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HomeMy WebLinkAbout1998-02-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 3,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 3,1998,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 7:10 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember McClain led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember Durbala Councilmember McClain Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Gordon Grandy Public Works Director Doug Dobson Development Services Director Larry Harmer Captain Dan Scott Others Present:Associate Planner Rudy Esquivias Long Range Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:VICTIM ASSISTANCE COORDINATOR JUDY ROBLES,PATROL OFFICER HOWARD LOGSDON;AND THAT RESOLUTION NO.98-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 1 OF 11 JUNCTION,ARIZONA,APPROVING THE APPLICATION FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS FOR PROSPECTOR PARK,LIGHTING AND PICNIC AREAS,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS A certificate of recognition was presented to Lindsay Trotter,the president, Kathy Coleman,the vice president,and Chris Seals,the advisor of the Desert Shadows Middle School National Junior Honor Society for assisting the city in the coding of a cable television survey.The city,in return,gave them a monetary contribution to be donated to Project Help. Mayor Coleman read a proclamation designating April 4,1998,as Little League Day and presented it to Amber Bartos of the Little League.Ms.Bartos accepted the award and gave the city a trophy to recognize the council as champions of childrens'total development. CALL TO THE PUBLIC Mr.Rick Gardner,685 W.Tepee St.,Apache Junction,addressed the council regarding the Fry's Food Store.He stated competition is what has made this country great,and anyone afraid of it had better get out of the market place. He believes Fry's will be a boon to the city in revenue received and in employment gained.He strongly recommended that no signatures be collected on any petition to bring this to a public vote,which would cost the city a number of dollars as well.He thanked the council for approving Fry's and their complex. Ms.Katie Spilman,3640 N.Prospector Rd.,Apache Junction,addressed the council regarding the Fry's Store.She would like to have the store which would give her more selections on her groceries.She sees no negative things associated with the store.She would also like to see the additional employment and tax dollars for the city.She believes it would be good for the town and for her.She does not want to have a petition to put it on a ballot for vote.It would be a wasted expense.She recommended looking at who was instigating the petition and seeing what the reasons are for it. Mr.Dale Head,2774 S.Mariposa Rd.,Apache Junction,addressed the council regarding URS and the landfill expansion.He gave the council his personal impact study on the landfill expansion.He stated the questionaire asks for the public's opinion on the expansion of the City of Apache Junction landfill. He reminded them that i t is not owned by the city,but by Allied Waste.He REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 2 OF 11 added the questionaire is false and misleading.He questioned the credibility of URS for issuing false statements.He added he notified the council of a possible monopoly situation on October 21,1997,when state law mandates trash removal twice a week and an unregulated private corporation controls the price on the landfill.He reflected on the history he has had with AJ Waste regarding his trash pickup charges since 1995.In July 1995 his bill was $30.75,and his current bill is $44.28.A truckload at the dump has increased from $3 to $5 in 1996,and now it is $10.This will encourage illegal dumping.He stated the website needs to update the companies that will pick up trash in the city.He recommended determining the impact of the landfill expansion in its lifetime,how much east valley industrial waste will be coming to the landfill,price control,and who will be monitoring the waste. Mrs.Maud Lucas,11442 E.5th Avenue,Apache Junction,addressed the council on behalf of herself and her son Charles Lucas of 151 W.Windsong,Apache Junction.She stated they would both like to see Fry's in Apache Junction. They would like to see more grocery store competition. Ms Beverly Brown,201 E.Southern,Apache Junction,addressed the council regarding Fry's.She commented how she has a Fry's VIP card which saves her a substantial amount of money at the Fry's on Power Road.While there,she gasses up her car and goes to other stores in the area.She stated if there were a Fry's here,she would be spending her money in Apache Junction.She requested to let Fry's be opened here and for council not to turn it down. Ms.Donna Carrie,1920 S.Plaza Dr.,Apache Junction,addressed the council regarding Fry's.She believes competition is great and the city is finally big enough to get some.She requested Fry's be allowed to come in.She believes the added jobs,taxes and convenience would be a plus for the city. She currently shops at the Fry's on Power Road. Mrs.Maria Durbala,673 E.Kachina,Apache Junction,read the council a letter from Penny Secor regarding Fry's.Mrs.Secor wanted to go on record as being for the construction and development of Fry's,as it would bring competition and an increase in services for a growing community. Ms Jody Simmons,201 E.Southern Avenue #63,Apache Junction,addressed the council regarding Fry's.She also stands in favor of the construction of Fry's in order for her to shop here instead of traveling to Mesa to spend her dollars there. Ms Shirley Roderick,201 E.Southern,Apache Junction,addressed the council regarding Fry's.She stated she has been a full time resident of Apache Junction for 13 years and has been waiting for Fry's to come here.The country is built on competition,and if Fry's is willing to take the chance on Apache Junction,then the residents should be willing to take a chance on them. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 3 OF 11 Ms Ginnie Weber,201 E.Southern Avenue,#63,Apache Junction,addressed the council regarding Fry's.She would like to see Fry's come to Apache Junction for the competition and variety.This may cause lower prices and it will bring more jobs to the city. Ms Sharon Ott,201 E.Southern Avenue,#71,Apache Junction,addressed the council regarding Fry's.She spoke in favor of Fry's,as she already shops down the road and would be delighted to have one in town. Mr.Kent Slocum,1100 E.Linda,Apache Junction,addressed the council regarding Fry's.He is in favor of Fry's.He commented the country is built on free enterprise and competition,which is good for the community and its citizens. Ms.Catherine Moore,543 E.Mesquite Avenue,Apache Junction,addressed the council regarding Fry's.She and her family are for the progression of financial independence in the city and she believes a new grocery store would be positive in that direction.She believes this would be good competitively, bring in tax dollars for development and add money to the city's coffers.She inquired what intelligent reasons someone could have to oppose this progressive financial independence. CITY MANAGER'S REPORT City Manager Curtis Shook wished to clarify the story on Fry's.The Apache Junction News reported today that the owner of the ABCO Plaza was attempting to seek a referendum of a council decision to rezone a property that would allow construction of a Fry's Food Store.The council and the planning and zoning commission are all in favor of this rezoning.I t is a California developer who is attempting to limit competition.He added the Fry's complex is not just Fry's,but will involve a number of different retail units which will bring hundreds of jobs to the community,hundreds of thousands of sales tax dollars to the city government for services,property taxes to the schooldistrictfor operation,and it will provide additional goods and services that the city does not have.It will allow many residents to shop in Apache Junction instead of making them drive to Power Road.The issue is whether or not a California businessman can be successful in using a referendum procedure to prevent free competition. City Attorney Joel Stern clarified that the applicant was an individual,not the owner of the complex. City Manager Curtis Shook stated the applicant was quoted in the newspaper today as being asked to do so by the owner of the complex. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1018/PROPOSED REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 4 OF 11 RESOLUTION NO.97-43/DEVELOPMENT FEES UPDATE FOR ROADS,POLICE,PARKS,LIBRARY, AND MUNICIPAL BUILDINGS )Development Services Director Larry Harmer briefed the council on the item.He stated this is the last required public hearing prior to the council being able to update the development fees.Extra time was alloted for any extra time for comments than what is required by state law.Ordinance No.1018 will authorize the city council to adopt the updated development fees,Resolution No.97-43 will adopt the amendments to the City Code to establish the methods of collections for the fees by reference and adopt the text revisions to the Land Development Code which deal with exceptions to the fees.This will allow certain types of buildings to be upgraded without being assessed development fees.He commented there is a typographical error on Page 32,wherein the fee for a single-family detached development under parks should be $366.There is also a blank in the ordinance where the effective date needs to be filled in,and it must be at least 90 days from the action taken.The first day would be tomorrow,and the 90th day from that day would be May 4,1998.Both of these should be addressed in the motion. questions or comments by the council. definitions for mobile homes ordinance. Harmer stated there is not a were listed somewhere. Mayor Coleman opened the item to Councilmember Durbala asked if exact and recreational vehicles were listed in this Development Services Director Larry definite section. Councilmember Durbala asked if they Development Services Director Larry Harmer stated they are listed within the zoning code.There is a breakdown of what had been discussed by council on Page 2 of the 33 pages.It is at the top of the page under Item 3.The different residential categories are there as they are based in the study itself.The recreational vehicles would fall under the second category. 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. Vice Mayor Surra stated she believed there should be some discussion on the effective date people would be looking for if this was approved. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 5 OF 11 Development Services Director Larry Harmer noted that the original development fees were adopted to take effect with a staggered amount so as not to create as great an impact on projects already in progress.In this case,i t is not set up that way as there had not been any prior discussion to do so. Vice Mayor Surra stated she did not think that was necessary since the fees have already been in effect.All they are doing is changing the dollar amounts. Councilmember Durbala stated they should just go with the increases and make them effective immediately. Mayor Coleman stated they would be effective in 90 days. Councilmember McClain agreed. Mayor Coleman asked for the 90 day date again. Development Services Director Larry Harmer stated the 90th day would be May 4th. Mayor Coleman called for a motion with no further discussion. Councilmember Insalaco MOVED THAT RESOLUTION NO.97-43,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 7,ARTICLE 7-1,DEVELOPMENT FEES,BE APPROVED. Councilmember McClain SECONDED THE MOTION. Vice Mayor Surra asked if this is where the correction would take place. Development Services Director Larry Harmer stated you would need to correct Page 32 of 33. Vice Mayor Surra MOVED THE CORRECTION BEING THAT ON PAGE 32 OF 33 UNDER "PARK DEVELOPMENT FEE SCHEDULE 1998"SINGLE-FAMILY DETACHED DEVELOPMENT FEE UNIT SHOULD READ $366 INSTEAD OF $182. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 6 OF 11 Mayor Coleman verified that Councilmember Insalaco stated it would be with that correction. Councilmember Insalaco agreed it would be part of his motion. There was general discussion that determined that the amendment to the motion would be removed as this should be added to the ordinance,not the resolution.The vote would be on the original resolution. VOTE:Unanimous. The motion carried. Councilmember Insalaco MOVED THAT ORDINANCE NO.1018 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1018,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:WITH PAGE 32 OF 33,SINGLE DETACHED FAMILY HOME, "PARK DEVELOPMENT FEE SCHEDULE",FROM $182 TO $366;AND THAT THE EFFECTIVE DATE BE MAY 4,1998. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1024/ESTABLISHING NO PARKING LOCATION ON 2ND AVENUE )City Engineer Gordon Grandy briefed the council on the item.He stated there is a major parking problem out in front of the Chamber of Commerce building.Long vehicles tend to block REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 7 OF 11 the street if they are parked in front.He would like to establish ,a no parking zone with the proper signage. Mayor Coleman asked if there were a place for them to park. City Engineer Gordon Grandy stated there are directional signs directing them to parking in the rear. visible.Mayor Coleman asked if they were City Engineer Gordon Grandy stated they were visible to him. Councilmember Urich agreed that they are very visible. 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 further discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1024 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Durbala MOVED THAT ORDINANCE NO.1024 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 8 OF 11 None. NEW BUSINESS. CONSIDERATION OF AMENDMENT TO LEASE WITH THE DEPARTMENT OF ECONOMIC SECURITY (DES) FOR BUILDING LOCATED ON CITY COMPLEX )City Manager Curtis Shook briefed the council on the item.The building was supposed to be vacated under an agreement between the city and DES,however,because of changes in their managment over there they were not aware of the termination date.They have asked for an additional six month period to complete the move.This will be an amendment only.The city attorney may have some other things for them to consider along with their amendment to the lease. City Attorney Joel Stern stated this is just a modification of the original lease and it is acceptable in the current form.He stated the building was also discussed but he would leave those questions to Mr.Shook. City Manager Curtis Shook stated he had noted the concern of Vice Mayor Surra that the building be part of the DON.The intention,if allowed,will be for the building to be left here.He believes they will give it to the city unless state relinquishment procedures prohibit it. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY LEASE AGREEMENT FOR THE BUILDING LOCATED ON THE CITY COMPLEX,DATED MAY 1,1996,BE AMENDED TO EXTEND THE LEASE TO JUNE 30,1998 AND:CALL FOR -THE REMOVAL OR TITLE TRANSFER TO THE CITY OF THE BUILDING PRESENTLY ON THE SITE BY THAT DATE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION 1998 COMMUNITY TOWN HALL )City Manager Curtis Shook briefed the council on the item.He stated a tentative schedule and a future focus for the town hall was reviewed last night.He requested council to approve REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 9 OF 11 having the town hall on Saturday,April 18,1998.It would again be a day long exercise and would require an outside facilitator.They will attempt to work with service,civic and social groups,fraternal organziations as well as general members of the community to get as many people as possible involved. The focus will be to set out actual projects for construction in the city over the next ten years. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE 1998 COMMUNITY TOWN HALL: TO HAVE THE TOWN HALL ON APRIL 18,1998 AND HAVE THE STAFF LOCATE AN OUTSIDE SERVICE TO CONDUCT THE TOWN HALL. Councilmember McClain 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 A WORK SESSION AT 7:00 P.M.BE HELD ON TUESDAY,FEBRUARY 17,1998,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced there would be a joint dinner session between the Apache Junction City Council and the Queen Creek Town Council on February 5, 1998,to discuss past successes,current issues and future projects.It will be at 6:30 p.m.in the Queen Creek Town Hall. ADJOURNMENT meeting at 8:08 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 10 OF 11 )Mayor Coleman adjourned the 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 20,1998. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of Resolution No.98-04,Authorization for application of State funds to assist with development of Prospector Park's lighting and picnic areas. ACCEPTED THIS 17TH DAY OF FEBRUARY ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF FEBRUARY DOUG Mayor 4S eOLEMAN CITY COUNCIL MINUTES CERTIFICATION ,1998. 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 3rd day of February,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of February,1998. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3,1998 PAGE 11 OF 11