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HomeMy WebLinkAbout1995-07-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 18,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 18,1995,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 Vice Mayor Richmond Councilmember Durbala Councilmember Hagner Councilmember Hendricks Councilmember Surra Staff Present: Others Present: (Councilmember Barker was absent.) 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 Library Director Pam Loui Parks & Recreation Director Jeff Bell Presiding Judge Alex Harris Dale Nagle and Boyd Leatherman,1716 N.Apache Dr.,Apache Junction Sandie Smith,Pinal County Supervisor Claude M.Tyer,1587 S.Grand Dr.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 1 OF 13 ACCEPTANCE OF CONSENT AGENDA )Councilmember Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;THAT THE INTERGOVERNMENTAL AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT RENEWING THE SCHOOL SAFETY PROGRAM BE APPROVED;AND THAT PUBLIC WORKS DIRECTOR DOUG DOBSON, EVIDENCE TECHNICIAN KAREN GWALTNEY,POLICE OFFICER HOWARD WILLIAMS AND POLICE SERGEANTS STEVE GREB AND ROBERT HAYWOOD,BE RECOGNIZED FOR THEIR OUTSTANDING SERVICE TO THE COMMUNITY. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Boyd Leatherman and Dale Nagle,representing Apache Junction Little League, presented a plaque to Jeff Bell of Parks and Recreation for their work on behalf of Little League. Sandie Smith addressed the council regarding Adult Foster Care programs.She complimented John Flumerfelt and John Petroff for their extra efforts on behalf of the program and thanked Larry Harmer for his assistance with sign code compliance. Claude Tyer addressed the council regarding problems encountered with the sewer system and asked for the council's position on the sewer system.He asked for a response on whether or not the council will be taking over the sewer system and how will it be funded. CITY MANAGER'S REPORT Acting City Manager George Hoffman reported that the bid opening for the landscaping and water retention basin for the Public Safety facility would be August 16.He reported that Parks and Recreations has been successful with the teen nights program,which is being done with the crime -reduction grant they obtained.He introduced Mr.Don McNamara who wished to speak to the council. Mr.McNamara of the Chamber of Commerce updated the council on the status of the FY 1994-95 Short -Term Economic Development contract and returned to the city a check for $19,247 for funds unspent under the contract. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 2 OF 13 PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER LIQUOR LICENSE FOR LUCKY BOB'S I I )City Clerk Kathy Connelly stated this was a routine request for a change of ownership;that input from the Department of Public Safety and the Building Division has been received and that they do not have any problems with this application. Mayor Coleman asked if the applicant or a spokesperson was present and wished to address the council.There was none.He opened the public hearing.There being no one wishing to speak,he closed the hearing. Councilmember Hendricks MOVED THAT THE APPLICATION FOR A PERSON TRANSFER LIQUOR LICENSE,SERIES 9,SUBMITTED BY MRS.TRUONG FOR LUCKY BOB'S II,BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.930,PZ-95-03,REZONING REQUEST BY JOHN SLENTZ AND RAY DOWNS )Planning Manager Jim Nakagawa stated the developer was not able to submit the plans in time for the Planning and Zoning Commission's review.He asked to continue this item to the September 5 meeting. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Hendricks MOVED THAT PROPOSED ORDINANCE NO.930,PZ-95-03,REZONING APPLICATION BY JOHN SLENTZ AND RAY DOWNS,BE POSTPONED TO THE CITY COUNCIL MEETING OF SEPTEMBER 5,1995. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 3 OF 13 ORDINANCE NO.929,ANNEXING GOLDEN VISTA R.V.RESORT AND ADJACENT TERRITORY )City Attorney Glenn Gimbut explained the long process it has taken for this to be accomplished.He pointed out some typographical errors in the ordinance that would be corrected,and stated that after approval it would take thirty days for this ordinance to become effective. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Surra acknowledged that in this case the residents of the area to be annexed approached the city and stated that council should favor it. Councilmember Durbala MOVED THAT ORDINANCE NO.929 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Surra 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,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION:ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilmember Durbala MOVED THAT ORDINANCE NO.929,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 4 OF 13 NEW BUSINESS CONSIDERATION OF SEWER SERVICE EXTENSION TO PROPERTIES WITHIN CITY LIMITS;RECON- SIDERATION OF COUNCIL POLICY ON PROVISION OF SEWER SERVICE OUTSIDE CITY LIMITS )City Attorney Glenn Gimbut stated that Superstition Mountains Comu4nity Facilities District No.1 has received requests for sewer service fro operties within the city limits,and that according to procedures