Loading...
HomeMy WebLinkAbout1992-04-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 21,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 21,1992 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 7:07 p.m. INVOCATION Vice Mayor Eidson 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 Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Interim Director of Development Serv./ Planning Division Manager Jim Nakagawa Assistant Planner Rudy Esquivias Building and Safety Manager Lynn Underwood Mr.Ed Gorny,1000 W.Apache Tr.,Apache Junction Ms.Pat Nelson,101 N.Apache Tr.,Los Vaqueros, Apache Junction Mr.Lowell Arnold,P.O.Box 807,Apache Junction REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 1 OF 14 Mrs.Jean Perkins,616 N.Cactus,Apache Junction Mr.Bob Milbrat,5214 E.Cactus Wren,Apache Junction ACCEPTANCE OF CONSENT AGENDA CONSENT AGENDA BE ACCEPTED AS PRESENTED; Councilman Coleman MOVED THAT THE I FURTHER MOVE THAT THE STREET IMPROVEMENT LIST AS RECOMMENDED BY THE TRANSPORTATION BOARD ON MARCH 4,1992 BE ADOPTED;AND THAT THE SETTLEMENT OF ALBERT MOORE V.CITY OF APACHE JUNCTION WHICH WAS DISCUSSED BEFORE JUDGE O'NEIL OF THE PINAL COUNTY SUPERIOR COURT,BE APPROVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented service pins and certificates to the following city employees for five years of service:Carlene Krick,Joe Davis,Patrick Garland,Spencer Paden,Richard Virgil,Lois Laughlin,Randolph Eckert,Wanda Rackoczy,Lucretia Pelletier,and Robert Haywood;and to Sheldon Hunt for ten years of service. City Clerk Kathleen Connelly read a proclamation for "Youth Week,"May 1-7,1992,and Mayor Damiano presented the proclamation to a representative of the Elks Lodge No.2349.Ms.Connelly also read proclamations for "Community Development Block Grant (CDBG)Week," April 20-24,1992;and "Fair Housing Month,"April,1992. CALL TO THE PUBLIC Mr.Bob Milbrat,5214 E.Cactus Wren,asked the council to approve Resolution No.92-08.He also commended the city's police for their outstanding service in the community. Mrs.Jean Perkins,616 N.Cactus, asked the council to support Resolution No.92-08.She also asked the council to support Senate Bill 1319 which would mean lower taxes for Pinal County and would not affect city businesses. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 2 OF 14 City Manager Michael Lee called to the council's attention the problem of sewage disposal for Apache Junction.He stated the city's current disposal site through Pinal County will be closed by March 1993 due to EPA requirements and although there are other disposal sites in the area these are more costly. He pointed out septic tanks may fail and they may be difficult to replace or maintain and this represents a possible health problem for Apache Junction. He suggested some options to consider such as work with Pinal County in a joint venture to provide this service or work with Casa Grande on a better option. Mr.Lee also informed the council that Pinal County has plans to close the local landfill in a year and there are some assurances that a new landfill will be found about the same time which is proposed to be located about 15 miles from the city;that a transfer station is being considered and the city has been discussing that possibility with Pinal County. Mr.Lee reported complaints from the public about the recycling center not being opened as it has been advertised.He explained the center is operated by volunteers and it may be difficult to keep it open at all times. He stated Public Works Director Rich Broman and himself will be meeting with representatives of the Apache Junction Clean and Beautiful in an attempt to resolve this problem. Mr.Lee also reported he met with other city managers of Pinal County, including the county manager,to discuss various issues that affect Apache Junction;that they will continue to meet monthly and he hoped this will improve communication among the different entities in Pinal County. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS APPEAL OF DEVELOPMENT SERVICES DIRECTOR'S DECISION OF DENIAL ON A LAND SPLIT LSM 92-001 (FREIDA TYRER) )Mayor Damiano called upon the planning division manager to speak on this item. Planning Division Manager Jim Nakagawa briefed the council on this issue and stated it was denied because of a land -lock problem.He suggested that council consider postponing this case until more thorough study is done on a potential private -access easement.He pointed out that council may be faced with an issue involving the creation of REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 3 OF 14 a subdivision once the easement or street is created.He asked the council to consider that when making their decision. Councilwoman Alger asked why it would create a