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HomeMy WebLinkAbout1988-02-16 City Council Regular Minutes (2)CITY COUNCIL REGULAR MEETING FEBRUARY 16,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 16,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Acting Mayor Bluntschly called the meeting to order at 7:05 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Damiano Councilwoman Perkins Councilman Burgess Councilwoman Gardner Acting_Mayor Bluntschly Councilmen Absent:Mayor Hill (recuperating from surgery) Staff Present:City Manager Bill R.Da Vee City Clerk Kathleen Connelly Assistant to the City Manager George Hoffman City Attorney Arnold Hirsch Director of Planning Chuck Newcomer Director of Public Works Rich Broman Lieutenant Dan Scott Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Zoning Administrator/Building Official Charles Coleman Others Present:Ms Ruth Abbott Chamber of Commerce President REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 1 • Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Mr.Charles Thompson 232 N.Ironwood Apache Junction,Arizona Mr.Patrick Harrington,Executive Director Manufactured Housing Council of Arizona 1801 S.Gentilly Lane Tempe,AZ Ms Ilene Taylor 1617 S.Cortez Apache Junction,Arizona Ms Sue Ringler 35 E.Cairo Drive Apache Junction,Arizona Mr.John Allanson Community Foundation ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1,AND 2 BE ACCEPTED AS PRESENTED,AND THAT ITEM NO.3, SEWER,STORM DRAINAGE,AND WATER QUALITY STUDIES,BE ACCEPTED AS PUBLIC DOCUMENTS FOR FUTURE REFERENCE. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Acting Mayor Bluntschly introduced former councilmember Ilene Taylor, Chamber of Commerce President Ruth Abbott,and Fire Chief Jim Geil,and welcomed everyone present. AWARDS,PRESENTATIONS AND COMMUNICATIONS Chamber of Commerce President Ruth Abbott introduced the new Chamber of Commerce Business Manager Keith Hilgendorf,and asked members of the Executive REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 2 • Board Jeff Bell and Jim Geil to join her at the podium.Ms Abbott presented the Apache Junction Poster promoted by the Tourism Committee,to the City Council. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Bill R.Da Vee reported that preliminary information has been received from Attorney Bill Haus on the first Pinal County Town Hall meeting to be held in Casa Grande,and suggested that the City Council and Chamber of Commerce be involved in the planning process of the agenda and meeting,and stated that the next step in the transportation/transit process is a presentation to the advisory group,and that the Arizona City Manager's Association will hold their mid -winter conference at the Grand Canyon February 24th through 26th,and will attend.Mr.Da Vee reiterated that as reported previously,the preliminary tests performed by Western Technology Inc.,on the waste at the Apache Mine site show lead and zinc,and they indicate that additional testing be performed.The analysis will be shared with the Council as soon as they are available.Mr.Da Vee advised the Council that the Apache Junction Chamber of Commerce has currently set dates for this years Community Forum as September 8 -10,1988,at Casa Grande Holiday Inn,and topics for discussion are being requested by the Chamber at this time,and stated that information is available,and further stated that the Rededication of the Don's Monument is set for February 27th at 3:00 p.m.,and •that House Bill 2422 is suggested as a zoning bill which is -hot appropriate for Apache Junction,and suggested contacting Representative Hudson. PUBLIC HEARINGS PROPOSED ORDINANCE NO.602,PZ-13-87, •-SCHMIDT (Postponed Item) )Acting Mayor Bluntschly explained to the applicant that due to protests,six members of the Council are required for approval of the rezoning and suggested postponing until six members are present. The applicant had no objection to postponement. Councilman Burgess MOVED THAT ORDINANCE NO.602 BE POSTPONED UNTIL MARCH 1,1988. motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 3 Councilman Damiano seconded the • VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.610, .......PZ-19-87,CONNOLLY AND KROFF )Assistant Planner Bob Dunn briefed the Council on the request for rezoning of a 3.75 acre parcel,located at the northwest corner of Scenic Street and Cactus Road,from CR-5 Multiple Family Residence to .R1-43(MH)Single Family Residence,and stated that staff and the Planning and Zoning Commission recommend denial of the application,and that one protest was received but was not within 150 feet of the subject site so does not require three-quarters vote by Council. Acting Mayor Bluntschly asked i f the protest is valid,as the property owner does not fall within 150 feet of the subject site. Mr.Dunn replied that i t is valid, as i t is within 300 feet,but since it's not within 150 feet i t does not require a three-quarter vote of the City Council,-and that.this rezoning' would invite mobile home parks and such with this type of high -density zoning. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,representing the applicants,stated that the property owners have contacted -the surrounding property owners,and that A letter has been signed in favor of the rezoning. Acting Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application.-There'being no one wishing to address the Council,Acting Mayor Bluntschly closed the hearing to the public. Councilman Burgess MOVED THAT ORDINANCE NO;610 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED.- Councilman Damian()seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.610,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 4 • 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-19-87 FROM CR-5 MULTIPLE FAMILY RESIDENCE TO R1-43(MH)SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT ORDINANCE NO.610,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. Councilwoman Gardner stated that at this time,two or three mobile homes conflicts with the General Plan,and cannot vote in favor of this application. Councilman Burgess stated that according to the General Plan,apartments are to be placed on this property,and the surrounding property owners do not wish apartments in this area. Councilman Damiano stated that this Council has voted in favor of similar rezonings,even though i t conflicted with the General Plan. Councilwoman Gardner replied that that particular case was begun prior to the adoption of the:General Plan,and in this case,those property owners should have opposed the adoption of the General Plan at that time. Councilwoman Perkins stated that to approve this application would be a "special interest"approval,and would create a precedent. Acting Mayor Bluntschly stated that the property owner has two options,rezone and place mobile homes on the property,or develop with apartments,which the surrounding property owners do not want. Mr.Dunn explained that available under the current zone is low -density construction such as town house,or duplexes,which the applicant did not feel was feasible at this time. VOTE:In Favor:Councilman Burgess,Councilman Damiano,Acting Mayor Bluntschly Opposed:Councilwoman Perkins,Councilwoman Gardner The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 5 • PROPOSED ORDINANCE NO.613,MOBILE HOME STANDARDS (With Emergency Clause)) )Acting Mayor Bluntschly stated that the Council received the proposed Ordinance No.613 just prior to the meeting, and there are some -concerns,and the Council does not wish to act on i t at this meeting,but -will reschedule a public hearing. City Attorney Arnold Hirsch stated that new information has been provided,and recommended a further two weeks to study prior to the Council taking action. Mr.Charles Thompson,232 N. Ironwood,Apache Junction,stated that he had purchased a 1962 trailer to improve and sell,and spoke in opposition to the ordinance. that Mr.Thompson speak to City Manager trailer is presently in Apache Junction Acting Mayor Bluntschly suggested Bill R.Da Vee to discuss his concerns. Mr.Da Vee stated that i f the the ordinance would not affect him. Mr.Patrick Harrington,Executive Director of Manufactured Housing Council of Arizona,1801 S.Gentilly Lane, Tempe,addressed the Council with concerns of the proposed ordinance. Mr.Da Vee stated that the ability for inspection of major alterations does not appear to be there,but would like to have that option,and asked Mr.Harrington i f there was a potential for encouraging the State to have a recertification process,as our concern is with the safety of those units. Mr.Harrington stated that those would be considered a HUD home,and that they believe that there is no objective standard to differentiate between a home built in 1977 from a.home built in 1984,as they were both built to the Code accepted at that time,and will certainly support an objective standard i f the City creates one with a preference that that standard apply to all homes.Mr.Harrington further stated that any homes built prior to 1976,and originated in Arizona,are not required to be reinspected,and suggested the City write a letter to the Director of the Department of Building and Fire Safety,Don Rivell,and request that he set up a system,whereby on the request of the City,an inspection be provided. Ms Ilene Taylor,1617 S.Cortez, Apache Junction,addressed the Council in opposition to sections of the proposed ordinance,and suggested forming a committee to work together to come up with a feasible ordinance. Councilman Burgess MOVED THAT PROPOSED ORDINANCE NO.613,ITEM NO.6,BE POSTPONED UNTIL MARCH 15,.1988. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 6 • Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS - COUNCIL DIRECTION ON AWNING SETBACK REQUIREMENTS FOR MOBILE HOMES )City Clerk Kathleen Connelly informed the Council that this item was placed on the agenda at the request of Councilman Burgess. Councilman Burgess stated that with certain zonings,TH,there are lots with mobile homes not allowed to put on awnings due to setbacks,and the Council is going to allow awnings but with the City's setback requirements that is not possible. Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE PLANNING AND ZONING COMMISSION AND APPROPRIATE STAFF TO HOLD PUBLIC HEARINGS ON AMENDMENTS TO THE AWNING SETBACK REQUIREMENTS FOR MOBILE HOMES TO INCLUDE THE FOLLOWING PROPOSED AMENDMENTS:TO CHANGE SETBACK REQUIREMENTS TO ALLOW AWNINGS TO BE INSTALLED WITHIN FIVE FEET OF SIDE AND REAR SETBACKS OF THESE PROPERTIES. Councilman Damiano seconded the motion. Acting Mayor Bluntschly informed the Council thatilr.Harrington and Ilene Taylor have requested to speak on this item,i f the Council wishes. Mr.Harrington five minutes to speak. this amendment. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 7 The City Council agreed to allow Mr.Harrington spoke in support of COUNCIL DIRECTION ON CITY LAND SPLIT REGULATIONS )Councilman Burgess asked staff what could be amended in building permit requirements to allow for waiving of survey requirements -in order to split land. Director of Planning Chuck Newcomer stated that this would eliminate discovering possible problems. Councilman Burgess stated that any problems should be apparent at the time of applying for a building permit,and a survey could -be required i f i t is apparent. Mr.Newcomer explained that part of the discussion when the Land Split Ordinance was initiated,was determining whether there was a problem or not prior to a split,by having the applicant submit a sketch map of the proposal,and i f i t was something complicated, require the survey. .Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE PLANNING AND ZONING COMMISSION AND THE APPROPRIATE STAFF TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING PROPOSED AMENDMENTS TO THE CITY LAND SPLIT REGULATIONS:AND TO AMEND THE BUILDING CODE TO ALLOW THEM TO REQUIRE A SURVEY AS THEY THINK THERE IS A PROBLEM IN THE PERMIT PROCESS. City Clerk Kathleen Connelly stated that there is a question as to whether or not the Planning and Zoning Commission may maneuver within the Building Code,and as Mr.Newcomer explained the land split legislation is within the subdivision process,not the -Building Code. Acting Mayor Bluntschly asked Mr.Newcomer i f there was a problem with the motion as made. Mr.Newcomer stated that the amendment should not be made through the Building Code. Councilman Burgess clarified that an applicant has to speak with the Planning Department first,with no fees. Mr.Newcomer replied that i t would depend on whether there was an apparent problem. Councilman Burgess withdrew his motion and MOVED THAT DIRECTION BE GIVEN TO THE PLANNING AND ZONING COMMISSION AND THE APPROPRIATE STAFF TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING PROPOSED AMENDMENTS:TO DELETE THE CURRENT CITY LAND SPLIT REGULATIONS. motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 8 Acting Mayor Bluntschly seconded the Councilwoman Perkinsiasked why the State Statutes have regulations on land splits i f this isn't necessary. Councilman Burgess explained that State Statutes gives the right to split property three times without going through subdivision -process,and the City takes that right away without going through the City process first. VOTE:In Favor:Councilwoman Perkins,Councilman Damiano,Councilman Burgess, Acting Mayor Bluntschly Opposed:Councilwoman Gardner The motion carried.- COUNCIL DIRECTION ON PROPOSED CITY GOALS AND OBJECTIVES )City Manager Bill R.Da Vee explained that this list of Goals and Objectives have been discussed at a series of work sessions,and recommended that the Council either advise amendments to allow staff to proceed to budget for those items considered priorities,which out of 72 items,32 are already in some process of being completed,and staff has submitted 22 items which have not been started or have not yet been budgeted. Councilwoman Gardner MOVED THAT THE CITY GOALS AND OBJECTIVES AS SUBMITTED BY CITY MANAGER BE APPROVED AND ACCEPTED WITH THE FOLLOWING -AMENDMENT:THAT ITEM NO.12,THE DESIGN AND CONSTRUCT ADDITIONS TO'THE PRESENT CITY COMPLEX BE MOVED FURTHER UP,AT THE DISCRETION OF THE CITY MANAGER. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. Acting Mayor Bluntschly recessed the meeting at 8:35 p.m. Acting Mayor Bluntschly reconvened the meeting at 8:46 p.m. COUNCIL DIRECTION ON ZONING ORDINANCE AMENDMENTS AND REQUEST FROM EAST VALLEY COALITION FOR THE HOMELESS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 9 City Attorney Arnold Hirsch stated that an agreement has been prepared by the East Valley Coalition and staff requesting the placement of a mobile home in an area where a mobile home cannot be placed,and City Attorney David Alexander's suggestion is that action would require an amendment to the Zoning Ordinance,which the Council is not empowered to directly accomplish without first going through the Planning and Zoning Commission,so this action not be done legally.Attorney Hirsch further suggested that direction be