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HomeMy WebLinkAbout2006-06-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 20, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 20, 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 Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Vice Mayor Eck was absent due to illness.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Library Director Pam Loui REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 1 OF 15 Others Present: Public Works Director Doug Dobson Business Advocate Amy Malloy Library Manager Spencer Paden Grants Specialist Roger Hacker Associate Planner Charles Beck ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND STANDARD INSURANCE COMPANY FOR TERM LIFE INSURANCE FOR AN ESTIMATED ANNUAL AMOUNT OF $28,800 FOR THE PERIOD OF JULY 2006 THROUGH JUNE 2009, WITH THE OPTION TO RENEW IN ONE-YEAR INCREMENTS FOR THREE YEARS, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 06-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED; AND THAT APPROVAL BE GIVEN TO THE AMENDMENT OF JPA 05-037, THE TEA- 21 IRONWOOD PROJECT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF TRANSPORTATION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND CORE CONSTRUCTION SERVICES OF ARIZONA, INC., FOR PRECONSTRUCTION SERVICES FOR THE LIBRARY EXPANSION PROJECT IN AN AMOUNT NOT OT EXCEED $56,537 WHICH INCLUDES 10% FOR CONTINGENCIES; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 2 OF 15 SIGN THE CONTRACT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE SETTLEMENT OF LOCAL GOVERNMENT INVESTMENT POOL LITIGATION WITH DEFENDAND PRICEWATERHOUSE COOPER, WHEREBY CITY WILL RECEIVE $16,269.67, A PORTION OF THE TOTAL RECOVERY. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms. Rita Ulsheimer, 2293 W. Windsong, addressed the council. She had moved here from New Jersey to Arizona and eventually moved into Apache Junction.She works for Maricopa County Sheriff's Office.She has always tried to do the right thing and live her life as honestly as possible.It was a shock when she received a message on her answering machine from Martha Brown stating multiple violations on her house went unanswered and misdemeanor charges would be filed if she refused to respond.The notices had been sent to the wrong address.She called the office that night and Martha returned her call the next morning.The violations were regarding her carport which was constructed five years before she purchased the home.It is deemed a fire hazard and does not meet the setbacks.One of the selling points was the carport when she bought the house.She sold her mother's jewelry to add an awning to shield more of the house, and several businesses told her she did not need a permit.She refused to do business with them and found a company that required a building permit so that things would be up to code.Upon application, the building inspector visited REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 3 OF 15 her property and noted the carport and generated a violation. Had she not attempted to do things in a proper manner, she would not be in this predicament.Many violations exist in her neighborhood and she was told she could file complaints.The carport has existed for 5 years and she is now being told to remove, demolish or relocate the carport.She works for $8.00 an hour and does not have the financial resources to accomplish what is required.Her neighbor has told her he has no problem with the placement of the carport.It is very solid and is not flammable.The structure exists in several other locations in town.She works 10 hours a day and spends 2 hours a day commuting by bus to her job.She does not have any dogs or cats to offend her neighbors.She does not blast music from her vehicle to shake her neighbors' windows.She has no drug habits that would cause offensive behavior.She is in the process of starting a neighborhood block watch at this location.She has great pride of ownership and has sought to maintain and improve her residence.She does not run a business out of her home. Her carport is aesthetically pleasing, and if removed it would appear haphazard. Mayor Coleman requested she summarize. Ms. Rita Ulsheimer stated this has existed for some time; she is the innocent party.She inherited the violations and did not seek to deceive anyone.The violations were not disclosed to her by the seller, real estate agent or the home inspection company.She is a cancer survivor, domestic abuse survivor, and 9/11 survivor.She commented there should be room in the law for some compassion, understanding and heart.She requested they help her and others like her in the same situation. Mayor Coleman directed staff to review the matter. ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman announced there is a Central Association of Arizona Governments meeting that will be held Friday in Payson. The following week the Executive Board of the League of Cities REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 4 OF 15 and Towns is having a retreat.It is the first one they have had in a long time. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR NEW LICENSE, CORPORATION, SERIES 9 LIQUOR LICENSE FOR CIRCLE K STORE #1989/ APPLICATION FOR NEW LICENSE, CORPORATION, SERIES 9 LIQUOR LICENSE FOR CIRCLE K STORE #8746 ) )City Clerk Kathleen Connelly briefed the council on the items.She stated they could do the next two items together as they are the same applicant.There is a change in the corporate level at Circle K which warrants change with the department of liquor.As they are pre-existing businesses, there are no issues relating to council consideration or action.The applicant has been notified of this hearing and their presence has been requested for any questions. Councilmember Dietz asked if this particular Circle K had come up for its license renewal 3 or 4 years ago. City Clerk Kathleen Connelly stated it was both Circle Ks. Councilmember Dietz commented he believed it had been denied by the council and the liquor board. City Clerk Kathleen Connelly stated they have never denied a Circle K license; there are 2 stores and one of them is at Broadway and Delaware. REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 5 OF 15 Councilmember Dietz commented it was the one at Superstition and Meridian that was denied. City Clerk Kathleen Connelly stated she did not recall any of them being denied. Councilmember Dietz commented it was quite some time ago. Mayor Coleman suggested they ask the applicant.He requested the applicant address the council. Ms. Denise Blevins, the market manager for the Circle K at Meridian and Superstition, addressed the council.She has had the position for 5 years and to her knowledge they have never applied for a liquor license prior to today.She does not recall ever being denied while she was there and has no knowledge of the stores ever being denied. Mayor Coleman opened the public hearing on the items.There being on one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 9 LIQUOR LICENSE FOR CIRCLE K STORE #1989 SUBMITTED BY KIM KWIATKOWSKI BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Severs MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 9 REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 6 OF 15 LIQUOR LICENSE FOR CIRCLE K STORE #8746 SUBMITTED BY KIM KWIATKOWSKI 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. 06-19, CASE NO. SD -03-05, PRELIMINARY PLAT FOR SUPERSTITION MOUNTAIN ESTATES )Associate Planner Charles Beck briefed the council on the item.He stated this was originally submitted as a planned development project for a 20 lot subdivision.This 16 -lot preliminary plat request is for an entitled R1-43 standards property.The proposed lots meet R1-43 standard lot sizes, adjusted existing federal patented easements and street right-of-way dedications.The lots must be 1.25 acre gross.After the dedications, some of the lots will appear smaller on the map.There are no proposed planned development standards by staff or the city code.There are no open space requirements under the R1-43 entitlements.No architectural elevations are required for this project.The R1-43 zoning allows horse privileges for individual property owners who may desire to have horses; the horse privileges are not mandatory. The Planning and Zoning Commission voted 5-0 for approval with all stipulations as written.There are several topographic and flood zone features throughout the site.He described the surrounding area.The developer proposes public streets to city width standards with 2 ingress/egress along Tomahawk Road. Lots 7 and 8 will be accessed off of Lost Dutchman Boulevard.There is a proposed 50' wide right-of-way with 24" road gutters and 8' patented utility easements.Abandonments are proposed in 3 areas which he showed them on the map.Tracts A, B and C are easements for retention purposes and they will be maintained by the homeowners association.Each lot will have on site its own nonbuildable drainage area.The applicants received input from REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 7 OF 15 the city engineers regarding the washes, waterways and buildable areas.Engineering has recommended a 15' minimum buffer from the edge of a wash to a buildable area.All utilities and irrigation facilities will be underground in accordance with city requirements.Each site will be provided with an on site septic system, and their placement is a county criteria.The planning division recommends that the preliminary plat applies in all respects to the zoning requirements of R1-43 standards. Staff recommends approval of the preliminary plat with the stipulations listed, which includes horse privileges and the CCRs. Councilmember Insalaco asked if the reason the road could not be extended to Lots 7 and 8 is because of the location of the wash. Associate Planner Charles Beck stated the