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HomeMy WebLinkAboutMin 07-15-64MINUTES OF THE MEETING OF THE COUNCIL JULY 15, 1964 OF THE CITY OF UKIAH 47. Th Ch an ab ~PPROVAL e City Council convened in regular session in the Council ambers at 8:00 P.M. with Mayor Banker, Councilmen Norgard d Scotto present. Councilmen Buxton and Smalley were sent. OF MINUTES On a motion by Councilman Scotto, seconded by Councilman Norgard, it was unanimously carried the minutes of July 1964 be approved as submitted by the Clerk. GENERAL WARRANTS 8~ PUBLIC BECK, DENIAL On a motion by Councilman Scotto, seconded by Councilman Norgard, it was unanimously carried general warrants in amount of $75,018.76 be approved and ordered paid. HEARING ON APPEAL OF UKIAH COMMUNITY CHURCH OF USE PERMIT #64- 7. DOROTHY E. FROM the Public hearing was declared open by the Mayor at 8:02 P.M. on the appeal of Dorothy E. Beck, Pastor of the Ukiah Community Church from denial of Use Permit Application No. 64-7 for combined church and residential use of the existing residence at 1164 Helen Avenue. The City Attorney noted for the record that Mrs. Beck was present and was accompanied by her attorney, Mr. Fredric Crump of Lakeport. The City Attorney made a brief summary of the proceedings up to this time and the purpose of the public hearing. He noted that it was his interpretation that evidence would be required to be taken and that accordingly all persons desiring to speak before the Council upon this subject must be sworn. Thereupon, the prospective witnesses for and against the appeal were sworn. The following documents were offered into evidence by the City Attorney: 1) Application for Use Permit #64-7, accompanied by a diagram of the area involved. 2) Publication of legal notice of the public hearing by the Planning Commission. 3) Planning Commission file on the application for Use Permit 64-7 which consists in part of the minutes of a special meeting of the Planning Commission dated May 28, 1964. 4) Application for Variance No. 64-2 filed by the Ukiah Commu- nity Foursquare Church. Application denied on September 18, 1963. 5) Notice of Appeal filed by the Ukiah Community Church and Dorothy E. Beck on June 10, 1964, COUNCILMAN BUXTON ARRIVED AT THIS POINT IN THE MEETING - 8: l0 6) 7) 8) 9) 10) 11) Affidavit of Publication of notice of this hearing scheduled for July 8, 1964 and continued to this date at the request of counsel for Mrs. Beck. Letter from Mr. Fredric Crump requesting continuance. Planning Commission summary of minutes of the Planning Commission meetings of July 22, 1963, August 15, 1963, September 5, 1963, May 28, 1964, June 18, 1964 and City Council meetings of August 7, 1963, September 18, 1963 and June lO, 1964. Planning Commission report of findings as required by Sec. 9205b of Ordinance No. 552. Letter dated July 14, 1964 from Ukiah Ministerial Association as read by City Attorney. Three photographs of the area of the proposed church. MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH JULY 15, 1964 - PAGE 2 Mr. Crump objected to the receipt of Exhibits Nos. 3, 4 and 8. Because of Mr. Crump's objection to Exhibit No. 8, the City Attorney then offered into evidence the original minutes of the ~lanning Commission meetings of July 22, 1963, Au~]ust 15, 1963 September 5, 1963, May 2 , 1964 and June 18, 1963 and the original minutes of the City Council meeting of August 7, 1963, September 18, 1963 and June 10, 1964 to which there were no objections. All of the foregoing offered exhibits were received in evidence. Mayor Banker then asked if there were persons who desired to be heard at this time, whereupon Mrs. Dorothy Beck testified in support of the application. Mrs. Beck gave a summary of the history of her attempt to establish a church at this location, which began with the filing of an application for a Variance. The Application was ultimately denied on September 18, 1963. Mrs. Beck felt the change in the City Code permitting churches in an R-1 zone with a Use Permit constituted a change in status of the matter, and she decided to apply for such a