HomeMy WebLinkAbout1996-07-16 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
JULY 16,1996
The regular
Arizona,was held
Chambers pursuant
CALL TO ORDER
Mayor Coleman called the meeting to order at 7:00 p.m.
INVOCATION
Mayor Coleman gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Hendricks led the Pledge of Allegiance.
ROLL CALL
meeting of the City Council of the City of Apache Junction,
on July 16,1996,at the Apache Junction City Council
to the notice required by law.
Councilmembers Present:Mayor Coleman
Vice Mayor Richmond
Councilmember Barker
Councilmember Durbala
Councilmember Hendricks
Councilmember Surra
(one vacancy)
Staff Present:City Manager Curtis Shook
Asst.City Manager George Hoffman
City Clerk Kathleen Connelly
City Attorney Glenn Gimbut
Public Safety Lieutenant Brian Duncan
Library Director Pam Loui
Public Works Director Doug Dobson
Development Services Director Larry Harmer
Others Present:Planning Manager Jim Nakagawa
Associate Planner Kate Morris
Housing & Grants Coordinator John Petroff
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 16,1996
PAGE 1 OF 17
the Police Department;Police Officer Randy Betts;Sergeant Woody Haywood;
Public Works employee Frank Subia;Public Works employee Cathy Parsley;the
City Council;the Health and Human Services Commission;City Clerk Kathy
Connelly;Animal Control Officer Tom Aulik;AND
THAT THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES
FOR 1995-96 FISCAL YEAR BE ACCEPTED;AND
THAT RESOLUTION NO.96-26,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY
1996 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,CERTIFYING THAT SAID
APPLICATION MEETS THE COMMUNITY'S PREVIOUSLY IDENTIFIED HOUSING AND COMMUNITY
DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE CDBG PROGRAM,AND
AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES
OUTLINED IN SAID APPLICATION;AND
THAT RESOLUTION NO.96-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND
RELOCATION ASSISTANCE PLAN FOR FY 1996,AS REQUIRED UNDER SECTION 104(D)OF
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED;AND
THAT THE CONTRACT FOR HIRSCH & SALTSMAN FOR PROSECUTORIAL SERVICES FOR 1996-97
FISCAL YEAR BE APPROVED.
Councilmember Surra SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
AWARDS.PRESENTATIONS AND COMMUNICATIONS
City Clerk Kathy Connelly administered the oath of office to newly appointed
Councilmember Carol Urich.Councilmember Urich then took her place on the
dais.
CALL TO THE PUBLIC
Mr.Charles Rineholt,1555 S.Cactus Drive,addressed the council regarding
Elke Dieffenbach's property on Starr Rd.He briefed the council on the steps
taken thus far by her in trying to place her manufactured home legally on her
property.He requested council to lift the moratorium on street abandonment
and allow the abandonment of 9th Avenue by her house to be considered.
Mr.Harold Weidner,10301 E.Sleepy Hollow Trail,Gold Canyon,addressed the
council regarding the incorporation of Gold Canyon.He read a statement from
the committee against incorporation.He then read his own statement on the
conduct of the Gold Canyon Incorporation Committee.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 2 OF 17
Mr.Robert Meineke,8846 E.Golden Cholla Drive,Gold Canyon,addressed the
council regarding the incorporation of Gold Canyon.He advised they have
collected more than enough signatures to place incorporation on the fall
ballot.He again requested their right to vote on the issue.
Mrs.Phyllis Rowe,9830 E.Palermo,Gold Canyon,addressed the council.She
briefed the council on the builders'view on incorporation,which is in
opposition.She commented the sales tax on builders would be the basis of
their revenue,until it was built out,and then taxes would fall on the
residents.She asked the council to make a decision on real figures.
Mr.Bill White,3023 E.10th Avenue,addressed the council regarding the
problem with irresponsible dog owners.He urged the council to give Animal
Control an ordinance with some teeth in it,and to impose a three dog limit.
Mayor Coleman called for a ten minute recess.
Mayor Coleman reconvened the meeting and continued with the Call to the
Public.
Mrs.Kathryn Barton,8649 E.Golden Cholla Circle,Gold Canyon,addressed the
council to commend the excellent and prompt work of the fire department,
police department,sheriff's office and coroner on an emergency on her street
one week ago last Saturday.
