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HomeMy WebLinkAbout1991-08-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 6,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 6,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Cox Councilman Perkins Councilwoman Alger Councilman Coleman City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander City Attorney Glenn Gimbut Assistant City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Senior Planner Jim Nakagawa City Engineer Gordon Grandy Economic Development Manager John Schoeph Others Present:Mrs.Joy McNulty,member Health and Human Services Commission REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 1 Mrs.Alice Milbrat Mr.Bob Milbrat Mr.Jose DeElena 1675 E.Cody Apache Junction,Arizona Mr.s Cora Blatterspiel 760 E.Mesquite Apache Junction,Arizona Mr.Bob Tripp Dairy Queen Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT CONSENT AGENDA ITEM NOS.1 -11 BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.91-32,ENDORSING PARTICIPATION IN THE PINAL COUNTY ENTERPRISE ZONE AND THE CREATION OF A JOINT ENTERPRISE ZONE COMMISSION,BE APPROVED AND ADOPTED; AND THAT AUTHORITY BE GIVEN THE CITY MANAGER AND THE MAYOR TO FINALIZE AND ENTER INTO AGREEMENT WITH THE TOWN OF GILBERT FOR THE PURPOSE OF EXCHANGING SERVICES AND EQUIPMENT TO PROVIDE CERTAIN STREET MAINTENANCE FUNCTIONS; AND THAT SHOULD SIGNIFICANT CHANGES BE MADE TO THE DRAFT AGREEMENT AS PRESENTED, THE MANAGER SHALL SEEK ADDITIONAL CITY COUNCIL DIRECTION. I FURTHER MOVE THAT CHARLES RUSHING AND MARY ANN WEBB BE REMOVED FROM THE HEALTH AND HUMAN SERVICES COMMISSION,AND THAT JOY MCNULTY BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION,SAID TERM TO EXPIRE JUNE 30,1994,AND THAT CARMEN HUERTA BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION,SAID TERM TO EXPIRE JUNE 30,1994; AND THAT THE RESIGNATION OF FRAN MORRIS-HIGGINS FROM THE TRANSPORTATION BOARD BE ACCEPTED WITH REGRET,AND THAT HERB JORDAN BE APPOINTED TO THE VACANCY ON THE TRANSPORTATION BOARD,CREATED BY THE RESIGNATION OF WILLIAM WRIGHT,SAID TERM TO EXPIRE JUNE 30,1995; AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OFFICE OF MANUFACTURED HOUSING AND THE CITY OF APACHE JUNCTION,REGARDING THE INSTALLATION OF FACTORY -BUILT BUILDINGS,BE ACCEPTED AS PRESENTED; AND THAT THE SERVICE CONTRACTS WITH HUMAN SERVICE PROVIDERS FOR FISCAL YEAR 1991-92 BE APPROVED AS PRESENTED,TO INCLUDE THE AMENDMENTS OUTLINED IN THE MEMO FROM THE ASSISTANT CITY MANAGER DATED AUGUST 6,1991; REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 2 AND THAT APPOINTMENTS TO THE LOCAL PUBLIC SAFETY PERSONNEL PENSION BOARD BE MADE AS FOLLOWS: MAYOR DAMIANO,TERM TO EXPIRE JUNE 1,1993 LIEUTENANT DAN SCOTT AND TRAFFIC OFFICER DAN SCHULTZ AS POLICE DEPARTMENT REPRESENTATIVES,TERMS TO EXPIRE AUGUST 6,1995 LEO FRAZIER,SR.,AND GARY COLLINS AS CITIZEN MEMBERS,TERMS TO EXPIRE AUGUST 6, 1995. motion. VOTE:Unanimous The motion carried. Councilwoman Alger seconded the Introduction of Distinguished Visitors and Guests Mayor Damiano introduced Mrs.Joy McNulty,and acknowledged everyone present as "distinguished visitors and guests". AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee addressed the Council regarding the adoption of the budget for Fiscal Year 1991-92,and read the letter included with the final budget. PUBLIC HEARINGS PROPOSED RESOLUTION NO.91-26:ADOPTING FINAL BUDGET FOR FISCAL YEAR 1991-92 (WITH THE EMERGENCY CLAUSE)) )Mayor Damiano asked i f there was anyone who wished to speak on this item.There being no one wishing to address the Council,Mayor Damiano closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 3 Councilman Coleman MOVED THAT RESOLUTION NO.91-26,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1991,AND ENDING JUNE 30, 1992;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1991-92 AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. Councilwoman Barker commended department heads and staff for cutting the budget down as much as they have,and for coming up with the best possible budget under the circumstances. Councilwoman Alger stated that she agreed,although everything in the budget is not agreeable to her. VOTE:In Favor:Councilman Coleman,Vice Mayor Eidson,Councilwoman Barker, Councilman Cox,Councilman Perkins,Mayor Damiano Opposed:Councilwoman Alger The motion carried. PROPOSED ORDINANCE NO.794:AMENDING AND ADOPTING CITY CLASSIFICATION PLAN FOR FISCAL YEAR 1991-92 (WITH THE EMERGENCY CLAUSE) )City Manager Michael R.Lee called upon Assistant City Manager George Hoffman to brief the Council on this item. Assistant City Manager George Hoffman explained that this ordinance sets forth the Classification Plan and salary schedule for the City adopted by the Council each year,and outlined changes made from last year. Vice Mayor Eidson asked i f this has to be adopted in relation to the final budget,in order for the budget to be valid. Mr.Hoffman replied that i t is necessary for this to be passed,but wasn't sure of the relationship to the validity of the budget. Vice Mayor Eidson requested that any future raises,merit,COLA,etc.,be discussed with the Council prior to discussion with personnel. Mr.Hoffman pointed out that there is no COLA provided for in this budget or salary schedule,and that i t is at the discretion of the supervisor to give a merit increase,maximum being 5%. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 4 Vice Mayor Eidson stated that when the next budget preparation begins,no raises be included in that budget until the Council has reviewed it and approved the inclusion.Vice Mayor Eidson pointed out that once is i t included,the Council cannot really take i t out. Mr.Hoffman suggested considering total compensation to the employee,rather than just salary. Vice Mayor Eidson reiterated that he would not want the employees to think they are getting increases prior to the Council approving it. Councilman Perkins asked i f the merit is included in the Personnel Policies,and that the Council cannot exclude the merit without considering the policy. Mr.Hoffman stated that i t appears Vice Mayor Eidson's intent is that the message go out to the employees that the City may not be able to fund up to 5% merit in the 1992-93 budget. City Manager Michael R.Lee asked i f this would require an amendment to an existing ordinance. Mr.Hoffman replied that he believes so,and asked if merits are to be given this year. Vice Mayor Eidson replied that employees were told they would get raises this year,so there is no problem with having the merit included in the budget for this year. Mr.Hoffman pointed out that merit is offered as incentive for employees,but no one has been guaranteed a merit increase. Vice Mayor Eidson pointed out that the merit was included in the tentative budget,and this is what he wished to avoid next year until the Council makes the decision to include i t or not. Mr.Lee reiterated that Vice Mayor Eidson wishes to see staff,City Manager,get some direction from the Council prior to including the salaries in the budget,as to what level the Council wants to fund salary increases. Mr.Lee added that the merit was included in the tentative budget,but the Council has every right to take i t out or decrease the percentage. Vice Mayor Eidson commented that if the Council had taken i t out,they would be the "bad guys". REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 5 Councilwoman Barker MOVED THAT ORDINANCE NO.794,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.794,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING, REVISING,AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman Barker MOVED THAT ORDINANCE NO.794,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. Councilwoman Alger seconded the APPLICATION FOR SERIES 10 LIQUOR LICENSE,K &S FOOD MART ) )Mayor Damiano asked i f there was anyone wishing to speak on this item.There being no one wishing to address the Council,Mayor Damiano closed the hearing to the public. Councilman Perkins asked i f the Fire Department had submitted a recommendation. City Clerk Kathleen Connelly replied that the Fire Department gave a verbal approval on the application. Councilman Perkins MOVED THAT THE APPLICATION FOR A SERIES 10 LIQUOR LICENSE,SUBMITTED BY MR.FARZAD FAKHIMI FOR K & S FOOD MART,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilwoman Barker seconded the motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 6 VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Perkins, Councilman Coleman,Vice Mayor Eidson,Mayor Damiano Opposed:Councilman Cox The motion carried. PROPOSED ORDINANCE NO.798,SPEED LIMIT IN SCHOOL ZONE (With the Emergency Clause)) )City Engineer Gordon Grandy explained that an ordinance was adopted in 1987 to establish a speed limit on Idaho Road near Four Peaks Elementary School,however,there was an error in as much as when portable signs are rolled out the mandatory speed limits are 25 mph,as stated in the ordinance.City Engineer Gordon Grandy further explained that the ordinance should have mandated 15 mph instead of the 25 mph. Councilwoman Barker MOVED THAT ORDINANCE NO.798 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Coleman seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.798,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON IDAHO ROAD BETWEEN SHIPROCK STREET AND SMOKETREE STREET; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilwoman Barker MOVED THAT ORDINANCE NO.798,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.799,SPEED LIMIT FOR WINCHESTER ROAD AND DELAWARE ROAD REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 7 (With the Emergency Clause) )City Engineer Gordon Grandy explained that the Engineering Department has been verifying posted speed limits within the City,and in analysis of community streets it was concluded that Delaware from 16th Avenue to Lost Dutchman,and a section of Winchester Road, has not received an ordinance determining speed limits.Mr.Grandy stated that Ordinance No.799 will establish speed limits on two different segments of Winchester Road,and four different segments of Delaware Road. Councilman Perkins stated that he has a problem with starting the speed limit at 35 mph and then dropping to 30 mph,and suggested standardizing at the safer speed -30 mph. Mr.Grandy stated that this is a good point,except that the slower speed is not always safer,and the analysis showed that traffic is driving 45 mph currently in the area recommended for 35 mph,and that people are driving 30 mph currently in the area recommended for 30 mph. Councilman Perkins asked the Chief of Police his opinion. Director