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HomeMy WebLinkAbout1993-11-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 16,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 16,1993,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 7:00 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut City Engineer Gordon Grandy Planning Division Manager/Acting Director of Development Services Jim Nakagawa Associate Planner Rudy Esquivias Galad Elflandson,524 W.22nd Ave.,Apache Junction Joe Guzman,1802 W.Cholla,Phoenix. ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilwoman Richmond SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 1 OF 13 VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Galad Elflandson addressed the Council regarding a prior General Plan amendment for an area at Southern Avenue and Idaho Road.He asked the Council to respond to questions regarding their actions and asked them to send him a letter explaining their vote. CITY MANAGER'S REPORT City Manager Mike Lee informed the Council about the public ,works crews'work and road damage as a result from last storm;that pavement at Tomahawk and Broadway which is being done to drain some of the flooding into Weekes Wash served its purpose partially because it was not completed when the rains occurred;that the sidewalks on San Marcos have not been completed and the rains will delay the project for another two to three weeks. Mayor Perkins commended the public works crews for their work during the storms. PUBLIC HEARINGS ORDINANCE NO.879,PZ-6-93,REZONING REQUEST BY SMITH/VEHON )Planning Division Jim Nakagawa briefed the Council on this item.He stated.that on October 26th,the Planning and Zoning Commission recommended approval of the rezoning with some stipulations,and that Planning staff concurs with that recommendation. Vice Mayor Barker MOVED THAT ORDINANCE NO.879 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. the public. Mayor Perkins opened the hearing to Mr.Tony Vehon,288 N.Ironwood Drive,representing the applicant,explained the reason for their application. Councilman Hendricks asked if mobile home parks are not supposed to be skirted. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 2 OF 13 Mr.Nakagawa answered that one of the requirements in order to get a permit for manufactured homes is that skirting be provided. Councilman Hendricks asked i f skirting will be done on this request. Mr.Vehon answered that it is required. Councilman Hendricks stated that there are many mobile homes in town which are not skirted and asked if that is something that can be enforced. Mr.Nakagawa answered that older installations are not required to be skirted. Councilman Hendricks commented that we are trying to clean up the city and we want tourism but nobody is doing anything to enforce the skirting on the older units.He added that we should make sure that the code is enforced and he would like to see the grandfather rights die. Mayor Perkins closed the public hearing there being no one else wishing to speak on this item. Councilman Perkins SECONDED THE MOTION FOR THE READING OF THE ORDINANCE TITLE ONLY. 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,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-6-93 FROM GR (GENERAL RURAL)TO CR-1(MH)(SINGLE-FAMILY RESIDENCES ON 20,000 SQ.FT.MINIMUM LOTS/CONVENTIONAL AND MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.879,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 3 OF 13 The motion carried. OLD BUSINESS RECONSIDERATION OF RESOLUTION NO.93-19, GPA-93-19 AND ORDINANCE NO.876,PZ-5-93,CONCURRENT GENERAL PLAN AMENDMENT AND REZONING REQUESTS BY JOE GUZMAN )Planning Division Manager Jim Nakagawa briefed the Council on this item. Mr.Guzman,1802 W.Cholla in Phoenix,stated that he intended to build a mobile home park on the seventeen acres and put it under HUD and the reason for that was the close proximity to the city and the stores.He presented the compromise to the Council that i f he is allowed to build eighty units for HUD mobile homes,he would build a hotel/motel,a medical center,a restaurant,and a retail center,on the ten acres to the south.He explained that the land on the north has a big wash and is not suitable for commercial. units would be will be facing part of it. Mayor Perkins asked if the eighty on Plaza Drive or across from Los Vaqueros restaurant. Mr.Guzman answered that some units Plaza Drive but about forty units will be facing the northwest Councilman Perkins stated he felt this item should go back through Planning and Zoning and he was concerned that if the Council allowed this compromise,there would be no guarantees that the southern part would be developed after the eighty units were built. Mr.Nakagawa suggested that Planning would not finalize the permits for the northernmost mobile home park until the motel complex on the southern portion was built and could use that as a zoning stipulation.He added they would need a business license in order to operate that business and if they have not satisfied the zoning stipulation,they would not be able to get the zoning clearance on the business license so they would not be able to operate. Councilman Perkins stated he had some concerns about the landscape and the architecture and asked if the park will be enclosed with a block -fence.He stated he would like to see more detailed information than just a sketch on plain paper showing that the project can be done timely and it can meet strict guidelines. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 4 OF 13 Mr.Guzman stated that he has been a developer for over twenty years and mentioned his project on Smythe Drive as an example of the type of work he does.He stated that he would guarantee the development of all the land at one time and that he is capable of doing it. Councilman Perkins asked for the address of the project on Smythe Drive. Mr.Guzman answered it was at 450 S. Smythe Drive. Councilman Perkins explained that he could not make a decision on this with such limited information and that he would like to see it going back to the Planning and Zoning Commission. Mr.Guzman replied that he had no problem submitting a completed architectural and engineering design for the entire project. Councilman Perkins asked what would be the time limit on this if it goes back to the Planning and Zoning Commission. Mr.Nakagawa answered it will probably be another two -and -a -half months or so at a minimum and he explained why.He stated that if it just went through the City Council review process, it would take advertisement for that meeting only rather than a Planning and Zoning Commission meeting,which requires two separate advertisements because i t involves a General Plan amendment. Councilman Perkins asked Mr.Guzman if this was to come back before the Council,how long it will take him to produce the documentation needed to review it. Mr.Guzman answered that it will take about twenty days or two -and -a -half to three weeks. Mr.Nakagawa stated that normally we do not require the detailed engineering drawings but rather the preliminary conceptual drawings at the time of zoning approval;once that is provided, they need to proceed on to the more expensive engineering and construction drawings in order to get that building permit and final plan development approval. Councilman Perkins suggested to expedite the process for making a decision on this. Vice Mayor Barker agreed with Councilman Perkins that they needed more detailed information in order to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 5 OF 13 understand the concept Mr.Guzman is proposing.She stated that this was not an endorsement of Mr.Guzman's compromise but simply that she would be willing to look at additional information to consider it. City Attorney Glenn Gimbut stated he was not sure of how much this proposal deviates from the original one but he would advise the Council that on radical changes from the original proposal, i t is a matter of law to put it through the hearing process again. Vice Mayor Barker stated that in such case they will do it that way and if Mr.Guzman will consider the time and the financial strain that it would cost. Councilman Perkins asked if there was something we could do to help speed up the process. Mr.Nakagawa answered that Planning could try to speed it up but a lot of times that depends on the time the applicant takes for submitting the revisions to Planning rather than Planning being able to submit thoseito the newspapers.He added that this is rather a difficult time because of the holiday season and schedule followed by the newspapers in publishing the notices,which may delay things,but they will try to schedule it as soon as they can. Councilman Perkins explained that i f they have to follow the legal process,even if it takes time,they have to do it that way. Vice Mayor Barker asked if they needed to schedule this for a specific date. Mr.Gimbut answered that it was only if they decided to reconsider this,but if the applicant is going through the process from scratch,the Council does not need to take any action. Councilman Perkins asked if they were sending this issue back to Planning and Zoning,they needed to vote on it. Mr.Gimbut asked if this is a Council initiative or if the applicant is going to file a new application for this proposal. Councilman Perkins asked Mr.Gimbut to explain the difference between those two. Vice Mayor Barker explained the difference to Councilman Perkins. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 6 OF 13 Councilman Perkins reminded the Council that there was the question about the cost for doing this all over again. Mr.Nakagawa stated there was the concern about the expenses for readvertising another hearing on this case. City Clerk Kathy Connelly stated that State law requires in all cases that the applicant pay the advertising fees,so there is no way that we can waive those fees. Vice Mayor Barker stated that the applicant had to decide what to do. Mr.Guzman stated that the reason he came up with this plan was because Planning and Zoning and the Council wanted a commercial building and that was why he designed this plan.He stated he would not go through the entire process again because it would cost him more time and money. Councilman Perkins stated that the Council did not want to force Mr.Guzman to have to go through the whole process again but they are being told that they need to comply with the legal process.He added that they did not have to go through this if Mr.Guzman would have investigated the feasibility of this proposal in the first place. Mr.Guzman replied that he did call members of the Main Street Committee but not one of them ever called him back; that he wrote letters to them but they never answered him back;and that they did not even attend the Planning and Zoning Commission hearing.He stated that when the Council had the hearing only two people were against it and they were not against the mobile home park but all they wanted was commercial.He stated he was willing to compromise and wait until March 1st to allow the Council ample time because he knows he can submit a plan to make everybody happy and that will meet the goals of the Main Street Committee. Councilman Perkins clarified that i t was up to Mr.Guzman to resubmit his plans and that staff and the Council would have it back as soon as possible. resubmit his plan. try to have this back his plan again to the REGULAR MEETING OF THE NOVEMBER 16,1993 PAGE 7 OF 13 Mr.Guzman stated that he will Councilman Perkins stated they will before the Council by the first of the year. Mr.Guzman asked if he has to submit Planning and Zoning Commission. CITY COUNCIL Councilman Perkins answered that it has to follow that course again because the changes are enough to merit that. Councilman Hendricks asked Mr.Guzman for a list of the HUD projects he has developed. Mr.Guzman mentioned some addresses to Councilman Hendricks and indicated that he would provide a complete list to the Council later. Mayor Perkins mentioned that the Council granted a rezoning request to someone about ten years ago but there is no building on it yet. Mr.Guzman assured the Council that he would develop that project. Mayor Perkins stated she appreciated that Mr.Guzman is building housing for the elderly which is needed in this community. No further action was required from the Council at this time. NEW BUSINESS PROPOSED RESOLUTION NO.93-21,OPPOSING POTENTIAL CLOSURE OF EXIT 199 FOR WESTBOUND U.S.60/SUPERSTITION FREEWAY ACCESS TO THE CITY )City Manager Mike Lee clarified that ADOT was not proposing the closure of Exit 199;that it was only a consideration they did at the Pinal County staff level.He stated that County Supervisor Sandra Smith was present and invited her to speak to the Council about this issue. Pinal County Supervisor Sandra Smith,3575 N.Prospector Rd.,explained that there could be a proposal to use that site for something that ADOT would consider unsafe and would propose that the exit be closed,but ADOT has not indicated either way.She stated that one of the uses for that area which could be shared by the County and the City would be a visitor pull out,and anything to be considered for that area will be presented to the City Council,the Chamber of Commerce,and Main Street, for their input.She added that the County did not want to stop any type of negotiations going on and maybe forestall something that could be beneficial to both the County and the City.She stated that City staff will be kept informed as County staff keeps working on it. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 8 OF 13 Mrs.Smith further thanked the Council for City staff cooperation in working with County staff and for the Council's support.She mentioned that when the City closed Scenic Street the entrance to the park from SR 88 was also closed but through City staff ADOT has agreed to make a turn out lane off of SR 88 into the park.She further stated that they are working on an IGA for the water retention area on the County side for the new municipal building.Also,she explained how the County and the City can work together in the area of road maintenance and save taxpayers money. Councilman Perkins asked who is responsible for maintenance of the U.S.60 portion. City Engineer Gordon Grandy answered that ADOT was responsible for that. Mrs.Smith added that we could maintain that road if ADOT gave the road along with that land.She stated that safety at that site also needs to be considered;that she has asked ADOT for an accident report because at one time there were several accidents on that road,but with the