HomeMy WebLinkAbout08/16/1965' Pledge
Roll Call
Present:
City Staff
REGULAR MEETING OF CITY COUNCIL
August 16, 1965 - 7:30 P.M.
CITY HALL
Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Wheichel
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. Flory, Superintendent of Parks & Recreation;
W. M. Houser, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief;
W. Schofield, Police Chief.
Approval of the minutes of August 2 and 10, 1965, was held over.
On motion of Councilman Miller, seconded by Councilman Blake, claims against the
City for the month of August, 1965, were approved subject to the approval of the
Administrative Officer.
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1. At this time the City Council considered the appointment of a member to the
Planning Commission to complete the term of Leonard Lenger, retired.
' Councilman Blake nominated Mr. Landeck for membership on the Planning
Commission.
On motion of Councilman Blake, seconded by Councilman Miller, Herbert
Landeck, Jr. was appointed to the Planning Commission to complete the term
of Leonard Lenger. Notion carried, Councilman Gallagher voting no.
2. Traffic Committee report of August 5, 1965.
65 -7 -1C At the suggestion of the Council, the Traffic Committee has met
with residents in and around Cuesta Drive and after considerable discussion,
feels that stop signs should be installed on Cerro Romauldo and on Felton
at Cuesta on a temporary basis, pending extension of Highland Drive. At
that time, we recommend that the stop signs stopping Cuesta traffic be phased
out,
65 -8 -6C In accordance with the Council's instructions, a questionnaire
was distributed to 19 property owners on Hathway, Motley and Slack Streets
regarding the proposed two hour time limits. Sixteen (16) questionnaires
were returned, with 11 property owners favoring the City's proposal, 4
property owners wishing no restriction, and 1 property owner making an
alternate suggestion that Cal Poly be asked to reduce parking rates for on
campus parking. On the basis of the questionnaire results and the previous
thinking, the Traffic Committee recommends that two hour time limits be
' installed, 8:00 A. M. to 5:00 P. M., Monday thru Friday. The Traffic
Committee also feels that the sign post should be moved to a location
approximately 12" inside the curb face rather than the present 24 ". This
is in recognition of the fact that the sidewalks are narrow (6' integral)
and also the fact that cars are not liable to be backing into the curb at an
angle as they do downtown. Therefore, there would be Less likelihood of a
car bumper snapping the sign post.
Dr. Perello appeared before the Council objecting to parking limits on
Slack Street.
City Council Minutes
August 16, 1965
Page 2
65 -8-3T The Traffic Committee again recommends the installation of a
red zone approximately 20 feet in length on the south side of Monterey
Street west of the Little Chef Restaurant. We feel that this will improve
visibility for pedestrians using the crosswalk and for passing motorists.
Councilman Spring objected to this recommended red zone as he feels it I
would serve no real purpose.
65 -8 -8C The Traffic Committee has taken a look at the request of the
E1 Toro Motel for a green zone in front of their office south of their
driveway ramp to accommodate guests who are registering at the motel. We
recommend that a 12 minute green space be installed at that location. This
is on the west side of Toro Street.
65 -8-9T It is recommended that a stop sign be placed on Pismo at Johnson,
stopping west bound traffic on Pismo. This will match the sign at the
opposite corner.
On motion of Councilman Gallagher, seconded by Councilman Spring, the
following resolution was introduced. Resolution No. 1468, a resolution
establishing stop signs on Cerro Romauldo, Felton, Pismo and Parking
restrictions on Hathway, Motley, Slack, Monterey and Toro.
Passed and adopted on the following roll call vote:
AYES: Frank Gallagher, Arthur F. Spring, Emmons Blake,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None ,
65 -8-7T The Traffic Committee has noted a hazard for southbound motorists
on Santa Rosa at Murray where the two lanes of traffic merge into one. We
recommend that the City Engineer be authorized to write the Division of
Highways asking them to install appropriate signs indicating the transition.
The City Engineer was authorized to proceed with the recommendation.