of Public Safety Bill McDaniel replied that the Police Department would like standardized,however, there is no problem with the 35 mph as the officers don't usually ticket until the driver has gone 5 -10 mph over the speed limit. Councilwoman Barker pointed out that the speed surveys were conducted in July,and during the winter the traffic is heavier especially on Delaware with the dog track open. Mr.Grandy gave his opinion that the area near the side exit of the dog track will not create a problem,and that using the summer for surveys monitors the people who live in those areas,and the heavier traffic in the winter will help speeds down. Mr.Grandy added that to conduct a speed survey in the winter with the heavily congested streets,would result in a false reading. Councilman Perkins MOVED THAT ORDINANCE NO.799,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. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 8 City Clerk Kathleen Connelly read as follows: ORDINANCE NO.799,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON WINCHESTER ROAD BETWEEN SCENIC STREET AND BROADWAY AVENUE AND ON DELAWARE DRIVE BETWEEN LOST DUTCHMAN BOULEVARD AND 16TH AVENUE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilman Perkins MOVED THAT ORDINANCE NO.799,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.800:AMENDING APACHE JUNCTION PUBLIC LIBRARY POLICIES ) )Director of Library Pam Loui explained that the Apache Junction Public Library has been affiliated with EVIN, East Valley Information Network,since 1989,and that as a contributing member of EVIN,the Library will participate in reciprocal borrowing.Ms Loui further explained that the Library Board has approval formal membership in EVIN necessi- tating a revision in circulation policy,which this ordinance will accomplish. Ms Loui added that the Mesa Public Library has also become a member of EVIN,greatly enhancing membership. Councilman Coleman asked i f this means that Apache Junction residents can obtain a library card from Mesa Public Library at no cost. Ms Loui replied that they will honor affiliation with Apache Junction Public Library,and will issue their own card to you. Councilman Perkins pointed out that also affiliated are business owners in Apache Junction,school district employees,and asked i f fire district employees also be included. Ms Loui replied that Apache Junction will accept anyone with a Mesa library card and vice -versa. fee. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 9 Mayor Damiano asked i f there is a fee.Ms Loui replied that there is no Mayor Damiano asked i f there is a fee for Pinal County residents. Ms Loui replied that there has been no fee for County residents for quite some time. Librarian Spencer Paden explained that if approved,this would include postal boundaries of 85219 and 85220. Mayor Damiano pointed out that this would include Gold Canyon and Queen Valley. Vice Mayor Eidson asked i f the City will receive the same cooperation with the County Library. Ms Loui answered that the City Library has been cooperating with the County since before she began her employment with the City. Vice Mayor Eidson commented that city residents pay taxes to the County library. Councilwoman Barker MOVED THAT ORDINANCE NO.800 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Perkins seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.800,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION PUBLIC LIBRARY POLICIES BY AMENDING SECTION I I CIRCULATION POLICY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.800,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman seconded the motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 10 VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.801:AMENDING SECTION 2-11-2 OF THE CITY CODE )Assistant City Manager George Hoffman explained that Ordinance No.708 established the Health and Human Services Commission,and due to trouble obtaining a quorum on the Commission, two alternatives are being considered.Mr.Hoffman further explained that those alternatives are to either retain a seven -member Commission allowing for some non -city members,or to reduce the Commission to five members comprised of city residents. Councilman Perkins asked i f there would be problems obtaining a quorum with five members at this time. Mr.Hoffman replied that three mem- bers would be necessary for a quorum in that case,and three people have been showing up for the meetings. Councilman Perkins asked if one of those members resigned,would i t be difficult to get another member within the city limits. Mr.Hoffman replied that he didn't thing it would be a problem,although this is conjecture on his part,con- sidering the current membership. Councilwoman Barker pointed out that the three members who did the work on the recommendations for human services funding,recommended both of these alternatives,and the Council should consider their suggestions. Councilwoman Alger stated that when establishing this commission,one of the points of discussion was to allow non- city residents as membership,due to the strict criteria for members. Councilwoman Alger added that i t would be remiss of the Council to exclude non-residents again,especially since the Council has been trying to send the message that those within the zone of influence