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HomeMy WebLinkAbout1994-10-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING October 4,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 4,1994,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 7:00 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Hendricks 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, Asst.City Manager City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Parks & Rec.Director Jeff Bell Judge Alex Harris,Presiding Magistrate Housing and Grants Spec.John Flumerfelt Bonnie Pletcher,400 W.23rd Ave.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 1 OF 15 ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE APPOINT NANNETTE McGINNIS AND CAROLYN CLAY TO THE PARKS AND RECREATION COMMISSION FOR BOTH TERMS TO EXPIRE JUNE 30,1997. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Bonnie Pletcher addressed the council and complemented the speedy work by Jeff Bell and Parks staff to remove graffiti from Prospector Park. CITY MANAGER'S REPORT Interim City Manager George Hoffman updated the council on the city manager search process;on the boards and commissions picnic and commended city employees who volunteered their time in the organization of this event.He informed the council about his meeting scheduled with Ms.Judy Benchaw from Arizona Bridge to Independent Living,which offers and promotes programs designed to empower people with disabilities to achieve or continue independent life styles within the community. Mr.Hoffman informed the council that the successful bidder for the construction of two monument entry signs was unable to obtain the necessary performance bonds,so the project will have to go out for bid again;that Parks and Recreation Director Jeff Bell will be presenting a status report on the rodeo grounds development and the master plan for the events center at the next council meeting;and that Public Management Magazine granted an award to Brighton,Colorado,the town Chief Galloway came from,with the public safety program excellence for populations with less than 20,000. PUBLIC HEARINGS LIQUOR LICENSE APPLICATION FOR APACHE CREEK GOLF CLUB ) )City Clerk Kathy Connelly briefed the council on this item.She stated there were some questions about the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 2 OF 15 legal transfer of this application as well as insuficient information submitted by the Department of Liquor Licenses and Control. City Attorney Glenn Gimbut explained to the council the legal questions regarding the application and informed them of unsuccessful contacts with the state in order to obtain the required information for a proper evaluation of this license. hearing. Mayor Perkins opened the public Mr.Joe Alsip,applicant,Six East Linda Lane,Gilbert,provided the council personal information as required in the application.He asked that if the city approves the application but the State Liquor Board finds that it is not a legal license,then the city's approval would mean nothing. Mr.Gimbut answered that whether the city approves or denies the application,it is simply a recommendation;the final decision is made by the State Liquor Board. Mayor Perkins close the public hearing,there being no one else wishing to speak on this item. Councilman Coleman MOVED THAT THE APPLICATION FOR A PERSON TO PERSON AND LOCATION TRANSFER FOR SERIES 7 LIQUOR LICENSE NO.07110027 SUBMITTED FOR APACHE CREEK GOLF CLUB BE RECOMMENDED FOR DENIAL TO THE STATE LIQUOR BOARD BECAUSE THE PUBLIC CONVENIENCE AND BEST INTEREST OF THE COMMUNITY WILL NOT BE SERVED BY SUCH A TRANSFER FOR THE FOLLOWING REASONS: 1.The ownership of the license by Dallas Cary for purposes of transfer, and whether or not the state should consider License No.07110027 forfeit to the State of Arizona is apparently not yet resolved. Information gleaned from the application and known to the city as shown in a letter to Director Howard Adams dated September 9,1994,from the city attorney indicates that there are severe questions as to whether or not ownership of the license by Mr.Cary occurred in direct violation of state law in that it was placed in his name as a straw man to disguise illegal ownership,and is shown as having a business location where apparently no such business exists. 2.The Arizona Department of Liquor Licenses and Control improperly accepted an incomplete application for transfer in that while the prospective transferees Joseph Alsip and M.B.Schoenberg each answered in the application that they had been detained,cited,arrested, indicted,or summoned into court and had been fined,posted bond,been ordered to post bail,imprisoned,had sentence suspended,or been placed on probation,they were not required to file with the application the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 3 OF 15 required signed statement giving complete details.Despite numerous requests by the office of the City Clerk and the City Attorney to the Department of Liquor Licenses and Control for such statement,none has been forthcoming.Unless such a statement is forthcoming in a timely manner so that the same may be evaluated by the Police Department of the City of Apache Junction,other staff