65- 8-10T. The Traffic Committee has studied the matter of truck routes
within the City of San Luis Obispo and feels that we have less need for
such routes than other communities, inasmuch as there is no overall through
truck traffic problem. We therefore recommend that an ordinance be intro-
duced eliminating all truck routes within the City.
The matter was referred to the City Attorney to prepare a resolution for
Council consideration.
3. The City Council discussed the recommended Underground Utility District
No. 1 with representatives of Pacific Gas & Electric and Pacific Telephone
and Telegraph Companies.
Planning Director Chapman stated that the City Council had passed an
ordinance providing for underground utilities and that the City staff
and utility representatives recommended that the first underground '
utility district be laid out and recommended that the block containing
the Mission Plaza be District No. 1.
Mr. Vince Verlod, Pacific Gas and Electric Co. representative, stated that
he agreed with the initiation of Underground Utility District No. 1. He
further urged that if the public utilities are required to go underground,
he feels that the City should also get cooperation from the property owners
so that the project could be completed within a reasonable time.
City Council Minutes
August 16, 1965
Page -3-
Lee Balatti, Pacific Telephone & Telegraph Company,
of the District and urged that the utility deadline
' the property owners' deadline be July 1, 1967, and
Monterey, Broad, Chorro and Higuera Street.
agreed with the formation
be December 31, 1967,
that boundaries be
Mayor Whelchel explained for the.benefit of the public the provisions of
Ordinance No. 306, an ordinance adding Chapter 4 of Article VIII of the
San Luis Obispo Municipal Code, providing for Underground Utilities, and also
establishes an underground service area.
on motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1467, a resolution calling a
public hearing to determine whether the public necessity, health or safety
require the removal of poles and overhead wires and associated overhead
structures from a particular area or areas within the City of San Luis Obispo,
the underground installation of wires and facilities for supplying electric,
communication, or similar or associated service in said area or areas, and
the creation of an underground utility district to accomplish such objectives.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Donald Q. Miller, Frank Gallagher,
Arthur F. Spring, Clell W. Whelchel
NOES: None
' ABSENT: None
5. Communication from Administrative Officer Miller regarding number and
location of school crossing guards. In part, the communication read as
follows-
"During the last school year we had eleven crossing guards.
If Mr. Romero's recommendations were followed, we would retain guards
at seven locations as follows:
1. Madonna at Oceanaire
2. Grand at Hays
3. Foothill at Broad
4. Foothill at Patricia
5. Laurel at Southwood
6. Higuera at Nipomo (since signals have not yet been installed)
7. Marsh at Nipomo (since signals have not yet been installed)
In addition, we would consider guards on an optional basis at two other
corners: Chorro at Mill and Broad at Upham.
We would eliminate guards at Monterey and Grand and at Broad and Pismo
(since a new signal should be completed at the latter porner by the time
school opens.)
1 If the Council has no objection, we will hire the seven guards as indicated
above and eliminate the guards at Monterey and Grand and at Broad and Pismo.
We would also like to request a decision by the Council on whether or not
we should retain the guards at Chorro and Mill and at Broad and Upham."
On motion of Councilman Gallagher, seconded by Councilman Blake, that the
recommendation of the City Engineer be accepted, including guards at Chorro
and Mill and at Broad and Upham. Motion carried.
City Council Minutes
August 16, 1965
Page -4-
7. The following communication was received from the Kiwanis Club:
"On Saturday, September 18, 1965, the San Luis Obispo Kiwanis Club is
planning a Western Days Program for the young people of the community.
We plan to feature: A pony stagecoach ride
A pony ride ,
A pop -corn and sno -cone stand
The funds raised from this activity are for the American Field Services
Student Exchange Program.
We request your permission to use the City Parking Lot on the.- Forner.of
Pacific and Chorro Streets: and to close "Chorro Street between Pacific and
Marsh Streets from 10:00 A.M. to 5:00 P.M. an Saturday, September 18, 1965.
With your permission we plan to have the stagecoach ride begin in the area
of Riley's parking lot on Chorro Street, travel along Chorro Street to
Marsh Street, turn north on Marsh to the driveway on the north side of
the Masonic Temple, turn east at this driveway and travel through the
City parking lot at the rear of the Masonic Temple to Chorro Street and
back to the starting point.
