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HomeMy WebLinkAbout1991-03-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 5,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 5,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilman Absent: Staff Present: Others Present: REGULAR MEETING OF THE MARCH 5,1991 PAGE 1 CITY Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Mayor Bluntschly (illness) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Assistant City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Dr.John Niebling Central Arizona College Mr.David Beyer 1980 S.Hilton Apache Junction,Arizona COUNCIL Mr.Andrew Grenya 1929 S.Vaquero Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Barker MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED; AND THAT THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA MUNICIPAL RISK RETENTION POOL BE ACCEPTED AS PRESENTED; AND THAT THE CITY ATTORNEY BE AUTHORIZED TO PROCEED IN FILING A DECLARATORY JUDGEMENT TO DETERMINE VESTED RIGHTS REGARDING 1533 SOUTH MERIDIAN DRIVE; AND THAT THE CLAIM FILED AGAINST THE CITY BY JOHN LARRY MCLAWS ON BEHALF OF VICTOR MARTINEZ BE REJECTED. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Assistant City Manager George Hoffman announced that there are two reci- pients of Five Year Service Pins and called on Director of Library Pam Loui. Director of Library Pam Loui stated that there is one Five Year Service Pin to be awarded in memory of Kit Johnston,who served as a Library Assistant for over seven years;and one for Karen Tilton,who has served for over six years. CALL TO THE PUBLIC Mrs.Cora Blatterspiel,760 E.Mesquite,Apache Junction,addressed the Council and staff with a suggestion to alleviate the budget problems,to imple- ment a "bedroom"tax. CITY MANAGER'S REPORT City Manager Michael R.Lee stated that CAAG had a Management Committee meeting to discuss the method of distribution of CDBG funds,and the result was to change the points given for leverage from 30 to 20 points and increased the point value for "low -mod"benefit from 40 to 50 points,which will make Apache Junction's applications more competitive as we do have a very high "low -mod" REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 2 population.Mr.Lee added that this recommendation will go to the CAAG Regional Council on March 27th,at which time they will take action on the formula for distriband that the Strategy meeting also had discussion on handicapped require- ments which have recently changed,so the City will have to make some changes in accessibility. Mr.Lee reported that the Police Department Building bid amount has been negotiated down approximately $7,000 by doing some work in-house and eliminating some items from the building,and that the construction cost is coming from the hiring freeze,so the budgeted amount for the construction is not being used for this purpose. Mr.Lee reported on street improvement projects,that the deck is being formed on the Weekes Wash project;guard rails are in the process of construc- tion on Southern Avenue culvert crossings;intersection improvements will be done later this week in cooperation with the State Highway Department on State Route 88 and Lost Dutchman;and intersection improvements on State Route 88 and Superstition also in conjunction with the State.Mr.Lee added that the Streets Division is in the process of cleaning up after the recent storms. Mr.Lee stated that Police Department Building is scheduled for completion by April 30th. Mr.Lee read the updated financial report to the Council and public,with an improved estimated shortfall of $280,000.Mr.Lee stated that there has recently been another layoff in the Engineering Department,with a total of five layoffs. Vice Mayor Damiano asked i f the area where the Police Department Building was located will be cleared off to look nice. Mr.Lee replied that it would be. PUBLIC HEARINGS PROPOSED ORDINANCE NO.779,PZ-20-90, AMENDING ARTICLES 6,12,13,AND 21 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,AND ARTICLES III AND VI OF THE APACHE JUNCTION SUBDIVISION REBULATIONS,ESTABLISHING NEW FILING FEES FOR DEVELOPMENT -RELATED APPLICATIONS) )Planning Division Manager Jim Nakagawa explained that this Ordinance was continued from February 19th,for further information on postage and advertisement costs.Mr.Nakagawa reported that the City of Gilbert was contacted in regards to their method of requiring a deposit for fees and then being charged for actual advertisement costs,and that the City of Gilbert no longer does this as i t takes too much time keeping track of costs so they now charge a flat fee. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 3 Vice Mayor Damiano asked i f there was anyone who wished to speak on this ordinance.There being no one wishing to address the Council,Vice Mayor Damiano closed the hearing to the public. Councilman Vehon expressed hesita- tion in making such a drastic change in fees,although many of the fees are justified,and included staff time in the fees.Councilman Vehon asked what the difference is between the cost of newspaper advertisement and the cost for four publications. Mr.Nakagawa explained that the Statutes require a publication prior to zoning amendments,and also that the amendment be published four times following approval. Councilman Vehon pointed out that if someone applied for a rezoning of 40 acres,the cost would be approximately $1,500 and that this seems rather high. Councilwoman Barker shared Councilman Vehon's concerns,stating that the person initiating the rezoning should pay advertising costs as the Statutes mandate this,as well as the mailings,but stated that staff time should not be included in the fees as staff are working anyway. Councilwoman Alger questioned the requirement for four publications following adoption. City Clerk Kathleen Connelly pointed out that §39-204 does require these publications. Councilwoman Alger pointed out that there is no choice in charging for the newspaper publications,but the mailings and staff time do not have to be charged back to the applicant. Mr.Nakagawa explained that the mail -outs are based on the number of surrounding property owners,and can run into quite a lot of money. Councilwoman Alger commented that her biggest problem is with the charges for a general plan amendment -going from zero to $2500. for a Variance goes from $65 to $250. Councilman Eidson asked why the fee Mr.Nakagawa explained that an appeal of a Zoning Administrator decision is going from $65 to $50,which is actually a decrease. Councilman Eidson stated that he has an objection to the fee for a general plan amendment,as this is what the REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 4 Council has urged people to do rather than applying for a zoning amendment that does not comply with the General Plan. Councilman Vehon asked i f the time extension on the schedule is the same as a time extension for conditional use permits. Mr.Nakagawa replied that this would be considered as a CUP amendment,since doing away with time extension fees is being considered. Councilman Vehon asked i f he gets a conditional use permit,would he have to keep coming in and asking for time extensions. Mr.Nakagawa explained that he would have to ask for an extension i f he found that the project could not be completed within the time period given with the conditional use permit,such as one year. Councilman Vehon asked i f the fee would be $250 for that extension. Mr.Nakagawa replied that this would be categorized as a CUP amendment,which is $300,and that the time extensions listed is for zoning amendments. Councilman Vehon referred to what is listed in the ordinance,and i f this can be deleted from the schedule,since i t is covered in the ordinance. Mr.Nakagawa explained that since the adoption of the ordinance for zoning reversions,this had to be changed. Councilman Vehon suggested compro- mising by reducing the $500 fees to $400 and $150 fees to $75,so that the jump in fees aren't so drastic. Councilman Vehon questioned the fee for final plats. City Engineer Gordon Grandy explained that final plats are more detailed than the preliminary plats,as this is what is recorded. Councilman Vehon pointed out that for a 40 acre subdivision,it would cost around $2500 to get through the City with the proposed fee changes. Councilman Vehon suggested that in the ordinance,leave the fees for rezoning of single family residences alone; REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 5 rezoning for single family greater than 1% acres going to $400 plus $25 per acre,and the same for rezoning to other classifications and planned develop- ment;and amendment to planned development charge $400;time extension and con- tinuance as proposed. Councilwoman Alger stated that i t isn't fair to charge someone a fee to request a time extension to avoid zoning reversion,when this is something the City is requiring. Attorney for an opinion. Councilman Vehon asked the City City Attorney David Alexander replied that the problem with time extensions is one of "due process",and argu- ments that an applicant was denied due process is one the City should avoid,so there the fee should either be very low or none at all,as applied to the two- year reversion hearing. Councilman Vehon asked if making this many changes to this ordinance would be a problem. Mr.Alexander replied that the dollar changes can be understood,but the verbage changes may be confusing. Councilman Vehon pointed out that any dollar changes will be lower and not higher. City Clerk Kathleen Connelly reminded the Council that there are two separate documents being considered,an ordinance spelling out one set of fees,and a resolution setting general plan amendment fees. Councilwoman Alger referred to Section E of the proposed ordinance,stating that the Planning and Zoning Commission considered one of the changes,and asked where the other two changes came from. Mr.Nakagawa answered that the Planning and Zoning Commission considered two changes in the Lot Split section. Councilwoman Alger pointed out that there are two changes in Section F under Preliminary Plat fees,and the Planning and Zoning Commission only considered one change,and asked i f the other is recommended by staff. Mr.Nakagawa explained that he had incorrectly thought the other was considered also,but since listening to the tapes this was not the case. Councilwoman Alger clarified that the Commission agreed to one fee of $500 rather than two. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 6 Mr.Nakagawa agreed. City Engineer Gordon Grandy informed the Council that there are additional review fees,per sheet,for second and third reviews. Councilman Vehon commented that this doesn't sound unreasonable. Councilwoman Alger stated that i t could cost up to $1,000 for a subdivision,in fees. Mr.Nakagawa stated that i t can cost the the city or county from $2,000 to $20,000 to process a subdivision review. City of Mesa charges for subdivision review. Councilwoman Alger asked what the Councilman Vehon replied that i t seems to be an initial $375 for a preliminary,plus $4 per lot,and then $375 for the final review. Councilwoman Alger stated that cities larger than Apache Junction are charging less in fees then these proposed,and we may be defeating ourselves by charging these large fees. City Manager Michael R.Lee stated that the Council is considering significant public policies,and the Council needs to develop a policy on how the City is to pay for public services/amenities,and although some bigger cities charge less,every city is different and the Council should remember that some of these bigger cities have a property tax or utilities subsidizing their general fund.Mr.Lee added that Apache Junction does not have a property tax,and i f the service is something that can be identified by putting a price on i t -then i t is good public policy to do so to the extent that is possible -the Council should be working towards a policy of trying to make these people that are getting the benefit pay for it, or not.Mr.Lee commented that the Council is getting closer to this,but seem to be uncomfortable with,or are unsure of what the policy to follow is. Mr.Lee further stated that his per- sonal opinion is that in this area the City should be looking as far as possible into recouping the actual cost of this service,as the average citizen does not like the idea of subsidizing a developer,particularly someone developing to make a profit. this was very well put. Vice Mayor Damiano commented that Councilwoman Alger stated that i f this was strictly for developers she would agree,however,these fees are also REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 7 for the average citizen getting a building permit or asking for a rezoning,and the City already has a problem in the area of public image without compounding i t by throwing in really high fees. Councilman Eidson asked how much i t would cost in fees for a permit to build a 1500 square foot house. Mr.Nakagawa replied that it would require a building permit,which is not included in the proposed fee schedule, but would cost approximately $300. City Engineer Gordon Grandy stated that a building permit is based on a valuation of the construction which is a sliding scale. City Attorney David Alexander suggested the Councilmembers attempt to put the amendments into one motion,to avoid confusion. Vice Mayor Damiano asked i f the Council would prefer to postpone the ordinance. Councilwoman Alger stated that i t wouldn't do any good to postpone,and that possibly Councilman Vehon could make a motion. Councilman Vehon MOVED THAT ORDINANCE NO.779,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Barker seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.779,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLES 6,12,13,AND 21 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE AND ARTICLES III AND VI OF THE APACHE JUNCTION SUBDIVISION REGULATIONS;ESTABLISHING NEW FILING FEES FOR DEVELOPMENT -RELATED APPLICATIONS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.779,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 8 UNDER THE SCHEDULE OF FILING FEES;NO.2 BE AMENDED TO $400 PLUS $25 PER ACRE; NO.3 BE AMENDED TO $400 PLUS $25 PER ACRE;NO.4 BE AMENDED TO $400 PLUS $25 PER ACRE;NO.5 BE AMENDED TO $400;AND THAT UNDER (E)SECTION 3.0704 THE NONREFUNDABLE FEE BE $75;AND THAT NO.6 BE ELIMINATED FOR TIME EXTENSIONS. Councilwoman Alger seconded the motion. Councilwoman Barker commented that this is a good compromise,as that fees do need to be raised without being exhorbitant,and reaching a compromise is necessary. VOTE:Unanimous The motion carried. Planning Division Manager Jim Nakagawa explained that the presentation on zoning and subdivision amendments included the proposed general plan amendment filing fees,and requested that the Council consider a $2,500 fee. Vice Mayor Damiano asked i f there was anyone who wished to speak on this item.There being no one wishing to speak,Vice Mayor Damiano closed the hearing to the public. Councilman Vehon asked i f the example used,GPA-90,didn't have a map that included most of the City due to all of the commercial strips. Mr.Nakagawa replied that there were four general plan amendments in 1990,and three involved publication of maps involving the Parsons -Brinkerhoff Study regarding regional transportation corri- dors,a change in Section 17,and the strip commercial along major arterials,so the example of costs was publication of all four cases twice. Councilman Vehon expressed concern that a private citizen wishing to change the designation on a 20 acre parcel would not involve a cost of $1,300. cost would be around $300 for publication. Mr.Nakagawa stated that the minimum Councilman Vehon stated that in his opinion,$2,500 is excessive for a filing fee. Councilwoman Barker agreed with Councilman Vehon,stating that this is a terribly amplified cost particularly as the Council has asked the public to assist with looking at changes to the General Plan. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 9 Mr.Nakagawa explained that when other cities were contacted,i t appeared that only the City of Phoenix charges a fee for these amendments,with an average fee of $2,500. Councilwoman Barker argued that Apache Junction is not Phoenix,and that they are an established community who's density etc.has already gone through all of the changes Apache Junction still has room for,and we need to make this a little more accessible for the public. Councilwoman Alger MOVED THAT RESOLUTION NO.91-07,ESTABLISHING FILING FEES FOR GENERAL PLAN AMENDMENT APPLICATIONS,BE DENIED. The motion died due to lack of a second. Councilman Vehon MOVED THAT RESOLUTION NO.91-07,ESTABLISHING FILING FEES FOR GENERAL PLAN AMENDMENT APPLICATIONS,BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT THE FEE CHARGED BE $400 PLUS $25 PER ACRE. The motion died due to lack of a second. Councilwoman Alger MOVED THAT RESOLUTION NO.91-07,ESTABLISHING FILING FEES FOR GENERAL PLAN AMENDMENT APPLICATIONS,BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT THE FEE BE AT $300. Councilman Eidson seconded the motion. Councilman Vehon asked i f the Council would consider a per acre charge above the fee. Councilwoman Alger answered that she did not like having any fee,and is being done too soon after the change on the General Plan process,but $300 is a compromise. fee plus $25 per acre. the "hard costs". would not change. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 10 Councilman Eidson suggested a $100 Mr.Lee asked i f the acreage changes Mr.Nakagawa replied that the cost VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Alger, Councilman Vehon,Vice Mayor Damiano Opposed:Councilwoman Barker The motion carried. Vice Mayor Damiano recessed the meeting at 8:15 p.m. Vice Mayor Damiano reconvened the meeting at 8:28 p.m. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.91-09, SUPPORTING CENTRAL ARIZONA COLLEGE )Councilman Vehon requested that the Council adopt a resolution in support of Central Arizona College,as the College recently purchased a building and is putting a full-time campus in our com- munity,and that this would be a way to show gratitude for their investments and impact on the community. Dr.John Niebling stated that he is pleased that the Council is considering such a resolution,and further stated that the Board of Directors is very excited about the campus in Apache Junction. Councilman Vehon MOVED THAT RESOLUTION NO.91-09,SUPPORTING AND COMMENDING CENTRAL ARIZONA COLLEGE FOR THEIR RECENT INVESTMENT IN THE LOCAL CAMPUS;AND ACKNOWLEDGING THEIR CONTINUED CONTRIBUTION TO OUR COMMUNITY BY IMPROVING THE QUALITY OF LIFE FOR OUR CITIZENS, BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.91-08,RECOGNIZING THE IMPORTANCE OF STATE SHARED REVENUES REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 11 AND CALLING UPON THE GOVERNOR AND ARIZONA STATE LEGISLATURE TO OPPOSE ANY REDUCTION OR CAP UPON DISTRIBUTION OF SUCH REVENUES) )City Manager Michael R.Lee strongly encouraged the Council to adopt this resolution,as virtually every town in Arizona is concerned with the Legislatures attempt to balance its budget on the backs of the cities and towns in Arizona,and requested that the City Clerk read the entire resolution. City Clerk Kathleen Connelly read Resolution No.91-08 in its entirety. Vice Mayor Damiano asked i f this issue has gone through the Legislature as yet. Mr.Lee replied that i t is pending, but wasn't sure when. Assistant City Manager George Hoffman explained that it was recommended by the Joint Legislative Budget Committee. recommended by the previous Governor. cities are doing a similar resolution. Mr.Lee added that it was also Councilman Vehon asked i f other Mr.Lee confirmed this. Vice Mayor Damiano commented that he had read an article saying that a whole bunch of cities were picketing the capitol. Mr.Lee stated that they had a meeting and press conference,and that the City of Mesa has adopted a similar resolution. City Clerk Kathleen Connelly informed the Council that the current Governor is opposed to the capping of State Shared Revenues. Mr.Lee pointed out that the most important thing about this legislation is that it was initiated by the voters of Arizona many years ago,and should be changed by the voters. Councilman Eidson MOVED THAT RESOLUTION NO.91-08,RECOGNIZING THE IMPORTANCE OF STATE SHARED REVENUES TO CITIES AND CALLING UPON THE ARIZONA STATE LEGISLATURE AND THE GOVERNOR TO OPPOSE ANY REDUCTION OR CAP UPON THE DISTRIBUTION OF SUCH REVENUES,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 12 Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. APPEAL OF DEVELOPMENT SERVICES DIRECTOR'S DECISION IN LAND SPLIT CASE L.S.M.91-003 (DAVID AND LINDA BEYER) )Planning Division Manager Jim Nakagawa explained that David and Linda Beyer are appealing a decision of a land split application submitted by them,and that in December 1990 the Council approved a rezoning application