Loading...
HomeMy WebLinkAbout1990-12-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 4,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 4,1990,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilman Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Assistant City Manager George Hoffman Director of Development Services Adriane Brown -White Director of Public Works Rich Broman Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph City Engineer Gordon Grandy Mr.Paul Connolly 1935 S.Cactus Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 1 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Damiano MOVED THAT CONSENT AGENDA ITEM NOS.1 -3 BE ACCEPTED AS PRESENTED; AND THAT BID FOR PROJECT NO.ENG-90-07,CURB AND GUTTER FOR SOUTHERN AVENUE (MERIDIAN DRIVE TO DELAWARE DRIVE)BE AWARDED TO TEMCON CONCRETE CONSTRUCTION CO.,IN THE AMOUNT OF $14,744.70. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed all those present. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee reported that the subgrade is being completed on Southern Avenue,that there will be a preconstruction meeting for the concrete, and the road will be open by January 15,1991;that the clean-up campaign began on Monday,with 700 calls received compared to the total of 561 received last year,but that the County would not waive landfill fees so will cost at least $6,000 in fees with a mimimum total cost of $25,000;that the police department building is up for bid,and complimented the Engineering Department for the speed in which this was accomplished.Mr.Lee further reported that Audra Ralston in the Operations Division is in the process of making new direc- tories for City Hall.Mr.Lee stated that the Ironwood Drive project should be completed by Christmas.Mr.Lee advised the Council and public that the City of Apache Junction was successful in obtaining a $110,000 Community Development Block Grant for the upcoming fiscal year to be used for housing rehabilitation benefiting low and moderate income families;that the City Auction resulted in $8,300 in proceeds for the sale from surplus properties;that the Magistrate Court was successful in obtaining a $5,600 grant for traffic case processing and congratulated Mercer Weiskotten. Councilman Vehon asked i f the Ironwood project is running ahead of schedule. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 2 City Engineer Gordon Grandy replied that the project is ahead of the allowed time for the schedule. Vice Mayor Damiano commented that the City will probably be paying more for the landfill this year,that he has never seen as much on the roadsides as this year,and that the east and westbound traffic at Ironwood are having to sit at the traffic light when there is nobody coming down Ironwood at all. Director of Public Works Rich Broman stated that ADOT could be contacted to see what can be done. Mr.Grandy explained that the "timing loop"has been interrupted by the construction,so i t is strictly pre -timed sequence. Mr.Lee suggested changing the timing temporarily until construction is complete. PUBLIC HEARINGS PROPOSED ORDINANCE NO.768,PZ-15-90 U.S MARSHAL'S SERVICE/CONNOLLY )Planning Division Manager Jim Nakagawa explained that the property owner is the Federal Government and repre- sented by Mr.Paul Connolly,and are requesting a rezoning from General Rural to CR-2(MH)Single Family Residences/Manufactured Homes Permitted,for a 1% acre parcel located at the southeast corner of West Shiprock and North Gold Drive, that the General Plan designates the site for medium density with manufactured home overlay,and stated that the Planning and Zoning Commission and staff recommend approval of the rezoning with stipulations. Mr.Nakagawa added that staff did also recommend that the west structure be demolished as i t is an eyesore. Mr.Paul Connolly,1935 S.Cactus, Apache Junction,stated that the applicant agreed with staff recommendations, and requested approval of the rezoning. Councilman Vehon asked why the securing of the structure is allowed in the ordinance,when the applicant has agreed to the destruction of that with an exception made to the garage. Mr.Nakagawa explained that the ordinance is drafted in accordance with the Planning and Zoning Commission's recommendation,and should the Council wish to approve the staff recommendation the ordinance would need to be changed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 3 Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.768 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.768,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-15-90 FROM GR (GENERAL RURAL)TO CR-2(MH)SINGLE FAMILY RESIDENCES/MANUFACTURED HOMES PERMITTED;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.768,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT IN ITEM NO.2,IT READ "THAT THE PROPERTY OWNERS MUST DEMOLISH THE OLD RESIDENTIAL STRUCTURE ON THE WEST END OF THE PROPERTY AND MAKE THE GARAGE ON THE WEST OF THE PROPERTY SECURE AND SAFE." motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano seconded the Vice Mayor Damiano left the meeting to attend a previous commitment. PROPOSED ORDINANCE NO.769, PZ-16-90,CONNOLLY ) )Planning Division Manager Jim Nakagawa briefed the Council