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HomeMy WebLinkAbout1997-12-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 2,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 2,1997,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 Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember McClain Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Development Services Director Larry Harmer 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:PUBLIC WORKS SECRETARY ELAINE COLBURN;PUBLIC WORKS ACCOUNTING CLERK I TINA MARIE HAYES; YOUTH SERVICES LIBRARIAN LIZ BURKS;AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF SIX VEHICLES FOR POLICE DEPARTMENT USE THROUGH STATE BID CONTRACT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 1 OF 13 FROM LOU GRUBB FORD IN AN AMOUNT NOT TO EXCEED $20,938.05 EACH AND A TOTAL NOT TO EXCEED $125,628.32. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ANNEXATION AN-5-97/ANNEXATION OF APPROXIMATELY 250.5 ACRES OF LAND LOCATED WEST OF IRONWOOD AND SOUTH OF SOUTHERN )Development Services Director Larry Harmer briefed the council on the item.He reminded them that this is a public hearing only and no action would be taken that evening.This is the remaining piece of county land lying west of Ironwood Drive along the Houston Avenue alignment,consisting of approximately 250.5 acres.Staff was contacted earlier this year by owners of approximately 100 acres of that land about the possibility of annexing it into the city.Staff sent a letter in August to all of the property owners advising them that the city had been contacted by their neighbors regarding annexation,and requesting any questions or opinions be directed to the city.They have heard from owners representing 212 acres,or about 85%,indicating they were interested in being annexed into the city.He stated the area has mixed uses along with some vacant land.The area has been designated industrial according to the general plan and has heavy industrial zoning.A blank annexation petition was filed with the Pinal County Recorder's Office on November 10,1997.This is the mandatory public hearing within 30 days after filing,recently revised to have the hearing within the last 10 days of that period.Staff cannot begin to collect signatures until after the 30 days are up,which will be on December 10.Annexation will proceed if there is enough property owner representation and assessed valuation.A pre -annexation agreement has been discussed with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 2 OF 13 some owners and the discussions will have to take place prior to this coming back to council.They have not heard from the owners of approximately 38 acres thus far,and there are some property owners in the audience to address the annexation tonight. ,hearing on the item. Mayor Coleman opened the public Mr.Robert Junker,2073 W.Houston Avenue,addressed the council.He owns the first property west of Ironwood in the proposed annexation area.He stated an investment group from Scottsdale purchased about 150 acres west of him about twenty years ago.This could be the group that contacted the city regarding annexation.He still owns 10 acres there,and he has talked to all of the owners or managers who live in the original 40 acres that he bought,plus 40 acres to the west,and none of those owners want the annexation.He does not know their reasons.He would like someone to tell him how the city and the property owners would benefit from this annexation.He stated the fire chief approached him about five years ago asking him to annex into the city in order to receive fire protection,but they already have fire protection.He commented all of the people out there are in industrial businesses,most of them heavy industrial. At this time,he is against the annexation unless it can be shown to him by city staff what the benefits would be to him. Ms.Penny Nickel,P.O.Box 4045, Apache Junction 85278,addressed the council representing her father who owns 10 acres in the annexation area.She also wanted to know what the benefits would be to the owners in the area if the annexation was approved.At this time her father is against the annexation until he hears the benefits,as the county is planning on paving the road and that is basically all he feels he needs. Mr.Ken Bauer,2944 W.Shiprock, addressed the council.He has a 5 acre piece of property located at 2519 W. Shiprock he shares with Sharon Bauer.They had intended on putting a mini- storage facility there.Sharon has moved onto the property in a mobile home and they have some containers out there. Mayor Coleman asked him to tell them where the property is located again. Mr.Ken Bauer started to say 2519 W. Shiprock,then changed it to 2519 W.Houston.He related his experiences about the difference between living in the city limits and living in the county regarding the use of cargo containers and a travel trailer they had moved onto the property for a physically disabled woman to move into.He feels he is constantly being harassed by city staff coming out and saying he has stuff around and it needs to be removed.He asked to build a building but REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 3 OF 13 was told he could not because his 4 acres are divided into 3 parcels,and there cannot be a building until there is a house.He then tried to put a mobile home on the property and found he had to first extend the water line, costing $18.000.The city has stopped everything they have tried to do to improve his place or help someone else.His house is now up for sale as he believes he is on the "hit list"and he does not think he will ever get offit.His new place in the county is now up for possible annexation and he is very against the annexation.He requested council not to annex the area. hearing and moved on to the next item. Mayor Coleman closed the public PROPOSED RESOLUTION NO.97-40/EXPANSION OF STREET LIGHT IMPROVEMENT DISTRICT FOR ARROYO VERDE AND PROPOSED RESOLUTION NO. 97-41/ORDERING WORK FOR ARROYO VERDE )City Engineer Gordon Grandy briefed the council on the item.He stated the subdivision was originally broken up into three phases by the developer.The original street light improvement district for this subdivision was formed with phase one only,and Resolution No.97-32 was recently passed to initially expand the boundaries. Tonight they wish to combine phases two and three into the resolution of intent to order the work,which is the first resolution,and with the second resolution they will order the work for phase two only.When phase three is ready for construction,they will come back with another resolution ordering the work at that time. Councilmember Durbala asked how the district would be done after electric deregulation occurs,specifically what power company would be used in the district. City Engineer Gordon Grandy stated the city attorney reviewed this resolution and made an appropriate word change that does not designate just Salt River Project. City Manager Curtis Shook stated street lighting and street lighting districts are a candidate for the city to negotiate its own power contract. Councilmember Durbala suggested it be brought up at some other time. City Manager Curtis Shook agreed, stating it would be part of the whole deregulation issue. Councilmember Durbala wanted to know how these people would be able to change from one company to another or how the city would establish something for itself. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 4 OF 13 City Manager Curtis Shook stated they could probably do it individually but the rules suggest that the city is a likely aggregator to purchase the power and negotiate the purchase of power for all of the districts.The market price should be between one and six cents,and the city could make some long term savings if it negotiates for all of the districts.They have to wait to see what the Arizona Corporation Commission rules are on the issue. Councilmember Durbala asked who would be responsible for the costs for damaged lines.That is where they plan on making up the difference in the charges.He asked if this would be in the resolutions or ordinances. City Manager Curtis Shook stated it would be addressed in a later ordinance.If the city buys the power,they become the source and they would be liable for any repairs. Councilmember Durbala stated it is something they need to start thinking about. City Attorney Joel Stern stated the state law will probably change as to the passage of resolutions and what kind of language has to be in the resolution.Deregulation is very complex and is still evolving;it is possible some other company may own the lines.Anything could happen at this point,but the city does have the correct information and the minumum necessary language for the resolution. Mayor Coleman opened the public hearing on the items.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. Vice Mayor Surra MOVED THAT RESOLUTION NO.97-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING ITS INTENTION TO EXPAND A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN A PORTION OF AN AREA DESCRIBED AS ARROYO VERDE,A SUBDIVISION,AS RECORDED IN CABINET B,SLIDE 107 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,ARIZONA;ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,PURSUANT TO A.R.S.48-616 AND 48-617 AND DECLARING THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT,AND THAT THE COSTS OF PROVIDING LIGHTS AND PURCHASE OF SAID ELECTRICITY SHALL BE ASSESSED ON THAT CERTAIN DISTRICT,BE APPROVED. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 5 OF 13 VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT RESOLUTION NO.97-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY , OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO 'ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS PHASE 2, ARROYO VERDE,A PORTION OF A SUBDIVISION RECORDED IN CABINET B,SLIDE 170, PINAL COUNTY RECORDER,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1013/ESTABLISHING STOP SIGNS AT 4 LOCATIONS )City Engineer Gordon Grandy briefed the council on the item.He stated the four locations are at 1st Avenue and Palo Verde Drive for the westbound direction,on Shiprock at San Marcos,on Outpost at 2nd Avenue,and for northbound Delaware at 16th Avenue. These are all to establish right-of-way. 