Loading...
HomeMy WebLinkAbout1996-11-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 5,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 5,1996,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 Councilmember Durbala led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Hendricks Councilmember Surra Councilmember Urich Councilmember Durbala Staff Present: (Councilmember Barker was absent.) 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 Public Works Director Doug Dobson Development Services Director Larry Harmer Others Present:Associate Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Richmond 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 NOVEMBER 5,1996 PAGE 1 OF 25 Youth Services Librarian Liz Burks;Assistant Library Director Spencer Paden; Computer Technician Donley Hurd;Police Sergeant Robert "Woody"Haywood;Parks & Recreation employee Joseph Ornellas;AND THAT RESOLUTION NO.96-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION;DESIGNATING THE DEADLINE FOR VOTER REGISTRATION;AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read and presented a proclamation to a representative of Elks Lodge No.2349 honoring the month of November as "Veterans Remembrance Month". CALL TO THE PUBLIC Mr.Don Kos,658 S.Palo Verde,addressed the council regarding Ordinance No. 952.He thanked everyone for the effort put into the ordinance and stated the majority of people that were against parts of the ordinance do not support the recall. Mrs.Jean Perkins,616 N.Cactus,addressed the council regarding her concern for a non-resident causing such turmoil and a threat of a recall.She believes the city manager is doing a good job getting the truth out to people about Ordinance No.952,and that the council is bending over backward to appease the people,yet still not give in to the safety issue,which they should not do.She commended Larry Harmer for his ideas for the Cowboy Poets and Elvis Lives events. CITY MANAGER'S REPORT City Manager Curtis Shook stated the preliminary discussions with Triax Cable are finished regarding the continued franchise and provision of cable services.The ability to put equipment in here so that council meetings could be taped and shown on television was discussed but no answer was given. City Manager Curtis Shook reported on the neighborhood meeting at Sierra Entrada last night.The Sierra Entrada system will be sold and closed as of November 19,which will allow them to go onto the sewer district.He believes this will open up the development of the plaza area. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 2 OF 25 City Manager Curtis Shook stated the city budget is in better shape than it has been in previous years.The negative cash flow during seasonal parts of the year is less than last year.The city deficit spent last year until May 17,with the low point generally from November 1 thru November 30.The city has increased revenue production and cut back on expenditures this year.Last year on October 31 the city was $891,000 in the hole,this year i t is $550,000 less.Significant progress has been made into the negative cash flow.If this continues,and it allows the city to get on a monthly balanced budget,it will allow the city to establish a long range capital improvements program. PUBLIC HEARINGS PROPOSED ORDINANCE NO.969 (WITH EMERGENCY CLAUSE)AMENDING CITY CODE CHAPTER 7 BY REPEALING ORDINANCE NO.952 AND RE-ENACTING THE PROVISIONS OF 7-1-11 AS WERE IN EFFECT ON SEPTEMBER 3.1996 )City Clerk Glenn Gimbut briefed the council on this item.This action returns the city code standards on dwelling units back to the previous standards before Ordinance No.952. hearing on the item. Mayor Coleman opened the public Mr.James Hutchinson,537 N.Vista, addressed the council on the item.He believes it is wise to repeal this,but he believes it should be looked at and reconsidered.It should be fair to all types of housing,and he believes concessions were given to the manufactured homes.A manufactured home can be put on blocks,whereas a stick -built house has to have a poured foundation.Most of the people affected by it own property and let people move on it with older mobile homes.They have no responsibilities and do not care about the city.He supported the ordinance but thought it was put into effect too soon,as people should have had a year to finish plans already made.You cannot put used trusses into a stick -built house,so he questioned why older mobile homes with wood trusses that are no longer stable from being moved are allowed to move in. Mr.Keith Stachar,1153 N.Holmes, commented on the issue of fairness.If all homes had the same criteria,then the standards should be applied to any single family residence,including subdivisions,in the city. Mayor Coleman closed the public hearing and called for discussion by the council. Councilmember Surra stated Ordinance No.952 did not intend to change the zoning of where one could place their mobile home on their property.It strictly dealt with building standards. Even though she does not believe the ordinance was as negative as was believed REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 3 OF 25 throughout the community,she will support the repeal of it as she believes there are certain refinements that are required which the staff will continue to work towards.She believes the standards will bring about a safer community and will protect the investments of those already here. Councilmember Hendricks stated he would not add any more than what was said at the last meeting;he still believes what he said then. and called for a motion. Mayor Coleman closed the discussion Councilmember Urich MOVED THAT ORDINANCE NO.969,WITH EMERGENCY CLAUSE,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. Ordinance No. ORDINANCE NO. MOTION. statement to be entered into the minutes. 