on the rezoning of a 1% acre parcel,located REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 4 approximately 495 feet west of the northwest corner of East Scenic Street and North Cactus Road,from CR-5 Multiple Family Residence Zone to R1-43(MH). Mr.Nakagawa stated that the proposed zoning is in conflict with the General Plan designation,however,it would be compatible with surrounding uses but that the area should be redesignated through General Plan amendment.Mr.Nakagawa further stated that staff recommends denial for that reason and that the Planning and Zoning Commission recommended approval of the request. Councilman Vehon asked if apartments were developed on this site,as CR-5 zoning designates,would not be practical at this time. Mr.Nakagawa replied that i t pro- bably wouldn't be from an economic stand point,but long-range planning doesn't usually get into that aspect as the conditions are temporal,and stated that in long-range planning the CR-5 zoning does make sense. Councilman Vehon asked i f the City would like to encourage sewage treatment plants for apartments. Mr.Nakagawa replied that not generally,DEQ would like the City to consolidate those plants as often as possible,preferably operated by the City on a full-time basis. Councilman Vehon commented that they would actually like sewer in that area,which won't be until about the year 2010,and asked when sewer would be put in that area. Mr.Nakagawa replied that i t could be in 10 years. Councilman Vehon pointed out that medium density is used to buffer commercial zoning. Mr.Nakagawa replied that this is typical. Councilman Vehon stated that the closest commercial zoned property to this property is about one-half mile. Mr.Nakagawa explained that this will be part of the high density area abutting the commercial. Councilman Vehon stated that there is high density for about one-half of a mile between this property and the com- mercially zoned area. Councilman Vehon asked if a two- story structure can be put out there,or is this the area to protect the scenic area,which means for apartments to be developed on this property they would REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 5 have to be one-story with a package sewer treatment plant.Councilman Vehon stated that this means a good case could be made as to whether this could be consistent with the General Plan,and cited examples. Mr.Nakagawa commented that staff was not maintaining that this is in conflict with every policy the City has,but the land use designation is a critical element of the Plan,and that the City may wish to consider taking out the CR-5 zoning throughout this area. Councilman Vehon asked i f the dif- ference can be distinguished between single family residences and mobile homes, and keep a double -wide out of an area such as this. City Attorney David Alexander replied that the distinguishing features could cause a lot of problems,with the installation and/or building requirements,as there are Federal requirements and State requirements,in other words,you can't designate mobile home or "stick built"anymore as i t doesn't work. Councilman Vehon stated that to say this does not comply with the General Plan is too "black and white". Councilwoman Barker stated that this does not appear to be the right location for high density,but in the General Plan i t is high density,and the Council decided not to amend the General Plan on a case by case basis but every six months.Councilwoman Barker asked i f the City is going to conform to the General Plan or to the nonconformity. Councilman Vehon agreed,but thought is inappropriate for the applicant to apply for a General Plan amendment for such a small parcel. Councilwoman Barker stated that the whole area should be changed from high density,and this should be a Council- initiated amendment,especially since this is the third or fourth case within this same area. Councilwoman Alger agreed that the whole area should be changed,but disagreed that the law requires "conformity" with the General Plan but requires "consistency",and that this property may be consistent. Councilwoman Alger asked the City Attorney i f the City has to zone exactly to the General Plan designation. City Attorney David Alexander stated that the Statutes definition of "consistent"in the matter of a proposed zoning is the "basic harmony test",which means that i f this matter were reviewed by a court,and the proposed zoning wasn't totally consistent with the General Plan, that the court will look at the considerations before the Council to see i f in fact the Council found that this amendment was in "basic harmony"with the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 6 General Plan.Mr.Alexander added that he couldn't say what weight the court would give to Councilman Vehon's objectives. Councilwoman Barker stated that the Council shouldn't keep chopping away at the General Plan,why have one i f this is going to be done,and the solution is to change the whole area i f i t isn't zoned appropriately. Councilwoman Alger pointed out that the General Plan is being taken too specifically. Councilwoman Barker reiterated that Councilwoman Alger thinks the Council should rezone according to whether a