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HomeMy WebLinkAbout1992-07-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 7,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 7,1992 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:04 INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: p.m. City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Public Works Director Rich Broman Mr.William Cam s,629 E.10th Ave. Mr.Jim Hurst,1065 N.San Marcos Dr.,Apache Junction Mr.Keith Hilgendorf,1075 W.Smoketree St., Apache Junction Mr.John S.Granillo, Mr.Larry Miller,4007 W.Maryland Ave.,Phoenix 85019 Mr.David Beasley,1428 W.Greasewood,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 1 OF 26 Ronnette Frazier,1074 N.Gold Dr.,Apache Junction Mr.Ralph Rentzel,5775 E.Shiprock St.,Apache Junction Mr.Skip Mingle,111 N.Silver Dr.,Apache Junction Mrs.Jean Perkins,616 N. •Cactus,Apache Junction Mr.Bill Chamberlain,980 E.Scenic St.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESIGNATION OF JOHN GRANILLO,SR.FROM THE BOARD OF DIRECTORS OF THE MUNICIPAL PROPERTY CORPORATION,BE ACCEPTED;AND THAT THE AGREEMENT WITH PRESIDING MAGISTRATE CORWIN BRUNDRETT AND AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT,BE APPROVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented a plaque to former City employee Michael McMillan for his work and service. CALL TO THE PUBLIC Mrs.Jean Perkins addressed the Council regarding the termination of former Judge Villarreal and a possible conflict of interest between Court Operations Director Mercer Weiskotten and Councilman Perkins. Mr.Bill Chamberlain,980 E.Scenic Street,spoke on behalf of a group of citizens who wish to have a change on the City Ordinance Article 10-1-8,Subsection C,first paragraph.He read the proposed change as follows:"Electrically charged fence shall be permitted only in zoning districts which permit the keeping of livestock and shall be erected,maintained,only for the keeping of animals permitted by Arizona Game and Fish."He further explained to the Council their reasons for requesting this change. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 2 OF 26 CITY MANAGER'S REPORT City Manager Mike Lee reported that the City is working with the School District towards some parking lot and access road improvements for the schools;the schools will provide the materials and the City the equipment and labor and in return the City will use the schools facilities for recreation and other programs.This will begin about August 1st and should be completed about the middle of the month. Mr.Lee reported on "Project Pride"which was conducted by the Building Division in conjunction with the Clean and Beautiful Committee;this project was done to help the neighborhood in the Palm Springs mobile home area to clean up their property.He commended City employees and their families along with members of Clean and Beautiful for volunteering their time and effort. He stated that the City provided for the landfill disposal fees. PUBLIC HEARINGS RESOLUTION NO.92-09,PA -1-92 )Planning Division Manager Jim Nakagawa stated that last April the Council directed staff and the Planning & Zoning Commission to study the issue of whether a public street or a private easement should be in place.He stated that in May the Planning & Zoning Commission conducted a hearing and many people in the neighborhood desire that a public street not be in place.He pointed out that some of the properties in the areas may not be aware that without a public street or a legal private easement they would not be able to get any more building permits in the areas because the City would normally require proof of access.He stated that recommendation from Planning was to not create a private easement and he further explained the reasons. Assistant Planner Rudy Esquivias listed the options available to the Council,as follows:1)since the Planning & Zoning Commission did not make a recommendation,send it back to them for a full recommendation;2)deny the private access easement and the land split; 3)approve the private access easement to be located on Mrs.Tyrer's lot only and indicate the improvement requirements;4)consider the possibility of creation of a street;the effect of this would be to deny the private access and once again postpone the possible land split for a future date after a public street has been designated. Mr.Skip Mingle,111 N.Silver Dr., spoke on behalf of a group of neighbors in the area who oppose to the private access easement. Mr.Ralph Rentzel,5775 E.Shiprock St.,spoke on behalf of property owners who wish things to remain as they are now. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 3 OF 26 Ms.Ronnette Frazier,1074 N.Gold Dr.,stated there is a natural wash through her property and Mrs.Tyrer's property who wants a culvert put in there so that she can drive over it.She stated they have problems with debris catching in the fences which causes flooding.She was concerned that with the culvert in place her house will be flooded and asked who will be responsible if that happens. City Engineer Gordon Grandy replied that would be a civil matter between property owners. Mr.David Beasley,1428 W. Greasewood,spoke against. Mr.Larry Miller,4007 W.Maryland Ave.in Phoenix,spoke on behalf of Arizona Federal Credit Union.He stated they own property there and they need some type of access,so they are interested in the Council's decision on this request. Mr.John Granillo,930 E.Desert Ave.,represented Mrs.Tyrer.He commented that staff is looking at whether to have a street there or not when all the property owners are against it; that all they need is a land split. Mrs.Pat Beasley,1428 W. Greasewood,agreed with Mr.Granillo. Mrs.Freida Tyrer applicant,1470 W. Greasewood,spoke on her behalf. Councilman Perkins asked if the City were to put a street alignment there,are we looking at condemning the property and buying it? Mr.Nakagawa replied that depends on the timing;if they are in a hurry to get a street there,yes. Councilman Perkins stated that would be a major cost for something that nobody wants. Mr.Nakagawa stated he did not know if they would be able to research documents and determine whether the parcels that they thought were landlock would now be legally accessible or not;that when this private access restriction was enacted both the City and the Fire District had great concerns about allowing any more. Councilman Perkins asked if that would create a life -safety problem. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 4 OF 26 Mr.Nakagawa replied it could.He explained that when they were looking at that ordinance about four years ago, there was the problem that,because the private streets normally don't have an address,when both the Fire District and the City Police have to respond to an emergency call they may have a difficult time trying to locate the house that is in back of another house. Councilman Perkins asked what are the addresses for lots 85 through 23 are using. Mr.Nakagawa replied he thought it was a Silver Drive address and that some of them may have a Greasewood or Roundup address,but that is just a guess on his part. Councilman Perkins asked:if Silver Drive was A federally patented easement at one time:that was abandoned. Mr.Nakagawa replied he did not believe so. Councilwoman Alger asked if the intent when the Council made the change four years ago was to prevent private streets from being created because the police and the fire department were having difficulty locating the properties. Mr.Nakagawa replied that was the main reason plus development standards on private streets were virtually non- existent. Councilwoman Alger commented that in a situation like this,other than using private access easement or a street there,there is no other alternative;that these homes are on areas that would be needed to construct a street and it would very expensive to move things. She asked who would bear the cost. Mr.Nakagawa replied that the City may have to bear the cost if they want to open the road in a short period of time;that staff was looking at the street dedication in terms of along term attrition process;that is,as people come in for a land split or a rezoning they would need to dedicate the right-of-way for Silver Drive and the City would try to gain those rights -of -way piece meal,and that would be the cheapest way. Councilwoman Alger ask if he is suggesting that they do a partial street now and complete the street through attrition as the properties change over. Mr.Nakagawa replied he believes that is one option. 11EGULAR. MEETING OF THE CITY COUNCIL.. ..JULY'7,• 1992 PAGE 5 OF26 Councilwoman Alger commented that would be many years from now,maybe 20 years. Councilman Perkins commented that if they do a partial street it would be from Greasewood to the end of lot 78. Mr.Nakagawa replied it would be probably up to the end of Mrs.Tyrer's property. Councilman Perkins asked if there are homes,swimming pools and other amenities that would be affected if it goes up that far. Mr.Nakagawa replied that on Mrs. Tyrer's property it would probably not,but there is a fence and some sheds on what would be the center of the road. Councilwoman Alger commented on the possibility of the City having to buy the right-of-way for a public street. Councilwoman Barker commented that the people who spoke have said they don't want a road and the Council has been talking about a road;that they need to look at the private access and if they don't want it,then they can't look at the land split. Vice Mayor Eidson agreed that if the people don't want a street and the Council doesn't want the expense of having it,then let Mrs.Tyrer have the private easement and move on. Councilman Perkins was concerned that the City would be responsible because someone needed help either from the police or paramedics and the response was delayed because they could not find the address. Councilman Perkins. Mr.Granillo did not agree with Councilwoman Barker MOVED THAT RESOLUTION NO.92-90,AUTHORIZING THE CREATION OF A 28 -FOOT WIDE PRIVATE ACCESS,CASE NO.PA -1-92 (IN CONJUNCTION WITH LAND SPLIT CASE NO.LSM 92-001) FOR A 1.25 -ACRE RESIDENTIAL PROPERTY ZONED TH AND LOCATED AT 1470 WEST GREASEWOOD STREET,BE APPROVED. MOTION. bond to improve the easement. REGULAR MEETING OF THE,CITY COUNCIL JULY 7,1992 PAGE 6 OF:26 Vice Mayor Eidson SECONDED THE Councilwoman Alger asked about a Mr.Nakagawa replied that the standard requirement for an easement is that improvements be installed;if they want to waive that or postpone it with a bond,that is the Council's options. Councilwoman Alger asked if there are any other private easements that are improved or required to be improved. the Road Haven type projects,no. Mr.Nakagawa replied that other than Councilwoman Alger AMENDED THAT THE COUNCIL WAIVE THAT