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HomeMy WebLinkAbout2004-06-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 1,2004 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 1,2004,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 7:14 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Sippel Councilmember Waldron Staff Present: (Councilmember Milkey was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Steve Campbell City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Library Director Pam Loul Finance Director Keith Lewis REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 1 OF 16 Others Present: Public Works Director Doug Dobson Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy Business Advocate Roy Hunt Grants Specialist Roger Hacker Finance Manager John White Administrative Secretary Carlena Lawson Development Services Manager John Petroff Administrative Assistant Janine Solley Human Resources Analyst/Interim Human Resources Director Jackie Trevino Multi -Media Producer Matt McNulty Police Sergeant Bob Nye Police Dispatcher Candi Nilles Presiding Judge David Alexander Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE 2004/2005 PUBLIC AWARENESS GRANT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA AUTOMOBILE THEFT AUTHORITY TO PROVIDE COMMUNITY EDUCATION PERTAINING TO AUTO THEFT IN APACHE JUNCTION IN THE AMOUNT OF $6,561,BE APPROVED;AND THAT APPROVAL BE GIVEN TO USE AN ARIZONA DEPARTMENT OF TRANSPORTATION BID TO PURCHASE TRAFFIC PAINT FOR FY 2004-05 IN AN AMOUNT NOT TO EXCEED $30.000:AND THAT APPROVAL BE GIVEN TO EXTEND CONTRACT NO.PW 2003-10 WITH SUPREME OIL FOR DIESEL AND UNLEADED FUEL FOR FY 2004-05 (ENDING ON JUNE 30,2005)IN AN AMOUNT NOT TO EXCEED $175,000. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 2 OF 16 AWARDS,PRESENTATIONS AND COMMUNICATIONS The Arizona Early Day Gas and Tractor Association presented Parks and Recreation Director Jeff Bell with a check in the amount of $1,523 for a donation to the Parks and Recreation Department Scholarship Fund.The money is from proceeds from the 12th Annual Spring Show at the rodeo park.The representative commented they would like to have a long term display at the rodeo grounds when improvements are made. CALL TO THE PUBLIC Mr.Karl Sot,1300 S.Gold,Apache Junction,addressed the council regarding the new city hall complex.He has heard that the new city complex will have a horse stable and that there will be horse stalls throughout the city.He commented Apache Junction will be the only town in America with a horse stall next to the city complex.He does not see the use for them;he does not see very many horses around the streets.He could think of other things the city needs,such as a bus between here and Power Road to link them to the rest of the community.They could use a hospital and emergency facilities.The closest is Power Road.They could use a trauma center.Instead there is a horse facility next to the city complex. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council regarding a safety issue at San Marcos Drive and Broadway.San Marcos Drive was recently blacktopped but it was not striped normally.There are two double yellow lines going down the middle of the road almost to the school. One is brighter than the other,and there are some white dividing lines that appear.He has seen people driving onto i t from Broadway today,and they are not sure on which side of the double yellow line they should be on.He suggested blacking out the existing double yellow lines that are no longer in use. Mayor Coleman commented they will have hitching posts in an area for equestrian use close to city hall.It will be the first municipal building in the state that is LEEDS certified,an environmentally friendly and energy efficient building.They were awarded extra points for having the equestrian part of it for that certification,and i t is one of the reasons it was incorporated into the plan.He added there would not have been a choice i f they could have provided bus service for what the hitching post area will cost:they would have gone with the bus service.They are also trying to REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 3 OF 16 develop equestrian trails throughout the city.He does not believe it will detract from the building in any way. Councilmember-Sippel stated Scottsdale has a place to park a horse at the city complex as they are also equestrian -friendly:We will not be the only city.• Mayor Coleman commented they are not LEEDS certified,however. Vice Mayor Eck commented it was questioned when i t came up.They minimized the -cost fromsomething pretty expensive to bare minimum.I t is not in the middle of the.complex;i t is .off set.I t is providing a service for those who do enjoy riding horses.The northeast side of the community is full of horseback riders.The horsemen's association is constantly showing how much of a need there is for trails and paths to ride on.They are providing for the -horses that .are there.The general plan calls for a rural lifestyle: The city is trying to create one of the largest equestrian open space -areas in the state.He also directed staff to take a look.on South San Marcos regarding the striping issue and see if there was something the city could do. CITY MANAGER'S REPORT City Manager George -Hoffman read two letters addressed to the parks and recreation department,one from the Chamber of Commerce for setting up the stage and sound for Lost Dutchman Days and one from the Superstition Mountain Bluegrass Group to Jay Reynolds regarding the assistance for the Bluegrass Festival at the rodeo grounds.He added the .aquatics center had 1,566 patrons last Memorial Day weekend,this year it was 1,728 patrons.At times people had to wait as the maximum number allowed at one time is about 420. The attendance