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HomeMy WebLinkAbout2006-10-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 17, 2006 . The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 17, 2006, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Acting Mayor Rick Dietz called the meeting to order at 7:00 p.m. INVOCATION Councilmember Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Councilmember Dietz Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: Others Present: (Mayor Coleman was on vacation, Vice Mayor Eck was ill and Councilmember Insalaco was on vacation.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern • .. Interim Evidence Technician Jim Stevens Senior Planner Rudy Esquivias Assistant Planner Mike Heuchert Assistant Planner Todd Kennedy REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 1 OF 16 CDBG Admin. Assistant Melinda Larson Public Works Manager Shane Kiesow Human Resources Director Liz Riley Human Resources Analyst Jackie Trevino City Attorney Joel Stern commented it is unusual for the council to not have the mayor and the vice mayor here at the same time.As a point of order, under the city code, when both are gone for whatever reason, the council shall designate one of its members.He does not believe they have to take a vote, they can just designate someone now as acting mayor. Councilmember Sippel stated as Councilmember Dietz is the senior member on the council, he believed it would be appropriate for him to act as mayor for this evening. Councilmember Waldron agreed. ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN TO PROCEED WITH THE STREET PAVING PROJECTS TO BE DONE BY ACE ASPHALT AND SUNLAND ASPHALT THROUGH THE MOHAVE AND S.A.V.E. CONTRACTS FOR A TOTAL AMOUNT NOT TO EXCEED $1,293,000, INCLUDING TAX; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 06-51, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING A PRE -ANNEXATION ECONOMIC DEVELOPMENT AGREEMENT WITH DESERT MESA HOLDINGS L.L.C., BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 2 OF 16 AWARDS, PRESENTATIONS AND COMMUNICATIONS Assistant City Manager Bryant Powell commented tonight the U.S. Green Building Council is presenting the LEED Certification for the city hall/municipal court building.It is an honor to receive the bronze plaque commemorating the award.He introduced key members of the team that helped make this happen: Jim Westberg of the Arizona Department of Commerce, Division of Energy; Grants Specialist Roger Hacker; Ray Del Zotto of Pinnacle One, the project manager; Chad Billings, Stacy Sire and Luisa Carr from Dick & Fritsche Design Group; and Mery Giles from Core Construction.This is the only city hall in Arizona that is LEED certified, although many other cities are practicing it now and starting to make it commonplace among their buildings. Chad Billings stated it was a privilege to work on the project with this design team.There are currently 14 LEED projects in Arizona and 8 of them are in the Phoenix area.The city is one of the frontrunners in this evolution of green buildings.Some of the features that make it green are the recycled materials, the HVAC systems, the lighting, and 40% more efficient water than the standard office building.There is also the stable. The prototype for a green building is electric cars in the parking lot; they could not find any around town.They saw horses and found out some of the employees have horses and could ride them to work.A green building can only be as successful as the people who use the building.The employees of Apache Junction have been great.Their offices have adequate daylighting to serve on a daily basis; the lights do not even come on until the sun goes down.He thanked the employees of Apache Junction for carrying the spirit that the council and the design team intended for this building. Assistant City Manager Bryant Powell presented the LEED Certification plaque to Acting Mayor Dietz. CALL TO THE PUBLIC Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council regarding the police department destruction of weapons, Chief Walp and Interim Commander Swart. He spoke against Chief Walp and Interim Commander Swart.He REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 3 OF 16 estimated the amount of the weapons destroyed would be at least $250,000 and possibly more than that.He feels the money was wasted and could have been used for extra officers, police cars or radio equipment.It could have been used for anything in the city.He stated the reasons given by the chief make no sense to him. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council regarding the intersection of State Route 88 and Superstition Boulevard.He stated he almost fell down on his motorcycle when he made a left turn there due to there being sand there and it being more than a 90 degree turn.He also believes there should be some kind of lighting and traffic signalization there, at least red and yellow flashing lights. There have been traffic accidents at that intersection.He thinks there should be a plan for a street light and improvements.He encouraged the council to call the Department of Transportation and look into the matter. Mr. Steven White, 105 N. Delaware, Apache Junction, addressed the council to read a resolution, Nevada State Assembly Bill No. 351, on artistic expression in public parks. Councilmember Severs commented he understands State Route 88 is a state highway.He asked how the city can do this. City Attorney Joel Stern stated this is not the time for discussion on this.If he wishes staff to look into it, he must ask the manager to look into it. Councilmember Severs commented he would like to see that happen. ANNOUNCEMENT OF CURRENT EVENTS 0 Councilmember Severs commented last Friday night was the Valley Forward event in the Civic Plaza in Phoenix.The city was presented with an award of merit for the Community Development Commercial Building category for the city hall complex.Last month they received awards for the Multi -Generational Center, and tonight they got the Green Building award.He hopes they can keep this up. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 4 OF 16 Acting Mayor Dietz commented they are leading by example and that is awesome. Councilmember Waldron commented there will be a dinner at the American Legion tomorrow night where they are going to introduce the grand marshal for this year's parade.He was a prisoner of war in World War II.It is a no host dinner.He added the parade will be November 11 and they will have an F-117 stealth fighter flyover.The parade starts at 11:00 a.m. at Veterans Park. CITY MANAGER'S REPORT City Manager George Hoffman commented he did not originally have a report but under context of current discussion he reminded everyone of his report of two weeks ago in which he outlined and updated traffic signalization in the community and noted that we were doing several warrant studies.Warrant studies are the legal precursor to a municipality legally enabled to put in a traffic signal, for example.One of the warrant studies underway is the intersection that was referenced this evening. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES BY BARLEENS ARIZONA OPRY DINNER SHOW INC.) )City Clerk Kathleen Connelly briefed the council on the item.She stated the extension of premises will be for additional storage space and to put in appliances such as a water softener, dishwasher, washer, dryer and an upright freezer.The applicant has been notified to be here tonight should there be any questions.No report was received from the fire district; the reviews from the planning staff and police department recommend approval. Acting Mayor Dietz requested the applicant address the council. Ms. Brenda Doehring, the managing member of Barleens Family LLC, addressed the council. She stated they are doing a three-phase expansion at this time. This is phase one.They will be opening November 10. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 5 OF 16 Councilmember Severs asked if they are doing any kind of special event for the opening. Ms. Brenda Doehring stated they are not.It is a typical opening night. Acting Mayor Dietz opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Sippel MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES BY BARLEENS ARIZONA OPRY DINNER SHOW INC., SUBMITTED BY BRENDA DOEHRING, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, INDIVIDUAL, SERIES 10 LIQUOR LICENSE FOR DASH IN & MINI MART )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located on North Apache Trail.This item was on the agenda for the last meeting however there were two issues.The applicant had asked that it be continued so that he could be present and he had not paid the $50 application fee.Both of those issues have been resolved.The packet has correspondence from the police department, planning division and the fire district and they all recommend approval.The applicant has been asked to be present in the event of any questions. Acting Mayor Dietz requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 6 OF 16 Mr. Mehmood Mohiuddin, Dash In, 2345 N. Apache Trail, Apache Junction, addressed the council.He thanked them and the people who have welcomed them to the neighborhood.The people have been nice.They have made some changes and the neighbors came and told them that they loved it.He added when he went to the bank to make a deposit, the clerk commented she had heard good things about it. Acting Mayor Dietz opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and 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 DASH IN & MINI MART, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1279, AM -01-06, CITY- INITIATED TEXT AMENDMENT REVISION TO SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS he had a request to postpone this or advertised as a public hearing, they hearing.He asked the city attorney Acting Mayor Dietz stated move it.Since it has been will hold the public if that was correct. City Attorney Joel Stern stated that is correct.It is up to the council if they want staff to do a presentation; that is discretionary.If they are not going to vote on it, do not vote on it.They must still do the public hearing.If it is continued, continue it to a date certain so that it does not have to be advertised again. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 7 OF 16 Councilmember Sippel asked if they could have the presentation on the evening that it is presented to them. Acting Mayor Dietz agreed. He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for a motion. Councilmember Waldron MOVED THAT THIS ITEM, ITEM NO. 8 ON TONIGHT'S AGENDA, BE CONTINUED UNTIL THE MEETING OF JANUARY 16, 2007. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1280, PZ-12-06, CITY- INITIATED REZONING FOR THE PROPERTY AT 1523 S. CEDAR FROM TH TO CR-2/ PD FOR A PROPOSED LAND SPLIT INTO 3 LOTS IN ORDER TO DEVELOP 3 SITE- BUILT HOMES WITH .A PRIVATE ACCESS WAY FOR INGRESS AND EGRESS )Assistant Planner Mike Heuchert briefed the council on the item.He stated this is just under an acre.It is within the TH district and everything around it is TH.Planning and zoning approved the case unanimously.The area is medium density residential in the general plan.The general plan also encourages site built housing, which this does.He described the surrounding parcels, showing it would be similar to the rest of the neighborhood. This parcel was previously nonconforming.Most of the multiple dwelling units have already been removed.The builder has 4 elevations to choose from.Stipulations 1-5 in the ordinance are written as approved by planning and zoning.Stipulations 6- 8 refer to the private access way and have been reworded slightly.Stipulations 9 and 10 were added after looking at a previously approved private access way. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 8 OF 16 Councilmember Waldron asked what the alley standard is that the street has to be approved to. Assistant Planner Mike Heuchert stated the alley standard they would be approved to is a 28' wide access way and at valley standard which is 2" over native.It would be determined by the city engineer. Councilmember Waldron asked if it would be paved. Assistant Planner Mike Heuchert stated it would. Councilmember Severs asked what the difference is between this requested private access way and the one discussed last night. Assistant Planner Mike Heuchert stated they would both be done under the same standards. Councilmember Severs commented he thought there was a problem with the one last night.He asked if it was because the one last night was for mobile homes instead of conventional houses. Assistant Planner Mike Heuchert stated that is the only difference, plus the one last night was 2 lots and this is 3. Acting Mayor Dietz opened the public hearing on the item. Mr. Dennis Tubb, 2952 W. 16th Avenue, Apache Junction, addressed the council.The rear of his property borders this parcel.It was a trailer park for a long time and everything has been removed from the property except for one trailer.They are ready to start building.Karl Conover will be building some nice houses in there.The neighborhood is only getting better.They were full of 40 -year- old trailers that are now being bulldozed down to have nice, new REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 9 OF 16 homes built.There is a new home going in every month and they are one of the poorer neighborhoods in the city.It is giving the people in the neighborhood the incentive to clean their yards up, trim their bushes and keep their places looking better.That is what we need in the neighborhood.He has talked to all of his neighbors within 300' of this development and they all want it to happen.He encouraged the council to approve the ordinance. Acting Mayor Dietz commented it is great to see these things happen that increase the property value and the atmosphere of the city.He closed the public hearing with no further requests to speak. City Attorney Joel Stern commented he was not sure if the owner was here but he might want to speak. Acting Mayor Dietz requested the applicant address the council. Mr. Jim Mason, Builders Alliance of Mesa, addressed the council.He commented this is a continuing effort to improve the whole area in Apache Junction where mobile homes have been.He has removed all but one mobile home and intends to continue doing that and building site -built homes.He appreciated staff's help on this and would appreciate their support tonight. Councilmember Severs asked if the one mobile home would be staying there. Mr. Jim Mason stated it will be removed as well. Acting Mayor Dietz reopened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 10 OF 16 Councilmember Waldron MOVED THAT ORDINANCE NO. 1280 BE READ BY TITLE ONLY AND THE. READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1280, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-49, AMENDMENT TO CITY OF APACHE JUNCTION "CLASSIFICATION PLAN FOR FISCAL YEAR 2006-07" )Human Resource Analyst Jackie Trevino briefed the council on the item.She stated the resolution will more accurately align our classification plan with our organizational strategy while meeting department and community objectives.There will be no negative impact on the general fund. Acting Mayor Dietz opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 11 OF 16 City Attorney Joel Stern commented this resolution has an emergency clause and under Arizona law, in order for an emergency clause to pass, they need 5 members out of 7.If it passes tonight with 4 members, there would still be a 30 day referendum period on it. Councilmember Sippel commented he was