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HomeMy WebLinkAbout2006-06-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 6, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 6, 2006, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Waldron Staff Present: (Councilmember Sippel was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Commander Jay Swart Public Works Director Doug Dobson Business Advocate Amy Malloy REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 1 OF 16 Others Present:Public Works Manager Shane Kiesow Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE AWARD OF BID FOR PROJECT PW 2005-04, INSTALLATION OF TRAFFIC SIGNALS AT SUPERSTITION BOULEVARD AT DELAWARE DRIVE AND BROADWAY AVENUE AT SAN MARCOS DRIVE BE AWARDED TO UTILITY CONSTRUCTION COMPANY IN THE AMOUNT OF $622,450.00, PLUS 10% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $62,245.00, FOR A TOTAL AMOUNT OF $684,692.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN TO PURCHASE TWO VEHICLES FOR THE POLICE DEPARTMENT, A 2006 FORD F250 4X4 CREW CAB PICKUP TRUCK IN THE AMOUNT OF $26,166.68 AND A 2006 CHEVY IMPALA IN THE AMOUNT OF $17,307.54 FOR A TOTAL AMOUNT OF $43,204.22 TO BE PURCHASED THROUGH THE STATE OF ARIZONA PROCUREMENT OFFICE APPROVED VENDOR LIST. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms. Jeannine Allen, Desert Chapel United Methodist Church on Palo Verde Drive, Apache Junction, addressed the council.She advised they have been having dinners for the homeless and hungry for the last six months.She was there to spread the word to the community that they are there to help those in need. REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 2 OF 16 They have also collected over 30 cases of water to be distributed as needed.She commented there are several agencies in the city that work very closely with the needy.They are there to help.They will be opening the church doors on the extremely hot days of the summer.She requested that word be spread to the nonprofit agencies and other local community agencies that they are doing so.The doors will be open between noon and 6 p.m. on any of the days that are extremely hot. Ms. Terri Parker, 1826 W. 13th Avenue, Apache Junction, addressed the council regarding a loose dog in the neighborhood. She stated a pit bull was found 2 weeks ago in the neighborhood in the house next door to where her mother lives.Animal control was called 3 times for 2 days, a total of 6 times, before the dog was picked up.The neighbor whose property the dog was on is also here to speak.She was concerned as this is as dangerous as someone with a loaded weapon.The animal was wounded and no one came.The police were contacted and the officer stated they could not transport animals.No one came to assess the situation.This could have caused vigilantism; had her husband known about it the dog would probably not still be alive. Mr. Richard "Carey" Blazek, 1566 S. Saguaro Drive, Apache Junction, addressed the council regarding the loose dog on his property.He commented he is proud to be a citizen of Apache Junction and is a firm believer in speaking up for his rights and gripes.A pit bull came to his front door and scared his wife.It was a dangerous situation.He loves animals and he tried to feed the dog; he saw the dog was wounded.He is burned up by the lack of response from Apache Junction and Pinal County and all other authorities.He has faxes to back up what he is talking about.The dog remained on his property for over 48 hours.He continuously called the proper authorities and continuously got a runaround, with excuses being they only had one person on duty, they would be there soon, and that they are very busy.He thanked them for letting him speak. Ms. Shirley Kriger, 1448 S. Ocotillo Drive, Apache Junction, addressed the council regarding dogs.She does not live near REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 3 OF 16 the previous speakers but her complaint is similar.She has a neighbor who has a little dog and the police have had time to go and harass her neighbors over a little dog that barks for a few minutes once in a while that another neighbor has complained about.That neighbor has been told to pet the dog and make friends with him so that he will not bark at him again and he refuses to do so.The police have time to harass people with a little dog but they could not take care of an injured dog.She thinks it horrendous that an injured pit bull is not taken care of when another is being harassed. Mayor Coleman requested the city manager to check where the breakdown was in service in that particular case. Vice Mayor Eck commented officers usually respond when someone has called the police department to complain.Police officers do not normally respond to a barking dog unless a neighbor calls in a complaint. ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman announced he was at the state capitol with several other mayors and the League of Cities and Towns last Wednesday at a rally where they talked about the importance of state shared revenues and some of the issues being forced upon the cities and towns by the state legislature.He explained the state shared revenues program.It was passed by the voters in the 1960s.The theory is that not everything can be bought in Apache Junction, such as going to a movie or buying a suit.One usually goes to Mesa.Some of the sales tax that is paid in Mesa should be returned to Apache Junction to provide services for the community.It is the same with every community in the state.The state is charged with collecting those sales taxes and distributing them to the cities based on population.The state legislature has the idea that it is their money and they are being benevolent in giving it to the cities.It is the peoples' money, the people pay it, and it should be returned to them.The mayors went down there to explain that.They have been given different reasons as to why the state legislature would like to eliminate or greatly reduce the state shared REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 4 OF 16 revenues and none of them make sense or hold water.These revenues make up about a third of the city budget.It is important and it did receive some news coverage. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR INTERIM PERMIT, NEW LICENSE, INDIVIDUAL, SERIES 10 LIQUOR LICENSE FOR JR'S FOOD MART ) )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located at 1000 East Old West Highway on the north side of the highway and just east of Royal Palm.Comments from the police department, fire district and planning are in the packet.There was no opposition to this transfer and the applicant has been notified to be here this evening in the event of council questions. Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing on the item. Mr. Duane Allen, 1995 W. Shiprock, Apache Junction, addressed the council.He asked what an interim permit was as opposed to a permanent permit. City Clerk Kathleen Connelly stated that is the state's terminology for the type of permit that they issue. Mayor Coleman commented that was a good question because it sounds like it is temporary. City Clerk Kathleen Connelly stated it may be to them but it is not to the state. REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 5 OF 16 Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, INDIVIDUAL, SERIES 10 LIQUOR LICENSE FOR JR'S FOOD MART SUBMITTED BY BULANT COSKUN BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-23, DOWNTOWN IMPLEMENTATION PLAN )Business Advocate Amy Malloy briefed the council on the item.She stated she was there tonight for any questions the council may have on the resolution and to ask for council consideration of the plan. Mayor Coleman opened the public hearing on the item. Mr. Bob Salmon, dean of Central Arizona College, 273 Old West Highway, addressed the council.He stated they are extremely interested as a college in being a firm and meaningful partner with the city on this project.They have been deeply involved in the discussions, seen the vision and participated in the dialogue.They have shared their feelings and have come away as a college feeling firmly that this is not only in the best interest of Apache Junction, it is also in the best interest of the college.A few moments earlier the mayor indicated 2 reasons he would leave town to give someone else the sales tax.He knows he reluctantly does that and so do the rest of them.This REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 6 OF 16 development will keep our sales tax right where it belongs. They will not have to argue with the legislature over what is rightfully ours.After observing other cities do similar things in another way, such as President Michael Crow and what it has done with the downtown redevelopment in partnership with Phoenix, the City of Mesa with the president of Mesa Community College, downtown Tempe with the consideration given to what it meant to Arizona State University, and they feel like the common denominator was a clear and concise partnership between higher education, which is the engine for economic development for manpower and training for any community and the city.They are Apache Junction's community college and they belong to the city. They are supported by the tax base here and they work in their service.Anything that they do is on behalf of the city.It pains them to see people leaving Apache Junction to go to another higher education facility that does not belong to this community.There is not the proper infrastructure to attract and keep them here.They need to buy things, and they want them to study.He believes they have more ways then one to serve in the capacity of a strategic partner to Apache Junction.They wish to do so where they presently reside and in potential partnership with others in the actual location of this development.They look forward with positive resolution to being a meaningful partner in this endeavor. Mr. Dave Burden, 4699 S. Strike It Rich Drive, Gold Canyon, addressed the council.He is chair -elect for the Main Street organization and Apache Junction Community Development Corporation.He read into the record a letter of support for the Downtown Development Plan.They believe the plan will provide the city the opportunity to become a significant competitor in business and residential markets of the valley.They encouraged the city to move forward with the planning, research and feasibility.It will create an inviting and thriving shopping and entertaining district that will draw people from all over. Ms. Carol Urich, 201 E. Southern Avenue, Apache Junction, addressed the council.She stated she knows it is just a concept and it is a wonderful REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 7 OF 16 idea, but she would like to see more of a western flair and maybe more horse -friendly.Otherwise, go to it. Mr. Dan Austin, 1353 S. Valley Drive, Apache Junction, addressed the council.He stated he and his wife have lived here for eleven years and they love the community.They are in support of the plan.He has been an organizational manager with the United States Chamber of Commerce and Urban and Rural Affairs.Over the years he has worked with communities who are struggling to have revitalization downtown.It has been difficult for many communities as partnerships are fragmented and the economy. This is a great