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HomeMy WebLinkAbout1994-06-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 7,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 7,1994,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:00 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Richmond led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Acting Police Chief Capt.Dan Scott City Engineer Gordon Grandy Public Works Supt.Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell W.Dean Thorpe,1615 N.Delaware Dr.,Apache Junction William Cams,629 E.10th Ave.,Apache Junction Robert Lake,288 N.Ironwood,Suite 115,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 1 OF 19 Carol Doty,Apache Junction Chamber of Commerce Midge Conway,902 S.Ocotillo Dr.,Apache Junction Donald Paskiewicz,476 E.Linda Ave.#1,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT BID FOR POLICE DEPARTMENT VEHICLE IN THE AMOUNT OF $7,279.50 BE AWARDED TO ARNOLD AUTO CENTER. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Donald Paskiewicz addressed the council in opposition to City Code Section 12-3-9 regarding parking of a tractor trailer rig in a residential area of the city. Mrs.Midge Conway spoke in opposition to the sewer proposal by the Community Facilities District and asked that they respond to her questions. Mrs.Carol Doty spoke on behalf of the Chamber of Commerce and endorsed the sewer proposal from the Community Facilities District. Mr.Robert Lake spoke in favor of the proposed sewer district. Mr.William Cams spoke against the proposed sewer district and asked that district representatives respond to his questions. Mr.Mike McCaffrey addressed the council regarding his candidacy for state legislature in District 7. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 2 OF 19 CITY MANAGER'S REPORT City Manager Mike Lee reported on the citywide cleanup week and recognized Allied Waste who waived the landfill fees;construction on Royal Palm;weeding of medians;and drainage basin for police building. PUBLIC HEARINGS PERIMETER ANNEXATION:AN -92-01 )Planning Division Mgr.Jim Nakagawa briefed the council on this item. hearing. Mayor Perkins opened the public Mr.W.Dean Thorpe,1615 N.Delaware Dr.,questioned the purpose of this annexation. Mr.Roy Hudson,10875 E.Cordoba, responded to Mr.Thorpe's concerns. Councilman Perkins disagreed with some of Mr.Hudson's comments and reminded everyone that residents of the city are also residents of Pinal County. Vice Mayor Barker concurred with Councilman Perkins and further explained the reasons for this annexation. Mr.Brad Gair,Pinal County Dept.of Civil Works Director,spoke on behalf of Supervisor Smith who could not attend this meeting.He read her letter to the Mayor and City Council,dated June 7, 1994,regarding this issue. Mayor Perkins closed the public hearing,there being no one else wishing to speak on this item. no council action was necessary.) (This was a public hearing only and Mayor Perkins recessed the meeting at 7:50 p.m.She reconvened the meeting at 8:08 p.m. OLD BUSINESS RESOLUTION NO.94-14:APPROVAL OF EXPAN- SION OF SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 BOUNDARIES REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 3 OF 19 )City Manager Mike Lee stated this item was postponed at the May 17th meeting.He indicated there were representatives of the district in the audience to address the council. Mr.Chris Ochs,527 N.Al Sieber Rd.,district representative,spoke in favor of this item. Vice Mayor Barker asked if the vote that will be held is the vote of the people who would like to be a part of the district and they will decide whether that is going to be so. Mr.Ochs answered the people who can vote are only those who have petitioned into the district,and they will be making that decision. Councilman Coleman referred to page two,letter "g" of the resolution and asked if people who expressed interest in the district and paid the initial $20 and decided not to go further but did not notify the district,are being included in the district at this time. Mr.Mike Cafiso of the law firm assisting the district,answered the petition is for including the land within the boundaries of the district and is a formal legal document;the application is for receiving service from the system.He explained that people could submit both of them but if they did not want their property in the district, they can only submit an application for service,which will be provided after the formation of the district on a contractual basis.He explained that the purpose of petitions is to comply with state law that 25% of the people in the district be petitioned in and in addition to that the district plans to hold two elections;one for property owners and one for qualified electors. Mayor Perkins asked why all this was not done at once to avoid problems and questions which are prolonging the issue. Mr.Cafiso agreed with the mayor and explained why it was not done that way. Councilwoman Surra stated that Mrs. Conway's questions to the district at Call to the Public were valid and she asked if the district would answer