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HomeMy WebLinkAboutmin 1976-02-18 71 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 18, 1976 - PAGE 1 The City Council convened in regular session at 8 : 07 p.m. with Councilwoman Pearson, Councilmen Wood, Simpson, and Mayor Weinkauf present. Councilman Norgard was absent. INVOCATION AND PLEDGE OF ALLEGIANCE r._._ Councilman Simpson gave the invocation and Councilwoman Pearson led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried to approve the minutes of February 4, 1976, as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried Payroll Warrants #5186 to #5352 inclusive in the amount of $82,186. 42 for the period of January 11, 1976 to January 24, 1976 inclusive be approved. GENERAL WARRANTS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried General Warrants #2966 to #3113 inclusive in the total amount of $229, 990. 96 be approved and ordered paid. PUBLIC HEARING-PLANNING COMMISSION INITIATED ZONE CHANGE APPL. NO. 76-30 Subject application, initiated by the Planning Commission, requests that certain parcels on the east and west sides of South Dora Street, between Observatory Avenue and Washington Avenue be rezoned from R-2, multiple family district to R-3, general multiple family district. Planning Commission, pursuant to its authority under Section 9241 of the Ukiah Municipal Code, initiated subject rezoning after reviewing the request of Dr. Patrick Henrie for rezoning from R-2 to R-3 of a single parcel on the east side of South Dora Street between Observatory and Washington. City Manager reviewed Planning Commission findings as contained in a memorandum dated February 2, 1976, recommending approval. Mayor Weinkauf declared the public hearing open at 8 :12 p.m. There was no one present in the audience to speak in favor of or in opposition to subject application. The public hearing was declared closed at 8 : 13 p.m. Councilman Wood asked what the other permissable uses are within an R-3 classification. City Manager read the section of the Ukiah Municipal Code pertaining to R-3 uses . Councilman Wood expressed the fact that a motel, mobile home park, or high rise apartment could be permitted in an R-3 zone. In his opinion, the mixture of single family residences and doctor' s offices as it has been developing in the past has proven to be satisfactory. Allowing such development to continue does not, in his opinion, represent spot zoning. Other alternatives to subject proposal were discussed by Council. Council indicated its support of Dr. Henrie ' s proposal. Councilman Simpson made a motion to return subject application to the Planning Commission with a letter of transmittal indicating support of subject application but not the portion initiated by the Planning Commission. Motion died for lack of a second. Councilman Wood made a motion to approve Dr. Henrie ' s request and send the remainder back to the Planning Commission for further consideration. City Manager referred to Section 9245 (b) of the MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 18, 1976 - PAGE 2 Ukiah Municipal Code which states that if Council wishes to change a Planning Commission proposal it shall first refer same back to the Planning Commission for a report thereon after which the Council may adopt- by ordinance an amendment in any form it deems desirable. Motion died for lack of a second. Councilwoman Pearson made a motion to approve Planning Commission recommendation of Zone Change Application No. 76-30. Motion died for lack of a second. Councilman Wood made a motion to deny Planning Commission recommen- dation in total. City Manager reported this action would necessi- tate applicant having to pay another fee and a new public hearing would have to be scheduled. Councilman Wood withdrew his motion. On a motion by Councilman Simpson, seconded by Councilman Wood it was carried by the following roll call vote to return Zone Change Application No. 76-30 to the Planning Commission with the recommendation that Dr. Henrie' s request be approved and the re- mainder of the rezoning be denied. AYES: Councilwoman Pearson, Councilmen Wood, Simpson, Mayor Weinkauf NOES: None ABSENT: Councilman Norgard Council expressed a need for a definition of spot zoning and the possibility of an ordinance eliminating high rise apartments and motels from R-3 zone. PUBLIC HEARING - ZONE CHANGE APPLICATION NO. 76-33 (DIAMOND INTERNATIONAL CORPORATION) Subject application is a request to rezone property located at 235 East Perkins Street from C-1, Light Commercial District, to C-2, Highway Commercial and Restricted Industrial