HomeMy WebLinkAbout2003-08-19 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
AUGUST 19,2003
The regular meeting of the City Council of City of Apache Junction,
Arizona,was held on August 19,2003,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 Insalaco gave.the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember .Milkey led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present:Mayor Coleman
Vice Mayor Eck
Councilmember Dietz
Councilmember Insalaco
Councilmember Milkey
Council member Sippel
Councilmember Waldron
Staff Present:City Manager George Hoffman
Assistant City Manager Bryant- Powell
Interim Assistant City Manager/City Clerk
Kathleen Connelly
City Attorney Joel Stern
Public Safety Director Robert Warner
City Engineer Ron Grittman
Public Works Director Doug Dobson
Interim Dev.Svcs.Director Rudy Esquivias
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AUGUST 19,2003
PAGE 11 OF 26
Others Present:Grants Specialist Roger Hacker
Associate Planner Steve Abraham
ACCEPTANCE OF CONSENT AGENDA
)Vice Mayor Eck MOVED THAT THE
CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT WE RECOGNIZE THE OUTSTANDING
SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS AND
RECREATION DEPARTMENT FOR BEING VERY INNOVATIVE AND WELL -STAFFED:RECREATION
COORDINATOR JAMIE SULLIVAN FOR BEING VERY ORGANIZED,WILLING TO ANSWER
QUESTIONS,ABLE TO DEAL WITH ALL SITUATIONS AND HAVING AN EXEMPLARY STAFF:
BUSINESS LICENSE COORDINATOR TALEEN CARPENTER,BUSINESS LICENSE ADMINISTRATIVE
CLERK RACHEL ENCINAS,AND ASSOCIATE PLANNER STEVE ABRAHAM FOR THEIR
PROFESSIONAL AND FRIENDLY MANNER DISPLAYED DURING BUSINESS LICENSE PROCEDURES;
CITY CLERK KATHLEEN CONNELLY FOR SERVING AS CHAIRPERSON OF THE ELECTION
CERTIFICATION COMMITTEE OF THE ARIZONA MUNICIPAL CLERKS'ASSOCIATION FOR THE
YEAR 2002-2003;LIBRARY ASSISTANT MARY -JOY ZUIK FOR HER CREATIVITY AND
DELIGHTFUL LIBRARY PROGRAM;THE LIBRARY STAFF FOR BEING COURTEOUS AND HELPFUL;
RECREATION COORDINATOR JAY REYNOLDS FOR THE FLEXIBILITY DEMONSTRATED WITH THE
DIFFICULT SCHEDULE AND CONFERENCE DISORGANIZATION AT APACHE TRAIL HIGH SCHOOL:
RECREATION SUPERINTENDENT LIZ LANGENBACH FOR HER CONTINUED SUPPORT OF THE
ARIZONA STATE UNIVERSITY COLLEGE OF PUBLIC PROGRAMS,RECREATION MANAGEMENT AND
TOURISM DEPARTMENT AND THE INTERNSHIP PROGRAM;AND RECREATION COORDINATOR
JAMIE SULLIVAN,PARKS AND RECREATION CUSTOMER SERVICE REPRESENTATIVE I HEATHER
WRIGHT,PARKS AND RECREATION EXECUTIVE SECRETARY MARY MARCH,RECREATION
LEADERS JOHN CONTRERAS,MARTHA ROMERO,CHELSEA CONNOLLY,JAMIE UNDERWOOD,
MICHELLE GARRIDO AND PETER RIOS,AND PARKS AND RECREATION VOLUNTEERS BRIDGETT
BELLE,JACK KARDASZ AND ALEXIS HALL FOR THEIR FRIENDLINESS IN THE OFFICE AND
THE WIDE VARIETY OF ACTIVITIES EXPERIENCED AT THE OPEN GYM AT DESERT SHADOWS
MIDDLE SCHOOL THIS SUMMER;AND
THAT APPROVAL BE GIVEN FOR THE CITY MANAGER EMPLOYMENT AGREEMENT FOR FISCAL
YEAR 2003-04,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE
AGREEMENT:AND
THAT APPROVAL BE GIVEN FOR THE CITY ATTORNEY EMPLOYMENT AGREEMENT FOR FISCAL
YEAR 2003-04,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE
AGREEMENT;AND
THAT THE OAK ACRES TRUST 1/.CITY OF APACHE JUNCTION SETTLEMENT OF JULY 29,
2003,BE RATIFIED:AND
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
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THAT RESOLUTION NO.03-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA.SUPPORTING ENERGY CONSERVATION THROUGH THE
CITY OF APACHE JUNCTION,AS WELL AS WITHIN THE SCOPE OF CITY OPERATIONS,BE
APPROVED;AND
THAT RESOLUTION NO.03-20,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,CERTIFYING THE 2002-2003 FISCAL YEAR MUNICIPAL COURT
QUARTERLY REVENUE COLLECTIONS;DIRECTING STAFF TO FORWARD THE CERTIFICATION TO
THE STATE TREASURER'S OFFICE:AND DIRECTING STAFF TO SEND SEVENTY-FIVE PERCENT
OF ANY QUARTERLY REVENUES COLLECTED IN EXCESS OF THE CERTIFIED BASELINE LEVELS
TO THE STATE TREASURER'S OFFICE;BE APPROVED;AND
THAT APPROVAL BE GIVEN FOR THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE
APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR FISCAL
YEAR 2003-2004 IN THE AMOUNT OF $40,000,AND THAT AUTHORIZATION BE GIVEN FOR
THE MAYOR TO SIGN THE AGREEMENT;AND
THAT APPROVAL BE GIVEN FOR THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE
APACHE JUNCTION MAIN STREET PROGRAM AND THE CITY OF APACHE JUNCTION FOR FISCAL
YEAR 2003-2004 IN THE AMOUNT OF $32,000,AND THAT AUTHORIZATION BE GIVEN FOR
THE MAYOR TO SIGN THE AGREEMENT:AND
THAT APPROVAL BE GIVEN FOR THE REQUEST TO USE THE CITY OF GLENDALE'S BID FOR
BARRICADE RENTAL SERVICE FOR FISCAL YEAR 2003-04 WITH BOB'S BARRICADES IN AN
AMOUNT NOT TO EXCEED $15,000:AND
THAT APPROVAL BE GIVEN FOR THE LEASE AGREEMENT BETWEEN PINNACLE TOWERS,INC.
