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HomeMy WebLinkAbout2003-03-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 4,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 4,2003,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Urich led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor &Arra Councilmember Durbala Councilmember Milkey Councilmember Urich Staff Present: (Councilmembers Dietz and Eck were absent.) City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director.Doug.Dobson Interim Development Svcs.Dir.Rudy Esquivias Interim Assistant City Manager/Assistant to the .city Manager Bryant Powell REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 1 OF 13 Others Present:Grants Specialist Roger Hacker CDBG Admin.Assistant Melinda Larson Associate Planner Steve Abraham Human Resources Director Sue Stalcup Project Engineer Jim Lynck 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 EMPLOYEE:COMMUNITY RELATIONS MANAGER PATRICK BRENNER WHOSE PRESENTATION IN THE GUEST SPEAKER'S SPOT AT THE APACHE JUNCTION MEETING OF THE SOROPTIMIST INTERNATIONAL WAS COMMENDED BY THEIR PROGRAM CHAIR. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Salt River Project President Bill Schrader thanked the •City of Apache Junction for its valued partnership over theyea'r's.—.He'coMMented the Apache Trail was created in 1905 as a route. from Ph(Yenix to Globejor the construction site of.•. Roosevelt Dam.He presented a resolution to the 'mayor honoring 100 years of service by Salt River Project.. Mayor Coleman read a proclamation resolving the state land south of Apache Junction in Pinal County be reserved for future growth of Apache Junction and that the City of Mesa remain in Maricopa County and presented it to Pinal County Supervisor Sandie Smith,who commented she would present it to other cities and towns in Pinal County and to other organizations that would like to adopt the proclamation.She added the Central Arizona Association of Governments is charged with planning the area for Pinal and Gila Counties:i t is not in Maricopa County or Maricopa Association of Governments planning area.They are impacted and their input is needed,but the direction of this planning should be reserved for the Central Arizona Association of Governments,Pinal County and the City of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 2 OF 13 CALL TO THE PUBLIC Mr.J.D.Austin,571 W.Roundup,Apache Junction,addressed the council regarding the occupation of a motor home or other temporary dwelling during the construction of a manufactured home.He urged council to proceed with the issue. Mr.Jeff Parker,10839 E.Apache Trail #113.Apache Junction,addressed the council regarding a new Excalibur Charter School they are building at San Marcos and 12th Avenue.They hope to be moving in shortly and service 400 to 450 kindergarten through eighth graders.The school name will be Avalon Academy. CITY MANAGER'S REPORT City Manager George Hoffman stated he contacted the principle with the hospital project for a status report.They are working on some internal business issues and he gave the impression he is committed to the project and has a positive vision for making i t happen in the community.He advised him they would work hard and aggressively to make the project a reality when he was ready to provide it to the city.He commented the most recent report from the finance director shows that at this point in the budget year the revenues are exceeding the expenditures by $1.2 million.That compares with $457.000 at the same point last year and $362.000 for the year before.He thanked Bryant,Keith and all the department directors for their hard work in the last year.This organization will be fiscally prepared in the event the state balances their budget on our backs.He added the governor has recently appointed Parks and Recreation Director Jeff Bell to the Arizona Outdoor Recreation Coordinating Committee which serves in an advisory capacity to the State Parks Board.This committee will review state-wide outdoor recreation and lake improvement plans.review budget proposals for the use of land and water conservation fund,surcharges,and state lake improvement funds for planning and administration.I t is a significant post. PUBLIC HEARINGS PROPOSED RESOLUTION NO.03-04: AUTHORIZING THE SUBMISSION OF FISCAL YEARS 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATION TO THE REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 3 OF 13 CENTRAL ASSOCIATION OF GOVERNMENTS AND ARIZONA DEPARTMENT OF HOUSING )CDBG -Administrative Assistant Melinda Larson briefed the council on the item.She commented the council directed staff at the January 21,2003.council meeting to prepare a resolution authorizing the use of Fiscal Year 2003-2004 for the purchase of equipment for the senior center in the amount of $117,858,support for the city's housing rehabilitation program in the amount of $120,000,and reimbursement of CDBG grant administration costs in the amount of $49,600. Staff requests the adoption of the resolution authorizing the application to be submitted. Mayor Coleman opened the public hearing on the item. Mr.Cliff Axt,10322 E.Breathless Drive,Gold Canyon,chairman of the Pinal/Gila Council for Seniors,addressed the council.He thanked the council for the overwhelming support given to the senior population and wished he could say that for some of the other cities. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.03-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 2003 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE COMMUNITY'S IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION,BE APPROVED;AND I FURTHER MOVE THAT STAFF BE DIRECTED TO PREPARE THE APPROPRIATE APPLICATION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 4 OF 13 PROPOSED ORDINANCE NO.1173.CASE PZ-10 -02,A MAJOR PLANNED DEVELOPMENT AMENDMENT REQUEST BY NO BULL LLC, REPRESENTED BY JOHN MAHONEY )Associate Planner Steve Abraham briefed the council on the item.He commented that No Bull LLC is also known as Earnhardt Group and they wish to complete phase 2 of a three phase project located at the southwest corner of US 60 and Tomahawk.He described the surrounding area.They are requesting approval of a development plan featuring a 16,154 sq.ft.parts and sales facility and a 2,000 sq.ft.car wash and detail building located about 570'west of the intersection