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HomeMy WebLinkAbout1995-08-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 1,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 1,1995,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 Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hagner Councilmember Hendricks Councilmember Surra 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 Public Works Director Doug Dobson Development Services Director Larry Harmer Planning Manager Jim Nakagawa Parks & Recreation Director Jeff Bell Presiding Judge Alex Harris Others Present:Gary Williams,Mesa Diane Dodge,5221 S.47th Pl.(city not listed) ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 1 OF 11 THAT THE HEALTH AND HUMAN SERVICES PROVIDER CONTRACTS FOR FISCAL YEAR 1995-96 BE APPROVED AS FOLLOWS: Abuse Prevention Council,Inc. Apache Junction Reach Out,Inc. CAHRA,Inc. East Valley Catholic Social Service Salvation Army SMMHC,Inc. $5,000 $7,000 $5,000 $1,083 $21,000 $23,000 THAT RESOLUTION NO.95-18,"DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC ROADWAY PURPOSES DESCRIBED AS SHIPROCK STREET BETWEEN CORTEZ ROAD AND ACACIA ROAD,AS DESCRIBED IN ABANDONMENT CASE AB -95-01,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,"BE APPROVED. THAT BIDS FOR THE FOLLOWING PUBLIC WORKS PROJECTS BE AWARDED TO THE FOLLOWING COMPANIES AND FOR THE AMOUNTS LISTED: SIGN MATERIALS,PW 95-01: 3M for vinyl sheeting in the amount of $5,959.08; ZUMAR Industries for aluminum blanks in the amount of $1,239.50. TIRES,PW 95-02: Treadco,Inc.for steering tires in the amount of $586.14; Western Tire Centers for various tires in the amount of $5,968.26; James Tire Sales for various tires in the amount of $9,193.02; Charlie Case Tires for various tires in the amount of $1,976.88. PAVING MATERIALS,PW-95-03: Mesa Materials,Inc.for 3/8" AC at $23.53 per ton;3/4" AC at $22.95 per ton; and cold mix at $27.69 per ton. SAND AND AGGREGATES,PW 95-04,Cashway Concrete for Spec ABC in the amount of $7.95 per ton. FUEL,PW 95-05,Mesa Fuel Company for #2 diesel at $0.73 per gallon,and unleaded regular at $0.78 per gallon. THAT BIDS FOR STREET STRIPING,PW 95-06,BE REJECTED. WASHED CHIPS,PW-95-07,Cashway Concrete for 3/8" washed chips at $14.25 per ton. CHIP SEAL OILS,PW 95-08,to KOCH Materials Company for CRS -2P applied oil at $0.715 per gallon. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 2 OF 11 THAT WE AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY TO LEASE EQUIPMENT AND OPERATORS FOR VARIOUS PROJECTS;AND THAT BID FOR INSTALLATION OF UNDERGROUND UTILITY CROSSING AT DELAWARE DRIVE AND WEST APACHE TRAIL,ENG 95-04,BE AWARDED TO KLONDYKE,INC.IN THE AMOUNT OF $39,396 PLUS 10% FOR UNFORESEEN CHANGE ORDERS. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Fraternal Order of Eagles #3850 presented a check to Mayor Coleman in the amount of $420.00 to allow economically disadvantaged youth to enjoy the community swimming pool. CALL TO THE PUBLIC Diane Dodge addressed the council and requested that they consider revising the city's massage therapy regulations to allow legitimate therapists to become licensed for an equitable fee. Gary Williams addressed the council regarding plans by Williams Gateway Airport to route their heavy air traffic over Eastern Maricopa County and Apache Junction. CITY MANAGER'S REPORT City Manager Curtis Shook acknowledged police officers Pat Wagner,Randy Betts,and Sergeant Garrett Elkins for their outstanding job in handling a life -threatening situation last June.Chief Galloway briefed the council on the incident. Mr.Shook informed the council about the implementation of a complaint system, which includes forms to be used by the various departments that will be forwarded to his office and then routed to the proper office for personal attention and action.He reported that a new phone system will be in place about the middle of September;that it will include direct phone numbers to the various departments;and that a person will answer the calls.He reported that he started a speakers bureau which consists of speaking to the various civic,fraternal,or social organizations about the different things going on within the city.He informed the council that the Economic Development Specialist position had closed and that hopefully somebody will be hired by Labor Day to begin the neighborhoods program.He commented that many of the REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 3 OF 11 things that the council had desired as far as community outreach are coming into play. PUBLIC HEARINGS RESOLUTION NO.95-15,FINAL ADOPTION OF BUDGET FOR FY 1995-96 )Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker MOVED THAT RESOLUTION NO.95-15,"FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1995,AND ENDING JUNE 30,1996;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1995-1996 AND DECLARING AN EMERGENCY,"BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.931,ADOPTING THE CLASSIFICATION PLAN FOR FY 1995-96 )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.931 WITH THE EMERGENCY CLAUSE 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,AMENDING,REVISING,AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 4 OF 11 Vice Mayor Richmond MOVED THAT ORDINANCE NO.931,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.926,ENCROACHMENT PERMITS, ENGINEERING INSPECTION AND PLAN REVIEW FEES) )City Engineer Gordon Grandy stated that this item was discussed at the work session. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker MOVED THAT ORDINANCE NO.926 BE READ BY TITLE ONLY 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 Barker MOVED THAT ORDINANCE NO.926,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 5 OF 11 RESOLUTION NO.95-19,DECLARING AS PUBLIC RECORD THE ENGINEERING GUIDELINES )City Engineer Gordon Grandy stated that the Engineering Guidelines was formerly called the Development Guide and that other supplementary documents will be presented to the council in the future as they are prepared.He stated that these guidelines go along with Ordinance No.926 which they had just approved. Mayor Coleman opened the public hearing.There being no one wishing to speak on this item,he closed the hearing. Councilmember Barker MOVED THAT RESOLUTION NO.95-19,"DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION ENGINEERING GUIDELINES,"BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.932,ADOPTING BY REFERENCE THE ENGINEERING GUIDELINES )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.932 WITH THE EMERGENCY CLAUSE BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker 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,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION ENGINEERING GUIDELINES AS DECLARED PUBLIC RECORD BY RESOLUTION NO.95-19:REPEALING ANY CONFLICTING PROVISIONS:PROVIDING FOR SEVERABILITY:AND DECLARING AN EMERGENCY." REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 6 OF 11 Councilmember Surra MOVED THAT ORDINANCE NO.932,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.95-20,APPOINTING A HEARING OFFICER AND PROVIDING A METHOD FOR NOTICE TO REAL PROPERTY OWNERS OF THEIR RIGHTS OF APPEAL ) )City Attorney Glenn Gimbut stated this item was discussed at the work session;that passage of this resolution will bring the city into compliance with new state law A.R.S.§ 9-5000.12;and provides direction to staff to prepare the report as required by the State Legislature. Vice Mayor Richmond MOVED THAT RESOLUTION NO.95-20,"APPOINTING A HEARING OFFICER PURSUANT TO A.R.S.SECTION 9-500.12,AND PROVIDING A METHOD FOR NOTICE TO REAL PROPERTY OWNERS OF THEIR RIGHTS OF APPEAL,"BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS AMENDMENTS TO CITY CODE TO ALLOW FOR CERTI- FIED THERAPISTS AND MASSAGE THERAPISTS ) )City Clerk Kathy Connelly stated that there have been other requests for changes to this area besides the one at Call to the Public.She stated her request for direction. Councilmember Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF:THAT AMENDMENTS BE MADE TO THE CITY CODE TO ALLOW FOR CERTIFIED THERAPISTS AND MASSAGE THERAPISTS,AND TO REVIEW REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 7 OF 11 THE AREA OF HOME OCCUPATION USES AT THE SAME TIME,SO THAT THOSE CAN BE INCORPORATED INTO THE SAME ORDINANCE. Councilmember Barker SECONDED THE MOTION. Ms.Connelly clarified that she will bring back recommendations at a future work session. The council asked that this come back as soon as possible. VOTE:Unanimous. The motion carried. URBAN LAKES )Councilmember Durbala stated that information on this was presented at the work session where it was stated that grants would pay for most of an urban lake.He stated he would ask staff to look at the feasibility of the grants,land,and approximate cost involved, and that this be brought back in about six months. Councilmember Surra suggested to look at a park environment where the lake could be incorporated. Councilmember Durbala stated that Planning staff mentioned the possibility of contacting some large property owners who might be interested in donating the land. Councilmember Barker stated there was a list of priority projects and even though this was an interesting idea, staff should not be caught up in this,but provide the information at an appropriate time later on. The council recalled that according to information given at the work session it would take about two years to get started with the grant and about three to four years for this to be done. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DEVELOPMENT OF AN URBAN LAKE IN APACHE JUNCTION:TO CHECK INTO THE FEASIBILITY OF GRANTS,LOCATION AND LANDS,AND COME BACK TO THE CITY COUNCIL WITHIN A SIX-MONTH PERIOD. Councilmember Hagner SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 8 OF 11 The motion carried. AMENDMENTS TO COMMERCIAL ZONING DISTRICTS ) )Planning Manager Jim Nakagawa stated that at the council/staff retreat,the council expressed an interest in tightening up the rules and requirements for commercial outdoor activities. He stated that even though the amendments to the Zoning Ordinance will take some time,staff would like to propose some interim measures. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO COMMERCIAL ZONING DISTRICTS:THAT STAFF DRAFT REQUIREMENTS TO DISALLOW OUTDOOR RETAIL SALES EXCEPT FOR BULKY PRODUCTS SUCH AS AUTOS,LEGITIMATE SWAP MEETS AND OCCASIONAL SIDEWALK SALES;AND THAT THEY ALSO DRAFT REQUIREMENTS FOR WALL SCREENING,LANDSCAPING,STREET IMPROVEMENTS,ETC.,FOR OUTDOOR OPERATIONS. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Surra MOVED THAT A SPECIAL MEETING BE HELD ON MONDAY,AUGUST 7,1995,AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS,FOR THE PURPOSE OF DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO PROVIDE SUBDIVISION FINAL PLAT APPROVALS IN A TIMELY MANNER;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 5,1995,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Hendricks SECONDED THE MOTION. The council discussed the possibility of having other items on the agenda for their special meeting on August 7. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Manager Curtis Shook thanked the council for their direction and support to him and city staff,which have made his transition as city manager easier. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 9 OF 11 City Attorney Glenn Gimbut reported that the U.S.Bankruptcy Court approved the JACO Oil Plan and that the auction sale of Consolidated Water has been set for October 16. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:45 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of July 18,1995. 3.Approval of human services agreements for FY 1995-96. 4.Approval of Resolution No.95-18. 5.Approval of award of annual bids for use in street construction and maintenance by the Public Works Department. 6.Approval of Intergovernmental Agreement with Pinal County to lease equipment and operators for various projects. 7.Approval of bid award for underground utility crossing for Delaware Drive and West Apache Trail,ENG 95-04. ACCEPTED THIS 5TH DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS ATTEST: a KATHLEEN—C City Clerk EL SEPTEMBER , JUNCTION,ARIZONA. 1995,BY THE MAYOR AND CITY 6TH DAY OF SEPTEMBER ,1995. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 10 OF 11 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 1st day of August,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of August,1995. KATHLEEN CONNELLY i City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1995 PAGE 11 OF 11