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HomeMy WebLinkAbout2003-01-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 7,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 7,2003,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 7:10 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern 'Public Safety Director Robert Warner ,City Engineer Ron Grittman Parks &.Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 1 OF 14 Interim Development Svcs.Dir.Rudy Esquivias Interim Assistant City Manager/Assistant to the City Manager Bryant Powell Others Present: ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:COMMUNITY RELATIONS MANAGER PATRICK BRENNER FOR SENDING CITY INFORMATION TO BUSINESS RESULTS LLC: AND COMMUNITY RELATIONS MANAGER PATRICK BRENNER AND LIBRARY MANAGER SPENCER PADEN FOR THEIR COMPLETION OF THE MANAGEMENT IN THE PUBLIC ORGANIZATION COURSE OF THE CERTIFIED PUBLIC MANAGER PROGRAM:-AND THAT A VACANCY BE DECLARED ON THE LIBRARY BOARD DUE TO THE NONATTENDANCE OF PAMELA STOELK IN ORDER FOR ANOTHER CANDIDATE TO BE SELECTED FOR THE POSITION: AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BRECKENRIDGE GROUP.INC.TO PROVIDE ARCHITECT AND ENGINEERING SERVICES FOR THE MULTIGENERATIONAL RECREATION CENTER IN AN AMOUNT NOT TO EXCEED $255,381.00:AND THAT THE MAYOR BE GIVEN AUTHORIZATION TO SIGN THE AGREEMENT:AND THAT THE AUGUST 8,2002,PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CAN -AM ENGINEERING TO PERFORM PROFESSIONAL SURVEY SERVICES IN THE CROSSROADS REDEVELOPMENT AREA IN AN AMOUNT'NO TO EXCEED $36.000.00 BE RATIFIED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 2 OF 14 CALL TO THE PUBLIC Pinal County Supervisor Sandie Smith presented the council with calendars of the winners in the contest from the anti -drug program at the schools sponsored by the county attorney. CITY MANAGER'S REPORT City Manager George Hoffman commented the Southwestern Foundation for Education and Historical Preservation recently awarded a $10,000 grant to the Friends of the Library and our library staff worked on that.The grant will be used to digitize the oldest part of Tom Kollenborn's collection of historical documents on the Superstition Mountain region,which includes history going back to 1859 on this community,the Superstition Wilderness Area,the Apache Trail and Roosevelt Dam,along with other nearby towns and cities.He thanked staff and the Friends of the Library for their work on it. He stated Mayor Coleman and others will be working with Arizona Clean and Beautiful on Saturday,January 11,at the high school for a litter clean up and data research project.Last year the police department had a Citizen Police Academy at Roadhaven and they are doing it again this year on January 15.He added Animal Control had received a $3,800 check from Wal-Mart earlier;they have now received an additional $650 from Wal-Mart and a donation from the citizens in the Superstition Mountain RV Park in the amount of $1,000.These contributions will allow a veterinary room to be outfitted at the Animal Control facility;animals can be treated,spayed and neutered on site. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 12 LIQUOR LICENSE FOR LOS GRINGOS LOCOS )City Clerk Kathleen Connelly briefed the council on the item.She commented this license application was seen earlier last fall and the restaurant has since changed owners.There have been no objections filed by any of the reviewing departments and the applicant has been notified of the meeting.. -Mrs.Debra Nine,one of the partners in the restaurant,addressed the council.This license was earlier approved REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 3 OF 14 for Los Cabos and they have purchased the restaurant and renamed it.She requested approval of the license. Ms.Amy Nations,agent on the liquor license,commented she would be handling the administrative functions of the liquor license. 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.There being no discussion,he called for a motion.• Councilmember Dietz MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT.NEW LICENSE,CORPORATION,SERIES 12. LIQUOR LICENSE FOR LOS GRINGOS LOCOS,SUBMITTED BY AMY NATIONS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR JANUARY 18,2003/ APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR FEBRUARY 22,2003) )City Clerk Kathleen Connelly briefed the council on the item.She commented they have had several applications in the past and they do not invite vendors to participate in their events.There have been no objections by the reviewing departments and the applicant has been notified of the meeting. Ms.Linda Stewart addressed the council.She stated the event on the 18th celebrates two years.It will be brief,from 12 to 6,with outside entertainment from 2 to 6.They will again mark if off with bales of hay and have 6 or 7 security personnel walking REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 4 OF 14 around.She is an event sponsor for Lost Dutchman Days for the one on the 22nd.The parade goes down in front of her bar so she is trying to have some entertainment there from when the parade stops to when the rodeo starts,with entertainment commencing again after the rodeo is over until 7 p.m.They will put up a fence for the Lost Dutchman Days event for better control and supervision. Vice Mayor Surra commented Linda has always taken into account what is in the best interest of the community as far as safety and security issues for underage minors.She is pleased that she had not seemed to have any problems. Councilmember Eck commented he stopped by last year and noticed they used bales of hay,but they had security about every 15 feet.He thought that was great. Mayor Coleman opened the public hearing on both items.