AND THE CITY OF APACHE JUNCTION FOR THE POLICE DEPARTMENT TO INSTALL RADIO
EQUIPMENT AND RADIO PARTS AT THE SITE KNOWN AS JENSEN HILL IN MESA,ARIZONA;
AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT;AND
THAT APPROVAL BE GIVEN TO PURCHASE A BROOM BEAR STREET SWEEPER FROM NORWOOD
EQUIPMENT USING THE STATE OF ARIZONA PURCHASING CONTRACT #T0118A00051 IN AN
AMOUNT NOT TO EXCEED $161.013.35:AND
THT APPROVAL BE GIVEN FOR A CHANGE ORDER WTH STANTEC CONSULTING INC.FOR
DESIGN WORK CHANGES FOR THE STORMWATER SYSTEM ON THE SUPERSTITION BOULEVARD
PROJECT NO.PUBLIC WORKS 98-17,FROM MERIDIAN DRIVE TO IRONWOOD DRIVE,IN THE
AMOUNT OF $9,780.00
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 3 OF 26
'CouncilMember Dietz SECONDED THE
MOTION.r
VOTE:Unanimous.
The motion carried.
AWARDS,PRESENTATIONS AND COMMUNICATIONS
None.
CALL TO THE PUBLIC •
Mr.Dan Wald,3400 S.Ironwood Drive #260,Apache Junction,addressed the
council regarding the Focus Future Symposium,sponsored by the state,Arizona
Public. Service and Pinnacle West that he attended.They were able to obtain a
computer to be given to the Community Alliance Against Family Abuse gratis
from the student retention through use of technology via Motorola.I t had to
go to a 501(c)3 organization.Our city is about three-quarters of the way
through Phase I of Focus Future;things are in process and we are doing well.
The town hall meetings have been well organized and are now taking off.
However,the streetscape needs a push to completion.The utilities along
Phelps Drive have been buried,but the lights need to be installed.He
learned at the symposium that a city does not have economic development
without art and culture.He mentioned programs that are coming to the city to
address this need.He commented area beautification lends itself to a lot of
progress within the city;i t is how the city is perceived by those entering
the city.He recommended a property maintenance ordinance be adopted as soon
as possible to clean up some areas.He added retention and expansion of
existing businesses needs to be an adjunct to the current economic development
group.I t needs to be incorporated dramatically;new and old businesses need
to be successful and grow.
CITY MANAGER'S REPORT
City Manager George Hoffman commented Mr.Wald and a variety of people
associated with the Small Business Focus Group,specifically the Attracting
Businesses Subcommittee,will be meeting with him Thursday to talk about the
creation of a business advocate position.The following week he will talk to
another subcommittee about some draft literature created by city staff
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AUGUST 19,2003
PAGE 4 OF 26
describing the steps required to,open a business and get a business license.
They will partner with the business community to glean ideas from thermon how
they can better partner toget businesses into the community.He commented
the gas situation has involved public works and public safety in lane issues
and public safety.There have been no major setbacks to his knowledge The
city has a two week -gas supply and we are -getting a_delivery this Thursday.
Cities are viewed as a priority customer for the life and safety aspect
associated with public safety operations:.If the employees can get to work,
the services will not be impacted.He stated that Human Resources Director
Sue Stalcup has announced her retirement to be effective February 2,2004.
Staff will bring back a .property maintenance ordinance to council in September
for discussion.
PUBLIC HEARINGS
APPLICATION FOR A PERSON TRANSFER,
LOCATION TRANSFER,J.TAI.R.O.S.,SERIES 6
LIQUOR LICENSE FOR CAPTAIN'S
)City Clerk Kathleen Connelly
briefed the council on the item.The applicant was notified of the meeting
and may be here to speak with the council.She stated comments from the
zoning area stating they are in the correct zone in ,which to operate are
included in the packet.The police department has no objections.No response
has been received from the fire district on this issue.
Mayor Coleman requested the
applicant address the council.
Mrs.MaryjeDoux,14 E.Kaniksu,
Apache Junction,addressed the council.She was there to answer any
questions:•
' Vice Mayor Eck asked if the
employees had received the training from state liquor control.
Mrs.Mary LeDoux stated the people
they will be employing have been in the industry 15 to 20 years.They have
already been through the training.
