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AGENDA

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AGENDA ...

    MINUTES

    MINUTES OF THE REGULAR SESSION OF THE MAYOR AND COUNCIL OF

    THE CITY OF BISBEE, COUNTY OF COCHISE, STATE OF ARIZONA,

    HELD ON TUESDAY, OCTOBER 3, 2006, AT 7:00 PM

    IN THE BISBEE MUNICIPAL BUILDING, 118 ARIZONA STREET, BISBEE, ARIZONA.

THE MEETING CALLED TO ORDER BY MAYOR OERTLE AT 7:00 PM.

ROLL CALL

     COUNCIL

     Councilmember Edward “Maynard” Kreps, Ward I

     Councilmember Bennie Scott, Ward III

     Councilmember Luche Giacomino, Ward II

     Mayor Ronald Oertle

     Councilmember Anna Cline, Ward III

     Councilmember Raymond Rodgers, Ward II

     Councilmember W. J. “Jack Porter, Ward I

     STAFF

     Stephen Pauken, City Manager

     Helen I. Lehr, City Clerk

     Dee Flanagan, Finance Director

     John Charley, Community Development Director

    Jim Elkins, Chief of Police

     Jack Earnest, Fire Chief

     Peg White, Library Director

     CITY ATTORNEY

    John A. MacKinnon

INVOCATION: Mr. Jack Leonard of the B’hai faith gave the Invocation.

PLEDGE OF ALLEGIANCE

MAYOR’S PROCLAMATIONS AND ANNOUNCEMENTS:

     A Brief Summary of Current Events

    Mayor Oertle introduced Nancy Andrews. Ms. Andrews presented the Winners of the

    Cochise County Junior Miss Pageant.

    Mayor Oertle congratulated Capt. Robb Watkins of the Fire Department on his retirement

    on September 30, 2006 with over twenty-one (21) years of service with the City of Bisbee and

    presented Capt. Watkins with a plaque.

    Mayor Oertle proclaimed the third week in October as the Save Our Stairs/Bisbee 1000

    Celebration week. Cynthia Conroy accepted the proclamation on behalf of the Save Our

    Stairs committee and invited everyone to attend the Bisbee 1000 Celebration.

    Mayor Oertle reminded everyone to attend the Warren Centennial Celebration on Friday,

    October 6, 2006 from 4:00 to 7:00 PM at the lower end of Vista Park. He thanked Nancy

    Jacobsen, Wes Patience, Mr. Pauken, Councilmember Giacomino, and Councilmember

    Rodgers for their work on the celebration.

MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    Mayor Oertle announced the showing of the Plein Air Competition and Garden Tour video

    after the Council meeting.

    Mayor Oertle announced that there was a technical problem with the audio portion of the

    broadcast of the meeting.

THE FOLLOWING ITEM(S) WERE DISCUSSED, CONSIDERED AND/OR DECIDED UPON AT

    THIS MEETING:

GENERAL BUSINESS:

ACCOUNTS PAYABLE: Subject to availability of funds.

    MOTION: Councilmember Cline moved to approve Accounts Payable in the amount of $173,523.90. SECOND: Councilmember Rodgers

    Councilmember Scott inquired about the cost of renting dump trucks from United Rentals

    Northwest rather than using the money to make a down payment on the purchase of a dump

    truck. Mr. Pauken said that the city is currently doing retaining wall repairs in Old Bisbee

    and needs these vehicles for the project. He said that the city does not have dump trucks of

    this size and should consider the purchase of these vehicles in the capital improvements budget

    for the next fiscal year. Mr. Pauken added that the city has been trying to obtain six wheel,

    eight wheel, and ten wheel dump trucks from other local governments.

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

    1. CALL TO THE PUBLIC

    Susan Rohrbach announced the winner of the car at the Boys & Girls Club drawing.

    She thanked everyone who helped with the drawing.

    Susan Rohrbach, speaking on behalf of Mike Rohrbach, announced a Recycling Day

    for electronics equipment on Saturday, October 7, from 8:00 AM to Noon at Warren

    Ball Park. She thanked the city for its help and support with the Recycling Day.

    Tom Ryan, a County resident, said that he is connected to the city sewer and pays

    double for services. He requested information about who was delinquent with their

    sewer payments as well as the total amount owed to the city in delinquencies. Mayor

    Oertle directed Mr. Pauken to answer. Mr. Pauken asked Mr. Ryan to contact him

    regarding these questions.

