Loading...
HomeMy WebLinkAbout1997-10-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 7,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 7,1997,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck 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 Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Service Director Larry Harmer Associate Planner Rudy Esquivias Assistant Planner Paul Michaud Long Range Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Surra MOVED THAT ITEM NUMBER 8 ON THE CONSENT AGENDA BE PLACED IN THE REGULAR ORDER FOLLOWING THE CITY MANAGER'S REPORT SO THAT IT CAN BE ACTED UPON SEPARATELY,AND THAT THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 1 OF 13 REMAINING ITEMS ON THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES: ASSOCIATE PLANNER RUDY ESQUIVIAS;PATROL OFFICER NORM SHAFER;POLICE DEPARTMENT DISPATCH PERSONNEL;PATROL OFFICER BOB BUGSCH;PUBLIC WORKS DEPARTMENT;PUBLIC WORKS DIRECTOR DOUG DOBSON;PUBLIC WORKS SUPERVISOR "B" HOYT;PUBLIC WORKS ACCOUNTING CLERK I TINA MARIE HAYES;CITY ENGINEER GORDON GRANDY;AND APPROVAL FOR THE PURCHASE THROUGH STATE BID OF ONE VEHICLE FROM SANDERSON FORD NOT TO EXCEED $17,000.00 FOR THE CITY MANAGER AND ONE VEHICLE FROM CHAPMAN CHEVROLET NOT TO EXCEED $17,000.00 FOR THE CITY CLERK DEPARTMENT; AND APPROVAL FOR THE PURCHASE OF A VAN/WHEELCHAIR ACCESSIBLE 1996 DODGE 2500 RAM VAN FROM ARNOLD'S AUTO CENTER IN THE AMOUNT OF $18,270.00;AND APPROVAL AND AUTHORIZATION BE GIVEN TO THE MAYOR AND CITY MANAGER TO SIGN THE ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION MAIN STREET PROGRAM,INC.FOR FISCAL YEAR 1997-98;AND THAT THE CITY MANAGER EMPLOYMENT AGREEMENT BE REAFFIRMED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Dale Head,2774 S.Mariposa,Apache Junction,addressed the council.He is concerned about dirt bikes,dune buggies and trucks trespassing on the vacant land annexed by the city which is to become Weekes Manor Subdivision, creating a large amount of dust and loud noise.He wanted to be assured that the police department would respond to residents'calls as the area is posted for no trespassing. Mr.Rey Montoya,944 N.Goldfield Rd.,Apache Junction,addressed the council. Since August 25 there have been 7 arson fires at his residence,3 of them on the structure and 3 times the residence has been occupied during an occurrence.He had requested surveillance on his house and the suspects,but he was informed the city does not have sufficient manpower to provide this service.He claimed Detective Sergeant Mullender has lied to him as to the procedures being taken by the department.He had been told a video camera in the sergeant's car would be put in place on October 3 or October 4;as of today there is no camera.He later learned there was no camera available,it could not be borrowed from the county until October 5.In addition,they are having problems with this video equipment and it is not recording anything. He is requesting outside assistance due to the lack of manpower and finances REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 2 OF 13 of the police department as his family is in grave danger,and he has barely escaped twice.They can no longer live in their house,and he added that his horses have been poisoned,with one of them dying.The insurance company has put up a fence around the house,which will be rebuilt.He believes he knows who is doing this and they are still on the streets,and he believes they will continue to burn the property as long as they are on the streets.He requested the city ask for outside assistance from the county or state with this problem. Ms.Theresa Evans,2037 W.Tufa St.,Apache Junction,addressed the council. She asked the council to initiate a corrected rezoning for Los Rocas Subdivision to CR-3/PD.Previously there have only been site -built homes and in the last 2-3 weeks mobile homes have started moving in.The county zoning allowed for mobile homes and it was not rezoned when it was annexed by the city.She has been told the lots are too small to be rezoned CR-3. CITY MANAGER'S REPORT City Manager Curtis Shook advised the council that Detective T.J.Watkins is at Desert Samaritan Hospital.He has been diagnosed as having suffered a stroke and he is recovering. CONSENT AGENDA CONSIDERATION OF APPOINTMENTS TO THE LIBRARY BOARD,CONSTRUCTION CODE BOARD OF APPEALS,PLANNING AND ZONING COMMISSION AND PUBLIC SAFETY PERSONNEL RETIREMENT BOARD )Vice Mayor Surra MOVED THAT LINDA JOYCE POTEET BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30, 2000;AND THAT PETER NOLAN BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,1998;AND THAT MELVIN KILBO BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD AS THE CITIZEN MEMBER FOR A TERM TO EXPIRE AUGUST 6,2001;AND GERALD DUNN BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR CATEGORY FOR A TERM TO EXPIRE JUNE 30,2000;AND THAT WE HAVE NOMINATIONS OF THE FOUR APPLICANTS FOR THE PLANNING & ZONING COMMISSION BE MOVED UPON BY UNANIMOUS DECISION OF THE COUNCIL. council that a unanimous vote