of Auto Center Drive and Tomahawk.It will be adjacent to the west of the current Superstition Ford dealership.This proposal features two buildings with potential buyers entering from the south.The buildings are of southwestern architecture with stucco that has the appearance of wood.Planning and zoning voiced several concerns at their meeting:the installation of a 5'landscape strip on the eastern side:the continuation of a block wall along the northeast corner;making sure the landscape frontage along Auto Center Drive lines up with what is currently proposed;and that the buildings be redesigned to show a more southwestern flair.The applicants have responded with the latest concept.They also addressed the commission's concerns,including adding a canopy over the car wash.He commented on staff's stipulations.The site is compliant in terms of building heights and setbacks.'All the trees will be 24"box in size.Phase 3 will also go through a similar process as this one. Mayor Coleman requested the applicant address the council. Mr.John Mahoney,1819 W.Drake Drive,Suite 101,Tempe,addressed the council.They think this has been a positive experience for them and they believe they have addressed all the concerns brought before them.They believe they have a first class project that will be an enhancement to the community.He complimented Steve on his briefing and summarization. Vice Mayor Surra asked if he or Mr. Waters would address the orientation of the car wash in detail;how it will be masked from the usual view so that people from the roadway will see something nice. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 5 OF 13 Mr.John Mahoney stated they have a site with two front doors that back up to the freeway,but i t in effect becomes a front door for the community.The detailing base originally faced southward.The car wash and hand wash areas were open on the east and west with a solid wall on the north side.They have worked with staff and are now recalling the theme on the front of the main sales building which is a covered display area.They will be using the same colors,textures,materials and shapes to create a vehicle display pad that mirrors the front of the project on the back of the project to mitigate anything unsightly. 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 thought it was a nice project and clarified that the car wash is not open to the public.He closed the discussion with no further comments and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1173 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1173,AS READ BY THE CITY CLERK.BE APPROVED AND ADOPTED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 6 OF 13 OLD BUSINESS ADOPTION OF THE NOTICE OF INTENT FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER (NPDES)PHASE I I COMPLIANCE PERMIT )Public Works Director Doug Dobson briefed the council on the item.This is federally mandated.It was presented to the council two weeks ago and they have since drafted a policy for adoption.Staff and council have reviewed the draft and the policy has been finalized. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT APPROVAL BE GIVEN FOR THE NOTICE OF INTENT FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE I I PERMIT AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE NOTICE SINCE WE ARE MANDATED BY FEDERAL LAW. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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 CITY POLICY ON PAY AND BENEFITS FOR CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY ) REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 7 OF 13 )City Clerk Kathleen Connelly briefed the council on the item.This item was discussed at last night's work session.She was asked to draft a recommendation regarding this type of military pay.She worked with Bryant Powell,Joel Stern,Sue Stalcup and Jackie Trevino to formulate the memo in the packet dated February 4,2003. She was asked to determine the policy of other municipalities regarding whether a full pay check was being provided to their employees while they are receiving full military pay.She assigned the research to Brenda Cherryholmes and she contacted most of the cities but did not always receive a response. She complimented her for her work on the research,memo and spreadsheet. Information was received from Chandler,Gilbert,Mesa,Peoria,Phoenix, Scottsdale and Tempe.None of the cities give full salary in addition to military pay.Possibilities on the city policy were discussed last night, including in those instances where the level of military pay is less than the current level of city pay,that the city continue to pay the difference so that the employee is held harmless and made whole.If applicable,the city would continue to pay the same portion of dependent coverage as it does now. The employee would also continue to pay the same portion of dependent coverage as is currently done.During active duty,the employee's health benefits will be provided by the military.In those instances where the military pay is equal to or greater than the employee's level of city pay,that individual will not be entitled to any additional compensation.While on active military duty,the employee will be eligible for across the board pay adjustments such as cost of living and base wage adjustments.They would be entitled to merit increases when they return to their city jobs.Last night discussions were held involving supplemental pay being adjusted based on the amount the city has to pay to the state retirement system on behalf of that employee.The employee would not be required to reimburse the city for the supplemental pay even if that individual chose not to return to the job.The employee would not be required to use their accrued comp time or vacation time before receiving the supplemental pay.A draft administrative procedures policy was given to the council last night.It references setting a one year time limit on this,but when comparing it to other cities,it was found it would be more restrictive than what other cities do.Many others do it for no less than a 24 month period.Phoenix and Scottsdale provide for their employees for an indefinite period of time.She is concerned about the one year limit and then requiring reapplication every so many months because the individual will most likely be stationed overseas.She does not believe they should be contributing to their worries.Council may wish to adjust that. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 8 OF 13 Human Resources Director Sue Stalcup commented that Councilmember Durbala had asked her about disability and she did some research on that today.She was not able to get anyone from the retirement systems to return a phone call.They researched the information they already had on the systems.The Public Safety Retirement System talks about a lot of different types of disabilities and i t sounds like they would be entitled to apply if they were disabled while on active military service. That benefit would be coordinated with whatever military disability they were entitled to,but she could not get an answer as to how that would be coordinated.The Arizona Retirement System does not cover disabilities obtained during war whether declared or not;the employees in this system would only be covered by a military disability benefit. Councilmember Durbala commented this is way overdue.He thought something was on the books but i t is not as good as it should have been.He feels that anyone that signs up and gets called to active duty should not have to suffer,nor should his family'suffer financially.He believes the family should be able to live in the same accommodations that they are used to.They should not have to lose any income.He believes this should go on indefinitely as long as the employee is on active duty or called to active duty for that.He is also concerned that an employee should accrue vacation and sick leave while he is on active duty, and that he does not believe that combat pay and separation pay should be included in the normal salary as that is tax-free and is based on the location of the employee.He does not think that should be computed into the pay subtracted from the amount he is receiving from the military.He agrees with the insurance coverage.He would also like to see a position guaranteed if at all possible to any employee that comes back with a disability such as loss of sight or limb.He does not believe they should have to pay i t back if they decide not to come back.He would like to go with something similar to Chandler.He does not think benefits should be used for the supplemental pay. Under state statute,the employee has 30 days every two years if they get called up for the National Guard or reserves;that covers their meetings and training times usually.He believes once he is called up,he should automatically go on that.He believes they should do this. Vice Mayor Surra asked if he was in favor of continuing the arrangement if military service goes beyond 24 months, as Chandler only goes up to 24 months. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 9 OF 13 Councilmember Durbala commented he is in favor of everything else except that.It should be indefinite.These individuals do not plan on going to war when they sign up and we should be doing everything possible to maintain things so they do not have to worry about the families'income.A good portion of the military is already under food stamps and other federal programs because Congress does not appropriate enough wages for them. Vice Mayor Surra asked if they need to include those things not present in the memo of February 4 in the motion. City Clerk Kathleen Connelly stated they should if they want to include them. Vice Mayor Surra stated they would have to mention not using the compensation or the vacation. City Clerk Kathleen Connelly stated they would if they wanted them included. Councilmember Durbala commented they already have one individual on active duty.He would like to see this retroactive back to the date he went on active duty. City Clerk Kathleen Connelly stated that is their intention. Councilmember Durbala commented they only have about five people this would affect;four police officers and one from parks and recreation. Councilmember Urich requested Brenda Cherryholmes be complimented for her excellent work. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTIONS REGARDING CITY POLICY ON PAY AND BENEFITS FOR CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY:THAT WE CERTAINLY INCLUDE ALL REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 10 OF 13 OF THOSE ITEMS IN THE FEBRUARY 4 MEMORANDUM TO MR.HOFFMAN FROM OUR CITY CLERK REGARDING MILITARY PAY AND WE INCORPORATE IN ADDITION TO THAT THOSE ITEMS THAT WERE DISCUSSED YESTERDAY ABOUT NOT HAVING THE EMPLOYEE HAVE TO USE HIS ACCRUED VACATION OR SICK LEAVE OR COMP TIME OR ANYTHING PRIOR TO IT GOING INTO EFFECT: AND THAT THE INDIVIDUAL WOULD NOT HAVE TO REIMBURSE FOR ANY DOLLARS THAT ARE RECEIVED EVEN IF THEY DO NOT COME BACK TO THE CITY,FOR WHATEVER REASON,TO TAKE THEIR JOB BACK UP WHEN THEY ARE DONE;THAT THE TIME FRAME FOR THE DURATION IS FOR THE ENTIRE TIME OF THE CALL UP:AND THAT THEY STILL ACCRUE VACATION AND SICK LEAVE AND THAT ANYTHING OVER THEIR BASE PAY FOR MILITARY PAY NOT BE INCLUDED IN US MAKING UP THE DIFFERENCE.WE WOULD LIKE TO ALSO HAVE THE RETRO FOR THE INDIVIDUAL WHO HAS ALREADY BEEN CALLED UP. Councilmember Durbala stated he wanted to make sure the insurance for the dependents was included. already in the memo. Vice Mayor Surra commented that is Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 17,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 18,2003, IN THE CITY CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 11 OF 13 The motion carried. INFORMATION AND REPORTS Mayor Coleman announced there was a groundbreaking ceremony for the expansion of the Food Bank.The city is partnering with Pinal County,Apache Junction Reach Out,Inc.and the Department of Housing on the project. Mayor Coleman reminded everyone there is an election on March 11 and he encouraged everyone to exercise their right to vote. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:52 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 18,2003. 3.Recognition of Outstanding Service to the Community by City Employee: Patrick Brenner. ACCEPTED THIS 18TH DAY OF MARCH ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 12 OF 13 MARCH ,2003. DOUGLAS COL/MAN Mayor ATTEST: KATHLEEN CONNELLYKATHLEEN 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 4th day of March,2003.I further certify that the meeting was duly called and held and that 'a ciuorum was present. Dated this 6th day of March,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 4,2003 PAGE 13 OF 13