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HomeMy WebLinkAboutMin 04-20-66~41NUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 20, 1966 The C i ty Counc i 1 convened i n re9u 1 ar sess i on i n the Counc i 1 Chambers at 8:0/+ P,M, with Mayor Norgard, Councilmen Crook, Henderson and Harlowe present, Councilman Scotto was absent, APPROVAL OF MINUTES On a motion by Councilman Crook, seconded by Councilman Harlowe, it was unanimously carried the minutes of April 13, 1966 be approved as submitted by the Clerk. RATIFICATION OF COUNCIL ELECTION OF MAYOR AND VICE MAYOR On a motion by Councilman Henderson, seconded by Councilman Harlowe, it was unanimously carried the Council approve the ratification of its action in closed personnel session at the meeting of April 19, 1966 in the election of Councilman Norgard as Mayor, and Councilman Scotto as Vice-Mayor. APPROVAL OF h:INUTES On a motionby Councilman Harlowe, seconded by Councilman Henderson, it was unanimously carried the minutes o'f April 1966 be approved as submitted by the Clerk. 19, PAYROLL WARRANTS On a motion by Councilman Crook, seconded by it was unanimously carried payroll warrants April 1 through 15, 1966 be approved in the Councilman Harlowe, for the period of amount of $33,6-~9.23. GENERAL WARRANTS On a motion by Councilman Harlowe, seconded it was unanimously carried general warrants $101,O88./+O be approved and ordered paid. by Councilman Crook, in the amount of PUBLIC HEARING ON APPEAL OF LANDIS MORGAN FROM DENIAL OF USE PERMIT NO. 66-20 Public hearing was declared open by the Mayor at 8:O7 P.M. on the appeal of Landis_Morgan6 from denial by the Plann.ing/4_6 Commission of Use Permit Mo. 6 20 for extension of Use Permit 1 for truck and trailer parking on property located at the southwest corner of Norton and Mason Streets. The City Attorney reviewed and introduced as evidence the following exhibits: 1) Plan 2) Orig 3) Affi 4) Affi inte 5) Noti 6) Plan Chairman. 7) A map indicating the property cove ning Commission files. inal Appeal file. davit of Publication giving notice of hearing. davit of Mailing of Notice of Hearing to all persons rested in the matter. ce of. Appeal. ning Commission Report of findings, signed by Donn Weaver, the property under discussion, as well as red by Use Permit 4-61. Mr. Irish pointed out that as one condition to the Planning Commission's denial of an application by residents in the area for revocation of the original use permit. Mr. Morgan was directed to file an application for a use permit covering the subject property. P, INUTES OF THE HEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 20, 1966 - PAGE 2 At this point, the following persons desiring to testify in this matter were sworn in by the City Attorney: Fidel Royval Donn Weaver Zina Chase Jeff Jacobs Nancy Jensen Leo Foster Merle Morgan Landis Horgan Hr. James Cooper, Attorney for Landis Morgan, outlined the basis for the appeal and reviewed the history of his client's truckin9 operation established at its present location in 1951 or 1952 with the understandin9 that the property was zoned C-2. Not until 1960 was Mr. Horgan informed that his business was not an allowed use in this district and that he would be required to obtain a Use Permit. Upon filin9 an application to the Plannin9 Commission, public hearings were held and it was determined by the Commission that the use constituted a permitted use in this zone . Mr. Cooper acknowledged that his client's business had grown in size and the number of trucks in operation and that in the Fall of 1965 Hr. Morgan leased the subject property to pro- vide off-street parking for 14 trucks. It was stated that other activities involved in the business, including repair work and the loading and unloading of trucks was not intended to be extended to this property. In the opinion of Mr. Cooper, in granting the original use permit and in finding for denial of the request for revocation of the use permit, the Planning Commission had to find that the nature of the use involved was not injurious to the persons residing or working in the area. At this point, the City Attorney requested that the record be corrected in that evidence in the hearin9 pertainin9 to the revocation of the use permit was not the same as the evidence taken in the hearin9 at which there was denial of the subject use permit. On several occasions during the following testimony the persons testifying were cautioned to confine their statements to the parcel of land under discussion. Hr. Royval testified that the noise generated particularly at night by the trucks and operation of the forklift on the property under discussion made it impossible to sleep and in- terfered with the study requirements of his children in the eveningo Hrs. Cahse, Mr. and Mrs. Jensen, Mr. Herle Horgan, Mr. Jacobs, and Hr. Foster all complained that the intensity of the noise, dust and fumes was increased by the growth of the appel lant's business and the greater number of trucks which he operates, and objected