    Mike Bednorz said that he has been invited to Carson City, Nevada to the hard rock

    drilling contest. He requested that the Council donate funds for his trip to represent

    Bisbee in this contest. Mr. Bednorz also thanked the Police Department and the thPublic Works Department for their assistance at the 4 of July.

    Catharine Webb thanked the city for placing Item #11 on the Agenda. She said that

    she was speaking on behalf of Annette Walton, the owner of Our Place Restaurant.

    She said that Ms. Walton has had an open sewer line at her restaurant for thirteen

    years and repeated calls to Public Works to close the line have been ignored. Ms.

    Webb said that she called Councilmember Porter who had interceded on Ms.

    Walton’s behalf and the sewer line was closed today. She said that Ms. Walton also

    believed that the city did not intend to fix the main line down Arizona Street where

    her business is located and described the condition of the line when it was reattached

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    MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

after the repairs were done. She added that the business is Ms. Walton’s only

    livelihood. Ms. Webb requested that the Council look into “weaknesses” in the system.

    Councilmember Porter requested that this issue be placed on the next Council agenda for an answer from staff.

    2. Approval of the Consent Agenda

    A. Approval of the Minutes of the Regular Session of the Mayor and Council held on

    September 19, 2006.

     Helen I. Lehr, City Clerk

    B. Approval of the Appointment of Larry Cummins to the Board of Adjustment.

    Mayor Oertle

    C. Approval of a Liquor License for Bushwacker Food & Spirits, 1326 Hwy. 92;

    Tango Zebra, LLC, Thomas Zimmerman, Applicant.

     Helen I. Lehr, City Clerk

    D. Approval of a Special Event Liquor License for St. Patrick’s Church Fund Raiser

    on October 13 and 14, 2006, 217 Oak Avenue/Higgins Hill; William Silva,

    Applicant.

    Helen I. Lehr, City Clerk

    E. Approval of the Appointment of Heidi M. Long to the Library Advisory Board.

    Mayor Oertle

    F. Approval of the Appointment of David R. Downey to the Library Advisory Board.

    Mayor Oertle

    G. Approval of the Resignation of Sally Rojas from the Bisbee Committee on Disability

    Issues.

    Mayor Oertle

    H. Approval of a Park Facility Right-of-Way Use Permit for Main Street on October 7,

    2006 from 6:30 PM to 9:30 PM for a City Sponsored Street Dance; Caroline

    Gonzales, Applicant

    Caroline Gonzales, Office Assistant

    I. Approval of a Park Facility Right-of-Way Use Permit for the Use of Congdon

    Avenue to West Vista for a Halloween Parade on October 31, 2006 from 6:00 to 6:30

    PM; Caroline Gonzales, Applicant.

    Caroline Gonzales, Office Assistant

    J. Approval of a Park Facility Right-of-Way Use Permit for a Domestic Violence

    Awareness Candlelight Walk from the Cochise County Courthouse on Tombstone

    Canyon to Grassy Park on Thursday, October 19, 2006 from 6:30 to 8:00 PM,

    Including a Waiver of the $25 Permit Fee and City Sponsorship of the Event for

    Insurance Purposes; Domestic Violence Awareness Collaboration Team, Caryl

    Marie Brendle, Applicant.

    Caroline Gonzales, Office Assistant

    K. Approval of a Park Facility Right-of-Way Use Permit for the Use of City Park for a

    Minimum Wage Coalition Rally on Sunday, October 8, 2006 from 6:00 to 7:30 PM;

    Minimum Wage Coalition, Michelle Davidson, Applicant.

    Caroline Gonzales, Office Assistant

    L. Approval of a Park Facility Right-of-Way Use Permit for Various Locations in Old

    Bisbee for the Old Bisbee Holiday Bazaar on Saturday, November 25, 2006 from

    3:00-7:00 PM; Chamber of Commerce, Kathy Sowden, Applicant.

    Caroline Gonzales, Office Assistant

    MOTION: Councilmember Porter moved to approve the Consent Agenda, items A through L.

    SECOND: Councilmember Scott

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MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

OLD BUSINESS

    3. Discussion and Possible Approval of the Second Reading of Ordinance O-06-22: An

    Ordinance of the Mayor and Council of the City of Bisbee, County of Cochise, State of

    Arizona, Establishing a Special Revenue Fund for the Save Our Stairs Revenues and

    Providing for Repeal and Severability.

