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HomeMy WebLinkAbout1996-12-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 3,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 3,1996,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 Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Surra Councilmember Urich Councilmember Durbala Councilmember Barker (Councilmember Hendricks was absent.) 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 Parks & Recreation Director Jeff Bell Library Director Pam Loui Development Services Director Larry Harmer Others Present:Planning Manager Jim Nakagawa Parks & Recreation Superintendent Chuck Baker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT MILLIE LITTLE BE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 1 OF 17 APPOINTED TO THE LIBRARY BOARD WITH A TERM TO EXPIRE JUNE 30,1998;AND THAT AUTHORIZATION BE GIVEN TO PROCEED WITH THE PURCHASE OF A 1997 CHEVROLET LUMINA FROM CHAPMAN CHEVROLET FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $15,488 (INCLUDING TAX);AND THAT AUTHORIZATION BE GIVEN FOR WESTERN TECHNOLOGIES TO COMPLETE SEWER TRENCH TESTING FOR AN AMOUNT NOT TO EXCEED $20,000,BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Parks & Recreation Superintendent Chuck Baker stated Brian Nosey had passed away in the summer of 1995,and the city had lost a valuable member of the parks & recreation team,Four Peaks Elementary lost an outstanding teacher, the kids in the community lost an excellent coach and role model,and the Nosey family lost a loved one.His life was dedicated to all of these families.He coached because of his love for the game and his love for teaching the game to kids.He coached sportsmanship,maximum participation and instilled pride in his players.The "Brian Nosey Award" was created in his honor for the volunteer coach of the year,and the 1996 award was given to Dan Potts. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook briefed the council on the recent Town Hall.A summary of the Town Hall should be received within the next week or two,and each of the delegates will receive a copy.Copies will be available for anyone else who would like them.He added the neighborhoods program is in progress,four meetings have taken place so far,and they are adding them to the block watch meetings.There should be a number of them each month as of January.The general schedule will be given to council for their attendance as soon as i t is available.He will be speaking to the senior citizens on the 12th,and anyone interested in attending should call his office. PUBLIC HEARINGS CONTINUATION OF LOCAL ALTERNATIVE LIMITATION -HOME RULE OPTION )City Clerk Kathleen Connelly briefed the council on this item.This is the second public hearing required REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 2 OF 17 on this item prior to the vote on adoption.She stated per state law,council must call a special meeting immediately after the public hearing on this item to vote on the adoption of the resolution. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for discussion by the council.There being no discussion,the council convened a special meeting to vote on the resolution. SPECIAL MEETING PROPOSED RESOLUTION NO.96-37,LOCAL ALTERNATIVE LIMITATION -HOME RULE OPTION ) )City Clerk Kathleen Connelly briefed the council on this item.She stated the wording of the resolution is given to us by the Auditor General's Office with very little options.There were considerable changes from four years ago,but there is no discretion in this area.It must be done in both spanish and english. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for discussion by the council.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.96-37,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION,BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. Mayor Coleman reconvened the regular meeting of the city council. PUBLIC HEARINGS CONTINUED PROPOSED ORDINANCE NO.962,NO PARKING ZONE ON CONCHO STREET )City Engineer Gordon Grandy briefed the council on this item.The pavement is only 16'wide in this area and as a result the residents are parking up on the sidewalk and beyond the sidewalk area into the landscaped area.He recommends no parking be placed on the north side of Concho Street from Meridian to Cedar Drive to alleviate the problem,and that enforcement actions attempt to be pursued once the signs are in place.If this ordinance is passed tonight,he will advise the homeowners' REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 3 OF 17 association president that it will be effective in 30 days and have him notify all the residents. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for discussion by the council. Councilmember Surra asked about the off-street parking availability for the residents. City Engineer Gordon Grandy stated there are two spaces provided internally inside the site for each of the units.There are other spaces on Windsong to the north of the project and on Cedar Drive to the east of the project.Concho Street is so narrow there is no dirt area that can be beaten down for people to park on,whereas on the other two streets there are dirt areas that had been beaten down. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.962 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No.962 by title only. Councilmember Urich MOVED THAT ORDINANCE NO.962,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.973 AND PROPOSED RESOLUTION NO.96-40,ADOPTION OF DEVELOPMENT IMPACT FEES ) )Development Services Director Larry Harmer briefed the council on this item.He advised this is the first REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 4 OF 17 of two scheduled public hearings on the item.They have been advertised in the newspapers,the newspapers have carried stories on the subject,and they have mailed out copies of the recommended schedules,ordinance and resolution to numerous builders in the area either already building or who have indicated a desire to build in the area.Information was also sent to the Homebuilders' Association of Central Arizona,some of the manufactured home industry groups and they have had contact with one of the legal firms who represents several of the major builders in the valley.They were all advised to come to the public hearings to hear any input from them.All but one comment received so far have been verbal.Some of the organizations stated they would try to be in attendance on the 17th,and all responses were favorable.The one written response was from the law firm of Julian,Nicholas,Fisher,Courtney,Cook & Pew,wherein Mr.Pew states the builders generally do not object to impact fees that are properly adopted in accordance with Arizona Statutes and that are reasonable in their exaction.Ours are considered reasonable and are probably the lowest in the valley area.We are suggesting fees that are not being used by other areas of the valley,such as the library and the police. He stated Jim Duncan & Associates will be represented by Jim Duncan on the 17th if there are any final questions.He stated before the impact fees are adopted,an impact fee administrator must be officially designated,which is generally the city manager or a development services director,in-house work on the actual method of collection must be finished,and a utilization plan will have to be developed.Part of the resolution defines the service area as being the entire incorporated limits,which is reasonable at this time, however,as development starts moving to the south,two service areas may need to be established,one north and one south of the freeway.He added they had received a phone call from James Duncan after the packet material was completed that indicated they had received new census information,so a more accurate fee assessment was created.The previous schedule also did not include projected land costs.He stated staff is requesting direction as to a phase -in schedule in order to have the final resolution and ordinance ready for the next meeting. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to discussion by council. Councilmember Surra and Development Services Director Larry Harmer discussed the phase -in schedule.It had been discussed in previous work sessions the possibility of increasing the fees by 25% each month,to be phased in over the first 6 months.Other council members stated it was to be over a four month period.It was generally agreed upon that the fees would not be implemented until February 1997,with full fees being charged in June. Councilmember Surra stated she thought the council had favored the fee schedule that graduated by 25% each time which gave more leeway to the individual homebuilder. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 5 OF 17 Development Services Director Larry Harmer stated it starts on February 1 and by the first of May it would be at 100%. Councilmember Surra stated it is at 25% on February 1. Development Services Director Larry Harmer stated that is correct. Councilmember Surra stated this is what she came away with from the work session and she did not see it reflected in the current information,so she would like the council to "rethink"it. Councilmember Durbala stated he thought the consensus was to go with the 50% increments in order to have it done as quickly as possible. Councilmember Urich recalled the same information as Councilmember Surra. Mayor Coleman recalled there was no consensus. Councilmember Durbala stated he did not see where it would make any difference to the developer,as he will be paying that when he comes in for his permit. Councilmember Surra stated it was not the developer she was concerned with,it is the small individual. Councilmember Durbala stated most of the small individuals are building for other people,they are private contractor hires. Councilmember Urich stated she did not feel it would have such an impact on people building,especially the individuals,if we staggered it over a 4 month period. Councilmember Durbala stated he would be willing to start off at 50% and stagger the last two at 25%. Councilmember Urich stated she would be willing to do that. Councilmember Surra stated that was a good idea,however,that would mean the implementation date would have to be delayed to provide proper notice to everyone involved.She