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HomeMy WebLinkAbout1991-09-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 3,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 3,1991 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 Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Cox Councilman Perkins Councilwoman Alger Councilman Coleman City Manager Michael Lee City Clerk Kathleen Connelly City Attorney David Alexander City Attorney Glen Gimbut Assistant City Manager George Hoffman Director of Public Safety William McDaniel Director of Public Works Rich Broman Senior Planner Jim Nakagawa Assistant Planner Rudy Esquivias City Engineer Gordon Grandy Public Works Superintendent Doug Dobson Paul Lewis,9606 E.Ellis Circle,Mesa,AZ Mr.Dallas Cary,164 North 74th Street,Mesa Mr.Jay Thompson,2302 East Harmony,Mesa Mr.Brian Fesser,145 N.74th Street,Mesa Mr.Keith Bullock,7638 East Sheridan,Scottsdale Mr.Mark Nielson,620 South Stardust Lane,Apache Junction REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 1 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEMS 1 THROUGH 10 BE ACCEPTED AS PRESENTED; AND THAT JIM MURPHY BE APPOINTED TO THE ECONOMIC DEVELOPMENT COMMISSION TO FILL A VACANCY CREATED BY THE RESIGNATION OF JOHN NIEBLING,SAID TERM TO EXPIRE JUNE 30,1993; THAT RICHARD TAYLOR BE REAPPOINTED AS A DIRECTOR TO THE CITY OF APACHE JUNCTION MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JULY 1994; THAT RESOLUTION NUMBER 91-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO ENTER INTO CONTRACT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF AN EMERGENCY SUPPORT/COMMAND POST VEHICLE WITH FUNDING PROVIDED BY THE ARIZONA DEPARTMENT OF PUBLIC SAFETY,D.P.S.CONTRACT NUMBER 91-824,BE APPROVED AND ADOPTED; AND THAT THE BID FOR PW 91-02,PAVING MATERIALS,BE AWARDED TO MESA MATERIALS FOR 3/8"AC @ $18.45 PER TON FOR +3,000,3/4"AC @ $17.90 PER TON FOR +3,000 TONS,COLD PATCH @ $23.00 PER TON FOR +100 TONS; THAT THE BID FOR PW 91-03,FUEL,BE AWARDED TO MESA FUEL COMPANY FOR UNLEADED GAS @ $0.812 PER GALLON;FOR +60,000 GALLONS AND DIESEL FUEL @ $0.615 PER GALLONG FOR + 30,000 GALLONS;— THAT THE BID FOR PW 91-04,CHIP SEAL OILS,BE AWARDED TO SAGUARO SURFACING FOR CRS 2P AT $0.82 PER GALLON SPREAD FOR +17,000 GALLONS,AC 20 WITH CRUMB RUBBER @ $2.36 PER GALLON SPREAD FOR +19,830 GALLONS; THAT THE BID FOR PW 91-05,SAND AND AGGREGATES,BE AWARDED TO CASHWAY CONCRETE MATERIALS FOR SPEC ABC @ $4.65 PER TON FOR +4,000 TONS AND WASHED CHIPS @ $10.02 PER TON + 2,000 TONS; THAT THE BID FOR PW 91-06,VINYL SIGN MATERIALS,BE AWARDED TO MONTROY SUPPLY CO.,FOR VINYL PACKAGE IN THE AMOUNT OF $2,620.16,AND REFLECTIVE SHEETING AND FACES IN THE AMOUNT OF $8,410.86; THAT THE BID FOR PW 91-07,VEHICLE AND EQUIPMENT TIRES,BE AWARDED TO WESTERN STATES TIRES,CHARLIE CASE TIRE COMPANY,AND JAMES TIRE SALES FOR THE EQUIPMENT, QUANTITY,AND COST INDICATED IN THE MEMORANDUM FROM THE PUBLIC WORKS SUPERINTENDENT,DATED AUGUST 26,1991; AND THAT THE BALLOON PAYMENT FOR THE 140G MOTOR GRADER BE CONVERTED TO A CONTINUED LEASE PURCHASE AGREEMENT FOR A PERIOD OF 60 MONTHS AT $856.61 PER MONTHS; THAT RESOLUTION NUMBER 91-33,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,RELATING TO TAXATION,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION SUBJECT TO TAXATION AND WITHIN THE MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT,SUPERSTITION VIEW,SL 8501-1,A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 2 EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT TO BE APPROVED AND ADOPTED; THAT RESOLUTION NUMBER 91-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING THE PINAL COUNTY BOARD OF SUPERVISORS TO BUILD AND OPERATE A TRANSFER STATION,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NUMBER 91-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FINDING IT NECESSARY TO ACQUIRE ADDITIONAL ROADWAY,PUBLIC ROADWAY,AND/OR DRAINAGE RIGHT-OF-WAY ON 16TH AVENUE AT THE INTERSECTION OF 16TH AVENUE AND MERIDIAN,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 AND EMERGENCY,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. As a point of clarification for the record,Councilwoman Alger stated that plus or minus,as indicated by the Public Works Superintendent's memo,be used with tons and gallons. VOTE:UNANIMOUS. The motion carried. Introduction of Distinguished Visitors and Guests There were no introductions. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented a plaque in memoriam from the City to the family of Kermit Bressner,for Kermit Bressner's innumerable contributions to the community.The Mayor outlined many of the contributions and achievements of Mr. Bressner. Mayor Damiano stated that although Mr.Ray B.Salvatore was unable to attend the Council meeting,the City wished to recognize with a plaque his exceptional spirit citizenship and for his generous contributions to the City's charitable functions. CALL TO THE PUBLIC The Mayor stated that due to the open meeting law requirements,the Council will not be able to answer questions or discuss comments at this time.He stated that follow-up by Council,through the staff,will be provided at the earliest possible time. The Mayor asked Mr.Paul Lewis is he would like to speak at Call to the Public or i f he wished to speak when his item was addressed.Mr.Lewis stated his desire to speak at the time of his item's hearing. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 3 CITY MANAGER'S REPORT City Manager Mike Lee addressed the Council regarding vacancies on boards and commissions and stated that possibly with additional publicity individuals would express an interest in filling the eleven existing vacancies. The City Manager also addressed staff's efforts to further reduce expenditures.He stated that for construction projects where the City had to water the streets,Arizona Water Company water had been the only available water and cost approximately $16,000 a year.Mr.Lee stated the City has been informed that CAP water is available for a least a temporary period of time.He stated i t is unallocated surplus CAP water and he believes i t can be acquired. He stated an agreement is still to be worked out for approximately $.16/gallon which would be about $1200 a year instead of $16,000.Mr.Lee said there will be some investment involved because the City will have to