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HomeMy WebLinkAbout1996-08-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 6,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 6,1996,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 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 Councilmember Urich Staff Present: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 Finance Director Keith Lewis Public Works Director Doug Dobson Development Services Director Larry Harmer Others Present:Planning Manager Jim Nakagawa Associate Planner Kate Morris 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 AUGUST 6,1996 PAGE 1 OF 24 IN THE AMOUNT OF $12,000;PINAL-GILA COUNCIL FOR SENIOR CITIZENS (SENIOR CENTER)IN THE AMOUNT OF $15,000;SALVATION ARMY IN THE AMOUNT OF $8,000; SMMHC,INC.,IN THE AMOUNT OF $22,000;FOR A TOTAL OF $74,000;AND THAT THE 18 -MONTH LEASE AGREEMENT WITH THE DEPARTMENT OF ECONOMIC SECURITY FOR LEASE OF CITY LAND BE APPROVED AND RATIFIED. 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 the week of September 1-7 as "United Way Week".He had City Clerk Kathy Connelly read the proclamation.Mayor Coleman presented the proclamation to a representative of the Pinal County United Way. Mayor Coleman addressed the residents of the Gold Canyon area for the record. "You,as any citizen or group of citizens,are more than welcome to attend our council meetings.Your desires on both sides of the issue have been duly noted.As long as you don't disrupt our proceedings and you allow us to conduct our city's business in a professional manner,you are welcome. I would like to say,however,that if you have been led to believe that your attendance at our council meetings will somehow expedite the process that our city is currently engaged in,concerning Gold Canyon incorporation,you have been misled.We have asked our staff to prepare a rather comprehensive study on the effects that your proposed incorporation will have on our community.State law gives us this right to conduct this review.It is our right,and really it's our duty,and we will exercise that right.This is the very purpose and reason for this state law. A study of this magnitude which will guide this council on our decision on behalf of our 20,000 residents takes some time to prepare.Our staff is in the process of gathering information, some of which is coming internally,and some from outside agencies and organizations.We do not dictate how soon these organizations will provide us the information we need,but we are pressing forward and doing the best that we can. I would hope that you would allow us the courtesy of studying this issue as thoroughly as we feel we need to in order to fulfill the REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 3 OF 24 Sgt.Woody Haywood;the police staff;Parks & Recreation Director Jeff Bell; Parks & Recreation employee Joe Hayduk;the Parks & Recreation Department;the Public Works Department;the City Council;Detective T.J.Watkins;Detective Sergeant Troy Mullender;Detective Dick Boulden;Parks & Recreation Pool Employee Jeff Ehrlich;Corporal Pat Wagner;Officer Randy Betts;the Apache Junction city government;AND THAT THE BID FOR ENG 96-04,INSTALLATION OF SEWER LATERALS AT CITY COMPLEX, LIBRARY AND DEPARTMENT OF ECONOMIC SECURITY,BE AWARDED TO ARIGON PLUMBING IN THE AMOUNT OF $12,071 PLUS 10% TO COVER ANY UNFORESEEN UNDERGROUND COMPLICATIONS,AND AUTHORIZING THE CITY MANAGER TO SIGN THE NECESSARY CONTRACT;AND THAT THE BID FOR PW 96-01 SIGN MATERIALS BE AWARDED TO 3M FOR VINYL SHEETING IN THE AMOUNT OF $6,504.44;SABI SIGNS AND BLANKS FOR ALUMINUM BLANKS IN THE AMOUNT OF $1,178.95;PW 96-02 TIRES BE AWARDED TO CHARLIE CASE FOR VARIOUS TIRES IN THE AMOUNT OF $7,068.96;JAMES TIRE FOR VARIOUS TIRES IN THE AMOUNT OF $2,755.54;WESTERN TIRE FOR DRIVE TIRES IN THE AMOUNT OF $1,137.36; PURCELL'S WESTERN STATES TIRES FOR VARIOUS TIRES IN THE AMOUNT OF $7,743.02; PW 96-03 FUEL BE AWARDED TO MESA FUEL IN THE AMOUNT OF $0.765 FOR DIESEL AND $0.986 FOR UNLEADED;PW 96-04 WASHED CHIPS BE AWARDED TO UNITED METRO MATERIALS FOR $12.72 PER TON;PW 96-05 PAVING MATERIALS BE AWARDED TO MESA MATERIALS FOR $23.88 PER TON FOR 3/8" AC,$23.29 PER TON FOR 3/4" AC,$29.68 PER TON FOR COLD MIX;PW 96-06 SAND & AGGREGATES BE AWARDED TO CASHWAY CONCRETE FOR SPEC ABC IN THE AMOUNT OF $7.95 PER TON;PW 96-07 CHIP SEAL OILS BE AWARDED TO COPPERSTATE EMULSIONS IN THE AMOUNT OF $0.79 PER GALLON;PW 96- 08 GRANITE BE AWARDED TO TREASURE CHEST IN THE AMOUNT OF $2.75 FOR 3/8 DESERT ROSE AND SPANISH GOLD (FOB)$4.75 (DELIVERED),$6.00 FOR 1/2 DESERT ROSE AND SPANISH GOLD (FOB)$8.00 (DELIVERED),$5.25 FOR 3/4 DESERT ROSE AND SPANISH GOLD (FOB)$7.25 (DELIVERED);PW 96-09 UNIFORM RENTAL BE AWARDED TO G & K SERVICES IN THE AMOUNT OF $4.81 PER PERSON ($17.00 REPLACEMENT)FOR OPTION 1, $4.54 PER PERSON ($17.00 REPLACEMENT)FOR OPTION 2,$4.27 PER PERSON ($17.00 REPLACEMENT)FOR OPTION 3;PW 96-10 CRACK SEAL MATERIALS BE AWARDED TO BREWER COTE IN THE AMOUNT OF $0.1788 PER POUND;AND THAT THE CITY MANAGER IS AUTHORIZED TO SIGN THE NECESSARY CONTRACTS;AND THAT THE CURRENT AT&T LEASE FOR THE MAIN CITY HALL COMPLEX MERLIN LEGEND TELEPHONE SYSTEM BE UPGRADED