Loading...
HomeMy WebLinkAbout1995-05-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 2,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 2,1995,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Barker called the meeting to order at 7:00 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Hendricks led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Barker Councilmember Richmond Councilmember Hendricks Councilmember Coleman Councilmember Surra (Mayor Perkins and Councilmember Perkins were absent.) Staff Present:George Hoffman,Interim City Manager 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 Planning Manager Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Bob Mayes,Code Enforcement Officer and Interim Code Enforcement Supervisor/Deputy Zoning Administrator Others Present:Robert Hunter,650 E.Montebello Ave.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 1 OF 14 Midge Conway,902 Junction Mike Alltop,1059 Jim Swanson,5274 John Pein,6326 E S.Ocotillo Dr.,Apache S.Hilton Rd.,Apache Junction E.32nd Ave.,Apache Junction .20th Ave.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilmember Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE APPOINT CAROL URICH AND REAPPOINT ED BARKER TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR TERMS TO EXPIRE JUNE 30,1997,AND JUNE 30,1998, RESPECTIVELY. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Vice Mayor Barker presented pins and certificates to city employees who have completed five and ten years of service. CALL TO THE PUBLIC Mrs.Midge Conway addressed the council regarding problems caused by sewer construction and the inaccessibility of streets. John Pein addressed the council regarding issues involved in certain uses permitted in the general rural zoning district to include stables and kennels. Jim Swanson addressed the council regarding his concerns about possible changes to permitted uses in the general rural zone. Mike Alltop addressed the council regarding his concerns about possible changes to permitted uses in the general rural zone,particularly in the area of conditional use permits for dog kennels. CITY MANAGER'S REPORT Interim City Manager George Hoffman reported to the council that the preliminary count from the Special Census for Apache Junction was 18,374 and that May 9 was the deadline to provide evidence that residents and/or housing units were missed during the count.He stated that this preliminary count was substantially lower than expected and because some of our revenues depend upon this population count,the city has initiated an aggressive campaign.He REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 2 OF 14 stated that 12,000 flyers titled "Were you counted?"have been distributed to city residents and further explained the campaign operation and provided results already obtained.He thanked members of staff for their help and advice in this matter and thanked the people who are involved in this campaign effort. Mr.Hoffman introduced new city employees Larry Harmer,Director of Development Services,and Dennis Dixon,Building Inspector.He commended Jim Nakagawa,Planning Manager,for his management work as Interim Development Services Director. Mr.Hoffman reported that the Library expansion has been opened to the public; that staff is still working on some details that need to be completed by the contractor;and commended staff for their work on this project.He announced that the Public Safety facilities was in operation and an open house is scheduled for May 17. Mr.Hoffman reported that the state Land Department informed the city that the U.S.Congress and Senate passed a bill rescinding all SBA funding which was appropriated for the United States and that the Small Business Administration Pre -Planning Program for 1995 was eliminated.He stated that funding from that had been appropriated last year by the city and it was intended for use in some main street improvements.He added that an application for grant funding regarding trees and forestry service was received and staff was going to check if this was related to that issue. Mr.Hoffman informed the council that a hearing for oral arguments on Consolidated Water bankruptcy was set for June 23 and that the judge could rule that day or shortly after. Mr.Hoffman reported that on May 18 Chief Galloway will be having an organizational meeting with interested parties for the review of the animal control ordinance. Vice Mayor Barker informed the council that by 6:00 p.m.today there were an additional 610 people counted into the Special Census. PUBLIC HEARINGS ORDINANCE NO.926,AMENDING ORD.503, (REGARDING CONSTRUCTION ON RIGHTS -OF -WAY IN RELATION TO CONSTRUCTION OF THE SEWER)) )City Attorney Glenn Gimbut stated that a request for postponement of this item was received from the Community Facilities District and their reasons were that this would interfere with their negotiations with contractors.He added that the Interim City Manager suggested that since staff is intending to do a review of the development ordinances in general,this could be brought back as part of that comprehensive package. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 3 OF 14 Vice Mayor Barker opened the public hearing. Midge Conway,902 S.Ocotillo, addressed the council regarding her problems with construction of the sewer system in the back of her property where there is a dividing wall which the company is refusing to put back up if they take it down. Mr.Grandy stated that this ordinance would not address Mrs.Conway's concerns. Mrs.Conway replied that her understanding is that they can do anything they please. Mr.Gimbut explained that this ordinance addresses the issuance of an encroachment permit and would not address individual situations. Mrs.Conway replied that the problems are with installation of the sewer lines in the easement,because there is no alley,and that this covers three streets,so this is not an individual problem but a major one. City Engineer Gordon Grandy clarified that the problem Mrs.Conway is describing has to do with the easement and not the right-of-way,which belongs to utilities and they can go there and remove walls and are not obligated to put them back up. Mr.Gimbut stated that this is a utility easement and does not fall within this ordinance. Mrs.Conway was concerned that there were gas lines and electricity poles in the easement and it would be dangerous to put the sewer lines in there. Mr.Grandy clarified that this ordinance addressed rights -of -way which involve work on the streets. Mr.Gimbut stated that he would contact Mrs.Conway later for further clarification on this ordinance and find out if some of her concerns could be addressed in here. Robert Hunter,650 E.Montebello, addressed the council about damage to his property due to construction of the sewer and urged the council to enact this ordinance. Mr.Gimbut briefed the council about the problems the city has identified in construction of the sewer and how staff has been working with the district in trying to correct those problems. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 4 OF 14 He explained that the city had limited power and since the sewer system is to the benefit of the community as a whole,they would not want to do more harm than good.He stated that since the implementation of a new testing program at the end of March,both the Public Works Director and the City Engineer have reported a marked improvement in the quality of construction as well as traffic barricading. Mr.Gimbut further stated that prior to that there were 15 miles of construction already done which are still the concern of city staff.He stated that staff has requested a retesting program of that work already done and that this has been agreed to by the city,the city's consulting engineer the district and its professionals.He added that a new laboratory will be involved in the retesting to ensure that this is done right without any possible coverup. Mr.Gimbut further stated there are provisions under MAG standards,which are part of the contractual relation- ships,that mandate reconstruction of the work already done if it is found to be substandard.He added that if this is the case,payment can be withheld from the contractor in terms of any future payments that are due until he corrects the problem. Mr.Gimbut explained that staff is trying to avoid a halt of construction of the sewer in a way that would make the district cancel all of their contracts and renegotiate everyone of them, which will ultimately cost the community.He stated that this ordinance would make it easier for the city to cancel a permit but does not address solutions to the problems. Jerry Jackson,1843 W.15th Lane, asked if the city would be involved in the sewer monthly fee and operation. Mr.Gimbut answered no. Mr.Jackson asked if the money the district takes in will determine the fee for the monthly charge. City Clerk Kathy Connelly answered yes. Mr.Gimbut added that the sewer will determine the overall cost of operation based on the number of subscribers and the volume of sewage that would have to be treated;then they would set a formula that would be applicable to the different type of customers,but they do not have a precise number. Vice Mayor Barker pointed out that the issue being discussed was not part of the agenda. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 5 OF 14 Mrs.Conway commented that staff was concerned with the loss of millions of dollars on this and they should realize how much it would cost the city if one person dies because of the sewer problems. Councilmember Hendricks asked what section or sections of this ordinance bothers the district. Mr.Gimbut answered that i t is not a particular section but the idea of change.He explained that the district is going to discuss some change orders with their contractors and they believe that their contractors would use this ordinance to argue there have been changes in their contractual relationship and therefore they are entitled to more money. Interim City Manager George Hoffman stated that aside from allowing the city to withhold the permit,this ordinance does not buy anything else. Mr.Gimbut advised the council that passage of this ordinance should not legally impact the district other than the fact that the city could revoke the current permit,and the district's concern is that they would have to face legal action from the contractors which could aggravate things. Mr.Hoffman stated that if staff has any problems negotiating with the district,then they would recommend adoption of this ordinance. Councilmember Hendricks asked about the difference between adopting it now and later. Mr.Hoffman answered that the difference is that it may affect the district's ability to negotiate with its contractors,and it does not offer the city anything more than being able to rescind the permit. Councilmember Hendricks replied that right now the city was not getting anything more anyway and there are a lot of