get involved. Vice Mayor Eidson commented that some of the Council's most trusted advisors live outside the City,but recommen- dations are being made on the expenditure of tax -payers money,those recommen- dations should be made by city residents. Councilwoman Alger stated that she would agree i f the Council were discussing a city property tax,however,non- REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 11 residents come into the city to shop and work here and they should have a say on what goes on in the City. Councilman Coleman asked i f they should be allowed to vote because they shop in the city. should be allowed to vote on some issues. maybe they should be annexed. City could afford them. Councilwoman Alger replied that they Councilman Coleman suggested that Councilwoman Alger agreed -i f the Councilman Coleman pointed out that i f certain privileges are to be extended to non -city residents,it will be more difficult in the future to annex. Councilwoman Alger disagreed, stating that the more those people are included now,the more willing they will be to become a part of the City. Councilman Perkins asked if opening this membership up to those within the zone of influence would be setting a pre- cedent for all commissions -or can the Council pick and choose. Councilwoman Alger pointed out that there are four commissions mandated by law to have city residents as members - the Library Board,Planning and Zoning Commission,and the Board of Adjustment - the others serve at the Council's pleasure,and the Council can choose to have members outside the city limits. Councilwoman Alger added that there are three boards and commissions with non -city residents currently serving. Councilwoman Barker stated that both sides of this issue are reasonable,but that the monies spent on human services have to be spent on city residents,however,a quorum is necessary for this Commission and to only allow city residents limits the possibilities as well as the other limitations imposed on this membership. Councilman Coleman asked what the purpose was of limiting membership to those who do not receive funds. Councilwoman Barker replied that i t would be a conflict of interest to vote on what organization receives the funds. Councilman Coleman commented that in discussing the restrictions,he was wondering about all of the restrictions. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 12 Vice Mayor Eidson pointed out that the boards and commissions with non -city resident members do not make recommen- dations on spending city funds. Councilwoman Alger argued that any one of the boards and commissions can recommend expenditures,and that this Commission was created to make recommendations on funding to organizations for services,and expertise is necessary to do so. Vice Mayor Eidson commented that when you get into an argument with a woman - you're going to lose most of the time. Mayor Damiano stated that he knows there are people in the zone of influence that don't care about the city,and if they did care they would want to be annexed to the city,so the people who live in the city should be recommending expenditures. Mayor Damiano added that there is a person who brags about getting police and fire protection without being annexed. Mayor Damiano asked i f there was anyone who wished to speak on this ordinance. Mrs.Joy McNulty,newly appointed member to the Commission,stated that the members should be residents of the city,and suggested that the Commission extend an invitation to those in the zone of influence to attend the meetings and give input. Councilwoman Barker welcomed Mrs.McNulty to the Commission,and commented that since she is the only member present -she is the spokesperson for the Commission. Mrs.Alice Milbrat,a resident in the zone of influence,commented that the project just done by the Clean and Beautiful Committee,involve many people from outside the city limits. Mrs.Milbrat asked who are the other members of the Commission. City Clerk Kathleen Connelly replied that the members are:Virginia Seeman,Carmen Huerta,and Ed Barker. Mr.Hoffman asked i f for purposes of a motion,could the ordinance designating seven members be called Ordinance 801(A),and the five member option be called Ordinance 801(B). There being no one else wishing to speak,Mayor Damiano closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 13 Councilwoman Alger commented that Alice said i t very well -it's time to stop with the boundary lines,as we are all in this together and we are all working together,so let's share together. Councilwoman Alger MOVED THAT ORDINANCE NO.801(A)BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.801,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE 2-11 HEALTH AND HUMAN SERVICES COMMISSION,SECTION 2-11-2 MEMBERSHIP AND TERMS OF OFFICE,OF THE APACHE JUNCTION CITY CODE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.801(A),AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT THE NUMBER OF THE BOARD BE REDUCED TO FIVE,AND SECTION 1(C)"AT LEAST THREE OF THE FIVE MEMBERS SHALL BE RESIDENTS OF THE CITY OF APACHE JUNCTION AND NO MORE THAN TWO BE NON-RESIDENTS". Councilwoman Barker seconded the motion. Mr.Hoffman stated that the terms of office will also need to altered. Councilwoman Alger stated that the two ordinances shall