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HomeMy WebLinkAbout1992-09-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 15,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 15,1992 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 7:05 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL1 Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Clerk Kathleen Connelly City Attorney Glenn Gimbut Captain Reed Cox Public Works Director Rich Broman City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Assistant Planner Rudy Esquivias Deputy Zoning Administrator Sandy Whitten Parks & Recreation Director Jeff Bell Economic Development Manager John Schoeph Mr.Clay Worst,5289 E.Apache Trail,Apache Junction 85219 Mrs.Jean Perkins,616 N.Cactus Rd.,Apache Junction Mr.Robert S.Sellers,30W.1st St.,Suite B, Mesa 85201 REGULAR MEETING OF THE -CITY COUNCIL SEPTEMBER 15,1992 PAGE 1 OF 14 Mr.Warren Steffey,6750 E.Main St.,Mesa 85205 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY REGARDING CITY'S ALLOCATION OF $10,000 TO ASSIST THE COUNTY IN THE DEVELOPMENT OF A BUILDING TO BE USED INITIALLY FOR A FOOD BANK,BE APPROVED;AND THAT ITEM NO.8 BE MOVED UP TO IMMEDIATELY FOLLOWING CALL TO THE PUBLIC. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano introduced Capt.Cox of the Police Department to do a presentation of the Police Explorers. Capt.Cox stated the Explorers were there to receive certificates and be congratulated for a recent Police Explorer Academy they attended in July.The Explorers introduced themselves to the Council and Mayor Damiano presented them with their certificates. CALL TO THE PUBLIC Mr.Warren Steffey,6750 E.Main St.,Mesa,spoke in opposition to the proposed regional landfill sites.He stated one of the sites is too close to the City. Mr.Robert Sellers,30 W.1st St., Suite B,Mesa,also spoke in opposition of the proposed regional landfill sites. Mrs.Jean Perkins,616 N.Cactus Rd.,spoke to the Council regarding the local "speak out"column and suggested that they listen to the comments.She also sympathized with Councilwoman Barker on her election loss and the loss of her father. PROPOSED RESOLUTION NO.92-25:AUTHORIZING EXECUTION AND DELIVERY OF GROUND LEASE AND CITY LEASE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 2 OF 14 )Public Works Director Richard Broman briefed the Council on this item and introduced Mr.Mark Reader and Mr. Mark Cafiso to address the Council on this item. Mr.Mark Reader of Peacock,Hislop, Staley & Given,Inc.,briefed the Council on the follow up they have done upon approval from the Council to proceed with the issuance of bonds. Mr.Reader stated that one of the first issues they address before the issuance of bonds is to apply for a credit rating on behalf of their clients;it's a credit rating supplied by Standard and Poors in New York and it's an independent evaluation of the City's credit.He explained the ratings go as high as AAA and as low as C and as a result of the City's finances and the Council's willingness to pledge its excise taxes toward its financing,Standard and Poors rated the City from an underlined perspective an A-.Next,they applied for bond insurance to take that rating from A-up to a AAA and they were able to secure a municipal bond insurance premium.And,as a result of the City's A-underlined credit rating and the AAA credit rating because of the insurance,they City was able to attract good interest rates and the fact that interest rates and the tax exempt municipal bond market are at twenty year lows;so the City selected an ideal time in which to market its bonds.He further explained the City's interest ratings. Mr.Michael Cafiso of O'Connor Cavanaugh,Anderson,Westover,Killingsworth & Beshears P.A.,Phoenix,briefed the Council on some of what is stated on the proposed resolution, Councilwoman Alger MOVED THAT RESOLUTION NO.92-25,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE,A CITY LEASE,AND A BOND PURCHASE AGREEMENT;APPROVING THE EXECUTION AND DELIVERY BY CITY OF APACHE JUNCTION MUNICIPAL PROPERTY CORPORATION OF A GROUND LEASE,A CITY LEASE,A TRUST INDENTURE AND A BOND PURCHASE AGREEMENT;APPROVING AN OFFICIAL STATEMENT;APPROVING THE ISSUANCE OF $4,640,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF APACHE JUNCTION MUNICIPAL FACILITIES REVENUE BONDS,SERIES 1992;PROVIDING FOR THE TRANSFER OF CERTAIN MONEYS FOR THE PAYMENT THEREOF AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO;AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION;AND DECLARING AN EMERGENCY. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 3 OF 14 CITY MANAGER'S REPORT None. PUBLIC HEARINGS ORDINANCE NO.839:AMENDING CHAPTER 9 OF THE CITY CODE BY ADDING A NEW ARTICLE 9-3 PRIVATE RECYCLING CONTAINERS )City Clerk Kathleen Connelly briefed the Council on this item and introduced Mrs.Leila Flumerfelt to speak on this item. Mrs.Leila Flumerfelt of Apache Junction Clean and Beautiful,stated this is a proposed ordinance to address the problem of various recycling containers around the city being not emptied in a timely manner. Vice Mayor Eidson asked if there is a fee for registration of the containers to which he was answered no,and if the City is going to have to empty the containers if the person does not empty them. Ms.Connelly replied this establishes the standards for the types of containers that are put out by commercial enterprises that are in the business of recycling materials or by nonprofit organizations that would benefit from the recycling of materials, but it does not deal with private homeowners. Vice Mayor Eidson asked if a company puts a dumpster at a store,if the store owner is going to be responsible for the dumpster and keep it clean. Mrs.Flumerfelt replied the company will register with the City Clerk so that the City can contact them if there is a problem and this ordinance provides for things to be done if it's not kept up. Vice Mayor Eidson was concerned that the property owner would be responsible for keeping the area clean where the dumpster is. Mrs.Connelly stated the existing City Codes require that if the property owners allows someone to put a container on his property,the ultimate responsibility would be that of the property owner. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 4 OF 14 City Attorney Glenn Gimbut clarified this does not effect regular dumpsters at commercial places and it only theoretically effects recycling containers. Mayor Damiano commented on commercial sites where dumpsters are not emptied timely. The Council further discussed the specifications of the ordinance in relation to the City Code's requirements. Councilwoman Barker MOVED THAT ORDINANCE NO.839 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Kathleen read,"AN ORDINANCE OF , THE MAYOR 1AND CITY COUNCIL OFIMECITY OF' APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY'CODECHAPTER.9 MALTA AND SANITATION,BY REPEALING SECTION 9+2-4 UNATTENDBYCONTAINERS AND ADOPTING "A NEW ARTICLE9-3 PRIVATE RECYCLING CONTAINERS;REPEALING ANY CONFLICTING PROVISIONS ANCIPROVIDINGTOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.839,AS READ BY THE CITY CLERK,BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.844,PZ-8-92:A PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST the applicant is out of the country on this item be continued on the November CONTINUED ON NOVEMBER 17; 1992. REGULAR MEETING DETHEHCITY COUNCIL SEPTEMBER 15,1992 PAGE 5 OF Councilwoman Alger SECONDED THE )Planning Division Manager stated an emergency and has requested that 17,1992 Council meeting. Councilwoman Barker MOVED THAT IT BE Councilman Cox SECONDED THE MOTION. VOTE:In favor:Councilwoman Barker,Vice Mayor Eidson,Councilwoman Alger, Councilman Cox,Councilman Coleman,Mayor Damiano. Opposed:Councilman Perkins. The motion carried. ORDINANCE NO.840:UNLAWFULI POSSESSION OF FIREARMS BY MINORS (WITH THE EMERGENCY CLAUSE) )Capt.Cox of the Police Department briefed the Council on this item. Councilwoman Barker asked if a kid who is almost 18 years old goes hunting and drives himself through the City; if he were stopped for a speeding ticket and the police find that gun on him, would he have to have the same letter? Capt.Cox replied that is correct. Councilwoman Barker asked if the parents are with that kid,if he still has to have that letter. Capt.Cox replied no. Councilwoman Barker asked if the firearm can be confiscated. Capt.it would be retained by the Police Department.replied that is correct,and Councilwoman Barker asked if the purpose of this ordinance is to remove the firearms or to try to get kids cognizant of gun safety. Capt.Cox replied that is both and explained that there are firearms out there in possession of children who are not responsible,as shown by the number of accidents that happen. Councilwoman Barker asked if we can do something with these kids that would have them go through a gun safety course and after that get the gun back. Capt.Cox replied there would be considerations in every individual case.He explained that if your child took your gun and went out on the street with it and did not have your permission, and it has some unusual circumstances to it and the police is going to have to look at that;and if you leave your gun around and don't care whether he takes it out and he gets caught with it,the police can seize it;under both REGULAR, MEETING OF!THE CITY COUNCIL SEPTEMBER 15, .19921 PAGE 6 OF '14 circumstances and under this ordinance the police can seize your gun either way and keep it. Councilwoman Barker stated that if we are looking for prevention,that maybe we should consider some kind of a gun safety course. Capt.Cox stated that the juvenile justice system has classes for different purposes and it's possible that they already have something like that or that maybe it can be suggested to them. City Attorney Glenn Gimbut suggested a change on the ordinance under Section 10-2-4,to change "shall"with "may" to make it clearly that the Police Department has some discretion on this area such as,in the appropriate case,if you take a training course you may get your gun back. Chapter 39 of Title 13 say. Councilwoman Alger asked what does Mr.Gimbut explained it is the general forfeiture procedures under the State law;how we would forfeit property,for example in a drug case;it's the notices and procedures and forms to declare a property forfeited to the State. amendment. Vice Mayor Eidson supported the Councilwoman Alger asked at what age a hunting license is required for juveniles. Capt.Cox replied at 14 years old. The Council further discussed the State requirements for a hunting license,such as the juvenile requiring the parents permission to acquire the license,that they also receive a training course for handling guns,and that they need their parents permission to buy a gun. Councilwoman Alger asked if they have to have all of that anyway,what does it matter to have one more requirement to get permission,so that they are totality legitimate with everybody. Councilman Perkins asked if the Council would be looking at this if people that were being affected by this could vote. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 7 OF 14 Vice Mayor Eidson replied most definitely and mentioned that Phoenix police took guns away from gang members when this went into effect and it reduced the gang violence. Councilman Coleman asked if the kid has the parents permission to have the gun and he uses it in a wrong,illegal manner,would that in any way make the parents liable for that act? Capt.Cox replied maybe civilly or criminally depending on the crime,but there is going to be another State statute that's going to override the City's ordinance;for instance,if they rob a store and shoot somebody or murder somebody,we are not going to be concerned with this.He stated the form for the written consent will be available at the Police Department which asks for specific information that they would like to have.He also explained that police will use their judgement on some cases such as when there is a child in the car with a gun that belongs to the parent who is away in the store;in this case the child will not be in trouble for not having the letter. Councilman Coleman asked if there is any provision for the parents getting their gun back or what happens. Capt.Cox replied they are not sold but either converted to police use or destroyed. Mr.Clay Worst,5289 E.Apache Trail,spoke against.He recognized there is a problem with kids carrying guns but he did not believe this is the solution;that he believes the solution is in education. Councilman Coleman stated the point of this ordinance is for kids to get their parents permission to carry the gun. Mr.Worst elaborated on the gun control law and stated that gun control laws do not have any control over crime. Mayor Damiano stated this is not a gun control ordinance;this is to prevent the young children from carrying guns. Mr.Worst admitted there is some merit to it but that he questions the ultimate good that will come from it. He asked the City Attorney his opinion on the State preempting gun control law. Mr.Gimbut replied he does not believe that the State has preempted the area covered by this ordinance;that REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 8 OF 14 he has done some research on it and provided that to the police department. He stated if he thought there was something out here that would fringe upon his right to have a firearm,he would oppose it.He addressed the issue of gang problems and stated this is a matter of trying to give a tool to the police department so that they can be effective in making sure we have a safe community. Councilman Perkins explained that he could not support this ordinance. Mr.Robert Camboni,1458 E.18th Avenue,stated he supports gun control for the young people,but it might be the case that the gun could be taken by a minor without consent,and it may be an expensive one,so he would like that the owner of the gun have at least one chance to get it back before is confiscated. Capt.Cox was concerned that if that is specified the police would have to give it back even under unusual circumstances,so it would be up to the Court to decide if it has to go back. The Council further discussed the purpose of this proposed ordinance. Mayor Damiano asked if there was anyone else wishing to address the Council on this issue.There being no one else,he closed the hearing to the public. Councilman Coleman asked what other cities have adopted a similar ordinance,besides Phoenix. Capt.Cox replied that Scottsdale and Tempe have considered it but he did not recall if they have passed it. Councilwoman Alger asked if a juvenile has a weapon concealed even with the parents permission,is that considered a violation of the law. Capt.Cox replied that is correct and explained that the parents authorization to carry the firearm does not authorize them to violate State law that says you should not carry a concealed weapon. Councilwoman Alger stated she does not understand why the Council is asked to do this,because if kids are going to concealed it,the police can use State law to get the weapon;but if they are going to walk around with the gun visible,chances are they are not going to do anything wrong with it and they probably got permission to have it and everything is legitimate. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 9 OF 14 Mr.Gimbut stated that Mr.Taylor Rich,who is with the Phoenix City Attorney's Office on the prosecutor side, informed him that with respect to vehicle,if a gun is in the glove compartment or in a gun case or in the trunk,it's fine and if it can be seen and is noticeable,it's fine;the problem is with guns that are barely noticeable and they take the position that if an officer can see any portion of the gun up from under the seat,then it's not concealed.He stated that under these circumstances the police might want to take the gun away from that person. Vice Mayor Eidson MOVED THAT ORDINANCE NO.840 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. 