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HomeMy WebLinkAbout2003-04-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 1,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 1,2003,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Eck gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Milkey led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Library Director Pam Loui Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 1 OF 11 Interim Assistant City Manager/Assistant to the . City Manager Bryant Powell Others Present:Police Sergeant Gary Elkins Associate Planner Steve Abraham ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT APPROVAL BE GIVEN FOR THE "FOOD FOR FINES"PROGRAM,MAY 1 THROUGH MAY 31, 2003,AT THE APACHE JUNCTION PUBLIC LIBRARY;AND THAT THE AWARD OF BID FOR ONE VEHICLE USING THE STATE OF ARIZONA PURCHASING CONTRACT BE AWARDED TO BILL LUKE DODGE FOR ONE 2003 JEEP LIBERTY SPORT FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $22,660.60,INCLUDING TAX;AND THAT THE AWARD OF BID FOR PW 2003-07,A 7 -PASSENGER MINI -VAN FOR THE LIBRARY BE AWARDED TO MESA IMPORTS DBA HONDA CARS OF MESA IN THE AMOUNT OF $27.078.15, INCLUDING TAX. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Sergeant Gary Elkins gave a powerpoint presentation and update on the past achievements,current projects and future goals of the Animal Control Section. He commented on the small staff and their building being in need of repair. He briefed them on trends in care,marketing,physical improvements, partnerships,revenue development,long range planning and upcoming events. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,announced he would be publishing The REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 2 OF 11 Steamer soon and addressed the council regarding his concerns with the elections. Mrs.Anita Linker,833 E.Friar Avenue,Apache Junction,addressed the council to request the citizenry be allowed to put yellow ribbons around the city, including the city complex,in support of the military troops overseas;that the Trail of Flags be flown until the troops are back from Iraq;and invite everyone to attend the National Day of Prayer. Mr.Dan Wald,3400 S.Ironwood Drive,Apache Junction,addressed the council on the behavior of Elliott Fisher;the recovery of fees incurred by Mr. Fisher;and his belief that the citizens elected the people they wanted in office at the last election according to discussions he has had with other voters and election staff. CITY MANAGER'S REPORT City Manager George Hoffman stated the remilling project of over 30 lane miles will begin tomorrow morning.Superstition Boulevard will be where i t starts, from Idaho to Arroyo.The streets to follow the intial remilling will be Royal Palm,Old West Highway and Apache Trail.Staff is meeting with Rayna Palmer and others from the Chamber of Commerce to assure the lines of communication are open with the business community when the city does get to that portion of the project.He also thanked the council for providing him the opportunity one year ago today to do work that is very meaningful and full of purpose and that he enjoys very much. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1177,AM -1-03; CITY -COUNCIL INITIATED ZONING ORDINANCE TEXT AMENDMENT REGARDING TEMPORARY RESIDENCES )Interim Development Services Director Rudy Esquivias briefed the council on the item.He handed out an addendum to last night's work session report and a draft ordinance.This ordinance addresses temporary residences,allowing an existing manufactured home to remain on a property while a new conventional home is being constructed on the same premises subject to a time limit and other conditions. I t also allows an RV to be used as a temporary residence during the REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 3 OF 11 installation of a new manufactured home on the same premises,also subject to a time limit and other conditions.They will be creating a new section of the zoning ordinance,Section 6.0108.1 General Provisions and Exceptions.He stated this section will allow the residents the temporary residences as the council had directed.At the work session last night Vice Mayor Surra commented there appeared to be no appeal process:any provision in the zoning ordinance is appealable to the Board of Adjustment unless indicated otherwise and those are appealable to the council.The addendum contains language which should the council wish adds a paragraph about appeals,the possibility of a manufactured home remaining on the property while a new manufactured home is being installed on the same property and the possibility of creating an age limit on these upgrades.The age limit on the manufactured homes would be replacing them with units no older than five years old.The existing mobile home or recreational vehicle must be disconnected and removed from the existing property before the new residence can be occupied.This provision applies only to large lot zoning districts;the property 'must be at least one- half acre in size. Mayor Colegen opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction addressed the council.He applauded the move but stated i t should be expanded to allow people who come before the council and want to split their large lots to have additional housing on them.He believes they should be allowed to have a second residence on the parcel. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he liked the revision.However,he does not like the fact they have put a year limit on it.He feels that if the resident had a 1950 mobile home and upgraded i t to a 1995 mobile home,they would have improved what they are in.Usually when they buy something they are improving what they are in. Mayor Coleman stated he would like to see if this is working for people after a year or two.He would like to see if it is really necessary.He commented that Mr.Fisher's suggestion REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 4 OF 11 about the lot splits does not address the interest in keeping the horse property in the community which requires 1.25 acres.That is one of the reasons why they have tried to maintain those low densities to the north and east.He does not see that as being a part of this issue.He would like to have a report back from staff in a year or eighteen months to see what kind of benefit this has been to the community.He then called for any other discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1177 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1177,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:AMENDMENTS -1-03,PROPOSED NEW PROVISIONS,NUMBER 2 A,B,C.AND D,AND NUMBER 4 AS IDENTIFIED IN STAFF'S APRIL 1ST,2003, ADDENDUM. Vice Mayor Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember Eck voted in opposition.) PROPOSED RESOLUTION NO.03-03.SD -3-02, REQUEST BY NIEL NIELSON FOR A PRELIMINARY SUBDIVISON PLAT APPROVAL TO SUBDIVIDE APPROXIMATELY 2.3 GROSS ACRES ZONED CR-3 FOR THE PURPOSE OF CREATING A TEN LOT, DETACHED,CONVENTIONALLY CONSTRUCTED, SINGLE FAMILY HOME SUBDIVISION LOCATED REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 5 OF 11 APPROXIMATELY 310 FEET EAST OF THE INTERSECTION OF EAST 16TH AVENUE AND SOUTH IDAHO ROAD ON THE SOUTH SIDE OF 16TH AVENUE )Associate Planner Steve Abraham briefed the council on the item.He gave a description of the surrounding area.The planning and zoning commission approved this request with a vote of 6-1.Lots 1,10,9,and 8 will be responsible for the landscaping maintenance on the east and lot 4 will be required to maintain the drainage area,which is also the retention area for the subdivision and handles the off -site water flow.The engineering department finds this plat in compliance and outside agencies have voiced not objections.The applicant has received the assurance of water.The planning and zoning commission voted not to require a landscape strip along 17th Avenue. Mayor Coleman opened the public hearing on the item. Mr.Elliott, Fisher,547 E.Quail, Apache Junction,addressed the council.He thought i t looked a little tight and voiced concern about the houses being too close together. Mayor Coleman closed the public hearing and reopened the item to council discussion. Councilmember Eck commented i t appears to be very good for the area. Vice Mayor Surra commented those are 7,000 sq.ft.lots which are typical subdivision lots.They looked okay to her. Councilmember Durbala commented he liked the idea of them being built there;they will not have all the dirt bikes in that area creating all the dust. Mayor Coleman closed the discussion with no more comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 6 OF 11 Councilmember Eck MOVED THAT RESOLUTION NO.03-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR SANTA -FE SQUARE,CASE SD -3-02,BY NIEL F.NIELSON,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION 03-08,SD -4-02; REQUEST BY PAT LANNAN OF DEL PUEBLO HOMES FOR PRELIMINARY SUBDIVISION PLAT APPROVAL BY DRY CREEK PARTNERSHIP FOR A 19.18 GROSS -ACRE PROPERTY ZONED CR-5/PD LOCATED, NEAR , THE SOUTHWEST CORNER OF TEPEE STREET AND IDAHO ROAD,KNOWN AS THE QUAIL CREEK . VILLAS,PHASES TWO AND THREE.THIS PRELIMINARYSUBDIVISION PLAT REQUEST .,. SEEKS APPROVAL OF A 244 UNIT,ATTACHED SINGLE-FAMILY CONDOMINIUM SUBDIVISION WITH LANDSCAPE FEATURES AND OPEN SPACES ON THE REMAINING 19.18 GROSS -ACRES OF THE QUAIL CREEK CONDOMINIUM PROJECT )Associate Planner Steve Abraham briefed the council on the item.There was a concern about how phase three residents could access the amenities in phase two.Phase one residents expressed a desire to not have access to phases two and three at