project engineer wanted to go along that particular alignment.He believes their engineer can give a better answer to that question. Councilmember Insalaco asked if there would be any problem with the homes on Lots 7 and 8 since they will be turned around and will be facing Lost Dutchman. Associate Planner Charles Beck stated he was not aware of any traffic count that relates to that being a problem.The city engineer would best be able to answer that question. Mayor Coleman requested the applicant address the council. Mr. Duran Thompson with D & M Engineering, 1833 W. Main Street, Mesa, addressed the council. He stated they agree with the stipulations and the staff report as expressed to the council.They have made every effort to comply with the ordinance and meet all the requirements.They are anxious to move on with this, get some plans approved and start developing lots. REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 8 OF 15 Councilmember Severs asked if there would be any kind of wall that will be put up along Lost Dutchman. Mr. Duran Thompson stated he believes it is the intent of his client to have a wall on that side but it will be dependent on the individual owners that purchase the lots.They would like to see a wall across a portion of it at least to assist them with the off -site, graded flood issue coming across one street.He is not sure if at one point it will be reflected in the improvement plans. Mayor Coleman asked if the wash is the reason the road does not go all the way through past Lots 7 and 8. Mr. Duran Thompson stated that is correct.There is a FEMA designation across there. Engineering felt it important that it not be encroached upon. It was extended as far as it could go at engineering's recommendation so that the area could be developed for future use. Mayor Coleman asked if the owners will have horse privileges and if they would be documented in the CCRs. Mr.•Duran Thompson stated he was not intentionally skirting that question, but he is not sure.The CCRs are in draft form right now and he believes the intent of the client is to address that privilege in the CCRs. Mr. Robert Esposito, Rain Cloud Drive, one of the principles in the Tomahawk 20, addressed the council.He stated their intent is to have it that if a particular lot owner or homeowner is able to meet the requirements to have horses, then that is the way it will be. It will be left up to the city and county; the developer will not dictate yes or no.If an individual can meet the requirements, then they can have horses.That is the REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 9 OF 15 instruction he has given Ralph Pew on the issue as he develops the CCRs.He understands that if it was not a subdivision, they could have horses.They do not want to mess with that. Councilmember Insalaco commented they are going to be putting up a wall there.He asked if the wall is going to stop at Lots 7 and 8 and that they will have driveways going out onto Lost Dutchman. Mr. Duran Thompson stated the wall would stop at Lot 6 to allow Lots 7 and 8 to have access to Lost Dutchman. Councilmember Dietz commented he does not see that as a problem.There are people on either side that front Lost Dutchman. Mayor Coleman commented the only thing that is required is that they have access to each lot. City Attorney Joel Stern stated that is correct.They need to have legal access.A dedicated roadway is legal access. Mayor Coleman opened the public hearing on the item. Mr. Chip Wilson, 128, S. Starr, Apache Junction, representing the Superstition Horsemen's Association, addressed the council.He stated they had a big discussion on this development before, and one of the things they wanted to be sure of was the aspect that this would stay with the original design of 1.25 acre lots.This meets their goal so they are not going to stand on their boots and jump up and down against this. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 10 OF 15 Councilmember Severs asked if there would be any disclosure anywhere to alert the people to the noise, smell, flies, dust and traffic of the rodeo grounds. City Attorney Joel Stern stated there would not.This is a preliminary plat that meets all the requirements of the city code.It is not in the code for the city to dictate that item.They could voluntarily do it, but they do not have to. Councilmember Sippel commented he could congratulate the horsemen on getting their 1.25 acres, but he wholeheartedly believes, and he supported them then, that this project is by far substandard to what they put in before.He thinks the horse owners and property owners in that area lost out on a beautiful project for the 1.25 acre lots.He has no issues with this one, but he knows that what came before this much more pleasing to the eye and was better for the people that were going to live in that community.He commented kudos to them for sticking with it through the process and getting a project through in that area. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT RESOLUTION NO. 06-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY PLAT FOR SUPERSTITION MOUNTAIN ESTATES, A RESIDENTIAL SINGLE FAMILY SUBDIVISION, IN CASE SD -3-05, BY FRANK DELL'ARMI, REPRESENTING TOMAHAWK 20 LLC, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. (Mayor Coleman commented during the vote that it is a good project and that they came in with exact zoning.He hoped that REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 11 OF 15 it would be horse property in that area as it was a concern of the people and that the CCRs will allow for that.However, he was disappointed that he was not able to properly communicate to the crowd that night that he believes they could have had 2 horse trails in that subdivision, the disclaimer in 3 places about the rodeo grounds, houses built to airport noise standards, and they could have really enhanced the development. It would not have looked cookie cutter with the different -sized lots.But he is happy that they protected the 1.25 acre size.) The motion carried. RESOLUTION NO. 06-27, DECLARING THE 2006 AMENDMENTS TO THE CITY CODE AS PUBLIC RECORD WITH THE EMERGENCY CLAUSE AND ORDINANCE NO. 1269, ADOPTING THE 2006 AMENDMENTS TO THE CITY TAX CODE WITH THE EMERGENCY CLAUSE )City Clerk Kathleen Connelly briefed the council on the item.She stated the city adopted the Model Tax Code in 1987.The tax code is a requirement for every city and town in Arizona.It is a basic set of rules that were brought about by the action of the state chamber of commerce and members of the state legislature so that taxpayers throughout the state would have a reasonable amount of similarity as they did business in going from one city or town to another.There are periodic updates to the code, and these are the 2006 amendments.They deal with the exemption of certain federal -level housing projects from sales tax and standardizing an appeals process for taxpayers and assigning specific dates, deadlines, and levels of interest.The city does not have an option on adopting these codes.We are required to do it and both documents have been written with the emergency clause.They are in effect by July 1. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 12 OF 15 council discussion.There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 06-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 2006 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1269 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. read the ordinance THAT ORDINANCE NO. AND ADOPTED. THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz SECONDED City Clerk Kathleen Connelly by title only with the emergency clause. Councilmember Waldron MOVED 1269, AS READ BY THE CITY CLERK, BE APPROVED Councilmember Dietz SECONDED REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 13 OF 15 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz announced that the mayor had cancelled the July 3-4, 2006 work session and regular meeting for the holidays.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 17, 2006, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JULY 18, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:43 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of June 5, 2006. REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 14 OF 15 3. Acceptance of Minutes of Regular Meeting of June 6, 2006. 4. Consideration and approval to enter into an agreement for Term Life Insurance with Standard Insurance Company for an estimated annual amount of $28,800 (based on employee payroll) for the period of July 2006 through June 2009, with the option to renew in one-year increments for three years. 5. Consideration and approval of Resolution No. 06-28, authority to submit a Transportation Equity Act for 21st Century (TEA- 21) Round 14 grant application, for a landscaping and scenic beautification project on the Tomahawk exit of U.S. 60. 6. Consideration and approval of amendment JPA 05-037, the TEA -21 Ironwood Project Intergovernmental Agreement between the City and ADOT. 7. Consideration and approval of the preconstruction services contract to CORE Construction Services of Arizona, Inc., in an amount not to exceed $56,357 which includes a 10% contingency, for the Library expansion project. 8. Consideration and approval of settlement of Local Government Investment Pool litigation with Defendant Pricewaterhouse Cooper, whereby the City will receive $16,269.67, a portion of the total recovery. ACCEPTED THIS 18TH DAY OF JULY , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JULY 2006. *) 49L DOUGLAS COLE—M 4 Mayor ATTEST: REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 15 OF 15 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 20th day of June, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of July, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 20, 2006 PAGE 16 OF 15