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HomeMy WebLinkAbout1995-01-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 17,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 17,1995,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:05 p.m. INVOCATION Councilwoman Surra gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Coleman Councilwoman Surra Staff Present: Others Present: (Councilman Perkins was absent) Interim 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 Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Robert Hunter,650 E.Montebello Ave.,Apache Junction Jason S.Day (no address given) REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 1 OF 15 Robert Schoose,4650,N.Mammoth Mine Rd., Apache Junction Hux Russell,4650 N.Mammoth Mine Rd.,Apache Junction Dorma Colvin,1371 E.4th Ave.,Apache Junction Jason Morris,40 N.Center St.,Mesa Walter Leo Howard,3710 Goldfield Rd.,Apache Junction Allen McKenzie,3710 S.Goldfield Rd.,Apache Junction Warren Steffey (no address given) Midge Conway,902 S.Ocotillo Dr.,Apache Junction Inus Holt,1003 S.Lawther Dr.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT GEORGE HOFFMAN BE APPOINTED AS CITY REPRESENTATIVE TO THE PINAL COUNTY ENTERPRIZE ZONE COMMISSION. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented certificates to 15 students from Superstition Mt. Elementary School for winning the city's recent park naming contest. Parks and Recreation Director Jeff Bell presented Nick McVicker with a certificate recognizing his work with the department and with the youth of the community. CALL TO THE PUBLIC Mrs.Inus Holt requested that the council consider her request to redesignate her property on Meridian to a commercial designation on the General Plan update. Mr.Robert Hunter addressed the council regarding property damage caused by the sewer district construction crew and failure on the part of the construction company,district personnel and district board to respond to his complaints.He complimented the mayor and council members for their quick response to his phone calls. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 2 OF 15 Mr.David Williams suggested that the one-way access road from Megafoods be reversed to allow the one-way traffic to enter instead of exiting. Mayor Perkins asked Vice Mayor Barker to chair the meeting due to her losing her voice from a cold.Vice Mayor Barker recessed the meeting from 7:30 p.m. to 7:40 p.m. CITY MANAGER'S REPORT Interim City Manager George Hoffman reported on the status of the new city manager recruitment;the financial status;progress of the Library Expansion and the Public Safety building;and preparations for FY 1995-96 budget.He also informed the council on the Rodeo Park project and Lost Dutchman Days event,the rain damage on streets,the community Teen Town Hall for March 23, and the recent death of Public Works Supervisor Rich Madarick. PUBLIC HEARINGS ORDINANCE NO.923,PZ-94-09,REZONING REQUEST BY DOROTHY RAMSEY )Planning Division Mgr.Jim Nakagawa briefed the council on this item.He state the Planning and Zoning Commission recommended approval with stipulations and Planning staff concurred with this recommendations. Mrs.Dorothy Ramsey,P.O.Box 597 in Apache Junction,addressed the council regarding her application. Vice Mayor Barker opened the public hearing.There being no one wishing to speak,she closed the hearing. Vice Mayor Barker asked if this would conform with the General Plan amendment. Mr.Nakagawa replied that it would. Councilman Coleman MOVED THAT ORDINANCE NO.923 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 3 OF 15 City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-94-09 FROM GR,GENERAL RURAL,TO CR-1(MH),SINGLE-FAMILY RESIDENTIAL (CONVENTIONAL OR MANUFACTURED HOMES PERMITTED ON 20,000 SQUARE -FOOT MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.923,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. Councilwoman Richmond SECONDED THE RESOLUTION NO.94-36,SUPPORT FOR WEEKES WASH FLOOD RETARDING STRUCTURE )City Engineer Gordon Grandy briefed the council on this item and referenced the presentation by the Natural Resources Conservation Service (NRCS)at the work session. hearing. Vice Mayor Barker opened the public Mr.Jason Day spoke in opposition stating he has a 40 -acre mining claim in the area. Mr.Robert Schoose,owner of Goldfield Ghost Town,spoke against this item. Mine Rd.,spoke against this item.Mr.Hux Russell,4650 N.Mammoth spoke against this item.Mrs.Dorma Colvin,1371 E.4th Ave., Councilman Coleman asked clarification about this resolution. City Engineer Gordon Grandy clarified that this resolution addressed the primary site and the problems with it. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 4 OF 15 Councilwoman Surra stated she understood that this was to support continuing efforts to design a flood control structure for that area but it would not necessarily be this one. Mr.Grandy explained that this structure could still happen because of the primary location;if it affects the Goldfield Ghost Town,they might need to redesign that part of the dam. Councilwoman Surra asked who will have to decide when this structure is ready to go. Mr.Grandy replied that will have to be a joint decision of the county,the city,and the federal government. Councilman Coleman asked if the city does not support this at the end,can they still go ahead and do it. Mr.Grandy replied they would not continue without local support.He suggested that if the council felt that the issues brought up by the public were insurmountable,the council should withdraw their support of this. Councilman Coleman stated he was not sure the issues were insurmountable because the properties were on the flood plain. Councilwoman Surra stated the council wanted to be equitable and consider a balance nonetheless. problem in bringing a balance. the other alternatives. Mr.Grandy explained there was a Councilman Hendricks inquired about Mr.Don Paulis of NRCS explained that the alternatives depended on how much money the city wanted to partake with the county. City Attorney Glenn Gimbut pointed out the discussion was getting off-track from the resolution's intent which was to support the need for flood control structure along Weekes Wash. Mayor Perkins asked if this area might be confronted with flooding similar to that in the Midwest. Mr.Paulis explained it was not. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 5 OF 15 Mayor Perkins further commented that the flood control structure across Idaho Road has blocked the view from homes in that area. Councilwoman Surra MOVED THAT RESOLUTION NO.94-36,SUPPORTING THE NEED FOR A FLOOD CONTROL STRUCTURE ALONG WEEKES WASH AND RESOLVING THAT THE CITY OF APACHE JUNCTION SUPPORTS THE NEED FOR A FLOOD CONTROL STRUCTURE ALONG WEEKES WASH IN A CONFIGURATION AND AT A LOCATION THAT CAN MITIGATE ENVIRONMENTAL,AESTHETIC AND BENEFIT/COST ISSUES, BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARING ON PROPOSED ANNEXATION AN -1-94 (GOLDEN VISTA RV RESORT) )Planning Division Mgr.Jim Nakagawa briefed the council on this item. hearing. Vice Mayor Barker opened the public Mr.Jason Morris of the law firm of Killian,Nicholas and Fisher,spoke on behalf of Golden Vista RV Resort in favor of the annexation. Golden Vista,spoke in favor. Ave.,a resident in Section 35 Golden Vista spoke in favor. Vista spoke in favor. Mr.Walter Howard,resident of Mrs.Dana Benner,3709 E.Southern proposed for annexation,spoke against. Mr.Allen McKenzie,resident of Mr.Ken Roger,resident of Golden (This was a public hearing only and no council action was required at this time. RESOLUTION NO.94-34,GPA-94-01, GENERAL PLAN UPDATE )Planning Division Mgr.Jim Nakagawa briefed the council on this item.He stated the Planning and Zoning REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 6 OF 15 commission recommended approval of this with changes and Planning staff was also offering changes,which he explained. Mayor Perkins opened the public hearing. Mr.Warren Steffey,with business address at 6750 E.Main Street in Mesa,stated he owned property at the northwest corner of Ironwood and Baseline and asked the council to consider designating that area for mobile home park development. Mr.Neil Houck,chairman of the General Plan update task force,briefed the council on the work they accomplished. Interim City Manager George Hoffman asked about Mrs.Holt's request at Call to the Public. Mr.Nakagawa explained that Mrs. Holt's asked the General Plan update task force to consider redesignating her property on Meridian to commercial in the proposed General Plan,but they did not do it and maybe the council would want to consider that.He stated he believed Mr.Esquivias informed Mrs.Holt that perhaps she may submit a request for the next amendment which would be considered at a future cycle. Councilman Hendricks asked when that would be. Mr.Nakagawa replied it would be in March or April and then the council would consider it a month later. City Clerk Kathy Connelly clarified that Mr.Esquivia's letter to Mrs.Holt indicated that she could at this time request the council to consider the redesignation of not only her property but adjacent ones as well,and the rezoning she would have to initiate on her own, and it could be done,if the council chose to redesignate those properties in conjunction with the General Plan tonight. Mr.Esquivias confirmed that. City Attorney Glenn Gimbut explained that Mrs.Holt used to operate a beauty shop business on her property as a lawful preexisting non -conforming use but the business ceased operation for over a year and then it lost its lawful status;that is why Mrs.Holt is looking to the General Plan to allow for the rezoning of her property. The council discussed the possibility of designating that area as commercial because of other small businesses nearby. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 7 OF 15 Mr.Nakagawa explained that since the original General Plan,they knew there would not be an off -ramp from the freeway on Meridian to carry the traffic to support commercial use along Meridian,so they decided not to encourage commercial zoning for that area. He pointed out that on the west side of Meridian there are mostly mobile home parks. Mayor Perkins commented that a beauty shop would benefit the people in those mobile home parks. variances. would not apply in this case. Councilwoman Richmond asked about Mr.Nakagawa explained a variance Vice Mayor Barker noticed that property on the north side at Broadway and San Marcos was being changed from commercial to residential and that it seemed to her the location would be better suited for a small convenience store. Mr.Nakagawa explained that commercial activity is usually located at the intersection of arterial collector streets rather than mid -section collector streets which is San Marcos. Associate Planner Rudy Esquivias briefed the council on the recommendations from the task force and the ones from the Planning and Zoning Commission. Councilwoman Surra MOVED THAT RESOLUTION NO.94-34,"APPROVING GENERAL PLAN AMENDMENT CASE GPA-94-01,A CITY COUNCIL -INITIATED MAJOR UPDATE TO THE 1987 GENERAL PLAN,AMENDING AND UPDATING THE LAND USE PLAN AND AMENDING AND STREAMLINING THE PLAN'S GOALS AND OBJECTIVES SECTION,"BE APPROVED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 8 OF 15 NEW BUSINESS CONSIDERATION OF CITY ATTORNEY CONTRACT ) )Councilwoman Surra MOVED THAT THE CURRENT CITY ATTORNEY EMPLOYMENT AGREEMENT NOT BE RENEWED AT THIS TIME AND THAT NEGOTIATIONS PROCEED FOR A NEW EMPLOYMENT AGREEMENT WITH AN EFFECTIVE DATE OF JULY 1,1995. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.95-01,AMENDING EXISTING CDBG GRANT NO.148-92 TO PROVIDE A SEWER HOOK-UP PROGRAM )Housing and Grants Coord.John Flumerfelt briefed the council on this item. Councilwoman Surra was concerned with stipulating a flat dollar amount before knowing what the exact cost is going to be per household. Mr.Flumerfelt explained that i t would be convenient for administrative purposes only but they do not know yet what the fees will be. Councilwoman Surra suggested to not give a flat amount but instead an approximate figure so that people get just what they need and not end up with extra money. Councilman Hendricks agreed. Mr.Flumerfelt explained that the money will not be handed to the homeowners. City Attorney Glenn Gimbut pointed out that the resolution already stated that "the maximum allowable financial assistance is $2,000." Councilwoman Richmond MOVED THAT RESOLUTION NO.95-01,AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO COMMERCE CDBG CONTRACT #148-92 AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT, BE APPROVED. MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 9 OF 15 Councilwoman Surra SECONDED THE VOTE:Unanimous. The motion carried. PROGRAM GUIDELINES FOR PROPOSED SEWER HOOK-UP PROGRAM )Housing and Grants Coord.John Flumerfelt stated that the qualifications for this program will be based primarily on the lowest -percentage bracket of income and residence within the city limits.He explained some other considerations. City Engineer Gordon Grandy stated it was important to clarify what the fee will be for. Mr.Flumerfelt explained that the cost will capture the real cost that homeowners would have,which will be the abandonment of the old system,the connecting lines,and the prorated share for treatment of the system.He stated that because the sewer hook-up fee has changed at different stages of the project this program may not cover the cost entirely but it will help cover a big amount. Councilwoman Surra MOVED THAT WE APPROVE THE SEWER HOOKUP PROGRAM PLAN AND GUIDELINES OF CDBG CONTRACT #148-92. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. MODIFICATION OF GUIDELINES FOR HOUSING REHABILITATION PROGRAM AS FUNDED BY CDBG CONTRACT NO.148-92 )Housing and Grants Coord.John Flumerfelt briefed the council on this item. Councilman Hendricks MOVED THAT WE APPROVE AMENDMENT TO HOUSING REHABILITATION PROGRAM GUIDELINES TO ALLOW REHABILITATION OF DWELLINGS LOCATED IN 100 -YEAR FLOOD PLAIN. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 10 OF 15 AGREEMENT WITH ARIZONA EARLY DAY GAS ENGINE AND TRACTOR ASSOCIATION AND THE CHAMBER OF COMMERCE FOR EXCHANGE OF SERVICES INVOLVING USE OFRODEO GROUNDS AND FUNDING ASSISTANCE FOR PERIMETER FENCING ) )Parks and Rec.Director Jeff Bell briefed the council on this item. Councilwoman Richmond MOVED TO AUTHORIZE THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ARIZONA EARLY DAY GAS ENGINE AND TRACTOR ASSOCIATION AND THE CHAMBER OF COMMERCE FOR AN EXCHANGE OF SERVICES INVOLVING USE OF THE RODEO PARK AND FUNDING ASSISTANCE FOR PERIMETER FENCING. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARD OF BID FOR RODEO PARK FENCING )Councilwoman Richmond MOVED TO AWARD PROJECT NO.PR -04-03 FOR THE RODEO PARK FENCING TO AMERICAN FENCE COMPANY FOR THEIR BID IN THE AMOUNT OF $27,863.00. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REQUEST FROM CAAG FOR $2,700 FEE INVESTMENT FOR FY 1995-96 )Interim City Manager George Hoffman briefed the council on this item and introduced Ms.Nancy Mercanti of CAAG to further brief the council. Ms.Nancy Mercanti,committee development planner for CAAG,further briefed the council on their request for $2,700. Vice Mayor Barker asked if this was a one-time only deposit to the revolving fund. Ms.Mercanti confirmed that and explained that cities could also be assessed an additional $1,000 a year.She explained that it would cover expenses for work already done by CAAG on REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 11 OF 15 applications later withdrawn by some entities when they find out they are not eligible for funds;that way the $2,700 would remain intact.She added that this method of distribution and the assessment of $1,000 will be submitted to the Regional Council for consideration on January 25,1995. Councilwoman Surra MOVED TO APPROVE A REIMBURSABLE EXPENDITURE IN THE AMOUNT OF $2,700 FOR FISCAL YEAR 1995-96 FOR TECHNICAL ASSISTANCE APPLICATION PREPARATION SERVICES THAT CMG PROVIDES DURING THE CDBG APPLICATION PROCESS AND TO AUTHORIZE THE MAYOR TO VOTE ACCORDINGLY AT THE REGIONAL COUNCIL MEETING ON JANUARY 25,1995. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS POSSIBLE CREATION OF AND RECRUITMENT FOR POSITION OF ASSISTANT CITY ATTORNEY )Vice Mayor Barker allowed a member of the public to address the council about this item. Mrs.Midge Conway,902 S.Ocotillo, spoke against this item. City Attorney Glenn Gimbut stated that Councilman Perkins has expressed interest in the creation of this position and the subsequent elimination of the contract for a city prosecutor. He further briefed the council on this item. Councilwoman Surra asked how much it was a year for a city prosecutor. Mr.Gimbut answered he believed it was $65,000. Councilwoman Surra asked how much it would be a year for an assistant city attorney who would be covering those same services. Mr.Gimbut answered he did not pencil it out but the salary would include the cost for benefits.He figured it would be a difference of about $10,000 to $15.000 or $75,000 to $80,000 a year.He explained that growth is spreading towards this area and having that extra help would be good. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 12 OF 15 Councilwoman Surra asked how this extra help would assist the city with savings in risk management costs. Mr.Gimbut answered that it was hard to measure it but with more time the legal research would be of better quality. Councilwoman Surra asked if there would be someone with the right expertise as an assistant city attorney who would be able to cover both areas of civil and criminal law. Mr.Gimbut explained that it would be possible to find someone with the combined experience. Councilwoman Surra was concerned that this position would be used for training and that the city would have a problem retaining someone. Mr.Gimbut answered that could happen,however,others have been able to keep their people for a number of years. Mayor Perkins asked where in the complex would this person be located since there was no space available. Mr.Gimbut answered there will be space either in the old Department of Public Safety building or the Magistrate Court building when they move.He mentioned this position would come into place for the next budget year. Councilman Coleman stated he liked the current method of contracting the prosecutor services. Mayor Perkins agreed. Councilwoman Surra MOVED TO GIVE NO DIRECTION REGARDING CREATION AND RECRUITMENT FOR POSITION OF ASSISTANT CITY ATTORNEY AT THIS TIME. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 13 OF 15 SELECTION OF MEETING DATES,TIMES.LOCATIONS,AND PURPOSES Councilman Hendricks MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,FEBRUARY 6,1995,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,FEBRUARY 7,1995,IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Planning Division Mgr.Jim Nakagawa informed the council that the county Human Resources Department was hiring census workers. City Clerk Kathy Connelly reminded the council that the next public meeting of the Water Utilities Communities Facilities District Board would be on January 23,1995,at 6:15 p.m.at the Chamber of Commerce. Councilman Coleman informed the council that on February 6 there will be a meeting of the League of Cities and Towns Executive Board. ADJOURNMENT )Mayor Perkins adjourned the meeting at 9:40 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of December 20,1994. 3.Appointment of city representative to the Pinal County Enterprize Zone Commission. ACCEPTED THIS 7th DAY OF February ,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8th DAY OF February ,1995. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 14 OF 15 ATTEST: KATHLEEN CONNELLY City Clerk 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 17th day of January,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of January,1995. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,1995 PAGE 15 OF 15