Loading...
HomeMy WebLinkAbout2001-07-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 3,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 3,2001,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 Mayor Coleman 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 Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Library Director Pam Loui Development Services Director Dean Svoboda Others Present:Senior Planner Rudy Esquivias Senior Police Commander Dan Scott REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 1 OF 11 Management Assistant Shari Watson City Magistrate David Alexander ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR.PROEJCT NO.PW 2001-14,FUEL,BE AWARDED TO SUPREME OIL COMPANY FOR FY 2001-2002 IN THE AMOUNT OF $0.9663 PER GALLON FOR DIESEL AND $1.1425 PER GALLON FOR UNLEADED GASOLINE,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001- 02:AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2001-17,PAVING MATERIALS,BE AWARDED TO MESA MATERIALS,INC.FOR FY 2001-2002 IN THE AMOUNT OF $28.75 PER TON FOR ONE-HALF INCH ASPHALT CONCRETE,$29.31 PER TON FOR THREE -EIGHTHS INCH ASPHALT CONCRETE,$28.48 PER TON FOR THREE -FOURTHS INCH ASPHALT CONCRETE,AND $49.81 PER TON FOR COLD MIX,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2001-18,SAND AND AGGREGATES,BE AWARDED TO CEMEX,USA FOR FY 2001-2002 IN THE AMOUNT OF $7.75 PER TON,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02;AND THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FY 2000-2001;AND THAT THE AWARD OF BID FOR CITYSCAPE/CITIZEN MAGAZINE PRINTING FOR FY 2001-2002 BE AWARDED TO MESA TRIBUNE IN AN AMOUNT NOT TO EXCEED $27,000;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT,PENDING APPROVAL OF THE CITY ATTORNEY,AND SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02:AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN JAN M. BUESCHER,WILLIAM J.PEARLMAN,AND SCOTT P.MCALISTER AND THE CITY OF APACHE JUNCTION FOR REPRESENTATION OF INDIGENT DEFENDANTS IN THE APACHE JUNCTION MAGISTRATE COURT;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MAGISTRATE TO EXECUTE THE AGREEMENTS,PENDING APPROVAL OF THE CITY ATTORNEY,AND SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02:AND REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 2 OF 11 .THAT APPROVAL BE GIVEN TO TRANSFER JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIGB)MONIES TO PINAL COUNTY IN THE AMOUNT OF $11,956.00 FOR THEIR USE IN JUVENILE JUSTICE PROGRAMS:AND THAT APPROVAL BE GIVEN FOR AMENDED. GLOBAL SETTLEMENT HOMEBUILDERS ASSOCIATION OF CENTRAL ARIZONA V.CITY OF APACHE JUNCTION,PCSC CV -000463,IN ACCORDANCE WITH EXECUTIVE SESSION DISCUSSION WITH CITY ATTORNEY AND OUTSIDE,COUNSEL. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried., AWARDS,,PRESENTATIONSAND COMMUNICATIONS None. CALL TO THE PUBLIC ••' Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding his complaint of numerous false statements being made about the use tax at the October 17,2000 public hearing, Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding expensive items being placed on the consent agenda with no opportunity for a public hearing;the amount of money being given to the Mesa Tribune for the Cityscape magazine when he does not believe their distribution is that high in the city;his court cases on.the election process:and his opinion on the use tax and the possibility of a referendum if it is approved. Councilmember Eck commented the Cityscape bid has nothing to do with an insert in the Tribune;i t is for printing costs only.• Mayor Coleman 'commented if Mr.. Fisher is apparently requesting that the city not do anything until the election matter is decided,he would entertain running for mayor again in another two years.If he cannot accomplish the things he would like to see done,he will ask the voters for another. two REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 •PAGE 3 OF 11 years.He does not think i t is proper for one man to try to put a stop to the progress of the city.In addition,he did not get a request to remove an item from the consent agenda. Councilmember Eck commented that if people come and stay for entire meetings, regular and work sessions,they usually are aware of what is on the consent agenda.If they leave early,they will not have all the information. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED RESOLUTION NO.01-12/PRELIMINARY PLAT FOR VALDEZ COMMERCIAL SUBDIVISION; PROPOSED RESOLUTION NO.01-13/FINAL PLAT FOR VALDEZ COMMERCIAL SUBDIVISION )Senior Planner Rudy Esquivias briefed the council on the item.The site is located just south of West Apache Trail and on the west side of South Phelps Drive,comprised of about 6.5 acres south of the Wells Fargo Bank.Two lots have already been developed,those being the Pizza Hut Restaurant and the Feed Bag Restaurant. This is a proposed 6 -lot subdivision with one main entrance off of Phelps. There will be four restaurant pads and the two westernmost lots have uses yet to be determined.The plats are being processed concurrently as most of the infrastructure is already in place.Planning and zoning recommended approval unanimously.Staff recommends additional conditions on the preliminary plat: to provide any on site and off site improvements required by the city engineer:all the parking and internal drive areas shall be dedicated as perpetual easements;all lots shall be improved with parking lot landscaping, landscaping around the buildings and retention areas:masonry separation wall shall not be required between lots;property owners shall work with property owners to the north to develop another public access way;and the property owner shall proceed through the conditional use permit process to provide a multi -tenant sign and other signages needed for the commercial subdivision. Staff is recommending a marquee sign.The plan is in concurrence with the conceptual master plan.They had been waiting on the signed plats,and copies of those plats have been received.Staff is recommending approval of the subdivision. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 4 OF 11 Mayor Coleman requested the applicant address the council. Mr.Valdez complimented city staff on the assistance he received on this project and the interest expressed by the council. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He urged the council to consider widening Phelps Drive and to add a stoplight at the entrance to this development.Multiple businesses at the site with only one exit will create a traffic nightmare.He urged the council to see if the developer would consider contributing towards the cost of signaling the intersection. Mr.Jonathan Johns of High Desert Engineering,1356 E.McKellips,addressed the council.They worked with staff for a number of months on the alignments for traffic flow.An access point has been designed into the project to tie in with the Donohoe property. Traffic signals will only cause additional delays,add expense to the city and client,and i t is too close to the existing signal on Apache Trail at Phelps. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.More restaurants means more activity on the Trail.He has not seen anything in months on the mass transit study. Mayor Coleman closed the public hearing with no one' else wishing to speak.He opened the item to council discussion. Vice Mayor Surra asked if street lights had been planned for those restaurants that have already been built. City Engineer Ron Grittman stated there are two street lights yet to be installed.The city needs the money up front before they can approach Salt River Project regarding the design and installation. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 5 OF 11 Vice Mayor Surra asked if he had a time frame for that City Engineer'Ron Grittman Stated i t takes about three to five months from the time Salt River Project is notified to when the street lights are installed. Vice Mayor Surra commented she is glad that Mr.Johns thought the additional traffic signal would be a hazard. She does not see a traffic problem;people just need tO be more cautious. Councilmember Eck commented he would like to see this subdivision be a trendsetter for the future Of the city.He likes the appearance of th6se already there and, what is coming. Mayor Coleman agreed that they are beautiful buildings.He closed the discussion and called for a motion. -CouncilmeMber Durbala MOVED THAT RESOLUTION NO.01-12,A RESOLUTION:OF THE MAYOR AND CITY COUNCIL OF THE CITY OF'APACHE JUNCTION,ARIZONA,APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR VALDEZ.COMMERCIALSUBDIVISION:CASE SD -5-01 BY EDDIE AND VIVIAN VALDEZ; FEEDBAG RESTAURANT INCORPORATEDANDiTHOMPSOWREALESTATEINCORPORATED,BE APPROVED. ICouncilmember Dietz SECONDED THE MOTION. VOTE:Unanimous.. The motion carried.: '.Councilmember Durbala MOVED THAT RESOLUTION NO,01A.3,A RESOLUTION OF THE MAYOR AND CITY COUNCIL.OF THE CITY OF APACHE JUNCTION,ARIZONA',APPROVING THE FINAL SUBDIVISION,PLAT FOR VALDEZ COMMERCIAL SUBDIVISION,CASE SD -01-BY EDDIEIANDVIVIAN VALDEZ:FEEDBAG RESTAURANT INCORPORATED AND THOMPSON REAL ESTATE INCORPORATED,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 6 OF 11 VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY COMPANY,SERIES 12 LIQUOR LICENSE FOR FAMOUS SAM'S )City Clerk Kathleen Connelly briefed the council on the item.Famous Sam's will be in the commercial subdivision just approved by council.All of the reviews have been completed and all of the recommendations were for approval.The applicant has been notified of tonight's hearing and is present for any questions. Mayor Coleman asked the applicant to address the council. Mr.Barry Jacobs,2423 S.Brighton Circle,Mesa,gave a brief history of the development of the Famous Sam's franchise.He also owns the one at Baseline and Lindsay.This will be a free-standing