969,with emergency 969,AS READ BY THE Councilmember Hendricks SECONDED THE City Clerk Kathleen Connelly read clause,by title only. Councilmember Urich MOVED THAT CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Hendricks SECONDED THE Councilmember Durbala read a "I wish to make a statement concerning my vote tonight.We passed Ordinance No.952 as a housing standards ordinance to protect Apache Junction from becoming the dumping ground for substandard housing coming from Maricopa County,and to preserve and protect property values in our community.The goal of preserving the investment that our hard working citizens have made in their homes still remains a proper goal. There appears to be an attempt to try and intimidate city council by threats,and to be frank,that does not impress me.Rather it creates the opposite reaction,particularly when those threats come from people outside our community whose agenda appears to be to break the law and hide behind a press campaign. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 4 OF 25 I,for one,will not rise to the bait.My goal is to have a good workable ordinance which will not hurt or harm our citizens,which will preserve and protect housing values,will guard against transience,promote permanence in our community,and will treat housing in an equal manner by having manufactured housing and site -built homes to be on an equal footing in many of the residential neighborhoods of our community.As was indicated in September,there are some areas of Ordinance No.952 which concern me.I desire to basically exempt mobile home parks from some of the features such as the length of eaves,they also concern me, and therefore amendments are in order.Further,many of our residents have been unnecessarily frightened by the misrepresentations made by a dedicated few from outside our community,and their fears need to be alleviated. Some of our citizens have indicated a desire to both be informed and participate in the proposed new ordinance.That request is one that we have stated we want to grant.The best way to go about this is with a clean slate.It is out of desire to do a new ordinance in a proper manner,with a clean slate,so our citizens can be informed and participate,that I will vote for this ordinance.However,I wish to make this perfectly clear,I want to see a new ordinance that meets the goal of preservation of values in our neighborhoods,and I believe that we should not be influenced by threats or intimidation tactics by outside interests in our protection of the interests of the citizens of our city." VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.971,CASE NO. PZ-96-13,SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,INC.REZONING REQUEST )Associate Planner Kate Morris briefed the council on the item.This case was continued from the October 15 meeting for the rezoning of a facility at 150 N.Ocotillo.The continuance was brought about by the disagreement over the buffer wall required by Ordinance No.940.No new proposals have been received. Mr.Gary Selvy,817 E.Granada, addressed the council.He is the director of Superstition Mountain Mental Health Center,Inc.He stated he received the hydrology reports today and he believes the work required to fix the problem is reasonable and he has agreed to proceed with the work.He is in agreement with all of the items recommended by city staff except for portions of the 8'buffer wall.He gave some material to the council,the first page of which was a copy of a survey discussed at the last meeting.He stated the retaining wall is two feet south REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 5 OF 25 of the north property line,with a 3'difference in elevation.The retaining wall runs 145'south directly on the west property line,then the line angles in 3 1/2'to the corner.Therefore,the chain link fence is 3 1/2'from the property line,and he believes if the wall were built along there it would affect electrical and sewer connections for the RV park.Mr.Selvy also gave them an additional document stating he was agreeing to construct an 8'wall from the street along the north boundary to the northeast corner of the property,but asking for a variance for the north property line and the west property line.However,he suggested since Arizona Water is a commercial property,that portion should not require an 8'fence.He also suggested putting that 200'portion of fence along the west boundary.He addressed the security issues again,stating there has been only one escape that went through the RV park and he escaped from the Gila County deputies as he was being brought in,and there have been four walk aways.One of those was more serious than the others,and all are now living unsupervised.There have been no escapes or walk aways going into the RV park since the fence was built. Prior to their purchasing the facility,the building was a jail,and his patients are not the security risk that prisoners are.The state trend is to move more of the mentally ill people back to the community:however,they will not increase the number of patients housed there from fourteen as the facility is not large enough and the state department of health would not license them if they tried to increase the number of beds.They would have to construct a new building in order to do that,and they would have to get permission from the city to do that.He believes Ordinance No.940 would be difficult to apply to this property and is requesting the variance.He requested council to use their common sense and approve the variance.He added the wall would cost the center a lot of money,and every dime they spend is public money. They do not have the funds to build the wall.He estimates the wall will cost $25,000 on a flat running wall,but the circumstances could double or triple that. Mayor Coleman asked if the new plan will work around the hydrant and water main. Mr.Gary Selvy did not know the answer to that.He has not been able to get anyone qualified to look at the plans as of yet. Mayor Coleman asked if he would still be willing to put the wall on that side. Mr.Gary Selvy stated he would be able to do 435'by eliminating the 190'around the water company.They could do 450'and stay within their budget. Councilmember Surra stated he could come in a few feet to go around the water mains,and asked if he would have a problem with that. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 6 OF 25 Mr.Gary Selvy did not know how to answer that,he would leave it to the experts.Personally,he had no problem coming in a couple of feet. were a variance on these walls, area with a solid wall as funds some way to do it in the future, Councilmember Surra asked if there would that preclude his ever enclosing the permitted. Mr.Gary Selvy stated if there were he would be for it. Councilmember Surra asked if he would be working towards that goal. Mr.Gary Selvy stated he would not work hard at that,as it would be expensive to take out the retaining wall and he would rather use the money to treat people. Councilmember Surra asked Development Services Director Larry Harmer if the boundaries between Arizona Water would have fall into Ordinance No.940 standards. Development Services Director Larry Harmer stated they are not commercial to commercial,the underlying zoning for Arizona Water is residential and they have announced they are abandoning it. Councilmember Durbala stated there was more than one walk -off from 1994 to June 1996;there were 4 walk -offs per the police department and they have been called out there 102 times in that time period for disturbances at various times of the day and night.This averages a little over 3 a month.He believes the fence would be a safety feature.He wants to see the wall put up,rather than a chain link fence. The ordinance was instituted to make unity in the community,for any type of commercial property.In regards to the money,it is a problem for everyone. If the variance is given,it will set a precedent for other properties to follow,which is his fear.He asked if they had their own security personnel there. Mr.Gary Selvy stated there had been one escape and four walk aways. Councilmember Durbala agreed there were four walk aways according to the police reports.He had asked the police department for all the calls information due to the protest lodged against the rezoning request. Mr.Gary Selvy stated the walk aways are from people walking away during the day when they were outside the facility.He reiterated there was only one escape that went through the park. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 7 OF 25 He noted it is common for them to call for assistance from the police department.All eight mental health facilities in Arizona depend upon the police for assistance in the evening hours.He has asked the police department if they have problem with that,and they have denied any problem. There is an excellent working relationship with the department,but he is aware the officers and fire department personnel do not like coming over. Councilmember Durbala acknowledged the police department was not upset with the center,he was trying to bring out other factors he feels warrant the 8'wall.He stated he could not go for a variance on the fence whatsoever,due to not knowing what type of people will be there short term or long term,and how many of them could be dangerous,especially if they forget to take their medications,which does happen.The residents of the community should feel safe. Mr.Gary Selvy stated he wanted to clarify the situation and it is a very common occurance. Councilmember Durbala stated he had been told by the chief of police that it is very common in places like this. Councilmember Urich asked Associate Planner Kate Morris what is to the south of the property. Associate Planner Kate Morris stated the southern part of the property borders an existing commercial establishment. Councilmember Urich asked if there is a fence there now,and of what type. Associate Planner Kate Morris stated there is one portion of block wall towards the easterly portion of the property near Ocotillo.There is also some chain link fencing. Councilmember Urich asked if a block wall would be required there. Associate Planner Kate Morris stated a block wall was not required since both properties are commercial. Councilmember Surra stated she would like to do what is easiest for the center since they provide a necessary service to the community,but she believes if given the opportunity the patients would climb the chain link fence on the south wall.Having block wall in all the other areas may not provide the safety if the chain link remains. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 8 OF 25 Mayor Coleman stated this was a landscaping ordinance,not a security ordinance.But the wall does mitigate the staring complaints,which a chain link fence does not. Councilmember Surra stated the new proposal takes into account both of those,with the block wall where the retaining wall is and raising the height of the chain link fence.But she does have a problem with the area by Arizona Water;she would like to see that area finished off,even if it means extending them time to complete it.She asked if that would be a problem. Mr.Gary Selvy stated it would not be a problem.He added he has an engineer's report stating they cannot put block on top of the retaining wall. City Attorney Glenn Gimbut stated Ordinance No.940 has certain criteria where one can change the standards imposed by the ordinance,which is similar to but is not a true variance. However,financial hardship is not part of the criteria.He also pointed out that with a protest having been filed,the council vote is affected.He was