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HomeMy WebLinkAbout1996-11-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 19,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 19,1996,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Richmond called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Richmond Councilmember Hendricks Councilmember Surra Councilmember Urich Councilmember Durbala Councilmember Barker Staff Present: (Mayor Coleman was absent.) City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Works Director Doug Dobson Development Services Director Larry Harmer City Engineer Gordon Grandy Others Present:Associate Planner Kate Morris 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 NOVEMBER 19,1996 PAGE 1 OF 15 Youth Services Librarian Liz Burks;Parks & Recreation Director Jeff Bell; Patrol Sergeant Ron Martin;Patrol Officer Keith Gabriel;Police Dispatcher Venus Cassella;Parks & Recreation Superintendent Chuck Baker and the Public Works Department. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Barker abstained from voting on the minutes as she was not in attendance at November 3 meeting.) The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook briefed the council on a letter received last week from the Department of Environmental Quality.It was written on behalf of the Governor's Air Quality Task Force.The Phoenix metropolitan area is faced with federal sanctions for their air quality,and the task force is trying to come up with a plan that will be accepted by the Environmental Protection Agency in order to prevent any loss in funding.The task force is meeting on November 20-21 for discussion on vehicle emissions,sale of cleaner gasolines and fuels and other items.Their letter to the city stated they are considering expanding the Maricopa non -attainment area to include high -growth areas currently outside the existing area boundaries,specifically Apache Junction,Gold Canyon Ranch,New River,Rio Verde,the Fountain Hills general area and the area south of Chandler Heights.As a result of this,he will speak in front of a panel at 11:30 a.m.on November 21 to question why the state is considering adding Apache Junction to this area when they had the state's approval to be exempt from the area.His intent is to inform them that the city does not have an air quality problem and to ascertain what they are trying to accomplish.The county also intends to make a statement about the inclusion in the non -attainment area. Councilmember Durbala asked if the city would go through emissions if this was passed,and what would occur with the fireplaces and dirt roads. City Manager Curtis Shook stated the city would be subject to all rules and regulations currently enforceable in the attainment area of Maricopa County. Councilmember Durbala asked if this would help pave our roads. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 2 OF 15 City Manager Curtis Shook stated it would be easy to deliver some of our frustration,but it may not be apropos for this discussion. City Attorney Glenn Gimbut reminded the council this was not an item for discussion on tonight's agenda. City Manager Curtis Shook asked council to call him prior to November 21 if they had any questions or comments. PUBLIC HEARINGS APPLICATION FOR A CLASS A BINGO LICENSE FOR GOLDEN SUN RV RESORT )City Clerk Kathleen Connelly briefed the council on this item.Correspondence from the police department and building department given to the council that evening stated there were no objections to the license,however,there are certain conditions requested by the planning department.She stated there was more than one applicant and several people may be present. Vice Mayor Richmond asked if there was an applicant present to address the council.There was no applicant present. to council discussion. the reason for the second would attend the bingos. knows the answers. two restrictions could be Vice Mayor Richmond opened the item Councilmember Surra wanted to know license and some assurances that only park residents She therefore had unanswered questions,unless staff Councilmember Barker asked if the included in the motion. there would be no problem with that. City Clerk Kathleen Connelly stated City Attorney Glenn Gimbut stated it could be included and the conditions sent on to the state,but the legal impact was unclear. Councilmember Surra stated the application stated it is restricted to residents,but she wanted to be reassured that it would be monitored for that.Otherwise,they must apply for a different class of bingo license. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 3 OF 15 City Clerk Kathleen Connelly stated that is determined by a dollar amount,also.The receipts must exceed a certain dollar amount. Councilmember Hendricks asked if there have been any violations by the group in the past. City Clerk Kathleen Connelly stated there were none that she was aware of.She believes the Department of Revenue would be the only agency with that information. Councilmember Surra asked if the council must wait for an infraction before restrictions could be added. Councilmember Hendricks stated if there have been no problems in the past,he did not understand Councilmember Surra's question. Councilmember Surra stated it has nothing to do with this park,it applies to anyone who stated they are going to restrict activity to residents of certain areas,and how they plan to do that. Vice Mayor Richmond opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR A NEW BINGO LICENSE,CLASS A,SUBMITTED FOR THE GOLDEN SUN RV RESORT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE WITH THE FOLLOWING STIPULATIONS:THE BINGO ACTIVITY IS RESTRICTED TO RESIDENTS OF GOLDEN SUN ONLY;AND NO SIGNAGE ADVERTISING THE BINGO ACTIVITY BE DISPLAYED WHICH WOULD BRING OUTSIDE INDIVIDUALS/PARTICIPANTS TO GOLDEN SUN,THEREBY CREATING A COMMERCIAL USE AND TRAFFIC IMPACTS ON THE FACILITY. Councilmember Barker SECONDED THE MOTION. VOTE:5-1 (Councilmember Surra voted in opposition.) The motion carried. PROPOSED CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION )City Clerk Kathleen Connelly stated she would touch lightly on the item and have Assistant City Manager George Hoffman brief the council in depth.In order to extend the home rule option,it must go back to the voters every four years for their approval. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 4 OF 15 The last approval was in 1993,and this is the first of two required public hearings in order to get this issue on the 1997 ballot.At the December 3 meeting there will be another public hearing,immediately after which a special meeting must be called for the council to vote on the resolution.It is a state -mandated process. Assistant City Manager George Hoffman briefed the council on the item.If passed by the voters,it will allow the city to spend the revenues generated instead of a state -imposed budgetary limitation.The fiscal budgets imposed by the state are determined by the 1979-1980 fiscal budgets for each city,and with that being the first year for Apache Junction,it would give the city a very low per capita of expenditures,as not all of the present services were in place then.Looking at our current budget,if this is not approved,our expenditures would have to be reduced by $2.25 million. Councilmember Hendricks asked what would happen to that money. Assistant City Manager George Hoffman stated it could be accrued,but not expended for another four years. Councilmember Hendricks asked if the state controls the money. Assistant City Manager George Hoffman stated the state does not control the money,it just does not let the city utilize it. Councilmember Surra stated she thought that was a lot of control when they do not let you utilize your money. She added that if the state mandated certain programs to be carried out,we would have to do that without being able to use all the available funds. Assistant City Manager George Hoffman stated that was correct.He commented the city is not required to have the election;some communities are allowed to expend more money than they generate.He asked City Clerk Kathleen Connelly if the language was clarified as to what this is actually going to be called. City Clerk Kathleen Connelly stated there would be a resolution to adopt at the next meeting,and there have been significant changes from the previous one adopted four years ago.It appears that the Auditor General made some drastic changes after comparing it to their interpretation of the statutes.One of the things stricken is the use of the word "local".We can only call it the "Alternative Expenditure Limitation", but we can still add "Home Rule Option".This is governed by the auditor general's office;they give the dollar amounts,they tell us what forms to use and they strictly monitor the entire process. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 5 OF 15 Councilmember Surra asked if there was enough education out there for the citizens to understand that no more money was being spent than has been taken in. Assistant City Manager George Hoffman stated though they are not allowed to take an advocacy stance on the issue,the city is trying to inform everyone as to what it is. Councilmember Surra suggested keeping the language as laymen -like as possible. City Clerk Kathleen Connelly stated the ballot language cannot be changed. Councilmember Surra stated she meant the public information included in the synopsis on the ballot. that also could not be changed. would be any public meetings in council and staff in such areas organizations and clubs. City Clerk Kathleen Connelly stated Councilmember Durbala asked if there different areas concerning this,utilizing the as trailer parks,home associations,different Assistant City Manager George Hoffman stated City Manager Curtis Shook,Planning Manager Ken Simpkins, Development Services Director Larry Harmer and he are putting together a community outreach program on this.The Town Hall was the first part of it. The upcoming Focus Futures in the spring is another part.The third program consists of dozens of face to face communication meetings where ever two or more (people)are gathered to find out the citizens'thoughts on developmental issues,growth issues and about home rule. Vice Mayor Richmond opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing. Assistant City Manager George Hoffman asked council to let him know if they heard any questions from the citizens,as probably more people would have the same question and this would assist them in answering the question. CONSIDERATION OF AMENDMENT TO THE PLANNED DEVELOPMENT OF SUPER 8 MOTEL REGARDING SIGNAGE.PZ-95-07 )Development Services Director Larry Harmer briefed the council on the item.One of the conditions on the original planned development was that the developer work with staff to develop REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 6 OF 15 a comprehensive sign package.Since that time,Mr.Hyde has purchased his Super 8 property and has the right to come before the council with his own sign package amendment.Only very recently has Mr.Slentz started to work with staff on the sign package.Mr.Hyde is preparing to open in three weeks. The revised request submitted by Mr.Hyde this morning is for only a 20'high sign,which was the council's general direction before,and that Super 8 logo sign would be 6'X 8'in size,plus 6'high entry signs at each site and a 20' high directory sign at 29th Avenue and Idaho.The directory sign would spillover the height of the wall at 29 Avenue.The sign packages received by Mr.Slentz have not been acceptable;he has wanted higher and larger signs that were not on site.Mr.Hyde was not interested in those plans as he prefers to have his logo sign on site,other than the directory sign.Upon reviewing Mr.Hyde's latest proposal with staff,there is a concern that the individual entry signs not interfere with vehicular visibility.Mr.Hyde has shown them a 2'X 4'sign that is in the field of vision for a driver that can be worked with,and they are looking at making that lower to the ground. Staff generally has no problems with Mr.Hyde's proposal,and they would like some direction for Mr.Slentz and his directory sign at 29 Avenue and Idaho so they may have a formal,final proposal when it is brought back for the remainder of the properties.Mr.Slentz is proposing an owner's association for the maintenance of the signs as they will be shared facilities,and council direction could prevent that.He then gave council an amended motion for the item. Councilmember Barker asked where the low profile entry sign scheduled would be located. Development Services Director Larry Harmer stated it would be located at the driveway entry on 29 Avenue,and it would be universal for all of the properties. Councilmember Durbala asked if there would be any signs as you turn in at 29 Avenue and Idaho. Development Services Director Larry Harmer stated a directory sign is still being suggested by Mr.Slentz,which concerns them as he is requesting a 20'high sign with interior illumination. Unless he hears differently,he will suggest it be lowered to no taller than the adjacent wall,where visibility from the only access to the property is located.There is a possibility of an encroachment permit,but with no designs they cannot react to that. Councilmember Durbala stated he did not want to see six little signs there if there is no directory sign. Development Services Director Larry Harmer stated they would not recommend that,there should be some type of directory sign or inventory list of the various businesses. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 7 OF 15 Councilmember Surra stated the low directional sign should be removable in case utility work needs to be done according to one of the conditions listed.It was not addressed in the motion. Development Services Director Larry Harmer stated all signs are removable by their very nature. Councilmember Surra asked why it was written into the sign package direction if they were all removable. Development Services Director Larry Harmer stated it could be done as a stipulation or as a matter of how they sign off on the permit. Councilmember Surra stated the intent is for the sign to be the kind that would not cause a hassle when moved. Development Services Director Larry Harmer stated that could be inserted with the conditions.He then stated he believed Mr.Hyde was ready to address the council whenever they were ready. Mr.Bill Hyde,4217 E.Alder,Mesa, stated Larry had summarized the history very well.He showed a drawing of his proposed directory sign,which is 4'wide and 4'high from the surface.He agreed to drop it to 36". Harmer stated it would probably be 32". Development Services Director Larry Mr.Bill Hyde stated that was fine. He stated he was opposed to John Slentz'directory signs which were all to be 10'high.He is in agreement that the directory sign should be located off the driveway as to not interfere with the utilities.He is no longer concerned about having his large sign reduced to 20',as after viewing the property he can see the sign really shows up off the freeway. Vice Mayor Richmond opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and reopened the item to discussion by council.There being no further discussion,she called for a motion. Councilmember Barker MOVED THAT A PLANNED DEVELOPMENT AMENDMENT TO THE APPROVED SUPER 8 MOTEL PROJECT TO HAVE THE CITY COUNCIL CONSIDER