the council will have to grant permission for that. He explained that the council's policy regarding areas outside the city limits that wish sewer service is that they submit a petition for annexation to the city.He stated that the district has also received requests for sewer service from properties outside the city and the process for annexation is presently underway. Mr.Gimbut explained that in future requests there might be the problem that some of the outside areas may not be annexable to the city at that time,and so there was the need for an amendment pertaining to that.He recommended the amendment that "when and if the district should ever run into that problem,they are encouraged to work with city staff to find options that would make that land annexable to city limits." Mr.Gimbut stated that another change in the policies would address the case where a property owner would like to annex only the piece of property that he would like the sewer service for but not the other.He recommended the policy whereby if you own contiguous land,you annex it in also. Councilmember Surra asked staff how far they were into the annexation process. Development Services Director Larry Harmer answered that annexation petitions have not been signed yet because the request was done about a couple of weeks ago;that staff is in the process of mapping the locations to determine the best contiguous packages;that i t is possible that some of these parcels will not be able to be annexed because staff is not being able to put together a configuration that would include them.He added that staff is also working on a list of properties from a year ago that indicated an interest in annexation and that between the two requests staff may be able to package some substantial parcels for annexation in about two to three weeks. Councilmember Surra asked if the council had to decide on that tonight. Mr.Gimbut answered they did not have to decide on the parcels that Mr.Harmer just mentioned. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 5 OF 13 clarification on from the council and he indicated Councilmember Surra asked for the council's policies for annexation. Mr.Gimbut answered that the minutes meeting of August 2,1994,were included in the agenda packet the pages where the policies were stated. Councilmember Surra stated that the policies from that time state that in order to have sewer service,they had to sign an agreement stating that whenever annexation was possible for their area,they would support that,and that it was clear. Mr.Gimbut explained that the understanding at that time was that people would sign the agreement if their land was not presently able to be annexed;but if their land was annexable, then it should be done.He stated that district staff thought that all they had to do was sign a contract stating that they would sign an agreement with the city in the future and that needs to be clarified. Councilmember Surra asked how that would affect properties like the museum that was outside the district and not in an area that was going to be immediately annexable. Mr.Gimbut answered this would not affect that area because they have not requested sewer service,but when they do,it will be brought up to the council,and cases like that will be dealt with on a case -by -case basis as it comes. Councilmember Durbala asked if the museum wanted to hook to the sewer,they must first be annexed to the city before they can even start the process. Mr.Gimbut answered that would be the case unless the council decides differently and that i t is the council's option to change the proposed motion. Councilmember Surra MOVED THAT APPROVAL BE GIVEN TO THE EXTENSION OF THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT BOUNDARIES TO INCLUDE THOSE PROPERTIES LISTED ON EXHIBIT A OF THE ATTACHMENTS WHICH ARE CONTAINED WITHIN THE INCORPORATED LIMITS OF THE CITY OF APACHE JUNCTION. Councilmember Hendricks SECONDED THE MOTION. Mayor Coleman AMENDED THE MOTION TO INCLUDE THAT THE POLICY OF THE CITY COUNCIL REGARDING PERMISSION FOR THE PROVISION OF SEWER SERVICE OUTSIDE OF THE BOUNDARIES OF THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT AND THE MUNICIPAL BOUNDARIES OF THE REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 6 OF 13 CITY OF APACHE JUNCTION,AS STATED AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 2,1994,BE CLARIFIED AND AMENDED TO BE AS FOLLOWS: THAT PERMISSION TO EXTEND SEWER SERVICES TO THOSE AREAS OUTSIDE OF MUNICIPAL BOUNDARIES BE CONDITIONED UPON THE AREAS BEING ANNEXABLE TO THE CITY OF APACHE JUNCTION; THAT PRIOR TO PERMISSION BEING GIVEN BY THE CITY FOR THE EXTENSION AND PROVISION OF SEWER SERVICE,AN ANNEXATION PETITION PREPARED BY CITY STAFF WILL BE PROPERLY EXECUTED BY THE PROPERTY OWNERS; THAT ALL CONTIGUOUS LANDS OWNED OR CONTROLLED BY THE PROPERTY OWNER(S)SEEKING SERVICE WILL BE JOINED AND MADE A PART OF THE ANNEXATION PETITION; THAT FOR THOSE PROPERTIES NOT PRESENTLY ANNEXABLE TO THE MUNICIPAL LIMITS,NO PRESENT PERMISSION FOR SEWER SERVICE IS GIVEN BY THE CITY.HOWEVER,THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT IS ENCOURAGED TO HELP FACILITATE DISCUSSIONS WITH CITY STAFF