commission appointment.Vice MOTION,DELETING THE PLANNING VOTE:Unanimous. There was general discussion by the may not be obtained for the planning and zoning Mayor Surra agreed that could be true. Councilmember Insalaco SECONDED THE & ZONING PART OF THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 3 OF 13 The motion carried. Mayor Coleman called for any nominations to the Planning and Zoning Commission. Councilmember Urich MOVED THAT RON REINAGLE BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2000. MOTION. nominations. NOMINATE MARIA EWELL. MOTION. Councilmember Durbala SECONDED THE Mayor Coleman asked for any other Councilmember McClain MOVED TO Councilmember Insalaco SECONDED THE Mayor Coleman asked if there were any other nominations.There being no further nominations,he closed the nominations and called for a vote for Ron Reinagle. VOTE:4-3 (Councilmembers Eck,Insalaco and McClain voted in opposition.) The motion carried. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1010/STOP SIGNS IN RENAISSANCE POINT UNIT 2 )City Engineer Gordon Grandy briefed the council on this item.He stated this needs to be approved for public works to erect the signs and the police department to enforce them. 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. stop signs are within the subdivision they are within the subdivision. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 4 OF 13 Councilmember Insalaco asked if the City Engineer Gordon Grandy stated Councilmember Durbala MOVED THAT ORDINANCE NO.1010 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 Ordinance No.1010 by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1010,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. APPOINTMENT OF COUNCIL LIAISONS ) )Mayor Coleman stated he had gone through all the requests he had been given,and noted most of them had requested the same things.He added he appreciated the councilmembers' attitudes in saying they would serve wherever they were designated to serve. He asked if there were any questions or discussion on the liaison position list he had given them before the meeting. Councilmember Eck asked if Councilmember Insalaco had asked for the Parks & Recreation liaison position. Mayor Coleman stated he had put on his survey that he would serve wherever he was asked to serve. Councilmember Eck stated he was very interested in that position.He added he would be happy to trade a liaison position. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 5 OF 13 Mayor Coleman asked Councilmember Insalaco what he would like to do. Councilmember Insalaco stated he would do whatever the mayor wanted him to do. Mayor Coleman suggested they add Councilmember Eck to Parks & Recreation.It will be the only city board or commission with two liaisons.He asked what evening the commission meets on. City Clerk Kathy Connelly stated they meet on the fourth Monday of the month. Vice Mayor Surra MOVED THAT THE COUNCIL LIAISONS,AS LISTED ON OUR PRIOR PREPARED SHEET,WITH THE ADDITION OF COUNCILMEMBER R.E.ECK WITH PARKS & RECREATION,THAT YOU APPOINT BE RATIFIED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.97-32/EXPANDING BOUNDARY OF ARROYO VERDE STREET LIGHT IMPROVEMENT DISTRICT (SLID 9510-1)AND CORRECT A SCRIVENERS ERROR IN RESOLUTION NO.97-07 ) )City Engineer Gordon Grandy briefed the council on this item.He explained that the error on Resolution No.97-07 had created a street light district that was not really there.The new resolution will correct that error and allow for the expansion of the district due to the developers building the subdivision in three phases.All of the lots will be within the boundary with this resolution. Mayor Coleman called for any discussion on the item.There being none,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.97-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,RELATING TO THE EXPANSION OF STREET LIGHT IMPROVEMENT DISTRICT SLID 9510-1 ARROYO VERDE,TO INCLUDE ALL THREE CONSTRUCTION PHASES OF ARROYO VERDE,A SUBDIVISION,RECORDED IN CABINET B SLIDE 107 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,ARIZONA,AND TO CORRECT A SCRIVENERS ERROR IN RESOLUTION NO.97-07,WHEREIN THE DISTRICT IS IDENTIFIED INCORRECTLY AS SLID 9501-1 INSTEAD OF THE CORRECT SLID 9510-1,AND DECLARING AN EMERGENCY,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 6 OF 13 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. GENERAL PLAN PROJECT/AGREEMENT FOR PROFESSIONAL SERVICES )Development Services Director Larry Harmer briefed the council on the item.This is to update the ten year old general plan.The consultant will handle a project including the general plan,a parks master plan,a housing needs assessment and a transportation and destination study.By putting these projects all together,it will be more cost effective for the city.The staff team believes CSC/Counts had demonstrated their ability to do all the projects. Mayor Coleman called for any discussion by the council. Councilmember Insalaco inquired if it would take the full 18 months