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AUGUST 19,2003
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Mayor Coleman opened the public
hearing on the item.
Ms.Joan Steven,1524 E.Whitely
Street,Apache Junction, .addressed the council.She is the co-owner of
Classic Candies which is -a couple of doors down from the siteof Captain's.
She is concerned .over what the hours will be.She had also been told this
would be a restaurant serving sandwiches and such with some liquor and now she
understands that i t is a bar,where they would be open late and serving
primarily liquor and sandwiches secondarily.She is concerned over the type
of people that would be attracted to the. area as they would like to have a
nice atmosphere there.
Ms.Helen Schlie,300 W.Apache
Trail #116,Apache Junction,addressed the .council.She owns Helen Spencer
Schlie Fine Arts Gallery.She is concerned about groups of children that she
invites to the gallery.She is also planning on having some recitals there
this fall with the students showing their talents.She is concerned about the
noise and traffic.She enjoys the atmosphere of the art gallery,and she
needs to have a pleasant,refined atmosphere for the art gallery.She
requested the license not be granted because of the atmosphere it will bring
next door to her art gallery.
Mr.Jim Pfeifer,1909 S.Papago,
Apache Junction,addressed the council.He spoke on behalf of the license.
He has known the applicants for six or seven years and hetelieves they -will
operate an efficient and as quiet a business as they possibly can.He
believes it will be a business asset to.the community.
Mr.,Mel Mulholland,6089 E.Mining
Camp Road,Apache Junction,addressed the council.He spoke on behalf of
Captain's -Bar.He has known'the-applicants for six years and they are
upstanding -people and will run a decent business.It will be a benefit tothe
city.
Mayor Coleman closed the public
hearing on the item.He asked the applicant what Captain's will be,what her
vision is for it,and to address the concerns voiced on the item.
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AUGUST 19,2003
PAGE 6 OF 26
Mrs.Mary LeDoux stated they have
been in the marine industry for 25 years.They have wanted to do a fish
restaurant and lounge and this is a step to get up to that goal.They are
working towards that.They plan on double -insulating the walls,there will be
no live music,they will close at 10 p.m.,and the employees have been around
the area forever.The building will be done in antiques so they will not have
any questionable people.
will be open.
open from 10 a.m.to 10 p.m.
have live music.
not,and no karaoke.
Mayor Coleman asked what hours they
Mrs.Mary LeDoux stated they will be
Mayor Coleman stated they will not
Mrs.Mary LeDoux stated they will
Vice Mayor Eck asked if they
intended to be friendly and courteous to their adjoining neighbors.
Mrs.Mary LeDoux stated if any of
them has any problems,they will be more than willing to work i t out.She
believes they have the wrong perspective.They are looking to have a friendly
place to have a sandwich and a beer and to get together with friends.Most of
the people she knows that will be regulars will yell if it gets too loud.
They want to bring people and business into the mall for everyone.
Councilmember Waldron asked what the
occupancy rating is on the building.
Mrs.Mary LeDoux stated she did not
know,but she would guess 50 to 60.
Councilmember Sippel commented she
has not listed any schools in the area,yet Apache Trail High School is across
the street.There is also a new elementary school in the area.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 7 OF 26
City Clerk Kathleen Connelly
commented the statute on the application requires they be listed if they are
within a half mile.Those are probably more than a half mile away.
one across the street.
the high school is by Checker Auto.
another across the street in the old Osco.
Councilmember Sippel asked about the
City Clerk Kathleen Connelly stated
Councilmember Sippel stated there is
City Clerk Kathleen Connelly stated
that probably would be close.She stated she is required to list on the
application other liquor license holders and schools that are within a half
mile.However,a school would have a 300'limit.Avalon Academy is easily
more than 300'away from this location.
Mayor Coleman asked if there was a
reason why the fire department did not respond.
City Clerk Kathleen Connelly stated
there have been other occasions when they have not responded and i t is usually
because they have a staffing issue.The person assigned these might have been
on vacation or something.
Mayor Coleman asked if the zoning is
correct.
'City Clerk Kathleen Connelly stated
i t is.
Vice Mayor Eck asked the city
attorney if they are only looking at the liquor license,to make sure that i t
is properly zoned for it and not necessarily its location.
City Attorney Joel Stern stated the
applicant must file an application with the city.The city looks at i t and
its approval or disapproval goes to the state.The state looks for reasons as
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 8 OF 26
to why the city voted the way they did.You can look at the 300'issue,the
qualifications,the application documentation,and you decide on your
legislative ability whether you think it would be a good addition to the city.
The statute does not address that,however:he believes they need to go
strictly by the distance,whether the application looks filled out correctly,
and whether there are any criminal violations that would make you believe this
would not be in the best interest of the city and its residents.If the
council votes no by two-thirds,then the state board would have to override
that by another two-thirds at their level.
Vice Mayor Eck asked if this meets
all of our current policies.
City Attorney Joel Stern stated i t
does.He cannot see a legal reason to turn it down,but they have the
legislative ability to vote either way.
Mayor Coleman asked if there is a
renewal period once state liquor issues the license.
City Attorney Joel Stern stated they
do not return to the city.If they have problems while they have the liquor
license,it goes before the liquor board.The city gets one chance on whether
they wish to vote for approval.If the majority of the council votes for
approval,there will be no hearing with the liquor board;it will be
administrative.