We have requested permission from Riley's Department Store for the use of
their parking lot on this day.
All members of the San Luis Obispo Kiwanis Club will be present during
the day to provide supervision and to police the activity. Adequate in-
surance coverage is maintained by the Club to cover any eventuality.
The grounds will be thoroughly cleaned following the program and policed I
by your members throughout the day.
We respectfully request your approval of our proposed plan."
The City Council questioned the advisability of closing Chorro Street
between Marsh and Pacific Streets on a busy Saturday morning.
Chief Schofield recommended that all parking be prohibited along Chorro
Street from Pacific to Marsh and no parking on Marsh Street from Chorro
to the City alley. . .
On motion of Councilman Gallagher, seconded by Councilman Spring, the re-
quest was approved for use of Lot #4 with the provision of prohibited
parking on Chorro and Marsh as recommended. Motion carried.
8. Communication from the Hoedowners Square Dance Club of San Luis Obispo
requesting permission to block off Garden Street between Higuera and Marsh
Street for a square dance demonstration.
On motion of Councilman Blake, seconded by Councilman Gallagher, the re-
quest was approved from 6:00 to 8:00 P.M., but not before 6:00 P.M. Motion
carried.
9. Communication from Mrs. Florence H. Norris requesting adjustment of a '
City water bill because of possible under- reading of bill.
On motion of Councilman Gallagher, seconded by Councilman Blake, the
request was denied. Motion carried.
6. At this time the City Council held a public hearing on Resolution 1460,
annexation of "Bullock Property No. 2 ".
The Planning Commission presented a communication recommending approval of
Bullock No. 2 Annexation.
City Council Minutes
August 161 1965
Page -5-
City Engineer Romero introduced the item explaining that the annexation
would take place entirely within the water service zone and would be
contiguous.
Mayor Whelchel declared the public hearing open.
No one appeared before the Council voicing comment, and therefore Mayor
Whelchel declared the public hearing closed.
On motion of Councilman Gallagher, seconded by Councilman Miller, the
following resolution was introduced. Resolution No. 1466, a resolution
approving the annexation of the Bullock Property No. 2 parcel.
Passed and adopted on the following roll call vote:
AYES: Frank Gallagher, Donald Q. Miller, Emmons Blake,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
10. Communication from Charles M. Baker, Tropicana Village, appealing the
decision of the Planning Commission in denying a use permit for a 4 ft. x
30 ft. identification name, "Tropicana Village, " which is attached on top
of the north side of their building.
' Planning Director Chapman stated that the Planning Commission desires to stay
within the ordinance, which limits signs to 15 square feet and not the
requested 190 square feet.
The City Council discussed the request of Tropicana Village.
On motion of Councilman Miller, seconded by Councilman Gallagher, the request
was approved and the sign was allowed. Motion carried, Councilman Spring
voting no.
11. Petition from property owners on Stafford and Fredericks Street requesting
abandonment of the paper street, Motley Avenue between Fredericks Street
and Stafford Street.
On motion of Councilman Miller, seconded by Councilman Blake, the matter
was referred to the Planning Commission for study and recommendation.
Notion carried.
12. Communication from the Economic Development Committee regarding the organiza-
tion of a County -wide Economic Development Commission.
Howard Newby, Chairman of the Economic Development Committee, explained the
purpose and goals of a County -wide Economic Development Agency.
' Mr. Newby continued that the request at this time was for the City to
appoint someone to represent the City on the steering committee to make
recommendations to all participants.
On motion of Councilman Miller, seconded by Councilman Blake, that Roger
Drinkwalter be appointed to the Economic Development Commission as the City
representative. Motion carried, Councilman Gallagher voting no.
U. On motion of Councilman Miller, seconded by Councilman Spring, the following
ordinance was introduced. Ordinance No. 318, the Tax Rate Ordinance.
