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HomeMy WebLinkAbout1999-04-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 20,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 20,1999,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 David Watson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco 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:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 1 OF 13 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE FOLLOWING EMPLOYEE BE RECOGNIZED FOR OUTSTANDING SERVICE TO THE COMMUNITY:DEVELOPMENT SERVICES SECRETARY JAN KRONENBURG;AND THAT THE AWARD OF BID FOR PW 99-03,RAISE ALL MANHOLES AND VALVES ON IRONWOOD DRIVE BETWEEN US 60 AND WEST APACHE TRAIL BE AWARDED TO ARIZONA ROAD SPECIALTIES,INC.IN A BASE TOTAL AMOUNT NOT TO EXCEED $23,225.00 WITH AN ADDITIONAL 10% TO BE USED ONLY IN THE EVENT OF UNFORESEEN CONDITIONS RESULTING IN THE NEED FOR A CHANGE ORDER NOT TO EXCEED $2,322.50; AND THAT RESOLUTION NO.99-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AN APPLICTION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR TECHNICAL ASSISTANCE PURSUANT TO TITLE 41,CHAPTER 10,ARTICLE 8,ARIZONA REVISED STATUTES,FOR THE FEASIBILITY AND COST PLANNING OF AN AQUATIC CENTER,BE APPROVED;AND THAT RESOLUTION NO.99-14,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR TECHNICAL ASSISTANCE PURSUANT TO TITLE 41,CHAPTER 10,ARTICLE 8,ARIZONA REVISED STATUTES,FOR THE FEASIBILITY AND COST PLANNING OF THE CITY COMPLEX,BE APPROVED;AND THAT RESOLUTION NO. 99-15,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR TECHNICAL ASSISTANCE PURSUANT TO TITLE 41, CHAPTER 10,ARTICLE 8,ARIZONA REVISED STATUTES,FOR FEASIBILITY AND COST PLANNING OF IMPROVEMENTS TO RODEO GROUNDS AND EVENT CENTER,BE APPROVED;AND THAT RESOLUTION NO.99-16,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR TECHNICAL ASSISTANCE PURSUANT TO TITLE 41,CHAPTER 10,ARTICLE 8,ARIZONA REVISED STATUTES,FOR FEASIBILITY AND COST PLANNING OF CONFERENCE CENTER AND HOST HOTEL,BE APPROVED;AND THAT THE AWARD OF BID FOR PUBLIC WORKS 99-04,STREET OVERLAY MAINTENANCE FOR THE SLURRY SEAL OF APPROXIMATELY 4 MILES OF CITY STREETS,BE AWARDED TO SOUTHWEST SLURRY SEAL INC.IN A BASE TOTAL AMOUNT NOT TO EXCEED $88,750.00 WITH AN ADDITIONAL 10% TO BE USED ONLY IN THE EVENT OF UNFORESEEN CONDITIONS RESULTING IN THE NEED OF A CHANGE ORDER NOT TO EXCEED $8,875.00;AND THAT RESOLUTION NO.99-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,A MUNICIPAL CORPORATION OF ARIZONA,PROVIDING FOR COMPLIANCE WITH STATE OF ARIZONA GROWING SMARTER LEGISLATION PURSUANT TO HOUSE BILL 2361,1998 AMENDING ARIZONA REVISED STATUTE §9-461.05 ET SEQ;PROVIDING THAT THIS RESOLUTION SHOULD BE EFFECTIVE AFTER ITS PASSAGE AND APPROVAL,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 2 OF 13 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating May 16-22,1999 as National Public Works Week and then presented it to Public Works Director Doug Dobson. CALL TO THE PUBLIC Mr.Rick Gardner,685 W.Tepee,Apache Junction,addressed the council complimenting the quick response by the city to cleaning up a lot near his home.He had filed a complaint form less than a week ago with the assistance of Planning Secretary Jackie LeCount and the lot has already been cleaned. Pinal County Supervisor Sandie Smith addressed the council regarding the growing smarter legislation.She commented the legislature needs to be able to put the laws in place that the counties and cities need in order to carry out the wishes of the citizens.She read a resolution that their committee has signed which will be given to the growing smarter committee who will present it to the legislature,who will present it to the federal government. She stated she would leave one for citizens to sign,if they wished,and for the council to put on a later agenda if they wished to. CITY MANAGER'S REPORT City Manager Curtis Shook commented the first white goods event was held on Saturday,April 17,and the city collected 194 items.They will be stripped down from freon and electrical parts and then sold for scrap metal.He thanked Doug Dobson,Peter Plante,Paul Stears,Jim Cowles,Elaine Colburn, Mike Rush and John Bostick for their efforts.In addition,he announced there would be a joint work session between the council and the Main Street Program on Tuesday,April 27 at 6:30 p.m.He briefed the council on some of the items on that agenda. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 3 OF 13 OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT )City Clerk Kathleen Connelly briefed the council on this item.She commented state law requires holders of off track betting facilities licenses to come before the governing body annually in order to hold a public hearing on the renewal of that license. This is the annual request for the facility at Arizona Joe's Restaurant.The applicant was advised to be in attendance to answer any questions. Mr.Andy Kure,head of all off track betting for Turf Paradise Race Track,addressed the council.He commented they appreciated being here in the community. 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.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR RENEWAL OF THE OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT,SUBMITTED BY TURF PARADISE RACE COURSE ON BEHALF OF TURF PARADISE FOR SEPTEMBER 8,1999 THROUGH MAY 31,2000,PRESCOTT DOWNS FOR MAY 29,1999 THROUGH SEPTEMBER 6,1999 AND FORT TUTHILL RACETRACK FOR JULY 1-6,1999,BE APPROVED AND FORWARDED TO THE ARIZONA RACING COMMISSION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CASE PZ-4-99,APPEAL OF ORDINANCE NO. 940,LANDSCAPE & SCREENING REQUIREMENTS BY KRISTINE EMBACH )Associate Planner Rudy Esquivias briefed the council on the item.The property is at the northeast corner of Tomahawk and Old West Highway.This is for a landscape sales establishment and the applicant is requesting a waiver of the landscape setbacks on her property.This normally would require a 15'setback in front and 10'setback REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 4 OF 13 on the side.She has an unusual amount of right-of-way to contend with and she will have a wrought iron fence for people to see through;the property will appear to be landscaped anyway.The applicant is also requesting that the 6'masonry wall along the east boundary line be postponed for up to a year while she attempts to complete the purchase of the lot to the east of her.At this time she has constructed a chain link fence.According to the ordinance, the development services director may defer the construction of a wall for up to six months if a bond is posted.Trade offs on the property include the wrought iron fence,extra vegetation in the landscape area,a paved parking area with landscaping around it,and an improvement to the property by removing cargo containers and RV's.A permanent modular office will be installed.Staff is supportive of this applicant's request.The applicant will be installing over an acre of excess landscaping.The landscaping and wall would have to be extended if another piece of property is acquired. Staff also recommends a surety bond,cash deposit or assured letter of credit to postpone the masonry wall for one year. Mayor Coleman opened the item to council discussion. Councilmember Eck asked if there are percentages of landscaping based on lot size in Ordinance No.940,such as trees. Associate Planner Rudy Esquivias stated that for every 30'of street frontage,there has to be a tree;25% of those trees must be 24"box.The landscaping in this right-of-way is subject to the Parks & Recreation landscape standards,but the requirements are very similar. Vice Mayor Surra asked if the building is not built and occupied right away,could this end up being longer than a year. Associate Planner Rudy Esquivias stated they have a building permit pending and are waiting for their approval to start business on the property. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 5 OF 13 Vice Mayor Surra asked if it should then say that it should be a year from when the business is started or the service is provided. Associate Planner Rudy Esquivias stated it should be from the date business actually begins on the property. Councilmember Eck asked if a business license has been issued. Associate Planner Rudy Esquivias stated their business license has been approved. Councilmember Eck asked if it should start with when the business license was approved. Vice Mayor Surra disagreed,stating they could have had that prior to all of this going on.It should be from the date of the adoption of the ordinance. Associate Planner Rudy Esquivias stated the language was taken out of the code itself. Vice Mayor Surra stated that is only for six months;since i t is longer,they can make up their own language. City Attorney Joel Stern suggested "in an amount established