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HomeMy WebLinkAbout1999-05-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 18,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 18,1999,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 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 Insalaco 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 Parks & Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 1 OF 13 Others Present:Assistant Planner Paul Michaud MIS Supervisor Brian Tschudy Lead Dispatcher Kathy Delaney Assistant to the City Manager Michael Munroe 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:PATROL OFFICER RON PAUL;PARKS & RECREATION DIRECTOR JEFF BELL;THE PARKS & RECREATION STAFF;AND PARKS WORKER JIM WALL;AND THAT APPROVAL BE GIVEN TO THE "FOOD FOR FINES" PROGRAM TO BE HELD JUNE 1 THROUGH JUNE 30,1999 AT THE APACHE JUNCTION PUBLIC LIBRARY;AND THAT DIRECTION AND AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH VISION SOFTWARE,INC.IN AN AMOUNT NOT TO EXCEED $475,000 FOR BID DPS 99-02,CAD/RMS/MOBILE SOFTWARE/HARDWARE FOR THE APACHE JUNCTION POLICE DEPARTMENT;AND THAT DIRECTION AND AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO NEGOTIATE FINANCIAL ARRANGEMENTS WITH VISION SOFTWARE OR AN ALTERNATE VENDOR THAT MEETS THE CITY'S REQUIREMENTS;AND THAT AUTHORIZATION BE GIVEN TO EXECUTE THE FINAL AGREEMENTS SUBJECT TO APPROVAL BY OUR CITY ATTORNEY;AND THAT RESOLUTION NO.99-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING THE MEMBERS OF THE LAND AND WATER CONSERVATION FUND COMMITTEE OF THE GROWING SMARTER COMMISSION OF THE STATE OF ARIZONA IN THEIR SUPPORT FOR THE REVITALIZATION OF FULL, EQUITABLE AND PERMANENT FUNDING FOR CURRENT AND FUTURE STATE AND FEDERAL LAND AND WATER CONSERVATION FUND PROGRAMS,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 2 OF 13 CITY MANAGER'S REPORT City Manager Curtis Shook commented Councilmember Urich had done a lot of work on transit systems.The city had put in for several small bus -like vehicles for transporting people.This afternoon the city received approval,under the Pinal-Gila Community Child Service Program,for a federal grant in the amount of $149,152.This will allow a fixed route bus service from Superior to Mesa. The bus would leave Superior at 5:30 A.M.and have stops in Apache Junction at Central Arizona College,the city complex,K Mart,Ironwood and Broadway and the Labor Express.It would continue on to East Mesa.It will run at four different times during the day and is scheduled to begin on July 1.There will be approximately 11-12 passengers allowed per bus.He then requested Glen Van Nimwegen to update the council on the general plan. Development Services Director Glen Van Nimwegen commented they had all been given copies of the process for adopting the general plan.He briefly described the process.Tentative adoption is set for the first meeting in August. PUBLIC HEARINGS PROPOSED RESOLUTION NO.99-18/FINAL PLAT FOR CONSTRUCTION OF 17 ADDITIONAL RV LOTS AT SUNRISE RV RESORT/CASE SD -98-02 )Councilmember Dietz abstained on this item due to a conflict of interest because he heard the item while sitting as a member of the Planning and Zoning Commission. Assistant Planner Paul Michaud briefed the council on the item.This is a re -plat of the original for Tract C,and he gave a brief history on the subject property.The council approved the preliminary plat by a vote of 3-2.The concerns revolved around lots 485 and 486.They do not meet the 25'width of the TH zone,being 22'in width. The lots will need to comply with the typical setbacks.The final plat is in substantial compliance,the applicant has complied with the required revisions for the final re -plat by the city engineer and planning.The resolution has two conditions,requiring that all remaining conditions of Ordinance No.1008 will apply,and that all applicable codes and regulations need to be followed. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 3 OF 13 resolution mentions Resolution No.98- commented the resolution approved the planned development amendment. applicant address the council. Councilmember Urich stated the 24,not Ordinance No.1008. Assistant Planner Paul Michaud preliminary plat,the ordinance is the Mayor Coleman requested the Mr.Pat Suddarth,the general manager of Sunrise RV,commented it has been a long process.He would like to set all the differences aside and progress with this.He requested council approve the project. 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 further discussion,he called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.99-18,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING FINAL SUBDIVISION RE -PLAT,CASE NO.SD- 98 -02,SUNRISE RV RESORT,TRACT C;WHICH IS ALSO A RE -PLAT AND RE -DESIGNATION OF USE FOR TRACT C AS APPROVED BY CASE NO.SD -83-01,SUNRISE RV RESORT,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:4-2-1.(Vice Mayor Surra and Councilmember Durbala voted in opposition. Councilmember Dietz abstained due to a conflict of interest.) The motion carried. PROPOSED ORDINANCE NO.1072/REVISIONS AND AMENDMENTS TO THE PERSONNEL RULES (WITH EMERGENCY CLAUSE) REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 4 OF 13 )Assistant City Manager George Hoffman commented the item had been discussed in depth at the previous night's work session.He was there to address any new questions. 