Ms Japs Flott,200 E.Southern Ave.,#124,addressed the council requesting
bicycle lanes.
CITY MANAGER'S REPORT
City Manager Curtis Shook addressed the council on the beginning of
construction of the water line.He requested Public Works Director Doug
Dobson to brief the council on the item.
Public Works Director Doug Dobson briefed the council on the item.He stated
it had been started this morning at Buena Vista and 16th Avenue and continued
with the path of construction in the future.The water line and pump should
be in by late September or early October,with the well running at that time.
City Manager Curtis Shook advised the council that the county planning and
zoning committee meeting may have postponed addressing the 500 foot radio
tower until the August meeting.He recommended anyone interested in attending
for that item should contact the County Board of Supervisors'Office tomorrow
morning to see if it is still scheduled.
PUBLIC HEARINGS
APPLICATION FOR A NEW LIQUOR LICENSE,
SERIES 12,SUBMITTED FOR ESCONDIDO
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 3 OF 17
MEXICAN RESTAURANT )
)City Clerk Kathleen Connelly
briefed the council on this item.She stated the police department,fire
department and building divisions all recommended approval.The applicant was
present to answer any questions.
they wished to address the council.
further to add.
Mayor Coleman asked the applicant i f
Mrs.Rose Galindo had nothing
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.
Councilmember Hendricks MOVED THAT
THE APPLICATION FOR A NEW LIQUOR LICENSE,SERIES 12,SUBMITTED FOR THE
ESCONDIDO MEXICAN RESTAURANT,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA
DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Vice Mayor Richmond SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
CONSIDERATION OF APPROVAL OF SD -1-96,
FINAL PLAT FOR PHASE I OF RENAISSANCE
POINT SUBDIVISION )
)Development Services Director
Larry Harmer briefed the council on this item.A developer agreement was
added to the packet to allow the developers to build model homes.They
anticipate building to start in the fall.Representatives of the applicant
were in attendance to answer questions.
wished to address the council.
Mayor Coleman asked if the applicant
Mr.Kent Lay,10201 S.51st Street,
Phoenix,addressed the council.He concurred with staff's recommendations and
welcomed any council questions.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 4 OF 17
many model homes would be built.
Vice Mayor Richmond inquired how
Mr.Kent Lay advised they planned on
building six.They would not build on the other lots by the model homes
unless they were sold or needed to update the units.
Development Services Director Larry
Harmer advised Canterbury has been moving faster on the subdivision than
normal,which has caused the other two subdivision to start accelerating.
Mayor Coleman opened the public
hearing.There being no one wishing to speak,he closed the public hearing.
Councilmember Durbala MOVED THAT
CONDITIONAL APPROVAL OF SD -1-96,THE FINAL PLAT FOR PHASE I OF RENAISSANCE
POINT SUBDIVISION AND THE DEVELOPMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF
MODEL HOMES BE APPROVED.
Councilmember Hendricks SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
PROPOSED ORDINANCE NO.954,ESTABLISHING
STOP SIGNS )
the council on this item.
)City Manager Curtis Shook briefed
Mayor Coleman opened the public
hearing.There being no one wishing to speak,he closed the public hearing.
Mayor Coleman opened the item up to
council discussion.There being no one wishing to speak,he closed the
discussion.
Councilmember Urich MOVED THAT
ORDINANCE NO.954 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE
ORDINANCE BE WAIVED.
Councilmember Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 5 OF 17
City Clerk Kathy Connelly read
Ordinance No.954 by title only.
Councilmember Urich MOTIONED THAT
ORDINANCE NO.954,AS READ BY THE CITY CLERK,BE APPROVED.
MOTION.
VOTE:Unanimous.
The motion carried.
Councilmember Hendricks SECONDED THE
PROPOSED ORDINANCE NO.955 AND
CONSIDERATION OF PRELIMINARY PLAT APPROVAL
FOR MERIDIAN MANOR SUBDIVISION
)Development Services Director
Larry Harmer briefed the council on the item.He requested Associate Planner
Kate Morris do the formal presentation.
Associate Planner Kate Morris
briefed the council in depth on this item.The lots average 5500 square feet,
and a variance is being requested from the normal 8000 square feet since they
are setting up common areas and a commercial complex.This is a proposed
senior community.The commercial area will be on the southeast corner of
Meridian and Southern.