neighborhood meetings as theirs is a completely different community.There will be access at each corner from phase three into phase two.Another concern was not enough parking near the amenities,especially if there was a homeowners association meeting.He showed where additional parking could be provided. There was also some concern about screening;one resident complained that residents in two-story units could see into her backyard.The developers then shifted the entire development 20'to the west and put in 11 trees along that edge.It was learned that she agreed at one of the neighborhood meetings that this would be acceptable in lieu of a wall.Council could desire these to be 24"box instead of 15 gallon trees,and they could change the spacing REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 7 OF 11 suggested.Council may wish to extend this along the southern portion of phase three. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He is happy to see something worthwhile but he reminded the council this was on the north side of the city and is considered low density. Mr.Joe Severs,1184 N.Starr, Apache Junction,addressed the council.He believes they are moving in the right direction to bring people into the community.He asked what they would be doing to keep people in the community;to make it easier to accomplish and improve things.Mr.Fisher comes up and suggests things and is shot down every time and he understands his frustration and negativity.He commented i f he presented things'in a more positive way,they might be considered.He has presented things himself and they have not been accomplished because they were not simplified.He started to comment about a gentleman that had been before the council in February. comments to the agenda item. Mayor Coleman requested he limit his.• Mr.Joe Severs reiterated he thinks the project is great as it will brit-1g people into the 'community.He requested they implement some programs to keep people here. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.03-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR QUAIL CREEK VILLAS,PHASES TWO AND THREE,CASE SD -4-02,BY DRY CREEK PARTNERSHIP,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 8 OF 11 Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES EXECUTIVE SESSION AT 6:00 P.M.AND MONDAY.APRIL 1.2003.IN THE CITY RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6: IN THE CITY CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 9 OF 11 Councilmember Dietz MOVED THAT AN A WORK SESSION AT 7:00 P.M.BE HELD ON CONFERENCE ROOM AND CITY COUNCIL CHAMBERS 00 P.M.BE HELD ON TUESDAY,APRIL 15,2003, Councilmember Durbala SECONDED THE INFORMATION AND REPORTS Councilmember Urich reminded people of the Cancer Relay that will be at the high school from Saturday.6:00 p.m.until Sunday morning at 8:00 a.m. Councilmember Milkey reported he attended the Maricopa Association of Governments meeting last week and found it an interesting event.I t is a chance to promote our community to Maricopa County and the cities and towns associated with the Maricopa Association of Governments. Mayor Coleman reported he attended the Central Arizona Association of Governments meeting and there were two items of interest on the agenda.The Gold Canyon sewer expansion was pulled from the agenda,the other was a resolution from Central Arizona Association of Governments in support of Pinal County and Apache Junction and themselves in being able to plan and provide the services for the state lands to the south of our current border.I t passed 9-4;some of the communities were uncomfortable with not having a definitive southern line. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:11 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 18,2003. 3.Consideration and possible approval of "Food for Fines"Program from May 1- 31.2003,at the Apache Junction Public Library.(Food collected goes to the Apache Junction Reach Out Food Bank.) 4.Consideration of request for approval to purchase one 2003 Jeep Liberty Sport from Bill Luke Dodge on state contract at a total price (including tax)of $22.660.60 for Public Works Department.(This was included in the FY 2002-03 budget.) 5.Consideration of request for approval of PW 2003-07,a 7 -Passenger Mini -Van from Mesa Imports dba Honda Cars of Mesa at a total price (including tax) REGULAR MEETING OF THE CITY COUNCIL APRIL 1.2003 PAGE 10 OF 11 of $27,078.15 for the Library.(This was included in the FY 2002-03 budget.) ACCEPTED THIS 15TH DAY OF APRIL ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF APRIL ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION 2003. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of,April,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of April,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 1,2003 PAGE 11 OF 11