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HomeMy WebLinkAbout1993-12-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 21,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 21,1993 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 7:03 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman City Engineer Gordon Grandy Public Works Supt.Doug Dobson Library Director Pam Loui Associate Planner Rudy Esquivias Finance Director Keith Lewis Frank Fahey,322 W.Foothill St.,Apache Junction Toni Pasquale,946 E.Osage Ave.,Apache Junction Jerry Michaels,715 E.Linda Ave.,Apache Junction Hans Hanson,788 W.Rosal,Apache Junction REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 1 OF 15 ACCEPTANCE OF CONSENT AGENDA CONSENT AGENDA BE ACCEPTED AS PRESENTED.)Vice Mayor Barker MOVED THAT THE Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Finance Director Keith Lewis indicated that Mr.Larry Fester of Starkweather & Fester,P.C.,CPA,was not in yet to speak to the Council regarding the Audited City Financial Statements for the year ended June 30, 1993.He briefed the Council on this matter. CALL TO THE PUBLIC Mr.Jerry Michael thanked the Council for allowing the Civilian Police Academy and encouraged others to attend. Mrs.Toni Pasquale addressed the Council on the Superstition Area Land Trust and urged them to support and become involved in the organization. Mr.Frank Fahey addressed the Council regarding the possible opening of a section of Foothill Street. Mr.Hans Hanson addressed the Council regarding the good job done by city staff in enforcing the weed control regulations and asked the Council to consider adopting regulations prohibiting the sale of spray paint to juveniles and asked the Council to make parents and guardians aware that they are responsible for the activities of their children. CITY MANAGER'S REPORT City Manager Mike Lee reported on the citywide Clean -Up Week;completion of Murphy Road paving;paving of a portion of Baseline;the landfill survey; and city entry way sign. Mr.Larry Fester of Starkweather & Fester,P.C.,CPA,arrived and spoke to the Council regarding the Audited City Financial Statements for the year ended June 30,1993. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 2 OF 15 PUBLIC HEARINGS RESOLUTION NO.93L23,ESTABLISHING A, DEFERRED COMPENSATION PLAN FOR THE CITY OF APACHE JUNCTION )Asst.City Manager George Hoffman briefed the COuncil on this item.He introduced Mr.Tom Moore,Arizona State Director for-PEBSCO,to answer any questions the Council might have.He asked Mr.Moore to:explain the array of investment alternatives for employees and how they are:apprised of those investments. Mr.Tom Moore,425 W.Paseo Redondo-. in Tucson,- answered that their Deferred Compensation program consists of 20 investment- options.He explained the primary investment option which is the fixed account,which relates to a savings account,and.the earnings from investing in mutual funds.He stated that city employees will have an understanding -_of the different investment options that are available and that they do not encourage people to:invest their money where they do not understand- how that investment might work. Mr.Hoffman asked Mr.Moore to explain the relationship between PEBSCO and the City. Mr.Moore answered that PEBSCO has an annual contract with the U.S.Conference of Mayors to provide deferred compensation programs for different cities throughout the United States.He further explained that PEBSCO serves at the pleasure of the U.S.Conference of Mayors as i t relates to the different cities and towns throughout the United States,so the U.S.Conference of Mayors is like a big brother who watches over the program and makes sure that it is in compliance at all times. Mayor Perkins opened the hearing to the public.There being no one wishing to speak,she closed the public hearing. who were on the committee and worked RESOLUTION NO.93-23,ESTABLISHING A OF APACHE JUNCTION,BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 3 OF 15 Mr.Hoffman thanked city employees on this deferred compensation program. Vice Mayor Barker MOVED THAT 'DEFERRED COMPENSATION PLAN FOR THE CITY Councilman Hendricks SECONDED THE ORDINANCE NO.884,ESTABLISHING A POLICY RELATED TO THE USE OF SECTION 457 RETIRE- MENT FUNDS (WITH THE EMERGENCY CLAUSE)) )Asst.City Manager George Hoffman asked the City Attorney if the use of "and/or"in Section II,second sentence, was appropriate. that it was appropriate. City Attorney Glenn Gimbut explained Mayor Perkins asked if anyone had any questions for Mr.Hoffman.There being no one wishing to ask any questions,she asked for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO.884 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA,ESTABLISHING A POLICY RELATED TO THE USE OF INTERNAL REVENUE CODE, SECTION 457 RETIREMENT FUNDS,AND REQUIRING BOTH NOTICE AND A PUBLIC HEARING IF FUNDS ARE ALLOCATED FOR OTHER THAN RETIREMENT BENEFITS OR IF THE PROVISIONS OF THIS ORDINANCE ARE TO BE AMENDED OR REPEALED;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Barker MOVED THAT ORDINANCE NO.884,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 4 OF 15 ORDINANCE NO.883,AMENDING CITY CODE