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HomeMy WebLinkAbout1998-03-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 17,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 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.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Urich 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 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 AWARD OF BID FOR PROJECT NO.PW-98-02,DIESEL -POWERED TANDEM AXLE CAB AND CHASSIS,BE AWARDED TO FREIGHTLINER ARIZONA,LTD.IN THE AMOUNT OF $53,607.41 (INCLUDING TAX);AND THAT THE AWARD OF BID FOR PROJECT PW-98-01,DIESEL -POWERED TANDEM AXLE 10.5 YARD DUMP TRUCK,BE AWARDED TO FREIGHTLINER ARIZONA,LTD.IN THE AMOUNT OF $67,175.06 (INCLUDING TAX)PLUS AN ADDITIONAL $507.30 FOR OPTIONAL FEATURES. REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 1 OF 12 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating April 3-4 as "Relay for Life Weekend"on behalf of the American Cancer Society. CALL TO THE PUBLIC Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council requesting strict enforcement of the city codes.She commented that the duties of the planning and zoning commission appear to be eroding and their recommendations are being ignored.At this point she sees no need to have a commission,and she tendered her resignation. Ms.Amber Bartos,349 S.Saguaro,Apache Junction,invited the council to the opening ceremonies on April 4th for the Little League in order for them to be recognized as supporters of Little League.Mr.Ron Kill added that Brian Harper,a two-time player on World Series Championship teams and a member of the Diamondbacks staff,will be there. Mr.John Pein,6326 E.20th Avenue,Apache Junction,addressed the council regarding an ordinance brought up by staff at the last planning and zoning meeting that would restrict horses to the rear of properties,which will be discussed by the commission in the near future.He reminded the council there is an equine ordinance that governs the keeping of horses and the commission has no jurisdiction in this area.He doubted there had been any complaints by anyone asking that horses be kept in the backyards only,but for some reason there is going to be a discussion on this.This would arbitrarily restrict a person from enjoying their property and borders on a "taking".He commented that Commissioner Gardner at the meeting wondered if this action would cause horse owners to descend upon them "like a horde of locusts".He stated if this action goes forward,after the dust settles,a "horde of locusts"would have been a welcome sight.There will be hundreds of people involved,and they will fight hard to protect their rights.He requested council to get the misguided and misdirected commission back in line and do away with the ordinance. Mr.Rick Gardner,685 W.Tepee,Apache Junction,addressed the council on his opinion on the aforementioned ordinance by Mr.Pein.He believes the horse people have every right to keep horses on their property,though they should be well taken care of and present no problem.He stated he would not vote for any ordinance or part of any ordiannce that will restrict the freedom or REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 2 OF 12 rights of the citizens of Apache Junction.He commented if horses were restricted,they would have to restrict other animals such as ostriches and llamas.He added he knew there would be trouble with this ordinance and stated unequivocably that he would not vote for that ordinance. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED RESOLUTION NO.98-08/CASE SD-97- 06/FINAL PLAT AND PLANNED DEVELOPMENT PLANS FOR RENAISSANCE PARK SUBDIVISION ) )Associate Planner Rudy Esquivias briefed the council on the item.He stated this is for 138 lots of single, conventional family homes.The lots are no smaller than 5900 sq.ft.There are open spaces,landscaped tracts,common areas and turf areas in the development.At a work session one month ago,some councilmembers requested to see the exterior materials,and council is to decide the exterior and elevations during final approval.This subdivision now has a certificate of assured water supply from Arizona Water Company.He commented some of the exterior materials have been brought in for council to review.The developers are proposing to offer HS"and flat top roofs of different colors,different house colors,a wider variety of models with different architectural features, and models having three different elevations with three different house to garage spatial configurations in order to create a different look from Renaissance Point.He then discussed and showed the council the exhibits on the types of stonework,tile and color schemes for the development.He reviewed the recreation area with council.He commented staff believes the development complies with the planned development zoning and the final plat conforms substantially with the preliminary plat.Approval of the resolution will approve these features and the planned development plans.He added that at the work session,homeowners in Azure Skies were concerned about traffic circulation in the area,primarily on Gold.This is not really related to the subdivision. Councilmember Durbala asked to take a close look at the recreational amenities chart to confirm that it had a half court basketball court.He believes kids enjoy that more than the little tot lots. Mayor Coleman asked the applicant to address the council. Mr.Sean Lake,10 W.Main Street, Mesa,addressed the council on behalf of Canterbury Communities.He commended Rudy for his excellent job and stated he would answer any questions. REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 3 OF 12 questions by the council. Mayor Coleman opened the item to Vice Mayor Surra asked if the options on these homes would be reasonably priced.She wanted to make sure they would not see the same home duplicated across the entire street. Mr.Sean Lake stated they have agreed not to put two of the same elevations next to each