Councilmember Insalaco asked if they
have to show just cause if the majority of them vote no.
City Attorney Joel Stern stated they
have to list the reasons why;there should be a finding.Whoever makes the
motion should make a finding.
Mayor Coleman commented his concerns
are what the other business owners in the area expressed,but he thinks the
LeDouxs are good for their word.
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AUGUST 19,2003
PAGE 9 OF 26
City Attorney Joel Stern stated they
will be open from 10 a.m.to 10 p.m.and he .does not know how that will affect
the other businesses because they open before 10 a.m.and close before 10 p.m.
Vice Mayor Eck commented he had the
same concerns.He was happy when Helen opened her business there and for what
i t does for the community.He does not like the location:however,he cannot
vote against this'as there is nothing illegal about the application.
Mayor Coleman closed the discussion
and called for a motion.
Councilmember Dietz MOVED THAT THE
APPLICATION FOR A PERSON TRANSFER,LOCATION TRANSFER,J.T.W.R.O.S.,SERIES 6
LIQUOR LICENSE FOR CAPTAIN'S,SUBMITTED BY MARY ALICE LEDOUX,BE RECOMMENDED
FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Councilmember Waldron SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
APPLICATION FOR A SPECIAL EVENT LIQUOR
LICENSE FOR APACHE JUNCTION MAIN STREET
FOR OCTOBERFEST COMMUNITY EVENT TO BE
HELD OCTOBER 3-5,2003
)City Clerk Kathleen Connelly
briefed the council on the item.She stated this is the first time for this
event.They will have "A Taste of Apache Junction",a carnival,mudfight
events,and a beer garden activity.Comments have been solicited internally
and are contained in the packet.She added that Main Street representatives
are in attendance for any questions.
applicant address the council.
Mayor Coleman requested the
Mrs.Sandie Smith,chairperson of
the Main Street promotion group,addressed the council.They believe it will
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 10 OF 26
be, a signature,annual event.The police department has been represented on
the committeeAo assure people will be getting in and out of the event safely.
They are currently getting sponsors and are looking forward to the event.
Vice Mayor Eck commented this would
be the first of many such events.
Mrs.Sandie Smith stated they hoped
to be back every year."The Taste of Apache Junction will give the
businesses .and restaurants a chance to set up a booth and display their wares.
They believe there will be a lot of people who will come to the event,
purchase a ticket,and see what Apache Junction has to offer.They will have
an area whereithey can set up _a booth where the police department and fire
district will show their equipment and what they do.Primarily,"The Taste of
Apache Junction"will be for the community's restaurants.She has heard the
pillow mudfight will be interesting as there have been many challenges made.
Mayor Coleman asked what the hours
will be.
Mrs.Sandie Smith stated Friday it
will start at 6:00 p.m.and she is not sure of the hours on Saturday and
Sunday.
Mayor Coleman commented there is an
elementary school in the neighborhood but it closes at 4:00 p.m.
Mrs.Sandie Smith stated she does
not believe the elementary school was there when they applied for this.
Mayor Coleman opened the public
hearing on the item.
Mr.Dan Wald,3400 S.Ironwood,
Apache Junction,addressed the council.He put his support behind the program
and invited everyone to be there Friday night for "The: Taste of Apache
Junction and All That Jazz".There will be entertainment and artwork
available.Saturday and Sunday programs will feature those restaurants
wishing to participate.
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AUGUST 19,2003
PAGE 11 OF 26
Mrs.Anita Linker,833 E.Friar,
Apache Junction,addressed the council.She believes it will be a wonderful
event and that people will see that the area has fine,quality restaurants.
Mayor Coleman closed the public
hearing with no one else wishing to speak.He reopened the item to council
discussion.
Councilmember Insalaco commented
someone sent an invitation to Tim and Willy on KNIX radio station and they
made some derogatory remarks.He called and talked to them and invited them
out,and he believes they might see them there.
Mayor Coleman closed the item with
no further discussion and called for a motion.
Vice Mayor Eck MOVED THAT THE
APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION MAIN STREET
FOR OCTOBERFEST COMMUNITY EVENT TO BE HELD OCTOBER 3-5,2003,AT THE CHAMBER
OF COMMERCE,SUBMITTED BY RAYNA PALMER,BE RECOMMENDED FOR APPROVAL TO THE
ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Councilmember Dietz SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
PROPOSED RESOLUTION NO.03-18,CASE SD -4-
03,REQUEST BY KEN SHEWMAKE OF SPECTRE-
WEST BUILDERS CORPORATION TO AMEND THE
FINAL SUBDIVISION PLAT OF MOUNTAIN VISTA
VILLAS FOR THE PURPOSE OF ADDING AN
ADDITIONAL SHEET TO THE PLAT SHOWING THE
LOCATION OF VERTICAL AND HORIZONTAL
CONDOMINIUM UNIT BOUNDARIES REFERENCING
AN ESTABLISHED DATUM
)Associate Planner Steve Abraham
briefed the council on the item.This was originally platted as Indian Summer
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 12 OF 26
Condominiums Phases 5 and 6 and amended under Case SD -2-02 as Mountain Vista
Villas.I t is located about 330'north of the intersection of Broadway and
Delaware on the east side.Their attorney did not feel that the notes
contained on the plat were sufficient to satisfy state requirements.They
therefore wish to add this amendment.The applicant and his attorney were
unable to attend this evening;Mr.Cliff Axt is here on behalf of the
applicant if there are any questions.