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 10 OFFENSES,BY ADDING A NEW ARTICLE 10-2 UNLAWFUL POSSESSION OF FIREARMS. BY MINOR;REPEALING ANY CONFLICTING PROVISIONS;PROVIDINGTOR SEVERABILITY AND DECLARING AN EMERGENCY Vice Mayor Eidson MOVED THAT ORDINANCE NO.840,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:IN SECTION 10-2-4,THE WORD "SHALL"BE REMOVED AND REPLACED BY "MAY". Councilwoman Alger,SECONDED THE MOTION.: VOTE:In favor:Councilman Cox,Councilman Coleman,Vice Mayor Eidson, Councilwoman Alger,Mayor Damiano. Opposed:Councilman Perkins,Councilwoman Barker. The motion carried without the emergency clause. Mayor Damian() recessed the meeting at 8:40 p.m.The meeting was reconvened at 8:55 p.m. OLD BUSINESS None. REGULAR- MEETING OF THE. CITY COUNCIL. SEPTEMBER15,1992 PAGE10 Of 14 NEW BUSINESS SD -92-01:ROADHAVEN RESORT -PHASE 2 (PLAT AMENDMENT NO.1) )Planning Division Manager Jim Nakagawa briefed the Council on this item.He stated the Subdivision Committee approved the preliminary plat and recommends the adoption of the final plat. Councilwoman Barker MOVED THAT CASE SD -92-01,A REQUEST BY THE HOMEOWNERS ASSOCIATION OF ROADHAVEN R.V.RESORT TO AMEND THE PLAT OF ROADHAVEN RESORT -PHASE 2,BY COMBINING AND REDESIGNATING PARCELS 38 AND 370 FROM RESIDENTIAL SPACES TO A NEW COMMON AREA TRACT,WITH THE STIPULATION THAT THE PRELIMINARY PLAT FEE OF $500 BE WAIVED AND THE SUBMITTED PLAT BE ACCEPTED AS THE FINAL PLAT,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS COMMERCIAL PERMITTING PROCESS REVIEW )Economic Development Manager Mr. John Schoeph stated the Economic Development Commission has prepared a report as a result of a study they made of the city's permitting process and made some recommendations.He explained that the permitting process is critical to the whole economic development process,so time was spent in getting familiar with how that works and trying to translate it in terms of how does it work for the user. Councilwoman Barker asked about some recommendations that are computer based,if the City has that equipment. Mr.Nakagawa replied that right now we have the computer generated permit system in operation. Councilwoman Barker asked if it's generated by number as suggested in the report. Mr.Nakagawa replied he believed it is but he would have to verify it with Building. Councilwoman Barker pointed out another computer suggestion of the feasibility of issuing permits by telephone. REGULAR MEETING OFTHECITY .COUNCIL SEPTEMBER:15,199a- PAGE 11 OF 141 Mr.Nakagawa replied that sounds more complicated but he would guess that means installing a modem of some sort. Councilwoman Barker asked about the over-the-counter service,if the 15-to 20 -minute time frame is feasible and what types of permits are they talking about there. Mr.Nakagawa replied he believes they are talking about some of the park model or awning type installations, mobile home permits. Councilwoman Alger asked if there are any other types of permits that could be included in this. Mr.Nakagawa replied that it could be so,but he could not think of any others. Councilwoman Barker asked if in the past there wasn't an easy format that was proposed by the Council for people to pick up that told them precisely what they needed to do,step by step. Ms.Connelly recalled that happened when Charles Coleman was in Building;that he was working on it and got copies of pamphlets that other cities were using. Councilwoman Barker stated she believes that pamphlet would have answered some of the questions and that another part of the pamphlet was the definition of the process in laymen's terms. point No.5,page 2 of the report. Councilwoman Alger commented on The Council discussed whether the waived fee should be paid by the employees,out of their salary. Ms.Connelly stated it should probably come out of the Department's budget. Mr.Gimbut stated the Assistant City Manager had asked him to consider drafting a form of ordinance that would give some discretion to the manager under certain circumstances to allow building permit fees to be waived,and that he would try to prepare that and have it ready for the Council at their next meeting. COUNCIL GET MORE INFORMATION ON THIS. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 12 OF 14 Councilwoman Alger MOVED THAT THE Councilwoman Barker ADDED THAT THEY ALSO FIND THE PAMPHLET THAT STARTED SOMEWHERE.Councilwoman Alger agreed to that and Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON MONDAY,OCTOBER 5,1992 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,OCTOBER 6,1992 IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins,on behalf of the Fire Department,thanked Operations Superintendent Doug Dobson and others for their assistance at a recent fire. Councilwoman Alger thanked Public Works Director Rich Broman for having taken care of Tomahawk Road. Councilwoman Barker thanked the Council for the flowers sent to her in the loss of her father. ADJOURNMENT )Mayor Damiano adjourned the meeting at 9:11 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of September 1,1992. 3.Approval of Intergovernmental Agreement (IGA)with Pinal County.The City Council allocated $10,000 to assist the County •in the development of a building,initially to be used for a food bank.The IGA formalizes the agreement. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 13 OF 14 ACCEPTED THIS 6TH DAY OF OCTOBER ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF OCTOBER ,1992. ATTEST: KATHLEEN CONNELLY City Clerk CtitAA./ T OMAS DAMIANOTHOMAS DAMIANO Mayor 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 15th day of September,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of September,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 15,1992 PAGE 14 OF 14