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HomeMy WebLinkAbout1992-06-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 16,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 16,1992 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 7:10 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger 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 Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Building and Safety Manager Lynn Underwood Parks and Rec.Director Jeff Bell Presiding Judge Corwin Brundrett Judge Grace Villarreal Court Operations Dir.Mercer Weiskotten Mr.Lee Larson,3619 E.Main,Mesa. Ms.Glenna Crockett,1547 W.Roundup,Apache Junction. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 1 OF 16 Mr.David Beasley,1428 W.Greasewood,Apache Junction. Mr.Frazier,1074 N.Gold,Apache Junction. Mr.William Cams,629 E.10th Ave.,Apache Junction. Mr.Gilbert Figueroa,P.O.Box 555,Casa Grande. Mrs.Shirley Camboni,1509 W.Saddle Butte, Apache Junction. Mr.Robert Camboni,1458 E.18th Ave.,Apache Junction. ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACTS WITH RECREATIONAL VEHICLE PARKS FOR CODE ENFORCEMENT;AND THAT NEW APPOINTMENTS AND REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS BE APPROVED AS FOLLOWS: Planning & Zoning Commission:David McClure and Mary Nickel be reappointed for terms to expire June 30,1995; Board of Adjustment:Mari Gardner and Willard Leffler be reappointed for terms to expire June 30,1995; Library Board:Cindy Selvy be reappointed and Jimmy Griffing be appointed for terms to expire June 30,1995; Parks & Recreation Commission:Nicholas McVicker be reappointed for a term to expire June 30,1995; Personnel Review Board:Gary Collins,Virginia Seeman,and Ilene Heller be reappointed for terms to expire June 30,1995; Economic Development Commission:Sandra Smith be reappointed and Tom Kollenborn and Jim Lovett be appointed for terms to expire June 30,1995; Construction Code Board of Appeals:Dallas Dewey and Christina Juck be reappointed for terms to expire June 30,1995; Health & Human Services Commission:Ed Barker be reappointed for a term to expire June 30,1995; Transportation Board:Richard Bushon be reappointed for a term to expire June 30,1992; REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 2 OF 16 Municipal Property Corporation:Eldon Cox and Dale Terry be reappointed for terms to expire June 30,1995;AND THAT RESOLUTION NO.92-14 AUTHORIZING PARTICIPATION IN THE MAIN STREET PROGRAM,BE APPROVED;AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH CAPITAL IMPROVEMENT ASSOCIATES,INC.FOR PROGRAM MANAGEMENT SERVICES AS OUTLINED IN THE PROPOSAL DATED JUNE 1,1992;AND THAT MAYOR DAMIANO BE AUTHORIZED TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF COMMERCE FOR 1992 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS;AND THAT THE USE OF CONTINGENCY FUNDS IN THE AMOUNT OF $60,000 TO COVER ENGINEERING SALARIES WHICH WERE NOT BUDGETED IN GENERAL FUND FOR FY 91-92,BE APPROVED. MOTION. Councilwoman Alger SECONDED THE Councilwoman Barker AMENDED THE MOTION THAT ON ITEM NO.1,FOLLOWING THE WORD "ENFORCEMENT",BE ADDED "IN THE FORM AS SUBMITTED AND THAT THE MANAGER MAY NEGOTIATE AND ENTER INTO CONTRACTS THAT DO NOT MATERIALLY DIFFER FROM THAT FORM";AND THAT UNDER TRANSPORTATION BOARD THE REAPPOINTMENT TERM BE CORRECTED TO JUNE 30,1995. amendment. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC campaigning for the positi support. Ave.,addressed the Counci the Building Division and Appeals. Councilwoman Alger agreed with the Mr.Gilbert Figueroa stated he is on of Pinal County Attorney and asked for public Mr.Robert Camboni,1458 E.18th 1 regarding problems he encountered with staff of the members of the Construction Code Board of REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 3 OF 16 Mr.William Cams,629 E.10th Ave., stated that certain members of the Council,in particular Councilman Perkins, due to their close association with certain staff members who are getting their contract renewed with the City and also having affiliation with the Fire Department,should abstain from any discussion and vote on agenda item 16. CITY MANAGER'S REPORT City Manager Mike Lee announced