Mayor Coleman requested Mr.Axt to
address the council.
Mr.Cliff Axt,10322 E.Breathless,
Gold Canyon,addressed the council.He stated Mr.Shewmake had been called
back to the midwest on an emergency.He was told that Steve Abraham had
everything they needed.He commented it will be a nice looking villa.He
requested their approval.
Mayor Coleman opened the public
hearing on the item.There being no one wishing to speak,he closed the
public hearing and opened the item to council discussion.There being no
discussion,he called for a motion.
Councilmember Insalaco MOVED THAT
RESOLUTION NO.03-18,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING THE FINAL SUBDIVISION PLAT FOR THE
MOUNTAIN VISTA VILLAS,CASE SD -4-03,BY KENNETH SHEWMAKE,ON BEHALF OF SPECTRE
WEST BUILDERS CORPORATION,BE APPROVED.
MOTION.
VOTE:Unanimous.
The motion carried.
OLD BUSINESS
AM-2-03/CITY COUNCIL -INITIATED TEXT
AMENDMENT TO ALLOW HEIGHT LIMIT
EXCEPTIONS FOR CHURCH STEEPLES
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AUGUST 19,2003
PAGE 13 OF 26
Councilmember Dietz SECONDED THE
)Interim Development Services
Director Rudy Esquivias briefed the council on the item.A few churches had
come before the planning and zoning commission and the council that wanted to
have tall steeples.The planning department determined the structures were in
excess of the height requirements normally allowed by zoning requirements.
Those cases were addressed through planned development rezoning processes.
This church steeple issue is also related to a national piece of legislation
called the "Religious Land Use and Institutionalized Persons Act of 2000".I t
states a government shall not impose a land use regulation which poses a
substantial burden on the religious exercise of a person or institution unless
said regulation is in furtherance of a compelling government interest.The
only compelling interest staff has been able to identify is protecting public
health and safety.Churches are required to go through the building permit
process,so there does not appear to be any compelling interest for not
approving these additions to churches.Council requested research to see i f
something could be done so that the churches would not have to go through the
rezoning process.Staff is proposing an amendment to Section 6.0105 of the
zoning ordinance.There already is a height limit exception for churches
which gives them a height limit of 40 feet,depending on the setbacks.The
two churches wanted 60'and 69'respectively,forcing the zoning issue.Staff
is proposing adding one sentence to Section 6.0105 which states steeples,
spires,bell towers and other similar vertical architectural elements attached
to church buildings shall not be subject to height restrictions but shall be
subject to building safety permits and inspections.This will not require
churches to go through the rezoning process for these architectural elements.
He added staff will be back in a couple of weeks with the ordinance.
Councilmember Dietz asked if they
would be allowed to put a 200'steeple on a church.'
•Interim DevelOpment Services
Director Rudy Esquivias stated they could :as .16ng::a's..it was safely
constructed.
Councilmember Waldron stated that is
also his concern.I t is almost open-ended,and that bothers him.
Councilmember Milkey commented a
200'steeple would have to have an area free of pedestrians,residents,and
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AUGUST 19,2003
PAGE 14 OF 26
anything around it so that,it could fall and not harm another.building or
structure.
Interim Development Services
Director Rudy Esquivias stated he does not think they could deny_ a 200'
steeple if there was less than 200'_ of clearance around i t and it met
constructiOn and safety codes,was properly engineered,inspected and found to _
be aisafeistructure.
CounciTmember Sippel commented i t
sounds like they need to:put somesort ,of height limit in it.
Vice Mayor Eckicommented i t is
federal legislation.He asked Rudy to explain i t further:
Interim Development Services
Director ROdy Esquivias Stated it is a federal act that has: been subject to a
lot of Challenges_Definitions lacking MT:the legislation area "substantial T
burden"and a "compelling government, interest".There are arguments for and.
against,with challenges addressing the issue- of public health and safety.I t
basically says 'a single person can be treated as.a religion or an established:
religion,inclusive of all of their buildings and properties.I t is arropen-
ended .act.He:has not seen anyone proposing to abuse this act in the city or
do something out of characterfor ,the community.
..-Vice Mayor Eck commented they were
just trying to:simplify the process. :He asked when the act became effective.
.,Interim Development Services
Director Rudy Esquivias Stated it became effective in 2000.
Vice Mayor Eck commented they have
had two churches come before -them,and unless they seemed.unsafe,they coulcL
put: the steeples up regardless.
Interim Development Services.
Director Rudy ESquivias stated that is correct.
Vice Mayor Eck commented there is no
reason to come in front of the council when staff can make the decision.
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AUGUST 19,2003
PAGE 15 OF 26
Interim Development Services
Director Rudy Esquivias commented they thought of aommunity character issues
they could address through this or height limits and those issues did not seem
to represent a compelling government interest to deny the church steeples.
should be a maximum height limit.
Vice Mayor Eck commented there
Councilmember Dietz agreed.
Mayor Coleman commented he saw a
spiral that was more like a roof than a steeple in Independence,Missouri.I t
is 200'high and they have a light on the top for aircraft.
Vice Mayor Eck asked if it looked
good.
Mayor Coleman stated i t looked
weird.