unsure as to whether it would take 5 or 6 votes to pass it at this time. Vice Mayor Richmond asked Associate Planner Kate Morris how the variances come in on the ordinances. Associate Planner Kate Morris stated some variances occur because of existing structures on the properties.They look at the minimum percentage of landscaping required by the zoning,look at the setbacks,and if they cannot meet the setbacks,they work it out with the percentages.When it comes to removing a requirement or giving relief from a requirement,that is when it comes to council. Councilmember Urich asked Mr.Selvy if the smoking area could be moved to the screened -in area of the porch. Mr.Gary Selvy stated he was comment,and it is a situation they will work to resolve. at the windows for the outside smoking area and they a number of ways. surprised about that It must be occurring could buffer that in hearing on the item. Mayor Coleman opened the public Mr.Roger Bowser,3151 E.Des Moines,Mesa,addressed the council.He stated they had Brady Aldridge,an engineering firm,do a survey and the measurements were different than those originally thought.He passed around additional pictures taken of the property,which dealt with the western property line and a 5'block wall in the northeast corner built on top of the fence.According to their REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 9 OF 25 measurements,the sewer line is more than 2'from the property line and this would allow a block wall to be built.The wall could be built without interfering with utilities or any overhanging matter.He diagrammed the area of discussion on a blackboard and briefed the council on the correct measurements.He showed where the electrical risers were 3'away from the property line.They believe there is reasonable concern for security,being that it is a secured mental health facility and people attending the facility tend to be of a different temperament.They would like to see an 8'block wall as i t is harder to climb than a 6'chain link.They are also concerned about double -bunking if money becomes short,and want it limited to a 14 bed facility.His estimate to build the wall is $18,000.He believes if the opportunity to insulate the facility is not taken,and something severe happens,then that is a question to address to ourselves.Whereas,i f everything that could be done has been done,then it has been done.The potential for a problem to occur has been dealt with. Councilmember Surra asked if an 8' wall on the west property line would actually only be 5'on the mental health facility side. Mr.Roger Bowser stated that was incorrect.If it was put on the center's property,it would be 8'high.They would stairstep it on their side of the property. Councilmember Surra asked how many residents have moved from Sundowner because of fear. Mr.Roger Bowser could not answer that question,deferring it to Nancy Wood.He stated it is not only those that have moved in the past,but those that would move in the future.The exposure would increase with the facility being enlarged. Councilmember Surra asked if anyone had the number of people who had moved because of that fear. Mrs.Nancy Wood stated they do not keep detailed records on it.She personally knows of one person who told her that was why they were leaving.She has heard other comments and fielded questions as to why the police are over there,and residents wanting to know what kind of facility is behind them. Councilmember Surra stated there is a home on her street that she has to call the police on every Saturday night, so police calls come everywhere. Mrs.Nancy Wood stated she knew her problem was not unique,and just because they are rezoning to commercial does not make it a problem.They will not have another opportunity to have the aesthetics,security and peace of mind from the block wall again. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 10 OF 25 Councilmember Hendricks asked how many people left the park when the facility was a sheriff's substation. Mrs.Nancy Wood stated she was not manager at that time and she doubted any records were kept. Councilmember Hendricks stated the ordinance has nothing to do with safety,and if she wanted safety she might want to erect a 12'fence with razor wire. Mrs.Nancy Wood stated she knew it dealt with aesthetics,but you cannot see through a block wall.If it were safety,a tall fence with wire on top would suffice,but then it looks like a prison. Councilmember Hendricks stated a block wall is easier to climb than a chain link fence. Councilmember Urich stated she thought the residents would feel very secure if a lot of police show up. Mrs.Nancy Wood stated it was a question of why they are there. Councilmember Urich stated it is really not a safety issue.As a person with a disability,she believes in the rights of those with disabilities,and society has to realize that serious mentally ill people need to be integrated back into the community. Mrs.Nancy Wood stated that was true,but she believes the primary question is Ordinance 940 and its intent. Councilmember Urich stated that was from a landscaping angle rather than a safety angle. Mrs.Nancy Wood stated the block wall would be upgraded landscaping over the chain link already in place. Development Services Director Larry Harmer stated Mr.Selvy is willing to do 435 linear feet of wall at this time. He suggested accepting that and requiring a bond for the remaining 440 linear feet that is adjacent to the residentially zoned property,to be completed within a determined time.Should the Arizona Water Company property go commercial,that portion of the bonded requirement should disappear.He also commented that razor wire/concertina wire is prohibited by our codes. City Attorney Glenn Gimbut stated there are two legal issues in front of council.One is Ordinance No.940, which is for landscaping and aesthetics.Council is also looking at a planned REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 11 OF 25 development zone,and safety may be taken into consideration under that zoning.He added that A.R.S.