Councilmember Durbala asked if the
narrative report listed in the packet was included in the ordinance itself.
Associate Planner Kate Morris said
it was not.
Councilmember Durbala and Associate
Planner Kate Morris discussed if all the buildings being stuccoed were
included in the ordinance.It was mentioned this could be included if council
so stipulated.
Councilmember Barker asked if
Delaware was going to be put through by the developer,as it does not go
through now.
Associate Planner Kate Morris stated
the developer would build the road.
Councilmember Barker asked if it
would be dedicated back to the city.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 6 OF 17
Associate Planner Kate Morris stated
it would be dedicated back to the city.
Councilmember Barker and Associate
Planner Kate Morris discussed the parking space available at the community
center and the residential lots.
Councilmember Barker verified with
Associate Planner Kate Morris that this would be an age restricted community.
Councilmember Barker and Associate
Planner Kate Morris discussed the density of the development.
wished to address the council.
Mayor Coleman asked if the applicant
Mr.Clyde Barney,1025 N.Peppertree
Drive,Gilbert,addressed the council.He briefed the council on manufactured
housing and he showed slides on developments similar to his proposal.
Councilmember Barker asked if they
were proposing tile roofs.
Mr.Clyde Barney stated it would be
up to the individual homeowner.
Councilmember Barker,Mr.Clyde
Barney and an unidentified man discussed the amount of area around the
manufactured home.
Mayor Coleman opened the public
hearing.He had received a request from Midge Conway to speak on the item.
Mrs.Midge Conway,902 S.Ocotillo,
Dr.,addressed the council.She thought the Planning & Zoning Commission had
not had a hearing on this proposal,but was informed that they had.She
suggested the Planning & Zoning Commission and the City Council get together
for a work session before deciding on the item.She commented on how
Roadhaven continued to ask for variances after it was approved,and suggested
putting a clause in wherein they could not have a variance put through until
after fifteen years.
Mr.John Smith,3400 S.Ironwood,
addressed the council.He is the manager of Palmas del Sol East,and the
owners of the property from Southern and Meridian to the freeway had asked him
to present a protest petition.The area is in the county.The protest was
lodged because the lot sizes are rental mobile home sizes,and with no
management the minimal landscaping would be difficult to enforce.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 7 OF 17
Councilmember Barker asked Mr.John
Smith what the lot sizes are and square footage per lot in his subdivision.
Mr.John Smith stated they average
60'X 85',approximately 5500 square feet.
Councilmember Barker asked how many
homes were in his subdivision.
Mr.John Smith stated there will be
441 homes when i t is full,and it is strictly rental mobile homes.
Councilmember Barker commented he
had 5100 square feet per lot with 441 homes,and the proposed subdivision has
5100 to 5700 square feet with 445 homes.
Mr.John Smith commented on the size
of the lots allowed by city standards depending on their zoning.
Councilmember Barker asked
Development Services Director Larry Harmer to address the matter.
Development Services Director Larry
Harmer stated that under current zoning they can go down to 3000 square feet
per lot.They are requesting the planned development designation to get the
larger lot.The difference in size between a straight subdivision of 8000
square feet and this request is because of allowances given for a community
center,a retention area which will be developed as a public park and will not
be restricted to park residents,and the commercial property.These
allowances make the square footage fall into place.
Councilmember Barker stated to Mr.
Smith that she was trying to compare the two communities in size,and she had
been through his community and really liked it.
Mr.John Smith stated they are
setting a precedent for the same type of community on the north and west sides
of the intersection.
Development Services Director Larry
Harmer stated if this area stayed in the same zoning as a rental park it would
have 900+ units.
City Manager Curtis Shook stated the
commercial part of this proposal will be revenue producer for the city.
Councilmember Barker stated it gives
the area some balance.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 8 OF 17
Mr.John Smith stated the commercial
property on the southwest side of Meridian and Southern is zoned the same.He
was advised that property is not in the city limits.
Mrs.Midge Conway wanted to know how
the CCR's were going to be enforced.
Vice Mayor Richmond stated
homeowners associations enforce them.
Mrs.Midge Conway stated they do not
have the money to enforce them,and it takes a lawyer.
