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HomeMy WebLinkAbout1997-04-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 1,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 1,1997,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Richmond led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Surra Councilmember Urich Councilmember Durbala Councilmember Hendricks Councilmember Barker Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly Interim City Attorney Bill Farrell Public Safety Director Robert Galloway City Engineer Gordon Grandy Development Services Director Larry Harmer Others Present:Housing & Grants Coordinator John Petroff ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS & RECREATION DIRECTOR JEFF BELL;THE PARKS & RECREATION DEPARTMENT;POLICE DEPARTMENT STUDENT INTERN RACHAEL JEFFREY;AND IDENTIFICATION TECHNICIAN KAREN GWALTNEY. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 1 OF 24 Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous.(Mayor Coleman and Councilmember Barker excepted the minutes due to their absence at the last meeting.) The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS OFF-TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT )City Clerk Kathy Connelly briefed the council on this item.She stated this is for the approval of off-track wagering at Arizona Joe's Restaurant for racing at Turf Paradise in Phoenix, Prescott Downs and Fort Tuthill (in Flagstaff).Comments from the police department,building department and fire district are in the packet with no objections by any department.The applicant was notified and may be present. Tom Barela of Turf Paradise addressed the council stating he was there to answer any questions on their behalf. Mayor Coleman opened the item to questions by the council.There being no questions,he opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR RENEWAL OF THE OFF-TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT,SUBMITTED BY TURF PARADISE RACE COURSE ON BEHALF OF TURF PARADISE, PRESCOTT DOWNS AND FORT TUTHILL RACETRACK,BE APPROVED AND FORWARDED TO THE ARIZONA RACING COMMISSION. Councilmember Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 2 OF 24 VOTE:Unanimous. The motion carried. FY 1997/98 COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) APPLICATION PROCESS )Development Services Director Larry Harmer briefed the council on this item.This was to be a prerequisite public hearing,however,CAAG told them they are changing the distribution method and to hold off on the public hearing.He stated he would still do a presentation and continued the briefing.He stated the three primary objectives are to principally benefit low and moderate income persons,to prevent or eliminate slums or blight and to address other urgent community development needs.Eligible items would be public and public safety facilities,as in the current grant providing hookups for the sewer system. In the next grant cycle they are working on removing architectural barriers. Neighborhood revitalization and redevelopment,housing rehabilitation and certain types of economic redevelopment infrastructure have been historically the prior uses in Apache Junction.The infrastructure provides jobs to low and moderate income people.Ineligible projects include construction of buildings for governmental uses,their operation and maintenance,equipment and machinery with a short life span and some new home construction.In the past,all the cities competed for the funds on a scoring system.You could not budget the funds into the needs of the city as it was unknown if the funds would be granted.The system has now been revised.Statewide the total funds for CDBG is $10.5 million for non -entitlement communities,which must have a base population of less then 50,000.State government takes a certain percentage for administration and technical assistance,which leaves $10,080,000.The regional councils receive 85% of that.There is $1.9 million allocated to the Central Arizona Association of Governments,which is the one Apache Junction belongs to.The distribution this year will depend on the number of applications received.At this time CAAG is going through the applications.They will basically divide the number of applications into the amount of grant money,and that will be the money available for that particular project.There will be no rating system.The other 15% of the money is allocated to Special State Projects,which is a secondary pool of money that everybody is eligible for.If the projects the city is applying for cost more than the original allocation from CAAG,then those projects could be put into the pool for the Special State Projects money for funding. This now gives us more flexibility for more funding.The Colonias money our city does not qualify for,as that is for early settlement cities that are primarily hispanic and within 150 miles of the Mexican border.He stated as soon as the method of distribution is received,then two formal public hearings will be conducted,with one of those being at another location like the library.Since this had been advertised as a public hearing,he recommended getting any public input from citizens attending this meeting. Mayor Coleman opened the public hearing. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 3 OF 24 Sylvia Stevens,612 N.Signal Butte, addressed the council.She stated the grant money can be used creatively, depending on how creative the grant writers are,for the construction of facilities.She suggested some of the money might be used to build the Boys & Girls Club.She talked about the intergenerational programs the Senior Center is now doing,and hoped another wing could be added to the Senior Center for that purpose.She added they are turning away at least twenty people a day for lack of room.She suggested the library could easily take over the present Senior Center if a new building was constructed. Mayor Coleman closed the public hearing on the item with no others wishing to speak. OLD BUSINESS. REVISIONS TO THE CITY'S ANIMAL ORDINANCES )Public Safety Director Bob Galloway briefed the council on this item.He stated at the last meeting of the committee and of the council they reached a consensus on the definitions, commercial kennels,personal kennels,untethered dogs in trucks and the fecal matter issue.The issue still in contention was the population on the dogs. The committee members disagreed among themselves from three to an unlimited number of dogs.Council voiced the same opinions.Subsequent to that meeting,staff solicited more input from council and believes they have come up with a workable solution.The population would be based upon the size of the lots.In lots under one acre the limit would be three.From one to two acres the limit would be five.There would be no limit with anyone having more than two acres but a personal kennel permit would be required.These animals would not have to be neutered.In addition,there would be no license fees for service dogs.He stated his staff was prepared to advance an ordinance based on the prior consensus on the other issues and on the final issue if council agrees. Councilmember Hendricks asked if the issue of vicious dogs was to be addressed. Public Safety Director Bob Galloway stated they could do it in more detail if the present ordinance does not meet his needs. Councilmember Hendricks stated he thought they should as that is what started this new ordinance request.He commented you are reading in the paper or seeing on the news attacks on children and others where they are mauled,and this occurs very frequently. Councilmember Surra asked Councilmember Hendricks if he thought the dangerous dogs section of the present ordinance was sufficient,or was he thinking of being breed specific. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 4 OF 24 wanted it breed specific. not support breed specific. could not support it without one. Councilmember Hendricks stated he Councilmember Surra stated she could Councilmember Hendricks stated he Mayor Coleman excused Councilmember Hendricks to respond to a page he had received.He then asked Interim City Attorney Bill Farrell if limiting the number of dogs based on lot size could be considered arbitrary. Interim City Attorney Bill Farrell stated he would have to look at it,but it could be arbitrary.An argument could be made that a certain amount of square footage would be necessary for exercise activity.He stated they would be happy to look into it prior to the next council meeting. Vice Mayor Richmond asked if the sterilization of the dogs is removed,how is the city to control the breeding and selling of animals illegally. Public Safety Director Bob Galloway stated it could not be controlled any different than it is right now,which is not very well.There is not much difference in offering a dog for sale or a bicycle for sale.If it is a business,they have a right to inspect the business and request a commercial permit and a business license.However,in the revisions the commercial kennels will be restricted and confined to properties that are zoned for commercial or industry.A person doing this in a residential area would be in violation. Councilmember Durbala stated he could not support limiting the amount of dogs on a property to three,as there are size differences in dogs. Public Safety Director Bob Galloway stated he is only reporting on the information he received.He commented that the International City Management Association recommends that animals be controlled by responsible ownership,but they also state that responsible ownership can be assisted by limiting the population of dogs. Councilmember Durbala stated he would be more concerned about someone having three larger dogs than someone having three small dogs. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 5 OF 24 Public Safety Director Bob Galloway stated the number of three came from the last public meeting and the input subsequent to that meeting.He stated staff is open to anything council would like. Mayor Coleman asked what would happen if the private kennel permit were revoked and they continued to be in violation. Public Safety Director Bob Galloway stated they would seek due process through the court for a violation of that section and request that the dogs be confiscated until such time as a kennel permit is obtained.He stated the personal kennel permit does not have a lot of authority and really does nothing except identifying who has the large numbers of dogs and where they are at.It gives staff the authority to inspect the premises to insure they are being cared for and maintained properly. Mayor Coleman stated he believes it shows a higher level of responsibility on the part of the owner. Councilmember Durbala asked if someone had three dogs could they still breed the dogs,put their ad in the paper and sell the dogs. Public Safety Director Bob Galloway stated that could still happen.It becomes another question if they are making that a business.That would be inspected upon complaint. Mayor Coleman stated he did not have a problem with that. Councilmember Hendricks asked if they violate any part of this ordinance,will there be anything to deter them from doing it in the future. Public Safety Director Bob Galloway stated currently the violations are called to the attention of the city court through citations,and it is up to the court to levy the fine.He stated he believes he is hearing a consensus on what was talked about tonight,other than the addition of dangerous dog,vicious dog or breed specific. Councilmember Hendricks stated all of the above. Public Safety Director Bob Galloway stated they can include that as an article separate from the other ten in the chapter. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 6 OF 24 Councilmember Surra asked if that meant they all wanted to have a breed specific clause in the ordinance or does only one councilmember want the clause.There is no sense putting all the work into that if the consensus is not there. Councilmember Durbala stated he was not sure he would agree with a breed specific clause. Councilmember Urich stated she was not sure she would agree with it either. Public Safety Director Bob Galloway staff was proposing to put this together,bring it back and let the council vote on it. Councilmember Surra asked if that was to be voted on ordinance by ordinance,clause by clause and paragraph by paragraph. Mayor Coleman that was the only article they disagreed on. Councilmember Durbala suggested there may be others by the time it comes back. Councilmember Barker asked for a legal opinion as to the numbers,breed specific,etc.,as guidance for the council. Interim City Attorney Bill Farrell stated they would have that before the next council meeting. Vice Mayor Richmond stated she has a problem with repealing the sterilization.There are too many people selling puppies. Public Safety Director Bob Galloway asked how that would be applied. Councilmember Hendricks suggested they put i t in under their having to have a business license if they are going to sell puppies. Public Safety Director Bob Galloway stated that was already in there. Councilmember Hendricks stated it needed to be enforced. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 7 OF 24 Public Safety Director Bob Galloway stated they could not go door to door to inquire. Councilmember Hendricks stated there are people who have admitted to violating the law for the last two years. There is one gentleman who has 22 dogs and stated he is not going to get rid of them or get his kennel permit. that situation has been taken care of. stated that individual did not know that. City Manager Curtis Shook stated Public Safety Director Bob Galloway faced very large fines and finally moved. Councilmember Hendricks stated he Councilmember Urich asked if under Chapter 4,under fees,the verbage could be changed to service animals,not just service dogs. Public Safety Director Bob Galloway stated okay,but their definition of animal includes dogs,cats,cows,horses, etc. Councilmember Urich stated there are service animals other than dogs now. Councilmember Durbala stated they would not want to discriminate. City Clerk Kathy Connelly stated the only properly licensed ones at this time are dogs. service animals other than dogs now. would not want to discriminate. Councilmember Urich stated that could change. Public Safety Director Bob Galloway stated Kathy had some administrative and housekeeping comments on the ordinance. City Clerk Kathy Connelly stated she gave them a memo she wrote to the city manager last week which includes 41 different points,most of which are housekeeping measures,and some of which state the clauses appear to be in the wrong place which cause confusion and contrary results.The director of public safety stated he was satisfied with her presentation on the proposed changes other than having a few questions. She proposed putting this into the new ordinance. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 8 OF 24 Councilmember Barker asked how she was going to get the questions she posed answered by the ordinance,as in "are pet shops permitted to keep sick and injured animals". City Clerk Kathy Connelly stated she was not sure. Public Safety Director Bob Galloway stated they could change the language in those sections to prohibit the keeping of sick and injured animals. Councilmember Barker stated Kathy had questioned the impounding of and fee assessment of cats,though she believed animal control would be better able to answer that. City Clerk Kathy Connelly stated she recalled a number of exotic animals being brought in to Animal Control in the past. Councilmember Barker stated she remembered the ferret and the monkeys. Councilmember Durbala asked if the city was still providing the traps to catch the cats. Public Safety Director Bob Galloway stated they were.(Staff will complete the drafting of the new ordinance and bring it back for council consideration.) NEW BUSINESS. SCOPE OF WORK -GRANT APPLICATION SUBMITTED BY SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER/PROPOSED RESOLUTION 97-11 ) )City Clerk Kathy Connelly briefed the council on this item.She stated last May council approved a resolution to endorse an application submitted jointly by Superstition Mountain Mental Health Cent and the Arizona Department of Health Services to the Arizona Department of Commerce.About 3 weeks ago the Department of Commerce sent a letter indicating there were some changes to the scope of work and asked for the city to take them under consideration and render an opinion.Mr.Gary Selvy was in attendance as the applicant to answer any questions. Mayor Coleman asked Gary Selvy to come up,give his name and address and explain the change and what it entails. Mr.Gary Selvy,the executive director of Superstition Mountain Mental Health Center,addressed the council. He stated he was there to answer their questions. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 9 OF 24 Mayor Coleman asked for the reason for another resolution. Mr.Gary Selvy stated it is a joint application between Superstition Mountain Mental Health Center and the Arizona Department of Health Services to the Arizona Department of Commerce to the HOME fund for housing for low income individuals and handicapped individuals. The original application requested funds to buy two older homes with sufficient funds to rehab them for this clientele.They were unable to find anything suitable.At that point they asked the Department of Commerce if they could purchase new homes for the same amount of money.They granted that request and notified the city of the change in the scope of work. Councilmember Surra asked if they could not find any of the 52 three -bedroom single family dwellings listed in May 1996 in a 36 square mile area of Apache Junction to meet their specifications. Mr.Gary Selvy stated they took a list of available homes to submit with the application and the money was awarded several months later.Those homes were no longer available when the money was funded. Mayor Coleman asked if the requirements on the housing were included in the grant proposal.He commented on all the homes rehabilitated through CDBG every year and he did not think it would be hard to find two suitable houses.He stated that was one of the selling points of the original resolution,to rehabilitate two homes in the area. Mr.Gary Selvy stated the application stated they needed three -bedroom homes,and he added there are not a lot ,of three -bedroom homes in Apache Junction that are available.The ones available were priced as high or higher than the new homes.They felt it was a better business decision to purchase new. Councilmember Durbala stated he had looked in the Independent paper this evening and found 11 three -bedroom homes listed in the area,with the lowest being for $58,000 and the highest $112,000.He does not understand why one of those houses could not be rehabilitated.He stated Mr.Selvy makes it sound like there were no homes available.There should be at least two out of those 11 that he could find, with probably even more that are in the multiple listings. Mr.Gary Selvy stated they used a real estate agent who worked with them for quite some time trying to find suitable homes.They were unsuccessful at that time,which was three months ago.The situation may have changed now. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 10 OF 24 Councilmember Durbala stated there were 52 available in 1996 when he did not have the money,but there should be a number of homes out there now that are not listed in the paper.The original intent was for him to refurbish two homes and move the clients into there.Now it has changed to two new homes to move the clients into,with him acting as the landlord rather than the owner or operator of the homes.He asked if that was true. Mr.Gary Selvy stated that was accurate. Councilmember Durbala stated he thought people were going to be living there under some sort of supervision, whereas now he is listed only as a landlord. Mr.Gary Selvy stated that is accurate.They are only going to serve as the landlord for people who have had difficulty in finding suitable housing.They are people who would receive ongoing case management services and they would be involved in their day treatment programs as necessary.Some of these people may have jobs and may not need that level of care,however,when appropriate they will participate. All of them would have a case manager. Councilmember Durbala asked if there would be a turnover on a regular basis of the people staying in the homes. Mr.Gary Selvy stated he did not think so.The assumption is permanent housing for them.They would probably stay there one to three years. Councilmember Urich asked if these people'will be mainstreamed or put in a home where they are sharing a house with other people. Mr.Gary Selvy stated he looked upon it as mainstreaming as close as they can.These people live in the community now in apartments or houses all over town,but they have a long history of being taken advantage of by people.They frequently cannot afford suitable housing.They want to provide them with a home they can afford and the support they need. Councilmember Urich stated if he is being the landlord,then he is not keeping them independent.It appears he is trying to make them semi -dependent if they are already out in the community living independently. Mr.Gary Selvy stated the goal is to make them as independent as possible. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 11 OF 24 Councilmember Urich stated she is confused with what he said if he is serving just as landlord. Mr.Gary Selvy stated he does not see it as being any different from any other landlord.He does not see the confusion. Councilmember Urich stated it was -because he was saying he just wanted to be a landlord but then little caveats are being added. Mr.Gary Selvy asked what caveats. Councilmember Urich stated he was saying some of the people are being taken advantage of,but if they are living independently now in the community,she does not understand why he would want to do something more. Mr.Gary Selvy stated some are living independently but he thinks it could be better. Councilmember Urich stated that does not sound like the role of the landlord,to decide if someone is living independently and pull them back. Councilmember Durbala stated we are getting away from the discussion.This is about changing what was approved in 1996 from refurbishing two homes to buying two new homes. Councilmember Hendricks asked about the handicapped people. Councilmember Urich stated to use