by the development services director" be added to condition four following "assured letter of credit",if this is approved. Mayor Coleman closed the discussion and requested the applicant address the council. Kristine Embach,668 S.Goldfield, Apache Junction,stated staff had represented them well and they would do everything possible to make this a place the city could be proud of.She commented they would be adding boulders and cacti to the landscaping. Mayor Coleman opened the public REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 6 OF 13 hearing on the item.There being no public hearing and reopened the item for a very nice addition to the city. that area of the highway. on the item and called for a motion. one wishing to speak,he closed the to council discussion. Vice Mayor Surra thanked Ms.Embach She hoped it would provide a spurt to Mayor Coleman closed the discussion Vice Mayor Surra MOVED THAT THE APPEAL OF ORDINANCE NO.940 BY KRISTINE EMBACH,REQUESTING NOT TO HAVE TO LANDSCAPE A 15'WIDE STRIP INSIDE HER PROPERTY LINE AND THAT A MASONRY WALL REQUIRED ON HER EAST BOUNDARY LINE BE POSTPONED FOR UP TO ONE YEAR FROM TODAY'S DATE,4/20/99,WITH CONDITION FOUR BEING AMENDED TO READ "SUBJECT TO A SURETY BOND,CASH DEPOSIT OR ASSURED LETTER OF CREDIT IN THE AMOUNT ESTABLISHED BY THE DEVELOPMENT SERVICES DIRECTOR BE PROVIDED TO THE CITY OF APACHE JUNCTION DEVELOPMENT SERVICES DEPARTMENT,THE APPLICANT SHALL BE ALLOWED A POSTPONEMENT OF UP TO ONE YEAR",FROM THIS DATE,4/20/99,FOR THE CONSTRUCTION OF A MASONRY SCREEN WALL ALONG HER EAST SIDE PROPERTY LINE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. ADDENDUM TO AGREEMENT FOR PROFESSIONAL SERVICES WITH CSC/COUNTS FOR ADDITIONAL ELEMENTS IN GENERAL PLAN )Development Services Director Glen Van Nimwegen briefed the council on the item.This would extend the term of REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 7 OF 13 the agreement to September 1,1999;the scope of work is expanded;and additional monies are added not to exceed $10,000. Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented he did a good job of explaining things at the work session. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSC/COUNTS FOR THE DEVELOPMENT AND REVISION OF THE APACHE JUNCTION GENERAL PLAN TO EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 1,1999;EXPAND THE SCOPE OF WORK,REFERRED TO AS THE "WORK PROGRAM"IN THE AGREEMENT,TO INCLUDE ELEMENTS NECESSARY TO MEET THE GROWING SMARTER LEGISLATIVE REQUIREMENTS;AND TO AUTHORIZE EXPENDITURE OF ADDITIONAL MONIES FOR THE COMPLETION OF THE ADDITIONAL ELEMENTS IN AN AMOUNT NOT TO EXCEED $10,000,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION RESEARCH AND PREPARE A REPORT ADDRESSING POSSIBLE EXPANSION OF QUARTERLY CITY-WIDE CLEAN UP TO INCLUDE TIRES,BATTERIES, APPLIANCES.ETC. )Councilmember Urich commented she had brought this up at the work session on April 5°.She has had citizens voice their concern about why the city was not picking up more things.This could avoid desert dumping.With the recent white goods collection,it showed that the city does have the response here.She would like staff to research and prepare a report on the possible expansion of the quarterly clean ups. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 8 OF 13 Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked if these would be in addition to the current dates,or would they be part of those dates. Councilmember Urich suggested they leave that up to staff. Councilmember Eck commented he assumed it would be in addition to the current dates. Councilmember Durbala commented it should be separate. Councilmember Urich stated it could be something like the white goods pick up that just occurred this past Saturday. City Manager Curtis Shook suggested it be something staff can look into,that they can research and return with after the market is determined,and if it would be feasible to expand the program. Councilmember Dietz commented they might want to inform the residents as to what they can do:for instance,they can sell old batteries.They should be informed of the things the city cannot take,such as items that are hazardous materials.He would like to see staff look at the whole scope. Councilmember Urich agreed. City Manager Curtis Shook commented he thought the suggestion was a good one,and perhaps the city could put together a pamphlet directing people to the appropriate collection place. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE :9 OF 13 Councilmember Urich MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCH AND PREPARATION OF A REPORT ADDRESSING POSSIBLE EXPANSION OF QUARTERLY CITY-WIDE CLEAN UPS:TO INCLUDE BATTERIES,TIRES,APPLIANCES,PAINT,MOTOR OIL,ETC. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESEARCH AND BRING BACK INFORMATION ON THE FEDERAL INCOME TAX CREDIT HOUSING PROGRAM ) )Development Services Director Glen Van Nimwegen briefed the council on this item.He commented he had talked to the state today and he believes he has clarification on some of the issues that were raised at the work session.He believes council wanted staff to put together some criteria for reviewing those projects. Mayor Coleman commented he preferred to give direction for that information to be brought back before the council. Councilmember Eck asked if he wanted a work session on it. Mayor Coleman stated he did.He asked for any further discussion from the council.There being none,he called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCH AND INFORMATION ON THE FEDERAL INCOME TAX CREDIT HOUSING PROGRAM:THAT STAFF RESEARCH ANY ADDITIONAL INFORMATION CONCERNING THE FEDERAL INCOME TAX CREDIT HOUSING PROGRAM AND BRING BACK THIS INFORMATION AT A WORK SESSION UPON COMPLETION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 10 OF 13 The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,MAY 3,1999;AND AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,MAY 4,1999,AND OTHER MEETINGS IF NECESSARY. Vice Mayor Surra stated these should be held in the council chambers or conference center. Councilmember Dietz SECONDED THE MOTION. Mayor Coleman asked Councilmember Durbala about the other meetings. Councilmember Durbala commented that is what it says on the agenda,and he had asked the city attorney about it who stated it does cover the regular sessions. City Clerk Kathleen Connelly asked if those were the regular sessions as covered by ordinance. Councilmember Durbala stated that was correct;those are what the other meetings are. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Manager Curtis Shook commented he had received a telephone call from Cathy Connolly from the League of Cities and Towns informing him that HB 2026, a bill effecting redevelopment districts and tax increment financing,passed the floor of the senate.It will go on to the house next,where it should REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 11 OF 13 pass.This bill will effect our redevelopment district,he will know more in about a week or so. Mayor Coleman asked if any amendments had been offered. City Manager Curtis Shook stated Senator Harry Mitchell offered an amendment that would have grandfathered the current redevelopment districts,but i t failed on a straight party vote. City Attorney Joel Stern stated they could not speak much more on this subject as i t is not on the agenda. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:51 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 6,1999. 3.Recognition of Outstanding Service to the Community by City Employees Employee receiving recognition is:Jan Kronenburg. 4.Approval of Award of Bid PW 99-03 for manhole and valve raising on Ironwood Drive between U.S.60 and West Apache Trail to the lowest responsible bidder. 5.Approval of Resolution Nos.99-13,99-14,9945 and 99-16,Authorization for the City Manager to sign grant applications to Greater Arizona Development Authority (GADA)for technical assistance for planning of an aquatic center and City complex,and the feasibility and costing of improvements to the rodeo grounds/events center,and conference center with host hotel. 6.Approval for Award of Bid PW 99-04 for street overlay maintenance to slurry seal approximately four (4)miles of City streets. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 12 OF 13 7.Approval of Resolution No.99-11,Resolution for Public Involvement in the General Plan Process as required by the "Growing Smarter" Legislation of 1998. ACCEPTED THIS 4TH DAY OF MAY ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MAY DOUGLAS C Mayor ATTEST: X i:06V1/4—,a Fe_d4 KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION ,1999. 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 April,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of April,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 20,1999 PAGE 13 OF 13