City Attorney Glenn Gimbut stated
Midge was correct in her comment on CCR's.It is not the city's business to
get into that topic;it does not have the power or the legal ability to
enforce them.It is a private agreement which runs with the land.He stated
the design Pulte Homes put into its CCR's has a strong homeowners association
and a strong dues element,which collects money for the enforcement of CCR's.
He suggested they would be enforced at Renaissance Point.
Mr.Lee Gauthorp,2400 E.Baseline,
addressed the council on the evolution and change in the manufactured home
industry.He stated they are intent on building a quality product and noted
there is a strong demand for ownership of the property by the purchasers of
the manufactured homes.He estimated 70% of the purchasers want to buy their
land rather then rent the land.Florence and Queen Creek are the only areas
on the east side where they can do this,and this could be a big plus to the
Apache Junction community.
Mr.George Arnold,1586 W.Maggio
Way,Chandler,Vice President of Marketing and Sales with Benchmark Equities
out of Tucson,addressed the council on the size of the lot.He stated most
of the people interested in these properties have already owned a large
property and are looking to downsize.The lots of newer developments are a
near standard which will accept a double -wide up to 64'long and allow a
double carport on one side or a single carport on one side and a patio on the
other side.Most of the people buying these want time to have fun,and spend
little time maintaining the premises.
Mr.Dan Cohen,1783 W.University,
Tempe,with D & M Engineering,addressed the council.He stated with respect
to density,this project had 0.184 acres per dwelling unit,which is almost
8000 square feet,the minimum lot being 80'X 100'.Almost 11% of the park is
designated for open areas,which is approximately 8.75 acres.The normal lot
is 5200 square feet,but the buyers also "buy into" the 8.75 acres which they
get exclusive use of and the amenities package.He stated they have agreed to
five stipulations for this planned development.One is strict architectural
guidelines to insure compliance with the development standards.The second is
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 9 OF 17
a stucco finish on all the residential units to conform to development
standards.The third was a palette of at least five colors to choose from in
accordance with design standards.They hope to have fifteen to sixteen
different types of models to choose from to avoid the "cookie cutter"
approach.The fourth item was the commitment to a high quality community
center including the buildings and amenity package.The final item was the
CCR's.He stated he believed the protest was lodged when they refused to
approve cart blanche any kind of development they would propose next door to
Meridian Manor.
Councilmember Hendricks asked if
these would all be on a foundation.
Mr.Dan Cohen stated they would be
set in ground.
Councilmember Surra asked if they
could be put back on wheels and moved later.
Mr.Dan Cohen stated they could.
Councilmember Durbala briefed the
council on how these are installed.
Councilmember Hendricks asked if
they would be stuccoed.
Mr.Dan Cohen stated they would be
stuccoed.
Councilmember Hendricks asked if the
roofs would be tiled.
Mr.Clyde Barney stated the roof
would be whatever the homeowner would like.
Councilmember Hendricks asked if the
target community was for retirement community.
Mr.Clyde Barney stated it was.
Councilmember Hendricks asked if
this was for seasonal or permanent residents.
Mr.Clyde Barney stated he hoped
this would be their permanent home,though some may go north during the
summer.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 10 OF 17
packages were required.
Councilmember Hendricks if landscape
Mr.Clyde Barney stated they would
be totally landscaped.There will be landscape,architectural and
agricultural committees.
Councilmember Urich and Mr.Dan
Cohen discussed what happens to the wheels and how the home is set in the
ground.
City Attorney Glenn Gimbut advised
three quarters of the council,or six votes,are required to pass the
ordinance due to the protest.
Glenn Gimbut for the clarification.
Mayor Coleman thanked City Attorney
Mayor Coleman closed the public
hearing.He opened the item to further discussion from council.
Vice Mayor Richmond asked if the
five stipulations were included in the ordinance.
City Attorney Glenn Gimbut stated he
had drafted an amendment for Mr.Durbala which would include them in the
ordinance.
Councilmember Durbala commented on
the trip he and Jim Nakagawa took to Cavco and other parks similar to the one
being built and he supported the project.
Development Services Director Larry
Harmer informed the council the meeting for the Planning & Zoning Commission
for this item occurred on June 25th,which was a formal public hearing.
Mayor Coleman closed the council
discussion.
Councilmember Durbala MOVED THAT
ORDINANCE NO.955 BE READ BY TITLE ONLY AND THE READING OF ENTIRE ORDINANCE BE
WAIVED.