suggested a March 1 implementation.She would compromise on that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 6 OF 17 Councilmember Urich and Councilmember Durbala agreed to the compromise. Development Services Director Larry Harmer stated this would not be a major impact to the fund. Councilmember Surra stated she was more concerned about proper notice to the people than the fund. Councilmember Barker wanted it clarified that the fees begin on March 1 at 50%,they would be 75% as of April 1,and they would be 100% as of May 1. She was advised by a number of other council members that she was correct. Mayor Coleman closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE EFFECTIVE DATE AND FEE PHASING ON THE DEVELOPMENT IMPACT FEES FOR CONSIDERATION AT THE DECEMBER 17 REGULAR MEETING:THAT THE STAFF ADJUST THAT SCHEDULE TO REFLECT 50% ON MARCH 1;75% ON APRIL 1;AND 100% ON MAY 1;AND ALSO THAT STAFF DO SOME RESEARCH ON THE THINGS I GAVE YOU. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.96-41,EMISSIONS CONTROL )City Manager Curtis Shook briefed the council on the item.Council has decided to state its position with the Governor's Task Force and the Arizona Department of Environmental Quality regarding the city being recommended for inclusion into the non -attainment area or into the "Plan A Map Area".The words "or inclusion of the city in the Plan A Map Area"should be added to the present resolution in the heading after "expansion of Maricopa Non -Attainment Area",in the third paragraph after "ozone non -attainment area"the words "or Plan A Map Area"should be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 7 OF 17 added,and then at the end after "Maricopa Non -Attainment"should be added "or Plan A Map Area". Councilmember Barker MOVED THAT RESOLUTION NO.96-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,OPPOSING THE PROPOSED EXPANSION OF THE MARICOPA NON -ATTAINMENT AREA AND/OR THE PLAN A MAP AREA,BE APPROVED WITH THE FOLLOWING AMENDMENT:THAT "OR THE INCLUSION OF THE CITY IN PLAN A"BE ADDED TO THE END OF THE TITLE;THAT IN PARAGRAPH 3 OF THE RESOLUTION,THE WORDS "OR PLAN A MAP AREA"BE ADDED TO THE END OF THE FIRST LINE (AFTER "EXPANSION OF THE OZONE NONATTAINMENT AREA";AND THAT "OR THE INCLUSION OF THE CITY OF APACHE JUNCTION IN THE PLAN A MAP AREA"BE ADDED AFTER "MARICOPA NON -ATTAINMENT AREA"IN THE FINAL PARAGRAPH.) Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF APPOINTMENT OF PRESIDING MAGISTRATE/DIRECTION REGARDING PREPARATION OF CONTRACT/SIGNATURE AUTHORIZATION )Councilmember Barker MOVED THAT DAVID ALEXANDER BE SELECTED AS PRESIDING MAGISTRATE AND THAT THE FOLLOWING DIRECTION BE GIVEN REGARDING THE PREPARATION OF THE CONTRACT AND AUTHORIZATION:FOR THE MAYOR TO COMPLETE NEGOTIATIONS AND BRING CONTRACT BACK FOR THE DECEMBER 17 MEETING. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REVIEW AND CONSIDERATION OF A CELLULAR ANTENNA AGREEMENT WITH U.S.WEST NEW VECTOR GROUP,INC. )City Manager Curtis Shook briefed the council on the item.He stated they received consensus on the final agreement late this afternoon.He is requesting council to approve the concept with the major tenants outlined this evening and authorize the mayor to sign the agreement.The final document will be brought back December 17 for ratification.They have changed this from a lease to an easement agreement,the monthly payment has been renegotiated to another $50 per month, and the payments will be made annually instead of monthly.Years 1-5 will be $7800 per year or $39,000,years 6-10 would include the $50 month increase REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 8 OF 17 plus CPI increase and would produce $46,200.If they continue with a 20 year lease,years 11-15 would produce $54,600,and years 16-20 would produce $75,000.In addition,the city has the right of acceptance in design,a section guaranteeing grant or approval of the design will be added,the city would set the stakes for the easement placement to prevent any future problems with future structures on the site,and they must conform to the landscape ordinance standards.This gives the city some control and some income. Mayor Coleman opened the item to discusson by the council.He then called for a motion. Councilmember Barker MOVED THAT THE PROPOSED AGREEMENT BETWEEN U.S.WEST NEW VECTOR GROUP,INC.AND THE CITY OF APACHE JUNCTION FOR THE ESTABLISHMENT OF A CELLULAR ANTENNA SITE AT THE PUBLIC WORKS YARD ON EAST BASELINE AVENUE BE APPROVED AND THAT THE CITY MANAGER BE AUTHORIZED TO COMPLETE NEGOTIATIONS AND ENTER INTO AN AGREEMENT. Vice Mayor Richmond SECONDED THE MOTION. VOTE:5-1 (Councilmember Surra voted in opposition.) The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REZONING OF THE 40 -ACRE APACHE JUNCTION LANDFILL ) )Development Services Director Larry Harmer briefed the council on the item.Staff has met with landfill representatives in the last week to discuss the issues.An understanding has been discussed with Allied Waste regarding the final grade and the landscaping concerns.The basic concern is that the existing operation is on -going. Council can initiate a rezoning,through the public hearing process,and