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HomeMy WebLinkAbout1988-11-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 15,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 15,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:00 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Burgess Councilman Connolly Councilman Damiano Councilwoman Gardner Councilwoman Perkins Vice Mayor Bluntschly Mayor Hill City Manager Bill Da Vee City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant to the City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Community Services Jeff Bell Senior Engineering Technician Jerry Brady Mrs.Eleanor Garber 2760 S.Royal Palm Blvd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 1 Ms Marie Britt 295 N.Wickiup Rd. Apache Junction,Arizona Mr.Bruce Klingaman 201 E.Southern Avenue,#62 Apache Junction,Arizona Ms Toni Pasquale 946 E.Osage Apache Junction,Arizona Ms Louanne Husk 737 W.Rosal Drive Apache Junction,Arizona Mr.John Granillo 930 E.Desert Avenue Apache Junction,Arizona Ms Marie Shanks 472 S.Goldfield Apache Junction,Arizona Mr.Jewell Creasey 2545 S.Gaucho Mesa,AZ Mr.Ted Alexander,Architect La Siesta Project Mr.David French Parsons/Brinkerhoff Engineering Consultants 1232 E.Broadway Tempe,AZ Ms Merry Lewis 1022 W.Escondido Apache Junction,Arizona Mr.John Granillo,Jr. 881 E.3rd Avenue Apache Junction,Arizona Mr.Richard J.lasso 945 E.Scenic St. Apache Junction,Arizona Mr.Rick Merritt 4420 N.Saddlebag Trail,#201 Scottsdale,AZ 85251 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 2 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1-5 BE ACCEPTED AS PRESENTED. I FURTHER MOVE THAT THE REGULAR MEETING AGENDA BE AMENDED TO MOVE ITEM NO.9, RESOLUTION NO.88-31 TO PRECEED THE PUBLIC HEARINGS; AND THAT THE CONTRACT FOR PROJECT NO.PW-88-19,EXTENSION OF THE CITY COMPLEX WATER DISTRIBUTION SYSTEM BE AWARDED TO TECH ENGINEERING CONSTRUCTION INC.,IN THE AMOUNT OF $14,678.00; AND THAT THE BID FOR PROJECT NO.CS -88-5,TURF MOWING EQUIPMENT BE AWARDED TO SIMPSON NORTON CORP.,IN THE AMOUNT OF $9,597.67; AND THAT THE LANDSCAP MAINTENANCE IN THE VICINITY OF APACHE VILLA BE POSTPONED UNTIL THE REGULAR MEETING OF JANUARY 17,1989; AND THAT ITEM NO.7,ORDINANCE NO.658,BE TABLED INDEFINITELY,AND GIVE DIRECTION TO THE CITY CLERK TO PREPARE A NEW ORDINANCE IN CONJUNCTION WITH THE LICENSE COMMITTEE RECOMMENDATIONS. Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill acknowledged past councilmembers Marie Shanks and John Granillo. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Hill presented Director of Planning Chuck Newcomer with a plaque,as he is leaving the City,for appreciation of service to the community. CALL TO THE PUBLIC Ms Eleanor Garber,2760 S.Royal Palm Blvd.,Apache Junction,addressed the Council requesting an amendment to the equine regulations restricting number of horses allowed,and areas allowed. Ms Marie Britt,295 N.Wickiup Rd.,Apache Junction,requested revisions in the Sign Code to include provisions for signs for licensed home businesses,as even though she is licensed,a sign is prohibited. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 3 Mr.Bruce Klingaman,201 E.Southern Avenue,#62,Apache Junction,President of the RV Renters Association at Pueblo RV Park,also addressed the Council complaining of the close proximity of horses to the Park causing a fly problem, and requested an amendment to the equine regulations. Ms Toni Pasquale,946 E.Osage,Apache Junction,spoke in complaint of the flies caused by the horses nearby,and requested a change in regulations. Ms Louanne Husk,737 W.Rosal Drive,Apache Junction,Secretary and Treasurer of Sierra Entrada Homeowners Association,spoke in regards to the waste disposal problem at the Sierra Entrada Subdivision,stating that currently there is a building moratorium and a decrease in value of the homes,and requested that the City assist in finding a solution to the problem. CITY MANAGER'S REPORT City Manager Bill Da Vee reported that he met with Gus Rosenfeld,Bond Counsel to discuss waste water treatment,and staff is working on requests for proposal to be brought to the Council,and in addition discussed the Superstition Boulevard Improvement District,which is under way.Mr.Da Vee also reported on meetings with the Pinal County Alliance,including that the proposal for solid waste study appears to be agreeable to the cities involved, and the group discussed the issues of water transfers in Pinal County along with developing policy issues on a county -wide basis.Mr.Da Vee stated that an application will be made to a membership to the Pinal County Alliance for the City,to cooperate with the Alliance on issues of mutual concern,at the Council's request.Mr.Da Vee informed the Council that the Central Arizona Association of Governments Regional Council will meet on Friday in Florence, with the main topic to be the Title 20 Plan,which is a human services plan for the