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HomeMy WebLinkAbout2002-10-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 1,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 1,2002,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 Councilmember Dietz gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Milkey led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman 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 Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 1 OF 14 Others Present:Management Assistant Shari Watson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT RESOLUTION NO.02-20,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ACCEPTING A DEDICATION OF LAND TO THE CITY OF APACHE JUNCTION IDENTIFIED UNDER PINAL COUNTY ASSESSOR'S PARCEL NUMBER 101-04-001,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN TO THE CITY CLERK TO CORRECT THE SCRIVENER'S ERROR IN ORDINANCE NO.1156 AS ADOPTED ON SEPTEMBER 3,2002,CORRECTING THE NUMBER OF THE ORDINANCE TO ORDINANCE NO.1165;AND THAT APPROVAL BE GIVEN FOR THE FINAL CHANGE ORDER FOR ACHEN-GARDNER FOR THE BROADWAY CONSTRUCTION PROJECT DUE TO UTILITY RELOCATION DELAYS IN THE AMOUNT OF $52.769.07;AND THAT APPROVAL BE GIVEN FOR THE 2002-2003 EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY;AND THAT THE SETTLEMENT AGREEMENT IN AL TUG V.CITY OF APACHE JUNCTION,MARICOPA COUNTY SUPERIOR COURT NO.CV2001-021336 BE RATIFIED,AND THAT APPROVAL BE GIVEN FOR PAYMENT OF THE $10,000 DEDUCTIBLE AMOUNT UNDER THE CITY INSURANCE POLICY;AND THAT THE SETTLEMENT AGREEMENT AND RELEASE PURSUANT OT JUDGE MCCARVILLE'S JUDGMENT IN HOMEBUILDERS ASSOCIATION V.CITY OF APACHE JUNCTION,PINAL COUNTY SUPERIOR COURT NO.CV99046716 BE RATIFIED,AND THAT THE AMOUNT OF $724,806.24 BE PAID FROM SCHOOL DEVELOPMENT FEES. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 2 OF 14 Mayor Coleman read a proclamation designating October 6-13,2002,as "A Week Without Violence"and presented it to Ms.Lorinda Reese of the Children's Benefit Foundation. Mayor Coleman read a proclamation designating October as "National Head Start Month"and presented it to Ms.Tera Leigh of Pinal County Head Start. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Interim City Manager George Hoffman commented the school development fees issue has been brought to a close,but the city will continue to support the school district in its mission to educate the youth.We will research approaches other communities have utilized to insure that developers and school districts are communicating and that education and growth issues are discussed.He commented Officer Bob Bugsch and Vehicle Supervisor Mike Rush attended a meeting last week on Ford's plans to modify the Crown Victorias. The plans look promising and they will keep the council posted on future developments.He is concerned about unfavorable media coverage recently resulting in a possible lack of confidence in the police department and suggested two strategies to the council.He suggested contracting with an outside consultant for the purposes of reviewing internal systems,and policies and practices in evaluating our abilities to provide a high level of quality service to the community.He would like to commission a management audit to study these areas and to make recommendations on improved methods and procedures to allow us to give better service to the community.The police department management staff joined him in making this recommendation.The confidence and satisfaction of the citizens is foremost in their minds and this is why they believe they need this specialized,outside,objective assessment.He will seek their direction on this matter at a future meeting. The second strategy is developing an early warning system to track officer behavior and the chief has already begun on this.The Commission on Accreditation for Law Enforcement Agencies mandate agencies of a certain size to adopt a Personnel Early Warning System to identify employees who may require intervention efforts.Staff will be working with the city attorney, human resources,outside legal counsel and the potential outside consulting REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 3 OF 14 firm to refine and implement the policy.His goal is to continue to earn the confidence and satisfaction of the citizens we serve, PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF ARIZONA JOE'S RESTAURANT AND LOUNGE FOR NOVEMBER 9,2002 )City Clerk Kathleen Connelly briefed the council on the item.She requested they consider the information found in the packet regarding the reoccurrence of secondary activities at this location.I t had been discussed earlier this year in July when i t appeared a swap meet -type activity was going to take place.I t appears a similar event is scheduled to be held at this time.It does create some property improvement,zoning,and additional business license issues.The zoning issues could impact the status of the liquor license.The applicant was invited to be present to answer any questions. Mayor Coleman requested the applicant address the council. Mr.Joe Vincent of Arizona Joe's addressed the council.This is their second year for this activity.They fence off the area,have security,and wristbands for all those 21 and older. They had no problems with the police department or the state liquor board in the past.This is for the Veterans'Day Run. Councilmember Eck asked if they had a swap meet at some time. Mr.Joe Vincent stated they did not. That was for Abused Women but they did not go through the city to get a permit so they canceled it and took the event to Gilbert. Councilmember Eck asked if they were having another. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 4 OF 14 Mr.Joe Vincent stated they are not. They are having beer,booze,outhouses,canopies for shade,chairs and a band for the Vietnam Vets'Poker Run. Vice Mayor Surra stated they have a copy of an advertisement for this event and i t says to check out some of the vendors. Mr.Joe Vincent stated they have to have their own licenses with the city.They do not allow them to set up i f they are not licensed with the city. Vice Mayor Surra commented the city's concern is with space and parking.It was believed he would make sure they had the proper business licenses. Mr.Joe Vincent stated the property is 108,000 square feet and the building is 10,000 square feet.They have 98,000 square feet of parking and plenty of access.They fence i t off.Last year Sergeant Schultz escorted the motorcycles out in a safe manner.They do everything by the books so there is no problem. Vice Mayor Surra asked if he would have any problems if they added a stipulation on their approval of meeting all the city requirements by checking with development services to make sure they are in compliance. Mr.Joe Vincent stated he gave them a map of where the fence would be going.They put the fence up to keep everyone in a contained area. Vice Mayor Surra asked i f development services had any comment on the proposed use of the site as indicated in the advertisement. Interim Development Services Director Rudy Esquivias stated the diagram does not indicate the location or number of parking spaces.I t illustrates a couple of entrances onto the property.One time events are normally not a concern,but when they have vendors and a pattern is emerging,they are concerned about a possible REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 5 OF 14 expansion of use which may require additional parking and additional landscaping according to the code.With the plan submitted,he does not know if they meet those requirements. Vice Mayor Surra asked if he could meet with them as a stipulation to their approval. Interim Development Services Director Rudy Esquivias stated he could if they had a well -detailed plan and could make sure the site is adequate for what they want to do. Mr.Joe Vincent stated they brought the same diagram last year and they had no problem with it. Vice Mayor Surra stated there may not be a problem;they want to make sure i t is properly cleared through development services. City Clerk Kathleen Connelly stated they had checked and none of those vendors have ever come in to be licensed. vendors would have to get a license. that. Vice Mayor Surra commented those Mr.Joe Vincent stated they know City Clerk Kathleen Connelly reiterated they have never come in to be licensed. Councilmember Urich asked if they had never come in. City Clerk Kathleen Connelly stated that is correct. Councilmember Eck asked what development services would be looking at for compliance. had never come in. that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 6 OF 14 Interim Development Services Director Rudy Esquivias stated they would primarily be looking at parking. They do not want a secondary negative impact on the neighborhood with too much overflow parking.If they want to have these events a couple of times a year, it would be considered an expansion of use and certain landscape requirements would be invoked.These are the issues that would be discussed. Vice Mayor Surra commented this has only been an annual event because the second one never took place because of improper permitting.They never allowed the other one to take place. Mr.Joe Vincent stated that is correct. Vice Mayor Surra commented this is the second annual event,but not the second event within a certain time frame. Mr.Joe Vincent stated the Vietnam Vets put it together.I t is mostly motorcycles.He cannot control them,but they did tell him they were licensed.He will ask them tomorrow and notify them.He does not need to have the vendors.He has to pay his taxes;if they do not want to pay theirs,he does not need them on his property.He added that regarding the landscaping,they have 1.75 acres that is paved parking and i t is all bordered.They also have lights,trees and plants. Councilmember Eck commented he is more concerned that the vendors have a city license.He is not concerned with the landscaping.They have allowed Longhorn to do special events and they do not have the landscaping or parking. Mr.Joe Vincent stated they used bales of hay last weekend.He uses six-foot chain link security fencing.You can still sell liquor over bales of hay,but not chain link fence. Vice Mayor Surra commented she believed the concern was because they did not realize he had canceled the second event.I t appeared he was doing more than one event per year.There still has to be enough parking. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 7 OF 14 Mr.Joe Vincent stated he has the largest parking area in the city.He commented people were parking in the desert,bank parking lot,liquor store and chamber parking lot from the overflow at Longhorn.He gets upset about meeting with people when others are allowed to do things and he has always conformed and has never had a permit violation.There have been no acts of violence at their location.He does not understand the problem when he has 2.5 acres of parking. Vice Mayor Surra commented they were only requesting that you meet the requirements for the special uses. City Clerk Kathleen Connelly stated she believed the concern from development services was in regards to vendor activities,vendor/swap meet activities and those things.I t is not regarding the temporary extension of premises for the event. Mr.Joe Vincent stated if they do not have a license,they will not be allowed on the premises.He will check to make sure they have one. City Clerk Kathleen Connelly stated that would make things a lot easier. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Vice Mayor Surra MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF ARIZONA JOE'S RESTAURANT & LOUNGE FOR NOVEMBER 9,2002,SUBMITTED BY TINA LOVELADY,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL,AND I FURTHER MOVE THAT THE APPLICANTS BE NOTIFIED THROUGH THIS MEETING AND ANY OTHER FOLLOW UP,THAT THE CONTINUATION OF SECONDARY ACTIVITIES ON THE PREMISES SUCH AS A SWAP MEET OR A VENDOR DISPLAY AND VEHICLE DISPLAYS WILL REQUIRE THEM TO COMPLY WITH ANY CITY REQUIREMENTS REGARDING USE OF SPACE,ADEQUATE PARKING,LANDSCAPING,BUFFERING,AND APPROPRIATE BUSINESS LICENSING. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 8 OF 14 VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, INDIVIDUAL,SERIES 12 LIQUOR LICENSE FOR LOS CABOS MEXICAN GRILL )City Clerk Kathleen Connelly briefed the council on the item.There have been no objections issued and the restaurant is not yet open.The applicant was invited to be present this evening. Mayor Coleman requested the applicant address the council. Mr.Robert Pennick,representing Los Cabos Mexican Grill,addressed the council. Vice Mayor Surra asked what the name of the restaurant means. Mr.Robert Pennick stated he did not know,and the name of the restaurant is being changed. name would be. be Los Gringos Locos. planned to be open. Councilmember Eck asked what the new Mr.Robert Pennick stated it would Councilmember Eck asked when they Mr.Robert Pennick stated they plan to be open by the end of November or the first of December. Vice Mayor Surra commented they were not able to complete all the inspections required so the approval will be contingent on meeting all the requirements. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 9 OF 14 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. Vice Mayor Surra asked if they are planning to attend all the classes that are necessary with the liquor board. Mr.Robert Pennick stated that is correct. Interim City Manager George Hoffman asked if they could ask a question on parking. City Attorney Joel Stern stated i t is not a zoning case or city code issue.It does not involve the liquor • license.They can ask if the parking is in violation,however. Interim City Manager George Hoffman asked if the parking is in violation of the requirements. Interim Development Services Director Rudy Esquivias stated i t is not.They required 61 spaces and that is what they have. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE,INDIVIDUAL,SERIES 12 LIQUOR LICENSE FOR LOS CABOS MEXICAN GRILL,SUBMITTED BY EDDIE VALDEZ,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1167 TO REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 10 OF 14 INSTALL STOP SIGNS AT BASELINE AVENUE AND AND IRONWOOD DRIVE )City Engineer Ron Grittman briefed the council on the item.The intersection has met three of the eleven warrants required under the Manual of Uniform Traffic Control Device for a signal.One of the warrants for a stop sign is that the warrants for a signal have been met and the location is awaiting a signal.They are tentatively planning on having the intersection converted into a four-way stop during the last week of October or the first week of November.There will be placards at the location identifying that day starting next week. Councilmember Dietz commented that should be plenty of notice for the motorists that the change is coming. City Engineer Ron Grittman stated the placards will go up the first week,the rumble strips will be installed in the second week,and the stop signs will go up in the third week.They want to try to minimize the impact.He added they were provided a new copy of the ordinance:the original had a scrivener's error in the footer with an incorrect ordinance number. City Attorney Joel Stern commented the emergency clause has also been added to this ordinance,with the purpose being safety. 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. Vice Mayor Surra commented this particular intersection has been a long-time concern of Councilmember Durbala, and he was continually monitoring the progress to assure himself that as soon as it met warrants it would be acted upon.She commended public works on his behalf for not allowing any time to elapse between when the warrants were satisfied to our practice of beginning the practice of putting up the interim signage before the installation of the signal. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 11 OF 14 Councilmember Milkey MOVED THAT ORDINANCE NO.1167 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Milkey MOVED THAT ORDINANCE NO.1167,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. 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 None. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 12 OF 14 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 15,2002,IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that Councilmember Milkey and his wife have a new daughter,8 lbs.2 oz.,whom they named Brial Hope. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:38 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 17,2002. 3.Consideration of Resolution No.02-20,Accepting the dedication of right- of-way to the City at the alignment of Gregory Street between Meridian Drive and Pinal Drive. 4.Consideration of Ordinance No.1165,Correcting a scrivener's error in Ordinance No.1156. 5.Consideration of final Change Order for Achen Gardner in the amount of $52,769.07,which is the total Change Order amount over the approved contingency for the Broadway Construction project.This approval is necessary due to utility relocation delays. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 13 OF 14 6.Consideration of approval of Employment Agreement with City Attorney. 7.Ratification of Settlement Agreement in A7tug v.City of Apache junction, Maricopa County Superior Court No.CV2001-021336 and payment of deductible amount of $10,000 under insurance policy. 8.Ratification of Disposition of Funds Settlement Agreement and Release in /0/1 v.City of Apache junction,Pinal County Superior Court No.CV99046716. ACCEPTED THIS 15TH DAY OF OCTOBER 2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH ATTEST: KATHLEEN CONNELLY City Clerk DAY OF OCTOBER DOUGLAS COVEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,2002. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of October,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of October,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1,2002 PAGE 14 OF 14