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HomeMy WebLinkAbout1992-10-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 6,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 6,1992 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 7:00 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox 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 City Engineer Gordon Grandy. Parks & Rec.Director Jeff Bell Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Library Director Pam Loui Operations Supt.Doug Dobson Capt.Cox,Police Department Jim Cude,1567 S.Lawson,Apache Junction Paul Connolly,1935 S.Cactus Rd.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND Councilwoman Alger MOVED THAT THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER ,6,1992 PAGE 1 OF 11 THAT THE SETTLEMENT AGREEMENT BETWEEN THE CITY AND GENE WILSON & SYBILLE WILSON,FOR A BUILDING AT 1368 SOUTH WINCHESTER,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN TO PROCEED WITH THE LIBRARY NEEDS ASSESSMENT AS PROPOSED BY CAPITAL IMPROVEMENT ASSOCIATES,INC.,IN THE AMOUNT OF $14,200; AND THAT RESOLUTION NO.92-28,A RESOLUTION OF THE MAYOR AND CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO ENTER INTO AN INTERGOVERNMENTAL SUB -GRANT AGREEMENT WITH THE ARIZONA STATE GOVERNOR'S OFFICE FOR CHILDREN,BE APPROVED;AND THAT INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA GOVERNOR'S OFFICE OF DRUG POLICY AND CONTRACT WITH THE ABUSE PREVENTION COUNCIL FOR $5,000 GRANT,BE APPROVED;AND THAT ALL BIDS FOR PW-92-01,STREET SWEEPER,BE REJECTED;AND THAT THE BID FOR PW-92-01*A,STREET SWEEPER,BE AWARDED TO BALAR EQUIPMENT FOR $94,325.00.THIS IS TO BE PURCHASED THROUGH LEASE PURCHASE ON MONTHLY INSTALLMENTS;AND THAT THE BID FOR PW-92-09,FOR STREET STRIPING,BE AWARDED TO SAFETY ENGINEERING FOR 4"STRIPE @ $0.06/L.F.,CROSSWALKS @ $0.47/L.F.,ARROWS @ $25.00 EACH,STOP BARS @ $0.60/L.F.,AND TURN LANES @ $0.21/L.F.;AND THAT CORRECTION TO TERM EXPIRATION DATES FOR CONSTRUCTION CODE BOARD OF APPEALS MEMBERS,DALLAS DEWEY AND CHRISTINA JUCK,FROM JUNE 30,1995 TO JUNE 30,1994;BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mrs.Joy McNulty,Pinal County Coordinator for Kid's Voting,briefed the Council on the program and stated she had asked for a proclamation declaring the week of October 25th as Kid's Voting Week.She introduced a group of high school kids to give a presentation and distributed information,and indicated they were looking for adult volunteers to assist at the kid's voting precincts. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 2 OF 11 City Clerk Kathleen Connelly read the proclamation and Mayor Damiano congratulated and presented the group with it. CALL TO THE PUBLIC Mr.Jim Cude,1567 S.Lawson,stated that part of his property is a city water -retention easement;that he has been cited three different times for refusing to clean it;that he cannot use that property for any purposes,except to build a wall across the man-made wash for a fence.He stated he was told he cannot fill the wash in,can't plant bushes or trees in it,because that's against a city ordinance;that it takes three- quarters of his property and the city needs to maintain this large easement like it does with others;and that he has talked with the City Attorney and the City Engineer about it.He asked that the City look into this problem and do something about it.He further explained the drainage problems he is having because of the wash. CITY MANAGER'S REPORT City Manager Mike Lee reported on the drainage work at Delaware and Broadway intersection;that it is about 75% complete and that after the drainage part is completed they will be doing additional improvements with curb and gutter.He reported that the Gene Wilson building has being completely removed;that the foundation has been broken up and the material is at Operations where it will be used for a storage building.He also reported that in two weeks the City will start working at Weekes Wash to build the bridge and do drainage channelization. Mr.Lee reported that recently the Operations Division hired temporary workers through the local employment office;that these were budgeted as full- time positions but in an effort to conserve the City's resources and do things with less money,it was done on a temporary basis.He further explained the advantages of doing it this way and that some of work they are doing is