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 Durbala MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR JANUARY 18,2003,SUBMITTED BY LINDA RAE STEWART,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT THE APPLICATION FOR A TEMPROARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR FEBRUARY 22,2003,SUBMITTED BY LINDA RAE STEWART,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 5 OF 14 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS . None. NEW BUSINESS PROPOSED RESOLUTION NO.03-01,SD -2-02, REQUEST BY KEN SHEWMAKE OF SPECTRE WEST BUILDERS CORPORATION TO AMEND THE FINAL SUBDIVISION PLAT FOR PHASES 5 AND 6 OF INDIAN SUMMER CONDOMINIUMS )Assistant Planner Steve Abraham briefed the council on the item.This was originally approved back in 1983. The applicant is proposing to switch out several parking areas at the northeast corner with a pool and spa,add a gate at the access garage,a new driveway off of Delaware Drive,and deleting seven units previously approved. He would also like to rename these phases Mountain Vista Villas.He will be separating this community from the northern community so that he can make i t all ages.Indian Summer is an age restricted community.He described the units briefly.I t is in substantial compliance with the previously approved planned development.Most of the changes he is requesting involve shifting the buildings 2'to 3',adding and deleting some parking areas,and some minor setback changes.The number of units were reduced in order to add a substantial recreation facility.Staff recommends approval with stipulations that it be renamed Mountain Vista Villas,the access gate be used for emergency purposes,and that the buildings be shifted based on what has been submitted to the city. Councilmember Dietz asked what they would be doing with the landscaping. Assistant Planner Steve Abraham stated the original plat was adopted before the adoption of Ordinance No.940. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 6 OF 14 The proposed landscaping for the frontage along Delaware will be compliant with the current landscaping and screening codes.It will be southwestern style landscaping. Councilmember"Eck asked if this would be isolated from Indian Summer. Assistant Planner Steve Abraham stated it will be entirely separate from Indian Summer. Councilmember Eck commented he wanted to make sure because they get a lot of letters when they bring in the all ages to an age restricted area.He asked if the construction would be similar to Indian Summer. Assistant Planner Steve Abraham stated the elevations were in the packet. Councilmember Eck commented Indian Summer is one of the nicest complexes in the community.He asked if the Mountain Vista Villas would be individually owned,also. Assistant Planner Steve Abraham stated they will be. Councilmember Eck asked if they will have an homeowners association to maintain the area. Assistant Planner Steve Abraham stated they will.They have a copy of the CC&R's in the office.They will maintain the pool,open space,parking areas and the landscaping on the streets. Mayor Coleman closed the item with no further discussion.It was not necessary to take action on this item at this time. INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 7 OF 14 PAVING OF SMOKETREE STREET BETWEEN MERIDIAN DRIVE AND DELAWARE DRIVE ALONG WITH WARNER DRIVE BETWEEN LOST DUTCHMAN BOULEVARD AND TEPEE STREET )City Engineer Ron Grittman briefed the council on the item.The original project was to pave Mountain View Road from north of its current pavement end to Highway 88.However, ownership of the right-of-way was in question so the Department of Transportation would not award the contract.The project and scope was redesigned to pave the streets as outlined.They were picked because the city is trying to cover the same amount of dirt roads with pavement.As these are air quality funds,they have to be used to pave dirt roads.These roads work with development that has recently occurred in the area.They will link and network with those started in the northwest area of the city. Mayor Coleman called for any discussion by the council.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF TRANSPORTATION TO USE FEDERAL AIR QUALITY FUNDS (CMAQ FUNDS)FOR THE PAVING OF SMOKETREE STREET BETWEEN MERIDIAN DRIVE AND DELAWARE DRIVE AND WARNER DRIVE BETWEEN LOST DUTCHMAN BOULEVARD AND TEPEE STREET BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)PHASE 2 )City Engineer Ron Grittman briefed the council on the item.This program was started with the adoption of the original Clean Water Act.Large valley cities were part of phase one; it has now been expanded into phase two which includes cities that are classified as MS4's -municipal stormwater sanitary sewer services.I t is a REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 8 OF 14 federally, unfunded mandate.The review for the permit will be done locally through the Arizona Department of Environmental Quality.The project has many phases involving a five-year implementation program.The permit outlines the steps the city has to take over the next five years in order to stay in compliance.The initial permit will outline six measurable goals;public education and outreach;public involvement and participation;illicit discharge detection and elimination;construction site stormwater runoff control; post -construction stormwater management in new developed and redeveloped areas;and pollution prevention/good housekeeping for municipal operations.These should allow the city to show that they are not allowing any stormwater pollution to enter the system.The $39,200 is only to set up the permit.There are no good estimates on what it will take to implement this from start to finish.Initial estimates on the first year are between $70.000 and $100,000.'There is annual reporting to the Department of Environmental Quality and things need to be set in place in order to measure what is being done to minimize the stormwater pollution. Councilmember Eck asked if they still have to do a Request