CHAPTER 12 TRAFFIC,SECTIONS 12-3-9 AND 12-4-1,RESTRICTING USE OF PRIVATE PROPERTY FOR THE PARKING OF CERTAIN VEHICLES )City Clerk Kathy Connelly briefed the Council on this item. City Attorney Glenn Gimbut stated that he sent a copy of the ordinance to the police department but he did not consult any police officers.He stated he worked together with Doug Dobson, Public Works Superintendent. Ms.Connelly asked if Officer Williams of Code Enforcement saw the ordinance. Mr.Gimbut answered he did not know. He asked Officer Williams if he saw draft "B"of the proposed ordinance. Officer Williams answered he did not see it so he did not know other than what he and Mr.Gimbut talked about and knowing in general what it said.He stated he thought we were on the right track with this. Vice Mayor Barker asked if this has not gone through the police department so that we are sure that this is an enforceable ordinance. Mr.Gimbut answered that i t is enforceable but the question is if this makes sense to the police department from an enforcement stand point.He further explained the different vehicle weights. Councilman Hendricks noticed that Mr.Dobson indicated in his memo that a semi with a trailer is roughly eighty thousand pounds and he asked what was the weight of a tractor.He added that the complaints he is getting are about the noisy tractors. (Mr.Dobson answered away from the microphone so it was inaudible.) Councilman Hendricks was concerned that tractors were covered in the ordinance. Mr.Gimbut stated that according to Mr.Dobson,the gross vehicle weight rating is not just the weight of the vehicle but the weight of what it can haul is added in;because a tractor even without the trailer can haul such amount of weight,it will always have a high rating. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 5 OF 15 noise ordinance some complaints not belong in a Councilman Coleman asked if our would not cover the noise of the tractor. Councilman Hendricks replied that are about the noise and some people believe that tractors do residential neighborhood. Mayor Perkins mentioned that she had received similar complaints. Councilwoman Richmond MOVED THAT ORDINANCE NO.883 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 clarified that the ordinance marked with a "B" was the correct one.She read:"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 12 TRAFFIC,SECTION 12-3-9 PARKING TRUCKS,TRAILERS AND SIMILAR VEHICLES ON STREETS IN RESIDENTIAL ZONES AND SECTION 12-4-1 WEIGHT RESTRICTIONS WITHIN RESIDENTIAL AREAS AND OTHER ROADS,BY PROHIBITING THE PARKING OF CERTAIN VEHICLES ON PRIVATE PROPERTY AND THE USE OF PUBLIC STREETS TO ACCESS SUCH PARKING;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Richmond MOVED THAT ORDINANCE NO.883,AS READ BY THE CITY CLERK,BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.868,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 5 MAGISTRATE COURT,ARTICLE 5-2 PRESIDING OFFICER, SECTIONS 5-2-1,5-2-2 AND 5-2-3,AND ARTICLE 5-5 COURT PERSONNEL )City Attorney Glenn Gimbut stated that Mr.Bob Wininger of the Supreme Court asked if this matter could be moved REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 6 OF 15 to January because he did not have the opportunity to review this particular ordinance. Vice Mayor Barker MOVED THAT THIS ITEM BE MOVED TO THE JANUARY 18TH MEETING. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 7:50 p.m.She reconvened the meeting at 8:05 p.m. OLD BUSINESS FUNDING OPTIONS FOR DEVELOPMENT OF RODEO ARENA AT RODEO PARK ON LOST DUTCHMAN BOULEVARD )City Manager Mike Lee briefed the Council on this item. Councilman Hendricks asked if we are going to call it rodeo grounds or events center. Mr.Lee answered that he was calling it rodeo grounds because he is referring to the immediate needs which is the rodeo arena;that the masterplan for the long-term development could be special events center. Councilman Hendricks thanked Mr.Lee for coming up with funding options for this project. Councilman Hendricks MOVED THAT WE APPROVE THE USE OF BOND INTEREST EARNINGS TO PROVIDE THE PLANNED IMPROVEMENTS AT THE RODEO GROUNDS UP TO $100,000. Vice Mayor Barker SECONDED THE MOTION. Councilman Coleman asked if they needed to designate that as part of Prospector Park. Mr.Lee answered yes. Councilman Coleman AMENDED THE MOTION TO INCLUDE THE RODEO GROUNDS AS PART OF THE PROSPECTOR PARK PROJECT. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 7 OF 15 Vice Mayor Barker SECONDED THE AMENDMENT. AMENDMENT VOTE:Unanimous. The motion carried. MAIN VOTE:Unanimous. The motion carried. Councilman Hendricks commended those people who worked in putting together all of the information about this project. Mr.Lee added that there needed to be a follow up meeting with those same people. NEW BUSINESS APPEAL OF DENIAL FOR LSM-93-012,A LAND SPLIT REQUEST BY AL AND NORMA BELLUCCI ) )Associate Planner Rudy Esquivias briefed the Council on this item. same kind of problem herself. Mayor Perkins mentioned she had the Vice Mayor Barker asked if the larger portion of the property were ,to be sold to another party,that party could split it. Mr.Esquivias answered yes,if the Belluccies sold that two -and -a -half -acre property to someone who was not related to them or who was not in the business partnership with them. Vice Mayor Barker MOVED THAT DECISION. FOR DENIAL OF THE DEVELOPMENT SERVICES DIRECTOR IN CASE LSM-93-012,A LAND SPLIT REQUEST BY AL AND NORMA BELLUCCI,BE UPHELD. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 8 OF 15 GENERAL PLAN TASK FORCE CHRONIC ABSENTEE MEMBERS )Associate Planner Rudy Esquivias briefed the Council on this item.He further stated that the resignations from Maurice Metzger,Mary Coyne,and Glen Allen needed to be accepted by the Council.He introduced Mr.Houck,chairman of the task force,to answer any questions the Council might have. Mr.Neil Houck,1505 S.Sixshooter Road,stated that the task force is down to eleven members from seventeen and they could not afford to lose any more members regardless.He explained some of the reasons why some of the members could not attend some of the meetings which he felt were excusable reasons.He stated the task force is in the final stages of their work and he would not like to see eliminating any members. Councilman Hendricks asked if the original seventeen members had contributed something. Mr.Houck answered the task force lost three members fairly early and later they lost two more but these were good contributors.He added that a couple of the members who have been absent the most because of their work are among the best contributors and he would not like to see them go. Councilman Hendricks agreed that volunteers should try to attend the meetings but they should not be penalized if they can't,especially if they contribute something.He asked if after so many meetings missed,task force members had to be removed. Mr.Houck answered that was never established but the task force wants members there every time because their contribution is needed in their work.He suggested that the Council could talk to these members,but even talking to them might discourage their future contributions. Vice Mayor Barker asked if Mr.Houck prefers those task force members to stay,why this item is on the agenda. Mr.Houck answered he did not know. Mr.Esquivias stated this item was voted on by the entire task force. Mr.Houck acknowledged that. Vice Mayor Barker stated that removing any members would not get better attendance and since Mr.Houck has spoken to some of them,perhaps a Council representative could write a letter REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 9 OF 15 to encourage those people to attend and thank them for their participation in the past and for their valuable participation in the future. Councilman Coleman agreed on that. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHRONIC ABSENTEE MEMBERS OF THE GENERAL PLAN TASK FORCE:THAT A LETTER BE SENT TO ALL MEMBERS OF THE TASK FORCE THANKING THEM FOR THEIR PARTICIPATION AND ENCOURAGING THEM TO CONTINUE. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilwoman Richmond asked if the Council needed to accept the resignations that were mentioned earlier. not on the agenda. Mayor Perkins answered that it was RESOLUTION NO.93-22,PROVIDING NOTICE OF THE MARCH 15,1994 SPECIAL ELECTION )City Clerk Kathy Connelly briefed the Council on this item. Councilman Perkins MOVED THAT RESOLUTION NO.93-22,PROVIDING NOTICE OF A SPECIAL ELECTION;ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN;AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. EMPLOYMENT SEPARATION AGREEMENT WITH WILLIAM E.MCDANIEL IN CONNECTION WITH MR.MCDANIEL'S PLANNED RETIREMENT )Asst.City Manager George Hoffman briefed the Council on this item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 10 OF 15 received many leave; if so, are allowed to the City up to illnesses, and them. Mayor Perkins stated she has telephone calls regarding allowing employees to accumulate sick how much and if not, why in this case. Mr. Hoffman answered that employees accumulate sick leave thirty days from the time they start with 480 hours, that there is a provision for catastrophic the employee continues to accrue sick leave hours as they earn Mayor Perkins asked if we are setting a precedent in this case. Mr. Hoffman explained this is being proposed as a separation agreement and it's in the context of the separation agreement and it's also in the context of a public safety medical disability retirement; whether this was a legal binding precedent, he would refer it to the City Attorney; as a practical matter, he asked his assistant for the number of medical disability retirements up to date. Personnel Assistant Jackie Trevino answered there have been two within the last five years. in the police department. Mr. Hoffman asked if those happened Ms. Trevino confirmed that. Mr. Hoffman added that the concept of reimbursing employees for sick leave hours is something that has been considered conceptually in personnel management offices, specifically with regard to some sort of incentive system that would encourage employees to be frugal with the utilization of their sick leave. He further explained that. Mayor Perkins stated that the proposed agreement read that "nothing in it shall be construed as an admission by the Chief or the City of