Loading...
HomeMy WebLinkAbout1999-02-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 16,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 16,1999,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 Pastor Jim Trout 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 Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Assistant to the City Manager Bob Galloway Personnel Analyst Jackie Trevino Captain Dan Scott Planning Intern Shahin Dahnad 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:TRISH PELLETIER, PAT GARLAND,AND MARY -JOY ZUIK AND OUR OWN DOUG DOBSON;AND THAT AUTHORIZATION REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 1 OF 14 BE GIVEN TO PURCHASE ONE FULL-SIZE DODGE PICK-UP UNDER STATE CONTRACT FROM BILL LUKE DODGE IN THE AMOUNT OF $14,411.78 INCLUDING TAX FOR USE IN THE DEVELOPMENT SERVICES DEPARTMENT FOR BUILDING INSPECTIONS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Parks Superintendent Beth Cowles presented the "Brian Nosey Award", recognizing the Parks and Recreation Department's "Volunteer Coach of the Year"to former city employee Chuck Baker. CALL TO THE PUBLIC Mr.Jerry Dean,825 W.12th Avenue,Apache Junction,addressed the council regarding a proposed strip mall and its rezoning process,the discrepancies of ownership on property records,and the alleged phone call of a police officer telling him not to come to a Planning & Zoning meeting. Mrs.Sandie Smith,575 N.Idaho,Apache Junction,addressed the council to compliment the city on the accreditation of the police department,the recent naming of Public Works Director Doug Dobson as the Honorary Lost Dutchman for Lost Dutchman Days,the amount of public input accepted by the Parks & Recreation Department to enable them to provide services for the youth of the community,and on its stance on the school impact fees.She agreed that new development should pay its own way.She believes the city represents the county very well,and is pioneering a field where she hopes that builders, government and the citizens in the county and the state will all sit down and realize that healthy schools mean a healthy community. CITY MANAGER'S REPORT None. PUBLIC HEARINGS None. OLD BUSINESS. None. NEW BUSINESS. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 2 OF 14 UPDATE ON LOCAL TRANSPORTATION FUND GRANT ) )Assistant to the City Manager Bob Galloway briefed the council on this item.These funds are budgeted by the state legislature and allocated throughout the state to local governments based upon the government's total population percentage.Apache Junction was eligible for $32,570 in funds,of which the city had to provide 25% of the total in matching funds.$16,100 will be utilitized for a safety program on the multi -use trail system which will include signage along the ten streets that will be affected by it,and $25,000 was allocated for transportation planning activities to study the need for public transit in the city. council discussion. Mayor Coleman opened the item to Councilmember Urich corrected the house bill number that had been mentioned in the briefing. City Manager Curtis Shook commented the council has been clear on their intention of looking at the issue of public transit.The grant will allow the city to determine ridership and points of interest.He believes this is the most important component as i t will show what systems are needed and will work. Mayor Coleman closed the item with no further discussion.He called for a five minute break. Mayor Coleman reconvened the meeting. DISCUSSION ON PROPOSED ORDINANCE NO.1072/ PERSONNEL RULES AMENDMENT )Assistant City Manager George Hoffman briefed the council on this item.Changes to the personnel rules will include an introduction with a legislative intent;the ability of employees to donate their sick leave;the merit system and when an employee becomes eligible;hours and work period issues;the number of vacation hours that an employee can accrue being increased to 320 hours;the use of sick leave for a death in the family,that employees with out-of-state funerals would be allowed 5 days instead of 3,broadening the definition of family,and allowing for 3 days per event instead of only 3 days per year;providing for sick leave buy back;the addition of a Civil Rights Day;and the proposal of drug testing on existing employees. Councilmember Urich suggested "Attendance and Leaves"in Rule 8 be changed to "Attendance and Leave".In addition,she suggested changing the hours of sick leave and vacation leave given per pay period from 3.69 hours to 4 hours.This is what the federal government does.This would be less confusing,and it would grant the employee one extra day per year.She also proposed changing the four REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 3 OF 14 different categories of vacation leaves to something similar to the federal government.This would be 1-3 years receiving 4 hours per pay period,more than 3 years but less than 15 years receiving 6 hours per pay period,and more than 15 years receiving 8 hours per pay period.She believes this would be a cleaner way of keeping the records. Assistant City Manager George Hoffman stated there are two issues involved.One is how much you want to provide the employees over the course of a year and the other is how that ends up looking on the paycheck.Twelve days a year is 96 hours,divided by 26 paychecks makes it 3.69 