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HomeMy WebLinkAbout1999-12-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 7,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 7,1999,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 Councilmember Insalaco 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 Insalaco Councilmember Urich Staff Present: Others Present: REGULAR MEETING OF THE DECEMBER 7,1999 PAGE 1 OF 16 City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Finance Director Keith Lewis Development Services Director Glen Van Nimwegen Accountant John White CITY COUNCIL Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Councilmember Urich MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:POLICE OFFICER RAY OBERG;MAINTENANCE WORKER KEITH BEDWELL;AND THE PARKS AND RECREATION DEPARTMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman presented the Government Finance Officers'Association of the United States and Canada Financial Reporting Achievement Award to Accountant John C.White.This is for excellence in financial reporting.These reports must adhere to program standards and the award represents the highest award in government reporting. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,commented about the city stopping a referendum from reaching public vote on two occasions due to "technicalities". CITY MANAGER'S REPORT City Manager Curtis Shook stated Fry's had been undergoing a merger process which has now been completed and we are now receiving plans for a number of new businesses in the plaza,including a few restaurants.The redevelopment district is now ripe for development and new improvements are anticipated. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR FRY'S REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 2 OF 16 FOOD STORE #65 )City Clerk Kathleen Connelly briefed the council on the item.This license is being refiled due to a change in corporate officers.She was not sure if the applicant was present. Mayor Coleman requested the applicant address the council.No one came forward.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.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 9 LIQUOR LICENSE SUBMITTED FOR FRY'S FOOD STORE #65 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1110/REZONING CASE PZ-14-99 BY EPIPHANY LUTHERAN CHURCH )Associate Planner Rudy Esquivias briefed the council on the item.This is a 5 acre property just east of Valley Drive on the north side of Superstition Boulevard.It is presently zoned general rural.This is for a proposed adult day care center and the building is already on site;the applicants are requesting a rezoning to CR- 4/PD which will allow them to have the adult day care center yet still limits other uses allowed on the property.They plan to serve no more than 25 people.They will follow state guidelines for staffing determination.Staff has recommended that morning drop-offs and afternoon pick-ups be limited to using Superstition Boulevard.The operating hours will be 8 a.m.to 5 p.m. The Planning and Zoning Commission voted unanimously for this rezoning.There is no wall separating the two church properties but staff does not feel i t is necessary;they are leaving that to council's discretion.One of the stipulations in the ordinance limits the uses to the church only;no multiple family residences are to be permitted now or at a later date.They will also REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 3 OF 16 use van services when possible.The preliminary plat and final plat are waived as this is an existing lot.The day care center has to be developed within 24 months of the rezoning.There were questions by surrounding residents on the center,but no protests were filed and most residents were supportive of the request. Mayor Coleman requested the applicant address the council. Mr.Erich Schoenfeld addressed the council and stated he had nothing further to add as Rudy had done an excellent job of briefing the council on the item. Ms.Carol Grosso,site manager for the East Valley Adult Day Health Care facility in Mesa,addressed the council. She will also oversee the site in Apache Junction.She commented they will generally be targeting the older population with diagnoses from stroke to Alzheimer's Disease and others.It is a daytime recreational program only. There will be a registered nurse on staff.There had been concern expressed over Alzheimer's patients leaving and wandering around,but once they are to that point they are beyond the level of care for this facility so that should not happen.They will be providing transportation services,and they are going through the licensing process now. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any council discussion. Councilmember Eck commented he thought this is a fantastic idea and it is very much needed in the community. He does not believe they need a wall between the two churches. Mayor Coleman agreed they should not need a wall. Vice Mayor Surra stated her only concern was that they be licensed and they are going currently going through that process.She agreed it should be a great project. Mayor Coleman closed the discussion REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 4 OF 16 and called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1110 BE READ BY TITLE ONLY 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. Councilmember Eck MOVED THAT ORDINANCE NO.1110,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON CAPITAL FACILITIES PLAN AND APPROVAL TO ACCEPT THE CAPITAL FACILITIES PLAN AS PRESENTED )City Manager Curtis Shook briefed the council on the item.He commented there have been numerous public hearings on this plan and he was there to answer any questions by the council on the plan. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He does not believe the city hall and the recreational upgrades for the community should be tied together.He REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 5 OF 16 believes they should be separate issues;he will try to separate the two issues if he can. Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho Road,Apache Junction,addressed the council.She reaffirmed the county's support regarding the multi -generational center and anything else that could be put on the 17 acres designated for that facility. She commented the Boys and Girls Club is going through their process to make a commitment to the multi -generational center.She believes putting all the age groups together at the multi -generational center is good planning on the part of the community.She added the county's Lost Gold Mine Trail has been approved to be connected to the city's trail system. Mr.Ken Bone,171 S.La Barge, Apache Junction,addressed the council.As a parent and a user,he can see the need for improvements at the swimming pool.He is in favor of the project. Mrs.Sandy Burnham,5691 E.Calle Mirage,Apache Junction,addressed the council.She stated her family is very much in favor of the proposed aquatic center.Her children have been involved on the swim team and have used the pool for the past 12 years.While the team is competitive,the facilities are not.They are embarrassed to have other teams use the locker rooms. Rachel Burnham,5691 E.Calle Mirage,Apache Junction,addressed the council.She has been swimming at the pool since she was 3 and has been on the swim team since she was 5.She is now 14 years old.She stated they would appreciate a new facility as i t is their home away from home.The water pressure at the current facility only works on about half of the showers at a time so it causes a real problem at the end of practice.She added they have a great coach and they would like to have a USS year round swim team. James Burnham,5691 E.Calle Mirage, Apache Junction,addressed the council.He is 9 years old and has been swimming for seven years,with the last three being on the swim team.He enjoys making friends there,working hard and learning how to go fast.He would like to see a larger and nicer pool,plus better showering facilities. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 6 OF 16 There are not enough working showers for the team.He also complained that the pool is cold. Mr.Bret Stilson,1053 S.Warner, director of the Boys and Girls Club,addressed the council.He is an advocate of the multi -generational center complex,and commended the city for the work and ideas put in on the capital facilities plan,including the swimming complex and the skateboard park.He commented everything is very well thought out and complimented the city on how it intends to fund the plan.He appreciates all the work and is happy to see all the positive things for the kids. Laura Jackson,a member of the Boys and Girls Club,addressed the council.He commented that the club had made a huge difference in his life,making him more positive.He requested a larger facility as there is not enough space for all of their activities. Mrs.Connie Lane,president of the Boys and Girls Club,addressed the council.She believed the previous children spoke for all of the children of Apache Junction,and she is proud that the city is finally stepping forward and doing something for the kids. Her daughter did not have a place to go to when she was growing up and she had to make sure she kept her involved in school activities.She talked about the struggles of the Boys and Girls Club at the beginning,how they have now grown to over 200 members and their use of nationally renowned and award winning programs.She thanked the city for giving children a place to go and for bringing together the two age groups at the multi -generational center so that they could learn from each other. Mrs.Pat Richmond,3080 W.16th Avenue,addressed the council.She agreed with everything that had been said about the pool.She commended the city for partnering with the school district and the county to get some of these things accomplished.She has had people ask her why a new city complex is needed when kids are still attending school in modular buildings.She checked and the only school still using modular buildings for classes is Four Peaks Elementary.She believes the city needs to better its image,and to do so it needs to move out of modular buildings.She supports the whole plan. Mr.Tom Schulke,1889 S.Palo Verde, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 7 OF 16 Apache Junction,addressed the council.He commented he recently moved from another Arizona city that has a sales tax that is one percent lower than what is proposed here and they do not have a pool.He is still unconvinced about the treatment of the existing city space.He would like to see an attempt to make use of it as storage or see if it can be used somewhere else within the community rather than having it torn down or just go vacant.He asked if they had considered phasing in building the city complex.In addition,he is concerned about the language concerning the expenditures.He hopes it will be clear that six million in existing funds will also be used,and what the additional costs to the community will be.He agreed with the suggestion by Mr.Fisher that these be voted on separately instead of in one lump sum package.He does not want to see a facility built that has little community support.The citizens should also not be put in the bind of deciding if they want to vote for the entire proposal if there is something they do not want. This could or could not force them to vote no on the proposal.He also does not think it is fair to force the people who may be in the minority to pay for something they do not want.He asked people to put themselves in the other's shoes before voting on this. Mrs.Jean Perkins,616 N.Cactus, Apache Junction,addressed the council.She commented this is long past due and none of it should be refused.She added if there was anyone who thought a new city complex was not needed,they should come down and visit some day to see how badly needed it is. Mayor Coleman closed the public hearing with no one else wishing to speak.He led off the council discussion on the item.He read a letter from a former student,Nichole Rocha,who is now living in Redlands,California,which described problems with the swimming pool facility and her hope that the city would go forward with improvements to the pool.He commented the council and the community have worked to put together