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 ORDINANCE NO.1013 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 Urich MOVED THAT ORDINANCE NO.1013,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 6 OF 13 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1016/ESTABLISHING A SPEED LIMIT ON BASELINE AVENUE )City Engineer Gordon Grandy briefed the council on the item.He stated the city speed limit on Baseline between Ironwood and the area of Meridian has not been established.After analysis,it was found that 85% of the drivers go 48 mph or lower.Rounding this off to the nearest 5 mph increment,it would normally be rounded off to 50 mph.However,due to numerous accidents down there and the Central Arizona Project canal being in close proximity,he recommends the appropriate speed limit be 45 mph.This is also what the speed limit is on Baseline past Ironwood. hearing on the item. Mayor Coleman opened the public Mr.William Orr,2208 W.Baseline Avenue,addressed the council.He wanted to thank the city engineer for recommending the speed limit as he is one who has been requesting it.The reason why he requested it is because he has learned a new cement plant will be built on the corner of Meridian and Baseline,and the closed one will be reopened,making three cement plants in the area.He added the noise level will be very high.He commented Cashways does keep the dust level down and the others probably will,too.He is concerned about the heavy trucks hauling the raw materials north on Ironwood from Queen Creek and then along Baseline to the plant;he does not think the road will last long.He added with the new mini -storage going in,a new motel and possibly a new restaurant,thetraffic will be getting heavier and he requested the speed limit be reduced to 35 mph. Mayor Coleman closed the public hearing with no one else wishing to speak.He then opened the item to council discussion. Councilmember Insalaco asked the city engineer if the speed could be adjusted downward to 40 mph.He added there will be a lot of traffic on that road. City Engineer Gordon Grandy stated he can go along with anything the council chooses.He added the business community has already expressed concern about Apache Trail having a 45 mph speed limit and they are seeing people doing 50 to 60 mph.People will drive REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 7 OF 13 what they are comfortable driving regardless of the signage;the speed has to be enforced to get them to stop driving above the speed limit.The speed limit recommended is what a reasonable driver on the road is going to drive. Council will have to determine the speed limit and turn it over to the police department to enforce it. Mayor Coleman stated it would seem 'bizarre to him to have it 40 mph between Ironwood and Meridian and 45 mph to either side of them.He asked for any more questions;there being none he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1016 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.1016,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION PINAL COUNTY REQUEST TO CLOSE A PORTION OF LOST DUTCHMAN BOULEVARD REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 8 OF 13 )City Manager Curtis Shook briefed the council on the item.He stated the request is from the county manager. They have numerous problems with the roadway from safety and landownership standpoints.The county wants to close the road and is concerned about the traffic coming from the city to the closure.They have held numerous public hearings resulting in this request.The closure would come at the intersection of Mountain View Road.He stated this would have some impact on future transportation questions.There is some question as to the ownership of the road and its proper position.He suggested directing the manager and staff to look into the road ownership issue and come back with a full plan on how and where it would be closed,the signage and other safety measures in order for council to decide if they want to close the road. Councilmember Durbala stated he talked to the county supervisor and she would like to have council postpone this so that county staff can come and explain exactly what they are going to do and where it is going to be closed.She would like this at a work session so that council can decide on this at a meeting two weeks following the work session.He thinks is would be advisable to hear from their staff and have both staffs get together and come back with a detailed analysis. City Attorney Joel Stern stated they may want to have the city conduct its own independent verification of the ownership to make sure the city agrees with the county on who owns the road, whether city,county,or private ownership. Mayor Coleman asked if that should be part of the motion. City Attorney Joel Stern stated that would be fine. Councilmember McClain asked if the ownership of Mountain View Road was to be checked on. City Attorney Joel Stern stated it would be checked. City Manager Curtis Shook stated council may want to have its own public hearing regarding this. There was