    John A. MacKinnon, City Attorney

    Mr. MacKinnon said that the city had accepted a very generous check at the last Council

    meeting from the Save Our Stairs, Inc. committee to be used for the repair and maintenance

    of public stairs and structures in Old Bisbee. He said that the second reading of Ordinance

    O-06-22 would finalize the creation of the separate fund to make sure that the contribution is

    used for the it’s intended purpose.

    MOTION: Councilmember Giacomino moved to approve the second reading of Ordinance O-06-22 establishing a Special Revenue Fund for the Save Our Stairs revenues. SECOND: Councilmember Kreps

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers, and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

    4. Discussion and Possible Approval of the Second Reading of Ordinance O-06-20: An

    Ordinance of the Mayor and Council of the City of Bisbee, County of Cochise, State of

    Arizona, Amending the Bisbee City Code by the Addition of a Revised Article 9.4,

    Removal of Litter, Junk and Dilapidated Buildings, and Providing for Repeal and

    Severability.

    John A. MacKinnon, City Attorney

    Mr. MacKinnon explained that the purpose of this amendment to the City Code is to bring

    the current ordinance into conformity with the requirements of State law. He said that ARS

    ? 9-499 addresses the manner in which cities and towns are to regulate accumulation of

    rubbish, trash, and debris and the maintenance of dilapidated buildings. Mr. MacKinnon

    said that the ordinance is intended to be consistent with this law as well as to mesh with the

    rules that are proposed for amending the Zoning Code, resulting in a comprehensive

    manner to address these issues and allowing property owners and residents ample

    opportunity to be heard and to have a fair hearing.

    Jeff Harris said that he was not so upset with the provisions of the ordinance than he was

    that there was no commission or public involvement in writing the ordinance. He said that,

    while this is a health and safety issue, it is also a land use issue and should have gone through

    the Planning and Zoning Commission. He said that the city is setting a very bad precedent in

    excluding citizens from the process of adopting ordinances. Mr. Harris said that citizen

    input should have been received for such sections of the ordinance as “grass height.”

    Councilmember Scott asked if the Council had open meetings regarding this ordinance. Mr.

    MacKinnon answered that there were three meetings, including a public hearing on this

    ordinance before it was presented to the Council.

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MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    MOTION: Councilmember Scott moved to approve the second reading of Ordinance O-06-20, amending the Bisbee City Code by the addition of a revised Article 9.4, Removal of Litter, Junk and Dilapidated Buildings. SECOND: Councilmember Giacomino

    Mr. MacKinnon clarified that the first meeting on the ordinance was a Work Session and

    not a public hearing.

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

    5. Discussion and Possible Approval of the Second Reading of Ordinance O-06-23:

    An Ordinance of the Mayor and Council of the City of Bisbee, County of Cochise,

    State of Arizona, Amending the Zoning Code of the City of Bisbee, Sections 6.8, 6.9

    and 9.2, Regarding Outdoor Storage, Vehicles and Junk Materials, and Providing for

    Repeal and Severability.

    John A. MacKinnon, City Attorney

    Mr. MacKinnon explained that this ordinance is a corresponding land use amendment to the

    Zoning Code that has been approved by the Planning and Zoning Commission. He said that,

    two weeks ago, he had discussed with Councilmember Kreps the use of the word “and” and

    “or” regarding inoperable vehicles in the ordinance. Mr. MacKinnon said that, on second

    thought, he has proposed different language in the ordinance which now states that “an

    operable vehicle is one that can be driven both legally and physically on a public road and an

    inoperable vehicle is one that fails to meet one or both of these conditions.” He requested

    that the Council approve the ordinance with this modification so that the confusion with

    “and” and “or” in the prior version is eliminated.

    MOTION: Councilmember Kreps moved to approve the second reading of Ordinance O-06-23, amending the Zoning Code of the City of Bisbee, Sections 6.8, 6.9 and 9.2, regarding Outdoor Storage, Vehicles and Junk Materials with the amendment to Section 6.9 (B) as stated. SECOND: Councilmember Giacomino

    Jeff Harris said that he did not wish to address his disapproval of the amendments to the

    ordinance at this meeting. He said that he did wish to address the notion that public input

    was solicited and considered. Mr. Harris said that he wished to put on the record that “not

    one word of this ordinance has been changed as the result of public input.” He said that

    there were many people who spoke about this ordinance at the Planning and Zoning

    Commission or at Council meetings and that, in every case, the recommendations of the

    public were ignored.