build a pumping station to take the water from the canal,in addition to costs for some electrical work,and other associated expenses.Mr.Lee stated the City does not yet have an estimate of the expense,but is confident i t can be paid for within a year.He said Pinal County is interested in the same subject because they are also paying quite a bit of money for their water.He said the City has the been working with the County to develop an intergovernmental agreement to share the expense. Councilwoman Barker asked Mr.Lee to clarify that using the CAP water will cost approximately $1200 versus $16,000.Mr.Lee stated that was correct. Public Works Director Rich Broman stated that the main difference between CAP water and Arizona water is that the CAP water is untreated;i t is just taken from the canal as opposed to treating i t and transporting i t through a distribution system. PUBLIC HEARINGS SERIES 7 LIQUOR LICENSE KOVACS CORNER,DALLAS CARY APPLICANT )Mayor Damiano called upon the applicant or spokesperson to address the item. Mr.Dallas Cary,164 North 74th Street,Mesa,Arizona,introduced himself and was available to Council for questions. Mayor Damiano asked i f there was anyone who wished to speak either in favor of or in opposition to the item. There being no one wishing to address the item,Mayor Damiano closed the hearing to the public. Councilwoman Barker MOVED THAT THE APPLICATION FOR A SERIES 7 LIQUOR LICENSE SUBMITTED BY DALLAS PAUL CARY FOR KOVAKS KORNER BE RECOMMENDED TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 4 Councilwoman Alger seconded the VOTE:UNANIMOUS. The motion carried. PROPOSED ORDINANCE NO.802, PZ 9-91,BULLOCK/CONNOLLY ) )Mayor Damiano stated approval of this major amendment request to a planned development would reduce side yard setbacks for homes in the Sunny Lane Estates subdivision.Mayor Damiano called upon the Planning Director to brief the Council on the case. Planning Division Manager Jim Nakagawa stated the applicants in the case,Keith and Barbara Bullock,are requesting a major amendment for a planned development subdivision known as Sunny Lanes Estates.He stated the request is to allow a five-foot setback on each side of each unit in the subdivision located north of Broadway and west of South Ironwood Drive.He added the project received its initial approval in 1981 and 1982,and consists of a long,narrow street subdivision with small lots which were originally proposed as a conventional building with an RV unit attached as part of the total developed area on each lot. Mr.Nakagawa stated a series of amendments to the original planned development were given as the developer began to experience some difficulties in being able to use the original stipulations. He said in 1984 approval was given for conventional two bedroom units on this site and one of the last changes or amendments to the original planned developed occurred in 1988 when a conventional home was proposed,setbacks were allowed to be reduced for the front and rear,and the living area was stipulated to have a maximum of 1260 square feet.Mr.Nakagawa stated that since that time many who have approached him and who are interested in buying one of these units built on a lot have been asking for two car garages.Mr.Nakagawa stated this is a conventional home on a rather small lot of a little over 4000 sq.feet,when normally City subdivisions 7,000 to 8,000 sq.feet are necessary to fit a regular size house on a lot.Mr.Nakagawa stated normal requirements for side yard setbacks are five feet on one side and 10 feet on the other i f there is no access to an alley in the back.Mr.Nakagawa stated there is an alley that adjoins this subdivision on either side but there is a permanent wall around the entire project and practical access to the alley is not possible;access is from the interior road known as Sunny Lanes.Mr.Nakagawa stated that when this request was analyzed,some difficulties were found in complying with the spirit of the zoning code.He stated typically in exchange for a reduction in city requirements,the developer offers some amenities or things that are not normally required through the zoning code;some of which may be additional open space or visible amenities.He stated for a planned development of this size normally one would need open space in the area of about 58,000 or 59,000 square feet;this project at this time provides 23,750 square feet of open space which is the reason denial is recommended for this planned development amendment.He said one rationale acknowledged that could support approval of this PD amendment was that this is a conventional home subdivision and the City has tried to be encouraging along these lines.Mr.Nakagawa stated the concern is that someone on some other larger project would want to ask for a similar reduction in lot size and at the same time not provide the additional open space that would be expected for planned developments. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 5 Mayor Damiano called upon the applicant or spokesperson to address the item. Mr.Jay Thompson,2302 East Harmony, Mesa,AA 85204,introduced himself to Council as representing Keith Bullock the property owner.He stated the subdivision has basically every amenity with the exception of open areas.He said the subdivision is paved,curbed,has street lights,and is totally enclosed by a block wall around the subdivision.He stated without the change they have the opportunity of building every two homes with a ten foot separation between them,the marketing people are receiving requests for two car parking.He said the requests are not necessarily for garages,just covered two car parking.He stated the lots are 4250 square feet and using existing setbacks,with a 1200 square foot house and a 400 square foot garage,there is a little over 4800 sq.feet involved so there's a deficit of about 500-550 square feet.Mr.Thompson said there was concern with 18 ft. garages because that was bare minimum,i f the Planning and Zoning Commission had a problem,and wanted 19 or 20 feet,the owner agreed to comply. Councilman Perkins asked Mr. Thompson i f the discussion was over garages or carports. Mr.Thompson stated the application erroneously asked for garages and clarified that the people wanting homes were asking for two car covered parking,whether i t be a