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HomeMy WebLinkAbout1993-05-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 4,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 4,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eidson led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Works Rich Broman Planning Division Manager Jim Nakagawa Associate Planner Rodney Class -Erickson Parks & Rec.Director Jeff Bell Library Director Pam Loui Midge Conway,902 S.Ocotillo,Apache Junction Gary Mulholland,215 W.17th Ave.,Apache Junction John Pein,6326 E.10th Ave.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 1 OF 13 THAT RESOLUTION NO.93-12,SUPPORTING THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS AND ITS PURSUIT OF BEING DESIGNATED AN ECONOMIC DEVELOPMENT DISTRICT ENCOMPASSING GILA AND PINAL COUNTIES,BE APPROVED;AND THAT MEMORANDUM OF UNDERSTANDING AND ADMINISTRATIVE ORDER IN THE MATTER OF CLASSIFIED SERVICE PERSONNEL OF THE CITY OF APACHE JUNCTION MAGISTRATE COURT, BE APPROVED AND RATIFIED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Proclamation designating May 16-22,1993 as "National Public Works Week," was read by City Clerk Kathy Connelly and presented by Mayor Damiano to Public Works Director Richard Broman. Mayor Damiano informed the Council that he and City Manager Mike Lee attended the 6th Pinal County Town Hall in Casa Grande on April 28-30,1993. CALL TO THE PUBLIC Mr.John Pein,6326 E.20th Avenue,addressed the Council on the rodeo grounds and the trail system that is being considered by the Parks and Recreation Commission for funding and development.He supported Mr.Gary Mulholland's request at the last Council meeting for contingency funds to develop the rodeo grounds and stated there is a need to provide facilities for the youths and the residents of this community.He stated that in 1990 the University of Arizona conducted an equine impact study for the State of Arizona;that there are 86,000 pleasure horses in Arizona and many are in this side of town;that people who do not own pleasure horses spend $11.5 million dollars on horse shows and spectators spend $7.5 million dollars each year, and this money can be translated for the City,the businesses,and it can help fund and perpetuate a rodeo ground.He quoted words from a Planning and Zoning commissioner in reference to the rodeo ground,Prospector Park,and the trail system,who favored the spending of funds in "other areas of the city". He asked the Council to favor Parks and Recreation request of $100,000 for the trail system and the rodeo grounds. Mr.Gary Mulholland,215 W.17th Ave.,a Parks and Recreation Commissioner,addressed the Council emphasizing the recommendations of the Commission on the rodeo park,the multiuse trail system,Prospector Park, swimming pool improvements,and school parks complexes.He expressed concern that members from other commissions would overlook Parks and Recreation Commission recommendations to the Council and stated he wished that their REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 2 OF 13 input would have been at meetings of the Commission where it would have been fairly considered.He asked the Council to support the Commission's recommendations and consider that these were made with the citizen's input. CITY MANAGER'S REPORT City Manager Mike Lee recognized Public Works Director Richard Broman as Region 7 Director designated by the American Public Works Association. Mr.Lee updated the Council on the monthly financial report from Finance. PUBLIC HEARINGS RESOLUTION NO.93-06,GPA-93-02,CITY- INITIATED GENERAL PLAN AMENDMENT )Planning Division Manager Jim Nakagawa briefed the Council on this item stating this proposal would allow any number of General Plan amendments to be considered at any time of the year.He stated that on March 23 the Planning and Zoning Commission recommended approval of this proposal,supported by Maricopa County,City of Mesa,Dept.of Commerce and opposed by the Superstition Horsemen's Association. Mrs.Midge Conway,902S.Ocotillo Drive,spoke against this item.She stated that the purpose of the General Plan was to guide the growth of Apache Junction and not to change i t for every developer or realtor who ask for a change fora personal interest. Mrs.Annabelle Richards,2512 E.4th Avenue,spoke on behalf of the Superstition Horsemen's Association against this item. Mr.Richard Taylor,616 S.Saguaro Drive,spoke against this item.He mentioned that Town of Gilbert went back to its General Plan amendments of every two years;so people can build a house there and not worry about what is going to be built in the next month or two. Mr.John Pein,6326 E.20th Avenue, commented that the General Plan Update Task Force is a good course for representation of the people in this community and asked the Council not to vote on this item until the task force comes back with their recommendations. Mr.Neil Houck spoke against this item. Mr.Paul Connolly,1935S.Cactus Road,a realtor and developer,stated he is not against General Plan amendments once or twice a year;but from :a business stand point,there should REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 3 OF 13 be a mechanism like an ordinance or another device for whenever the General Plan needs to be changed quickly to accommodate big development. Mrs.Midge