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HomeMy WebLinkAboutMin 07-06-6628O H INUTES OF THE HEETING OF THE COUNCIL OF THE CITY OF UKIAH JULY 6, 1966 Tl~e City Council convened in regular session in the Council Chambers at 8:05 P.M. with Mayor Norgard, Councilmen Scotto, Crook, Henderson and Harlowe present. APPROVAL OF M! NUTES On a motion by Councilman Crook, seconded by Councilman Hend'erson, it was unanimously carried the minutes of the regular meeting of June 22, 1966 be approved as submitted by the Clerk, and the minutes of the adjourned meeting of June 29, 1966 be approved as corrected to include the following under Item 1 of the City Attorney's report on Items submitted for payment: "On a motion by Councilman Crook, seconded by Councilman Scotto, i"t'""'~'as unanimously carried the Compromise Settlement and Release be accepted in the matter of the City vs. Fones and the Mayor and Clerk be authorized to sign same." PAYROLL WARRANTS On a motion by Councilman Scotto, seconded by Councilman Harlowe, it was unanimously carried payroll warrants for the period of June 16th through 3Oth, 1966 be approved in the amount of $37,229.71. REGULAR WARRANTS On a motion by Councilman Henderson, Seconded by Councilman Scotto, it was unanimously carried regular warrants in the amount of $39,563.23 be approved and ordered paid. CONTINUATION OF PUBLIC HEARING ON WEED AND RUBBISH ABATEMENT PROGRAM Public hearing was reopened at 8:07 P.M. on the 1966 Weed and Rubbish Abatement Program. Affidavits of service by mail of all owners of property described in Resolution No. 66-65' and of the posting of all such properties by the Director of Public Works were placed on file. The Certificate of the Director of Public Works withdrawing certain properties from the order con- tained in Resolution No. 66-65 was also placed on file. There were no persons in the audience requesting to be heard on the matter of weed and rubbish abatement and the public hearing was declared closed at 8:10 P.M. RES. NO. b7-1 ORDERING DIRECTOR OF PUBLIC WORKS TO PROCEED WITH THE ABATEMENT OF WEEDS AND RUBBLE On a motion by Councilman Harlowe, seconded by Councilman ~cotto, it was unanimously carried Resolution No. 67-1 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Ordering Director of Public Works To Proceed With The Abatement Of Weeds and Rubble." RES. NO. 67-2 APPROVING AND RATIFYING PURCHASE AGREEMENT (POULOS PROPERTY) AND APPROPRIATION OF FUNDS FOR PAYMENT On a motion by Councilman Scotto, seconded by Councilman Harlowe, it was carried by the following roll call vote Resolution No. 67-2 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Approving And Ratifying Purchase Agreement (Poulos MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH JULY 6, 1966 - PAGE 2 Property) And Appropriation Of Funds For Payment." AYES: Councilmen Scotto, Crook, Henderson, Harlowe and Mayor Norgard. NOES: None. ABSENT: None. REHEARING APPEAL OF LANDIS MORGAN FROM PLANNING COMMISSION DENIAL OF USE PERMIT NO. 66-20 Public hearing was declared open at 8:14 P.M. for the purpose of rehearing the appeal of Landis Morgan from Planning Commission denial of Use Permit No. 66-20 extending Use Permit No. 4-61 to include the parcel zoned C-2 located at the southwest corner of Norton and Mason Streets for truck and trailer parking. Affidavit of Publication giving notice of the hearing was placed on file. The City Attorney also filed as an exhibit the Petition For Re- Hearing as filed by Mr. Morgan's attorney. The following persons testified in opposition to granting the proposed use permit because of the noise, dust and bright light produced by the operatior~ of the trucks adjacent to residential uses, and that the manner in which they are parked on the property in question obstructs the view at the intersection of Norton and Mason Streets constituting a hazard to both motorists and pedes- trians. The opinion that Mr. Morgan has no genuine intention of relocating his trucking business was also expressed by severai of the protestants. Mr. W. L. Allenthorp Mrs. Adelia Morgan Mr. Merle Morgan Miss Grace Morgan Mr. and Mrs. Frank Jensen Mr. Leo Foster Mr. Jeff Jacobs Mr. and Mrs. Fidel Royval The Petition For Rehearing was read in