Interim Development Services
Director Rudy Esquivias commented the question did come up with the commission
about some of these taller structures being required to have warning lights on
top.He talked to the Federal Aviation Administration and there is no set of
criteria for determining when you have to put a light on top of a tall
structure.Generally,anything over 200'tall,but i t also depends on how
close the structure is to other aviation facilities.
Vice Mayor Eck asked how tall the
tower is on the city compound.
Interim Development Services
Director Rudy Esquivias stated i t is 80'tall.
Councilmember Insalaco commented
there is a 650'cross on Interstate 20 in Texas.He thinks they are carrying
this too far.Earnhardt already has an 80'sign;a 100'steeple does not
bother him.I t is possible for someone to do it,but he questioned where they
would draw the line.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 16 OF 26
Mayor Coleman asked if this would
change the problem in the past.
Interim Development Services
Director Rudy Esquivias stated it would.The churches would no longer need to
go through a zoning process to erect these steeples.The height issue would
no longer be an issue.
Councilmember Milkey asked if they
would have to go through the process of getting a permit and having
inspections.
Director Rudy Esquivias stated they would.
Interim Development Services
Mayor Coleman closed the item with
no further discussion.
NEW BUSINESS
None.
COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS
None.
COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS
PROPOSED ORDINANCE NO.1158,AMENDING THE
APACHE JUNCTION CITY CODE,CHAPTER 10,
OFFENSES,REGULATING THE USE OF MOTORIZED
SKATEBOARDS
)Councilmember Insalaco commented
he would like staff to come up with an ordinance to control motorized
skateboards.He would not like for them to have backpacks full of gas,and he
thinks that those under 18 should have to wear a helmet.He would like to
limit them from streets or sidewalks with more than a 30 miles per hour speed
limit.They have had some incidents happen and the officers have not been
able -to cite them as i t is currently not against the law for them to go 50
miles per hour down Apache Trail with gas tanks on their backs.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 17 OF 26
Councilmember Milkey commented their
previous discussion on this issue brought forth a comment from Sergeant Virgil
that they would not be going out with a trailer and van and collect small
children that are riding these motorized scooters.However,this would give
the police the opportunity to educate these operators when the encounter them.
If the education is not taken to heart,it gives the police some recourse.
There is currently enough legislation that is difficult to enforce,and he
would want to stay with the 30 miles per hour speed limit on this.His only
concern with this is that every road that is adjacent to any school is at 35
miles per hour.He could accept the prohibition of gas tanks on the kids'
backs and requiring helmets,but he does not want to limit the kids if they
use this as transportation to and from school.
Vice Mayor Eck commented he agreed
with Councilmember Milkey.He believes they need something for those
situations and that i t should be used in a sensitive manner if they are
crossing those 35 miles per hour roads.They could be allowed to cross the
roads in order to have access to the community.He added that a lot of the
roads that are at 35 miles per hour may be higher after the traffic study;he
questioned whether they change the speed limit for them to let them get around
in those areas.He does not think they need to be stopped,but there should
be some type of mechanism wherein an officer can pull someone over that is
doing something dangerous and encourage them not to.
Councilmember Milkey asked if an
officer could pull over a motorized skatebbard operator seen acting in a
manner that was not safe for them or ,anyone they might come into contact with
and educate them,even without the proposed ordinance in place.
Depaftment of Public Safety Director
Robert Warner stated the officer needs probable cause of a violation in order
to stop someone.However,these things lend themselves to some curbside
conversations and the officers will and have done that in the past.The
problem is that without a law prohibiting the action,they are simply giving
advice.Frequently the young people may not be interested in the advice or
they may not pass it on to their parents.They can talk to them,but they
cannot stop them because they need probable cause that there is some violation
of the law to do that.In regards to the roadways,a person could navigate on
a 30 miles per hour road until they got up to the school and then simply walk
the scooter across that particular roadway.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 18 OF 26
.Councilmember Milkey commented
during school hours that becomes a 25 miles per hour school zone.
Department of Public Safety Director
Robert Warner stated they could still walk the scooter perpendicular across
the road and get to school.They could literally get right up to the school
but not across the street or along the street,such as Southern or Ironwood.
Councilmember Waldron commented he
is concerned that Idaho Road is 35 miles per hour and that would put pretty
heavy traffic on the road if the speed limit for them was made 35 miles per
hour or less.We have control over Ironwood,we do not have control over
Idaho.
City Attorney Joel Stern commented a
school zone is actually 15 miles per hour.
Department of Public Safety Director
Robert Warner stated there are two different levels..It is 25 miles per hour
but where the crosswalk is i t is 15 miles per hour.
Public Works Director Doug Dobson
stated i t is enforceable 25 miles per hour from 7:30 a.m.to 4:00 p.m.
There was general discussion as to
the school zone speed limits around various schools.
Mayor Coleman. commented he sees _a
lot of good safety features to the ordinance that was drafted.I t is a
question of where they will be allowed and the speed limit that will regulate
them.
Councilmember Sippel stated he
believed 30 miles per hour would be a good limit.
Vice Mayor Eck commented he believes
the ordinance is necessary.His concern is the enforcement of i t and he .hopes
they are doing this for those -serious situations.He does not know if the
officers will have enough time to watch for the scooters,and there are
electric ones out there now.He believes the 30 miles per hour speed limit
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 19 OF 26
would be:morecommon for their residential areas:He believes that Section
10-7-3 would need to be changed,in the motion.
