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HomeMy WebLinkAbout1994-05-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 3,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 3,1994,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 7:10 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE City Attorney Glenn Gimbut led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present: (Vice Mayor Barker was absent.) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Acting Police Chief Capt.Dan Scott City Engineer Gordon Grandy Public Works Supt.Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Economic Dev./Housing & Grants Coord. John flumerfelt Others Present:(No Request to Speak forms were filed.) REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.94-12,"REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602,ARIZONA REVISED STATUTES,"BE APPROVED;AND THAT MR.MARK RUDDER BE APPOINTED TO FILL A VACANCY ON THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM TO EXPIRE JUNE 30,1996. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins read a proclamation for Public Works Week and presented it to Public Works Director/Operations Superintendent Doug Dobson. Mr.Ab Hameed from Capital Improvement Associates,Inc.,updated the Council on the status of the Public Safety Building,Library Expansion and Prospector Park projects. City Manager Mike Lee asked Mr.Hameed to inform the Council about the fire sprinkler system at the Library. Mr.Hameed explained that when they were designing the fire sprinkler system for the new Library building it was brought to their attention that the existing building was not in compliance with that requirement;that it will have to be done and it will be handled in a separate bid package. Mr.Lee asked if that will be part of the same financial program fund.Mr. Hameed answered that the funds for the sprinkler system in the existing Library are going to be handled from a different set of funds and not from the bonds fund that they have been managing for the Library expansion and the Police building. Mayor Perkins stated she was glad that they were going to bring the Library into compliance with the sprinkler system.Mr.Lee added he was surprised when they discovered that it was not done when the Library was built;and that it was difficult for the City to enforce the building code in the community if the City fails to comply with it. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 2 OF 11 Mr.Hameed stated there seems to be a battle with libraries about the sprinklers because they may cause more damage if something happens,but having them was a right decision. Councilman Coleman stated he has been reading about the East Mesa library extension increasing in cost by 24% because of the fires and earthquakes in California and asked Mr.Hameed if they anticipated any problems along those lines. Mr.Hameed answered they do not anticipate having those problems but the cost will be somewhat higher because of inflation;that they have a contingency fund to cover for that but they try to control the cost as low as they can. Councilman Perkins asked if the six-month delay of going back and redesigning the size of the Police building is going to cost more at the end because of missing the window of opportunity as far as construction costs. Mr.Hameed answered that i t is going to cost relatively more per square foot but by changing the size of the Library and so on it is going to be within the funds available. Parks and Recreation Director Jeff Bell further updated the Council on the Prospector Park project. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee gave the Council a financial report on departmental expenditures compared to their budgets and about city sales tax. Councilman Coleman stated that expenditures were getting closer to revenues and asked Mr.Lee if he anticipated being able to match that or to use carryover funds for it. Mr.Lee reminded the Council that this item was on the agenda as a presentation only and not for discussion and asked them to contact him later with any questions they might have on this report. PUBLIC HEARINGS ORDINANCE NO.895:TRANSIENT LODGING TAX ) )City Clerk Kathy Connelly briefed the Council on this item stating this was a required public hearing and that the proposed ordinance was prepared according to discussion from the two previous meetings on this subject. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 3 OF 11 Mayor Perkins opened the public hearing;there being no one wishing to speak on this item,she closed the public hearing.There being no Council discussion,she asked for a motion. Councilwoman Richmond MOVED THAT ORDINANCE NO.895 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman 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,RELATING TO THE PRIVILEGE LICENSE TAX;AMENDING THE CITY TAX CODE BY IMPOSING A TAX ON TRANSIENT LODGING;SPECIFYING THE USES OF THE PROCEEDS OF THE TAX ON TRANSIENT LODGING;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;AND DESIGNATING AN EFFECTIVE DATE." Councilwoman Richmond MOVED THAT ORDINANCE NO.895,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE AMENDMENT THAT AUGUST 1,1994,BE THE EFFECTIVE DATE. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 1994-95 BUDGET )City Manager Mike Lee stated this was a preliminary budget and he did not expect to have a lot of discussion on this;that this was to let the Council review it and direct staff on how to proceed in scheduling a meeting for discussion of the budget.He further briefed the Council on this. Councilman Perkins asked if the end of July is when this has to be adopted. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 4 OF 11 Mr.Lee answered it is the first week in August. City Clerk Kathy Connelly added that the tentative budget has to be adopted the third Monday in July and the final by the second Monday in August. Councilman Perkins stated he would like to have two work sessions on the budget with the first one being the next regular work session and the other one in June,if necessary. Mr.Lee replied there are already several items for the next work session and asked if the Council wanted to have this as a single item on the agenda. Councilman Perkins answered yes and asked if they had a special meeting for the budget last time. Ms.Connelly answered that the first time was a regular meeting. The Council agreed on rescheduling this item for a special meeting.They discussed several dates along with availability of Council members,staff,and Council Chambers.Council and staff consensus was on a special work session on Friday,May 13th. Councilman Perkins MOVED TO HAVE A SPECIAL WORK SESSION (MAY 13,1994)FOR DISCUSSION OF THE FISCAL YEAR 1994-95 BUDGET;THAT ALL DEPARTMENT HEADS BE PRESENT,IF POSSIBLE;AND THAT IT BE AT 6:00 P.M. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. I.G.A.AGREEMENT WITH PINAL COUNTY FOR PROPOSED CITY DETENTION BASIN ON PINAL COUNTY COMPLEX )City Engineer Gordon Grandy asked the Council to postpone this item for the following reasons:Supervisor Smith was unable to attend the meeting and she would like to be present when they discuss this item and that the final agreement was not ready yet. Councilman Perkins MOVED TO POSTPONE THIS ITEM TO MAY 17,1994. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 5 OF 11 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF HEARING OFFICERS )Asst.City Manager George Hoffman briefed the Council on this item.He stated that tonight he was looking for approval from the Council and then he will communicate with the selected hearing officers to negotiate a dollar amount for their services. Councilman Perkins suggested it would be better that the Council authorize staff to get into a contract with these individuals instead of approving them as hearing officers without knowing if the City can afford their services. Mr.Hoffman answered he did not anticipate offering more than the City can offer and that the reason for having multiple hearing officers was that they have different specializations. Councilman Perkins stated the Council cannot approve these people as hearing officers when they have not discussed a contract as to how much is going to cost. Mr.Hoffman replied the Council could authorize the City Manager to enter into in agreement and they would proceed to develop that. Councilman Perkins suggested it would be better to come back with facts and figures about each one of these people before deciding on them. Mr.Hoffman replied that staff can do it that way but he thought they should not enter into negotiations with somebody whose credentials did not appeal to the Council. Councilwoman Surra asked if staff was anticipating having one fee schedule for all four individuals,with one of them being the hearing officer depending on the case,and that there would not be individual negotiations. Mr.Hoffman answered that was correct,however if he made that offer and three of them turned it down,they might have to start all over.He stated he intended to make them an offer and if they were interested,then enter into an agreement. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 6 OF 11 Councilwoman Surra stated they should not have individuals varying in their fee schedule. Mr.Hoffman replied these other organizations gave no indication that their fee would vary by hearing officer but that they have a flat fee.He stated he would favor having a minimum dollar amount and if it goes over a certain number of hours,then we would pay them an hourly amount as Maricopa County and Phoenix do. Councilwoman Surra MOVED THAT WE APPROVE JANET FELTZ,JOHN HESTAND,JUAN RIVERA,AND CONRAD SANDERS TO BE REQUESTED TO SERVE AS HEARING OFFICERS ON PERSONNEL APPEALS/GRIEVANCE PROCESS AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THEM. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS CITY STAFF ASSISTANCE AT RODEO PARK EVENTS CENTER FOR LOST DUTCHMAN DAYS )Mayor Perkins asked Mr.Lee if he would speak on this item. City Manager Mike Lee reminded the Council that the City contributed $60,000 for improvements at the rodeo grounds;that currently they are working on extending the electricity and that might bring that amount close to $100,000,which is more than the Council had authorized and that will still not cover piped water for the facilities. Mr.Lee further stated that the Chamber of Commerce is interested in having the next Lost Dutchman Days at the rodeo grounds and there is space that will need to be cleared.He asked Mr. Bell to brief the Council on that. Parks and Recreation Director Jeff Bell explained that the Chamber needed assistance from Engineering and Public Works for clearing land at the rodeo grounds to accommodate Lost Dutchman Days next year. Councilman Hendricks asked how much acreage will need to be cleared. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 7 OF 11 Mr.Bell replied it was difficult to answer that now until the masterplan is put in place and they receive input from the Chamber as to what their needs are. Mayor Perkins stated that once the land is cleared it could be used for other events as well. Mr.Bell agreed on that and added they are going to try their best to preserve the desert plants. Councilwoman Surra asked if they were going to ask for money. Mr.Bell replied that the masterplan will be done in-house and. because of Engineering and Public Works involvement, there will be some money associated,with that:that after they complete the masterplan and determine the acreage that is needed,he couldbring it back with an estimate of the cost. Councilman Perkins asked if the water lines will be needed by then. Mr.Bell answered no but they could use a portable pipe. Councilman Perkins asked how much it would cost to run the water lines over there. Mr.Bell answered it would be several hundred thousand dollars for the water main,but they have thought of putting in a water line and a holding tank instead. Councilman Perkins asked if the City has considered a well for that area. Mr.Bell answered yes but the laws on water seem to change and that is not a certificated area,but that is something they can explore. Mayor Perkins stated she would like to see them explore a well for that area. Councilman Perkins asked what direction should be given to staff. Mayor Perkins answered it would be to clear the area and bring back estimates of the cost. to see them explore a well for that area. direction should be given to staff. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE :8 OF 11 Mr.Bell added they needed to know that the Council was in favor of this project and they will bring this back to the Council. Councilwoman Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY STAFF ASSISTANCE AT THE RODEO GROUNDS EVENTS CENTER FOR 1995 LOST DUTCHMAN DAYS;THAT THEY PREPARE A PLAN AND COST ESTIMATE FOR THE CLEARING OF LAND AND BRING IT BACK TO COUNCIL. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PRESIDING MAGISTRATE RECRUITMENT )Asst.City Manager George Hoffman briefed the Council on this item. Councilman Hendricks MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING MAGISTRATE COURT RECRUITMENT; THAT CANDIDATE INTERVIEWS BE SCHEDULED FOR SATURDAY,MAY 21,1994;THAT THE CITY ARRANGE FOR TRAVEL AND ACCOMMODATIONS FOR THE TWO OUT-OF-STATE CANDIDATES;THAT A TOUR OF THE CITY AND AN OPEN -HOUSE BE SCHEDULED FOR LATE AFTERNOON/EVENING ON FRIDAY,MAY 20,1994;AND THAT TUESDAY,JUNE 7,1994,BE SET AS THE TARGET DATE FOR COUNCIL VOTE ON A NEW MAGISTRATE JUDGE. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES,LOCATIONS.AND PURPOSES Councilman Hendricks MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,MAY 16,1994,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,MAY 17,1994,IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT AN EXECUTIVE SESSION FOR THE PURPOSE OF INTERVIEWING MAGISTRATE CANDIDATES BE HELD ON SATURDAY,MAY 21,1994,AT 9:00 A.M. Councilman Coleman SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 9 OF 11 VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins reported that he attended the Regional Landfill Siting Committee meeting today and that he will bring this item back on the May 17th agenda. Councilman Coleman reported that Mayor Perkins,Mr.Jeff Bell,and himself attended Pinal County Town Hall Conference last week. Mayor Perkins commented on her favorable impressions from the conference. City Manager Mike Lee informed the Council that Mayor Perkins and himself will be attending a meeting of Pinal County Alliance this next Friday in Coolidge. ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:22 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the special meeting of March 29,1994. 3.Acceptance of the minutes of the regular meeting of April 19,1994. 4.Approval of Resolution No.94-12,requesting Arizona Department of Transportation to authorize transportation funds pursuant to ARS 28-2602. 5.Appointment of Mark Rudder to fill vacancy on the Economic Development Commission for a term to expire June 30,1996. ACCEPTED THIS 17TH DAY OF MAY ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF MAY ,1994. JEAN/PERKINS May REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 10 OF 11 — ATTEST: LEEN CONNEL City Clerk 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 3rd day of May,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of May,1994. REGULAR MEETING OF THE CITY COUNCIL MAY 3,1994 PAGE 11 OF 11