REQUIREMENT FOR THIS CASE. Councilman Cox SECONDED THE AMENDMENT. AMENDMENT VOTE:Unanimous. MAIN VOTE:Unanimous. The motion carried. DECISION ON APPEAL OF DENIED LAND SPLIT CASE LSM 92-001/TYRER )Councilwoman Barker MOVED THAT CASE LSM 92-001,AN APPEAL OF A DENIED LAND SPLIT REQUEST BY FREIDA G.TYRER (IN CONJUNCTION WITH A REQUEST FOR A PRIVATE ACCESS EASEMENT,CASE PA -1-92,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.829,PZ-5-92,KELLEY-KNIPP ) )Planning Division Manager Jim Nakagawa stated that the Planning & Zoning Commission recommended approval of the rezoning with the stipulations that they dedicate the necessary right-of- way and that the non -conformities be resolved within 90 days,and that the land split would not be improved until the non -conformities are resolved.He stated Planning is in agreement with the Commission's recommendation. Drive,spoke on her own behalf. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 7 OF 26 Ms.Charlene Knipp,2320 N.Grand Councilman Coleman MOVED THAT ORDINANCE NO.829 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen 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-5-92 FROM GR (GENERAL RURAL)TO CR-1(MH)(SINGLE FAMILY RESIDENCES ON 20,000 SQ.FT.MINIMUM LOTS/MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.829,AS READ BY THE CITY CLERK,BE APPROVED. Councilwoman Barker SECONDED THE MOTION. Vice Mayor Eidson commented that the applicant mentioned the non -conforming trailers that she'll move out and he asked if that is the non -conformity that Mr.Nakagawa referred to. Mr.Nakagawa replied that's right. Vice Mayor Eidson asked if she moves the old ones out she will have no problem bringing the new ones into conformance. Mr.Nakagawa replied that first she has to split the lot and then install a new mobile home on each lot. Vice Mayor pointed out that Mr. Nakagawa mentioned that the applicant would not be able to do that until she takes care of the non -conforming aspects;that because she has to move out the old mobile home and make the necessary changes before she brings the new one in.He asked if that is a procedure that she will not have a problem with. Ms.Knipp stated she did not understand it that way;that they would have to get the new ones installed and then move into that,and then move the old ones out;that there is no other way they can do it. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 8 OF 26 Mr.Nakagawa replied they have handled a similar case before so it can be done that way. VOTE:Unanimous. The motion carried. ORDINANCE NO.832,AMENDMENT TO CHAPTER 7 OF CITY CODE ON PRE -HUD MOBILE HOMES )Planning Division Manager Jim Nakagawa stated that on May 19th the Council directed staff to make the necessary amendment to Chapter 7 of the City Code.He stated that with this amendment the manufactured home ordinance would read as it did in April of 1988,which allowed any existing PRE -HUD unit to be moved into a pre -1986 mobile home park. Vice Mayor Eidson MOVED THAT ORDINANCE NO.832 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 7,BY ADDING SUBSECTION 7-1-11(G);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Vice Mayor Eidson MOVED THAT ORDINANCE NO.832,AS READ BY THE CITY CLERK,BE APPROVED. Councilwoman Barker SECONDED THE MOTION. VOTE:In favor:Councilwoman Barker,Councilman Coleman,Councilwoman Alger, Councilman Cox,Vice Mayor Eidson,Mayor Damiano. Opposed:Councilman Perkins. The motion carried. Mayor Damiano recessed the meeting at 8:02 p.m.He resumed the meeting at 8:15 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 9 OF 26 PERSON TRANSFER FOR A SERIES 7 LIQUOR LICENSE FOR KOVAC'S KORNER (APPLICANT: DANNY J.SMITH FOR JARDINE ENTERPRISES LTD.) )City Attorney Glenn Gimbut stated that he received a phone message yesterday from Mr.Bud Jardine saying they intended to ask for continuance of this meeting.He stated he assumed that a representative would be at the meeting to make that request,but apparently they are under the impression that because they left a phone message with his office this case would be automatically continued. City Clerk Kathleen Connelly made the Council aware that at this point in time they are under State of Arizona guidelines regarding the processing of the liquor license application and that the State doesn't have to honor any postponement on their part.She explained that if they don't respond to the State in what they consider a timely manner, they would simply act on the liquor license application absent from any input from the City Council. Mr.Gimbut stated he did not have any suggestions other than this is the time set for a public hearing and the Council can proceed as they wish. Ms.Connelly stated that the application has been posted as required by State Law and Mr.Jardine did pay the required $50.00 non-refundable fee for the hearing.She pointed out comments from the Building Division regarding problems they have encountered; that there are still problems with Pinal County Health Department and there is also a recommendation from the Fire District indicating they still have a number of fire -safety violations at that location. Mayor Damiano pointed out correspondence dated March 31,1992 regarding the same application. Ms.Connelly explained that correspondence was in response to the first time this liquor license was presented to the Council. Mayor Damiano commented that since then the City has not heard whether they have