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HomeMy WebLinkAbout1996-02-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 6,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 6,1996,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:15 p.m. INVOCATION Councilmember Hagner gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hagner Councilmember Surra (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 Development Services Director Larry Harmer Planning Manager Jim Nakagawa Finance Director Keith Lewis Mary Ann Coyne,Management Assistant Kate Morris,Associate Planner Others Present:Drusilla Salusky,310 N.Ocotillo Dr.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES AND VOLUNTEERS: Senior Library Assistant Trish Pelletier,Library Staff,and Friends of the Library:Public Works employees Mike Rush and "B"Hoyt and staff:Parks and Recreation workers:Lawrence Chappell,Kevin Maertens,Dennis Stevens,Keith Teater,Kevin England,Richard Harner,James Wall,and staff. THAT WE APPROVE CONTRACT EXTENSION FOR LEGAL SERVICES WITH IACOVINO & KAYLOR FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $5,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT EXTENSION:AND THAT WE AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH INDEPENDENT RISK & INSURANCE MANAGEMENT SERVICES,INC.FOR EMPLOYEE BENEFIT AND RISK MANAGEMENT CONSULTANT SERVICES FOR AN AMOUNT NOT TO EXCEED $13,500.00. MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager Curtis Shook and Fester CPA's to brief statement for FY 1994-95. Councilmember Hagner SECONDED THE introduced Mr.Larry Fester,CPA,of Starkweather the council on the city's audited financial Mr.Larry Fester gave a presentation on the city's annual financial statements for FY 1994-95. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 2 OF 12 REHEARING OF APPLICATION FOR LIQUOR LICENSE FOR SUPERSTITION SKIES RESTAURANT )City Clerk Kathy Connelly stated that on January 16,based on information received by the Fire District,the council voted unanimously to recommend denial of this liquor license application:that Ms.Sandoval requested the council's reconsideration of this item and on January 29 they agreed to do that and selected this date for a rehearing of the case.Mrs.Connelly stated that in the packet there were letters from the Fire District indicating that all the problems have been resolved and they recommend approval of this application. Ms.Sandoval,applicant,requested the council to reconsider their decision from January 16. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Durbala MOVED THAT WE RESCIND OUR PRIOR RECOMMENDATION FOR DENIAL OF THE APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE,SUBMITTED FOR SUPERSTITION SKIES RESTAURANT,AND THAT WE RECOMMENDED APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL,BASED ON THE FOLLOWING INFORMATION:THE NEW REPORTS FROM THE APACHE JUNCTION FIRE DISTRICT INSPECTIONS AND THE COUNTY HEALTH DEPARTMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR DESERT QUEEN T.T.PARK )City Clerk Kathy Connelly stated that the Department of Public Safety was recommending denial of this application,however,in checking further with the State they said that this particular group does not need to be a qualified organization because of the type of license they are applying for. Ms.Drusilla Salusky,applicant, requested approval of her application. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 3 OF 12 Vice Mayor Richmond MOVED THAT BINGO LICENSE APPLICATION SUBMITTED FOR DESERT QUEEN TRAVEL TRAILER PARK,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. LIQUOR LICENSE APPLICATION FOR APACHE PARK 'N SWAP )City Clerk Kathy Connelly stated that the named individuals for this liquor license were changing and under State law they are required to go through a reapplication process;that there were no negative reports received on this license and staff recommends approval. Mr.Michael Sleesman,spokesman for the applicant,stated that this was a change in companies from Arizona Sportservice,Inc.to American Park 'N Swap,Inc. 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,BEER AND WINE,LIQUOR LICENSE,SUBMITTED FOR APACHE PARK 'N SWAP,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.941,FEES FOR CRIMINAL HISTORY BACKGROUND CHECKS )City Manager Curtis Shook stated that based on discussion at the work session he would request that these two items be postponed for the work session of March 3 (March 4)and regular meeting of March 4 (March 5)for the purpose of getting sufficient information. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 4 OF 12 Councilmember Durbala MOVED TO TAKE ITEMS 12 AND 13 OFF OF THE AGENDA AND BRING THEM BACK TO THE WORK SESSION OF MARCH 3 (MARCH 4)AND REGULAR MEETING OF MARCH 4 (MARCH 5). Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.942,CHANGE IN SPEED LIMIT ON BULLDOG MINE ROAD )City Manager Curtis Shook stated that this ordinance was requested by the county for the purpose of dust control in conformance with MAG standards. City Engineer Gordon Grandy explained that this area was annexed by the city in 1991 and that about the same time the city was sending to EPA (Environmental Protection Agency)a PM -10 or Small Particulate Matter plan on how the city and Pinal County intended to reduce air pollution and dust and they promised that some of the dirt roads would be posted at 25 mph.However,about a year later the speed limit on Bulldog Mine Road was established at 45 mph and now that needs to be changed to 25 mph in order to conform with the PM -10 plan. 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 ORDINANCE NO.942 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Magner SECONDED THE MOTION. 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,ESTABLISHING THE SPEED LIMIT ON LOCAL AND COLLECTOR STREETS; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Richmond MOVED THAT ORDINANCE NO.942,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 5 OF 12 Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.943,BUILDING SECURITY STANDARDS (WITH THE EMERGENCY CLAUSE) )City Attorney Glenn Gimbut stated this was a project worked upon by Police Chief Robert Galloway,Building Official Dennis Dixon,Development Services Director Larry Harmer and him and recommended approval.He stated this ordinance included the emergency clause so that i t is in place for the new subdivisions that are underway. Police Chief Galloway stated this ordinance would require additional security hardware on new construction of residential units. City Manager Curtis Shook added that these requirements are becoming state-of-the-art and common for new construction and it is protection at a very low cost to the home owners.He stated that the city consulted with developers of the several new subdivisions getting ready to be built and they responded that those requirements are now standard and that they benefit from them as well. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Surra MOVED THAT ORDINANCE NO.943,WITH THE EMERGENCY CLAUSE,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hagner SECONDED THE MOTION. 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 7 BUILDING BY ADDING ARTICLE 7-5,BUILDING SECURITY STANDARDS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY." Councilmember Surra MOVED THAT ORDINANCE NO.943,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 6 OF 12 Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.96-01,ABANDONMENT CASE NO.95-03 (OFFENBERG,SCHIFFER,WILSON, HOLMES AND HOUSTON) )City Engineer Gordon Grandy recommended that this item be postponed until the next meeting due to some errors in the resolution having to do with the exchange of rights -of -way.He explained that the abandonment exchange for federally patented easements to be converted to dedicated rights -of -way was not being a part of this resolution and it has not been in past abandonment resolutions,but the City Attorney has advised staff that this be corrected starting with this abandonment case and they need time to do that. Mayor Coleman opened the public hearing. Mr. S.Wickiup,requested approval of their appli Mr. Wickiup,requested approval of their applicat Mr. S.Wickiup,requested approval of their appli Mr. stated they were not informed about this. Duane Offenberg,applicant,1030 cation. Bill Wilson,applicant,1130 S. ion. Fred Schiffer,applicant,1070 cation. Val Holindrake,960 S.Wickiup, City Attorney Glenn Gimbut stated that his understanding was that the abandonment was conditioned upon an exchange of right-of-way nearby;that Arizona Revised Statutes allow for a right-of-way to be exchanged for other right-of-way;and that this is what staff is proposing and what it was processed through the Transportation Board; but the form of this resolution does not provide for that exchange and it needs to be included. Mr.Grandy explained that when this application was first submitted to the Engineering Department,he reviewed the T -shape of 10th Avenue and Raindance;he then sent a letter to all the applicants indicating he would not support 10th Avenue and that the exchange or right-of-way of whatever they would abandon would be exchanged for the other dedications that were on the perimeter;that in that same letter he asked the applicants if,with those conditions,they wished to withdraw their REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 7 OF 12 application and get a refund for their money,but they chose to proceed and take their chances.He clarified that the exchange has been here since day one and that the application form states that there may be an exchange of right-of-way needed. Councilmember Surra asked why that was not already done. Mr.Grandy explained that it has not been done in the past but the City Attorney advised staff to correct that now and address it in future resolutions. Councilmember Surra asked staff how they have addressed that right-of-way exchange in the past. Mr.Grandy answered that they made it a condition that the resolution for abandonment would not be recorded until such time as the other paperwork was signed by the property owners;when that was provided to the city it was taken along with the resolution for recording. Councilmember Surra