REGARDING CREATING CONDITIONS WHICH WOULD ALLOW ANNEXATION SO THAT PERMISSION FOR SEWER SERVICE MAY BE GIVEN BY COUNCIL AT A FUTURE DATE; AND THAT CONTRACTED SEWER SERVICE BE DENIED FOR THOSE PROPERTIES NOT LOCATED WITHIN THE MUNICIPAL CITY LIMITS FOR APACHE JUNCTION OR FOR THOSE PROPERTIES WHICH DO NOT FULFILL THE CONDITIONS FOR ANNEXATION TO THE CITY AS PROVIDED BY THIS MOTION. AMENDMENT. VOTE ON THE AMENDMENT:In favor: Councilmember Hagner SECONDED THE Councilmember Hendricks, Councilmember Durbala,Councilmember Hagner,Vice Mayor Richmond,Mayor Coleman. Opposed:Councilmember Surra. VOTE ON THE ORIGINAL MOTION:Councilmember Surra,Councilmember Durbala,Vice Mayor Richmond,Councilmember Hagner, Councilmember Hendricks,Mayor Coleman. The motion carried with the amendment. BID AWARD FOR PROJECT NO.PR -95-02, PROSPECTOR PARK PHASE III, RESTROOM BUILDING )Parks and Rec.Director Jeff Bell briefed the council on the bid results for this project and made his recommendation. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 7 OF 13 City Clerk Kathy Connelly stated that the City Attorney recommended the inclusion of change orders in the proposed motion. Mr.Bell explained that the change orders refer to work that will be done in house which would save about $25,000.He added that the restrooms will comply with ADA standards. Councilmember Hendricks commented that the bid cost for these restrooms was too high. Mr.Bell replied that all bids submitted were as high.He explained that they looked at various options to bring the cost down,but it would not make a big difference. Councilmember Hagner asked if there were any local builders interested in this project. Mr.Bell explained that after nobody bid on this the first time,he contacted two local builders;one of them was not interested and the other was late with their bid,which was very close to this cost proposal. Councilmember Hendricks MOVED THAT BID FOR PROJECT NO.PR -95-02,PROSPECTOR PARK PHASE II,RESTROOM BUILDING,BE AWARDED TO CONSTRUX CONSTRUCTION IN THE AMOUNT NOT TO EXCEED $145,890 LESS ANY COSTS ASSOCIATED WITH CHANGE ORDERS FOR ANY WORK DONE DIRECTLY BY THE CITY. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman recessed the meeting at 7:50 p.m.He reconvened the meeting at 8:12 p.m. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS PINAL COUNTY AIR QUALITY REGULATIONS )City Engineer Gordon Grandy stated that the council had heard this item at the work session and offered to answer their questions.He stated County Supervisor Smith was present in case the council wished additional information. Councilmember Durbala asked if our regulations would be more stringent than those of the federal and state goverments. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 8 OF 13 Mr.Grandy answered they already are more stringent because we are within the Maricopa County and Pinal County portions. the eight -mile buffer option. Councilmember Durbala inquired about Mr.Grandy answered that was an option that was proposed by the county as a compromise to what Casa Grande wants and possibly what Apache Junction wants. Councilmember Durbala asked what was the staff's recommendation on this. Mr.Grandy answered that staff was not offering a recommendation at this time. Development Services Director Larry Harmer explained how Apache Junction is affected by the close proximity with Maricopa County,which has the 40#115# ruling,although that has changed from moderate to serious.He suggested the option to petition the Department of Environmental Quality to leave Apache Junction outside the Phoenix metro area as far as the non -attainment areas and try not to compromise our position regarding air pollutants.He explained that an alternative to make a modification to the rule would be to allow for the review of proposed industrial business on a case -by -case basis. Mr.Harmer also explained that the eight -mile buffer was an option should Pinal County choose to eliminate the 40/15# rule,and it would run from the Maricopa County line to include Apache Junction up to the limits of the National Forest and down to Queen Creek,i f they wished to be included.He added that the rules for vehicle emission control testing would also apply in the buffer zone,and so the same type of business allowed on the west side of Meridian could also be allowed there. Councilmember Durbala asked what the modified rule was. County Supervisor Smith offered to answer that.She briefed the council on the concerns that she raised during deliberations of the board on this issue,which are that Apache Junction is so close to Maricopa County.She stated that the eight -mile buffer zone was the result of addressing her concerns and that this would give Apache Junction more control.She explained that the state and the federal governments are trying to come up with something that is more manageable than the 40/15# rule and that probably the modified rule would be better for the city.She added that she wanted the city's input on the eight -mile buffer and that is why this has been put on the council agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 9 OF 13 Mr.Harmer stated that neither the council's