people with disabilities instead of handicapped. Councilmember Hendricks stated that was the word he used.He asked what kind of disabilities these people have and if they are going to be a threat to the citizens and children in the neighborhood.That is his concern. Mr.Gary Selvy stated that was a reasonable question and the answer is they will not be a threat.These people have a history of mental illness,they have probably been in an institution one or more times in their lives and have been treated and returned to the community.Many of them have gainful employment and function appropriately in the community.Their behavior sometimes marks them for discrimination.It is more difficult for them to find adequate housing.He would not promise they would not be a danger any more than he could promise that about any group of REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 12 OF 24 citizens.They do not have any greater history of violence than the general population does. Councilmember Barker stated it appears the only difference between this resolution and the one previously passed is the home being purchased new instead of refurbished.There were no questions on the nature of danger when it was passed the first time.It is the same people with the same type of housing.She has two concerns.One is zoning,which was mentioned in the Department of Commerce letter as having possible zoning infractions,and she asked Larry Harmer to address that issue. Development Services Director Larry Harmer stated the confusion came about on the use of certain words.Staff was asked about "group homes",which would require a conditional use permit and a caretaker or overseer.This request is not for a group home,it is under the definition of family which has no caretaker and is therefore allowed as long as the number of unrelated individuals does not exceed five. Councilmember Barker asked if the location of the homes would allow for clubhouse use of the support services and the twenty-four hour crisis intervention,since there is no supervisor on the premises. Mr.Gary Selvy stated both of the homes are in fairly close proximity to the facility and any transportation needs would be provided by the center. Councilmember Urich stated she wanted to clarify that the word handicap is offensive because the word origin means cap in hand begging.She asked about Mr.Selvy underlining in his application that he would be only the landlord,or would some of these people receive treatment at his facilities. Mr.Gary Selvy stated they will receive treatment at the facility,not at the homes. Councilmember Urich stated the way it was written it appeared they would not receive any treatment at all. Mr.Gary Selvy stated it would be better described as a landlord who provides some kind of necessary things to the tenants,meaning transportation and a ride to the doctor. Councilmember Urich stated that was being more than a landlord. Councilmember Barker asked if a tenant is removed or graduates from the program,would they remain at the residence or be encouraged to move on. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 13 OF 24 Mr.Gary Selvy stated that would be determined on a case by case basis.There will be some expectations,if they were not met they will be asked to move. Councilmember Barker asked if the expectations are tied to the property as landlord/tenant or to the individual's performance in the program. Mr.Gary Selvy stated it would be tied to the agreement as the landlord/tenant. Councilmember Barker stated this has shades of group home to her. Mr.Gary Selvy stated there would only be 3 individuals in each home. Councilmember Surra stated the grant money that is being used to provide low cost housing is money that the city looks to for rehabilitating low cost housing for everyone that lives in the city.She was originally supportive of the resolution as this gave the city a greater share of the funds for low cost housing,and she did not care what their other problems are.She also does not care where they are situated. This was to take existing structures and improve them and give better low cost housing for the citizens with no discrimination.She is concerned about the landlord/tenant relationship where provisions are added which state they have to comply in a certain manner.She does not like that.She stated if they want to provide rental units for their clients and still provide some assistance to them,that is okay.She believes the scope of work before was compatible with their use of housing funds towards rehabilitating older homes. There are always people who will buy new homes.She stated she wanted him to find housing to rehabilitate.She is also concerned about the "strings" attached to these people staying in the housing,as he is then no longer a landlord. Mr.Gary Selvy stated the only "strings"are those that prohibit loud parties,destruction of property and disruptive behavior to neighbors in the area,which would be a common agreement held between landlord/tenant.The other services would be on a requested basis,nothing would be forced,unless it was discovered that someone was beginning to function in a way not acceptable.Then they would step in and manage the situation. Councilmember Surra stated a landlord does not have the threat that they will remove them from their lodging if they do not comply with the set acceptable behavior.She sees a conflict of interest there. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 14 OF 24 Mr.Gary Selvy stated they have clients who live with landlords now and they respond to requests from landlords who ask them to intervene.Sometimes they are allowed to stay there and sometimes not. Councilmember Urich stated he is taking away their independence. Mr.Gary Selvy stated he does not see it that way,he does not see them prohibiting people from doing what they want. Mayor Coleman stated his major concern was that the city was the last one to be made aware of the change and when he had realized he would not be able to rehab some houses he should have come to the city first,where he might have gotten some assistance in locating some houses. Mr.Gary Selvy stated he appreciated that comment.He admitted his mistake and apologized.He stated he was being pragmatic and it seemed like a reasonable solution.He did it without thinking of the repercussions and the concern the city council might have had. Vice Mayor Richmond asked if a resident would have to be removed,what would happen to that resident. Mr.Gary Selvy stated that would be a remote possibility.If a client needs help,they will do whatever is needed to assist them.If the client was aggressive,they would take them to one of their other facilities for 8-10 days and then they would go back to the home. Councilmember Hendricks asked if these people were actively being counseled and on medication,and would there be a problem if these people got off their medication. Mr.Gary Selvy stated that was a possibility.He brought with him his medical director,Dr.Michael Stumpf,to answer those questions. Dr.Michael Stumpf,who lives in Queen Creek,stated he is a psychiatrist practicing at Superstition Mountain Mental Health Center.He stated there has been a lot of research over the last couple years on violence in the mentally ill.In the past these studies showed that the mentally ill would be no more violent than the population at large.The new evidence coming in states that the seriously mentally ill are more dangerous than the population at large,and they tend to be males who are younger,anti -authoritarian,heavily involved in substance abuse and having mental disorders.These people are rootless,traveling from place to place and are not compliant in treatment.They do not do well generally.The REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 15 OF 24 population they intend to put in the homes is no more dangerous than the population at large.Most of these people will be on medications whose doses will rise and fall at given times as these are brain disorders,which will keep symptoms in check.Research shows that people with bipolar disorders and schizophrenic disorder tend to relapse in six months about 50% of the time after abruptly terminating medication.They would see these people frequently to watch for signs of relapse.If the patient refuses to go back on medication or if they have stopped and become destructive,or a nuisance to the neighborhood or isolative,they will move them back to the facility. Councilmember Hendricks asked if their medications are monitored regularly. Dr.Michael Stumpf stated they are. Councilmember Hendricks asked how often they were counselled. Dr.Michael Stumpf stated that is different.It has not been shown to be effective for people with serious brain disorders.He stated programs that provide job skills,life skills, mutual support and self-help tend to help them more.They are also educated on their problem and the treatment.Counselling is being done less and less all the time for the seriously mentally ill. Councilmember Surra asked if they do not wish to support the change of scope they have to do a denial,not just add an addendum to go back to the original intent. City Clerk Kathy Connelly stated they can do whatever they choose.The resolution was an example for them. Mayor Coleman asked Mr.Selvy to address the council on that issue. Mr.Gary Selvy stated he was reluctant to answer as it would seem like he was strong-arming or putting pressure on them.He stated he made the initial mistake and has apologized. He asked the Department of Commerce for the change and they have allowed the change,and he thinks he is not in a good position to go back and reverse it. He would be willing to do that but he is not sure it would be granted. Councilmember Surra stated that predicament is not hers.Her intent is that the funds being drawn on be used for rehabilitating structures,not new construction.That is what she will support.She stated she would not go with the resolution as it reads now. Councilmember Urich seconded that. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 16 OF 24 Mayor Coleman asked if that was in the form of a motion. Councilmember Surra stated no.She stated she would move that a resolution to the effect of the original resolution in 1996 is what she would like to present to them to adopt.She is not in favor using this funding for new construction.She asked if one of the houses was not a new house. new construction. not support either home. were through with her motion. Mr.Gary Selvy stated they were both Councilmember Surra stated she could Councilmember Urich asked if she Councilmember Surra stated she was not making a motion.She stated she could not support the resolution before them.She stated she would be happy to put it up for denial. Councilmember Durbala stated the attorney was back if she had a question of him. Councilmember Surra stated the resolution before them definitely states that i t is for the new construction, to support or deny it. Interim City Attorney Bill Farrell stated that was correct. Councilmember Surra asked if they chose not to deny or approve this resolution,could they still have another resolution that states they support use of the funds for rehab of existing structures. Interim City Attorney Bill Farrell stated that was correct except that a prepared resolution with that sentiment is not before the council. Councilmember Surra stated the old resolution is in front of them. Interim City Attorney Bill Farrell stated that one was still in effect. Councilmember Surra stated than nothing needed to be done if that is the one they want to support. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 17 OF 24 Interim City Attorney Bill Farrell stated they can either support the new resolution,deny the new resolution or continue it. Councilmember Surra stated she could move to deny the resolution. Councilmember Durbala asked if by continuing it would mean bringing this back again,because he wanted it settled tonight. Interim City Attorney Bill Farrell stated staff can bring it back in any way the council desires,if council had a consensus on the modification or amending of the original resolution.He did not hear that consensus for modification. Councilmember Surra MOVED THAT RESOLUTION NO.97-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING THE CHANGE TO THE SCOPE OF WORK FOR THE APPLICATION FOR FY 1996 HOME AND STATE HOUSING TRUST FUNDS SUBMITTED BY SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER AND THE ARIZONA DEPARTMENT OF HEALTH SERVICES,BE DENIED. Councilmember Urich SECONDED THE MOTION. VOTE:6-1 (Councilmember Barker voted in opposition.) The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS USE OF CHAMBER OF COMMERCE BUILDING )Mayor Coleman asked if there was any discussion or questions by council.There being no discussion,he called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE USE OF THE CHAMBER OF COMMERCE BUILDING:THAT THE STAFF SUBMIT A VARIETY OF POSSIBILITIES WHICH UTILIZE THE SPACE AND RELATED WORKING RELATIONSHIPS TO THE BEST POSSIBLE ADVANTAGE TO THE COUNCIL BY TWO MEETINGS FROM NOW FOR THE FIRST MEETING IN MAY. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 18 OF 24 The motion carried. CABLE FRANCHISE RENEWAL PROCESSES ) )Mayor Coleman called for any questions or further discussion by the council. Councilmember Durbala asked if anything was discussed at the work session the previous evening regarding the televising of the council meetings. Councilmember Barker stated they did not discuss that last evening. Councilmember Durbala asked the city manager why it had not been discussed. City Manager Curtis Shook stated Triax has hired professional people who design these systems to come in and do a preliminary on this building.He is concerned about whether or not things would have changed in regards to the use of the building. Councilmember Hendricks stated the intent was not to do i t live and a professional crew is not needed just to set up a video camera in the back of the room.That is what other communities do, and it is taped and played at various times of the day over the public access channel.He stated that is what was asked for 4 years ago. Councilmember Barker stated it was 8 years ago. Councilmember Hendricks stated they asked for it again four years ago.He stated again all that was needed is a camera in the back of the room. Councilmember Durbala stated he does not want to sign a franchise agreement until the video system is approved and actually put in writing,no matter how long it takes. City Manager Curtis Shook stated that could be made an addition to the contract. Councilmember Durbala asked whether anyone would be manning the local office for complaints. City Manager Curtis Shook stated they do man the office and have local representation. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 19 OF 24 Councilmember Durbala asked if pay- per -view channels will be available,as before they did not have the equipment. City Manager Curtis Shook stated those things are negotiable.As part of the renewal process,they need to take an inventory on what they currently have and then have public meetings on what the future cable related needs are for the community.He is certain that pay -per -view capabilities will be demanded of the franchise. Councilmember Surra asked if they were only to give staff some direction to put together a committee to find out what the needs are,with no decisions on negotiations at this point. City Manager Curtis Shook stated no decisions were to be made tonight. Councilmember Durbala stated those were his concerns and a number of people had called him with those concerns. He wanted to make sure they would be discussed in the citizens'committee.He asked if the cable company via digitized television would have the capability of opening up a second channel at no cost and passing that along to the individuals with the newer television sets. Councilmember Urich stated if they could do the video without hot lights that would be wonderful. Councilmember Durbala stated they are talking about the system. Councilmember Urich stated she is also talking about the system. Councilmember Hendricks stated if this committee is put together he would like them to look into Triax raising their rates and checking to see if they had justification for raising those rates.They are supposed to meet certain standards in order to raise rates and they have not met those.They also need to look at the contract,as Triax guaranteed so many channels and they have never produced that many channels for the base price they are charging the people.That is also one of the justifications for raising their rates. City Manager Curtis Shook stated last evening they had talked about what the city needs to do to comply with the Federal Communications Act and a citizens'committee has been proposed to assist them in the process.The committee would only be in existence for a three month period and they