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HomeMy WebLinkAbout1991-05-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 7,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 7,1991,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 Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Councilman Absent: Staff Present: Others Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Eidson Councilwoman Alger Councilman Vehon Councilman Cox (was ill) Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell City Engineer Gordon Grandy Operations Supervisor Doug Dobson Librarian Spencer Paden Ms Nancy Koerner 1026 N.Goldfield Rd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 1 Ms Jean Perkins 616 N.Cactus Apache Junction,Arizona Mr.Keith Stachar 1153 N.Holmes Apache Junction,Arizona Ms Sherry Ulmer,Executive Director Pinal-Gila Child Services Coolidge,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT CONSENT AGENDA ITEM NOS.1 -9,BE ACCEPTED AS PRESENTED; AND THAT DAVID MCCLURE BE APPOINTED TO THE VACANCY ON THE PLANNING AND ZONING COMMISSION,CREATED BY THE RESIGNATION OF DENTON WASCOM,SAID TERM TO EXPIRE JUNE 30,1992; AND THAT CLAY REINHOLT BE APPOINTED TO THE VACANCY ON THE PLANNING AND ZONING COMMISSION,CREATED BY THE RESIGNATION OF JOHN BROOKHEART,SAID TERM TO EXPIRE JUNE 30,1993; AND THAT THE AMENDMENTS TO THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE BE RATIFIED,AND THE AGREEMENT APPROVED WITH THE CORRECTED LEGAL DESCRIPTION; AND THAT STAFF BE AUTHORIZED,THROUGH THE CITY MANAGER,TO SUBMIT THE LIBRARY SERVICES AND CONSTRUCTION ACT GRANT PROPOSAL FOR ADULT EDUCATION; AND THAT STAFF BE AUTHORIZED,THROUGH THE CITY MANAGER,TO SUBMIT THE LIBRARY SERVICES AND CONSTRUCTION ACT GRANT PROPOSAL ENTITLED "ABC PLUS:ACCESS TO BOOKS FOR CHILDREN -PUBLIC LIBRARY UNITED WITH SCHOOL"; AND THAT STAFF BE AUTHORIZED,THROUGH THE CITY MANAGER,TO SUBMIT THE ARIZONA DEPARTMENT OF EDUCATION SPECIAL PROJECTS GRANT PROPOSAL FOR ADULT EDUCATION; AND THAT RESOLUTION NO.91-20,VOICING OPPOSITION TO THE MARICOPA ASSOCIATION OF GOVERNMENT'S (MAG)RECOMMENDATION THAT THE APACHE JUNCTION AREA BE INCLUDED IN THE NON -ATTAINMENT AREA BOUNDARIES FOR CARBON MONOXIDE AND OZONE REGULATION,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.91-21,FINDING IT NECESSARY TO ACQUIRE ADDITIONAL ROADWAY AND/OR DRAINAGE RIGHT-OF-WAY ON SUPERSTITION BOULEVARD AND STARR ROAD AT THE INTERSECTION THEREOF,AND DIRECTING THE CITY ATTORNEY IN THE NAME OF THE CITY OF APACHE JUNCTION,ARIZONA,TO CONDEMN PROPERTY NECESSARY AND CONVENIENT TO BE TAKEN FOR THE IMPROVEMENTS,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 2 Mayor Bluntschly asked that the motion also reflect THAT THE MINUTES BE CORRECTED TO SHOW THAT COUNCILMAN COX GAVE THE PLEDGE OF ALLEGIANCE AND THAT COUNCILMAN EIDSON GAVE THE INVOCATION. Councilwoman Barker added that to the motion. Councilman Eidson seconded the motion. Councilman Eidson thanked Councilwoman Barker,Councilman Vehon,and Pinal County Supervisor Roy Hudson for bringing the inclusion of Apache Junction in the non -attainment area to everyone's attention.Councilman Eidson added that i t is good to see the City and County work together on this issue. Vice Mayor Damiano announced that he would have to abstain on the approval of the minutes as he was not present at the April 16th meeting. Councilman Vehon asked to vote "no" on Resolution No.91-20. Mayor Bluntschly pointed out that the Consent Agenda is one motion,and requires one vote. City Attorney David Alexander stated that Vice Mayor Damiano cannot abstain from Item No.2 either,as the Consent Agenda motion requires a yes or no vote and does not ask for an absention. Vice Mayor Damiano stated that he was not present,and asked for a suggestion. Mr.Alexander suggested that those items which cannot be voted unanimously should be removed from the Consent Agenda and voted separately,although abstentions have been voted in the past, it was not appropriate. City Clerk Kathleen Connelly informed the Council that abstentions are only appropriate in matters where a conflict of interest may exist. not clear why the Vice Mayor is abstaining. his vote. VOTE:Unanimous REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 3 Mr.Alexander commented that i t is Vice Mayor Damiano agreed to change The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a Proclamation declaring May 20th through May 25th as "Country Music Week". Mayor Bluntschly