that the City's summer recreation program had started;that the City of Apache Junction and the Little League will be hosting the 13th Year All Star Tournament on July 22 to July 31;that the Parks and Recreation Department will be using four young people in the Job Training Partnership Act Employment Program for disadvantaged youth;that Lost Dutchman Road between Idaho and SR 88 will be paved on June 11th and 12th;and that ray -binder and chip seal will be done on Baseline Avenue between Ironwood and Tomahawk. PUBLIC HEARINGS PROPOSED RESOLUTION NO.92-09:CREATION OF A PRIVATE ACCESS EASEMENT OR A PUBLIC STREET NEAR THE CORNER OF IRON- WOOD DRIVE AND GREASEWOOD STREET (PA -1-92;LSM 92-001 TYRER) )Planning Division Manager Jim Nakagawa asked the Council to postpone this item to July 7,1992 because backup material was not provided. NO.9 BE POSTPONED UNTIL JULY 7,1992.Councilwoman Barker MOVED THAT ITEM Councilwoman Alger SECONDED THE MOTION. VOTE:In favor:Councilwoman Barker,Councilwoman Alger,Vice Mayor Eidson, Mayor Damiano. Opposed:Councilman Coleman,Councilman Cox,Councilman Perkins. The motion carried. Councilman Perkins asked the names of the people who were there to speak. Councilwoman Barker asked if there was a provision against those people speaking since they were already there. Councilwoman Alger stated the Council doesn't have any material to follow. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 4 OF 16 City Attorney Glenn Gimbut suggested that the people submit their comments in writing. City Clerk Kathy Connelly commented the Council usually has the minutes prepared of the previous meeting,so if the Council wanted these people to speak,they would have their written comments at the next meeting. The Council agreed on that. Ms.Glenna Crocket,1547 W.Roundup, spoke against.She stated her property borders the proposed road,that she has a 6 -foot -high fence about 100 -foot long and a swimming pool that would have to be moved if she had to give up the 25 -foot right-of-way. Mr.David Beasley,1428 W. Greasewood,spoke agaisnt.He stated he lives at the corner of Greasewood and Gold where there is a 3 -way stop sign which people ignore and they drive at high speed creating a lot of dust;that when the City takes the 25 -foot right- of-way there will be mobile homes right next to the property line that will have to be moved;and there is a natural canal that will have to be covered up.He asked who will pay for this and stated that as a tax payer he is opposed to that. PROPOSED RESOLUTION NO.92-13:MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) BOUNDARIES )City Engineer Gordon Grandy stated the purpose of this resolution is to show support to MAG that Apache Junction wishes to remain as part of the metropolitan area,the reason being that the City's surface transportation federal aid funds can therefore be used in the City of Apache Junction.He stated that MAG management was trying to exclude the City from their boundary to eliminate it from using its own federal aid funds in this community.He further explained that based upon the 1990 Census Apache Junction is considered an urban area which was used in the formula calculation to give the Phoenix Metropolitan Area a certain amount of federal aid funds;so,based upon the city's population,federal aid dollars are already designated to the Phoenix area.He stated that what MAG intended to do was,since Apache Junction is a satellite community to the metropolitan area,to include only the entities in Maricopa County for using the federal aid funds. Councilwoman Barker asked if this boundary includes the Air Quality portion. Mr.Grandy replied it does not include that.He stated that MAG has different boundaries for different purposes,which he explained. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 5 OF 16 Vice Mayor Eidson asked how much the federal aid funds were. Mr.Grandy replied that under the new Transportation Act it is $123,000 per year;the City's former allocation was $70,000 per year. Vice Mayor Eidson commented that if the City gets involved too much with anything to do with Maricopa County,he was afraid we would be drawn into Mesa for a vehicle emission inspection. Mr.Grandy stated that was a concern when the City was going through the PM10 Particulate Plan and fortunately the same error that included the City in that plan did not include it in the CO2 and Ozone non -attainment plan. Vice Mayor Eidson asked if this resolution will encourage Maricopa County to include the City in the CO2 non- attaintment area. SO. that. Mr.Grandy replied he did not think City Manager Mike Lee confirmed Councilwoman Barker MOVED THAT RESOLUTION NO.92-13,SUPPORTING THE INCLUSION OF THE CITY OF APACHE JUNCTION WITHIN THE MARICOPA ASSOCIATION OF GOVERNMENTS DESIGNATED METROPOLITAN AREA BOUNDARIES,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. Councilwoman Alger SECONDED THE PROPOSED ORDINANCE NO.831:AMENDING SECTIONS 4901;301(B)AND 104(E)OF THE UNIFORM BUILDING )Building and Safety Manager Lynn Underwood stated this ordinance will modify certain revisions of the Uniform Building Code that will allow self regulation to occur within certain Recreational Vehicle Parks within the city limits.He stated that the self regulation will occur with contracts between the parks and the city. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 6 OF 16 Councilwoman Barker stated she has received many calls from people who want to know if this will have an impact on a mobile home that is parked on a lot. Mr.Underwood replied this ordinance will not affect a mobile home on a lot;this will only affect a park model inside an RV park. City Attorney Glenn Gimbut clarified that Chapter 49 of the Uniform Building Code will affect everybody;the only difference is that if an RV park signs an agreements with the City,they will not have to get an individual permit;other than the permit requirement,the law will be the same for everybody. Councilman Coleman asked if mobile homes can have 10 -pound per -square -foot awnings. Mr.Underwood replied mobile homes can have that under the auspices of the Office of Manufactured Housing;it is in the City's contract with them that they enforce that.However,a mobile home with an attachment structure may not have a 10 -pound per -square -foot fully habitable room and that is the same for RV parks;and it also remains the same inside RV parks that if the room is fully habitable,that structure will still require a permit from the City.In addition to that,beyond the scope of simply connecting an RV or park model it will require a permit from the City. Mr.Lee Larson,3619 E.Main in Mesa;representative of the Ad Hoc Advisory Committee;addressed the Council regarding the work and cooperation by those involved in reaching this agreement between the City of Apache Junction and the RV industry. Councilwoman Barker MOVED THAT ORDINANCE NO.831 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson 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 CITY CODE CHAPTER 7,BY ADDING SUBSECTIONS 7-1-2(F),7-1-2(G)AND 7-1-2(H),AND ADDING SUBSECTION 7-1-11(G); REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 7 OF 16 Vice Mayor Eidson MOVED THAT ORDINANCE NO.831,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.834:ESTABLISHING AND RE- PEALING LOCATIONS FOR STOP SIGNS,WITH THE EMERGENCY CLAUSE )City Engineer Gordon Grandy stated this ordinance is to establish enforcement and maintenance responsibility for stop signs that were already in place when the City did the current annexation.He then indicated these locations.He stated this ordinance also covers the removal of stop signs on Greasewood Street at Valley Drive and San Marcos Drive;these are predicated upon a recent abandonment case that was passed by Council and explained that the abandonment of a street becomes private property and the City would not put stop signs for private access. Councilwoman Alger MOVED THAT ORDINANCE NO.834 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. Ms.Kathleen read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA; ESTABLISHING LOCATIONS FOR STOP SIGNS TOGETHER WITH REPEALING THE DESIGNATION OF CERTAIN LOCATIONS FOR STOP SIGNS IN THE CITY OF APACHE JUNCTION,ARIZONA; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilwoman Alger MOVED THAT ORDINANCE