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HomeMy WebLinkAbout1994-12-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 20,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 20,1994,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 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 Councilman Coleman Councilwoman Surra Staff Present:Interim 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 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 Others Present:Mrs.Robin Barker,860 S.Saguaro Dr.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 1 OF 13 ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; THAT MR.JOHN SCHOEPH BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,1996; THAT AUTHORIZATION BE GIVEN TO THE INTERIM CITY MANAGER TO PROCEED WITH USING PROFESSIONAL LEGAL SERVICES TO REPRESENT THE CITY BEFORE THE HEARING OFFICER AND,IF NECESSARY,IN COURT;AND THAT LEWIS & ROCA BE SELECTED TO PROVIDE THE LEGAL SERVICES. THAT WE SELECT THE NAME OF GOLDMINER'S PARK FOR THE PARK LEASED BY THE CITY LOCATED AT 16TH AVENUE AND IRONWOOD DRIVE; THAT WE AWARD PROJECT ENG 94-07 FOR TWO CITY ENTRY SIGNS TO GRACE SIGN COMPANY FOR THEIR BID OF $15,730 PLUS 10% TO COVER UNFORESEEN CHANGES; THAT WE AUTHORIZE THE INTERIM CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR BRIDGE SCOUR EVALUATION AND ANALYSIS; THAT WE AUTHORIZE THE INTERIM CITY MANAGER TO SIGN DOCUMENTS FOR THE CITY OF APACHE JUNCTION RELATED TO PERMANENT EASEMENTS AND QUITCLAIM DEED FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY; THAT RESOLUTION NO.94-35,"PLEDGING MATCHING FUNDS IN SUPPORT OF A TREE PLANTING APPLICATION TO THE 1995-96 NATURAL RESOURCES DEVELOPMENT PROGRAM"BE APPROVED: THAT ALL BIDS FOR PROJECT PW 94-01A FOR A USED WATER TRUCK BE REJECTED. THAT WE AUTHORIZE STAFF TO PROCEED WITH MODIFICATIONS IN THE HOUSING REHABILITATION PROGRAM TO ASSIST LOW-INCOME FAMILIES WITH FUNDS FOR HOOKING TO THE SEWER SYSTEM;AND THAT WE RATIFY THE DECISION OF THE INTERIM CITY MANAGER TO EXECUTE A CHANGE ORDER WITH A.W.ARCARO AND COMPANY,INC.FOR THE LIBRARY FIRE PROTECTION SPRINKLER SYSTEM REVISIONS IN THE AMOUNT OF $12,048.00,AND TO AUTHORIZE THE MANAGER TO EXECUTE SUCH OTHER CHANGE ORDERS AS MAY BE NECESSARY FOR THE COMPLETION OF THE APACHE JUNCTION LIBRARY ADDITION NOT TO EXCEED AN ADDITIONAL 1% OF THE AWARDED CONTRACT AMOUNT. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 2 OF 13 AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Robin Barker addressed the council and asked for community support in replacing food and Christmas gift items stolen from Project Help over the weekend. Inus Holt addressed the council and asked them to allow the rezoning of her property at 1081 S.Meridian. CITY MANAGER'S REPORT Interim City Manager George Hoffman postponed his report due to the lengthy agenda. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY CHAMBER OF COMMERCE FOR LOST DUTCHMAN DAYS )City Clerk Kathy Connelly briefed the council on this item. Mr.Mike Sleeseman,Chamber of Commerce Vice President,spoke in favor of their application. Mayor Perkins opened the public hearing.There being no one wishing to speak on this item,she closed the hearing. Councilwoman Richmond MOVED THAT THE SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE CHAMBER OF COMMERCE FOR THE 1995 LOST DUTCHMAN DAYS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 3 OF 13 ORDINANCE NO.918,PZ-94-08,REZONING REQUEST BY DELUVINA ADAMS REPRESENTED BY ROY BAREFOOT )Planning Division Mgr.Jim Nakagawa briefed the council on this item and recommended approval with stipulations. Mayor Perkins opened the public hearing.There being no one wishing to speak,she closed the hearing. Councilman Coleman MOVED THAT ORDINANCE NO.918 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,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-94-08,FROM GR (GENERAL RURAL)TO CR-1(MH),SINGLE-FAMILY RESIDENTIAL (CONVENTIONAL OR MANUFACTURED HOMES PERMITTED ON 20,000 SQUARE -FOOT MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.918,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.919,AMENDING CITY CODE CHAP- TER 3 ADMINISTRATION BY ELIMINATING FIRE SERVICE AND CHANGING THE APPROVAL PROCESS FOR D.P.S.POLICY AND PROCEDURES MANUAL ) )Chief Galloway briefed the council on this item. Mayor Perkins opened the public hearing.There being no one wishing to speak,she closed the hearing. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 4 OF 13 Councilman Hendricks MOVED THAT ORDINANCE NO.919 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 BY AMENDING ARTICLE 3-6 DEPARTMENT OF PUBLIC SAFETY BY AMENDING SECTIONS 3-6-2,3-6-3,3-6-4,3-6-5 AND 3-6-6;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Hendricks MOVED THAT ORDINANCE NO.919,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.921,AMENDING CITY CODE CHAPTER 6 ANIMALS PERTAINING TO THE KEEPING AND REGULATION OF DOGS AND PROHIBITING WILD ANIMALS )City Clerk Kathy Connelly briefed the council on this item. City Attorney Glenn Gimbut briefed the council on the addition of a section for special permits. Vice Mayor Barker MOVED THAT ORDINANCE NO.921,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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 5 OF 13 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 6 ANIMALS,ARTICLE 6-1 RULES AND REGULATIONS,6-1-1(C)DANGEROUS ANIMALS;AND BY ADDING NEW SECTIONS TO BE ENTITLED AND NUMBERED AS SECTION 6-1-6 COMMERCIAL ANIMAL KENNELS; SECTION 6-1-7 PERSONAL ANIMAL KENNELS;SECTION 6-1-9 WILD ANIMALS;SECTION 6-1-10 VIOLATIONS;AND RENUMBERING SECTIONS 6-1-8 VETERINARY HOSPITALS TO CONFORM;AND AMENDING ARTICLE 6-2 IMPOUNDING GENERALLY,SECTION 6-2-8 IMPOUNDING FEES;ARTICLE 6-3 DOGS,SECTIONS 6-3-2 (A)AND (B)LICENSES AND TAGS GENERALLY,SECTION 6-3-5 (B)IMPOUNDMENT AND SECTION 6-3-6 (B)BITING DOGS;AND ADDING A NEW ARTICLE 6-10 BIRD FIGHTING;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Barker MOVED THAT ORDINANCE NO.921,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: 1)THAT IN SECTION 6-1-6,SUBSECTIONS A AND B,THE WORDING OF "MORE THAN SIX ANIMALS OF THE SAME SPECIES..."BE CHANGED TO "MORE THAN FIVE ANIMALS OF THE SAME SPECIES...";AND 2)THAT IN SECTION 6-1-9,SUBSECTION B,THE LISTINGS SHOWN UNDER NUMBERS 2,3 AND 20 BE DELETED AND THE LIST RENUMBERED TO CONFORM;AND 3)THAT IN SECTION 6-1-9 A NEW SUBSECTION C BE ADDED AS PROPOSED BY THE CITY ATTORNEY AND PRESENTED TO US TONIGHT. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.922,AMENDING CITY CODE CHAPTER 4 FEES BY ADDING A NEW ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE )City Clerk Kathy Connelly briefed the council on this item. Mayor Perkins opened the public hearing.There being no one wishing to speak,she closed the hearing. Councilwoman Surra asked how this ordinance would be enforced as far as licensing. Chief Galloway answered it would have to be upon a complaint. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 6 OF 13 City Attorney Glenn Gimbut suggested that a commercial license could be tracked through business licensing. Interim City Manager George Hoffman suggested to publish this information to make the public aware of the new law. Councilwoman Surra asked staff to find ways to implement this new ordinance. Vice Mayor Barker commented that animal laws are difficult to implement. Vice Mayor Barker MOVED THAT ORDINANCE NO.922,WITH THE EMERGENCY CLAUSE,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 BY ADOPTING A NEW ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE;PROVIDING FOR AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Barker MOVED THAT ORDINANCE NO.922,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT A NEW SECTION 0 BE ADDED ENTITLED "SPECIAL PERMIT FEE" WITH FEES TO BE LISTED AS NON-PROFIT EDUCATIONAL INSTITUTIONS -NO FEE; ALL OTHERS -$50.00;LATE FEE -$15.00. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.94-33,RESOLUTION OF INTENTION FOR A STREET LIGHT IMPROVEMENT DISTRICT )City Engineer Gordon Grandy briefed the council on this item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 7 OF 13 Mayor Perkins opened the public hearing. Mr.Jerry Michaels,715 E.Linda, president of Palm Springs Homeowners Assn.,spoke in favor of this item. Vice Mayor Barker MOVED THAT RESOLUTION NO.94-33,"DECLARING ITS INTENTION TO CREATE A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA DESCRIBED AS PALM SPRINGS SUBDIVISION,PALM SPRINGS SUBDIVISION UNITS 2,3,4,7,10,11,12, 14,AND OTHER UNSUBDIVIDED AREA DEFINED AS PARCELS 297,298 AND 299 FOUND ON PINAL COUNTY ASSESSORS MAP NUMBER 102-03,1 OF 6,PINAL COUNTY,ARIZONA"BE APPROVED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.93-34,GENERAL PLAN UPDATE ) )Planning Division Mgr.Jim Nakagawa briefed the council on this item. Mayor Perkins opened the public hearing.There being no one wishing to speak,she closed the hearing. Councilman Perkins asked why the Planning and Zoning Commission and the General Plan Update task force differed on their recommendations for parcels on Mountain View and Southern. Mr.Rudy Esquivias explained that the task force decided that since there were pre-existing mobile homes in the area,they should leave it for a mobile homes development;the commission's view was that because there are only a few mobile homes they should restrict this area for conventional homes. Councilman Perkins asked if there were any more areas that fell under this criteria. Mr.Esquivias answered... (unintelligible due to speaking away from the microphone) Councilman Perkins asked if the study on mobile homes regulations that staff was doing will have an effect on the General Plan. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 8 OF 13 Mr.Nakagawa explained that there will be a potential impact. Councilman Perkins asked if they should postpone this item until the study comes back to the council. Mr.Nakagawa explained he did not anticipate any changes to the manufactured homes policy in the immediate future but rather several months to a year after these changes are adopted. Mayor Perkins commended Mr.Nakagawa for the packet of information they provided to the council. Councilwoman Surra also commended the task force for a job well done. this time.) OLD BUSINESS None. NEW BUSINESS PRE -ANNEXATION AGREEMENT WITH GOLDEN VISTA RV RESORT briefed the council on this item. Resort which included the law firm of Kil the annexation and the agreement. the kind of support evidenced by the resi Golden Vista RV Resort,explained that in of residents present were in favor of the petition. petition be submitted to the City Clerk's THE PRE -ANNEXATION AGREEMENT WITH GOLDEN REQUIREMENTS. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 9 OF 13 (No council action was necessary at ) )City Attorney Glenn Gimbut Representatives of Golden Vista RV lian,Legg,et al,spoke in favor of Councilwoman Surra inquired about dents. Mr.Jason Morrison,president of a meeting last October the majority annexation and some of them signed a Mr.Gimbut asked that a copy of the office. Vice Mayor Barker MOVED TO APPROVE VISTA RV RESORT FOR BUILDING CODE Councilwoman Surra SECONDED THE MOTION. Vote:Unanimous. The motion carried. INTER -GOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR PROVIDING BUILDING PERMIT SERVICES WITHIN CERTAIN TERRITORY WHICH IS PROPOSED TO BE ANNEXED INTO CITY LIMITS) )City Attorney Glenn Gimbut briefed the council on this item. Councilwoman Surra MOVED TO AUTHORIZE THE INTERIM CITY MANAGER TO ENTER INTO AN INTER -GOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR BUILDING PERMIT SERVICES WITHIN CERTAIN TERRITORY WHICH IS PROPOSED TO BE ANNEXED INTO OUR CITY LIMITS. Councilwoman Richmond SECONDED THE MOTION. Councilman Coleman inquired about the difference between the draft agreement included in the agenda packet and the one submitted by the County. City Attorney Glenn Gimbut explained that the County was proposing some changes to the agreement. Interim City Manager George Hoffman clarified that the motion should authorize the Mayor and not him to enter into this agreement. Councilwoman Surra amended her motion TO AUTHORIZE THE MAYOR RATHER THAN THE INTERIM CITY MANAGER TO ENTER INTO THIS AGREEMENT. Councilwoman Richmond SECONDED THE AMENDMENT. Vote:Unanimous. The motion carried. CONTRACT FOR CITY ATTORNEY )Vice Mayor Barker MOVED TO SCHEDULE A SPECIAL EXECUTIVE SESSION ON JANUARY 4,1995,AT 6:00 P.M.FOR THE PURPOSE OF DICUSSING PERSONAL ISSUES REGARDING THE CITY ATTORNEY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 10 OF 13 Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. 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,JANUARY 16,1995,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,JANUARY 17,1995,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Chief Galloway briefed the council on the school's Teen Town Hall held on December 14. ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:06 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of December 6,1994. 3.Appointment of Mr.John Schoeph to the Library Board for a term to expire June 30,1996. 4.Approval to utilize professional legal services and selection of a law firm for a personnel matter. 5.Selection and approval of a park name for leased park property at 16th Avenue and Ironwood Drive. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 11 OF 13 6.Approval and award of bid to lowest responsible bidder for Project ENG 94-07 city entry signs. 7.Approval and authorization for Interim City Manager to enter into an Intergovernmental Agreement with Arizona Department of Transportation for bridge scour analysis. 8.Approval and authorization for the Interim City Manager to sign deed and easement accepting Quit Claim Deed and granting easements to the Flood Control District of Maricopa County. 9.Approval of proposed Resolution No.94-35,supporting the tree planting initiative titled "The Natural Resources Development Program." 10.Award of bid for Project PW 94-01A for a used water truck. 11.Approval to update and modify Housing Rehabilitation Program to establish a program to assist qualifying low-income households to connect to the sewer system. 12.Ratification of Interim City Manager's action to approve change order for the library fire protection sprinkler system. ACCEPTED THIS 17TH DAY OF JANUARY,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JANUARY,1995. P t , REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 12 OF 13 ATTEST: zTa2=r, KATHLEEN CONNEg4-4-4 CityCity 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 20th day of December,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of December,1994. KATHLEEN CONWELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20,1994 PAGE 13 OF 13