§9-462.04 states if owners of 20% or more of the area of the lots within 150'of the proposed change file a protest in writing against a proposed amendment,it shall not become effective except by the favorable vote of three -fourths of all members of the governing body.This means it takes 6 votes to pass anything. Councilmember Surra asked Development Services Director Larry Harmer if failure to comply with the bond would render the decision null and void,that they would not be allowed to do anything there. Development Services Director Larry Harmer stated under that suggestion if the work was not executed the city would have the ability to execute the bond and have the work done. Councilmember Surra stated if Mr. Selvy does not go for the bond,than he does not have a rezoning.Therefore, the city would be protected either way. Harmer stated that was true. Development Services Director Larry Vice Mayor Pat Richmond stated Mr. Selvy said 885'of block wall would cost $25,000.She suggested he do the entire west wall to screen the mobile home park,and then work with the rest of the wall. There was general discussion by the council as to what part of the block wall should be done and the time limit to be placed upon the completion of the wall. Councilmember Durbala asked the people of the mobile home park if they would agree to the order of construction and the time schedule being discussed by council. City Manager Curtis Shook stated for any relief to be granted,there must be a substantial hardship,not necessarily a financial hardship.This ordinance does not allow for variances.He commented Development Services Director Larry Harmer was suggesting phasing,not changing aspects of the ordinance.It would provide some modicum of financial relief,but retain the integrity of the ordinance. City Attorney Glenn Gimbut stated he is aware council is trying to find a middle ground between the two parties, but this kind of discussion should be occurring between the two property owners. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 12 OF 25 Councilmember Surra stated she does not think the relief is primarily financial.There is a hardship in carrying out the mission of the facility if they cannot get the expansion.They will not be able to give the services required by the community. Mr.Selvy stated he has a letter from an engineering firm that building a block wall on top of the retaining wall would increase the overturning four times. Councilmember Durbala stated the wall has to be 8'according to the ordinance.If the retaining wall has to be torn out,then it has to be torn out.He commented Mr.Selvy is asking for relief from it being 8'in some places and there being no fence at all.He believes the whole thing should be 8'.He stated the council has to take a stand to enforce these ordinances. Councilmember Surra stated she sees nothing wrong in allowing for a bond to finish phasing in the entire block wall. Councilmember Durbala stated that for the nursing home,they made them build the wall before they started the structure.He wanted to know the difference. Councilmember Surra stated the structures are already there. Councilmember Durbala stated so now they only have to build the wall. Councilmember Surra stated they are not relieving them of doing the wall,just phasing it in. Mayor Coleman closed the public hearing and asked for any further discussion by the council. Mayor Coleman asked City Manager Curtis Shook to repeat what he had said about the phasing. City Manager Curtis Shook stated should council wish to provide relief in this case,it would be through phasing,and the motion would reflect an approval of the rezoning under the conditions set by planning and zoning,and asking the staff to work with the applicant to come up with an appropriate phasing schedule to make all the improvements required in Ordinance No.940. City Attorney Glenn Gimbut agreed with that statement.He agreed with the exact phrasing of Development Services Director Larry Harmer. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 13 OF 25 City Clerk Kathleen Connelly stated in the past they have encountered problems when the wording said "for staff to work with the applicant",as there is nothing specific.The wording of Development Services Director Larry Harmer would be preferable. Councilmember Surra asked Development Services Director to write it. Development Services Director Larry Harmer stated the drawing that was submitted by the applicant this evening showed 435'of proposed masonry wall.You could accept that to be done concurrently with construction of the new building,require a bond for the remainder of the property where the property line is adjacent to residentially zoned property,which is approximately 450 linear feet,and that that work be completed within a prescribed time limit.Otherwise the bond would be executed by the city and the work be done.It also allows leeway should the Arizona Water site go commercial,be developed and rezoned under commercial use,that part of the requirement would be removed,which reduces it by 450'X 190'. Mayor Coleman stated it is the intention of the council that the west side be done. Development Services Director Larry Harmer stated that is approximately 105'to 110'. There was general discussion by the council requiring the full west wall and the original 435'. City Engineer Gordon Grandy stated that if a bond is going to be put up for any postponement of anything,maybe the city could contribute from the street perspective that the curbs and sidewalks do not go anywhere across the frontage of this property right now. Those