going to leave out the emergency clause. City Attorney Joel Stern stated even if he left it on, operationally it would not matter. They can exclude it. Councilmember Sippel MOVED THAT RESOLUTION NO. 06-49, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND AMENDING THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2006-07", BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS LOCAL CITIZEN PARTICIPATION PLAN )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She requested the council direct staff to begin implementation of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 12 OF 16 the Local Citizen Participation Plan.This is an integral component in the Community Development Block Grant application process.Over the last several years, the federal government has provided assistance to local communities through the State Special Projects program.It is a competitive grant program and the city is eligible to participate annually.The city can apply for up to $300,000 under this program.The funds can be used to address one of the national objectives or can direct funds to a nonprofit organization or another governmental agency.The first public meeting is scheduled for November 13, 2006.Staff will be coming back to council on December 5, 2006 with a summary of projects proposed during the public meetings as well as projects proposed during a presentation to the leadership team.It will also include projects proposed during this fiscal year public process for council review. Councilmember Waldron commented the public meeting will be on November 13.He asked where and at what time. CDBG Administrative Assistant Melinda Larson stated it will be at the Multi -Gen Center at 7:00 p.m.The display ads will be published on October 23 and there will be a public notice and a press release.They are going to step up the marketing so that they can possible get more people from the community to attend. Acting Mayor Dietz closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) STATE SPECIAL PROJECTS (SSP) LOCAL CITIZEN PARTICIPATION PLAN (LCPP):THAT STAFF BEGIN TO IMPLEMENT THE LOCAL CITIZEN PARTICIPATION PLAN AS SOON AS POSSIBLE. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 13 OF 16 ORDINANCE NO. 630, ESTABLISHING AND ENACTING REGULATIONS REGARDING THE USE OF SHIPPING CONTAINERS WITHIN THE CORPORATE LIMITS )Acting Mayor Dietz commented he believed Councilmember Severs wanted to postpone this item. Councilmember Severs stated he would like to continue this discussion until the first set of meetings in January. There was general discussion on what would be the best meeting to continue this item to and whether a work session was needed.It was determined the item had already been discussed at a work session and should be a direction to staff item.As the first meeting in January would have a full agenda, it was moved to the second meeting in January. Acting Mayor Dietz closed the discussion and called for a motion. Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ORDINANACE NO. 630, ESTABLISHING AND ENACTING REGULATIONS REGARDING THE USE OF SHIPPING CONTAINERS WITHIN THE CORPORATE LIMITS:THAT WE BRING THIS ISSUE BACK ON JANUARY 16 FOR DISCUSSION AND DIRECTION TO STAFF. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Sippel MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, NOVEMBER 6, 2006, IN THE CITY REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 14 OF 16 COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, NOVEMBER 7, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Acting Mayor Dietz asked if they needed to make a motion for the special meeting at this time or if they should wait until we are further along with the agreement. City Attorney Joel Stern commented because they are still in the midst of negotiations, he recommended they bring this back on November 7 and pick a special meeting date then. Acting Mayor Dietz asked if they need to make a special motion for that. City Attorney Joel Stern stated they do not have to; it is optional. Acting Mayor Dietz stated they would just come back on November 7. ADJOURNMENT )Acting Mayor Dietz adjourned the meeting at 7:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of October 3, 2006. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 15 OF 16 3. Approval to proceed with street paving projects to be done by Ace Asphalt and Sunland Asphalt through Mohave and S.A.V.E. contracts for a total amount not to exceed $1,293.000. 4. Approval of Resolution No. 06-51, approving Pre -annexation Economic Development Agreement between the City of Apache Junction and Desert Mesa Holdings, L.L.C.(Desert Mesa Holdings desires the Council to consider annexation into the City and desires the City expand the SMCFD No. 1 boundaries so that Owner can obtain sewer services.) ACCEPTED THIS 7TH DAY OF NOVEMBER, 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF NOVEMBER, 2006. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLA Mayor CITY COUNCIL MINUTES CERTIFICATION COLEMAN 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 17th day of October, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of October, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 17, 2006 PAGE 16 OF 16