garage or a carport. Councilman Perkins asked how many of the current homeowners were contacted. Mr.Thompson stated they were all contacted through certified mail. Councilman Perkins asked i f there was only one negative response to the notification. Mr.Thompson stated Councilman Perkins was correct and added the negative response was a concern over blocking the view of the mountains from the west side. Councilman Perkins asked Mr. Thompson to estimate how many of the residents are winter visitors. Mr.Thompson stated on the north end winter visitors probably made up 50 percent.He stated he did not believe winter visitors made up even 20 percent in the single family area.He stated most of the homes are now occupied all year. Councilman Perkins confirmed with Mr.Thompson that he has no problem with the 20 by 20 garage. Mr.Thompson stated the Planning and Zoning Commission had expressed some concern when he asked for 18 foot garages which is the minimum size allowable. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 6 Councilman Perkins asked i f the option of a 20 by 20 garage would apply for both models. Mr.Thompson stated that two models are presently being offered,one is 1118 and the other is 1204.He stated as the 1204 is presently designed,a 20X20 garage is not an option,but an extra foot in depth could be made which will maintain the footage and give them the same garage with that house. Councilman Perkins asked i f Mr. Thompson would be able to supply approved blueprints with these options to the City. Mr.Thompson stated the most frequently built model,the 1118,has the 19 by 19 two car garage option on the plan the permits were pulled with. Vice Mayor Eidson stated the City has over the years allowed for a number of major amendments and the first thing that came to his mind when he received the packet was that enough is enough. Mr.Eidson stated that as he has since realized that this is a fenced area and has already reached the point where a fire truck etc.cannot get in.He stated i t seems reasonable to try to help them one more time because times are hard across the country.He stated maybe this can help the developer and asked Mr. Nakagawa,Mr.Broman,and Mr.Grandy i f they thought the City was really setting a precedent by allowing what is being requested in this one small area. Mr.Nakagawa stated he has known other developers to become aware of previous approvals and ask to be treated similarly. Vice Mayor Eidson asked i f the circumstances didn't have to govern a decision and asked i f the City should apply one flat regulation to all circumstances and live with it. Mr.Nakagawa stated the City tries to apply a different criteria for planned developments where they are asking for smaller lot sizes.He said the City typically asks for additional open space or additional amenities of some type which has been difficult in this case.Mr. Nakagawa stated the City tries to bend over backwards for conventional home subdivisions but care must be taken because other developers may wish to be treated accordingly. Vice Mayor Eidson asked i f there was any other negative impacts that will cost the city. Mr.Nakagawa said one concern was fire protection but the Fire Marshall stated she had no concerns with regard to fire protection and the reduced setbacks. Vice Mayor Eidson asked i f there was a way to grant the request and also provide insurance that the granted amendment would be adding a garage or parking area and not a bedroom. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 7 Mr.Nakagawa stated approval of this case would stipulate that the expansion is to go no further than a large garage. Councilman Perkins asked i f i t was accurate that some of the carports or garages have already been enclosed in that area. Mr.Nakagawa stated he understands that there is one zoning violation where it might have been done. Councilman Perkins asked how the City can stop a homeowner who takes a two car garage and closes i t off,moves the family in,and parks the vehicles out front. Mr.Nakagawa stated the City could cite them from violating provisions of the zoning code and for violating the stipulations on this particular planned development. Councilman Perkins asked i f the Council is creating a situation that will come back with numerous citizens whenever someone wants to turn their garage into a family living area.He asked i f the City Council has an obligation to see that the zoning requirements that are set can be met.Mr.Perkins said the citizens are already up in arms because they believe the government is telling them what they can and cannot do with their property.He asked how the City is going to stop a person who wants to enclose his garage and make a family room out of it. Mr.Thompson stated that particular situation exists in every subdivision in Apache Junction and is not unique to Sunny Lanes and happens regardless of whether there is a two car or a single car garage. Mayor Damiano asked about setbacks. Mr.Nakagawa stated the zoning code currently states that i f there is alley access in the back of the property side yard setbacks can reduce by a few feet,but i f no alley access exists in the back a minimum 10 foot side yard setback at least on one side must be maintained. Mayor Damiano stated this particular development is extremely unusual when compared to other developments in the City.He stated he understands the discussion but that times are rough and he can't see putting restrictions on during times like this. Councilman Cox stated that having spent most of his life on the fire department,he knows the situations that can arise i f a fireman can't get through.He said the place is going to burn and anybody inside will be gone.He said he would hate to see i t happen here and even with one of the best fire departments in the State,people will be lost in this type of situation. Mr.Thompson stated there is alley access,the truck can be driven behind each of the residences even with the five REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 8 to five and a half foot wall.He stated the wall is on both sides and outside of the subdivision. Councilwoman Alger stated any time the City Council takes action i t sets some kind of a precedent somewhere which comes back to rest with Council.She stated there have been requests