cleaning up the median on Apache Trail. PUBLIC HEARINGS BINGO LICENSE APPLICATION FOR APACHE TRAIL KOA )City Clerk Kathy Connelly stated this is a routine request about what was previously known as a small game but it's now called the Class A Bingo License.She stated this is handled similarly to a liquor license where the Council simply makes a recommendation and the State Department of Revenue,Bingo Licensing,acts on it. Councilwoman Barker noticed that Building mentioned there were two things the applicant had to do in order to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 3 OF 11 meet some specifications.She asked Mr.Robert Wheeler,applicant,if he was going to comply,to which he answered yes. Mayor Damiano asked if anyone from the public wished to speak on this item.There being no one wishing to speak, he closed the public hearing. Councilwoman Barker MOVED THAT THE BINGO LICENSE SUBMITTED BY MR.ROBERT WHEELER FOR APACHE TRAIL K.O.A.BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS AUTHORIZATION TO ENTER INTO AN 'INTER- GOVERNMENTAL AGREEMENT (IGA)WITH OTHER EAST VALLEY MUNICIPALITIES FOR OWNERSHIP,DEVELOPMENT,OPERATION AND MANAGEMENT OF WILLIAMS AIR FORCE BASE; AND AUTHORIZATION TO .ENTER INTO AN INTER- GOVERNMENTAL AGREEMENT ESTABLISHING THE GOALS AND PURPOSES OF THE WAFB RE -USE IGA GROUP; AND APPROVAL OF A TRUST AGREEMENT WHEREIN A TRUSTEE WILL HOLD LEGAL TITLE TO CERTAIN PROPERTIES CURRENTLY HELD BY THE UNITED STATES GOVERNMENT IN CON- NECTION WITH WILLIAMS AIR FORCE BASE Council on these three items. Councilman Cox SECONDED THE MOTION. )City Manager Mike Lee briefed the Vice Mayor Eidson THAT THE INTERGOVERNMENTAL AGREEMENT WITH OTHER EAST VALLEY MUNICIPALITIES FOR OWNERSHIP,DEVELOPMENT,OPERATION AND MANAGEMENT OF WILLIAMS AIR FORCE BASE, BE APPROVED;AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 4 OF 11 THAT THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE GOALS AND PURPOSES OF THE WILLIAMS AIR FORCEBASE RE-USE1.G.A.GROUP,BE APPROVED;AND THAT THE TRUST AGREEMENT WHEREIN A TRUSTEE WILL HOLD LEGAL TITLE TO CERTAIN PROPERTIES CURRENTLY HELD BY THE UNITED STATES GOVERNMENT IN CONNECTION WITH WILLIAMS AIR FORCE BASE,BE APPROVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDER TEMPORARY SUSPENSION OF DEADLINES FOR GENERAL PLAN AMENDMENT REQUESTS )Councilwoman Alger stated that the General Plan has not been updated as prescribed;that generally under good planning policies,every five years,a policy document like the General Plan should be updated.She stated there are many major changes in our community right now with the streets because of the freeway and we need to be looking at redesignating certain areas;that until we have time to go through a review of it properly she would suggest that they left the twice -a -year General Plan amendment so that some of the changes that developers need to have made in a timely fashion can be done.She stated there are some requests that would have to wait until May. 1993 which is a long time for anew business to wait to locate in our community. Planning Manager Jim Nakagawa stated that the filing for those general plan amendments can happen after October 20th. not heard until May. Councilwoman Alger asked if they are Mr.Nakagawa answered that is right; the commission hears it in March and the Council in April or May. Councilwoman Alger stated if we had our General Plan reviewed and amended,as we should have by now,these amendments wouldn't even be necessary because we would already have redesignated some of the commercial areas.She suggested to give people an opportunity to do business tn the City and locate here by being a little lenient and more flexible at this time. Councilwoman Barker agreed on that in general and stated she has been approached by several people who needed to get in on this year's general plan review and they were told they were too IZEGULAR.MEETING,OFjHE CITY COUNCIL OCTOBER 6,1992 ' PAGE :5 OF 11 late.She asked Councilwoman Alger if she was suggesting that they take a general plan amendment at any time. Councilwoman Alger answered that temporarily,yes,she would suggest that because there are changes that need to be made in the whole General Plan that will not be done until they have gone through some hearings. Councilwoman Barker asked her if she is goingAo attachAo this anything about starting the general plan update, which