Councilmember Milkey commented the
police department brought this to us,perhaps last year.I t has been in limbo
for that long and that tells hiuthat there :has not been a drastic nuisance of
motorized skateboarders out there.This was,prompted by Councilmember
Insalaco:from his experience with a motorized skateboarder on Apache Trail.
He would like to limit thermon the Trail.He believes : 35 miles per hour would
be fair and reasonable and allow them to move about the city.
Councilmember Insalaco stated it Was,
also brought to his attention by residents that had contacted the police
department and the officer telling them that there is no lawiri place to
control them.That is what prompted him to bring it to the council.
Vice Mayor Eck asked what would
happen-if they .did 35 miles per hour on this.He asked if it would defeat the
purpose as they would then be allowed on Idaho and Ironwood.
Department of Public Safety Director
Robert Warnerstated the road that delineates the: difference:between 30 and.35
miles per hour is.Goldfield In:the:morning, the school buses andivehicular .
traffic are dropping off .studentS at Thunder Mountain:! to imagineAhose :
scooters driving: down that road at that time is absolutely scary.
seescooters:on Goldfield today.
,Councilmember:Milkey asked: ifAhey
'-Department of Public Safety Director
Robert Warner stated there are sOmE.:They ;see:thepOularity of the,devices
increasing,and they can expect mdre ,of*these in the -future.They areArying
to aver -La serious situation.He thinks if they move ttAp to 35 miles :per i
hour;they will be allowed on everything except Old:West:Highway and Apache:
Trail:.However,there is also movement to push the Trail,down to 35 miles per
hour.I t is a tough decision.,
Mayor ColemarFclosed the discussion !
with no further comments :and called for a,motion.:
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 20 OF 26
Councilmember Insalaco MOVED THAT
THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ORDINANCE NO.1158,
AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES.REGULATING THE
USE OF MOTORIZED SKATEBOARDS:TO BRING IT BACK TO THE COUNCIL,THE USE OF
HELMETS FOR PEOPLE UNDER 18,NO GAS TANKS ON THEIR BACK,AND NOT TO BE USED ON
ROADWAYS MORE THAN 30 MILES PER HOUR.
Councilmember Waldron SECONDED THE
MOTION.
VOTE:6-1 (Councilmember Milkey voted in opposition.)
The motion carried.
RECOMMENDATIONS FROM HEALTH AND HUMAN
SERVICES COMMISSION FOR HUMAN SERVICES
FUNDING FOR FY 2003-04
)Councilmember Waldron,declared a.
conflict of:interest:on the :item and!removed:himself from the council
chambers,
City Clerk Kathleen Connelly briefed
the council on the item:The Health ahdsHuman,SerVices 'Commission met to
discuss sevenapplication&receivedthis year for human services .funding.
They recommended:fiVeVi them be funded and kept in mind the $80,000 funding
The total. funding requestsHexceeded $140:000.The five .agencies
they recommended for funding were:the Apache Junction Reach OutjoocLBank-,
$19,000 total recommended with $15,000 to be used for emergency food and
$4,000 to be used to offset _utility costs :at the Food Bank:the Catholic
_Community of St.George,$10.000 recommended tote .used for.housing,and-
utiTityHassistance.: propane,monthly:and/or mortgage payment:ancrorescriOtjon
medication with the stipulation:that for any housing assistance the: funds go
directly to the: property manager,the mortgage holder,or the lender and that
if it is rental, property,the rental property be licensed to do business in
the -city=andte paying the,city -sales=tax Community Action Human Resources
Agency,$1.0,000: recommended to be used:for evaporative cooler repair,utility
-system repairs,major appliance ,replacement,and install improvements fOr
owner -occupied dwellingsijn.ordertomake -those=,units accessible fir. low.
_income residents with disabilities;Mesa Senior Services,$22,000Ao be used
for -congregate meals and home -delivered meals;and Superstition Mountain
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 21 OF 26
Mental Health Center,$19,000 total,with $4,000 to be used to maintain the
human services network and $15,000 to be used for psychiatric services and
emergency mental health services.These services can only be provided to city
residents,based on their quarterly reports.She contacts them if there are
any expenditures that go outside the city.
Mayor Coleman thanked the members of
the commission for their hard work and fine work on their recommendations.I t
is always hard to trim requests like this down because of the need in the
community.He then closed the discussion as there were no other comments and
called for a motion.
Councilmember Milkey MOVED THAT THE
FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RECOMMENDATIONS FROM THE
HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FY 2003-
04:THAT THE CITY FOLLOW THE RECOMMENDATIONS OUTLINED BY CITY CLERK KATHLEEN
CONNELLY IN HER MEMORANDUM DATED AUGUST 11,2003.
Councilmember Sippel SECONDED THE
MOTION.
VOTE;6-0-1 (Councilmember Waldron abstained due to conflict of interest.)
The motion carried.
SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES
City Clerk Kathleen Connelly briefed
the council on selecting a date,time,and location for a special work session
for an orientation session with the League of Cities and Towns,.She stated .
Cathy Connolly from the League would be willing to come out and speak with the
council to do a refresher course on a variety of issues.Ms.Connolly offered
three dates she was available:Monday,September 8';Tuesday,September 9;or
Tuesday,October 14.These are informally done at the conference center,they
could order a pizza and spend a couple of hours discussing these.issues.
