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HomeMy WebLinkAbout1993-09-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 7,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 7,1993,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 Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Richmond led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilman Cox City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Lt.Scott Dan Library Director Pam Loui City Engineer Gordon Grandy Acting Development Servs.Director/ Planning Division Manager Jim Nakagawa Ed Hohn,Rocking H R.V. Arizona W.Dean Thorpe,1615 N. Junction Shirley Camboni,1509 W. Junction REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 1 OF 14 Park in Quartzsite, Delaware Dr.,Apache Saddle Butte,Apache Robert Camboni,1509 W.Saddle Butte,Apache Junction William Cams,629 E.10th Ave.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented a proclamation for the 1993 United Way Campaign to Lois Porter,Apache Junction Area Chairman.Mrs.Porter addressed the Council regarding their 1993 campaign. Kay Deakman of Interwest Management updated the Council on the status of the proposed Superstition Mt.Community Facilities District.Engineer Bruce Kolinski briefed the Council regarding the site selection for the sewer plant and some of the engineering aspects. Councilman Perkins asked what would happen if a large number of people who have signed up for the district decided to drop out;how it will affect the project. Ms.Deakman explained the process for signing up and the final stage when all of the parcels will become a member of the whole district;if at that time they do not have as many parcels in the district as there are applications,then everything will be scaled down to less than a two -million gallon a day system. Councilman Perkins asked if people.who have applied to the district will be informed of monthly fees plus the assessment against their property. Deakman answered yesiput she did not know what,that assessment figureidas at this time. Councilman Perkins asked if after the monthly fees and assessment fees go outto people the district has a large number of people dropping out;what is the:feasible cut-out limit for the district to actually go.. into place, Mr.Kolinski answered that it depended onthe geographical areas where people might be dropping out;a dense area dropping out could affect -the- REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 2 OF 14 feasibility for a sewer line and that could be problematic;but the demand for the system appears to be growing rather than dropping. Councilman Perkins stated that it did not answer his question of what the cut-off limit was. Mr.Kolinski answered that,in terms of optimal size,it still depended on the geographical area dropping out;but,if they lost say 30% or 60% of the people,he did not know what the impact would be. Ms.Deakman referred back to Councilman Perkins'question about the assessment fee.She explained the two ways for prorating the share:one way is to pay it through the monthly bills and the other way is to pay the full amount up front during the bonding process. Councilman Perkins asked if a tragedy happens at the sewer plant and EPA fines the district for whatever reasons,where will they get the money for that. Ms.Deakman answered that to her knowledge that money is built in. Councilman Perkins asked if the district has the ability to place a special tax on the properties within the district ifthere is a need for it, or if there are expenses higher than anticipated. Mr.Kolinski -answered that in the case of some tragedy the district could adjust the rate in order to reflect the actual cost of operation of the system,but he did not believe that it would take a special tax. Councilman Perkins stated that his question was still not answered.He added that perhaps this question is not. within Mr.Kolinski's field of specialty,but i t has to be answered truthfully and fully to the citizens. Mr.Kolinski stated that their financial analyst was not with them that evening but he understands.this -is a revenue bond and the district cannot arbitrarily or capriciously issue a tax on the people of the district; however,if a person does not pay the monthly bill,that tax can then be put into effect. Ms.Deakman added that it would be only on the people who do not pay their bill. Mr.Kolinski agreed on that. City Attorney Glenn Gimbut explained that Title 48 could allow the district to impose a special assessment if there was an emergency or problem; however,if the majority of landowners who are in the district opposed it,no assessment can be imposed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 3 OF 14 Councilman Perkins stated that it did not answer his question and that it is the same kind of answer that he and the public have been receiving,but it is not clear. Ms.Deakman suggested to meet with Councilman Perkins to