opportunity for the city.He encouraged the city to pass the act, as it will be a great beginning and a wonderful thing for the city. Ms. Sandie Smith, Final County Supervisor, 575 N. Idaho Road, Apache Junction, addressed the council.She congratulated them on their forward vision. She has lived here 36 years and has watched the dollars drain into the neighboring communities.She likes the neighboring community, but the future is right here.The children we are raising must leave because there are no jobs.By their vision and their looking forward, they are looking at who we are today and to the future for our heirs to be able to stay here, work and live in our wonderful community. Mr. Cliff Axt, 10322 E. Breathless, Gold Canyon, addressed the council.He is in support of exactly what the LLC is trying to do.He has been working further down the Trail, but he thinks that what they are about to see and what their vision is, is something all of us at the town meetings they have had, the different communities they have met in, have been looking for.It is the answer that he believes will make the town a super place to live.He also attended the Urban Land Institute meeting and there were some suggestions on marketing to the LLC; he is sure the LLC will have a great town for us. REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 8 OF 16 Mr. Carey Blazek commented he would like to echo the sentiments of the woman who has lived here 36 years.He is for development and he gives this his go and approval of this plan. Mr. Rick Smoze, Fry's manager, 185 W. Apache Trail, Apache Junction, addressed the council.It is an exciting time for the city.He was concerned with the realignment of Idaho for the businesses opening on Idaho Road.He wanted to make sure the opening on Idaho Road will be maintained through the redevelopment phase.They have been a part of Apache Junction for awhile and want to continue to be. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Waldron commented it is great to see all of these visioning and planning documents finally come together.He attended the town hall several years ago and this is one of the visions that came out of that.All the documents have now come together and it has been a major effort on staff's part.This is a private property project, not a city project.It is a fortunate situation in that staff gets to deal with only one developer instead of multiple developers that own small parcels.It is a great opportunity.They have gone through the development agreement 2 or 3 times and have had public meetings.It has been said Apache Junction is on the brink; he thinks the city is passing it.They are heading into a great future.This is a great document; the developers have worked together with Amy and other staff to get this put together.It is a great time for Apache Junction. Councilmember Insalaco stated that one of the negative comments that he and the others have heard is that people do not want to see high rise buildings here.He does not want to see high rise buildings either; he moved away from them.But the city has to grow up; they are not REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 9 OF 16 making any more land, whatever is here is here.People think the whole town is going to go up 2-4 stories high.They are only talking about one block area.It will not be a great, big skyline, but it is something that they need to do.They need to take advantage of the air going up instead of sprawling out on property that we have to preserve and keep open spaces on. Councilmember Severs thanked all the people for coming that night and that support the idea. The city needs this desperately.It will be a wonderful thing. It will be beautiful, but the city needs their help in convincing the people who are afraid of change and those who want the city to stay a small town and stay the way it is.This is the right thing at the right time and it needs to happen. Vice Mayor Eck commented he hopes that through all the stages of development that the developers will be considerate to all the businesses in the area who will have to operate when the development does start.He shops at Fry's and he will still want to be able to go to Fry's. Councilmember Dietz commented he thinks the city is moving in the right direction. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND ADOPTING THE DOWNTOWN IMPLEMENTATION PLAN FOR THE CROSSROADS REDEVELOPMENT AREA, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 10 OF 16 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF TRANSPORTATION EQUITY ACT FOR 21ST CENTURY (TEA -21) ROUND 14 )Grants Specialist Roger Hacker briefed the council on the item.He stated last evening staff reviewed with council the Arizona Department of Transportation program for enhancements to our surface transportation system.There were 3 suggested projects from the staff committee, which were the Tomahawk exit off of U.S. 60, an enhancement package for Apache Trail, and the traffic safety concern for speeding in the school zones which is not an appropriate activity for this grant.Staff is looking for council direction on which project or projects they would like submitted. Mayor Coleman commented he believed they had previously talked about staying with the entrances leading into town.They were talking about the entrances at Tomahawk as it makes sense to wait and see what is going to happen with Idaho Road. Vice Mayor Eck commented that is what he thought the consensus was the last time they talked about this.He is a little concerned about the gila monster design being used. Councilmember Dietz commented he believes that is the concept when they got started.They will be having different drawings on the