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HomeMy WebLinkAbout1993-07-20 City Council Regular MinutesACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TOITHE PUBLIC John Pein,6326 E.20th Ave.,addressed -the Council regarding approval of the tentative budget.He stated that it was decided last night to balance the budget- on the backs of city workers and volunteers while other projects saw absolutely no movement in there whatsoever. CITY MANAGER'S REPORT City Manager Mike Lee informed the Council about two Thank You letters: one from Parks & Recreation Director Jeff 'Bell who commended Recreation Coordinator Beth Cowles for the pool's staff response to an injury accident; the other letter was from,Mr.and Mrs.Weldon commending Officer Gary Elkins for his help in locating their lost pet.He stated that we:receive more positive letters like these than negative _ones. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER,SERIES 7, LIQUOR LICENSE SUBMITTED FOR APACHE PARK N' SWAP )City Clerk Kathleen Connelly briefed the Council on this item. Mayor Perkins opened the hearing to the public.There being no one wishing to speak,she closed the public hearing. Councilman Richomond MOVED THAT THE APPLICATION FOR A PERSON TRANSFER,SERIES 7,LIQUOR LICENSE,SUBMITTED FOR APACHE PARK N'SWAP,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Perkins SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 2 OF 14 VOTE:Unanimous. The motion carried. APPLICATION FOR A PERSON TRANSFER SERIES 6 LIQUOR LICENSE SUBMITTED FOR JAKES-O-MINE ) )City Clerk Kathleen Connelly briefed the Council on this item. Mayor Perkins opened the public hearing. Ms.Katherine Bietau,8331 E. Mariposa in Scottsdale,offered to answer any questions from the Council. Councilman Perkins asked staff about the reasons why the Public Safety Department recommended denial of this application. Ms.Connelly answered that the department did not give their reasons for denial in their memo. Councilman Perkins asked Lt.Scott if he knew reasons. Leiutenant Scott answered that i t was because of the applicant's background. Councilman Hendricks asked Lt.Scott if there was anything different in the background investigation other than what it was submitted by the applicant. Lt.Scott answered that he was not sure about that. City Attorney Glenn Gimbut pointed out that in the application there was mention of the applicant's several different contacts with law enforcement going back from 1978 to 1992. Lt.Scott replied that he believed that was the precedent why the department was recommending denial of the application. Councilman Coleman noticed some of the statements submitted by the applicant relating to her background.He asked the applicant if she prepared it and if that information was correct. Ms.Bietau answered yes. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 3 OF 14 Councilman Hendricks asked what were the applicant's plans for the business. Ms.Bietau answered that their plans were to keep it a clean running bar with no bikers;basically to keep it the way it is operating right now and the way it was operated by Jim and Sue Hazel baker. Mr.Jim Bockman,1046 E.Kachina, asked what was the difference between a Series 6 and a Series 7 liquor license application. Ms.Connelly answered that Series 7 is full service of liquor at a bar location and Series 7 is the sale of beer and wine only. Councilman Hedricks MOVED THAT THE APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE,SUBMITTED FOR JAKES-O-MINE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Richmond SECONDED THE MOTION. Councilman Coleman stated that he had a problem with that recommendation and explained why. Councilman Hendricks asked Councilman Coleman if he had time to call Ms.Bietau. Councilman Coleman answered no. Councilman Hendricks replied that he did call Ms.Bietau and asked her about her background and whether or not she was honest with the information and obviously she was.He further informed the Council about the applicant's explanation about her background.He stated his reasons for being in favor of the applicant. Councilman Coleman noticed that October 1992 was the most recent date that the applicant had contact with law enforcement. problem with that too. Mayor Perkins stated she had a The Council proceeded with the vote. VOTE:In Favor:Councilman Hendricks,Councilwoman Richmond. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 4 OF 14 Opposed:Councilman Coleman,Councilman Perkins,Councilman Cox, Mayor Perkins. The motion failed. Councilman Coleman MOVED THAT THE APPLICATION FOR A PERSON TRANSFER,SERIES 6,LIQUOR LICENSE SUBMITTED BY KATHERINE A.BIETAU FOR JAKES- 0-MINE,BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL;THE REASON FOR THE RECOMMENDATION OF DENIAL IS THE RECOMMENDATION FOR DENIAL BY THE DEPARTMENT OF PUBLIC SAFETY AS INDICATED IN THEIR MEMORANDUM DATED JULY 15,1993;AND THAT THE BEST INTEREST OF THE COMMUNITY WILL NOT BE SUBSTANTIALLY SERVED BY THE ISSUANCE OF THIS LICENSE. Councilman Perkins SECONDED THE MOTION. City Attorney Glenn Gimbut reminded the Council that they are to make recommendations to Arizona Department of Liquor Licenses and Control but the final decision is up to the State which may decide to follow our recommendation or not;if we wish our recommendation to be heard,we need to have reasons for our recommendation as indicated in the suggested motion. VOTE:In favor:Councilwoman Richmond,Councilman Coleman,Councilman Perkins,Councilman Cox,Mayor Perkins. Opposed:Councilman Hendricks. The motion carried. ORDINANCE NO.868,AMENDING CHAPTER 5, MAGISTRATE COURT;POSSIBLE INSTRUCTIONS TO STAFF REGARDING RECRUITMENT OF A NEW CHIEF MAGISTRATE )Councilman Hendricks expressed concern about the operations of the Magistrate Court and stated he was informed that the City is being threatened with litigation by Judge Brundrett over the Council's decision with respect to the Court Administrator's position;that he read in the Arizona Republic that Judge Brundrett stated that he does not intend to reapply for the City Magistrate's position at the end of his current term.He referred back to findings and recommendations from the Judicial Review Board in 1992.He recommended to hire a strong administrative judge now and not interfere in Judge Brundrett's term of office and allow him to fill out his term.He stated that if his motion passed,he would ask that the Court Administrator's position be rescinded;by creating a new position in the City Magistrate,obviously we may be overstaffing our Court to some extent.He MOVED THAT WE INSTRUCT STAFF TO RECRUIT A STRONG ADMINISTRATIVE JUDGE BY NOVEMBER 1,1993;THAT THE CITY MANAGER OR PERSONNEL OFFICER COME BACK BY THE NEXT COUNCIL MEETING WITH PLANS ON HOW TO GO ABOUT REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 5 OF 14 RECRUITING THIS JUDGE; AND THAT HE WOULD LIKE TO SEE ORDINANCE NO. 868 ADOPTED. Mayor Perkins opened the hearing to the public. Judge Brundrett briefed the Council on Administrative Order 90,and on from the rules of the Court,and on new changes in the Court system.He stated that he has been attending law school for a one-year program that is being required now for judges.He commented on the Judicial Review Board recommendations stating that usually these boards have a judge and an attorney but this board did not have any judicial person, they did not review the Court as other judicial review boards have done it; and it did not really determine the administrative needs of the Court.He briefed the Council on the operations of the Magistrate Court and read a letter from Pro Tern Collier to Judge Bean of the Superior Court,dated March 13,1993,regarding the administrative operations of the Apache Junction Magistrate Court.He further stated that he continues to hear rummors about administrative problems in the Court but nobody from the Council has come to the Court to see if there is a problem and that anything that happened in the Court he has successfully taken care of.He explained why the Court could not justify the need for another full-time judge.He requested that all actions relating to the Court be delayed until a judicial study is made by the Supreme Court as to the actual needs for this Court. Councilman Perkins explained the reasons why he did not accept the Judicial Review Board's recommendations; they did not review the administration of the Court but it dealt with personality conflicts.He was concerned with the financial problems that the City is facing and the creation of new positions in such a