to complete the projects. Development Services Director Larry Harmer stated the typical general plan process normally take 10-15 months, depending on whether there are extra duties or questions that need to be addressed.They are giving it enough time to cover any additional duties. Councilmember Durbala commented the presentation last night was excellent. Councilmember McClain asked how much public input the project woudl have. Development Services Director Larry Harmer stated there should be quite a bit throughout the process.There will be a minimum of 5 advertised sessions and other opportunity sessions to discuss it with the consultant.There will also be updates through the planning commission meetings. meetings there would be. Harmer stated they would be as needed. might be standard. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 7 OF 13 Councilmember McClain asked how many Development Services Director Larry Councilmember McClain asked what Development Services Director Larry Harmer asked Mr.Rick Counts to explain his experience in this situation. Mr.Rick Counts stated the schedule has planned for 5 public workshops,the norm is closer to 3.They anticipate regular briefings to council and the planning commission,as well as other boards and committees.They generally do those briefings on a quarterly basis. Councilmember McClain stated she had been curious as to how many meetings planning and zoning would be asked to participate in. Mr.Rick Counts stated he would anticipate a frequency of about quarterly.They will have regular contact with some members. Development Services Director Larry Harmer added they included a monthly synopsis on the status in the scope of work.That would be available for distribution. Mr.Rick Counts stated they have a regular status report form tailored to the departments of the community, including any contacts and meetings held since last reports,percentage of completion of tasks,the next steps to be taken,the projects anticipated to be completed in the next time frame and a longer range schedule.They would include or delete according to the council's preference. Mayor Coleman stated he appreciated the presentation given last night and has a better understanding of how things will be integrated with Main Street. Councilmember Urich commended staff for the thorough knowledge in this area and anticipating council's needs. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE AGREEMENT FOR PROFESSIONAL SERVICES FOR DEVELOPMENT AND REVISION OF THE APACHE JUNCTION GENERAL PLAN WITH CSC/COUNTS,RICHARD COUNTS,V.P.;FOR A TOTAL PROJECT COST OF $162,000.00,BE APPROVED AND THAT AUTHORIZATION TO SIGN THE AGREEMENT BE GIVEN TO THE MAYOR. Vice Mayor Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember McClain voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 8 OF 13 The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION CONSTRUCTION HOURS ) )City Manager Curtis Shook briefed the council on this item.He advised Councilmember Eck had requested the item as he had apparently heard some complaints regarding early construction activity.There had been hours listed in the city code earlier,but somehow that was deleted when the code was revised at some time.He requested the chief of police to give his comment,and finished by saying they would be coming back to this to reestablish times for beginning construction. Public Safety Director Robert Galloway stated they had received a complaint about 2-3 weeks ago regarding concrete pouring occurring at approximately 2:30 a.m.They found they did not have an ordinance to enforce at that time,only enforcement times for garbage and trash trucks.He found that 3 neighboring cities have good ordinances on construction times,with different starting times in the morning,different ending times at night,residential versus commercial versus highway,and also summer hours versus winter hours.He stated staff will put together a draft for them with a host of alternatives.He anticipates it will take about a month. Vice Mayor Surra stated if he was one of the residents with concrete being poured at 2:30 a.m.,a month would be too late. Councilmember Insalaco added he has heard about rivets being put in a water tank at 5:30 a.m. Public Safety Director Robert Galloway stated the next council meeting in two weeks would be too short a time to put the draft together.He was looking at the second council meeting from tonight. City Clerk Kathy Connelly stated he would have to have the draft to Barbara by this Thursday if he was to make the next meeting. Public Safety Director Robert Galloway suggested they might be able to make it a study session. There was general discussion about when the draft would be due. City Attorney Joel Stern stated he could understand their concern.He has seen ordinances where they even REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 9 OF 13 include decibel reading in order to go after them from a nuisance standpoint. He added they would have to make sure it would be enforced