flashing lights in place accidents have stopped. Councilman Perkins suggested that the accidents could be remedy by straightening the road out and by putting traffic lights at that intersection. Mrs.Smith replied that it has been discussed before with ADOT and the City advocated that back in 1986. Councilman Perkins asked what other type of uses for that exit have been proposed. Mrs.Smith answered that another use could be to relocate the County maintenance yard by the County Complex over to that site and also possibly a road side table or a visitor center,but nothing is concrete at this point.She mentioned that ADOT has also thought about having a maintenance yard of their own put in there. Councilman Perkins asked if the County has been approached by ADOT about selling that land to the County or about ADOT putting something there. Mrs.Smith answered no,they are only negotiations. Councilman Perkins asked if the County is interested in purchasing that property. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 9 OF 13 Mrs.Smith answered that it would not be purchased but it would be reverted to the County as a gift. Councilman Perkins asked if that property could not be a gift to the City. Mrs.Smith answered she had no idea if that is something that we all could benefit from it. Councilman Perkins suggested including the City in the negotiations. Mrs.Smith answered that she believes the City has been included but she does not know how the City Engineer has been getting his information. City Engineer Gordon Grandy replied that his information comes from his wife who happens to work in ADOT's IGA Department and also from the District Engineer's office.He explained that the IGA being proposed does not have a clause either abandoning or leaving open this access road;that is something that could happen if the County got the land but it does not mean it has to happen.He explained this is something where ADOT wants the County to take over that portion of U.S.60 and the County does not want to do that until it benefits from it. Mrs.Smith invited the City Engineer to join the County Engineer and the County Highway Director on these negotiations,if there are any.She stated that the County would take advantage of anything that would benefit both the County and City residents. Councilman Perkins was concerned that nothing could be done if ADOT decided to eliminate that portion of the roadway through the IGA. Mrs.Smith replied that if the County asked for something not to be done,it would not be to not accept that piece of land. Councilman Perkins agreed that i t should be a joint City -County project because he felt that eventually it will be annexed into the City. Mrs.Smith reminded the Council that she just invited the City Engineer to join County staff on these negotiations. The Council discussed the rumor of the placement of a statue or monument at the site. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 10 OF 13 City Manager Mike Lee confirmed that the City and the County are in good working relationship;that this agenda item was as a preventive measure against the possible closure of Exit 199 and to clarify the City's position on this,and by baying the City Engineer join the negotiating table would dissipate any concerns about it. Councilman Perkins MOVED THAT RESOLUTION NO.93-21,OPPOSING THE CLOSURE OF EXIT 199 ON WESTBOUND US 60 (SUPERSTITION FREEWAY)BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADDENDUM TO ECONOMIC DEVELOPMENT AGREEMENT WITH CHAMBER OF COMMERCE TO INCREASE FUNDING FOR FY 1993-94 )City Manager Mike Lee briefed the Council on this item. Councilman Coleman MOVED THAT WE AMEND THE ECONOMIC DEVELOPMENT AGREEMENT WITH THE CHAMBER OF COMMERCE BY INCREASING THE CITY'S FUNDING FROM $10,000 TO $22,000 FOR FISCAL YEAR 1993-94. Councilwoman Richmond SECONDED THE MOTION. Councilman Perkins recognized that this Council has a good working relationship with the Chamber towards economic development,tourism,and local businesses. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,DECEMBER 6,1993,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,DECEMBER 7,1993,IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 11 OF 13 MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Councilwoman Richmond SECONDED THE )Mayor Perkins adjourned the meeting at 8:26 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of November 2,1993. ACCEPTED THIS 7TH DAY OF DECEMBER ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE—JUNCTIOW—ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF DECEMBER ,1993. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 12 OF 13 o r ATTEST: KATHLEEN CONNEL 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 16th day of November,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of November,1993. z_eLA KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1993 PAGE 13 OF 13