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HomeMy WebLinkAbout2002-07-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 2,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 2,2002,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 Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Colmeman Vice Mayor Surra Councilmember Dietz Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present: (Councilmember Durbala was absent) Interim City Manager George Hoffman 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 JULY 2,2002 PAGE 1 OF 15 Interim Development Svcs.Dir.Rudy Esquivias Others Present:Assistant to the City Manager Bryant Powell ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2001-2002;AND THAT WE RECOGNIZE THE WONDERFUL WORK DONE IN THIS PAST YEAR BY OUR LIBRARY STAFF AND VOLUNTEERS.A SUPERB CONTRIBUTION TO OUR COMMUNITY;AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICE AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND THREE ATTORNEYS FOR REPRESENTATION OF INDIGENT DEFENDANTS IN APACHE JUNCTION MAGISTRATE COURT AS FOLLOWS:JAN M.BUESCHER FOR $9,600,WILLIAM J.PEARLMAN FOR $9,600,AND SCOTT P.MCALISTER FOR $5,600; AND THAT AUTHORIZATION BE GIVEN TO THE PRESIDING CITY MAGISTRATE TO SIGN THE AGREEMENTS PENDING APPROVAL OF THE CITY ATTORNEY;AND THAT THE AWARD OF BID FOR PROJECT PW 2002-13,RECONSTRUCTION OF PARKING LOT AT SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL,BE AWARDED TO CARSON CONSTRUCTION, INC.IN THE AMOUNT OF $125,631 PLUS 10%IN THE AMOUNT OF $12,563 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $138.194:AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND KIRKHAM MICHAEL CONSULTING ENGINEERS FOR THE DESIGN OF DELAWARE DRIVE BETWEEN BROADWAY AVENUE AND APACHE TRAIL IN THE AMOUNT OF $73,442 PLUS 10%IN THE AMOUNT OF $7,344 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $80,786;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL OF THE CITY ATTORNEY;AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND KIRKHAM MICHAEL CONSULTING ENGINEERS FOR THE SMALL AREA TRANSPORTATION STUDY IN THE "Y"IN THE AMOUNT OF $49,700 PLUS 10%FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $4,970 FOR A TOTAL AMOUNT NOT TO • EXCEED $54,670;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL OF THE CITY ATTORNEY;AND REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 2 OF 15 THAT AUTHORIZATION BE GIVEN TO PURCHASE THE 30'X 30'CORNER CUT-OFF RIGHT-OF- WAY AT THE CASA DEL CAMINO MOBILE HOME PARK AT 1504 WEST SUPERSTITION BOULEVARD IN THE AMOUNT OF $16,150 IN ORDER TO ACCOMMODATE ROADWAY IMPROVEMENTS;AND THAT THE AWARD OF BID FOR PROECT NO.PW 2002-12,TIRES,BE AWARDED TO TIRE WORKS FOR ITEMS 1 AND 19 FOR THE AMOUNT OF $1,192,GCR FOR ITEMS 8,14,AND 21 FOR THE AMOUNT OF $1,97537,PURCELL WESTERN TIRE FOR ITEM 12 FOR AN AMOUNT OF $352.62,AND TO AM PAC FOR ITEMS 2,3,4,5,6,7,9,10,11,13,15, 16,17, 18,20,22,23,24,25,.26 AND 27 IN THE AMOUNT OF $24,137.20 FOR A TOTAL AMOUNT OF $27,657.19;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2002711,PAVING MATERIALS,BE AWARDED . TO MESA MATERIALS IN THE AMOUNT OF $29.95 PER TON FOR ONE-HALF INCH AC,$29.95 PER TON FOR THREE -EIGHTH INCH AC,$29.95 PER TON FOR THREE-QUARTER INCH AC, AND $50.16 PER TON FOR COLD MIX;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2002-10,SAND AND AGGREGATES,BE AWARDED TO UNITED METRO MATERIALS,INC.IN THE AMOUNT OF $7.52 PER TON. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation declaring July as Recreation and Parks Month. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Interim City Manager George Hoffman invited everyone to an open house at the pool on July 4 for safe,water -based fun.The mayor may participate in a REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 3 OF 15 ribbon breaking ceremony,and there will be a swim meet and a volleyball tournament.He asked for everyone to practice fire safety at this time.He read a press release from the City of Tucson regarding fireworks and commented i t is applicable here.He complimented the public works staff for the opening of Broadway Avenue.He added he will be on vacation for a few weeks and Bryant Powell will be acting interim city manager. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LAWRENCE C.GARRETT VFW #7968 )City Clerk Kathleen Connelly briefed the council on the item.They are located at 725 W.Apache Trail. They have made some minor changes warranting this application.Comments have been received by the fire district,police department and zoning. Representatives have been invited to attend. Mayor Coleman requested the applicant address the council. Mr.Marvin Talbot,quartermaster for the post,addressed the council.He was accompanied by his commander.They were requesting approval of the license.They were notified by the state that they were not in compliance and they have been working to get back into compliance. Vice Mayor Surra asked how the parking for the other businesses will be impacted with the expansion of services. Mr.Marvin Talbot stated they are trying to get their customers to park more in the central area.He believes they should get some signs marking the other spaces for the other businesses in order to accomplish this. Vice Mayor Surra asked if there is a spirit of cooperation between everyone. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 4 OF 15 Mr.Marvin Talbot stated he has not heard any bad complaints. 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 further discussion,he called for a motion.. :.Counclimember Dietz MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSOW.OF PREMISES .0N.THE.LIQUOR LICENSE OF LAWRENCE C.GARRETT VFW #7968 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.' Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF OFF-TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT,417 SOUTH WINCHESTER ROAD.THIS REQUEST WOULD BE ON BEHALF OF TURF PARADISE FOR A TERM TO EXPIRE ON MAY 31,2003 )City Clerk Kathleen Connelly briefed the council on the item.State law requires the sponsoring organization to come back on a regular basis to the local governing body to solicit approval of an off-track wagering facility.Comments are included from the fire district,police department and zoning.Zoning gives a cautionary note that the Arizona Joe's facility needs to pay attention to their existing zoning restrictions and consider that when they are conducting external events such as swap meets and vehicle events.The representative has been notified and asked to be present. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 5 OF 15 Mrs.Tina Lovelady,417 S. Winchester,addressed the council.She commented they have had the facility there for many years. Vice Mayor Surra asked if they had heard from the zoning department regarding their cautionary remarks. Mrs.Tina Lovelady stated they had. They had a woman approach them about a four hour event but it was moved elsewhere. Vice Mayor Surra commented she would not want to put her establishment into jeopardy because of another organization.She commented i t is a nicely run establishment and they have never had any violence or alcohol abuse infractions. 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 further discussion,he called for a motion. Vice Mayor Surra MOVED THAT THE REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT,417 S.WINCHESTER,FOR A TERM TO EXPIRE ON MAY 31,2003,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 6 OF 15 COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS RECOMMENDATIONS FROM HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FY 2002-03 )City Clerk Kathleen Connelly briefed the council on the item.Staff is requesting to proceed with the agreements so they can be brought back to the council at final budget. Mayor Coleman opened the item to council discussion. Councilmember Eck commented it was good to see a new applicant and was glad that there is a board to take care of the recommendations. Vice Mayor Surra stated everyone that comes before them has a wonderful activity but they are good about filtering the information and monitoring on whether they comply with the contracts or not.She thinks the recommendations made were in line with the need and the ability to supply the necessary services.She agreed that if the new group cannot comply,the monies should be split between the Food Bank and the Senior Center. Mayor Coleman closed the item with no further comments and called for a motion. Councilmember Urich MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE RECOMMENDATIONS FROM THE HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FY 2002-03:THAT FUNDING BE ALLOCATED IN THE AMOUNT OF $80,000 IN ACCORDANCE WITH THE HEALTH AND HUMAN SERVICES COMMISSION RECOMMENDATIONS STATED IN THE MINUTES OF THEIR MEETING OF MAY 23,2002. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 7 OF 15 VOTE:Unanimous. The motion carried. RESOLUTIONS PROPOSED TO BE SUBMITTED TO LEAGUE OF CITIES AND TOWNS RESOLUTIONS COMMITTEE )City Clerk Kathleen Connelly briefed the council on the item.Council had talked about their interest in submitting resolutions to the League of Cities and Towns Resolutions Committee at the June 17 work session.Council wanted to urge the state to continue to pursue requiring vehicles with 3 or more axles to be restricted to the right hand lanes and urge the state to provide funding when issuing mandates.The first one is still in the study stage so it would be redundant.The second is very popular,so it could be submitted or council could sign on to someone else's. Mayor Coleman stated he would rather submit one,too.They could then be combined. Councilmember Dietz asked i f submitting one on the 3 or more axle vehicles would possibly speed up the study. City Clerk Kathleen Connelly stated they did not seem to think so.She added Councilmember Durbala had contacted her about submitting two