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HomeMy WebLinkAbout1995-12-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 19, 1995 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 19, 1995, 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 Councilmember Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hagner Councilmember Surra (Councilmember Hendricks was not present.) Staff Present:City Manager Curtis Shook Assistant 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 Planning Manager Jim Nakagawa Associate Planner Rudy Esquivias Associate Planner Kate Morris Others Present:Ruth Raynard, 1265 West Cactus Wren, Apache Junction REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 1 OF 12 Jerry L. Jackson, 1843 West 15th Lane, Apache Junction Dee Jackson, 1843 West 15th Lane, Apache Junction John Williams, 250 South Tomahawk Road #255, Apache Junction Bill Evanko, 3311 North Chestnut, Apache Junction ACCEPTANCE OF CONSENT AGENDA ) Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT ITEM NO. 9 BE POSTPONED UNTIL JANUARY 16, 1996. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms. Ruth Raynard, 1265 West Cactus Wren, Apache Junction, stated that she is in opposition to the proposed Ordinance No.936 regarding the operation of bath houses,massage parlors,and therapy centers.She read into the record a statement written by a group of people who are against Ordinance No. 936. Mr. Jerry L. Jackson, 1843 West 15th Lane, Apache Junction, stated that he is a member of the City's Animal Control Ordinance Review Committee and believes that the City Council should leave the current Animal Control Ordinance as it is written and that the current definition of an "animal at large" should not be revised. Ms. Dee Jackson, 1843 West 15th Lane, Apache Junction, stated that she is a member of the City's Animal Control Ordinance Review Committee and believes that the current Animal Control Ordinance is sufficient but needs to be enforced.She stated that she is opposed to having nonresidents of Apache Junction on the Committee and that there should be no more public meetings on the issue. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 2 OF 12 CITY MANAGER'S REPORT City Manager Curtis Shook reported to the Council that the new Neighborhoods Program is in search of neighborhoods that would like to have Staff and Councilmembers attend their neighborhood meetings. Mr. Shook stated that on February 22, 1996 there would be an Community Economic Development Forum.He asked Mr. Harmer to elaborate on the goals of the forum. Mr. Larry Harmer, Development Services Director, stated that the forum would be held as a preamble to the Town Hall meeting in which the Council would state their goals for the City.He stated that the forum would be educational and beneficial to the City. Mr. Shook stated that the Staff is looking into moving the Parks and Recreation Department into the vacant police department building as well as adding additional offices for the City Clerk, City Attorney, and the Finance Department. PUBLIC HEARINGS APPLICATION FOR CLASS A BINGO LICENSE FILED BY WEAVERS NEEDLE ACTIVITIES ASSOCIATION BINGO ) City Clerk Kathleen Connelly stated that this matter is a routine request for a Class A Bingo License for the Weavers Needle Park.She stated that the applicant is in the audience if the Council had any questions. Mayor Coleman asked if the applicant or a spokesperson would like to address the Council on this matter. Mr.John Williams,250 South Tomahawk Road #255, Apache Junction, stated that he would be the manager for the bingo operation if the Council approves the license and would like approval of the license. Mayor Coleman asked if any Councilmembers had any questions or comments for Mr. Williams.No one responded.He opened the public hearing.There being no one wishing to speak, he closed the public hearing.He asked if the Councilmembers had any discussion or questions.No one responded so he called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 3 OF 12 Vice Mayor Richmond MOVED THAT THE BINGO LICENSE SUBMITTED FOR WEAVERS NEEDLE ACTIVITIES ASSOCIATION BINGO BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE BINGO SECTION. Councilmember Hagner SECONDED THE MOTION. Mayor Coleman asked for a roll call vote. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO. 937,) PZ-95-06, SUNNY LANE ESTATES ) AMENDMENT ) Development Services Director Larry Harmer informed the Council of the history of Sunny Lane Estates and the trends that the Staff has seen in the City regarding recreational vehicle locations wanting to develop into more permanent residence locations. Planning Division Manager Jim Nakagawa informed the Council that the proposed Ordinance No. 937 is a request to amend the zoning at Sunny Lane Estates to CR-3/PD zoning which would allow a reduction of the required side yard setback for a two -car garage from 10 feet to a minimum setback of 5 feet.He informed the Council of the site's history regarding the site's development and amendments to the planned development zoning.He stated that the Planning and Zoning Commission recommended denial of the proposed ordinance. Mayor Coleman opened the public hearing.There being no one wishing to speak, he closed the public hearing.He asked if the Councilmembers had any discussion or questions. Councilmember Hagner stated that she would like to see a garage as opposed to a carport in the area. Councilmember Surra stated that she would like to see garages in the area instead of carports for security reasons. Vice Mayor Richmond asked if the approval of Ordinance No. 937 would mean that all the residents could have their garage within 5 feet of the property line. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 4 OF 12 Councilmember Durbala stated yes. Councilmernber Surra stated that that was true for Sunny Lane Estates. Councilmember Durbala asked if the approval of Ordinance No. 937 would set a precedent for other subdivisions. There was further discussion amongst the Councilmembers regarding this issue. Development Services Director Larry Harmer stated that the Council would have to look at each individual case and does not feel that a precedent would be set if the Council approved Ordinance No. 937. Councilmember Durbala asked what would prevent the two -car garage, if approved, from becoming a bedroom, a den, or a patio. Mr. Harmer stated that the resident would have to have a building permit and meet various codes for that to occur.He stated that the Council could place a condition on the Ordinance that the garages would be maintained as garages and could not be converted for other reasons. Councilmember Barker stated that the request for the reduction of the setback is not an unusual circumstance for the older area of Apache Junction. Mayor Coleman stated that the configuration of the subdivision is unusual.He asked if the Councilmembers had any further discussion or questions.No one responded so he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 937 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hagner SECONDED THE MOTION. Mayor Coleman asked for a roll call vote. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 5 OF 12 City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ALLOWING A PLANNED DEVELOPMENT MAJOR AMENDMENT FOR SUNNY LANE ESTATES SUBDIVISION BY AMENDING ORDINANCE NO. 802; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilmember Barker MOVED THAT ORDINANCE NO.937, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. MOTION. vote. VOTE:In Favor: Councilmember Hagner SECONDED THE Mayor Coleman asked for a roll call Councilmember Barker, Councilmember Surra, Councilmember Hagner, Vice Mayor Richmond, Mayor Coleman Opposed:Councilmember Durbala. The motion carried 5-1. AN -5-95, DISCUSSION AND PUBLIC) COMMENT ON PROPOSED ANNEXATION) OF PARCELS AT THE NORTHWEST ) CORNER OF WEST BASELINE AND ) SOUTH IRONWOOD ) Development Services Director Larry Harmer stated that AN -5-95 and AN -6-95 are being processed simultaneously.He commented that AN -5-95 is the proposed annexation into the City of approximately 80 acres of property immediately at the northwest corner of West Baseline and South Ironwood.He stated that the City has filed two annexation petitions for AN -5-95 and AN -6-95 and explained the process the City needs to follow in order to obtain annexation. Mayor Coleman opened the public hearing.There being no one wishing to speak, he closed the public hearing.He asked if the Councilmembers had any discussion or comments.No one responded. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 6 OF 12 AN -6-95, DISCUSSION AND PUBLIC) COMMENT ON PROPOSED ANNEXATION) OF PARCELS AT THE NORTHWEST ) CORNER OF WEST BASELINE AND ) SOUTH IRONWOOD ) Development Services Director Larry Harmer stated that AN -6-95 is the proposed annexation into the City of approximately 200 acres of property immediately at the northwest corner of West Baseline and South Ironwood. Mayor Coleman opened the public hearing.There being no one wishing to speak, he closed the public hearing.He asked if the Councilmembers had any discussion or comments.No one responded. OLD BUSINESS None. NEW BUSINESS CONSIDERATION AND POSSIBLE AUTHORIZATION TO NEGOTIATE A ) PROFESSIONAL SERVICES CONTRACT ) TO DEVELOP IMPACT FEES AND EXACTIONS FOR NEW DEVELOPMENT ) Larry Harmer stated that this is negotiate a professional services Associates and his consultant Fee/Exaction feasibility study and and exaction options. Development Services Director a request for authorization to contract with James Duncan and team to initiate an Impact the development of specific fees Mayor Coleman asked if the Councilmembers had any discussion or questions for Mr. Harmer. Councilmember Surra asked if part of James Duncan and Associates' fee would include them appearing at the Community Economic Development Forum. Mr. Harmer stated that part of their contract would include some public input sessions,which the Community Economic Development Forum would fall under. Mayor Coleman asked if the Councilmembers had any further discussion or questions.No one responded so he called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 7 OF 12 Councilmember Surra MOVED TO DIRECT THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH JAMES DUNCAN AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $100,000 TO PROVIDE PROFESSIONAL SERVICES NECESSARY TO CREATE A DEVELOPMENT IMPACT FEE/EXACTIONS PROGRAM FOR THE CITY OF APACHE JUNCTION. MOTION. vote. VOTE:Unanimous. The motion carried. CONSIDERATION OF PZ-10-87, SITE PLAN APPROVAL REQUEST Councilmember Hagner SECONDED THE Mayor Coleman asked for a roll call ) Development Services Director Larry Harmer stated that the Council is asked to look at a specific