clarify the question and provide an answer from their legal counsel because she did not know that answer. Councilman Perkins agreed with Ms.Deakman. City Engineer Gordon Grandy asked how will the district fund an extension of the project. Ms.Deakman answered that it will be funded through the "reason to expand the plan,"which will come from application fees and connections fees from new users.She encouraged the City Council and the public to meet with her or call in with any questions they might have. Councilman Hendricks asked if Sierra Entrada's septic system will be absorbed by the district and if the fine imposed on that system will also be absorbed by the district. Ms.Deakman answered that she did not believe the district will be picking up that fine and that Sierra Entrada will become a part of the district. Mayor Perkins asked why the district was not under the Corporation Commission. Ms.Deakman answered that this is a non-profit organization,set up as a special community facilities district under the City of Apache Junction, therefore the Corporation Commission does not have jurisdiction over the district. City Attorney Glenn political subdivision. Mayor Perkins asked business community. Gimbut confirmed that stating that this is legally a what kind of reception they are getting from the Ms.Deakman answered that it has been good because the majority of the businesses have applied for the district. CALL TO THE PUBLIC W.Dean Thorpe addressed the Council regarding the use of outside legal counsel on recall matters. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 4 OF 14 Shirley Camboni addressed the Council regarding problems she had faced in dealing with the Construction Code Board of Appeals and her opposition to a police review board. Robert Camboni addressed the Council regarding his problems with the City over his commercial building. William Cams addressed the Council regarding a city -operated sewer system as opposed to a private sewer system;and his opposition to expensive recall actions regardless of his feelings for the person being recalled. Ed Hon addressed the Council regarding his alleged problems with City Attorney Glenn Gimbut while Quartzsite city attorney. Mayor Perkins recessed the meeting at 8:12 p.m.She reconvened the meeting at 8:26 p.m. CITY MANAGER'S REPORT Mr.Lee informed the Council about another Household Hazardous Waste Collection scheduled by the City on October 23rd;parking lot striping at the city complex and the Library;and chip seal of 17 miles of road beginning on September 13th.He reported that action on the Grand View Motel will be delayed because of asbestos found in the building. PUBLIC HEARINGS LIQUOR LICENSE APPLICATION FOR MEGA FOODS ) )City Clerk Kathy Connelly briefed the Council on this item. Mayor Perkins opened the public hearing.There being no one wishing to address the Council on this item,she closed the public hearing. Councilman Coleman MOVED THAT THE APPLICATION FOR A PERSON TRANSFER SERIES 9 LIQUOR LICENSE,SUBMITTED FOR MEGA FOODS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 5 OF 14 ORDINANCE NO.871 (PZ-4-93):REZONING REQUEST BY SHIRLEY MASTRONI,REPRESENTED BY STEVEN MASTRONI Nakagawa briefed the Council on this item recommending approval of the rezoning but number six:that drainage easements occur lots 123 and 124. hearing. _) )Planning Division Manager Jim .He stated that Planning is with a modification to stipulation between lots 124 and 125 instead of Mayor Perkins opened the public Mr.Steven Mastroni,who represented the applicant,explained their reasons for requesting this rezoning. Mayor Perkins asked if anyone else wished to speak on this item.There being no one else,she closed the public hearing. Councilman Coleman MOVED THAT ORDINANCE NO.871 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-4-93 FROM TH (TRAILER HOMESITES) TO CR-3(MH)/PD (SINGLE-FAMILY RESIDENCES WITH MANUFACTURED HOMES PERMITTED BY PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.871,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT STIPULATION NUMBER SIX BE CHANGED TO READ "LOTS 111 AND 112,119 AND 120,AND 124 AND 125 SHALL MAINTAIN 20 -FOOT WIDE UNOBSTRUCTED DRAINAGE EASEMENTS BETWEEN THEM,10 FEET TO THE NORTH AND 10 FEET TO THE SOUTH OF THEIR RESPECTIVE COMMON BOUNDARY LINES." Vice Mayor Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 6 OF 14 VOTE:Unanimous. The motion carried. ORDINANCE NO.872,ESTABLISHING LOCATIONS FOR STOP SIGNS (WITH THE EMERGENCY CLAUSE)) )City Engineer Gordon Grandy briefed the Council on this item. Mayor Perkins opened the public hearing.There being no one wishing to address the Council on this item,she closed the public hearing. Vice Mayor Barker MOVED THAT ORDINANCE NO.872 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE 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,ESTABLISHING LOCATIONS FOR STOP SIGNS IN THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Barker MOVED THAT ORDINANCE NO.872,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.873,AMENDING SECTION 3-7-5 PROFESSIONAL SERVICES (IN GENERAL) briefed the Council on this item. Dr.,spoke opposing the ordinance. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 7 OF 14 Councilman Coleman SECONDED THE )Asst.City Manager George Hoffman Mr.Dean Thorpe,1615 N.Delaware Mr.Hoffman explained why the City sometimes needs to utilize professional services.About the emergency clause, he stated that it was not appropriate for him to discuss the specific instance for which he might need those services,but he would anticipate needing them for a personnel related matter within 30 days. of the ordinance be explained. Mr.Thorpe asked that paragraph "A" City Attorney Glenn Gimbut explained paragraph "A"of Section 3-7-5 of the proposed ordinance.He also explained his limitations in handling certain legal personnel matters. Mayor Perkins asked if there was any one else wishing to speak on this.There being no one else wishing to speak, she closed the public hearing. Vice Mayor Barker MOVED THAT ORDINANCE NO.873 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE 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 -THEMAYORANDCITY;COUNCIL.OF THE CITY OF APACHE JUNCTION,i ARIZONA,AMENDING THEAPACHE.jUNCTION CITY CODE ARTICLE 3-7 CONTRACT PROCEDURE,SECTION 3-7.:-5 PROFESSIONAL SERVICES (IN GENERAL):REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY AND DECLARING -AN EMERGENCY."' Vice Mayor Barker MOVED THAT ORDINANCE NO.873,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. FINAL CAPITAL IMPROVEMENT PLAN FOR FY 1993-94 THRU FY 1997-98 briefed the Council on this item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 8 OF 14 Councilman Hendricks SECONDED THE )City Engineer Gordon Grandy Mayor Perkins opened public hearing. There being no one wishing to address the Council on this item,she closed the public hearing. FINAL CAPITAL IMPROVEMENT PLAN FOR FISCAL APPROVED AS PRESENTED. Vice Mayor Barker MOVED THAT THE YEAR 1993-94 THROUGH 1997-98 BE Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ARCHITECTURAL THEMES FOR 16,000 S.F. PUBLIC SAFETY BUILDING )City Manager Mike Lee briefed the Council on this item.He introduced Ernie Kaiser of Capital Improvement Associates,Inc.and Mike Munninger of Architectural Alliance to speak to the Council. Mr.Kaiser gave a presentation on the architectural themes for the public safety building. Vice Mayor Barker MOVED THAT THE ARCHITECTURAL THEME CONCEPT NO.1 FOR A 16,000 SQUARE FOOT PUBLIC SAFETY BUILDING,AS PRESENTED BY CAPITAL IMPROVEMENT ASSOCIATES,INC.,BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. STREET LIGHT ASSESSMENTS briefed the Council on this item. Councilwoman Richmond SECONDED THE )City Engineer Gordon Grandy Councilwoman Richmond MOVED THAT THE COSTS FOR STREET LIGHT DISTRICTS FOR FISCAL YEAR 1993-94 AS SHOWN ON EXHIBIT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 9 OF 14 "A"IN MEMORANDUM FROM THE CITY ENGINEER TO THE MAYOR AND CITY COUNCIL DATED AUGUST 18,1993,BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AUTHORIZATION FOR INDEPENDENT LEGAL COUNSEL ON MATTERS PERTAINING TO CITY COUNCIL RECALL )City Clerk Kathy Connelly briefed the Council on this item. Councilman Hendricks MOVED THAT AUTHORIZATION BE GIVEN TO STAFF TO USE AN INDEPENDENT LEGAL COUNSEL ON MATTERS PERTAINING TO CITY COUNCIL RECALL. Councilman Perkins SECONDED THE MOTION. VOTE:In favor:Councilman Cox,Councilman Perkins,Councilman Coleman, Councilman Hendricks,Councilwoman Richmond,Mayor Perkins. Opposed:Vice Mayor Barker. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS EXPERIENCE AND CERTIFICATION REQUIREMENTS FOR BUILDING AND SAFETY MANAGER )Mayor Perkins expressed concerns about having the City pay for additional training on the Building and Safety Manager position.She stated that for this position the City already asks for a certification and that the five years experience she did not think was enough experience. Councilman Hendricks agreed with Mayor Perkins. Personnel Officer George Hoffman explained that the City could ask for ten years experience and a masters degree but there needs to be a rational relationship between what the City is asking for and what a position actually needs.He further explained the kinds of problems that the City might encounter if the requirements for a position are higher that necessary.He acknowledged Mayor Perkins'concerns about REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 10 OF 14 hiring someone with a minimum knowledge;agreed to include the certification requirement for the Building and Safety Manager position;and stated that the job description does not have to state the certification. Vice Mayor Barker stated that the certification requirement should also be included in the job description;we cannot announce for a position that has a higher requirement