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HomeMy WebLinkAbout1995-02-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 21,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 21,1995,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 7:08 p.m. INVOCATION Councilwoman Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Hendricks led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present: Others Present: Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy 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 Carol Hunter,11145 E.Broadway,Apache Junction Phyllis Scalf,P.O.Box 20174,Mesa. Mike Alltop,1059 S.Hilton Rd.,Apache Junction Midge Conway,902 S.Ocotillo,Apache Junction Wanda Baucum,2602 W.Cody,Apache Junction John Pein,6326 E.10th Ave.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 1 OF 15 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Carol Hunter,representing the Lost Dutchman Kennel Club,asked the council to allow a re -write of the city kennel regulations. Phyllis Scalf,representing the Lost Dutchman Kennel Club,asked the council to allow them to work with staff on a re -write of the city kennel regulations. Mike Alltop spoke against changing the permitted uses in the GR zone and asked council to direct staff to re -write the city kennel regulations. Midge Conway complimented the city on the good paving job done in Apache Villa;she thanked the mayor and council for their efforts to work with the citizens;and she recommended that the police and library buildings be dedicated to the public and thanked them for putting the public's recognition on the dedication plaques. Wanda Baucum spoke to the council on an attack on her dog by a vicious dog in her neighborhood and wanted to know why the dog was returned to the owner. John Pein,representing the Superstition Horsemen's Association,spoke against any changes to the GR regulations that would take away from private property rights. CITY MANAGER'S REPORT Interim City Manager George Hoffman briefed the council on contacts made with the Arizona Supreme Court regarding their report on the Magistrate Court. Mr.Hoffman reported that street lights installation by SRP in Apache Villa will be March 10-17;that the size of sewer pipes was confirmed to be appropriate according to Bruce Kolinski,project engineer for the sewer district.He commended Parks & Recreations and Public Works for their work on the rodeo grounds for Lost Dutchman Days.He reported that Pinal County is REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 2 OF 15 having a difficult time recruiting workers for the mid -decade special census and encouraged the public to participate;and briefed the council on a joint drug bust operation by the Department of Public Safety and the City of Apache Junction. PUBLIC HEARINGS RESOLUTION NO.95-05 -PALM SPRINGS STREET LIGHT DISTRICT (SLID 9304-1) )City Engineer Gordon Grandy briefed the council on this item. Councilwoman Surra was concerned that the preliminary location map for the lights was permanent. Mr.Grandy explained that it was not and that whenever SRP contacts people to obtain the easements for the lights they can request changes,but SRP will only contact one of two property owners and if the one agrees to give the easement,the other does not have a say on that. Councilman Coleman asked if the fees for this will be collected with the property taxes. Mr.Grandy confirmed that. Vice Mayor Barker MOVED THAT RESOLUTION NO.95-05,"AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS PALM SPRINGS SUBDIVISION UNITS 2,3,4,7,10,11,12,14,AND OTHER UNSUBDIVIDED AREA DEFINED AS PARCELS 297,298,AND 299 FOUND ON PINAL COUNTY ASSESSOR'S MAP NUMBER 102-03,1 OF 6,PINAL COUNTY,ARIZONA"BE APPROVED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS BID FOR PROJECT NO.PR -94-02 PROSPECTOR PARK PHASE III REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 3 OF 15 )Parks and Recreations Director Jeff Bell stated that all bids received exceeded the amount allocated for this project and recommended that they be rejected.He added they will try to do part of this project with in-house help and go out for bid for the rest. Councilman Hendricks MOVED THAT ALL BIDS FOR PROJECT NO.PR -94-02 FOR PROSPECTOR PARK PHASE III BE REJECTED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. MAIN STREET,INC.INFORMATION ON DESIGN REVIEW GUIDELINES,FACADE GRANT PROGRAM, AND OTHER PROJECTS )Interim City Manager George Hoffman introduced Mr.Tony Vehon to speak to the council. Mr.Tony Vehon,Main Street interim president,briefed the council the plans they had for a survey on design review standards.He stated they decided that the survey would give the same results obtained previously by other groups which is basically that people are in favor of a community with a southwestern look.Then Main Street and the Chamber of Commerce can work on other projects. Mr.Vehon updated the council on their main street facade program.He stated that Main Street discovered that new businesses tend to ask if there is a design criteria for new buildings,so maybe the city should establish that criteria. Vice Mayor Barker asked clarification on the survey. Mr.Vehon explained that the survey was designed by ASU and the Department of Commerce and it was rather ludicrous for this community,so they decided not to spend the city's money on a survey that would result in something that everybody already knows.He explained that Main Street's mission is to revitalize the downtown by helping