members,and council in advance of the scheduled hearing before council,the city is put at a disadvantage in being deprived of necessary,important information that is critical in making an informed decision.Because the staff of the Department of Liquor Licenses and Control was negligent in allowing an incomplete application to be accepted,and was malfeasant,misfeasant,or nonfeasant in not correcting the problem in a timely fashion,despite notification,resulting in a deprivation of this council of possibly important information,we feel that we must recommend denial,and request that the State Liquor Board perform its duty of oversight in not approving applications which are incomplete on date of filing and remain incomplete at time of hearing before the affected political subdivision of the State of Arizona. VOTE:In favor: Councilman Hendricks SECONDED THE MOTION. Councilman Coleman,Councilman Perkins, Councilwoman Richmond,Councilwoman Surra,Mayor Perkins. Opposed:Vice Mayor Barker,Councilman Hendricks. The motion carried. Mayor Perkins asked if the applicant could resubmit this and bring it back to the city. Mr.Gimbut answered that the applicant may not have to do that and that the final decision is up to the State Liquor Board. Ms.Connelly commented that the Arizona Department of Liquor Licenses and Control is having a trend of being less conscious about submitting the necessary information to the city for the council to make an informed decision,but maybe this case will call their attention to the oversight. ORDINANCE NO.905:REZONING REQUEST, PZ -2-94.STACHAR/LAABS )Planning Division Mgr.Jim Nakagawa briefed the council on this item.He recommended approval of this rezoning. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 4 OF 15 hearing. Mayor Perkins opened the public Mr.Keith Stachar,applicant and property owner,stated they planned to put mobile homes on the parcels. There being no additional comment, Mayor Perkins closed the hearing. Vice Mayor Barker MOVED THAT ORDINANCE NO.905 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman 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 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-2-94 FROM R1-43(MH)(CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 1.25 -ACRE GROSS MINIMUM LOTS)TO CR- 1(MH)(CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 20,000 SQ.FT. GROSS MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Barker MOVED THAT ORDINANCE NO.905,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.915:PARKS AND RECREATION FEE SCHEDULE )Parks and Recreation Director Jeff Bell briefed the council on this item. Councilman Coleman asked how much is the subsidy from the general fund. Mr.Bell answered it was about $25,000. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 5 OF 15 Councilman Coleman asked when the current fees were established. Mr.Bell answered it was about five years ago. Councilwoman Surra asked if there was an extra cost added for local groups like junior rodeos who use the rodeo grounds. Mr.Bell answered there is no fee included for youth service organizations who are non-profit organizations. Councilman Hendricks asked what the "arena preparation fee"covered. Mr.Bell answered that covered preparation of the arena floor such as tilling. Councilman Hendricks asked what was the light amperage. Mr.Bell answered it was 600 amperage. Councilman Coleman MOVED THAT ORDINANCE NO.915 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Richmond 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 4 FEES,ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Coleman MOVED THAT ORDINANCE NO.915,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 6 OF 15 The motion carried. OLD BUSINESS CITY DESIGN REVIEW )Associate Planner Ted Shaw briefed the council on this item.He mentioned a discussion with members of Main Street of a process for a design review and introduced Mr.Bob Trepp to speak to the council on this. Mr.Bob Trepp,explained that the process would involve the Chamber of Commerce,Main Street,and city staff; that it would include a cross section of the population of both private people and business owners and a survey by city staff as well,and then get some direction from that;then they would coordinate that with the Department of Commerce and have the architects available during that process,if city staff feel that is necessary;then they would formulate a general idea of where we are and begin the process of moving ahead,which would involve more professional people and a committee;and then finalize a document for staff to bring back to the council for approval. Vice Mayor Barker asked Mr.Trepp how would they envision forming a consensus from among the community and other groups. Mr.Trepp answered that the process of open meetings was part of it and included making personal contact with people. Vice Mayor Barker asked Mr.Trepp how they would envision utilizing city staff on this process. Mr.Trepp explained that involvement of a staff person or a council member was important. Vice Mayor Barker asked how much staff time they would anticipate using for this process. Associate Planner Ted Shaw answered he could not realistically answer that but it would be about six to eight hours a week. Vice Mayor Barker asked if we had the staff to put in that time. Mr.Nakagawa answered that it was a matter of priorities since they have a lot of projects.He added they were hoping to utilize some of the professional architects to go out and seek the citizens'input into the process and come up with a design guideline. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 7 OF 15 Vice Mayor Barker asked why staff was looking specifically at A.I.A.instead of a firm that Main Street could bring in to do the work. Mr.Shaw answered that would be part of the process;the architect from Prescott Valley could do basically what A.I.A.could do. Mr.Trepp added that Main Street would get the architect involved as much as Planning staff felt was necessary, but the government,the business community,and the chamber should try and work together in doing as much as they can by themselves. Vice Mayor Barker stated the council needed to decide on priorities at this point if the department they are looking at for help is already working on a number of projects and cannot give that number of hours per week. Mr.Trepp replied city staff involvement would be ideal but not necessary;that some council members have already offered their help;but it was important for government and the others to have a more personal contact with the citizens for their input. Vice Mayor Barker stated that i f Main Street,Chamber of Commerce and the business community can do the work without overloading city staff,council could be agreeable with letting staff get involved on this. Mr.Trepp agreed. Councilwoman Surra asked staff to outline the projects they are working on that would preclude the eight hours a week. Mr.Nakagawa listed those projects. Councilwoman Surra asked if they could give a total of one hour a day for this project. Mr.Nakagawa confirmed that. Councilwoman Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY DESIGN REVIEW:THAT WE ALLOW STAFF IN THE PLANNING DIVISION TO MAKE AVAILABLE ONE HOUR A DAY,ON THE AVERAGE,TO THE MAIN STREET GROUP AND ITS COHORTS OF CHAMBER OF COMMERCE AND BUSINESSES IN THE COMMUNITY,AND GET SOME OPEN MEETINGS AND SOME SMALL GROUP MEETINGS GOING IN ORDER TO GET A CONSENSUS FOR DIRECTION REGARDING THE DESIGN REVIEW POLICIES WE HOPE TO PUT IN PLACE LATER. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 8 OF 15 MOTION. VOTE:In favor: Vice Mayor Barker SECONDED THE Councilman Coleman,Councilman Perkins,Vice Mayor Barker,Councilwoman Richmond, Councilwoman Surra,Mayor Perkins. Opposed:Councilman Hendricks. The motion carried. REQUIREMENTS FOR EXTERIOR NEWSRACKS )City Clerk Kathy Connelly briefed the council on this item.She explained that the rights to control exterior newsracks already rested with the property owner. THIS ISSUE. MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker MOVED TO DISMISS Councilman Coleman SECONDED THE Councilwoman Surra asked how the property owners can enforce any regulations on people who use newsracks not in compliance. Ms.Connelly answered they can simply have them removed or take them inside the business. City Attorney Glenn Gimbut added that the placement of the rack would be trespassing on their property. Mayor Perkins recessed the meeting at 8:00 p.m.She resummed the meeting at 8:10 p.m. NEW BUSINESS AWARD OF BID FOR PROJECT ENG 94-05, HANDICAPPED ACCESSIBLE RESTROOMS )City Engineer Gordon Grandy briefed the council on this item.He explained there was the need to redesign this project and bring it within budget,and send it out for bid again and bring it back to the council on November 1.He recommended that the bids already received be rejected. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 9 OF 15 Vice Mayor Barker asked if next time we will be able to complete this project without losing the grant money. stipulation in the next bid notice. for the last minute to do this. Mr.Grandy answered that will be a Mayor Perkins asked why staff waited Mr.Grandy answered he would have to defer the answer to those who were more directly involved in this. Interim City Manager George Hoffman explained that when he assummed his new position this issue was called to his attention and he was more concerned with meeting the CDBG deadline than to find out about the history of the project.He agreed that one of the functions of management is to assure that these problems do not happen. Councilman Hendricks stated that the council has known about this problem for awhile,expressed dissappointment for this happening,and hoped that the city would not lose this grant. Vice Mayor Barker MOVED THAT BIDS FOR CONSTRUCTION OF ACCESSIBLE RESTROOMS AT THE MAGISTRATE COURT/COUNCIL CHAMBERS,PROJECT NO.ENG 94-05,BE REJECTED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARD OF BID FOR PROJECT ENG 94-04, EXISTING LIBRARY FIRE PROTECTION PACKAGE ) )City Engineer Gordon Grandy briefed the council on this item.He recommended award of this bid. Interim City Manager George Hoffman added that the council needed to authorize the City Manager to expend up the $30,000 from contingency money towards this project with the expection that it be reimbursed with bond money. Councilwoman Surra MOVED TO AWARD