them tonight. Councilwoman Surra asked if the district was "asking for this expansion because they needed more members in the sewer district in order to get district revenue bonding?" Mr.Cafiso answered he would try to answer financial questions although he was not the one handling that.He stated that the district has been formulated to work based on the number of REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 4 OF 19 people who wanted to be in the district;that the district needed a certain amount to reach a sort of critical mass,but they have long ago passed that number. Councilwoman Surra asked "what happens if you cannot get district revenue bonding;can the city then endeavor to get this district revenue bonding?Will they be able to start their own sewer district?" Mr.Cafiso answered no. Councilwoman Surra asked "how many people have signed up as intention to join the sewer district and have paid the original $20?" Mr.Cafiso answered he heard it was 2,340 petitions that are now included within the proposed boundaries of the district,if the election passes. Councilwoman Surra asked "how many people have actually signed the petition for an approval of addition of their land to the Superstition Mountains Community Facilities District and have paid that fee?" Mr.Cafiso answered 1,945. Councilwoman Surra quoted "if this type of financing (bonds)cannot be obtained,then an assessment may have to be levied on whoever has petitioned in the land to secure financing.Is there any assurance that we have that you are not going to be using the property of these people for collateral? Will you notify people by registered mail if those occurrences should occur?" Mr.Cafiso answered maybe and no. He explained that the Community Facilities District,as an entity,has the power to assess property,but that requires going through a process to determine whether or not that can be done;that the concept is to use revenues only and the district does not intend to use assessments. Councilwoman Surra asked about notifying people if the assessment process were to begin. Mr.Cafiso answered that notification would be given through publication and posting as for an improvement district. Councilwoman Surra asked "what happens if at a later date the people feel comfortable about signing up and there really is no sewer service available.What do residents do?"In other REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 5 OF 19 words,if the system is being utilized for the size it was intended and additional people cannot access the system. Mr.Cafiso answered that some complicated legal issues are involved here because you can only make this district so big before you can make it any bigger,and then you have to probably form another district.He stated there has been some discussion about the possibility of expanding the system,if the first phase is successful,subsequent districts or the city getting involved in the future. Councilwoman Surra asked if the district was "ready to start your operations by July of '94,as you stated in Answers to Most Commonly Asked Questions about the sewer system." Mr.Bruce Kolinski of Interwest Management,answered no. Councilwoman Surra read:"In the past you've advertised starting dates and deadlines and you've changed them on many occasions.Where they postponed due to lack of public support?" Mr.Kolinski answered no. Councilwoman Surra asked if "she will be required to pay a monthly fee if she is not connected to the sewer district and has or has not signed the petition?She also asked for an idea of what the base fee is going to be. Mr.Kolinski answered that if you petitioned your property into the district and paid the $20 application fee, once the sewer is physically present in front of your property and if the district has not heard any different,they would construct a line to your property and you would shortly thereafter get a bill for $180,which is the balance of the $200 connection fee which would be payable at that time in the fall of 1995.If you had petitioned your property into the district and for some reason you do not want the sewer service,they would not construct the line to your property and you would not have any financial obligation. Councilwoman Surra asked if you returned the $180 bill without payment because you decided not to have any services,that is all it would be required. Mr.Kolinski answered that was correct and explained that if you pay the $200 and you get the line to your property,and for some reason you cannot pay for the on -site plumbing right then,you can do it at your own convenience.However,if people paid the $180 and they took the connection,they would have to start paying the minimum balance because the district has spent the money to put the infrastructure in REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 6 OF 19 place and the debt service --interest and principal --has to be paid.He stated the estimated amount at this time for that basic charge is $12 per month. Councilwoman Surra asked if the district will not be controlled by the Corporation Commission. Mr.Kolinski answered that a private utility