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1969/03/17 City Council MinutesRAT PARK CITY COUNCIL MINUTES March 17, 1969 The 'Council of the City of Rohnert Park met this date in regular session commencing at 7 :15 p.m., in the City Offices. 435'Southwest Boulevard, Rohnert `Park, with Mayor Roberts presiding. This meeting was preceded by a brief executive session, to discuss possible appointments to the'Reoreation, - Cultural Arts and Model City Commissions. Call to Order Mayor Roberts called' the meeting of the regular session to order at appradmately 7915p,m. Roll call Present: (4) Councilmen Hopkins, Rogers, Smith & Roberts Absent (0) None Late: (1) Councilman Buchanan (his time of arrival is noted in the minutes). Staff Present: City Manager Callinan, City Attorney Maxwell, County Planner Jeff Hulse, Bond Counsel Philip Assaf Approval of Minutes Upon motion by Councilman Rogers, seconded by Councilman Smith, and unanimously approved, the minutes of Maroh 3 and March 7, 1969; were approved as submitted. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Rogers and unanimously approved, the bills presented for approval were approved. Sonoma County - Santa It was the decision of the Council that Councilman Hopkins Rosa Planning Com- represent the,City of Rohnert Park at the annual dinner of mission Meeting the Sonoma County -Santa Rosa Planning Commissions to be held on March 209, 1969 at the Los Robles Lodge in Santa Rosa. Rohnert Park Express- Upon motion by Councilman Smith, seconded by Councilman way Rogers, and unanimously approved, the Council reaffirmed its position that the extension of the Rohnert Park Express - way into the County jurisdiction be named the Rohnert Park Expressway and that the County be advised that it was the City's intention to name the extension of the Rohnert Park Expressway on the west side of the freeway within the Rohnert Park city limits, the Rohnert Park Expressway. Recreation Commission Councilman Rogers advised that appointments to the Reorea -- tion Commission had been discussed during the Executive Session. Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and unanimously approved., Mr. Mike Crowley, 3725 Sonoma Avenue, Santa Rosa, was appointed to the Recreation Commission as the representative of Sonoma State College. Ordinance No. 115 All OR =ANCE AMMMING ORDINANCE NO. 86 (Cultuzmsl Arts Commission) Ma=h 17* 1969 • I ..• it 0 . . it .. IY: • ... : F.i� ::: •,.. . It :• IY :..: • • f ' .. 1'�1; ' : " " f � `L, :., iii - . 4 ISk : !'; ;h; r ► • f It:• t i � _ • 1• u : ♦ ;, • • �. ;, a • • ,. • � • a Y ♦. : tlx:. ::.. Tt File No. 0117 - Bart Mitchell March 179 1969 Page -3- Councilman Smith asked that the record show that he objected to the parking facilities proposed by the applicant because of inadequate screening. Upon motion by Councilman Rogers, seconded by Councilman Hopkins, and approved by the following voice vote, the Council granted architectural approval of the proposed development, and made the necessary findings and granted a variance to the covered parking requirement of the zoning ordinance, and also advised that the applicant to use due control in roviding adequate screening of a faoili- tiesi Ayes (p3) Hopkins, Rogers & Roberts No-es (2 ) Smith & Buchanan. City Manager Callinan reviewed Mr. Bart Mitchell's applica- tion for a zoning change from R -2 to 16Z -1500 of two lots on Arlen Drive and his application for variances to permit the construction of a six -pleu thereon in accordance with a plot plan and elevation plan submitted. Councilman Rogers abstained from discussion and voting on this matter due to a declared conflict of interest. City Manager Callinan advised the Council that the Sub - division 1 -A deed restriction restricted the building of anything larger than duplexes on the lots under discussion, and although, according to City Attorney Maxwell, the City is not bound by deed restrictions in granting zoning changes he felt, the Council should be aware of them. There was a brief discussion between the Council, City Attorney Maxwell and Mr. Mitchell, regarding the deed restrictions on the lots. - Ordinance No. 117 AN ORDINANCE AMENDING ORDINANCE NO. 63 (Zoning Map Change Arlen Drive at Commerce Boulevard) City Manager Callinan reviewed the above ordinance. Upon motion by Councilman Buchanan, seconded by Councilman Smith, and unanimously approved, with Councilman Rogers abstaining, the reading of Ordinance No. 117 was waived and said ordinance adopted. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, with Councilman Rogers abstaining, the Council made the necessary findings and granted Mr. Mitchell's request for variances from the City's zoning regulations for rear yard set -back and off - street parking requirements to permit the construction of a six - plex apartment on Arlen Drive in accordance with the eleva- tion and plot plan submitted. File No. 0119 City Manager Callinan reviewed Mr. Everett Giffin's applica- Giffin tion for zoning change from "A" Agricultural to "EK 1500" of Assessor's Parcels Nos. 143- 310 -22 and 25 to permit the construction of a mobile home park on Snyder Iona north of Hinebaugh Creek. The City Manager advised that notices of March 17, 1969 Page m4 Mrs. Light, County resident on Snyder bane, was present and asked the Council if residents outside the City limits would be permitted to eonneot to the City hater and sewer facilities. Mrs. Light was advised by the Council that these facilities were provided for City residents only, although Councilman Smith indicated a review of this policy might be in order, W— V• 1 ", V .