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HomeMy WebLinkAbout1993-01-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 19,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 19,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Lieutenant Dan Scott City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Charles Salakin,677 N.Cactus Rd.,Apache Junction Penni Wallace,1303 E.18th Ave.,Apache Junction Penny Secor,198 S.Thunderbird,Apache Junction Bonnie Pletcher,400 W.23rd Ave.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 1 OF 17 Nora Dorstewitz,274 S.Ocotillo Dr.,Apache Junction Marian Dugger,324 S.Ocotillo Dr.,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT MR.STEVE QUEST BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,1994. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Bonnie Pletcher,400 W.23rd Ave.,addressed the Council stating that the newspaper dumpsters at the ABCO plaza are not being maintained.She asked.the Council if something could be done about it. Mrs.Marian Dugger,324 S.Ocotillo Dr.,addressed the Council stating that a draining ditch that is supposedly part of her property has flooded twice in the last year and this last time was worse than before.She asked the Council if something could be done about it. Mrs.Nora Dorstewitz,274 S. Ocotillo Dr.,addressed the Council stating that she has the same problem as Mrs.Dugger and explained that her property also got flooded and the street was also totally flooded.She asked the Council if they can get some help from the City. CITY MANAGER'S REPORT City Manager Mike Lee reported on the remodeling in the Building Division and explained it will be more accommodating to the public;that also some other offices are being relocated. Mr.Lee gave a financial report stating that our sales tax collections are ahead of this time last year and if this trend continues,we will receive REGULAR MEETING OF THE CITY COUNCIL JANUARY 19;1993 PAGE 2:0F:17 an additional $130,000 dollars over projections;state sales tax and state revenue sharing could result in an additional $59,000;vehicle license plates are ahead in collections and we could see an additional $45,000 by the end of the fiscal year;the business license revenue is about what was projected; building fees are up about $45,000 dollars over what was budgeted;the animal control,recreation,and library fees are what was expected;magistrate court fines are unusually down and if this continues,we will be about $42,000 less than estimated;the highway user revenues are on target;and county half -cent sales tax are on target. Mr.Lee also gave a report on the City investments according to the Director of Finance report. Mr.Lee reported on the flooding the city has experienced.He stated that beyond the normal working hours the Operations Division was called by the Police Department for flooding problems eight times in the past fourteen days; which resulted in 128 man hours as overtime;that Operations received assistance from Parks and Recreation and Engineering resulting in 148 and 45 man hours,respectively,as overtime.He stated that Operations spent 1,144 regular hours on clean-up of the sand,debris and other flood damage;in total hours of flood -related items is 1,465 man hours;that damage to the pavement was not bad but potholes due to the water was substantial and have been repaired but further clean-up needs to be done;and that 40 to 50 cars were pulled out of washes. PUBLIC HEARINGS SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY A.J.CHAMBER OF COMMERCE FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the Council on this issue stating this is a routine request and introduced Mr.Greer to speak on behalf of the Chamber of Commerce. Mr.Jim Greer,2545 S.Winchester, stated that they will sell only beer at the event and at the rodeo grounds. Vice Mayor Eidson stated he was glad to hear that they will only sell beer. Mayor Damiano opened the hearing to the public.There being no one wishing to speak on this item,he closed the public hearing. Councilwoman Barker MOVED THAT THE SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE CHAMBER OF COMMERCE FOR THE 1993 LOST DUTCHMAN DAYS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 3 OF 17 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.828,AMENDING THE CITY OF APACHE JUNCTION,ARIZONA TOWING SERVICES POLICY )Chief McDaniel briefed the Council on this issue stating they requested from other. cities such as Globe, Mesa,and Phoenix the number of towing companies they have on their list. Mayor Damiano opened the hearing to the public. Penny Secor,198 S.Thunderbird, owner of Action Towing,addressed the Council stating that her company is one of the two on the rotation list;she handed written information to the Council and stated she did not believe there is a need for another towing company. She stated that the information was statistics from Action Towing. Councilwoman Barker asked if the police tows in the information were Apache Junction only. Mrs.Secor answered they are A.J. only. are certified with DPS in Pinal County. Councilwoman Barker asked if they Mrs.Secor answered yes. Councilwoman Barker asked if they also tow vehicles from place A to place B or to a garage. Mrs.Secor answered that is correct. Vice Mayor Eidson asked if the opening of the freeway has had an effect on them. Mrs.Secor answered it is taking a lot of the local traffic off and they feel that the number of accidents in the city has gone down. Councilwoman Barker asked for clarification on the accidents rate reported from the Police Department. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 4 OF 17 Chief McDaniel clarified the police report is about injury rates which have gone up,but the accident rate has gone down. Penni Wallace,1303 E.18th Ave., addressed the Council emphasizing that the issue here is the service that is in fact provided to the citizens of Apache Junction,which is the concern of this Council as she understands it.She pointed out that the population has increased since 1987 and it is not a probable thing to remove another service from the people of Apache Junction when it doesn't even cost the city a dime to provide that service.She stated the City provides this service by having a rotation list and the City is not responsible for maintaining the business efforts of any particular business in the city.She questioned why this ordinance has been tabled since March of 1992 and why the presentation to the Council was delayed;why certain applications will or will not be accepted and explained that the city needs a backup.Mrs.Wallace asked that in the event this ordinance passes,where will the applicants that applied prior to the presentation of this ordinance lie in the realm of things. Mrs.Wallace also stated she owns a towing company in Apache Junction;that they moved in August of 1992,and she mentioned a letter they received from the City welcoming their business. She stated the City is responsible for creating a field that is conducive to the success of businesses but not for the success of the individual businesses;and that the City is responsible that the service for the people is met.She asked the Council to delay the vote on this ordinance until they get an impartial legal judgement as to whether or not this is even an issue that should be discussed by the City Council or if this is constitutionally an issue with the City Council. Mrs.Jean Perkins,616 N.Cactus, addressed the Council stating that competition in any business is good and she does not believe in a monopoly which we seem to have with only two towing companies;that it could amount to price fixing;and she urged the Council not to go with this ordinance,to look to competition and bringing more business to our city. Mayor Damiano closed the hearing to the public since there was no one else wishing to address the City Council. Councilwoman Barker asked to discuss this issue.The Council clarified a point of order with the city attorney and proceeded with discussion. Councilwoman Barker stated she requested Assistant City Manager George Hoffman to check on a couple of cities to see their requirements.She stated she too saw the possibility of a monopoly because this ordinance went into effect in 1987 with one company only and later a second company joined it,but because we don't go for a bid and if REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 5 OF 17 we just keep increasing the population number so that there is only room for these two companies,it appears that these will be on the list indefinitely. Councilwoman Barker also suggested to go for bidding and allow those people who have an interest in being on this list to be involved.She also suggested an alternate company in the case that the primary carriers are both not available at a time. Vice Mayor Eidson agreed with Councilwoman Barker's second suggestion of having an alternate company for backup. City Attorney Glenn Gimbut replied there are many objective standards that the Chief of Police uses to decide what should be on the list.The ability to respond on time,proper equipment, and track record of quality service are just some of the factors to go through,but he does not know all of the standards that Bill McDaniel sets in deciding who is on the list.He stated that the Council delegated the Chief of Police to decide on that;his department is responsible for making sure that traffic accidents and the like are properly responded to and promptly handled and of the services in fact provided;therefore,it is only appropriate to delegate that to the Chief for his discretion. Councilwoman Barker replied that we have two people who are already on the list and another who has applied but the specifications have not been made. Chief McDaniel replied that one of the things is that the towing company has to establish a yard in Apache Junction to keep the vehicles so the public can come here and retrieve them when they need them,and the local companies meet that criteria. Vice Mayor Eidson asked Chief McDaniel if they ever had a circumstance where they needed to call a standby for the two existing companies. Chief McDaniel answered he did not know. Councilwoman Alger asked Chief McDaniel if there were companies previously on the list with which they had difficulties in getting the proper service. Chief McDaniel answered they had some in the past. Councilwoman Alger asked if it is easier for his department to keep the number down in towing companies or if it doesn't make any difference. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 1993 PAGE 6 :OF 17 Chief McDaniel answered it is easier to keep the number down. Councilwoman Alger asked if the price for a police tow is the same for any other towing charge. Chief McDaniel answered yes. Councilwoman Alger stated she has the impression that maybe people don't understand that the only time these towing companies are used is if police officers have to have a vehicle towed; that the city doesn't call to have cars pulled out of washes. Chief McDaniel replied that a lot of the vehicles that were pulled out of washes were done by city equipment and that very few times the companies were called for that service. Councilwoman Barker asked what is the charge for a city tow. Mrs.Secor answered it is $60.00 and that is also for DPS. Councilwoman Barker asked Mrs. Wallace how much they charge in Apache Junction. Mrs.Wallace answered that within the city limits the charge is $25.00 call -out plus $2.00 per mile within the city limits;after dark it is $35.00. Councilwoman Barker stated if in other words Mrs.Secor is saying that the city tow is $60 and no mileage is charged. Mrs.Secor replied they charge $25.00 per call and $2.00 per mile and $35.00 within the city limits and explained that for a police tow the amount that is charged is because they are required to have a certain insurance policy that they have to pay so much a year. Councilwoman Barker replied that was not the point;that Councilwoman Alger asked Chief McDaniel if a city tow and another tow were the same cost and she was simply trying to refute that. Mayor Damian°informed the Council about a list of cities and their population,and the number of towing companies they use.He asked the Council if they wanted to consider that in making a decision or if they wished to postpone their decision as Mrs.Wallace suggested. REGULAR. MEETING,OF THE CITY COUNCIL JANUARY 19,1993 PAGE 7 OF Councilman Perkins MOVED THAT ORDINANCE NO.828 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE CITY OF APACHE JUNCTION,ARIZONA,TOWING SERVICE POLICIES,PAGE 7,NUMBER OF LIST COMPANIES,FROM APPROXIMATELY ONE LIST COMPANY FOR EACH 5,000 POPULATION TO APPROXIMATELY ONE LIST COMPANY FOR EACH 10,000 POPULATION;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY." Councilman Perkins MOVED THAT ORDINANCE NO.828 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilwoman Alger SECONDED THE MOTION. Councilwoman Barker AMENDED THE MOTION TO BE ONE LIST COMPANY FOR EVERY 10,000 PLUS ONE BACKUP COMPANY TO BE USED IN TIMES OF EMERGENCIES AND WHEN THE OTHERS AREN'T AVAILABLE. Councilman Coleman SECONDED THE AMENDMENT. VOTE ON THE AMENDMENT:Unanimous. MAIN VOTE:Unanimous. Mayor Damiano recessed the meeting at 8:02 p.m.He reconvened the meeting at 8:18 p.m. OLD BUSINESS None. NEW BUSINESS PUBLIC SAFETY/MUNICIPAL FACILITIES )City Manager Mike Lee briefed the Council stating that some concerns have been expressed regarding the size of REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 8 OF 17 the building.He introduced Mr.Ab Hameed with Capital Improvements Associates to give a presentation on what is being proposed. Mr.Hameed stated that the total building is 21,328 square feet in size and the usable area for offices and functions is 18,515 square feet;that is comprised of 16,259 square feet for police administration and operational functions;and 2,256 square feet for the municipal offices such as the city attorney and secretary,and alcohol treatment program.He also mentioned a training room,a multipurpose room and storage.He stated these are conceptual figures only,and after the Council approves the square footage,some of the rooms are going to change in shape and size but that the square footage is not going to increase very much. Mayor Damiano asked Mr.Hameed to explain the difference between the gross and the net square footage. Mr.Hameed explained that the gross square feet is the actual size of the building and the net square feet is the usable area that is left after the interior structures like corridors, stairways,etc.take some of the circulation space. Mr.Lee stated that previously,when the building was discussed and the Council agreed on the 24,000 square feet, the indication from the police department through the needs assessment as to what the minimum size should be in order to meet