Vice Mayor Richmond SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 11 OF 17
City Clerk Kathy Connelly read
Ordinance No.955 by title only.
Councilmember Durbala MOVED THAT
ORDINANCE NO.955,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE
FOLLOWING AMENDMENTS:UNDER NO.4,DEVELOPMENT FOR THE APPROXIMATELY 82 ACRES
OF TRAILER HOME PLAN DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE NARRATIVE
REPORT OF MERIDIAN MANOR AS PREPARED BY D & M ENGINEERING,INCLUDING BUT NOT
LIMITED TO,THE STIPULATIONS IDENTIFIED AS SECTION 9 ON PAGE 6 OF SAID REPORT.
Councilmember Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
Councilmember Barker MOVED THAT
CONDITIONAL APPROVAL OF SD -96-03,THE PRELIMINARY PLAT FOR MERIDIAN MANOR
SUBDIVISION,BE APPROVED.
Councilmember Hendricks SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
OLD BUSINESS
None.
NEW BUSINESS
INTERGOVERNMENTAL AGREEMENT TO ACCEPT
LIBRARY SERVICES AND CONSTRUCTION ACT
TITLE I GRANT FUNDS )
)Library Director Pam Loui briefed
the council on this item.
Mayor Coleman opened the item to
discussion by the council.
Councilmember Surra stated they were
very pleased with everything the library has accomplished over the years.
Councilmember Surra MOVED THAT
RESOLUTION NO.96-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,APPROVING AN INTERGOVERNMENTAL "PROJECT AGREEMENT" WITH
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 12 OF 17
THE ARIZONA STATE DEPARTMENT OF LIBRARY,ARCHIVES AND PUBLIC RECORDS TO ACCEPT
$43,500 PROVIDED BY THE LIBRARY SERVICES AND CONSTRUCTION ACT,AS AMENDED,BE
APPROVED.
Councilmember Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
CONSIDERATION AND POSSIBLE APPROVAL OF A
PROPOSED AGREEMENT BETWEEN THE CITY OF
APACHE JUNCTION AND THE AJ CHAMBER OF
COMMERCE REGARDING PURCHASE OF THE
CHAMBER BUILDING )
)City Manager Curtis Shook briefed
the council on this item.He offered to fill in the blanks of the agreement
for council:Item No.4,the conveyance title,be made at the sale close
within sixty days after the date of this agreement;No.6,escrow shall be
opened with a deposit of 5%,and the parties would agree with the title
company as to the escrow instructions;No.3 would be filled in with the day
the lease started.
City Attorney Glenn Gimbut advised
Item No.6 was meant to be filled in with the name of the title company
without a requirement of a minimum deposit.
City Manager Curtis Shook continued
with filling in the blanks.Under No.13 the address needed in there would be
the address of the current Parks & Recreation building.On No.15,
terminating one year from date of execution should be entered in there.He
stated it was an excellent agreement drawn up by City Attorney Glenn Gimbut,
and advised the Chamber had reviewed the document and they made some
suggestions on the blanks just filled in.This will allow the Chamber to move
onto the Trail and the City to continue redevelopment processes in the central
business district area,and it protects both parties.
Mayor Coleman opened the item to
discussion by council,hearing none he closed the discussion.
Councilmember Barker MOVED THAT THE
PROPOSED AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION
CHAMBER OF COMMERCE REGARDING THE PURCHASE OF THE CHAMBER BUILDING IN THE
AMOUNT OF $80,000,BE APPROVED WITH THE FOLLOWING:IN NO.3 THE DATE WILL BE
FILLED IN AS THE ORIGINAL LEASE AGREEMENT;NO.4 SIXTY;NO.6 WILL BE FILLED
IN WITH THE NAME OF THE TITLE COMPANY;NO.13,THE ADDRESS OF 1001 NORTH IDAHO
ROAD WILL BE REMOVED AND REPLACED WITH THE ADDRESS FOR PARKS & RECREATION;AND
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 13 OF 17
NO.15,AFTER THE WORD "CITY",IT SHOULD SAY TERMINATING ONE YEAR FROM THE
DATE OF EXECUTION.
Councilmember Urich SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS
DIRECTION TO STAFF CONCERNING RECRUITMENT
FOR PRESIDING MAGISTRATE
)Assistant City Manager George
Hoffman briefed the council on this item.
