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HomeMy WebLinkAbout1995-02-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 7,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 7,1995,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:12 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Richmond led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present: Others Present: Interim City Manager George Hoffman City Attorney Glenn Gimbut Assistant City Manager George Hoffman Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Management Asst.Mary Ann Coyne Capt.Dan Scott Detectives Aide Suzanne Whitten William Cams,628 E.10th Ave.,Apache Junction Inus Holt,1003 S.Lawther,Apache Junction Grazia Orr,1508 S.Grand Dr.,Apache Junction Midge Conway,902 S.Ocotillo,Apache Junction ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; TO APPROVE CONTINUATION OF THE BAD CHECK PROGRAM; TO APPROVE INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION UNIFIED DISTRICT, INC.FOR THE IMPLEMENTATION OF A SCHOOL SAFETY PROGRAM AND TO AUTHORIZE THE ADDITION OF TWO POLICE OFFICERS IN THE PUBLIC SAFETY DEPARTMENT TO BE FUNDED BY THE STATE LEGISLATURE'S JOINT COMMITTEE ON SCHOOL SAFETY; TO APPROVE RESOLUTION NO.95-02,PROVIDING NOTICE OF THE REGULAR PRIMARY ELECTION;ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION;AND TO MOVE THE CITY ATTORNEY EMPLOYMENT AGREEMENT OUT OF CONSENT AGENDA TO FOLLOW THE CITY MANAGER'S REPORT. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented a proclamation declaring February 21,1995,as "Special Census Day"in conjunction with a presentation and discussion on the February Special Census by Gary Yuva of Pinal County. CALL TO THE PUBLIC Mr.William Cams spoke positively of City Attorney Glenn Gimbut. Mrs.Inus Holt asked that the City Council rezone her property to allow for a beauty shop. Mrs.Grazia Orr supported Ms.Holt's request. Mrs.Midge Conway supported Ms.Holt's request. Mr.William Cams spoke about the plaque for the Public Safety Building and encouraged that it be dedicated to the citizens of Apache Junction. CITY MANAGER'S REPORT The Interim City Manager reported on the City's finances;indicated Golden Vista annexation is on schedule;encouraged the City Council to view the Casa Blanca Medical Clinic;and provided an update on the Library,Public Safety,Prospector Park,and Rodeo Grounds projects. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 2 OF 15 CITY ATTORNEY'S CONTRACT AGREEMENT )Interim City Manager George Hoffman briefed the council on this item. Councilwoman Surra MOVEDTOAPPROVETHE CITY ATTORNEY'S EMPLOYMENT AGREEMENT AS PRESENTED. VOTE:In favor: Opposed: PUBLIC HEARINGS Vice Mayor Barker SECONDED THE MOTION. Councilman Hendricks,Councilman Coleman, Councilwoman Richmond,Councilwoman Surra,Vice Mayor Barker,Mayor Perkins. Councilman Perkins. ORDINANCE NO.897,AMENDING CITY CODE CH.10 OFFENSES BY ADDING SEC.10-1-28 STEEL JAW TRAPS )Interim City Manager George Hoffman briefed the council on this item. hearing. spoke in favor of this item. Mayor Perkins opened the public Mr.John Pein,6326 E.20th Avenue, Councilwoman Richmond MOVED THAT ORDINANCE NO.897 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Surra SECONDED TFIE MOTION. VOTE:Unanimous. The motion carried. Interim City Manager George Hoffman read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 10 OFFENSES BY ADDING A NEW SECTION 10-1-28 STEEL JAW TRAPS;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES." Councilwoman Richmond MOVED THAT ORDINANCE NO.897,AS READ BY THE INTERIM CITY MANAGER,BE APPROVED. Councilwoman Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 3 OF 15 VOTE:Unanimous. The motion carried. RESOLUTION NO.95-03 AND ORDINANCE NO.924 REGARDING 1995 AMENDMENTS TO THE CITY TAX CODE )Mr. Craig Meusel fromtheCityClerk Department briefed the council on this item. City Attorney Glenn Gimbut further explained this item. Mayor Perkins opened the public hearing.There being no one wishing to speak,she closed the hearing. ViceMayorBarkerMOVEDMATRESOLUTION NO. 95-03, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 1995 AMENDMENTS TO THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA"BE APPROVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ViceMayorBarkerMOVEDTHATORDINANCE NO.924 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. CouncilwomanSurraSECONDEDTHEMOTION. VOTE:Unanimous. The motion carried. Mr. Hoffman read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING 'THE 1995 AMENDMENTS TO THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA'BY REFERENCE;ESTABLISHING EFFECTIVE DATES; PROVIDING PENALTIES FOR VIOLATIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.924,AS READ BY THE INTERIM CITY MANAGER,BE APPROVED AND ADOPTED. Councilwoman Surra SECONDED TFIE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 4 OF 15 VOTE:Unanimous. The motion carried. ORDINANCE NO.920,AMENDING PERSONNEL