presented the Proclamation to Mr.Dusty Lane,member of the Arizona Country Music Association and the Colorado Country Music Hall of Fame. Ms Connelly read a Proclamation declaring a song entitled "Apache Trail"as an official City song. Ms Connelly read a Proclamation declaring May 19th through May 25th as "National Public Works Week". Mayor Bluntschly presented the Proclamation to Operations Supervisor Doug Dobson. CALL TO THE PUBLIC Ms Nancy Koerner,1026 N.Goldfield Rd.,Apache Junction,addressed the Council representing the Superstition Horsemen's Association,requesting that Section 15 be zoned low density as i t is designated on the General Plan,rather than the medium density i t is currently zoned.Ms Koerner stated that SHA con- ducted a survey of the Section 15 property owners,resulting in 90 property owners indicating a desire to change the zoning to R1-43. Ms Jean Perkins,616 N.Cactus,Apache Junction,complimented the Mayor and Council on the Proclamations,thanked Operations Supervisor Doug Dobson for his hard work,and thanked the Mayor and Council for the roses at the Veterans Memorial Park and for what they represent. CITY MANAGER'S REPORT Assistant City Manager George Hoffman stated that there is nothing to report at this time. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 4 PROPOSED ORDINANCE NO.789, PZ-6-91,MCDONALD/STACHAR )Councilman Vehon announced that he would abstain from this case,due to a possible conflict of interest. Senior Planner Jim Nakagawa explained that this is an application for rezoning submitted by Angus V.and Margaret T.McDonald,represented by Keith Stachar,of a vacant one -acre parcel from GR to CR-2(MH)Single Family Residences/Manufactured Homes permitted, located at the northeast corner of West Shiprock and North Grand Drive. Mr.Nakagawa stated that the General Plan designated this site as medium den- sity,conventional homes only,although the parcel adjacent has been zoned for manufactured home at medium density,and due to that aspect staff and the Planning and Zoning Commission recommend approval of the rezoning. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the rezoning. Mr.Keith Stachar,1153 N.Holmes, Apache Junction,representing the applicants,requested approval of the rezoning as it would be compatible to the current development of the area. There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.789,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilwoman Barker, Councilwoman Alger,Mayor Bluntschly Abstained:Councilman Vehon The motion carried. follows: City Clerk Kathleen Connelly read as ORDINANCE NO.789,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-6-91 FROM GR (GENERAL RURAL)TO CR-2(MH)(SINGLE-FAMILY RESIDENCES/MANUFACTURED HOMES PERMITTED);REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 5 Councilman Eidson MOVED THAT ORDINANCE NO.789,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilwoman Barker,Councilman Eidson,Vice Mayor Damiano, Councilwoman Alger,Mayor Bluntschly Abstained:Councilman Vehon The motion carried. OLD BUSINESS CONSIDERATION OF AGREEMENT FOR CONTRACT AUDIT SERVICES AND AUTHORIZATION TO PROCEED WITH AMENDING STATE COLLECTION AGREEEMENT ) )City Clerk Kathleen Connelly stated that two representatives of the Government Management Services Group were pre- sent at the Council work session,and the item is on this agenda for further action by Council. Councilman Vehon stated that this item should be continued once more to allow the public to read what the repre- sentatives had to say,and to allow more press coverage for public information purposes prior to taking any action. Councilwoman Barker pointed out that a continuance would give an opportunity for staff to make the changes in the contract as discussed. Councilwoman Alger MOVED THAT THE CONTRACT BE POSTPONED UNTIL THE CITY COUNCIL MEETING OF JUNE 4,1991,TO ALLOW FOR PUBLIC RELATIONS TO BE CONDUCTED ON THIS MATTER,TO ALLOW FOR CHANGES AS REQUESTED BY COUNCIL AT THE WORK SESSION - A DEFINITION OF "GROSS ASSESSMENT"- , SO THAT WE ARE IN A BETTER POSITION WITH THIS CONTRACT AT THAT TIME. Councilwoman Barker seconded the motion. City Attorney David Alexander recalled a statement with reference to consulting with the revenue officer prior to any audits,and asked i f there were any other changes to the contract that he did not catch. Councilman Vehon commented that the idea of using local people,such as the Fire Department,was favorable. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 6 Ms Connelly added that the wording "local people with persons from other local governmental entities",would be preferable. VOTE:Unanimous The motion carried. Ms Connelly informed the Council that there will be a reference to this program in the "City Page",as part of the public relations effort. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DIRECTION TO STAFF REGARDING REGULATIONS FOR CART VENDORS TO INCLUDE POSSIBLE DIRECTION TO PLANNING AND ZONING COMMISSION. Ms Connelly stated that much discussion has taken place on this issue,with the various approaches reviewed,and final Council recommendations are necessary.Ms Connelly explained that changes could be made to the Zoning Ordinance which would require referring certain items to the Planning and Zoning Commission,allowing for a broader way of addressing the issue or this could be limited to strictly licensing.Ms Connelly added that i t is on the agenda again as it was impossible to determine a consensus of the Council,and further speci- fics are needed. Mayor Bluntschly stated that the Council recognizes that the process will be longer i f this goes through the Planning and Zoning Commission,but in order for the vendors to make a living as opposed to being limited to sidewalks,this would be in the vendors best interest. Ms Connelly agreed that the Council did seem to feel that i f the vendors are to be allowed to operate within the City,it will take some amendment to the Zoning Ordinance.Ms Connelly also stated that the licensing staff has no objection to making changes to the codes to allow this type of operation. Councilwoman Alger asked i f the other cities are doing this through licensing or zoning process. Ms Connelly replied that in Mesa and Phoenix i t is limited to sidewalk sales,with only commerical corridor sales allowed. Mr.Nakagawa added that in most cities these types of sales take place in rights -of -way only. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 7 Councilwoman Alger asked i f this appears to be standard practice. Mr.Nakagawa replied that this is true. Councilwoman Alger pointed out that this would be the simplest way to handle this. City Attorney David Alexander stated that the problem is that Apache Junction does not have a sidewalk area to authorize these vendors to use,which is what these other cities authorize. Councilwoman Alger stated that there are some sidewalks,and more are planned. Ms Connelly stated that since these vendors are allowed to operate in the right-of-way,they are also required to obtain a bond,which she understood to be difficult to get and expensive. Councilman Eidson stated that he has no objection to most of staff's recommendations,except for the issue of additional parking and setting a limit on the size of the cart. Ms Connelly explained that the sixteen square foot total limit set by Phoenix means the space the vendor would occupy. Councilwoman Barker stated that she likes the idea of limiting the sales to food and beverages because i t involves the health services to back up on good practices;not having these sales in residential areas;permission of the pro- perty owners;and limiting the number of cart vendors per business. Councilwoman Alger pointed out that a decision is necessary as to whether the process will be through the Planning and Zoning Commission or just licensing. Councilman Eidson asked i f Uncle Reggie is currently allowed to set up at the County Complex. Ms Connelly replied that he is set up at the County Complex,as well having participated in a special event. Councilman Eidson stated that this has gone on for some months,and i f i t is going to take a lot longer,there needs to be a streamlined solution to tell him "yes"or "no. Councilwoman Barker pointed out that the problem is that where sidewalks do exist in the City,happen to be very busy or in locations that would not be good locations to sell. Mayor Bluntschly asked i f there is any way to "short-circuit"the process. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 8 City Attorney David Alexander replied that i f this is approached from a zoning aspect,there is no way to do that,and the choices are to do right-of- ways or go through the zoning process. Councilwoman Alger suggested putting this issue as a priority item,so that the Planning and Zoning Commission can immediately proceed. Ms Connelly stated that in order for the licensing aspect to proceed,as well as the zoning,more specific direction will be necessary in order to accomplish both at the same time. Ms Connelly added that information may include what the initial fee and renewal fees shall be,that there be compliance with health department regulations. Councilman Eidson asked i f the licensing portion can be adopted tonight,to allow vendors to operate prior to the zoning process being completed. Mr.Alexander replied that the Council shouldn't,and that the only reason Uncle Reggie is currently allowed to operate at the County Complex,is because that particular parcel of land is exempt from zoning enforcement by the City. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE APPROPRIATE STAFF, THROUGH THE CITY MANAGER,TO TAKE THIS TO THE PLANNING AND ZONING COMMISSION FOR IMMEDIATE ACTION,TO BE A PRIORITY ITEM THROUGH THEIR PROCESS,THAT THE MEMORANDUM OF MARCH 26TH PROVIDED BY THE CITY CLERK,BE USED AS A BASIS FOR STUDY FOR THAT BODY IN FORMULATING THEIR RECOMMENDATION TO THE COUNCIL,AND FOR STAFF IN FORMULATING THE ORDINANCE -RESEARCH MAY COME UP WITH MORE OR OTHER ITEMS THAT MAY BE INCLUDED.FOR THE CITY CLERK:NO.10,THE FEE OF THE VENDOR BE $45.00 INITIALLY,$35.00 RENEWAL,AND THEY ALSO SHALL HAVE THE PRIVILEGE OF THE $10.00 MULTIPLE LOCATION AS OTHER BUSINESSES DO. Councilwoman Barker seconded the motion. Councilman Vehon commented that there is also a memo from Charles Coleman of April 26th which has some good information for the Planning and Zoning Commission to use,and as Mr.Coleman eluded to in the memo,C-1 zoning may be too light for this type of operation. Ms Connelly asked i f i t is the Council's intent to limit licensing to food and beverage vendors only,with health department approval. Councilwoman Alger stated that this was not included in the motion inten- tionally,as the Planning and Zoning Commission needs to study this with legal opinions from the City Attorney prior to the Council deciding i f vendors should be limited. Assistant City Manager George Hoffman asked Senior Planner Jim Nakagawa what a first date would be that this could go to the Planning and Zoning Commission. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 9 Mr.Nakagawa replied that it would probably be the last of June or first of July. Councilwoman Alger asked why this can't be done on June 11th,as i t could be advertised by then,and staff has already done much research. Councilwoman Barker pointed out that the Council needs to keep in mind that there aren't going to be too many hot dog vendors during the summer. Councilman Eidson suggested to staff that this be presented to the Planning and Zoning Commission so that they understand that this be accomplished rapidly without too many stipulations. VOTE:Unanimous The motion carried. DIRECTION TO STAFF REGARDING RENEWAL OF LAND LEASE WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY. Assistant City Manager George Hoffman summarized the information presented by noting that the sublease of land to the Department of Economic Security will expire this year;that there is a possibility of an additional ten-year lease with the same terms,except for renegotiation of the maintenance fee;that the agreement can be terminated with a written 90 -day notice;and that DES is searching for commercial space in Apache Junction.Mr.Hoffman stated that the Council needs to decide whether or not to continue subsidizing the State of Arizona through this arrangement,and recommended due to the City currently owning the property,that the Council consider giving notice of termination or in lieu of that consider negotiating a shorter lease at fair market rate. Councilwoman Barker asked if DES also has another location in Apache Junction. Mr.Hoffman replied that DES rents commercial space,but that doesn't necessarily mean there is room in that other location for this facility. Councilwoman Barker asked i f they were allowed to continue using the pro- perty at fair market value,or renting,they would then be a commercial user. Mayor Bluntschly stated that the State doesn't do the City any favors when dealing in land,the City has always had to pay fair market value,and that the City is going to need this space for additional facilities.Mayor Bluntschly added that he hoped that i f the Council decides to allow DES to utilize the facility,that it would be paid for at fair market value. Councilwoman Barker expressed concern that the services rendered by DES to the community continue to be available in the community. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 10 Vice Mayor Damiano pointed out that a few years ago DES wanted to sell the building to the City and move out,but had changed their mind,so i f they are to stay they should pay rent. Councilman Vehon pointed out that the agreement grants DES the option of renewing,so i f something other than renewing is to be done,then they would have to be served with notice of termination in order to renegotiate another lease. City Engineer Gordon Grandy pointed out that DES is not included in the new directories put up on the Complex,so i f they are to stay,they may be requested to do something in keeping with the directories. City Clerk Kathleen Connelly pointed out that page 4,section 10,is a concern,as well as other references to the use of city equipment. Councilman Vehon asked if DES utilizes the vault or anything else. Ms Connelly replied that they do not,but the ability is there,i f they needed to. Mayor Bluntschly commented that another agency should not be allowed to use City equipment. Councilwoman Barker clarified that i f this is to be changed at all,other than the maintenance agreement,then it will be necessary to go through the ter- mination process first,so decisions could be made along the way. Vice Mayor Damiano asked about a letter from Rich Broman,and whether or not DES has been paying the $50 per month. Mr.Hoffman replied that he didn't know,as he did not ask that question of Mr.Lee. Councilman Vehon MOVED THAT THE FOLLOWING DIRECTION BE GIVEN THE CITY MANAGER WITH REGARDS TO THE LEASE AGREEMENT WITH THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY: THAT THE CITY MANAGER GIVE TO THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY,A 90 -DAY WRITTEN NOTICE OF TERMINATION,WITHIN THAT NOTICE IT SHOULD ALSO BE NOTED THAT THIS IS BEING DONE IN ORDER TO RENEGOTIATE A NEW LEASE FOR A SHORTER PERIOD OF TIME WITH NEW TERMS AND CONDITIONS TO BE AGREED UPON BY BOTH PARTIES. Mr.Hoffman asked i f the intent is to negotiate for approximate fair market value or not necessarily. Councilman Vehon stated that yes,a rental rate would have to be agreed upon for something close to fair market value,but that wasn't included so that DES wouldn't thing that we simply wish to kick them off,i t is just the ten-year period and other things that are a problem. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 11 Mayor Bluntschly asked that Councilman Vehon restate the motion as there appears to be some confusion. Councilman Vehon restated the motion as follows: THAT THE CITY MANAGER SEND TO THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY A WRITTEN 90 -DAY NOTICE OF TERMINATION,AND THAT HE ALSO CORRESPOND WITH THAT AGENCY TO SEE IF IT IS THEIR INTENT TO RENEGOTIATE A NEW LEASE,AND SHOULD IT BE THEIR INTENT TO RENEGOTIATE A NEW LEASE,SOME MINIMAL ITEMS THE COUNCIL WOULD LIKE TO SEE WOULD BE A RENT THAT WOULD BE CURRENT MARKET,NOT ALLOWING THE USE OF CITY EQUIPMENT AS IN THIS LEASE,AND FOR A SHORTER PERIOD OF TIME,AND ANY OTHER ITEMS THAT THE CITY MANAGER MIGHT DEEM NECESSARY. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. DIRECTION TO STAFF REGARDING RENEWAL OF LAND LEASE FOR HEADSTART CENTER. Assistant City Manager George Hoffman stated that there is currently a three-year lease agreement with Head Start Center,expiring at the end of August,that concerns about the agreement are whether or not it meets State guidelines for subleases to non-govermental agencies,but that the reason it was done initially was to help Head Start get going.Mr.Hoffman also pointed out that i t apparently there was a tacit agreement for Head Start to try and find a permanent location,although i t doesn't appear that any progress has been made towards that end,and suggested giving Head Start a one-year extension to relo- cate by September 1,1992. Councilman Vehon asked i f there has been any communication with Head Start, and what is their intention. Mr.Hoffman didn't know if Mr.Lee had communicated with them as yet,but that there is a representative from Head Start present tonight. Ms Sherry Ulmer,Executive Director of Pinal-Gila Child Services in Coolidge,expressed shock as she didn't know they were to look for another loca- tion,as this was initially a service for Apache Junction,and that they had invested $24,900 in one building as a commitment to Apache Junction. Councilman Vehon asked i