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HomeMy WebLinkAbout1996-01-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 16,1996 The regular Arizona,was held Chambers pursuant CALL TO ORDER Mayor Coleman called the meeting to order at 7:04 p.m. INVOCATION Councilmember Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Hendricks led the Pledge of Allegiance. ROLL CALL meeting of the City Council of the City of Apache Junction, on January 16,1996,at the Apache Junction City Council to the notice required by law. Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hagner Councilmember Hendricks Councilmember Surra Staff Present: Others 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 Public Works Director Doug Dobson Development Services Director Larry Harmer Ruth Rhynard,1265 W.Cactus Wren,Apache Junction Marilyn Huerter,624 N.Ironwood Dr.,Apache Junction Debra Collins,201 E.Southern #43,Apache Junction Jerry Jackson,1843 W.15th Lane,Apache Junction Judy Leeb,2455 E.Tepee,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; THAT WE APPROVE THE SETTLEMENT AGREEMENT AND PAYMENT TO EMPLOYEES OVERTIME AS DISCUSSED IN EXECUTIVE SESSION AND AUTHORIZE THE CITY EXECUTE THE NECESSARY AGREEMENTS;AND MOVED THAT FOR UNPAID MANAGER TO THAT WE RECOGNIZE THE OUTSTANDING SERVICE BY CITY EMPLOYEES TO THE COMMUNITY. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating March 1,2 and 3,1996 as Lost Dutchman Days. CALL TO THE PUBLIC Judy Leeb addressed the council and presented the annual report for Apache Junction Clean and Beautiful. Jerry Jackson addressed the council on behalf of the Apache Villa Homeowners Association and requested that the current animal control regulations remain as is and that enforcement of the current regulations in the area of dog owner responsibility be more strictly enforced. Deborah Collins addressed the council and requested that they reconsider Ordinance No.916 and its setback requirements for mobile home parks. CITY MANAGER'S REPORT City Manager Curtis Shook reported that last Friday the Sierra Entrada sewer district was purchased by the Superstition Mountains district;that at their first meeting in February the council will be presented with a resolution to remove the moratorium for Sierra Entrada and to urge ADEQ to remove the same order,so that people can hook into the sewer district. Mr.Shook informed the council there will be an Economic Development Forum on February 22.He stated this will be to develop some goals and objectives for economic development in the community and he invited the public to attend. Mr.Shook updated the council on the neighborhood meetings.He stated that the meeting at Palm Springs will be on February 13 and the one at Sierra REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 2 OF 14 Entrada will be the last week of this month.He invited anyone from the public who might be interested in having the mayor or council members or staff to attend any of their association meetings to contact him for that. PUBLIC HEARINGS PERSON TRANSFER,SERIES 6,LIQUOR LICENSE APPLICATION FOR SUPERSTITION SKIES RESTAURANT )City Clerk Kathy Connelly briefed the council on this item.She pointed out the six -page report from the Fire District indicating a number of violations found at the location.She concurred with the Fire District's recommendation for denial of this application. Mayor Coleman called upon the applicant to speak to the council. Janet Sandoval,applicant,briefed the council about her business and the application for a liquor license and requested a recommendation for approval. Councilmember Barker asked if the problems listed by the Fire District inspection had been addressed. Ms.Sandoval explained that some of the problems were being addressed. Mayor Coleman asked if the business had been operating during 1994 and 1995. Ms.Sandoval replied yes.She stated that the city's Planning Department had issued a letter of grandfather rights when she submitted documentation to proof that the business had been in operation. Mayor Coleman asked if it had been a licensed business. Ms.Sandoval replied she was not aware of that and stated that the previous owner was obviously conducting business without the proper permits. Councilmember Barker pointed out the electrical hazards listed by the Fire District. Ms.Sandoval replied that the problem has been corrected and permits have been obtained. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 3 OF 14 Councilmember Durbala asked the Development Services Director if those permits had been issued by his office. Mr.Harmer answered he was not aware of any permits being issued for any structural work being done but he does not get involved in that process. Fire Marshal Charles Zenella stated that even though some work had been done the building was not in full compliance with the Fire Code and they would not recommend approval at this point.He reviewed the list of violations and pointed out those which had been corrected and those which had not.He indicated that some remodeling was done by the previous owner and that obviously it had not gone through the building department.He stated that proper exits were a big problem. City Attorney Glenn Gimbut explained that the council's decision tonight was for recommendation only and that approval or disapproval of this license was up to the Liquor Board.He stated that the council's recommendation did not affect whether or not a restaurant will be opened.He explained that if the council voted for disapproval based on the Fire Marshal's recommendation,it would be possible for the applicant, if they are in compliance by the time her license goes to the Liquor Board,to be able to obtain a note from the Fire Marshal indicating that they are now in compliance. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Durbala asked if the council could delay their recommendation. Ms.Connelly answered no,because the city has to respond to the State within a certain number of days.If they delayed this and missed the State's calendar,they would proceed without the council's recommendation. Mr.Gimbut explained that no recommendation could be interpreted by the State as the city not having a problem with it. Councilmember Surra was concerned that their decision tonight would not be addressing the issue of health and safety which needed to be addressed. Ms.Connelly commented that the Fire District regulations have been adopted by reference by the city,so these are the city's regulations as well. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 4 OF 14 Councilmember Surra commented that even if the State approved this application,this business should not open until they are in compliance with proper building codes.She asked what would stop this business from opening. Mr.Harmer replied that even if work is being done on that building and the proper permits have been issued,the building could not be occupied until the work is completed,inspected and finalized by the building inspector. Mr.Gimbut stated there is a difference between 100% compliance with codes and the so called "unsafe structure" which is defined in the Uniform Code for the Abatement for Dangerous Structure,and that a building inspection would determine that condition. Councilmember Barker MOVED THAT APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE,SUBMITTED BY MS. JANET RAE SANDOVAL FOR SUPERSTITION SKIES RESTAURANT,BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS:THAT THE PUBLIC CONVENIENCE DOES NOT REQUIRE AND THE BEST INTEREST OF THE COMMUNITY WILL NOT BE SUBSTANTIALLY SERVED BY THE ISSUANCE OR TRANSFER OF A LIQUOR LICENSE AT THIS LOCATION BASED ON THE SIX PAGES OF FIRE SAFETY CODE VIOLATIONS SUBMITTED BY THE APACHE JUNCTION FIRE DISTRICT DATED JANUARY 4,1996,AND INCORPORATED HEREIN BY REFERENCE. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW LIQUOR LICENSE APPLICATION,SERIES 14, FOR AMVETS POST #2 )City Clerk Kathy Connelly briefed the council on this and stated that staff recommends approval of this application. in favor of their application. Mr.David Little,applicant,spoke Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Hendricks MOVED THAT APPLICATION FOR A NEW LIQUOR LICENSE,SERIES 14,SUBMITTED FOR AMVETS POST #2, REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 5 OF 14 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Richmond SECONDED THE Mayor Coleman recessed the meeting at 7:58 p.m.He reconvened the meeting at 8:10 p.m. PERSON TRANSFER,SERIES 7,LIQUOR LICENSE APPLICATION FOR GOLDEN WEST SQUARE AND NEW LIQUOR LICENSE,SERIES 12,APPLICATION FOR GOLDEN WEST SQUARE ) )City Clerk Kathy Connelly briefed the council on both applications.She stated that according the Dept.of Liquor Licenses and Control regulations,the applicant needs two separate applications for this location;one to operate the bar and one to serve alcoholic beverages in the restaurant. Mayor Coleman called upon the applicant to speak on these items.The applicant was not present. Mayor Coleman opened the public hearing.There being no