POLICIES BY ADDING A DRUG -FREE WORKPLACE POLICY Office briefed the council on this item. Ms. Mary Ann Coyne of the Personnel Interim City Manager clarified that items 11a and lib under New Business should be Public Hearings along with this item. Ms.Coyne pointed out ordinance.She explained that the words "drug test"needed to the last sentence in paragraph E.2. DRUG -FREE WORKPLACE POLICY AS PRESENTED. George Hoffman discussed under an error in the be deleted from Councilman Coleman MOVED TO ADOPT THE Vice Mayor Barker SECONDED THE MOTION. CouncilmanColemanMOVEDTHATORDINANCE NO.920 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mr. Hoffman read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES, CITY OF APACHE JUNCTION, RULE III,CONDITIONS OF EMPLOYMENT, BY ADDING SECTION 5 DRUG -FREE WORKPLACE POLICY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." CouncilmanColemanMOVEDTHATORDINANCE NO.920,AS READ BY THE INTERIM CITY MANAGER,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT IN SECTION E.2.,LAST SENTENCE,THE WORDS "DRUG TEST" BE DELETED." Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 5 OF 15 CONTRACT WITH SOUTHWEST LABORATORIES FOR DRUG AND ALCOHOL TESTING AND ANALYSIS ) )Ms. Mary Ann Coyne of the Personnel Office briefed the council on this item. Councilwoman Surra MOVED THAT WE APPROVE THE CONTRACT WITH SOUTHWEST LABORATORIES FOR DRUG TESTING AS PRESENTED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS BID AWARD FOR PROJECT NO.ENG 95-01 FOR CONSTRUCTION OF CURB,GUTTER,SIDEWALKS, AND RELATED WORK ALONG PORTIONS OF SUPERSTITION BLVD.,IDAHO RD.,AND S.IRONWOOD DR.) )City Engineer Gordon Grandy briefed the council on this item. Mayor Perkins asked if the project on Ironwood would be paid by the city and not be assessed to the people there. Mr. Grandy explained that in some cases the city will be paying because some developments were there before the city had the offsite postponement agreement,but in other cases the business owners or land owners will be paying. Mayor Perkins MOVED THAT WE AWARD PROJECT NO.ENG 95-01 FOR CONSTRUCTION OF CURB,GUTTER,SIDEWALKS AND RELATED WORK TO SOTO CONSTRUCTION COMPANY FOR THEIR BASE BID,PLUS ALTERNATES,IN THE AMOUNT OF $88,208 PLUS 10%($8,820)FOR UNFORESEEN CHANGES. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 6 OF 15 LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA)TITLE I GRANT )Library Director Pam Loui briefed the council on this item.She stated this grant is for $87,000 with $43,500 being paid by LSCA and the other $43,500 being the city's responsibility.She added the Library Board unanimously approved $35,000 as matching fund towards this grant from a former library volunteer.The balance of $8,500 would be paid by the city and would be for FY 1995-96.She then brief the council on the new services that would be available to patrons. of the new system. Vice Mayor Barker inquired about usage Ms.Loui explained that. CouncilmanHendricksMOVEDTOAUMORIZE STAFF TO PROCEED WITH APPLICATION FOR A LIBRARY SERVICES AND CONSTRUCTION ACT GRANT. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BID AWARD FOR VOICE AND DATA CABLING (PROJECT NO.PS 95-01)FOR THE NEW PUBLIC SAFETY FACILITY )Chief Galloway briefed the council on this item. PROJECT NO. FACILITY TO Councilman Hendricks MOVED TO AWARD PS 95-01 FOR VOICE AND DATA CABLING FOR THE NEW PUBLIC SAFETY GRUBER INDUSTRIES FOR THEIR BID IN THE AMOUNT OF $12,568.60. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FURNITURE FOR NEW PUBLIC SAFETY FACILITY ) )Chief Galloway briefed the council on this item. CouncilmanHendricksMOVEDTOAMORIZE STAFF TO PURCHASE FURNITURE FOR THE NEW PUBLIC SAFETY FACILITY AS RECOMMENDED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 7 OF 15 Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. VOICE LOGGING RECORDER/REPRODUCER EQUIPMENT FOR NEW PUBLIC SAFETY FACILITY ) )Chief Galloway briefed the council on this item. Councilwoman Surra MOVED TO AWARD BID FOR VOICE LOGGING EQUIPMENT FOR THE NEW PUBLIC SAFETY FACILITY TO GOSERCO,INC. IN THE AMOUNT OF $18,558.75. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS POLICE AND OTHER SERVICES PROVIDED OUTSIDE THE CITY LIMITS ) )Interim City Manager George Hoffman briefed the council on this item. Vice Mayor Barker asked i f policing outside city limits is not by an agreement with Pinal County. City Attorney Glenn Gimbut confirmed that. Councilwoman Surra asked if there was a balance of services between the city and the county. were reciprocal. Captain Scott explained that services City Attorney Glenn Gimbut commented that people outside the city come in and use the city's Animal Control services the same as city residents,so maybe those fees need to be reconsidered. Interim City Manager George Hoffman stated that the city and the county are beginning to consider the possibility of REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 8 