company is under the jurisdiction of the Arizona Corporation Commission,but the Community Facilities District is not a privately owned utility company;i t is a governmental entity in its own right and therefore it is governed by state statutes,which govern the way a community facilities district is formed and operated in the State of Arizona. City Attorney Glenn Gimbut clarified for Councilman Coleman that included in the list of properties attached to this resolution are pieces of land for which an application has been received but no petition has been signed,so they are part of the parcels being asked to be included in the district by way of the election and vote. Vice Mayor Barker MOVED THAT RESOLUTION NO.94-14,A RESOLUTION OF INTENTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,TO ADD AN AREA OF LAND TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1,BE APPROVED. MOTION. VOTE:In favor: Opposed: The motion carried. Councilman Coleman SECONDED THE Councilman Perkins,Vice Mayor Barker, Councilwoman Richmond,Councilwoman Surra, Councilman Coleman,Councilman Hendricks. Mayor Perkins.She explained that there are still a number of questions which needed to be answered. NEW BUSINESS 2 -YEAR CONTRACT FOR PRESIDING MAGISTRATE ) )City Manager Mike Lee briefed the council on this item.He stated the selected candidate has proposed a couple of changes to the contract;that it be changed to two -and -one-half years,the reason being that the training for magistrates is held in December and it was a problem for her not being able to take this training before she starts on the position;if for some reason the council did not want to renew her contract,the timing for training for the new judge would be right. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 7 OF 19 The council discussed that possibility and the problems involved with doing that. Mr.Gimbut stated if they adjust the contract,theoretically,they would have a person that may not hold office but you are bound to pay the money. Mr.Lee recommended,in view of Mr. Gimbut's comments,not to change the contract.He stated the other change was regarding the moving allowance that the city will be paying:that there is a stipulation in the contract stating that if she voluntarily leaves the position,the money would be returned.The candidate is requesting that the money be prorated. Mr.Gimbut clarified the stipulation is drafted for the first year only and if she stays one year,the expense is forgiven. City Clerk Kathy Connelly suggested to leave the door open to do some checking on the term of contract because it may not be impossible if the council is interested in doing that. Vice Mayor Barker stated she understood the rationale of this person and asked how they can leave the window open on the motion. Mr.Gimbut recommended the council to pass this contract tonight and have it at their next meeting as an amendment to the contract,with the consent of the judge,extending the term if permissible. Vice Mayor Barker asked if they could not say in the motion that if it was discovered that this is a viable way for this situation,to give permission to Mr.Gimbut to negotiate that point. Mr.Gimbut answered he did not have a problem with that but he also has to explore the ordinance on the Magistrate Court,which they are not amending right now and which may give the terms of office. Vice Mayor Barker agreed it would be better to leave it for an amendment later. Councilwoman Surra explained they may not be faced with someone who needs to have that training in order to be able to fully assume the duties of the court the next time they fill it,so they should not worry about extending the contract another six months. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 8 OF 19 Vice Mayor Barker stated that any candidate for the court would benefit from the training whether they are staying or not. Councilwoman Surra replied it may not make a difference to some of them if they take it after they have been on the bench for awhile. Vice Mayor Barker disagreed with that and suggested to explore the possibility of extending the term. Councilman Hendricks asked if the December judge training was mandatory. Mr.Gimbut answered yes. City Manager Mike Lee recommended to approve the contract and make the appointment tonight. Vice Mayor Barker MOVED THAT WE AUTHORIZE THE CITY MANAGER TO ENTER INTO A TWO-YEAR EMPLOYMENT CONTRACT WITH M.ALEX HARRIS FOR THE PRESIDING MAGISTRATE POSITION,AND THAT THE APPOINTMENT BE CONTINGENT UPON EXECUTION OF CONTRACT,AND THAT THE CITY ATTORNEY EXPLORE THIS TWO -AND -A -HALF -YEAR POSSIBILITY. Councilman Hendricks SECONDED THE MOTION. Mr.Gimbut stated he would bring the report back to the council at their next meeting. VOTE:Unanimous. The motion carried. BID AWARD FOR PUBLIC SAFETY BUILDING ) )City Manager Mike Lee stated the bid opening was May 21st and three bids were received;that staff was comfortable with the amount of the low bidder;that they still had to decide on the alternates and he indicated Mr.Ab Hameed and Mr.Mike Munninger were present to answer council's questions from the work session and any new ones. The council asked clarification on the brick and stucco alternatives. Mr.Munninger explained what people bid on and stated there was no stucco in the base bid. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 9 OF 19 Vice Mayor Barker asked that if Alternate 2 was stucco,what was that for. Mr.Munninger explained that the primary building would be split -block or non -stucco but there were interior wall surfaces that would all be stucco,and whenever there is masonry in the base bid,other than split -block,there would be stucco both outside and inside. Vice Mayor Barker asked what is the maintenance difference between block or masonry and stucco. Mr.Munninger explained masonry would require less maintenance over the life of the building. Vice Mayor Barker asked if the life time of a building would be the same if it is stucco or block on the exterior. Mr.Munninger answered that the life time of the building is going to be the same regardless but if the exterior material was stucco,it would require more maintenance over the life of the building. Mr.Hameed added that stucco does not last as long as masonry but it is used to accent an office or lobby area. Councilman Coleman asked if graffiti would be sand -blasted off masonry. Mr.Munninger answered that masonry will have a seal -coat which will make it less prone to damage due to vandalism.He stated that if maintenance is not an issue,they may consider the look of stucco;if maintenance is an issue,then they should consider masonry. Mayor Perkins stated she preferred stucco because it looks more like what people in this community would like to see which is the Southwestern look. Mr.Munninger explained that the building does show the Southwestern architecture;it may look a little more contemporary than stucco,but stucco tends to be less of a municipal or public type building. Mr.Hameed further explained the actual building would look better than the drawing. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 10 OF 19 Councilwoman Surra asked if the council decided to add more buildings to the city complex,how difficult would be to get the same type of block. Mr.Munninger explained that it would be easy. Mr.Hameed further explained that other buildings would not necessarily have to be of the same material. Councilwoman Surra asked if Alternate 2,which is stucco,was asked to bid on also,what was the sense of having the nice block on the outside if that were to change to stucco. Mr.Munninger replied in that case they would change to a different kind of block. Councilwoman Richmond asked if they did not choose the stucco,could they still get the color variations they would like. Mr.Hammed explained they could still do that. Mr.Munninger stated that is an important aspect of this design,to be able to adjust the building to the surrounding area and that the building will have a Southwestern look. Councilman Coleman MOVED THAT BID FOR PUBLIC SAFETY BUILDING IN THE AMOUNT OF $1,779,000 BE AWARDED TO CONCORD COMPANIES,INC.AND THAT WE AUTHORIZE THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT. MOTION. VOTE:In favor: Opposed: The motion carried. Councilwoman Surra SECONDED THE Councilwoman Surra,Councilman Coleman, Councilwoman Richmond,Vice Mayor Barker, Councilman Perkins,Councilman Hendricks. Mayor Perkins.She explained there were two local companies in one of the bids and the difference was not much;if they had been awarded the bid,the money would have stayed in the city. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 11 OF 19 HEALTH AND HUMAN SERVICES FUNDING FOR FY 1994-95 AND DIRECTION TO HEALTH AND HUMAN SERVICES COMMISSION ON PUBLIC TRANSPORTATION NEEDS AND POTENTIAL FUNDING SOURCES )Vice Mayor Barker suggested to combine these two item since direction to the commission might affect funding for health and human services. Mr.Ed Barker,chairman of the Health and Human Services Commission briefed the council on their recommendations for health and human services. Mayor Perkins commended the commission for their work. Councilwoman Surra asked if funding for Reach Out Food Bank is for food only that means that transportation for getting that food is not considered a food cost. Mr.Barker answered they are receiving funds from elsewhere which can be devoted to that. Vice Mayor Barker stated they are also addressing the transportation problem which Mayor Perkins brought up and she briefed the council on Ms.Connelly's recommendations,which might affect the human services funding.She suggested that before they go out looking for modes of transportation and programs to find out what the needs are in this area.She suggested they could take an equal portion from each organization and give it to the commission for a needs study. Ms.Connelly suggested that the study could be done by either the commission or the Information and Referral Service members. Vice Mayor Barker explained that may not be a good idea. Mr.Barker stated the commission could meet and formulate a plan for a needs assessment but he did not know what kind of funding was adequate for that.He suggested that a questionnaire to accomplish that could be mailed out along with one from another department in order to save postage. Mayor Perkins suggested that social agencies could help determine the needs. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 12 OF 19 so but it could be possible. leave the funds where cost much;that maybe contingency funds for out the questionnaire would respond. Mr.Barker replied he did not think Councilman Perkins suggested to they are because he did not think the needs study could staff could help,and if it is costly,they could use that. Councilman Coleman suggested to send in The Citizen;if people need transportation,they The council and staff discussed how much it would cost to handle the questionnaire in the same manner as the one about the landfill. Mayor Perkins recalled that about two years ago the Transportation Committee found out there were over one hundred people,mainly seniors,who needed transportation;that there are many more people outside the city limits so maybe we should have an IGA with the county to provide this service. Mr.Barker suggested that the council decide on the health and human services funding tonight and have the commission meet and discuss this issue and come back with recommendations. Councilwoman Surra stated the council could help underwrite the cost,once they know how much it would cost, and make it separate from this budget. Mr.Barker suggested to have the commission's recommendations back in September. Councilwoman Surra asked the commission to provide estimates and recommendations. Councilman Perkins asked the commission to contact the county to find out if they are willing to compromise on this project. Mayor Perkins agreed with that. Ms.Connelly asked if they meant a citywide public transit system or a system only for emergency medical transportation. The council concurred it may not even be emergency medical but just limited transportation for medical purposes. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 13 OF 19 Mayor Perkins stated she was informed that Dave's Transportation is going out of business and they have vans available for sale. Councilman Coleman commended the commission for their work. Councilwoman Surra MOVED THAT WE ACCEPT THE RECOMMENDATIONS AND STIPULATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AND THAT HUMAN SERVICES FUNDING FOR FISCAL YEAR 1994-95 BE APPROVED AS FOLLOWS: 1.Abuse Prevention Council,In 2.Reach Out Food Bank 3.East Valley Catholic Social 4.Salvation Army 5.Superstition Mt.Mental Heal c. Service th Center,Inc. TOTAL $7,500 $6,000 $13,000 $20,500 $23,000 $70,000 SHE FURTHER MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE HEALTH AND HUMAN SERVICES COMMISSION REGARDING TRANSPORTATION NEEDS FOR MEDICALLY NEEDY: THAT THE BOARD CONVENE OVER THE SUMMER FOR THE PURPOSE OF FORMING RECOMMENDATIONS TO THE COUNCIL REGARDING A SURVEY OF NEEDS AND AN ESTIMATE OF COST FOR THAT SURVEY AND TO REPORT BACK TO THE COUNCIL AT THE FIRST MEETING IN OCTOBER. MOTION. VOTE:Unanimous. The motion carried. REMOVAL OF MEMBERS FROM GENERAL PLAN TASK FORCE Nakagawa briefed the council on this item. Councilwoman Richmond SECONDED THE )Planning Division Mgr.Jim Vice Mayor Barker asked if cards and letters were tried to check that task force members were not available. understanding. confirmed that. removal of these members. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 14 OF 19 Mr.Nakagawa answered that was their Associate Planner Rudy Esquivias Vice Mayor Barker agreed on the Councilwoman Surra MOVED THAT WE MAKE THE FOLLOWING CHANGES TO THE GENERAL PLAN TASK FORCE: 1)Accept the resignation of Frank Kennemur,effective April 21,1994; 2)Remove Paul Connolly and Penny Secor as task force members; 3)Recognize that the General Plan Task Force now consists of eight members with a quorum of five. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS NEIGHBORHOOD PARK IN PALM SPRINGS ) )Mayor Perkins stated that Palm Springs Subdivision would like to help develop a neighborhood park and this was put on the agenda to allow those people to go before the Parks and Recreation Department. The council discussed the location of the park and the need for this to go through the parks department and commission. City Manager Mike Lee stated there would be a recommendation back to the council rather than a decision by the Parks and Recreation Commission. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF:THAT THE PARKS AND RECREATION ADVISORY BOARD WORK WITH THESE PEOPLE AND BRING BACK A PROPOSAL TO THE COUNCIL CONCERNING A NEIGHBORHOOD PARK IN THE PALM SPRINGS SUBDIVISION. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 6 -MONTH WAITING PERIOD FOR BEING PLACED ON TOWING ROTATION LIST ) )Councilman Perkins stated he was approached by a local businessman who is associated with a new towing company REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 15 OF 19 in the city and he was concerned with the six-month waiting period for getting on the police department towing rotation list.He stated he vaguely remembered why the waiting period was required and asked that they discuss this again. Councilman Hendricks recalled that the reason for that was so that nobody from outside could come in,rent a yard,and suddenly get on the towing rotation list and take business away from the businesses which have been in this community for years. City Attorney Glenn Gimbut recalled that the reason was also to have a sort of track record of experience with the department in case of any complaints or problems with a particular company. Acting Police Chief/Capt.Dan Scott stated that another concern was that during the busy season in the winter months,a business would come in,get a business license,tow during that time and then leave. Councilman Perkins asked if the main reason for having the waiting period was the protection of current local companies who have been here for a long period of time and not allow companies to come in temporarily and take the business away from the permanent companies. Capt.Scott answered (unintelligible -apparently spoke away from the microphone). Councilman Perkins asked what is the criteria for proving that someone had a legitimate company. Capt.Scott answered (unintelligible). Vice Mayor Barker asked if having a minimum of three years experience in the operation of the towing service business plus references and background checks,would not provide some of that information. Councilman Perkins explained this person did not have a company operating out of some place else;he has bought a house and a lot for his business in the community.He asked if there is a compromise that could be made for somebody like that. Councilwoman Surra stated the council has talked about being developmentally friendly for businesses to come into this area,however,she was concerned that it would be adverse for the city to waive this waiting period for residents who have businesses in the area for longer periods of time. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 16 OF 19 City Attorney Glenn Gimbut stated that residency is already in the policies. Councilwoman Surra replied that what Councilman Perkins is talking about is people who own a business and who reside within the city. Mr.Gimbut stated he would have to have some public safety reason or some operational reason for preferring residents over non-residents. Councilwoman Surra asked if legally we cannot prefer residents over non-residents in this kind of ordinance. Mr.Gimbut answered this was in reference to a waiver. Vice Mayor Barker explained she understood the reasons for looking into this but council and staff spent a lot of time on this towing policy and she would prefer to leave the waiting period as is. Councilman Perkins explained he had brought this up for discussion for everybody concerned with this and agreed that they could not amend this easily without going through the whole ordinance again. Mayor Perkins commented that by the time this issue was put on the agenda this company would be closer to the end of the six-month period. Councilman Perkins agreed that if a recommendation on this change was made,it would probably take that much time because of postings,hearings,etc.which are required by law. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SIX-MONTH WAITING PERIOD FOR BEING PLACED ON THE TOWING ROTATION LIST:THAT THE TOWING POLICIES REMAIN AS THEY ARE. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 17 OF 19 City Clerk Kathy Connelly added that she checked into that company's business license and that three months have passed already. SELECTION OF MEETING DATES,TIMES,LOCATIONS.AND PURPOSES The council discussed a date for adoption of the tentative budget.The council's consensus was July 5,1994. Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 20,1994,WITH THE EXECUTIVE SESSION BEING DESIGNATED FOR THE CITY MANAGER'S REVIEW,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,JUNE 21,1994,IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT THE TENTATIVE BUDGET BE SCHEDULED FOR JULY 5TH. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Perkins informed the council about a meeting with representatives of the indian reservation reagarding a possible local archeological site. Councilman Coleman informed the council about an upcoming executive board meeting of the League of Cities and Town on June 16th. City Manager Mike Lee informed the council about a CAAG meeting in Payson on June 24th. Asst.City Manager George Hoffman informed the council about the Chamber of Commerce board meeting on June 24th. ADJOURNMENT )Mayor Perkins adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of May 17,1994. REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 18 OF 19 3.Approval of award of low bid for police department vehicle to Arnold Auto Center for $7,279.50 (including tax and fees)plus trade-in allowance of $8,000. ACCEPTED THIS 21ST DAY OF JUNE ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNE ,1994. ATTEST: KATHLEEN CONNELL City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 7th day of June,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 16th day of June,1994. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 7,1994 PAGE 19 OF 19