more.The first one is eliminating the vehicle tax on municipal -owned vehicles.Currently taxes are not paid on them so i t is unnecessary.The second one is to pursue restrictions on homeowners associations and the manner in which they collect their dues or fees.At the last session the legislature tinkered with it a little bit and they are expected to do so again.However,his focus was the dues and fees collections,and upon checking with several attorneys,including the city attorney,that is a private arrangement between the property owner and the organization.The city has no purview in the area. Vice Mayor Surra suggested they submit something asking the state to continue in its efforts to insure fairness in their regulatory efforts and reasonable practices and actions that benefit the property owners. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 8 OF 15 City Clerk Kathleen Connelly stated they could.He wanted to use the property tax collections as the vehicle for also collecting homeowner fees. Vice Mayor Surra commented those are membership -type dues.She does not believe the state will do that. Councilmember Eck asked what the status is on school development fee legislation. City Attorney Joel Stern stated there has been no active legislation on that recently.It may possibly come next year and George will be talking to the lobbyist for the next session. Interim City Manager George Hoffman stated he has not talked to him yet. There was general discussion on the council about submitting a resolution on it and continuing to pound it. City Clerk Kathleen Connelly commented they should ask their representative on the resolutions committee. Vice Mayor Surra commented it got on there,but it is not hugely supported or actively supported.They are concerned with supporting schools,and their ideas appeared to be poor,and they do not get many other cities supporting school development fees. Mayor Coleman commented there are a lot of them that do not believe it is a city issue. Vice Mayor Surra stated a lot of them do not believe it is in their purview.It squeaked by the resolutions committee last year. There was general discussion about resubmitting the resolution,the statute that would have to be changed,the hope that other cities will join and trying to keep it in the spotlight. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 9 OF 15 Vice Mayor Surra asked how many resolutions that gives them. City Clerk Kathleen Connelly stated there are three.The first is that they urge-the -state legislature to continue their efforts to instill fairness in the policies,procedures and practices of homeowners associations.The second,is to,grge the state to provide funding for any new mandates.The third is to, urge the state to pursue a means by which school development fees Will be legal,including amending Title 9 if necessary. Vice Mayor Surra stated the last one would give the school districts power to collect the fees.She commented the League did not want to look at any resolutions last year that had not been approved by the councils of the cities proposing them.She MOVED THAT WE GO AHEAD WITH THOSE THREE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion on how they throw their support behind other cities'resolutions prior to them going to the committee. Vice Mayor Surra MOVED THAT OUR MAYOR BE DIRECTED TO SIGN ON TO OTHER CITIES'AND TOWNS'RESOLUTIONS THAT HE FEELS ADEQUATELY REFLECT THE VIEWS OF THIS COUNCIL AND OUR COMMUNITY. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PC -SUP -008-02:PINAL COUNTY SPECIAL USE REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 10 OF 15 PERMIT,REQUEST FOR COMMENTS )Interim Development Services Director Rudy Esquivias briefed the council on the item.They have been asked to provide comments to the Pinal County Board of Supervisors regarding a request by Sprint PCS to locate a cell tower just outside the city limits at the southwest corner of Mountain View and SR88.There are visibility issues and a concern for freefall safety,plus the pros and cons of a private provider going on private property.The city has an ordinance encouraging co- location on an existing structure or location on public properties.The commission recommended denial of the request.There are currently 2 or 3 other spaces available on the tower by the fire department on East Superstition.The information gained will be passed on to the county.AT&T was previously directed to that tower and is locating there.Staff recommends supporting the commission's recommendation of denial.He will fax a note off to the supervisors as they will be considering this tomorrow morning. Mayor Coleman stated he appreciated Sandie Smith's comments last night about the highway being designated as a scenic and historic highway.This would be a negative visual impact. Councilmember Eck commented it would be a huge eyesore to a beautiful area. Vice Mayor Surra agreed.She spoke to Sandie Smith earlier and she had advised she had invited a staff member or councilmember to be present at their meeting tomorrow.I t is harder to go against the city if someone is there,so she will attend the meeting.She will substantiate the information faxed to them. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DRIECTION REGARDING ANY COMMENTS ON PC -SUP -008-02,PINAL COUNTY SPECIAL USE PERMIT FOR A PROPOSED 75 -FOOT CELL TOWER ON HIGHWAY 88 AND NORTH MOUNTAIN VIEW ROAD:THAT WE MAKE KNOWN OUR DESIRE TO PROTECT THAT AREA FROM FUTURE EYESORE OR NEGATIVE IMPACT CLUTTER AND THAT THE PLACEMENT OF A TOWER IN THAT SPOT IS TOO CLOSE TO A CITY RESIDENTIAL PLANNED AREA AND TO FORWARD ALL OF THAT ON TO SUPERVISOR SMITH THROUGH FAX OR E-MAIL. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 11 OF 15 VOTE:Unanimous. The motion carried. MESA 2025 -DRAFT GENERAL PLAN )Interim Development Services Director Rudy Esquivias briefed the council on this item.Their land use plan and our general plan work well together at the common boundary.The transportation linkages generally work except for at the Guadalupe and Elliot alignments and those are being worked on.He noted the mayor's comment recommending the parkway off of the San Tan either be moved farther north or perhaps another parkway be formed to hook up with Idaho and State Route 88. Staff recommends forwarding a recommendation of approval. Mayor Coleman opened the item to council discussion.There was general consensus that the plan sounded good. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING COMMENTS ON THE CITY OF MESA DRAFT GENERAL PLAN,MESA 2025:THAT WE SHOULD FORWARD TO THEM POSITIVE FEEDBACK WITH OUR DESIRE TO CONTINUE COOPERATIVE CONSIDERATIONS FOR FUTURE P & Z ACTIONS AND COMMENT REGARDING THE TRANSPORTATION CORRIDOR AS THE MAYOR HAS SUGGESTED IT AND WAS DISCUSSED IN OUR WORK SESSION OF LAST. MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz SECONDED THE Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 15,2002,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY;AND REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 12 OF 15 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 16,2002,IN THE CITY CONFERENCE ROOM. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced the Maricopa Association of Governments last Wednesday voted to approve the city becoming a voting member of the organization.I t was unanimous and he got to vote the rest of the meeting. He encouraged everyone to have a happy and safe Fourth of July. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:48 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 18,2002. 3.Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for FY 2001-02. 4.Consideration and possible approval of Professional Service Agreements for representation of indigent defendants in Apache Junction Magistrate Court as follows:with Jan M.Buescher for $9,600;with William J.Pearlman for $9,600:and with Scott P.McAlister for $5,600. 5.Approval of Award of Bid for Public Works Project PW 2002-13, Reconstruction of parking lot at Superstition Mountain Elementary School to Carson Construction,Inc.in the amount of $125,631 plus 10% or $12,563, for contingency for a total amount not to exceed $138,194. REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 13 OF 15 6.Approval of Award of Professional Services Agreement to Kirkham Michael Consulting Engineers in the amount of $73,442 plus 10%,or $7,344,for contingency for a total amount not to exceed $80.786 to design Delaware Drive between Broadway Avenue and Apache Trail. 7.Approval of Award of Professional Services Agreement to Kirkham Michael Consulting Engineers in the amount of $49,700 plus 10%,or $4,970,for contingency not to exceed $54,670 to conduct Small Area Transportation Study in the "Y"(area between Goldfield Road,Idaho Road,Old West Highway and State Route 88). 8.Authorization to expend $16.150 for the purchase of right-of-way at 1504 West Superstition Boulevard (northeast corner of Ironwood Drive and Superstition Boulevard). 9.Approval of Award of Bid for Public Works Project No.PW 2002-12,Tires,to GCR,Tire Works,AM Pac and Purcell Western State Tire for a combined total of $27,657.19. 10.Approval of Award of Bid for Public Works, Project No.PW 2002-11.Paving Materials.to Mesa Materials in the amounts of $29.95 per ton for 1/2"AC, $29.95 per ton for 3/8" AC,$29.95 per ton for 34"AC,and $50.16 per ton for Cold Mix. 11.Approval of Award of Bid for Public Works Project No.PW 2002-10,Sand and Aggregates,to United Metro Materials,Inc.in the amount of $7.52 per ton. ACCEPTED THIS 16TH DAY OF JULY 2002.BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 14 OF 15 DAY OF JULY ,2002. -IO2U-GLAS—C EMAN Mayor ATTEST: 0gr%2"r_vai 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 2nd day of July,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of July,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 2,2002 PAGE 15 OF 15