one wishing to speak on these items,he closed the hearing. Vice Mayor Richmond asked if all businesses that serve alcoholic beverages in their lounge areas have two licenses to carry it into their restaurant area. Ms.Connelly answered that depended on the ownership.If it's under the same owner and they have the appropriate series,they would only need one license.In this case two licenses are necessary. Councilmember Barker MOVED THAT APPLICATION FOR A PERSON TRANSFER,SERIES 7,LIQUOR LICENSE,SUBMITTED FOR GOLDEN WEST SQUARE,BE RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Hendricks SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 6 OF 14 VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT APPLICATION FOR A NEW LIQUOR LICENSE,SERIES 12,SUBMITTED FOR GOLDEN WEST SQUARE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE APPLICATION FOR FILLY'S RESTAURANT AND STABLES )City Clerk Kathy Connelly briefed the council on this item. favor of her application. purpose of the horse arena. Jennine Johnson,applicant,spoke in Councilmember Barker asked about the Ms.Johnson answered that the arena would be used only for special events and that they would be selling beverages out at the arena. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Hagner MOVED THAT APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE,SUBMITTED FOR FILLY'S RESTAURANT AND STABLES,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 7 OF 14 SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE CHAMBER OF COMMERCE FOR LOST DUTCHMAN DAYS IN MARCH 1996 )City Clerk Kathy Connelly briefed the council on this item. Carol Doty,Chamber of Commerce Director,spoke in favor of their application. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker asked if there was a RUI in the code for horse riders. Chief Galloway answered that as long as they stay off the highways it would be fine. Councilmember Surra MOVED THAT THE SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE CHAMBER OF COMMERCE FOR LOST DUTCHMAN DAYS IN MARCH 1996,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR MT.VIEW MOBILE RANCH )City Clerk Kathy Connelly stated that no objections were raised by staff. Mayor Coleman called upon the applicant to speak on this item.The applicant was not present. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Durbala asked if this application included people from outside the park. Ms.Connelly answered it was for the park only. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 8 OF 14 Councilmember Durbala asked if the city would receive any revenue from this bingo license. Ms.Connelly answered no,but the city receives a $5.00 bingo license application fee,which the State allows. Vice Mayor Richmond MOVED THAT BINGO LICENSE APPLICATION SUBMITTED FOR MT.VIEW MOBILE RANCH,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR SANTA FE RV PARK ) )City Clerk Kathy Connelly stated there are no objections raised by staff or the Fire District on this application. Mayor Coleman called upon the applicant to speak on this item.The applicant was not present. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Vice Mayor Richmond MOVED THAT BINGO LICENSE APPLICATION SUBMITTED FOR SANTA FE RV PARK,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.936,AMENDING CITY CODE CHAPTER 8 BUSINESS,ARTICLE 8-4 OPERATION OF BATH HOUSES,MASSAGE PARLORS AND THERAPY CENTERS;AND SECTION 8-5-4 SCHEDULE ) )City Clerk Kathy Connelly stated that this item was discussed by the council at their work session of December REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 9 OF 14 18,1995,and on December 19 they postponed it to allow for additional changes.She further briefed the council on this ordinance. Mayor Coleman asked if there were any licensed massage therapists in the city. Ms.Connelly explained there are some physical therapists who are licensed by the State and who work in medical offices under licensed doctors. Councilmember Surra asked what the ID card that staff was recommending for massage therapists would look like. Ms.Connelly answered that it would probably be like the current peddler identification which includes the individual's name and business address,and there would finger prints made. The ID would be good only for the term of the license and they would have to be issued again with the renewal of the license. hearing. Mayor Coleman opened the public Ms.Marilyn Huerter,624 N.Ironwood Dr.,stated she was a licensed massage therapist in Mesa.She suggested some amendments to this ordinance and asked for clarification on a number of sections. Ms.Ruth Rhynard,1265 W.Cactus Wren,spoke in opposition. Ms.Diane Dodge,5221 S.47 Pl., Phoenix,explained to the council the difference between the Post Secondary School Board of Education and the Arizona State accreditation;one is that the schools reside here in the state and the other is that if you attended school somewhere else,the State would recognize it and accredit it. changes. The council discussed the proposed Mayor Coleman asked if there was anyone else wishing to speak.