permit. The church is small at this time, and as the church expands Mrs. Beck stated they would have to acquire other property for their needs. She explained the difficulty involved in finding reasonably priced accommodations for this sized group, and stated she planned no fur- ther expansion at this location except for the construction of an office. Mrs. Beck stated the building was approved for public occupancy of up to 50 persons by the Building Inspector and was further approved by the Fire Department Inspector. No adverse reports were received from either. In response to a question by Councilman Scotto, Mrs. Beck stated that the church has occupied several rented buildings in Ukiah over the past years. In response to a question by Councilman Banker, Mrs. Beck stated that she did not own the property at the time she originally applied for a variance and that she be- came the owner after the first action by the Planning Commission and Counci 1. COUNCILMAN SMALLEY ARRIVED AT THIS POINT IN THE MEETING - 8:25 P.M. Several persons in opposition to the proposed use permit testified. Mr. J. M. Robinson of 1173 Helen Ave. stated that when he purchased his property last September there was a "For Sale" sign on the Beck property and he was told that the area was a residential zone with no mention of a proposed church in this neighborhood. Mr. Jack McCoey of 12OO Helen Ave. stated that this is the poorest location for a meeting house of any kind. The street is heavily used by children, and due to the lack of sidewalks, additional traffic would be hazardous to them. Furthermore, if the church is al lowed, it will definitely depreciate property values. Under cross-examination by Mr. Crump, Mr. McCoey was asked on what facts he based his statement that property values would be damaged and that traffic would become a problem. Mr. McCoey stated that he is a realtor, and that people have refused to look at property in the area, and that an offer of $4,000 on a parcel one year ago had been reduced $1,OOO this year. He further stated that many children on bicycles and as pedestrians use the street since there are no sidewalks in the area of Helen Ave. Mr. James Cagle of 390 Washington Ave. stated he did not think this is a proper location for a church, and that the building contained insufficient capacity for 50 people. Mr. Frank Crane of 4 Banker Blvd. testified that he is developing the property adjoining the Beck property into 23 first class residential sites, and that those in the building business know that a church does depreciate adjoining property values. MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH JULY 15, 1964 - PAGE 3 Mr. Donn Weaver, Chairman of the Planning Commission, stated tha~. the Commission must consider planning as a whole, and orderly development with as little conflict as possible between the various uses. He further stated the Commission found that a church was not desirable in this location. Mayor Banker declared the hearing closed at 9'.15 P.M. and informed the Council of the following courses of action which the Council could take on the matter: l) 2) 3) Deny the appeal, Grant the permit with or without limitations, or Defer the matter for action at a later meeting. However, a decision must be reached no later than August 9th, and the last regular meeting of the Council prior to that date will be August 5th, 1964. In response to questioning Mrs. Beck stated that church services are being held in her home at the present time. On a motion by Councilman Scotto, seconded by Councilman it was unanimously carried the appeal of Dorothy E. Beck, of the Ukiah Community Church be taken under submission. Bux ton, Pastor It was agreed notice of the Council's decision would be forwarded to Mr. Crump, attorney for Mrs. Beck. INTRODUCTION OF ORDINANCE AMENDING AND CODIFYING SUBDIVISION ORDINANCE 561 Proposed Ordinance No. 561 amending and codifying the subdivision Ordinance was presented for the Council's consideration. The City Attorney reviewed all changes which have been made in order to bring the ordinance into conformity with the Zoning