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HomeMy WebLinkAboutmin 04-18-73 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 18, 1973 The City Council convened in regular session in the Council Chambers at 8:01 p.m. with Councilmen Weinkauf, Norgard, Pearson and Mayor Simpson present. Councilman Buxton was absent. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by the Reverend Mr. Elmer Schmitt and Councilman Norgard led in the pledge of allegiance. APPROVAL OF MINUTES On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was unanimously carried the minutes of the meeting of April 4, 1973, be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Weinkauf, seconded by Councilman Norgard, it was unani- mously carried Payroll Warrants #3899 to #4040 inclusive for the period of March 16th to March 31, 1973, inclusive be approved in the total amount of $57,270.69. GENERAL WARRANTS On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was unani- mously carried General Warrants #1622 to #1748 inclusive, in the total amount of $127,257.51 be approved and ordered paid. PUBLIC HEARING ZONE CHANGE APPL. NO. 73-13 (TED FEIBUSCH) Council had been furnished with Planning Commission action concerning subject application. Applicant requests that the rear triangular portion of property located on North Elm Street opposite Vinewood Park be rezoned from R-1 to C-1. Affidavits of Publication of the required legal notice of the hearing as well as Affidavits of Posting and Mailing were placed on file. City Manager recommended introduction of the ordinance following the public hearing. Public hearing was declared open at 8:05 p.m. Mr. Ted Feibusch was present in the audience and spoke in favor of subject appli- cation and reviewed the plot plan of the area to be rezoned. There was no one present in the audience who spoke in opposition to subject application. Public hearing was declared closed at 8:08 p.m. Council action is set forth in the introduction of the following ordinance. ORDINANCE NO. 636 INTRODUCED AMENDING CODE TO REZONE PROPERTY FROM R-1 TO C-1 (ZONE CHANGE APPL. NO. 73-13, TED FEIBUSCH) On a motion by Councilman Norgard, seconded by Councilman Pearson, it was unanimously carried to introduce by title Ordinance No. 636, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2, Division 9 Of The Ukiah City Code By Rezoning Property From R-1 to C-1 (Zone Change Application No. 73-13, Ted Feibusch)". PUBLIC HEARING TO ABANDON PUBLIC UTILITY EASEMENT IN FAIRWAY OAKS SUBD. NOS. 2 & 5 City Manager reported the property owners of subject subdivision have requested abandonment of easements. The Director of Public Works had determined the easements are not necessary for any utility purpose. A letter from Pacific Gas & Electric Company dated March 28, 1973, and from Pacific Telephone and Telegraph dated March 29, 1973, stated there was no need for subject easements. City Manager recommended adoption of a resolution abandoning said easements. Public hearing was declared open at 8: 13 p.m. There was no one present in the audience to speak in favor of or in opposition to said abandonment. Public hearing was declared closed at 8: 14 p.m. Council action is set forth in the following order of business. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 18, 1973 - PAGE 2 RESOLUTION NO. 73-42 ABANDONING PUBLIC UTILITY EASEMENT FAIRWAY OAKS SUBD. NOS. 2 & 5) On a motion by Councilman Norgard, seconded by Councilman Weinkauf, it was carried by the following roll call vote Resolution No. 73-42 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Abandoning A Public Utility Easement (Fairway Oaks Sub- division Nos. 2 and 5)". AYES: Councilmen Weinkauf, Norgard, Pearson & Mayor Simpson. NOES: None ORDINANCE NO. 635 ADOPTED ADDING ABSENT:Councilman Buxton. TO CODE THEREBY PROVIDING CONDOMINIUM DEVELOPMENT REGULATIONS On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was carried by the following roll call vote Ordinance No. 635 be adopted and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City Of Ukiah, Adding Article 12a To Chapter 2, Division 9, Of The Ukiah City Code, Therefore Providing Condominium Development Regulations". AYES: Councilmen Weinkauf, Norgard, Pearson & Mayor Simpson. NOES: None ABSENT: Councilman Buxton. RESOLUTION NO. 73-43 SUPPORTING DEVELOPMENT OF AN AREA CRIMINAL JUSTICE EDUCATION & TRAINING CENTER AT SANTA ROSA On a motion by Councilman Norgard, seconded by Councilman Pearson, it was unanimously carried Resolution No. 73-43 