we would hope Allied Waste would still perform certain things as far as providing information.This would keep the wheels turning on the existing landfill itself.He stated this is for discussion for tonight and to give staff direction if the council so chooses. City Manager Curtis Shook stated there are some questions on the operation of the existing 40 acres.He is concerned with the height,which he has learned they intend to make some 95+ feet at the current landfill.That is not acceptable,and the city is the regulatory body there.There is a concern over lack of contact by Allied with the city to produce a specific plan.However,they have met recently with the new representative for this area,Don Swierenga,who is here tonight.There are additional concerns about non -conforming uses on state land.The situation needs to be rectified as soon as possible. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 9 OF 17 Councilmember Barker stated she had read in one of the city attorney's letters that there was an illegal expansion on "x"amount of acres,and asked if that was still the case. City Manager Curtis Shook stated that still exists as of this afternoon.The city believes that any excavation on the additional 89 acres recently purchased would be a violation of the operation plan and the zoning ordinances.The city attorney's letter asked them to cease and desist.He has been told by Allied Waste that they believe they have the right to continue excavation.They would like to continue excavation but would make an agreement with the city while the attorneys are discussing the points that if it is determined that is not a legal use,they would bring back all the material and revegetate it at their own expense. They are requesting to continue at their own risk;his concern is he believes it is a violation of the zoning ordinance.In good faith,he asks that the cease and desist be followed until the legal rights are determined. Councilmember Barker asked if it would be an advantage for the council to go ahead an initiate a rezoning. City Attorney Glenn Gimbut stated there are two questions here.The rezoning withdrawn is for the entire site. The council is concerned about the growing height on the existing 40 acres. There is a weakness in the height limitations in the present zoning code, which regulates structures and buildings but does not include "earth".This creates a problem as the city cannot regulate the height of earth.This can be corrected by either amending the code and regulations to control the height of the artificial piling or to rezone the property to make it conforming to a planned development zone,which would have a planned development restriction on height.This would not take away from the existing vested rights,but would it would put a cap on future growth.This would give some control over the existing 40 acres.The remaining 129 acres has been left up to Allied as to their use.That was the state of affairs as of last week.Last week we had a very productive meeting and some of the miscommunications were cleared up.Allied was told data was needed behind their drawings and concepts. Allied has pledged to come back with the data within the next two weeks.This problem may be resolved to the satisfaction of staff before the rezoning application is ever heard.They hope to work with Allied and get that done. The proposal for the rezoning tonight is not the total solution.The rest of the land needs to be included as well. Councilmember Barker asked if the council would be better off forgeting the rezoning for the moment. City Attorney Glenn Gimbut stated that is a council decision.If you wish to keep it moving,this is one way to clear it up.If you wish to do some other method,you may do so as council makes policy. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 10 OF 17 City Manager Curtis Shook suggested to keep the pressure on them and keep moving forward,as there is a lot at stake here.He would like to see more answers to the height and expansion questions than he has received. Councilmember Surra asked if we were not dealing with the landfill and someone was using land inappropriately for its zoning,what would the city be doing? City Manager Curtis Shook stated exactly what we have been doing.They would be notified to cease and desist, after a certain amount of time legal actions would be taken if the cease and desist order was not followed. Councilmember Surra asked what the time frame was. City Manager Curtis Shook stated it is generally 30 days,sometimes two weeks. City Attorney Glenn Gimbut stated if there is a desire for council to seek legal action,he requested this be done in executive session. Councilmember Surra wanted to know why the city just does not handle this through regular channels,the way it is done for anyone else that has received a cease and desist request. City Manager Curtis Shook believes it has been handled through regular channels up to this point.The item was on the agenda to make sure staff proceeded down the road that council wanted them to use. Councilmember Surra asked if without abandoning the regular process,can they then additionally define further