TO A LEASE FOR AN AT&T (LUCENT TECHNOLOGIES) DEFINITY G3S1 SYSTEM WITH INTUITY AUDIX SHOWN AS OPTION I 60 -MONTH FAIR MARKET LEASE;AND THAT THE CITY MANAGER IS AUTHORIZED TO SIGN THE NECESSARY CONTRACTS;AND THAT TONY VEHON AND JOHN HARAMBASIC BE REAPPOINTED TO THE BOARD OF DIRECTORS FOR THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT FOR TERMS TO EXPIRE JULY 7,2002;AND THAT THE HUMAN SERVICES CONTRACTS FOR FISCAL YEAR 1996-97 BE APPROVED AS FOLLOWS:ABUSE PREVENTION COUNCIL,INC.,IN THE AMOUNT OF $5,000;APACHE JUNCTION REACH OUT,INC.,(FOOD BANK)IN THE AMOUNT OF $12,000;CAHRA,INC., REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 2 OF 24 responsibility we assumed when we took our oaths of office -to look after the interests and affairs of our community.Thank you." CALL TO THE PUBLIC Mr.Robert Meinecke,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 clarified why other residents for incorporation were not at the last meeting.He informed the council they are here tonight,and other residents for incorporation are out on the patio,and they would be back at each following meeting until they are allowed a chance to vote. Mrs.Pat Blakely,8881 E.Salik Circle,Mountainbrook Village at Gold Canyon, addressed the council.She is the Vice Chair of the incorporation committee but spoke on a personal note.She complimented the city on the focal point, however,she feels the city is "greedy" when it comes to annexation.She is does not believe the "acres" currently in the city are "being taken care of". In regards to the Gold Canyon incorporation effort,she advised she is having trouble finding out what the plans are for the city.She then thanked everyone for showing up,both pro and con on the incorporation. Mrs.Jean Perkins,616 N.Cactus Street,addressed the council.She commended the council on its stance over the Gold Canyon issue. Mayor Coleman called for a five minute recess. Mayor Coleman reconvened the meeting. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.959,PZ-96-05, CAREAGE HEALTHCARE,INC. )Development Services Director Larry Harmer briefed the council on this item.He stated there was an additional exhibit that could clarify some of the questions raised in the work session.He then turned the item over to Kate Morris,Associate Planner. Associate Planner Kate Morris briefed the council on this item.A new site plan had been filed.The applicant was proposing one story casitas (duplexes and triplexes)around the outer limits,two main buildings on the interior with a 31'height,and a change in the parking on this revised site plan.The average age anticipated in this development will be 80 years plus,lessening the parking need.Due to REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 4 OF 24 this being a planned development,special circumstances can be granted to apply just to this parcel,such as an increase in the overall height and the parking regulations. Mr.Bill Rigg of Careage Corporation addressed the council.He explained the reason for the 31'height limit, which is to have a three story building in order to shorten the distance the elderly occupants would have to travel to get to certain facilities,such as the dining facilities.They placed the taller building in the southwest corner of the property to locate it near the commercial area next to the property,and are trying to create a pyramid effect with the duplex and triplex units.It is undetermined what they will do with the property to the west of the main buildings;that will depend on the need at the time.He promised no buildings in that area would be more than two stories in height. He briefed the council on the line of sight and how it will be accomplished. He believes this change in elevation will not cause any sewer problems.He then showed the council some renderings of their buildings. drawing was from Ironwood looking west. Ironwood looking southwest. questions from the council. Mayor Coleman asked if the first Mr.Bill Rigg stated it was from The buildings are east/west in direction. Mayor Coleman opened the item to Councilmember Surra asked about the insufficient data regarding the sewer placement;she wanted to know the source of the information. Mr.Bill Rigg stated the source was the sewer district.He briefed the council on the sewage flow. Mayor Coleman opened the public There being no one wishing to speak on this item,he closed thehearing. hearing. Mayor Coleman opened the item to further questions or discussion from the council,hearing none he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.959 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Richmond SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 5 OF 24 VOTE:Unanimous. City Clerk Kathy Connelly read the Ordinance No.959 by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.959,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.960,PZ-96-10, EVERGREEN DEVELOPMENT ) )Development Services Director Larry Harmer briefed the council on the item.He advised the property adjacent to the proposed Walgreen's would have its own planned development to be viewed by the council at a later date.He then deferred to Associate Planner Kate Morris. Associate