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HomeMy WebLinkAbout1996-12-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 17,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 17,1996,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 Hendricks led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Councilmember Surra Councilmember Urich Councilmember Durbala Councilmember Barker Councilmember Hendricks Staff Present: Others Present: (Vice Mayor Richmond was absent.) City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Development Services Director Larry Harmer ACCEPTANCE OF CONSENT AGENDA ) )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM #8, WHICH WILL BE POSTPONED TO A FUTURE DATE TO BE DETERMINED BY COUNCIL;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEE:POLICE SERGEANT WOODY HAYWOOD;AND THAT THE APPROVAL AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 1 OF 11 AUTHORIZATION TO PROCEED WITH PURCHASE OF 1997 FORD F150 1/2 TON PICKUP FOR THE ENGINEERING DEPARTMENT FROM BERGE FORD NOT TO EXCEED $20,500 (INCLUDING TAXES);AND THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR THE IMPROVEMENT OF TOMAHAWK ROAD BETWEEN SUPERSTITION FREEWAY (ROUTE 60)AND SOUTHERN AVENUE BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE AGREEMENT;AND THAT THE RATIFICATION AND AUTHORIZATION FOR THE CITY MANAGER TO SIGN THE AGREEMENT WITH U.S.WEST NEWVECTOR GROUP,INC. FOR A CELLULAR TOWER TO BE LOCATED AT THE PUBLIC WORKS YARD BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read and presented the Certified Municipal Election Official Certificate to City Clerk Kathleen Connelly.This certificate is for the completion of a three year education,training and testing program established by the Arizona Municipal Clerks'Association and the League of Arizona Cities and Towns. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook briefed the council on an open house discussion by a group called Ocotillo Flats Limited Liability Corporation to be held at the Pinal County Courthouse at McFarland Historical State Park from 6:30 p.m.to approximately 9:30 p.m.on December 19.It concerns the proposed development of part of the area.The city will be represented at the meeting. PUBLIC HEARINGS PROPOSED ORDINANCE NO.973 AND PROPOSED RESOLUTION NO.96-40/ADOPTION OF DEVELOPMENT IMPACT FEES )Development Services Director Larry Harmer briefed the council on the item.He stated this is the second of two formal hearings to receive input prior to potential council action.This will allow the city to collect impact fees,establish a schedule for their collection and give a methodology for their usage.They have focused this evening on four major areas:public safety,parks,libraries and roads.The water and sewer systems have community facilities districts and have buy -in fees to establish services.A revised fee schedule was provided to council at REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 2 OF 11 their seats tonight due to more current census data.He also provided copies of three letters received from individuals on the proposed impact fees,and two of those individuals are in attendance.A handful of telephone contacts have been received from the citizenry with no names given to them,and the consensus was the city should be charging more.James Duncan,the consultant, was in attendance to give a synopsis if desired.No formal presentation was given as council had been given this information at previous meetings. Mayor Coleman opened the item to questions by the council.There being no questions,he opened the public hearing on the item. Mr.Ralph Pew,40 N.Center #200, Mesa,addressed the council on the item.He advised his law practice focuses on land use issues,and he has represented many of the major homebuilders and developers in the valley over the last 17 years.After briefly reviewing the scheduled impact fees,he came this evening to discuss them with the city attorney and to share some thoughts with the council.He stated when a city determines that impact fees are necessary,homebuilders and developers are not adverse to impact fees that are fair and equally applied to all interested parties.If this is done,the homebuilders and developers will understand the need for that -if the need is clear.The reputable builders will have no problem with that. Mr.Andy Kunasek of the Homebuilders Association of Central Arizona addressed the council on the item.He stated he had become aware of the impact fees in the last two weeks.He stated the homebuilders association is not opposed to the fees and everyone feels the need to carry their own weight.His organization has not had the opportunity to go through the consultant's report and is requesting a postponement on any implementation for sixty days.He agreed with the statements of Mr.Pew. Mayor Coleman opened the item to discussion by the council. Councilmember Surra asked Mr. Kunasek when he had received information on the impact fees. Mr.Kunasek stated he believed it was the Monday before the last public hearing on the impact fees. Development Services Director Larry Harmer stated he believed that would be in late November.There was a delay as the individual they had mailed it to was not the individual who would have worked on it,and there was some time delay before Mr.Kunasek received the information. Mr.Kunasek stated it was Connie Wilhelm Garcia who received,and she gave it to him right away. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 3 OF 11 City Manager Curtis Shook stated they were notified the same time as everyone else. Councilmember Urich asked if that was the end of November. Development Services Director Larry Harmer stated it was mid-to late -November.He stated he had explained to Mr. Kunasek that the city is delaying implementation until March.He told him the council recognizes ordinances can be changed and amended if appropriate to do so,and they recognize this one may be amended in the future. Mayor Coleman closed the public hearing and called for further discussion by the council. Councilmember Durbala stated he believed a sentence was missing on page three of the phase in schedule.It states the impact fees prior to April 1997 would be assessed at 50%,and after April 1st it would be 75% and then 100%.He asked if it was a typographical error. Development Services Director Larry Harmer stated it should say "be collected at a rate of 50% beginning March 1997". City Attorney Glenn Gimbut stated he had drafted a new paragraph two there.It should read "impact fees collected prior to April 1,1997,shall be assessed at 50% of the full amount;and". Number two as seen in the paragraph should be number three,what is number three should become number four. City Clerk Kathleen Connelly asked to confirm that it be March 1997 or February 1997 on page two of the ordinance of the section. Development Services Director Larry Harmer stated that was the change made at the last meeting. Mr.James Duncan addressed the council on this item.He complimented the staff and stated he had received 100% cooperation and support.The fee amounts are in line except for the roads which are substantially lower.Those costs may go up in time as more roads are paved.The mobile home/single family residence balance are pretty close,again except for the roads.This was talked about at the workshops. He stated the "grace period" on the implementation is closer to seventy-five days,which is more than what Mr.Kunasek had requested,plus it involves a phase -in period. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 4 OF 11 Councilmember Barker asked if he felt this schedule answers Mr.Pew's test of fairness and equitability. Mr.James Duncan said it does. Councilmember Barker asked him to elaborate on that. Mr.James Duncan stated his impact fee schedules had adhered to all of the tests in the past to make sure everyone is paying their fair share.These are based upon sound studies and have taken almost a year to complete.Adjustments were made where necessary, and they will have to be adjusted in the future.They should be reviewed annually or at least periodically in order to keep up with the costs.He added if anyone disputes the fees,his company would assist the city on the dispute. City Attorney Glenn Gimbut stated he had checked around the legal community and found that Mr.Duncan has been a frequent consultant for the sister organization,the Southern Arizona Homebuilders Association. Mr.James Duncan stated 99% of their work is with governments and municipalities.His objective is to make sure the impact fees are designed properly and that they are a win/win situation for both the private sector and public sector. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.96-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 7,ARTICLE 7-1 DEVELOPMENT IMPACT FEES",BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT ORDINANCE NO.973 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 5 OF 11 Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.973,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT ON SECTION II,"WITH THE IMPACT FEES ESTABLISHED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM AFTER MARCH 1,1997",AND THEN ON PAGE THREE OF TWENTY,THE FEES,THE PHASE IN SCHEDULES,ADD TO LINE NUMBER TWO THAT "IMPACT FEES COLLECTED PRIOR TO APRIL 1,1997,SHALL BE ASSESSED AT 50% OF THE FULL AMOUNT;AND",LINE THREE BE READING THAT "IMPACT FEES COLLECTED ON OR AFTER APRIL 1,1997,SHALL BE ASSESSED AT 75% OF THE FULL AMOUNT",AND SENTENCE FOUR WILL BE THE SAME AS SENTENCE THREE. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.975,AMENDING CITY CODE CHAPTER 5/MAGISTRATE COURT ) )City Clerk Kathleen Connelly briefed the council on this item.She advised while preparing the magistrate contract it was discovered the present code was very specific and did not fit the current situation.It requires council to appoint magistrates in even numbered years.This will be a generic change that fits the supreme court order of the term being a minimum of two years,and the time of the terms will be set by contract.Hopefully this will never have to be changed again.It is written with the emergency clause as it needs to be effective simultaneously with the contract. 