before to make adjustments in planned developments because what began as a good idea didn't turn out to be such a good idea.She stated that an extra five feet may make the house sellable today but in two years possibly there will be another adjustment requested because the property still cannot be sold.She stated she is not comfortable with setting a precedent to constantly readjust in order to create the ability to sell something and added that the next person to come along may not have as good a reason for adjusting his property.Councilwoman Alger stated there has been a fire in that subdivision and the units on each side were affected by that fire. Councilman Cox stated he has been retired from the Fire Department for over 30 years and still has nightmares about dead children he carried out of burning buildings.He stated he does not want to see anybody go through that because one never gets over it. Mayor Damiano asked if anyone in the public wished to speak in favor of the item. Mr.Brian Fesser,145 N.74th Street,Mesa,stated Sun Valley Estates is and will continue to be a major revenue contributor to the City of Apache Junction,both in taxes and property values.He stated the subdivision is an example of what many subdivisions in Apache Junction should look like with paved roads,curbs,street lighting and the like.Mr.Fesser stated Apache Junction has received the appropriate amenities in the past and i t is time the significant contributors be recognized. Mr.Keith Bullock,7638 East Sheridan St.,Scottsdale,Arizona,stated he is still excited about his project; he has worked very closely with the fire district and was unaware there were any serious access problems for fire trucks with both alleys and the street.He said he hates to ask for these changes,hopes this is the last one,and does not think this setback will affect every home they sell. Mr.Mark Nielson,620 South Stardust Lane,Apache Junction,stated he lives in the subdivision under discussion and is in favor of allowing this although he does not believe i t will affect every home.He said for those that it will affect,property values will be increased and the city will benefit. Mayor Damiano asked i f there was anyone wishing to speak against the item.There being no one wishing to speak against the item,the Mayor called upon the Planning Division Manager to present their recommendation. Jim Nakagawa,Planning Division Manager,stated denial of the planned development amendment was recommended in this case for the reasons previously stated. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 9 There being no one in the public wishing to further address the item,Mayor Damiano closed the hearing to the public. Councilwoman Alger stated a statement had been made that this amendment might not affect more than two or three homes and asked i f there was any reason the Board of Adjustment could not be used to obtain a variance on those cases in question. Mr.Nakagawa stated there are criteria that need to be satisfied in order for the Board of Adjustment to grant the variance.He said the criteria usually has to do with the physical characteristics of the property which somehow constrains the unit from being placed in a certain location.He said i t might be difficult to find a justification for a Board granted variance in this case. Councilwoman Alger asked if a person would have to get building permit i f they already had an enclosed garage and wished to convert i t to living space.She asked i f anything done inside could be done without anybody on the outside knowing what was going on. Mr.Nakagawa stated i t would not be legal to do that and also the planned development zoning does not permit the enclosures of garages. Councilwoman Alger stated i t is possible that the City could control what happens i f there are carports because one can physically see an enclosure;she stated the City cannot control what happens with a closed garage.Mrs.Alger stated i f the City is going to make another exception she would be inclined to go along with allowing i t for carports only.She stated she would not be in agreement with a garage. Councilman Perkins stated he would like to clarify that his position is not that he is opposed to development in Apache Junction;his concerns are the same as Councilwoman Alger.He stated he is not against the setbacks but is concerned about garages because there will be some who turn them into living areas and will then begin parking on the street whether or not i t causes a traffic burden.He acknowledged the uniqueness of the subdivision,stated i t is the Council's responsibility to look out not only for the builder,but also for the people who will be living in that subdivision,and added he would be in agreement with Councilwoman Alger that i f the setback change is to be allowed i t be for carports only. Mayor Damiano asked the Attorney i f the suggestion made by Councilwoman Alger and Councilman Perkins could be accommodated. City Attorney Glen Gimbut stated he believed the City can allow a variance of the ten foot setback on one side to five feet only in the case of carports.Mr.Gimbut explained that the Council would be taking an action that is within the request before the Council from the Planning and Zoning Commission and,because i t is within the request and is more restrictive in nature than the application or the matter considered by Planning &Zoning,the Council has the power to do it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 10 Councilman Perkins asked i f staff would have any problems i f the requested adjustment was amended to allow for carports only. Mr.Nakagawa stated the objections are probably lessened with the carports than with the garages. Councilwoman Barker pointed out that the reason given for setbacks was access to the rear yards and added the gentleman stated there is a double gate which would give adequate access to the rear yard from the alley;she then asked i f that is correct. Mr.Thompson stated the double gate exists only in one area for the emergency vehicles as was part of the original plan. Mayor Damiano asked i f each lot to go before the Board of Adjustment would go one at a time or in mass. Mr.Gimbut stated it would be one at a time and added the problem is that a variance is requested because the uniqueness of the