once it is passed, so someone would have to go out there to make sure they were doing it or have a witness who will testify.He stated they could also use civil remedies against violators,such as injunctions. Vice Mayor Surra stated if they are going to have an ordinance they will have to look at a way of having it enforced.There would have to be some kind of punitive damages to be assessed or it will not have any teeth. need the month to do all the research. Councilmember Durbala stated they City Engineer Gordon Grandy stated they should contact the construction trades to see why these things are being done at that time,such as the summer time sees more construction activity in the cool of the morning.He suggested that be researched.also. City Attorney Joel Stern stated if they are adding that,he will need more time than a month. Vice Mayor Surra commented that if they have 3 neighboring cities'ordinances,they should have already done that research as to whether concrete needs to be poured early in the morning.She does not see it as a reason to delay more than a month. session before the ordinance is ready. Councilmember Eck suggested a work Mayor Coleman called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCHING AND PREPARING AN ORDINANCE SPECIFYING HOURS OF OPERATION FOR CONSTRUCTION SITES:THAT THEY RETURN WITH THE ORDINANCE IN ONE MONTH'S TIME. MOTION. Vice Mayor Surra SECONDED THE Councilmember Durbala asked if he wanted to include the work session in the motion. City Manager Curtis Shook stated they would bring it back in the next work session. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 10 OF 13 The motion carried. REQUESTED ADVERTISEMENT FOR ADOPTION OF SCHOOL DEVELOPMENT FEES ) )City Manager Curtis Shook briefed the council on the item.The Apache Junction School District Superintendent has requested the city to adopt school development fees.The agreement is substantially complete pending the public hearing and review.He is requesting council to direct staff to do the required advertisement for the adoption of the school development fees for the second meeting in November. discussion by the council. Mayor Coleman opened the item to Councilmember Durbala stated he disagrees with the cost being charged to a residential unit versus a mobile home. and called for a motion. Mayor Coleman closed the discussion Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUIRED ADVERTISEMENT FOR ADOPTION OF SCHOOL DEVELOPMENT FEES:THAT THE PUBLIC NOTICE BE PREPARED AND PUBLISHED FOR A PUBLIC HEARING ON THE PROPOSED FEES TO BE SCHEDULED FOR A SPECIAL CITY COUNCIL MEETING,MONDAY,NOVEMBER 17TH,1997,PRIOR TO THE COUNCIL WORK SESSION,FOR POSSIBLE ADOPTION OF THE PROPOSED FEES SCHEDULED FOR THE REGULAR CITY COUNCIL MEETING,DECEMBER 2,1997. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Urich MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 20,1997,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,OCTOBER 21,1997, IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 11 OF 13 Vice Mayor Surra SECONDED THE VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala thanked the vice mayor for the prayer for his wife and family. Mayor Coleman stated they had received numerous requests for copies of their development ordinance to be sent out to other communities at the league conference.He added he had a good time and got a City of Peoria pin. Vice Mayor Surra stated she got one from the mayor of Tempe. Mayor Coleman stated next year is the twentieth anniversary of the incorporation of Apache Junction and suggested thinking of things that could be done to commemorate it. Councilmember Eck stated the varsity football team has won two games in a row after having lost 28 straight. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:56 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 16,1997. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval and Authorization to proceed with purchase of two vehicles through state contract:Sanderson Ford for City Manager's use not to exceed $17,000 and Chapman Chevrolet for City Clerk's Department not to exceed $17,000. 5.Award of Bid for PW 97-11 for lowest qualified bidder. 6.Consideration and Approval of Junction Main Street Program, 7.Reaffirmation of City Manager performance evaluation. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 12 OF 13 a van (wheelchair accessible)to the Economic Development Agreement with Apache Inc.for Fiscal Year 1997-98. Employment Agreement in conjunction with 8.Consideration of Appointments to Library Board,Construction Code Board of Appeals,Planning and Zoning Commission,and Public Safety Personnel Retirement Board. ACCEPTED THIS 4TH DAY OF NOVEMBER ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF NOVEMBER ,1997. ATTEST: KATHLEEN CONNELLY City Clerk Mayor 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 7th day of October,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of October,1997. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7,1997 PAGE 13 OF 13