also submitted by them,but that prior to that an ordinance was adopted requiring 20,000 square feet as a minimum lot size. Mr.Nakagawa further explained that since adoption of that ordinance,the Beyers submitted the application for a lot split with one of the proposed lots not meeting the 20,000 square foot requirement. Mr.Nakagawa stated that the request for lot split was denied,and this is an appeal of that decision. Mr.David Beyer,1980 S.Hilton, Apache Junction,stated that he had applied for a rezoning on October 2nd,and was informed that in order to split the lot the property would have to be rezoned and has spent a lot of money on this whole process.Mr.Beyer stated that he had also spent a lot of time moving a fence which encroached on the right-of-way he had given the City,and that the lot would not be acceptable for him at 20,000 square feet. Mr.Beyer stated that when the lot split change was adopted,i t set the requirements back three or four months,as a rezoning has to be done prior to a lot split,and further that he has "vested rights"because of this. Councilman Vehon pointed out that on October 16,1990,the Council approved the changes to the lot split require- ments,and than on December 18th,the Council approved Mr.Beyer's rezoning. Mr.Beyer agreed,but pointed out that he had applied for the rezoning prior to the lot split change. Mr.Beyer stated that he applied for this rezoning and lot split,because he had heard that the City may be increasing the lot size requirement,and now he is being told that he didn't do i t soon enough. Councilwoman Alger asked if at the time Mr.Beyer made application staff had told him of the pending legislation for increasing the size of lots. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 13 Mr.Beyer replied that they did,and this is what caused him to make application,as he didn't realize the Council would make the change so quickly. Councilwoman Alger asked again i f Mr.Beyer was told at the time he applied for a rezoning of the pending increase in lot size requirements. Mr.Beyer answered that he was told that the Planning and Zoning Commission was hearing the proposed change,and that he was at the meeting when the Commission recommended not increasing the size requirement. Councilwoman Alger pointed out that from the beginning Mr.Beyer was aware of the pending change. Mr.Beyer commented that he was,but didn't think the Council would do this to the people of Apache Junction. Councilwoman Barker stated that on October 2nd Mr.Beyer applied for the rezoning,at which time he was informed of the pending legislation,and than he waited five or six weeks prior to applying for a lot split. Mr.Beyer explained that he waited through the holidays,as well as needing time to accomplish the fence changes which were stipulated with the rezoning. Councilwoman Barker commented that she was establishing the sequence of events. Mr.Beyer stated that he didn't think there was a big rush as the Council had already passed the lot split change. Mr.Andrew Grenya,1929 S.Vaquero, Apache Junction,addressed the Council in favor of the lot split,and stated that staff accepted Mr.Beyer's money prior to the change,so this gives him "vested rights". Councilwoman Barker stated that i t appears that we have someone who put money down thinking he could get through the process,but he was wrong in as much as the process should have stopped him at some point. Councilman Eidson agreed,stating that i t caused a monetary hardship to the applicant,and the City is partly at fault due to the circumstances. City is at fault. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 14 Councilwoman Alger asked why the Councilman Eidson replied that because the City took his money. Councilwoman Alger explained that two separate actions took place,and that when there is pending legislation,not knowing i f it will pass or not,staff cannot refuse to take applications for a rezoning. Councilman Eidson pointed out that the man applied for something that was legal,and than the Council changed the rules making this illegal,and as he had already started the process the City would have to take partial responsibility for that. Councilwoman Alger pointed out that when application was made,the applicant knew about the pending legislation,so he had the option of not going forward until the legislation was acted upon. Councilwoman Alger added that staff cannot refuse to take a rezoning application based on whether or not the Council may or may not adopt legislation. Councilman Cox stated that the Council is responsible for the actions of the employees,and this man should be treated fairly by being given the zoning. Vice Mayor Damiano commented that he is sick and tired of hearing of employees making mistakes,and is sick and tired of voting against what the people want,and this man is honest and should not have to suffer anymore. Councilman Vehon stated that the city set up an appeals process for cases such as this,that staff did not do anything wrong as they had no idea whether these regulations would change or not.Councilman Vehon further stated that staff was right in denying this case as i t did not comply with Council -adopted requirements,and i t is now up to the Council how they act on this appeal. Vice Mayor Damiano stated that he did not believe staff "fell down"altogether,but it was little things adding up to big things. City Manager Michael R.Lee stated that he didn't see how staff could have done differently as they did make the applicant aware of the risk,and to have done differently would have been making a mistake.Mr.Lee further stated that he would like to see the Council base their decision on the facts and not on the fact that they believe staff made a mistake. Vice Mayor Damiano commented that he didn't believe staff made a big mistake,but should have helped the applicant in the beginning. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 15 Mr.Lee stated that staff did help the applicant. Councilwoman Alger stated that the applicant was warned of the risk involved with the pending legislation,so she is not in total agreement that Mr.Beyer should receive the lot split. Councilwoman Alger requested that i f this is going to be a continuing problem, with the requirement for rezoning prior to lot splits,that they be accomplished at the same time. Vice Mayor Damiano commented that this was a period of uncertainty. Councilwoman Alger stated that the fault lies with the process,and the process should be changed. Mr.Lee asked staff i f there have been any other applications that would fall into this category. Mr.Nakagawa replied that there is only one other case,and the application for lot split was turned in prior to the change. Mr.Lee pointed out that there wouldn't necessarily be any benefit to changing the ordinance now,as the "gray" period no longer exists. Councilwoman Alger disagreed, stating that the when there is a lot split intended and this is the reason for a rezoning,there is no reason why they cannot be simultaneous. Mr.Nakagawa stated that it may be the case that the applicant has the option now -filing both application con- currently -however,this would be a risk,of having all of the lot split sur- veys done,etc.i f the rezoning is not approved. cants have that ability now. but he would have to check. Councilwoman Alger asked if appli- Mr.Nakagawa replied that they may, Councilwoman Alger stated that i f this ability does exist and Mr.Beyer was not told this,than staff was at fault. Mr.Nakagawa commented that a lot of applicants will not undertake the expense of a lot split application -sur- veying,etc.-without knowing whether or not the rezoning will be approved,so i t should be optional not mandatory. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 16 Councilwoman Alger stated that this is fine,but this should be researched. Councilman Eidson MOVED THAT THE APPEAL OF THE DECISION FOR DENIAL OF A LAND SPLIT APPLICATION SUBMITTED BY DAVID AND LINDA BEYER,FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST 20TH AVENUE AND SOUTH HILTON ROAD,BE GRANTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: Direction to establish a City policy regarding dust control measures and to include the application of HRaybinderu. Director of Public Works Rich Broman explained the the City currently does not water dirt roads,as i t is not cost effective,not budgeted,would have to be provided to all who live on dirt roads,and there are too many miles of dirt roads to consider this service. Mr.Broman further explained that a dust paliative mRaybinder"has recently been tested with good results,however,the money has not been available to use this option. Mr.Broman stated that in recent conversations with residents and businessmen,there appears to be an interest in them purchasing the materials and City crews performing the work,at a cost of $1 per lineal foot.Mr.Broman further stated that the supplier does have a minimum charge of $2300,so there is a potential of combining sites until the minimum charge could be reached.Mr.Broman concluded his presentation by stating that a draft policy for the concept of the application of these products has been prepared,should the Council be interested. Councilwoman Alger asked i f streets aren't wider than 24 feet. Mr.Broman replied that some of the dirt streets aren't,but i f they are,the middle portion of the street would be scarified. Councilman Vehon asked i f policies weren't passed last year for street improvements. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 17 Mr.Broman replied that this is correct,but they did not include dust control,and that this policy would essentially be part of those policies. Councilman Vehon asked i f the HURF funds situation improves,will the Transportation Board be looking at including the Raybinder for some streets into the Five Year Street Improvement Plan. Mr.Broman pointed out that there are other things that may be more of a priority,such as intersection improve- ments,should more funds become available. Mr.Lee added that there are serious concerns with maintaining the currently paved roads,and should the Legislature improve the HURF fund situation,it might be something to look at. Councilman Vehon asked what a "flush coat"is. Mr.Broman explained that the ini- tial application is heavier,but after a few months a flush coat,which is a small amount,can be applied. Councilwoman Alger asked i f the "washboard"effect caused from traffic,occurs with the Raybinder. Operations Supervisor Doug