full by the City Attorney which states that "petitioner hereby applies for a use permit only for the period of time necessary to conduct said relocation, said period of time in no event, and under no circumstances, to extend beyond one year." Mr. Irish also reviewed the state- ment made by Mr. Morgan I S attorney at the Counc i 1 meet i ng of June 15th to the effect that in the event the temporary permit is granted, at its expiration petitioner would simultaneously discontinue operations on the property covered by Use Permit No. 4-61. The Council was also advised by Mr. Foster and other members of the audience that conditions imposed by the Planning Commission for the continuance of Use Permit No. 4-61 relative to paving and drainage had not been complied with by Mr. Morgan within the time allowed. They were advised these matters should be called to the attention of the Planning Commission at its next meeting, and Mr. Morgan s~ted that it had been his intention to request modification of the requirement for paving to permit dust oiling of the area in the event the subject temporary permit is granted. Considerable discussion was held in an effort to work out an alternate solution to the one proposed by the petitioner which would be satisfactory to all concerned, including a reduction in the time permitted for relocation. However, Mr. Morgan stated that he would definitely need the full year from May 11, 1966 when the permit was originally denied to locate and develop other property for his use. A motion by Councilman Scotto that the application of Landis Morgan for a Use Permit for one year be denied died for lack of a second. Further discussion followed during which the petitioner agreed to furnish the City with a written statement guaranteeing relin- quishment of both Use Permit No. 4-61 and the subject permit, if granted, and that he would forego logal action to pursue the matter further. 2S2 1'41NUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH JULY 6, 1966 - PAGE 3 Mr. Morgan also agreed to provide dust oil surfacing of the property within a period of time not to exceed 15 days. On a mOtion by Councilman Harlowe, seconded by Councilman Crook, it was carried by the following roll call vote the City Attorney be directed to prepare a resolution granting Use Permit No. 66-20 to Landis Morgan for a period of one year from May 11, 1966, subject to receipt of written guarantee from the applicant that the original Use Permit No. 4-61 and the subject permit will be relinquished upon expiration of Use Permit No. 66-20, and that he will forego legal action in further pursuit of the matter. AYES: Councilman Crook, Henderson, Harlowe and Mayor Norgard. NOES: Councilman Scotto. ABSENT: None. Mr. Leo Foster requested that a copy of the permit be provided to him and was informed that one would be made available to him as spokesman for the protestants. COUNCIL RECESS A brief recess was called by Mayor Norgard at 9:57 P.M., after which the Council reconvened at 10:O5 P.M. ANNOUNCEMENT OF REDWOOD EMPIRE DIV., LEAGUE OF CALIF. CITIES - EUREKA Preliminary announcements of the July 3Oth meeting of the Redwood Empire Division of the League of California Cities at Eureka were distributed to the Council. JULY 17th FLY-IN The Council was reminded of the Fly-in sponsored by the Mendocino County Airmen's Association and the Ukiah Rotary which will be held at the Municipal Airport July 17th. APPLICATION FOR FUNDS UNDER STATE PARK BOND ACT FILED The Council was informed that the City's application for funds under the State Park Bond Act for development of a City-County regional park had been filed as of Friday, July 1st. HANAUER REPORT The City Manager reported that he had been advised by telephone that the financial feasibility studyb/ J. B. Hanauer Co., Inc. would be received by the City no later than July 12th. COUNCILMAN CROOK Councilman Crook enquired whether or not the City Manager had made arrangements with the County to reimburse the City for use of the garbage disposal area by the County and was advised that this is under negotiation at the present time. ADJOURNMENT As there was no further regular business, Mayor Norgard declared the meeting adjourned at 10-.ll P.M. ATTEST: ' CITY CLERK