general discussion that the hearing not be before January 6. Mayor Coleman called for any other discussion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 9 OF 13 Vice Mayor Surra asked that items not be put on the agenda before all the preliminary discussion takes place. She commented that if another government agency wants to do something with the city,all of the discussions should be prior to the council meeting so that council has clear cut information and indications as to what is requested of the council. Mayor Coleman stated it may be appropriate,before staff puts in a lot of time on an item,to know where the council stands on the issue. Vice Mayor Surra stated without all the information they may not know what they want to do.She is just asking the people coming to them with the proposal provide a complete proposal. Councilmember Durbala stated the county supervisor was planning on being here but she had prior commitments. She had not been told it would be coming up on the agenda this soon. Vice Mayor Surra stated she would like the information sooner than the night she is being asked to vote on it. Councilmember Durbala stated he would have liked to have it on a work session and then have it on the following meeting two weeks later.Councilmember Durbala MOVED THAT WE HAVE DIRECTION TO STAFF THAT THE CITY LOOKS INTO WHO OWNS THE LAND,I MEAN WHO OWNS THE ROADS,WHETHER THERE IS ANY POSSIBILITIES OF IT BEING ON PRIVATE LAND WITH EASEMENTS OR RIGHTS;I ALSO REQUEST THAT THE CITY ASK,SEND A LETTER,FORWARD A LETTER TO THE COUNTY SUPERVISOR REQUESTING THAT THEY BE AT OUR SECOND MEETING IN JANUARY TO GIVE THEIR PROPOSAL TO THIS;AND THEN GO ONTO THE AGENDA FOR VOTING FOR THE FIRST WEEK IN FEBRUARY. Councilmember Insalaco asked about the work session. Councilmember Durbala continued his motion with THE WORK SESSION WOULD BE THE SECOND MEETING IN JANUARY,THE ACTUAL VOTING ONE WAY OR THE OTHER THE FIRST MEETING IN FEBRUARY,WITH A PUBLIC HEARING ON IT.He asked if that was a sufficient amount of time for staff to come up with all they needed. City Manager Curtis Shook stated he believed so. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 10 OF 13 The motion carried. ADVERTISE THE APPROPRIATE NOTICE OF INTENT/SCHEDULE PUBLIC HEARING FOR REVISED DEVELOPMENT FEES )Development Services Director Larry Harmer briefed the council on the item.This is the same process as with the school development fees.Certain notices of intents for public hearing are required by law,along with the public hearings for public input and possible council action regarding updates and potential increases to the existing fees.A formal presentation will be given at the January 6 meeting; the information provided to council in October is still fairly valid.He requested council to set the two public hearings in order to proceed any further,suggesting January 6 and February 3 as the public hearing dates. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUIRED ADVERTISEMENT FOR THE PUBLIC HEARING ON REVISED DEVELOPMENT FEES IN JANUARY AND ADOPTION OF REVISED DEVELOPMENT FEES IN FEBRUARY:THAT THE DATES BE JANUARY 6 AND FEBRUARY 3. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES.LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JANUARY 5,1998,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 6,1998,IN THE CITY COUNCIL CONFERENCE ROOM;AND A REMINDER THAT THERE WILL BE A SPECIAL MEETING ON DECEMBER 10,1997,AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS FOR PUBLIC HEARING AND POSSIBLE ADOPTION OF SCHOOL DEVELOPMENT FEES;AND A REMINDER THAT THE EXECUTIVE SESSION AND WORK SESSION,DECEMBER 15,1997,AND THE EXECUTIVE SESSION AND REGULAR MEETING ON DECEMBER 16,1997,HAVE BEEN CANCELED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 11 OF 13 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala wanted to thank everyone for attending the Little League's first function,the Gold Find. City Manager Curtis Shook stated there will be a significant amount of business at the next council meeting due to the second meeting in December being canceled.They will be receiving a summary of the different public hearings for that meeting.There are at least six public hearings for that evening and several of them are substantial. Mayor Coleman reminded everyone that the next meeting would be the first meeting of the city's twentieth year.The official date is November 24. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:05 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 18,1997. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval and Authorization to purchase six new vehicles for Patrol Division from Lou Grubb Ford in the amount of $20,938.05 each through State bid contract. ACCEPTED THIS 6TH DAY OF JANUARY ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY ,19 . DOUGLAS COLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 12 OF 13 ATTEST: THLEEN CONNEL 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 2nd day of December,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of December,1997. City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2,1997 PAGE 13 OF 13