Conway stated she would not object to a large outfit coming to Apache Junction and suggested to have a stipulation that in order to have the General Plan changed,they put up $5,000 to $10,000 in advance. Mrs.Nancy Koerner,1026 N. Goldfield Road,asked how long does it take for someone to have a hearing after they apply for an amendment with the half -a -year requirement. Mr.Nakagawa answered that our time frame for processing General Plan amendments is similar to that of City of Mesa,which is between 120 to 180 days. Mrs.Koerner asked if that is the normal time that any other city would require. that i t is. Mr.Nakagawa answered he suspects Mrs.Koerner asked how it would be more expedient by changing the amendment process. Mr.Nakagawa answered that what Mr. Connolly was getting at is that if a company missed that window of opportunity to file for a General Plan amendment application,they would have to wait for the next cycle. only be six months. Mrs.Koerner replied that it would Mr.Nakagawa stated that under the current schedule that would be true,but if it were reverted to once -a -year time frame,it may be lengthier. Mrs.Koerner stated that the proposal is asking for any time during the year instead of every six months. Mayor Damiano asked if there was anyone else wishing to speak on this item;there being no one else wishing to speak,he closed the public hearing. Councilwoman Alger stated that this proposal was considered before the General Plan Update Task Force was assigned,only as a temporary measure and to alleviate problems in some areas where commercial development wanted to come in;it was not to be done on residential areas;and it was until the General Plan review process was REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 4 OF 13 finished to reflect the changes on Idaho and Ironwood particularly.She agreed that residential areas need not to be changed,but we need a process to allow small businesses to locate along Idaho or Ironwood,which are busy streets,which are not going to be residential areas,but they are now.She added that speeding up the process for those businesses is one of the few incentives we have to offer in our community.She stated she would like to have a way to separate the commercial and residential review process. City Attorney Glenn Gimbut stated that one method to allow for certain permanency and yet allow for flexibility would be an administrative ordinance for General Plan applications and amendments with restrictions and conditions that the Council wishes to adopt. He added that any amendment would have to go through the steps of the process and even if it is filed within the window period,it could take from ten months to a year to be completed.He stated this ordinance would address simply administration and not whether an amendment should be adopted or not, or the legal process of the requirements to change the plan. Councilwoman Barker asked if such an ordinance would need to go through this resolution process. Mr.Gimbut answered that if the ordinance is merely an administrative one,no:if it is made a part of the General Plan,yes:and to change the General Plan takes statutory procedures. Councilwoman Barker asked if the Council would wish to have a different time limitation on commercial use than on residential for General Plan amendments,could this be done strictly through ordinance and would not have to go through this resolution process. Mr.Gimbut answered yes,i t is possible. Councilwoman Alger asked if the Council is going to put into ordinance form the separation of commercial and residential time frame for General Plan amendments,what do they need to do with this resolution tonight. Mr.Gimbut answered that one suggestion would be to adopt this resolution and amend it with a motion for direction to staff to come back with an ordinance. Councilwoman Alger asked if the this until they have that ordinance in place,so that window period when there is nothing in the books. Mr.Gimbut suggested to continue the date when that ordinance would come back because this Council should wait on they do not create the hearing tonight to the REGULAR MEETING OF THE MAY 4,1993 PAGE 5 OF 13 CITY COUNCIL is a public hearing properly advertised and you would not want to go through that again. Councilwoman Barker asked if the Council continued this hearing with instructions to staff to come back with an ordinance at a certain date,then we could go through the process. Assistant City Manager George Hoffman stated that if the Council is talking about going with an ordinance, we would have to readvertise anyway because it advertises the resolution. Mr.Gimbut stated that if it is an ordinary administrative ordinance,it would be handled as any other ordinance; ordinances are not advertised before they are presented to the Council;they are advertised after they are adopted. City Clerk Kathy Connelly asked if Mr.Gimbut is suggesting to have an ordinance regulating the General Plan that would be separate from it. Mr.Gimbut answered that the ordinance would regulate when applications are to be taken and does not regulate the General Plan;it would be as part of the City Code. Councilman Coleman recommended to leave the General Plan as is until the task force looks at it and they take public input as to how often the Council