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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1989-12-19 528 12/19/89 City Council, Regular Meeting Council Chambers Redding, California December 19, 1989 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The meeting was called to order by Mayor Carter with the following Council Members present: Buffum, Dahl, Fulton, Johannessen, and Carter. Also present were City Manager Christofferson, City Attorney Hays, Director of Planning and Community Development Perry, Director of Public Works Galusha, Chief of Police Blankenship, Assistant City Attorney Schouten, Senior Planner Keaney, Airports Director Ruff, Communications Specialist Teach, City Clerk Nichols, and Secretary to the City Council Moscatello. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Adjourned Regular Meeting of November 28, 1989 Regular Meeting of December 5, 1989 Approval of Payroll and Accounts Payable Register (A-050-100-500) Recommend that Accounts Payable Register No. 11, check numbers 151091 through 151470 inclusive, in the amount of $1,603,518.11, be approved and paid, and Payroll Register No. 12, check numbers 288705 through 289438 inclusive, in the amount of $718,074.26, and Automatic Payroll Deposits in the amount of $149,341.96, for the period November 26, 1989, through December 09, 1989, be approved. TOTAL: $2,470,934.33 Treasurer's Report - November 1989 (A-050-100-600) Total Treasurer's Accountability - $25,341,995.25 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $148,428,687.40 Riverfront Property Master Planning (G-100 & C-070-010-020 & C-070-025 & P-050-100 & P-050-270) It is the recommendation of the Planning Director that a gift in the amount of $50,000 be accepted from the McConnell Foundation to be utilized for the development of a master plan for utilization of public riverfront property known as Turtle Bay, Benton Ranch, and Caldwell and Lake Redding Parks with the stipulation that an arboretum be considered in the master plan for the Riverfront Park. It is also recommended that staff be directed to prepare a request for proposals for a consultant to prepare the master plan. Gift Shop - Redding Municipal Airport (A-090-100) It is the recommendation of the Airports Director that a request for proposal for a gift shop concession within the Redding Municipal Airport passenger terminal be issued to interested parties. Resolution - Budget Transfer re Bid Schedule No. 2126, Foothill Boulevard Curb, Gutter, and Sidewalk * (B-130-070 & B-050-020 & S-070-100) 529 12/19/89 It is the recommendation of the Public Works Director that Resolution No. 89-463 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 23rd Amendment to the City Budget Resolution No. 89-286 transferring $6,700 for the completion of Bid Schedule No. 2126 (Job No. 9954), the Foothill Boulevard Curb, Gutter, and Sidewalk project. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution Number 89-463 is on file in the office of the City Clerk. - - - - - PUBLIC HEARING - re Appeal of UP-82-89, by Jay DeCima (1777 Market Street) (L-010-390) The hour of 7:00 P.M., having arrived, Mayor Carter opened the public hearing regarding the Appeal of UP-82-89. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated December 14, 1989 Planning and Community Development Director Perry reported that the Planning Commission unanimously recommended to deny the Appeal of UP- 82-89, a request to allow a young adult dance club, and uphold the use permit subject to two additional conditions. Condition No. 11 was added to address noise from the music system transmitting through the windows and impacting residents in the hotel, and Condition No. 12 requires that access to the club be located on the east side of the building. Mr. Perry conveyed that the key issue is loitering, the distance of the club from parking, and adjoining land use. He stated that the request is distinct from prior teen clubs. There will be a minimum of twelve security guards, and if the dance club is not property controlled, the use permit will be withdrawn. Jay DeCima, P.O. Box 3039, Redding, stated that the intent of the appeal is to protect his property interest. Mr. DeCima explained that he owns the Redding Hotel which is near the proposed site, and there are 65 senior tenants living in the hotel for whom he is also appealing. He opined that a dance club in the downtown area will not work well. He explained that he is not opposed to the concept, he is opposed to the location. Mr. DeCima noted that Mr. Flanagan and Mr. Jacobs received a letter of commendation from Mr. Campbell of the Shasta County Fairgrounds regarding the dances held at the fairgrounds. He said he has talked with Mr. Campbell who conveyed that there were disturbances and complaints about the noise which resulted in the sound being turned down. He added that old buildings do not have sound dampening characteristics, and the dance is in conflict with the seniors' lifestyle. 530 12/19/89 Mr. DeCima said he has 30 signatures from tenants protesting the dance club. He conveyed that he is not concerned about what happens inside the building, but what happens outside. He said there will be loitering in the parking lots and uncontrolled parties. Mr. DeCima noted that the landlord of 1777 Market Street required six month's rent upfront, and he commented that other dance clubs in the Downtown Area did not last two months. Noting that approving the use permit for less than six months was suggested, he questioned why the applicants would want to invest in improvements for less than six months. He stated that he would not even want to invest money for six months. Noting that Mr. DeCima obtained 30 tenant's signatures opposed to the dance club, Council Member Fulton asked how the remaining tenants feel about the dance club. Mr. DeCima conveyed that the other tenants were afraid to sign and did not want to get involved. Mr. DeCima asked if the dance club could be shut down before the end of the six month period if it does not work out. City Attorney Hays stated that if it was ascertained that the conditions of the use permit were not being met, the club could be shut down. Mr. Perry explained that the revocation of the use permit would go before the Planning Commission for a public hearing, and the applicant would have the right to appeal to the City Council. Mike Flanagan, 1517 Magnolia Street, stated that the issue has been thoroughly discussed at the Board of Administrative