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HomeMy WebLinkAbout1991-04-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 2,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 2,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa City Engineer Gordon Grandy Parks and Recreation Director Jeff Bell Zoning Administrator/Official Charles Coleman Economic Development Specialist John Schoeph Mr.Issa Khoury 420 N.Apache Trail Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 1 Mr.Art Grandlich 8044 E.Hermosa Drive Mesa,AZ ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -8 BE ACCEPTED AS PRESENTED; WITH ITEM NO.4 REMOVED FROM THE CONSENT AGENDA AND BE CONSIDERED AFTER THE "CITY MANAGER'S REPORT"; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXPEND A CONTRIBUTION OF $500 TO PARTICIPATE IN THE FUNDING OF THE 1991 PINAL COUNTY TOWN HALL; AND THAT THE WASTEWATER POLICY PARAMETERS,LATER TO BE INCORPORATED INTO AN ORDINANCE,BE ACCEPTED AS PRESENTED; AND THAT THE POLICY AND PROCEDURES TO ADDRESS DUST CONTROL,BE RATIFIED; AND THAT THE CONTRACT FOR THE EXCHANGE OF SERVICES BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION CLEAN AND BEAUTIFUL,INC.,BE APPROVED; AND THAT THE AGREEMENT FOR THE EXCHANGE OF SERVICES BETWEEN THE CITY OF APACHE JUNCTION AND THE INDUSTRIAL DEVELOPMENT AUTHORITY,BE ACCEPTED AS PRESENTED. Councilwoman Barker seconded the motion. Vice Mayor Damiano commented that there appears to be an error in Item No.5,Wastewater Policy Parameters,where i t says "existing residential development ...shall pay a connection fee of $1,670.",as he was under the impression that "existing"residential didn't have to pay until "14.A.". Councilwoman Alger stated that No. 13 establishes a fact that there is a connection fee,and that No.14 says that this will happen i f they hook up within a certain period of time. the word "existing"be taken out. Vice Mayor Damiano suggested that City Manager Michael R.Lee explained that if an existing residential wishes to hook up,this would give the fee for that hook up. Mayor Bluntschly further explained that all this does is establish a fee for hook up. Vice Mayor Damiano commented that the average citizen will probably read this the way he did. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 2 VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox Councilman Vehon,Councilman Eidson,Mayor Bluntschly(with the exception of abstaining on Item No.2,as he was not present) Opposed:Vice Mayor Damiano The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly thanked everyone for taking time out to be involved in the community. AWARDS,PRESENTATIONS AND COMMUNICATIONS Ms Cindy Selvy addressed the Council regarding National Library Week. City Clerk Kathleen Connelly read a Proclamation designating April 14 -20, 1991,as National Library Week. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee stated that the State has reported the results of the sales tax audit as that in excess of $100,000 has been determined as owed to the City,involving nine different accounts;that the he and the Mayor attended the CAAG Regional Council meeting where the 208 Amendment request was approved.Mr.Lee reported the status of the Police Department annex as being 90% complete;that the Weekes Wash Bridge Project on Superstition has been paved and will be open to the public by next week;turn lanes are being constructed on Superstition and Lost Dutchman. Mr.Lee stated that there are some problems with an electrical cable to the City Complex,and that the two estimates to replace that are,$8,000 for alumi- num cable in conduit,and $12,000 for copper which is the preferred alternative. Mr.Lee further stated that as this is a serious situation and may cost more later i f this problem isn't resolved,the money will be squeezed out of the budget. ITEM NO.4 APPROVAL OF WASTEWATER PRETREATMENT AGREEMENT WITH THE CITIES OF MESA AND PHOENIX AND THE SUBREGIONAL OPERATING GROUP OUTLINING PRETREATMENT REQUIREMENTS. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 3 Councilman Vehon expressed concern over the transfer of liability. Director of Public Works Rich Broman explained that they would have to deal with us,and we would in turn have to deal with the violator. Councilman Vehon asked i f the City is doing any pretreatment -as this is called a "pretreatment agreement". Mr.Broman replied that no we wouldn't,unless there is an industrial user,in which case there would have to be a requirement for pretreating also depending on the quality of the sewage. Councilman Vehon commented that requiring an industrial user to pretreat before hooking up to the system would relieve the City of the liability. Councilman Vehon asked what Mesa and Phoenix's definition is of an industrial user. Mr.Broman replied that the defini- tions are in the referenced agreement,but didn't know what i t is offhand. Mr.Broman added that i t probably would be anybody