=I viALl "'4AUI%,O=A a. uu v VLL" .. °aMV= aiv. 6� %"V,9" JK *J1 vVIAMUp�v�° Snyder Lane) City Attorney Maxwell summarized the above ordinance. Upon motion by Councilman Rogers, seconded by Councilman Buchanan, and unanimously approved, the reading of Ordin- anoe Ho. 118 was waived and said ordinance was introduced. File No. 0120 City Manager Callinan reviewed Mr. Paul GolisI application for a use permit to construct a "Mr. Swiss" drive -in res' taurant on Southwest Boulevard. He advised that a public hearing had been set on the proposed use permit application A &U—A. .LS I—A 'L.. ...e i oa 1_ _�._. s... c°ana US&OU i1V V.LUW7 &WAX UVOIS UM.LLISU 4V ,VX -VJVW4 UjV VWu®L-0 LS! the area. Paul Golis Public Mayor Roberts declared open the scheduled public hearing Hearing on the application for a use permit to construct a "Mr. Swiss" drive -in restaurant on Southwest Boulevard. fte planning staff report was read. Mr. Jack Anderson,' Burton Avenue resident, expressed his feelings against restaurants all along Southwest Boulevard. There being no one else wishing to be heard and no written protests filed, the public hearing was declared closed., Mr. Denningo representative of Mr. Paul Golis, was present Mobile Home Parks Sonoma County Planner Hulse presented the Council with a brochure illustrating a mobile home park in Sonoma similar to the one proposed by Mr. Giffin on Snyder Lane. Parking Facilities Mr. Hulse also pointed out to the Council that the City's for Drive -ins Zoning ordinance does not include parking requirements for drive -in restaurants. Upon motion by Councilman Smith, seconded by Council—wou? Buchanan, and unanimously approved, the planning staff was March 179 1969 Page -5- and discussed with the Council the arohiteotural design and origin of "Mr. Swiss ". Councilman Smith expressed his objections to the free - standing sign proposed for the Mr. Swiss development. Upon motion by Councilman Smith, seconded by Councilman Hopkins, and unanimously approved, with Councilman Buchanan absta.in'ng, a use permit for the development of a "Mr. Swiss" drive -in restaurant on Southwest Boulevard was grant - ed to Mr. Golis, subject to the following conditions: 1. That a shake roof be installed on the building; 2. Any signs would have to be a part of the building; 3. That the free standing sign shown in the plot plan would not be allowed; and 4 That Council approval would be required for the final approval of the design and position of the sign, and also the site and landscape plans. Arthur Avenue City Manager Callinau advised that the City had been con - Renaming tatted by Post office officials expressing their concern over the fact that there was an Arthur Avenue in Cotati and in Rohnert Park which would confuse not only mail de- livery, but visitors alike. Mayor Roberts suggested that Rohnert Park's Arthur Avenue be changed to Avram Avenue. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the City Attorney was directed to prepare an appropriate resolution changing Arthur Avenue in Rohnert Park to Avram Avenue. Washburn Zoning City Manager Callinan informed the Council that Mrs. Wash: Violation burn of 271 Arlen Drive, was in violation of the City's zoning ordinance for failing to obtain the necessary variances from the City before sealing off her garage door. The City Manager asked for the Council's feelings as to how strict the City staff should be with violations of the City's codes of this nature. After a brief discussion it was the decision of the Council that since Mrs. Washburn was a tenant, that the matter be taken up with the owner of the property. Mobile Home Parks Sonoma County Planner Hulse presented the Council with a brochure illustrating a mobile home park in Sonoma similar to the one proposed by Mr. Giffin on Snyder Lane. Parking Facilities Mr. Hulse also pointed out to the Council that the City's for Drive -ins Zoning ordinance does not include parking requirements for drive -in restaurants. Upon motion by Councilman Smith, seconded by Council—wou? Buchanan, and unanimously approved, the planning staff was Project No. 1961 ®1 Resolution No. 69-25 Recess Reconvene Project No. 1968 -1 March : -: 969 r directed i prepare • : necessary amendment to the Zoning Ordinance f• drive-in ;n parking requirements for approval by • "• The City Manager advised that a public hearing had been set can the proposed amendment of assessment No. 5.3-5-6.2 of Project No. 1961 -1 and that notice of the hearing had been published. He then explained the amended assessment. Mayor Roberts declared open the scheduled public hearing on the amended assessment; Project No. 19611; Assessment No. 5.3- 5-6.2. There being no one wishing to be heard and no written protests filed, the public hearing was declared closed. City Manager Callinan summarized the resolution. Upon motion by Councilman Smith, seconded by Councilman Buchanan, and unanimously approved, the reading of Resolu- tion No. 69-25 was waived, and said resolution was adopted, Mayor Roberts declared a five minute recess at approximatel; 8340 p.me mayor itooerzs reconvenea Tne mee -ving wig aju vounci e present. The time being approximately 9 :05 p.m. City Manager Cailinan gave an up to date report on the progress of Project No 1968 -•1, Coddingland, Unit 