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HomeMy WebLinkAbout2001-02-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 20,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 20,2001,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 Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Dietz Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook Assistant 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 Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 1 OF 14 Others Present:Community Relations Manager Patrick Brenner 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:LIBRARY CIRCULATION SUPERVISOR TRISH PELLETIER FOR PROVIDING POSITIVE RECOGNITION OF THE VALUABLE PARTICIPATION OF VOLUNTEERS IN THE READING IS FUNDAMENTAL PROGRAM;AND CODE COMPLIANCE OFFICERS MARTHA BROWN AND CINDY BORBA FOR ASSISTING A FAMILY IN GETTING ADEQUATE HEATING DURING THE COLD WEATHER;AND THAT APPROVAL BE GIVEN TO EXPEND UP TO AN ADDITIONAL $25.000 IN DESIGN FEES TO VERSAR INC.FOR EXPANDED SERVICES RELATED TO SUPERSTITION SHADOWS PARK;AND THAT APPROVAL BE GIVEN TO REPLACE A 1998 FORD LTD CROWN VICTORIA PATROL CAR WITH A 2001 FORD LTD CROWN VICTORIA PATROL CAR FROM FIVE STAR FORD AT A TOTAL COST,INCLUDING TAX,OF $22.614.00;AND THAT THE AWARD OF BID FOR PR -01-01,LANDSCAPE MAINTENANCE FOR RENAISSANCE POINT AND ARROYO VERDE,BE AWARDED TO TRUGREEN LANDCARE INC.AT A BASE BID OF $22,200.00 WITH UP TO AN ADDITIONAL $5,000 TO BE USED ONLY IN THE EVENT OF UNFORESEEN CONDITIONS WHICH RESULT IN THE NEED FOR A CHANGE ORDER,FOR A TOTAL AMOUNT OF $27,200.00:AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT AND THE CITY OF APACHE JUNCTION REGARDING USE OF FACILITIES AND VEHICLES,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT;AND THAT THE AWARD OF BID FOR THE CONSULTANT FOR THE CITY COMPENSATION AND CLASSIFICATION PLAN STUDY BE AWARDED TO PUBLIC SECTOR PERSONNEL CONSULTANTS IN THE AMOUNT OF $20,000 WITH UP TO AN ADDITIONAL 10%IN THE AMOUNT OF $2,000 FOR UNFORESEEN CHANGE ORDERS OR ADDITIONAL ELEMENTS TO THE STUDY FOR A TOTAL AMOUNT OF $22,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 2 OF 14 The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Community Relations Manager Pat Brenner announced that the city had completed its third and largest Citizens Leadership Institute on February 1,having 19 graduates.This is a program of six sessions spread out over twelve weeks for citizens to learn what city government is and how it works.Mayor Coleman presented each graduate with a certificate and an honorarium bag. CALL TO THE PUBLIC Mr.Bob Latunski,400 N.Plaza Drive #124,Apache Junction,addressed the council regarding loud bass music from Los Vaqueros for the past two months. When he first called the police,the music was so loud he thought it was coming from the Bashas'parking lot.This occurs on Thursday through Sunday nights and goes on until 2:00 a.m.After walking to the Bashas'parking lot and up onto the Trail they learned it was coming from Los Vaqueros.He described the contact he has had with the police department over this complaint and its lack of resolution.He has also called the city attorney, code compliance,city manager and the mayor trying to get some help with the problem.He is a retired police officer and he does not think this should continue. Mrs.Sandie Smith,575 N.Idaho,Apache Junction,addressed the council regarding the petition to get an emissions inspection station located in Apache Junction.She commented there are enough numbers here to warrant being put in the attainment zone,but ADEQ is claiming there are not enough for an emissions inspection station.She has gotten calls from the legislature offering help.They have commented they are starting to get a lot of calls from this area.The information is getting out,but the council and herself are only as strong as the people standing behind them.They need a petition with a few thousand signatures plus the letters they are sending.She has been contacted by Mr.Cooley and Marilyn Jarrett on assisting the city,and Representative Flake has suggested a meeting with the governor's office.She has met with a representative of the governor who stated the governor is very interested in what is going on. Councilmember Urich requested staff review the Bob Latunski matter. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 3 OF 14 City Attorney Joel Stern commented staff acknowledges the request. CITY MANAGER'S REPORT City Manager Curtis Shook commented he is impressed with the level of involvement and the general demeanor of the class in the Citizens Leadership Institute.He believes this one has been the most successful and they asked some very interesting questions.He is prouder of this program than others the city has done.He complimented Pat Brenner and those that attended the institute. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 10 LIQUOR LICENSE FOR LAST STOP )City Clerk Kathleen Connelly briefed the council on the item.This is for a change in the license holder for the location.The applicant has been notified and requested to attend and staff's recommendations have been included in the packet. Mayor Coleman requested the applicant address the council. Mr.Terry Iran,420 N.Apache Trail, Apache Junction,addressed the council. Councilmember Durbala asked if he or his employees have attended the state training program. applicant address the council. Apache Junction,addressed the council. wife have attended it. had received his certificate. Ms.Terry Tran stated he and his Councilmember Durbala asked if he Mr.Terry Tran stated he had. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 4 OF 14 public hearing and opened the item to council discussion.There being no council discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 10 LIQUOR LICENSE FOR LAST STOP SUBMITTED BY TERRY T.TRAN BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS,FEBRUARY 23-25,2001 )City Clerk Kathleen Connelly briefed the council on the item.This is an annual request.There are no objections from staff and the applicant has been asked to be present. Mayor Coleman requested the applicant address the council. Mr.Gary Mulholland,710 S.Muleshoe Road,Apache Junction,representing the rotary club,addressed the council. He commented the stock is in,the carnival is going up,tents are up and the city staff has been working hard all week.There is a lot of entertainment lined up and i t should be a good weekend. Councilmember Durbala asked if they are going to have extra security for the teen night to prevent them from bringing in their own alcohol. Mr.Gary Mulholland stated no containers will be allowed coming from the inside or outside of the outer perimeters.I t is completely fenced in and will be patrolled by the Apache Junction Rangers.The state task force has advised them they will have two REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 5 OF 14 people present on that night and at other times throughout the weekend.They will enforce a wristband for all and the area will be lighted. Vice Mayor Surra commented the paperwork this year answered all of the questions they have had in the past. She is happy to see the security measures this year appear to be more strenuous. Mr.Gary Mulholland stated they realize that as the event grows they have to tighten up more.They have received advice from liquor control;they have been visited by them during Lost Dutchman Days and Stampede events over the last two years and have received compliments from them.As a result,their insurance has dropped each year. 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. Councilmember Insalaco MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LOST DUTCHMAN DAYS SUBMITTED BY APACHE JUNCTION ROTARY CLUB #1246 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LOCATION TRANSFER, CORPORATION, iSERIES 9 LIQUOR LICENSE FOR CIRCLE K #1989 )City Clerk Kathleen Connelly briefed the council on the item.This is to transfer the liquor license from the Circle K that recently closed at Idaho Road and Old West Highway to another location at Meridian and Superstition.There are several comments from city staff members and they should look at the correspondence from the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 6 OF 14 police department regarding an on -site inspection.The applicant was advised to attend the meeting tonight to answer any questions. Mayor Coleman requested the applicant address the council.No one was present. Councilmember Urich commented she would like to continue this for two weeks as she had specific questions for the applicant. 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 stated she did not feel it was necessary to continue the item since the applicant was not there. She would like to vote for disapproval until such time as he reapplies and presents himself.She is concerned that the business license had elapsed and that they had not displayed their health permit.She added since they do not appear to pay much attention to following rules,she does not think they should give them a second chance.They should have to go through the process again. Councilmember Urich stated she had a problem with all six applications saying "see attached list"where i t asks i f the license has been rejected,denied,revoked,suspended or fined and not one had the attached list. Councilmember Eck commented the city clerk notified them on January 29 and that is adequate time to require them to take responsibility for what they have to do.He wanted to vote on the issue tonight. Councilmember Dietz agreed. City Attorney Joel Stern stated they will have to provide specific findings if a recommendation for negative approval is given.There would also have to be reasons if there is a motion to continue. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 7 OF 14 City Clerk Kathleen Connelly stated there is a limitation as to what statements are considered viable for refusal. The words the state uses most frequently are that "the public convenience and necessity would not be served by the issuance of this liquor license." City Attorney Joel Stern commented i t basically says that the public convenience requires,and i t is in the best interest of the community,that will be substantially served by non -issuance or issuance of the license.That is in Section 4-201. what statute that was. City Clerk Kathleen Connelly asked City Attorney Joel Stern stated i t is Section 4-201(C)of the Arizona Revised Statutes. City Clerk Kathleen Connelly stated the business license for this location was sent out along with the other business licenses for Circle K.They evidently had an address change of which they are required to alert the business office.The mail was returned,the address was corrected and the information was sent back out.They paid for all the other locations except this one.They did not give a reason why this one was not paid for.After Sergeant Elkins went in and pointed i t out to them,they came in and paid for the business license. Mayor Coleman closed the discussion with no more comments and called for a motion. Vice Mayor Surra MOVED THAT THE APPLICATION FOR A LOCATION TRANSFER,CORPORATION,SERIES 9 LIQUOR LICENSE FOR CIRCLE K STORE #1989,SUBMITTED BY KIM K.KWIATKOWSKI,BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BECAUSE IT DOES NOT SERVE OUR PUBLIC TO HAVE A BUSINESS THAT DOES NOT CURRENTLY HAVE A BUSINESS LICENSE THAT WAS NOT TIMELY,NOR WERE THEY IN COMPLIANCE WITH THE PAPERWORK THAT WAS SENT IN TO US WITH THE APPLICATION IN GIVING US ALL THE INFORMATION THAT THEY PROMISED,THE HEALTH PERMIT THEY FOUND LATE SO IT IS STILL ACTIVE. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 8 OF 14 City Attorney Joel Stern recommended they add another stipulation that THE RECOMMENDATION IS FOR DISAPPROVAL AS IT DOES NOT COMPLY WITH ARIZONA REVISED STATUTE SECTION 4-201(C). Vice Mayor Surra CONTINUED WITH AS REFERRED TO IN THAT SECTION NUMBER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1148,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 13 PUBLIC WORKS,ARTICLE 13-3 ENCROACHMENT PERMITS,SECTION 13-3-1 PERMITS, SUBSECTION E AND REPLACING IT WITH A NEW SUBSECTION E )City Engineer Ron Grittman briefed the council on the item.They have changed i t so the width of the patch and the associated chip seal will run up to the centerline on any trenches that do not cross the centerline of the roadway.On those that do cross the centerline,it will run from lip of gutter to lip of gutter across the entire width of the roadway.That is the only change from what was given to council at the work session. Mayor Coleman asked if the patches will be in accordance with MAG standards. City Engineer Ron Grittman stated i t would meet the standard top patch. Councilmember Eck asked if they would only do half of a chip seal if they do not go to the centerline. will be in accordance with MAG standards. would meet the standard top patch. City Engineer Ron Grittman stated the chip seal would go from the lip of gutter to the centerline of the roadway.He added MAG standards call for a clean neat edge to be provided. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 9 OF 14 There have been a few patches seen in town,primarily on Ironwood,that are jagged.They are currently working with the various utilities to get those removed and replaced. Councilmember Durbala asked if this would be on all streets or only certain arterials. City Engineer Ron Grittman stated i t only applies to an arterial,a mid -section line or a section line road. Residential roadways would have just a top patch with no chip seal. Councilmember Dietz asked if the residential top patch would be with slurry that would have to be poured. that is correct. would have a concrete edge. that is correct. City Engineer Ron Grittman stated Councilmember Dietz asked if it City Engineer Ron Grittman stated Councilmember Dietz asked on the other if they were going the entire width of the road or to the centerline and 10'on each side. City Engineer Ron Grittman stated that is correct.It would be a total of 20'wide that would be chip sealed. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.His main concern is safety, followed by rider smoothness and appearance.He does not like the requirement for putting a patch over lanes that probably would not need it.If this goes over the centerline,than all the lanes would have to be patched,and he believes the city -is talking about four lane roadways here.He would like to see one of the lanes without a patch over i t for those people who would like a REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 10 OF 14 smooth ride.This would help reduce the cost for the sewer hook-ups.If the cut is only in the curb lane,restrict the patch to that lane.The only lanes that should be patched are those that have been cut.The aesthetics of having a patch cover the whole street does not outweigh the quality of the ride.The patch should be large enough to cover leakage and segmented to cover only those lanes necessary. Mayor Coleman closed the public hearing with no one else wishing to speak.He requested staff to comment on Mr.Schuelke's concern. City Engineer Ron Grittman stated the city is concerned with the appearance of the roads.Most section line roads are two lanes:if there are any trenches coming across newly constructed portions of roads,the city wants to make it be aesthetically pleasing and smooth.The mid -section roads are two and four lanes;as there is improvement,they want to maintain the aesthetics.He is concerned with the patchwork look and this treatment will limit that on a brand new.road. Councilmember Eck commented the cost will be minimal as they are talking about a chip seal only on the other part. I t is not an actual patch,which is where the trench is being dug.He believes people are more concerned about the smoothness of the ride than appearance,but appearance is important.He commended staff for the revision to the ordinance. City Engineer Ron Grittman.stated i t can be either a chip seal or a slurry seal;it would be at the discretion of the public works staff. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1148 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 11 OF 14 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1148,AS READ BY THE CITY CLERK,BE APPROVED. Vice Mayor Surra 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. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 5,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 12 OF 14 AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 6,2001, IN THE CITY CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman reminded everyone that this weekend is Lost Dutchman Days and he urged everyone to participate in the activities. ADJOURNMENT )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 February 6,2001. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:"Trish"Pelletier;Martha Brown;and Cindy Borba. 4.Approval to expend up to an additional $25,000 in design services relating to Superstition Shadows Park. 5.Approval to replace a 1998 Ford LTD Crown Victoria patrol car with a 2001 Ford LTD Crown Victoria patrol car form Five Star Ford at a total cost including tax of $22,614.(The 1998 vehicle was totaled in an accident.) 6.Award of Bid for PR -01-01,Landscape Maintenance for Renaissance Point and Arroyo Verde to TruGreen LandCare Inc.at a combined base bid of $27,200. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 13 OF 14 7.Approval of Intergovernmental Agreement with Apache Junction Unified School District regarding use of facilities and vehicles. 8.Award of Contract to Consultant for City Pay Study (bid closed on 2/14/01). ACCEPTED THIS 6TH DAY OF MARCH 2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH ATTEST: KATHLEEN CONNELLY City Clerk DAY OF MARCH ,2001. DOUGLAS CO EMAN 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 20th day of February,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of February,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,2001 PAGE 14 OF 14