Planner Kate Morris further briefed the council on this item.This Walgreens'will have a pneumatic tube drive -through.This proposed ordinance has five stipulations previously briefed by Mr.Harmer.The applicant representative Julie Yates was in the audience for questions. Councilmember Barker asked how far away the West Apache Trail entrance was from Idaho. Associate Planner Kate Morris stated it was 217'from Idaho. Councilmember Durbala,Associate Planner Kate Morris and Ms.Julie Yates discussed the need of a right turn lane on Idaho coming from the Trail.At this time it does not appear to be required per City Engineer Gordon Grandy but is required by ADOT. Mayor Coleman asked Ms.Yates if she wished to address the council. Ms.Julie Yates,with Evergreen Development,1300 E.Missouri,Suite A200,Phoenix,addressed the council. She attempted to clarify the answer to Councilmember Durbala's question.The deceleration lane was proposed by ADOT,and Evergreen Development is in contention of the deceleration lane on Idaho being necessary.It was REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 6 OF 24 mentioned by ADOT in their last meeting with them,but not the three previous meetings. tube is like the tubes at a bank. it would only be for prescriptions. Mayor Coleman asked if the pneumatic Ms.Julie Yates stated it was,and Councilmember Surra asked if "in contention" meant that Evergreen Development did not believe the turn lane was necessary. Ms.Julie Yates stated that was correct.They do not believe the traffic is heavy enough to warrant it. Councilmember Surra asked if approval could be built into the ordinance for the turn lane to be there, whether ADOT believes it should be there or not. City Attorney Glenn Gimbut stated ADOT retains the exclusive right as to whether the turn lane will be there or not.If it is put into the ordinance and ADOT says no,the property owner is caught in the middle,and they could not comply with the ordinance. Councilmember Surra asked if she could mention it to the owner that they would like to see it there. Ms.Julie Yates stated ADOT suggested they do a traffic study,and they are trying to work with them on their requests.She has noted what the council has been saying. Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the hearing. further discussion by the council. Mayor Coleman opened the item to Councilmember Durbala asked City Engineer Gordon Grandy why the right turn lane on Apache Trail was not required. City Engineer Gordon Grandy briefed the council on why the right turn lane was unneccessary,as the third lane functions as a right turn lane now.He advised the apartment complex entrance will be off of Phelps. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 7 OF 24 Mayor Coleman closed the discussion on the item and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.960 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. City Clerk Kathy Connelly read Ordinance No.960 by title only. Councilmember Urich MOVED THAT ORDINANCE NO.960,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CASE NO.PZ-96-09,CATHERINE TAYLOR PROPOSED ORDINANCE NO.961 )Development Services Director Larry Harmer asked for a continuance to September 3.This item had been pre- advertised for a hearing,but the planning commission has not heard it and will not hear it until their August 13 meeting. Councilmember Surra asked if any people who may have come to speak on this item could be allowed to speak. Development Services Director Larry Harmer stated they could be heard. Mayor Coleman asked if any of the public wished to address the council on the issue.There being no one wishing to speak,he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO.961,PZ-96-09,BE CONTINUED TO THE MEETING OF SEPTEMBER 3,1996. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 8 OF 24 The motion carried. PROPOSED CROSSROADS REVITALIZATION/ REDEVELOPMENT DISTRICT PLAN (CRRD), PROPOSED RESOLUTION NO.96-31 ) )Development Services Director Larry Harmer briefed the council on the item.He advised the planning commission has approved the plan.This resolution gives permission to get information and prepare the paperwork on an advisory committee. Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the public hearing. Mayor Coleman opened the item to further discussion from the council.There being no further discussion,he called for a motion. Vice Mayor Richmond MOVED THAT RESOLUTION 96-31,A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE CROSSROADS REVITALIZATION/ REDEVELOPMENT PLAN,BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AN -1-96,ORDINANCE NO.958,PROPOSED ANNEXATION AND ADOPTION OF CITY ZONING OF MOSTLY VACANT STATE LANDS.SOUTH OF CITY ) )Development Services Director Larry Harmer briefed the council on this item.This is an annexation attempting to further square up the city limits. Mayor Coleman asked what the difference was between the amended ordinance given to them tonight and the one appearing in the packet. City Attorney Glenn Gimbut stated the amendments are in the whereases clause to reflect this annexation is dealing with state land only,there being no private property owners. Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the public hearing. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 9 OF 24 further discussion by the council. called for a motion. ORDINANCE NO.958 BE READ BY TITLE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. Ordinance No.958 by title only. Mayor Coleman opened the item to There being no further discussion,he Councilmember Barker MOVED THAT ONLY AND THE READING OF THE ENTIRE Councilmember Surra SECONDED THE City Clerk Kathy Connelly read Councilmember Barker MOVED THAT ORDINANCE NO.958,AS READ BY THE CITY CLERK,BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON PROPOSED ANNEXATION CASES AN -3-96 & AN -4-96 ) )Development Services Director Larry Harmer briefed the council on this item.He stated these items are separate and must be handled in individual public hearings.He stated they are not for council action tonight. Mayor Coleman opened the public hearing on AN -3-96.He had received one request to speak from Keith Gaines, 5483 S.Pyrite Circle,Gold Canyon,however,Mr.Gaines withdrew his request after hearing the staff report.There being no one wishing to speak,he closed the public hearing on AN -3-96. Mayor Coleman opened the public hearing on AN -4-96.There being no one wishing to speak,he closed the public hearing. Mayor Coleman opened the item to further discussion by the council. Development Services Director Larry Harmer stated he had received contact today from representatives of sixty of the acres in AN -4-96 who stated they are in agreement with the annexation. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 10 OF 24 Councilmember Surra commented it was very helpful to have the synopsis along with the larger documents and hoped this type of information would continue. Mayor Coleman closed the discussion on the item. PROPOSED ORDINANCE NO.956,ESTABLISHING A CURFEW AND ADDING A SECTION ON TRUANCY ) )City Attorney Glenn Gimbut briefed the council on the item. Mayor Coleman opened the item to questions from the council.There being no questions,he opened the public hearing. Mrs.Mary Warga,2905 W.Foothill St.,Apache Junction,addressed the council.She questioned whether mandatory fines and laws can legally be imposed on juveniles,based on the Arizona Constitution,Article 6,Subsection 15.This subsection states the superior court will have exclusive jurisdiction over juveniles.She feels this ordinance should be studied further,and that the police department would not be able to enforce this outside the city limits.She believes the school system and the police department are two separate entities,and the police should not have to enforce truancy laws. Councilmember Surra stated she had asked the county attorney about this at the work session,and he stated this does not have anything to do with juvenile crime or the juvenile justice system.They are ordinances that would be an infraction if you were in the city only. Mrs.Mary Warga stated if it was not going to be enforced on all the children in the school district,then it becomes unequal protection under the law. City Attorney Glenn Gimbut stated any enforcement would still be done in the superior court.The jurisdiction to hear a case or decide a case is different from the power to pass a law. The courts do not pass laws;they enforce and apply those passed by a legislative body.If these laws are enforced,it will be under the jurisdiction of the juvenile section of the superior court through the county attorney's office.With respect to truancy,it is a state statute,and nothing in the ordinance is different from the state law.The difference here is a mandatory minimum fine that would be in our ordinance.It is legal and constitutional.With respect to charging a student residing outside the city limits,it is the considered legal opinion of three other contacted cities that the act of truancy occurs at the school,not at the home.This is the considered opinion of the Maricopa County Attorney's Office,the Attorney REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 11 OF 24 General's Office,the City of Glendale,the City of Peoria and the City of Phoenix.This type of ordinance has been effect on the west side for two or three years and has been effective. Mrs.Mary Warga stated by mandating a mandatory fine,you are changing what the state statute says,and beware of the "beast" you will create.There are more single mothers working in this county than elsewhere.When a child gets fined,he will go out and steal while his mother is working at night,unaware he is out,in order to pay his fine.She believes this will now create more criminals. Mr.Scott Warga,2905 W.Foothill St.,Apache Junction,addressed the council.He is totally against the mandatory fines and sentencing.He stated kids going innocently to the movies could get fined,and along with them,the parents would get fined.He also mentioned a case where a child goes to pick up a parent who has broken down, and then receives a citation. Mayor Coleman closed the public hearing. Mayor Coleman opened the item to discussion from the council. Councilmember Barker stated she agreed with the Wargas.She commended the rewriting of the hours as compared