to the use of the property under discussion. Landis Morgan testified on his own behalf, and stated that the property would be used solely for the parkin9 of 1~+ trucks and that no loadin9 or unloadin9 would be conducted at that location. Hr. Weaver, testifying as Chairman of the Planning Commission, stated that the points upon which the Commission based its denial of the use permit included the extent of the use, the size and intensity of the entire operation and, in particular, the opinion that a business of this type conducted on a 2L~ hour basis is not compatible adjacent to a residential neighborhood. Although it was felt that the area is desirable as a C-2 Zone, until there is further C-2 development expansion of the subject use should not be permitted. There being no-Further at 9:01 P.M., and all evidence and testimony Council and a decision testimony, the public hearing was closed parties interested advised that the presented would be considered by the rendered within 60 days of the hearing. 244 MINUTES OF THE MEETING OF APR ! L 20, 1966 - PAGE 3 THE COUNC I L OF THE CITY OF UKI AH RES. NO. 66-46 EXTENDING VAR lANCE NO. 65-20 MR. AND MRS. RICHARD R. T,~YLOR REPOR UNDER ELECT On a motion by Councilman Crook, seconded bv Councilman Harlowe, it was' unanimously carried Resolution No. 66-46 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Amendin9 Resolution bio. 66-7 (Extension of Time For Completion Of Construction Under Variance No. 65-20, Mr. and Firs. Richard R. Taylor)." T ON LEGISLATION RE. GROUNDING OF RIC UTILITIES The City Attorney reported briefly on the progress of proposed legislation pertaining to the undergroundin9 of electric utilities and stated that he will Follow the bill closely and report to the Council From time to time. COUNCIL APPROVED PREPARATION OF SPECIFICATIONS FOR WATER COLLECTOR SYSTEM The City Hanager reviewed the project of the development and construction of increased water production facilities. It was pointed out that a contract agreement could be arrived at either by negotiation or by bid call, but in view of possible State and Federal financial participation in the total cost of the project it was necessary that the bid call procedure be utilized. This recommendation was approved by the Council. Cons wou l the addi cons iderable discussion occurred regarding the basis on which bids d be requested. This discussion was primarily concerned with development of approximately 5 million gallons per day tional production capacity as compared with an original truction project to provide a facility capable of producing the amount of permitted diversion of 20 cu. ft. per second, or 13 million gallons per day. After discussion it was agreed that the basic bid should be for the lesser amount with an alternate proposal for the provision of the full amount of the permit already granted to the City. Based on the discussion and the expressed agreement of the Council, the City Hanager was authorized to prepare specifications -For bid call based on the points determined in discussion. CAPITAL IMPROVEMENT PROJECTS; COUNCIL APPROVES APPLICATION FOR STATE AND FEDERAL FUNDS The City Manager requested Council authorization for the prepara- tion and filing of applications for State and Federal funds for all applicable capital improvement projects. On a motion by Counc Henderson, it was un authorized to file a for all eligible cap i lman Crook, seconded by Councilman animously carried the City Manager be pplications for State and Federal Funds ital improvement projects as recommended. REQUE INCLU i NT ER STS FOR FURTHER ACTION URGING SION OF HIGHWAY 101 IN STATE HIGHWAY SYSTEM The City Manager reviewed copies of resolutions adopted by the cities of Rohnert Park and Novato urging the inclusion of U. S. Highway 101 in the Interstate Highway System and that funds allocated to San Francisco be diverted to its improvement, and reported that both cities have requested that similar action be taken by the City of Ukiah. It was pointed out that in December of 1964 the Council had adopted a resolution urging the inclusion of Highway 101 in the Federal system. 245 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 20, 1966 - PAGE L~ On a motion by Councilman Crook, seconded by Councilman Henderson, it was unanimously carried the City Attorney be instructed to prepare a resolution reaffirming the previous position of the Council regarding U. S. Highway 101, and requesting the diversion of funds previously allocated to San Francisco for its improvement. I NV l TAT ION TO FAREWELL RECEPT I ON FOR W! LLI AM COTTON The City Manager reported that an invitation had been extended to all members of the Council to attend the farewell reception honoring Mr. and Mrs. William Cotton at the Mendocino Lake Clubhouse, Friday, April 22nd, at 8:00 P.M. ADJOURNMENT As there was no further regular business, Mayor the meeting adjourned at 9:55 P.M., after which convened in closed personnel session. Norgard declared the Counci 1 re- ATTEST: CITY 'CLERK "~ MAYOR ' ' '