site plan located at the northeast corner of West Superstition Boulevard and North Meridian Drive based on a past condition in zoning requirements regarding buffering, screening, and landscape. Planning Division Manager Jim Nakagawa presented the Council with a full-scale drawing of the proposed site.He stated that Mr. Bill Evanko, the applicant, wishes to establish an RV storage operation at the site.He stated that the Staff would recommend approval of the site plan request. City Attorney Glenn Gimbut asked Mr. Nakagawa if the Council should condition the approval of the request on the posting of an acceptable bond with the City to assure the completion of the improvements on the landscaping. would be any believe that lights in the that was the Mr. Nakagawa stated yes. Councilmember Hagner asked if there 5 -acre area. Mr. Nakagawa stated that he did not case. Councilmember Hagner asked Chief Galloway if no lighting would be an aspect to be taken into consideration. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 8 OF 12 Chief Galloway stated that no lighting at the site should be considered, and he believes there is lighting at the intersection. Mayor Coleman asked if any Councilmembers had any questions or comments for Mr. Evanko. Vice Mayor Richmond asked Mr. Evanko if he feels it would be beneficial to have extra security -type lighting. Mr. Bill Evanko, 3311 North Chestnut, Apache Junction, stated that security lighting is very important and described to the Council what security measures he has in place at his other ministorage facility across the street. Mayor Coleman asked Mr. Evanko how temporary the use of the property would be. Mr. Evanko stated that he does not know that answer, but his use of the property would just be until the owner finds a better use for the property. Mayor Coleman asked if any Councilmembers had any further questions or comments for Mr. Evanko.No one responded so he called for a motion. Councilmember Barker MOVED THAT THE PROPOSED SITE PLAN FOR AN OPEN AIR RV STORAGE FACILITY, SHOWING THE BUFFERING AND LANDSCAPING IMPROVEMENTS REQUIRED BY ORDINANCE NO. 592 (CASE PZ-10-87), FOR THE 5 -ACRE -GROSS, C-3 ZONED PROPERTY AT THE NORTHEAST CORNER OF WEST SUPERSTITION BOULEVARD AND NORTH MERIDIAN DRIVE BE APPROVED CONDITIONAL UPON THE SUBMITTAL OF AN ACCEPTABLE BOND TO INSURE THE COMPLETION OF THE LANDSCAPING. Vice Mayor Richmond SECONDED THE MOTION. Mayor Coleman asked for a roll call vote. VOTE:Unanimous. The motion carried. Councilmember Durbala stated that he was concerned about University Street becoming crowded with storage facilities but feels that it is in the best interest of the City to approve Case No. PZ-10-87. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 9 OF 12 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES EXECUTIVE SESSION REGARDING ) PERFORMANCE EVALUATION OF ) THE CITY ATTORNEY ) Councilmember Barker MOVED THAT AN EXECUTIVE SESSION REGARDING THE PERFORMANCE EVALUATION OF THE CITY ATTORNEY BE HELD ON FEBRUARY 5, 1996 AND FEBRUARY 6, 1996 AT 6:00 P.M. IN THE CITY COUNCIL CONFERENCE ROOM; AND MOVED THAT A SPECIAL MEETING BE HELD ON TUESDAY, JANUARY 9, 1996 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS; AND MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JANUARY 16,1996, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Surra SECONDED THE MOTION. Mayor Coleman asked for a roll call vote. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Richmond stated that on February 4, 1996 there would be an ADL meeting in the police building and that everyone is invited. Councilmember Surra asked who would be sponsoring the meeting. Vice Mayor Richmond stated that the Magistrate Court would be sponsoring the meeting. City Attorney Glenn Gimbut stated that he and Mr. Shook attended a hearing in front of the Arizona Corporation Commission regarding the transfer of assets from Brook Water to the City of Apache Junction for the consolidated system.He informed the Council what occurred at the hearing. ADJOURNMENT at 7:55 p.m. ) Mayor Coleman adjourned the meeting REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 10 OF 12 Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of Minutes of Regular Meeting of December 5, 1995. 3.Approval to purchase pickup truck for the Animal Control Division authorized by the FY 1995-96 budget. 4.Approval of Intergovernmental Agreement between City of Apache Junction and Pinal County regarding construction of Southern Avenue from Weekes Wash to Tomahawk Road. 5.Appointments to fill existing vacancies on Planning and Zoning Commission and the Economic Development Commission. 6.Approval of Award of Bid for F-95-01 to purchase an AS/400 Advanced 36 Computer System to be used by the City of Apache Junction and the Water Utilities Community Facilities District. 7.Approval of ratification of grant application for $20,000 for State of Arizona, Governor's Division for Children to provide funds through the Children at Risk Prevention Program. ACCEPTED THIS 16TH DAY OF JANUARY , 1996, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JANUARY , 1996. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 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 19th day of December, 1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3 day of L4 /24zair-7 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1995 PAGE 12 OF 12 , 1996.