APPROVAL OF A 20'HIGH DETACHED SIGN,HAVING A SIGN FACE NO LARGER THAN 6'X 9',AND A LOW PROFILE ENTRY SIGN WHICH DOES NOT INTERFERE WITH TRAFFIC VISIBILITY AND IS EASILY REMOVED IF UTILITY WORK NEEDS TO BE DONE NEAR THE SIGN,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 8 OF 15 Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. CONSIDERATION OF SELECTION OF APPOINTMENT FOR GOVERNING BODIES FOR CROSSROADS REVITALIZATION/REDEVELOPMENT DISTRICT ) )Associate Planner Kate Morris briefed the council on this item.She stated council may decide to be the governing body and with an advisory board,and later they may choose an advisory commission,or they can choose an advisory commission now.The city attorney has stated that if the council chooses an advisory/regulatory commission at this time,it cannot be reneged at a later date.They can change to a commission at a later date,but cannot go from a commission to being overseen by the council at a later date. Vice Mayor Richmond opened the item to discussion by the council.There being no discussion,she called for a motion. Councilmember Surra MOVED THAT THE CITY COUNCIL BE CHOSEN AND ADOPTED AS THE GOVERNING BODY OF THE CROSSROADS REVITALIZATION/REDEVELOPMENT DISTRICT AND THAT AN ADVISORY COMMISSION BE APPOINTED AT A SUBSEQUENT MEETING OF THE CITY COUNCIL. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS. POSSIBLE SITING OF WIRELESS COMMUNICATIONS FACILITIES ON CITY PROPERTY:COMPENSATION ) )City Manager Curtis Shook briefed the council on this item.The city has been approached to use public property,and Kate Morris will speak on their descriptions. Associate Planner Kate Morris briefed the council on the information given to them in a separate packet earlier in the evening,which included site descriptions and structure descriptions.The demand for wireless communication will increase as the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 9 OF 15 population increases.The reason why they want to enter Apache Junction right now is there is a gap between Mesa and Florence Junction.It will give increased coverage on the cellular phone,filling in any dead spots.Per the Telecommunications Act of 1996,the city cannot prohibit the location of communication towers.The FAA and the FCC are the regulatory agencies for wireless communication.However,each state is allowed to abide by its own land use and facilities policies,and in most cases site acquisition is determined at the state or local level.We would issue the permit and oversee the construction.When possible antennas are attached to the tops of buildings to disguise them.Proposals for Apache Junction include a lattice- type tower and a pole tower similar to the police department communications tower.These towers range is size from 60'to approximately 100'.The police tower is 92'and the fire department tower is 110',for point of reference. There is one tower proposed at the public works site which is approximately 65'tall,which is proposed by US West for their own use.A vacant property on the corner of Broadway and Idaho will possibly be the site of a tower 90'- 100'tall.Taller towers tend to have multiple users,thereby cutting down on the amount of towers needed in the area,and the latter tower is one of these. The only condition that can be put on the private property is landscaping screening. Councilmember Surra asked how something that high would be screened. Associate Planner Kate Morris stated with landscaping on the bottom with the basic site development. tower was going at Idaho and Broadway. Councilmember Surra asked if the big Associate Planner Kate Morris stated their initial search put their center in the middle of Roadhaven,and US West's first site was behind the car wash with a 95'tower.When asked why they have to be there,they stated they did not really have to be there,and they were shown the other government facilities available.They then decided on the public works yard.Nextel,the server group at Broadway and Idaho, they have to be within 1/2 mile of their center.A cellular tower like US West's has a broader range. Councilmember Barker stated you are telling us we are going to have towers all over the place and the city has no choice in this. Associate Planner Kate Morris stated with co -location we can reduce the number of towers by a fraction. Councilmember Barker asked if we could tell them they could not do it. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 10 OF 15 City Attorney Glenn Gimbut stated the telecommunications industry has a better lobby in Washington than we do. The FCC has issued rules that state all control is by the FCC. get these towers wherever these people fan they have a better lobby than we do. Councilmember Barker stated we then cy. City Attorney Glenn Gimbut repeated Associate Planner Kate Morris stated both groups came in once they narrowed down their site selection and asked if we had any concerns.They do not have to do that.Both have been very responsive to the wishes of the city. Councilmember Barker stated since there are multiple companies out there doing this,and we cannot discriminate, we would have to say yes.We do not have a choice of yes or no. Associate Planner Kate Morris stated we cannot necessarily say no.If the city said no,the criteria that was read and substantial evidence would have to be on record. Councilmember Surra stated this means if ten towers want to come in on Idaho and Broadway,we cannot say no. Associate Planner Kate Morris stated that was correct.What the city can do is work with companies who will co- locate,as this one at Broadway and Idaho can have up to five users,which reduces the number of towers. if they wanted to. that was part of their goal. Councilmember Surra stated that was Associate Planner Kate Morris stated Councilmember Urich stated if they do not want to co -locate,then we could have them all up and down. Associate Planner Kate Morris stated that was correct.The general spread in East Mesa is one per square mile. Councilmember Durbala stated there was no difference,we will get them whether we want them or not.You might as well accept it. Associate Planner Kate Morris stated the difference is that we can encourage top of building locations,encourage REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 11 OF 15 co -location at our facilities,at university or college facilities,the post office,and utilize as much as what we have got to minimize the steel towers. City Attorney Glenn Gimbut stated the FCC sells the rights to these at auction. Councilmember Barker asked what the city gets for this. Associate Planner Kate Morris statedif it is on city property,Glenn has a copy of an agreement. City Attorney Glenn Gimbut stated we are in negotiations with them about this,but there can be no public discussion on the negotiations at this time. Councilmember Surra wanted some examples of trade-offs. City Attorney Glenn Gimbut stated not much,as the federal government and the telecommunications lobby make sure they get what they want.They do not want cities passing zoning ordinances against them.The city is precluded from effective regulation.There is a case in Washington in litigation on this which is on appeal.The only control we have is on public property,where we have negotiation control over what is coming on the land,and encourage things that are not abhorrent.On private land,there is not much control.The community gets the right to buy cell phones and use them. Assistant City Manager George Hoffman stated those that are on public land could provide some remuneration. Development Services Director Larry Harmer briefed the council on what is happening nationwide with these facilities.At this time the city has setback requirements from the property lines from a safety standpoint that can be utilized.The setback has to be equal to the height of the unit in case it falls over.Our building height regulation precludes someone using a building to disguise the tower,but they can be used to hide some of the structure.We need to work with the schools, churches and other buildings to help hide these structures.The control on these towers is similar to ham radio antennas,which is none. Councilmember Urich asked if there is a height restriction on the towers. Development Services Director Larry Harmer stated we cannot restrict them,other than with setbacks. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 12 OF 15 City Attorney Glenn Gimbut stated this law came out on August 20,1996,so it is still brand new and it is unknown where this will effect us on the setbacks. Assistant City Manager George Hoffman stated Kate Morris will not be at the next council meeting as she will be attending a two-day seminar on wireless communication towers. Development Services Director Larry Harmer stated other communities incorporated these into the lighting systems for the athletic fields.However,the configuration may not match what is needed by the providers. Councilmember Barker stated it is ironic that wireless communication,with no wires to be seen,requires "monster"towers. Councilmember Surra stated it was interesting how all the developments in the community are asking for buried lines,as they do not want obstructions,and here the city is being forced to have huge towers. the federal law,and is mandated. discussion. Councilmember Durbala stated it is Vice Mayor Richmond closed the COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 2,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 3,1996, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 13 OF 15 INFORMATION AND REPORTS None. ADJOURNMENT meeting at 8:17 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Regular Meeting of November 5,1996. 3.Recognition of Outstanding Service to the Community by City Employees. ACCEPTED THIS 17TH DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS ATTEST: )Vice Mayor Richmond adjourned the DECEMBER ,1996,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 17TH DAY OF DECEMBER ,1996. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 14 OF 15 DOUGLAS fOLEMAN 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 19th day of November,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22th day of November,1996. AZi c_ccE City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,1996 PAGE 15 OF 15