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HomeMy WebLinkAbout1992-12-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 15,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 15,1992 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 7:04 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: (Councilwoman Barker was absent) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Associate Planner Rodney Class -Erickson Assistant Planner Rudy Esquivias Parks and Rec.Director Jeff Bell ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 1 OF 11 THAT RONALD R.MASON BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY,FOR A TERM TO EXPIRE MARCH 18,1997;AND THAT THE MAYOR AND CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE EAST VALLEY CATHOLIC SOCIAL SERVICES FOR THE USE OF THE COMMUNITY/SENIOR CENTER;AND THAT RESOLUTION NO.92-34,APPROVING THE APPLICATION FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND AND WATER CONSERVATION FUNDS FOR -PROSPECTOR PARK DEVELOPMENT,PHASE III,BE APPROVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee reported on a meeting held in the Town of Gilbert on Monday,December 14,1992 regarding the Williams Air Force Base Reuse.He stated that Senator McCain and members of the governor's regional airport commission expressed concerns about the potential of WAFB being developed as a reliever airport to Sky Harbor Airport,whether or not that would be in the best interest of the State i f it were to preempt the development of a regional airport.He explained that the reason for their concerns is that there is not enough justification for more than two major airports in the area,so their contingency is that whichever airport becomes a reliever for Sky Harbor Airport naturally should become the regional airport. Mr.Lee informed that one of the recommendations of the reuse plan that was submitted to the governor and was accepted by him was that one of the uses of Williams Air Force Base would be as a reliever airport;that also there is interest and work being done exploring the possibility of developing WAFB as an educational facility for an ASU east campus;that there is a lot of interest from other parts of the country to use WAFB as a major pilot training school but there is concern that it may not be compatible with a regional airport;and there is also concern about noise and other conflicts as far as the WAFB location. REGULAR MEETING OF THE CITY COUNCIL -DECEMBER 15,1992 PAGE1:0F11 Mr.Lee informed the City Council that Pinal County,as part of its closure of the landfill in Apache Junction,will also be closing the septic liquid waste disposal area;that creates a problem for the residents and people in the surrounding area because the next closest place will be the New River site which is approximately eighty to eighty-five miles from Apache Junction;that we have been informed that when that occurs there would be approximately a 300% increase in fees. Mr.Lee stated that septic haulers have been informed by Pinal County that the facility will be closed on January 1,1993;since that time we have been in contact with Pinal County and it is possible to extend that date for a month or so but that is not enough time from today.Mr.Lee announced that Mr.Garth and Mr.Cooper were present in the audience and suggested that maybe they could meet with Richard Dyer of the Independent to provide more details on this. Mr.Ed Cooper from Cooper Sewer & Drain,confirmed the 300% cost increase;a 400% increase in man hours just to go to the new landfill;a 150% dump fee increase as well as the testing fee;plus the added mileage or trucking fee over the regular pumping fee;and that according to preliminary studies it is going to be between $150.00 to $200.00 per a thousand gallons at the time of closure of the landfill. PUBLIC HEARINGS ORDINANCE NO.853,PZ-12-92,REZONING REQUEST BY JIM MOSS AND LUCY YOUNG )Planning Division Manager Jim Nakagawa stated this is a rezoning request from CR-3 to CR-4/PD;that this zoning is intended for a child day care center;that it will be about 660 feet south of 16th Avenue and on the west side of Ironwood;that the PD designation would allow this project to conform with the General Plan;that the child care center will be known as "The Little Prospector"and the design motif of the structure will be basically southwest territorial which will be in keeping with the Council desired design theme.He stated that the Planning and Zoning Commission on November '24th recommended approval of this case;the DCC Committee reviewed the project and some issues regarding parking design and sewage disposal were discussed which apparently have been resolved;and staff is recommending approval of this rezoning case. Mr.Paul Connolly, .1935S.Cactus who represented the applicants spoke in favor.He pointed out this is the first privately -built building in Apache Junction since Mr.Beaulieu and he built Arroyo Hermosa in 1988. the public for comments. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, ,1992S PAGE 3:OF 11; Mayor Damiano opened the hearing to Mr.Stan Jenkins,5232 E.Dolphin in Mesa,stated they own the adjacent property that wraps around the proposed project;that he talked to Mr.Moss last night who stated that the building will look real nice when it's completed;that the Jenkins were concerned that if the building is not aesthetically nice,it will distract from the development that they hope to have there;if everything is as the plan shows, then he thinks they don't have a problem;that the day care is needed and wanted and he believed it is a plus to the adjacent property and to the area; their concern is to be sure the City will follow through with the aesthetics of the project. Also,Mr.Jenkins stated they are concerned about the retention basin as it is shown on the plan in the very back of the