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HomeMy WebLinkAbout1996-07-02 City Council Regular MinutesThe regular Arizona,was held Chambers pursuant CALL TO ORDER CITY COUNCIL REGULAR MEETING JULY 2,1996 meeting of the City Council of the City of Apache Junction, on July 2,1996,at the Apache Junction City Council to the notice required by law. Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Surra gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Richmond led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hendricks Councilmember Surra (one vacancy) City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Development Services Director Larry Harmer Economic Development Specialist Ken Simpkins Staff Present: Others Present: ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES: REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 1 OF 15 Library employee Gail Graham-Fisel;the Public Works personnel;the Custodial Crew;the Parks & Recreation personnel;the City Council and the Health & Human Services Commission;AND THAT THE INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID IN LAW ENFORCEMENT STATE- WIDE GANG TASK FORCE '96-'97;BE APPROVED;AND THAT WE MOVE ITEM NO.11 TO FOLLOW DIRECTLY AFTER THE CITY MANAGER'S REPORT. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman stated there was a proclamation of the mayor designating July as "Water Safety Month".He had City Clerk Kathleen Connelly read the proclamation.Mayor Coleman stated the idea came from citizen Steve Edwards, and he presented the proclamation to Firefighter John Kevin of the Apache Junction Fire District. CALL TO THE PUBLIC Mr.Robert Meineke,8846 E.Golden Cholla,Gold Canyon,addressed the council regarding the incorporation of Gold Canyon.He stated he represented the Gold Canyon Incorporation Committee,a political action committee.He advised a thirty-five member exploratory committee was formed last December to address incorporation.He briefed the council on the steps the exploratory committee has taken thus far.A second organization,the Gold Canyon Incorporation Commitee,was established on May 15,1996.He commented on the timeliness of their response to the council's and city manager's questions.One issue has stalled the incorporation effort,and that is the issue of boundaries.He urged for the council to call for the staff's report and render a decision, yes to allow them to vote on incorporation,or no and follow it with a move to annex the Gold Canyon area.He feels no decision at all would deny the citizens of Gold Canyon their right to vote. Mrs.Alex Harris,P.O.Box 3411,Apache Junction,addressed the council regarding statements made about her by members of the council.She admonished the Mayor and Councilmember Durbala for statements they had made.She commented on how the council handled her contract and that their justification for not renewing it was unjust and unethical. Mr.John Pein,6326 E.20th Avenue,addressed the council.He commented on the professional way the dog ordinance committee was handled by Chief Galloway for the six months he was on it.He admitted consensus was reached on REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 2 OF 15 everything except the number of dogs allowed on a given property.He asked that the number of dogs per property use a graduated scale depending on the size of the property. Mr.Mike Alltop,1059 S.Hilton Road,addressed the council.He reiterated Chief Galloway did a tremendous job on the dog ordinance committee.He believed they came up with good guidelines on how to control what they do with their animals and how to make them responsible owners.He does not want any limit on the number of dogs;if a number of dogs is needed,make it graduated. He also commented on the pending city council appointment.He would like to see city council members live in different parts of the city and who have different interests in careers. Mrs.Jean Perkins,616 N.Cactus Street,addressed the council.She urged the council to try to correct the addressing problem on the city streets. CITY MANAGER'S REPORT None. Mayor Coleman called for a five minute recess. Mayor Coleman reconvened the meeting. NEW BUSINESS SELECTION OF INDIVIDUAL TO FILL VACANT COUNCIL POSITION )Councilmember Durbala addressed the council,stating his nomination had the qualities and background needed by serving on various commissions and by being a business owner.He MOVED THAT THE VACANT CITY COUNCIL POSITION BE FILLED BY JOHN INSALACO FOR THE REMAINDER OF THIS COUNCIL TERM ENDING JUNE,1999. Councilmember Surra SECONDED THE MOTION. Mayor Coleman and the council discussed whether to go on to the next nomination if there was no majority approval,and it was decided to continue with the next nomination if this nomination did not pass. VOTE:3-3 (Councilmember Barker,Vice Mayor Richmond and Councilmember Hendricks voting in opposition.) The motion failed. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 3 OF 15 Councilmember Barker MOVED THAT THE VACANT CITY COUNCIL POSITION BE FILLED BY CAROL URICH FOR THE REMAINDER OF THIS COUNCIL TERM ENDING JUNE,1999. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented they had several qualified candidates and he would have supported any one of several. He appreciated the response from all of the candidates.He then advised Carol Urich she would be seated and officially sworn in at the next council meeting. PUBLIC HEARINGS APPLICATION FOR A NEW LIQUOR LICENSE, SERIES 10,SUBMITTED FOR MESA APACHE JUNCTION K.O.A (BEER & WINE STORE )City Clerk Kathleen Connelly briefed the council on this item.She stated no objections were received on the license.The applicant may be in the audience. Mr.Mike Mortensen declined to speak. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Mayor Coleman opened the item up to questions or discussion from the council,hearing none he closed the discussion. APPLICATION FOR A NEW LIQUOR JUNCTION K.O.A.(BEER & WINE Vice Mayor Richmond MOVED THAT THE LICENSE,SERIES 10,SUBMITTED FOR MESA APACHE STORE),BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 4 OF 15 OLD BUSINESS APPOINTMENTS/REAPPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS )Mayor Coleman suggested taking the appointments one board at a time.The first board is the Industrial Development Authority. City Clerk Kathleen Connelly advised the mayor that with the appointment of Carol Urich to the council,this leaves a vacancy on the Health & Human Services Committee. Councilmember Barker commented Health & Human Services has finished its major annual project;talent bank applications could be solicited or we could go from what we have.We can fill the ones needed tonight and fill this vacancy later. The other councilmembers agreed to wait to fill the vacancy on the Health & Human Services Commission. Councilmember Surra reminded the council that a number of council candidates had stated they would be interested in serving on boards or commissions if they were not chosen for the city council. Councilmember Surra MOVED THAT JESSICA VAILLANCOURT AND GALAD ELFLANDSSON BE NOMINATED FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE TERMS EXPIRING IN 1999,AND ROBERT ALGER AND MARIA EWELL BE NOMINATED FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE TERMS EXPIRING IN 2001. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman advised the next board was the Parks & Recreation Commission with two terms expiring in 1999. Vice Mayor Richmond MOVED THAT GARY MULHOLLAND AND JAMES HUTCHINSON BE REAPPOINTED TO THE PARKS & RECREATION COMMISSION FOR TERMS EXPIRING IN 1999. Councilmember Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 5 OF 15 VOTE:3-3 (Councilmember Barker,Councilmember Durbala and Councilmember Hendricks voted in opposition.) The motion failed. Councilmember Barker MOVED THAT TEDDY JULIAN AND W.TATE LITTLE BE APPOINTED TO THE PARKS & RECREATION COMMISSION FOR TERMS EXPIRING JUNE 3,1999. Councilmember Durbala advised Mr. Julian is not interested in the Parks & Recreation Commission.Councilmember Barker stated she only had one name then. Councilmember Hendricks suggested Robert Alger. Councilmember Surra asked Mr.Alger if he would be interested in serving on two boards.Mr.Alger accepted. City Attorney Glenn Gimbut informed the council the Industrial Development Authority will currently be a very inactive board.It meets depending on market conditions.For the last few years the market conditions have been unfavorable,however,in the last six months the market conditions have changed and there may be some activity. Councilmember Hendricks MOVED THAT W.TATE LITTLE AND ROBERT ALGER BE APPOINTED TO THE PARKS & RECREATION COMMISSION FOR TERMS EXPIRING JUNE 30,1999. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman stated the next commission was the Planning & Zoning Commission. Councilmember Durbala MOVED THAT TEDDY JULIAN,TOM KELLEY-DEVANEY AND MIDGE CONWAY BE APPOINTED TO THE PLANNING & ZONING COMMISSION FOR TERMS EXPIRING JUNE 30,1999. Councilmember Surra SECONDED THE MOTION. VOTE:5-1 (Councilmember Hendricks voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 6 OF 15 Mayor Coleman stated the next board was the Public Safety Personnel Retirement Board,with one term expiring in 1997 and one in 1999.This board also does not meet very often. Councilmember Barker MOVED THAT ELLIOTT FISHER BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM EXPIRING IN 1997,AND JESSICA VAILLANCOURT BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM EXPIRING IN 1999. Councilmember Hendricks SECONDED THE MOTION. VOTE:5-1 (Councilmember Durbala voted in opposition.) The motion carried. Mayor Coleman announced the next position was on the Transportation Board with one vacancy. Councilmember Hendricks moved to nominate John Insalaco but was told he was already on the board. Councilmember Hendricks MOVED THAT MARIA EWELL BE APPOINTED TO THE TRANSPORTATION BOARD FOR A TERM EXPIRING JUNE 30,1997. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman thanked all the applicants,stating it was the first time they had more applicants than spaces available. City Attorney Glenn Gimbut reminded the council that with the appointment of Midge Conway to the Planning & Zoning Commission,she must be removed from the Board of Adjustment and another person appointed in that position. Councilmember Surra stated Midge had already declined the Board of Adjustment appointment. they still needed to appoint someone. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 7 OF 15 City Clerk Kathleen Connelly stated Councilmember Surra commented that Mr.Fugate has not indicated if he would be interested in anything else.Upon checking the audience,it was found he had already left and could not be questioned on whether he wished to be appointed to a board. Councilmember Surra asked Mr. Elflandsson if he would be interested in the position. Mr.Elfflandsson stated that would be fine. Councilmember Barker MOVED THAT GALAD ELFLANDSSON BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM EXPIRING JUNE 30,1999. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF PRELIMINARY CROSSROADS REVITALIZATION AND REDEVELOPMENT DISTRICT PLAN )City Manager Curtis Shook briefed the council on this item.He advised Ken Simpkins of the Economic Development Department and Rayna Barela from the Main Street Program had presentations to give regarding possible additions to the program. Rayna Barela addressed the council. She reminded the council they are seeking preliminary approval tonight.The plan does not state specifics,those are left to the project developers.The tax income portion is pending legal advice before it is incorporated and it will be on a separate addendum. Economic Development Specialist Ken Simpkins stated he had nothing further to add and would answer any council questions. Rayna Barela added a document of this type should not be "in cement",it needs to be amendable. Mayor Coleman closed the discussion after hearing no further comments or questions. Councilmember Barker MOVED THAT THE PRELIMINARY CRRD PLAN BE ADOPTED AND STAFF BE AUTHORIZED TO CIRCULATE THE PLAN FOR REVIEW AND COMMENT BY ALL APPROPRIATE STAFF,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 8 OF 15 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried NEW BUSINESS CONSIDERATION OF POSSIBLE APPROVAL OF THE INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION UNIFIED SCHOOL DISTRICT FOR ADMINISTRATIVE SERVICES FOR PHASE II, DEVELOPMENT IMPACT STUDY FEE )City Manager Curtis Shook briefed the council on this item. Development Services Director Larry Harmer stated the school district board had met and approved this agreement. The consultants have already started on the city's portion. Mayor Coleman opened the item up to questions or comments from the council,hearing none he closed the discussion. Councilmember Surra MOVED THAT THE INTERGOVERNMENTAL AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT FOR ADMINISTRATIVE SERVICES FOR PHASE II,DEVELOPMENT IMPACT FEE STUDY,BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DIRECTION TO STAFF FOR REVISION OF CHAPTER 6 ANIMAL CONTROL ORDINANCES OF THE CITY CODE )Police Chief Robert Galloway briefed the council on this item. Mayor Coleman inquired how the three dog limit was arrived at and if there is a difficulty with a graduated scale according to acreages. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 9 OF 15 Police Chief Robert Galloway briefed the council on how the three dog limit was determined,and what the limits currently are for commercial permits and kennel permits.He stated a sliding scale on limits could be used. Mayor Coleman and Chief Galloway discussed the problem with the current kennel permit guidelines. Chief Galloway stated there is not a way to determine how many dogs are too many,what needs to be addressed is responsible dog ownership.In all the previous cities he has worked in,they had a dog ordinance and all of them had a limit of three. Councilmember Surra stated she does not believe the number is the essential item here,but enforcing the concerns of animal noise and loose animals on your property. Mayor Coleman stated he believes the dogs play off each other.He does not have a problem with the current ordinance.More dogs means more responsibility to the community. Councilmember Surra suggested taking away the neutering stipulation for the kennel permits. Chief Galloway stated that would be easy to do. Mayor Coleman stated doing away with neutering would not help the unwanted dog population Animal Control must destroy. There was general council discussion on what the euthanasia of dogs costs the city on a monthly basis.When all fees and wages are included,it was determined to cost approximately $55 per •dog,and last year there were 1,064 dogs put to sleep.900 cats were also destroyed. Vice Mayor Richmond stated she has no problem with someone having 5 show dogs,but then they should be considered a business. Councilmember Surra and Chief Galloway discussed the location stipulations on a commercial kennel permit. Councilmember Durbala commented Pinal County is the only area that has a private kennel ordinance:the other cities do not have that.They go under the county guidelines.The cities in Maricopa County go under their guidelines,they have no dog limits.The current decision seems to be to limit it only in residential neighborhoods or everywhere. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 10 OF 15 Councilmember Durbala and Chief Galloway discussed the Pinal County regulations on dogs and cats. Councilmember Durbala would like to see no fee in the ordinance for service -type dogs,just the fee for vaccination. Councilmember Durbala believes it will be almost unenforceable for Animal Control no matter what limit of dogs is decided. Councilmember Durbala and Chief Galloway discussed the enforceability of the dog limit. Councilmember Barker stated one cannot legislate moral responsibility.She does not believe numbers is an answer. Chief Galloway requested the council to go over the other six items with him to see if there was any direction on them,and then finish with the numbers. In general,the council agreed Issue No.1,Definitions,needed to be overhauled.On Issue No.2,Commercial Kennels,the council wants them to remain in commercial zones. Councilmember Barker inquired if there is no limit on numbers,is it now going to become a business license instead? Chief Galloway replied you have to have a business license in order to have a commercial kennel permit. There was general discussion on the limit of dogs for a commercial kennel permit,what is a show dog,numbers of dogs,of Issue No.6,the "pooper scooper"law and Issue No.5,the untethered dogs in the back of trucks.There was determined to be no problem with Issue No.6. Vice Mayor Richmond questioned how Issue No.5 could be enforced on people driving to the lakes if they are not city residents. Chief Galloway replied when you are in a city you live by their ordinances,this would work the same.He understood this ordinance is okay. There was general discussion on Issue No.3 and Issue No.4,the personal kennel permit and the dog number REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 11 OF 15 limit.Annual inspection services were discussed,but this may be costly if a lot of permits are issued. Chief Galloway rebriefed the council on the pit bull issue that started this committee and ordinance overhaul. There was a general discussion by Councilmember Barker and Chief Galloway as to whether number of dogs was the problem. Chief Galloway suggested working on the other five issues and bringing this one back in the future. Vice Mayor Richmond asked if the three dog limit will be enforced that is presently on the books if the personal kennel permit and limit on dogs is not settled now,or will it be continually ignored. Chief Galloway stated they could enforce the laws as they are currently written. There was general discussion on this not being done recently because of the impending changes.It was believed these current ordinances were supposed to be enforced until they had been changed.It was mentioned they were not enforced because some people may have had to spend large amount of capital when in a few months it might have changed again.No one thought it was going to take this long to agree on these ordinances.The ordinances will be enforced if council wants Animal Control to do so. Councilmember Durbala stated if pot- bellied pigs could be limited,he could see no reason why dogs could not be limited. Councilmember Barker stated if it was left the way it is presently,there would be a three dog limit. Mayor Coleman liked all the other recommendations,and he would like to see up to three without any other permit and more than three if they get a private kennel license and can show responsibility.If it is for breeding purposes they need to relocate to commercial property. they should be spayed or neutered. Councilmember Durbala questioned if City Attorney Glenn Gimbut stated objective,measurable,hard standards are what is required. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 12 OF 15 There was a general discussion on the personal kennel permit.There seems to be a consensus on removing the sterilization requirement. Chief Galloway suggested preparing another draft and bringing it to council in a work session. Councilmember Hendricks wants to make sure that if you license a dog individually,you cannot have as many as you want. Councilmember Surra believes even if you have a personal kennel permit,all the animals should still be licensed. Councilmember Hendricks said he would like to see something on vicious dogs,and was informed there is an ordinance on the books now. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING REVISIONS OF CHAPTER 6 OF THE CITY CODE:THAT STAFF PREPARE A DRAFT BASED ON DISCUSSION AND RETURN IT TO A WORK SESSION FOR FURTHER REVIEW. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS,AND PURPOSES Councilmember Barker MOVED THAT A SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION BE HELD ON MONDAY,JULY 15, 1996,AT 6:30 P.M.IN THE CITY COUNCIL CHAMBERS;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,BE HELD ON MONDAY,JULY 15,1996,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,JULY 16,1996,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 13 OF 15 INFORMATION AND REPORTS Assistant City Manager George Hoffman advised the Bitchu-Town will be here next Monday at 11:00 a.m.;the mayor,vice mayor and Councilmember Surra will be there,anyone else interested should call him to get details. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Special meeting of June 17,1996. 3.Acceptance of Minutes of Regular Meeting of June 18,1996. 4.Recognition of Outstanding Service to the Community by City Employees. 5.Approval of Renewal of Intergovernmental Agreement with Arizona Department of Public Safety for Mutual Aid in Law Enforcement State-wide Gang Task Force for 1996-97. ACCEPTED THIS 16 t h DAY OF July ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 14 OF 15 ,Tott.04.4 DOUGLAS WLEMAN Mayor ,1996. 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 July,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of July,1996. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 2,1996 PAGE 15 OF 15