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HomeMy WebLinkAbout1998-11-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 17,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 17,1998,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. INVOCATION Pastor Dave Watson gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Library Director Pam Loui Public Works Director Doug Dobson Others Present:Associate Planner Rudy Esquivias ACCEPTANCE OF :CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE REGULAR,UNDER OLD BUSINESS,ITEM NO.10 BE REMOVED;THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS AND RECREATION DEPARTMENT;PATROL OFFICER JEFF ROBINSON;AND THAT RESOLUTION NO.98-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION;DESIGNATING REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 1 OF 9 THE DEADLINE FOR VOTER REGISTRATION;AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS,BE APPROVED;AND THAT THE AMENDMENT TO THE STATE/LOCAL GOVERNMENT LEASE FOR THE UPGRADE AND EXPANSION OF THE EXISTING DEFINITY G3S1/INTUITY AUDIX SYSTEM TO SERVICE THE MAIN CITY HALL COMPLEX,LIBRARY AND POLICE DEPARTMENT BE CONTINUED TO ALLOW FOR ADDITIONAL INFORMATION;AND THAT THE FLEXIBLE SPENDING ACCOUNT (FSA)AGREEMENT WITH BENEFITAMERICA,INC.,FOR HEALTH FLEXIBLE SPENDING ARRANGEMENT OR DEPENDENT CARE ASSISTANCE FLEXIBLE SPENDING ARRANGEMENT PER IRS SECTION 125 BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE NECESSARY AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY;AND THAT THE AGREEMENT BETWEEN ARIZONA PEACE OFFICER TRAINING FUND AND THE CITY OF APACHE JUNCTION FOR A GRANT FOR TRAINING SATELLITE CONNECT BE APPROVED,AND THAT AN EXPENDITURE OF $10,000,NOT TO EXCEED $70,000,WITH BAKER AND TAYLOR,INC.FOR THE PROVISION OF LIBRARY MATERIALS FOR THE CITY OF APACHE JUNCTION PUBLIC LIBRARY FOR FISCAL YEAR 1998-99 BE APPROVED,SUBJECT TO BAKER AND TAYLOR BEING AWARDED A STATE CONTRACT,AND THAT ITEM NO.10,THAT,REQUEST FOR RECONSIDERATION OF THE RESOLUTION NO.98-31 BE DELETED,AND THAT WAS AT THE REQUEST OF THE COUNCILMEMBER WHO REQUESTED THAT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Don Hazelton,675 W.Broadway Avenue,Apache Junction,addressed the council regarding Aurora House,an assisted living program.He offered free use of the meeting facilities to the community,with rooms that can accommodate from 6 people to 80 people. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council regarding the council retreat.She suggested going away to a motel in town and having rest periods throughout the day.She added the Planning and Zoning Commission should be included. CITY MANAGER'S REPORT None. PUBLIC HEARINGS CASE PZ-20-98,APPEAL OF ORDINANCE NO.940/ REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 2 OF 9 LANDSCAPE AND SCREENING REQUIREMENTS,BOB & BEVERLY WILKENING,APPLICANTS )Associate Planner Rudy Esquivias briefed the council on this item.They are appealing the requirement of a masonry wall around their property on Coconino just north of Southern.They currently have Apache B & B Cactus on Idaho and are proposing a similar business behind and to the west of that business,with the new business being located on Coconino.They are concerned that they would be the only business in the area with a wall and it would make them harder to see by the public. They are also concerned it would encourage theft and vandalism.Mr.Wilkening believes i t is a high crime area.He commented most appeals usually involve some trade-offs,and with this one the owner would add an additional 50 sq.ft. of landscaping than is minimally required.Staff has suggested that he install all mature plants as an additional trade-off,and Mr.Wilkening offered to use cactus.Insofar as groundcover,Mr.Wilkening proposes prickly pear cactus on the street side.On the north side,he is proposing more traditional types of groundcover to go with the retention area.He will use two different colors of decomposed granite to provide a little more variety. The council voiced several concerns at the work session,including suggestions of a wrought iron fence.The Wilkenings propose to erect a chain link fence. The cost factor is of concern to the applicant,with a difference of approximately $7,500 between the chain link fence and the masonry wall.He had suggested a live fence idea such as ocotillos,and the