other than a residential user. Councilman Vehon stated that his bottom line concern is that the hook up be possible for industrial users after running a line through an industrial area. Mr.Broman explained that the usage would be evaluated when they apply for hook up. Councilman Vehon asked i f there is any way that sewage pumped from septic tanks can be put into the sewage line without some type of pretreatment setup. Mr.Broman stated that when a City system was studied there was a possibility of dumping at a monitored rate into the plant so as not to unbalance the plant,so this could be done but it would fall under the pretreatment.Mr.Broman explained that Pinal County has indi- cated that they will be retaining the facility at the Apache Junction Landfill for septic disposal,however,they may have to upgrade or get rid of it at some point in time. Councilman Vehon pointed out thatinitially99% of the City will still be on septic systems,and some option will have to be available. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 4 Mr.Broman stated that there have been discussions with Pinal County of developing a septic disposal site,and at some point in the future connect i t to a treatment facility. Councilman Vehon MOVED THAT THE WASTEWATER PRETREATMENT AGREEMENT OUTLINING THE PRETREATMENT REQUIREMENTS BE APPROVED AS PRESENTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PUBLIC HEARINGS PROPOSED ORDINANCE NO.784,PZ-2-91, "COMMERCIAL USES" )Planning Division Manager Jim Nakagawa explained that this is a City -initiated amendment to three sections of the Zoning Ordinance,and the effect would be to accommodate uses that are simi- lar to those that are already permitted in various zoning districts,and that after study there are two issues that came out;one being that manufacturing uses are permitted in some commercial districts,limited to 25% of the floor area;and the other is that the uses identified in the Ordinance were permitted while those not listed were not to be permitted.Mr.Nakagawa explained that after several joint work sessions between the Planning and Zoning Commission, the City Council,and the Economic Development Commission,the consensus was that the amendment to the three sections of the Zoning Ordinance should proceed, and that on February 26,1991,the Planning and Zoning Commission recommended approval of the presented Ordinance. Councilwoman Alger asked what about the uses in some districts that should be removed. Mr.Nakagawa replied that the Council appeared to find the intensive uses in the industrial uses objec- tionable,and had asked staff to study this. would come back to the Council. Councilwoman Alger asked when this Mr.Nakagawa replied that as the last direction given was on the "potbellied pig"issue,it would come up after that is resolved. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 5 Mayor Bluntschly asked i f there is an approximate time frame. Mr.Nakagawa replied that it would probably be in the Fall,as there are a few other amendments along with the "potbellied pig"issue to come up during the Summer. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to this ordinance. There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.784 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Eidson seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.784,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING SECTION 3.0102,14.0101,AND 16.0502 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE IN ORDER TO ACCOMMODATE USES THAT ARE SIMILAR TO THOSE ALREADY PERMITTED IN VARIOUS ZONING DISTRICTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.784,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.785,ESTABLISHING LOCATIONS FOR STOP SIGNS WITH THE EMERGENCY CLAUSE )City Engineer Gordon Grandy explained that in researching and updating the inventory map of stop signs,an error was detected in which there are numerous stop signs in place without an ordinance to enact enforceability. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 6 stop sign costs. $75.00. Vice Mayor Damiano asked how much a Mr.Broman replied that they cost Vice Mayor Damiano commented that they were $30.00 before the City incorporated. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.785 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.785,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING LOCATIONS FOR STOP SIGNS WITHIN THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.785,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.786,ESTABLISH "NO PARKING"ZONES WITH EMERGENCY CLAUSE ) )City Engineer Gordon Grandy explained that a phone call from the Seventh Day Adventist Church Pastor insti- gated these zones as exit from their parking lot is difficult,and staff recom- mends that these zones be established on Ironwood from Wells Fargo to south of the LDS Church and also includes "no parking"zones to the south side of 16th REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 7 Avenue to the intersection due to the right turn lane from 16th Avenue onto Ironwood. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.786 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. VOTE:Unanimous The motion carried. follows: Councilman Cox seconded the motion. City Clerk Kathleen Connelly read as ORDINANCE NO.786,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING LOCATIONS FOR "NO PARKING"SIGNS WITHIN THE CITY OF APACHE JUNCTION,ARIZONA; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.786,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. VOTE:Unanimous The motion carried. APPLICATION FOR A SERIES 6 LIQUOR LICENSE,K & S FOOD MART AND FUEL applicant. Councilman Cox seconded the motion. ) )Mayor Bluntschly called on the Mr.Issa Khoury,420 N.Apache Trail,Apache Junction,asked i f there were any questions from the Council. Councilman Vehon commented that since Mr.Khoury has purchased the property there appears to be a lot more busi- ness,and commended the applicant. Vice Mayor Damiano asked i f this was the Flash Stop and did Mr.Khoury intend to change the name. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 8 Mr.Khoury replied that it was the Flash Stop and is currently Apache Shell. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone wishing to speak.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.ISSA KHOURY FOR K & S FOOD MART &FUEL,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR A SERIES 6 LIQUOR LICENSE,SUPERSTITION SKIES,INC.) )Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the application.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MR.RICHARD JOHN TASSO FOR SUPERSTITION SKIES,BE RECOMMEMNDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. Vice Mayor Damiano asked if a license for this business wasn't approved about a year ago. City Clerk Kathleen Connelly replied that there was a transfer from another person to Mrs.Tasso about a year ago, and this application is from Mrs.lasso to Mr.lasso. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 10 LIQUOR LICENSE,RR &0 ENTERPRISES,INC. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 9 (FOR JR.FOOD MART)) )Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the request.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.TIMOTHY J.RICHES OF RR & 0 ENTERPRISES,INC.,FOR JR.FOOD MART,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS ARIZONA DEPARTMENT OF TRANSPORTATION MEMORANDUM OF AGREEMENT, TRANSFER OF U.S.HIGHWAY 60 ) )Mr.Grandy explained that this agreement has been negotiated for years,and now that the opening of the Freeway is approaching fast,ADOT is attempting to strike a deal by providing some of the funding for the maintenance of U.S.60.Mr.Grandy pointed out that an exact date for the transfer is not in the agreement,however,a mutual agreement has been reached of July 1,1992 being the earliest the City will assume the responsibility for the abandoned portion of U.S.Highway 60.Mr.Grandy further explained that this date was agreed upon as the Freeway intersections at Tomahawk and Ironwood will not be completed until September,and the City does not intend to take responsibility of Highway 60 until July of 1992. Mr.Grandy reminded the Council that a Letter of Intent was approved two years ago,but that since then new legisla- tion was passed where ADOT can abandon a right-of-way with a four year notice, and along with this consideration there are financial and maintenance obliga- tions.Mr.Grandy stated that ADOT is asking that this new legislation be waived due to the prior deal that was struck. Vice Mayor Damiano asked i f the State wishes to pave the eastbound lane from Idaho to Tomahawk,before i t is turned over to the City. paved all the way out to the City limits. Mr.Grandy replied that it will be Councilwoman Barker asked i f anything other than the five year notice will be waived,with the waiving of this Statute requirement. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 10 Mr.Grandy read A.R.S.28-106,and stated that i t says in the Statute that i f the two entities get together and waive these provisions,they can. Councilwoman Barker reiterated that what is being waived is a four year notice and a five year conditional guaran- tee. Mr.Grandy added that this is along with full recognition of the financial and administrative impacts of the changes. Councilman Eidson pointed out that according to that,the City does not necessarily have to accept the highway from the State. Mayor Bluntschly disagreed,stating that i f the Council does not agree to the transfer,we could still end up with the highway in four years. Councilman Eidson commented that he wished there was a way to not accept it. Mr.Grandy stated that today the law says ADOT must do these things,and that is why the request for a waiver,but the agreement was really reached two years ago. Mr.Grandy