improvements might also be bonded.If the owner has it within his budget,he can give up those improvements right now and use the money to build the west side,and then bond those improvements in with the rest of the wall. There was discussion by council on the determination of the length of time and the west wall being done. Mayor Coleman closed the discussion and called for a motion. Councilmember Surra MOVED THAT ORDINANCE NO.971 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Pat Richmond SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 14 OF 25 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No.971 by title only. Councilmember Surra MOVED THAT ORDINANCE NO.971,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE FULL WEST PROPERTY LINE BE WALLED WITH THE 8' WALL AND A 5'LENGTH RETURN WALL 8'IN HEIGHT GOING EAST ALONG THE NORTH PROPERTY LINE;THAT WE ACCEPT THE ALTERNATE PLANS SUBMITTED BY MR.SELVY FOR THE EAST SECTION THAT GOES TO THE ARIZONA WATER COMPANY LINE AS A FIRST PHASE; THAT BONDING BE PERMITTED FOR A SECOND PHASE TO COMPLETE THE WALL AS THE ORDINANCE IS DESIGNED TO DO,THAT SHOULD THE PROPERTY WHERE ARIZONA WATER EXISTS TURN TO A REZONE OF COMMERCIAL,THAT THAT BE THEN EXEMPTED FROM THE 8' WALL,COMPLYING WITH THE 940 ORDINANCE OF AN 8'BLOCK WALL;AND PLACING A 12 MONTH TIME FRAME ON COMPLETION;AND THAT IF THE PLAN IS NOT EXECUTED THE CITY WILL USE THE BONDING MONIES TO COMPLETE THE PLAN. Councilmember Urich SECONDED THE MOTION. City Clerk Kathleen Connelly asked if the 5'return wall going east is also an 8'wall. VOTE:Unanimous. The motion carried. recess. meeting. Council responded it was. Mayor Coleman called for a 15 minute Mayor Coleman reconvened the PROPOSED RESOLUTION NO.96-38 & PROPOSED ORDINANCE NO.972 (CITY TAX CODE AMENDMENTS )City Clerk Kathleen Connelly briefed the council on the item.The first item declares the amendments public record,the second adopts them by reference.The Municipal Tax Code Commission has approved this series of amendments.They are labeled the 1996 Amendments to the City Tax Code and the Taxpayer Bill of Rights.The state chamber of commerce,other business groups,including ATRA,have agreed not to go before the legislature for a 5 year period seeking preemptive legislation. Primarily these amendments will affect cities with populations in excess of REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 15 OF 25 50,000.An insignificant change to our tax code will be to provide a mediator if a taxpayer requests it,prior to going to a full-blown hearing.Retired auditors have been contacted and are agreeing to serve,and it should not occur more than twice in one year,if at all.She believes these are reasonable amendments and urges acceptance. Councilmember Surra stated the city is protecting the private rights of its citizens more and more by ordinance, and she likes standing behind that.She knows there are certain governmental entities that could require one to make unfair payment of taxes,and this would protect the individual's rights. City Clerk Kathleen Connelly stated these changes came about primarly from taxpayer complaints on the Arizona Department of Revenue and some of the larger cities. Mayor Coleman opened the public hearing on both items.There being no one wishing to speak,he closed the public hearing and opened the item to discussion by the council.There being no further discussion,he called for a motion. Councilmember Surra MOVED THAT RESOLUTION NO.96-38,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 1996 AMENDMENTS TO THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,INCLUDING A TAXPAYER BILL OF RIGHTS",BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Surra MOVED THAT ORDINANCE NO.972 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. Ordinance No.972 by title only. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 16 OF 25 Councilmember Hendricks SECONDED THE City Clerk Kathleen Connelly read Councilmember Surra MOVED THAT ORDINANCE NO.972,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.96-34 & PROPOSED ORDINANCE NO.966,ADOPTION OF PERSONNEL RULES ) )Assistant City Manager George Hoffman briefed the council on the item.The first item declares the personnel policies public record,the second item adopts them by reference. He thanked Jackie Trevino and Mary Ann Coyne for their authorship of the item, and Barb Pruitt for typing the endless revisions.It was seen by the employee advisory team and the department directors,asking for their input.This document is intended to make the city state of the art with state and federal case law.It is not a static document.Council has informed him of certain areas needing further study,some of them being benefits related and some more detail oriented.Potential modifications will be looked into after adoption and distribution,along with the entire benefits package.He recommends approval. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak,he closed the public hearing and opened the item to discussion by the council.There being no discussion by the council,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.96-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "PERSONNEL RULES"BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT ORDINANCE NO.966 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 17 OF 25 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No.966 by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.966,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:TO COME BACK TO THE CITY COUNCIL WITH THE FOLLOWING AREAS FOR DISCUSSION:THE ANNUAL LEAVE POLICY;THE FAMILY LEAVE POLICY;THE POLITICAL ACTIVITIES POLICY AND THE DISCIPLINARY SECTION;TO COME BACK TO US SOMETIME IN MAY,1997. Councilmember Surra stated she may not be allowed to vote on that as she may not be here in May,1997. Vice Mayor Richmond SECONDED THE MOTION. City Clerk Kathleen the city attorney if these amendments were appropriate to be i this is being adopted by reference. City Attorney Glenn appears that Councilmember Durbala wants this brought back as the ordinance.Councilmember Durbala should amend his motion to staff as opposed to an amendment to the ordinance. change it to direction to staff. Connelly asked n the motion,as Gimbut stated it an amendment of to a direction Councilmember Durbala agreed to Councilmember Durbala stated he wants to approve the ordinance but he wants to make sure staff comes back to them with this by May.