to what they had been.She believes the burden of the responsibility is on the wrong person.The ordinance states parents are twice as responsible.She asked how will it be determined if a parent "allows or permits"a child to be out;does a note have to accompany the child.She suggested the mandatory nature and the amount need to be looked into further.She suggested the fines be made equal and should not be doubled.She believes this ordinance as is would create a more explosive situation. Councilmember Surra has no problem with changing the fine structure.She does not believe the dollar amount was the big issue,it was to create a responsibility.She is concerned with the current situation on the streets,and how they are not as safe as they were when she was raising children.It is our obligation to support those efforts that will help make a safer environment for the children.A statement must be made about the quality standards for the city.She is in support of the schools'request.This is to help identify problems,setting up programs to be utilized and help divert children into a counseling system instead of the criminal justice system.It may identify abusive homes.It will give the kids a set of rules to follow,and it will be their choice.It may identify homes where the parent keeps the child home for some reason. Mr.Scott Warga agreed this will help identify some of the problems and that it is not all negative.He REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 12 OF 24 commented on the positive reinforcement received by his daughter from the mayor when he called her to commend her on her participation in a poetry symposium in Washington,D.C.He does not know of many people who receive calls from the mayor.As a sidelight,over 2300 poets were there;his daughter was in the top 180 poets.He would like to see more of the positive for the children. Councilmember Surra commented the school made this request for help,it came from the teachers and administrators. Mayor Coleman asked the city attorney if stopping for a soda or someplace after the movies would constitute an indirect route home. City Attorney Glenn Gimbut stated it would possibly be in violation of the ordinance because it is not from the minor's place of employment,an authorized function sponsored by a church, education institution,civic or social organization,or similar supervised activity. Councilmember Durbala asked if it could be added "or if they had their parents permission". City Attorney Glenn Gimbut stated if you have the parents'permission for anything,then you have nothing.If the police stopped a group of kids at 2 a.m.in a suspicious area,they would produce "magically"a note from the parents stating they had permission to be out.There need to be objective standards.The current ordinance is too vague and needs to be more specific.Part of this will always be at the discretion of the officer,and to his knowledge no officer has ever given a citation to a kid coming home from the movies.They generally take the kid to the police department,call the parents to see if they know where the kid is, and have them come and pick the kid up. Councilmember Barker stated if they planned on voting on this tonight,she would like to see the words mandatory stricken from it,and she would like to see the fines equalized in both the curfew and truancy sections. City Attorney Glenn Gimbut stated if you are going to strike the mandatory minimum fines,you may as well not talk about it.He then stated it should end with pursuant to 1-8.A of the City Code and put a period on it.He then stated what 1-8.A was.He wanted to leave in the community service and alternative sentencing.He briefed the council on how the changes should be made. Mayor Coleman asked what the fines are at now. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 13 OF 24 City Attorney Glenn Gimbut stated the fines are now at $50 for the juvenile;for the first offense for the adult it is $100,for the second offense it is $250,which was taken from the Glendale and Peoria laws. are for the current curfew ordinance. the current curfew ordinance does not by 1-8.A.,which is $0-2,500. Councilmember Barker if she was going well. Mayor Coleman asked what the fines City Attorney Glenn Gimbut stated set a penalty minimum,it is punishable Councilmember Durbala asked to change that on the truancy program as Councilmember Barker stated the difference between the two is in Section C of the truancy section,wherein it states the prohibition is on the people who do not send their children to school,which is saying these people are telling their children they do not have to go to school.She would like to see the fines equalized,though. City Attorney Glenn Gimbut asked what dollar amount she would like to see it set at. Councilmember Barker stated she would like to see it set at fifty. Councilmember Surra stated she could go with that. Councilmember Durbala stated he does not feel he has had a sufficient amount of time from staff to go over this information.He went over the cases cited by the police department over the last two years,and feels another public hearing is warranted to hear more from the