Introduced and passed to print on the following roll call vote.:
City Council Minutes
August 16, 1965
Page -6-
AYES: Donald Q. Miller, Arthur F. Spring, Emmons Blake,
Frank Gallagher, Clell W. Whelchel
NOES: None
ABSENT: None ,
14. Report of the Superintendent of Streets on properties lacking standard
improvements where more than 50% of the block is already improve, was re-
ferred to the study session of August 23, 1965.
15. At this time the City Council considered the City's Non - Solicitation
Ordinance.
Section 4220.11 of the Municipal Code reads as follows::
"The entry in or upon private residential property or premises in the City
by solicitors, peddlers, hawkers, itinerant merchants or transient vendors
of merchandise without invitation or authorization of the occupant, or the
occupants, of such residential premises so to do for the purpose of solicit-
ing orders for any and all types of real or personal proeprty or for any
type of services or disposing of or peddling or hawking the same is de-
clared to be and hereby constitutes a public nuisance and a misdemeanor,
punishable as proved in this Code.
'Private residential premises' is defined as follows"
Any premises in the City whereupon any person is residing or living, in-
cluding private residence, hotel, motel, boarding house, rooming house,
apartment, flat, bungalow or motor court or multiple residential dwelling."
A. Communication from City Attorney Houser forwarding the following '
proposal regarding the Non - Solicitation Ordinance.
"The alternative approach to the problem is the enactment of an ordinance
providing strict controls for peddling and soliciting, which requires an
application, fingerprinting, and investigation to check the moral character
and criminal record of the applicant. Then a badge with a picture and
license, which must be worn, is issued and a bond is filed with the City
for the benefit of any resident who feels they have been cheated or de-
frauded. The costs of making the investigation and issuing the license are
paid for by the applicant, and usually eliminates the so- called fly-by -
nighters in that they cannot wait the approximate two week period.. for. coat-
pletion of the investigation. Also, this procedure enables local residents
who feel they have been defrauded to file an action through the City against
the bond."
Mr. Corn, representing Guaranteed Homes, stated that his firm operates by
contacting property owners to see if they would wish to build a new home
or rental property on their land. He stated that his firm had no objection
to being registered or investigated just so they can go door to door to
solicit business. He stated that this is the only way his company makes
contacts for business. He continued that his firm is reputable and does
a good job for the citizens of the town in upgrading their property.
Councilman Blake stated that he felt the present ordinance has worked very' '
favorable for the people and the City and felt any change might be disas-
terous for the City.
The City Council discussed the request of Mr. Corn to introduce an ordinance
allowing door to door solicitation in the City of San Luis Obispo.
Councilman Miller stated that he has never agreed with the Non - Solicitation
Ordinance and that the suggestion of the City Attorney to register all
solicitors was a good one and urged that the Council adopt some amendment
to allow soliciting.
City Council Minutes
August 16, 1965
Page -7-
On motion of Councilman Miller, seconded by Councilman Spring, that the
Mayor appoint a Council Committee to study this matter and make recommenda-
tions to the Council regarding the Non - Solicitation Ordinance. Motion
1 carried. Mayor Whelchel appointed Councilmen Miller and Blake to the
Council. Committee for study and recommendation to the full Council.
------------------ - - -- --
The meeting recessed at 9:40 P. M.
The meeting reconvened at 9:50 P. M., all Council members present.
18. The Chamber of Commerce requested a grant from the Council for $35.00 to
purchase 10,000 re -run on motel registration forms for the Visitors and
Convention Bureau.
The City Council discussed the proper method of granting funds to the Chamber
for City promotion and advertising, and also give the Staff guidance on
processing claims from the Chamber.
On motion of Mayor Whelchel, seconded by Councilman Gallagher, that $35.00
be allowed out of savings to date in the Visitors and Convention Fund.
Motion defeated on the following vote:
1 AYES: Clell W. Whelchel, Frank Gallagher
NOES: Donald Q. Miller, Emmons Blake, Arthur F. Spring
ABSENT: None
On motion of Councilman Miller, seconded by Councilman Blake, that the request
for $35.00 be denied. Motion carried.