a comprehensive plan that could meet the needs of the community for several years.He commented that many of the people who spoke this evening cannot vote because they are too young.Everyone tried to put together a package that was needed by everyone.Some may pick and choose and say they do not need certain parts,but this is a comprehensive package of what the community needs.It is as all encompassing as possible.Though some people may not use every part of it,especially everyday,they will use the other parts in it.It will give the kids places to go.He supports the plan and feels the city should go forward.The needs have been looked at,talked REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 8 OF 16 about,and discussed at a town hall where it was the major topic.He commented they need to put the entire package before the public and let them decide. Councilmember Eck commented when he was first elected to the council his only goal was to have a new aquatics center.After all the public meetings and hearing from other organizations such as the Boys and Girls Club and the horsemen's association,and hearing that the city court is out of compliance with the state,he has come to see that a comprehensive plan was needed.This is an accumulation of all the things the city needs.He believes it is an excellent plan,that it will benefit the community,and he is proud of the plan. Vice Mayor Surra commented this plan is not only building structures,it is building programs that equate to the quality of life.The quality of life that we have now is not meeting the expectations of the people who live here and want to live here.Her children are grown and gone,but she has advocated for the youth activity facilities that are planned for here because they are needed for the community.Though they cannot put in everything that is wanted,this is doable.The city can afford to do this.It already has half of the money that is needed and this is a good time to do this.She does not believe it will take ten years. Those things impacting the youth should be done very quickly;since they grow up fast they need those things quicker.And while she may not use the skateboard park or the swimming pool,she will be using the city complex as she intends to at least be on a board or commission in the future.She supports the entire package.And in the future there may be another capital facilities plan someday,one that may include a little municipal golf course. This one,however,addresses a lot of the issues on things that are needed now. Councilmember Insalaco commented he had made a statement about how outdated the city complex is at the last meeting,and that the workers needed more space.There was a comment in the paper that the city councilmembers wanted the city complex for themselves.He is only there for a four year term unless he gets re-elected.He does not need any more space than he currently has.The workers and the people who come to do business in the city need the new facility.It is way outdated. He comes from a city half the size of Apache Junction that has a better city hall complex that is 40 years old.This was fine way back when,but a new REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 9 OF 16 facility is needed now so that the city can run more efficiently.As for the pool,his kids are gone and he will not need it,but the community needs it. And as far as he knows,the democratic way is the majority wins. Councilmember Durbala commented the capital facilities plan is for children to assist them in developing better social skills,which will in turn keep down crime and make for a better educated population.He believes the children will take pride in the facilities and volunteer to help at them,especially the skateboard park,the pools and the multi -generational center.He believes the city complex should be upgraded as i t is hard to bring in a developer and try to get the best development possible when he looks at what the city hall looks like,plus the overcrowding issue.He believes it should all be considered as one package, and he thinks the voters will approve this because of what it means to the community as a whole.He would also have liked to have seen a golf course, but that can come later.He does like the programs that are in this plan and he thinks i t is what is best for the community.He asked everyone to tell everyone they know why this needs to be voted in by the community.This will keep the kids off the streets and these are some of the programs that will help.Parks and Recreation may be able to add some real good programs at the multi -generational center,and the school district is allowing the city to have another baseball field which will assist with the Little League and other organizations.He does not believe the .002 percent added sales tax,adding only one penny for every five dollars,will create any problems for anybody. He asked everyone to tell their neighbors and friends to vote yes for the capital facilities plan. Councilmember Urich commented when she moved here six years ago the police department was in the building next door.They now have a new building and she believes their morale has improved because of it.We have dedicated employees working in drastic situations and it is not fair.They are cramped,very cramped -even in the storage areas. And though she does not have any children,she is concerned about the youth. A teenager asked her the other day to please get them a skateboarding park as there are signs all over town not allowing them to skate anywhere.She believes the entire package is what the citizens of Apache Junction want.All the ones she has talked to want it,and they want it as a package deal.The city has a hometown atmosphere,and they want to keep the hometown atmosphere. Councilmember Dietz commented he REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 10 OF 16 thinks i t is a very good package that is long overdue.With the current and projected growth the city is seeing,now is the time to get it done so that it is there for later down the road.He thinks i t is a great program. Vice Mayor Surra commented the city built a library before they built any other permanent