OF 15 a more integrated approach to animal control in the region and that might include this issue. Councilwoman Surra stated she was interested in having staff explore the possibility of providing these services for a fee to a future new entity in our area. Chief Galloway stated that staff could explore that possibility in a hypothetical way. into east Mesa. Mayor Perkins asked if city police goes Chief Galloway replied they do that as much as necessary on traffic violations and also on detective investigations in handling Apache Junction cases only. Vice Mayor Barker commented she did not believe this item should be prioritized. Councilwoman Surra agreed and stated this item came up on the agenda possibly as a result of a question she had asked. She MOVED TO NOT GIVE DIRECTION TO STAFF ON THIS ITEM AT THIS POINT IN TIME. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PREPARATION OF A FEE SCHEDULE IN CON- JUNCTION WITH A.R.S.§28-910,LIABILITY FOR EMERGENCY RESPONSES IN FLOOD AREAS ) )City Attorney Glenn Gimbut briefed the council on this item. Councilman Coleman asked if this would be effective only in cases where the wash is barricaded. Mr. Gimbut replied that was correct and explained that City of Scottsdale uses a sign in flood areas warning people not to cross the area when flooded. Councilwoman Surra MOVED TO DIRECT STAFF TO GO AHEAD PREPARING A FEE SCHEDULE IN CONJUNCTION WITH A.R.S.§ 28-910 LIABILITY FOR EMERGENCY RESPONSES IN FLOOD AREAS. Vice Mayor Barker SECONDED MOTION. Vice Mayor Barker REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 9 OF 15 VOTE:Unanimous. The motion carried. Interim City Manager George Hoffman asked if this needed to be returned to council. Mr. Gimbut replied no and the council agreed they did not need it back. CHANGING PERMITTED USES IN GR (GENERAL RURAL)ZONE ) )Councilman Hendricks was interested in having staff review permitted uses in the general rural zone and see if some of those need to be changed especially in some of the areas experiencing growth. Vice Mayor Barker asked Councilman Hendricks to be more specific on what those areas are. Councilman Hendricks replied he did not remember the specific areas people have talked to him about. Interim City Manager George Hoffman stated the concern seems to be that as the city becomes urbanized they need to look at some of those uses which are now appropriate in a rural zone but may not be appropriate as that becomes high density. Councilman Perkins MOVEDTOTABLETHIS ITEM UNTIL STAFF AND THE COUNCIL GET MORE INFORMATION. Councilman Coleman SECONDED THAT. CityAttorneyGlenn Gimbut recommended to rather continue the item until the next council meeting. VOTE:Unanimous. The motion carried. BUILDING DEDICATION PLAQUES -PUBLIC SAFETY FACILITY AND LIBRARY EXPANSION of recognizing those who served on the begun. the way people were recognized on the Center. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 10 OF 15 Councilman Perkins agreed with that. ) __)Councilman Coleman spoke in favor council at the time the projects were Councilwoman Surra agreed and explained plaque for the Centennial Conference Councilman Perkins spoke in favor of recognizing those who have been involved in the building process since the beginning. Councilwoman Surra spoke in favor of having a short list of people and explained that this is not a dedication plaque but a recognition of the effort that has been put on this project. cost for doubling the size of the plaque. replied he did not have figures on that. Councilman Hendricks inquired about the Interim City Manager George Hoffman Interim Development Servs. Jim Nakagawa explained there was no fixed cost for the size of the plaque:that the bid could ask for a certain size and change it later. Councilman Hendricks disagreed with doubling the cost of the plaque just to have everybody's name because that would not be fiscally responsible. Councilman Coleman suggested to raise private funds to take care of the extra expense. Vice Mayor Barker explained the complexity of having the names of all council members who have been involved in this project because of the staggered terms of office.She added this is not a memorial but a building that came about because of growth. Councilman Coleman explained that building was a difficult decision and it took a lot of effort on the part of some people for this to happen and they should be acknowledged. Councilwoman Surra added that could be done on a small plaque because this is only a tradition and she explained what is usually done in these cases in terms of protocol. Mayor Perkins RECOMMENDED TO CONTINUE THIS ITEM TO THE NEXT MEETING AND BRING IT BACK WITH SOME FIGURES. Councilman Hendricks SECONDED THE MOTION. Councilwoman Richmond suggested to direct staff to check what the cost would be for a plaque (for the public safety facility)with only the present council and for one with both the present and past council. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 11 OF 15 Mayor Perkins stated that in order to get some figures they needed to decide on the list of people. The council further discussed that. Mr. Hoffman read to the the council the two possible lists as discussed.One would include city manager,police chief, project manager,architect,contractor,and current council.Another would include the current and previous council,city manager,project manager, architect,and contractor. The council confirmed that. Mr. Hoffman asked if the council wished to include board members on the plaque for the Library. The council discussed that and their consensus was to include only present council and board members since this plaque would be in addition to the plaque on the first building. Library Director Pam Loui asked that the Library plaque should mention that it was "Funded in part by an LSCA Title II Grant." for the plaques is already police building plaque has plaque. the idea of dedicating the building in remembrance of issue. Councilwoman Surra asked if the money in the budget regardless of the size. Mr. Hoffman replied that money for the been budgeted but not so for the Library expansion City Engineer Gordon Grandy supported building to the people of Apache Junction. Mayor Perkins suggested dedicating the a police officer. The council further discussed the Vice Mayor Barker recommended for the Library to only have the grant mentioned and not names. Ms. Loui replied that was not necessary if the council decides not to have a list of names because the grant could be identified in some other way. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 12 OF 15 Mr. Hoffman clarified the motion as to continue this item to the next agenda;to have staff collect cost data comparing the cost of a public safety plaque with current council,staff,project manager, etc.,and with previous council and previous city manager;and that staff collect data for a plaque for the library and the cost for including the current council. The council agreed. VOTE:In favor:Councilwoman Richmond,Councilman Coleman, Councilman Hendricks,Vice Mayor Barker, Councilwoman Surra,Mayor Perkins. Opposed:Councilman Perkins. The motion carried. RECONSIDERATION OF RESOLUTION NO.94-34, GPA 94-01,MAJOR UPDATE OF THE 1987 GENERAL PLAN )Mayor Perkins was interested in reconsidering the updates to the General Plan because of issues such as those regarding the General Rural zone discussed earlier on the agenda and some other issues brought up to her by staff. Vice Mayor Barker agreed and added that when this was passed the council discussed some changes with the expectation that those would be included,but they were not. Councilman Coleman favored the reconsideration and asked that information regarding any possible changes be included in the agenda packet. Vice Mayor Barker asked clarification on the appropriate action for setting up a date for this. CityAttorneyGlennGimbutstatedthis would have to be advertised as a public hearing no less than fifteen days and no more than thirty days prior to the council meeting,and that either meeting in March was fine. Vice Mayor Barker MOVED TO DIRECT STAFF TO PROCEED WITH RECONSIDERATION OF THE GENERAL PLAN. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 13 OF 15 Vice Mayor Barker MOVED THAT RECONSIDERATION OF THE GENERAL PLAN BE DONE ON MARCH 7. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY,FEBRUARY 21,1995,IN THE CITY COUNCIL CONFERENCE ROOM AND THAT AN ADDITIONAL EXECUTIVE SESSION BE SCHEDULED FOR FEBRUARY 18,AT 8:00 A.M.IN THE CITY COUNCIL CHAMBERS. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT ) )Mayor Perkins adjourned the meeting at 9:42 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of January 19,1995. 3.Approval of continuation of Back Check Program. 4.Approval of Intergovernmental Agreement with Apache Junction Unified School District,Inc.to participate in a School Safety Program and authorization for two additional officer positions to be funded by State Legislature's Joint Committee on School Safety. 5.Approval and adoption of Resolution No.95-02,Providing Notice of the Regular Primary Election. 6.Consideration and approval of City Attorney employment agreement. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 14 OF 15 ACCEPTED THIS 7111 COUNCIL OF THE CITY SIGNED AND ATTESTED ATTEST: KATHLEEN CONNEL City Clerk DAY OF MARCH ,1995,BY THE MAYOR AND CITY OF APACHE JUNCTION,ARIZONA. TO THIS 8TH DAY OF toacii CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and minutes of the regular meeting of the City Council of Junction, Arizona,held on the 7th day of February,1995.I the meeting was duly called and held and that a quorum was Dated this 17 day of February,1995. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7,1995 PAGE 15 OF 15 ,1995. correct copy of the the City of Apache further certify that present.