short period of time.He stated there were no specific guidelines for what a "strong administative judge"is;that the situation in the court is one that can be worked out;and that Judge Bean should be here to answer questions from the Council before they proceed.He recommended to postpone this matter until Judge Bean can be present and until specific guidelines are set up for a "strong administrative judge"sometime in September.He suggested that if a new judge was necessary,to begin recruiting some time in April of 1994 so that the transition be smooth and efficient. Councilman Coleman agreed with Councilman Perkins and thanked Judge Brundrett for his efforts.He regretted his amendment to the motion made on this matter at the last Council meeting, and added that the judge should run his own Court and he should be given the power to do that.He stated that he voted to try to reduce the budget but now he cannot justify the hiring of another magistrate. Councilman Perkins MOVED THAT ANY FURTHER ACTION ON THIS ORDINANCE BE POSTPONED UNTIL THE SECOND MEETING IN SEPTEMBER (SEPTEMBER 21ST);THAT AT THAT TIME STAFF COME BACK WITH SPECIFIC REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 6 OF 14 GUIDELINES FOR "A STRONG ADMINISTRATIVE JUDGE";THAT STAFF REINSTATE THE POSITION OF COURT ADMINISTRATOR;AND AT THAT MEETING WE TRY TO HAVE JUDGE BEAN PRESENT TO ANSWER ANY QUESTIONS. Councilman Cox SECONDED THE MOTION. Assistant City Manager George Hoffman asked the City Attorney if reinstating the position of the Court Administrator is sufficient to reverse the action at the last Council meeting. City Attorney Glenn Gimbut stated that the problem with that is the Open Meeting Law and explained that this item is limited as described on the agenda,and recommended that part of that motion be done at the next Council meeting with the duly noticed item on the agenda. Councilman Perkins agreed with that recommendation. City Manager Mike Lee asked for clarification on the item listed on the agenda. Councilman Coleman read the item on the agenda. Mr.Gimbut explained that the description of the item on the agenda was the title of the section in the City Code which does not relate to the court administrator;that section deals strictly with the power of the judge to administer the Court but it does not deal with any particular personnel position. Mr.Lee asked why is court personnel added in that section. Mr.Gimbut answered that it was the title of that article in the City Code but that section did not deal with who is court personnel or what they are to do. Councilman Coleman replied that Court personnel is on the agenda however. Mr.Gimbut stated that i t is to be the title of an article as opposed to a general topic of city personnel. Councilman Perkins stated that he did not have a problem waiting until the next Council meeting for the motion on the court administrator.He withdrew that section from his motion. Councilman Cox agreed with that. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 7 OF 14 City Clerk Kathy Connelly read the motion as amended:"THAT ITEM NO.5 BE POSTPONED UNTIL THE SECOND MEETING IN SEPTEMBER;THAT IN THE INTERIM STAFF DEVELOP GUIDELINES FOR "A STRONG ADMINSITRATIVE JUDGE"POSITION;AND REQUESTING JUDGE BEAN TO BE PRESENT AT THE SECOND MEETING IN SEPTEMBER." Councilman Coleman stated that he would rather see just guidelines developed for a Presiding Magistrate instead of specifying a "strong administrative judge." Councilman Perkins accepted changing "a strong administrative judge"for "a presiding magistrate"and add that i t is "guidelines for recruitment." Councilman Cox agreed with that. Ms.Connelly read the motion as amended the second time:"THAT ITEM NO.5 BE POSTPONED UNTIL THE SECOND MEETING IN SEPTEMBER;THAT IN THE INTERIM STAFF DEVELOP GUIDELINES FOR THE RECRUITMENT OF A PRESIDING JUDGE;AND THAT JUDGE BEAN BE REQUESTED TO BE IN ATTENDANCE OF THE SECOND MEETING IN SEPTEMBER."She asked if the Council would also like Judge Bean to be present for any executive sessions they may have. Councilmen Perkins and Cox agreed on that. The Council proceeded with the vote. VOTE:Unanimous. The motion carried. OLD BUSINESS None. Mayor Perkins recessed the meeting at 8:05 p.m.She reconvened the meeting at 8:20 p.m. NEW