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HomeMy WebLinkAbout1998-12-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 1,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 1,1998,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 7:00 p. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Associate Planner Rudy Esquivias Captain Dan Scott Economic Development Specialist Ken Simpkins Housing & Grants Coordinator John Petroff 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:OUR YOUTH SERVICES LIBRARIAN LIZ BURKS;LIBRARY ASSISTANT MARY JOY ZUIK;LIBRARY ASSISTANT SARAH BROWN;AND THAT APPROVAL BE GIVEN TO RELOCATE THREE SALT RIVER PROJECT POWER POLES FROM THE CURB IN IRONWOOD DRIVE TO THE SIDEWALK AREA OF IRONWOOD DRIVE FOR AN AMOUNT NOT TO EXCEED $23,334.00;AND THAT THE INTERGOVERNMENTAL REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 1 OF 11 AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION FOR THE DONATION OF THREE SURPLUS VEHICLES TO THE PINAL COUNTY SHERIFF'S OFFICE FOR OFFICIAL USE WITHIN THE SHERIFF'S DEPARTMENT BE APPROVED WITH THE INTERGOVERNMENTAL AGREEMENT AMENDED ACCORDINGLY AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT;AND THAT THE AWARD OF BID FOR PR 98- 06,FOUR-WHEEL DRIVE UTILITY TRACTOR FOR USE BY THE PARKS & RECREATION DEPARTMENT'S PARKS DIVISION FOR FACILITY MAINTENANCE BE AWARDED TO ARIZONA MACHINERY COMPANY IN THE AMOUNT OF $24,715.93 PLUS THE OPTIONAL FIVE YEAR EXTENDED WARRANTY FOR $1,605.00;AND THAT THE FOCUSED FUTURE STRATEGIC PLAN FOR THE ECONOMIC DEVELOPMENT OF APACHE JUNCTION FOR THE NEXT FIVE YEARS BE ADOPTED;AND THAT THE CITY MANAGER'S APPOINTMENT OF GLEN VAN NIMWEGEN AS DEVELOPMENT SERVICES DIRECTOR BE RATIFIED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS None. OLD BUSINESS. None. NEW BUSINESS. DISCUSSION ON RECALCULATION OF COUNTY SALES TAX )Assistant City Manager George Hoffman briefed the council on this item.He stated he had no additional comments from those given at the work session and requested council to voice any comments or concerns. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 2 OF 11 Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented she believes the council fully supports the city manager's efforts on their behalf about getting some consistency in how the treasurer will be looking at the allocation of funds.It should be fair and equitable.She added i f prisoners,which are not permanent residents,could be added into the Florence population figures,than the non -permanent residents of Apache Junction should be added into the population figures. Mayor Coleman commented the county is also taking a hit on this,not just the cities. Mrs.Sandie Smith,county supervisor,addressed the council.She commented this was passed by the voters and it is apportioned per capita.Due to the fact that there are more people in the cities,they get about 60% of the sales tax.The county will have to give back $166,000 out of $363,000 with this new apportionment. Previously figures from the Department of Economic Security were used,not the new Florence census.The county board of supervisors believe the Department of Economic Security population figures should be used as well.The issue is whether Florence is owed more money or not,and it is a legal position right now. Mayor Coleman closed the discussion. CONSIDERATION AND POSSIBLE APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR THE USE OF ANIMAL CONTROL FACILITIES AND SERVICES )City Attorney Joel Stern briefed the council on this item.A revised agreement was passed out earlier with the changes requested.On page two,paragraph 3A.1,"based on space availability" has been added to start the sentence. Councilmember Eck asked about the word "located"being highlighted in that section. City Attorney Joel Stern stated he thought it should say that it was located at 725 E.Baseline Road in Apache Junction. Vice Mayor Surra asked if he took out the comma in number two to clarify the fact that it is a maximum of 96 hours or longer if quarantined. City Attorney Joel Stern stated that was correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 3 OF 11 Councilmember Eck asked if the location would have to be added into the motion. City Attorney Joel Stern stated the motion could just say "as amended or as revised by the city attorney".On page three,paragraph four,under Term,there was a concern regarding whether city staff would have to watch to see how this contract affected city services,staff and departments.He changed the wording so that each party would administratively review whether it continues to be of benefit to their respective interests.The city manager would have to delegate the authority to someone in staff.Under page four,paragraph six,Termination,has been basically rewritten to allow either party to terminate providing the canceling party advises the other party within 30 calendar days in writing.He commented there are no other changes.He added Chief Warner would clarify some concerns from last night. Vice Mayor Surra stated she believed it was just the dollar amounts they were concerned with. Chief Robert Warner clarified the proposed fee structure.He briefed them on the normal staff hours,and that no staff member should ever have to go there simply because the county has animals there.The city is already incurring the expenses they would have to pay in terms of holiday pay or weekend pay.The only additional time would be the feeding of the county animals,and he believes their fee structure will cover their costs. Councilmember Eck asked if the city picks up loose dogs on weekends. Chief Robert Warner stated they do not unless there is an unusual circumstance. Councilmember Eck asked what would happen in an emergency,such as a vicious dog. Chief Robert Warner stated if there was an animal jeopardizing the safety of people they would pick it up. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION FOR USE OF ANIMAL CONTROL FACILITIES AND SERVICES BE APPROVED WITH THE AMENDMENTS MADE BY THE CITY ATTORNEY AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 4 OF 11 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ACCEPTANCE OF ARIZONA DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD )Assistant City Manager George Hoffman briefed the council on this item.He commented John Petroff has been successful in procuring almost $260,000 in Community Development Block Grant funds.The funds will be used for street improvements on Saguaro and Ocotillo.He recommended acceptance of the funds. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT THE ARIZONA DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD OF $259,448 FOR STREET IMPROVEMENTS BE ACCEPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF AND PLANNING AND ZONING COMMISSION ON REVISIONS TO LAND DEVELOPMENT CODE,ARTICLE 21,SECTION 21.00 SIGN CODE )Mayor Coleman commented this was brought up by the council and they held a discussion on it at the last work session.He opened the item to council discussion. Councilmember Eck stated they were trying to come up with a maximum square footage for any signs approved through a conditional use permit.He recommended 32 sq.ft.,which is a 4'by 8'sign. Assistant City Manager George Hoffman stated Associate Planner Rudy Esquivias suggested limiting these signs to directional type signs. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 5 OF 11 Associate Planner Rudy Esquivias stated the concern appears to be health and public safety.People may drive by a sign before the development is readily identified.Incidental signs as described in the sign code are perhaps a little small to be seen as one drives by,but a sign 6 square feet or 8 square feet in size should be adequate.The sign given Trend Homes was 80 square feet and more than is actually needed. Staff needs direction on what is the maximum signage number or whether they are to investigate what is the optimum sign size and come back with suggestions. City Attorney Joel Stern commented the council could put limitations on each developer as they come forward if they do not want a maximum square footage.It does not have to be in the sign code,but he believes staff would prefer it to be there. Assistant City Manager George Hoffman stated they are just looking for guidance.Most of these do not get to the appeal process. Councilmember Dietz stated this would make it come right to the council. Assistant City Manager George Hoffman stated it would if it was an appeal. Councilmember Durbala commented this is only for off -site premises.It would have to come to the council if it was off -site. Councilmember Eck stated they have zero off -site signage right now. Councilmember Dietz added that was correct except in special circumstances,which is when it would come to the council. Councilmember Durbala stated anyone requesting an off -site premise sign would have to come through the council, not just those in special circumstances. City Attorney Joel Stern commented that is how he understood it to be at the work session and it is reflected in the language of the motion. Councilmember Durbala stated they would not have to determine the square footage of the sign until that appeal comes before the council. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 6 OF 11 City Attorney Joel Stern commented they do not have to but i t is recommended by staff that they do determine a maximum square footage. Councilmember Eck added it would deter someone from approaching them with a 200 sq.ft.sign. Councilmember Durbala asked what a directional type signage is. Associate Planner Rudy Esquivias commented it states the name of the place it is referring to and has an arrow pointing the person in that direction.It might even give a brief description,such as saying something is two blocks ahead. Councilmember Durbala asked if there was anything specifically written regarding directional signs. Associate Planner Rudy Esquivias stated they do not currently have a definition for a directional sign. City Attorney Joel Stern stated they have one for a directory sign,but not a directional sign.The directory sign shows the locations of several businesses in a shopping center. Councilmember Durbala stated he would prefer something in there to give an exact definition for directional signage so that everyone would have the same definition. Assistant City Manager George Hoffman stated the concept would be they would only allow it as a directional type sign.If the concept is correct,than staff would want to refine it as i t is brought back. Councilmember Durbala commented he would like it to say exactly what is directional type signage. At the mayor's suggestion,Mr.Glen Van Nimwegen commented the Town of Gilbert was going to put up standards and everyone was going to have to drop their signs to meet the permanent standards.They decided that was not possible and finished by having all developers come in and give a plan of the community as to where they wanted off -site signs and the council would limit the square footage of signs per intersection.It originates in staff.He added there is also the little bandit signs that they put up every weekend and the town would go out and pull them up. Mayor Coleman asked if they issued permits for the signs. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 7 OF 11 Mr.Glen Van Nimwegen stated they issued temporary building permits for the signs.They get a total number of signs,which are stamped on the back,and if the stamp is not there,the town would yank out the sign and put them in the yard. City Attorney Joel Stern commented the city should demand that a building permit be obtained also if the sign was permitted. Councilmember Urich believed a 4'by 8'sign would be too large.She would like to see something smaller. Councilmember Eck stated they need to think about the area. Councilmember Urich still thought a 4'by 8'sign would be very large for a directional sign. Councilmember Durbala suggested a 2' Councilmember Dietz stated someone Councilmember Insalaco stated it by 2'sign. would have to slow traffic up to read it. would just as bad as a street sign. Councilmember Eck commented they are talking about a maximum size.They do not have to grant them that size. Councilmember Durbala stated that is bigger than the signs they put out on the weekends. be for special conditions only. decided on a case by case basis. and Vice Mayor Surra agreed. Councilmember Eck added these would Mayor Coleman thought it should be Councilmembers Insalaco and Dietz Vice Mayor Surra thought the length of time should also be addressed.It should be part of the conditional use permit. Associate Planner Rudy Esquivias stated there are a number of conditions that can be attached to a conditional use permit. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 8 OF 11 Councilmember Insalaco agreed that the size should be determined case by case but there should still be a maximum allowed.He added sometimes they do not need the height as much as they need the width.He could see a 2'by 4'rather than a 2'by 2'.He suggested no more than 12 square feet. Vice Mayor Surra commented that Councilmember Eck's suggestion of not to exceed 32 sq.ft.would be adequate. That gives the council a latitude of 1 sq.ft.to 32 sq.ft. Councilmembers Insalaco and Eck agreed they would not have to give them the 32 sq.ft. Mayor Coleman stated he believed they would probably expect to get the 32 sq.ft. Councilmembers Urich and Durbala agreed with Mayor Coleman. Councilmember Eck stated they do not have to grant that;it would depend on the area. should not even get their hopes up. Councilmember Urich commented they Vice Mayor Surra asked why they should even get their hopes up to have an off -site sign. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF AND THE PLANNING AND ZONING COMMISSION REGARDING REVISIONS TO LAND DEVELOPMENT CODE,ARTICLE 21,SECTION 21.00 SIGN CODE:REPLACE THE PLANNING AND ZONING COMMISSION WITH THE CITY COUNCIL AS AUTHORIZING REVIEW AND APPROVAL BODY FOR CONDITIONAL USE PERMITS WITH APPROPRIATE APPEAL TO THE SUPERIOR COURT;ADD SPECIAL CIRCUMSTANCE LANGUAGE RELATING TO THE PUBLIC'S HEALTH AND SAFETY,SUBJECT TO APPROVAL BY THE CITY ATTORNEY;SUCH SIGNS SHOULD BE LIMITED DIRECTIONAL TYPE SIGNAGE,WITH THE WORD DIRECTIONAL TYPE SIGNAGE TO COME BACK WITH A VERY STRICT DEFINITION;NOT TO EXCEED 32 SQUARE FEET IN AREA;ONE CONDITIONAL USE PERMIT PER REQUEST;AND ALSO HOW LONG A SIGN WOULD STAY UP. Vice Mayor Surra stated it is ONE SIGN PER CONDITIONAL USE PERMIT,not one conditional use permit per request. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 9 OF 11 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 14,1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY. AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 15, 1998,IN THE CITY CONFERENCE CENTER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala reminded everyone to attend the Christmas Tree Light Parade put on by Main Street.Any councilmembers attending should contact Main Street so that they can have a wagon ready for them.Main Street has requested those attending sing Christmas carols.The parade is at 6 p.m.on Friday,December 4. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:34 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 17,1998. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Library employees Liz Burks,Mary- Joy Zuik and Sarah Brown. 4.Approval to relocate three Salt River Project electrical poles at a cost of $23,344.00. 5.Approval of Intergovernmental Agreement with Pinal County for City of Apache Junction to donate five (5)surplus vehicles to the Pinal County Sheriff's Office for their use. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 10 OF 11 6.Approval of Award of Bid "PR 98-06"for four-wheel drive utility tractor for use by Parks and Recreation Department's Parks Division for facility maintenance. 7.Approval and Development. 8.Ratification Director. Adoption of Focused Future Strategic Plan for Economic of appointment of Glen Van Nimwegen as Development Services ACCEPTED THIS 15TH DAY OF DECEMBER ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF DECEMBER ATTEST: City Clerk ,1998. DOUGLAS COLN Mayor 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 1st day of December,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of December,1998. 4 N - I -7 1 City Clerk REGULARMEETING OF THE CITY COUNCIL DECEMBER 1,1998 PAGE 11 OF 11