hours per paycheck.It may not be a rounded number, but i t is considered twelve days a year,which is very marketable.He added it would be up to council if they would like to increase the number. Councilmember Urich commented i t would increase it to 13 days. Councilmember Durbala commented i f the Civil Rights Day/Martin Luther King Day is added,it would give the city employees 12 holidays a year.The federal government only gets 10 holidays per year.He stated the two extra holidays would be the extra 16 hours that she is talking about.It would actually go over the amount that is being given to federal employees. Councilmember Urich commented he is going into the holidays,not the vacation hours. Councilmember Durbala stated she is talking about giving them additional hours to make up for the federal vacation hours;he believes they are already making up those hours by giving them two additional holidays that the federal government does not recognize. Assistant City Manager George Hoffman suggested they compare themselves with those entities that they compete with rather than the federal government or those they would not compete with for attracting or retaining employees.For most of our positions,the competition appears to be other municipal/local governmental jurisdictions.In addition,the city needs to keep an eye on the local labor market,such as the school system. Councilmember Urich suggested checking into it.She asked if those other jurisdictions also give 3.69 hours per pay period. Assistant City Manager George Hoffman stated he was unaware if they have 26 or 25 pay periods.They do average 12 days of sick leave per year,with the low being 10.5 and the high being 15. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 4 OF 14 Councilmember Urich asked about the annual leave. Assistant City Manager George Hoffman stated that has more variation.I t is broken by tenure;the amount increases as tenure increases.He believes the city compares very favorably with the accrual rates,particularly at the top end -25 days a year is very competitive.However,the break points as to when those things occur could be changed by council. Councilmember Urich commented she would like to see staff do more extensive research to check that area out. She does not want to take holidays away from employees. Assistant City Manager George Hoffman encouraged them to consider the sick leave and annual leave accruals in an overall discussion on compensation.All of these things contribute to the market package.Some things are high,others are low.The city manager has urged him to look at the labor market data again this year. Councilmember Urich suggested changing the sick leave buy back from 50% of accumulated sick leave over 320 hours and under 640 hours,25% of accumulated sick leave between 640 hours and 1,040 hours inclusive,to 25% for the lower number and 50% for the higher number.This would give the employees more incentive to save the sick leave. Assistant City Manager George Hoffman stated that would be a council decision. Councilmember Eck commented there had to have been a reason for them to come up with the 50% buy back. City Manager Curtis Shook stated i t had to do with building an incentive for employees to put aside at least 8 weeks of sick leave.Most people will not get up around 1,000 hours,so they frontloaded the incentive.However,these are issues for council.They would like to start the discussion on changes in the rules that would reflect what the council told them to do with the passage of the budget.These things were adopted with the budget. Councilmember Urich commented they could check this issue out also to see what the other jurisdictions are doing. Assistant City Manager George Hoffman stated this was targeted towards those most likely to leave with a certain balance.Each entity does it differently. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 5 OF 14 Councilmember Eck commented he liked the way the draft was designed,with the changes highlighted,thus making i t more user friendly. Vice Mayor Surra believed they needed to look at what kind of impact these changes will have on the budget. For every paid day off added per employee,another person must be covering. She believes this should be left to the experts to determine what is available under the cap of the budgetary allowance for benefit packages.She commented if the city was going to err on the side of giving a little more,she believes they would rather see it in raises or more dependent coverage.She does not think giving them one extra day a year is more important. generally like cash. Councilmember Eck commented they Vice Mayor Surra agreed. Councilmember Durbala commented on how if a person works overtime,and they get that amount of time off later instead of paid overtime,it then causes someone else to put in more time to cover that position.It can get expensive;i t is more than an eight hour pattern. Assistant City Manager George Hoffman added that once something is given,i t is rarely taken away. Vice Mayor Surra commented that as the city grows and as the budget will allow,the city will always look to increase benefits for the employees.She does not feel it can be done in one fell swoop,but with safe steps that they can live by. Mayor Coleman stated he liked the suggested changes. Vice Mayor Surra commented she knew a lot of work went into the research of the item. Councilmember Durbala asked if this had taken them two years. Assistant City Manager George Hoffman commented they had decided to bring the issue back at the appropriate time and most of the work had been done a good while ago. Councilmember Durbala asked if the administrative changes would come back at the same time with this. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 6 OF 14 Assistant City Manager George Hoffman stated the policy changes would come back to the council,the adminstrative changes would come back to Mr.Shook.This document will be revised as a result of this discussion. on this item and moved on to the next. Mayor Coleman closed the discussion DISCUSSION ON PROPOSED INTERGOVERNMENTAL AGREEMENT WITH THE APACHE JUNCTION FIRE DISTRICT )City Manager Curtis Shook briefed the council on this item.He commented the fire district has asked for a - waiver of fees for reviews on the construction of the new fire station.The city has done this with other entities in the past with which they have a relationship.The current intergovernmental agreement is outdated along with some other legal and shared service concerns that needed to be in the agreement.Staff has provided an agreement that is bah good for the city and the fire district.The fire district has already approved the agreement. Approval of the agreement will be requested on the next agenda. Mayor Coleman opened the item to council discussion. Councilmember Durbala asked if they would have the computer chip that would give them the ability to use the fuel pumps as the city employees do. Public Works Director Doug Dobson stated they will have a card that will show what vehicle i t is,who the driver is,the time of day,what department i t is charged to,and an end of month printout will be available. Mayor Coleman closed the item with no further discussion. GROWING SMARTER LEGISLATION )Development Services Director Glen Van Nimwegen briefed the council on this item.This legislation has caused cities to adopt additional elements to their general plan.Compactness has to be addressed in the land use element.Infill development mainly has to go along transportation corridors.The open space element now must be inventoried,including trails,the recreation facilities and access points. There has to be a growth area element which addresses growth control without putting a boundary on it.I t identifies suitable areas for multi -mobile transportation,meaning cars,trains,buses and where they intersect,and it could also include equestrian and bicycle trails.Mixed use developments are to be developed in those areas to promote an efficient land use pattern.An environmental planning element has been added which will provide analysis and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 7 OF 14 policies that talk about new development and implementing the elements and how they affect air and water quality.Environmental impact statements will not be required with this legislation.Another new element is the cost of development element;it will recommend how to handle the growth of the community,how to provide public services to the growth and put in place that there is a direct tie between the impacts of a development and what the requirements will be from the development. Mayor Coleman asked about the Town of Queen Creek.He had heard that they have an ordinance that states if they believe any public facilty is not going to be provided for adequately by development,that they can turn the development down regardless of the zoning. Development Services Director Glen Van Nimwegen stated that was accurate.I t is setting levels of service in the community for any public facility. include fire service. Van Nimwegen stated it would. include schools. Van Nimwegen stated it would. say no if it involved any public facility. Mayor Coleman asked if that would Development Services Director Glen Mayor Coleman asked if it would Development Services Director Glen Mayor Coleman asked if they could Development Services Director Glen Van Nimwegen stated that was correct.He believes everybody will eventually get to this point.Queen Creek has stated this is how it is going to be done, but they do not have the policy behind it.He recommended that the policy say that the development is going to pay its own way and then look at the mechanisms to do that.He believes Apache Junction is ahead in this with the way they are approaching the general plan.He added other elements are only required for cities over 50,000 in population.The legislation requires this policy be written in tiers and requires public participation.Staff is doing that now with general plan amendments which state how people are to be notified and how many hearings have to be held.State Land must be consulted and they must do conceptual plans for their areas,with funding provided to add staff to have them do that.Previously State Land was not required to provide input on the revisions of general plans.School districts and council governments must now be notified of general plan amendments. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 8 OF 14 Councilmember Durbala stated it appears to be pushing for a higher density.Instead of larger lots,i t appears they want to put more people in a smaller area and to prevent expansion outward.He asked if they would be asked to make their lot sizes smaller than the general plan now calls for. Development Services Director Glen Van Nimwegen stated he believed that is one of the underlying philosophies of the plan.I t is to provide for density where there is existing infrastructure for transportation.It does not necessarily mean you will have to increase the density of the community.There also has to be diversity,which is the other part of the equation. Councilmember Durbala commented the Sierra Club primarily wants to squeeze everyone into a smaller space and save all the open spaces.They appeared to be primarily talking about the major metropolitan areas,not the rural counties.He asked if there were other parts of the legislation that would affect Apache Junction differently. Development Services Director Glen Van Nimwegen stated the senate has drafted a bill that would basically exclude Apache Junction and other rural counties.He continued with his briefing, stating implementing any general plan,the growing smarter plan or any general plan amendment will now require a 2/3 vote.They will apparently allow minor amendments to be done to the plan without a 2/3 vote.A major amendment is defined as anywhere the intensity of a land use is increased or changing a right-of-way dedication.The general plan and amendments are good for up to ten years;after that it must be readopted.The general plan cannot be adopted by an emergency clause and i t is referrable.The zoning must conform to the general plan. Councilmember Durbala asked what would happen with a person with low density zoning next to commercial and the city decides to rezone his property to commercial;would the city have to change the general plan with a 2/3 vote or could it even be changed. Development Services Director Glen Van Nimwegen stated they could change it but it would have to be by a 2/3 vote. Councilmember Durbala commented they will have to be very careful about how areas are zoned in the general plan in the future. Van Nimwegen stated that was correct. Development Services Director Glen City Attorney Joel Stern commented even a city -initiated general plan amendment would require a 2/3 vote. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 9 OF 14 City Manager Curtis Shook stated it places a lot of emphasis on doing the zoning ordinance to conform to the general plan.The initial step is easy,but the overhaul of the zoning ordinance will be a difficult exercise. Councilmember Durbala asked if an individual could be compensated for a loss on his property if a part of the general plan was changed.He recalled something about 10%. Development Services Director Glen Van Nimwegen commented he believed that would apply to counties only. Councilmember Durbala asked if the state was looking into adding the cities now. Development Services Director Glen Van Nimwegen stated he was not familiar with it. Mayor Coleman commented he believed there were a couple of bills that might affect the city.One cannot upzone without the owner's permission;if the owner loses property value,the city would have to pay the difference.Those are both pending at this time. Development Services Director Glen Van Nimwegen stated he could do a little more research.He added that if the city initiates a downzoning,or lowering of density,of a property,it also requires a 2/3 vote. Councilmember Durbala gave an example of lowering a commercial property to a residential property.He commented basically any change to the general plan will require a 2/3 vote. Development Services Director Glen Van Nimwegen stated that was basically correct,however,a developer could ask to downzone without requiring that vote. Councilmember Durbala asked if there would be a higher vote requirement if there were a protest. Development Services Director Glen Van Nimwegen stated a legal protest would affect the zoning,and that requires a 3/4 vote. City Clerk Kathleen Connelly asked if that was based upon full council. Development Services Director Glen Van Nimwegen stated that was correct.He commented if someone was absent, they would probably count as a no vote. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 10 OF 14 City Attorney Joel Stern commented he would check into the 3/4 and 2/3 vote requirements. Development Services Director Glen Van Nimwegen commented the city is in the middle of amending the general plan. The consultant has referenced the growing smarter legislation,but several key elements are missing.If adopted the way it stands,he believes it would still call for a 2/3 vote for any changes.I t is possible the 2/3 vote may be effective today.One issue is whether to adopt the new general plan the way it stands or wait until all the elements are included. Mayor Coleman asked when the deadline is. Development Services Director Glen Van Nimwegen stated the deadline is December 31,2001. Vice Mayor Surra commented it was a good thing the city had started early on the general plan. Development Services Director Glen Van Nimwegen stated i t sounds like the city is way ahead of everyone else in the state other than possibly Sierra Vista. Vice Mayor Surra commented that is due to very good advice from staff. Development Services Director Glen Van Nimwegen stated Senate Bill 1023,if passed,will basically exempt any county from this requirement.The county must have 250,500 people or less. It will also exempt any city that has less than 50,000 