f i t the intention of Head Start to stay as long as they can,and stated that there is an intent for the City to expand at some time in the future. Ms Ulmer replied that three years ago it was expressed that they were sup- posed to be a part of the Handicapped Center,which didn't happen,but they did REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 12 know that when the City grew they would relocate,however,they didn't know the City was at that point now.Ms Ulmer stated that the understanding was that when the parcel of land was needed by the City,they would move. Councilman Eidson stated that Head Start is a valuable agency to the com- munity,and that as long as he is on the Council he will do his best to make sure Head Start is here. Councilwoman Barker explained that Head Start children are no longer at risk when they go to public schools,and that the Council should do everything possible to keep Head Start here. Vice Mayor Damiano agreed with Ms Ulmer's recollections of three years ago, and stated that he doesn't see the rush for them to move. Mayor Bluntschly agreed that this program is vital to the community,but that when this was negotiated,this was a stop -gap measure to allow the facility to exist,which was the reason for a three-year contract. City Clerk Kathleen Connelly commented that Ms Ulmer was correct in that they were led to believe by certain councilmembers that the agency could be tied into the Handicapped Center,but because of grant processes it was not possible. Ms Connelly asked the City Attorney i f the City should be in the business of leasing space in this manner. City Attorney David Alexander replied that he would like to address this issue in Executive Session. Councilwoman Barker asked i f there is difference in leasing space to this non-profit agency and the State agency. Mr.Alexander replied that there is a difference. Mayor Bluntschly suggested continuing this item until June 4th. Councilwoman Alger stated that she does not want this continued,and that the lease should be renewed for a longer period then three years,as we don't need the property. Mr.Hoffman reminded the Council that the lease expires August 31st,and that the Council should hear legal counsel and the City Manager's comments prior to taking action. Mayor Bluntschly agreed. Councilwoman Barker stated that i t is important to hear legal cousel. Councilwoman Alger asked i f the Council could recess into Executive Session now to hear legal counsel. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 13 Councilwoman Alger MOVED THAT THE COUNCIL GO INTO EXECUTIVE SESSION. Vice Mayor Damiano seconded the motion. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Barker,Councilwoman Alger, Councilman Eidson Opposed:Councilman Vehon,Mayor Bluntschly The motion carried. Mayor Bluntschly recessed the meeting at 8:15 p.m. Mayor Bluntschly reconvened the meeting at 8:43 p.m. Councilman Vehon asked Mrs.Ulmer i f they understood that the current agreement allows for termination with a 90 -day notice from either party. Ms Ulmer replied that she is aware of the clause. Councilman Vehon commented that this would probably also be a new lease,and that Head Start should keep that in mind. Councilwoman Alger asked that a oneyear notice for termination be provided for moving,but that Head Start could still give a 90 -day notice. Ms Ulmer pointed out that the building belongs to Head Start. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN THE CITY MANAGER WITH REGARDS TO THE LEASE AGREEMENT WITH THE HEADSTART CENTER: THAT THE LEASE BE RENEWED FOR A PERIOD OF THREE YEARS,THAT TERMINATION CLAUSE NO.9 BE CHANGED TO REFLECT THAT HEADSTART WILL BE GIVEN A ONE-YEAR NOTICE TO MOVE THEIR FACILITY,AT SUCH TIME THAT THE CITY DETERMINES THAT THEY NEED THE SPACE FOR EXPANSION,THAT THE 90 -DAY NOTICE PREVAILS SHOULD TERMINATION BECOME NECESSARY FOR REASONS OTHER THAN MOVING. IF WE NEED THEM TO MOVE OFF THE PROPERTY ANY TIME BEFORE THE END OF THE LEASE, THAN THERE NEEDS TO BE A ONE-YEAR NOTICE TO MOVE THE BUILDING. AND THAT THERE BE A HOLD HARMLESS CLAUSE ADDED IN PARAGRAPH NO.21. Councilman Eidson seconded the motion. Mayor Bluntschly expressed concerns that this was initiated to let them find a permanent location,and they need to find a place to relocate as Head Start cannot stay here forever,as there may be problems down the road from other agencies. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 14 Councilwoman Alger suggested that when the City Attorney writes the one-year notice for them to move,he could include that should the City need to expand onto this property,we would give Head Start one-year notice to move their building,and this should tell them that they cannot stay forever. Councilman Vehon asked i f there will be a clause for renewal option,as the current one is vague. Councilwoman Alger stated that this isn't necessary,as i t could be ter- minated in two years or continued i f the property is not needed. Councilwoman Barker stated that the Council wants to help Head Start as best they can;that there are problems with Head Start continuing to be on the City property;that the lease should say that this gives the agency three years to find another location with the possibility that the City needs to expand to that property. Councilman Vehon pointed out that the document reads as i f i t is the City's intent to allow them to renew after three years. Mayor Bluntschly stated that three years is a good faith effort to allow them to move,with a one-year termination clause,and as long as they know they will need to relocate,it will eliminate a lot of problems. Councilwoman Alger pointed out that in three years the Council may wish to continue because of programs going into government agency partnerships. Councilwoman Barker commented that this verbage does not preclude that possibility in three years. Councilwoman Alger stated that i f there is way to word the contract for the possibility,instead of slamming the door after three years,for the possibility of negotiation. Councilman Eidson pointed out that the precedent is already set. Councilman Eidson stated that if another organization that does as well as Head Start wants a place to go,they should be allowed to set up here,and we can deal with law suit problems when they come up. Councilwoman Barker stated that Head Start is funded by tax dollars,as well as the City,and the Council is talking about peoples money,and peoples money would also pay for a law suit.Councilwoman Barker added that she is sure a compromise can be reached. Councilwoman Barker amended the motion THAT WORDING BE PUT IN THAT WOULD ENCOURAGE HEAD START TO BE IN THE PROCESS OF ACTIVELY PURSUING A PERMANENT ALTERNATE LOCATION WITHIN THE COMMUNITY. Councilwoman Alger seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 15 VOTE (On the amendment):Unanimous VOTE (On the original motion):Unanimous The motion carried as amended. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, JUNE 3,1991 EXECUTIVE SESSION,JUNE 4,1991 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JUNE 3,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON JUNE 4,1991,IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Councilwoman Alger reminded everyone of the picnic and rose garden Saturday. Councilwoman Barker reminded everyone that this is Councilman Vehon's farewell meeting. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:05 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of April 16,1991 3.Request by the Planning and Zoning Commission to make two appointments to the Commission. 4.Ratification of amendments and corrected legal description to Commercial Lease Agreement between City and Chamber of Commerce. REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 16 5.Authorization to submit Library Services and Construction Act Grant proposal for adult education. 6.Authorization to submit Library Services and Construction Act grant proposal entitled "ABC PLUS:Access to Books for Children -Public Library United With School." 7.Authorization to submit Arizona Department of Education Special Projects grant for adult education. 8.Consideration of Resolution No.91-20 voicing opposition to the inclusion of the Apache Junction area in the nonattainment area boundaries for carbon monoxide and ozone regulations. 9.Consideration of Resolution No.91-21 for Condemnation of Roadway and/or Drainage Easements at Superstition Boulevard and Starr Road. APPROVED AND ADOPTED THIS 4TH DAY OF JUNE AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JUNE ATTEST: KATHLEEN CONNELLY City Clerk ,1991,BY THE MAYOR A&.z,-IZJ KENNETH BLUNTSCHLY Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 7,1991 PAGE 17 ,1991. 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 7th day of May,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this t302',`day of KATHLEEN CONNELLY City Clerk 1991.