17. City Engineer Romero reported that the survey for the utility extension on
Edna Road had been completed, that design was underway and should be
completed for presentation to the Council by September 20. He reminded the
Council that the design would not provide a connection line up Edna Road
to serve Young Brothers Market.
16. The City Council considered plans for widening Johnson Avenue between
Lizzie Street and the County property at General Hospital, all said land
having now been acquired by the City.
City Engineer Romero reported that this item be held over until the meeting
of August 23 when plans and specifications would be completed.
Item held over until August 23, 1965.
24. On motion of Councilman Miller, seconded by Councilman Spring, the following
ordinance was introduced for final passage. Ordinance No. 319, an ordinance
amending portions of the Municipal Code pertaining to business licenses
on vending and music machines.
Finally passed on the following roll call vote:
AYES: Donald Q. Miller, Arthur F. Spring, Emmons Blake,
Frank Gallagher, Clell W. Whelchel
NOES: None
ABSENT: None
9
City Council Minutes
August 16, 1965
Page -8-
25. On motion of Councilman Blake, seconded by Councilman Spring, the follow-
ing ordinance was introduced for final passage. Ordinance No. 320, an ordin-
ance.amending portions•of „the Municipal Code pertaining to.business licenses
for mechanical amusement devices. 'c'' "''
Finally passed.-on the..followiag_ roll "call vote':
AYES: Emmons Blake,`Arthur F. 'S priag;'Frank-Gallagher,
Donald Q. Miller, Clell W. Whelchel.
NOES: None
ABSENT: None
27. The following communication was received from Mr.'`Charles Lewelling
asking that he be allowed to transfer his card••ioom license from 676 Higuera
to 181931 Osos. Street.
.
"I would appreciate very -much"if 'you would grant' permission`to�-transfer
club room license 919657 from 676 Higuera St. to 1819' Osos St:-,' §LO_ `
The 1819k-'6sbi:Stieet ".property is owned by Charles Massena and managed by
his daughter, Mrs. Jack 'Cornwall:' Mrs.' Corniaa l_`state'd''that• if the- trans-
fer is granted she will remodel said' property ` td- meet- -all, safety 'and •health
requirements.
- ,-
I do Hope "the transfer will' ineet• 4ith the approval `of� all `concerned in
this matter."
Lloyd E. Somogyi, Attorney,..appeared before the Council on behalf of
Mr. Bill West, dba Westholmes'Enterp�rises, stating that'Mr:,Lewelling
acquired . the.license.wrongfully and that his client, Bill West, intends
to take Mr'.' I;ewelling` to court to find out-who righ•tfiilly owns the license.
Mr. Somogyi asked that the Council take no action until the court deter-
mines who owns the license. „ -
Mr. Lew elling explained "the background of.:his_ap.plication for a card room
license at 676 Higuera Street. , ``` " 11.1
On motion'of'-Councilman Miiler',•' seconded -by Councilman;Sp ='ing;:.thatrahe
liceris "e be allowed' t-o be- 'trarisfeired" to 181911' OsosP Str`ee£." '
Police Chief Schofield reminded `the' Council that lie -had' always been "again:
card room licenses and has so recommended 'to "the Cou'n'cil•; `'and 'would "again
urge that all card rooms in the City be ordered closed.
City Attorney Houser explained the City's procedure for issuing card•'room
licenses as follows: That the full- name-of'•the applicant4nd' licensee wa:
required in the application in order to enable the Council to investigate
the app'1'icant's background before issuing•the •license. _The.tonly_p- eirson wt
can hold''th'e' `license previously 16sued by the Council is' AL -Levelling
until the Council approves of the,transferee. In the event a court deter-
mines that someone other than Mr.`Leweliing'owaes the'-1 cease;'-'then '.the
Council would still have the right to decide whether or not they would
approve'of "tti ' t ansf'e to the other- owner.:.
Motion carried:
X. Mrs. Arsenio appeared before the Council regarding the uprising and riot
in Los Angeles during the' past week,and was -wo'nderidg if: -thd City of San Luis
Obispo was prepared to protect the people of the City, both white and negro
citizens:r--She'wondered`if'all avenues =o -f' communication were-open to all the
citizens of the City in'order to control any'problems'that may arise.
