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HomeMy WebLinkAbout1994-06-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 21,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 21,1994,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 Vice Mayor Barker 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: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 Others Present:(There were no Request to Speak forms filed.) ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 1 OF 20 THAT RENEWAL OF INTERGOVERNMENTAL AGREEMENT WITH CLERK OF SUPERIOR COURT OF PINAL COUNTY TO PROVIDE JUROR SERVICES FOR THE CITY THROUGH JUNE 30,1995,BE APPROVED;AND THAT THE FOLLOWING REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS BE APPROVED: STEVE QUEST FOR PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30, 1997; ELISE KELLEY FOR BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,1997; DALLAS DEWEY AND CHRISTINA JUCK FOR CONSTRUCTION CODE BOARD OF APPEALS FOR TERMS TO EXPIRE JUNE 30,1996; JUDY HOLDER AND JOHN INSALACO FOR ECONOMIC DEVELOPMENT COMMISSION FOR TERMS TO EXPIRE JUNE 30,1997; CARMEN HUERTA FOR HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,1997; CHERYL CONNOLLY AND PAMELA RINEHOLT FOR LIBRARY BOARD FOR TERMS TO EXPIRE JUNE 30,1997; JAMES R.PALMER,JR.FOR PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,1997; MEL MULHOLLAND AND HERB JORDAN FOR TRANSPORTATION BOARD FOR TERMS TO EXPIRE JUNE 30,1997;AND RICHARD TAYLOR FOR MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,1997. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Clerk Kathy Connelly administered the Oath of Office to newly appointed Presiding Magistrate M.Alex Harris. CALL TO THE PUBLIC None. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 2 OF 20 CITY MANAGER'S REPORT City Manager Mike Lee informed the council about an agreement with Arizona Water Company which would allow the city to start using its own pump facilities on the CAP canal;that there are sufficient bond funds to proceed with all construction projects;that Royal Palm Road has been completed;that funds for the mid -decade special census were added in the budget along with the merit increase and COLA. PUBLIC HEARINGS ORDINANCE NO.899,AMENDING PERSONNEL POLICIES REGARDING OVERTIME/COMPENSATORY TIME (WITH EMERGENCY CLAUSE) )Asst.City Manager George Hoffman briefed the council on this item. City Attorney Glenn Gimbut stated for the record that the previous policies were drafted to conform to FLSA, however,when they were originally drafted the time to complete the adoption was limited and so it was not the best draft;therefore,this ordinance has been revised to make sure that the city is clearly following FLSA. Mr.Hoffman noticed that on page 3, section 5,Hours Worked,under Call -Out time,the word "status"should be added following the "on -call" word. Councilwoman Surra asked how many of the non-exempt employees will be asked to take a 24 -hour -on -call time. Mr.Hoffman explained that could happen in the police department and the public works department. Councilwoman Surra asked if other non-exempt employees are asked to serve on smaller segments of time for on- call instances. Mr.Hoffman explained there was another department which was doing the 24 -hour block but they will now be doing it in smaller parts of time. Councilwoman Surra asked if those people would receive no compensation for being on call. correct. not consistent;if the city REGULAR MEETING OF THE CITY JUNE 21,1994 PAGE 3 OF 20 Mr.Hoffman answered that was Councilwoman Surra stated that was instituted payment for on -call time,it should be COUNCIL spread across to all employees to be eligible for some form of payment,even if it is a minimal amount. Mr.Hoffman replied that was considered and recommended to the council additional verbiage to that effect. Councilwoman Surra agreed with that and asked if they were not differentiating between exempt and non-exempt employees in this case because exempt employees do not receive on -call time. Mr.Hoffman answered that was correct. Vice Mayor Barker asked if this 24- hours was consecutive time or accrued on -call time. Mr.Hoffman answered the interpretation of that is to be consecutive hours. Vice Mayor Barker asked that it be specified in the ordinance. Councilwoman Surra replied that will not be necessary with the additional verbiage Mr.Hoffman has recommended. City Engineer Gordon Grandy asked if an employee suffered an accident while being off work because of comp time,he or she would be covered by State Workman's Compensation. Councilwoman Surra did not believe State Workman's Compensation would cover an accident in that case because comp time is non -worked time. Mayor Perkins opened the public hearing;there being no one wishing to speak on this item,she closed the public hearing. Councilwoman Surra MOVED THAT ORDINANCE NO.899 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 4 OF 20 City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE JUNCTION,RULE I, DEFINITION OF TERMS,AND RULE XV,OVERTIME;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Councilwoman Surra MOVED THAT ORDINANCE NO.899,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT WE DELETE THE LAST SECTION OF SECTION 5,ON -CALL TIME,AND SUBSTITUTE THE FOLLOWING SENTENCE IN ITS PLACE:THAT EMPLOYEES WHO ARE ASSIGNED ON -CALL STATUS WILL RECEIVE COMPENSATION AT THE RATE OF $1.00 PER HOUR FOR EACH HOUR SERVED IN AN ON -CALL STATUS AND THIS COMPENSATION WOULD NOT APPLY WHEN THE EMPLOYEE IS REQUIRED TO PERFORM WORK -RELATED DUTIES DURING ON- CALL TIME SINCE THAT TIME IS TO THEN BE CONSIDERED HOURS WORKED;AND THAT ON PAGE 3,UNDER CALL -OUT TIME,THE WORD "STATUS"BE ADDED FOLLOWING THE WORD "ON -CALL." Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS TAPED BROADCAST OF CITY COUNCIL MEETINGS ) )City Clerk Kathy Connelly briefed the council on this item.She informed the council that Edwards Communications,who regularly services the sound system,had just been over to fix some trouble with the sound system and they will offer a quote for upgrading the system,which should be lower than Troxell's estimate because they propose to reuse equipment.She asked for authorization to go ahead and upgrade the system and allocate funding for this in the budget. Finance Director Keith Lewis clarified there was money in the budget for that. Ms.Connelly stated that if it is necessary,this item will come back as a bid,if not,she will go ahead and do the necessary repairs for preparation for taping the council meeting for broadcast.She added that we will also get a cable that we need from Triax, who also offered to provide staffing for taping the meetings and will be asked to follow through on that offer. Vice Mayor Barker agreed with the need for upgrading the sound system and with the money already allocated in the budget for that purpose,and she asked that the cost does not go over that amount. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 5 OF 20 Ms.Connelly agreed on that and further explained some of the improvements under consideration. Mayor Perkins commented the public will appreciate the sound improvements. Ms.Connelly stated that if the sound system were not improved,we would have to deal with closed -captioning, because under current circumstances people at home would not be able to hear the meetings,and that could be very expensive. Asst.City Manager George Hoffman explained we might still have to do that. City Manager Mike Lee commented that the lighting could be improved by repainting the ceiling white. Ms.Connelly added that conditions in the room were good for doing recordings and tape broadcasting because of the minimal echoing. The council clarified with staff that direction on this was not necessary and the council supported on -going plans. NEW BUSINESS BID AWARD FOR LIBRARY EXPANSION. (This item was postponed to July 5th in the motion on the Consent Agenda.) COUNCIL LIAISON APPOINTMENTS )City Clerk Kathy Connelly briefed the council on this item and stated that Mayor Perkins wished to update the liaison appointments as follows: 1.Appoint Councilwoman Surra as first liaison to the Municipal Property Corporation. 2.Appoint Councilwoman Surra as second liaison for the Health and Human Services Commission,the Personnel Board,and the Planning and Zoning Commission. 3.Appoint Councilman Perkins as liaison for the Apache Junction Fire District. 4.Appoint Councilman Hendricks as liaison for the Construction Code Board of Appeals. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 6 OF 20 Councilwoman Richmond MOVED THAT COUNCIL LIAISON APPOINTMENTS,AS PROPOSED BY THE MAYOR,BE RATIFIED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTRACT TO HIRSCH & SALTSMAN FOR PROSECUTORIAL SERVICES )City Attorney Glenn Gimbut briefed the council on this item.He indicated that a bid notice was posted and Mr.Hirsch's office has responded to that. Vice Mayor Barker recalled that the council has been discussing for three years the possibility of getting an Assistant City Attorney and asked the council to consider this seriously this year. Mr.Gimbut reminded Vice Mayor Barker that at the last budget meeting the council directed staff to bring this issue back in January for planning that for next fiscal year. Asst.City Manager George Hoffman asked why section 9 said "Independent Contractor"but the contract was titled Contract of Employment and section 1 said "Employment,"as opposed to contractual services. Mr.Gimbut answered it should probably say "Contract for Services"but this language has been in the form of contract always and section 9 makes it fairly clear what the status is,so that was not a major problem. Vice Mayor Barker MOVED THAT CONTRACT WITH HIRSCH & SALTSMAN FOR PROSECUTORIAL SERVICES FOR 1994-95 FISCAL YEAR IN THE AMOUNT OF $65,000 BE APPROVED. MOTION. VOTE:In favor: Councilman Hendricks SECONDED THE Vice Mayor Barker,Councilwoman Surra, Councilwoman Richmond,Councilman Coleman, Councilman Hendricks,Mayor Perkins. Opposed:Councilman Perkins. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 7 OF 20 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS FORMATION OF A DESIGN REVIEW BOARD on this item.She stated this was reviewed the county's ordinance on established for future businesses; further. )Mayor Perkins briefed the council discussed at the work session;that she has this;that this is something that could be and asked the council to discuss this Vice Mayor Barker concurred with Councilman Perkins'recommendation at the work session of the possibility of putting something in place for a group of businesses that wanted to utilize that process so it would be ready for them to use and it would not be mandated. Councilwoman Surra agreed with that and suggested that the council also establish a theme for new buildings and development. Councilman Perkins was concerned with creating grandfather rights for current businesses who would not want to comply with a design ordinance.He suggested to ask that 50% of the businesses on Apache Trail can come to the city and ask for that. Councilwoman Surra explained there may be problems if businesses are allowed to choose what they want and she recommended that the city be the leader on a design theme and not the business community. Councilman Coleman was concerned with imposing too many limitations on businesses who then would settle outside the city. Councilwoman Surra disagreed with that and stated the city can make it attractive for others to move out here. Councilman Perkins stated we can still accomplish that by being partners with the business community and not telling them what they can build;we should set the standard that the city wants businesses to come in and its willing to work with them. Councilman Hendricks replied there still have to be limits;that the city can be partners with the businesses without pushing them around but inviting them to come in and present them with a theme for our area,which is in tune with promoting tourism. Mayor Perkins mentioned that when MegaFoods presented their architectural design to the council they stated they REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 8 OF 20 had no objection to making it a Southwestern theme,but they were not asked to do it. Councilman Perkins suggested that staff and some council members meet with the Chamber of Commerce and Main Street to ask their input on this matter,because he thought there was business support for a theme. Mayor Perkins stated that a businessman mentioned to her that many of the businesses wanted a theme but they needed to be lead. Councilman Perkins suggested to look at the county's ordinance and try to apply it to the city to see if the business community supports that. Vice Mayor Barker stated on the problems the city has had with enforcement of building codes and that at this time it would not be appropriate to put a mandate on new buildings and their types;that there are ways within the Building Division to encourage certain types of buildings as people come in;and that government has no right to dictate in that respect. Councilwoman Surra explained her idea was not to dictate a specific type of building but to set guidelines about a theme that needs to be carried out;and there is leeway within a theme and a lot of room for creativity and for uniqueness in a building. Vice Mayor Barker asked how they are going to define that and who is going to make the final decision on a building. Councilwoman Surra answered that was the direction they would give staff,to come up with something for the council to look at. Vice Mayor Barker commented that the idea of a western look varies among people and so it would be difficult to establish that. Councilwoman Surra explained that there may be a variety in Southwestern look styles but what is important is that they blend together within the same theme. Councilman Perkins suggested to ask County Supervisor Sandie Smith,who was present,to brief the council on their ordinance as to how it works.He asked Mrs.Smith who would be the judge on the theme. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 9 OF 20 Supervisor Smith answered their ordinance was specific about who would be the review board and their individual qualifications.She explained their ordinance is designed to be used countywide,that a specific area would not impact another area,and it only applies to commercial buildings and not homes;that 51% of the people can come forward and meet the criteria for forming a review board;and that it is a working document and not mandated because it is the result of talks with the people. Councilman Perkins asked if the property owners then are the ones who set up the design review board. Supervisor Smith answered yes and that it is done in conjunction with guidelines from the county.She explained this ordinance was been studied since 1988-89 when the county was doing the general plan. Councilman Perkins asked her,as a member of Main Street and the Chamber of Commerce,if they would be interested in this type of a vehicle if the city was to put something like this in place for the business community. Supervisor Smith answered it would be easy to find out how many people would be interested in accomplishing that; that most of the buildings are quite western and we could take a survey whether it be through Main Street or the Chamber of Commerce. Mayor Perkins commented that not many of the businesses would have to do any drastic changes. Supervisor Smith commented there are many absent business owners who do not know what the city is trying to do and suggested that the survey include some explanation the value of improving the main street area. Planning Division Mgr.Jim Nakagawa asked if the board would be setting the boundaries of the district. Supervisor Smith answered no,the people petitioning in would do that because it is a citizen initiative. Mr.Nakagawa asked if after they the district,they would apply for a building director,in consultation with one of the design to approve or deny it,and an appeals process would propose the project within permit,and the department review members,would have follow. Supervisor Smith agreed with that. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 10 OF 20 Councilman Perkins recommended to work with the business community to achieve something similar to what the county has done. Councilwoman Richmond asked if 51% of the businesses wanted to follow a certain theme,the rest of the businesses would have to comply with that. Councilman Perkins answered that is what is stated in the ordinance. Supervisor Smith stated the ordinance applies to new development and does not compel existing buildings to change which would be grandfathered in. Councilman Perkins stated this would work the same as the sign ordinance where existing buildings are grandfathered,but if they were to change their structure,they would have to comply with the ordinance. Councilwoman Surra explained that if 51% of the people were allowed to decide on the theme,they may choose something different than what the city would like for this community.She stated the city should decide on the theme. Councilman Perkins disagreed that people would choose something different than Southwestern because people have recently expressed a preference for that. Councilwoman Surra replied she did not know what people would like next year. Councilman Hendricks added there are buildings that do not look Southwestern. City Attorney Glenn Gimbut suggested to direct staff to bring back the county's ordinance as well as other ordinances for the council to consider. City Manager Mike Lee agreed with that and stated the county's ordinance is designed for a broad geographical area with a lot of different life styles,but the city would have only one theme.He did not agreed with enforcing that on everybody coming in but rather in areas where 51% of the businesses want to do it. Mayor Perkins stated that once some of the people decide to go with a Southwestern theme,maybe others will be encouraged to do that as well. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 11 OF 20 Councilman Coleman noticed that the county's ordinance indicates that upon the design review board's recommendation the Board of Supervisors "shall establish design guidelines in the form of a design review plan for that specific area";so it would still be up to the city to recommend a plan. Mr.Lee explained that everybody in the city seems to like the Southwestern theme so it would be unlikely that anybody else would like something different,and that the question is whether there are areas in the city who would want to do it. Councilman Perkins MOVED TO GIVE THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FORMATION OF A DESIGN REVIEW ORDINANCE:THAT THEY RESEARCH THIS IN COORDINATION WITH MAIN STREET AND THE CHAMBER OF COMMERCE AND BRING BACK TO THE COUNCIL A POSSIBLE VEHICLE BY WHICH A DESIGN REVIEW COULD BE ACCOMPLISHED WITH BUSINESS COMMUNITY'S SUPPORT. Councilman Coleman SECONDED THE MOTION. Mayor Perkins OFFERED THE AMENDMENT THAT ANY FUTURE BUILDING BE SOUTHWESTERN IN DESIGN. Councilwoman Surra clarified that the motion is asking for staff to bring some options for the council to work with before they make a vote on anything. Councilman Perkins agreed on that. The council clarified the motion and asked that it includes several vehicles to consider. could put a time limit on it. the first meeting in August. amendment. motion for the council. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 12 OF 20 Vice Mayor Barker asked if they The council and staff agreed on a Mayor Perkins withdrew her City Clerk Kathy Connelly read the Mayor Perkins recessed the meeting at 8:32 p.m.She reconvened the meeting at 8:47 p.m. SETBACKS FROM ALLEYS AND REQUIRED PARKING PARKING FOR COMMERCIAL ESTABLISHMENTS ) )Mayor Perkins stated she put this item on the agenda at the request of one businessman who would like to renovate his business and the alley seems to create a problem;that she discussed this with City Engineer Gordon Grandy and asked him to further brief the council on this item. City Engineer Gordon Grandy stated the alley is behind Los Vaqueros and ACE Hardware;that these lots are in a plotted subdivision which establishes a dedicated alley;that even though the alley is narrow,it is used for deliveries to a variety of businesses in that area and if they close the alley that would go away;and that he suggested that the setbacks in alleys could be eliminated in commercial areas,because they end up being useless areas since ten or seven feet cannot be used for parking and the like other than setbacks. Planning Division Mgr.Jim Nakagawa stated the alley could be used for parking. Mr.Grandy disagreed on that. Councilman Perkins asked if they were talking about considering this issue as plans are presented or on a total scale. City Attorney Glenn Gimbut answered they would be amending the zoning code. Councilman Perkins stated he has a problem with having a business section abutting houses,which has zero clearance between the fence line and the homes;that the reason for having setbacks is to separate businesses from residential areas. Mr.Grandy replied this issue would only apply for businesses where there is an alley,which is the old part of the city,of whether or not commercial establishments could go to zero setbacks where there is an alley. Councilwoman Surra asked Mr.Grandy to draw a diagram of this situation. Mr.Grandy did that for the council. He stated that the business adjacent to Los Vaqueros is able to use some of their setback for their own purposes but Los Vaqueros was denied a building permit for what they want to do because of the setback. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 13 OF 20 The council questioned that inconsistency and staff replied it was because of a mistake. Councilwoman Surra asked if they allow a zero tolerance for the setback,they are still not encroaching into the alley. Mr.Grandy confirmed that. Councilman Perkins was concerned that if they did that,the zero setback would also apply to the other side of the alley. Mr.Grandy explained that could be addressed in the ordinance stating that the setback requirements opposite to the businesses would have to comply with that. Councilwoman Surra asked if they are being asked to enact an ordinance that would impact on those places that abut an alley. Mayor Perkins asked Mr.Wynn to present his request to the council. Mr.Jimmy E.Wynn,1504 W. - Superstition Blvd.,owner of Los Vaqueros,explained that they have a patio in the back where they would like to put a canopy with metal shades to be rolled up and down to accommodate customers in the winter and summer;that it would not change the dimensions of the land being used or the patio and it would generate extra income for the business and sales tax for the city. Vice Mayor Barker asked if Mr. Wynn's plans will be meeting the patio that is already existing,how are his plans effected by the setbacks. Mr.Wynn answered it was because the awning will come right to the fence and because of the rules and regulations he cannot do that. City Attorney Glenn Gimbut explained that the roofed patio is a structure but the patio alone is not considered a structure. Councilman Perkins was concerned that if they changed the zoning ordinance in this case,it may have an effect in the future. Mr.Nakagawa stated that basically it would change the city standards in the way of providing enough space REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 14 OF 20 between a building and the property line,and that building and fire codes address safety concerns by requiring special walls if they are built right on the property line. Mayor Perkins asked if the roof will not reach the alley. Mr.Wynn answered that it will come right to the fence line and the fence will be of block and wrought iron and the canopy and shade of metal and he was not sure if that would comply with fire safety requirements. his concerns about changing the ordinance. Councilman Perkins further expressed Councilwoman Surra replied this change in the ordinance would only address buildings against an alley in which case the alley becomes the setback. Councilman Perkins asked staff if they were sure this change would not cause other problems with building codes in the future. Building and Safety Manager Dale McKendricks suggested that before the council enacted an ordinance removing the setback requirements of the alley way that they first study the building codes,because he does not thing Mr.Wynn will be able to do what he wants to do anyway. qualify with the fire wall requirements. Mr.Gimbut asked if metal does not Mr.McKendricks affirmed that. Mr.Gimbut suggested that Mr.Wynn might be able to use a variance or a conditional use permit to be able to build what he wants without doing a study of the building codes. The council discussed whether or not Mr. Wynn could build his patio structure,even if they removed the setback requirements,because of the building codes.Staff answered their questions. The council also discussed parking requirements in relation to Los Vaqueros extending its facilities to accommodate more customers. The council decided that parking requirements was a separate issue and they would not discuss it. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 15 OF 20 Councilwoman Richmond stated if Mr. Wynn is already using the patio,then his parking requirement is already met. Councilman Perkins replied that because Mr.Wynn is already using the patio he is complying with the parking requirements. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING SETBACKS FROM ALLEYS:THAT WE ALLOW FOR ZERO TOLERANCE OF BUSINESSES ON ALREADY ESTABLISHED ALLEY WAYS IN COMMERCIAL AREAS. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker asked staff to enforce the parking requirements on those businesses that are not complying. Asst.City Manager George Hoffman asked if after the ordinance is changed and adopted,Mr.Wynn requests a building permit that would include a building check,and if zoning indicates he does not have sufficient parking then he would have a problem. The council agreed on that. Mr.Gimbut reminded the council there are variances and conditional use permits to fit particular situations; that the reason for an ordinance change is because the council feels that applies throughout the city. Mr.Hoffman explained his question was because he did not want the council to expect that they had resolved this situation to find out later that they had not. The council replied they did know that. City Clerk Kathy Connelly stated there is also no assurance that a variance or conditional use permit would be granted. Mr.Gimbut agreed. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 16 OF 20 CITY CODE AMENDMENT TO ESTABLISH A PROCESS FOR CITY FINANCIAL ASSISTANCE )Vice Mayor Barker stated that the city has a process through which health and human service agencies can apply for funds,however,the ordinance states that any non-profit agency can submit a request.She proposed a process by which all non-profit agencies in the community would submit a request for funding;that any interested agencies submit their request to the appropriate city board or commission so that when the council considers the budget those funds will be figured in,except in emergency situations where health and safety issues are involved. Councilwoman Surra commented it was very helpful when the Health and Human Services Commission did a review of the various agencies'requests and presented their recommendations to the council, and she agreed with this proposal. Councilman Perkins asked if the Chamber of Commerce would have to go through the EDC. Vice Mayor Barker answered that the Chamber of Commerce is already following a process for requesting funds.She explained this would affect groups who in the past have come to the city for funds and this process would stop those surprises and would make those agencies plan for that and it would prepare the city also. City Clerk Kathy Connelly stated that if this process had been in place when some of those groups requested funds --even today under our ordinance --they would not qualify because they do not have a non-profit status;so this would make these organizations get formalized. City Attorney Glenn Gimbut stated that those groups without non-profit status do not request funding for themselves but for the building of public facilities,which would not be part of this. The council discussed the advantage of being able to plan ahead for funding if agencies submitted their requests in advance and the possibility of exceptions in emergency situations. Vice Mayor Barker stated in that case this process may not work,if they start making exceptions,but at least this would allow planning things ahead. City Clerk Kathy Connelly asked if the council was interested in applying this for financial assistance that goes directly to the agency for purposes of a facility which they would benefit from. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 17 OF 20 Vice Mayor Barker answered she would like that to be considered by the appropriate board or commission. Ms.Connelly asked if in instances where health and safety are involved and the deadline cannot be made,the council would still want that,if possible,to be reviewed by the appropriate board or commission. all possible,she would like that. the word "preferable"instead of possible. Vice Mayor Barker answered that if Councilwoman Surra suggested to use Vice Mayor Barker agreed on that. The council decided to leave the deadline of January as the date for submitting requests for funding. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY CODE AMENDMENT ESTABLISHING A PROCESS FOR CITY FINANCIAL ASSISTANCE:THAT THOSE THINGS WHICH ARE LISTED ON THE CITY CLERK'S MEMO SUCH AS THE FUNDING REQUEST BEING DONE IN CONJUNCTION WITH THE BUDGET,THE FUNDING REQUEST BEING REVIEWED,PREFERABLY, BY THE CITY BOARD OR COMMISSION THAT IS APPROPRIATE,AND THAT PROVISIONS BE PERMITTED DUE TO THE VARIOUS REASONS SHE STATED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AUTHORIZATION FOR PERMIT ASSISTANT I/II POSITION )Planning Division Mgr.Jim Nakagawa briefed the council on this item. Vice Mayor Barker asked if there is not a job description for this position. Mr.Nakagawa answered there is one for the Permit Assistant position but not as I or II. Personnel Officer George Hoffman stated that the current position would become II. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 18 OF 20 Personnel Officer George Hoffman answered it would take one week.He explained that position was not included yet in the Classification Plan,which will be adopted along with the final budget. GO AHEAD WITH THIS POSITION. Councilwoman Surra MOVED THAT STAFF Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 5,1994,IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Coleman informed the council about the League of Cities and Towns Executive Board Meeting he attended last week. City Manager Mike Lee informed the council that on June 30 the council will have the final list of candidate for the Police Chief position and July 8th was the proposed date for interviews.He further explained the process for the selection and interviewing of the final candidate. 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 June 1,1994. 3.Acceptance of Minutes of Regular Meeting of June 7,1994. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 19 OF 20 4.Approval of Renewal of Intergovernmental Agreement with Clerk of Superior Court of Pinal County to provide juror services for the City through June 30,1995. 5.Reappointment of members to various boards and commission. ACCEPTED THIS 5TH DAY OF JULY ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6111 DAY OF JULY ATTEST: KATEEN—C City Clerk CITY COUNCIL MINUTES CERTIFICATION ,1994. 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 21st day of June,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of June,1994. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1994 PAGE 20 OF 20