action nor the county's would be final,but it would have to go through all the other channels,and it would probably be about a year or more before a decision is made on this by the federal government. Supervisor Smith stated that the non -attainment area will be addressed later and explained that Pinal County and especially Apache Junction should not be included in that. City Attorney Glenn Gimbut clarified that this item included the request by Apache Junction to be deleted from the non -attainment area. Mayor Coleman asked that if the case -by -case review of industrial businesses meant the keeping of the 40#/15# rule but modifying it. Supervisor Smith answered yes and explained that the modification would allow them more control. Councilmember Surra asked if the modified version will leave the 40#/15# rule in place and provide for exceptions. Supervisor Smith confirmed that and explained that the requirements can be specified in the business permit. further clarification. exceptions could be applied. Councilmember Surra asked for Supervisor Smith explained how the Councilmember Surra MOVED THAT STAFF BE DIRECTED TO PREPARE A LETTER TO PINAL COUNTY SUPERVISOR SANDIE SMITH STATING THE CITY'S POSITION REGARDING PINAL COUNTY AIR QUALITY REGULATIONS, AND THAT THE CITY'S POSITION BE 1)TO ASK THAT WE BE REMOVED FROM THE NON- ATTAINMENT AREA OF M.A.G.AND 2)THAT WE REQUEST THE RETENTION OF THE 40#/15# RULE ALLOWING MODIFIED PERMIT CRITERIA BASED ON FLEXIBILITY AND FAIRNESS. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 10 OF 13 DISPOSITION OF STATE TRUST LANDS )Mayor Coleman presented a resolution to be proposed to the League of Cities and Towns for consideration to adopt this as part of their legislative program.He then asked Mr.Harmer to brief the council on this item. Development Services Director Larry Harmer explained how the Arizona State Land Department and the Commissioner have the responsibility to decide on development of state lands around and within communities.He stated that the pressure on development throughout the state and on state lands has increased dramatically.He further explained the disadvantages of having the State Land Department and the Commissioner decide on the land use that might affect the land use fabric of communities.He stated there is a massive chain of state land extending to the south of the city and that this resolution proposes to give communities the responsibility to decide on their own destiny when it comes to development. Councilmember Surra asked if other cities were doing this. Mr.Harmer answered that we would be the sponsoring community that would take this to the League of Cities for endorsement. City Clerk Kathy Connelly stated that this resolution would be sent to the League of Cities and that the Resolution Committee,sometime in August,will have the opportunity to look at all of the resolutions that will have been submitted by other cities.She explained that this policy will eventually be introduced as legislature. Pinal County Supervisor Sandie Smith stated that they have a committee working on the State Land Use.She explained how 130 acres were traded without the knowledge of county officials or the people.She stated they are working through the Association of Counties to sponsor legislature that would require at the initial contact for sale of state land that people be notified. Councilmember Surra MOVED THAT STAFF BE DIRECTED TO DRAFT THE APPROPRIATE DOCUMENTS SUPPORTING LEGISLATION REQUIRING THE ARIZONA STATE LAND DEPARTMENT TO INVOLVE LOCAL JURISDICTIONS IN THEIR PLANNING,LEASE AND SALES PROCESSES FOR STATE LAND LOCATED IN OR WITHIN THREE MILES OF THE LOCAL JURISDICTIONS'BOUNDARIES,AND THAT THESE DOCUMENTS BE SUBMITTED TO THE RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS FOR CONSIDERATION IN THE MUNICIPAL POLICY STATEMENT FOR THIS YEAR. MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 11 OF 13 Councilmember Hendricks SECONDED THE The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Vice Mayor Richmond MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 31,1995,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,AUGUST 1,1995,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Surra reported that she and Councilmember Barker attended the Arizona Town Hall for an education report. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:45 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of June 6,1995. 3.Acceptance of the minutes of the regular meeting of June 20,1995. 4.Approval of IGA with Apache Junction Unified School District #43 to renew the School Safety Program. 5.Recognition of outstanding service by city employees to the city and/or community. ACCEPTED THIS 1ST DAY OF AUGUST ,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF AUGUST ,1995. REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 12 OF 13 ATTEST: City Clerk DOUGLAS Mayor CITY COUNCIL MINUTES CERTIFICATION °LEMAN " 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 18th day of July,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of July,1995. KATHLEEN GOMEL City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 18,1995 PAGE 13 OF 13