1
1
City Council Minutes
August 16, 1965
Page -9-
William Schofield, Police Chief, stated that he felt he was on top of the
situation and that he is calling a meeting of the Human Relations Commission
' to consider any problems that may arise and further, he is meeting with all
County law enforcement officers for mutual help and counsel on these matters.
Garnet Hopkins, member of the Human Relations Commission, stated he felt
that the negro population of San Luis Obispo are of a pacifist mood and was
sure they would allow the City to handle their problems, particularly since
there are avenues of communication open between the negro and white citizens
of the City. He stated this is not to say that there are no problems in
San Luis Obispo, because there are problems, particularly in the.field of
housing, but he was sure that these problems too would pass, but stated that
if any problems did arise, he was sure it would come from outside agitation,
Mr. John Anderson, President of the Fair Play Council, stated he was aware
of the problems in the community and was doing all he could to help avoid
any racial conflict in the City. Further, he stated that there are problems
in the negro community and hoped that the whole community, white and black,
could get together and solve our problems within our own community.
Y. Mr. Axman, A & M Cab Company, appeared before the Council to ask that the
Council consider extending the deadline for having the cab meters comply
with the City ordinance to include 25% sur- charge over meter rate for out of
town trips.
Councilman Sprint; asked if the City has the right to set rates for trips
outside the City. He stated he felt that the Council should only control
rates within the City and its environs.
Mayor Whelchel stated he agreed with Mr. Spring that the City should not set
rates outside the City and suggested that the Council set a public hearing
'to consider amending the ordinance to eliminate control over out of town
rates.
Mr. Axman, A & M Cab Company, appeared before the Council and explained the
installation of the cab meter in the A & M Cab Company cabs. He stated that
apparently he misread or misunderstood the City ordinance and therefore did
not set up his meters properly. He then asked that the City Council eliminate
the requirement of adding 25% on all trips out of town. He listed reasons
why he felt that the 25% was too high and was costing him customers and re-
venues.
On motion of Mayor Whelchel, seconded by Councilman Spring, that a hearing
be set for September 7, 1965 for amending cab rates and order making meters
comply to the ordinance be held in abeyance.
Motion carried.
19. J. H. Fitzpatrick, City Clerk, reported on bids received on the Grand - Mill
Street Sewer Line Project as follows:
1 West Coast Construction Co., Inc. $59794.20
W. M. Lyles Company 6,297.80
McBride's Plumbing & Sheet Metal, Inc. 79204.70
City Engineer Romero explained the reasons for high bids and recommended
that all bids be rejected and that the City re -bid in the spring of 1966.
On motion of Councilman Miller., seconded by Councilman Spring, the low bid
was accepted and warded to West Coast Construction Company. Motion carried.
City Council Minutes
August 16, 1965
Page -10=
20. City Clerk Fitzpatrick - reported on bids received for storm drain project -
Beebee -and South Streets. They were as follows:
We st•'Coast'Construction- Company. $48,698:50
_
.'R. McGray _ .51;397:95.`. .. ,.,:•
-W: M: Lyles Company .. :.; ... - - 55 204 :15.; :
... 1-Burke ;Construction Company-,-..: _ _- = .- 72;745.60.,
Madonna Construction Company 882824.00
'City' Engine =:Romero: recommended the. low =bid of -...West, Coasi. COnsiiii6 idn
Company'- be,-'accepted; _. ., ..
On motion of Councilman-, Blake,- ,Blake, Gallagher,,.the. low
bid'• was' accepted .andicontract:awarded.to..West Cd°ast''Constiuctfon. Company.
: -. °Motion carried:
21. City Clerk Fitzpatrick reported on bids received for one fluoride -
- feeder for-the Water.Filtration'Plant. °The- bid.,received. was_ as follows:
Wallace t & Tiernan; Inc:.. ..$-1,096.00:,,,.: ;,..