sanctions by rezoning the 40 acres? City Manager Curtis Shook stated that was correct. Councilmember Surra stated she had no problem with that and would like that to be part of the wording in the direction to staff. Mayor Coleman closed the discussion and called for a motion. Councilmember Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY INITIATED REZONING OF REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 11 OF 17 THE 40 -ACRE SITE OF THE EXISTING LANDFILL LOCATED ON THE EXTENSION OF SOUTH TOMAHAWK:THAT STAFF DRAFT A NEW ORDINANCE FOR MAKING THAT 40 -ACRES OF USE BY THE LANDFILL A CONFORMING USE FOR THAT 40 -ACRES;AND THAT STAFF CONTINUE TO PLACE IT IN A PLANNED DEVELOPMENT ZONE WITH A CAP ON THE FUTURE HEIGHT GROWTH; AND MAKE SURE THAT THE CITY CONTINUES WITH THE CEASE AND DESIST ACTION FOR THE REST OF THE AREA. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REVIEW BUILDING AND OPERATING PERMIT PROCEDURES FOR THE BUILDING DEPARTMENT ) )Councilmember Durbala briefed the council on this item.He would like to see staff work on some items and come back in May with some information.He would like to see the permit removed for installing a hot water heater,as most install them without getting a permit.He would like to see the permit removed for reroofing a structure, unless it is a tile roof which should be inspected.He would also like to see the building and permit departments stay open later on Wednesdays,even if it requires rotating some people around,and stay open at least one Saturday a month to offer service to the community for the people that work during the week.He believes it would be beneficial for the community as a whole. Councilmember Barker asked the city attorney about the liability to the city if those permits were removed. City Attorney Glenn Gimbut stated the city would be liable in the sense that we have building codes and there are minimum safety standards set in these areas.For example,when his hot water heater was replaced,he was informed that all of his plumbing connections were not according to code,even though his house had been built after the time these codes were enacted.In addition,someone had put in an ordinary light switch to break the power on a 220 volt connection,which was a fire hazard.The house had to be rewired and replumbed to be safe.In the preamble to the Uniform Building Code,the Uniform Plumbing Code,the Uniform Mechanical Code and the National Electrical Code,it states these are minimum safety standards,and if they are not followed it is negligence per se.We have a proper enforcement code by permit.However,a fee does not have to be charged for the permit.His suggestion is to do a no fee permit,which would allow the city to properly administer the codes.There is negligence exposure if the codes are not enforced in the proper manner. Councilmember Surra stated none of them are looking to make things less safe,but she believes there are a lot of people who do not apply for any of the permits because of the fee.She agrees REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 12 OF 17 on removing the fees for replacement of water heaters and for roof repair. The intent is health and safety,not to penalize someone. Mayor Coleman stated that the taxpayer ends up paying for that. Councilmember Surra stated they are paying for it twice.If the fee does not cover the cost now,they pay it twice. Mayor Coleman stated that the taxpayer would pay the total burden if the fees were removed.He stated he was not sure if he should have to pay for her water heater to be inspected by the city if she was having it replaced. Councilmember Surra stated according to the city attorney you already are as enough money is not being generated to pay for the cost. Mayor Coleman asked if the fees should be raised to cover the full burden.He was not sure. Councilmember Barker stated she would not want to see the permit dropped,if only for health and safety reasons. Councilmember Durbala stated while he was talking to other communities in our county,he was told to look towards Maricopa County for our legislation,which is more progressive.Most of the cities that have it in their Uniform Building Codes do not require it, including Eloy and Florence (requires permit,but there is no cost and they do not inspect it).He questioned the reason for having the permit if it was not to be inspected.You would have to pay an inspector to go out and inspect the wiring when i t is put in.It is a simple process if you follow the directions on your sheet,and most people are capable of that. Councilmember Surra asked if the fee was high. Development Services Director Larry Harmer stated the building code has not been updated since 1991.We are a full building code behind.The 1997 code is expected out shortly,but indications statewide are that most communities will not adopt it,they will just update to 1994.The reason why is the entire nation is going onto a single code,whereas right now there are three.There is one for west of the Mississippi,one for the northern states and one for the southern states.The single code will be issued around the year 2000.Right now we are working off a 