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HomeMy WebLinkAbout1992-09-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 1,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 1,1992 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 7:01 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox (Councilwoman Barker was absent.) Staff Present:City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Public Safety Director Bill McDaniel City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Asst.Planner Rudy Esquivias Parks & Recreation Director Jeff Bell Operations Superintendent Doug Dobson ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 1 OF 11 THAT A.G.CONTRACT NO.KR92-1978TRN,AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE STATE OF ARIZONA PERTAINING TO TRAFFIC SIGNAL MAINTENANCE,BE APPROVED;AND THAT RESOLUTION NO.92-20 AND INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT)FOR ECONOMIC STRENGTH MATCHING GRANT OF $71,010.00,BE APPROVED;AND THAT RESOLUTIONS NO.92-22,92-23 AND 92-24 FOR APPLICATION OF FY 1993 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDING,BE APPROVED;AND THAT GEORGE D.GRAHAM BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,1993;AND THAT EDWARD T.NAMSICK BE APPOINTED TO THE PLANNING & ZONING COMMISSION AND THE MUNICIPAL PROPERTY CORPORATION,WITH BOTH TERMS TO EXPIRE JUNE 30,1993; AND THATiDELETIOWOF $100,000 FROM PROPOSED BOND ISSUE FOR ACQUISITION OF CHAMBER OF COMMERCE BUILDING,BE APPROVED;AND THAT ITEM NO.12 BE MOVED UP TO IMMEDIATELY FOLLOWING ITEM E-8. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS PRESENTATION AND DISCUSSION OF CITY COMPLEX MASTERPLAN AND IMPLEMENTATION SCHEDULE ) )City Manager Mike Lee briefed the Council on this item and introduced Mr.Ab Hameed to make a presentation. Mr.Hameed presented the final general scheme that was approved,but it's not in a final form;that they would stop at this point before they hardline i t and come back to the City Council in about two months with the site -use plan for the new police building that right now is in a hypothetical form. of the masterplan. the implementation schedule. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 2 OF 11 Mr.Mike Munninger gave an overview Mr.Hameed briefed the Council on ARCHITECTURAL CONTRACT FOR PUBLIC SAFETY FACILITIES )City Manager Mike Lee briefed the Council on this item and stated that Architectural Alliance,Inc.was selected for the project. Councilman Coleman MOVED THAT THE CONTRACT WITH ARCHITECTURAL ALLIANCE,INC.,BE APPROVED AS PRESENTED AND THAT THE CITY MANGER BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC None, CITY MANAGER'S REPORT City Manager Mike Lee reported that the City was a successful applicant for a Juvenile Justice Advisory Council Grant in the amount of $12,500. Mr.Lee reported on the implementation of a new business relation ship program which will improve the communication and relationship with specific business community members on a periodic basis. Mr.Lee also reported on the implementation of a formal manager's visit program to each of the departments. He also reported that the bond financing program for the public safety building is proceeding and is within two or three weeks of when the bond underwriters are prepared to start marketing them.He stated there will be a presentation at the next City Council meeting. PUBLIC HEARINGS , ORDINANCE NO.842,PZ-92-09,MASTERS ) )Planning Division Manager Jim Nakagawa briefed the Council on this item.He stated the Planning & Zoning Commission recommended approval of the project and staff is recommending adoption of the proposed ordinance. Mrs.Jean Perkins,616 N.Cactus, inquired about the architectural design of the shopping center. REGULAR MEETING 'OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE1 OF 11 Companies)described the style. would like to see a Santa Fe style. needs to give direction in that regard. Mr.Tom Masters (The Quantum Mrs.Perkins stated that the people Mr.Masters stated that the Council City Manager Mike Lee pointed out that the City doesn't have an ordinance that empowers the City Council to dictate architectural themes. City Attorney Glenn Gimbut confirmed that and stated that at this time it would simply be a request on the City's part as a cooperative request with the developer as to what the community would like to see. Councilwoman Alger suggested to advise the developer that their preference would be to see it in a certain style,but until they have specific ordinances allowing them the privilege, they need to be careful about restricting the type of development. Mrs.Marguerite Berry,270 S.Gold Dr.,Azure Skies,spoke in favor of the project. Vice Mayor Eidson MOVED THAT ORDINANCE NO.842 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. City Clerk Kathleen 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-92-09 FROM GENERAL RURAL (GR)AND GENERAL BUSINESS (CB -2)TO GENERAL COMMERCIAL BY PLANNED DEVELOPMENT (C-3/PD); REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY.H Vice