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HomeMy WebLinkAbout1996-10-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 1,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 1,1996,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 Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Durbala led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Hendricks Councilmember Surra Councilmember Urich Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway Public Works Director Doug Dobson Development Services Director Larry Harmer Parks & Recreation Director Jeff Bell ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 1 OF 9 Police Dispatcher Margaret Salinas;Patrol Sergeant Ron Martin;the Apache Junction Police Department;City Manager Curtis Shook;Development Services Director Larry Harmer;Housing & Grants Coordinator John Petroff;Assistant City Manager George Hoffman;the Public Works Department;AND THAT THE BID FOR PW 96-11 PALLETIZED AIRLESS STRIPING SYSTEM BE AWARDED TO PRECISION DESIGN,INC.,IN THE AMOUNT OF $26,500.00;AND THAT THE ENGAGEMENT OF STREICH LANG TO RESEARCH AND PURSUE CLAIMS OF THE CITY REGARDING CONSTRUCTION OF SEWER SYSTEM IN PUBLIC RIGHTS -OF -WAY BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman had City Clerk Kathy Connelly read a proclamation declaring October 15 as "Central Arizona College Foundation Day".Due to the college having a board meeting,there was no representative to receive the proclamation. Mayor Coleman had City Clerk Kathy Connelly read a proclamation declaring October 18-20 as "Superstition Mountain Gathering of Cowboy Poets Days". Rayna Barela from the Main Street Program received the proclamation. CALL TO THE PUBLIC Mr.Douglas Coleman,1474 S.Royal Palm,addressed the council regarding Ordinance No.952.He voiced his support of the ordinance,citing the need to create standards of quality and safety for all dwelling units within the city. He believes the ordinance does need to be amended,but not totally gutted. Mr.Keith Stachar,1153 N.Holmes,addressed the council regarding Ordinance No.952.He denies that safety and aesthetics have anything to do with the age of the mobile home.He commented that there will be many properties, including many of his,that will be non -conforming as of the effective date. He inquired what the requirements will be when someone wants to add on to their non -conforming mobile home.He finished by stating he hopes the city council will allow the community to have direct dialogue with them on this matter. Mr.Scot Butler,1702 E.Highland,Suite 214,Phoenix,represented the manufactured housing industry of Arizona as he addressed the council on Ordinance No.952.He briefed the council on the history of the ordinance as far as his industry was aware,and expressed his disappointment that his REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 2 OF 9 organization was not contacted any further during the development of the ordinance.He stated the ordinance will have a large impact on residents and prospective residents,and that the thirty day effective date was too short a time for people to deal with their properties.This ordinance will effect current transactions and potential transactions due to the provisions relating to the placement of manufactured homes and any modifications.He believes the ordinance will devalue many properties.He stated his organization is willing to work with staff to amend the ordinance and work out the problems.He recommended a longer effective date.He stated the manufacturers,for one, cannot make the corrections needed to comply with the new standards in thirty days.He commented the five year requirement for replacements is unrealistic, and all homes constructed since 1976 are constructed to the HUD code.He believes the ordinance does a lot of unintended things. Mr.Darrell Barker,1617 S.Cortez,addressed the council regarding Ordinance No.952.He stated the ordinance and the city are family unfriendly.Since it in effect excludes most single-wides,this affects the service sector workers who cannot afford double-wides.He is a mobile home seller,and he stated mandating the hardboard siding shingle roof will add $2,000 to the cost of the home,and a stem wall foundation will add $3,000 to the cost.He stated the five year restriction lacks objectivity,prohibiting more affordable housing to struggling young families.Section P equates the total elimination of mobile home parks with single-wides.He briefed the council on FHA requirements for young families getting into affordable housing.He requested council to amend the part on aesthetics. Mr.John Pein,6326 E.20th Avenue,addressed the council regarding Ordinance No.952.He also believes it is family unfriendly.He stated approximately a year ago a rumor went around about the city trying to ban single-wides,but he was told by staff that was untrue,only setbacks and safety were being addressed.Now this ordinance eliminates single-wides.He appraised the council on comments heard by staff calling them "railroad cars"and housing stock.He wanted to know what a limit of five years and 1,000 square footage had to do with health,safety and welfare.He stated that due to the council looking at amending the ordinance already,it appeared good staff work was not done.He commented there is no evidence to suggest that mobile homes have a negative impact on business and growth in the city.He believes the ordinance is about trying to control private property,greed,arbitrary decisions and discrimination. Mrs.Nancy Wood,105 N.Delaware,read a letter from the owners of Palo Verde Properties Incorporated.It addressed Ordinance No.952.They stated it will cause unwarranted harm to owners of mobile homes and mobile home parks,many of them senior citizens on fixed incomes.It precludes owners from improving their properties.It fails to take into account older parks that can only have single -wide mobile homes,and therefore cannot comply.They urged the council to repeal the provisions as they apply to existing,older mobile home parks with single -wide home spaces.Mrs. Wood continued to add that residents REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 3 OF 9 in the park she manages want to stay and update their homes,but will be unable to do so under this ordinance. Mr.Jim Brinkman,635 E.Canyon,addressed the council regarding Ordinance No. 952.He stated he has a few properties in Apache Junction that he rents to families.Many times he has bought out the older mobile home left on the property and replaced it with a new one.He believes the standards should be different for stick built and manufactured homes.He also likes the way Apache Junction is right now,stating you can tell what city you're in here because all the homes are different,not much of the same as in other cities. Our downtown is not a scary place to go,or a ghost town,as in other cities. He does not like the changes brought about by the ordinance on the eaves,the