Councilmember Barker asked if it
looked like the State law was going to change to require a judge to be an
attorney.
City Attorney Glenn Gimbut advised
that is the intent of the Arizona Supreme Court.
Councilmember Barker recommended the
judge be an attorney to remove any future upheaval.
Councilmember Durbala recommended
finding someone in Arizona experienced with Arizona law.
Councilmember Surra asked if someone
who was experienced with Arizona law but had moved out of state would be
ineligible.
Councilmember Durbala stated he
preferred someone who is experienced in Arizona law and the State statutes,
whether an attorney,a pro tem judge or other areas.He would prefer someone
from in -state to avoid any problems.
Councilmember Urich asked if that
would limit the selection process.
Councilmember Durbala said it
probably would but they would have experience in Arizona statutes,and could
thereby avoid a retraining period.He believes there are qualified judges in
Arizona that are available.
Assistant Manager George Hoffman
stated it did not have to be a strict requirement,direction could be given to
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 14 OF 17
recruit in state only which would result in most of the applicants being from
Arizona.
There was general discussion among
the council and the assistant city manager as to whether it should be
restricted to in -state applicants,with comment being made about out-of-state
applicants who had applied for the interim presiding judge position just
appointed.Also discussed was just using the requirement of experience in
Arizona laws and statutes.
City Attorney Glenn Gimbut suggested
making it a requirement that the applicant be a licensed attorney for the
State of Arizona.
the city attorney's suggestion.
Councilmember Hendricks agreed with
Councilmember Surra stated the
applicant should be qualified if they had practiced in the state,even if they
had moved out of state.
Mayor Coleman stated he preferred to
recruit in -state,but any applications received from out-of-state should also
be considered.
Councilmember Barker and Assistant
City Manager George Hoffman discussed the new judge orientation training
period in December and if the applicant should have had this training
previously.
Councilmember Surra stated it might
limit the number of applicants if they are required to have already taken the
class.
There was general discussion on
compensation,which would depend on experience and qualifications.
There was general discussion on the
pre-screening process using judges and attorneys.
Vice Mayor Richmond MOVED THAT THE
FOLLOWING DIRECTION BE GIVEN TO STAFF CONCERNING THE RECRUITMENT FOR THE
PRESIDING MAGISTRATE:THAT THE APPLICANT BE A LICENSED ATTORNEY WITH ARIZONA
LAW EXPERIENCE PREFERRED;THAT THE APPLICANT PREFERABLY RESIDE IN STATE;THAT
THE COMPENSATION WILL DEPEND ON QUALIFICATIONS;AND THAT A PANEL OF JUDGES AND
ATTORNEYS BE USED IN THE PRE-SCREENING PROCESS.
Councilmember Barker SECONDED THE
MOTION.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 15 OF 17
VOTE:Unanimous.
The motion carried.
SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES
Vice Mayor Richmond MOVED THAT AN
EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,BE HELD ON
MONDAY,AUGUST 5,1996,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,AUGUST 6,1996,IN
THE CITY COUNCIL CONFERENCE ROOM.
Councilmember Barker SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
INFORMATION AND REPORTS
None.
ADJOURNMENT
meeting at 9:19 p.m.
Consent Agenda Items are as follows:
1.Acceptance of agenda.
2.Acceptance of the Minutes of Regular Meeting of July 2,1996.
3.Recognition of Outstanding Service to the Community by City Employees.
4.Acceptance of Annual Report of the Apache Junction Public Library Board
of Trustees for FY 1995-96.
)Mayor Coleman adjourned the
5.Approval of Resolutions No.96-26 and No.96-27,Approval for
Application for Community Development Block Grant funds (second round
application.
6.Approval of Contract to Hirsch and Saltsman for prosecutorial services
for FY 1996-97.
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
PAGE 16 OF 17
ACCEPTED THIS 6TH DAY OF AUGUST ,1996,BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 6TH DAY OF AUGUST
ATTEST:
KATHLEEN CONNELLY
City Clerk
DOUGLAS ULEMil
Mayor
CITY COUNCIL MINUTES
CERTIFICATION
,1996.
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 July,1996.I further certify that
the meeting was duly called and held and that a quorum was present.
Dated this 22nd day of July,1996.
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
JULY 16,1996
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