Loading...
HomeMy WebLinkAbout1997-11-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 4,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 4,1997,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 Durbala 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 Asst.City Manager George Hoffman 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 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 SUPERVISOR "B"HOYT AND STAFF;PARKS WORKER I KENNY RICHTIG;PARKS WORKER I REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 1 OF 10 KEITH GRAVES;THE LIBRARY STAFF;MANAGEMENT INFORMATION SYSTEMS SUPERVISOR DONLEY HURD;PUBLIC WORKS MECHANIC ERIC BROWN;ASSOCIATE PLANNER RUDY ESQUIVIAS;AND THE POLICE DEPARTMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS The Superstition Mountain 4H Horse Club presented the city with a check for $500 towards improving the rodeo arena.Parks & Recreation Director Jeff Bell accepted the check and commented the money was matched by the Superstition Mountain Promotional Corporation and the Goldfield Ghost Riders,and the city will further match all those funds to have a total of $3,000 to put towards sand to improve the footing in the arena and make it safer for the users. CALL TO THE PUBLIC Mr.Ronald Kill,349 S.Saguaro Dr.,Apache Junction,addressed the council regarding Little League.He wanted to announce a hamburger cookout fundraiser to be held at Prospector Park on November 22 from 1 p.m.to 4 p.m.A hunt for $150 gold nuggets will be included at this event.He invited the council and city staff to attend.He thanked the local businesses for their support of Little League,and recognized Jeff Bell and his staff for their help coordinating the activities and maintaining all of the facilities.He also recognized the council for their efforts in solving the community's problems, setting aside politics and getting the job done.He presented them window stickers supporting Little League and stated they would receive a baseball cap when they attended the hamburger cookout.He invited them to speak to the children at that event. Mr.Dale Head,2774 S.Mariposa Rd.,Apache Junction,addressed the council regarding Ordinance No.940.He commented Ordinance No.940 pertains to a lot of the developments in progress,including the landfill.He does not believe the increase in the size of the landfill will increase property values.He requested council to read up on the location of retention basins in the ordinance,especially the part where a retention basin,if on frontage landscaping,should not take on the appearance of a barren ditch. Mr.Al Moore,402 N.105th St.,Apache Junction,addressed the council regarding the closure of Broadway Avenue.He inquired when the road would be opened as he wants to build a storage facility on his property,but as i t stands right now,no one would come down the street. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 2 OF 10 City Manager Curtis Shook asked for Mr.Moore's address and phone number in order for city staff to contact him regarding Broadway Avenue. Mr.Al Moore stated his phone number was 986-1125 and gave his address.He added if there is no action taken,he would have to go back to court regarding this.He threatened to send the case the Congressman Haywood. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1011/CONSTRUCTION NOISE REGULATIONS )City Attorney Joel Stern briefed the council on the item.He stated the comments and suggestions from the work session had been used to amend the ordinance as requested by council.There are some clerical errors that need to be corrected:there is a copyright symbol where the letter "C"should be on page one;and there is a colon on page three under Subsection F that should not be there. 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 ORDINANCE NO.1011 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. Ordinance No.1011 by title only. Vice Mayor Surra SECONDED THE City Clerk Kathy Connelly read Councilmember Eck MOVED THAT ORDINANCE NO.1011,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 3 OF 10 The motion carried. PROPOSED RESOLUTION NO.97-34/STREET LIGHT IMPROVEMENT DISTRICT -SUNRISE CANYON; PROPOSED RESOLUTION NO.97-31/ORDERING WORK FOR STREET LIGHT IMPROVEMENT DISTRICT -SUNRISE CANYON )City Engineer Gordon Grandy briefed the council on the items.The one resolution creates the district, the other orders the installation of the lights. Mayor Coleman opened the public hearing on both resolutions.There being no one wishing to speak,he closed the public hearing and opened the items to council discussion. Councilmember Durbala asked if the assessment would take place with the next proposal. City Engineer Gordon Grandy stated that is correct.The lights are not up and working yet. Councilmember Durbala asked if the $114,632 would be put into the initial assessment until it is paid off. City Engineer Gordon Grandy stated that is the money the city has to put in up front.Once the lights are energized,then there will be an assessment proposed by resolution and the city will collect that money over the next three years. Councilmember Durbala asked if the developer will be paying for all of those lots that are not sold. City Engineer Gordon Grandy stated they would. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.97-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING ITS INTENTION TO CREATE A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA DESCRIBED AS SUNRISE CANYON,A SUBDIVISION,AS RECORDED IN CABINET B,SLIDE 158 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 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 4 OF 10 PUBLIC BENEFIT,AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON THAT CERTAIN DISTRICT,BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT RESOLUTION NO.97-31,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 SUNRISE CANYON,A SUBDIVISION RECORDED IN CABINET B,SLIDE 158,PINAL COUNTY RECORDER, PINAL COUNTY,ARIZONA,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.97-33/ABANDONMENT OF A PORTION OF A DRAINAGE EASEMENT IN CONJUNCTION WITH CIMMARRON SUBDIVISION ) )City Engineer Gordon Grandy briefed the council on the item.This easement was established during the settlement between Pinal County and John Harambasic.During the shaping of the subdivision,there is a sliver of the easement that was not needed as part of the subdivision.I t should revert back to private ownership and should have been done concurrently with the final plat. Mayor Coleman opened the discussion by council.