NO.834,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 8 OF 16 The motion carried. OLD BUSINESS None. The meeting recessed at 7:55 p.m.and resumed at 8:10 p.m. NEW BUSINESS RESOLUTION NO.92-15:CREATING SUPERSTITION COMMUNITY FACILITIES DISTRICT NO.1;CREAT- ING A BOARD OF DIRECTORS AND APPOINTING MEMBERS THERETO )City Attorney Glenn Gimbut requested that this matter be taken off of the agenda at this time and that the final form of this resolution has not yet been prepared. Councilwoman Barker asked about another date for that. Mr.Gimbut replied he plans to bring it back at the next regular council meeting. Councilwoman Barker MOVED THAT THIS ITEM BE POSTPONED UNTIL THE JULY 7TH COUNCIL MEETING. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REQUEST FROM REACH OUT FOOD BANK FOR CITY PARTICIPATION IN CONSTRUCTION OF FOOD BANK BUILDING AT PINAL COUNTY COMPLEX )Assistant City Manager George Hoffman stated the Reach Out Food Bank will be losing their building at some point in the future;that they have asked Pinal County for assistance that has been given and they have already received assistance from the American Legion. He then introduced Mr.Jones of the Reach Out Food Bank to speak on this matter as well as Pinal County Supervisor Roy Hudson. Mr.William Jones,2900 W. Superstition #99,confirmed assistance received for the Food Bank from the American Legion as well as Pinal County;he briefed the Council on its operation and explained the problems they are having. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 9 OF 16 County Supervisor Roy Hudson,10785 E.Cordova,spoke in favor of the Food Bank. Councilwoman Barker MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH A CONTRIBUTION NOT -TO -EXCEED $10,000 FOR THE FOOD BANK NEW BUILDING,AND THAT THESE FUNDS COME FROM THE CURRENT FISCAL YEAR 92-93 CONTINGENCY FUND;AND THAT STAFF PROCEED TO DRAFT AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND PINAL COUNTY REGARDING USE OF THE BUILDING. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REVIEW AND ACTION ON RECOMMENDATION OF CITY PERSONNEL BOARD (WEISKOTTEN) )Attorney William Farrell,6609 N. Scottsdale Rd.,Scottsdale,stated he is representing the Mayor and Council on this item. Assistant City Manager George Hoffman stated he did not have any comments in addition to those provided to the Council in the packet and that he would respond to any questions. Councilwoman Barker MOVED THAT RECOMMENDATIONS OF THE PERSONNEL REVIEW BOARD IN THE MATTER OF MERCER WEISKOTTEN,BE AFFIRMED. Councilman Coleman SECONDED THE MOTION. Mr.Farrell read the recommendations of the Personnel Review Board:1)that the two-day suspension without pay issue to Weiskotten be withdrawn from his personal file and that he be paid for those two days;2)that Weiskotten be issued a formal Letter of Reprimand for the actions established in this findings of facts numbers 19 and 20;3) that Weiskotten be issued a letter of direction setting forth the Court's expectations of his professional dealings with Judge Villarreal and the definitive allocations of duties and the requirements of interpersonal dealings be established as to Weiskotten and Villarreal;4)that Weiskotten be issued a Letter of Direction setting forth his duties,responsibilities,and standards of expected conduct for his dealing with fellow employees,community service workers and members of the public;5)that the order to attend a class on sexual harassment was an appropriate and proper order. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 10 OF 16 VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DISCUSSION AND ACTION ON RECOMMENDATIONS OF JUDICIAL REVIEW BOARD TO INCLUDE RE- VIEW OF CONTRACTS FOR CITY MAGISTRATES AND CITY PROSECUTOR;AND POSSIBLE PUBLIC DISCUSSION OF COURT ADMINISTRATOR AND CITY MAGISTRATES PURSUANT TO A.R.S. 38-431.03(A)(1) )City Attorney Glenn Gimbut stated a decision should be made tonight regarding the contracts for the city magistrates and city prosecutor. Councilwoman Alger commented that she questions herself if she has enough information to properly and fairly evaluate the confidence with which the Court has been administered;whether a position should be reduced and whether one