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HomeMy WebLinkAbout2001-12-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 18,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 18,2001,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 Dietz 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 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 Dean Svoboda REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 1 OF 12 Others Present:Senior Planner Rudy Esquivias Management Assistant Shari Watson Grants Specialist Roger Hacker Assistant to the City Manager Bryant Powell ACCEPTANCE OF CONSENT AGENDA )Councilmember Milkey MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEE:LIBRARY MANAGER SPENCER PADEN FOR HIS EFFORTS IN ORGANIZING DATABASE TRAINING FOR EAST VALLEY LIBRARIANS;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2001-35,TEN CUBIC YARD DUMP TRUCK, BE AWARDED TO FREIGHTLINER ARIZONA IN THE TOTAL AMOUNT OF $67,386.43;AND THAT AUTHORIZATION BE GIVEN FOR CITY LEGAL REPRESENTATIVES TO APPEAL THE TRIAL DECISION TO THE APPROPRIATE APPELLATE COURT(S)FOR CRANMER V.ALEXANDER,ET AL,PINAL COUNTY SUPERIOR COURT #CV2001-00302;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CLIFTON AND THE CITY OF APACHE JUNCTION FOR THE TRANSFERRANCE OF FOUR SURPLUS POLICE VEHICLES BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL OF THE FINAL AGREEMENT BY THE CITY ATTORNEY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Department of Public Safety Chief Robert Warner commended Daniel W.Lanman, 14,for his honesty and integrity in turning in a checkbook and money that he found near Thunder Mountain Middle School.Mayor Coleman presented him with a Distinguished Citizen Award plaque. Grants Specialist Roger Hacker acknowledged the recent award of a $281,844 Community Development Block Grant from the Arizona Department of Commerce to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 2 OF 12 be used for housing rehabilitation,Habitat for Humanity lot acquisition and the expansion of the Food Bank.He commended the council for their assistance in the grant process. CALL TO THE PUBLIC Ms.Karen Frontera,737 E.Hondo Avenue,Apache Junction,addressed the council to request that licensing requirements for massage therapists be reviewed on a future agenda. CITY MANAGER'S REPORT Assistant to the City Manager Bryant Powell briefed the council on the Annual Household Hazardous Waste Collection Event,co -hosted by Pinal County on December 1 and held in the Pinal County Complex parking lot.The event was successful,bringing in as much or more than previous years. PUBLIC HEARINGS SECOND BINGO LICENSE APPLICATION FOR COUNTRY SIDE TRAVEL TRAILER ACTIVITIES ASSOCIATION )City Clerk Kathleen Connelly briefed the council on the item.The packet Includes reports from the police department,zoning department and the fire district.The applicant was notified to be present this evening to answer any questions. Mayor Coleman requested the applicant address the council. Mr.Ron Morrow,2701 S.Idaho Road, Apache Junction,addressed the council to answer any questions.There were no questions from the council. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed .the public hearing and OpenedAhe item to council .discussion. Vice Mayor Surra commented she passes by there all the time and she has viewed signs out inviting the public REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 3 OF 12 to come to the bingo and other activities.This type of license is for-the participants to be people who reside there and a personal guest or someone visiting with them.They are not allowed banners or signs.That violation has been consistent over the past year.She does not believe they are aware of that or they would not be doing it.I t is a violation of the agreement they have with the city on this type of license.She asked if he would assure the city that they would follow all of the mandates that go with the privileges of having a bingo license. Mr.Ron Morrow asked if what she was saying was that they could not invite the public to the bingo. Vice Mayor Surra stated that was correct. Mr.Ron Morrow stated he did not believe anyone over there was aware of that. Vice Mayor Surra commented i t is part of the zoning ordinance. Mr.Ron Morrow: asked if they would have to apply for a different kind of license. Vice Mayor Surra stated they would have to apply for a different kind.of zoning.They are not allowed by their zoning classificationto run games of chance for -the public:only park residents. Mr.Ron Morrow stated they Aid not know that.He did not see -.anything on that from the state and he realizes he will have to get thatfrom the city.He asked if there was some information on that that he could take back to the park. Vice Mayor Surra stated he could get. the information from the City Clerk's Office or Development Services.She wanted assurances before she voted that they would not be putting the .sign out allowing the public to be present at the game. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 4 OF 12 Mr.Ron Morrow assured her they would not.He asked if each resident was allowed one guest. Vice Mayor Surra stated if the resident has a guest at the park,that guest would be allowed to attend the bingo that night.The city does not encourage them to invite people from the public for the purpose of playing bingo. Mr.Ron Morrow stated they would stop inviting the public until they could get another license.He believes there are three types of licenses. Vice Mayor Surra stated the different license would not change the zoning. Mr.Ron Morrow asked if they would have to change the zoning in order to invite the public. Vice Mayor Surra stated that is correct. Mr.Ron Morrow stated he was not sure if he wanted to fight city hall over this. Vice Mayor Surra commented she could see that it would be more lucrative to invite people from outside the park, but then every park would want to do that.In order to have those types of activities,other things would have to be provided,such as adequate parking. The zoning would have to be changed because the land use is not for that particular use. Councilmember Urich commented they have also had notices in the newspaper about the bingo. Mr.Ron Morrow stated that is correct. Councilmember Urich stated that would have to stop also. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 5 OF 12 Mr.Ron Morrow stated he is sure no one was aware of this.He will go back and let them know at the next meeting. He commented there would be no more signs out as of Thursday night. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A SECOND BINGO LICENSE SUBMITTED BY COUNTRY SIDE TRAVEL TRAILER ACTIVITIES ASSOCIATION BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS TRAIL OF FLAGS )Public Works Director Doug Dobson briefed the council on the item.He commented the actual cost for the installation and the removal of the flags each time would be $325,not including any overtime.If overtime is included,it would be $465.The annual cost for the current flag dates is $1,625 with no overtime.If the Federal Flag Code is followed,the cost would be $6,175.This is also if the flags are flown at night;the costs go up if they are not flown at night. These costs are based on the current schedule of installing and removing the flags.He described the process of flying the flags at half-mast and the added time and cost this would incur. Mayor Coleman stated he likes the way i t is done now.He does not believe they need to fly the flags at half- mast,and he hopes the events of September 11 are a once in a lifetime memorial. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 6 OF 12 Councilmember Durbala commented he would like to see i t stay the way i t is.If the flags are put up too many times,it will weaken the significance to the public. Vice Mayor Surra commented it was her motion to direct staff to see if there were any other days within the federal guidelines that would have some significance to the city.The only one she could see is Statehood Day.It would only increase the annual cost by $325.She would like to see the flags left up for the entire weekend without incurring any overtime.She does not believe these flags need to be lowered to half-mast as there are others at city buildings and other organizations that do that.The flags on the Trail are for something else entirely. Councilmember Urich stated the city is not flying the flag at half-mast on Peace Officer's Memorial Day to her knowledge.She asked if they were doing it with any of our flags. Public Safety Director Robert Warner stated they are doing i t at the police department. Public Works Director Doug Dobson stated they had also been putting theirs down. Councilmember Urich asked about the other city flags. Public Works Director Doug Dobson stated they lower all the flags if they lower one. Councilmember Urich commented the federal code states that the flag should be displayed on all days,especially the 14 days listed. Councilmember Durbala commented i t says should be displayed,not has to be. Vice Mayor Surra commented she believes that the Trail of Flags is not the same thing as putting up the flags for the buildings or flying them at the schools.I t is for special celebration days only.The flags are flown daily at the municipal buildings. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 7 OF 12 The city is in compliance there.She would like to see the current guidelines applied with the addition of Statehood Day. Councilmember Eck stated he felt they were getting away from the original intention of the Trail of Flags.He does not think they should pay employees overtime to install or take down the flags.They were made for special events.He would like to leave it the way i t is now and would not mind adding the extra day for Statehood Day. Councilmember Dietz agreed. Vice Mayor Surra suggested contacting the veterans'organizations and see if they would have a volunteer group interested in assisting staff with the flags if the liability issues can be worked out.They may be able to clean the poles or fold the flags as these could be done away from the median.She thinks it might mean more if it was a community event. Councilmember Eck commented he , thought they had _discussed the liability -issue before. Vice Mayor Surra stated that would be if they were in the median.There are things they could do that would not place them in the median. Councilmember Durbala commented he thought they should just leave everything the way i t is,but he woulcl.agree to adding Statehood Day. Mayor Coleman closed the discussion and Called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE ADDITIONAL DAYS FOR. THE . TRAIL OF FLAGS:THAT WE ADD ONE ADDITIONAL DAY AND THAT WOULD BE FEBRUARY 14 FOR STATEHOOD DAY AND ALL'OTHERASPECTS'OF OUR POLICIES ON THE USE OF FLAGS ON THE TRAIL STAY AS THEY ARE. Councilmember Durbala SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 8 OF 12 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 ADEQ-1000491-0L RENEWAL OF BATCH PLANT POLLUTION PERMIT )Senior Planner Rudy Esquivias briefed the council on the item.United Metro Materials Inc.operates a batch plant just outside the city limits.Staff is recommending that theHArizona Department of Environmental Quality not renew the permit as it continues to exceed PM10 standards.The city is trying tO upgrade its standards.The vice mayor suggested staff formulate a strongly worded motion,and he read their suggested motion.Staff is basing its recommendation on the example that Hs right next door which is Chandler Redi Mix.Another:down the road,Apache Stone,is just finishing their improvements. council 'discussion_ recommended motion. no further discussion. Mayor Coleman opened the item to CouncilMember Eck stated he like the Mayor Coleman closed the item with Councilmember Eck MOVED THAT THE APACHEJUNCTION CITY COUNCIL DIRECT DEVELOPMENT SERVICES STAFF TO RESPONDJO ADEQ THAT THE PERMIT FOR THE U.M.M.I.BATCH PLANT LOCATED AT 2854 W.BASELINE AVENUE NOT BE RENEWED UNTIL SUCH TIME: AS U.M:M.I.TAKES STEPS TO BRING THEIR FACILITY INTO COMPLIANCE: WITH THE PINALCOUNTY AIR QUALITY CONTROL DISTRICT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 9 OF 12 STANDARDS FOR CONTROL OF DUST AND PARTICULATE MATTER.AT A MINIMUM,U.M.M.I. SHOULD BE REQUIRED TO IMPROVE THEIR PROPERTY WITH THE FOLLOWING:1) COMPLETION OF STREET IMPROVEMENTS ALONG THEIR BASELINE AVENUE FRONTAGE, INCLUDING PAVEMENT WIDENING,CURB,GUTTER AND SIDEWALK BUILT TO APACHE JUNCTION CITY STANDARDS;2)PAVED DRIVEWAYS PROVIDING INGRESS TO AND EGRESS FROM THE PROPERTY;3)PAVED INTERIOR PARKING LOTS,DRIVEWAYS AND OTHER AREAS WHERE VEHICLE DRIVING,MANEUVERING AND PARKING TAKES PLACE:4)STREET FRONTAGE LANDSCAPING,INSTALLED ACCORDING TO CITY OF APACHE JUNCTION ORDINANCE NO.940; AND 5)OTHER EXISTING AND ADDITIONAL CONTROL MEASURES TO BE APPROVED BY PINAL COUNTY. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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,JANUARY 14,2002,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 15,2002, IN THE CITY CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala reported on the National League of Cities Conference he attended in Atlanta.He brought back a number of brochures and tapes for the council and staff to review. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 10 OF 12 Mayor Coleman announced they currently have 368 entrants in the upcoming marathon event from 40 different states,including Alaska and Hawaii,and they also have entrants from England and Canada.The largest out-of-state contingent (15)is from Illinois.Usually 60%of the entries come in during the last 30 days and we are still 34 days out.The marathon is doing real well for a first time event. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:05 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 4,2001. 3.Recognition of Outstanding Service to the Community by City Employees. Employee receiving recognition is:Spencer Paden. 4.Award of Bid for Project No.PW 2001-36,Ten Cubic Yard Dump Truck,to the lowest responsible bidder,Freightliner Arizona.in the amount of $67,386.43. 5.Appeal Authorization for Cranmer v.Alexander,et al,Pinal County Superior Court #CV2001-00302. 6.Approval of Intergovernmental Agreement between the Clifton Police Department and the Apache Junction Police Department for four surplus police vehicles. ACCEPTED THIS 15TH DAY OF JANUARY ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JANUARY ,2002. DOUGLAS /COLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 11 OF 12 ATTEST: 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 18th day of December,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of December,2001. _Y of -KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18,2001 PAGE 12 OF 12