District. Planning Commission findings dated February 3rd recommending approval was reviewed by the City Manager. Mayor Weinkauf declared the public hearing open at 8 : 45 p.m. There was no one present who spoke in opposition to the proposal . Applicant was present and spoke in favor of the proposal and briefly stated the proposed plans . Council action is set forth in the next order of business. INTRODUCTION OF ORDINANCE NO. 678 (ZONE CHANGE APPLICATION NO. 76-33) On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to introduce Ordinance No. 678 , "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2, Div ision 9 Of The Ukiah City Code By Rezoning Property From C-1 Zone To C-2 Zone (Zone Change Application No . 76-33 ; Diamond International Corporation) " . PUBLIC HEARING-ALLEY ABANDONMENT N.E. CORNER CLARA & N.W.P.R.R. Subject request was made by Mr. and Mrs. H. A. Madden, 200 Clara Avenue. The area for consideration is a portion of a public alley located near the northeast corner of Clara Avenue and the North- western Pacific Railroad right-of-way. Planning Commission findings dated February 9th recommended approval of the request. Mayor Weinkauf declared the public hearing open at 8 : 50 p.m. Mr. Madden was present in the audience and pointed out the potential hazard that currently exists in the area to both walking and vehicular traffic. There was no one present to oppose the abandon- ment. The public hearing was declared closed at 8 : 51 p.m. 73 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 18, 1976 - PAGE 3 In Council discussion it was pointed out that abandonment should be con itioned on the Maddens granting an easement to the property owner who fronts on Clara Avenue immediately east of the Maddens property, so that property owner would have access to his garage. Council action is set forth in the following resolution. w_ RESOLUTION NO. 76-41 ORDERING VACATION OF UNNAMED ALLEYWAY On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried Resolution No. 76-41 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Ordering The Vacation Of An Unnamed Alleyway" . APPROVAL OF F.A.U. AGREEMENT NO. 1 PROJECT TRAFFIC SIGNALS Subject project is one of a list of safety type projects which has been established and could be funded through F.A.U. funds . The proposed location is North State Street at Empire Drive/Ford Road. The traffic problem in the area was discussed. The Director of Public Works discussed the considerations being given to allevia- ting the problem. Council action is set forth in the following resolution. RESOLUTION NO. 76-42 AUTHORIZING SIGNATURE TO FAU AGREEMENT On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried Resolution No. 76-42 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Signature To FAU Agreement" . PLANNING BOOKLET FOR COUNCIL & PLANNING COMMISSION Councilman Wood requested, and it was Council consensus , that the City Manager oversee a joint project for the City Attorney and the Planning Director to put into form the basic rudiments of good planning for ready reference by the Council and the Planning Commission. The information should contain the most common zoning classifications , permissable uses, EIR content and requirements, and what determinations and what findings need to be made. SB174 Councilman Simpson referred to subject bill and requested more infor- mation. City Manager will obtain a copy of the bill. WALTER SLANEY Mr. Slaney requested more garbage carnsto be distributed throughout the city and for the cans to be emptied more regularly. Director of public works made note of the request. LEE ENEMARK Mr. Enemark reported the park committee met informally and requests the City make an attempt to turn the parking spaces vacated by the Sheriff ' s Department into public parking. WALLACE BEHM Mr. Behm referred to a recent Lions Club meeting he attended where he learned of the alarming increase in the crime rate and requested Council consideration of filling the vacancy that exists in the Police Department. Mr. Behm was advised that if a need exists, the request will go direct to the City Manager and Council, not through the Lions Club. 74 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 18, 1976 - PAGE 4 COUNCILMAN SIMPSON Councilman Simpson asked about the traffic fine monies and City Manager stated the fines were not going into the general fund this year. TED FEIBUSCH Mr. Feibusch referred to Councilman Simpson' s statement and stated that the traffic fines for 1973-74 and 1974-75 went into the General Fund. ADJOURNMENT Mayor Weinkauf adjourned the meeting at 9 : 23 p.m. Mayor ATTEST: City Clerk