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Home My WebLink Aboutmin 10-03-73 8 Y MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH OCTOBER 3, 1973 - PAGE 1 The City Council convened in regular session in the Council Chambers at 8 : 02 p.m. with Councilman Weinkauf, Norgard, Buxton, Pearson, and Mayor Simpson present. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by the Reverend Mr. Elmer Schmitt and Councilman Buxton led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilman Pearson, seconded by Councilman Norgard it was unanimously carried the minutes of the meeting of September 19, 1973 , be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Buxton it was unanimously carried Payroll Warrants #492 to #631 inclusive for the period of September lst to September 15, 1973 , be approved in the total amount of $62, 306. 03. GENERAL WARRANTS On a motion by Councilman Pearson, seconded by Councilman Weinkauf , it was unanimously carried General Warrants #2636 to #2639 inclusive in the total amount of $668 . 00 and #2640 to #2675 inclusive in the total amount of $68, 816. 10 be approved and ordered paid. PUBLIC HEARING-ZONE CHANGE APPLICATION NO. 73-31 DENIED (JACK D. FRANKS) The City Manager reported this as being the time and place for public hearing regarding subject application which had been continued from the August 15, 1973 , meeting at the request of the applicant. Subject application is to rezone parcel of property located at the northeast corner of Dora Street and Wabash Avenue from R-1 to R-3 . The City Manager reviewed Planning Commission minutes and Findings of Fact wherein the recommendation was for denial of said application. Public hearing was opened at 8 : 09 p.m. Mr. Jim Barrett, 260 Zinfandel, Planning Consultant was present in the audience and spoke on behalf of the application. He reviewed the architect' s rendering of the proposed building to allow four office suites in two office buildings which had been reviewed by the Planning Commission and which if granted, will meet all city requirements. Mr. Barrett, stated in his opinion the request is consistent with land use in the area and referred to an aerial map of the area which showed the density in relation to residential homes and commercial establishments . He also stated uses have recently been established in the area by rezoning, and the granting of use permit and variance applications and this request is for the extension of such judgments. Mr. Charles Mannon, Attorney for the Petitioners, summarized the views of the opposition which was the objection to the develop- ment of zoning other than R-1 and objection to any further develop- ment of spot zoning in the area. The Petitioners desire to see that the neighborhood maintain its residential character. The following persons were present in the audience to express their opposition to granting of subject application: Fred Buckman, 1280 So. Dora Pat Stefani, 225 Washington Norman Hallam, 1240 So. Dora Bob Shore, Wabash & Dora Marie McGrow, 1214 So. Dora Mr. Stafford, 1330 So. Dora Tom Roberts, 1260 So Dora MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH OCTOBER 3, 1973 - PAGE 2 The opposition reiterated objections expressed at the Planning Commission meeting of May 3, 1973 , which generally included the following statements: 1) It would be a mistake to invade this area for commercial use. 2) If encroachment of R-3 zone is allowed in this instance, more will continue. 3) Rezoning of subject property would affect the resale value of homes in the area. 4) Objection to rezoning area to allow one use and another use developed at a later time. Mr. Don Hinkle, Attorney for applicant stated that the change which is taking place in subject area should be taken into consideration. He pointed out subject request is the logical way to draw the line on zoning in light of the change that is taking place in the area. He also stated that applicant is willing to enter into an agreement that will assure that this will be used only for professional offices. The City Attorney read from the Ukiah Municipal Code which stated the allowable uses in R-3 zone. It was pointed out that the Planning Commission will be reviewing a proposed zoning ordinance which, if adopted will create an "0" zone for uses of this