improper conduct, admissions of liability, and if the Chief applies for a job in the future and prospective employees call the City for information, the City will provide only the dates of employment, last position held and rate of pay, as a complete bar to any action or suit before any court." She asked for an explanation. Mr. Hoffman answered that he would let the City Attorney explain the denial of liability and bar. He stated that regarding the references section, he has been advised by the attorney of Lewis and Roca who through Southwest Risk represents the City in personnel matters and explained their advice regarding making comments to a prospective employer about that employee or failing to give information about that employee. He REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21, 1993 PAGE 11 OF 15 stated that the reason for that is that there is potential for a legal challenge. City Attorney Glenn Gimbut explained that these terms are more or less stock sections that go with an agreement of this type;that denial of liability makes it very clear that neither one of the parties is,by entering into this agreement,admitting any wrongdoing.He stated that the bar clause is in conjunction with the release clause and that the purpose of a separation agreement is to make sure that the separation from service is clean,clear,and done;that the City is getting out of the bargain a release of any claims in case they may exist;that the bar clause works with the release clause to say that this agreement may be pleaded as a complete bar in any action or suit before any court;in other words,if a claim should be presented against the City,under this agreement we cannot be sued. Mayor Perkins asked if Chief McDaniel,who is leaving under medical disability,later decides to work elsewhere,will the City continue to pay his retirement as disability. Mr.Hoffman stated that the City will not be paying the medical disability retirement and he explained that. Mayor Perkins asked if under the medical disability retirement the Chief would not be disabled to work. Mr.Hoffman answered that there might be a set of rules where it could,depending on the type of work, depending on the number of hours,but that would have to be brought up to the Public Safety Retirement System. Vice Mayor Barker MOVED THAT WE AUTHORIZE THE CITY MANAGER TO ENTER INTO AN EMPLOYMENT SEPARATION AGREEMENT WITH WILLIAM E.MCDANIEL IN CONNECTION WITH MR.MCDANIEL'S PLANNED RETIREMENT; AND FURTHER,THAT WE AUTHORIZE,AS CONSIDERATION,PAYMENT OF A SUM EQUALING THE ACCUMULATED SICK TIME FOR MR.MCDANIEL THROUGH JANUARY 28,1994. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SD -1-93:SUBDIVISION PLAT FOR QUAIL CREEK CONDOMINIUMS )Associate Planner Rudy Esquivias briefed the Council on this item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 12 OF 15 Councilwoman Richmond asked if this conversion from rental apartments to condominiums would affect fixed -income tenants. Mrs.Colleen Ender,owner of Quail Creek Apartments at 1440 N.Idaho Road,answered they did not have any low- income tenants. Councilwoman Richmond asked if this would require any of the tenants to move. Mrs.Ender answered that tenants would have an opportunity to buy the condominium but mostly,this is an investment opportunity for outside owners who would rent them out for the profit they might be able to make. Councilman Perkins MOVED THAT THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION APPROVE CASE SD -93-01,THE FINAL SUBDIVISION PLAT FOR QUAIL CREEK CONDOMINIUMS:A REQUEST BY COLLEEN ENDER TO CONVERT QUAIL CREEK APARTMENTS INTO QUAIL CREEK CONDOMINIUMS,SUBJECT TO THE FOLLOWING STIPULATION:THAT THE PRELIMINARY PLAT FEE OF $500 BE WAIVED AND THE SUBMITTED PLAT BE ACCEPTED AS THE FINAL PLAT. 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, EXECUTIVE SESSION BE HELD AT 6:00 CITY COUNCIL CONFERENCE ROOM. that the executive session is for performance review. VOTE:Unanimous. The motion carried. LOCATIONS,AND PURPOSES Councilwoman Richmond MOVED THAT AN P.M.ON TUESDAY,JANUARY 18,1994,IN THE City Clerk Kathy Connelly clarified the purpose of the City Attorney's REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 13 OF 15 INFORMATION AND REPORTS Mayor Perkins reported that on Saturday,December 18th,she and other council members and city staff attended a farewell party for the departing Governor of the Gila River Indian Reservation.She informed the Council that Mary Thomas was elected new governor and that she was the first woman in that position. She also reported that she met with Mayor Wilbert Brown of the Town of Gilbert for lunch at his request. ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:57 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of December 7,1993. ACCEPTED THIS 18TH DAY OF JANUARY ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF JANUARY ATTEST: City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 14 OF 15 ,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 21st day of December,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of December,1993. ZeXe rc,— KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 21,1993 PAGE 15 OF 15