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Supporting The Development Of An Area Criminal Justice Education And a. Training Center At Santa Rosa". DISCUSSION OF REQUEST FROM UKIAH SOLID WASTE COMPANY FOR ESTABLISHMENT OF AN ADDITIONAL SERVICE City Manager reported Ukiah Solid Waste Company has requested that an additional service be established which would provide unlimited curbside pickup of garbage and refuse on an optional basis at a rate of $3.50 per month. The current rate schedule provides for a $2.50 rate per 30 gallon can for pickup in the rear yard. City Manager reported the proposed rate is consistent with the rate charged in other cities for a similar service. The City Manager recommended the ordinance be amended to allow for this optional service. Councilman Norgard expressed an objection to the proposal since, in his opinion , curbside pickup would give the city an unsightly appearance with the clutter the cans afford and with the nuisance the dogs create by scattering the garbage. He stated the inclusion of curbside pickup was discussed at the time this contract began. In his opinion, the idea behind the change in garbage service was to help clean up the city so it would have an orderly and neat appearance. Councilman Norgard stated he is opposed to curbside pickup regardless of the advantages. Mayor Simpson asked if the present ordinance allows for cans to be placed curbside and received an affirmative answer. Mr. Paul Trouette, 812 West Church was present in the audience to ask if the a.._ proposed rate would be optional and was assured this is the proposal. He also asked if there is a need for this service. Mr. Phil Ward, Ukiah Sanitary Disposal Service explained that in his opinion there is a need. This additional service could be of particular benefit to large families and in addition would eliminate the excessive collection of trash and garbage around the household which could become a health hazard. Mr. Ward stated the curbside pickup would afford the company a saving in labor and time which they are willing to pass on to the customer. Mr. Jess Scheiding, 626 Joseph was present in the audience and expressed his opposition to the proposal. He stated he is pleased with the service he is getting, MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 18, 1973 - PAGE 3 but he does not use curbside pickup since he is aware of the problem the dogs could create by scattering the garbage. Mr. Bob Fowler, Attorney, 150 North Pine, representing a garbage contractor who is interested in maintaining service to the City was present in the audience and alleged that the original contract has changed materially, cited two provisions that in his opinion had been changed, and stated he is of the opinion the con- tract should be put out to bid again. Councilman Weinkauf made a motion, seconded by Councilman Pearson, to introduce an ordinance which would establish an additional service, optional to the customer, for curbside garbage pickup. The following roll call vote resulted in a tie vote: AYES: Councilman Weinkauf and Councilman Pearson. NOES: Council- man Norgard and Mayor Simpson. ABSENT: Councilman Buxton. COUNCILMAN NORGARD REPORTS SURPLUS PROPERTY COMMITTEE Councilman Norgard reported subject committee composed of Ira Brannon, Duane Wells, Marshall McCoy, City Manager Jim Swayne, and himself have met on two occasions to review city owned property. The committee considered the future needs of the City and toured the various city properties to determine which ones may be considered surplus. The committee recommends the sale of two properties - (1) the old substation property located just off Gobbi Street, to the rear of Safeway Stores, but to retain a portion for potential widening of Main Street, (2) the old library building. Councilman Norgard stressed his appreciation to the members of the committee for their time and requested the City Manager to express thanks to each. On a motion by Councilman Norgard, seconded by Councilman Pearson, it was unanimously carried to authorize the City Manager to proceed with the details for the sale of the substation property and the old library building property as recommended and report back to the Council. MAYOR SIMPSON Mayor Simpson requested clarification of the difference between a franchise and ordinance and which one supercedes the other. ADJOURNMENT Mayor Simpson adjourned the meeting at 8:44 p.m. after which the Council recon- vened in Executive Session. r s, Mayors ATTEST: City Clerk