should be eliminated;and if she is being completely objective in her deliberations or if there are other factors clouding the issue.She stated the answer to that is that she is not fully informed to her satisfaction and she does not feel that she has been and can be completely objective at this point. Councilwoman Alger MOVED THAT THE COUNCIL HAVE A PROFESSIONAL FIRM WHO KNOWS CITY COURTS TO COME IN IMMEDIATELY TO EVALUATE THE ADMINISTRATION AND THE DESIGN OF THE CITY COURT SYSTEM,AND THAT SHE WOULD LIKE A FINAL REPORT SUBMITTED TO THE COUNCIL IN NOT MORE THAN SIX MONTHS;THAT FINAL ACTION ON THE RECOMMENDATIONS FROM THE JUDICIAL REVIEW BOARD BE POSTPONED UNTIL THAT REPORT HAS BEEN EVALUATED BY THE COUNCIL;AND THAT THE CURRENT MAGISTRATES BE RETAINED ON A MONTH -TO -MONTH BASIS FOR WHATEVER IS NOW IN THEIR CONTRACTS UNTIL THE COUNCIL HAS RENDERED ITS FINAL DECISION. Councilwoman Barker SECONDED THE MOTION AND REQUESTED TO ADD SOME SPECIFICS AS TO WHO IS GOING TO HANDLE THE STUDY AND REQUESTED THAT THE PERSONNEL DIRECTOR BE CHARGED WITH THE RESPONSIBILITY OF ENGAGING THE SERVICES OF AN OUTSIDE PROFESSIONAL CONSULTANT; THAT THIS STUDY DEALS SPECIFICALLY WITH THE STUDY OF OTHER COURT SYSTEMS SIMILAR TO APACHE JUNCTION IN THEIR STRUCTURES WITH AN EVALUATION OF THE PERFORMANCE OF THE CURRENT CLERICAL STAFF;AN EVALUATION OF THE PERFORMANCE OF THE MAGISTRATE AS ADMINISTRATOR OF THE COURT;AN EVALUATION OF THE CASE LOAD OF THE COURT TO MAKE A DETERMINATION OF THE NECESSITY OF TWO OR ONE FULL-TIME MAGISTRATES; REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 11 OF 16 THAT THE STUDY WOULD INCLUDE A REVIEW AS TO THE MERITS OF CREATING A SENIOR COURT CLERK POSITION AS AN ALTERNATIVE OR AN ADDITION TO THE STAFF AND WHETHER THE POSITION OF COURT ADMINISTRATOR IS SOMETHING THE COUNCIL WANTS IN THIS COURT;AND THAT THE STUDY COMES BACK TO COUNCIL NO LATER THAN THE FIRST MEETING OF NOVEMBER;AND THAT JUDGE BRUNDRETT BE REAPPOINTED AS PRESIDING MAGISTRATE FOR TWO YEARS ON A CONTRACT AT THE PRESENT SALARY LEVEL WITH REVIEW OF THAT AT THE COMPLETION OF THE STUDY AND THAT IT BE UNDERSTOOD THAT HE MAY BE REMOVED FOR CAUSE IF THE AFOREMENTIONED STUDY WERE TO CONCLUDE THAT JUDGE BRUNDRETT IS NOT PERFORMING IN THE MANNER THAT THE COUNCIL HAS PRESCRIBED;THAT THIS WOULD BE CONSIDERED GROUNDS FOR REMOVAL; ALSO,THAT GRACE VILLARREAL BE REAPPOINTED UNDER THE SAME CONDITIONS AND PRESENT SALARY LEVEL UNTIL THE REVIEW IS IN;AND THAT IT BE UNDERSTOOD THAT IF THIS STUDY CONCLUDES THAT THE SECOND FULL-TIME POSITION IS NOT NECESSARY,IF POSSIBLE,THAT THE POSITION WOULD BE TERMINATED AND THE CONTRACT WOULD COME TO AN END; AND THAT THE POSITION OF COURT ADMINISTRATOR BE CONTINUED UNTIL THE STUDY PROVIDES FURTHER INFORMATION ON IT; AND THAT THE PROSECUTOR BE RETAINED AT A MONTHLY SALARY OF $5,417.67 WITH THE UNDERSTANDING THAT THE CITY INTENDS TO HIRE A FULL-TIME ASSISTANT CITY ATTORNEY AND THAT HIRING COULD TAKE PLACE AS EARLY AS THE BEGINNING OF NEXT YEAR;AND THAT ALL OF THE EMPLOYEES AT THE COURT BE PLACED ON NOTICE THAT THE COUNCIL WILL NOT TOLERATE FURTHER DISRUPTION OF THE CITY BY THEIR PETTY PERSONAL CONDUCT;THAT THEY ARE EXPECTED TO HAVE THE CORRECT SKILLS TO PERFORM THEIR JOBS AND CONDUCT THEMSELVES AS THE PROFESSIONALS THEY ARE SUPPOSED TO BE;AND THAT THE LINES OF AUTHORITY ARE AS DELINEATED IN THE ORDINANCES OF THE CITY; AND FURTHER ACTS OR DEVIATIONS BY COURT PERSONNEL WILL NOT BE TOLERATED AND THIS INCLUDES THE COURT ADMINISTRATOR AS WELL AS THE CLERICAL STAFF. SPECIFICS AS PART OF HER MOTION. Councilwoman Alger ACCEPTED THOSE City Clerk Kathy Connelly asked Councilwoman Barker for clarification on her motion regarding reappointment of Judge Brundrett when she said "at the present salary and that a review of that be done upon completion of the study". Councilwoman Barker clarified that, "A REVIEW OF THAT SALARY LEVEL BE DONE AT THE COMPLETION OF THE STUDY." REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 12 OF 16 Mr.Hoffman indicated there was a time problem in bringing back to the Council the contract for the consultant. Councilwoman Barker asked what is the time frame on that and if Councilwoman Alger's six-month time limit was more