characteristics of that particular lot or site.He stated the problem here is that there is really nothing unique that fits in the City's variance standards. Upon Council's request,Mr.Bullock was allowed to address Council and stated that the logistics of selling real estate makes i t not feasible to come in on individual variances because the process is too time-consuming and buyers will not wait.He also stated that he is confused about the five feet allowable for a carport only.He stated this indicates a concern that the proposed double garage can be converted to living quarters,reminded the Council that presently a single garage can be built and the Council is not as concerned about converting a single garage to living quarters. Councilman Edison asked Mr.Bullock i f he was opposed to having things set up where they could only have carports. Mr.Bullock stated they would prefer to be able to offer double garages as well as carports. Councilman Eidson MOVED THAT ORDINANCE NO.802 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: REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 11 ORDINANCE NO.802,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ALLOWING A PLANNED DEVELOPMENT MAJOR AMENDMENT FOR SUNNY LANE ESTATES SUBDIVISION BY AMENDING ORDINANCE NO.645;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Eidson MOVED THAT ORDINANCE NO.802,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. There being no second,the motion failed. Councilman Perkins MOVED THAT THE ORDINANCE BE AMENDED TO ALLOW THE SETBACK FOR CARPORT OR DOUBLE CARPORT ONLY. VOTE:UNANIMOUS The motion carried. Mayor Damiano called for a recess. ORDINANCE NO.804, AMENDING LIBRARY POLICIES BY REPEALING ORDINANCE NO.614 Library Director to address the item. Councilman Cox seconded the motion. Mayor Damiano called upon the Library Director Pam Loui stated the City has attempted to implement Ordinance 614 for quite some time and has met with much less success than anticipated when i t was adopted in March of 1988. She stated the Library has found that the paperwork needed to satisfy legal requirements was much more time consuming than the benefits derived.She said she has spoken with the City Manager about another method of retrieving lost items or overdue items for the library that would be based on the use of a special kind of collection agency who has agreed to provide the library with forty cases for approximately $380.00.She said this agency has been used very successfully by the Chandler Public Library.She stated that Trans World Systems,the collection service that has been offered to the Library,was approved by the Library Board of Trustees as a reasonable alternative to Ordinance No.614.She stated their request is that Ordinance No.614 be removed. Mayor Damiano asked i f there was anyone wishing to address the item.There being no one wishing to address the item,the hearing was closed to the public. Councilman Perkins MOVED THAT ORDINANCE NO.804 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 12 Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NUMBER 804,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING ORDINANCE NUMBER 614,AN ORDINANCE PROVIDING FOR LIBRARY POLICIES AND PROCEDURES REGARDING THE DESTRUCTION AND THEFT OF LIBRARY PROPERTY. Councilman Coleman MOVED THAT ORDINANCE NO.804,AS READ BY THE CITY CLERK BE APPROVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS AB -91-03,CRAIG & JULIA HARMON PROPOSED RESOLUTION NO.91-35 ABANDONMENT OF SECOND AVENUE EAST FROM BELAIR STREET 300 FEET City Engineer Gordon Grandy identified the area for the public on the aerial map.He then stated the item is an abandonment of the easement which was granted by a particular property owner as a criteria for obtaining a building permit to set a mobile home on a lot back in 1987.Mr.Grandy stated that since that time the policy has changed and the dedication of right-of-way is no longer a criteria to obtain a residential building permit;i t is a not opened,is an unused dedicated right- of-way,and exists as a dead-end condition.Mr.Grandy stated the applicant came to the Engineering department and requested an abandonment,Engineering went through its procedure for the first time since the procedure was changed where by the Transportation Board also heard the case.Mr.Grandy stated that at the staff level i t has been reviewed by the Development Coordinating Committee who,in the majority,recommended abandonment and then on to the Transportation Board who heard the case and unanimously recommended to forward a recommendation of abandonment to the City Council.He added all the documentation,the recommendation,and the reasons for the recommendations are provided. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 13 Mayor Damiano asked how the property owner of 11A which is directly south is going to get access to the east side in the event of a lot split in the future. The City Engineer stated that in that particular instance i t may be a burden on the particular owner to provide all of that right-of-way to do that lot split,but 11A recently obtained a building permit to put a building on his lot and was not required to grant the additional dedication to obtain his building permit.He said i f the particular landowner wanted to lot split and Second Avenue was already there,he would get full advantage of somebody else's land to provide him the benefit of splitting the lot.He stated i t is a separate issue but is a possibility that at a staff level would not be allowed at this time.Mr.Grandy stated that particular landowner gave his permission. Mayor Damiano asked i f there was anyone wishing to address the item. Councilwoman Barker MOVED THAT RESOLUTION NO.91-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY, DESCRIBED AS SECOND AVENUE,300 FEET EAST FROM BELAIR STREET DESCRIBED IN ABANDONMENT CASE AB -91-03,IS NO LONGER NECESSARY FOR PUBLIC USE AS A STREET AND IS HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC USE AS A STREET,AND IS HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,IS APPROVED AND ADOPTED. motion. VOTE:Unanimous. The motion carried. Councilwoman Alger seconded the Councilwoman Barker stated she is acquainted with some individuals on the next item,and she did not feel she could render an objective decision,and therefore