should amend the General Plan.He added that if the task force does a good job updating the General Plan the way it ought to be for commercial,there should not be a need to amend it a lot. Councilwoman Alger asked if even in the meantime,should somebody want to put a small business in an area,they should be kept on hold until the task force presents its study. Councilman Coleman answered that the new business should look at a place that is currently commercial with the time being every six months.He stated that it seems to him that what they are proposing right now is to suspend the General Plan. Councilwoman Alger replied she did not think the Council is attempting to suspend the General Plan;what Mr. Gimbut brought up was that we have an administrative procedure locked up inside a different kind of a document and he was trying to clarify that.She agreed to leave it the way it is and wait for the task force recommendations but the Council needs to look at putting the application windows into an ordinance rather than leaving it in the General Plan. Councilman Coleman replied that is something that the task force should look at. REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 6 OF 13 Councilwoman Alger stated that i t is two different functions and one is probably under the city attorney. Councilwoman Barker MOVED THAT RESOLUTION NO.93-06,APPROVING GENERAL PLAN AMENDMENT,GPA-93-02,A CITY INITIATED PROPOSAL TO ALLOW ANY NUMBER OF GENERAL PLAN AMENDMENTS TO BE CONSIDERED AT ANY TIME OF THE YEAR,BE DENIED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.862,AMENDING CITY CODE ARTICLE 3-7,CONTRACT PROCEDURE SECTIONS 3-7-1 "FORMAL CONTRACT PROCEDURE" AND 3-7-2 "OPEN MARKET PROCEDURE." )City Clerk Kathy Connelly briefed the Council on this item stating that these are housekeeping changes.She stated that in Section 3-7-1,even though it is implied in the City Code that purchases in excess of $10,000 must be returned to the Council for approval, it does not specifically state those words.She proposed to make it clear that any type of purchase whether it is a material purchase or a lease over a period of time,if it exceeds $10,000,it must have the City Council approval. She stated that 3-7-2 establishes rules for over $10,000 and rules for below $5,000;there seems to be a window which needs to be eliminated by having the same set of procedures for purchases between $500 and $10,000. Councilwoman Barker MOVED THAT ORDINANCE NO.862 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. THE MAYOR AND CITY COUNCIL OF THE CITY OF THE APACHE JUNCTION CITY CODE ARTICLE 3-7 FORMAL CONTRACT PROCEDURE AND SECTION 3-7 ANY CONFLICTING PROVISIONS;AND PROVIDING Councilman Coleman SECONDED THE Ms.Connelly read,"AN ORDINANCE OF APACHE JUNCTION,ARIZONA,AMENDING CONTRACT PROCEDURE,SECTION 3-7-1 -2 OPEN MARKET PROCEDURE;REPEALING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.862,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 7 OF 13 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF MEMBERS TO THE MAIN STREET BOARD OF DIRECTORS )Assistant City Manager encouraged the Council not to appoint a staff member to the Board of Directors;that in addition to naming three appointees to the Board,they request that the Mainstreet Board create an ex -officio capacity to their Board for the City. He suggested that because of potentially new Council members and a new mayor starting in June,they make these appointments for only several months so that the new Council can affirm the appointments.He recommended to make the appointments until the end of July. CouncilwomanAlger MOVED THAT WE APPOINT COUNCILWOMAN BARKER,COUNCILMAN,: COLEMAN AND HERSELF TO THE MAINSTREET BOARD OF DIRECTORS WHICH SHALL BE COMPRISED BY THIRTEEN PERSONS,THREE OF WHICH SHALL BE APPOINTED BY THE OF COMMERCE AND SEVEN SHALLBE FROM, THE COMMUNITY AT LARGE,WITH THE APPOINTMENTS TO LAST THROUGH JULY 30, 1993, AT WHICH TIME THE COUNCIL CAN REAFFIRM IT IF THEY CHOOSE;AND THAT WEASIC FOR WEX-OFFICIO POSITION TO THE MAINSTREET BOARD FOR "A CITY STAFF MEMBER AND: THAT IT BE:MR: HOFFMAIC Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ARCHITECTURAL CONTRACT FOR PUBLIC LIBRARY BUILDING EXPANSION )Library the Council on this item stating that DPA Architects, the project;that representatives were present as wel director,to answer any questions that the Council ml REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 8 OF 13 Director Pam Loui briefed Inc.was selected for 1 as Mr.Hameed,project ght have. Councilman Coleman asked representatives of DPA Architects to introduce themselves. Mr.John Szafran and Todd Trainor introduced themselves. Councilwoman Alger MOVED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH DPA,INC.FOR THE INITIAL PHASE OF THE LIBRARY EXPANSION IN THE AMOUNT OF $39,895.00. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS AMENDMENT TO CITY CODE ARTICLE 9-3 "PRIVATE RECYCLING CONTAINERS" TO ALLOW FOR REVERSE RECYCLING BINS )Mayor Damiano asked Mr.William Brownlee of M3 Companies to brief the Council on the reverse recycling bins. Mr.Brownlee stated that the company's purpose is to put aluminum -can recycling machines on parking lots; that these machines serve the opposite purpose of a vending machine;the machine takes in the aluminum cans which averages 1000 pounds a week;that they are in six municipalities and their goal is to have these machines throughout the metropolitan area.He stated that the company complies with the City current ordinance except for Section 9-3-4 which limits the size of the container to no more than six cubic yards;their machines are all enclosed storage and fully automated with a capacity of 35 cubic yards;they are set up away from congested areas in the parking lot,around the parameter of the shopping center;they service the machine twice daily.He stated that their goal is to participate in recycling and provide a service to the customers when they visit the grocery stores in their communities.He added they are currently developing the technology for recycling glass and plastic. Councilwoman Barker asked Mr. Brownlee how does the machine operate. Mr.Brownlee explained that the can is put in the machine and a button is pushed to feed it;the cans are weighed by the pound and the machine pays twenty cents per pound. Councilwoman Barker asked how do they manage to service the machines twice daily;that calls for a large staff. REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 9 OF 13 Mr.Brownlee answered that they have service people for just that;they empty the machines twice a week and service them twice daily. Councilwoman Barker asked what happens with things that are rejected by the machines;if there is a container that catches them. Mr.Brownlee answered that things that are rejected are dropped out onto the parking lot.He explained that i f there is a container,people do not see things come out;that there is not much rejected because people become accustomed to what the machine takes. Councilwoman Barker asked if their staff pick up what the machines reject. Mr.Brownlee answered yes,staff clean up the machines twice daily and there are trash cans adjacent to them. Mayor Damiano asked if the machines count by can or by weight. Mr.Brownlee answered that the machines count by weight not by can. Mayor Damiano commented that in Apache Junction aluminum cans are paid at twenty-three cents compared to the twenty cents the machines pay.He asked if there is a conveyor belt in the machine. conveyor belts in the machine. if a can has a bolt inside. come out of the machine. Mr.Brownlee answered there are two Mayor Damiano asked what will happen Mr.Brownlee answered the can will Mayor Damiano cans that come out of the machine may roll away in the if the wind is blowing. Mr.Brownlee Weights and Measures regulates the machines. Mayor Damiano problem with the cans or bottles rolling on the parking would be. REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 10 OF 13 commented that the parking lot,especially replied that Arizona stated he would have a lot where the machines Mr.Brownlee replied they do not have a real problem with the nine machines they have at other places. Mayor Damiano asked if a bag of cans can be dumped in the machine all at once. Mr.Brownlee answered yes it can be done;it can hold a couple of large trash bags full of cans and they can be fed as fast as you would want to. Planning Division Manager Jim Nakagawa commented that someone with a company called "Canman"from Phoenix contacted his office and said that they have larger machines. Mr.Brownlee asked if the Canman machine is like a coke machine standing up,that person is in jail right now for fraud,and that company has nothing to do with this company. Mr.Nakagawa asked if that kind of machine would be allowable under the maximum capacity of 35 cubic yards. Mr.Brownlee answered that he is not familiar with the storage in that machine;that it separates things by air and not by whether is aluminum or not;and it pays by the can,not by weight. Mr.Nakagawa stated that the person from Canman seemed to be aware of the fraud but he was not sure if he was the person who bought that company or not. Mr.Brownlee stated that at one time he heard that the Canman machine could hold up to 1000 pounds and it is significantly taller;their machine is eight -foot by eight -inches tall but the Canman is about 14 -foot tall. Councilman Perkins MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDING THE CITY CODE ARTICLE 9-3 PRIVATE RECYCLING CONTAINERS,TO ALLOW FOR THE REVERSE RECYCLING BINS. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 11 OF 13 TUESDAY,JUNE 1,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Damiano adjourned the meeting at 8:21 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutesof the Regular Meeting of April 20;1993. 3.Approval of Resolution No.93-12,Resolution of Support for Economic: Development District. 4.Approval and Ratification of Memorandum of Understanding and: Administrative Order in the Matter Of Classified Service Personnel of the City of Apache Junction Magistrate Court, ACCEPTED THIS 1ST DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS ATTEST: HLEEN CO City Clerk Jim ,1993,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 2ND DAY OF anCE ,1993. REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 12 OF 13 c==Zam-z-4.-e THOMAS DAM IANO 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 4th day of May,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of May,1993. KATRCEEN—CONNE City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 4,1993 PAGE 13 OF 13