existing businesses and bringing new ones and to help increase tax dollars so that the city can do more things. Councilman Hendricks asked if that is going to require more money from the city. Mr.Vehon answered no and explained that Main Street is trying to get the C3 status from the IRS which would allow REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 4 OF 15 them to apply for other types of funding so that they do not have to depend on the city alone. Vice Mayor Barker recalled that Main Street already presented to the council a list of projects to be done this year,which included the median,the friendship park,etc. Mr.Vehon replied that they have worked mostly on the park and Main Street has sent a letter to the council regarding "friendship square";that would include additional trees,shrubbery, flowers,and a shaded sitting area;once that is in place,they will move up the work on the median. Councilman Hendricks suggested that they work first on the areas that are not landscaped yet. Mr.Vehon explained that the reason for concentrating on the park was mainly because of preliminary work already done by city staff,Department of Commerce,and Main Street;but work there cannot continue without some engineering work by the city.He added that they could move to other areas in the median but this would also require some design work by engineering. Mr.Vehon informed the council about the Department of Commerce report on main street improvements which included the following changes:slowing down the current speed limit,reducing the number of lanes from six to four,changing the timing of the street lights for pedestrians,because the present conditions of downtown are not conducive to foot or bicycle traffic. Councilwoman Surra commented she was not sure that reducing the number of lanes would be practical. Mr.Vehon replied they could either help traffic go through quickly or slow it down so that they can see what businesses are available in the city,but the first one will not provide the sales tax needed. Councilwoman Surra asked if Main Street had a proposal. Mr.Vehon replied they already made a proposal in a letter they sent to the city and they are waiting for a response. City Engineer Gordon Grandy suggested to look at traffic engineering on Apache Trail at the next work session. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 5 OF 15 Councilwoman Surra inquired about the grant for some trees. Mr.Vehon replied that the city was handling the grant applications. Interim City Manager George Hoffman stated that the grant applications were submitted for review and that was going to take time and they did not know how long. Mr.Vehon asked that if the council was not interested in friendship park at the moment but on the median,they need to clarify their direction to Main Street. Mr.Hoffman inquired about their financial assessment for the park concept. Mr.Vehon replied it would be about a hundred thousand dollars. Vice Mayor Barker stated the council already looked at those estimates once before. Mr.Grandy reminded the council that the funding source was an ADOT grant of over $200,000;that the three elements of the proposal were landscaping of the median,friendship park,and two more entryway signs.He stated that the signs are almost finished and explained that the reasons why the median and the friendship park have been postponed was that engineering has not had the time to help with the designs. City staff explained to the council that they have been busy working on other city projects and not being able to help Main Street with theirs. financial assessment for the park concept. a hundred thousand dollars. Mayor Perkins suggested that Main Street try to get help from somebody else. Mr.Vehon replied that the council's original direction to Main Street included help from city staff and that was the direction they were going. Mayor Perkins was concerned with losing the grant money and recommended to get somebody else to do the work that needs to be done in order to continue. Mr.Vehon explained that hiring somebody is going to cost money;that will try to get help from the state but if they cannot get it and since Main Street does not have the money,they will have to come back to the city for that. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 6 OF 15 Mayor Perkins asked if there were any estimates for water and electricity in the median. Mr.Vehon replied he did not know: that all they have right now is conceptual drawings and they needed detailed drawings before they can go further with it. The council,staff and representa- tives of Main Street further discussed the work already done on some of the projects and the problems with progress. Vice Mayor Barker asked what needed to be done in order to continue with the park. Mr.Grandy replied that engineering drawings were needed for the bid specifications to go out and that they were closer to doing the drawings for the park than for the median. Councilman Perkins suggested reallocating the funds to hire an architect to do the drawings for both the park and the median so that they can go out for bids and then proceed to finish one them,which seems to be the park. Vice Mayor Barker agreed. Mr.Hoffman asked for an estimate on hiring an architect. Mr.Grandy estimated it would be about $16,000. Councilman Hendricks asked if Main Street has provided their reports to the council as agreed. Mr.Vehon replied they were late with their report and explained the reasons why that happened. Mr.Bob Debow asked the council to allow Main Street to concentrate only on the park rather than both the park and the median,and let them come back with estimates for that one. Councilman Perkins suggested they should get bids on both projects and find out how much they are going to cost, and then decide on one of them. hiring an architect. about $16,000. Mr.Hoffman inquired about the cost for landscaping architecture for two miles of the median. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 7 OF 15 about $20,000. Mr.Grandy replied that could be Parks and Rec.Director Jeff Bell explained that the median work involves more than just landscaping so it may cost more money.He suggested to consider all things involved in the median at once later on and proceed now with doing the park. The council further discussed this issue and decided to continue it at the next work session. Councilman Coleman MOVED TO SCHEDULE THIS ITEM FOR THE MARCH 6 WORK SESSION. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 8:44 p.m.The meeting resumed at 8:55 p.m. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS ACKNOWLEDGEMENTS ON BUILDING DEDICATION PLAQUES )Councilman Coleman decided,based on public comment and the fact that the Library extension plaque was not budgeted,not to place a plaque on either building.He added that a dedication plaque to the citizens of this community would be stating the obvious. Mayor Perkins concurred with Councilman Coleman and suggested to dedicate verbally the buildings to the community at the time of the opening. Councilwoman Surra pointed out the building needed to include the year it was built. The council concurred with that. Councilwoman Surra RECOMMENDED TO INCLUDE THE DATE ON THE PUBLIC SAFETY FACILITY AND NOTHING ON THE LIBRARY EXPANSION. Vice Mayor Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 8 OF 15 VOTE:Unanimous. The motion carried. PERMITTED USES IN THE GENERAL RURAL ZONE ) )Councilman Hendricks stated that people from the real estate industry are concerned about the various things permitted in the GR zone such as field crops,crop gardening,tree crops, flower gardening and plant nurseries,aviaries,raising and marketing of poultry and rabbits,and public services such as church,museum,library, community service agencies,fair,carnival,circus or a tent show.He suggested that maybe some of these could be considered for conditional use permits and some could be limited in size. designated as GR and its uses. explained that. mobile homes in GR. The council inquired about the land Planning Division Mgr.Jim Nakagawa The council discussed animals and Councilman Hendricks stated that people only wanted removed some of the things he listed and which are currently allowed in GR. Vice Mayor Barker suggested that perhaps changing the GR zone with R1-43 would solve some of the issues. Councilman Coleman asked if the city required a permit for those things that were mentioned. City Clerk Kathy Connelly answered no. Councilwoman Surra suggested that if GR and R1-43 have some of the same uses,maybe they could change the permitted uses instead of changing the designation. City Attorney Glenn Gimbut suggested to continue allowing some of the uses in appropriately large parcels but to limit the uses through conditional use permits in inappropriately smaller parcels.He stated the GR designation would not have to be changed but it would need to include that certain categories are fine for forty acres of land or more,but for less than that a conditional use permit would be required. Councilwoman Surra suggested to ask staff to redraft the permitted uses for review. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 9 OF 15 Councilman Perkins suggested that perhaps changing the GR zone to R1-43 zone would be easier to eliminate some of the unwanted uses in the residential district. Mr.Nakagawa stated it would be easier to make the changes in the GR zone,as suggested by the city attorney: identify the primary uses and the conditional uses.He added that changing the zoning from GR to R1-43 would be very expensive. The council discussed the issue further and agreed to review the permitted uses in the GR zone.They discussed a possible direction to staff and what it might include.They addressed the uses of concern on Councilman Hendricks's list and discussed the possibility of having some of them as a conditional use permit and even taking some of them out since they are already allowed in commercial or industrial areas. Councilwoman Surra MOVED THAT STAFF BE DIRECTED TO FIND SOME OTHER FORMAT FOR PERMITTED USES IN THE GR ZONE AS DISCUSSED BY THE COUNCIL. MOTION. VOTE:In favor: Councilwoman Richmond SECONDED THE Councilman Perkins,Vice Mayor Barker, Councilwoman Richmond,Councilwoman Surra, Councilman Hendricks,Mayor Perkins. Opposed:Councilman Coleman. The motion carried. DEVELOPMENT IMPACT FEES ) )Planning Division Mgr.Jim Nakagawa briefed the council on this item. Mayor Perkins was concerned that having an impact fee would curtail the city's development. Interim City Manager George Hoffman explained that according to Mr.Steve Kemp,who addressed the council on February 6,that will not happen. Councilman Perkins explained that impact fees could improve the quality of development. Councilman Hendricks stated that most developers are used to paying those fees in other communities. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 10 OF 15 Mr.Hoffman recalled from the presentation that when that money is reinvested in capital facilities you give the developer something to market. Vice Mayor Barker stated that this would not curtail growth but rather control the city's growth;that impact fees seem rather common and they are used to control growth. Councilman Coleman stated that the fees would help maintain the services that will be required by imminent growth. Councilwoman Surra asked if the fees could also be used for off-street improvement. Mr.Hoffman confirmed that. Councilman Perkins MOVED TO DIRECT STAFF TO DEVELOP A REQUEST FOR PROPOSALS INVITING CONSULTANTS TO SUBMIT PROPOSALS FOR DEVELOPING AN IMPACT FEE ORDINANCE. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. POSSIBLE AMENDMENTS TO KENNEL REGULATIONS ) )City Attorney Glenn Gimbut stated that at the last work session the council heard some people who expressed their concerns regarding pitbulls and the breeding of show dogs and current animal regulations,and that the council seems interested in reviewing the animal control ordinance.He recommended that until the council is ready to consider any amendments the current ordinance should be enforced. Chief Galloway stated that Lost Dutchman Kennel Club representatives have suggested the formation of a committee from the several interest groups to get public input on the issues and form a consensus on possible amendments. Councilwoman Surra inquired about the time that could take. Chief Galloway replied from two to four months. Councilman Perkins suggested that the police department coordinate that committee. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 11 OF 15 Chief Galloway agreed. Councilwoman Surra MOVED THAT STAFF BE DIRECTED TO COORDINATE THE COMMITTEE'S WORK AND THAT THE CURRENT ORDINANCE BE ENFORCED IN THE MEANTIME. Councilman Coleman SECONDED THE MOTION. Vice Mayor Barker verified that the views from people with two or three dogs will also be included. VOTE:Unanimous. The motion carried. MANUFACTURED HOUSING )Planning Division Mgr.Jim Nakagawa reminded the council that Planning and Zoning Commission raised the issue of whether the city should establish conditions to further allow manufactured home development.He stated that the council directed staff to look at all the possible options recommended by the commission and to provide thorough information as well,and that staff has been doing that. Vice Mayor Barker commented that she has received so much information that she cannot find the time to read it all. Councilwoman Surra stated that a lot of that is a duplication from the various sources and that i t is not necessary for the council to get all that. Interim City Manager George Hoffman suggested that staff summarize that information into alternative approaches for handling further development of manufactured homes. Mr.Nakagawa replied that is what they are planning to do. Councilwoman Surra MOVED TO DIRECT STAFF TO DISTILL ALL THE INFORMATION OBTAINED AT THIS POINT AND FORMAT IT INTO TRENDS AND POSSIBLE OPTIONS FOR FITTING IN WITH WHAT IS HAPPENING AROUND US TODAY. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 12 OF 15 CITY SALES TAX )Mayor Perkins was interested in having staff research the impact and alternatives on possible reduction in city sales tax.She suggested to consider a city owned trash pickup service as a source of revenue in order to be able to reduce the sales tax.She asked that the council direct the city attorney to research the legality of doing that. Councilwoman Surra stated they would need to create other revenue sources to balance the reduction of sales tax, because the city cannot reduce public services. City Attorney Glenn Gimbut stated that he could do the research but there are other issues involved in that than just being a possible source of revenue.He explained that the City of Phoenix is under a legal challenge for restricting the rights of commercial carriers to do business in Phoenix and that there are also environmental issues involved. Councilman Perkins pointed out that staff looked into this issue about a year ago and that this is an ongoing task,to be looking at alternative methods to increase revenues in order to bring the city sales tax more in line with the other communities. Vice Mayor Barker agreed. Mayor Perkins stated that the council should let the people know they are doing that. Vice Mayor Barker RECOMMENDED TO CONSIDER THIS ISSUE IN THE FORM OF AN UPDATE FROM STAFF,SINCE THEY HAVE ALREADY LOOKED AT THIS IN THE PAST. Councilman Coleman SECONDED THAT. City Clerk Kathy Connelly clarified that direction to staff would be to proceed with updating the council with information gathered in the past regarding alternative revenue sources and also provide information on the financial impact on incremental reductions in the sales tax. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 13 OF 15 MONDAY,MARCH 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,MARCH 7,1995,IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 10:32 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. Councilwoman Surra SECONDED THE )Mayor Perkins adjourned the ACCEPTED THIS 7TH DAY OF MARCH ,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF MARCH ATTEST: KATREEN-CONNE City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 14 OF 15 ,1995. 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 21st day of February,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of February,1995. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 21,1995 PAGE 15 OF 15