(Motion now reads:MOVED THAT ORDINANCE NO.966,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED AND THAT DIRECTION BE GIVEN TO STAFF TO RETURN WITH THE FOLLOWING AREAS BY MAY,1997:THE ANNUAL LEAVE POLICY,THE FAMILY LEAVE POLICY;THE POLITICAL ACTIVITIES POLICY AND THE DISCIPLINARY SECTION.) Mayor Coleman asked Vice Mayor Richmond if she concurred for the second,which she did. VOTE:Unanimous. The motion carried. OLD BUSINESS. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 18 OF 25 None. NEW BUSINESS. ANNUAL ECONOMIC DEVELOPMENT CONTRACT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE ) )Development Services Director Larry Harmer briefed the council on this item.The only change from the base form of the contract used for the Main Street Program deals with Exhibit A, political activities policy statment.The chamber would like to have the ability in certain instances to work for city -sponsored events/initiatives. Representatives of the chamber were in attendance to answer any questions. Councilmember Surra wanted their position clarified on the political activities policy statement. Mayor Coleman invited Mr.Tim Jayne to speak. Mr.Tim Jayne,the president of the chamber of commerce,addressed the council.The chamber works together to the benefit of the city,and takes the partnership with the city seriously.They demonstrated they can be stewards of the city's money,as best demonstrated by their returning nearly $17,000 two years ago.They attempt to follow the basic business principles of the chamber members,and will continue the philosophy.All partnerships are based on equal participation by both sides. The chamber raised $5,000 with the Elvis Lives event,matching what the city put up.The office of tourism is getting $8500 as part of its effort.The chamber gives $38,000 to the visitor's center.The attractions committee spends about $20,000 to publicize the community.Lost Dutchman Days put nearly $20,000 back into non-profit organizations in the community.This is a true partnership.He complimented the work done by Larry Harmer to make it a successful contract. Councilmember Surra asked him for a clarification on the policy statement for the political activity. Mr.Tim Jayne stated the language that was in there was so restrictive that it would not allow the chamber to be supportive of anything the city would do.It has a provision which does not allow partisan political activity,which was the council's direction.The only changes made were those that would not restrict them from being able to take a position regarding a regular issue. Councilmember Hendricks gave Councilmember Surra an example of the chamber being influential on getting home rule passed the last time. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 19 OF 25 Councilmember Surra stated she did not realize that was a partisan issue.She did not see where it conflicted before. Carolyn Doty addressed the council. They have advertised in 5 major magazines and she wanted them to know they were getting a lot of calls on the 800 number.She commented on working with Larry Harmer and Curtis Shook;they have found that the diversity that is taking place in the city is going to benefit everyone.The future proposals of the bus tours and adding the tourism end of this area in conjunction with the hotels being built here now will be pleasing for the tourism industry. Their volunteers and staff,both winter visitors and year round residents, continue to stay year after year.She commented on the success of the Elvis Lives event at Apacheland,and believes Lost Dutchman Days will become a signature event.They are meeting with the press,radio and television people week after week on Lost Dutchman Days.They are adding an art show and bringing in Indian culture this year. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Richmond MOVED THAT THE ECONOMIC DEVELOPMENT CONTRACT WITH THE APACHE JUNCTION AREA CHAMBER OF COMMERCE FOR CERTAIN VISITOR,ADVERTISING AND OTHER SERVICES BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REQUEST FOR CITY'S POSSIBLE FINANCIAL PARTICIPATION IN THE ARIZONA HISTORICAL SOCIETY MUSEUM ) )City Manager Curtis Shook briefed the council on the item.He reminded the council they had heard the presentation by Mr.Driggs last evening at the work session.The local historical society is supportive of the efforts of Mr.Driggs and the Arizona Historical Society.He believes it is appropriate for the city to contribute, which will bring an Apache Junction room to the museum. Councilmember Surra asked if the list of contribution expectations is suggestive,as she found that a little high for the city. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 20 OF 25 City Manager Curtis Shook stated they had to have some kind of criteria but the society would be pleased with anything. Mayor Coleman stated he would like to see the city meet the contribution expectation,but do it over a period of time,like the 3 years Mr.Driggs suggested.He has been to the museum twice and the city is well -represented right now.There are historic photographs of the area.Some of the stones from Roosevelt Dam are in the patio area,like those over at Goldfield,but they have made them into a large fountain.He stated it is a first-rate museum with plenty of room for expansion. Councilmember Urich stated she would like to see the city give the amount requested,but over a longer period of time. Councilmember Durbala agreed it should be the three years. There was general discussion by the council on the amount to be donated.The total amount was $9,047 suggested by the society. and called for a motion. FOLLOWING DIRECTION BE MUSEUM:THAT THE CITY GIVING THEM A TOTAL OF PAYMENTS OF $3,015.50. MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman closed the discussion Councilmember Urich MOVED THAT THE GIVEN TO STAFF REGARDING THE ARIZONA HISTORICAL SOCIETY PARTICIPATE IN THE ARIZONA HISTORICAL SOCIETY MUSEUM BY $9,047 OVER THREE YEARS,TO BE DIVIDED EQUALLY INTO Councilmember Surra SECONDED THE DEVELOPMENT IMPACT FEE ADOPTION SEQUENCE ) )City Manager Curtis Shook briefed the council on this item.He stated based on the staff study,they have suggested a calendar of events for adoption or non -adoption of the ordinance. Council can accelerate or decelerate the schedule. Councilmember Surra stated she thought it would be nice to do a phased schedule at 25%increments following REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 21 OF 25 implementation.She would like to see this brought back sooner so that at least a quarter is between adoption and implementation. City Manager Curtis Shook believes they are close to that. Development Services Director Larry Harmer stated it is a 60 day effective date. Councilmember Surra would like to see a 90 day effective date,if possible. City Manager Curtis Shook stated they have been contacting developers to make them aware of this.Lennar, Canterbury and Ray were made aware of this as they were going through the process.Commercial and residentials subdividers are made aware of this as they meet with staff.In most cases they are getting favorable comments from those building now and those who are getting ready to build. Development Services Director Larry Harmer stated the reaction is that ours are lower than others and they endorse it because it assists in sales. Councilmember Surra does not want anyone to be surprised that has already committed to a project without adequate time to add it to their costs. Development Services Director Larry Harmer stated the effective date can be adjusted accordingly.In addition, the phase schedule is the first one our consultant has ever heard of,every other city starts at 100%. city should start at 100%. Councilmember Durbala believes the Councilmember Urich disagreed. Councilmember Durbala asked what was the need for the delay.They can get most of their building permits for March. Councilmember Surra stated she believes those that have the good faith to invest in our community early deserve the break. Councilmember Durbala stated as low as the impact fees are,we are not talking about that much.He would like to see the city get the money right away. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 22 OF 25 Councilmember Urich believed it should be phased in also. Councilmember Surra pointed out this involves individual homeowners on individual lots,not just developers. City Manager Curtis Shook stated that was a good point.The intention is to try and establish a schedule.The implementation will take some more thought.You do not need to fix the percentages tonight,just the dates of adoption.He then went through the calendar again. Councilmember Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DEVELOPMENT IMPACT FEE ADOPTION SEQUENCE:THAT WE LOOK TO THE NOVEMBER 18 WORK SESSION FOR LAST MINUTE CORRECTIONS AND DISCUSSION;AND THAT WE HAVE A PUBLIC HEARING ON DECEMBER 3;THEN VOTE ON WHETHER TO ADOPT OR NOT;AT THE DECEMBER 3 EVENING THERE SHOULD BE DEFINITE CONCLUSIONS BASED ON WHAT HAS COME BEFORE THEM ON THE 18TH FOR A PHASED SCHEDULE,OR AN OPTION FOR PHASING OR NOT,AND THAT PHASING SHOULD BE PART OF THE ADOPTED ORDINANCE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT WE SCHEDULE AN EXECUTIVE SESSION FOR PERSONNEL MATTERS CONCERNING THE POSITION OF PRESIDING MAGISTRATE ON NOVEMBER 13 AT 7:00 P.M.IN THE CITY COUNCIL CONFERENCE ROOM AND A SPECIAL MEETING TO IMMEDIATELY FOLLOW THE EXECUTIVE SESSION AT THE DEPARTMENT OF PUBLIC SAFETY EMERGENCY OPERATIONS CENTER,CITY HALL COMPLEX ON NOVEMBER 13 IN ORDER TO POSSIBLY SCHEDULE FURTHER MEETING DATES,TIMES,LOCATIONS AND MATTERS AS MAY BE NECESSARY RELATIVE TO THE PRESIDING MAGISTRATE POSITION. Councilmember Surra stated it had been decided the most free date was November 12. Councilmember Durbala MOTIONED FOR THE DATE TO BE CHANGED TO NOVEMBER 12. Councilmember Durbala further MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.BE REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 23 OF 25 HELD ON MONDAY,NOVEMBER 18,1996,IN THE CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT CITY COUNCIL CONFERENCE ROOM AND HELD ON TUESDAY,NOVEMBER 19,1996, Councilmember Hendricks SECONDED THE )Mayor Coleman adjourned the meeting at 9:47 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Regular Meeting of October 15,1996. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of Resolution No.96-35:Call of Election for the March 11, 1997,Primary Election designating date and purpose of election; deadline for voter registration;and place and final date for candidates to file nomination papers. ACCEPTED THIS 19TH DAY OF NOVEMBER ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF NOVEMBER REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 24 OF 25 ,1996. e ifr6AA"YAGLAS CLEMAN Mayor ATTEST: Z-,----/L-, KATHLEEN CONNELLY 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 5th day of November,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of November,1996. City Clerk 11 A- V 7 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1996 PAGE 25 OF 25