subdivision if they make it a street. Mr.Nakagawa replied that is found in ARS §9-473,under the definition of subdivision which basically says that a subdivision is created whenever you have more than three parcels,or if the parcel you are dividing into two or more is fixed by the boundaries of a previously recorded plat or if a new street is being created. Councilwoman Alger asked if what he is saying is that if they create a street,the person who wants to split the land has to go under the subdivision regulations. basically the case. like to see that definition. Mr.Nakagawa replied that is Councilwoman Alger stated she would Mr.Nakagawa stated he would read it verbatim for her.He read,"Subdivision or Subdivided Lands:improved or unimproved land or lands divided or proposed to be divided for the purpose of financing sale or lease,whether immediate or future,into four or more lots, tracts or parcels of land;or if a new street is involved,any such parcel as is divided into two or more lots,tracts or parcels of land;or any such property the boundaries of which have been fixed by a recorded plat,which is divided into more than two parts.Subdivision also includes any condominium, cooperative community apartment,town house or similar project containing four or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon.The plats of such projects need not show the buildings or the manner in which the buildings or air space above the property shown on the platter to be divided." Vice Mayor Eidson stated the owners of the lot directly to the north of the land dedicated the right-of-way after January 14,1988 and he did not understand what difference the date would make in this case. Mr.Nakagawa replied what they dedicated was a 15 -foot private -access easement on a date when the city no longer allowed private -access easements unless by council approval;this was not done by council approval,so therefore the city does not recognize it as legal. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 4 OF 14 Vice Mayor Edison stated to him that is questionable because of the fact that the property owners recorded their easement legally with the county. Mr.Nakagawa stated that some times the recorder's office will accept any document for recordation as long as it has original signatures on it or as long as it meets their requirements.He stated that is a problem they find when the assessor's maps show those easements or if they show some parcels that are broken through some land splitting procedure without going through the city. City Engineer Gordon Grandy stated there is multitude of problems associated with private easements,it isn't the same as a public easement;a private easement is specifically for access to a particular lot,so technically friends and relatives could be excluded from using it;also there is a problem with speeding because speed is not enforceable there;and the city could not maintain any private easements. Utilities are also restricted from a private easement because it does not grant them the easement to run any type of utilities into a lot,so even though you may have the right to drive through it to get to a lot,you still might be denied accessibility to reside on that lot because you can't get the improvements needed to make it a profitable property. Vice Mayor replied wouldn't that just be the individual's tough luck at that point if they couldn't build. Mr.Grandy replied the reason why there are subdivision regulations in the community is so that the city can help prevent those kind of situations from occurring and in this case this is what they are trying to do now;even though the neighborhood is dotted with land -lock properties already it is his and Mr.Nakagawa's contention the city does not need to perpetuate the same thing right now. Mayor Damiano asked how can they perpetuate the same thing when this land is not even close to those people. to another land -lock property. do with Mrs.Tyrer. land -lock property. Mr.Grandy replied it's right next Mayor Damiano asked what that has to Mr.Grandy replied she is creating a Mayor Damiano asked how could she if she wants this easement on her own property and her neighbors don't want to do anything and years to come they will want exactly what she's asking for. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 5 OF 14 Mr.Grandy replied he is now confused about what she's asking for and that she asked for a lot split. Mayor Damiano replied yes,and in order to get that she has to have the easement. Mr.Grandy stated she has not asked for the easement that he knows of,he has not seen it come through his office. Mr.Nakagawa stated she has submitted an application to split her property but she did not submit a request to have an easement;the problem is that she is trying to split her property when there is no access.He stated this is the issue they're faced with and some of the other issues they may be faced with when dealing with the private access question is,would a public street make better sense through this area rather than a private street? Councilwoman Alger asked if there isn't also something in the Arizona Revised Status stating the city cannot knowingly allow a land -lock parcel. Mr.Nakagawa replied he did not know that. City Attorney Glenn Gimbut stated he did not believe there is a ban on the cities but he believes there is a ban on private property owners that says then cannot divide land without providing access. Councilwoman Alger stated the point being is that if this is not recognized as a legal easement for use by anybody,then it is a land -lock parcel and the easement is discounted,that is why staff is saying Council should deny this.She stated she is not sure the private -access easement is the best thing to do and that she thought Council should take a closer look before making a decision on it,and that she would like to see it postponed. Councilwoman Alger. Mayor Damiano stated he agreed with Councilwoman Alger asked how much time will staff need to look at that matter properly. Staff concluded it would take a couple of months. City Clerk Kathy Connelly suggested not to exceed 90 days. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 6 OF 14 Councilwoman Alger MOVED THAT THEY POSTPONE THIS ITEM,CASE LSM 92-001 TO A TIME NOT TO EXCEED 90 DAYS FROM NOW AND THAT WHEN THE DEVELOPMENT COORDINATING COMMITTEE AND THE PLANNING & ZONING COMMISSION LOOK AT THIS,THEY LOOK AT PRIVATE -ACCESS EASEMENT VERSUS PUTTING IN A PUBLIC STREET. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF RESOLUTION NO.92-08 OBJECTING TO ANY PROPOSED PLAN OF REDISTRICTING OF STATE LEGISLATIVE DISTRICTS WHICH WOULD DIVIDE THE MUNICIPALITY OF APACHE JUNCTION Councilwoman Barker to speak on this item. Mayor Damiano called upon Councilwoman Barker stated it was brought to her attention that the proposed legislative lines are now being heard by a panel of the Justice Department.She stated these lines split Pinal County into six different legislative districts and that is going to dilute their voice as a county in the legislature;also it splits Apache Junction into three districts and explained these.She stated the attempt to divide this community as well as others happened once before and the council then voiced their opinion in opposition and that was changed,and that is what she would like to see done with this.She presented to the council signatures from people in the community who support this resolution. City Attorney Glenn Gimbut briefed the council on the current legal status of this matter.He stated what Apache Junction legislative districts will be decided by a federal district court judge at this time.He also stated there is a law firm interested in representing people in this legal battle and it might be possible for the Casa Grande area and Apache Junction to join forces in contracting the services of that law firm to make sure that we get proper representation and get a district that serves our area out of the federal district court.He stated he has contacted Mr.LaSoda and the request that the city council assist toward the legal bills that would be created. City Clerk Kathy Connelly stated that in March some of the council and herself met with Senator Rios on some other matters including the redistricting plan.That they were told then that this District 7 was the only one in the state with the proper balance of minority versus non -minority individuals which was a requirement under the REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 7 OF 14 Federal Voting Right Act,and that the remaining districts throughout the state had some difficulty meeting that requirement. Vice Mayor Eidson asked who will get this resolution. Ms.Connelly replied it should be sent to our elected officials who would be Senator Rios,Representatives Celaya and Pacheco;a copy would go to the civil rights division which is in the Justice Department;the office of the Attorney General of the United States,and also the Governor's Office and the State Attorney General. Councilwoman Barker MOVED THAT RESOLUTION NO.92-08 BE APPROVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano called the meeting to a recess at 7:57 p.m.The meeting resumed at 8:10 p.m. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DIRECTION TO STAFF CONCERNING SPACE REQUIREMENTS TO BE PLANNED FOR THE PUBLIC SAFETY BUILDING )Mayor Damiano called upon the director of public safety to speak on this item. Chief McDaniel stated that after a study was done on space needs for the department he would like to bring some points to the city council's attention,but first he would show a video of the building and on how they have to treat juveniles when they are apprehended. He then described the different areas as they were shown on the video.He stated because of the limitations some areas do not meet the state mandates. Vice Mayor Edison asked if they don't follow the state mandates what will happen. Chief McDaniel replied they could be sued.He then described the proposed building.He stated that with a larger facility they can also get state accreditation. Councilwoman Barker asked what is their total square footage now. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 8 OF 14 Chief McDaniel replied 3250 square feet. Councilwoman Barker asked what on their list is not necessary in order to comply fully with laws and to meet state accreditation. Chief McDaniel replied what they need right now to be legal would be about 12000 square feet. Councilwoman Barker asked what would accreditation add to that. Chief McDaniel replied probably about 4000-5000 square feet. Vice Mayor Eidson asked if ten years from now,with the population growing as it is,will the city then have a problem accommodating the community with enforcement? Chief McDaniel replied that any time they add personnel to meet the needs of a growing city they need additional space to put people in,that's why they're recommending the spaces to last until the year 2000-2005. Vice Mayor Eidson asked if the population doubles in ten years,would the police department have to double along with the population? Chief McDaniel replied the police department would not need to double but it would certainly need to add personnel. Councilman Perkins asked that based on their call ratio now if they are understaffed as far as patrol officers. Chief McDaniel replied yes. Councilman Perkins asked what would be the number of people they are understaffed. Chief McDaniel replied about six to eight officers.He added that the FBI recommendation for officers on the street per 1000 population is 2.1 officers,so they should be 40 but they are now 22. Councilman Perkins asked if the 12000 square feet would accommodate 40 officers plus a detectives division. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 9 OF 14 Chief McDaniel replied no. Councilwoman Alger asked if that will go over the 4000 square feet that was removed from this list. to be explained and yes. new police building. to explain the process of the project. Chief McDaniel replied that is going Mayor Damiano spoke in favor of a Councilman Perkins asked Mr.Hameed Mr.Hameed explained they are right now in the pre -bonding or refinancing status which is based on assessment of the needs.The next step is to figure out a budget for the project which is based on the quality of building and kind of facility and this is decided by the council.Upon direction from the council his company will do the design according to the budget.Next is the redesign where the architects get involved and work together with staff as much as possible.When the redesign is approved they move into doing the project.He further explained the technical process. Councilman Coleman asked how the city is going to pay for the project. Mr.Hammed replied they will come back on May 21st and inform the council of the cost,and then it will be discussed how this will be financed. Councilwoman Alger asked if the 4000 square foot that was taken out would make a significant difference in future growth. Mr.Hameed replied that was taken out of the offices but not from the critical areas. Chief McDaniel stated that would make a difference in 10 years. Councilwoman Alger asked if what he is saying is that if they would put the 4000 square feet back in now at today's cost,in 10 years they would not be trying to revamp anything in there because they would have enough space for expansion. Chief McDaniel replied that is true. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 10 OF 14 Mr.Hameed stated once they move into the design it could be less than 4000 square feet but right now they don't know for sure. Councilwoman Alger stated that personally she would like for council to look at the bigger size;if they are going to do it,it would be better to do it with the idea of future growth and not have to do it again in 10 years. Councilman Perkins stated he understands the concerns about the budget but he thinks there are enough places built into this process that once they start looking at figures and space needs they might be able to make adjustments then.He stated he wouldn't like to decide on the footage at this time until they see the cost estimates and how the financing will be done. Councilwoman Alger asked if it is possible to get estimates based on the two different sizes and the financing. of the public to speak. spoke in favor. Mr.Hameed replied yes. Mayor Damiano allowed three members Mr.Lowell Arnold,2304 N.Cortez, Ms.Pat Nelson,manager of Los Vaqueros at 101 N.Apache Trail,spoke in favor. 