Dobson explained that the rains cause this effect,but that i t can be touched up to eliminate that problem. Mr.Broman and Mr.Dobson agreed that the application of Raybinder cuts down on the "washboard"problems. Councilwoman Alger asked i f Raybinder will hold up to the really heavy water flow caused from rain. Mr.Dobson replied that i t has on other streets that have Raybinder. Vice Mayor Damiano commented that the recently Raybinded roads appear to be wet,and asked i f cars could slip. Mr.Dobson explained that the pro- duct is a derivative of the sap from the Hemlock tree,so i t is not slippery. Mr.Lee added that i t is not slip- pery or fly up and stick on your car. Councilman Vehon MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO FINALIZE A DUST CONTROL POLICY,TO REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 18 INCLUDE THE APPLICATION OF DRAYBINDERH,FOR CITY COUNCIL RATIFICATION,AND THAT THIS POLICY BE INCLUDED IN THE OPERATIONS POLICY PASSED PREVIOUSLY. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. DIRECTION FOR UTILIZATION OF CITY PAGE IN APACHE JUNCTION INDEPENDENT NEWSPAPER FOR SEWER PUBLIC INFORMATION PROGRAM. Assistant City Manager George Hoffman stated that when a survey was done on why residents voted as they did on the last water and sewer issue which was placed on a ballot,many said it was because they did not have adequate information.Mr.Hoffman further stated that the intent of this agenda item is to ask permission to utilize a page,three times in the Apache Junction Independent even though normally something like this wouldn't be brough to the Council,however,as i t came to the Council once before when there was no interest i t seemed best to be sure that the Council would be comfortable with this. Mr.Hoffman explained that a "City Page"like any other communication to the public on the sewer issue,must be information only without advocating for or against the issue. Mr.Hoffman added that he feels this is a really good way to communicate with the public,and possibly i f the response on this is positive,the Council may consider doing something like this on a permanent basis in the future. this would run. a full page,once a month for three months. Councilman Eidson asked how long Mr.Hoffman replied that it would be Councilman Vehon MOVED THAT DIRECTION BE GIVEN THE ASSISTANT CITY MANAGER,THROUGH THE CITY MANAGER,TO UTILIZE A CITY PAGE IN THE APACHE JUNCTION INDEPENDENT NEWSPAPER FOR THE MONTHS OF MARCH,APRIL,AND MAY,FOR THE PURPOSE OF CONVEYING INFORMATION TO AREA CITIZENS ON THE ISSUES ASSOCIATED WITH THE SEWER ELECTION. Councilman Eidson seconded the motion. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 19 The motion carried. DIRECTION ON STAFF RECOMMENDATION FOR HIRING OF A FULL-TIME CITY ATTORNEY TO INCLUDE THE DESIRED HIRING PROCESS. Mr.Hoffman stated that the understanding is that the Council would like to proceed with hiring a full-time, in-house City Attorney,to take place in next year's budget to be on -board by July 1st. Mr.Lee asked to clarify that the Council has already entered into a contract to do that. Mr.Hoffman stated that the contract is for the current service,as the City would be without services if we don't recontract. Mr.Lee further clarified that this intent is included in the current contract. Mr.Hoffman stated that he doesn't need responses tonight,but perhaps by April 2nd.Mr.Hoffman further stated that some of the specifics needed are,who the City Attorney will report to,the City Manager or City Council;will the City Attorney have a contract or be classified;and that the current Council will need to do the hiring i f this attorney is to be on board by July 1st,allowing for overlap with the existing attorney. Mr.Hoffman asked i f staff should recruit instate first,and encouraged the Council to involve the current City Attorney and the City Manager in the interviewing and subsequent discussion pro- cess of the hiring,and explained that there are monies budgeted for secretarial support for the attorney.Mr.Hoffman suggested that the hiring of a secretary wait until the new city attorney is on board to make the decision of what type of assistance will be necessary. Councilman Eidson pointed out that any attorney hired will need to give notice at their current job,so in order to get an attorney hired by July 1st would mean starting now. Councilman Vehon suggested giving direction tonight to begin the process,as it will be necessary to start right away in order to get a good quality person. Councilwoman Barker stated that she would like in -state recruitment done right away;with a panel of lawyers for the interview including the current City Attorney. Mr.Hoffman commented that the current attorney may also be aware of some of the applicants qualifications. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 20 a judge on the panel. Councilman Vehon suggested including City Attorney David Alexander stated that Bob Farrell has volunteered already to serve on the panel,and that he has recently served on two interview panels which included attorneys,judges,and some lay people -these were for Mesa and Chandler.Mr.Alexander explained that these panels made preliminary interviews,making three recommendations to the Council. Mr.Alexander asked how many people the Council would wish to serve on the panel,and stated that Mr.Farrell had suggested at least two city attorneys,a judge,one or two lay people. of judge was referred to. be a Superior Court Judge. wouldn't want a J.P.on the panel. recommend a Superior Court Judge. Vice Mayor Damiano asked what kind Mr.Alexander replied that it would Vice Mayor Damiano commented that he Mr.Alexander added that he would Vice Mayor Damiano stated that he did not remember any discussion on hiring a full-time attorney -this is new - and asked what happens during the overlap period,would the City pay both attorneys. Mr.Hoffman explained that some of the cases have a very long and complex history,and in order for a new attorney to provide the Council with the very best legal protection,it would be necessary for the attorney to have as much information as possible. Mr.Alexander pointed out that the new attorney will have to set up an office and hire staff. Vice Mayor Damiano stated that two people will be paid for a couple of months,as well as an office being necessary. Mr.Hoffman explained that an office has been provided - where the Director of Public Works used to be located,in the Finance Building. Vice Mayor Damiano asked if City Attorney David Alexander applies for the position,wouldn't he have to disqualify himself as an interviewer. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 21 Mr.Hoffman replied that this will not be a problem. Mr.Alexander commented that he insists on interviewing himself. Councilwoman Barker asked i f there is anything else necessary at this point. Mr.Hoffman replied that the policy decisions need to be addressed,but advertisements can be placed at this time. Councilwoman Barker asked i f the policy decisions can wait. Mr.Hoffman replied that they could. Councilwoman Alger commented that these need to be decided. Mr.Hoffman stated that they won't be included in the job announcement so those decisions won't need to be made until April. Councilman Vehon asked what pay would be included in the announcement. Mr.Hoffman explained that i t is typical to simply say "pay dependent upon qualifications",and that the budgeted amount may be higher than necessary. Vice Mayor Damiano asked i f out-of- state applicants will be considered. Mr.Hoffman stated that i f this is advertised in -state,out-of-state can apply,however,there may be advantages to hiring an in -state person such as experience with Arizona Law and someone who has passed the Arizona Bar. Vice Mayor Damiano asked i f someone were hired from New Hampshire,he would have to meet the Arizona Bar. Mr.Alexander answered that this is correct,and to do so can take months. Mr.Lee pointed out that the Council would want someone familiar with municipal law. Councilwoman Barker MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO UTILIZE THE FOLLOWING PROCESS FOR THE HIRING OF A FULL-TIME CITY ATTORNEY: REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 22 THAT AN IN -STATE RECRUITMENT BEGIN AS SOON AS POSSIBLE AND THAT A PANEL BE PUT TOGETHER MADE UP OF ATTORNEYS,A JUDGE,AND LAY PEOPLE,FOR THE PURPOSE OF GOING THROUGH THESE APPLICATIONS AND DOING INTERVIEWS,AND THAT THAT PANEL GIVE AT LEAST THREE RECOMMENDATIONS. Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, APRIL 1,1991 EXECUTIVE SESSION,APRIL 2,1991 ) ) Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON APRIL 1,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON APRIL 2,1991,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Councilman Vehon reminded everyone to vote on March 19th. Councilman Vehon reported that Saturday,the Assistant City Manager and him- self had manned a booth for the City at the Anniversary Celebration for the Courthouse in Florence,and it was well attended by the City with three coun- cilmembers and the Vice Mayor. Councilman Vehon thanked the Assistant City Manager for putting the booth together and doing all the work. City Manager Michael R.Lee reported that the Vice Mayor,and Mayors repre- senting Mesa,Chandler,Gilbert and Queen Creek,were invited to a briefing at Williams Air Force Base. REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 23 Vice Mayor Damiano commented that they wanted to let everyone know that this is the 50th Year of Williams Air Force Base,and they may have a big air show. ADJOURNMENT ) )There being no further business to discuss,Vice Mayor Damiano adjourned the meeting at 10:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 19,1991. 3.Acceptance of amendment to City agreement with the Arizona Municipal Risk Retention Pool P(A.M.R.R•.•)• 4.Authorization for City Attorney to file for declaratory judgement to deter- mine vested rights regarding 1533 South Meridian Drive. 5.Acceptance/denial of claim against the City filed by John Larry McLaws on behalf of Victor Martinez. ACCEPTED THIS 2ND DAY OF APRIL ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF APRIL KERNETH BLUNTSCH Mayor ATTEST: Kathleen Connelly City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 24 ,1991. 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 5th day of March,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3 day of KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 5,1991 PAGE 25 1991.