For Qualifications for this. City Engineer Ron Grittman stated they have already done that through the annual professional services submittals.Fifteen different firms submitted proposals;public works staff rated the firms and AMEC was the top firm.The company was instrumental in writing the initial Clean Water Act regulations going into this.They are the best firm to set up the permit to allow them to be in compliance and be sensitive to the city's economic constraints. Councilmember Eck asked if he would be the one controlling on behalf of the city. City Engineer Ron Grittman stated he is considering turning it over to Jim Lynck,the project engineer.It would be too time-consuming for him to oversee.There is a March 10 deadline for the permit to be turned into Arizona Department of Environmental Quality. They will be pushing that with the contract,but he believes they will be given additional time if they are in the final throes of the permit. Councilmember Eck stated he has a friend at Mesa that does this full time. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 9 OF 14 City Engineer Ron Grittman stated he knows that most cities are considering full time additional staff in order to implement this.However,he is not sure what i t is going to be yet. Vice Mayor Surra asked if other cities use any portion of CDBG grant money to help with the five year implementation of this plan. City Engineer Ron Grittman stated CDBG is for low income development and would not be eligible for this use. Vice Mayor Surra stated she heard the City of Miami was using it for sewer construction.That may have been in a low income area.She suggested some of the storm site problems are in low income areas.She wondered if there was any way to convert it. City Engineer Ron Grittman stated there is a distinction between the two.Those cities are using CDBG funds to construct part of the system in low income area.This is not the construction of the system;i t is the plan and how to implement the plan.The implementation of the plan does not require the construction of anything.I t is having developers submit construction stormwater sedimentation plans on anything over one acre in size;both public and private projects.I t is the implementation of regulations. Vice Mayor Surra asked if developers would be eligible for offsets of development fees if they have to do things on their properties. City Engineer Ron Grittman stated they do not collect development fees for anything associated with storm water. Vice Mayor Surra commented they would still have to comply but would not be given an offset. City Engineer Ron Grittman stated this is a federally unfunded mandate;there is nothing a developer could go out and get.The developers'will start looking for a storm ceptor;i t is a multi -chambered dry well that 'allows the water to flow in and have all the pollutants rise to the top or settle to the bottom with the clean water going REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 10 OF 14 back down into the natural infiltration.Dry wells work marginally at best due to maintenance.The city will have to adopt a formal review for an inspection process whereby all of these storm ceptors are annually inspected in order to insure they are being maintained properly. Vice Mayor Surra commented that makes her better understand the impact this will make on staffing. Councilmember Durbala asked if this would include the retention basins on different properties. would. would be monitoring that. they would be monitoring i t annually. City Engineer Ron Grittman stated i t Councilmember Durbala asked how they City Engineer Ron Grittman stated Councilmember Durbala asked who would be liable for that if it is on private property. City Engineer Ron Grittman stated the city is responsible for maintaining it.The city has to demonstrate to the state that is it takinTactive .measurements. Councilmember Durbala commented i t is another unfunded mandate making another additional cost to the city. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND AMEC EARTH AND ENVIRONMENTAL IN THE AMOUNT OF $39.200 FOR THE PREPARATION OF THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)PHASE 2 AND INDUSTRIAL WASTE PERMIT TO BE SUBMITTED TO THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY;AND THAT AUTHORIZATION BE GIVEN FOR THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 11 OF 14 MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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 A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 21,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman stated the Lost Dutchman Marathon will be held January 19.I t is growing and they have already more than doubled the entries for last year. They are expecting around 1,500 entrants. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 12 OF 14 )Mayor Coleman 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 December 17,2002. 3.Recognition of Outstanding Service to the Community by City Employees: Patrick Brenner:Spencer Paden. 4.Approval of request to declare vacancy on the Library Board. 5.Approval of Professional Services Agreement with Breckenridge Group,Inc. to provide architectural and enOneering services for the Multigenerational Recreation Center in an amount not to exceed $255.381. 6.Ratification of Professional Services Agreement.with CAN -AM Engineering previously executed in August 2002 for survey of Crossroads Redevelopment area in an amount not to exceed $36,000. ACCEPTED THIS 21ST DAY OF JANUARY ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21sT ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 13 OF 14 DAY OF JANUARY ,2003. DOUGLAS COLLMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 7th day of January,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of January,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7,2003 PAGE 14 OF 14