1 Assess- ment District. City manager Vallinan also advisea that the vity v nvv a.n a position to award a contract at this time because the City had no bidders on the bonds for the project. Mayor Roberts announced that this was the time and place of heaving on the Engineer's Report,and Resolution of Inten- tion No. 68 -.45. Written protests received from Paul Golis for A.J. Anderson and Chris and Emily Knudtsen were read by City Manager Callinan, considered by the Counoil, and ordered filed. The Mayor asked if there was anyone present desiring to be heard and all present wishing to speak were given the opportunity. lifter full consideration of all written and oral oomments, the hearing was continued to .April 7v 1969 at 7 :30 p.m. March 17, 1969 page -7- Mr. Hugh Codding was present and stated that although he hadn't requested them he felt that there was justification for 1915 Act proceedings and that if the City dial not feel that the interchange is necessary at this time then the Council could delay the frontage road project for three or four years, and that unless he, Mr. Codding, had the full vote of the Council that the majority of the property own - ers would drop the proceedings. Mr. James Groom was pre- sent, and agreed with Mr. Coddings feelings concerning the importance of the project to the`oommunity. The Council indicated that they too felt the project was extremely important. Boy's Baseball City Manager Callinan advised that the Recreation Commission had reviewed Mr. Dick Driggs request for a subsidy for the Boys' Baseball Program, and the Commission was recommend- ing that the Council approve a total subsidy of $10200 to the Boys' Baseball Program and the Rohnert Park team entered in the Santa Rosa Joe D3Maggio League. A lengthy discussion was held between the Council, City Manager Callinan and Mr.. Driggs regarding the increase in boys' baseball teams, and the uses for the $1,200.00. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the Council approved an appropriation of $1,200 to the Boys' Baseball Program and Colt Team in the Joe DiMaggio League with any funds given to the Boys' Baseball Program supervised by Mr. Driggs to be reimbursed to the City at the end of the baseball sea- son and the disbursement of said appropriation to be con - trolled by the City Manager. Upon motion by Councilman Smith, seconded by Councilman Rogers, and unanimously approved the Council asked that an itemized accounting of the funds spent for the Boys' Base - ball Program be made available to the Council at the end of the season. Swim Meet booths City Manager Callinan'reviewed the Council's decision on July it 1968 that at the time the Council issue to the Sting Rays exclusive use of the pool for periods of time that the pool is not open to the public, then they will also decide whether to grant exclusive or non - exclusive rights to booths. Upon motion by Councilman Buchanan, seconded by Councilman Rogers, and unanimously approved, the Council granted to the Sting Rays exclusive rights to booth use at their swim meets on March 22 and 23 and April 26 and 27, 1969- Model City Commis- City Manager Callinan reminded the Council of the Model sion City Commission meeting with Sonoma State College students scheduled for Thursday night, March 209 1969 at 8 :00 p.m. Mayor March 17, 1969 P -8- Project 1968-3-Cope. City Manager Callinan gave an up to date report on Project land Creek 1968 -3, Copeland Creek Improvement. He presented a bill from Carl J. Woods in the amount of $959 ®50 for work done in the downstream area of the project. pon motion by Comai"Iman Bcac' , seconded by Councilman Rogers and unanimously approved, Carl J. Woods' bill in the amount of $959.50 was approved for payment. Mr. Callinan also advised the Council of a bill in the amount of $7276.737 :-L=m Carl J. Woods for emergency work completed upstream at the Copeland Creek bridge on Snyder Lane, but i u was the opinion of rue City .engineer and City Attorney that the emergency work necessitated by the recent storms should not be paid for by the City and that the matter is being discussed with Mr. Woods. Community & Reorea,- City Manager Callinan gave an up>to date progress report tion Center on the construction of the Community & Recreation Center, advising the Council that clean -up work remained to be done by the contractor, and that finish grading of the site was the only major item uncompleted. City Manager Callinan presented Progress Payment #6 in the amount of $17019-00 to James Construction for work completed. Upon motion by Councilmen Rogers. seconded by Councilman Buohanan and unanimously approved, the Council authorized payment of Progress Payment No. 6 to James Construction in the amount of $17019.000 City Attorney's City Attorney Maxwell gave a brief up to date verbal report Report on the Siri Lawsuit relative to the Expressway Project; the Expressway- Interchange right-of way lawsuit with Spivook Company which was now before the judge for decision; pro- gress on obtaining Copeland Creek rights of way; Spivook Company's request for City's justification of requesting Capital Outlay Recreation islands; non - profit corporation by- laws for Cultural Arts Commission; the Southwest Boulevard 'Grade Crossing Aimlication which is now in the h ncia of *hA PUO Examiner; and the agreement being redrafted between the City and State,and,/or County regarding planned free- way interchange. Mayor