other.The stonework will be available on all elevations,and he believes the cost may be $5 to $6 a square foot.There will be eight different colors with different roof tile colors.There will be five different floor plans with three different elevations each.They also will group driveways so there will be longer open spaces between the homes. Councilmember Urich commended them for having a wheelchair accessible tot lot,but she was concerned if the ground covering would be wheelchair accessible. Mr.Sean Lake commented they are required by ADA to make it wheelchair accessible.The sidewalk will be concrete with the tot lot being a hard rubber material. Councilmember Urich stated she hoped they would refer to that as wheelchair accessible and not handicapped. Mr.Sean Lake apologized for that. Councilmember Durbala commented he has driven through the other Canterbury subdivision and seen a lot of kids playing on the half court basketball court.He thinks they are the best thing for the community as a whole and he appreciated their putting them in. Councilmember McClain commented that she admires the subdivision because the lots are larger,having seven per acre instead of nine per acre. 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 Eck MOVED THAT RESOLUTION NO.98-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT AND FINAL PLANNED DEVELOPMENT PLAN FOR RENAISSANCE PARK SUBDIVISION,CASE SD -97-06,BY CANTERBURY COMMUNITIES,INC.,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 4 OF 12 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-10/EXTENSION OF SEWER SERVICE TO COOPER'S SEWER AND DRAIN, INC./PRE-ANNEXATION DEVELOPMENT AGREEMENT ) )Associate Planner Rudy Esquivias briefed the council on this item.This is a two part request,the first being the resolution which would extend sewer service to a property outside and adjacent to the city limits located on East Baseline a few hundred feet west of Tomahawk Road.I t is currently developed by Cooper's Sewer and Drain, Inc.,and the owner would like to be annexed.The annexation will take in 33 gross acres of Pinal County land consisting of the Quail Run Mobile Home Park, the salvage yard at the northwest corner of Tomahawk and Baseline,a vacant 5 acre lot west of the salvage yard and Mr.Cooper's property.There is a pre- annexation agreement with Mr.Cooper if council passes the resolution for sewer service,and that agreement states Mr.Cooper will help the city in the annexation of that area and he will pay any future development fees. Mayor Coleman asked if the development fees paid when he takes out his permits from the county would be paid to the city. Associate Planner Rudy Esquivias stated the development fees would be paid to the city because of the pre- annexation agreement even though the permits were issued by the county.They cannot retroactively collect any fees for any permits already drawn. Councilmember Eck asked if that would be the worst case scenario. Associate Planner Rudy Esquivias stated i t is the worst case scenario. Councilmember McClain asked if he had any plans to do any building at this time. Mayor Coleman asked the applicant to address the council. Mr.Eddie Cooper,2886 W.37th Avenue,Apache Junction,from Cooper's Sewer and Drain,stated all the permits REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 5 OF 12 and buildings that they have planned for the next five years have already been done. 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.98-10,A RESOLUTION OF INTENTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SERVICE TO CERTAIN PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,BE APPROVED. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT THE PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COOPER'S SEWER AND DRAIN,INC.,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1028/AMENDING CITY CODE BY ADDING ARTICLE 1-13 QUALIFIED ELECTORS ) )City Attorney Joel Stern briefed the council on the item.This would mandate that petition circulators for initiatives,referendums,recalls and nominations be residents and electors of the city.He then briefed the council on two cases that would give the city the authority to enact such an ordinance,which were McDowell Mountain Ranch V.Vizcano in Scottsdale in 1997 and Alliance Marana V.Groseclose in Marana in 1998.The proposed ordinance is based on these cases and i t is modeled after Scottsdale,Chandler and Phoenix and pertinent parts in the Arizona Revised Statutes.He added he referenced how many citizens are qualified electors in the city at this time.The first section of the ordinance defines what a qualified elector is and the second section requires petition REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 6 OF 12 circulators to be qualified electors.If this is not passed,anyone circulating a petition does not have to be a city elector. Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented the number of qualified electors will change and she wanted to know how that would affect the ordinance. City Attorney Joel Stern stated the clauses set up the factual basis for the ordinance.Even though the amount of qualified electors will vary,it will not have an effect on the ordinance.It is an informational item only,and the ordinance will not have to be amended when that number changes. Councilmember McClain complimented the city attorney on an expedient and well done job. 