county -wide area,and that Director of Community Services Jeff Bell serves on the Technical Advisory Committee for CAAG.Mr.Da Vee further stated that he met with the Salt River Project representatives to discuss the draft of the electrical system asthetics policy and was impressed with the recommendations in the study,which contains funding assistance for local jurisdictions. PROPOSED RESOLUTION NO.88-31,AB -88-03, HARTONO AND CREASEY ) )Mr.John Granillo,930 E.Desert Avenue,Apache Junction,spoke in favor of the abandonment,and rezoning PZ-25-88. Ms Marie Shanks,472 S.Goldfield Rd.,Apache Junction,addressed the Council in favor of the abandonment,as the La Siesta Park will enhance the area. Mr.Jewell A.Creasey,2545 S. Gaucho,Mesa,owner of the property in rezoning case PZ-25-88,requested approval of the abandonment and the La Siesta development. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 4 Mr.Ted Alexander,Architect for the La Siesta project,introduced Mr.Dave French of Parsons/Brinkerhoff,explaining that Parsons/Brinkerhoff was commissioned by the City to do a study to assist in abandonment cases. Mr.David French,representing Parsons/Brinkerhoff Engineering Consultants,1232 E.Broadway,Tempe,stated that the firm submitted to the City Council a Report for the Transportation/Transit Studies,which included a chapter on Policies and Procedures for the Abandonment of Federally Patented Easements,and further stated that this abandonment complies with all of the items recommended by that report to consider before approving an abandonment,and outlined the positive reasons for this abandonment. Mr.Alexander explained that there are a couple of options for emergency vehicle access,and that the decision could depend on the Council's desire,and that as La Siesta expands i t will abutt several homes and that a wraught iron fence would be put up to allow privacy with benefit of the landscaping.Mr.Alexander requested approval of the abandonment. Ms Merry Lewis,1022 W.Escondido, Apache Junction,addressed the Council in opposition to the abandonment,stating that i t would cause traffic problems by limiting access. Mr.John Granillo,Jr.,881 E.3rd Avenue,Apache Junction,spoke in favor of the abandonment as i t is essential to the success of the La Siesta project. Councilman Connolly MOVED THAT RESOLUTION NO.88-31,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS GREASEWOOD STREET FROM THUNDERBIRD DRIVE TO SAN MARCOS DRIVE AS DESCRIBED IN STREET ABANDONMENT CASE AB -88-03,ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY,BE APPROVED AND ADOPTED. Councilman Burgess seconded the motion. Councilman Connolly stated that the City paid $35,000 to Parson/Brinkerhoff for a Transportation Study and they have said that this easement should be abandoned,and as that Study was unanimously approved by the Council they should not deny this in good conscience. Councilman Burgess agreed that this firm has recommended approving this abandonment,so the Council should not deny it. Councilman Damiano stated that the surrounding property owners would have to go out of their way to return to their REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 5 homes,i f Greasewood Street is abandoned,and that in the future this street may be completed and maintained for necessary use. Councilman Damiano further commented that even though Parsons/Brinkerhoff did complete a study for the City,this issue is entirely different. Councilman Burgess stated that no one accesses their property on Greasewood. Councilwoman Perkins agreed that abandonments should not be done unless necessary,and this street may be needed in the future. VOTE:In Favor:Councilman Burgess,Councilman Connolly,Mayor Hill Opposed:Councilwoman Perkins,Councilwoman Gardner,Councilman Damiano, Vice Mayor Bluntschly The motion failed. PUBLIC HEARINGS PROPOSED ORDINANCE NO.533,PZ-32-86, CRISTALL ) )Councilwoman Gardner MOVED THA ITEM NO.6,ORDINANCE NO.533,BE DELETED AS PER THE APPLICANTS REQUEST TO WITHDRAW. Councilman Damiano seconded the motion. VOTE:In Favor:Councilwoman Perkins,Councilwoman Gardner,Councilman Damiano, Vice Mayor Bluntschly Opposed:Councilman Burgess,Councilman Connolly,Mayor Hill The motion carried. PROPOSED ORDINANCE NO.658,AMENDING CITY CODE CHAPTER 8,PERTAINING TO ANNUAL RENEWAL FEES FOR BUSINESS LICENSES ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 6 )Mayor Hill stated that Ordinance No.658 was tabled indefinitely under "Consent Agenda". Mayor Hill recessed the meeting at 8:07 p.m. Mayor Hill reconvened the meeting at 8:15 p.m. APPLICATION FOR SERIES 12 LIQUOR LICENSE, SUPERSTITION SKIES RESTAURANT &LOUNGE ) )Mayor Hill asked i f there was anyone who wished to speak in favor or in opposition to the application.