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker MOVED THAT ORDINANCE NO.936 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 10 OF 14 VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 8 BUSINESS,ARTICLE 8-4 THE OPERATION OF BATH HOUSES,MASSAGE PARLORS AND THERAPY CENTERS AND ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-4 SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Councilmember Barker MOVED THAT ORDINANCE NO.936,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT ALL REFERENCES TO MASSAGE PRACTITIONER BE CHANGED TO MASSAGE THERAPIST;THAT THE PHRASE "ARIZONA POST SECONDARY BOARD OF EDUCATION"BE ADDED TO PAGE 2 UNDER RECOGNIZED SCHOOL OF MASSAGE IN BOTH REFERENCES;THAT THE SECTION ON PAGE 2 REFERRING TO ROLFERS BE DELETED;THAT SECTION 8-4-9,A,BEGINNING WITH THE WORDS "IF THE APPLICANT ABUSES..." AND ENDING WITH THE WORD "...ALCOHOL"BE DELETED;THAT LETTER SECTION 8-4-9,D,BE DELETED;THAT SECTION 8-4-10,B,BEGINNING WITH THE WORD "IF..." AND ENDING WITH THE WORD "...ALCOHOL"BE DELETED;THAT SECTION 8-4-11,C,THE WORD "AND" BE CHANGED TO "OR" AND IN "A" TO ADD THE PHRASE "OR A PROPERLY LICENSED MASSAGE THERAPIST." Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS CONSIDERATION OF PAY ADJUSTMENT FOR PRESIDING MAGISTRATE ) )City Clerk Kathy Connelly stated that in May 1995 the council discussed this item.At that time they decided to postpone action pending completion of the performance evaluation.That has been completed and the council may consider a wage adjustment at this time. She reminded the council that in conjunction with the current budget they did approve a 2% base pay adjustment for merit system employees. Councilmember Barker recommended making the 2% pay adjustment retroactive. Councilmember Surra stated that the 2% pay adjustment was not to be automatic but only if it was acceptable to the council. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 11 OF 14 Councilmember Hendricks spoke in favor of Judge Harris'work performance. Councilmember Surra stated that Judge Harris'performance was as she was required to do under her contract. Councilmember Barker clarified that what they discussed in May 1995 was a 2% COLA and not merit increase. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PAY ADJUSTMENT FOR PRESIDING MAGISTRATE:THAT THE PRESIDING MAGISTRATE BE GIVEN A 2% COLA RETROACTIVE TO JULY 1995. MOTION. VOTE:In Favor: Opposed: The motion carried. NEW BUSINESS Vice Mayor Richmond SECONDED THE Councilmember Barker,Vice Mayor Richmond, Councilmember Hendricks,Councilmember Hagner, Mayor Coleman. Councilmember Surra,Councilmember Durbala. AWARD OF BID PROJECT ENG 95-06,INSTAL- LATION OF VALLEY GUTTERS,CURB RETURNS AND SIDEWALK RAMPS ON MAIN DRIVE )City Engineer Gordon Grandy briefed the council on this item. Councilmember Durbala MOVED TO AWARD BID PROJECT NO.95-06,INSTALLATION OF VALLEY GUTTERS,CURB RETURNS AND SIDEWALK RAMPS ON MAIN DRIVE,TO KRISDAN COMPANY IN THE AMOUNT OF $14,555.00 PLUS 10% FOR UNFORESEEN CHANGE ORDERS. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 12 OF 14 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,FEBRUARY 5,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 6,1996,IN THE CITY COUNCIL CONFERENCE ROOM;AND TO RECONVENE THE EXECUTIVE SESSION OF TODAY. Councilmember Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:25 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of December 19,1995. 3.Approval of Settlement Agreement for Employee Unpaid Overtime Claims. 4.Recognition of outstanding service by city employees to the community. ACCEPTED THIS 6TH DAY OF FEBRUARY ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF FEBRUARY 1996. Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 13 OF 14 ATTEST: 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 16th day of January,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of January,1996. / KATHLE CON1 LLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 16,1996 PAGE 14 OF 14