property;it doesn't tell if that would be dug out or if it would be an area where water would be directed to which would flow from that property onto his;that the only fencing would be in front of the retention basin leaving it visually exposed to theirs;that they would like to see a block -wall put around that is not accessible by anyone outside of the property and asked if there is a way to stipulate that on the plan. Mr.Nakagawa replied that according to the drawing he has the applicant is proposing a concrete masonry perimeter wall. Mr.Jenkins asked if the perimeter wall is on the property or on the playground area. Mr.Nakagawa answered it does not go clear to the property line but rather it basically contains the playground area. Mr.Jenkins replied that it is fencing out the water retention basin and their concern is that it be made such to hold the water on the property and that there be a screening wall between the properties so it doesn't create a problem for the Jenkins both as a nuisance as well as visual. Councilwoman Alger asked Mr.Jenkins what kind of a project was he proposing to put on their property. Mr.Jenkins answered they recently acquired their property and have not considered that in detail;it would be single-family. Councilwoman Alger asked Mr. Nakagawa if according to our regulations the applicants would not have to fence the retention at all;only the wall on the playground is all that the ordinances will require for separation from a residential area. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 4 OF 11 Mr.Nakagawa answered that in this case through planned development zoning you may stipulate your requirements if it's other than a single-family house;of course they are going to need to provide a wall for security reasons. Councilwoman Alger asked Mr.Jenkins if the wall he is looking for is to block the view of the retention basin. Mr.Jenkins answered that basically that would be it.He explained that many times the retention basin is used for a playground area or for parking and it seems they have chosen to eliminate it from the project which makes him wonder if it's not going to be eye appealing or useable;he was concerned that it would create a liability i f it were not maintained;that he talked to Mr.Moss about it last night and he did not have an answer because he was not sure how that would be handled. City Engineer Gordon Grandy replied that the water will not be just diverted to the rear of the property but there will be a basin back there to contain the water;that containment of the water will meet engineering regulations and they can either spread it out and have it shallow or confine it and have it deep;it is really their choice.He added that aesthetically,if Mr.Jenkins objects to the retention basin then that might be a criteria that Mr.Jenkins needs a wall;as far as the aesthetics,there are many other subdivisions and developments that incorporate such basins as open green belt areas which may become attractive instead of something aesthetically displeasing for Mr.Jenkins;that what the site needs according to engineering drainage criteria is that they must provide a retention basin. Mr.Jenkins replied he did not disagree with that;however,the Jenkins do not own that property and they can't do something to make it aesthetically appealing;that he feels from what Mr.Moss said last night that it would not be a problem and the Jenkins would like to have it noted in the record what is their concern;if it were to become a problem,they would like to have support from the City to rectify it. Councilman Perkins stated he can understand Mr.Jenkins'concerns but he also looks at the whole picture,not just to a preschool going there;that there are a couple of churches there and a ball field that it's going to be utilized in the future by the City and the church that owns that property;so as far as that becoming a eye sore he does not see it happening.He assured Mr.Jenkins there would not be a problem. Mr.Jenkins replied he thinks Councilman Perkins is right and he just wants to reassure they have some notation of that;that he knows that the ball diamond at the church area was a weed patch for some time but it has been overcome.He stated that some times things don't go the way we want and he just wanted some assurance that the City would be positive about putting a development in there and that they REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 5 OF 11 would get some assistance if something happened and the day care basin was not maintained. Councilman Coleman MOVED THAT ORDINANCE NO.853 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson SECONDED THE MOTION. 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 APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN CASE PZ-12-92 FROM CR-3 (SINGLE FAMILY RESIDENCES/ CONVENTIONAL HOMES)TO CR-4/PD (RESIDENTIAL ZONE FOR A CHILD DAY CARE CENTER/ PRESCHOOL BY PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.853 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eidson SECONDED THE ORDINANCE NO.854:NO PARKING ZONE ON WINCHESTER ROAD WITH EMERGENCY CLAUSE )City Engineer Gordon Grandy stated that the Engineering Department was made aware of visibility problems at the corner of Winchester Road and 4th Avenue;that they saw that some of the customers of Reid's Tire were inadvertently parking on the corner obstructing the view from vehicles trying to use 4th Avenue;this ordinance would establish a "no parking"zone on the east side of Winchester starting at the corner of 4th Avenue and going north for ninety feet.Mr.Grandy stated he spoke with the owner of Reid's Tire and they made other arrangements for employee parking in order to free up customer parking in front of the store; this ordinance would establish the "no parking"zone to be enforceable by the Police Department. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 6 OF 11 Vice Mayor Eidson MOVED THAT ORDINANCE NO.854 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING LOCATIONS FOR "NO PARKING"SIGNS IN THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Eidson MOVED THAT ORDINANCE NO.854 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS COUNCIL APPROVAL OF NAME FOR A PORTION OF OLD U.S.60 BETWEEN PHELPS DRIVE AND GOLDFIELD ROAD,AND DIRECTION TO STAFF TO PROCEED WITH DRAFTING AN APPROPRIATE ORDINANCE )Mayor Damiano stated that a meeting was held on December 11th with members of the Chamber of Commerce to discuss a new name for old U.S.60;that several names were suggested and the one they selected was "Old West Highway"He explained that US 60 begins at Lordsburg,New Mexico and goes through other towns as the old west highway. City Attorney Glenn Gimbut stated that the City Clerk suggested that a check be made with the post office and Pinal County to be sure there is no particular problem with this particular name on this stretch of roadway.He requested that it be part of the direction to staff to check with the post office and Pinal County on that. Mayor Damiano pointed out that adoption of the new name had to be done as soon as possible. Public Works Director Rich Broman explained that Idaho Road is the zero mark east and west,so the addresses REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 1 OF 11 from Phelps to Idaho will be West Old West Highway and from Idaho to Goldfield will be East Old West Highway. explained that. City Engineer Gordon Grandy further City Manager Mike Lee commented that officially the only road that would be named Old West Highway would be within the city limits of Apache Junction.He explained that Old -W-est Highway is a promotional name or nickname for this highway among the chambers of commerce between here and Lordsburg but there is no other official name for Old West Highway outside this area. Mr.Harold Brumbaugh,2935 E.18th Avenue,was allowed by the Council to speak on this item.He asked why not name it Main Street since it is a continuation of Main Street coming from Mesa and eliminate the confusion. The Council pointed out the fact that Main Street changes to Apache Trail going through Apache Junction and it continues north to become SR 88. Councilwoman Alger MOVED THAT WE RENAME THE PORTION OF OLD U.S.60 BETWEEN PHELPS DRIVE AND GOLDFIELD ROAD AS "OLD WEST HIGHWAY"AS RECOMMENDED BY THE CITY COUNCIL AND CHAMBER OF COMMERCE; AND THAT STAFF PROCEED WITH DRAFTING AND ORDINANCE FOR FORMAL ADOPTION OF THE NEW NAME AFTER CHECKING WITH PINAL COUNTY AND POST OFFICE TO MAKE SURE THERE IS NO DIFFICULTY USING THAT NAME. Councilman toxSECONDED .THE MOTION: VOTE:Unanimous. The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. 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 MONDAY,JANUARY 4,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 8 OF 11 CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,JANUARY 5,1993 IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins informed that the fire district was going to hold their open house at the new fire station;that he would check on the date and the Council would be notified. Mayor Damiano informed that he and the City Manager met with Senator McCain and the east valley mayors on Monday,December 7th to talk about the airport;that somebody from Apache Villa came to see him about a street lighting district and the mayor told the audience that anybody who wants a street lighting district in their neighborhoods can come to his office and they will discuss it and the mayor will get somebody to give them the necessary paperwork for that. Mayor Damiano also informed that he and the city engineer inspected Lost Dutchman Road for mud;that at 2:00 p.m.on Thursday,December 10th he and other staff members met with some ladies from the Red Cross to talk about a van for the Red Cross for $16,000. City Manager Mike Lee explained that the Red Cross provides the van and the $16,000 is for the operating and maintenance of it;that this will happen some time in the summer and it will take until March to get it through the Maricopa County supervisors. Mayor Damiano reported that Monday,December 14th was the public hearing of the Corporation Commission regarding Consolidated Water Company rate increases;that they all spoke against this issue;that there was a citizen in the audience who was constantly complaining and making false claims about the City Council not doing anything about it.He explained that the Council has been working together to fight this water rate and they made a resolution against the water increase over a year ago;that the Council sends letters and they receive them and acknowledge them and they are taking the City Council's advice. ADJOURNMENT )Mayor Damiano adjourned the meeting at 7:50 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 9 OF 11 1.Acceptance of agenda. 2.Acceptance of the minutes 3.Acceptance of the minutes 4.Appointment to Industrial 5.Approval of Agreement for Catholic Social Services. of the special meeting of December 1,1992. of the regular meeting of December 1,1992. Development Authority Board of Directors. Use of Community Center with East Valley 6.Approval of Resolution No.92-34,which authorizes the City to file an application for Arizona Heritage Funds or Land and Water Conservation Fund Assistance in the amount of $225,000 for Prospector Park Development. ACCEPTED THIS 5TH DAY OF JANUARY ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY ,1993. THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 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 15th day of December,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of December,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1992 PAGE 11 OF 11