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HomeMy WebLinkAbout1992-03-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 3,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 3,1992 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 7:05 p.m. INVOCATION Pastor Vaughan Pruitt gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: (Councilman Perkins was absent.) 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 Planning Division Manager Jim Nakagawa Asst.Planner Rudy Esquivias Others Present:Mr.Henry Steelsmith,201 W.Apache Trail, Apache Junction. ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 1 OF 13 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS None. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano awarded the following city employees with Certificates of Service and 10 -year and 5 -year pins accordingly:Douglas Dobson,Ray and Marilyn Oberg,Kathleen Delaney,Barbara Pruitt,Shirley Tapley. City Clerk Kathleen Connelly read a Proclamation for the Professional Social Worker Month,March 1992. Sandie Smith,8253 E.Lavender Dr.,of the Apache Junction Clean and Beautiful presented their 1991 activities report.She also informed the Council that on March 7th they will clean up the median and road sides on Apache Trail and US 60 from Meridian to Silly Mt.and invited the public to help. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Assistant City Manager George Hoffman informed the Council that departments have been submitting their draft budgets for FY 1992-93;that the Health and Human Services Commission met recently to consider funding allocation recommendations for Council;and pointed out that public works crews have been doing some concrete work at city hall to make the facilities more accessible physically for handicapped individuals. PUBLIC HEARINGS ORDINANCE NO.825,PZ-17-91:GOFF AND MCGILL,REPRESENTED BY BOCKMAN assistant planner to speak on this item. Mayor Damiano called upon the Planning Division Manager Jim Nakagawa briefed Council on this item.He stated the Planning and Zoning REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 2 OF 13 Commission held a public hearing on February 11th and recommended approval of the request,and Planning is in concurrence with that recommendation. Mayor Damiano addressed the Council for questions and the public for comments.There being no one wishing to speak,he closed the public hearing. Councilman Coleman MOVED THAT ORDINANCE NO.825 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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-17-91 FROM GR (GENERAL RURAL)TO CR-1(MH)(SINGLE FAMILY RESIDENCES ON 20,000 SQ.FT.MINIMUM LOTS/MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.825,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.826,PZ-18-91:PARKER, REPRESENTED BY LAKE assistant planner to speak on this item. Councilwoman Barker SECONDED THE Mayor Damiano called upon the Planning Division Manager Jim Nakagawa briefed council on this item.He stated the Planning and Zoning Commission held a public hearing on February 11th and recommended approval of the rezoning.He stated he called to the commission's attention their previous decision against manufactured homes,but in this case they are in favor of it.He stated staff asked the commission and the council at the time of a previous general plan amendment case what was their fundamental position REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 3 OF 13 with respect to manufactured homes,and according to his recollection both the Planning Commission and the City Council indicated they were in favor of taking a rather restrictive and not a lenient position with respect to the development of manufactured homes.He stated based on that decision and also relying on what the general plan calls for in this area staff is recommending denial of this rezoning. Mayor Damiano opened the public hearing. Mr.Bob Lake,288 N.Ironwood, Apache Junction,stated the people are going to put this property back into one parcel;that it is zoned for apartments which the land will probably never be used for;that they want to use the land somehow and the best use would be for mobile homes. Councilman Coleman asked if this land could not be put back into one parcel without the rezoning. Mr.Lake replied it is zoned for apartments and there is not much they could do with that. Councilman Coleman stated there are some apartments to the north of the property. Mr.Lake replied they could not build many apartments because of the Weekes Wash there. Councilman Coleman asked if he means they will be able to get a better use of the land if they are allowed to put mobile homes on it. Mr.Lake replied one mobile home, just a home site because the next parcel is in the middle of a Weekes Wash. City Attorney Glenn Gimbut pointed out there is a legal concern.He stated if the rezoning is contrary to the general plan then this could not be done without amending the general plan. which section is this land located. determine it is not mobile home allowed. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 4 OF 13 Councilwoman Alger asked staff on Mr.Nakagawa replied Section 21. Councilwoman Alger asked how can he Mr.Nakagawa replied it does not have the mobile home overlay hash designation.He stated there are certain areas in Section 21 without that. Councilwoman Alger stated he means that because they did not draw a line across that land he is determining it is not for mobile homes. Mr.Nakagawa replied that is right. Councilwoman Alger stated regarding the hash mark on the map they have been through that before;that there is no written word that establishes where this zone for mobile homes is at.She stated the hash marks are right next to that property but they cannot determine if someone did not make another hash mark on the map or if that property was to be included with the hash mark next to it.She did not agree with the interpretation that there should be no more mobile homes in that area;that Section 21 has always had mobile homes allowed;and that there are mobile home parks all around this property. Mr.Nakagawa pointed out there are primarily travel trailer parks but some are mobile homes. Councilwoman Alger asked how can they make a determination when they don't have any kind of narrative saying that area is not intended for mobile homes or it is to be part of the mobile home area. Mr.Nakagawa replied he agrees it would be helpful to have narrative in the general plan specifically saying the city wished to take a rather restrictive stand with respect to manufactured home development;that the question was made to both the commission and the council at the previous general plan amendment case that if the city wanted to take a lenient position or a rather strict position,and the response was to take a strict position and try to discourage any further proliferation of manufactured home development;so,based on that staff offers this recommendation. Councilwoman Alger stated until they correct the deficiencies with the hash marks and no narrative in the general plan it is very difficult to take that stand. Vice Mayor Eidson stated he agrees with Councilwoman Alger and that in this case his choice would be a lenient stand. attorney for his legal opinion. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 5 OF 13 Councilwoman Barker asked the city Mr.Gimbut replied he would prefer that the city amend the general plan and make it clear,so that they don't make inconsistent interpretations. Councilwoman Alger stated the ordinance they just passed allows a lot to be split for mobile homes use and this is a request for three lots to be combined for one mobile home instead of three,and why they don't want to allow this. Mr.Nakagawa replied it is not the number of mobile homes but the housing type that is the issue in this case. Mr.Gimbut stated he is not saying this application does not have merit and should not be passed but if Council is going to do a rezoning that might be in conflict with the general plan, then Council has to amend the general plan too in the same action or motion. Mr.Lake asked if a land is zoned TH or Travel Home site and he wants to rezone it,would Council do it without amending the general plan? Mr.Gimbut replied if is in compliance with the plan,the rezone can be done without amending the general plan,otherwise the plan has to be amended at the same time of rezoning.He stated the law states the city should not zone contrary to its general plan. Councilwoman Alger asked if this item were postponed,would the applicant not have to reapply and pay fees again?And,if Council could continue with the process until the general plan amendment is done. Mr.Nakagawa replied it would take a great length of time and general plan amendments are processed twice a year. Councilwoman Barker stated it is her understanding that individuals could bring general plan amendments before Council twice a year,but she did not think this would apply to Council- initiated plan amendments. Councilwoman Alger asked if Planning has received any general plan amendment requests for this hearing period. plan amendment could be done in April. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 6 OF 13 Mr.Nakagawa replied no. Councilwoman Alger asked if this Mr.Nakagawa replied he doubts it. Councilwoman Alger asked if the applicant's case could be continued when the amendment is done. continued. pay and how much it would be. Mr.Gimbut replied it could be Vice Mayor Eidson asked who would Mr.Nakagawa replied he recalls that the cost for privately initiated general plan amendments is to be borne by the applicant.He stated the continuance of the rezoning case will require readverti sing. Councilwoman Barker asked staff if the applicant was ever told it would be wise to propose an amendment to the general plan. Mr.Nakagawa replied to his recollection that was the case.He stated that in the standard zoning requirements they advise the applicant to review the general plan and locate the particular parcel on it to see whether or not it would be consistent. Assistant Planner Rudy Esquivias stated he spoke to a person who might have been Mr.Parker;that this person came in and inquired about this property and that person was told at that time there was a general plan problem as far as putting mobile homes in there;and that he recalls that some time ago he also talked to Mr.Lake about it. Councilwoman Barker stated the city attorney has given Council legal advice on how to proceed and now it is up to the Council to go through with the process. Councilwoman Alger stated another problem they are facing is that under the current CR-5 the people cannot put a single family residence on that property without a conditional use permit. Mr.Nakagawa replied Council has the ability to zone to CR-1 without the mobile homes and that would make the city consistent with the density designation for the general plan,and it would also be consistent with the housing type. Councilwoman Alger stated their problem is they don't have an intent for this mobile home overlay and they might be interpreting this in some way that is not meant. Mr.Nakagawa replied that issue was previously brought up before the Council and the Planning and Zoning Commission,and the explanation is the Council that adopted the general plan REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 7 OF 13 took a rather restrictive position with regard to manufactured homes and whatever vacant parcels remained on 10 -acre cells they wanted those areas set aside for conventional home development. Councilwoman Alger asked how many acres is the land where the property is located. Mr.Nakagawa replied it is 30 acres. Mayor Damiano asked the public for any more comments and there being no one else wishing to speak,he closed the hearing. Councilwoman Alger MOVED THAT THIS ITEM BE POSTPONED FOR THE SAKE OF THE APPLICANT UNTIL COUNCIL HAS THIS SORTED OUT AS TO WHAT NEEDS TO BE DONE AND THEY GET IT DONE. Councilwoman Barker SECONDED THE MOTION. Ms.Connelly asked if anybody wanted to offer a date or if they wanted to leave an open ending. Councilwoman Alger suggested that it be brought back to Council after the general plan has been taken care of. handle the expenses. Vice Mayor Eidson asked who will Mr.Gimbut stated if there is a state of confusion on the part of the applicant,that is a problem the city should bear.He suggested to amend the motion to direct staff THAT THIS BE A COUNCIL -INITIATED GENERAL PLAN AMENDMENT AND THE REZONING BE BROUGHT BACK TO THE COUNCIL AT THE TIME OF THE GENERAL PLAN AMENDMENT ALSO. Councilwoman Alger requested to make that part of the amendment to her motion and also add THAT THE POSTPONEMENT IS AT THE CONVENIENCE OF THE COUNCIL AND THAT THE APPLICANT BEARS NO COST. Councilwoman Barker concurred with Councilwoman Alger. Councilman Coleman stated he would be in favor of the applicant bearing the cost of the general plan amendment and not paying for the readvertising. Councilwoman Alger stated if this were not an old problem she would agree with Councilman Coleman,but this is a REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 8 OF 13 problem that has been recurring and Council should have dealt with a long time ago,so she felt the applicant should not bear the cost. The Council proceeded with the vote. VOTE:In favor:Councilwoman Alger,Councilwoman Barker,Councilman Cox, Vice Mayor Eidson,Mayor Damiano. Opposed:Councilman Coleman. The motion carried. Mayor Damiano called the meeting to a recess at 8:20 p.m.The meeting resumed at 8:35 p.m. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF CONTRACT WITH CAPITAL IMPROVEMENT ASSOCIATES,INC.FOR PRO- GRAM MANAGEMENT SERVICES )Mayor Damiano called upon the assistant city manager to speak on this item. Asst.City Manager George Hoffman stated this action is based on council direction to staff to proceed with the construction of the public safety building.He stated staff is recommending to hire a program management firm to achieve the costs scheduled and performance objectives.He then explained the project management services by CIA,Inc. Councilwoman Alger recalled that the original letter of intent to the fire district has been postponed and asked if for some reason the city decides to go forward on that,would the city still use the same project management idea on either direction. Mr.Hoffman replied he believed the answer would be yes,determining the scope of the city's needs.He explained this firm proposes preplanning which is the assessment of the city's needs, getting council to understand the scope of work,and it establishes the premises to build the project;so this would still be a valuable service to the city. Councilwoman Barker asked the city attorney to explain why the city is not asking for bids on this project. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 9 OF 13 Mr.Gimbut made reference to section 3-7-7 of the City Code,in particular Section "H".He stated the project fee is $10,500 and as a result it is a project that is not a complex or a large project by definition,and falls in the range between $5,000 and less than $75,000.He stated Subsection "H"provides that with the concurrence of the City Manager the department may authorize deviation from these selection procedures when it is to the advantage of the city to negotiate on a sole source basis with a specific consultant.He stated that Section 2 defines the special,unique qualifications of the consultant and stated the firm is a unique,very highly specialized form of engineering services and further described these services. Mayor Damiano allowed a person from the public to speak on this item. Mr.Henry Steelsmith,201 W.Apache Trail,stated he is a registered architect in Arizona and in his opinion the city does not need to hire a consultant for this project. Councilwoman Alger MOVED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH CAPITAL IMPROVEMENT ASSOCIATES,INC.FOR A FEE OF $10,500 TO PROVIDE NEEDS ASSESSMENT,PRE -DESIGN, AND RELATED SERVICES FOR THE PUBLIC SAFETY BUILDING. Councilman Cox SECONDED THE MOTION. Councilwoman Barker stated she has found that the necessity of an objective,preplanned needs assessment is important to any project.She stated even though she did not vote to spend money on this project the majority of the Council approved it and now she feels it is her duty to back up the rest of the councilmembers. with Councilwoman Barker. VOTE:Unanimous. The motion carried. Councilman Coleman stated he agrees COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS COUNCIL DIRECTION TO STAFF TO PREPARE REPORT ON MAGISTRATE COURT REVIEW )Mayor Damiano called upon the city attorney to speak on this item. City Attorney Glenn Gimbut stated that in the past the magistrate court review process has been done as it was indicated in the contracts,but for unknown reasons this requirement has been REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 10 OF 13 excluded from the current contracts.He stated some process needs to occur for a review of the magistrate court and that recommendations be presented to Council for action as to whether or not the magistrate appointments should be made;and that it is also part of this process to conduct at the same time a review of the court and attempt any other recommendations that may be of concern for its operation. Councilwoman Barker MOVED THAT THE CITY MANAGER AND THE CITY ATTORNEY BE DIRECTED TO PROCEED WITH A REPORT ON THE REVIEW OF MAGISTRATE COURT PROCEDURES AND POLICIES WITH RECOMMENDATIONS CONCERNING MAGISTRATE APPOINTMENTS,PERSONNEL POLICIES AND PROCEDURES,AND PROFESSIONAL SERVICES PROVIDED TO THE CITY WHICH ARE RELATED TO COURT FUNCTIONS. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 16,1992 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 17,1992 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. Vice Mayor Eidson SECONDED THE VOTE:In favor:Councilman Cox,Councilman Coleman,Vice Mayor Eidson, Councilwoman Barker,Mayor Damiano. Opposed:Councilwoman Alger. The motion carried. INFORMATION AND REPORTS Councilman Coleman informed the Council that the high school basketball team went to a state competition and they did a good job in representing the high school as well as the community. City Clerk Kathy Connelly pointed out to Council a memo regarding Senate Bill 1308 and that it was important to contact Senator Rios as soon as possible. REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 11 OF 13 Mayor Damiano informed the Council he attended a library advocacy program in Casa Grande. ADJOURNMENT meeting at 9:15 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. )Mayor Damiano adjourned the 2.Acceptance of the Minutes of the Regular Meeting of February 18,1992. ACCEPTED THIS 7TH DAY OF APRIL ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF APRIL THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 12 OF 13 ,1992. 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 3rd day of March,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of March,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 3,1992 PAGE 13 OF 13