people.There is a recommendation in committee to change the city requirement to 75,000. Governor Hull was adamant that no amendments would be made that would gut the legislation.He believes the elements are good and i t is a good step,but he would prefer additional time to get the amendments written. Vice Mayor Surra commented they have seen things rushed through in the past come back to haunt the city.She agreed that the city does need the time,and she hopes the city gets more public partipation than they have in the past.She would like to see that continue so the city does not have to keep calling for additional sessions. City Manager Curtis Shook commented a lot of planning was done to weave a number of public processes into developing the goals,objectives and elements.He believes the city got out there as far as it could in soliciting opinions.He likes the way staff is going at finalizing the general plan.There will be an emphasis on process which will set the rules that will carry into when the zoning ordinance is REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 11 OF 14 addressed.Funds will be recommended in this year's budget to move ahead with the zoning ordinance. Assistant City Manager George Hoffman asked if there is a proposal to add air quality as a required element. The Pinal County air quality director is unaware of that proposal. Development Services Director Glen Van Nimwegen stated it is not specifically air quality,it is a subset of the environmental section. Councilmember Eck asked Councilmember Durbala what he had been saying about the Sierra Club on this issue. Councilmember Durbala stated the Sierra Club was the main backer for this legislation. Councilmember Eck reminded him that they were against this issue;it was Proposition 303. Councilmember Durbala stated they wanted more land;the purpose was a higher density population around the urban areas so they would not keep expanding out and taking the desert land. Councilmember Eck commented he could be wrong,he thought this was all Proposition 303. Councilmember Durbala commented the one proposition that was passed appeared to want to squeeze everyone in a little more,increasing the density,but leaving more open spaces,and thereby reducing the amount of pollution.The traffic system is supposed to be able to support that,but the other programs have not been started to tie into it. Mayor Coleman believed the idea was to cut down on sprawl. City Attorney Joel Stern stated Proposition 303 was for $20,000,000 to be collected for 11 years for state trust. Mayor Coleman closed the item with no further discussion. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES.LOCATIONS.AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 12 OF 14 Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.ON MONDAY,MARCH 1,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,MARCH 2,1999,IN THE CITY CONFERENCE CENTER;AND THAT AN EXECUTIVE SESSION FOR CITY MANAGER AND CITY ATTORNEY ANNUAL PERFORMANCE EVALUATIONS BE HELD ON TUESDAY,FEBRUARY 23,1999,AT 6:30 P.M.IN THE CITY CONFERENCE CENTER. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Eck commented that the softball tournament for the American Cancer Society turned out very well.He commended the entire Parks & Recreation staff for the condition of the fields. Mayor Coleman reminded everyone that on this Thursday,from 6 a.m.to 9 p.m., is "Eat at the Grand Day".All the proceeds for the meals for the entire day will be donated to the Pool Partners for another community swimming pool. Even the food is being donated,so the full price will be donated. City Manager Curtis Shook stated he attended the senate finance committee hearing regarding the bill on the school development fees and it was dead on arrival.However,there were 12-15 people who spoke on behalf of our bill, lauding the city for stepping out,and they were not lobbyists.All the opposition were paid lobbyists from the developers.The people speaking on behalf of the city in most cases did not represent government or school districts,but were parents,citizens or residents that were concerned that growth pay for itself.There appears to be a growing grass roots anger that growth pay for itself. Mayor Coleman commented it was an enlightening hearing,but it was defeated 4- 3.He added that people from all over the valley spoke in support of the bill. Councilmember Durbala reminded everyone that the forum for all the candidates sponsored by the Apache Junction News and the Chamber of Commerce is tomorrow night.It will be televised later. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 13 OF 14 )Mayor Coleman adjourned the meeting at 8:26 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:"Trish"Pellitier;Pat Garland; Mary -Joy Zuik. 3.Approval of authorization to purchase Dodge pickup truck from Bill Luke Dodge for use as building inspection truck for Development Services Department. ACCEPTED THIS 2ND COUNCIL OF THE CITY SIGNED AND ATTESTED ATTEST: DAY OF OF APACHE TO THIS MARCH ,1999,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 2ND DAY OF MARCH I4/844,C4 LAS GOLEMANDOUG Mayor CITY COUNCIL MINUTES CERTIFICATION ,1999. 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 16th day of February,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of February,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16,1999 PAGE 14 OF 14