requested to be excused. REVIEW AND ACTION ON RECOMMENDATION BY PERSONNEL REVIEW BOARD ) )City Attorney Glen Gimbut stated Rule XXII,Section 6 of the Personnel Rules provides that the City Council shall review the findings and recommendations of the Personnel Board and may then affirm,revoke,or modify the action recommended.Mr.Gimbut reviewed for the Council the documentation they had in their possession pertaining to this item. Lewis to address the item. Mayor Damiano called upon Mr.Paul Mr.Paul Lewis,9609 E.Ellis Circle,Mesa,stated his reason for appearing is that he is trying to retain his job.He stated he made an error in judgement and when asked about i t he did not try to hide the fact or cover i t up.He stated there was another employee REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 14 involved who received discipline very different in that he was given a five day suspension without pay,and during the five days worked for the Operations Superintendent at his home.Mr.Lewis stated his belief that the other employee's personnel file should also have been before the Personnel Board to demonstrate where the slap on the wrist stops and the serious discipline begins. Mr.Lewis stated he was terminated for not performing his duties that day along with the poor example set for the other employee.He stated his job duties that day were performed.He stated he was to go to a trade show after starting the crew on their daily work,which he did.He said that on the way back from the trade show they stopped for lunch,had two or three beers with their lunch,and after leaving the restaurant stopped and got a six pack of beer which they drank on the way back to Apache Junction. Mr.Lewis stated that during the Personnel Hearing Mr.Alexander kept bringing up the fact that he was 47 years old and the other employee was 36.Mr.Lewis emphasized that he neither forced or coerced the other employee to drink the beer;from his size,anyone who knows him would know that it would be impossible to do so.Mr.Lewis stated Mr.Alexander kept telling him that he was to set an example for his men and this was a bad example. Mr.Lewis went on to outline and detail a number of perceived inequities in treatment and discipline,he acknowledged that there was no excuse for what he did,stated he did not believe there was a quorum on the Personnel Review Board when they heard his appeal,and added that one of the Board members,Mr.Arnold, does a lot of business with the City which constituted a blatant conflict of interest.Mr.Lewis outlined for the Council his accomplishments while employed by the City,addressed waste of money,and spoke of coverups. Mr.Lewis stated he is not saying he shouldn't have been punished,but is saying the disparity in the punishment is wrong.He stated you do not give one man five days off and fire another. Mayor Damiano thanked Mr.Lewis and recognized David Alexander,City Attorney. David Alexander,6915 E.Apache Trail,Mesa,Arizona stated that at the time of the hearing he was the attorney representing the City staff and stated his desire to briefly comment on several things about what Mr.Lewis has said.Mr.Alexander reiterated the words of advice given to Council by Mr.Gimbut which were he stated that this item is a review of the record,and although Mr.Lewis has the right to argue to Council, the Council's decision should be based upon the record before Council which consists of the exhibits as well as the provided transcript.Mr.Alexander stated that on page 31 of the Court Reports transcript the four reasons stated are the reasons the Personnel Board had for the action.Mr.Alexander read: "All appropriate appellate and grievance procedures required by City Personnel Policies were followed."Mr.Alexander stated this means that Mr.Lewis was given the opportunity of review through the Personnel heirarchy.Mr.Alexander read,"That Mr.Lewis was the supervisor of Mr.Bower.Mr.Lewis drove a City vehicle while drinking beer and under the influence of intoxicants.The City vehicle was driven Mr.Lewis during working hours."Mr.Alexander stated those are the four reasons that the Personnel Board had in making the findings and recommendations to the Council.Mr.Alexander said that on pages 14 through 16 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 15 of the Court Reporter's Transcript the responses of Mr.Lewis to questions from himself concerning Mr.Lewis's relationship to Mr.Bower.Mr.Alexander said that Mr.Bower is the other individual involved in the situation,and Mr.Lewis was responsible for Mr.Bower.Mr.Alexander stated that when one is responsible for an individual,one is responsible for the safety of that particular person.He said the evidence indicated that the person responsible for the safety of Mr.Bower admitted in the hearing that he was driving a vehicle and was under the influence of intoxicants.Mr.Alexander urged the Council to make a decision based not on what Mr.Lewis stated this evening or what Mr.Alexander said this evening but rather on the statutory charge which is to review the record prepared by the Board and make the appropriate decision. Mayor Damiano asked about Mr. Lewis's statement that there was no quorum of the Personnel Board. Mr.Alexander confirmed that three members of the five member board were present and there was a quorum to hear the grievance. Mr.Gimbut,City Attorney pointed out that at the time of the hearing Mr.Lewis was present,Mr.Lewis's attorney was present,they made their case,and there is no mention in the record,even though opportunity existed,of any objection to Mr.Arnold participating in the hearing or being on the panel. Councilman Coleman MOVED THAT THE RECOMMENDATION OF THE PERSONNEL REVIEW BOARD REGARDING THE APPEAL OF EMPLOYMENT TERMINATION FILED BY PAUL LEWIS BE AFFIRMED. Councilman Cox seconded the motion. VOTE:Unanimous (Councilwoman Barker did not participate on this item.) The motion carried. COUNCIL DISCUSSION ON RELATIONSHIP BETWEEN THE CITY AND THE FIRE DISTRICT ) )Councilwoman Alger stated that in the past few weeks i t has come to her attention that the citizens have many questions and speculations about the City's position on the Fire Department. She stated some months ago the City considered a City Fire Department and it was determined not to be one of the City's priority items.Councilwoman Alger stated she believes the City's position remains the same;i t is important that the City's position be clarified for the citizens sake and asked i f the rest of the Council was in agreement or i f they had another opinion. Councilman Coleman stated that he was not on the Council when it was discussed but he was in attendance at many of the meetings when i t was discussed.Councilman Coleman stated his position at that time,as a candidate for Council,was that he did not see the need for a City Fire Department and until such time until i t is economically feasible or there are problems with service his feelings remain the same. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 16 Councilman Cox agreed with Councilman Coleman and stated the only thing he believed the Council needed to do with the Fire Department is support them 100 percent. Vice Mayor Eidson stated he does support the Fire Department 100 percent but when he became aware of the amount of tax increase coming up to support the fire district in the upcoming year he did do some heavy thinking. Councilman Perkins stated this is a subject close to him and he believes there is never going to be a perfect situation,whether i t be the Fire District or a City run Fire Department. Councilman Perkins stated he believes the problem over the past few years has been cooperation between different entities in the area.Mr.Perkins stated the City is basically trying to grow and to serve the citizens as economically as possible and there is a Fire District that is providing a top -of -the -line fire service with EMS included.He stated his belief that one could not go to any other established City and find more dedicated and highly trained employees. Mr.Perkins said nothing is perfect,and i t is not cheap to provide a fire service;he said he is not saying the Fire District is perfect,but any change that comes about or anything that is done to reduce what is placed upon the citizens residing in the area,whether i t be in the City or in the zone of influence,is going to have to be a cooperative effort.Mr.Perkins stated there are areas where each can help the other and i t is time that petty differences be set aside. Councilwoman Barker agreed with Councilman Perkins,stated i t is time to join forces with the various entities all around:county,fire districts,etc.for cooperative effort.She stated the City of Apache Junction cannot economically afford a Fire Department. therefore,we have a good fire district. Mayor Damiano stated he has seen the Fire Department go from volunteer to what exists now and the City has always had a good fire department.Mayor Damiano said a couple of years ago a study was made and i t was found that there were major expenses involved in acquiring a Fire Department and it was not a priority item.and was dropped. Vice Mayor Eidson stated he basically agrees but he also believes,that as a tax paying member of the community,i f some committee can show where the fire department can be operated on 2/3s of what i t operates on now,mainly due to duplication of services,he will be behind i t 100 percent. Councilwoman Alger stated i f the Fire District is given time and support some of the changes they are looking at in the future will assist with the tax burden of the tax.She stated they have reached the point,like the City,where streamlining is the next step,and patience is necessary. Councilwoman Alger MOVED THAT THE ONLY ACTION TO BE TAKEN REGARDING THE RELATIONSHIP BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION FIRE DISTRICT BE ONE OF COOPERATION AND SUPPORT. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 17 Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. ZONING ENFORCEMENT THROUGH THE POLICE DEPARTMENT ) )Assistant City Manager George Hoffman stated that currently there is a vacancy in the zoning portion of the Building and Safety Division.He said the position can either be filled with a civilian zoning enforcement person or there is an option available to fill i t through the Police Department.He explained the reason for considering the later is that the City utilizes a long form complaint procedure which entails the need for notification,and documentation,which is a long,very time- consuming process.He said that one of the questions considered was whether or not the process could be utilized like a police officer's "short -form"process or civil citation process.He stated he consulted with David Alexander and then with Glen Gimbut,and the answer is that i t probably cannot be done.Mr. Hoffman stated that i f the City wants to use a short process,i t can be accomplished by adding a person to the Police Department rather than replacing the person in Zoning Enforcement.Mr.Hoffman emphasized that the person would still be dedicated to the zoning enforcement function and a much improved response time could be achieved.Mr.Hoffman stated that a staff member who had been a police officer found that people responded to him better when he was in uniform than they did when he was dressed as a civilian.Mr.Hoffman stated he believed the City will find not only an improved response time,but also that people will react better.Mr.Hoffman stated he had spoken with the Chief of Police who is enthusiastic about the project. Vice Mayor Eidson asked Mr.Hoffman i f he was saying that the City would be hiring just one Police Officer to ride around the City to do that. Mr.Hoffman stated there is a vacancy in Building Safety for a Zoning Enforcement Officer,and rather than placing that body in Building Safety they would put i t in the Police Department. He said the primary task of this officer would be to work on litter,weeds, abandoned vehicles and that sort of thing. Vice Mayor Eidson clarified that the function would not be to go around trying to catch people who didn't get a building permit. Mr.Hoffman stated the focus would not be on building permit issues;i t would be on zoning issues just as i t is now.He said the responsibility would simply be shared with another department. He stated the City still has a civilian zoning enforcement officer and there are still cases where,for example,there are out-of-state property owners and the long form complaint will still have to be utilized.He emphasized that this is REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 