BUSINESS REAPPOINTMENT OF MEMBERS TO VARIOUS BOARDS AND COMMISSIONS )City Manager Mike Lee briefed the Council on this item. Councilman Coleman MOVED THAT REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 8 OF 14 GIL VERLEY,TOM KELLEY-DEVANEY,AND EDWARD T.NAMSICK BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT JAMES PFEIFER AND GEORGE D.GRAHAM BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT ROBERT ALGER BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT LOIS BROMAN AND GARY MULHOLLAND BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,1996:AND THAT ANNE SURRA BE REAPPOINTED TO THE PERSONNEL REVIEW BOARD FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT KEITH STACHAR BE REAPPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT MEL MULHOLLAND BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS FOR A TERM TO EXPIRE JUNE 30,1995:AND THAT KENNETH BLUNTSCHLY AND EDWARD T.NAMSICK BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,1996. Councilman Cox SECONDED THE MOTION. Councilman Coleman thanked those who asked to be reappointed and for volunteering their time to serve the community. VOTE:In favor:Councilman Cox,Councilman Perkins,Councilman Coleman, Councilman Hendricks,Councilwoman Richmond. Opposed:Mayor Perkins. The motion carried. APPOINTMENT OF MEMBERS TO VARIOUS BOARD AND COMMISSIONS )City Manager Mike Lee briefed the Council on this item. Mayor Perkins encouraged the public to fill out a Talent Bank Application for the existing vacancies. Councilman Perkins suggested that the people who submitted a Talent Bank Application and were not selected be contacted and asked if they would like to fill out some of the existing vacancies.He pointed out that the Community Relations Commission was REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 9 OF 14 probably one of the most important boards and invited the public to apply for it. Mayor Perkins stated that she contacted someone who would like to apply for the Community Relations Commission and that she asked Carol Doty if she would find a couple of Chamber members that would like to serve on this board. Councilman Perkins stated that those who applied for a specific board and were not selected were also suitable for some of the vacancies on the other boards. Mayor Perkins stated that the person she contacted for the Community Relations Commission was Jerry Pletcher and asked Mr.Lee Hagner in the audience if he would like to consider applying for that board. Mr.Hagner answered that he would think about it. Councilman Coleman MOVED THAT HOWARD LITTELL BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30, 1996;AND THAT RICHARD MORRISON AND JEAN NAMSICK BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT BONNIE PLETCHER AND JUDY ANN SKIEF BE APPOINTED TO THE PERSONNEL REVIEW BOARD FOR A TERM TO EXPIRE JUNE 30,1995 AND JUNE 30,1996 RESPECTIVELY;AND THAT GEORGE RADIL BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS FOR A TERM TO EXPIRE JUNE 30,1995;AND THAT JAMES BANCROFT AND JENNIE BENNETT BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,1996;AND THAT GRACE HAGNER BE APPOINTED TO THE TRANSPORTATION BOARD FOR A TERM TO EXPIRE JUNE 30,1995;AND THAT RICHARD VAN AND HOWARD LITTELL BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18,1999. Councilwoman Richmond SECONDED THE MOTION. Mayor Perkins asked about Howard Littell being on two boards. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 10 OF 14 Mr.Lee answered that Mr.Littell in fact applied for three boards,that he was appointed to one and asked if he would serve on the Industrial Development Authority which meets infrequently. Mayor Perkins replied that she just wanted to know if there would be a conflict with the meeting times of both boards. VOTE:Unanimous. The motion carried. AMENDMENTS TO PUBLIC SAFETY BUILDING CONTRACTS )City Manager Mike Lee briefed the Council on this item. Councilman Perkins MOVED THAT THE PROGRAM MANAGEMENT AND INTERIOR DESIGN SERVICES FOR THE PUBLIC SAFETY FACILITIES BE REVISED AS OUTLINED IN THE CAPITAL IMPROVEMENTS ASSOCIATES,INC. EXHIBIT 2a AND 2c DATED JULY 10,1993;AND THAT THE ARCHITECTURAL SERVICES BE REVISED AS OUTLINED IN THE ARCHITECTURAL ALLIANCE,INC.EXHIBIT 14.2.2a DATED JULY 8,1993;AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH THE SERVICE PROVIDERS. MOTION. VOTE:Unanimous. The motion carried. CONTRACT FOR CITY ATTORNEY the Council on this item. Councilman Hendricks SECONDED THE )City Clerk Kathy Connelly briefed Councilman Perkins MOVED THAT THIS ITEM BE POSTPONED UNTIL THE FIRST MEETING IN AUGUST (AUGUST 3RD);THAT AN EXECUTIVE SESSION FOR AUGUST 2ND BE SET UP TO REVIEW THE CONTRACT;THAT AN ATTORNEY WELL VERSED IN CONTRACTS AND MUNICIPAL LAW BE PRESENT;AND THAT THE FINANCE DIRECTOR BE AUTHORIZED TO CONTINUE PAYMENT AS PER THE OLD EXISTING CONTRACT ON A PER -MONTH BASIS. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 11 OF 14 REDUCTION OF GENERAL PLAN UPDATE TASK FORCE )Nakagawa briefed the Council on this item.Planning Division Manager Jim Councilman Hendricks MOVED THAT THE GENERAL UPDATE TASK FORCE BE REDUCED FROM 16 TO 14 MEMBERS BY REMOVING MICHAEL BAUGH AND BRUCE NOURSE DUE TO THEIR LACK OF ATTENDANCE. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CITY CONTRACT WITH MAIN STREET,INC. )Asst.City Manager George Hoffman requested that this item be postponed. CouncilmanITEM BE POSTPONED UNTIL MR.HOFFMAN IS READY (AUGUST Perkins MOVED THAT THIS3RD). Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REGIONAL LANDFILL AS A NEW REVENUE SOURCE ) )Councilman Perkins stated that this issue needs to be studied further and have some citizen input.He further commented on the financial problems that the City is facing and the need to look at sources other than tax increases,and property taxes to help fund the bare necessities for this City and its citizens.He explained the possibility of creating revenues through a regional landfill and the high costs that citizens may face if the landfill is relocated along distance away from our community.He stated that the City needed to look for and find a place that can be developed for the regional landfill.He suggested to form a citizens committee to help study this and present it to the public. Councilman Coleman asked i f Councilman Perkins is,asking for authorization to take the concept to the public to determine possible community support. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 12 OF 14 Councilman Perkins agreed on that and added that any results can come back from the siting committee and any input can go back to the siting committee. Councilman Perkins MOVED THAT THE CITY MANAGER APPROVE APPOINTMENTS FOR CREATING A CITIZENS ADVISORY COMMITTEE TO ASSIST IN DEVELOPING AND PRESENTING AN INFORMATIONAL PROGRAM TO DETERMINE IF THERE IS COMMUNITY SUPPORT TO LOCATE A REGIONAL LANDFILL WITHIN AN AREA THAT COULD BE ANNEXED TO THE CITY,AND THAT A FINDING'S REPORT BE PROVIDED TO THE CITY COUNCIL WITHIN A SIX-MONTH TIMEFRAME. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilman Hendricks MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 700 P.M.BE HELD ON MONDAY,AUGUST 2,1993,IN THE COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS RESPECTIVELY,AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,AUGUST 3,1993,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman COx SECONDED THE MOTION. Councilman Coleman.CORRECTED THE MOTION!TO HOLD. THE EXECUTIVE SESSION: AT 5:00 P.M.ON MONDAY,AUGUST 2ND. City Clerk Kathy Connelly reminded the Council that the work session on Monday,August 2nd,would be held at Four Peaks Elementary School in order to accommodate enough public at the public hearing of the Citizen Review Board. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Perkins informed the Council and the public about the Christmas in July event to be held on July 24,1993.She commented favorably on the Library reading program. ADJOURNMENT 8:57 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 13 OF 14 )The meeting adjourned at Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of July 6,1993. ACCEPTED THIS 3RD DAY OF COUNCIL OF THE CITY OF APACHE SIGNED AND ATTESTED TO THIS ATTEST: AUGUST 1993,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 4TH DAY OF AUGUST 1993. KATHLEEN CONNELLY ulty wen( C; 4 :11 JE;,,'ERKINS M or 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 20th day of July,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of July,1993. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 20,1993 PAGE 14 OF 14