be put together,to come out saying the Commission shall be comprised of five members,with adjusted terms,three members have to be resi- dents and two can be non-residents. Mr.Hoffman suggested getting a copy of Ordinance No.708 to ensure that the appropriate sections are being amended. Councilwoman Alger and Councilwoman Barker withdrew the motion and second. Mayor Damiano recessed the meeting at 8:23 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 14 Mayor Damiano reconvened the meeting at 8:40 p.m. City Attorney Glenn Gimbut advised denying Ordinance No.801A,since the title was read already,and entertain a new motion to consider the format of Ordinance No.801B. Councilwoman Alger MOVED THAT ORDINANCE NO.801(A),AS READ BY THE CITY CLERK,BE DENIED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Councilwoman Alger MOVED THAT ORDINANCE NO.801 AS IN THE FORMAT OUTLINED IN ORDINANCE NO.801(B)BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.801(B),AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE 2-11 HEALTH AND HUMAN SERVICES COMMISSION,SECTION 2-11-2 MEMBERSHIP AND TERMS OF OFFICE,OF THE APACHE JUNCTION CITY CODE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.801,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: AND INCLUSION OF A LETTER "C"UNDER SECTION I ,"AT LEAST THREE OF THE FIVE MEMBERS SHALL BE RESIDENTS OF THE CITY OF APACHE JUNCTION,WITH NO MORE THAN TWO BEING NON-RESIDENTS FROM WITHIN THE ZONE OF INFLUENCE." Councilwoman Barker seconded the the motion. Councilwoman Barker requested that applications from residents be considered first for vacancies,and every attempt to fill the vacancies with residents be made prior to appointing non-residents. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 15 VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS CONTRACT WITH CHAMBER OF COMMERCE )Assistant City Manager George Hoffman explained that the contract is similar to that of last year,except that the amount is reduced from $25,000 to $20,000,adds a marketing plan and shifts advertising and promotion program which compliments the Arizona Office of Tourism.Mr.Hoffman added that a sentence needs to be added to the contract which reads "Section 5.The Chamber shall comply with all provisions of Ordinance No.659.The Chamber shall submit it's contract proposal to the City in January of 1992."and "Section 6.This agreement and any modification thereof may be terminated by the City or the Chamber with or without cause upon 30 days written notice to the respective parties.Upon any such termination the Chamber shall render a final report on it's work performed up to the date of such termination.The Chamber shall submit an invoice of expenses reimburseable pursuant to this agreement which has not been paid within 30 days of termination notice.The City shall pay those expenses which meet the terms of this agreement and retain any unexpended funds identified in Section 4.H Vice Mayor Eidson asked i f this marketing plan would mean advertising the State of Arizona,instead of Apache Junction. Mr.Hoffman replied that the marketing plan and the advertising program are two separate programs,and this would not mean advertising the State. Mayor Damiano asked where the required rack of tourist information is located. Mr.Keith Hilgendorf replied that the rack is secured at the front door,and that there is more information inside the building. marketing plan to the Council. Mr.Hilgendorf explained that the Councilman Coleman asked if a por- tion of the contract means that the Chamber will expand and extend existing attractions. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 16 Mr.Hilgendorf explained that there will be added attractions that occur year -around. Mr.Hoffman added that there is an attractions committee that will put out advertisements for things,such as the Mining Camp Restaurant,Dirtwater Springs. Councilwoman Alger MOVED THAT THE CONTRACT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES,IN THE AMOUNT OF $20,000,BE ACCEPTED AS PRESENTED,WITH THE AMENDMENTS AS READ BY THE ASSISTANT CITY MANAGER. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION FOR CITY TO INITIATE A PILOT RECYCLING PROGRAM AS RECOMMENDED BY THE APACHE JUNCTION CLEAN AND BEAUTIFUL COMMITTEE )City Manager Michael R.Lee explained that the City was approached by the Apache Junction Clean and Beautiful Committee with a recycling program,which will establish a drop off for recycleables for donation as a pilot program to determine the community interest.Mr.Lee further explained that the drop off would be in the area of the Animal Control facility. Mr.Bob Milbrat explained that State law is mandating that cities provide recycling opportunities,and this program will meet that mandate. Mr.Lee added that there will be publicity to inform the citizens of the program and the location,and it will be on the way to the landfill which may make it more convenient. Mr.Milbrat,President of Apache Junction Clean and Beautiful Committee,outlined the program. Councilman Perkins asked if CBI is part of City government. Mr.Lee replied that i t is incorporated. Councilman Perkins asked i f the money from the recycling program would be spent by the Committee,or would it go into the City General Fund,and could this cause legal problems in the future. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 17 Mr.Lee stated that the monies would be put back into the community through projects sponsored by CBI. Mr.Gimbut pointed out that CBI will also be doing all of the work involved with the project. Mr.Lee added that the City will be providing the security and possibly making the contacts with the recyclers to pick up the materials. Mr.Milbrat stated that this will be done on a small scale as a pilot program,and almost all of the service orgnaizations will be participating. Mr.Jose DeElena,1675 E.Cody, Apache Junction,asked why bins can't be set up,suggested recycling what is dumped at the landfill,and suggested not including any raises to the Animal Control Officer in the next budget. Mrs.Cora Blatterspiel,760 E. Mesquite,Apache Junction,pointed out that the bins will need supervision as people will be dumping all sorts of things into the bins,and suggested com- munity service workers doing the supervision.Mrs.Blatterspiel also suggested having rules for the recycling. Councilman Perkins MOVED THAT THE CITY MANAGER BE AUTHORIZED TO IMPLEMENT THE PILOT RECYCLING PROJECT AS RECOMMENDED BY THE APACHE JUNCTION CLEAN AND BEAUTIFUL COMMITTEE,AND AS OUTLINED IN THE MEMO PREPARED BY THE DIRECTOR OF PUBLIC WORKS,DATED JULY 12, 1991. Councilman Coleman seconded the motion. VOTE:Unanimous The motion carried. HEALTH INSURANCE AND EMPLOYEE BENEFIT CONSULTANT SELECTION PROCESS )Mr.Hoffman explained that the City Code provides for a selection process for engineering and architectural con- sulting services,and that the City Council may adopt a process for other con- sultants.Mr.Hoffman stated that after looking at the health insurance and benefits and in establishing a wellness program,it would be prudent to hire a consultant to assist,and that the City Attorney has drafted a process for Council consideration. Vice Mayor Eidson asked i f the con- sultant wouldn't be required to be connected a particular insurance company. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 18 Mr.Hoffman stated that he would prefer to hire someone who is not affiliated with any health insurance provider, and would not have a vested interest in a particular insurance carrier. Vice Mayor Eidson agreed. Councilwoman Alger MOVED THAT THE SELECTION PROCESS FOR A HEALTH INSURANCE AND EMPLOYEE BENEFIT CONSULTANT BE APPROVED AS RECOMMENDED BY THE CITY ATTORNEY. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: CONSIDERATION OF ECONOMIC IMPACTS OF SIGNS IN OUR COMMUNITY AND POSSIBLE REVISIONS TO THE SIGN ORDINANCE )Councilwoman Alger stated that the Sign Ordinance has been reviewed strictly as a Sign Ordinance rather than the economic impacts of it,and i t is time to ask the business people what our signs look like,what do they do for us,how do they affect us,and are we using them the best way we can,prior to reviewing the Sign Ordinance again.Councilwoman Alger added that the Sign Ordinance has language that does not indicate clear intent,and that there are people willing to serve on a task force to do this project. "someone"is that can do all of this. Economic Development can. Councilwoman Barker asked who the Councilwoman Alger replied that the Councilman Perkins asked i f Councilwoman Alger's intent is to ask the EDC to look into whether or not the signs are now doing the job of promoting the community,or does the Council need to change ordinances to say the signs are not effective. Councilwoman Alger replied that this is the intent,but she does not intend for them to look at the Sign Ordinance, rather to look at the impact of the signs on the community and the businesses, and could changes be made to the ordinances that would better benefit the community. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 19 Councilwoman Alger pointed out that many people can't tell which sign goes with the business. Councilman Perkins asked i f the EDC is to find out whether or not the signs are beneficial to the community,are they doing the job,and can we do i t better. Councilwoman Alger agreed,and added that they should say either go ahead and make some changes to the Ordinance,or leave i t alone as it's fine. Assistant City Manager George Hoffman commented that this sounds like the "philosophy of signs",and he isn't sure what the EDC can say,so possibly Councilwoman Alger can clarify the direc- tion;and also that he and the Economic Development Manager have been helping the EDC to get more focused on a program of work with the "pad"tax as a priority,followed by a Program Plan.Mr.Hoffman asked where the Council would want this issue to fit in,in terms of those priorities. Councilwoman Alger pointed out that the pad tax issue is to be returned to Council in September,and the plan of action for the Commission shouldn't take much longer,so this assignment could go right next to it. Councilwoman Barker stated that the Council has been discussing vision,goals,and a main street theme for some time,and asked i f the main street committee is still meeting. Councilwoman Alger replied that the Chamber of Commerce has a committee working on the main street theme. Councilwoman Barker suggested that the visual concept that Councilwoman Alger is referring to might be more appropriate coming from this committee. Councilwoman Alger stated that the main street committee is not concerned with signs at this time,and the EDC,as a City commission,can give a recommendation to the Council with more specifics. Mr.Hoffman pointed out that the Chairman of the main street committee,Bob Tripp,is in attendance should the Council have any questions. Councilwoman Alger stated that the main street committee could get involved with a task force after the EDC conclu- des that changes are necessary in the Sign Ordinance. Councilwoman Barker asked for clari- fication on what the direction to the Commission would be. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 20 Councilwoman Alger commented that this is a request to look at the concept,not a specific ordinance. Councilwoman Alger defined the con- cept as:do we need to mess with the Sign Ordinance,or is i t fine as i t is; does i t need a little bit of mechanical work to make i t right;do the signs in the community give the benefit they should;are there too many or not enough in one spot. Councilwoman Alger added that she does not want the Commission to rewrite the Ordinance. Councilman Perkins stated that he agreed in principle,and asked i f there isn't a different way to accomplish this. Councilwoman Alger stated that they should think as i f they are starting from scratch,with no Sign Ordinance,and look at the concept first. Councilman Perkins pointed out that the recommendation may contradict the theme of the main street committee. Councilwoman Alger stated that this can be adjusted,but that this is mechanical not conceptual. Councilman Perkins suggested asking the main street committee what they are considering in their decision. Councilwoman Alger again pointed out that the main street committee is of the Chamber of Commerce,and although the Council can request their input,different information can be obtained through a City Commission. Mayor Damiano stated that the Council has reviewed and changed the Sign Ordinance numerous times,and asked Senior Planner Jim Nakagawa to explain the past changes to the Council. Mayor Damiano added that business owners are not going to change their existing signs. Senior Planner Jim Nakagawa explained that the City adopted a sign code,patterned after the old Pinal County Sign Code;then the citizen Zoning Ordinance Rewrite Committee reviewed the Zoning Ordinance and the Sign Ordinance and recommended a new ordinance which was adopted in 1986;the Chamber of Commerce formed a task force which recommended amendments,and the City Council adopted those changes. Mr.Nakagawa expressed concern that the issue is not clear,and what prompted the issue,and this may cause the pro- cess to be very long. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 21 Mr.Bob Tripp,owner of Dairy Queen, and Chairman on the main street committee,stated that he has had nothing but problems with the Sign Code and asked that the Council not move too quickly and make the same mistakes that have already been made. Councilman Perkins asked when the main street committee would be coming to Council with a recommendation. Mr.Tripp replied that the committee will have fairly concrete ideas within the next two or three weeks. Councilman Perkins suggested waiting until these ideas are heard before addressing the problem with signs. Councilwoman Alger stated that she is looking for a little bit of vision from one of the city commissions to be presented to the Council,to take a look at where the City is going with the signs.Councilwoman Alger further stated that it doesn't matter what the sign theme is going to be as this is just the mechanics. Vice Mayor Eidson stated that Councilwoman Alger appears to be looking for an opinion from some business people,and suggested kicking the whole sign ordinance out and start over. Mayor Damiano asked what would hap- pen with the existing signs i f the sign ordinance is done over again - would they be grandfathered? Council needs to be looking at the future. Councilwoman Alger commented the Mayor Damiano asked i f these busi- ness people are going to have to put up new signs. Councilwoman Alger replied that no they would not be asked to,only i f they choose to. Councilman Perkins commented that Councilwoman Alger seems to be saying that the Commission should look at whether the existing signs are doing the job -are they bringing people in. Councilwoman Alger pointed out that concepts are:where are you at/where do you want to be,what's good/what's bad, i f everything is good -then you don't change it,i f half of it's bad -then you change half of it. Mr.Hoffman explained that the answer the Council gets depends on who is asked the question -i f it's only business people,they will say more visibility -i f it's a cross section of citizens,they will be concerned with asthetics. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 22 Councilwoman Alger stated that there is a variety of citizens on the EDC. Vice Mayor Eidson gave an example of the inequities of the Sign Ordinance. Councilman Perkins commented that Councilwoman Alger is asking whether the way we are requiring businesses to post their signs is doing the job,and whether or not the regulations should be changed. Mr.Hoffman asked that the Council keep in mind that should the EDC return a recommendation and the Council decides to make changes,it will have to be sent back to the Planning and Zoning Commission for those changes. Councilman Perkins pointed out that the EDC would be asked to take a look at whether the business man is receiving the most business that he can receive,and that this is the right time for this issue. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ECONOMIC DEVELOPMENT COMMISSION TO CONSIDER ECONOMIC IMPACTS OF SIGNS IN OUR COMMUNITY AND TAKE THE DISCUSSION WE HAVE HAD TONIGHT, AND LOOK AT SOME OF THE CONCEPTS AND INTENTS OF THE COUNCIL -COUNCILMAN PERKINS JUST SAID IT REAL WELL -GIVE THEM THE MINUTES SO THAT THEY CAN HEAR WHAT WE WERE TALKING ABOUT AND LOOK AT THE IMPACTS,BUT I DON'T WANT THEM TO LOOK AT THE SIGN ORDINANCE ITSELF FOR REVISIONS,BUT I WANT THEM TO LOOK AT SIGN CLUTTER, EFFECTIVE HEIGHT,UNSIGHTLY,AND NONFORMING SIGNS.LOOK AT THE FULL RANGE OF SIGNS AND WHAT WE'RE DOING RIGHT AND WHAT WE'RE DOING WRONG AND HOW WE CAN DO IT BETTER. motion. VOTE:Unanimous The motion carried. Vice Mayor Eidson seconded the PARKING OF TRAILERS,TRAVEL TRAILERS, AND BOATS ON STREETS )Vice Mayor Eidson stated that there are areas in the community where people park boats,travel trailers in the street legally since they cannot park them in their driveway or front yard as that would be illegal,however,this is a hazard to the surrounding neighbors. Vice Mayor Eidson requested that an ordinance be adopted allowing unmotorized vehicles such as travel trailers or boats that can only be parked in front of the house for a specific number of hours. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 23 Vice Mayor Eidson stated that he would prefer to see them parked in driveways then in the street. City Attorney Glenn Gimbut asked if there isn't something that does not allow parking of travel trailers on the street. Senior Planner Jim Nakagawa replied that there is a section of the City Code,Chapter 12,that includes boats,semi- trailers. Councilwoman Alger pointed out that travel trailers can be parked in rear and side yards,but possibly boats need to be included. Mr.Gimbut stated that there is nothing prohibiting boats in side or rear yards. Mr.Hoffman suggested the Council giving direction so that staff can research the issue,review it with the Police Department in order to meet enforcement needs,and then return to Council with either an opinion of how current codes can be enforced or a draft ordinance to made changes. Vice Mayor Eidson MOVED THAT DIRECTION BE GIVEN TO STAFF,THROUGH THE CITY MANAGER,TO RESEARCH EXISTING CITY AND STATE LAWS AND RECOMMEND AMENDMENTS WHICH WILL PROHIBIT THE PARKING OF TRAVEL TRAILERS,BOATS,AND SIMILAR VEHICLES,ON CITY STREETS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETINGS DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, SEPTEMBER 3,1991 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON SEPTEMBER 3,1991, IN THE CITY COUNCIL CHAMBERS AND CONFERENCE ROOM RESPECTIVELY. Councilwoman Barker seconded the motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 24 VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Mayor Damiano reported that on Saturday,August 10,1991,from 6 a.m.to 12 noon,Regional Community Day coordinated by the Chamber of Commerce will be held,with the theme of "Superstition,your key to Arizona Treasure",at U.S.360 Ironwood overpass. Mr.Hilgendorf added that there will be complimentary coffee and donuts. Mayor Damiano further reported that on Thursday,August 15,1991,at 6:45 p.m.,there will be sundown ribbon -cutting ceremoney coordinated by the Chamber of Commerce,invitation only. Mayor Damiano stated that the Freeway will open on Friday,August 16,1991, at 7:00 a.m. Mayor Damiano announced that there will be a Transportation Board meeting at 10 a.m.at Gold Canyon Ranch Resort,featuring a welcome by Mayor Tom Damiano. ADJOURNMENT ) )There being no further business to discuss,Mayor Damiano adjourned the meeting at 10:07 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 7,1991. 3.Acceptance of Minutes of Regular Meeting of June 18,1991. 4.Acceptance of Minutes of Special Meeting of July 15,1991. 5.Acceptance of Minutes of Regular Meeting of July 16,1991. 6.Approval of Resolution No.91-32 amending Resolution No.90-33 endorsing Pinal County Enterprise Zone and Making Appointments to the Joint Enterprise Zone Commission. 7.Authorization to Enter into Intergovernmental Agreement with the Town of Gilbert for Maintenance -related Work. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 25 8.Removal,Appointment and Reappointment of Members on the Health and Human Services Commission;and Appointment to the Transportation Board. 9.Approval of Intergovernmental Agreement with the Office of Manufactured Housing. 10.Approval of Service Contracts with Human Service Providers for Fiscal Year 1991-92. 11.Appointments to Local Public Safety Personnel Pension Board in Accordance with Arizona Revised Statutes 38-847. ACCEPTED THIS 3RD DAY OF SEPTEMBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF SEPTEMBER ATTEST: Kathleen Connelly City Clerk ,1991. THOMAS DAMIANO 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 6th day of August,1991.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 26 Dated this Ng4.9 day of REGULAR MEETING OF THE CITY COUNCIL AUGUST 6,1991 PAGE 27 KATHLEEN CONNELLY City Clerk 1991.