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HomeMy WebLinkAbout1993-04-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 6,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 6,1993 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 Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: (Councilman Perkins was absent.) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa William McDaniel,11124 E.Sugar Creek Dr., Apache Junction Judy Hamilton,18016 S.Cooper Rd.,Chandler Barry J.Baldwin,2551 W.Apache Trail,Apache Junction Bob Gray,6413 E.Vernon Ave.,Scottsdale Betty Carothers,4116 E.Broadway,Apache Junction REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 1 OF 21 Reg Warren,575 N.Idaho Rd.,County Complex (vendor's place of business) Frank Kennemur,2945 E.Tepee,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT PARKS AND RECREATION DEPARTMENT'S OPERATING AND PROCEDURES MANUAL,AS RECOMMENDED BY THE PARKS AND RECREATION COMISSION,BE APPROVED;AND THAT THE LICENSE AGREEMENT TO SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,TO OPERATE THE CENTER FOR THE HANDICAPPED,BE APPROVED;AND THAT RESOLUTION NO.93-08,ADOPTING A FAIR HOUSING POLICY,MAKING KNOWN ITS COMMITMENT TO THE PRINCIPLE OF FAIR HOUSING AND DESCRIBING ACTIONS IT SHALL UNDERTAKE TO AFFIRMATIVELY FURTHER FAIR HOUSING,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented proclamations for "Community Development Block Grant Week"and "Fair Housing Month"to John Flumerfelt,Housing and Grants Coordinator. Week." Mayor Damiano presented a proclamation to Elks Lodge No.2349 for "Youth CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee briefed the Council on the financial report. PUBLIC HEARINGS APPLICATION FOR A NEW LIQUOR LICENSE, SERIES 10,SUBMITTED FOR FLASH STOP MARKET REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 2 OF 21 )City Clerk Kathleen Connelly briefed the Council on this item stating this is a standard request for a new license for the Flash Stop Convenience Store. Mayor Damiano opened the public hearing;there being no one wishing to speak,he closed the public hearing. Councilwoman Barker MOVED THAT THE APPLICATION FOR ANEW LIQUOR LICENSE,SERIES 10,SUBMITTED FOR FLASH STOP MARKET,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.858,CITY -INITIATED AMENDMENT TO THE SIGN CODE (PZ-4-92) Nakagawa briefed the Council on this item. hearing. Planning Division Manager Jim Mayor Damiano opened the public Reg Warren,575 N.Idaho Rd.,County Complex (vendor's place of business),addressed the Council regarding the problems with having "A"frame signs and his concern that these signs be enforced fairly. Vice Mayor Eidson asked if the sign code would allow "A"frame signs. Assistant Planner Rudy Esquivias stated that temporary signs would be allowed for general,city-wide public benefit events. Commissioner Gil Verley commented on possible liability and on safety of "A"frame signs. Mr.Lee suggested that the Council adopt this ordinance tonight and look at the "A"frame signs later. City Clerk Kathleen Connelly pointed out this is an 11 -page ordinance and it would cost quite a bit of money to publish it.She recommended that if the Council has any uncertainty about the REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 3 OF 21 adoption of this ordinance,that it be done all at once and that it contain all of the correct amendments. Vice Mayor Eidson asked Mr.Lee if the Council could pass this and then look at the other changes later. Mr.Lee answered yes,if those were additional changes to the sign code. Vice Mayor Eidson replied that he did not mean changes to the sign code but to the building code. Mr.Lee commented that the building code does not take care of the problem that has been brought up.He stated this ordinance does not allow "A"frame signs and the Council wants to find a way to allow them and keep them safe --one idea was to attach them to the ground but then i t is no longer a portable sign but a permanent sign. Vice Mayor Eidson replied that what he meant on his comment was to weigh down the sign on the ground and not to attach it. City Attorney Glenn Gimbut suggested to continue this item but if it has to go again through the Planning and Zoning Commission,it may not be back at the next council meeting. Mr.Lee suggested allowing the Chamber of Commerce to make some comments on this issue. Mayor Damiano invited some of the committee members who were present to speak on this item. Sandra Smith,3575 N.Prospector, stated that she believed that the Council could go forward with this and amend it later.She commented that the procedure to anchor an "A"frame sign should be in the procedures and not in the ordinance. Mr.Gimbut