was about half of that before the:improvements were approved. PUBLIC HEARINGS ORDINANCE NO.1197,AMENDMENT CASE AM -1-04.,ESTABLISHING EXCEPTIONS TO THE UNDERGROUNDINGOF UTILITIES REQUIREMENT ) )Associate Planner -Steve Abraham briefed the council on the item.I t is currently written that all overhead utility lines shall be placed underground.The planning and zoning commission recommended option number 4;it takes into account the REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 4 OF 16 recommendations of the commission and the council to include a lot frontage threshold,lots 100'and less -are -exempt,a voltage threshold,lines above 12KV are exempt,and language pertaining to a financial. hardship.The council has seen this multiple times and i t reflects their direction. Stipulation number three states that council's decision basically deals with appeal- procedures.Council could include a review and 'analysis of the extent of the existing overhead lines,poles in the immediate area,the crossing of such lines over heavily traveled highways or streets,or the practicality and feasibility of underground installations with regard to the comparative costs -between underground and overhead installations at their .desire_A mere showing that the underground installation is more costly than the overhead installation shall not be the sole criteria for granting a waiver. Vice Mayor Eck commented this would then become policy.He asked if the appeal process is only on hardship or on every single item. Associate Planner Steve Abraham stated it is very similar to an Ordinance No.940 appeal. Vice Mayor Eck commented they could do an appeal anytime they wanted. Associate Planner Steve Abraham stated that is correct. 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 council discussion.He commented he is glad to see this come before them.The council consensus was in agreement..There being no more comments,he called for a motion. Councilember Dietz MOVED THAT ORDINANCE NO.1197 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE .ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 5 OF 16 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1197,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS PROPOSED ORDINANCE NO.1204,REZONING CASE PZ-6-04,PLANNED DEVELOPMENT REQUEST BY J&R PROPERTIES TO MODIFY UNDERGROUNDING UTILITY REQUIREMENT )Associate Planner Steve Abraham briefed the council on the item.The applicants intend to build a Long John Silver's and A&W on the site.Their development plan came before the council a few weeks ago for a 2,800 sq.ft.restaurant to be located on Grand at Apache Trail.The applicants are requesting an amendment for a waiver of the undergrounding of the utility requirement.The applicants stated they were not fully aware of the undergrounding utility costs at the time of the meeting.Council had asked at that time if they were prepared to underground and the representative replied they were.Council approved the ordinance as written which requires the undergrounding of all utilities across Grand Drive.The applicants have learned that Salt River Project is going to impose some requirements on them that go above and beyond the undergrounding. Some of the poles are not fit for undergrounding or fit to be termination points.The distance for undergrounding has been significantly increased. The applicant has provided information for the council regarding the increased frontage and associated costs.He gave the council some new handouts based on the new computations.The undergrounding would now be required to go across Parcel 110 to the west,with almost the entire frontage REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 6 OF 16 of that parcel being included.At the planning and zoning commission hearing,Commissioner Bolmer moved to approve the recommended motion based on the applicant's request to have one power pole remain in the corner.He mistakenly thought that this motion could be denied and another motion could be entered for approval.The voting of denial on that motion resulted in a denial recommendation to the council.This is the reason i t has a denial recommendation to the council.Three commissioners feel that the applicant should be required to underground all the utility lines or leave the pole. The remainder felt the applicant should be granted the waiver.Staff's original recommendation to leave the power pole in the northwest corner of the area was for approval.The development of Salt River Project requiring a greater •frontage to be undergrounded is somewhat outside of the intent of the code that we were going to adopt.Staff has not had a chance to modify their recommendation as to whether the development should be given a complete waiver of the undergrounding requirement. Councilmember Insalaco asked what staff's recommendation would be as i t stands now. Associate Planner Steve Abraham stated they do not have one at this time.It will be, ready for the public hearing. Councilmember Insalaco asked if he had any inclination at this time. Associate Planner Steve Abraham stated this would be subject to the undergrounding requirement according to the ordinance just approved by the council.They do not meet the voltage or frontage waiver on either street side. Vice Mayor Eck commented they had originally approved the undergrounding of everything.He asked what they are asking for with the northwest pole. Associate Planner Steve Abraham stated the applicant's original request was to keep the northwest pole to forego undergrounding across Grand.At the commission meeting they modified their request to ask for none of the power lines to be undergrounded on either street side. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 7 OF 16 Vice Mayor Eck commented the pole in question is on the west side of Grand. Associate Planner Steve Abraham showed him the pole locations on the overhead. There was general discussion about which poles they were discussing. Associate Planner Steve Abraham stated i t is currently written that all of that would be undergrounded.They are now requesting that none of it be undergrounded. Councilmember Dietz asked if this is because Salt River Project was saying they needed to go further west. Associate Planner Steve Abraham stated that is correct,plus the updated cost analysis. Councilmember Sippel commented he has a problem because Salt River Project said no and they are now coming to the council for a yes.He suggested going to Salt River Project first and working with them.The council has already stated what they want to have happen in that area. Councilmember Dietz commented they are saying that because of the condition of the first pole just west of it, Salt River Project wants them to underground from the next one west. Associate Planner Steve Abraham stated that is correct. Councilmember Dietz asked if there would be a reason why they could not leave the pole up on the northwest corner and underground the others. Associate Planner Steve Abraham stated the applicants are claiming that even that is too expensive for this project. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 8 OF 16 Councilmember Dietz asked why they agreed to i t in the beginning. Associate Planner Steve Abraham stated they are claiming they were unaware of the full project -cost. Councilmember Dietz,commented that is not very good planning, Vice Mayor Eck commented he originally thought the only other alternative would be to underground the poles on the current site,and leave one up,either the south one or the_west one.To him,it was not as affective to that site.I f it .is all or nothing. he cannot see leaving one up that is on the Trail,unless it was the far west one that does not ,have anything to do with their property.I f i t is on the property,he would only be interested in the south one. Mayor Coleman asked -when this would come -back to the council. Associate Planner Steve Abraham stated it will come back to the council on June 15. Mayor Coleman closed the discussion and moved on to the next item. AGREEMENT WITH CAN -AM ENGINEERING GEOMATICS ARIZONA,LLC FOR ON -CALL PROFESSIONAL LAND. SURVEYING. SERVICES FOR CONSTRUCTION: OF ON -SITE AND OFF -SITE IMPROVEMENTS AT 'APACHE JUNCTION HIGH SCHOOL )City Engineer Ron -Grittman briefed the council on the item.He stated the city surveyor has had some personal problems in the -last -couple of monthsthat preclude her from doing this'type of construction activity.Under an emergency clause so as not to slow.this project down,the city has basically waived the standard for procurement of -professionaI services process.He requested an hourly rate cost from Can -Am and:then put a.not to -exceed amount of $30:000.He believes the cost may exceed that but he will use that as an opportunity at a later REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 9 OF 16 date .to give the council on update on the project and -refirie the numbers at that 'point.The intent is to move along the adjacent ways school. project. Mayor Coleman asked if all of the legal aspects have been met. City Attorney Joel Stern stated he was told it was an absolute emergency;if they had to wait or bid i t out,, it would have caused extreme hardship to the city and the residents..This falls under the emergency exception in Title 34. City Manager George Hoffman asked City Engineer Ron Grittman to repeat the part about actually needing more money than the $30.000. City Engineer Ron Grittman stated he used that number to get the project up and running.He has not had time to put together a formal 'budget with Can -Am.The $30,000 will get them going The bid opening on the project is tOmorrow,-and cost estimates are up around $900,000..Typically 5% to 10%of that should -be attributed to construction staking.They are looking at $45,000 to $90.000,dependent on what -the ,bid comes back as. City Manager George' Hoffman asked if this will have to come back to the council with another amount. City Engineer Ron Grittman stated that .is correct,unless council wants to increase i t now..He: put that dollar amount on there to get the project started and.-Lb use itas an opportunity to get a better number when they know exactly where.they-are-on the project.I t would then be a -hard number to finish i t out. okay. to make sure this was good legally. that is correct. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 10 OF 16 Mayor:Coleman stated.that would be Vice Mayor Eck commented he wanted City Attorney Joel Stern stated Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck MOVED THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CAN- AM ENGINEERING GEOMATICS -ARIZONA,LLC FOR PROVIDING ON -CALL PROFESSIONAL LAND SURVEYING SERVICES FOR PROJECT NO.PW.2004-09,THE CONSTRUCTION OF ON- SITE (PRIVATE)AND OFF -SITE (PUBLIC)IMPROVEMENTS FOR THE APACHE JUNCTION HIGH SCHOOL ADJACENT WAYS IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $30,000,BE APPROVED:AND:THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. TOP BUN MANAGEMENT (BURGER KING) DEVELOPMENT AGREEMENT )Business Advocate Roy Hunt briefed the council on the item.He stated drafts of the agreement were circulated to various staff and Top Bun Management and as of late today he was given a final draft that Top Bun has signed. City Attorney Joel Stern stated i t is signed but not notarized.That will come later. Business Advocate Roy Hunt stated the faxed signaturepage is to show their intent and they will get' the originals notarized. Councilmember Insalaco commented i t is good to go. City Attorney Joel Stern stated he would feel more comfortable if it were -notarized but they have Mr; Cowley's promise that they will have the two signed originals. Business Advocate Roy Hunt stated he would take care of that tomorrow. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 11 OF 16 Councilmember Sippel asked if this is just for the Burger King or is all of the other area included. Mayor Coleman commented the annexation comes later. Business Advocate Roy Hunt stated this is a key piece to the overall annexation because of the assessed valuation on the Burger King. City Attorney Joel Stern stated the agreement puts in place the council's ability to let the sewer district expand into this area.They will then be able to service this particular piece of property.I t also gives some economic incentives which will increase jobs and property values.They also get the promise that when they have been presented with an annexation petition,Mr.Cowley will sign for his property. Mayor Coleman asked what would happen if he does not sign it. City Attorney Joel Stern stated there would be a legal procedure he would handle that would essentially be a breach of this agreement.They would ask a judge to be involved in it. Councilmember Waldron asked what would happen if they 4o not receive the notarized page. City Attorney. Joel Stern stated they are agreeing to execute this agreement or have the mayor sign off on it. If Mr.Cowley does not sign the agreement,a condition precedent,something that should have happened before it gets signed by the mayor,occurs and the: city is not bound by any means. Vice Mayor Eck commented it would just not be annexed.No money oranything else would.change hands. City Attorney Joel Stern stated the attempts they have made with this pre -annexation agreement would probably go away.There have been e -mails wherein it appears he is pretty interested in getting this done.He has been waiting four years for different reasons. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 12 OF 16 Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT THE PRE -ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND TOP BUN MANAGEMENT (BURGER KING)BE APPROVED:AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RENEWING THE CITY'S SECOND AMENDMENT TO THE AVIATION CONTRACT WITH G&C AVIATION CONSULTING,INC. )Assistant City Manager Bryant Powell briefed the council on the item.The city has been working with George Williams as the aviation consultant since October 2001.His goal has been to promote and protect the city's interests on several different related items,including the FAA's flight routes above and in the vicinity of Apache Junction from Sky Harbor and Williams Gateway.He has also assisted in getting the cell towers up and lit.He has also given advice in the recent past on the helipad issue:the current multi -generational center is right on top of it.The city wanted it moved and the contractor wanted $15,000 to do so.Mr.Williams gave the regulations to the public works department and i t was moved with city resources at a very low cost.This is a discussion item only tonight:it will be brought back in a couple of weeks.The fiscal impact is $1,000 a month for his fee. Mayor Coleman asked if he had increased his fee. Assistant City Manager Bryant Powell stated i t has remained the same. Mayor Coleman asked if he attends the meetings with him regarding Williams Field. REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 13 OF 16 Assistant City Manager Bryant Powell stated he does not,but has stated he would be willing to do ,that,and attend if he would be unable'to make it. Mayor Coleman closed the discussion with no more comments and moved on to the next item. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 14,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE -SESSION .AT 600 P.M.BE HELD ON TUESDAY,JUNE 15,2004, IN THE CITY CONFERENCE ROOM. CounciTmember Waldron SECONDED THE :MOTIONH VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vicellayor Eck-asked_about the condition .of CouncilmeMber•Milkey,following: his accident,. Assistant'City'Manager Bryanti3owell,stated he is okay,hewas just shaken up, REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 14 OF 16 Mayor Coleman announced they had the Salt River Project sponsored "Let's Plan the State Land South of Apache Junction"forum last Wednesday.He thanked County Supervisor Sandie Smith for her role and participation in it.It was productive in that Claudia Walters stated Mesa's position is anticipated ,as only to help with the planning;they have no _intentions of crossing into Pinal .County.Their 2025 plan does not show them coming into Pinal County. This information was reported in the Tribune and was videotaped. ADJOURNMENT )Mayor Coleman adjourned the meeting at -7:53 p.m. Consent Agenda Items are as follows:- 1.Acceptance of Agenda. 2_ Acceptance of Minutes of Regular Meeting of May 18,2004. 3.Consideration of approval of the 2004/2005 Public Awareness Grant Agreement between the City of Apache Junction and the Arizona Automobile Theft Authority in the amount of $6,561 to be used for community education pertaining to auto theft in Apache Junction. 4.Approval of request to use Arizona Department of Transportation bid for purchase of traffic paint for FY 2004/05 in an amount not to exceed $30,000. 5.Approval of request to extent Contract No.PW 2003-10 with Supreme Oil for diesel and unleaded fuel for FY 2004-05 (ending on June 30,2005)in an amount not to exceed $175.000. ACCEPTED THIS 15TH DAY OF JUNE ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TM REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 15 OF 16 DAY OF JUNE DOUGLAS CTEMAN Mayor 2004. ATTEST: 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 1st day of June,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of June,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 1,2004 PAGE 16 OF 16