pro- perty is consistent with the surrounding areas rather than the General Plan. Councilwoman Alger stated that den- sity is not the only criteria in the General Plan. Councilwoman Barker disagreed, stating that that was not the point. Mr.Connolly addressed the Council, stating that he did not want to rezone the property but being unable to get a variance,use permit,or special use permit,to allow the property to be used, this was the only alternative.Mr.Connolly pointed out that not many request a "down zoning"rather than a higher density and that this is an exception,but i t is the only way he can put the property to use. Mr.Connolly further stated that i t would be presumptious to impose the rezoning on the entire area,which may cause legal problems. Mr.Alexander commented that amending the General Plan for the area would not affect the zoning of the pro- perties,only the Plan designation. Mr.Connolly stated that he only wants to put a double -wide mobile home on property that is surrounded by mobile homes,and to place an apartment complex in the middle of these mobile homes wouldn't be appropriate either. Mr.Connolly asked if General Plan amendments are meant for an acre and a quarter. usually are not. applicant didn't ask for CR-2(MH). REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 7 Mr.Nakagawa replied that they Councilwoman Alger asked why the Mr.Connolly replied that CR-2(MH) wouldn't be compatible with the surrounding properties. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger asked staff i f CR-2(MH)would have been more acceptable in this area. Mr.Nakagawa replied that it would have been more acceptable,as i t is medium rather than high density. Councilwoman Alger asked what the boundaries are of the high density. Mr.Nakagawa explained that the east boundary is Cactus Road. Councilwoman Alger asked i f the applicant had requested CR-2(MH),there wouldn't have been a problem. boundaries are of the high density. boundary is Cactus Road. Mr.Nakagawa replied that there would have been a problem as the MH designation in in conflict with the conven- tional designation. Councilman Eidson MOVED THAT ORDINANCE NO.769 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.769,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-16-90 FROM CR-5 (MULTIPLE FAMILY RESIDENCE ZONE)TO R1-43(MH) SINGLE FAMILY RESIDENCES/MANUFACTURED HOMES PERMITTED;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.769,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 8 Councilwoman Alger seconded the motion. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Vehon, Councilman Eidson Opposed:Councilwoman Barker,Mayor Bluntschly The motion carried. APPLICATION FOR SERIES 10 LIQUOR LICENSE, REVCO/RDS ACQUISITION CORPORATION )Mayor Bluntschly opened the hearing to the public. There being no one wishing to speak, Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.ROGER D.RAHAEUSER OF RDS ACQUISITION CORPORATION FOR REVCO,BE RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS SOUTHEAST REGIONAL LANDFILL )Director of Public Works Rich Broman explained that the Southeast Regional Landfill Siting Committee was created to consider siting a new landfill somewhere in Maricopa or Pinal County,and that Councilman Vehon and himself have attended those meetings.Mr.Broman outlined the Siting Study,and explained that Pinal County not only came up with exclu- sionary criteria but also came up with locations where a landfill might be sited. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 9 Mr.Broman stated that the Committee would like to receive input from the Council on the exclusionary criteria as well as the siting of the landfill. Mayor Bluntschly stated that he felt the landfill should be sited at least one mile from existing development. City Engineer Gordon Grandy com- mented that the landfill is going to be deeper than the canal,so that shouldn't be a concern. Councilwoman Barker pointed out that this is already covered by allowing a mile from existing development. Mr.Broman asked i f 500 feet would be sufficient distance from transportation routes. Mayor Bluntschly stated that i t should be at least one mile. Councilman Eidson stated that along the freeway is going to be prime property,and a landfill is going to eliminate development along the freeway. be preferable. isn't right now that we are concerned with. Mr.Broman asked i f two miles would Councilwoman Alger asked i f this Mr.Broman replied that yes,but the landfill will impact the future,and that construction could happen within three to four years. could be relatively soon. Councilman Vehon agreed that i t Mr.Broman commented that to locate the landfill away from controversial areas could speed up the process even more. Councilwoman Alger asked what the marker is,development existing right now or five or ten years from now. Mr.Broman replied that the General Plan should be considered and where development will occur,and that the Council may wish to say the location not be within five miles of the City limits. Councilwoman Barker pointed out that the overhead projections includes a buffer for future plans. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 10 Mayor Bluntschly suggested talking Casa Grande into using the Asarco Mine as a site. Councilman Eidson agreed that the landfill should be at least five miles from the City. Councilwoman Barker agreed also, that i t should be at least five miles from anything. Councilwoman Alger stated that i f this is going to be a 50 year site,the Council should be planning ahead,and five miles will not be enough. Mr.Broman explained that i f the landfill is too far away there will have to be a "transfer station",which may have to be the existing landfill. Planning Division Manager Jim Nakagawa stated that several years ago the State Land Department had informed him that if you locate a landfill four or five miles from the populated area, people are discouraged from using the landfill and start dumping in the desert areas. Mr.Broman stated that there can be a transfer station where people can take trash. Councilwoman Alger pointed out that i t doesn't seem to matter -people dump in the desert areas now. City Manager Michael R.Lee explained that the new landfills visual and surrounding impact are much better then the old ones such as the landfill in Apache Junction. Mr.Broman requested a general com- ment from the Council to give to the Committee,as to where Apache Junction would like to see the landfill sited. Mayor Bluntschly stated that why don't we just say no closer than 10 miles to the City,and when the Committee comes up with a plan that is representative of everybody,the Council can look at that. Mr.Broman stated that he would report to the Committee that the Council concluded that the further the siting from the City the better,but no closer than 10 miles. Councilman Vehon suggested simply passing this information on to the Committee until they have actual criteria,so that the Council can take action. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 11 Mr.Broman explained that the Committee simply wants input as to any sensitivities,and i t seems to be a con- sensus that Apache Junction doesn't want the landfill close to the City. City Engineer Gordon Grandy pointed out that fees may be higher i f the distance is further away. Councilwoman Barker commented that the Council needs to keep an open mind as far as increasing economics through this type of thing. Councilwoman Alger suggested getting information on the improvements to landfills. Mr.Lee suggested a slide presen- tation on the improvements in technology,etc.in regards to landfills. Councilman Vehon stated that the Council may not want to commit to "no closer than 10 miles",but may wish to wait for more information. Mr.Broman informed the Council that Councilman Vehon is a voting member of the Committee,and that this facility would be a regional solid waste facility. Mr.Broman outlined other issues that will need to be addressed in the near future. Councilman Eidson stated that Apache Junction doesn't want to be know as a "dump". Councilman Cox commented that this was a problem in Casa Grande,with Phoenix and Tucson proposing to dump there. Councilman Vehon informed the Council that Supervisor Roy Hudson and Mayor Schnep of Queen Creek are also voting members of the Committee,which shows an effort to keep everyone involved with the process and decisions. Councilwoman Alger MOVED THAT STAFF AND COUNCILMAN VEHON CONTINUE ATTENDING THE COMMITTEE MEETINGS AND KEEP THE COUNCIL INFORMED,AND THAT DISCUSSION HELD TONIGHT BE PASSED ALONG TO THE COMMITTEE AS A TENTATIVE RESPONSE TO THE QUESTIONAIRE UNTIL THERE IS MORE INFORMATION ON WHAT IS PLANNED,AND MORE INFORMATION ON THE KIND OF FACILITY THAT IS GOING TO BE DEVELOPED. Councilwoman Barker seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 12 The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, DECEMBER 17,1990 EXECUTIVE SESSION,DECEMBER 18,1990 ) )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON DECEMBER 17,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 18,1990,IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Southeast Regional Landfill Siting Committee Report Councilman Vehon stated that a memo was distributed to Council giving a brief history of the progress of the Committee,as well as a request for propo- sal being considered for funding from Maricopa County to hire a consultant to do the studies. City Manager Michael R.Lee brought a letter to the Council's attention, which was from the Greenwood Memory Lawn Cemetary regarding Vietnam Veteran's Memorial replica on display at this Cemetary for three days. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 8:45 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 13 2.Acceptance of Minutes of Regular Meeting of November 20,1990. 3.Approval of Award of Bid to Temcon Concrete Construction Co.,Inc.,in the amount of $14,744.70 for curb and gutter construction for Southern Avenue, Meridian to Delaware. ACCEPTED THIS 18TH DAY OF DECEMBER ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF DECEMBER,1990. ATTEST: Kathleen Connelly City Clerk 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 4th day of December,1990.I further certify •that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 14 Dated this /.2 day of l_e/2zA.—1990. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,1990 PAGE 15