certification requirements, avoid liability issues,etc.,was 16,000 net square feet;if you take out the multi -use space such as the city attorney's offices,etc.,we are slightly over the minimum size;that previously we were higher but now we are close to the minimum size. Mayor Damiano asked if there is a possibility that the building be built in phases. Mr.Hameed answered there is a possibility but there are a lot of inherent disadvantages in doing that,which is the cost for design and services and construction;it is always better to do it all at one time.He further explained that you end up building more square foot and it costs more in the long term.He stated that phasing is based on funding and in this case we will be below the budget that we had predicted,so it is going to cost less. Mayor Damiano stated he has been asked that question and he has answered like that,but he wanted to hear it from Mr.Hameed and for the public. Vice Mayor Edison stated they made some rooms and offices smaller;that the 16,000 square footage is to accommodate state or federal mandates;that we may not legally have to accommodate that but we as an agency should do it;that all of that space will REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 9 OF 17 be occupied except for a small office;so as we grow in the following ten years,we are going to have to start almost immediately adding up to make the building fit needs as time moves along. Councilman Cox stated that we should not cut it too small;that those who complain as far as expending too much are not paying the bill;so let's plan it so that everybody is comfortable and it will last for more than five or ten years. Mayor Damiano agreed that we should plan for the future. Chief McDaniel invited every one who wants,to come in and tour the present police facilities. Councilman Perkins MOVED THAT THE BUILDING FOOTPRINTS SHOWING A USABLE SQUARE FOOTAGE OF APPROXIMATELY 18,515 SQUARE FEET BE ACCEPTED AND THAT THE CITY MANAGER BE DIRECTED TO AUTHORIZE THE PROGRAM MANAGER TO PROCEED TO DEVELOP DETAILED CONSTRUCTION DRAWINGS. Councilwoman Alger SECONDED THE MOTION. VOTE:In favor:Councilman Perkins,Vice Mayor Eidson,Councilwoman Alger, Councilman Cox,Councilman Coleman,Mayor Damiano. Opposed:Councilwoman Barker. Councilwoman Barker stated that thirteen months ago the Council was asked for 14,000 square foot for a used building and they said yes;that they were asked next for a 6,000 to 8,000 square foot new building and they again said yes;that when they were asked for 24,000 square feet she asked what was the minimum square footage for this building in order to meet state certification,and she was told it was 16,000 square feet;but the Council went ahead with the 24,000.She stated that the Council is back to 21,000 square feet to meet state certification but reducing the size of the building at this time isn't going to save the taxpayer a penny;the bonds are already passed and sold and the money is there;that the time to have exercised care for expending that money was last year. POLICY FOR ROAD IMPROVEMENTS )Public Works Director Rich Broman briefed the Council stating that somebody wants their road paved and they are willing to provide the City with some funds for a portion of the materials. He explained that because people request to have their streets paved we have developed a street improvement program as a guide,but in some cases these roads do not take heavy traffic and there are other higher priority roadways that need to be improved.He stated that since the City does not have a REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 10 OF 17 policy in the case of public funding,an outline was done.He further briefed the Council on this policy. Councilwoman Barker asked if these projects are on this year's list or in next year's list,and the City will be paying at least 50% and if that money will have to come out of another project. Mr.Broman answered ,yes.. Councilwoman Barker commented that we have set up a capital improvement project by year according to priorities and then we are going to bump somebody off it. Mr.Broman replied that those are decisions that need to be made;if we have an opportunity to get half of the cost of that road,that means that something else may have to be deferred in order to move that road up. Councilwoman Barker was concerned about putting off some of the projects that have been prioritized according to traffic,etc. Mr.Braman replied that some projects go over the years and others can't be done because of utility relocations and some other factors. Councilwoman Barker asked if the intent of this policy would be stated in such a manner that roadways that were in the current year's capital improvement plan would not be bumped unless for one of the reasons Mr.Broman stated;so in the future someone could look at it and understand what the intent is;that we would be happy to help them pave their street,but we cannot bump these priority projects in order to do it. Mr.Broman replied that something else to consider is that these types of projects are not going to be big dollar projects;maybe in the range of under $10,000 and there is a lot of flexibility built into the street capital improvement program;that everything is an estimate;if the funds are there,we could do it without compromising the capital improvement program. Councilwoman Barker asked if that is something that will be part of the policy. Mr.Broman replied that the motion can reflect that,but the intent is that we are not going to compromise our major street capital improvement program.He asked the city attorney if he could recommend a policy about that. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE,11 OF 17 City Attorney Glenn Gimbut replied he was not paying close attention. Councilwoman Alger asked if it is one person or a group of people that want the road paved and if it isonly a portion of the road. Mr.Broman answered it is a single individual in this case and the road is a quarter -mile long;that this person owns about half of the property adjacent and about half of the quarter -mile road would be paved. Councilwoman Alger stated she did not think we need to worry about whether we compromise the street plan or not if somebody wants to come in with the money to participate in a project;that we should not discourage it because part of our objective is to get private/ public partnerships;that we should be able to adjust things.She stated that the intent did not need to be there and it is going to have to be discretionary because of the circumstances at the time. Mr.Broman stated this is a "win -win"situation where someone is willing to come forward and participate to accelerate the project;so you are accommodating them by getting something done and at the same time,the public is winning because you are getting another roadway improved,too. Councilwoman Barker stated it is really important to have our intent in everything we do,because if not,then it causes confusion.She agreed that public funds would not compromise the capital improvement plan,but having the intent in there would not cause any harm and that it is important to maintain the integrity of the improvement plan. Councilwoman Alger explained that she would not like to see citizen participation discouraged because of regulations or an intent that would be interpreted as such that we can't change the 5 -year plan. Mr.Gimbut stated that Mr.Broman is trying to find a way that we can take money from an individual to help pave his street without having to go through improvement districts,tax assessments,etc.;that this policy has to do with why we would deviate from our set 5 -year plan;that a street which would normally not have priority would now have priority;that this is uniform policy of criteria which has been prepared carefully by Mr.Broman. Mayor Damiano stated that this policy in a way is good but is also bad.He explained that you have your priorities and tell the people you are going to pave their street at such a REGULAR MEETING .OF THE CITY COUNCIL. JANUARY 194 4993 PAGE 12 OF 17 time;then,because somebody comes in with the money you are going to do his street next week and postpone the others until later.He stated that was not right. Mr.Broman replied it is not going to happen that way.He explained that these will be small projects that can be worked into the plan without compromising the other projects. Councilwoman Barker stated that is why she wanted the intent on the policy,to address those problems. Councilman Perkins pointed out this is a one-time project and a lot a people don't have the money for that;and if it did happen,the Public Works Department will be able to schedule these projects properly. Councilwoman Alger MOVED THAT THE POLICY FOR CONTRIBUTIONS FOR ROAD IMPROVEMENTS DATED JANUARY 11,1993,BE RATIFIED. Vice Mayor Eidson SECONDED THE MOTION. Councilwoman Barker AMENDED THE MOTION THAT IT BE RATIFIED WITH A STATEMENT THAT MAINTAINS THE INTEGRITY OF THE CAPITAL IMPROVEMENT PROGRAM. Councilman Coleman SECONDED THE AMENDMENT. VOTE ON THE AMENDMENT:In favor:Councilwoman Barker,Councilman Coleman, Councilman Cox,Mayor Damiano. Opposed:Councilwoman Alger,Councilman Perkins, Vice Mayor Eidson. The amendment passed. MAIN VOTE:Unanimous. The motion carried. Mayor Damiano noticed that there was a Request to Speak on this item. Mr.Charles Salakin,677 N.Cactus Rd.,addressed the Council stating that twenty-three years ago he tried to get that road paved;that dust is a great health threat and he has offered the City at least $5,000 dollars to have it paved. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 13 OF 17 SUMMARY REPORT ON THE MATERIALS AVAILABILITY SURVEY )Library Director Pam Loui introduced a member of the Friends of the Library who is past president and volunteer at the Library to brief the Council on a recent survey they conducted. Mrs.Ruth Anderson,933 N.Arroyo, briefed the Council on the survey stating that on December 7-13,1992 the Friends of the Library,volunteers and staff conducted the Materials Availability Survey,which was the second survey undertaken with the first one done in November of 1991.She stated that this survey is one of the measures of comprehensiveness,timeliness,and availability listed in the ICMA publication titled "How Effective Are Your Community Services";it is also a measure identified in the American Library Association publication,"Output Measures for Public Libraries,Second Edition" which the Library has used as a resource for much of its data collection efforts since 1987.She further explained how this survey was conducted and briefed the Council on the results. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS AMENDMENT TO GENERAL PLAN )City Attorney Glenn Gimbut briefed the Council stating that in October of 1992 the City Council adopted a temporary policy to suspend the limitation of receiving applications for General Plan amendments on a bi-annual,basis which was adopted by Resolution No.90-38 in 1990.He stated that the temporary suspension was to be until the City could finish the process of a total review of the General Plan which is underway by the Planning Division and the process is a lengthy one which could take one to two years to complete.He suggested that any limitation on the scheduling of request for amendments be deleted in its entirety from the General Plan;by removing any references as to when requests may be undertaken,this will give the Council and staff the flexibility as to how and when to process requested changes without having to go through the formal process of plan amendment every time there is a desire to change an administrative policy in this particular area. Councilwoman Barker commented that the Council had amended the General Plan with the bi-annual amendment applications because there was a perception of haphazardness by amending the plan whenever we felt like it;that the intent was to give staff and the public reasonable time;and the only reason the Council suspended the amendment was because we did not review the General Plan in a timely manner. She mentioned amendment requests from last summer and added that had the plan been reviewed they wouldn't have to come up.She stated she would not like to see the amendment taken off;that a temporary suspension will still allow the Council the opportunity to change it if they felt it is not going to work once REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 14 OF 17 the plan is back in shape;that it could take two years but it is not a problem. Mr.Gimbut replied it is very questionable whether we can legally suspend something that has been formally adopted as part of the General Plan itself;by removing it from the plan you can set a policy that can change any time it wants;right now this is part of the plan and the only way to amend it is by formal procedures that require public hearing,public comment,hearings before the Planning and Zoning Commissions,and recommendations to the City Council for public hearings and adoption.He added that process wasn't done for this temporary policy, therefore there is a question whether this is legal. Councilwoman Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF TO INITIATE AMENDMENT TO THE GENERAL PLAN,TO DELETE PROVISIONS REGARDING PROCEDURES FOR GENERAL PLAN AMENDMENT. Vice Mayor Eidson SECONDED THE MOTION. There was clarification about what were the provisions regarding procedures.The city attorney stated it was the one that deals with bi-annual applications. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,FEBRUARY 1,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,FEBRUARY 2,1993 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilwoman Alger SECONDED THE Mayor Damiano informed the Council that on Friday,January 22,1993 at Williams Air Force Base,the last graduating class of pilots will take place; that on Friday at 2:00 p.m.there will be a dedication of Idaho Road/Highway 88 at the county complex;and on Tuesday,January 26th at 7:30 a.m.at the REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 15 OF 17 Winchester there will be a breakfast of the Apache Junction Clean and Beautiful,Inc. ADJOURNMENT )Mayor Damiano adjourned the meeting at 9:17 p.m. Consent Agenda items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of January 5,1993. 3.Appointment of member to the Planning and Zoning Commission. ACCEPTED THIS 2ND DAY OF FEBRUARY ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF FEBRUARY ,1993. c I THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY Ctty:Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1993 PAGE 16 OF 17 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 19th day of January,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of January,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING1ff THE CITY COUNCIL JANUARY 19, :1993i PAGE 17 OF 17