than what the job description has. Mayor Perkins stated that she did not oppose the City promoting employees but she did not agree that the City should pay for their certification if they are expected to have it as part of the job description. Mr.Hoffman stated that staff has been made aware of the Council's concern on that matter.He briefed the Council on information obtained regarding the requirements for Building and Safety Manager from other cities our size. City Attorney Glenn Gimbut stated that the ICB0 certification for a Building Official is a rather comprehensive certification on all of the building codes and that it also offers a number of other different certifications. Mr.Hoffman agreed with that and listed the different certifications under the IC60.He stated that ICB0 is not the only certified agency but also there are others.He mentioned that the City of Phoenix has its own building codes and he did not know whether people would necessarily be IC60 certified or not;but the Council's message was clear for what they wanted. Mayor Perkins mentioned that a city employee wanted to go to a class and he was asked to take his vacation time for that.She stated that if that is fair for one employee it should be fair for all others who want to further their education. Mr.Hoffman agreed that the City should not pay to bring employees up to what they were hired to do and explained that training of staff was necessary sometimes to maintain the level of professionalism and competency up to date. Councilman Perkins agreed with Mr.Hoffman and further commented on the need to keep the skills and knowledge of city employees upgraded,as long as i t is justified. Councilman Hendricks agreed with the continued education of employees,except when that means to bring them up to the qualifications they were supposed to have when they were hired.He did not agree that five years experience in any business is enough time, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 11 OF 14 especially for a department head in the City,but ten years experience and four to five years of administrative supervisory skills,as a minimum. Mr.Hoffman stated that just because people might meet the minimum standards does not mean that they are going to be hired. Councilman Hendricks stated he has seen people who meet the minimum requirements being hired. Councilman Perkins stated that more experienced people require more compensation which the City,under the current budget constraints,may not be able to afford;so,we might hire someone with the minimum qualifications and experience who can be put through some educational courses and training to bring him up to higher standards. Vice Mayor Barker stated she was also concerned that the City would not be able to afford the ten-year experience requirement;that all comments have good points;and that staff is already aware of the Council's concerns on this matter and they will be considered in the hiring of the Building and Safety Manager. Mr.Gimbut pointed out that the closing date for that job opening was August 20,1993.He suggested that the Council direct staff as to what they would like to see hired for that position,but not change the current recruitment process. Councilman Coleman commented that by making the minimum requirements tougher we may also be narrowing our choices; the more applicants we can get the better choices we may have. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDINGI THE EXPERIENCE AND CERTIFICATION REQUIREMENTS FOR THE CITY'Sl BUILDING AND SAFETY MANAGER:THAT THEY BE CONSISTENT WITH THOSE THAT WERE IN THE RECRUITMENT. Councilman Perkins SECONDED THE MOTION. VOTE:In favor:Councilwoman Richmond,Vice Mayor Barker.Councilman Cox, Councilman Coleman,Councilman Perkins. Opposed:Councilman Hendricks,Mayor Perkins. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 12 OF 14 SELECTION OF MEETING DATES.TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,SEPTEMBER 20,1993,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,SEPTEMBER 21,1993,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilwoman Richmond informed the Council about her visit to the Animal Control office.She stated she was positively impressed by the employees' work there. ADJOURNMENT )Mayor Perkins adjourned the meeting at 9:48 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Special Meeting of June 29,1993. 3.Acceptance of the Minutes of the Regular Meeting of August 3,1993. ACCEPTED THIS 21ST DAY OF COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. PNWTR ,1993,BY THE MAYOR AND CITY SIGNED AND ATTESTED TO THIS 22ND DAY OF SEPTEMBER 1993. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 13 OF 14 ATTEST: 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 7th day of September,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of September,1993. Ag e 1THLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,1993 PAGE 14 OF 14