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 was no further discussion. Councilmember Durbala MOVED THAT ORDINANCE NO.1028 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.1028,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 7 OF 12 PROPOSED CLOSING OF A PORTION OF LOST DUTCHMAN BOULEVARD )City Attorney Joel Stern briefed the council on the item.He stated the county is going to ,close Lost Dutchman Boulevard close to the city limits and they want to put up a barrier on the road inside the city limits.They intend to replant the area so it cannot be used for a road again.He is requesting direction on how the council wishes to proceed and added they are looking into the legal issues as to who actually owns the road and the adjacent property and what affect the road closure will have on property owners.He is also concerned about the rights of the city and stated several intergovernmental agreements may have to be put into effect for the maintenance of any barriers,including agreements with the state,the federal government and the county. City Manager Curtis Shook added this is a public hearing and as a result of the public hearing the staff would like to make a recommendation. Mayor Coleman opened the item to questions by the council. Councilmember Durbala stated he thought staff was supposed to come back with a recommendation at this meeting. He added it appears this will delay the decision another two weeks. City Manager Curtis Shook stated staff recommends that council approve the concept and direct staff to draft a resolution that would allow the closure at the point where the city and county agreed upon. Councilmember Durbala commented he believed the county was all ready to do this. City Manager Curtis Shook stated on the advice of the city attorney,a resolution would have to be passed.He added in recognizing that the county wishes to move forward,he is requesting that staff be directed to bring the formal resolution and approve the concept, which should give the county the direction it needs to start the work. Councilmember Durbala asked if the resolution could be ready at the next meeting. City Manager Curtis Shook stated it could be ready then. City Attorney Joel Stern commented they are still looking into some legal issues that they were not able to get the answers to from the last council meeting.The resolution depends on how REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 8 OF 12 quickly they can get some of those resolved.He commented there could be more of a delay than just two weeks. Councilmember Durbala stated if the county closes the road now,they may not do the other part that they had agreed to earlier to help the city with. City Manager Curtis Shook stated the intent is good faith,with staff's intention to have the council clearly state whether i t approves or disapproves of the concept.He believes the county could move forward under the concept of good faith. Vice Mayor Surra stated she has a legal opinion she wishes to get from the city attorney but she would prefer to do that in an executive session as it is concerns this issue.She asked if they could recess to an executive session before continuing with this item. Councilmember Durbala agreed and asked if it could be held in the city manager's office. Mayor Coleman stated they must finish the public hearing portion of the item first. Vice Mayor Surra asked if they could have the public hearing first and then have the executive session. City Attorney Joel Stern stated they could. Mayor Coleman opened the public hearing on the item. Ms.Sandie Smith,Pinal County Supervisor,addressed the council.She stated she was not sure of the legal ramifications but she urged them to go forward after the legal ramifications are considered and that they make any type of adjustments for that.She commented the land to the north is all state land.She stated there has been correspondence on this matter since 10-30-96 and she would like to bring some resolution to the matter.She added the county has voted to close the road and they do not want to do so halfway up a hill.She commented she will stand by to answer any questions in the executive session or after if needed. Mayor Coleman closed the public hearing with no one else wishing to speak.He then recessed the council meeting in order for council to go into executive session. Following the executive session, Mayor Coleman reconvened the meeting and continued with the item on the REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 9 OF 12 closure of a portion of Lost Dutchman Boulevard.He reopened the item to discussion by the council.There being no further discussion,he called for a motion. Councilmember Durbala MOVED TO DIRECT STAFF TO PLACE THE MATTER ON AN AGENDA WITHIN FOUR WEEKS FOR CONSIDERATION OF AN APPROPRIATE RESOLUTION,ORDINANCE AND/OR INTERGOVERNMENTAL AGREEMENTS WITH THE APPROPRIATE ENTITIES,WHICH EFFECTIVELY AUTHORIZE PINAL COUNTY TO ERECT BARRIERS AT THE INTERSECTION OF LOST DUTCHMAN BOULEVARD AND MOUNTAIN VIEW ROAD,TO ERECT APPROPRIATE SIGNS ADVISING THE PUBLIC OF THE ROAD CLOSURE AND AUTHORIZING COUNTY TO CLOSE THE SECTION OF LOST DUTCHMAN BEING CLOSED TO BE RELANDSCAPED TO PREVENT TRAFFIC TO USE THE ROAD. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AND WORK SESSION AT 6:00 P.M.BE HELD ON MONDAY,APRIL 6, 1998,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND I MOVE THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,TUESDAY,APRIL 7, 1998,IN THE CITY CONFERENCE CENTER. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 10 OF 12 INFORMATION AND REPORTS Councilmember Durbala stated he hoped everyone could make it to the Little League ceremonies on April 4.He announced that the mayor,Councilmember Eck and he had been asked to participate in the dunk tank.Councilmember Insalaco announced he was doing something else with them but he would not advise what he was doing. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:29 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 3,1998. 3.Approval of Bid PW 98-02 for diesel -powered tandem cab and chassis to the lowest qualified bidder. 4.Approval of Bid PW 98-01 for diesel -powered tandex axle 10.5 -yard dump truck to the lowest qualified bidder. ACCEPTED THIS 7TH DAY OF APRIL ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF ATTEST: City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 11 OF 12 APRIL DOUGLAS COLEMAN Mayor ,1998. 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 March,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of March,1998. City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 17,1998 PAGE 12 OF 12