conformed with whatever violations they had. Vice Mayor Eidson requested that when the Council receive notification from the Fire District about any violations that they be specified. Mayor Damiano stated that in his opinion that would not be necessary. REGULAR MEETING OF THE CITY COUNCIL JULY ,7,1992 PAGE 10 OF 26 Vice Mayor Eidson stated it would matter to him if one of the violations was having a fire extinguisher sitting on the floor instead of on the wall. Councilwoman Barker stated the Council heard this before with a different applicant for:the same area,that there were Health Department violations which the Council was concerned about then and that she does not see any indication of those health violations being cleared up. Councilman Coleman asked Ms. Connelly when would the Liquor Board hear this case. Ms.Connelly replied she did not know;that based upon the action tonight she would be sending a letter saying the Council approved it or denied it,or call them and say it was postponed. Vice Mayor Eidson suggested that regardless of what the State does,they postpone it until the next meeting and give the applicant the opportunity to get the violations straightened up. Councilman Coleman asked if they can do that or if they were just taking a chance.He was concerned that the Liquor Board would pass the application without consideration of the City's objections. Ms.Connelly stated that if the Council postpone this item she would simply notify the State that this was scheduled for a public hearing but the Council postponed it for a later date. Councilwoman Barker asked Ms. Connelly what is the normal procedure if the applicant is going to cancel the hearing. Ms.Connelly replied the applicant does not have the right to cancel •the hearing;that the City's instructions come from the State of Arizona Dept.of Liquor Licenses and Control;that the City is required once it receives the posting notices from the State to post them and schedule the hearing for the closest Council meeting within 20 days of that posting;at that point the City is on a legal track and the City has legal obligations to meet. Councilwoman Barker asked if the applicant does not have the right to postpone it. Ms.Connelly confirmed that. Vice Mayor Eidson MOVED THAT ITEM NO.10,A PERSON TRANSFER FOR A SERIES 7 LIQUOR LICENSE FOR KOVAC'S KORNER,BE 11EGULAR,MEETING.OF:THE CITY COUNCIL _JULY -7,1992 'PAGE 11 OF 26 POSTPONED UNTIL THE NEXT COUNCIL REGULAR MEETING,THE REASON BEING POSSIBLE FIRE CODE VIOLATIONS. There was no second on the motion. Councilwoman Alger MOVED THAT THE APPLICATION FOR A PERSON TRANSFER SERIES 7 LIQUOR LICENSE,SUBMITTED BY DANNY J.SMITH FOR JARDINE ENTERPRISES LIMITED FOR KOVAC'S KORNER,BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON THE FACT THAT INFORMATION RECEIVED TONIGHT IS NO DIFFERENT FROM THE INFORMATION THAT THE CITY HAS ON VIOLATIONS OCCURRING AT THAT LOCATION FROM THE REQUEST IN MARCH. Councilwoman Cox SECONDED THE MOTION. Councilwoman Alger asked City Clerk Kathleen Connelly if the Building,Health department,and Fire District violations need to be specified. Ms.Connelly explained that i t needs to be more specific. Councilwoman Alger asked if all correspondence received can be made part of this. Ms.Connelly agreed on that. Councilwoman Alger AMENDED THAT THE REASON FOR DENIAL IS BECAUSE OF THE NUMEROUS FIRE CODE VIOLATIONS,BUILDING CODE VIOLATIONS AND THE QUESTION OF WHETHER THE HEALTH CODE VIOLATIONS HAVE BEEN CLEARED OUT;AND THAT CORRESPONDENCE REGARDING THESE ISSUES BE ATTACHED WITH THIS DENIAL. Councilman Cox SECONDED THE AMENDMENT. VOTE:Unanimous. The motion carried. RESOLUTION NO.92-12,DECLARING SUPPLEMEN- TARY LOCAL AUDIT PROCEDURES AS PUBLIC RECORD )City Clerk Kathleen Connelly briefed the Council on this item and explained the process by which they came up with these recommendations.She stated that what the Council has before them are the changes that the Model Tax Code Commission is suggesting that the City make,as well as all the other cities throughout the State,i f the City REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 12 OF 26 intends to continue on doing its own supplementary local audits.She recommended that the Council adopt them;that this is no different than what the City has been doing,these are just back-up and they match more closely with the State laws.She stated there is a resolution which declares i t a public record and an ordinance which actually does the adoption. Councilman Coleman MOVED THAT RESOLUTION NO.92-12,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE CITY TAX CODE FOR THE CITY OF APACHE JUNCTION,ARIZONA,"BE APPROVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.833,AMENDING THE CITY TAX CODE BY ADOPTING A NEW ARTICLE V REGARD- ING SUPPLEMENTARY LOCAL AUDITS )Councilman Coleman MOVED THAT ORDINANCE NO.833 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,RELATING TO THE PRIVILEGE LICENSE TAX;ADOPTING "SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION, ARIZONA"BY REFERENCE;REPEALING ARTICLE IV -ADMINISTRATION OF THE CITY TAX CODE AND REGULATION 8A-555.1;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;AND ESTABLISHING AN EFFECTIVE DATE. Councilman Coleman MOVED THAT ORDINANCE NO.833,AS READ BY THE CITY CLERK,BE ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 13 OF 26 ORDINANCE NO.838,AMENDING CHAPTER 5, SECTION 5-2-2 OF THE CODE OF THE CITY OF APACHE