building.When they saw the Feedbag and the Pizza Hut,they decided they wanted to be in the subdivision and stay with the same theme.He thanked the city staff for their hard work.He will be going with a sports restaurant theme instead of the normal sports bar theme.It will have a family atmosphere.People will be able to bring their children,sit down, have a good meal and watch any game that they want. Vice Mayor Surra commented she noted a violation on their application that occurred at the other restaurant,and she appreciates that he put his concern in writing and that it mirrored hers. She commended him for the steps that were taken to make sure there would be no future violations. Councilmember Durbala asked if they would be able to broadcast the Cardinals when they are blacked out in town. Mr.Barry Jacobs stated no,as i t is a 25 -mile rule from the stadium with a $25,000 fine if they bring i t in. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 7 OF 11 Councilmember Durbala stated he, is happy to see a sports bar come out here and get all kinds of different sporting events in this area. Mayor Coleman commented they were looking forward to their coming into the community.He then opened the public hearing on the item. Mr.Elliott Fisher,. 547 E.Quail, Apache Junction,addressed the council.He asked why a family restaurant would need a liquor license and,if given,he hoped they would be responsible with it. Mayor Coleman commented they are asking for the liquor license in order to serve liquor. .'Vice Mayor Surra added she had already made a comment commending the new owners for their concerns regarding the serving of liquor in their establishments and how they have met and exceeded what was necessary in order to insure that any under age people will not be served. 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 Eck MOVED THAT THE APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY COMPANY,SERIES 12 LIQUOR LICENSE SUBMITTED BY BARRY R.JACOBS FOR FAMOUS SAM'S BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 8 OF 11 None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS Councilmember Durbala requested ,the city attorney to give the council some insight on the new administrative liquor laws at the next meeting. 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,JULY 16,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 17,2001, IN THE CITY CONFERENCE Room. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman reminded the council of the special work session next Tuesday on the budget,and Monday there will be a water board meeting. Mayor Coleman announced the Fourth of July Celebration for tomorrow night with fireworks at the high school. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 9 OF 11 Mayor Coleman announced that he and Assistant to the City Manager Bryant Powell attended the Central Arizona.Association of Governments meeting in Payson last week Friday and Saturday.It was a good meeting.He learned there are two companies that would like to provide utilities to the area due south of the city.They are waiting for the.Arizona Corporation Commission to decide who will get the area,and there will be a lot of houses constructed in the area. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:46 p.m. Consent Agenda Items are as -follows:-: h Acceptance of Agenda. 2.Acceptance: of Minutes of Regular Meeting of:June 19,2001." 3.Approval of bid award for Project No.PW 2001-14 Fuel,to Supreme Oil Company for FY .2001-2002. 4.Approval ofbid award for Project No.PW-2001-17,Paving Materials,to Mesa Materials,Inc,for FY 2001-2002: 5.Approval - of bid award for Project No.pw'2001-18,Sand and Aggregates-,to Cemex,USA for FY 2001-2002. 6,AcknoWledge receipt ofthe Annual Report of the Apache Junction Public Library BoarcLof Trustees for FY2000L2001. 7.Approval of bid award for Cityscape/Citizen Magazine for FY 2001-02 to the 'Mesa Tribune in an amount not toexceed $27;000 and authorization for Mayor to execute contracts. 8.Approval of Professional:Services.Agreements for representation of indigent defendants imApache Junction Magistrate Court and authorization for Magistrate to execute agreement. 9.Approval to transfer Juvenile Accountability Incentive Block Gran-L(JAIBG) monies in theramount of $11,956.00 to:Pinal County. REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 10 OF 11 00.Approval of amended Global Settlement Homebuilders Association of Central Arizona v.City of Apache Junction,PCSC CV -000463. ACCEPTED THIS 17TH DAY OF JULY ,2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JULY ,2001. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS C 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 3rd day of July,2001.I further certify that the meeting was duly calledandteld and that_a,quorum was present. Dated this 5th day of July,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 3,2001 PAGE 11 OF 11