asked staff what was holding them from doing that this time. Mr.Gimbut explained that this resolution did not include a condition and if council approved it,anybody could walk in the City Clerk's office and ask for a certified copy and go and record it.He stated that the holdup on the part of staff for recording this resolution was not a significant legal act but it would be if council adopt it;therefore,the conditions need to be stated in the resolution. Councilmember Barker asked if staff knew about the holdup of this item prior to tonight. Mr.Gimbut explained that he did not know about the legalities involved until the work session last night. Mr.Grandy clarified he did not know about it until just before the meeting. Councilmember Barker MOVED THAT THIS ITEM BE HELD UNTIL THE FEBRUARY 20 MEETING. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 8 OF 12 Mayor Coleman recessed the meeting at 8:00 p.m.to allow time for citizens who wanted further clarification of this item to speak with the City Attorney. Mayor Coleman reconvened the meeting at 8:10 p.m. OLD BUSINESS None. NEW BUSINESS FINAL PLANNED DEVELOPMENT FOR FOUR -SONS CONVENIENCE STORE (PZ-95-03)) )Development Services Director Larry Harmer stated that this was the final step as far as formal action by the City Council prior to the issuance of the building permits for Four Sons. He stated they are in the final plan check process and that there are minor corrections that needed to be made. Planning Manager Jim Nakagawa explained that the corrections needed had been made just prior to this meeting;that the City Engineer already looked at those corrections and they satisfy his concerns;and that the driveway issue has been resolved,the zoning stipulations have been met,and the building code comments are minor and can be taken care of in the field.He recommended approval of this item. Mr.Ray Downs spoke on behalf of Four Sons and highly commended City Engineer Gordon Grandy,Development Services Director Larry Harmer,and Planning Manager Jim Nakagawa for their assistance in this project. The council acknowledged that commendation. Councilmember Barker MOVED THAT FINAL PLANNED DEVELOPMENT APPROVAL BE GRANTED TO FOUR SONS CONVENIENCE STORE PROVIDED THAT ALL OF THE ZONING,BUILDING,ENGINEERING,HEALTH,AND FIRE CODE DEFICIENCIES ARE CORRECTED BY FEBRUARY 6,1996. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 9 OF 12 RESOLUTION NO.96-03,REMOVING AND ENDING A BUILDING MORATORIUM FOR THE SIERRA ENTRADA SUBDIVISION )City Manager Curtis Shook briefed the council on this item and recommended approval. Councilmember Barker MOVED THAT RESOLUTION NO.96-03,"LIFTING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR BUILDING AND CONSTRUCTION IN THE SIERRA ENTRADA CERTIFICATED AREA CONDITIONED UPON CONNECTION TO SEWER SERVICE PROVIDED BY SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1"BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS CITY MANAGER'S CONTRACT )Councilmember Barker MOVED THAT STAFF BE DIRECTED TO MAKE THE FOLLOWING AMENDMENTS TO THE CITY MANAGER'S CONTRACT: 1)THAT THE CITY PROVIDE A DEFERRED COMPENSATION PROGRAM THROUGH ICMA WITH A CONTRIBUTION OF 3% OF HIS CURRENT SALARY. 2)THAT THE CITY PROVIDE AN ADDITIONAL WEEK OF VACATION (5 DAYS)EFFECTIVE WITH THE BEGINNING OF NEXT FISCAL YEAR; 3)THAT THE DEFERRED COMPENSATION BE EFFECTIVE IMMEDIATELY; 4)AND THAT THE MAYOR IS AUTHORIZED TO EXECUTE THE AMENDED CONTRACT. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. The council commended City Manager Curtis Shook for his work in the last six months. SELECTION OF MEETING DATES.TIMES,LOCATIONS.AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 10 OF 12 Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON TUESDAY,FEBRUARY 20,1996,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD IN THE CITY COUNCIL CONFERENCE ROOM ON FEBRUARY 12,1996,AT 6:30 P.M.FOR PURPOSES OF PERSONNEL DISCUSSION. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. 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 the special meeting of January 9,1996. 3.Acceptance of the minutes of the regular meeting of January 16,1996. 4.Acceptance of the minutes of the special meeting of January 29,1996. 5.Recognition of outstanding service by city employees/volunteers to the community. 6.Approval of extension of contract for legal services with Iacovino and Kaylor for Mark Iacovino as special prosecutor for State v.Robert and Shirley Camboni. 7.Authorization for City Manager to negotiate and enter into an agreement for employee benefit and risk management consultant services with Independent Risk and Insurance Management Services,Inc. ACCEPTED THIS 20TH DAY OF FEBRUARY ,1996,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 26TH DAY OF FEBRUARY ,1996. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 11 OF 12 ATTEST: KATREEN-CONNE City Clerk DOUGLAS /COLEMAN 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 6th day of February,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of February,1996. / r I f -II I I I City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6,1996 PAGE 12 OF 12