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HomeMy WebLinkAbout1998-06-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 16,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 16,1998,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 7:02 p.m. INVOCATION Reverend Charlie Fox gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Urich Councilmember Durbala Councilmember Eck Councilmember Insalaco Staff Present: Others Present: (One vacancy exists on the council.) City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director Doug Dobson Development Services Director Larry Harmer Management Assistant Robert Galloway Long Range Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:THE PUBLIC WORKS DEPARTMENT;AND THAT THE RESIGNATIONS OF MIDGE CONWAY AND CELIA BACHMAN FROM REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 1 OF 12 THE PLANNING AND ZONING COMMISSION AND EDWARD TIRADOR FROM THE BOARD OF ADJUSTMENT AND THE CONSTRUCTION CODE BOARD OF APPEALS BE ACCEPTED;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE TOWN OF PAYSON FOR PARTNERING FOR FY 1998 AND FY 1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDING BE APPROVED AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT;AND THAT THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR THE BUILDING LOCATED AT 112 EAST SECOND AVENUE,EFFECTIVE FROM JANUARY 1,1998 TO JANUARY 1,2000 BE APPROVED AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE LEASE AGREEMENT. Councilmember Urich.SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Ron Kill,349 S.Saguaro,Apache Junction,addressed the council regarding the community swimming pool.He commented the pool is inadequate for the present population and he is concerned about the projected growth over the next five years.He requested funds be spent on an additional pool before any other projects are funded. Mrs.Pat Richmond,3080W.16th Avenue,Apache Junction,invited everyone to a spaghetti dinner at the Fraternal Order of Eagles on June 27.In addition, she presented the council with a $1,000 check for the new swimming pool. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES P850 )City Clerk Kathleen Connelly briefed the council on the item.This is for an event they are holding on July 4th.The applicant was notified to be present. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 2 OF 12 Mr.Pfeiffer of the Eagles addressed the council,stating he was there to answer any of their questions.There were no questions. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT FOR THE FRATERNAL ORDER OF EAGLES 0850,INC.,LOCATED AT 2315 S.COCONINO,APACHE JUNCTION,FOR JULY 4 AND JULY 5,1998,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE PERMIT APPLICATION. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1047/CASE PZ-98-13/ FRY'S PLANNED DEVELOPMENT AMENDMENT )Long Range Planner Kate Morris briefed the council on this item.This site is located on the east side of Phelps,south of Apache Trail and west of Idaho Road behind the Walgreen's. The building permit for the store has come in.The site plan had to be redone slightly due to some changes for some land purposes on the original site plan. The parking is now completely on the site,and the building was pulled down into the southwest corner.All the development requirements are met or exceeded.This is for anew site plan reorienting the buildings.The commission voted unanimously for approval of this plan. Mayor Coleman requested the applicant to address the council. Mr.Paul Bryce addressed the council.He commented that Kate Morris gave a good presentation,and added that the site was actually enhanced by working with staff. Mayor Coleman opened the public hearing on the item. Mrs.Jennie Bennett,422W.Rosal, Apache Junction,addressed the council.She is concerned about how the REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 3 OF 12 additional traffic may affect Phelps Drive.She asked if there had been a traffic study done to determine if this would impact that street. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented all the major grocery stores are in a strip on Apache Trail from Meridian to Tomahawk.He believes one is needed badly on the south end of the city. Mayor Coleman closed the public hearing with no else wishing to speak.He asked Long Range Planner Kate Morris to show the ingress/egress to Phelps on the overhead projector. Long Range Planner Kate Morris stated there are two on Phelps;one is a service entrance and the other for general traffic. Mayor Coleman added there is also an entrance on Idaho and one on Apache Trail. Long Range Planner Kate Morris gave a short briefing on the entrances for the project using the overhead projector.She added the city engineer had added an additional 20'of right of way to accommodate the additional traffic on Phelps.Traffic studies were done which supported the additional right of way. Councilmember Eck asked if there had been a study on delivery trucks. Long Range Planner Kate Morris stated the most logical delivery route is a straight shot from the freeway. Councilmember Eck commented they would then be using Idaho Road,but then asked if they would also be using Plaza. Long Range Planner Kate Morris stated they could but they would probably enter on Idaho. Councilmember Eck stated he thought the only delivery entrance was on Plaza. Long Range Planner Kate Morris stated the delivery trucks could also enter on Idaho. Councilmember Urich asked if there were a sign on Broadway prohibiting vehicles of over 10,000 pounds. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 4 OF 12 commented she gross vehicle lanes and the then. Long Range Planner Kate Morris believed there was such a sign. Councilmember Durbala asked if the weight limit could be changed once Broadway was widened to 4 roadway could withstand it.He was told it could be changed Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1047 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Eck MOVED THAT ORDINANCE NO.1047,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1048/ENCROACHMENT PERMIT AMENDMENT PROPOSED ORDINANCE NO.1043/RE-ORGANIZATION OF ENGINEERING )City Manager Curtis Shook announced there had been some miscommunication during his absence and these two items should have been work session items.He requested they hold the public hearing as advertised but that the items be continued to the July meeting. City Clerk Kathleen Connelly commented the items had not been advertised for this meeting. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 5 OF 12 Items 8 and 9. THOSE ITEMS. MOTION. Mayor Coleman asked if that was for Vice Mayor Surra MOVED TO CONTINUE Councilmember Durbala SECONDED THE There was general discussion as to whether these items were advertised.It was determined that these items had not been advertised. Mayor Coleman stated it had been moved and seconded that Items 8 and 9 be continued until July 7,1998. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. ENGLEWOOD DEVELOPMENT -TAX CREDIT MULTI- FAMILY HOUSING ) )Development Services Director Larry Harmer briefed the council on this item.This is a federal program through the Internal Revenue Service and it is distributed through the states for administration.The Department of Commerce and the State of Arizona are the distributors here.It provides a property tax credit incentive for the development of multi -family housing projects.This one is for a family- oriented,multiple bedroom type of apartment complex with a total of 112 units behind ABCO Plaza on 6.5 acres.There is a rating system to qualify for tax credits,and this includes a statement from the city on their consistency with city goals and objectives.A letter was received from the Department of Commerce and the city is to award from 0 to 5 points,based on compatability. If given a 0,it would probably kill the project.Staff believes this project has some merit;it is in the redevelopment area,it provides for housing according to the general plan,and it provides for housing at all income levels.If follows general planning procedures in having multi -family housing next to commercial,with residential being on the other side of the multi- family housing.This propety is zoned for commercial use at this time, allowing for a multitude of uses,including multi -family use.The applicant is Englewood Development of Indianapolis and they are using local architects. The council has the right to review the plans,elevations and landscaping as REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 6 OF 12 in a rezoning case during the awarding of points.It would have to be done conditionally upon the award of points that these things would happen prior to the issuance of building permits.He commented the applicant is in attendance. Mayor Coleman clarified that this is not a rezoning request as the zoning is already there. Development Services Director Larry Harmer stated that was correct. City Attorney Joel Stern advised the council that this is not a public hearing,but they may allow anyone to speak. Mayor Coleman asked the council i f they wished to hear from the public on this issue.The council agreed to open the item for public comment. Ms.Carla Fewell of Englewood Development Company addressed the council.She stated she was here to explain the development and answer any questions.She commented the income tax credits are through the Internal Revenue Service via the State of Arizona. She stated the Internal Revenue Service's first program is the single family mortgage deduction and this is the second.Tax credits are awarded for the development of rental housing.The credits are then sold to a private investor,with the investment functioning as the down payment for the property,which leads to a smaller mortgage.In exchange for that,the developer must promise to charge lower rents than they would normally have to charge.The Crossings will have 112 apartments for people earning minimum wage to up to $33,500 per year.She briefed them on the three tier rent structure.Their high end apartments will be the most expensive in Apache Junction at this time.This will integrate people of varying income levels within the community.They project the minimum income level of the residents to be $10,000 per year.She described the complex and its amenities. Councilmember Durbala asked if a criminal background investigation would be done on any housing applicants. Ms.Carla Fewell stated the criminal background check is standard for all of their applicants. City Attorney Joel Stern asked i f that would be a local or statewide background check for felonies and misdemeanors. Ms.Carla Fewell commented they would like to check to see what they would be allowed to do in Arizona.In other states they have done local and statewide and will do so here i f REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 7 OF 12 allowed.They check for felonies and misdemeanors,however,certain misdemeanors are acceptable. Mayor Coleman asked if Mr.Nichols had anything to add. Ms.Carla Fewell stated Mr.Nichols was there to answer any technical questions. Mrs.Jennie Bennett,422 W.Rosa], Apache Junction,addressed the council.She is concerned about the traffic on Phelps Drive,especially people trying to turn into the Feedbag parking lot. She is concerned how they will get in and out of Phelps Drive.She commented the traffic is getting dangerous.These apartments will add to the traffic, plus bring school buses to the area. Councilmember Durbala asked Doug Dobson if Phelps Drive would be widened to 4 lanes in that area. Public Works Director Doug Dobson stated the improvements would be up to the entrance. Councilmember Durbala asked if there would be off -site improvements to the apartment site,making it 4 lanes as well as adding a left turn lane. Public Works Director Doug Dobson stated there would be off -site improvements. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented he is happy to see a multi -family housing project and complimented the council for finally hearing this.However,he is concerned about placing them in a commercial area,as it appears lower income people are always being put in the higher density or less desirable areas.He would like to see them integrated with the new residential developments.He suggested it is better sociologically to integrate them with the other developments. Ms.Darla Stubblefield,237 S. Belair Road,Apache Junction,addressed the council.She is concerned about whether there will be enough water with all of the new development and Fry's coming in. City Manager Curtis Shook stated they had to prove to the state in 1996 that they had a 100 year water supply. The utility or developer has to prove to the Division of Water Resources that the company that services the area in which their project is located owns enough water to assure that they can be supplied over a 100 year period. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 8 OF 12 Otherwise,a development is not allowed.The city requires a 100 year water supply certification before any development is approved.Therefore,in accordance with known water supply and with the units of housing,they believe there is enough water for that development. There being no one else wishing to speak,Mayor Coleman called for any discussion by the council. Vice Mayor Surra commented the council must decide whether to support a letter that will give the tax credit availability to the application for Englewood.She added the conceptual drawing would have to be turned into a preliminary plat and then proceed through the normal development and council approval procedures.She believes they are just determining tonight if multi -family housing is in accordance with the city needs and that this development is in an appropriate place.She is sure other developments will follow. Councilmember Urich commented she is pleased that this is multi -family housing for all age groups.She added i t is long overdue. City Attorney Joel Stern mentioned he talked to Mr.Lompach with the Department of Commerce on the awarding of these points.He stated if communities wanted to have the development,they generally give them five points.If they did not want it,they would either give a zero or not respond.He added the letter is requesting the city manager's signature;he suggested the motion be to authorize the mayor to sign the letter. make a motion. Councilmember Durbala requested to Councilmember Eck commented they have not even determined the points to be awarded as of yet. There was general discussion by council and staff on how the points were awarded and what points should be awarded. City Attorney Joel Stern added there are 48 of these developments that have applied for funding in 48 different Arizona cities.Only 20 of them will be funded and there is a deadline of June 20th for the letter. There was additional discussion on the number of points that should be awarded. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 9 OF 12 Councilmember Durbala MOVED THAT THE PROJECT PROPOSED BY ENGLEWOOD DEVELOPMENT COMPANY FOR 112 FAMILY UNITS TO BE LOCATED WEST OF PHELPS DRIVE AND SOUTH OF ABCO PLAZA BE ASSIGNED 5 POINTS BASED ON THE NEEDS OF THE COMMUNITY TO PROVIDE A SAFETY NET FOR OUR LOW TO MODERATE INCOME GROUP FOR HOUSING;COMPATIBLE USE OF THE ZONED LAND;PROXIMITY FOR AN EMPLOYMENT BASE FOR THE POTENTIAL RESIDENTS;A NEED FOR MULTI -FAMILY RENTAL HOUSING FOR OUR COMMUNITY;AND A NEED FOR THE DISABLED APARTMENTS;AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE A LETTER INDICATING THE CITY'S POSITION;AND THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE A DEVELOPMENT AGREEMENT THAT MAY INCLUDE,AT A MINIMUM,DESIGN AND MAINTENANCE CRITERIA AS WELL AS POSSIBLE FINANCIAL OR DEVELOPMENT BENEFITS FOR THE CITY;AND THAT THIS LETTER BE SENT AS SOON AS POSSIBLE. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 700 P.M.BE HELD ON MONDAY,JULY 6,1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,TUESDAY,JULY 8,1998,IN THE CITY CONFERENCE CENTER; ALSO THAT MEETINGS ON MONDAY,JUNE 29TH,JULY 1ST AND JULY 9TH BE HELD FOR THE DISCUSSION OF THE BUDGET FOR FY 1998-99 FOR THE CITY OF APACHE JUNCTION,TO BE HELD AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 10 OF 12 City Manager Curtis Shook stated the Supreme Court today found the School Finance Plan to be unconstitutional,the offending part being the one that allowed for opting out.There will probably be a special session this summer. He added the city is a nominee for an Innovation Award by the Maricopa Association of Governments for the development fees ordinance.The winners will be announced a week from Wednesday,but he believes the city has won the award. City Clerk Kathleen Connelly clarified that the nominees are the city manager and the mayor,with the nomination coming from the City of Phoenix. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Recognition of Outstanding Service to the Community by City Employees. 3.Acceptance of resignations of Midge Conway and Celia Bachman from the Planning and Zoning Commission and acceptance of resignation of Edward D.Tirador from the Board of Adjustment and Construction Code Board of Appeals. 4.Approval of Intergovernmental Agreement with Town of Payson for partnering regarding Community Development Block Grant (CDBG)funding. 5.Approval of Lease Agreement with Apache Junction Chamber of Commerce for building located at 112 E.Second Avenue. ACCEPTED THIS 21S1 DAY OF JULY ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY ,1998. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 11 OF 12 CITY COUNCIL MINUTES CERTIFICATION 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 16th day of June,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of July,1998. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1998 PAGE 12 OF 12