Loading...
HomeMy WebLinkAbout1996-02-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 20,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 20,1996,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 Durbala Councilmember Hagner Councilmember Hendricks Councilmember Surra Staff Present:City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Development Services Director Larry Harmer Planning Manager Jim Nakagawa Parks & Recreation Director Jeff Bell Others Present:(No Request to Speak forms were submitted) ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 1 OF 14 THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES: Officer Joe Shikany and his K-9 partner;Officer R.Virgil;Youth Services Librarian Liz Burks;David Harwell of Public Works;Public Works crews;Parks and Recreation crews. AND THAT WE APPROVE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR MUTUAL AID IN LAW ENFORCEMENT STATEWIDE GANG TASK FORCE,AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook informed the council about the Economic Development Forum to be held February 22.He stated this was for residents and business people including those outside the community. Mr.Shook reported that Parks and Recreations Department was nominated sometime ago for having the best small Parks and Recreations programs in the State and they have been notified that they have been awarded this honor. PUBLIC HEARINGS RESOLUTION NO.96-01,ABANDONMENT CASE NO.93-03 )City Engineer Gordon Grandy stated this item was postponed at the last meeting and that this time the resolution contained the proper language. Mayor Coleman called upon the applicants to address the council. Mr.Duane Offenberg,1030 S.Wickiup Rd.,submitted a list of signatures for the abandonment and spoke in favor. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 2 OF 14 Rd.,spoke in favor. Rd.,spoke in favor. Mr.Fred Schiffer,1070 S.Wickiup Mr.Val Holindrake,960 S.Wickiup Mayor Coleman called upon the public wishing to speak.There being no one else wishing to speak on this item,he closed the public hearing. Mr.Grandy read a letter from the Fire District regarding abandonment of streets and easements in general.The letter addressed the access problem created by the abandonment of some streets and easements. Councilmember Durbala asked Police Chief Galloway if this particular abandonment would affect any emergency services in the future. Chief Galloway answered that the more access to the area the better service they can provide. the density in the area. Councilmember Surra inquired about Development Services Director Larry Harmer replied that predominantly the use was for large lots of 1.25 acres and that there was some multi -family zoning in the immediate vicinity,which will be presented to the council in the future for rezoning to large size lots. Councilmember Surra stated that if they approved this abandonment,future council would have to protect that area from allowing any more changes in land uses for multiple dwellings. Mr.Harmer replied that was an option. Councilmember Surra stated she checked the road and it was not very good. Councilmember Durbala replied that a road improvement plan was in place and that roads like this one will eventually get paved. Councilmember Surra stated that this road does not get anywhere. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 3 OF 14 Councilmember Durbala stated that abandonment of this road would limit access to emergency vehicles in that area,especially if that changes to high density. Councilmember Barker stated there were enough roads for access to the area;that if development began in there, the developer would have to provide the necessary infrastructure;and that any change in zoning would be up to future council to decide. Councilmember Durbala asked the City Attorney to explain the federally patented easements. City Attorney Glenn Gimbut explained that a federally patented easement is a reservation made by the Federal Government when they gave up their land to the State of Arizona and eventually into private hands;that it is a reservation for public access in terms of streets,roads,utilities and when the city gives up an abandonment,it gives up its rights but not any other rights that may be held by others;and that he is not clear about the nature of what other people's rights may be in the area since nobody was here to state those. Mayor Coleman commented that 10th Avenue was one of few roads that would have a possibility of going through from Tomahawk to Goldfield in the future;that he would not like to abandon this road now and later ask a developer to give it back;that maybe until they know what the city wants to do with it they should keep it or abandon it all the way across,because to abandon only one section makes the whole road useless. Councilmember Barker MOVED THAT RESOLUTION NO.96-01,"DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC ROADWAY PURPOSES DESCRIBED AS 10TH AVENUE BETWEEN VISTA ROAD AND WICKIUP ROAD,AND RAINDANCE ROAD FROM 10TH AVENUE TO 12TH AVENUE,DESCRIBED IN ABANDONMENT CASE AB -95-03,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS- OF -WAY,"BE APPROVED. Councilmember Surra SECONDED THE MOTION. City Clerk Kathy Connelly stated that this motion was for Option A. VOTE:In favor:Councilmember Barker,Councilmember Surra. Opposed:Councilmember Hagner,Vice Mayor Richmond, Councilmember Durbala,Councilmember Hendricks, Mayor Coleman. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 4 OF 14 The motion failed. Councilmember Durbala MOVED THAT RESOLUTION NO.96-01,"DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC ROADWAY PURPOSES DESCRIBED AS RAINDANCE ROAD FROM 10TH AVENUE TO 12TH AVENUE,DESCRIBED IN ABANDONMENT CASE AB -95-03,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,"BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. City Clerk Kathy Connelly stated that this motion was for Option B. VOTE:Unanimous. The motion carried. Mayor Coleman recessed the meeting for five minutes to allow a citizen to speak with staff. ORDINANCE NO.940,AMENDMENT TO LAND DEVELOPMENT CODE,CHAPTER 6,LANDSCAPING AND SCREENING REQUIREMENTS (WITH THE EMERGENCY CLAUSE) )Development Services Director Larry Harmer explained that this item would meet the Council's goal of improving the image of the city and also economic development.He stated that this ordinance reflected those changes as discussed in the work session and it would establish a common ground for the same level of standards for all businesses.He stated that this ordinance would be primarily for new businesses,industrial/multi-family,and it would apply to existing businesses only if there were substantial alterations or a change of use.He then briefed the Council on the ordinance. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker suggested that on Page 3,Section 6-1-5,A.2.,the word "automatic"be changed to "water system." Mr.Harmer replied that this change would cause them to do code compliance and if there was a problem with this, staff could bring this back in the future to reinstate that word. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 5 OF 14 Councilmember Barker inquired about tree sizing requirements on Page 5. Mr.Harmer explained that it is stated that "trees shall be planted at the rate of one per thirty feet of linear street frontage"but that is being interpreted as 30 feet on center which was not intended.He suggested to add after the word "frontage""not thirty feet on center"for clarification. Councilmember Hendricks was concerned that taking out the word "automatic"in "An automatic water system" would result in a lot of dead vegetation. Councilmember Barker replied there was the provision of a fine in the ordinance for having dead vegetation and added that automatic watering would still be an option. Mr.Harmer explained that even after deleting the word "automatic"this would require some type of water system and it would be a commitment on the part of the property owner or developer to make sure that is taken care of.He stated that if this change resulted in a lack of maintenance,staff would bring it back to the council. Vice Mayor Richmond inquired about the word "building"on Page 7,number 4;whether or not that was going to be defined as "main building." The council further discussed the definition of building with relation to setbacks. City Attorney Glenn Gimbut suggested adding at end of paragraph that "above separations do not apply to accessory uses." Mr.Harmer concurred with that. Councilmember Barker MOVED THAT ORDINANCE NO.940 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE OF THE MAYOR REGULAR MEETING OF THE FEBRUARY 20,1996 PAGE 6 OF 14 Vice Mayor Richmond SECONDED THE City Clerk Kathy Connelly read,"AN AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, CITY COUNCIL ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,BY ADDING CHAPTER 6,ARTICLE 6-1,LANDSCAPING AND SCREENING REQUIREMENTS;AND AMENDING THE APACHE JUNCTION CITY CODE SECTION 7-1-1, CONFORMING WITH THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Councilmember Barker MOVED THAT ORDINANCE NO.940 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT ON PAGE 3,SECTION 6-1-5,A.2.THE WORD "AUTOMATIC" BE DELETED AND THE "N"IN "AN"BE DELETED;AND ON PAGE 6,a,THIRD LINE DOWN THERE BE A COMMA AND THEN "NOT THIRTY-FOOT ON CENTER" AFTER THE WORD "FRONTAGE";THAT ON PAGE 7 FOLLOWING THE SETBACK AND BUILDING HEIGHT NUMBERS THERE BE THE WORDS "THE ABOVE SEPARATIONS DO NOT APPLY TO ACCESSORY USES";AND THAT ON PAGE 11,B.5.,SECOND LINE THE WORD "SHAKK"BE CHANGED TO "SHALL." MOTION. VOTE:Unanimous. The motion carried. VOTE:In favor: Vice Mayor Richmond SECONDED THE Councilmember Durbala,Councilmember Hagner, Councilmember Barker,Vice Mayor Richmond, Councilmember Surra,Mayor Coleman. Opposed:Councilmember Hendricks. RESOLUTION NO.96-04,STREET LIGHT IMPROVEMENT DISTRICT )City Engineer Gordon Grandy stated that this would be for Ironwood Cove Subdivision and done by the developer;that the new property owners would pay for the energy fees and this would take the burden off of the city for future maintenance and energy fees. Councilmember Hendricks asked why this was being done sooner than other areas of the city. Mr.Grandy answered that here there would be a lot fewer people to deal with and that someone is willing to pay the money to have this done;the developer will provide the underground and then SRP will be instructed to put the facilities out. Councilmember Hagner asked if people there would be assessed a monthly fee the same as other districts and if people know that. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 7 OF 14 Mr.Grandy answered yes,people there will have a monthly fee but he did not know how they will be informed of that.He stated that this improvement would be underground and it is now mandatory in the city for all new subdivisions. Councilmember Durbala asked who would be responsible if a street light burned out. Mr.Grandy answered it would be SRP. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Durbala MOVED THAT RESOLUTION NO.96-04,"DECLARING ITS INTENTION TO CREATE A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA DESCRIBED AS IRONWOOD COVE,A SUBDIVISION,AS RECORDED IN CABINET B,SLIDE 103 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,ARIZONA,"BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.944,AN -1-95,PROPOSED ANNEXATION OF MARICOPA COUNTY PARCEL 220-65-003F )Development Services Director Larry Harmer briefed the council on this item.He described the location of this property being to the west just the other side of the city into Mesa.He stated the units have been purchased to be fixed and opened,and that a letter from the City of Mesa recommending approval was received. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Mr.Jim Wood,property owner, explained that annexation of this property into the city would allow for sewer service. Councilmember Surra asked how this would square off the city boundaries. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 8 OF 14 Mr.Harmer explained that this would not square off the boundaries at this time;that there is potential property in there for annexation in the future;that property owners were contacted about it but no responses were received;and that maybe in the future that could be done. Mayor Coleman inquired about Mesa's city boundaries. Mr.Harmer explained that the City of Mesa annexed a ten -foot strip around an area to secure it for future use and therefore preventing anyone else from doing anything with it. Vice Mayor Richmond MOVED THAT ORDINANCE NO.944 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION;ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Richmond MOVED THAT ORDINANCE NO.944,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 9 OF 14 ORDINANCE NO.945,AN -2-05,PROPOSED ANNEXATION OF THE SAGUARO CANYON MOBILE HOME PARK IN PINAL COUNTY )Development Services Director Larry Harmer briefed the council on this item.He stated that the property is under development and this would be connecting to the sewer system. hearing. Mayor Coleman opened the public (A woman who did not identify herself asked a question -unintelligible.Mr.Harmer answered "no,there is none.") Mayor Coleman asked if there was anyone else wishing to address the council.There being no one else,he closed the public hearing. Vice Mayor Richmond MOVED THAT ORDINANCE NO.945 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION;ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilmember Hagner MOVED THAT ORDINANCE NO.945,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 10 OF 14 OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.96-05,ESTABLISHING AN ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN )City Manager Curtis Shook stated that information from the International City Management Association and the necessary Resolution had not been received.He asked that this item be postponed for the March 4 and March 5 agendas. Councilmember Surra MOVED THAT THIS ITEM BE SKIPPED AND PUT ON ANOTHER AGENDA (MARCH 4 & 5)LATER. Mayor Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. EXPANSION OF THE SMCFD SEWER SERVICE AREA ) )Development Services Director Larry Harmer stated that this item was related to the two previously approved annexations.He explained that usually this item would be considered thirty days after approval of the annexation because that is the appeal period; however,in both of this cases there was a single -owner annexation who has initiated the annexation;that by State law the only way an annexation can be appealed is if you are within the area being annexed,but since there was a single property owner that appeal was not likely to happen. Councilmember Hendricks MOVED THAT PERMISSION BE GRANTED TO THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT NO.1 TO EXTEND SERVICE TO PARCELS NO.103-22-018A (AN -2-95)AND 220- 65-003F (AN -1-95). Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 11 OF 14 TRIAX CABLEVISION )City Manager Curtis Shook stated that pursuant to the tenants of the Cable Reregulation Act of 1994 staff has been in contact with Triax Cablevision regarding concerns over the provision of cable services to the city;that on January 24,1996,a letter from Triax was received where they attempted to make use of a clause in that legislature which would allow them,within three years of the time their agreement with the city would expire,to seek renegotiation of their contract.He recommended that prior to any renegotiation the city obtain citizen comments regarding the provision of cable services in the community.He stated that recently a number of customer complaints were received and there were no local representatives of the cable company to answer those complaints.He recommended having active discussions at council workshop forums and meeting sessions to get public input for the purpose of renegotiation if that were to happen. Councilmember Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TRIAX CABLEVISION AND THEIR ROLE AS CABLE SERVICE PROVIDER:THAT WE ENTER INTO A FORMAT OF GATHERING INFORMATION AS OUTLINED BY THE CITY MANAGER BEFORE WE PROCEED WITH SETTING UP SOME FORM OF MEETING BETWEEN COUNCIL AND STAFF AND CABLE PROVIDER. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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,MARCH 4,1996,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,MARCH 5,1996,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 12 OF 14 ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:28 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of February 6,1996. 3.Recognition of Outstanding Service by City Employees to the Community. 4.Approval of Intergovernmental Agreement with the State of Arizona Department of Public Safety for Mutual Aid in Law Enforcement Statewide Gang Task Force. ACCEPTED THIS 19TH DAY OF MARCH ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH ,1996. Mayor ATTEST: ectilee-x_L4;' KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 13 OF 14 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 20th day of February,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of February,1996. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1996 PAGE 14 OF 14