nature. Councilman Buxton stated he could see no objection to approval of a professional office in this location but would be opposed to any other use. Public hearing was closed at 8 : 54 p.m. City Manager stated the alternatives which the Council may take concerning subject application. Councilman Pearson made a motion to refer subject matter back to Planning Commission with the recommendation that the matter be held in abeyance until after adoption of the proposed zoning ordinance. The City Attorney pointed out that the proposed ordinance is quite lengthy and will entail concentrated work and study by the Planning Commission over a period of four to six months prior to its adoption. Mr. Hinkle stated that time is no problem and applicant would be agreeable to the matter being held over for a period of several months. Councilman Pearson withdrew the motion. On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was carried by the following roll call vote to deny Zone Change Application No. 73-31 as recommended by the Planning Commission. AYES: Councilmen Weinkauf, Norgard, Buxton, and Mayor Simp on. NOES : Councilman Pearson ABSENT: None MAYOR SIMPSON DECLARED A RECESS AT THIS POINT IN THE MEETING - 9: 10 P.M. ADOPTION OF ORDINANCE NO. 646 (SANITARY SEWER SYSTEM FEE) On a motion by Councilman Norgard, seconded by Councilman Pearson it was carried by the following roll call vote to adopt Ordinance No. 646 and the Mayor and Clerk be authorized to sign same, "Ordi- nance Of The City of Ukiah Establishing Fees For The Connection Of The Plumbing Of Any Building Or Structure To The Sanitary Sewer System and For The Improvement Of The Sanitary Sewer System. " AYES : Councilmen Norgard, Buxton, Pearson, Mayor Simpson NOES: Councilman Weinkauf absent: None MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH OCTOBER 3, 1973 - PAGE 3 ADOPTION OF ORDINANCE NO. 647 (WATER CONNECTION FEE) On a motion by Councilman Norgard, seconded by Councilman Pearson it was carried by the following roll call vote to adopte Ordinance No. 647 and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City of Ukiah Establishing Fees For Water Trans- mission, Storage and Production And Treatment Facilities" . AYES: Councilmen Norgard, Buxton, Pearson, Mayor Simpson NOES: Councilman Weinkauf ABSENT: None RESOLUTION NO. 74-21 ESTABLISHING SPECIAL ACCOUNTS ESTABLISHED BY ORDINANCE NOS. 646 AND 647 On a motion by Councilman Norgard, seconded by Councilman Pearson it was unanimously carried Resolution No. 74-21 be adopted and the Mayor and Clerk be authorized to sign same, "A Resolution Of The City Council Of The City Of Ukiah Establishing Special Accounts For Collection And Disbursement Of Fees Established by Ordinances Numbered 646 and 647" . RESOLUTION NO. 74-22 AUTHORIZING FILING OF APPLICATION FOR REIMBURSEMENT UNDER SECTION 206, P.L. 92-500 On a motion by Councilman Pearson, seconded by Councilman Weinkauf it was unanimously carried Resolution No. 74-22 be adopted and the Mayor and Clerk be authorized to sign same, "A Resolution Authorizing The City Manager Of The City Of Ukiah To File Application For Re- imbursement Under Section 206, P.L. 92-500 Requesting Increased Federal Grant For Project WPC-CAL-9" . APPROVAL OF AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES & USE TAXES On a motion by Councilman Weinkauf, seconded by Councilman Pearson it was unanimously carried to approve "Agreement For State Admin- istration Of Local Sales And Use Taxes" and the Mayor and Clerk be authorized to sign same. INTRODUCTION OF ORDINANCE NO. 652 AMENDING CODE & SETTING OUT SALES & USE TAX PROVISIONS On a motion by Councilman Weinkauf , seconded by Councilman Norgard it was carried by the following roll call vote to introduce Ordinance No. 652, "An Ordinance To Amend Various Sections Of Chapter 8, Division 1 Of The Ukiah City Code Setting Out The Sales And Use Tax Provisions Of The City Of Ukiah" . AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, Mayor Simpson NOES: None ABSENT: None BID AWARD FOR SEWAGE CUTTING & SCREENING MACHINE POSTPONED On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried to hold over the award of bid for the sewage cutting and screening machine to allow time to analyze the bids. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR DISPENSING AVIATION GASOLINE & OIL AT AIRPORT On a motion by Councilman Pearson, seconded by Councilman Norgard .it was unanimously carried to authorize the Clerk to call for bids for dispensing gasoline and oil at the Airport, bids to be received prior to 2: 00 p.m. , October 30, 1973 . 312 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH OCTOBER 3, 1973 - PAGE 4 CONSIDERATION OF RECOMMENDATION FOR GRANTING PERMIT TO OPERATE SATELITE AIR TAXI FROM AIRPORT The City Manager reported Mr. Norman Ijames, Triple A Air Charter, Inc. has requested permission to operate a satelite air taxi service from the Municipal Airport. The Airport Commission has recommended the permit be granted after requested changes had been made in the ori,g'inal application. On a motion by Councilman Pearson, seconded by Councilman Buxton it was unanimously carried to authorize the City Attorney to negotiate an agreement with Triple A Air Charter, Inc. , and upon execution of same by Triple A. return the matter for final Council consideration. DISCUSSION OF PROPOSAL TO PERMIT SALE OF JET FUEL AT AIRPORT City Manager reported Louisiana Pacific Corporation has discussed the possibility of having Smith Air perform maintenance of their turbo prop aero commander aircraft. The demand for jet fuel from other sources is too low to justify the cost to the City for underground tanks and mobile- equipment to take the fuel to the aircraft. Marty Smith has requested permission to install a tank, furnished by Louisiana Pacific, on the property he new has under lease from the City, and would meet all Building and Fire Codes. The City Manager reported individual Airport Commissioners indicate they are in favor of granting the permit and recommended approval of the general terms of the proposal as outlined by Marty Smith. On a motion by Councilman Pearson, seconded by Councilman Norgard it was unanimously carried to authorize the City Attorney to draw up the necessary agreement or amendment of the existing agreement to permit the sale of jet fuel as proposed by Marty Smith, after which said document will be returned to the Council for final approval. FORMAL BIDDING PROCEDURE WAIVED TO PURCHASE PARTS FOR SEWAGE TREATMENT PLANT EQUIPMENT Subject request is made since only one company can furnish replace- ment parts for equipment at the Sewage Treatment Plant. On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried to waive the formal bidding procedure to purchase needed replacement parts at the Sewage Treatment Plant from Rexnord in the amount of $4000. 00. DATE FOR PUBLIC HEARING SET FOR REPORT OF COSTS OF WEED ABATEMENT On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried to set November 7 , 1973 , as the date for public hearing fat-report of costs of Weed Abatement. COUNCILMAN NORGARD of Councilman Norgard referred to property/hem-t--e the Ford dealer where weeds have not been cleaned off, and stated the matter should be taken care of. REPORT OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH OCTOBER 3 , 1973 - PAGE 5 COUNCILMAN BUXTON Councilman Buxton referred to the traffic signals at Talmage & State, and Scott and Norton with a possible solution to the problems that exist. COUNCILMAN PEARSON Councilman Pearson suggested that during noon hour and at 5: 00 p.m. "No Left Turn" signs be placed at the congested corners on State Street to speed flow of traffic. MAYOR SIMPSON Mayor Simpson reported the action taken by the Traffic Committee of which he is a member, the complications encountered and studies underway. APPOINTMENTS MADE TO TECHNICAL ADVISORY COMMITTEE On a motion by Councilman Norgard, seconded by Councilman Pearson it was unanimously carried to appoint the Director of Public Works and the City Planner to be the City' s representative on the Technical Advisory Committee. ADJOURNMENT Mayor Simpson adjourned the meeting at 10: 12 p.m. after which the Council reconvened in Executive Session. After said Executive Session, the Council convened in regular session to conduct the following item of business. BID FOR 1973 FOUR DOOR SEDAN WITHDRAWN The Council, after being informed that Underwood-Ford would not be able to supply a car pursuant to the award made on August 15, 1973, withdrew the award and authorized the City Manager to again call for bids. May r S ATTEST: City Clerk