public on the issue.He would like more input,specifically more input from the school than just the one year given. Councilmember Durbala MOVED THAT ORDINANCE NO.956 BE PUT ON HOLD UNTIL THE SECOND OF SEPTEMBER. The motion died for lack of a second. Councilmember Barker asked the city clerk if they go through the normal process now. City Clerk Kathy Connelly stated the prior motion would actually be a precedent over any other motions,but it had REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 14 OF 24 not been seconded.She reminded them the ordinance was written with an emergency clause,and under state law,to pass with the emergency clause it must have six affirmative votes.If you have less than six affirmative votes, but still a majority,there would be a thirty day period for it to become effective,which would be September 5,which would be after the next regularly scheduled meeting. Councilmember Barker MOVED THAT ORDINANCE NO.956 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. City Clerk Kathy Connelly read Ordinance No.956 by title only with the emergency clause. Councilmember Barker MOVED THAT ORDINANCE NO.956,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT UNDER CURFEW,SECTION G,AFTER THE WORDS "CITY CODE",STRIKE FROM THE WORD "AND" THROUGH THE WORD "OFFENSE";IN SECTION H, ENDING WITH THE WORDS "CITY CODE",STRIKE FROM THE WORDS "THE COURT" AND END STRIKE AT "SUSPENDED";AND UNDER TRUANCY,SECTION G,FOLLOWING THE WORDS "CITY CODE",IT SHOULD READ AS FOLLOWS:"THE COURT SHALL IMPOSE A MANDATORY MINIMUM FINE OF FIFTY DOLLARS TOGETHER WITH"ETC.,THROUGH THE WORD "SUSPENDED",THEN STRIKE "THE COURT" THROUGH THE NEXT WORD "SUSPENDED". There was general discussion on surcharges and any other deletions proposed. Mayor Coleman asked what was different about this proposal and what we already have. City Attorney Glenn Gimbut stated the curfew hours are being changed to midnight Friday and Saturday for fourteen to seventeen year olds,and you are clarifying what is meant by legitimate business.The power for an officer to take the juvenile to the station to be picked up is clarified.It gives the court the power of alternative sentencing in community service,counselling or other educational programs as a condition of sentence.With truancy you are following current state law,allowing alternative sentencing,but putting in a mandatory minimum fine of fifty dollars. Mayor Coleman felt the reasoning for placing the fines so high was to encourage the juveniles to attend school. Councilmember Barker stated if there is no program in place for them to attend,there is no either/or situation. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 15 OF 24 City Attorney Glenn Gimbut stated it is anticipated the cost of the diversion program would be under $50. Councilmember Surra SECONDED THE MOTION. VOTE:6-0-1 (Councilmember Durbala abstained on the vote,stating that he did not have enough time to digest all the information to make an informed vote.) The motion carried. minute break. meeting. PROPOSED RESOLUTION NO.96-23,(FINAL BUDGET ADOPTION FOR FY 96-97) Mayor Coleman called for a ten Mayor Coleman reconvened the the council on this item. )City Manager Curtis Shook briefed Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the public hearing. Mayor Coleman opened the item to discussion by the council. Councilmember Hendricks would like to reconsider giving the Main Street Program any money.It has come to his attention that some of the board members are using the functions of Main Street to solicit funds and gather signatures for petitions.He does not want them funded until the board is under control. Councilmember Barker stated the board has now passed a resolution which will stop any kind of political action from occurring within their organization or at any of their functions.It was passed at their last board meeting. City Clerk Kathy Connelly stated they have to sign and acknowledge that it is the policy. There was a general discussion on whether there was a penalty and what it should be if anyone did anything wrong. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 16 OF 24 Councilmember Surra asked if the board served at the will of the council.Upon hearing they do not,she then stated we could not tell them what to do with their board. Councilmember Hendricks asked if something could be put in the contract when they want money from the city. Councilmember Surra asked if the money could be designated but not necessarily given unless the functions were individually reviewed for inappropriate behavior. City Manager Curtis Shook believed a clause could be added to the contract stating actions violating their non- political clause could be grounds for budgetary action. Councilmember Hendricks suggested putting that clause in any of the contracts for city funds. Councilmember Durbala questioned whether the Chamber of Commerce would be included. Councilmember Hendricks stated everyone who gets public money. Councilmember Durbala questioned whether the Chamber would be able to sponsor a debate. City Clerk Kathy Connelly stated the city attorney drafted the statement of non-political activity for Main