given the Planning and Zoning Commission to consider amendments that might be available in the future for any requests in the future for special consideration. Mr.Da Vee that essentially,the Coalition made the request to the Council after they knew they had a zoning problem,and that there are some units on that site that do provide human services,and since the Coalition felt that their request would provide a similar human service delivery,they have made this request to the Council. Ms Sue Ringler,35 E.Cairo Drive, Tempe,representing the East Valley Coalition for the Homeless,addressed the Council requesting approval of the waiver. Councilman Damiano pointed out that this is not a Catholic Agency,and a statement made by Building Division staff in a letter should not have inferred that,and explained to Ms Ringler why Council cannot grant this waiver. Acting Mayor Bluntschly asked i f the Coalition has any other options. Ms Ringler replied that currently there are no other options for the three months planned. Acting Mayor Bluntschly explained that i t would take 60 to 90 days to accomplish the request,and possibly something may -be in place for a future request. Councilman Damiano suggested checking with DES for available space. Councilwoman Perkins asked Mr.Allanson i f he had suggestions. Mr.John Allanson,Apache Junction Community Foundation,outlined the proposed program for the homeless,but that a different location will have to be found. Councilman Burgess asked i f a mobile home can be placed on commercial property for this type of use. Mr.Newcomer replied that a temporary permit can be obtained for these purposes,but i t would take about 30 to 45 days. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 10 • Councilman Damiano asked what would happen the case of a disaster. Mr.Da Vee explained that with a commercial zoned property i t would have to go through the Board of Adjustment for a temporary permit,but in an emergency disaster there would have to be an enabling legislation. Councilwoman Gardner MOVED THAT THE PROPOSED AGREEMENT WITH THE EAST VALLEY COALITION FOR THE HOMELESS BE DENIED, BUT WITH THE FOLLOWINGMOTION: I FURTHER MOVE THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION AND THE APPROPRIATE STAFF TO CONDUCT PUBLIC HEARINGS ON AMENDING THE CITY ZONING ORDINANCE TO ALLOW THE TEMPORARY USE OF MOBILE HOMES IN AREAS NOT NORMALLY ZONED FOR MOBILE HOMES IN THOSE CASES INVOLVING HEALTH OR FOOD CARE SERVICES TO THE POOR OR TO ALLOW RELATIVES TO TEMPORARILY RESIDE IN MOBILE HOMES ADJACENT TO STANDARD BUILT HOMES IF A MEDICAL EMERGENCY EXISTS. Councilman Burgess seconded the motion. Acting Mayor Bluntschly asked the Council i f they would agree that these cases be brought to the Council for final approval. •Councilwoman Gardner amended the motion THAT ANY OF THESE TEMPORARY CASES BE BROUGHT TO THE CITY COUNCIL FOR FINAL APPROVAL. amendment to the motion. VOTE:Unanimous The motion carried. Councilman Burgess seconded the COUNCIL DIRECTION ON STATE ELECTED OFFICIAL'S RETIREMENT PROGRAM )Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO COMPILE COSTS ON CITY PARTICIPATION IN THE ELECTED OFFICIALS'RETIREMENT PROGRAM AND RETURN THE INFORMATION TO THE COUNCIL FOR CONSIDERATION WITHIN 45 DAYS OR SOONER. motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 11 Councilman Damiano seconded the • The motion carried. NOMINATIONS AND SELECTION TO FILL COUNCIL VACANCY )Councilman Burgess MOVED THAT PAUL CONNOLLY BE NOMINATED TO FILL THE VACANT POSITION ON THE CITY COUNCIL. Councilwoman Gardner seconded the motion. Acting Mayor Bluntschly asked that the record show that Councilwoman Perkins left the meeting at 9:08 p.m. Councilman Damiano commented that this was the best applicant for the nomination. Councilwoman Gardner asked that the other applicants apply for other vacancies on Boards and Commissions,as there input is valuable. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,WORK SESSION, FEBRUARY 29,1988 EXECUTIVE SESSION,WORK SESSION, MARCH 1,1988 )Councilman Burgess MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON FEBRUARY 29,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON MARCH 1,1988,IN THE CITY COUNCIL CHAMBERS. motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 12 Councilman Damiano seconded the 1 REQUESTS OF COUNCIL Councilman Burgess requested that staff bring a something back to Council regarding the necessity of a survey in certain circumstances of land split. Acting Mayor Bluntschly thanked everyone present for attending the meeting. ADJOURNMENT )Councilman Burgess MOVED THAT THE MEETING BE ADJOURNED AT 9:13 P.M. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of February 2,1988 *3.Acceptance of Sewer/Storm Drainage/Water Quality Studies for Future Reference ACCEPTED THIS 15TH DAY OF MARCH ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF ATTTEST: KATHLEEN CONNELLY City Clerk MARCH by Kenneth Bluntschly Acting Mayor REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1988 PAGE 13 ,1988.