Mayor Eidson MOVED THAT ORDINANCE NO.842,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 4 OF 11 The motion carried. ORDINANCE NO.843,PZ-92-10:A CITY- INITIATED AMENDMENT TO ARTICLE 20 OF THE ZONING ORDINANCE )Planning Division Manager Jim Nakagawa briefed the Council on this item.He stated the Planning & Zoning Commission recommends approval of it and that staff also recommends adoption of the proposed ordinance. Vice Mayor Eidson commented that he had requested that the City follow the County's regulations which require one space for 75 square foot of floor area,excluding restrooms and kitchens in a restaurant. Mr.Nakagawa stated that the parking requirements of all the other jurisdictions usually fall into one of two areas;they either say one parking space for every 50 square feet of net area or one parking space for every 75 square feet of gross floor area;so he thinks that Pinal County intended to say 75 square of gross floor area. Vice Mayor Eidson asked if a new business needs 15 parking spaces but they only have space for 14,is the City is going to hold up the permit and not allow them to put the business in? Mr.Nakagawa commented that a business that started out as an office where the parking requirement is one space for every 200 square feet and someone wanted to turn that into a restaurant,they would have a problem with that. Vice Mayor Eidson suggested that for the time being that the City adopt a policy stating "using the net inside square footage,exempting the restrooms or kitchen or an office."He stated that he would like the City to be as less restrictive as possible. Mr.Nakagawa explained that right now the City is the most restrictive and the proposed ordinance would bring us into consistency with the requirements of all the other jurisdictions;that if the City went to a 75 square feet net basis then we would go in the other direction and that would create some impacts on the public. Councilwoman Alger asked if it were the case that a business wanted to come into town and for the sake of one parking space they could not and there was no vacant lot next to them that they could buy for parking space,is it possible for a business to get a variance for something like that based on a hardship factor? REGULAR. MEETING OF THE,CITY COUNCIL SEPTEMBER:1,1992 PAGE :5 OF 11 Mr.Nakagawa replied they would have to demonstrate that there was something unique about the property that would qualify them for the variance. Councilwoman Alger commented that Dirtwater Springs was an example because they can't expand their parking because of the wash on one side and buildings on the other side.She asked i f that is possible to be allowed under a variance as a site location hardship? Mr.Nakagawa replied that it is possible,but it's more a matter of a design problem than if you want to expand a business but you don't have the parking to accommodate that expansion;you would probably need to downsize that expansion and this is probably a more appropriate option. Councilwoman Alger asked if there is some way to relieve that type of situation because they can't create the ordinance to fit every incident.She suggested to create the ordinance on a gross basis but still provide for the possibility of something unusual coming up. Mr.Nakagawa stated it would be the purpose of applying to the Board of Adjustment to see if that individual case can be looked at on an individual basis;that this ordinance amendment would actually make the City's requirements less stringent. Councilman Perkins commented that he wanted to see the parking space for each 75 square feet of sitting area or open area which basically excludes the restrooms and kitchen. City Engineer Gordon Grandy pointed out that employee parking has not been looked at. Councilwoman Alger commented on theindividualparkingsizeand:Councilwoman availability. Mr.Nakagawa reminded the Council that the reason for parking lots is to keep cars off the right-of-way. Councilman Perkins stated that one or two parking spaces is too little a number to tell a business they can't come and do business in Apache Junction. Councilman Coleman stated that they are already relaxing the requirement from 50 square feet gross to 75 square feet gross and pointed out the problems in the winter with parking space.He stated he would not like to relax the parking requirements so much that it will contribute to that problem. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 6 OF 11 Mr.Grandy ,commented that if there is a prospective new business wanting to come into town,first they will check the criterianeeded to find out how big oUa lot they need and they'll find out how big they want to turn their restaurant into,how many parking spaces that means,etc.He stated that the problem exists:for old businesses but any new business won't go out and arbitrarily buy a,lot and try tO -fit'a size nine in aisize:eight lot;it would not be good business senseito do that. Councilwoman Alger agreed that there is not enough:parking space in the winter and if they take too many parking spaces away then the businesses are going to have an alternate problem of people not being able to get into their establishment because ,thereis no place to they might need to draw a compromise and go with'the 75 square feet gross space now and find out how it works for this community before they go into anything too drastic. Councilwoman Alger MOVED THAT ORDINANCE NO.843 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. MOTION:Unanimous. The motion carried. Vice Mayor Eidson SECONDED THE Ms.