Street and requested an explanation. City Attorney Glenn Gimbut stated it is modeled after the restrictions in the city ordinances for city employees. He stated a debate would not be a problem.However,requiring employees to contribute monies to use events to solicit monies,to use the name of Apache Junction Main Street in a partisan political campaign,that would be a problem.It allows the individual board member to exercise full rights as a citizen and participate in campaigns;they just cannot use the name of Apache Junction Main Street while they are doing it,or do it at a Main Street function.He stated if the council wished to put something in the contracts, they may do so.However,he has trepidation about the city telling a private organization what it should or should not do. can when there are public funds involved. Councilmember Hendricks stated you City Attorney Glenn Gimbut stated there is wide discretion there.You can put conditions on the funds,they can decide if they want to accept it. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 17 OF 24 Councilmember Hendricks commented that for the last three years most of the departments have made cuts,but one department always seems to have more "fluff"in it.He would like to see a budget showing where everything is spent.This department has always gotten what it has wanted and gets extra,where others do without.He would like to see that stopped.He would like to see them cut their budget and see them go through it line by line,with everything justified. Mayor Coleman stated he would hate to see the Main Street Program "squelched".He believes board members signing a political statement is a sincere effort.He believes it is important to keep a strong police department in the city. Councilmember Hendricks stated he did not name any department. Mayor Coleman stated he also believed it was important to keep a strong Parks & Recreation department. Councilmember Durbala agreed with Mayor Coleman on the good things the Main Street Program has done,but he would like to see the politics taken out. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.96-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1996,AND ENDING JUNE 30,1997;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1996-1997 AND DECLARING AN EMERGENCY;BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:6-1 (Councilmember Hendricks voted in opposition.) RESOLUTION NO.96-30 & ORDINANCE NO.957 FY96-97 CLASSIFICATION & COMPENSATION PLANS )Assistant City Manager George Hoffman briefed the council on the item.He recommended the pay plan be changed to a non -structured document stating the starting pay and ending pay only.He recommends three amendments in the plan as proposed.The Traffic Signal Technician should be a 32 and not a 34.The City Code language should be consistent,therefore,Judge Pro Tem should be changed to Magistrate Pro Tern and Presiding Judge to Presiding Magistrate. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 18 OF 24 Councilmember Surra asked whether there was anyone in the title of Personnel Analyst or is the range being changed. Assistant City Manager George Hoffman stated there is a title but the range is being changed. Councilmember Surra asked if this person is doing additional functions that are not within the scope of a personnel analyst. Assistant City Manager George Hoffman stated this was last assessed as a secretary to the city manager/personnel assistant,then the title changed but the job description had not been assessed.The level of duties has grown to where it is not an assistant position. Councilmember Surra stated she understood how a job description could change to more closely identify with what is actually happening in a job,but questioned the "huge"range change. Assistant City Manager George Hoffman stated the position started as an assistant position;lots of paperwork,more than clerical but clerically phased.The position is a policy analytic position as he is using it now.It is used for pre -disciplinary investigations,assessing proposed disciplinary actions,classification and compensation analyses;he relies on it for the Family Medical Leave Act,the Fair Labor Standards Act,Title VII,for insuring utilization of due process, and to draft personnel policies and procedures.He added the updating in a job description does not warrant a change in classification,however,he had checked with the labor market communities to see how they would place that position,relative to other positions inside their organizations.This is an approximation of how it would fit relative to other positions in our organization based on data received from the other cities. Councilmember Surra asked if he thought he should have come to them with this sooner with other steps along the way or more definitive information. Assistant City Manager George Hoffman stated he should have asked for a reclassification in earlier years as opposed to waiting for so long.He has been making more demands on the position than in the past and will continue to make even more demands. Councilmember Surra wanted to know what a Traffic Signal Technician was. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 19 OF 24 Public Works Director Doug Dobson stated a Traffic Signal Technician fixes traffic signals.They repair and maintain them,they assist the city engineer in planning and design.' Councilmember Surra,Public Works Director Doug Dobson and City Engineer Gordon Grandy discussed the skill level upgrade and training for the position. Councilmember Surra explained to Assistant City Manager George Hoffman the need for more definitive information on those positions which are not highly visible and which they do not have a grasp on what these positions entail. Mayor Coleman closed the discussion and opened the public hearing.There being no one wishing to speak on the item,he closed the hearing. Mayor Coleman opened the item to further discussion by the council.There being no further discussion,he called for a motion. Councilmember Surra MOVED THAT RESOLUTION NO.96-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK AND ENTITLED,"THE CLASSIFICATION PLAN FOR FISCAL YEAR 1996-97 AND THE COMPENSATION SCHEDULE FOR FISCAL YEAR 1996-97"; AND DECLARING AN EMERGENCY;BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Surra MOVED THAT ORDINANCE NO.957 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. City Clerk Kathy Connelly read Ordinance No.957 by title only with the emergency clause. Councilmember Surra MOVED THAT ORDINANCE NO.957,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE LANGUAGE BE CHANGED FROM JUDGE PRO TEM TO MAGISTRATE PRO TEM;THAT THE LANGUAGE BE CHANGED FROM PRESIDING JUDGE TO REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 20 OF 24 PRESIDING MAGISTRATE;AND THAT THE TRAFFIC SIGNAL TECHNICIAN BE CHANGED FROM PAY GRADE 34 TO PAY GRADE 32. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION OF INTENTION NO.96-24,STREET LIGHT IMPROVEMENT DISTRICT (SLID 9606-1) RENAISSANCE POINT & RESOLUTION ORDERING WORK NO.96-25,STREET LIGHT IMPROVEMENT DISTRICT (SLID 9606-1)RENAISSANCE POINT ) )City Engineer Gordon Grandy briefed the council on this item.He added that other than the aluminum light poles being above ground,everything else is underground. Councilmember Durbala asked if the developer will be taking care of all the lots and there would not be the light payment on them until after they are sold. City Engineer Gordon Grandy stated that was true. Mayor Coleman opened the public hearing.There being no one wishing to speak on the item,he closed the public hearing. Mayor Coleman opened the item to further discussion by the council.There being no further discussion,he called for a motion. Vice Mayor Richmond MOVED THAT RESOLUTION NO.96-24,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 RENAISSANCE POINT,A SUBDIVISION,AS RECORDED IN CABINET B,SLIDE 120 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 21 OF 24 Vice Mayor Richmond MOVED THAT RESOLUTION NO.96-25,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 RENAISSANCE POINT,A SUBDIVISION RECORDED IN CABINET B,SLIDE 120,PINAL COUNTY RECORDER,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES.TIMES,LOCATIONS.AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 6:00 P.M.,BE HELD ON TUESDAY,SEPTEMBER 3,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Assistant City Manager George Hoffman advised the council has been invited by the cities and schools program to attend a meeting tomorrow at 9:00 a.m. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:40 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 22 OF 24 Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of regular meeting of July 15,1996. 3.Recognition of outstanding service to the community by city employees. 4.Approval of award of Bid No.ENG 96-04 for sewer laterals at city ' complex,Library and Department of Economic Security to the lowest responsible bidder. 5.Approval of annual award of bid for street construction and maintenance materials for FY 1996-97 (sign materials,tires,fuel,washed chips, paving materials,sand and aggregates,chip seal oils,granite,uniform rental and crack seal materials). 6.Approval of state/local government lease with AT&T (Lucent Technologies) for a telephone system upgrade to a Definity G3S1 System and Intuity Audix System. 7.Reappointment of two members to Superstition Mountains Community Facilities District No.1 Board of Directors (for 6 -year terms to expire 2002). 8.Approval of Human Services Agreements for Fiscal Year 1996-97.(At their May 21,1996,meeting,council approved the agency and respective dollar amounts for human services funding). 9.Approval of lease agreement with State of Arizona Department of Economic Security (DES)and ratification of signature to agreement as of June 28, 1996. ACCEPTED THIS 3RD DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS SEPTEMBER ,1996,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 3RD DAY OF SEPTEMBER Mayor REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 23 OF 24 ,1996. ATTEST: RATFIEEN-CONN City Clerk 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 6th day of August,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of August,1996. KATHLEEN CONNE City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1996 PAGE 24 OF 24