applicant has stated he would think about it. Mayor Coleman asked what the cost of a wrought iron fence was compared to a masonry wall. Associate Planner Rudy Esquivias commented the applicant had priced those and it is apparently over the $10,000 range. Mayor Coleman asked if the masonry wall was less expensive. Associate Planner Rudy Esquivias stated it was a little less. Councilmember Urich asked who had made the determination that it was a high crime area. Associate Planner Rudy Esquivias stated Mr.Wilkening had commented on that to him.Apparently there was a business in the area that was burglarized a couple of years ago.I t involved an area between two buildings that was difficult to see into. wall was less expensive. stated it was a little less. Councilmember Urich commented he apparently then determined it was a high crime area based on that report. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 3 OF 9 stated it would be inside the fence. Assoicate Planner Rudy Esquivias stated he may have other examples. Councilmember Urich commented she was unaware of that area being a high crime area. Councilmember Eck asked what is on Lot 380,as this involved Lots 377,378 and 379. stated i t is the Eagles,which was vacant. Associate Planner Rudy Esquivias actually take up about 4 lots. Councilmember Eck asked if Lot 376 Associate Planner Rudy Esquivias stated i t is vacant and i t is owned by the applicant and his daughter. Councilmember Eck asked if the increased landscaping would be necessary where the block wall would have gone. Associate Planner Rudy Esquivias stated the wall would go on the property line.The landscaping will be inside the wall. Councilmember Eck asked if this was a choice between a block wall and a chain link with landscaping inside. Associate Planner Rudy Esquivias stated that is correct. Councilmember Dietz commented the landscaping would be on the inside of his property line. Associate Planner Rudy Esquivias Councilmember Dietz commented i t would be his business,then the landscaping,then the chain link fence and then the road. Associate Planner Rudy Esquivias stated that was correct. Councilmember Eck asked if it would be the road or another lot. Associate Planner Rudy Esquivias stated the road is on the west side of the property. stated that was correct. be the road or another lot. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 4 OF 9 Mayor Coleman requested the applicant to address the council.The applicant declined and there were no questions for him.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 further council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPEAL OF ORDINANCE NO.940 BY BOB AND BEVERLY WILKENING REQUESTING THAT THE MASONRY PERIMETER WALL REQUIREMENT BE WAIVED AND THAT THEY BE ALLOWED TO ERECT A CHAIN LINK FENCE FOR A NEW BUSINESS TO BE LOCATED JUST NORTH OF SOUTHERN AVENUE ON THE EAST SIDE OF COCONINO DRIVE BE DENIED. Councilmember Dietz SECONDED THE MOTION. VOTE:5-2 (Councilmembers Insalaco and Eck voted in opposition.) The motion carried. EMERGENCY ITEM Mayor Coleman stated that due to an actual emergency,the following item was placed on the agenda as a public hearing.The actual emergency is that the applicant's financing is in jeopardy as engineering requirements necessary for final approval took longer than expected.Those documents have now been received,and upon final plat approval,financing for the project will be released. PROPOSED RESOLUTION NO.98-38,FINAL PLAT FOR BASELINE INDUSTRIAL PARK SUBDIVISION ) )City Manager Curtis Shook briefed the council on this item.The council has made it a priority to advance industrial development within the community.This has a good anchor tenant by the name of MetalTrades.The final plat is necessary for them to be able to record and finalize all the infrastructure and developments.An approval to construct the water and wastewater systems on the property and an easement for a half street on the west side of the property have been received.This is an emergency item as MetalTrades has made a sizeable commitment on its building and it is ready to be delivered.The financing agent will not release the funds until the final plat has been approved.The final plat substantially reflects the preliminary plat and improves upon it with a half street dedication.He recommended approval of the final plat. Mayor Coleman requested the applicant address the council. Mr.Monty Nichols,950 E.Baseline Avenue,Apache Junction,addressed the council.He thanked the staff for getting this through. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 5 OF 9 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 Insalaco stated AS AUTHORIZED BY THE EMERGENCY PROVISIONS OF ARIZONA REVISED STATUTES §38- 431.02(D),I MOVE THAT RESOLUTION NO.98-38,SD -97-11,APPLICATION FILED BY NICHOLS/KLEBAN,FINAL PLAT FOR BASELINE INDUSTRIAL PARK,BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. REQUEST FOR RECONSIDERATION OF RESOLUTION NO.98-31 (CUP -98-04)CONDITIONAL USE PERMIT REQUEST BY APACHE CREEK GOLF COURSE AND TREND HOMES )This item was deleted during the consent agenda. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION REGARDING CITY-WIDE TRAFFIC RELATED ISSUES )Councilmember Eck commented he would like to make a motion. Mayor Coleman opened the item to council discussion. Councilmember Durbala asked if the motion would be on what was discussed last night. Councilmember Eck stated it would be basically that information,but: possibly not completely. Councilmember Durbala stated then• he might want to amend something. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 6 OF 9 sure that they had the numbers for Ditburner at 534-9529 as they have speed humps that have been done in look at as many cities as possible, and called for a motion. Councilmember Dietz wanted to be Walt Bratzinski at 994-7757 and Randy the studies of before and after regarding Scottsdale and Phoenix. Councilmember Durbala requested they not just those two. Mayor Coleman closed the discussion Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY-WIDE TRAFFIC RELATED ISSUES:THAT THE STAFF RESEARCH TRAFFIC CONTROL AND CALMING PROCEDURES;THAT THE RESEARCH BE THE FEASABILITY,BOTH PRACTICALLY AND FINANCIALLY;AND BRING BACK TO THE COUNCIL A REPORT THAT MAY SERVE AS THE BASIS FOR A COUNCIL ADOPTED POLICY FOR TRAFFIC CONTROL DEVICES WITHIN RESIDENTIAL AREAS OF THE CITY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 30,1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY. AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 1, 1998,IN THE CITY CONFERENCE CENTER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman thanked the Parks & Recreation Department for the twenty year anniversary celebration this evening.He appreciated all the efforts by the staff and thanked all the members of the community and former councilmembers for attending. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 7 OF 9 Councilmember Urich thanked the Soroptimist Club for the refreshments at the celebration. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:31 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 3,1998. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jeff Bell and Parks & Recreation Dept.;Officer Jeff Robinson. 4.Approval of Resolution No.98-36,Designating election date and purpose; deadline for voter registration;designating place and date for candidate to file nomination papers. 5.Approval to amend state and local government lease with Lucent Technologies for telephone system expansion and upgrade of existing Definity G3S1 and Intuity audix system/authorization for City Manager to sign necessary documents subject to approval by City Attorney. 6.Approval of Flexible Spending Account (FSA)Agreement with BenefitAmerica,Inc.for health flexible spending arrangement or dependent care assistance flexible spending arrangement per IRS Section 125 and authorization for City Manager to sign agreement. 7.Approval of Agreement between Arizona Peace Officer Training Fund (P.O.S.T.)and the City of Apache Junction for grant for training satellite connect. 8.Approval to exceed expenditure of $10,000 (not to exceed $70,000)with Baker and Taylor,Inc.to provide library materials for City of Apache Junction Library. ACCEPTED THIS 1sT DAY OF DECEMBER ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1sT DAY OF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 8 OF 9 DECEMBER DOUGLAS VOLEMAN Mayor ,1998. ATTEST: 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 17th day of November,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of November,1998. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17,1998 PAGE 9 OF 9