PROJECT NO.ENG 94-04 TO METRO SPRINKLERS FOR THEIR BID OF $84,290.88,TO AUTHORIZE A PURCHASE ORDER TO BE WRITTEN WITH 10% ADDITIONAL FOR UNFORSEEN CHANGE ORDERS.FURTHERMORE,THAT THE $60,000 BEING ALLOCATED FROM THE BOND FUNDS AND THE BALANCE OF THE $24,290.88 SHOULD COME FROM THE CITY CONTINGENCY FUND AND,IF IT ALL POSSIBLE,REIMBURSEMENT SHOULD BE MADE BACK TO THAT FUND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 10 OF 15 IF THOSE FUNDS BECOME AVAILABLE THROUGH THE INTEREST THAT IS PAID AGAINST THE BOND MONEY. Councilman Hendricks SECONDED THE MOTION. Interim City Manager George Hoffman asked the council that instead of the $24,290.88 from contingency money, $30,000 be allowed to come out of that fund. amendment. Councilwoman Surra agreed to that Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BID AWARD FOR PROJECT NO.LIB -94-2, TECHNICAL LIBRARY FURNITURE )Library Director Pam Loui briefed the council on this item.She recommended award of this bid. Councilman Hendricks MOVED THAT BID FOR LIBRARY TECHNICAL FURNITURE,PROJECT NO.LIB 94-2,BE AWARDED TO RST & ASSOCIATES,INC.IN THE AMOUNT OF $23,914,13. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.94-27,SUPPORTING PROPOSITION 101 TO AMEND ARIZONA CONSTITUTION TO RESTORE STATE AUTHORITY TO MAKE LAND EXCHANGES )City Clerk Kathy Connelly briefed the council on this item. Councilman Coleman MOVED THAT RESOLUTION NO.94-27,"SUPPORTING THE GENERAL ELECTION BALLOT PROPOSITION 101 AMENDING THE ARIZONA CONSTITUTION AND RESTORING THE STATE'S AUTHORITY TO MAKE LAND EXCHANGES WITH FEDERAL,STATE AND LOCAL GOVERNMENTS,WITH INDIAN TRIBES, AND WITH PRIVATE LANDOWNERS"BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 11 OF 15 Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. WITHDRAWAL OF LEASE APPLICATION ON BUREAU OF LAND MANAGEMENT PROPERTY )Parks and Rec.Director Jeff Bell briefed the council on this item. Councilwoman Surra was concerned that the State would not pay attention to the city's request to be first in line when this property is again up for lease. Mr.Bell answered that staff will monitor that to make sure that can happen. Councilwoman Richmond MOVED THAT WE AUTHORIZE WITHDRAWAL OF OUR APPLICATION FOR A RECREATION AND PUBLIC PURPOSES LEASE FOR AN EQUESTRIAN TRAIL TO THE BUREAU OF LAND MANAGEMENT,WITH THE REQUEST THAT SHOULD THE LAND BECOME AVAILABLE IN THE FUTURE FOR RECREATION AND PUBLIC PURPOSES LEASE,THE CITY BE PROVIDED THE FIRST OPPORTUNITY TO REAPPLY. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FIVE-YEAR PARKS AND OPEN SPACE PLAN )Parks and Rec.Director Jeff Bell briefed the council on this item. Councilwoman Richmond MOVED THAT THE FIVE -YEARS PARKS PLAN,AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION, BE APPROVED. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 12 OF 15 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS MAGISTRATE COURT FACILITIES )Vice Mayor Barker stated that the Supreme Court is interested in the possibility of separate quarters for the Magistrate Court from the council chambers.She recommeded that the council be proactive on this matter and consider the possibilities now,and suggested that the the court could use the public safety building when they move over to the new building.She added that the city attorney's office could then move into the court building for extra room.She RECOMMENDED THAT STAFF MEET WITH THE PRESIDING MAGISTRATE AND COME BACK WITH SOME OPTIONS. AS A MOTION. Councilman Hendricks SECONDED THAT Vice Mayor Barker ADDED THAT THEY LOOK FOR COST-EFFECTIVE OPTIONS. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT A WORK SESSION AT 6:00 P.M.AND AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY, NOVEMBER 1,1994,IN THE CITY COUNCIL CHAMBERS AND THE CITY COUNCIL CONFERENCE ROOM RESPECTIVELY;AND THAT A SPECIAL MEETING BE SCHEDULED FOR MONDAY,OCTOBER 17,AT 6:00 P.M.FOR THE PURPOSE OF SELECTING A CITY MANAGER EXECUTIVE SEARCH FIRM BE HELD IN THE CITY COUNCIL CHAMBERS. Interim City Manager George Hoffman asked if staff would be able to bring other items for that special meeting. Vice Mayor Barker AMENDED THE MOTION TO INCLUDE THAT THE SPECIAL MEETING BE 95% FOR THE SELECTION OF THE CITY MANAGER EXECUTIVE SEARCH FIRM AND 5% TO CONSIDER OTHER ITEMS. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 13 OF 15 INFORMATION AND REPORTS Mayor Perkins thanked all those who participated in the Boards and Commissions picnic. Vice Mayor Barker apologized for not attending the picnic because she had to attend a class instead. ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:35 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of September 6,1994. 3.Acceptance of the minutes of the regular meeting of Septgember 20,1994. 4.Acceptance of resignation and approval of appointments to the Parks and Recreation Commission. ACCEPTED THIS 1ST DAY OF NOVEMBER ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF NOVEMBER ,1994. JE Ma ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 14 OF 15 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 4th day of October,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of October,1994. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,1994 PAGE 15 OF 15