1991 code with a 1991 fee structure.The question is whether the city wants to look at the potential of working under a cost recovery system.There are REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 13 OF 17 more fees than these two involved.They are looking at coming to the council in the spring when the 1997 code comes out with specific recommendations as to what type of updates to our code we want to do to be in alignment with the other valley communities and to be in an area of less liability than we are right now.As far as the extra hours,that is already being discussed at staff level.They have looked at doing it on an evening basis,however,that does take away from some of the duties that can be performed in the daytime. The only other thing to do is add staff,which is not an option at this time. To stay open in the evening would take a minimum of two people and there is a security issue.Being open on a Saturday has not been discussed thus far,and that would take a minimum of two people to do for adequate manning,which would mean sometime during the middle of the week we would be short.It might be able to work with a graduated method and see what the response is.In the past,they have not had a great response to this. Councilmember Surra stated Mr. Durbala was discussing not having fees for those things that were for replacements,not improvements or expansions or new buildings or anything else. Development Services Director Larry Harmer stated that would be council's choice in direction to staff.However, there are safety features involved in replacing a roof.It has to reinstalled in a certain progression.If you want to relieve the city of the responsibility on any plumbing,electrical and other inspections,that is the council's choice. Councilmember Durbala and Councilmember Surra stated they did not say anything removing the inspection, just the fee. Development Services Director Larry Harmer stated they are then talking about a free service,which is another issue. City Manager Curtis Shook stated Councilmember Durbala had asked some good questions,and Development Services Director Larry Harmer had pointed out there are numerous things from code enforcement and code standard that are already being addressed.He suggested that staff bring this back in the spring after looking at all the issues involved,if council concurs. Councilmember Durbala stated there were many other items,he had picked those two in particular as his initial concerns,plus being open in the evenings or Saturday daytime hours. City Manager Curtis Shook stated while he was sure everybody would like to do that from a customer service REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 14 OF 17 standpoint,he thinks in order to propose something workable and usable by the public we need to look at what our capabilities are there. Councilmember Durbala stated he realized that,but the only way to get a direction to staff was to bring it up in a meeting,not at an executive session or elsewhere.This was the time to bring it up to get it out to the public so they would understand we are working towards their benefit and service to them. FOLLOWING OPERATING LOOK INTO COME BACK MOTION. Mayor Coleman called for a motion. Councilmember Durbala MOVED THAT THE DIRECTION BE GIVEN TO STAFF REGARDING THE REVIEW OF THE BUILDING AND PERMIT PROCEDURES FOR THE BUILDING DEPARTMENT:REVIEW THE CODES TO THE FEE BASIS;TO POSSIBLY HAVE EVENING HOURS OR SATURDAY HOURS;AND TO COUNCIL AT THE LAST MEETING IN MAY. motion to be repeated. Councilmember Surra SECONDED THE Councilmember Urich requested the City Clerk Kathleen Connelly repeated the motion. VOTE:Unanimous. The motion carried. 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 7:00 P.M.BE HELD ON MONDAY,DECEMBER 16,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 17,1996, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 15 OF 17 MONDAY,JANUARY 6,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 7,1997,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Surra commented the council has been invited to participate in the Parade of Lights for Main Street on Friday evening,and she encouraged everyone to come out,see them and wave.Councilmember Durbala stated they would actually be singing,too. ADJOURNMENT ) )Mayor Coleman adjourned the meeting at 8:25 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Special Meeting of November 12,1996. 3.Consideration of appointment to the Library Board. 4.Approval and authorization to proceed with purchase of vehicle for Public Works Department totaling $15,488 (received budget approval for FY 96-97). 5.Approval for Western Technologies to complete sewer trench testing (not to exceed $20,000). ACCEPTED THIS 17TH DAY OF DECEMBER ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF DECEMBER ,1996. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 16 OF 17 ATTEST: KATHLEEN CONNELLY City Clerk Mayor 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 3rd day of December,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December,1996. KATHLEEN CO NEL City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,1996 PAGE 17 OF 17