Review and the Planning Commission meetings. Mr. Flanagan welcomed any questions from Council. Council Member Fulton asked why security was increased. Mr. Flanagan explained that he and Mr. Jacobs decided that twelve security guards would be the best investment. He explained that you have to spend money to make money; and although they were only asked to have four guards, it was their idea to have twelve guards. Council Member Johannessen asked if the applicants have any problem with the additional recommendations of the Planning Commission. Mr. Flanagan responded no, they want to work as a team with the City of Redding. Council Member Johannessen noted that the memorandum dated December 8, 1989 from the Police Department also recommended twelve guards. He asked if the security guards would be licensed. Mr. Flanagan conveyed that they would like to hire off duty and retired police officers for security. David Jacobs, 1517 Magnolia Street, stated that they would like to provide alternative entertainment for young adults. Mr. Jacobs explained that their goal is to open the club by late January. He offered to answer any questions from Council. Russell Hunt, 2058 Sonoma Street, stated that the appeal is not justified and should be denied. Mr. Hunt said the owners of the club have gone out of their way to provide adequate security. Judy Hall, 280 Hemsted, stated that she is representing Mr. Andrews and Mr. Johnson, owners of 1777 Market Street. Ms. Hall conveyed that the owners shared some of the same concerns as Mr. DeCima. She noted that Andrews and Johnson have been reluctant to rent to a dance club; however, they are confident that Jacobs and Flanagan have a well thought out plan. She pointed out that the requirements are very strict, and all improvements will be made by the applicant. 531 12/19/89 Dave Ledger, 745 Christine Avenue, expressed his support for Mr. Jacobs and Mr. Flanagan. Mr. Ledger pointed out that there are problems with any club. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Dahl concurred with the recommendation of the Planning Commission to deny the appeal. He pointed out that Council did not set policy regarding teen dance clubs in downtown area. Mr. Jacobs and Mr. Flanagan have met stringent conditions to open up the club, and they should be able to pursue their business. He added that whether or not a business is going to be economically feasible should not be the basis for approval. There are very few things to do in this community for young adults, and the dance club will offer a drug and alcohol free alternative on weekends. Council Member Johannessen stated that it is not a question of whether Council should or should not support the dance club. It is a question of what Council is going to do with the downtown area. He noted that Council is trying to improve the area, and it is Council's responsibility to reformulate the viability of the downtown area. He added that the downtown area is not an appropriate area for the dance club. He reiterated that having a non-alcoholic dance club is good; however, his concern is the downtown area. Council Member Buffum explained that she is very sensitive to this issue because she operates a business in the area. She conveyed that while on the Planning Commission, she approved three to four dance clubs around town, and in every case they failed. However, there is not a place for young adults to meet. She pointed out that the downtown area location is chosen because it offers the cheapest rent. Council Member Buffum opined that teen dances do not belong downtown because they add to the "cruise" problems. She recommended that Council deny the appeal and support the use permit, and review the dance club in three months. Mayor Carter noted that the dance club will be closely scrutinized. He expressed hope that Mr. Jacobs and Mr. Flanagan will be able to control the parking and loitering problems. He pointed out that 97% of the people who attend will be positive; however, there are the 3% outlaws that Mr. Jacobs and Mr. Flanagan will have to be prepared for. Mayor Carter agreed that the use permit should be approved. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, to deny the Appeal of UP-82-89, and direct the Chief of Police to submit a 90-day review on the dance club to Council. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, and Carter Noes: Council Members - Johannessen Absent: Council Members - None CITY COUNCIL COMMITTEE - re Union 76 Truck Stop (B-080-650 & W-020-500) Council Member Dahl noted that the Shasta County Board of Supervisors selected a committee of two, comprised of Supervisors Sullivan and Peters, to meet with representatives of City Council to discuss sewer service outside the City limits at the Union 76 Truck Stop on I-5 and Knighton Road. Council Member Dahl stated that he would like to serve on the committee. Mayor Carter stated that he would also like to serve. He conveyed that this issue has to be resolved. 532 12/19/89 Council Member Johannessen pointed out that there does not seem to be much room to negotiate. Council Member Fulton asked why Council is concerned with the Union 76 Truck Stop. He questioned if Council would be interested if the City was not placing a ball park in the area. Mayor Carter indicated that this issue was under discussion long before the decision was made to locate the ball park in this area. Council Member Dahl pointed out that, although the truck stop is in the County, it is an industry that impacts the City of Redding, too. He conveyed that the owners would like to expand the truck stop. Mayor Carter added that the truck stop is a revenue generator for the County, and the truck stop may have to expand somewhere else if the sewer problem is not resolved. Council Member Johannessen stated that the question is who should pay for the sewer. The County has two options, one is to become part of the Stillwater Plant and form an assessment district, and the second is to build its own sewage treatment plant. He emphasized that it is the County, not the City, that wants to develop the area. MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, to appoint Mayor Carter and Council Member Dahl to meet in committee with Shasta County regarding sewer service to the Union 76 Truck Stop on I-5 and Knighton Road. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 8:04 p.m., Mayor Carter declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: ___________________________________ City Clerk