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HomeMy WebLinkAbout1999-03-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 16,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 16,1999,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 Pastor Ray Dugan gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Durbala led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present: Others Present: City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE FOLLOWING EMPLOYEES BE RECOGNIZED FOR THEIR OUTSTANDING SERVICE TO THE COMMUNITY:SERGEANT RICK SALMON;PUBLIC WORKS DEPARTMENT;YOUTH SERVICES LIBRARIAN LIZ BURKS;LIBRARY EMPLOYEE MARY -JOY ZUIK;AND THAT RESOLUTION NO.99-06,A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES, ARIZONA,DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 9,1999,BE APPROVED AND THAT RESOLUTION NO.99-07,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 1999 HIGHWAY SAFETY PLAN,BE APPROVED;AND THAT APPROVAL BE GIVEN FOR THE UNDERGROUND UTILITY EASEMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND SALT RIVER PROJECT, TO PROVIDE POWER TO THE 1,000,000 GALLON STORAGE TANK LOCATED AT 575 EAST BASELINE AVENUE,AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE NECESSARY DOCUMENTS;AND THAT ALL OF THE BIDS FOR PR 98-03,PROSPECTOR PARK PUMP STATION,BE REJECTED,AS THEY'RE SIGNIFICANTLY HIGHER THAN THE ENGINEER'S ESTIMATE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Reverend Raymond Dugan,514 S.Mountain Road,Apache Junction,addressed the council regarding "One Night for the Family",an Apache Junction Ministerial Alliance proposal.Beginning April 5,they would like to set aside Monday nights as time given over to strengthening family life.One of their members will be promoting the idea weekly in the newspapers and offering suggestions to families on how to increase their life together.The school district has agreed to avoid scheduling any activities on Monday nights,and they hope other organizations will join in.He asked that the city support the project by having the mayor proclaim that "One Night for the Family" be held on Monday REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 2 OF 10 nights in the city,by the city assisting them in publishing booklets and bumper stickers,by the city avoiding sponsoring any events on Monday nights where possible,by the city encouraging civic organizations to eliminate activities that occur on Monday nights,and by the city cooperating in periodic community -wide family night meetings together for fun,service projects or educational events. Mrs.Midge Conway,902 S.Ocotillo,Apache Junction,addressed the council protesting that GPA 98-03 and PZ 98-25 were not on the agenda.According to city policy,it should have been advertised following the work session and been on tonight's agenda,but it was not advertised and therefore could not be heard.She claimed the matter had been mishandled by the Planning Department as the developer had been driven around by staff and shown apartment sites, there had been no posting on the property until the day before the Planning and Zoning hearing and it was taken down two days later,and the developer was allowed to present something different to the council at the work session than he had presented to the Planning and Zoning Commission.Residents believed the public hearing before council would be March 16,as was reported in the Independent.She requested a special meeting with her group of protesters of 333 neighbors,which includes 33 of 57 owners of property within the 300' limit.She commented this has not been handled in the method prescribed by law.In addition,they had printed flyers advising the meeting would be held tonight on the strength of what the Planning Department had told them.They feel they have been treated unfairly. Mr.Elliott Fisher,547 E.Quail,Apache Junction,addressed the council regarding the way he has been treated by the papers,the challenge to his petitions instituted by Councilmember Insalaco,the discrepancy in the unofficial and official vote counts,the inability of anyone from the opposing parties to see the auditing process after the polls closed,the possibility of the mayor being paid by the state since he is a teacher and therefore being ineligible for office,the claim that he was lied to about anyone ever being challenged in an election,the inability of being able to get council minutes, the number of votes cast for the challengers showing that affordable housing and transit are wanted by the voters,and the behavior of a councilmember in past meetings. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 3 OF 10 City Manager Curtis Shook commented the general plan process has been going on for about a year now,including public hearings and other meetings with the public.A substantial draft is ready that will be sent to the Planning and Zoning Commission,whereupon their recommendation will be given to the council and more public hearings will be held.The process should be finished after the summer.This will set general parameters and directions for the city, allowing zoning and subdivision ordinances to be the tools to carry them out. In addition,he commented on the legislative session.The school impact fees bill got early support but was not passed.It appears it will get a lot of support next year.The state's vehicle license tax may be decreased,but the cities will be held harmless.The mayor and he attended a meeting in support of state-wide tax cuts not being on the back of cities and towns that rely on those monies to run some services.He believes some headway has been made on that.The state -shared revenues account for 22% to 24% of the city's budget. And today,House Bill 2429,the Incorporation Bill,was defeated by a wide margin,24-35.Reconsideration was sought this afternoon,but there were not enough votes.There is no matching bill on the senate side. Councilmember Durbala asked if public hearings could be held on the one issue for the Planning and Zoning Commission rather than tying up the rest of the meetings. City Attorney Joel Stern commented this discussion would be in violation of the open meeting law as it was not specifically on the agenda. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1074/ANNEXATION CASE AN-1-99/PRIVATE LAND AT THE NORTHEAST CORNER OF EAST APACHE TRAIL AND 1141H STREET )Development Services Director Glen Van Nimwegen briefed the council on this item.He stated staff recommends approval of this ordinance which will annex the 12.54 acre parcel located near the northwest corner of Meridian and Apache Trail and it will put into place equivalent zoning to what was approved in the county prior to annexation.The site will subsequently be developed into 92 units of senior cottages. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 4 OF 10 Mr.Elliott Fisher,547 E.Quail, Apache Junction,stated he could not see anything here.The presentation could not show him what this means.He thinks there should be a better way of showing these projects,such as creating a small scale model. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Eck asked how many steps follow the annexation. Development Services Director Glen Van Nimwegen stated the annexation will not be effective until 30 days from now.The zoning is in place so the next step would be building plan review. It will not come back before the Planning and Zoning Commission or the council.They are developing in accordance with the city's codes and requirements. City Attorney Joel Stern commented there is a development agreement which puts in place certain agreements.The developer has to go through the building permit process and council will not see this case again. City Manager Curtis Shook stated this is only an annexation.Council has already seen the building and site plans and approved them. Councilmember Eck commented the council is not making a decision on the information shown tonight:there was a lot more involved in the process. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1074 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 5 OF 10 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1074,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting.He added they would be going back to the City Manager's report to allow Mr.Shook additional comments. CITY MANAGER'S REPORT City Manager Curtis Shook commented there will be a public hearing scheduled for April 6,1999 on GPA 98-03,PZ 98-25.He described the public hearing process.In this case,the developer wanted to go back to the drawing board after the work session because of comments made by protesters and try to address those concerns.The developer specifically asked not to be on this agenda,and they cannot force a public hearing.In the past,the city paid for the public hearing and there was no public hearing due to lack of communication.As a result,the city allows for extension of public hearings when the applicant requests it.Staff did not hold this back or shuffle the hearing so that less people would come.He commented he had apologized to Mrs.Conway and believed this was caused by a lack of communication. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 6 OF 10 OLD BUSINESS. PRESENTATION OF "THE CROSSINGS AT APACHE JUNCTION" APARTMENT COMPLEX BY ENGLEWOOD DEVELOPMENT )Mr.Phil Nichols,14501 N.98' Place,Scottsdale,representing the developer of "The Crossings at Apache Junction",briefed the council on the item.This will be near the intersection of Apache Trail and Phelps Drive.The tax credit financing has been approved.Construction should begin in the next 30-45 days,depending on the building permit,site plan and landscaping approval process.He commented they had been given the final site plan for review and he had other renderings of the floor plans and elevations available. Mayor Coleman opened the item to council discussion. Councilmember Curbala asked if they would be paying the development fees at the time of the permit. Mr.Phil Nichols first stated yes, they would,then said he would have to change that answer as they have a request in to the city manager for a discussion on those.There apparently has been a miscommunication on that subject and they were told not to discuss it tonight. Mayor Coleman closed the item with no further discussion. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 7 OF 10 Councilmember Eck MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:30 P.M.IN THE CITY CONFERENCE CENTER ON MARCH 23,1999;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M. ON MONDAY.APRIL 5,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,APRIL 6,1999,IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala commented his uncle from New York City and his roommate are visiting and they had wished to attend a meeting so they could tell their city how to run one properly. Mayor Coleman commented a contingency from the city will be going to Denver this weekend in recognition of the police department receiving accreditation. This recognizes them as one of the top 3%in the nation. Mayor Coleman stated the Main Street Retreat was attended by several councilmembers last Saturday. Vice Mayor Surra commented the plans for the redevelopment area were discussed there.It looks like partnerships are developing among all of the municipal organizations in town,which could bring about everyone having one vision and then putting all of their efforts towards one goal.She thanked Sandie Smith for taking part in that retreat. Councilmember Eck congratulated Councilmember Urich,Vice Mayor Surra,Mayor Coleman and Councilmember Durbala on their re-election to office. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 8 OF 10 Councilmember Insalaco commented Superstition Sunrise RV Resort is having a St.Patrick's Day parade tomorrow.He will be the grand marshal. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:53 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Sgt.Rick Salmon;Public Works employees;Liz Burks;Mary -Joy Zuik. 3.Approval of Resolution No.99-06,Declaring and Adopting the results of the March 9,1999 Primary Election. 4.Approval of Resolution No.99-07 to submit a grant application to the Governor's Office of Highway Safety to pay for an engineering consultant to conduct the Apache Trail Corridor Safety Study. 5.Approval of Dedication of a Utility Easement to SRP for underground electric line to provide electric service to the well and 1 -million- gallon storage tank owned by Water Utilities Community Facilities District. 6.Authorization to reject Bid for PR #98-03,"Prospector Park Pump Station". ACCEPTED THIS 6TH DAY OF APRIL ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF APRIL 1999. REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 9 OF 10 DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY Gi 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 16th day of March,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of March,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 16,1999 PAGE 10 OF 10