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.97-33,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A DRAINAGE EASEMENT DESCRIBED IN INSTRUMENT NO.1996-025249,PINAL COUNTY RECORDERS,IS NO LONGER REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 5 OF 10 NECESSARY FOR USE AS A DRAINAGE EASEMENT AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE EASEMENT,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.97-38/HIGHWAY TRAFFIC SAFETY GRANTS ) )Department of Public Safety Director Robert Galloway briefed the council on the item.At the beginning of the year the department submitted proposals for grants from the state;one for driving under the influence (DUI)enforcement and one for speed and accident enforcement.The largest is approximately $66,000,the smaller one is approximately $62,000,and they each have the officer and the equipment needed funded in it.There is little or no matching city funds.In March the Governor's Office created the state-wide plan for highway safety and the proposals were turned over to them.This office is asking the city to negotiate the proposals into one and agree to a dollar amount.The state is asking for a resolution authorizing one person in the city to negotiate the proposal and contract.This resolution would appoint Captain Dan Scott as the negotiator. Mayor Coleman opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.97-38,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 1997 HIGHWAY SAFETY PLAN,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.97-39/OPPOSING THE CURRENT AHCCCS/ALTCS HEALTH PROGRAMS FUNDING MANDATED BY A.R.S.§11-292 ) )Mayor Coleman briefed the council on the item.Information is included in the packet regarding the disparity between what Pinal County residents pay and what other more populous counties REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 6 OF 10 pay.He requested Pinal County Supervisor Sandie Smith to speak on the subject. Pinal County Supervisor Sandie Smith stated she had brought some new numbers and two proposals have been brought by the Governor's Office today.These are somewhat better than what had been proposed before.She heard today that the legislature is considering removing it and taking on the responsibility where it should be,which is with the state.If they cannot remove these programs from the property tax and seek alternate funding,then the four things they are proposing would still stand, and all fifteen counties are behind what they are proposing.She thanked the council for considering the proclamation.She added the county is doing a free dumping this weekend at the landfill,and this includes the citizens of Apache Junction. on the item. Mayor Coleman opened the discussion Councilmember McClain stated she appreciated the county supervisor looking out for their interest. Pinal County Supervisor Sandie Smith stated 43% of the property tax goes for the AHCCCS/ALTCS programs,which is 48% higher than most of the other counties'residents have to pay,and 5% of the total AHCCCS cost is still paid by the county.They do not believe it should be paid by property taxes. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.97-39,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,OPPOSING THE CURRENT AHCCCS/ALTCS HEALTH PROGRAMS FUNDING MANDATED BY ARIZONA REVISED STATUTES §11-292,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION REGULATIONS FOR SEXUALLY -ORIENTED BUSINESSES )Councilmember Durbala briefed the council on the item.He believes the zoning should be kept out of the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 7 OF 10 recommendation for staff at this time.He commented he had received a phone call from Maricopa County Supervisor Fulton Brock today and he relayed they had passed an ordinance to be effective December 1 that should stop the expansion and growth of these adult businesses west of the city limits,and he offered assistance for any information to help develop our ordinance. Supervisor Brock had stated the city had really changed its image in the last few years and he has noticed the clean up of the city on his recent trips out here.Councilmember Durbala mentioned he would like to see things such as licensing the businesses,licensing the performers,tipping restrictions for the performers,investigation and fingerprint requirements,license issues and revocation procedures,definitions and interior design regulations included in the staff direction.He would like to see this brought back at the last meeting in January. Mayor Coleman opened the item to discussion by the council.He asked the city attorney if the time frame was adequate. City Attorney Joel Stern stated the time period is fine for him to draft the ordinance. Vice Mayor Surra asked if the dollar amounts on the previous draft will be different from this draft. Councilmember Durbala stated he was looking at a $1,500 fee for the business and $500 per performer.He believes this should be discussed by council,unless they want that specifically put into the motion at this time. Vice Mayor Surra stated the draft should have some idea as to the dollar amount for the license fee. Councilmember Durbala stated he thought the city attorney would evaluate other ordinances already passed by other cities and counties and would then decide on what our fees should be. Vice Mayor Surra recommended we stay level with what is seen in the surrounding areas. City Attorney Joel Stern stated he would do a study on what the other cities are doing to determine the going fees and come up with a significant basis for that amount,possibly tying it into the administrative costs for processing the applications,such as fingerprinting costs.These costs should be built into the fee schedule to recover all the costs. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 8 OF 10 Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE CITY ATTORNEY AND STAFF REGARDING PROPOSED REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES:TO INCLUDE THE FOLLOWING: LICENSING FEES FOR BUSINESSES AND PERFORMERS;NO TIPPING RESTRICTION FOR PERFORMERS;INVESTIGATION AND FINGERPRINT REQUIREMENTS;LICENSE ISSUES; REVOCATION PROCEDURES;DEFINITIONS;INTERIOR DESIGN REGULATIONS FOR ALL TYPES OF ADULT BUSINESSES USE;AND TO BRING THIS BACK AT THE LAST MEETING IN JANUARY. Councilmember Insalaco SECONDED THE MOTION. City Clerk Kathy Connelly asked if they wanted it for discussion on January 19 at the work session and adoption on January 20 at the regular meeting. Councilmember Durbala stated he wanted it for discussion on the 19th and adoption on the 20th. City Attorney Joel Stern stated he would advise council if the study will take longer than estimated and he will then request it be put on the agenda to advise them of the information needing to be discussed. 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,NOVEMBER 17,1997,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,NOVEMBER 18,1997, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 9 OF 10 Mayor Coleman gave a reminder of the special meeting for a public hearing on school development fees to be held on Monday,November 24,1997,at 7:00 p.m. in the city council chambers. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:48 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of October 7,1997. 3.Acceptance of Minutes of Regular Meeting of October 21,1997. 4.Recognition of Outstanding Service to the Community by City Employees. ACCEPTED THIS 18TH DAY OF NOVEMBER ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER 1997. DOUG Mayor ATTEST: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 10 OF 10 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 4th day of November,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of November,1997. City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,1997 PAGE 11 OF 10