other ramps.The Apache Trail is also a good idea with its meandering sidewalks. As we come in from the west to Apache Junction on the Trail, REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 11 OF 16 coming through the county island and crossing Meridian, there is a significant difference in the appearance of the median.We have the welcome to the city there.It looks nice and it has a good appearance, although there is room for improvement.But the freeway on ramps and off ramps look terrible; anything we can do will improve the gateway into the city. Vice Mayor Eck asked if this is like the other grants wherein they should submit a single item rather than multiple. Grants Specialist Roger Hacker stated you can submit multiple projects, but the selection committee will be left feeling that there is no priority among them.It can be done, but it is not necessarily recommended.They are 2 different projects; one is state and one is local.They would not be competing against each other but the committee would not be able to determine the real priority.There is extreme competition for these dollars. Councilmember Waldron stated there would be less liability to the city with the Tomahawk entrance/exit.The city would not be responsible for any over runs that occurred there.The city would be responsible for the design.On the Trail, it would be nice if it could be a continuing project for several years to come. Councilmember Insalaco commented he definitely supports the Tomahawk improvements.He suggested talking to the Arizona Department of Transportation about cleaning up the area in the meantime while they are waiting for the improvements to begin.When driving through other towns the off ramps are clean; in Apache Junction they are not.It is their responsibility and they should clean them up. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 12 OF 16 TRANSPORTATION EQUITY ACT FOR 21ST CENTURY (TEA -21) ROUND 14: THAT WE STAY CONCENTRATING ON U.S. 60 AT THE TOMAHAWK ENTRANCE WITH THIS NEXT ROUND OF REVENUES THAT WE ARE TRYING TO ACQUIRE. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REVISIONS TO CITY CODE TO ALLOW/ NOT ALLOW IN -HOME AND IN -BUSINESS VISITS BY LICENSED MASSAGE THERAPISTS )City Clerk Kathleen Connelly briefed the council on the item.She stated staff checked with surrounding jurisdictions and in other parts of the state regarding their approach to massage therapy business.In the packet is a chart showing the results of the survey.It ranged from varying license fees to how they regulate it.Staff feels that the most reasonable and practical way, if the council is inclined to change the city code, is to have one license. The one license would allow state -licensed massage therapists to set up at one permanent site in the city or more than one permanent site in the city, or to do in -home massages or to do in -business massages.One license covers them all.If they are inclined to give them direction to make those changes to the code, she would also want to work with the city attorney on bringing that section of the code up to date.The state has preempted us in some areas and we need to draft our code to match what the state now regulates. Mayor Coleman commented there is now a state license. City Clerk Kathleen Connelly stated that is correct.That is why we need to revise our code. Up until the state took control of it, we had our own minimum REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 13 OF 16 hours and qualifications.The state now totally regulates that and even does the background checks. Vice Mayor Eck commented he can remember when he wanted the state to do that because there were so many choices at one time.He asked if this eliminates having to get a prescription from a physician. City Clerk Kathleen Connelly stated it does; it would come out of the code completely. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING REVISIONS TO CITY CODE TO ALLOW/NOT ALLOW IN -HOME AND IN -BUSINESS VISITS BY LICENSED MASSAGE THERAPISTS:THAT THEY ESTABLISH A SINGLE CITY BUSINESS LICENSE FOR STATE -LICENSED MASSAGE THERAPISTS WISHING TO OPERATE WITHIN THE CITY LIMITS THAT WOULD ALLOW THEM TO PRACTICE SOLELY AT ONE STATIONARY CITY -LICENSED FACILITY WITHIN THE CITY LIMITS AND/OR PRACTICE AT MORE THAN ONE STATIONARY CITY -LICENSED LOCATION WITHIN THE CITY LIMITS, AND/OR PROVIDE SERVICES TO CLIENTS AT THE CLIENT'S HOME, AND/OR PROVIDE SERVICES TO CLIENTS AT THE CLIENT'S BUSINESS. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 19, 2006, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 14 OF 16 THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JUNE 20, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Coleman adjourned the meeting at 7:46 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of May 16, 2006. 3. Consideration and approval of Award of Bid for Project PW 2005-04, Installation of Traffic Signals at Superstition Boulevard at Delaware Drive and Broadway Avenue at San Marcos Drive to Utility Construction Company, Inc. for their bid of $622,450.00. 4. Consideration and approval of request to purchase two (2) police vehicles, using Fiscal Year 2005-2006 budget funds for a total amount of $43,204.22, from a State of Arizona Procurement Office approved vendor list. ACCEPTED THIS 20TH DAY OF JUNE , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JUNE 2006. REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 15 OF 16 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS q0LEMAN 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 6th day of June, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of June, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 6, 2006 PAGE 16 OF 16