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Mr.Richard J.Tasso,945 E.Scenic Street,Apache Junction,requested that the application be recommended for approval. Councilwoman Perkins MOVED THAT THE APPLICATION FOR A SERIES 12 LIQUOR LICENSE,SUBMITTED BY MS ANN J.TASSO FOR SUPERSTITION SKIES RESTAURANT AND LOUNGE,BE RECOMMENDED TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED ORDINANCE NO.533,PZ-32-86, CRISTALL REQUEST FOR 1 -YEAR EXTENSION ) )Associate Planner/Deputy Director Jim Nakagawa explained that this is a request by Mr.Ernest Cristall, represented by Mr.Rick Merritt to have the CR-3(MH)zoning,which was approved in October 19 1986,remain in effect for an additional 12 months,as the rezoning was stipulated by Council to revert back to original zoning after two years.Mr.Nakagawa requested the City Attorney's opinion on whether the zoning will revert automatically back to General Rural and whether or not the applicant will need to file a new rezoning application to change the stipulation on a previously adopted ordinance. Mr.Rick Merritt,4420 N.Saddlebag Trail,#201,Scottsdale,85251,addressed the Council requesting approval of the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 7 12 month extension and stated that they would be happy to assist in the development of a sewage system,which would allow for the improvement of the property,and that this is one reason the property has not been improved in the past two years. City Attorney David Alexander explained that extending the zoning because of the two year stipulation conflicts with Section 13 of the Zoning Ordinance and would require an ordinance to modify Ordinance No.533,which also would require a hearing by the Planning and Zoning Commission as well as advertisement.Mr.Alexander further stated that this creates a difficult decision for the City Council as there are only six days remaining before the two year stipulation ends. Councilman Connolly asked why staff didn't advise the applicant of the requirements for an extension prior to now, and what can be done for the applicant at this point. City Attorney David Alexander commented that staff was apparently going by the Zoning Ordinance provision for a one year extension request,but this particular Ordinance (No.533)has an automatic reverter clause specified,but should the Council approve an extension,i t would allow time for research for a way to accomplish the change of the automatic reverter clause. Vice Mayor Bluntschly stated that as the applicant has not made any attempt to develop or improve the property in two years,why give a one year extension. Vice Mayor Bluntschly MOVED THAT A ONE-YEAR TIME EXTENSION TO OCTOBER 21,1989 FOR ORDINANCE NO.533,PZ-32-86,BE DENIED. Councilwoman Perkins seconded the motion. VOTE:In Favor:Councilwoman Perkins,Councilman Damiano,Councilwoman Gardner, Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Connolly,Councilman Burgess The motion carried. PROPOSED RESOLUTION NO.88-35, REGIONAL TRANSPORTATION CORRIDORS ) )Engineering Technician Jerry Brady explained that the recently approved Transportation/Transit Study included an element to location regional transportation corridors,and the consultant has provided for addressing other agencies to gain their support for this concept REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 8 and to request their consideration for incorporating these corridors into their transportation planning processes,and introduced Mr.Dave French of Parsons/Brinkerhoff Engineering Consultants to brief the Council. Mr.Dave French,representing Parsons/Brinkerhoff,stated that the recommended transportation corridors were included in the Transportation/Transit Study approved in October,and explained that Resolution No.88-35 is endorsing the corridors and directing staff to pursue those with the neighboring jurisdictions to be developed at some future date. Councilwoman Gardner asked i f the Goldfield corridor would leave a lane for the residents. Mr.French replied that the exact locations of the corridors are not decided as yet,but the typical concept is to allow for two lanes adjacent to the street,but cautioned the Council on major intersections. Councilman Damiano MOVED THAT RESOLUTION NO.88-35,DECLARING THAT THREE REGIONAL TRANSPORTATION CORRIDORS AS RECOMMENDED IN THE CITY OF APACHE JUNCTION TRANSPORTATION/TRANSIT STUDIES SHALL BE INCORPORATED INTO THE MASTER PLAN FOR THE CITY AND SHALL BE CONSIDERED IN ALL FUTURE PLANNING AND PROJECT DEVELOPMENT BY THE CITY,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. Councilman Burgess stated that four years from now the Council won't know what they voted on,and the consultants will probably be back. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-34,DESIGNATING ELECTION DATE AND PURPOSE,AND PROPOSING CONTINUATION OF LOCAL ALTERNATIVE EXPENDITURE LIMITATION ) )City Clerk Kathleen Connelly explained that Resolution No.88-34 is the first step in setting the calendar for the upcoming Primary Election in March and i f necessary,the General Election in May,and is required by law to establish the election date,purpose, including the continuation of the local alternative expenditure limitation. Councilwoman Gardner MOVED THAT RESOLUTION NO.88-34,DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION; REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 9 DESIGNATING DEADLINE FOR VOTER REGISTRATION;DESIGNATING THE PLACE AND LAST DATE OF CANDIDATES TO FILE NOMINATION PAPERS;AND PROPOSING A CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Connolly,Councilwoman Gardner,Councilman Damiano, Councilwoman Perkins,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Burgess The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: A.DIRECTION ON AMENDMENTS TO CITY ZONING ORDINANCE REGARDING THE CONTINUATION OF NON -CONFORMING USES City Clerk Kathleen Connelly stated that this item was requested by Councilman Connolly. Councilman Connolly stated that there was a case recently where a person bought a house with a mobile home,and asked i f the Council could give permission for the mobile to be replaced,as long as i t is replaced by one that would meet City regulations,otherwise the old mobile home which is an eye -sore will remain getting worse. Councilwoman Gardner commented that i f the mobile home is non -conforming in the first place,i t is going to be difficult to straighten out the zoning i f the City allows people to keep replacing mobile homes. Councilman Connolly stated that in these situations the mobiles have been there for 10 -20 years as rentals,and they will remain just to look worse and worse. Councilwoman Gardner stated that to allow them to be replaced would just continue the problem instead of solving it, and i t would be better to remove the mobiles entirely. Councilman Burgess stated that the people will not take the junk out as they are receiving rent,and will lower the rent as the trailers get older which will result in a lower class of renters, but in most cases they will not remove them. Ms Connelly explained that the Zoning Administrator advised that this would be an amendment to the Zoning Ordinance in the area of Non -Conforming Uses and to allow the continuance into REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 10 perpetuity in these uses could not be restricted to one particular zone,and requested Attorney opinion. City Attorney David Alexander stated that this is requesting to continue a non -conforming use into perpetuity and by singling out one group or class,could cause a real problem. Councilman Connolly asked the City Attorney to look into this further. Councilwoman Gardner asked i f it's the "hook-up"or the actual mobile home that is "grandfathered". Councilman Connolly MOVED THAT DIRECTION BE GIVEN THE CITY ATTORNEY TO RESEARCH THIS MATTER IN REGARDS TO COUNCILWOMAN GARDNER'S REQUEST AS TO WHAT ACTUALLY IS GRANDFATHERED,WOULD IT BE LEGAL TO MAKE THE OWNER BRING EVERYTHING UP TO CURRENT CODE,AND QUESTIONS OF THAT SORT. Councilman Burgess seconded the motion. VOTE:In Favor:Councilman Burgess,Councilman Damiano,Councilwoman Gardner, Councilman Connolly,Councilwoman Perkins,Mayor Hill Opposed:Vice Mayor Bluntschly The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, DECEMBER 5,1988 EXECUTIVE SESSION,WORK SESSION, DECEMBER 6,1988 ) )Councilman Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON DECEMBER 5,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE AND WORK SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 6, 1988,IN THE CITY COUNCIL CHAMBERS. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilwoman Gardner,Councilman Connolly,Councilman Damiano, Councilwoman Perkins,Councilman Burgess,Mayor Hill Opposed:Vice Mayor Bluntschly (because December 6th is his birthday) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 11 The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Gardner called on Director of Community Services Jeff Bell to make an announcement. Director of Community Services Jeff Bell announced that there will be a video taping of the Councilmembers comments on the 10 -year anniversary,and would like them to be present at the Community Christian Church,Friday at 7:00 p.m.,to be part of the Time Capsule. Councilwoman Gardner reminded the Council of the 10th Anniversary festivities that will be taking place next week. ADJOURNMENT )There being no further business to discuss,Mayor Hill adjourned the meeting at 9:07 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of October 18,1988 *3.Award of Contract for Project #PW-88-19,Extension of the City Complex Water Distribution System *4.Award of Bid for Project #CS -88-5,Turf Mowing Equipment *5.Landscape Maintenance on Ironwood Drive Right -Of -Way,Apache Villa ACCEPTED THIS 6TH DAY OF DECEMBER ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF DECEMBER NORMAN S.HILL Mayor ATTEST: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 12 ,1988. KATHLEEN CONNELLY aCityClerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,1988 PAGE 13