affidavit of afixture,the width of the mobile homes,and the setbacks. People should be able to place their home where they want it on their property.He tried to find homes that are set up as in the ordinance,but could not locate any.He believes the market forces will take care of cleaning up the city,but he thinks we should have some standards. Mr.Gordon Arkley,3519 E.Shea Boulevard,Suite 136,Phoenix,addressed the council on Ordinance No.952.He is an associate broker and is in the midst of a sale on an existing mobile home park,currently in escrow,which this ordinance will have an impact on.He believes the park owner is being severely penalized with the replacement of five -year -old and newer units,the foundation and architectural requirements.It will cut back the availability of lower cost housing,causing fewer people to qualify and park buyers to have more capital.He thinks there is a potential loss in tax revenue.He commented he visited other cities in the area and none of them have restrictions on what can be moved into an existing park or mobile home age restrictions.He finished with giving a letter to Development Services Director Larry Harmer,asking for his and the council's support in amending the section for parks with existing parks with recreational vehicles and single-wides. Mrs.Jean Perkins,616 N.Cactus,requested the staff to put more work into Ordinance No.952.She then complimented the staff for the work they have done to promote the cooperation from the builders and others in construction. Mrs.Midge Conway,902 S.Ocotillo,addressed the council regarding Ordinance No.952.She urged the city to follow the general plan and its overlay.She is proud of the new places being constructed.She commented on a tax study she undertook some time ago,which showed that in Pinal County they received more tax revenue from stick built homes than they did from mobile home parks. She questioned the affordability of manufactured homes,wherein she heard the mortgage length is 10-15 years,while a stick built home is up to 30 years. She added some of the double wide mobile homes cost the same as some the new stick built homes going up in the area. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 4 OF 9 CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR TRES BANDERAS RESTAURANT )City Clerk Kathy Connelly briefed the council on the item.There have been no objections by the fire department,building department and police department.She stated the applicant may be present in the audience. Mr.Gilberto Martinez addressed the council stating many customers are asking when he will have beer and wine and he would appreciate the city's approval. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Mayor Coleman opened the item to discussion by the council. Councilmember Barker commented she hoped menus would be part of the application from now on,as this one is making her mouth water. Vice Mayor Richmond urged everyone to try the restaurant as the food is great. Mayor Coleman closed the public hearing with no one else wishing to speak,then called for a motion. Councilmember Hendricks MOVED THAT THE APPLICATION FOR A NEW LIQUOR LICENSE,SERIES 12,SUBMITTED BY THE TRES BANDERAS RESTAURANT,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSE AND CONTROL. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 5 OF 9 NEW BUSINESS. CONSIDERATION OF APPOINTMENT OF GALAD ELFLANDSSON TO THE PLANNING & ZONING COMMISSION )Mayor Coleman opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Surra MOVED THAT GALAD ELFLANDSSON BE APPOINTED TO THE PLANNING AND ZONING COMMISSION WITH A TERM TO EXPIRE JUNE 30,1998,AND THAT HE BE VACATED FROM THE BOARD OF ADJUSTMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. )Mayor Coleman opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Barker MOVED THAT EDWARD TIRADOR BE APPOINTED TO THE BOARD OF ADJUSTMENT WITH A TERM TO EXPIRE ON JUNE 30,1999,AND APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE ARCHITECT CATEGORY WITH A TERM TO EXPIRE ON JUNE 30,1997. Vice Mayor Richmond SECONDED THE MOTION. There was general discussion by the council as to whether he was qualified to hold the architect position.It was decided to appoint him to the board as a regular position. Councilmember Barker MOVED TO AMEND THE FIRST MOTION TO REMOVE "THE ARCHITECT CATEGORY". Vice Mayor Richmond agreed to the change on her second. VOTE:Unanimous. The motion carried. CONSIDERATION OF POSSIBLE APPROVAL OF SENIOR CENTER FACILITY USE AGREEMENT REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 6 OF 9 )Parks & Recreation Director Jeff Bell briefed the council on this item.This agreement is for a 33 -month time period.He voiced his hope that Mesa Senior Centers is with them for that long as they have had difficulties with previous providers and recommended approval of the agreement. Mayor Coleman opened the item to discussion by the council. There was general discussion by the council about where the money from the city comes from.It was determined this money comes from the health and human servies contracts and therefore the paragraph on political activities does not need to be added to this agreement. Mayor Coleman called for a motion. Councilmember Urich MOVED THAT THE AGREEMENT WITH MESA SENIOR CENTERS FOR USE OF THE SENIOR CENTER FACILITY, BEGINNING OCTOBER 1,1996,AND TERMINATING JUNE 30,1999,TO OPERATE THE SENIOR CITIZENS PROGRAM BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala requested discussion before selecting the meeting date.He wanted a work session on Ordinance No.952 before the October 15 meeting. There was general discussion amongst the councilmembers and staff as to the best date to have the work session.It was decided the best date would be Monday,October 7. Councilmember Durbala MOVED THAT A WORK SESSION,WITH A SINGLE AGENDA ITEM,DISCUSS ORDINANCE NO.952 WITH STAFF, ON MONDAY,OCTOBER 7,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS,AND AN EXECUTIVE SESSION AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 15,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 7 OF 9 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:15 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Regular meeting of September 17,1996. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of Award of Bid to lowest qualified bidder for PW 96-11, Palletized Street Striping Machine to be used for street striping. 5.Approval of engagement of Streich Lang to research and pursue claims of the City regarding construction of sewer system in public rights -of -way. ACCEPTED THIS 15TH DAY OF OCTOBER ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF OCTOBER ,1996. Mayor ATTEST: KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 8 OF 9 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 October,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of October,1996. w w KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,1996 PAGE 9 OF 9