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Home My WebLink About1994-12-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 6,1994 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 6,1994,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 7:10 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE City Attorney Glenn Gimbut 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:Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Judge Alex Harris,Presiding Magistrate Others Present:(No Request to Speak forms were filed.) ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman'MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 1 OF 7 Councilwoman Richmond SECONDED THE MOTION. Vice Mayor Barker AMENDED THE MOTION THAT ITEM NO.5 BE TAKEN OFF AND PLACED ON THE NEXT EXECUTIVE SESSION AND REGULAR MEETING. Councilman Hendricks SECONDED THE AMENDMENT. AMENDMENT VOTE:Unanimous. MAIN VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Interim City Manager George Hoffman gave a financial report and informed the council about the status of the city manager recruitment;the progress of the Library Expansion;the completion of the traffic light at Southern and Idaho; a meeting of the Apache Junction Town Hall focus group hosted by city staff on December 7 to discuss youth in the community;a CMG Management Commitee meeting on the method of distribution to discuss how leverage is utilized in the CDBG grants application process;a meeting of the Pinal County Governmental Alliance in Coolidge on December 7;the status of the accessible restrooms;and the citywide cleanup week. PUBLIC HEARINGS LIQUOR LICENSE APPLICATION FOR MARIA'S MEXICAN FOOD RESTAURANT )City Clerk Kathy Connelly briefed the council on this item and informed them that the applicant was changing the name of the business. Mr.John Soldo,1422 E.Broadway, addressed the council regarding his application. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 2 OF 7 Mayor Perkins opened the public hearing.There being no one wishing to speak on this item,she closed the public hearing. Vice Mayor Barker MOVED THAT APPLICATION FOR A PERSON TRANSFER,SERIES 7,LIQUOR LICENSE,SUBMITTED FOR MARIA'S RESTAURANT,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. LIQUOR LICENSE APPLICATION FOR ARIZONA JOE'S the council on this item. )City Clerk Kathy Connelly briefed Ms.Tina Lovelady,601 N.Merrill Rd.,addressed the council regarding her application. Mayor Perkins opened the public hearing.There being no one wishing to speak on this item,she closed the public hearing. Vice Mayor Barker MOVED THAT APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE,SUBMITTED FOR ARIZONA JOE'S,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS CITY ATTORNEY CONTRACT.(This item was postponed in the motion for the Consent Agenda.) REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 3 OF 7 REQUEST FOR FUNDING FROM WATER UTILITIES COMMUNITY FACILITIES DISTRICT )City Attorney Glenn Gimbut briefed the council on this item and advised them of some conditions to place upon the loan. Mr.William Farrell,6609 N. Scottsdale Rd.in Scottsdale,Arizona,Board counsel for the Apache Junction Water Utility Community Facilities District,addressed the council on the Board's request for a loan in the sum of $50,000;$20,000 would be required during this current year and $30,000 during the first quarter of 1995.He further briefed the council on the allocation of this loan.He stated that the loan would be paid if the District acquires the water utility,but if the District chooses not to do that or the Bankruptcy Court ruling is such that it is not possible to acquire the water utility,then the legal fees expended up to that time would not be paid,however,the rest of the loan would not have been expended and therefore would be recovered. Councilman Perkins asked what are the chances of the District for acquiring the water utility. Mr.Farrell explained that if there is a sale of the water utility,there is almost a 100% chance that the District would be the successful purchaser because of its advantages over private companies who could also bid;but this depended on whether or not the Bankruptcy Court will approve the sale;that it has already approved the plan for sale,except for three elements which will be considered at a three-day hearing set for January 5,6 and 20,1995.He stated that if the plan for sale is confirmed,then the money will be returned,including the "at risk" money from the consultant,prior to the ending of the city's fiscal year in June 1995. Vice Mayor Barker MOVED THAT THE CITY LOAN THE COMMUNITY FACILITIES DISTRICT THE SUM NOT TO EXCEED $50,000 PAYABLE IN THE MANNER THAT MR.FARRELL JUST DESCRIBED,WITH THE UNDERSTANDING THAT THE MONIES ARE LOANED,WHICH ARE TO BE REPAID BY THE DISTRICT AT SUCH TIME AS IT EITHER ACQUIRES OR ENTERS INTO THE BUSINESS OF PUBLIC INFRASTRUCTURE INCLUDING,BUT NOT LIMITED TO,THE BUSINESS OF WATER SYSTEM FOR DOMESTIC,INDUSTRIAL,IRRIGATION,MUNICIPAL,OR FIRE PROTECTION PURPOSES. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 4 OF 7 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REVIEW OF CITY CODE CHAPTER 3 ADMINISTRATION )Chief Galloway briefed the council on this item.He explained that the Code needed to be revised so that it does not include the Fire Department which is a separate Fire District and to allow the Chief of Police to make decisions on policies and procedures in his department under the supervision of the City Manager. Vice Mayor Barker asked how the council could be involved in the issues of the department and still allowing the Chief of Police to handle the policies and procedures pertaining to those issues in a expediently manner. Chief Galloway explained there are some issues where the council would be a part in the process for formulating policies and procedures,but there are other issues where the council does not need to get involved. Vice Mayor Barker agreed with Chief Galloway and added there should be a manner by which the council would be notified that specific policies were being changed. Chief Galloway answered that one way would be for the council to continue being part of the process for reviewing the department's policies and procedures,which might not work in a timely manner;the other way would be to proceed with this change and after the policies have been approved to send copies for the council. City Clerk Kathy Connelly suggested to include in the ordinance that the City Manager shall notify the council of the changes. Vice Mayor Barker agreed. Councilwoman Surra explained that the council needed to trust the Chief of Police and have the confidence that the changes will be for the good of the department as long as that reflects properly in the community and be for the good of the community as well. City Clerk Kathy Connelly asked Chief Galloway if he anticipated doing immediate policy changes;if so,they will include the emergency clause in the ordinance. Chief Galloway answered that would not be necessary. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 5 OF 7 Councilwoman Surra MOVED THAT DIRECTION BE GIVEN TO STAFF REGARDING THIS ISSUE FOR STAFF TO GO AHEAD AND PREPARE THE ORDINANCE UNDER THE GUIDANCE OF THE POLICE CHIEF SO THAT IT BE PRESENTED TO THE COUNCIL FOR APPROVAL OR DENIAL AT THE NEXT COUNCIL MEETING. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES,LOCATIONS,AND PURPOSES 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,DECEMBER 19,1994,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,DECEMBER 20,1994, IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS The City Council viewed a video on governmental issues and updates produced by the Government Services Training Network. ADJOURNMENT ) )Mayor Perkins adjourned the meeting at 8:03 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of November 15,1994. ACCEPTED THIS 20TH DAY OF DECEMBER ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF DECEMBER ,1994. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 6 OF 7 ATTEST: K i a g i k I L P 7z/v 4 City Clerk a YY11-4 Ad -) JEWPERKINS 4 0 ' 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 6th day of December,1994.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of December,1994. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,1994 PAGE 7 OF 7