reasonable. Mr.Hoffman replied that the clear direction to staff would be to get this done as soon as it can possibly be done. Vice Mayor Eidson expressed concern over how much it would cost to have the study done and suggested not to do that.He asked if the Council can apply such restrictions to a contract for a judge. Mr.Gimbut replied that at this time he did not have a legal opinion as to whether or not the Council can put that kind of restriction on a contract;that the law states that the Council can remove a magistrate for cause;that cause must be clearly malfeasance, misfeasance or nonfeasance in office and that it is unclear at this time whether or not such cause exists;and that the motion is saying that it would have to be for cause.With respect to elimination of a second position when the position is that of a magistrate and if a professional report says that a second position is not needed,he has referred to the League of Cities and Towns with that particular question and he has not yet received an opinion. Councilwoman Barker stated she would agree to have the study done in-house and that she simply presumed that it would be better done outside;that she is equally concerned about spending more money and that the Council had a committee that did a very good job,but unfortunately the Council did not get hard-line facts and it's very difficult for her to judge whether somebody has done a good job when she does not have any facts to weight;that she cannot make a decision based on opinion and personal bickering. The Council proceeded with the vote. VOTE:In favor:Councilwoman Barker,Councilwoman Alger. Opposed:Councilman Coleman,Councilman Perkins,Vice Mayor Eidson, Councilman Cox,Mayor Damiano. The motion failed. Vice Mayor Eidson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RECOMMENDATIONS OF THE JUDICIAL REVIEW BOARD ON COURT OPERATIONS AND STAFFING;THAT THE COUNCIL ACCEPT PART OF THE JUDICIAL REVIEW REPORT;THAT THEY OFFER JUDGE BRUNDRETT A REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 13 OF 16 TWO-YEAR CONTRACT AT A SALARY OF $40,000 A YEAR;THAT THEY ABOLISH THE SECOND FULL-TIME JUDGE POSITION;THAT THEY ASK THE CITY MANAGER AND HIS STAFF TO ASSIST THE JUDGE WITH ADMINISTRATIVE AND MANAGERIAL PROBLEMS THAT MAY EXIST IN THE DEPARTMENT;THAT THEY KEEP THE COURT ADMINISTRATOR POSITION;AND THAT THEY HANDLE THE PROSECUTOR'S POSITION ON A MONTHLY BASIS,AS THEY ARE NOW DOING, UNTIL A FULL-TIME PROSECUTOR IS NAMED. Councilman Cox SECONDED THE MOTION. VOTE:In favor:Councilman Cox,Councilman Perkins,Councilman Coleman,Vice Mayor Eidson. Opposed:Councilwoman Barker,Councilwoman Alger,Mayor Damiano. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 6,1992 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,JULY 7,1992 IN THE CITY COUNCIL CONFERENCE ROOM. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT p.m. Councilman Cox SECONDED THE MOTION. )The meeting adjourned at 8:45 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of June 2,1992. 3.Authorization for City Manager to enter into contracts with Recreational Vehicle Parks for code enforcement. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 14 OF 16 4.Consideration of new appointments and reappointments to city boards and commissions. 5.Resolution No.92-14:Authorizing participation in the Main Street Program. 6.Authorization for City Manager to enter into contract for program management services with Capital Improvement Associates,Inc.for public safety facilities. 7.Authorization for Mayor Damiano to execute Intergovernmental Agreement (IGA)with the Arizona Department of Commerce for Community Development Block Grant (CDBG)funds. 8.Authorization to use contingency funds in the amount of $60,000 to cover Engineering salaries which were budgeted in salaries of Grants -In -Trust. ACCEPTED THIS 7TH DAY OF JULY ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF JULY ,1992. THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 15 OF 16 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 16th day of June,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of June,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16,1992 PAGE 16 OF 16