1000 W.Apache Trail,spoke in favor. Mr.Ed Gorny,owner of Century 21 at Councilwoman Barker referred to past meetings when they discussed the 8000 square foot for the building and asked why Council was not presented with the 12000 square feet at that time knowing that is what is needed to comply with state law and also the additional square footage needed to meet state accreditation.She pointed out that a tight budget is a fact and that Chief McDaniel stated they might have to cut off services this year.Then she addressed the city manager regarding the budget status. City Manager Michael Lee stated that as he has reported before,revenues have improved and so there is evidence that the City of Apache Junction has crossed a critical point in this recession. Councilwoman Barker asked if what he is saying is that the city can afford to do this. REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 11 OF 14 Mr.Lee replied yes,without drastically affecting the other departments. Councilwoman asked what kind of impact on other departments would he anticipate. Mr.Lee replied for example the library could not go back to the operating hours they had before and the city may not be able to develop Prospector Park;also the city would have to be cautious about adding people in other departments and perhaps would have to allow the reserve fund to go lower than expected. Councilwoman Alger asked if that would be more clear to the council next time and have more facts on what the financing would be. possibilities of the project. support of the new police facilities. Mr.Lee explained the financial Vice Mayor Edison confirmed his Councilman Perkins stated he did not believe the true footage for the building was hidden but when the fire administration building seemed available Chief McDaniel saw the opportunity to acquire the space to expand his department and to ask Council for additional square footage. Mayor Damiano read a letter from Dr. William Wright,Superintendent of the school district,in support of the new police facilities. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN THE CITY MANAGER REGARDING CONSIDERATION OF THE POLICE FACILITY,THAT WHEN THE FIGURES ARE BROUGHT BACK TO THE COUNCIL THE FIGURES ARE BASED ON A 20,000 SQUARE FOOT BUILDING AND A 24,000 SQUARE FOOT BUILDING,SO THAT THEY CAN SEE A DIFFERENCE IN THE FINANCING THAT IS AVAILABLE TO THEM. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF AND THE PLANNING AND ZONING COMMISSION REGARDING ECONOMIC DEVELOPMENT COMMISSION RECOMMENDATIONS REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 12 OF 14 ON SIGNAGE )Mayor Damiano called upon the planning division manager to speak on this item. Planning Division Manager Jim Nakagawa stated that at a previous council work session Council discussed the work done by the Economic Development Commission regarding signage and asked that at this time Council direct staff and the Planning & Zoning Commission to consider the recommendations of the EDC to begin the process for having any changes to the sign code considered. Vice Mayor Eidson requested to include in the motion to allow off -site signage for nonprofit organizations with a specified footage. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF AND THE PLANNING AND ZONING COMMISSION REGARDING THE RECOMMENDATIONS OF ECONOMIC DEVELOPMENT COMMISSION ON SIGNAGE, THAT THEY TAKE THE RECOMMENDATION FROM THE E.D.C.AND CONSIDER THEM FOR CHANGES IN THE SIGN ORDINANCE AND AT THE SAME TIME LOOK AT CONSIDERATION OF OFF -SITE SIGNAGE FOR NONPROFIT ORGANIZATIONS. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AT 6 P.M.AND A WORK SESSION AT 7 P.M.BE HELD ON MONDAY, MAY 4,1992 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6 P.M.BE HELD ON TUESDAY,MAY 5,1992 IN THE CITY COUNCIL CONFERENCE ROOM. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 9:55 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 13 OF 14 )Mayor Damiano adjourned the 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of April 7,1992. 3.Adoption of Apache Junction Street Improvement List. 4.Approval of Settlement of Albert Moore v.City of Apache Junction. ACCEPTED THIS 5TH DAY OF MAY ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk MAY 1992. R t().19,N)s‘Ax4.05::Qt N,..AAz( HOMAS 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 21st day of April,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of April,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 27,1992 PAGE 14 OF 14