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 SECTION 20.0102 AND SECTION 20.0104 OF ARTICLE 20,REDUCING THE OFF-STREET PARKING REQUIREMENTS FOR DINING AND DRINKING ESTABLISHMENTS;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.843,AS READ BY THE CITY CLERK,BE APPROVED AND'ADOPTED. Councilman Coleman. SECONDED THE MOTION. Vice Mayor Edison AMENDED TO READ THAT KITCHEN AREAS,OFFICE AREAS,RESTROOM AREAS AND STORAGE AREA NOT BE COUNTED WHEN THE SQUARE FOOTAGE IS FIGURED. Councilman Perkins SECONDED THE AMENDMENT. AMENDMENT VOTE:In favor:Councilman Perkins,Vice Mayor Eidson, Councilman Cox. REGULAR: MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992' PAGE ,7 OF Opposed:Councilman Coleman,Councilwoman Alger,Mayor Damiano. The motion failed. MAIN VOTE:Unanimous. The motion carried. Mayor Damiano recessed the meeting at 8:15 p.m.The meeting reconvened at 8:30 p.m. ORDINANCE NO.841,DRUG -FREE WORKPLACE POLICY )Assistant City Manager briefed the Council on this item.He stated that City Clerk Kathleen Connelly asked if they define control substances and he replied it is defined in federal regulations. City Attorney Glenn Gimbut stated it is also defined in State law. Ms.Connelly asked if it is applied to prescription medications. Mr.Gimbut replied that a controlled substance is a true legal definition that goes into prescription medication but the violation of a controlled substance law has some definitions. Mr.Hoffman stated that it is important and he would check into that. Councilman Perkins suggested that if an employee is going to be taking controlled substances that are prescribed, that the employee inform the immediate supervisor so that they take appropriate care of the situation. Mr.Hoffman reminded the Council that this•is not a drug -testing policy. Councilman Coleman pointed out that the ordinance applies to the use of unlawful controlled substances only. Councilman Coleman MOVEDJHAT ORDINANCENG.841 BE READ BYTITLEANLY -AND_THEREADING OF THE ENTIRE ORDINANCE BE: WAIVED.. Councilman Cox SECONDED THE MOTION. REGULAR: MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 8 OF 11 VOTE:Unanimous. The motion carried. Ms.Connelly read,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE JUNCTION,RULE III CONDITIONS OF EMPLOYMENT,TO INCLUDE SECTION 5 DRUG -FREE WORKPLACE;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.841,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.92-21,GRANT OF UTILITY EASEMENT briefed the Council on this item. Councilman Cox SECONDED THE MOTION. City Engineer Gordon Grandy Councilman Coleman MOVED THAT RESOLUTION NO.92-21,GRANTING AN EASEMENT TO SALT RIVER PROJECT FOR THEIR EXISTING TRANSFORMER PADS AND OVERHEAD LINES,AND DIRECTING THE CITY MANAGER TO SIGN AND RECORD APPROPRIATE DOCUMENTS ON BEHALF OF THE CITY,BE APPROVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 9 OF 11 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON MONDAY,SEPTEMBER 14,1992 IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT A SPECIAL JOINT WORK SESSION WITH THE MUNICIPAL PROPERTY CORPORATION AND REGULAR WORK SESSION BE HELD AT 7:00 P.M.ON MONDAY,SEPTEMBER 14,1992;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,SEPTEMBER 15,1992 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT p.m. Vice Mayor Eidson SECONDED THE )The meeting adjourned at 8:46 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of July 21,1992 and August 4,1992. 3.Approval of Intergovernmental Agreement with State of Arizona Department of Transportation (ADOT)for Traffic Signal Maintenance. 4.Approval of Resolution No.92-20 and Intergovernmental Agreement with State of Arizona Department of Transportation (ADOT)for Economic Strengths Matching Grant of $71,010. 5.Approval of Resolutions No.92-22,92-23,and 92-24 for Application of FY 1993 Community Development Block Grant (CDBG)funding. 6.Appointment of Members to Planning and Zoning Commission,Board of Adjustment and Municipal Property Corporation. 7.Deletion of $100,000 from proposed bond issue for acquisition of Chamber of Commerce Building. REGULAR MEETING OF THE.CITY -COUNCIL SEPTEMBER 1,1992 PAGE 10.0F 11 ACCEPTED THIS 15TH DAY OF SEPTEMBER ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF SEPTEMBER ,1992. ATTEST: KATHLEEN CONNELLY City Clerk 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 1st day of September,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of September,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1,1992 PAGE 11 OF 11