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. Councilmember Durbala wanted to clarify which option they were looking at regarding the bereavement leave.He also wanted to go over the suggestions made by council last night on bereavement leave. C. discussion.There being none, ORDINANCE NO.1072 AND THE READING OF Mayor Coleman stated he liked Option Councilmember Dietz agreed. Mayor Coleman called for any further e called for a motion. Councilmember Durbala MOVED THAT ,OPTION C,BE READ BY TITLE. ONLY WITH THE EMERGENCY CLAUSE THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. Ordinance No.1072 ORDINANCE ADOPTED. Councilmember. Dietz SECONDED City Clerk Kathleen Connelly read ,Option C,by title only with the emergency clause. Councilmember. Durbala MOVED THAT NO.1072,OPTION C,AS READ BY THE CITY CLERK,BE APPROVED AND Councilmember Insalaco SECONDED THE REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 5 OF 13 MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. RESOLUTION NO.99-08/TRAFFIC CALMING POLICY AND PROCEDURE )Public Works Director Doug Dobson briefed the council on the item.The provisions requested at the first work session have been added,and the item was discussed in depth at the previous night's work session regarding those changes. Mayor Coleman called for any council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.99-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING A POLICY ON NEIGHBORHOOD TRAFFIC CALMING FOR SELECTED PUBLIC STREETS IN RESIDENTIAL AREAS,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS. PROPOSED RESOLUTION NO.99-10 AUTHORIZATION TO SUBMIT PROPOSAL: FOR PROJECTS TO BE CONSIDERED INARIZONA'S 1999 HIGHWAY SAFETY PLAN )Public Safety Director Robert: Warner briefed the council on:the=item.This is a grant application tote submitted to the Governor's Office of Highway Safety.It would cover items requested in the 1999 -2000 -budget year.The grant application requires that -a REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 6 OF 13 resolution authorized by the city council approving the application be included with the submission of the application.They will learn if the application was successful by October,and the amount is slightly in excess of $84,000. Mayor Coleman called for any council discussion.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.99-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 1999 HIGHWAY SAFETY PLAN,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DISCUSSION AND DIRECTION TO STAFF TO RESEARCH AND BRING BACK RECOMMENDATIONS CONCERNING THE ARIZONA PRESERVE INITIATIVE )Councilmember Eck commented there is a good possibility of acquiring some of the land on both sides of our equestrian trail.He added staff has already been working on it,he would like to see them continue working on it and see how the growing smarter legislation will pertain to it,and if the city will be able to acquire the land. Mayor Coleman called for any council discussion. Councilmember Durbala requested Jeff Bell give them a little more information. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 7 OF 13 Parks & Recreation Director Jeff Bell commented it is being addressed in the capital facilities plan and he would bring them a more detailed report individually if they would like.He believes the capital facilities plan will be coming to them in the near future. Councilmember Durbala asked if they would be researching whether this would allow them to purchase Bureau of Land Management as well as State Trust land or to get a lease agreement. Parks & Recreation Director Jeff Bell commented this deals strictly with State Trust land.All of the Bureau of Land Management land in the city has already been taken up by the city,the school district or fire district.The only exception is Silly Mountain: Central Arizona College just terminated their lease.Staff is working on obtaining that lease.There is some Bureau of Land Management land available up in Sections 1 and 2 outside the city limits.These are active mining claims:they cannot be leased until the mines are inactive. Mayor Coleman asked if they were within the city limits. Parks & Recreation Director Jeff Bell stated they are outside the city limits. City Attorney Joel Stern commented that although they may be outside the city limits,it does not prohibit the city from attempting to acquire the lease. Parks & Recreation Director Jeff Bell added they had submitted an application to lease that property 10-12 years ago.Bureau of Land Management stated about four years ago that they could not free up the land from the mining claims and asked that the city relinquish the lease until the mining claims were clear.The council took action to relinquish the lease,and staff stays in contact with the Bureau of Land Management about the land.As soon as the land is free and clear,the city should have first option on a lease and it can then reapply for those lands. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 8 OF 13 Mayor Coleman asked if the land east of Barkley is state land. Parks & Recreation Director Jeff Bell stated it is all Tonto National Forest. City Attorney Joel Stern commented there may be some federal provisions that do allow for a developer to exchange certain lands.He is not sure federal forest land is under those provisions. However,down in southeastern Arizona developers have made deals that way.He could do further research into whether it was possible to exchange the land here,but he does not believe it will likely happen. Councilmember Eck believes it would be valuable to the community to get the land if the city can do so. Parks & Recreation Director Jeff Bell stated he has contacted other municipalities who have gone through such requests to get land reclassified.He is getting copies of petitions from Fountain Hills and the Superstition Area Land Trust,as well as from the Lyle Anderson group.These applications were all successful. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCH AND RECOMMENDATIONS ON THE USE OF THE ARIZONA PRESERVE INITIATIVE FOR STATE LAND DESIGNATIONS: THAT STAFF CONTINUE TO RESEARCH THE ARIZONA PRESERVE INITIATIVE AND THE EFFECTS THAT GROWING SMARTER LEGISLATION WILL HAVE ON THE INITIATIVE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF CONCERNING A REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES TO REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 9 OF 13 ASSIST IN THE CABLE LICENSE AGREEMENT PROCESS )City Manager Curtis Shook briefed the council on the item.The city is going through a Federal Communications Commission designated period for renewal and relicensing discussion regarding Triax Cable.The public has been involved through surveys,an advisory committee,and personal responses to complaints.The wants and desires of the community in their cable service have been built.These will go into an agreement to be forwarded to Triax.Staff has devoted a lot of time studying the industry which has very complex rules.He requested council allow them to have the legalities and technology upgrades proposed in the contract checked over by an industry expert.It should not be costly;funding was left in this year's budget for this expense. Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked if the consultant would help the city find the legal and appropriate way to state our needs and desires so that i t is not offensive to management during the negotiations.It needs to be approved by the Federal Communications Commission,and it should be able to be enforced and held to. City Manager Curtis Shook commented he believes the city attorney and Michael Munroe have a handle on the legalities and the basic technology,however,they do not work exclusively in that field.He would like to have the document reviewed by someone who does work exclusively in that field to make sure everything is stated properly and in the proper order. Mayor Coleman asked if there is an amount not to exceed. City Manager Curtis Shook stated he did not believe it would be more than $5,000.They had anticipated reviews that cost in the neighborhood of $2,000.They are really looking at having the final language reviewed regarding the technology they are seeking to have put into the cable system. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 10 OF 13 Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING A REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES TO ASSIST IN THE CABLE LICENSE AGREEMENT PROCESS:THAT THE CITY MANAGER PROCURE A CONSULTANT'S PROFESSIONAL SERVICES TO ASSIST IN CABLE LICENSING NEGOTIATIONS AND PROCEDURES UP TO $5,000. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Durbala commented since May 31,1999 is Memorial Day holiday,he requested that no work session or executive be held on that date.He MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND WORK SESSION AT 6:00 P.M.ON TUESDAY,JUNE 1,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Dietz commented the American Legion had a fund raiser for their young athletes on April 24.They raised $1,500 for the new Lost Dutchman League,which will be a new Pop Warner football league.Parks & Recreation received $500,of which $300 was from the Pool Partners jugs,and another $125 went to the Little League on top of the $1,000 they had already received. They also presented Beth Cowles a plaque for her dedication to the children in the Apache Junction youth programs. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 11 OF 13 Councilmember Urich commented she had attended the Pinal County Town Hall last week on children and youth.She found it extremely worthwhile and hopes that a lot of good suggestions will come out of it. Councilmember Insalaco announced the city picnic for this weekend which will include a golf tournament.Vice Mayor Surra will be one of Councilmember Durbala's golf partners and he presented her with a shirt to wear. Vice Mayor Surra commented anyone looking for entertainment should come out and see her play,as she has never had a golf club in her hand before and she will not practice before the tournament.The tournament starts at 7:30 A.M. Assistant City Manager George Hoffman announced the city was presented a plaque at the Pinal County Town Hall by Pinal County for being a supporter of the town hall for the past ten years. Mayor Coleman commented the dog track held an event on last Saturday for the Boys and Girls Club.The Platters came and sang at the 60's theme event. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:43 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of May 4,1999. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Officer Ron Paul;Jeff Bell & Parks and Recreation Staff;Jim Wall. 4.Approval of "Food for Fines" Program to be held June 1-30,1999 at the Apache Junction Public Library. 5.Approval and authorization for City Manager to negotiate and execute an agreement with Vision Software,Inc.(not to exceed $475.000)for CAD/RMS Software System for Public Safety Department. REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 12 OF 13 6.Approval of Resolution No.99-19,Supporting Land and Water Conservation Fund Committee in their support of funding for federal and state programs. ACCEPTED THIS 1ST DAY OF JUNE ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JUNE 1999. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS OLEMAN 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 18th day of May,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of May,1999. THLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 18,1999 PAGE 13 OF 13