Ordinance, and explained that one reading of the ordinance in its entirety will be required. Ordinance No. 561, An Ordinance Codifying A Portion of Division 9 Of The Ukiah City Of Ordinance No. 533, As Amended Herein, was introduced by Councilman Buxton. and Adopting By Reference Code, Consisting and Ordinance No. 401 INTRODUCTION OF ORDINANCE 562 REZONING PORTION OF ANNEXATION 62-1 FROM R-1 TO R-2 ZONE Ordinance No. 562 Amending Chapter 2 Of Division 9 Of The Ukiah City Code By Rezoning A Portion of Annexation 62-1 From R-1 to R-2 Zone was read in full by the City Attorney and introduced by Councilman Norgard. NOTICE OF HEARING ON HIGHWAY AND FREEWAY PLANNING The City Attorney reviewed correspondence from the League of California Cities relative to a hearing on highway and freeway planning to be held by the Assembly Committee on Natural Resources, Planning and Public Works in Arcata on July 24th. AT THIS POINT THE MAYOR DECLARED A FIVE MINUTE RECESS, AFTER WHICH THE COUNCIL RECONVENED AT 9:50 P.M. RES. 65-4 ADOPTING AND SUBMITTING BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS On a motion by Councilman Scotto, seconded by Councilman Norgard, it was unanimously carried Resolution No. 65-~+ be adopted, and the mayor and Clerk be authorized to sign same, 'lResolution Adopting and Submitting A Budget For Expenditure Of State Allocation (Engineering) Funds. M ~ NUTES OF THE MEET ~ NG OF THE COUNC ~ L OF THE C ~ TY OF UK~ AH JULY 15, 1964 - PAGE 4 RES. NO. 65-5 ADOPTING BUDGET FOR EXPENDITURES OF GAS TAX FUND On a motiOn bY Counc~ Iman 'Norgard, seconded by Councl Iman Buxton, it was unanimously carried Resolution No. 65-5 be approved and the Mayor and Clerk be authorized to sign same, "Resolution Adopting and Submitting A Budget For Expenditure Of Funds Allocated From the State Highway Fund to Cities." LOCAL AGENCY FORMATION COMMISSION HEARING, AUGUST 3, 1964 The Council was advised that a hearing will be held by the Local Agency Formation Commission on August 3, 1964 relative to the proposed Jones Addition to the Mi llview Water District. The hearing is scheduled for 2:00 P.M. in the Supervisors Chambers of the Courthouse. RESIGNATION OF WM. G. FOSTER FROM BOARD OF TRUSTEES OF UKIAH LIBRARY A letter from William G. Foster advising the Council of his resignation from the Board of Trustees of the Ukiah Library was read by the City Manager. FURTHER DISCUSSION REGARDING ERNEST HARRIS REQUEST TO HOLD PUBLIC AUCTIONS Mr. Ernest Harris of Sun TV appeared before the Council again on behalf of his request the Council consider an amendment to the section of the City Code which prohibits the conduct of public auctions except under certain conditions. The Council discussed the matter further, and it was agreed the City Attorney be in- structed to obtain information from the League of California Cities, including sample ordinances relating to public auctions for further consideration at a later meeting. COUNCILMAN SCOTTO Councilman Scotto enquired into the status of the fence which was to be constructed adjacent to the 12th District Fair Grounds and was informed that the matter has been discussed among the members of the Fair Board and the Chairman of the Board has indicated a proposed agreement will be submitted in the near future. Councilman Scotto questioned the type of pedestrian crossings which will be constructed over the freeway at Perkins and Gobbi Streets and was informed they will be located on the South side of Perkins St. and the north side of Gobbi St. Protective fencing will be constructed along the outer side of the bridge structure, but not along the curb line. The City Engineer pointed out that annexation proceedings are now in progress for the portion of Gobbi and Perkins Streets from the present City 'limits to Oak Manor Dr. FURTHER REVIEW OF 1964-65 BUDGET TO BE HELD FRIDAY~ JULY 17th Members of the Council agreed to continue study of the proposed Budget for 1964-65 on Friday, July 17th at 7:30 P.M. ADJOURNMENT As there was no further regular business, Mayor Banker declared the meeting adjourned at 10:24 P.M. ATTEST: bi IY CLEKK