On motion of -, Councilman -. Miller;: seconded;. by,Councilman.Gallagher,;.,the. bid
was accepted and awarded to Wallace & Tiernan, Inc. Motion earned.
22•.-' City_ Engineer_ Romero, exp.iaine.d.._to . the. City „Council.. )the, history. ;of the
.,:,recirculating:-pumps and' the need-for major repair at -this time. :;: . .
City Attorney Houser explained that due to the amount involved,- this item
- ,lmust:te put: out,.to- ,public. bid.:,. -, :• •.
On motion of Councilman Gallagher, seconded by.Councilman Miller, author-
,
ization was given to call for bids for reconstruction of three pumps and
rehabilitation••of .five (5): valves at the;,Sewer ;Plant.,:;. Motion,,carried-.
'23.,-, On motion of Councilman Blake; seconded by, Councilman .Miller.,, the':• i
following ordinance was introduced. Ordinance No. 321, an ordinance.:-amend-
ing Ordinance No. 317, amending Section 9100.8.8 of the Municipal Coe -
additional••co'ntrols on,subdivisons_:
- -' •Introduced and•:passed to;.print on.the; following roll call vote.:
., ..... -
AYES:., Emmons - Blake, Donald Q.. Miller, ,F rank Gallagher,.
•. Arthur, F.._ Spring, -.g1e11.:W. Whel6hel•:, ... .
NOES: None
ABSENT: -; None - _
26. On motion of Councilman Miller, seconded by Councilman.Gallaghei, the
following Grant Deeds and Street Widening Agreements were_•accepte,d_ and the
Mayor was authorized to sign said Agreements on behalf of the City and have
::,.:. • the :'Grant Deeds ..recorded::;; Motion. carried.. - ••. __.. • .
Street Widening on Johnson Avenue
J. E. Barrett :r .. •.
Burt Polin and Josephine.Polin
..:,.Street. Widening on !Ferrini Road :.. :.: ,,. :, ...., ;_ .•..,_,. ..;, , _
James C. Farrar and Elizabeth Farrar
::Hilma.. Sathre .. , :.:.:...: ::• : f ; .
City Council Minutes
August 16, 1965
Page -11-
4. Communication from J. B. Taylor, forwarding bill for field and engineering
services for determining the amount of damage to his property as a result
1 of the Rockview Place street grade change.
A. Communication from J. B. Taylor forwarding a series of pictures
regarding his driveway problem at 3101 Rockview Place.
The matter was referred to the City Council for study with the City
Attorney.
Pursuant to the State Constitution, prohibiting deprivation of property,
the courts have ruled that any substantial interference of the access rights
of an adjacent property owner by a change of the natural or official grade
of a street results in liability under the theory of inverse condemnation.
The City Engineer's Office has reviewed the cost of lowering Mr. Taylor's
driveway, and stated that the claim is reasonable. Mr. Taylor further
agreed to install complete curb, gutter and sidewalk improvements on his
property as a part of his settlement.
in order to avoid this liability in the future, the Council should follow
the State law in holding hearings whenever a change of official or natural
grade is involved, which procedures require the property owner to file
protests and claims of damages at a public hearing, or he is deemed to have
waived any claim to damage. In this manner, the Council will be able to
determine before doing the work the extent of compensation that will have
to be paid.
' Also, any street work or curb,gutter and sidewalk work can be done by
assessment district proceedings, which make the cost of the street work
and up to $200 of the cost of correcting any driveway a lien on the property
benefited.
In cooperation with the Public Works Department, all curb, gutter and
sidewalk permits will contain a provision that the property owner will do
any access corrective work at the owner's cost and expense.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the
City approve payment of the $750.00 claim to J. B. Taylor upon execution
by Mr. Taylor of full release documents for the parcels on both sides of
the street. Motion carried.
28. On motion of Councilman Blake, seconded by Councilman Miller, the meeting
adjourned at 11:55 P. M. to 7:30 P. M., Monday, August 23, 1965. Motion
carried.
APPROVED: September 7, 1965
ZGH'. FITZPATRICK, CITY CLERK
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