they talked about two years ago. wanted that on the next agenda. Councilwoman Alger answered yes,she Councilwoman Barker agreed on that and stated that if they can get the General Plan updated as rapidly as possible then she would concur with temporarily suspending the deadlines. Councilwoman Alger requested for the next agenda direction from the Council to begin the process and to use the method that was used by the County when they did their general plan review; they had citizen hearings and took verbatim input from the citizens.She stated she would prefer that method over having a consultant. Mayor Damiano asked if after they do the review and are caught up with it they could have it quarterly. Councilwoman Alger stated if someone apply today for an amendment,it will probably take three months before they are into the process. Councilwoman Alger's proposal. Vice Mayor Eidson supported Mr.Nakagawa identified some areas of concern:one was that amending the General Plan a number of times during the year destroys the effectiveness of the General Plan as :a long-term policy and planning document;it begins to resemble more the zoning map than it does a long-range general plan;secondly,he was concerned about how much lit might require or expand in the way of staff resources;three,he was concerned about the advertising costs that the City might incur every time it needs to advertise a general plan change;and fourthly,in other jurisdictions typically if what is being considered is a general update they take the opposite action and slow down,if not stop,general plan amendment cases or rezonings or even building permits in some cities.He asked the Council to keep in mind that as they accelerate the number of changes it may be running contrary to what it is that they may have in the long term. REGULAR, MEETING OFJHE CITY COUNCIL OCTOBER 6;1992 =. PAGEE6 OF 11 Vice Mayor Eidson asked if the applicant did not pay for the advertising expenses. Mr.Nakagawa answered they have a filing fee of $300.00. City Clerk Kathleen Connelly stated that does not cover the legal advertising cost and there is a state law that requires that when certain things are done on behalf of the applicant,the applicant pay the legal advertising costs. Mr.Nakagawa stated that most of the commercial areas are outlined;that in very few instances they get a request to have a plan change from residential to commercial,with exception of the water company case;that in Mr.Connolly's case,when he raised his concern about this general plan timing,that was a residential area where it was restricted to conventional houses and he is pursuing the idea of perhaps manufactured home development.He stated that Section 18 was an area they had targeted for their next study area after they have completed with Section 21, since there is a lot a controversy over the manufactured housing issue. Councilwoman Alger stated that as far as the effectiveness of the long-term planning,it is obsolete;that by loosening up the requirements will be of benefit to the community because we are loosing business;She stated we need to have some more flexibility there until our plan is where it should be;that staff resources is probably going to be a problem and that the Council may have to have a session of prioritizing what the Council feel is of importance in the planning area.She listed some of the changes that need to be looked at. Ms.Connelly stated that the state law clearly says that when legal advertising fees are incurred on the behalf of an applicant,the applicant has to bear the cost;that the city for a variety of reasons has not been doing that for a number of years and at some point in time we need to stop subsidizing those expenses.She suggested to have a different application fee plus legal advertising costs. Councilwoman Alger mentioned that the Council had reviewed of the fees that other cities were charging for general plan amendments;that they talked about the advertising clause at that time and they decided to go with the $300.00 because that was about the same other cities were charging;if they want to change it that they put it in with their general plan review and recommendations. Mr.Gimbut mentioned that he and the City Clerk had discussed the idea of reducing the fee to $100.00 plus legal advertising cost. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 7 OF 11 Mr.Paul Connolly,1935 S.Cactus, spoke in favor of this item. Councilman Perkins asked if they are up to full staff in Planning and Zoning. Mr.Nakagawa answered they are in the process of filling a planner's position right now.He also stated that in Mesa the fee is $500 per application and they average about two to tree amendments per year,but it takes them about 150 to 180 days to process one amendment and usually they look at five-or ten -acre minimum site area.He also asked the Council to identify the issues they wish Planning to pursue and examine. Councilwoman Alger suggested that they follow the process the County used when they did their review of the General Plan,which is basically a random processing;that the Council does not have anything to give staff to look at other than to begin the process and select a group of people to do the public hearings,and then the staff work after that fact. Councilwoman Barker commented that we are a very young city and we can't do the same things that other major cities do right now;they are established,they know where they're going,they have their parameters already set out;that when we are at that point then we will be able to limit the number and type of general plan amendments. Councilwoman Alger MOVED THAT THE CURRENT DEADLINES FOR SUBMITTING GENERAL PLAN AMENDMENT REQUESTS BE SUSPENDED TEMPORARILY UNTIL THE GENERAL PLAN IS UPDATED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS PATTERN/MARKINGS TO BE USED IN DESIGNATING CITY VEHICLES )City Clerk Kathy Connelly briefed the Council on this item to include the placement of city seals and the words "For Official Use Only"on both front doors and the vehicle numbers on the side fender and trunk area. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PATTERN OR MARKINGS TO BE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 8 OF 11 USED IN DESIGNATING CITY VEHICLES THAT WE FOLLOW THE POLICIES WE PREVIOUSLY ESTABLISHED AND THAT WE ALLOW THE USE OF THE SEVEN-INCH SEAL VERSUS THE LARGER SEAL ON THE SIDES OF THE DOORS. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger commented that on October 19 there will be a hearing at the high school regarding the landfill issue and she asked the Council to suspend their work session that night so that they all can attend that meeting. Councilwoman Alger MOVED THAT THE WORK SESSION OF OCTOBER 19 AND EXECUTIVE SESSION BE CANCELLED;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,OCTOBER 20,1992 IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins informed the Council that on October 16 at Prospector Park will be the annual softball game of Apache Junction Police Department vs. the Apache Junction Fire Department;that this will benefit the program for the Deaf.Also,on October 29 the Fraternal Order of Eagles will have a spaghetti dinner with proceeds to benefit the Police Department and the Fire Department. ADJOURNMENT Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of September 15,1992. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6,1992 PAGE 9 OF 11 3.Ratification of City Manager -negotiated settlement between the City and Gene & Sybille Wilson,for a building at 1368 South Winchester. 4.Authorization to approve Library Needs Assessment Study to be performed by Capital Improvement Associates,Inc. 5.Proposed Resolution No.92-28,resolution and acceptance of Intergovernmental Agreement from State of Arizona Governor's Office for Children,Juvenile Justice Program. 6.Authorization to approve Intergovernmental Agreement with State of Arizona Governor's Office of Drug Policy and contract with the Abuse Prevention Council for $5,000 grant. 7.Approval of bids PW 92-01*A and PW 92-09 for Street Sweeper and Contract Striping,and rejection of PW 92-01. 8.Approval of correction to term expiration dates for Construction Code Board of Appeals members,Dallas Dewey and Christina Juck,from June 30, 1995 to June 30,1994. ACCEPTED THIS 20TH DAY OF OCTOBER ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF OCTOBER ,1992. i/VIAnd v-,-10LAn As THOMAS=DAMIANO Mayor ATTEST: KATHLEEN CONNELLY • City Clerk REGULAR-MEETING.OF THE CITY COUNCIL OCTOBER 6,1992 PAGE, 10•OF 11 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 6th day of October,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of October,1992. KATHLEEN CONNELLY City Clerk REGULAR -MEETING,OF THE CITY OCTOBEV6,1992: PAGE 11AWA1