added that the way the law reads,ADOT really doesn't have to do all of the things they have agreed to do,all they have to do is give a four year notice that they will be trans- ferring the highway to the City. Mayor Bluntschly recalled that there was language in the previous agreement regarding maintenance on the traffic signals. Mr.Broman stated that they are in the process of drafting a maintenance schedule,and that ADOT has indicated that they will assist and train City staff until we have a good feel for the maintenance. Councilman Vehon MOVED THAT AUTHORIZATION BE GIVEN THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUTURE MAINTENANCE RESPONSIBILITY FOR U.S.HIGHWAY 60,AND THAT STAFF PREPARE A SUPPLEMENTAL LETTER WAIVING THE REQUIREMENTS OF A.R.S.28-106. Councilwoman Barker seconded the motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 11 Councilman Eidson asked i f there is a chance of putting a new street across the City,and what would that cost. ADOT will be repaving the existing highway. cost somewhere around $200,000 per mile. Councilman Vehon pointed out that Mr.Broman replied that it would Councilman Eidson stated that as the Council has no experience in these areas,staff had better not let us down and let the State put the City in the middle. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.91-10, ABANDONMENT OF ALLEY IN PARKWAY PLAZA ) )City Engineer Gordon Grandy stated that this abandonment was requested by the property owner of both sides of the alley,which is located behind Los Vaqueros and which has no utilities. Mr.Grandy further stated that this alley makes the property on both sides somewhat undevelopable,and that staff recommends approval of the abandonment. behind Ace Hardware is part of this. part of the proposed abandonment. Councilman Eidson asked i f the alley Mr.Grandy replied that i t is not Councilman Vehon pointed out that the stipulations and conditions reached between the Development Coordinating Committee and the applicant are not part of the resolution,and does this mean they are not necessary for the abandonment. Mr.Grandy replied that the stipula- tions are not required for the abandonment,however,they were mutually agreed upon with the property owner as his intentions with the property. Mr.Art Grandlich,8044 E.Hermosa Drive,Mesa,owner of the Grand Hotel,adjacent to the property proposed for abandonment,stated that he is in opposition to the abandonment as the City should not give away any road or public access;that this takes away an access to the Grand Hotel and Los Vaqueros;reduces value of the Grand Hotel property; and will enhance the other property owners property. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 12 Vice Mayor Damiano agreed with Mr. Grandlich,that this will eliminate access for fire and police protection to the businesses in the area. Councilman Cox also agreed that this eliminates fire protection. Mayor Bluntschly asked i f this is a dedicated alley. Mr.Grandy replied that this is a "platted"alley,in other words,when the area was divided into lots whether i t fronted on Apache Trail,Idaho Road,or Ironwood Drive,they set aside the rights -of -way for those main streets. Mayor Bluntschly pointed out that i t is just plotted on paper and does not really exist anywhere. Mr.Grandlich disagreed,stating that i t did exist. Mayor Bluntschly stated that it may have been used,but as far as existing with dedication i t doesn't exist. Mr.Broman commented that i t really doesn't exist as a Federally patented "reservation"but is a dedication on a final plat for alley purposes. Councilman Cox asked i f the Council didn't previously agree to not close anymore streets or alleys in the City. Mayor Bluntschly agreed that there was discussion on abandonment of roadways,but not alleys. Mr.Grandy explained that as a 20 foot wide alleyway i t is not considered as a primary access of any kind,but at best would be a secondary access for emergency or trash pickup. Councilman Cox stated that a 20 foot alley will allow a fire engine,an ambulance,or a police car to transverse it. Councilwoman Barker stated that this alleyway appears to open behind Los Vaqueros and goes nowhere,so to access the alley you would have to go around Parkway Plaza and then it would deadend. Councilman Cox stated that he knows you can get through. Mr.Grandlich added that the alleyway has been blocked off by the owner,and until the Council approves or denies this abandonment,i t should be left open. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 13 Vice Mayor Damiano MOVED THAT RESOLUTION NO.91-10,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY DESCRIBED AS ALLEY LYING WEST OF LOTS 11 THROUGH 15,PARKWAY PLAZA DESCRIBED IN ABANDONMENT CASE AB -91-01,IS NO LONGER NECESSARY FOR PUBLIC USE AS AN ALLEY AND IS HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE DENIED. Councilman Cox seconded the motion. Councilman Vehon stated that he understood what Mr.Grandlich is talking about,however,Mr.Grandlich has access from Highway 88,Idaho,Highway 60,for fire and police protection,and if an alley that is not really being used to allow a parcel to be developed into something more than i t is now,i t is a good trade-off. Vice Mayor Damiano asked how,i f those lots are developed,emergency vehicles are going to access those lots. Councilman Vehon replied that access would be the same as ABCO,the development would provide access behind the stores. Mayor Bluntschly stated that when i t is developed,the property would have to be replatted,so the lots won't be the way the presently exist. VOTE:In Favor:Councilman Cox,Councilman Eidson,Vice Mayor Damiano Opposed:Councilwoman Barker,Councilwoman Alger,Councilman Vehon, Mayor Bluntschly The motion failed. Councilman Vehon MOVED THAT RESOLUTION NO.91-10,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY DESCRIBED AS ALLEY LYING WEST OF LOTS 11 THROUGH 15,PARKWAY PLAZA DESCRIBED IN ABANDONMENT CASE AB -91-01,IS NO LONGER NECESSARY FOR PUBLIC USE AS AN ALLEY AND IS HEREBY VACATED AS A PRESENT OR FUTURE RIGHT-OF-WAY,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilman Vehon,Councilwoman Barker,Councilwoman Alger, Mayor Bluntschly Opposed:Councilman Cox,Councilman Eidson,Vice Mayor Damiano The motion carried. Mayor Bluntschly recessed the meeting. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 14 Mayor Bluntschly reconvened the meeting. PROPOSED RESOLUTION NO.91-11,DECLARING AND ADOPTING THE RESULTS OF THE VOTE OF THE MARCH 19,1991 PRIMARY ELECTION )City Clerk Kathleen Connelly explained that this resolution concludes the cycle for the Primary Election and accepts the results of the election;orders that the vote be recorded;and cer- tificates of nomination and election be issued where applicable.Ms Connelly further explained that there will be resolution on the next agenda to begin the process of requirements for the May 21st General Election. Councilman Vehon asked i f there was time limit for contesting the results of the election. Ms Connelly replied that there are ten days in which to contest the results,and no one has come forward. Councilman Eidson MOVED THAT RESOLUTION NO.91-11,CONDUCTING AND ACCEPTING THE OFFICIAL CANVASS OF VOTES FOR THE APACHE JUNCTION PRIMARY ELECTION HELD MARCH 19,1991,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano seconded the PROPOSED RESOLUTION NO.91-16,EXPRESSING APPRECIATION TO THOSE RESPONSIBLE FOR BRINGING THE PINAL COUNTY TOWN HALL TO APACHE JUNCTION )Councilwoman Barker stated that resolution is to recognize the efforts of those who brought the Town Hall into our area,and also to recognize our County. Councilwoman Barker MOVED THAT RESOLUTION NO.91-16,IN HONOR OF THE 1991 PINAL COUNTY TOWN HALL TO BE HELD AT GOLD CANYON RANCH,AND PLEDGING THE CITY OF APACHE JUNCTION'S SUPPORT AND ASSISTANCE TO THE GROWTH OF PINAL COUNTY,BE APPROVED AND ADOPTED. motion. Vice Mayor Damiano seconded the Councilman Eidson stated that he agreed with Councilwoman Barker's comments on the agenda request,that a lot of the credit goes to the Vice Mayor for his efforts. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 15 is more to come. VOTE:Unanimous The motion carried. Vice Mayor Damiano added that there CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT FOR INSPECTION OF NEW PINAL COUNTYCOMPLEX ON NORTH IDAHO ) )City Manager Michael R.Lee stated that the Pinal County Board of Supervisors have requested an exemption from City inspection and plan review requirements,and that they be allowed to perform those functions on their own,and that the permit fees be waived.Mr.Lee recommended approval of the agreement. Councilman Cox stated that the County didn't give the City that consideration when the Operations garage was built. Mr.Lee explained that this was not taken to the Board of Supervisors,but was a staff level decision and could have been appealed. Councilman Cox commented that the ball should not be let drop like that again. Mr.Lee added that in the future staff will carry through. Councilwoman Barker asked i f the agreement includes Pinal County assuming all liability,holding the City harmless,etc. City Attorney David Alexander replied that i t is in paragraph 6 of the agreement,and that the agreement also reflects County code instead of the City at the suggestion of Pinal County. Ms Connelly pointed out that this does not exempt any contractors from City business license or sales tax requirements. Mr.Alexander agreed,and stated that Pinal County agrees in the IGA to inform all contractors of the necessity of a business license and appropriate sales tax. Vice Mayor Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 16 COUNTY,TO ALLOW PINAL COUNTY TO CONDUCT THEIR OWN PLAN REVIEW AND INSPECTIONS OF THE NEW COUNTY COMPLEX ON NORTH IDAHO,AND A WAIVER OF CITY BUILDING PERMIT FEES,BE ACCEPTED AS PRESENTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT OF MEMBERS TO CITY BOARD OF HEALTH ) )Ms Connelly explained that as a General Law City,one of the requirements is for the Mayor to appoint two mem- bers of the governing body,who along with the City Engineer and City Health Officer to be a part of the City Board of Health. Mayor Bluntschly stated that both Councilman Eidson and Councilman Cox have consented to serve on the board. Vice Mayor Damiano MOVED THAT THE CITY ENGINEER AND THE FOLLOWING TWO COUNCILMEMBERS BE APPOINTED TO THE CITY BOARD OF HEALTH:COUNCILMAN ED COX AND COUNCILMAN JIMMY EIDSON. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION TO PROCEED WITH PROCESS FOR SELECTING AND APPOINTING CITY HEALTH OFFICER/CITY PHYSICIAN. Ms Connelly explained that in order to meet the requirement in Title 9 of the Arizona Revised Statutes,there must be a City Physician and the requirement of Title 36 which stipulates that the City Health Officer must be a practicing physician.Ms Connelly advised the Council that the current Health Officer is Dr.Dean Seeman,but there is not a written agreement with any written quotations,and suggested that quotations be solicited from area physicians and a nomination brought back to the Council at a later date. Councilman Vehon asked i f the City Physician needs to have his practice within the City limits. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 17 aware of any requirement. definition would be of "area"physician. means within the zone of influence. Ms Connelly replied that she is not Vice Mayor Damiano asked what a Ms Connelly replied that i t probably Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN THE CITY CLERK,THROUGH THE CITY MANAGER,TO PROCEED WITH SOLICITING PROPOSALS FROM AREA PHYSICIANS FOR APPOINTMENT TO THE POSITION OF CITY HEALTH OFFICER/CITY PHYSICIAN. Councilman Cox seconded the motion. Councilman Vehon asked i f the City would pay this person anything. Ms Connelly stated that in the past, because there was not a written agreement on fees,the City was not in a bargaining position,but there should not be a retainer only fees for service. VOTE:Unanimous The motion carried. HIRING OF A FULL-TIME CITY ATTORNEY. Mr.Lee stated that the Council showed interest in more information,which has not be obtained as yet,and suggesting taking action on some items or postponing the entire item. Councilman Vehon commented that i t is important that this be done correctly,as this is the City's first attempt to hire a full-time attorney,so it would be appropriate to postpone until the next meeting. Vice Mayor Damiano MOVED THAT THIS ITEM BE POSTPONED UNTIL THE REGULAR MEETING OF APRIL 16,1991. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 18 EXECUTIVE SESSION,WORK SESSION, APRIL 15,1991 EXECUTIVE SESSION,WORK SESSION, APRIL 16,1991 ) )Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.,ON APRIL 15,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON APRIL 16,1991,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS City Manager Michael R.Lee reminded Vice Mayor Damiano that he had some reports on the Committee for Welcoming Home the troups. Vice Mayor Damiano reported that Governor Mofford invited the Mayor and Council to become involved with a Homecoming celebration. Mayor Bluntschly stated that there is a new organization working to establish an Arizona Country Music Hall of Fame in Apache Junction,and that there is song recorded by Dave Grimes which should be the City song regarding the Apache Trail. Vice Mayor Damiano reported on "Willie Day",their 50th Anniversary, which he attended on Palm Sunday. ADJOURNMENT ) )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 8:45 p.m. *Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 5,1991. 3.Approval of request for City of Apache Junction Funding Paricipation for 1991 Pinal County Town Hall in the amount of $500. 4.Approval of Wastewater Preptreatment Agreement with the Cities of Mesa and Phoenix and the Subregional Operating Group outlining pretreatment requirements. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 19 5.Approval of Wastewater Policy Parameters for later incorporation into ordi- nance. 6.Council ratification of policy and procedure to address dust control. 7.Approval of contract for exchange of services between Apache Junction Clean and Beautiful,Inc.and the City of Apache Junction. 8.Approval of agreement for exchange of services between the Industrial Development Authority and the City of Apache Junction. ACCEPTED THIS 16TH DAY OF APRIL ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF APRII ATTEST: Kathleen Connelly City Clerk ,1991. eKENNETHErf l TSCHLY Mayor 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 2nd day of April,1991.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 20 Dated this /10 day of e37010/7//7 1991. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 2,1991 PAGE 21