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HomeMy WebLinkAbout1994-07-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 19,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 19,1994,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 7:05 p.m. INVOCATION Councilwoman Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilwoman Surra Staff Present: (Councilman Coleman was absent.) Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Lt.Steve Francis City Engineer Gordon Grandy Public Works Supervisor Rick Madarick Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Associate Planner Rudy Esquivias Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Housing & Grants Spec./Economic Devel. John Flumerfelt Presiding Magistrate M.Alex Harris Others Present:Jose De Elena,1675 E.Cody St.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Councilman Hendricks MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT ITEM NO.3 BE MOVED FOR DISCUSSION AFTER THE CITY MANAGER'S REPORT. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented a plaque to Judge Corwin Brundrett in recognition of his retirement and years of service to the city. CALL TO THE PUBLIC Mr.Jose De Elena addressed the council regarding recycling,landfill,special prosecutors,special police equipment and various other topics. CITY MANAGER'S REPORT None. REQUEST FOR APPROVAL TO PURCHASE BODY ARMOR (BULLET PROOF VESTS)FROM LOWEST QUALIFIED BIDDER )Councilman Hendri Lt.Francis if the police department did not buy bullet proof Lt.Francis answered about two;the new vests would be for everybody including new would be hired,if the budget gets approved. Councilman Hendricks last year that the two vests would be shared so that they did them for everybody. that was not possible. cks asked vests last year. they bought people that recalled from not have to buy Lt.Francis agreed and explained Councilman Hendricks stated he thought that about half of the vests would be bought last year. Lt.Francis replied they were in the budget but they did not buy them so they were carried over to this year's budget. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 2 OF 14 Councilman Hendricks MOVED THAT BID FOR BODY ARMOR (BULLET PROOF VESTS)BE AWARDED TO PARK TECHNOLOGY INC.IN THE AMOUNT OF $13,952. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS ORDINANCE NO.906,PZ-3-94,REZONING REQUEST BY MICHAEL AND MARY ANN BOERNER, REPRESENTED BY FRED BEAR )Planning Division Mgr.Jim Nakagawa briefed the council on this item.He stated this rezoning would be in compliance with the General Plan designation for medium density residential with the mobile home overlay;that one protest petition was received but it would not be sufficient to invoke the three -fourths voting requirement for passage of this rezoning;and that Planning and Zoning Commission,on June 28, recommended approval of this rezoning case with stipulations as listed in the ordinance. Mayor Perkins stated she thought that area was low -density. Mr.Nakagawa replied it was not so on the south of Broadway;only north of Broadway is low -density. Mayor Perkins opened the public hearing;there being no one wishing to speak on this item,she closed the public hearing. Councilwoman Surra asked if the applicants wished to rezone this land later on to split it. Mr.Nakagawa explained this was a reclassification meaning that the density may be increased from 1.25 -acre lot size to a half -acre parcel lot size;if the council approves this rezoning, the next step would be an administrative procedure to split the property into two pieces and that was the applicants intent. Vice Mayor Barker MOVED THAT ORDINANCE NO.906 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 3 OF 14 Councilman 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,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-3-94 FROM GR (GENERAL RURAL)TO CR-1(MH)(CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 20,000 S(LFT. MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.906,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Perkins SECONDED THE MOTION. VOTE:In favor:Councilman Perkins,Vice Mayor Barker,Mayor Perkins. Opposed:Councilwoman Richmond,Councilwoman Surra, Councilman Hendricks. The motion failed due to the tie vote. ORDINANCE NO.903,AMENDING CITY CODE CHAPTER 9 HEALTH AND SANITATION,ARTICLE 9-2 ACCUMULATIONS OF LITTER PROHIBITED, SECTION 9-2-1 DEFINITIONS,AND SECTION 9-2-5 OWNER TO MAINTAIN PREMISES )City Engineer Gordon Grandy explained that cleaning of the right of way or easement area from either the back of the curb or the edge of the payment to the front property lines,and also the rear alleys of residences,had become a major problems for Public Works Operations;that many communities have ordinances placing the responsibility of weed control and litter pick-up on the adjacent property owner,and that is the purpose of this ordinance.He stated that any violations would be handled as a code enforcement issue. Councilman Hendricks asked if this ordinance includes areas that are not alleys but easements;if people are also responsible for up -keep of those. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 4 OF 14 Mr.Grandy answered yes and explained that easements are not city property. Councilman Hendricks stated some people may not know that and may not realize that it is not the city's responsibility to maintain it and suggested informing the people. Mr.Grandy replied that a means of providing that information may be through code enforcement from now on. Councilman Hendricks suggested publishing it in the newspaper and asking people to call the city to find out if their alley is really an alley or an easement. Mr.Grandy agreed and suggested to use the City Page to publish that information. Asst.City Manager George Hoffman added he will see that it is done. Mayor Perkins asked if the city will no longer maintain alleys. Mr.Grandy answered that blading and taking care of the alley is not being relinquished but that this ordinance only addresses weeds and litter problems. Mayor Perkins opened the public hearing;there being no one wishing to speak,she closed the public hearing. Councilwoman Surra MOVED THAT ORDINANCE NO.903 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. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 9 HEALTH AND SANITATION,ARTICLE 9-2 ACCUMULATIONS OF LITTER PROHIBITED,SECTION 9-2-1(C) DEFINITIONS AND SECTION 9-2-5 OWNER TO MAINTAIN PREMISES BY ESTABLISHING EXTENT OF RESPONSIBILITY FOR PROPERTY OWNER MAINTENANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 5 OF 14 Councilwoman Surra MOVED THAT ORDINANCE NO.903,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.94-17,FINAL ADOPTION OF BUDGET FOR FISCAL YEAR 1994-95 (WITH EMERGENCY CLAUSE) )City Clerk Kathy Connelly briefed the council on the procedures for adoption of both the resolution and Ordinance No.901 that followed. Asst.City Manager George Hoffman asked the council if they wished to make any final amendments to the budget and offered to answer any questions. Vice Mayor Barker mentioned there was a question on the allocation of funds. Mr.Hoffman stated the question was that if the council made an allocation in the budget for an agency the city might contract with,if they are compelled to authorize that expenditure. City Attorney Glenn Gimbut answered no;the fact that i t is in the budget does not mean they have to spend it. Vice Mayor Barker MOVED THAT RESOLUTION NO.94-17,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1994,AND ENDING JUNE 30,1995;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1994-1995,AND DECLARING AND EMERGENCY,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:In favor:Vice Mayor Barker,Councilwoman Surra, Councilwoman Richmond,Councilman Hendricks. Opposed:Councilman Perkins,Mayor Perkins. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 6 OF 14 ORDINANCE NO.901,AMENDING,REVISING, AND ADOPTING CITY CLASSIFICATION PLAN FOR FISCAL YEAR 1994-95 explained that the Public Works Director and asked the council to include that in not changed in the last year. moved up the salary ranges. _) )Asst.City Manager George Hoffman position had been left out by mistake their motion,at a range 52 which has Councilman Hendricks asked if they Mr.Hoffman answered that adoption of the Classification Plan does not do that but the budget adoption does;that this was the structure for the organization and the positions that make up that structure. City Clerk Kathy Connelly mentioned the foot note that addressed the Cost of Living and the proposed merit. Mr.Hoffman added it addressed the 2% COLA and merit that was discussed before. Vice Mayor Barker MOVED THAT ORDINANCE NO.901,WITH THE EMERGENCY CLAUSE,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman 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,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." Vice Mayor Barker MOVED THAT ORDINANCE NO.901,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT PUBLIC WORKS DIRECTOR AT RANGE 52 BE ADDED TO THE SCALE. Councilman Hendricks SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 7 OF 14 VOTE:In favor:Councilwoman Richmond,Councilman Hendricks, Vice Mayor Barker,Councilwoman Surra,Mayor Perkins. Opposed:Councilman Perkins. The motion carried without the emergency clause. Vice Mayor Barker asked if both the resolution and ordinance would be without the emergency clause. Ms.Connelly answered no:the emergency clause on the resolution does not have the same limitations as would apply to an ordinance. City Attorney Glenn Gimbut added that a resolution is administrative and an ordinance is legislative:a resolution adopting the budget is not subject to referendum but an ordinance is. OLD BUSINESS: None. NEW BUSINESS AUTHORIZATION TO PROCEED WITH BIDDING PROCESS FOR CITY ENTRY SIGNS )City Engineer Gordon Grandy briefed the council on this item.He stated that Main Street has given its input on the signs as well as Nick Blake of Parks and Recreation and asked the council for their recommendation. The council discussed the placement of future signs,qualities of the present sign,and they agreed to continue the same color on future signs. Vice Mayor Barker MOVED THAT WE AUTHORIZE STAFF TO PROCEED WITH THE BIDDING PROCESS FOR CITY ENTRY SIGNS BASED ON COUNCIL RECOMMENDATIONS OF RETAINING THE SAME COLORS BEING UTILIZED NOW. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 8 OF 14 LEASE AGREEMENT WITH LDS CHURCH FOR USE OF THE PARK AT 16TH AVENUE AND IRONWOOD DRIVE )Parks and Recreation Director Jeff Bell briefed the council on this item.He stated the one-year trial basis lease with the church for use of the park expired July 1;that Parks and Recreation Commission recommended pursuing a longer -term lease and staff concurs with that recommendation. Vice Mayor Barker asked what the "operating supplies and services" mentioned in his memo were and how that is different from the personnel services. Mr.Bell answered that was herbicides,fertilizers,grass seed,exterminating services,striping of the basketball courts,irrigation of parks,etc. hours were used on the park this year. hundred fifty-two. about the same usage for our other fields. Vice Mayor Barker asked how many man Mr.Bell answered it was about seven Vice Mayor Barker asked if that was Mr.Bell answered yes. Vice Mayor Barker asked if we are going to be in the business of allowing teams to rent the lights as we do on the other fields. a term they were suggesting. Mr.Bell answered yes. Councilwoman Richmond asked how long Mr.Bell answered ten years. Councilwoman Surra asked what were the names they were considering for renaming the park. Mr.Bell answered the commission was recommending Ironwood Park but there was a process for naming the park by which the neighborhood and the schools may get involved in a contest for choosing a name. The council was in favor of a contest. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 9 OF 14 Councilwoman Richmond MOVED THAT WE AUTHORIZE STAFF TO ENTER INTO A LEASE CONTRACT WITH LDS CHURCH FOR USE OF THE CHURCH PARK AT 16TH AVENUE AND IRONWOOD DRIVE FOR A PERIOD OF TEN YEARS. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTRACTS FOR HUMAN SERVICES FOR FISCAL YEAR 1994-95 )City Clerk Kathy Connelly briefed the council on this item.She pointed out that Superstition Mt.Mental Health Center was not complying with one provision in their contract which was to have a human services conference with a report to the council by the end of the fiscal year.She asked if the council wished to postpone action on this and have the Health and Human Services Commission look at this or to see whether or not the council wants that requirement to be retained in the contract.She stated that representatives of SMMHC were present and maybe they would like to explain what has happened.She added they prefer to use that money for direct services rather than a conference. Mr.Gary Selvy,director of SMMHC, explained they initially had one conference but the following year funds were reduced by $3,000;that when they submitted their proposal that year they did not include the conference and it was was accepted;however,when the contract was updated it still included that and he did not notice it. Assistant City Manager George Hoffman recalled he may have written the contract and did not take that provision out.He further explained that one idea was the conference and another idea was the holding of monthly meetings which the SMMHC has been implementing until now. Mr.Selvy confirmed that. Vice Mayor Barker suggested it would be appropriate to delete the conference provision from the SMMHC contract in the motion. Councilwoman Surra asked that a report of those monthly meetings be submitted to the city as the yearly report stated in the contract. Mr.Selvy agreed. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 10 OF 14 Vice Mayor Barker MOVED THAT THE HEALTH AND HUMAN SERVICES PROVIDERS CONTRACTS FOR FISCAL YEAR 1994-95 BE APPROVED AS FOLLOWS: Abuse Prevention Council,Inc. Reach Out Food Bank East Valley Catholic Social Service Salvation Army Superstition Mt.Mental Health Center,Inc. $7,500 $6,000 $13,000 $20,500 $23,000 AND THAT ITEM 2,c,iii IN THE SMMHC CONTRACT BE DELETED,AND THAT WE RECEIVE BEFORE THE END OF THE SUMMER (SEPTEMBER 1)A REPORT ON LAST YEAR'S ACTIVITIES BASED ON THE SUMMARIES OF THE HEALTH AND HUMAN SERVICES NETWORK MEETINGS. date for that report. September 1. MOTION. Ms.Connelly asked for a specific Vice Mayor Barker answered Councilman Hendricks SECONDED THE VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS EXTERIOR NEWSPAPER DISPLAY RACKS TO BE ENCLOSED OR ENCASED )Mayor Perkins stated that a citizen has requested that something be done to the placement of newspapers on racks because they fly away and get scattered all over,and they are suggesting that a cover be put on the racks to hold the papers in. Councilwoman Surra asked if any of the newspaper distributors has been approached with this problem to find out if they would comply with this requirement without having to enact an ordinance. Mayor Perkins replied she had not contacted anyone. City Clerk Kathy Connelly added she does not believe there has been any contact made with any of them. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 11 OF 14 Councilman Perkins RECOMMENDED TO LET STAFF RESEARCH THIS AS AN ORDINANCE SINCE WE WANT TO CLEAN UP THE CITY AND THIS WOULD NEED TO BE ENFORCED. Vice Mayor Barker asked if that was in the form of a motion,SHE WOULD SECOND IT. Councilwoman Surra ADDED THIS WOULD INCLUDE MORE THAN NEWSPAPERS. Vice Mayor Barker AGREED IT WOULD BE ANYTHING THAT IS OUTSIDE OF THE STORE. Ms.Connelly asked if it would be any kind of exterior display that is not encased and protected from the elements. The council concurred. 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.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 1,1994,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 2,1994,IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON JULY 26,AND THAT A WORK SESSION FOLLOW AT 7:00 P.M. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 12 OF 14 ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:16 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of regular meeting of July 5,1994. ACCEPTED THIS 2ND DAY OF AUGUST ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST ATTEST: 1 -el r KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 13 OF 14 ,1994. 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 19th day of July,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of July,1994. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 19,1994 PAGE 14 OF 14