    Mr. MacKinnon said that the Planning and Zoning Commission had five separate meetings

    on this ordinance. He said that the ordinance evolved significantly during these meetings

    and what is before the Council is what the Commission finally recommended. Mr.

    MacKinnon said that there was consideration of public input and a great deal of dialogue in

    the writing of the draft.

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

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MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    MOTION: Councilmember Kreps moved to approve the first reading of Ordinance O-06-25, amending the Zoning Code of the City of Bisbee, adding Article 11, Master Development Plans, and providing for repeal and severability. SECOND: Councilmember Scott

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

    8. Discussion and Possible Approval of the First Reading of Ordinance O-06-26: An

    Ordinance of the Mayor and Council of the City of Bisbee, County of Cochise, State of

    Arizona, Amending the Zoning Code of the City of Bisbee, Adding Article 6.12,

    Clearing Land, and Providing for Repeal and Severability.

    John A. MacKinnon, City Attorney

    Mr. MacKinnon explained that this ordinance also dealt with anticipated future

    development. He said that the city had recently realized it does not have any regulations

    that pertain to the clearing and grading of land. Ordinance O-06-26 basically requires that

    people do not engage in any significant clearing or grading of land until there is an approved

    project. The clearing of land can cause dust, runoff and erosion problems and does not

    benefit the community, said Mr. MacKinnon. The ordinance requires that specific approval

    is needed for how the land is to be cleared and how the land runoff and erosion problems are

    to be addressed if a property owner wishes to clear any land area larger than 4,000 square

    feet.

    Councilmember Porter commented that this issue was brought to the attention of the

    Council from a citizen’s complaint in Call to the Public six months ago.

    Councilmember Scott commented that he had received several complaints from constituents

    concerning the clearing of land.

    MOTION: Councilmember Scott moved to approve the first reading of Ordinance O-06-26, amending the Zoning Code of the City of Bisbee, adding Article 6.12, Clearing Land, and providing for repeal and severability. SECOND: Councilmember Porter

    Mayor Oertle inquired whether or not the Planning and Zoning Commission had

    unanimously recommended that the Council approve this ordinance. Mr. MacKinnon

    answered “yes.”

    Councilmember Rodgers asked if the city could ask property owners to water cleared land

    or to put silt barriers installed. Mr. MacKinnon said that Ordinance O-06-26 would give the

    city a “handle” to do this, but currently the city did not have an ordinance in place for this

    purpose.

ROLL CALL VOTE:

    AYES: Councilmembers Kreps, Scott, Giacomino, Cline, Rodgers and Porter and Mayor Oertle. NAYS: 0 MOTION PASSED: UNANIMOUS

    9. Discussion and Possible Approval of Awarding the Bid to Salvage Surplus Metal in

    the City of Bisbee to Segreg Enterprises, Inc., of Bisbee, Arizona.

    Jeff Schwarz, Public Works Superintendent

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MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    Mr. Pauken explained that, on August 15, the Council voted to allow Public Works to

    advertise for bids to remove surplus salvage metals from city property. He said that

    advertisements for bids were placed in the newspaper of record and that one bid was

    received. Mr. Pauken recommended that the Council approve the bid of $500.00 made by

    Segreg Enterprises, Inc. for the right to salvage metals from city property.

    MOTION: Councilmember Porter moved to approve allowing Public Works to award the bid for surplus metal salvage to Segreg Enterprises, Inc. SECOND: Councilmember Giacomino

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

    10. Discussion and Possible Approval of Approving a Contract with Brown and Caldwell

    for the Design of the Turquoise Valley Golf Course Reuse Irrigation Project in the

    Amount of $94,002.00.

    Jeff Schwarz, Public Works Superintendent

    Mr. Pauken explained that the much anticipated project to take wastewater from the new

    San Jose treatment plant for reuse application at Turquoise Valley Golf Course is now

    underway. He said that the Council authorized the city to accept proposals from

    engineering firms for the completion of the engineering required to get the water from the

    treatment plant to the golf course. Mr. Pauken said that the successful proposal came from

    Brown and Caldwell in the amount of $94,002.00. He pointed out that $10,000.00 has been

    set aside for contingency so, if there are no change orders resulting in additional costs, the

    project will be completed for less. Mr. Pauken said that the project is 100% paid for by the

    Upper San Pedro Partnership.

    Councilmember Porter commented that the amount of water being used daily at the golf

    course is 1.6 acre feet. He said that savings would be realized of 516,000 gallons of water per

    day.