building,which should tell you about the people in government here.The community needs are put first and they are doing it again now.Back then,the Friends of the Library requested a new library.The city listened to them and built one.Now other groups are requesting facilities,and the city is trying to make their lives a little bit more pleasant.And for those forty percent of the people who do not want to pay for what the sixty percent want,the financing is set up as an increase in sales tax,which is minimal.If they do not wish to support the projects,then they may want to shop elsewhere.It does not come out of their pocket any other way,so they will still have a choice. Councilmember Eck commented they need to remind people that they are also talking about a multi -generational center.It will double if not triple the space the current senior center so the seniors will definitely benefit.He wanted to make sure the seniors were aware that they were included in the plan. Mayor Coleman commented he was afraid to do "around the world" during his yo-yo demonstration due to the size of the room there.He then closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE CAPITAL FACILITIES PLAN BE ACCEPTED AS PRESENTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 11 OF 16 Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.99-64/DECLARING THE TAX CODE AMENDMENTS A PUBLIC RECORD: PROPOSED ORDINANCE NO.1112/ADOPTING BY REFERENCE THE 1999 CITY TAX CODE AMENDMENTS )City Clerk Kathleen Connelly briefed the council on the item.These two documents are the result of the work of the Arizona State Legislature in the last session,which resulted in a group consisting of the Unified Audit Committee,the Arizona Department of Revenue,the League of Arizona Cities and Towns and the Arizona Tax Research Association.Following the 1999 legislative amendments,it became necessary for amendments to be made to the Model Tax Code.Every city in Arizona has adopted this.The proposal primarily consists of those statutorily mandated changes along with some politically correct changes.There are also some minor changes that came from the business sector.The resolution declares the tax code changes as a public record,the ordinance adopts them by reference. The Arizona Department of Revenue wants these changes effective as of January 1,2000,so both documents have been written with the emergency clause.This allows the city to meet the state requirements. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak,he closed the public hearing and opened the items to council discussion.There being no council discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.99-64,A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED THE 1999 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA",AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 12 OF 16 The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO.1112 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Dietz MOVED THAT ORDINANCE NO.1112,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. AUTHORIZATION TO PROVIDE NOTICE TO PINAL AND MARICOPA COUNTY RECORDERS OF MAY 16, 2000 SPECIAL CITY ELECTION )City Clerk Kathleen Connelly briefed the council on the item.State law requires a 120 day notification be sent to the recorders of the respective counties who are responsible for providing the election materials to the city.If this action is approved,the letter will be sent tomorrow. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 13 OF 16 Mayor Coleman called for any council discussion on the item.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT THE CITY CLERK BE AUTHORIZED TO PROVIDE NOTICE TO THE PINAL AND MARICOPA COUNTY RECORDERS OF THE CITY'S INTENT TO HOLD A SPECIAL ELECTION ON MAY 16 OF THE YEAR 2000 FOR THE PURPOSE OF VOTER CONSIDERATION OF THE CAPITAL FACILITIES PLAN AND RELATED FINANCING OPTIONS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION CODES OF CONDUCT AND ETHICS FOR CITY OFFICIALS )Councilmember Urich commented that based on last night's discussion,Vice Mayor Surra and she would be working as a committee to bring something back to the council.At this point there will be no direction to staff. Mayor Coleman opened the item to council discussion.There being no discussion and no motion was1 needed due to Councilmember Urich's comments,he closed the item and moved on to the next item on the agenda. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JANUARY 3,2000,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 4,2000,IN THE CITY CONFERENCE CENTER. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 14 OF 16 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala invited the council to the VFW in ABCO Center on December 28.He will be cooking hamburgers from 4:00 p.m.to 7:00 p.m. However,they will have to pay for their own. Councilmember Eck wished everyone a very happy holiday season and the remainder of the council concurred. Mayor Coleman commented he had a good time at the light parade last Friday night.It was fun and well attended. Vice Mayor Surra stated she represented the city last Friday night at the festivities in Mesa when they opened up their downtown.She is looking forward to the Apache Junction redevelopment as she could see some real possibilities.She added they have a small sculpture exhibition on loan which she encouraged everyone to go see.She also enjoyed Mesa's holiday lights. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:22 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 16,1999. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Ray Oberg;Keith Bedwell;Jeff Bell and and the Parks & Recreation Department. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 15 OF 16 ACCEPTED THIS 4TH DAY OF JANUARY ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF ATTEST: f ; e 1 & / 21-76' P l KATHLEEN CONNELLY City Clerk JANUARY cJj— DOUGLAS CqtEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,2000. 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 7th day of December,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of December,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,1999 PAGE 16 OF 16