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 MOVED THAT ORDINANCE NO.975 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 6 OF 11 VOTE:Unanimous. The motion.carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Surra MOVED THAT ORDINANCE NO.975,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.974,IRONWOOD DRIVE SPEED LIMIT ) )City Engineer Gordon Grandy briefed the council on this item.An analysis of the intersection suggests something should be done to make it more safe.The proposal is to add a word message under the stop signs on Baseline that state "IRONWOOD DOES NOT STOP" and to reduce the speed limit on Ironwood Drive to 35 mph from 1/4 mile south of Baseline Avenue to the Superstition Freeway.They are also proposing to suspend a single -headed flashing overhead light at the intersection which will flash red for Baseline Avenue and yellow for Ironwood Drive as a cautionary indicator.The police department should enforce the new speed limit in the area once it becomes effective. 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.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.974 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 7 OF 11 Councilmember Urich MOVED THAT ORDINANCE NO.974,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.96-39,STREET LIGHT IMPROVEMENT DISTRICT 8805-1, SUPERSTITION MEADOWS ) )City Engineer Gordon Grandy briefed the council on this item.He advised that when this street light district commenced in April 1987 his department failed to keep track of one step,which was the levying of the taxes.Salt River Project had it installed and up and running as of February 1992,and since that time the city has been paying for the street lights in that neighborhood.This resolution will now enact the levying of the taxes from this day forward. Councilmember Durbala asked why it took so long to discover this. City Engineer Gordon Grandy stated a Pinal County employee brought it to their attention,which is where the documentation for the district is kept.Up until this month,the city has been paying for it. Mayor Coleman stated this would be from this time forward. City Engineer Gordon Grandy stated that was correct. Councilmember Barker asked what the "certain sum"levied per every hundred dollars would be. City Engineer Gordon Grandy stated he did not bring those figures with him,and he did not know what the sum would be. Mayor Coleman closed the discussion and called for a motion. from this time forward. that was correct. Mayor Coleman closed the discussion Councilmember Barker MOVED THAT RESOLUTION NO.96-39,A RESULUTION OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,RELATING TO TAXATION,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION,SUBJECT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 8 OF 11 TO TAXATION,AND WITHIN THE MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT SL8805-1,A CERTAIN SUM ON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT,AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Surra stated she had a problem with voting this as an emergency,but she knew it had to be done.City Clerk Kathleen Connelly stated the emergency clause was redundant,as resolutions are effective immediately.City Attorney Glenn Gimbut stated council has wanted the emergency clause added to such matters in the past,even though it was redundant.) The motion carried. OLD BUSINESS. None. NEW BUSINESS. CONSIDERATION OF CONTRACT WITH PRESIDING MAGISTRATE )Mayor Coleman opened the item to discussion or questions from the council.There being no discussion,he called for a motion. Councilmember Surra MOVED THAT THE CONTRACT WITH DAVID ALEXANDER FOR PRESIDING MAGISTRATE,EFFECTIVE JANUARY 1, 1997,BE APPROVED,AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES, EXECUTIVE SESSION AT 6:00 P MONDAY,JANUARY 6,1997,IN CHAMBERS RESPECTIVELY;AND TIMES,LOCATIONS,AND PURPOSES Councilmember Barker MOVED THAT AN .M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 9 OF 11 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 None. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:42 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Regular Meeting of November 19,1996. 3.Acceptance of the Minutes of Regular and Special Meetings of December 3, 1996. 4.Recognition of Outstanding Service to the Community by City Employees. 5.Approval and authorization to proceed with purchase of vehicle for Engineering Department totaling $20,500 (received budget approval for FY 96-97). 6.Approval and authorization for City Manager to sign Intergovernmental Agreement with Pinal County for street improvements on Tomahawk Road from Southern Avenue to the Superstition Freeway (U.S.60). 7.Ratification and authorization for City Manager to sign Agreement with U.S.West NewVector Group,Inc.for a cellular tower to be located at Public Works yard. 8.Consideration of possible action with regard to City Attorney. ACCEPTED THIS 21ST DAY OF it,iirnp v ,1997,BY THE MAYOR AND CITY COUNCIL OF THE_CItY OF APACHE JONTTON,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JANUARY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 10 OF 11 ,1997. ATTEST: KATHLEEN CONNEL 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 17th day of December,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of January,1997. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1996 PAGE 11 OF 11