would submit a report to the council containing an inventory on the cable related needs for the future,such as fiber optic backbone and televised Internet access,and an analysis of their current REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 20 OF 24 operating practices and any problems that may have occurred.He stated they are farther ahead on the complaint process then inventorying their future needs.He stated should the council wish to form the committee,they would take Councilmember Hendricks concerns in hand and make it a short process with the intent to have the entire process on whether to renew or not finished by the end of summer. Councilmember Urich stated she wanted a survey of the citizens on this subject. Councilmember Hendricks state Mike Munroe had some good suggestions at the work session last night on this committee and he would like to see him on the committee. City Manager Curtis Shook stated he would be the staff support for the committee. Mayor Coleman closed the discussion and called for a motion. Councilmember Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CABLE FRANCHISE RENEWAL PROCESS:THAT STAFF PUT TOGETHER AN ADVISORY COMMITTEE OF CITIZENS TO FORMULATE,PROCESS AND AID THE PROCESS TO ASSESS OUR FUTURE CABLE NEEDS AND OPERATIONS CONCERNS OF THE EXISTING CABLE COMPANY WITH A REPORT DATE SET AT 3 MONTHS AFTER THEIR FIRST ORGANIZATIONAL MEETING AND COME BACK WITH RECOMMENDATIONS. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL/STAFF RETREAT ) )City Manager Curtis Shook briefed the council on this item.He stated these retreats are for free discussion of all the different things facing the city.The most pressing two or three issues will be discussed.He would like to tentatively schedule it for Saturday,June 7,1997,pending contacting other people involved in the retreat. Councilmember Surra stated she was concerned about that early a date,as she would like the new councilmembers to have already had their orientation before the retreat takes place. City Manager Curtis Shook stated they are in the beginnings of orientation now. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 21 OF 24 Councilmember Durbala stated he believed she was talking about the League of Arizona Cities and Towns orientation. Councilmember Surra stated it was a refresher for all of them and it was good for all of them to get involved. City Clerk Kathy Connelly stated she had made arrangements with Mr.DeBolske to be here at the council work session on June 16 for new council orientation and a council refresher course. Councilmember Surra stated she believed the staff retreat should be after that. Councilmembers Durbala and Urich agreed. City Manager Curtis Shook asked if it should be the Saturday following the orientation. Councilmembers Durbala and Surra stated whatever he could figure out.Councilmember Surra added she wanted the orientation to precede the staff retreat. Councilmember Durbala stated that would give them enough time to digest some of the learning material.He added he would be out of town on June 21,so it would have to be on Sunday or another day. Councilmember Barker suggested leaving the date open to allow the city manager to talk to the councilmembers individually to determine an open date. Councilmember Surra agreed with that,she just wanted to make sure it would be after the orientation/refresher course.Councilmember Surra MOVED THAT WE GIVE THAT DIRECTION TO STAFF THAT FOLLOWING THE COUNCIL ORIENTATION AND REFRESHER COURSE BY MR.DEBOLSKE THAT WE THEN SCHEDULE A STAFF/COUNCIL RETREAT. City Manager Curtis Shook stated if Mr.DeBolske could be here before the 16th,the 7th may be a good day. General discussion by council believed Mr.DeBolske would be booked,but left it to whatever could be arranged. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 22 OF 24 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,APRIL 14,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 15,1997,IN THE CITY COUNCIL CONFERENCE ROOM,AND THAT A JOINT WORK SESSION WITH PLANNING AND ZONING COMMISSION BE HELD AT 7:00 P.M.ON MONDAY,APRIL 7,1997 AT THE SENIOR CENTER. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman stated there is a city team in the walkathon for the American Cancer Society,anyone who has not donated could see him after the meeting. Vice Mayor Richmond is also part of the team. Mayor Coleman stated there are numerous activities coming up from the Boys & Girls Club -3 on 3 basketball tournament,softball tournaments and others - that they will be holding shortly. City Manager Curtis Shook stated the state legislature will be looking at some new bills regarding the state plumbing code,manufactured housing and on the electrical code.He does not know where they stand on these.They had one last week that struck certain language and added language that would allow the rehabilitation of any mobile home under some rules not stated.A pesticide bill was struck entirely by the Natural Resources Committee,and the legislature now seems to be winding down on the budget. ADJOURNMENT meeting at 8:42 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 23 OF 24 )Mayor Coleman adjourned the 2.Acceptance of Minutes of Regular Meeting of March 18,1997. 3.Recognition of Outstanding Service to the Community by City Employees. ACCEPTED THIS 15TH DAY OF APRIL ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF APRIL ,1997. ATTEST: -1) KATHLEEN CONNELLY City Clerk 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 1st day of April,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of April,1997. City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 1,1997 PAGE 24 OF 24