    MOTION: Councilmember Kreps moved to approve the contract with Brown and Caldwell for design engineering for the Turquoise Valley Golf Course Reuse Irrigation Project in the amount of $94,002.00. SECOND: Councilmember Giacomino

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

    11. Discussion and Possible Approval of Permitting Public Works to Solicit Bids for

    Sewer Work in the Evans Avenue Area.

    Jeff Schwarz, Public Works Superintendent

    Mr. Pauken explained that it has been determined by staff that the sewer line in the Evans

    Avenue area which has been repaired numerous times is “old and decrepit” and needs to be

    replaced as this time. He said that the staff believes that the cost will be in excess of $5,000

    and, therefore, requests that the Council approve Public Works going out to bid for the

    sewer work in this area.

    Councilmember Kreps inquired whether or not city staff could do the work on the sewer

    system in this area. Mr. Pauken answered that, for reasons of prior encounters with one or

    more property owners in the use of this line, it has been determined that it is in the best

    interest of the community to have the work done by a contractor.

    Councilmember Porter asked if, once the easements are granted, the Council would be able

    to decide whether to do the project in-house or to use a private contractor. Mr. Pauken said

    that it would be Council’s option to do so at any point in time prior to awarding a bid.

     8

MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    Councilmember Scott commented that he thought that a contractor was needed due to the

    rock conditions in this area.

    MOTION: Councilmember Kreps moved to approve permitting Public Works to go out for bid for sewer work to be performed in the Evans Avenue area. SECOND: Councilmember Cline

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

    12. Discussion and Possible Approval of an Intergovernmental Agreement for Election

    Services and Supplies Between Cochise County and the City of Bisbee.

     Helen I. Lehr, City Clerk

    Mrs. Lehr explained that, although the Council had approved earlier in the year an

    Intergovernmental Agreement for Election Services and Supplies between Cochise County

    and the City of Bisbee, the County was requesting at this time that a new IGA be approved.

    Mrs. Lehr said that the change to the contract is in Section 10 where language has been

    added due to the Consent Decree that Cochise County signed with the U.S. Department of

    Justice as well as a change in the dates for the term of the IGA.

    MOTION: Councilmember Scott moved to approve the Intergovernmental Agreement for election supplies and services between Cochise County and the City of Bisbee. SECOND: Councilmember Giacomino

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

CITY MANAGER’S REPORT:

     Mr. Pauken reported on the following topics:

    1. Mr. Pauken announced that Ms. Rose Schwarz, mother of Public Works

    Superintendent Jeff Schwarz, passed away this week after a long illness.

    2. Mr. Pauken announced that the city has received an ADEQ recycling grant

    which will allow the city to purchase a forklift, a specially equipped truck,

    other tools and equipment as well as pay a portion of one employee’s salary to

    operate the recycling center. He said that there will be a huge upgrade in the

    operation of the recycling center and the city has recently assigned a Public

    Works employee to primary duty in the recycling center.

    3. Mr. Pauken reported that the city’s management team met with Jeanette

    LaBrecht, Mary Lopez, Gaston Rentaria and Jimmy Adams of AFSCME on

    September 21 and, after an exchange of ideas, has agreed to meet again on

    October 4. Mr. Pauken said that there is a new AFSCME representative which

    has greatly improved the process.

    4. Mr. Pauken also reported on the following:

    Mr. Pauken said that, through the efforts of Sandra Corn, the Kiwanis Club

    has approved to adopt the handicapped ramp for the swimming pool as one of

    its projects. Mr. Pauken thanked Ms. Corn for her assistance.

    Mr. Pauken reported that he had received a letter from Sgt. Taron Maddux of

    the Bisbee Police Department announcing that See You At the Show

    Productions had performed at the Animal Shelter and raised $150.68 for the

    Animal Shelter.

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MINUTES OF THE REGULAR SESSION OCTOBER 3, 2006

    Mayor Oertle reminded everyone of the showing of Plein Air competition after the Council

    meeting and of the Warren Centennial Celebration on October 6.

COUNCIL COMMENTS:

     There were no Council Comments at this meeting.

    MOTION: Councilmember Giacomino moved to adjourn the meeting. SECOND: Councilmember Scott

VOTE: AYES: 7 NAYS: 0 MOTION PASSED: UNANIMOUS

ADJOURNMENT: 8:13 PM

     _______________________

     Ronald Oertle, Mayor

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