JUNCTION CONCERNING MAGISTRATE COURT )City Attorney Glenn Gimbut stated that the Council decided at their last meeting to eliminate the second Magistrate's position at the Magistrate Court and the purpose of this ordinance is to amend the City Code to reflect that. Mrs.Jean Perkins,616 N.Cactus, challenged Councilman Perkins vote on the dismissal of former Magistrate Grace Villarreal and she asked the Council to go through it again. Mr.William Cams,629 E.10th Avenue,concurred with Mrs.Perkins. Vice Mayor Eidson MOVED THAT ORDINANCE NO.838 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox SECONDED THE MOTION. Vice Mayor Eidson stated that when the Council formed this position about two year ago he thought that the City did not need two full-time judges;that recommendation was received from the Review Committee stating that in their opinion the City did not need that second judge position and that it made sense to him. VOTE:Unanimous. The motion carried. City Clerk Kathleen read,"AN ORDINANCE NO.838 MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 5,BY AMENDING SECTION 5-2-2,REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY." Vice Mayor Eidson MOVED THAT ORDINANCE NO.838,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.92-16,ADOPTION OF TENTA- TIVE BUDGET FOR FISCAL YEAR 1992-93; REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 14 OF 26 GIVING NOTICE OF TIME AND PLACE FOR FINAL BUDGET ADOPTION )City Manager Mike Lee stated that at the previous meeting the Council proposed some additions to the budget, which he listed.He also listed other changes proposed by staff which had not been presented to the Council before,as follows:1)lease purchase of a vacuum street sweeper for $25,000 over a 5 -year period;2)City Attorney's operating budget be increased to cover supplies and equipment for the new Assistant City Attorney position and others that may be required;3)General Fund contingency would be reduced $25,000 to cover the above changes leaving a balance of $725,000.He stated these changes are being recommended for approval in the tentative budget.He pointed out that once the tentative budget is approved it cannot be increased,it can only be reduced. Finance Director Keith Lewis gave a summary of revenues and expenditures of the Tentative Budget 1992-93. Councilman Coleman asked if the sales tax revenues for FY 91-92 included revenues from the sales tax audit. Mr.Lewis replied they did not and explained the sales taxj audit figures are separate so that they will not get confused if compared with previous years. Councilman Coleman commented the City is actually down from where it was expected to be. Mr.Lewis stated he will get more payments this month so that will make it about even. Mr.Lee stated that will also increase the carry-over from what there is in the budget at this time. Councilman Perkins commented there was a concern in the Detectives Division that the audio -video equipment would be cut-off from the budget,but that is still in there. Mr.Lewis replied that is still in the budget. Mr.Lee stated it was other things that were cut-off. Councilwoman Alger commented there was mention of an increase for supplies but no figure was given then and there are several increases in the City Attorney's budget;that the figure they had talked about previously was about $20,000 and the increase has been considerable. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1992 PAGE 15 0E26 Mayor Damiano stated that is $47,496.00. City Attorney Glenn Gimbut stated there are several areas that are involved;1)the potential equipment that would be used by the new attorney •and the secretary;2)the cost of A.R.S.for $2,000.He stated there is also a potential over -budgeting in that the new position would start as early as November 1,1992 and as late as January 1, 1993;as a result there is also planning for 60 -day overlap for Prosecutor Arnold Hirsch to work with the new Assistant City Attorney to have a transition period for prosecution.He stated he does not anticipate spending the monies as budgeted. Mr.Lewis stated that basically the increases were •due to having a new City Attorney and the requirements that there will be for that. Councilwoman Alger pointed out there was:a $29,000 reduction;the ismall.items was a:$1,305 increase and it all amounts to an increase ,of $47,000. Mr.Lewis stated that part of that is due to the overlap;they did not know exactly when the new City Attorney could start,so it's betterAo save the money than having to -comeback to the Council for contingency -money. Councilwoman Alger stated she presumes the reduction in legal services is Mr.Hirsch's fee. Mr.Lewis replied that's correct and that part of that is the new salary figures.He pointed out that health insurance for a employee with a dependent coverage is costing the City approximately $5,100.00 per year;that the $20,000 was only for the salary. Councilwoman Alger stated she understood that the $20,000 was all it was needed over and above for what is currently proposed in the budget. Councilman Coleman stated that perhaps they should reconsider the position of Assistant City Attorney. Councilwoman Barker commented that when they finished with all of the salaries nine people were left out,with the understanding that those people had volunteered to stay where they were then.She stated she had asked Mr.Lewis how much it would be if the Council gave a 2% COLA for those nine people,and that would be $12,000. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 16 OF 26 Councilman Perkins asked Councilwoman Barker if she was proposing they put in a 2% COLA for the employees at 49 and above salary level. Councilwoman Barker replied she is proposing that they look at the possibility of not so much the COLA but the merit increase,because this establishes accountability in employees. Councilman Perkins asked how much is for the 5% merit increase. Councilwoman Barker replied that is $24,842 for just the merit increase,if they get the full merit. Councilman Perkins explained that he did not have a problem with that. Mr.Lee explained theere have been changes in the process of considering the budget and stated that there are some of those that voluntarily agreed not to get a raise that would stand by that,but there are others who would like the opportunity to change that position because of the changes that did occur in the budget. Mr.Lee called to the Council's attention that there is part-time judge position in the budget. Judge Brundrett expressed concerned that the budgeted amount would not be enough to cover that position. about $5,500.00. $7,000.00. that would be $7,500.00. Mr.Lee stated they needed to add Mr.Lewis stated it would be about Mr.Lee stated that with increases Mayor Damiano commented that if the Council were to reconsider the Assistant Attorney position and stay with the current contract it would save the City $44,064. Councilwoman Alger that after this first year when there is not a need for the overlap with Mr.Hirsch the benefits to the City would be greatly increased with having an Assistant City Attorney Councilman Perkins agreed with Councilwoman Alger. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 17 OF 26 Councilman Perkins commented there has been discussion about giving employees at 49 and above level either a 5% merit increase or a 2% COLA and asked if all the Council will support that. Vice Mayor Eidson supported the 2% COLA. Councilman Coleman supported also the 2% COLA and was in favor or reconsidering not having an Assistant City Attorney. Councilwoman Alger MOVED THAT RESOLUTION NO.92-16,ADOPTING THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION,ARIZONA,FOR FISCAL YEAR 1992-93,HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION,ARIZONA,FOR THE FISCAL YEAR 1992-93 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET,BE APPROVED WITH THE FOLLOWING AMENDMENTS:TO ADD $9,500.00 TO SALARIES FOR THE COURT FOR A PRO -TERM JUDGE;AND GIVE A 2% COLA TO ALL EMPLOYEES. Vice Mayor Eidson SECONDED THE MOTION. Councilman Coleman AMENDED THAT THEY ELIMINATE THE ASSISTANT CITY ATTORNEY POSITION AND CONTINUE WITH THE LEGAL SERVICES THAT THE CITY HAS NOW. Mayor Damiano SECONDED THE AMENDMENT,upon asking Vice Mayor Eidson to chair the meeting. Councilwoman Alger asked the City Clerk if there was a place and time for the next budget hearing. Ms.Connelly replied that is indicated on the resolution and that it will be at the next City Council meeting on July 21st. AMENDMENT VOTE:In favor:Councilman Coleman,Councilwoman Barker,Mayor Damiano. Opposed:Councilman Cox,Councilman Perkins,Vice Mayor Eidson,Councilwoman Alger. The amendment failed. MAIN VOTE:In favor:Councilman Perkins,Vice Mayor Eidson,Councilwoman Alger,Councilman Cox,Councilman Coleman. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 18 OF 26 Opposed:Councilwoman Barker,Mayor Damiano. The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.92-15,FORMATION OF COMMUNITY FACILITIES DISTRICT )City Attorney Glenn Gimbut briefed the Council on this item and introduced Mr.Dick Carr to speak on this matter. Mr.Carr stated they are formally requesting that the City Council take the following actions:1)to accept the petitions that were delivered to the City Clerk representing 646 acres in Apache Junction for the formation of a community facilities district;2)adopt the resolution forming the Superstition Mountain Community Facilities District #1;and 3)appointing a Board of Directors.He informed the Council of a schedule of plans for the next few months that would start with a seminar retreat July 9th on the campus of Northern Arizona University with experts in the fields of planning,design,law,finance,construction,operation and administration.He stated they are planning to hold a series of public hearings at various locations in Apache Junction to inform the citizens on the community facilities district and the wastewater system.And he read information in response to some questions from citizens at the last City Council work session. Mr.William Cams,629 E.10th Avenue,stated the public has asked the Council not to initiate a City- sponsored sewer at this time;that the City may sign up at a later date when costs are established;and that Council let this private sewer begin without taxpayer money underwriting this cost. City Attorney stated there is nothing tonight that obligates the City to underwrite this;that there is no pledge of City credit or City monies and none would be involved whatsoever. Councilwoman Alger pointed out that Mr.Cams does not understand the fact that the City is not being asked to become a part of the district and explained that the petitioners are asking the Council to form this district for them;that under the law of Arizona they have come to them with a petition and the City is obligated to respond to that petition. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 19 OF 26 properties are listed. this time they are not signed up. properties be signed up. Mr.Cams asked if the City Councilwoman Alger replied no,at Mr.Cams asked when would the city Councilwoman Alger replied when the district does the review and has an election to amend their district,then the City would have the opportunity. Mr.Cams asked if that would be in the Fall of 1993. Councilwoman Alger replied if that's when the district does that then that's when the City can choose to become part of it. Mr.Cams asked Mr.Carr if that is correct. Mr.Carr replied that the City and everybody else will be given an opportunity to choose to become part of it or not at some time this Fall;that would be a preliminary approval and that will then allow the district to send the total cost parameters of the project and that would be followed up some time in the late Winter of 1993. Mr.Cams asked Mr.Carr if those that originally signed up to form the district in order to withdraw would require the authorization of the other members. Mr.Carr replied there is a procedure that allows those who wish to withdraw to do so. Mr.Cams stated that it was said at the Council's work session that the process would require the authorization of those who do not wish to withdraw. Mr.Carr asked Mr.Cafiso to explain Mr.Mike Cafiso stated that those who want to be excluded from the district would have to sign a petition;that if somebody wants to be taken out of the district and all of the other members agree that person should be taken out and sign a petition,then they can do it;if not,then that person has to go through another mechanism to have that property removed. REGULAR MEETING OF THE CITYHCOUNCIL JULY 7,1992 PAGEI20 ,OF 26L Mr.Cams stated he just wanted to establish at this time whether the City is going to bind itself to a position where the other partners will have to allow them out. Councilman Coleman pointed out that Mr.Cams commented on the election that was held before on this issue and that he has read letters from Mr.Cams in the newspaper about it.He referred to the proposed resolution under district indebtedness where is stated that "neither the general fund of the Municipality..,other than the district shall be liable for the payment or repayment of any indebtedness of the district and neither the credit nor the taxing power of the Municipality...other than the district shall be pledged there for."He stated this is not the issue that was presented to the voters at the election and in his opinion it's unethical to lead people in the wrong direction. Coleman. spoke in favor of the district. Mayor Damiano agreed with Councilman Mr.Jim Hurst,1065 N.San Marcos, Mr.Keith Hilgendorf,Executive Director of the Chamber of Commerce,1075 W.Smoketree,stated that the concerns of the Chamber were the stability of Apache Junction's economy and the future environmental sanctions;that the Council's favorable creation of a community facility district would address these concerns and allow for the economically,efficient planning of a voluntary subscriber system. Mr.John Granillo,930 E.Desert Avenue,spoke in favor and stated he has been informed that Pinal County will now inspect every septic tank at the time of sale on houses that are five years or older;that the Health Department will determine whether there is an adequate septic system,and if it's not,it cannot be put for sale until the system is replaced with an adequate one. Mrs.Jean Perkins asked if the creation of the district will cause any city property taxes. Mr.Gimbut replied that will not happen and that the only possibility that may exist by statute is that under certain circumstances,a tax could be •imposed by the district on the members of the district only. Councilwoman Alger explained there is a special assessment which means that the district will have the ability to put a property tax on it if the members of the district vote to have it. Ms.Anne Surra,1150 E.Estevan asked who would comprise the Board of Director for the district. REGULARJ.1EETING OFJHUCITY -COUNCIt JULY 7,1992' PAGE 21'0F 26- Mr.Gimbut replied the members of the Board are proposed as Chris Ochs,John Harambasic,Dorma Colvin,John Granillo and Tony Vehon. Mr.Cams commented that only those who sign up for the district would be taxed,if it came to that;he asked what would happen if the City signs up its property into the district. Mr.Gimbut replied that the City's properties are by law tax exempt,so they could never be taxed even if the district imposed it. Councilman Coleman MOVED THAT RESOLUTION NO.92-15,ORDERING AND DECLARING THE FORMATION OF SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT NO.1,BE APPROVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADOPT -A -STREET PROGRAM )Public Works Director Rich Broman stated that on January 21,1992 the Council directed staff to work with Apache Junction Clean and Beautiful to develop a City Adopt -A -Street program.He stated that basically the procedure is that the interested organization would contact Public Works and express their interest in adopting a section of street and he explained the procedure that would be followed.He stated that there is a draft of the sign for the city which will be presented to Clean and Beautiful at their next meeting and after they review it then it will be presented to the Council.He pointed out information in the Council packet that was reviewed with the Clean and Beautiful Committee on June 22nd and they voted unanimously to forward these policies and procedures to the Council with the recommendation to adopt the program. Mrs.Leila Flummerfelt,president of the Apache Junction Clean & Beautiful,read a letter from Mr.Bob Milbrat, treasurer,in support of the adoption of the program. Mayor Damiano referred to section III.D of the proposed Adopt -A -Street policies and procedures and commented that the signs may get damaged somehow and did not agree to ask people who are volunteers to pay the City to replace the sign. Councilwoman Alger commented that it could be in there in the case the organization changed the logo. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 22 OF 26 Mayor Damiano commented he did not see in the policies and procedures anything about the safety requirements and if there was mention of medians.He read in there that "work as a group facing oncoming traffic at all times"and asked if that means the median also. Mr.Broman replied that is right. He stated he talked to ADOT about it and that they have a safety officer that meets with a representative of the group prior to picking up the litter and they go through the safety procedures;that because the City is starting with this program they have asked ADOT if they would do that for the City at first. Councilman Coleman MOVED THAT THE POLICIES AND PROCEDURES FOR ADOPT -A -STREET PROGRAM FOR THE CITY OF APACHE JUNCTION,BE APPROVED. Councilwoman Barker SECONDED THE MOTION. Mayor Damiano AMENDED THAT III.D STRIKE THAT IF IT BECOMES NECESSARY TO REPLACE A SIGN,THE CITY MAY REQUIRE THE ORGANIZATION TO PAY THE CITY IN ADVANCE FOR REPLACEMENT OF A SIGN. Councilman Perkins SECONDED THE AMENDMENT. AMENDMENT VOTE:In favor:Councilman Perkins,Councilwoman Barker,Vice Mayor Eidson,Councilman Cox,Councilwoman Alger,Mayor Damiano. Opposed:Councilman Coleman. The motion carried. MAIN VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS PARKING REQUIREMENTS )Vice Mayor Eidson stated there are some businesses in the City having a difficult time either maintaining or setting up required parking for their businesses;that he found out that the City's requirements for parking are stringent;that currently the requirement is one parking space for each 50 -square foot of the building;and that the County's requirement is one parking space per 75 -square foot of the building usable only by the public.He suggested that the Council consider following the guidelines set up by the County. REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 23 OF 26 Planning Division Manager Jim Nakagawa explained that at the time the City incorporated i t adopted the County's zoning code and i t figured parking on a gross basis;that when the City looked at those requirements for a local business,they recognized at that time that other cities figured parking on a net basis,which is the area that is taken up by customer seating,but the City did not amend its codes. Councilwoman Alger asked i f restaurant parking is figured different than office complex. Mr.Nakagawa replied yes. Vice Mayor Eidson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO THE CITY REQUIREMENTS FOR PARKING,THAT THE CITY ADOPT SIMILAR OR PARALLEL REGULATIONS AS PINAL COUNTY HAS. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 20,1992 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,JULY 21,1992 IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Public Works Director Rich Broman relayed information on the landfill. He stated that the consultant has located various sites for a landfill;that there are two possible sites in the vicinity of Gold Canyon Ranch and UDC but there are some concerns about them.He informed the Council that a meeting was scheduled by Pinal County on July 15th to present all of the sites to the public and to obtain input.After that,the six or eight sites will be REGULAR MEETING OF THE CITY COUNCIL JULY 7,1992 PAGE 24 OF 26 reduced to possibly two sites and look closer at those for alternatives and then decide on one.He stated the Southeast Regional Landfill Siting Committee will try to get a vote on it from Pinal County and Maricopa County some time in September. Mayor Damiano reported he attended the Ceremony of the Defense Restructuring Legislature which puts Arizona at the front of state efforts to deal effectively and creatively with the downsizing of the nation's defense establishment. ADJOURNMENT meeting at 10:27 p.m. Consent Agenda Items are as follows: )Mayor Damiano adjourned the 1.Acceptance of Agenda. 2.Acceptance of the Minutes of Special Meeting of June 1,1992. 3.Acceptance of Minutes of Regular Meeting of June 16,1992. 4.Resignation of John Granillo,Sr.,from the Board of Directors of the Municipal Property Corporation. 5.Approval of Agreement with Presiding Magistrate Corwin Brundrett and Authorization for Mayor to Execute Agreement. ACCEPTED THIS 21ST DAY,CiF JULY ,1992;BY:THE MAYORAND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY ,1992. T OMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULARWETING ,OF THE CITY COUNCIL JULY 7,1992 PAGE 25. OF 26 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 July,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of July,1992. KATHLEEN CONNELLY City Clerk REGULAR, MEETING-DF THE CITY COUNCIL JULY -7,1992 PAGEI26 OF 26