There was general discussion by the
council on the dates and times they would be available.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 22 OF 26
Councilmember Dietz MOVED THAT THE
SPECIAL WORK SESSION FOR AN ORIENTATION SESSION WITH THE LEAGUE OF CITIES AND
TOWNS BE HELD ON THE FOLLOWING DATE,TIME AND LOCATION:AND THAT WOULD BE
SEPTEMBER 9 AT 6:00 P.M.IN THE CITY CONFERENCE ROOM.
Vice Mayor Eck SECONDED THE MOTION.
VOTE:Unanimous.
The motion carried.
City Manager George Hoffman briefed
the council on selecting a date,time and location for a council strategic
planning meeting.He has spoken with Lance Decker to facilitate the event and
provide a follow up report.He is available on October 18,October 25,
November 1,November 8,and November 15.These are all Saturdays.October 18
is the "Getting Arizona Involved in the Neighborhoods Event"and staff will be
making a big push to support that event.He is requesting they do not
schedule October 18 for this meeting.
•There was general discussion by the
council on the dates and times they would be available.
Councilmember Dietz MOVED THAT THE
COUNCIL STRATEGIC PLANNING MEETING BE HELD ON NOVEMBER 1,WHICH IS A SATURDAY,
AT 8:00 A.M.AT A LOCATION TO BE NAMED LATER.
Councilmember Waldron SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
Councilmember Dietz announced that
there is no work session on Monday,September 1 in observance of the Labor Day
holiday.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK
SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 2,2003,IN THE CITY
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 23 OF 26
Councilmember Insalaco SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
INFORMATION AND REPORTS
Mayor Coleman announced that the League Conference is next week,with the
Festival of Cities being held:onWednesday night.The city and all the other
municipalities in the state will each have afbooth and i t is very informative.
I t is interesting to see how.other cities try to market themselves.
Councilmember Dietz stated they had the Bowl-A-Thon for the Boys and Girls
Club on Saturday and they had a great turnout.It was a lot of fun.
_Vice Mayor Eck announced the 5th Annual Chronic Fatigue Syndrome Fundraiser
Golf Tournament on September 20 at Apache Creek,Golf Course.If anyone is
interested,they can contact him for information.
ADJOURNMENT
)Mayor Coleman adjourned the
meeting at 8:28 p.m.
Consent Agenda Items are as follows:
1.Acceptance of Agenda.
2.Acceptance of Minutes of Special Meeting of July 1,2003.
3.Acceptance of Minutes of Special Meeting of July 15,2003.
4.Acceptance of Minutes of Regular Meeting of July 15,2003.
5.Recognition of Outstanding Service to the Community by City Employees:
Parks & Recreation Department & Jamie Sullivan;Taleen Carpenter;Rachel
Encinas;Kathy Connelly;Mary -Joy Zuik;Jay Reynolds;Liz Langenbach;
Heather Wright;Mary March;John Contreras;Martha Romero;Alexis Hall;
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 24 OF 26
Bridgett Belle;Chelsea ConnollY .,-, Jack Kardasz;Jamie Underwood;Michelle
Garrido;and Peter Rios_
6.Consideration and action on City Manager Employment Agreement for FY 2003-
04.
7.Consideration and action on City Attorney Employment Agreement for FY 2003-
04.
8: Ratification of Oak Acres Trust v.City of Apache junction Settlement of
July 29,2003.
9.Consideration of Resolution No..03-20,Certification of Baseline Court
Collections.Fiscal Year 2002-03.
10.Consideration of Resolution No..03-19,Supporting energy conservation
throughout City of Apache Junction.(This resolution will be submitted to
the Arizona Department of Commerce Energy Cffice as part of a.Municipal.
Energy -Management-Program-grantapplication and will strengthen the City's
application.) •
11.Consideration of Economic Development Agreement with Apache Junction
Chamber'Of Commerce for FY 20103A4.
12Consideration of Economic Development Agreement with Apache.JUnction Main
Street program for PC2003-04.
13.Consideration of request to use.City of Glendale'sThid for Barricade Rental
Service for FY 2003-04 in an amount not to exceed $15,000.
14:Consideration of lease agreement:with Pinnacle Towers-,Inc.for Apache
Junction Police DepartMent to install radio equipment and radio parts at
the site known as Jensen Hill in Mesa; Arizona:
15.Consideration of request toipurchaseBroom Bear Street Sweeper from ,Norwood
Equipment using theState of Arizona Purchasing Contract #T0118A0051 at A
price not to exceed $161,013:35:.
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 25 OF 26
16.Consideration of change order in the amount of $9,780 with Stantec
Consulting Inc.for design of Superstition Boulevard Project #PW 98-17 from
Meridian Drive to Ironwood Drive.
ACCEPTED THIS 2ND DAY OF SEPTEMBER ,2003,BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 2ND DAY OF SEPTEMBER 2003.
ATTEST:
KATHLEEN CONNELLY
City Clerk
Mayor
CITY COUNCIL MINUTES
CERTIFICATION
I hereby cert-ify,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 19th day of August 2003.F ,further certify
that the meeting wasHduly called and:held'and that a quorum was:present.
Dated this 26th -day of August, '2003,
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 19,2003
PAGE 26 OF 26