complaints about this particular contractor. Mr.Gimbut stated that this ordinance would not allow the city to deal directly with that particular contractor.He added that the city's special counsel on this matter advised that delay does not hurt the city. Councilmember Surra commented that this ordinance should be passed.She MOVED THAT ORDINANCE NO.926 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 6 OF 14 Councilmember Hendricks SECONDED THE MOTION. Mr.Gimbut pointed out that it would require six votes in favor in order for this to pass with the emergency clause. Councilmember Surra MOVED THAT ORDINANCE NO.926 BE READ BY TITLE ONLY,WITHOUT THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks 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,AUTHORIZING ENCROACHMENT PERMITS;PROVIDING FOR THE ESTABLISHMENT OF AN ENGINEERING INSPECTION AND PLAN REVIEW FEE SCHEDULE;CONDITIONS FOR PERMIT; LIABILITY INSURANCE;STANDARDS OF CONSTRUCTION;CONSTRUCTION ASSURANCES FOR PERMITS TO PERFORM WORK IN DEDICATED RIGHTS -OF -WAY AND EASEMENT AREAS; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMIT;PROVIDING FOR APPEAL OF DECISIONS OF ENGINEER;REPEALING ORDINANCE 503 AND ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES." Councilmember Surra MOVED THAT ORDINANCE NO.926,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Hendricks SECONDED THE MOTION. Councilmember Coleman commented that adoption of this ordinance would cause even more problems and suggested postponing this for another month.He stated that steps have been taken to improve the situation,and although there are still problems regardless,they are trying to minimize these and make sure that the work is done in a satisfactory manner. Councilmember Surra disagreed and stated that negotiations between the district and the contractor is a low point and they should not be controlling something that is in the best interest of the city.She added that this is going to be used for all types of construction in the rights -of -way and not just for the installation of the sewer system. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 7 OF 14 Councilmember Hendricks asked if this ordinance would allow the contractor to avoid making repairs to the damage they have done. Mr.Gimbut answered that it could allow them either that or the ability to charge more money,whereas right now they are legally obligated to do that without compensation. Councilmember Hendricks did not understand how the contractor could get away with that. Mr.Gimbut explained that when the district contracted construction of the sewer system they had already secured the encroachment permit from the city.If that changes,the contractor could argue that it changes the basis for the contract that he relied upon when he made his original bid,and that this increases his risk and his cost and therefore is entitled to extra money. Councilmember Surra asked if the city issued permits to the contractor. Mr.Gimbut answered that the city issued the permit to the district. Councilmember Surra asked if this ordinance was enacted the city would then be dealing with the contractors or the district. Mr.Gimbut answered that it could be either way and it depended on how the district wished to address the problem. Councilmember Surra replied that it appears the district did not address the problem soon enough and this keeps prolonging their negligence in dealing with the problem.She asked if the emergency clause could be included later if this ordinance was passed now without it. City Clerk Kathy Connelly answered they needed at least six votes to do that. Mr.Hoffman stated that the council could set up a meeting following the forty-eight hour notice requirement and vote for the emergency clause and then be able to rescind the permit. Councilmember Hendricks suggested to have a meeting with the sewer district within the next two weeks.He withdrew his second on the motion and MOVED THAT THE COUNCIL SCHEDULE A MEETING WITH THE BOARD OF THE SEWER DISTRICT WITHIN THE NEXT TWO WEEKS RELATIVE TO THIS ISSUE,AND POSTPONE THIS ITEM UNTIL MAY 16. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 8 OF 14 Mr.Gimbut suggested that the council discuss at that meeting any and all problems concerning construction of the sewer system. MOTION. VOTE:In Favor: Opposed: The motion carried. OLD BUSINESS PROPOSED CHANGES TO THE Councilmember Richmond SECONDED THE Councilmember Councilmember Councilmember Hendricks,Councilmember Coleman, Richmond,Vice Mayor Barker. Surra. GENERAL RURAL ZONE) )Planning Division Mgr.Jim Nakagawa briefed the council on this item stating they had already discussed this at the work session.He stated that the council wished staff to explore definitions on horse stables be it private or commercial,home occupations, and animals by type and not size.He asked for direction to proceed with this through the zoning amendment process. Councilmember Surra clarified that when an issue is discussed at a work session,it is the intent of the council to clarify questions and explore things in a public manner and it does not mean that the council will enact anything they discuss,and that their questions do not mean they are pro or con but only looking for information. She stated that public input was needed and MOVED THAT THIS MATTER BE SENT TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND INPUT THROUGH THE PUBLIC MEETINGS PROCESS. Councilmember Hendricks SECONDED THE MOTION. Councilmember Coleman asked if that would include only the general rural zoning or if all of the zoning ordinances would be reviewed. Mr.Nakagawa answered they would not be doing the entire zoning ordinance. Councilmember Coleman stated they needed to decide if they valued the rural lifestyle in the low -density areas and how much they did,and what kind of changes they wanted to make.He mentioned that the council discussed at the work session the possibility of placing commercial stables under a conditional use permit,but this would not affect stables in the residential areas and to him that would be inconsistent. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 9 OF 14 Councilmember Surra replied that what they discussed at the work session were suggestions only,and when they get the public's input they may be able to come up with better suggestions. Councilmember Coleman stated that some of the general rural zones are in areas where they would not want them to be,so the zoning may be off and not the uses contained in there. Mr.Nakagawa stated that after their study and review by the commission,staff may be recommending some changes that would affect not only general rural zones but also some of the residential areas. Councilmember Surra commented that during the review of the General Plan the general rural zoning was held high but it is appropriate that the areas that bound one another do not impose on one another's rights and privileges. Vice Mayor Barker asked if staff was clear on what the council wanted them to do. Mr.Nakagawa replied they were not sure about the sections of the zoning code that they needed to change,but at the conclusion of their review they were going to offer several options for the council to consider. Vice Mayor Barker stated that staff is going to review the general rural zone,look at defining areas more specifically,possible codification of trailer parks and their grandfather rights,the possible need to separate commercial from private,and home occupations. VOTE:Unanimous. The motion carried. NEW BUSINESS BID AWARD FOR PROSPECTOR PARK PHASE III -BALLFIELD LIGHTING )Parks and Rec.Director Jeff Bell stated this project was out for bid before and bids were higher than the estimated cost;that in an attempt to reduce the cost staff decided to separate portions of the project and have separate bids.He indicated this is the first portion of the project or Phase I of III. Councilmember Richmond inquired about the estimated cost on this portion. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 10 OF 14 Mr.Bell answered it was close to $125,000. Councilmember Richmond MOVED THAT BID FOR PROSPECTOR PARK PHASE III FOR BALLFIELD LIGHTING BE AWARDED TO SELLERS AND SONS,INC.IN THE AMOUNT OF $111,850.00,AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE THE NECESSARY AGREEMENTS. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.95-09,REQUESTING ADOT TO AUTHORIZE TRANSPORTATION FUNDS )City Clerk Kathy Connelly briefed the council on this item and stated this is an annual request for lottery funds from Arizona Department of Transportation. the share from that. answered that this year was $140,000. Councilmember Coleman inquired about Finance Director Keith Lewis Councilmember Surra MOVED THAT RESOLUTION NO.95-09,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602,ARIZONA REVISED STATUTES,BE APPROVED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Surra MOVED THAT AN EXECUTIVE SESSION FOR THE REQUIRED EVALUATION OF THE PRESIDING MAGISTRATE BE SCHEDULED FOR MAY 15,1995,AT 5:30 P.M.IN THE CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 11 OF 14 Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Surra MOVED THAT A MEETING WITH THE SEWER DISTRICT BE SET FOR 7:00 P.M.ON MAY 8 AT THE PUBLIC SAFETY E.O.C./CONFERENCE ROOM,WITH A POSSIBLE EXECUTIVE SESSION;THAT ON MAY 15 AN EXECUTIVE SESSION BE SET FOR 5:30 P.M.IN THE CITY COUNCIL CONFERENCE ROOM FOR THE CITY MAGISTRATE EVALUATION AND A WORK SESSION FOLLOWING AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON MAY 16,1995,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Clerk Kathy Connelly reminded the council of the CAAG Regional Council meeting on Wednesday,May 3,at 6:00 p.m.at Greyhound Park. Councilmember Surra informed the council that Mr.Hoffman worked until midnight one day last week and stated that he is to be commended for his hard work. Councilmember Coleman informed the council that he and Mayor Perkins attended the Pinal County Town Hall meeting,along with members of staff,and he briefed them on this. Councilmember Richmond informed the council that Sign World has repainted their building and is redoing their parking lot,and that Sandy Smith's business has also being repainted. ADJOURNMENT ) )Vice Mayor Barker adjourned the meeting at 8:44 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of April 18,1995. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 12 OF 14 3.Appointment of Carol Urich and reappointment of Ed Barker to the Health and Human Services Commission for terms to expire June 30,1997 and June 30,1998,respectively. ACCEPTED THIS 16TH DAY OF MAY,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF MAY,1995. ATTEST: k a l l g i g L L City Clerk t t V.,ezpef REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 13 OF 14 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 2nd day of May,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of May,1995. KATHLEEN MTiE City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2,1995 PAGE 14 OF 14