replied that there is more to the sign than just the anchoring such as how big,where i t is supposed to be,how many,etc. Mrs.Smith asked if those specifications had to be in this document. Mr.Gimbut answered yes. Mrs.Smith suggested to pass the ordinance with the amendment.She added that the "A"frame sign issue has been in every single review of the committee and the legality was the only REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 4 OF 21 question they ever had about it.She stated that you cannot enforce,then you should not Mr. has the power to pass this ordinance with an what should the amendment be. that if you have an ordinance have it. Gimbut stated that the Council amendment but the question is Mrs.Smith stated that the committee has never had a problem with "A"frame signs other than the numbers that it could entail and if the Council does not allow the signs,then they would have to address the inability to enforce that because there are a lot of "A"frame signs in the city.If the Council is going to allow them,then take it out of the ordinance and allow the businesses to have them,because you only weaken and ordinance if you can't enforce it. Mr.Gil Verley suggested to include in the ordinance,under the exemptions clause,that "any business in the commercial district is allowed one six -square -foot 'A'frame sign weighted in such a fashion as to not be a public nuisance,located on their own property." He added that this statement would allow the commercial enterprise to have one sign and the only exception would be on property controlled by the City,and that way Mr.Warren would be allowed to have it where he was at. Councilwoman Alger stated that the part that's going to be a problem is where it says "weighted so it is not to be a nuisance"because there is no enforcement ability there. Mr.Gimbut asked Mr.Verley if he had a recommendation on the amount of weight. Mr.Verley answered he would say 10 pounds and not less than that. Councilman Coleman asked if there was an estimate on how many "A"frame signs there will be in town. Mr.Verley answered that probably every other business on Apache Trail and every business that is always looking to have a sign. Councilman Coleman was concerned that if the Council does allow the "An frame signs then every body is going to have unequal size on signs. Councilman Coleman MOVED THAT ORDINANCE NO.858 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 5 OF 21 Councilwoman Barker 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 APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING ARTICLE 21 SIGN CODE IN CASE PZ-4-92;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.858,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Eidson asked if the Council amends the motion with Mr.Verley's recommendation,can the Council look at i t a year from now if there is a problem and reverse this action. Councilman Coleman commented that a year from now the businesses will have some money invested in those signs and then we are going to tell them that there are too many signs and they are not going to have them. Mr.Gimbut stated there is going to be a problem with grandfather rights.He explained that there is an open debate in the law of whether this applies to temporary portable uses but it's a debate that can go either way. Vice Mayor Eidson stated he did not feel there would be a problem with the amendment.He AMENDED THAT ANY BUSINESS IN A COMMERCIAL ZONING DISTRICT MAY HAVE AN "A"FRAME SIGN,A MAXIMUM OF SIX SQUARE FEET IN SIZE,WEIGHTED WITH NOT LESS THAN TEN -POUNDS,AND PLACED ADJACENT TO THEIR BUSINESS ON PRIVATE PROPERTY." Councilman Cox SECONDED THE MOTION. Councilwoman Alger was concerned that if this amendment passed,trailer parks could not use "A"frame signs because they are not known as commercial but as residential,but because they rent spaces they are like a business.She asked if that is something the Council needed to address. Vice Mayor Eidson replied that there are many trailer parks that have the signs now. Councilman Coleman stated that was the problem with the amendment. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 6 OF 21 Councilwoman Alger stated she did not mind if trailer parks have the "A"frame signs if this is going to be allowed for all businesses and she asked if the Council could include that the signs also be used by RV and trailer parks. for RV and trailer parks. residential. Mr.Gimbut asked what is the zoning Councilwoman Alger answered i t is Mr.Lee suggested to say that any business regardless of the zoning district could have them. Ms.Connelly pointed out that there are also in-house businesses and she asked if the Council is going to allow the "A"frame signs throughout residential subdivisions of the city. Councilwoman Alger stated that "A" frame signs are very informative when they are set outside mobile homes parks but at the same time they are illegal,and if the Council is going to allow them for the business community she would like to allow them for mobile home parks too. Mayor Damiano commented that the mobile home parks use the signs temporarily and he did not see any problem with that because a temporary sign is to be there only for a few days. Councilman Cox commented that those temporary signs are set on the right-of-way. Mayor Damiano asked the public works director how many feet are from the street to the wall of mobile home parks. Public Works Director Rich Broman explained that depending on the right-of-way it could be 13 feet or 16 feet, depending on the kind of improvements. Mr.Gimbut stated that there are different kinds of businesses that fall within this category,such as places for RVs,trailers,park models,and there is also Roadhaven which is none of those,i t is a subdivision but i t looks like and operates like one of them. He stated they needed to come up with appropriate descriptions that encompasses this particular class of business. Vice Mayor Eidson stated that he would go ahead with the amendment and see where it goes. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 7 OF 21 AMENDMENT VOTE:In favor:Vice Mayor Eidson,Councilman Cox,Councilwoman Alger,Mayor Damiano. Opposed:Councilman Coleman,Councilwoman Barker. The amendment carried. MAIN VOTE:Unanimous. Planning Division Manager Jim Nakagawa clarified that this action excludes mobile home and RV parks from being able to have "A"frame signs. Mayor Damiano recessed the meeting at 8:09 p.m.He reconvened the meeting at 8:18 p.m. REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF-TRACK WAGERING FACILITY AT THE WINCHESTER RESTAURANT ) )City Clerk Kathleen Connelly briefed the Council on this item stating that according to State Law an off- track wagering facility has to receive annual approval from the local governing body;that unlike the liquor license,an application for off-track wagering cannot be approved by the Arizona Department of Racing without the local jurisdiction's approval.She stated this is the first renewal request for the Winchester Restaurant. hearing. Mayor Damiano opened the public Betty Carothers,4116 E.Broadway Ave.,stated that besides herself there are a lot of other people who are residents of Apache Junction and who work at the dog track;that the simultaneous operation of the horse races by Turf Paradise has cut down on the dog track operations.She explained that Greyhound Park had gone from 32 tellers to 13. Mayor Damiano asked what are the hours when the dog track and the off-track wagering facility operate. Mrs.Carothers answered that the horse track starts at 1:00 p.m.and the dog track at 2:00 p.m. Bob Gray,6413 E.Vernon Ave.in Scottsdale,operator of the racing dog kennels in Apache Junction,stated that the tele-track in horse racing at the Winchester Restaurant has cut their revenues down by 34%,which has direct result in the effect of the local economy.He further explained the operation of the dog track and its decrease. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 8 OF 21 Councilman Coleman asked if the Turf Paradise operation hired the tellers the dog track lost. Mr.Gray answered he could not say that exactly but that a satellite facility has a very limited number of tellers. Councilman Coleman stated that Mr. Gray is basically asking for a monopoly. Mr.Gray explained that Apache Junction is the only area where simultaneous casting of horses and dogs are competing at the same time;that in Phoenix the horse track operates during the day and the dog track at night,but in this particular instance they are about two miles apart and that is why it is taking a cut off the money that was going to the dog racing. Councilman Coleman stated that we can't say that you can bet on dogs but not on horses. Mr.Gray replied that his point is that you can't do both and have them survive;that the issue is whether or not the live racing is going to put enough money in the economy that it is worth saving or not. Councilman Coleman asked if the dog track operates in the day time and at night. Mr.Gray answered that they operate during the day five days a week and at night on Mondays;so,they compete with Turf Paradise five days a week on the matinee schedule. Councilman Coleman asked if that could be adjusted so that they don't compete at the same time. Barry Baldwin,Manager of Apache Greyhound Park,2551 W.Apache Trail,spoke against renewal of the off-track wagering facility.He stated that State Law does not permit the racing of live greyhound and live horse racing at the same time in Maricopa.He explained that in Apache Junction they cater to the winter visitors and that is why they do it primarily in the afternoon.He further explained the economic impact of both the greyhound racing and the off-track betting stating that the Greyhound contributes four -and -half cents for every dollar in state taxes compared to the one cent paid by the off-track betting. Councilman Coleman asked Mr.Baldwin if he said that off-track wagering is not required to do the charity days as is required of the Greyhound Park. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 9 OF 21 Mr.Baldwin answered that charity days are part of the Greyhound live racing license. Vice Mayor Edison commented that when the Council first approved this license last year,there was nobody from Greyhound Park to bring these points to the Council's attention,and the best time to stop something is before it starts. Councilwoman Alger asked if the Racing Commission rules over dog and horse racing. Mr.Baldwin answered yes. Councilwoman Alger stated that she did not understand why the Racing Commission would allow the off-track betting an the live racing to go on at the same time. understand that either. Mr.Baldwin replied he did not Ms.Connelly explained that in State Law,as part of Title 5,the distinction is based upon the population of the county in which the facility is located;so,Maricopa County with a higher population has different rules and regulations as opposed to Pinal County. Mayor Damiano asked if the Racing Commission said last year that if the Greyhound dropped off in business,then the wagering facility would not be allowed to come back in. Mr.Baldwin answered that he also thought this was a conditional permit but he found out i t is not. Ms.Connelly stated that she was at the Racing Commission's hearing last year and the direction given to the commission's staff was that prior to this renewal they develop some kind of research that would or would not show the impact on Apache Junction Greyhound Park,but they did not say it was a conditional license. Judy Hamilton,18016 S.Cooper Rd. in Chandler,representative of Turf Paradise Race Course,stated that they are asking for the Council to grant the approval and then it goes before the Racing Commission and it is up to them to grant the final approval.She added that they have abided by all the rules set forth by the Council,therefore they are back for the renewal for the following year.She explained that the economy has been hurting everywhere and it's not a valid point to bring up here. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 10 OF 21 Councilwoman Barker asked Ms. Hamilton how much money the City has gained from the Winchester operation in sales tax. Ms.Hamilton answered she did not know. Vice Mayor Eidson commented that i f this is going to the Racing Commission for final approval,these people could present their arguments there too. William McDaniel,11124 E.Sugar Creek Dr.,owner of the Winchester,stated that the off-track wagering has increased his allowance by about 50% over last year at this time and it helps him survive in the summer;that it should be the people's choice whether they want to bet on horses or dogs;that the Winchester Restaurant has been a very small dent in the Greyhound's gains decline;and that the Winchester has only two employees,so they have not taken tellers away from the Greyhound. Vice Mayor Eidson commented that when the Council gave their recommendation on this application at first,a lot of money must have been spent to get things moving at the Winchester. Mr.McDaniel replied that he had to put some money up front for things needed for the off-track wagering.He added that the Racing Commission has been in to check things and they have been in compliance with the law. Councilman Coleman asked if anybody thought last year that the dog track might be interested in knowing that this item was on the council agenda. Mr.Baldwin answered that nobody did because of the fact that the Racing Commission does not allow dog and horse racing to be conducted at the same time,so they did not suspect that this could happen in Apache Junction. Councilwoman Barker commented that last year many of Council members were not aware that this item was on the agenda until they picked up their packets;then it was mentioned that this was going to bring more revenues into the city and that is why she wanted to know how much money the parimutuel betting had contributed to the City. Mr.McDaniel answered that he did not have those figures with him at this time but his main business is the restaurant. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 11 OF 21 Councilwoman Alger asked if the Council did not receive a letter from Greyhound last year addressing this issue. Councilwoman Barker answered it happened after the meeting. Mr.Baldwin confirmed that the letter was sent after the Council approval. Councilwoman Alger asked if they were able to go to the Racing Commission hearing. Mr.Baldwin answered yes. Councilman Coleman asked if the Council was supposed to just look at the application and if there have been any problems with it. Ms.Connelly explained that,unlike a liquor license where the Council has to look at things such as zoning,in this case it would be whatever the Council desires to do,however the commission cannot approve this license over the Council's disapproval. Mrs.Hamilton stated that i t is legal by State Law for Turf Paradise to operate in Apache Junction so the Council is not in violation by allowing them to be here. Mr.Gimbut replied it is correct that the license is legal,but the issues presented to the Council tonight have nothing to do with whether the license is legal or not. Daniel Luciano,12385 S.38th Street in Phoenix,from the Phoenix Greyhound,stated that the amount that Turf Paradise is handling in Apache Junction is minuscule compared to that of the greyhound racing,and that the amount of money lost by Greyhound is far greater than the amount the State is gaining from off-track betting in Apache Junction. Frank Kennemur,2945 E.Tepee, stated that the decline in the economy is happening all over the State and he mentioned there are other people who own race horses that are having problems with their revenues because people don't gamble as much as they did before due to the tightening of the dollar.He commented that if the Council does not allow the off-track betting at the Winchester,they will go right outside the city limits and set it there and the City will lose another revenue. Mayor Damiano closed the public hearing. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 12 OF 21 Councilwoman Alger MOVED THAT THE REQUEST FOR RENEWAL OF THE OFF-TRACK WAGERING FACILITY AT THE WINCHESTER RESTAURANT,SUBMITTED BY TURF PARADISE RACE COURSE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION.She stated that they have not proven to be a bad businessman in our community and the Racing Commission will have the facts and figures on both sides in front of them. Councilman Cox SECONDED THE MOTION. VOTE:In favor:Councilman Cox,Councilman Coleman,Vice Mayor Eidson, Councilwoman Alger. Opposed:Councilwoman Barker,Mayor Damiano. The motion carried. ORDINANCE NO.859:SPEED LIMIT ON LOST DUTCHMAN BOULEVARD )City Engineer Gordon Grandy briefed the Council on this item stating that this is to lower the speed limit on Lost Dutchman Blvd.from 40 MPH to 25 MPH. hearing. spoke in favor of the lower speed limit. Mayor Damiano opened the public Kay Fisher,5290 E.Southern Ave., Mayor Damiano closed the public hearing there being no one else wishing to speak. Vice Mayor. Eidson asked where would the 25 MPH begin. Mr.Grandy answered that it would be from SR 88 easterly toward the city limits. Councilwoman Alger MOVED THAT ORDINANCE NO.859 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 13 OF 21 City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING THE SPEED LIMIT ON LOCAL AND COLLECTOR STREETS; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Councilwoman Alger MOVED THAT ORDINANCE NO.859,AS READ BY THE CITY CLERK,BE READ AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS PERSONNEL POLICIES:DISCIPLINARY AND APPEAL PROCEDURES )Assistant City Manager George Hoffman briefed the Council on this item. Councilwoman Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DISCIPLINARY AND APPEAL PROCEDURES OF THE PERSONNEL POLICIES:THAT THE STAFF RESEARCH THE EXTENT TO WHICH THE CITY MANAGER HAS AUTHORITY TO TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES IN POSITIONS SUBORDINATE TO THE JUDGE;AND THAT STAFF PROVIDE PROPOSED QUALIFICATIONS FOR A HEARING OFFICER AND A PROPOSED PROCESS FOR SELECTING THAT HEARING OFFICER WITH THE OBJECTIVE THAT THIS HEARING OFFICER WILL BE PROFESSIONAL,COMPETENT AND IMPARTIAL;AND THAT THE CITY COUNCIL FINDS THE BASIC CONCEPTS AND PROCESSES AS OUTLINED IN RULES 20,21,AND 22 TO BE APPROPRIATE,AND THAT THE STAFF PROCEED WITH REFINING THE LANGUAGE,RECEIVING EMPLOYEE COMMENT AND SUBMITTING THESE COMMENTS FOR LEGAL COUNSEL FOR REVIEW;AND THAT THE POLICIES PROVIDE A PROCESS WHEREIN AN EMPLOYEE CAN HAVE REVIEWS BEFORE THE HEARING OFFICER AND THE PERSONNEL BOARD WHICH ARE PRIVATE,UNLESS THE EMPLOYEE ASKS FOR A PUBLIC HEARING,AND THAT SUCH POLICY EXPLICITLY STATE THAT ANY PROVISIONS FOR PRIVACY MUST BE CONSISTENT WITH THE STATE'S OPEN MEETING LAW;AND THAT STAFF AFFIRM WITH LEGAL COUNSEL THAT IT IS APPROPRIATE FOR THE PERSONNEL BOARD TO REHEAR CASES. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 14 OF 21 Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPOINTMENT OF MEMBERS TO GENERAL PLAN TASK FORCE COMMITTEE )City Manager Mike Lee briefed the Council on this item stating that based on discussion at the work session, there was some interest in enlarging the size of the committee to seventeen members. Councilwoman Barker asked for more information since she did not attend the work session. Mr.Lee stated that they discussed having the seventeen applicants in the committee. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING APPOINTMENT OF MEMBERS TO THE GENERAL PLAN UPDATE TASK FORCE COMMITTEE WHICH INCLUDES AN INTENT IN PURPOSE FROM THE CITY COUNCIL: THAT ALL OF THE PERSONS WHO HAVE APPLIED TO THIS DATE --SEVENTEEN IN NUMBER -- BE ASKED TO SERVE ON THIS COMMITTEE,AND THAT THE PRIMARY PURPOSE OF THIS TASK FORCE SHALL BE TO OBTAIN DETAILED CITIZEN INPUT CONCERNING THEIR DESIRES AND VISION FOR OUR COMMUNITY. Mayor Damiano read the names of the appointees:Paul Connolly,Penny Secor,Pamela Ballantine,Patricia Meyers, Glenn Allen,Bruce Noarse,Michael Baugh,Geneva Panasewics,Mary Shipman, Maurice Metzger,Frank Kennemur,and William Lewis.County residents:Mary Ann Coyne,William Laird,Niel Houck,Robert Melore,and Priscilla Wright. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS RESOLUTION NO.93-09,REMOVING TITLE 9 (AUTHORIZATION)ISSUE FROM MAY 18, 1993 BALLOT REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 15 OF 21 )City Manager Mike Lee briefed the Council on this item stating that he was concerned that there was not enough time to well inform the public on this issue before the general election.He suggested to reschedule it for a later date --September or October--and allow sufficient time for a good education program on the issue to the citizens of Apache Junction. Councilwoman Alger agreed with Mr. Lee.She MOVED THAT RESOLUTION NO.93-09,REPEALING RESOLUTION NO.93-03 AND REMOVING THE QUESTION CONCERNING AUTHORITY FOR THE CITY OF APACHE JUNCTION TO CONSTRUCT,PURCHASE,ACQUIRE OR LEASE ANY PLANT OR PROPERTY OR PORTION THEREOF DEVOTED TO THE BUSINESS OF OR SERVICES RENDERED BY A WATER SYSTEM TO ENABLE THE CITY TO ENGAGE IN THE BUSINESS OF OWNING OR OPERATING A WATER SYSTEM FROM THE BALLOT FOR THE ELECTION OF THE CITY OF APACHE JUNCTION OF MAY 18,1993; AND DECLARING AN EMERGENCY,BE APPROVED. Councilman Cox SECONDED THE MOTION. Vice Mayor Eidson asked for an specific time to bring back this issue before the Council so that they can decide timely prior to the election. City Clerk Kathy Connelly replied the advertising time on a utility election the time is 30 days prior to the election. Vice Mayor Eidson suggested to bring this issue back in July to set the election for September or October. Ms.Connelly agreed that was a good timing. Mr.Lee suggested to even do it earlier than July so that we don't run short on time. Councilwoman Alger asked i f regardless of the time that the Council wants this back,can staff start planning an educational program and possibly bring it back to the Council at that time also. a senate bill now going through City can have its elections;i f dates,we would be told when we soon might be pointless. Ms.Connelly commented that there is the Legislature that might impact when the they decide to adopt consolidation of election can have our elections;so to do anything too The Council proceeded with the vote. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 16 OF 21 The motion carried. RESOLUTION NO.93-07:NOTICE OF MAY 18, 1993 GENERAL ELECTION )City Clerk Kathy Connelly briefed the Council on this item stating that this ordinance contained a measure asking'voter authorization for the City to engage in the utility business which was included after the resolution mandating that the question be inAhe ballot;but in light of the Council's action to remove it,now they need to delete that reference from this resolution.She informed the Council that double election boards at certain polling places will not be necessary at the general election and it will reduce the cost by about $300. Councilwoman Alger MOVED THAT RESOLUTION NO.93-07,PROVIDING NOTICE OF THE REGULAR GENERAL ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN;AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION,BE APPROVED WITH THE DELETION OF ANY REFERENCE TO THE AUTHORIZATION FOR WATER UTILITY BUSINESS. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DEFERRED COMPENSATION PROGRAM )Assistant City Manager George Hoffman briefed the Council on this item stating that the implementation of the deferred compensation program would allow the City to provide an additional benefit for employees at a minimum cost to the organization;if the City Council grants permission he will issue a Request for Proposals from plan providers and bring back recommendations for potential plan providers.He further explained the deferred compensation program. Councilwoman Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DEFERRED COMPENSATION PROGRAM,THAT STAFF GO AHEAD AND SET UP WHAT THEY NEED TO AND BRING IT BACK TO THE COUNCIL. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PHASE I OF A SECURITY SYSTEM FOR THE MAGISTRATE COURT AND AUTHORIZATION FOR REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 17 OF 21 USE OF CONTINGENCY FUNDS )City Manager Mike Lee requested that this item be postponed.He explained that unclear information on the sales tax may put the City over the $10,000 limit. Councilwoman Barker MOVED THAT THE COUNCIL POSTPONE THIS ITEM UNTIL SUCH TIME AS THE CITY MANAGER CAN BRING IT BACK IN WHATEVER FORM IT NEEDS TO BE. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS APPLICATION FOR ECONOMIC STIMULUS/ SUPPLEMENTAL APPROPRIATION PROGRAM (ESSA)THROUGH CDBG )Housing and Grants Coordinator John Flumerfelt briefed the Council on this item stating that there are several programs that this money might be directed to.He stated that to date,the Legislature has not made any recommendations on this funding but at this point we should try and position ourselves at best so that if this money becomes available,we can make a credible application to benefit our own community.He further explained how this grant could be developed which included street improvements in areas of low -moderate income population. City Manager Mike Lee mentioned that since this is :a jobs creation program,the street improvement work would be contracted out and not be done in house. Mr.Flumerfelt stated that at this point,the service area needs to be established and it is going to require an income survey on those streets specifically. Mr.Lee stated that if Congress approves it,it appears that about $1.2 million would be available in Pinal County. Mr.Flumerfelt added that Gila County is also included and that this has to go through CAAG. Mr.Lee added that there would be other communities involved such as Casa Grande who is applying for about five different projects. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 18 OF 21 Mr.Flumerfelt stated that right now we are just trying to see how best we can be competitive at CAAG. Councilwoman Alger MOVED THAT THE COUNCIL GIVE DIRECTION TO STAFF TO GO AHEAD AND WORK WITH THE ECONOMIC STIMULUS/SUPPLEMENT APPROPRIATION PROGRAM THROUGH THE CDBG AS THEY HAVE BEEN. Councilman Cox SECONDED THE MOTION. 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,APRIL 19,1993 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,APRIL 20,1993 IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT A SPECIAL EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON MONDAY,APRIL 12, 1993.Councilwoman Barker asked the Council to be excused from this meeting. City Clerk Kathleen Connelly stated that the date is at the discretion of the Council. Councilwoman Alger SECONDED THE MOTION. Councilwoman Barker stated that she would attend the executive session if it can be any other day but Monday.She AMENDED THE ORIGINAL MOTION THAT THE EXECUTIVE SESSION BE ON TUESDAY,APRIL 13. Councilwoman Alger AGREED WITH THE AMENDMENT. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilwoman Barker announced Mayor Tom's birthday. ADJOURNMENT )Mayor Damiano adjourned the meeting at 9:40 p.m. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 19 OF 21 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of March 2,1993. 3.Acceptance of the Minutes of the Regular Meeting of March 16,1993. 4.Approval of Parks and Recreation Department's Operating and Procedures Manual. 5.Approval of License Agreement to Superstition Mountain Mental Health Center,Inc.to operate the Center for the Handicapped. 6.Approval of Resolution No.93-08,recognizing April as Fair Housing Month and affirming the City's belief in the Fair Housing Act of 1968. ACCEPTED THIS 20TH DAY OF APRIL ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL ,1993. THOMAS DAMIANOHOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 20 OF 21 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 April,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of April,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 6,1993 PAGE 21 OF 21