18 not to say there will be no more long form complaint procedures;they will still exist. Vice Mayor Eidson asked i f i t wouldn't make sense to have a training course for all the officers so that i f they see the violation they can write the ticket rather than call someone else to write i t up. Assistant City Manager George Hoffman stated that one of the things discussed with the Chief was having the individual with that function assist other officers in becoming more aware of the problem and referring those concerns to the individual which will allow the City to eliminate some of the problems. Mayor Damiano asked where the position would be placed in the budget. Mr.Hoffman stated he is proposing the budget continue to remain with Development Services and the mechanics would be worked out with the Finance Director.Mr.Hoffman further stated the Police Officer would be under the supervision of the Chief and his structure;the individual will be a police officer and will be working within the structure of the police department.He said both departments will coordinate on goals and objectives i f there is an area of the City to be targeted,or there is some sort of special project.Mr.Hoffman stated the objective of this particular law enforcement position is dedication to the function of zoning enforcement but i t is acknowledged that there will be times when emergency law enforcement situation arise and this position would be utilized. Councilman Cox stated he liked the idea. In response to Councilwoman Barker's concern,Assistant City Manager George Hoffman stated the reason he wishes to keep the position under Development Services is because he believes there will be a natural incentive for the position over time to have more and more police sorts of responsibilities.He stated his concern is to ensure that zoning enforcement gets done and funding from Development Services will help to insure that. Chief McDaniel stated that many departments have code enforcement officers in the Police Department and they receive complaints,work them up,and carry them through. Mayor Damiano stated he likes the idea because currently i f someone has a violation i t takes more than 30 days to have i t cleared up;this way they will be cited and they've got to clean i t up. Mr.Hoffman stated that recently there was a complaint received and within three hours of the complaint,the person had not only been spoken with but the Chief had the situation resolved by the end of the day. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 19 Mayor Damiano stated that the people want this;they want the areas cleaned up now;they don't want to wait for junk cars,litter,whatever;the people want results and this way i t can be done. City Manager Michael Lee stated that realistically there are going to be some people who are not going to like it and there will be people complaining. Chief McDaniel stated the intent is not to cite these people right away when arriving at the property;the intent is to try to work with them and give them a reasonable amount of time to clean i t up;i t they fail to do so then they will be cited into court. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE CITY ATTORNEY AND TO THE APPROPRIATE CITY STAFF, THROUGH THE CITY MANAGER,TO TAKE NECESSARY ACTION TO IMPLEMENT THE ZONING ENFORCEMENT THROUGH THE POLICE DEPARTMENT. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. TRANSFER OF FLOODPLAIN ADMINISTRATION DESIGNATION FROM BUILDING AND SAFETY MANAGER TO CITY ENGINEER Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO TAKE APPROPRIATE ACTION REGARDING THE TRANSFER OF FLOODPLAIN ADMINISTRATOR DESIGNATION FROM THE BUILDING AND SAFETY MANAGER TO THE CITY ENGINEER TO INCLUDE DIRECTION TO THE PLANNING AND ZONING COMMISSION TO CONDUCT A PUBLIC HEARING TO MAKE ANY NECESSARY CHANGES TO THE ZONING ORDINANCE. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COMMUNITY VISION PROJECT )Councilwoman Alger stated that ever since the Community Forum last year,she had been working with the vision project,first to help get the vision taskforce organized and then as interim chairman of it,trying to get a leadership established.She stated i t has been very slow and because of summer,what is being done at the present time,is members from each of the different entitities in the community are being encouraged to join with the vision committee on the fourth Monday of each month REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 20 to contribute whatever knowledge they have about what their particular group is doing.She stated they are particularly targeting the Main Street committee from the Chamber,Apache Junction Clean and Beautiful,any of the major entities who have programs involving anything that would enhance or work with the vision project.She said one of the things they would like to have the Council do,is to pass a resolution in support of the community vision project.She asked that the Council consider giving direction to the staff to prepare a resolution in support of the Superstition Vision Forum. Assistant City Manager George Hoffman asked i f the group is viable. Councilwoman Alger stated with some support from the groups involved i t can be viable.She stated that at this point,because of a lack of vision,it was determined to organize the task force without benefit of the major entities in the community.She stated the people involved with the taskforce feel this was a major mistake and have requested that these entities be involved and members of all the major boards and elected officials be involved with the group. Vice Mayor Eidson asked what kind of recommendation this group of people will bring to the City Council in the long run. Councilwoman Alger stated i t would be dependent upon the particular aspect each group looked at.She stated i t could involve recommendations for changes in the zoning ordinance;i t could involve changes in the City Code,or recommendations to the Pinal County Board of Supervisors,or the School Board.Mrs.Alger stated i t would effect every aspect of the community. Vice Mayor Eidson stated he does not want staff getting involved with anything that is going to require a large amount of time unless the Council has an idea where it's going. Councilman Perkins stated when he was running for City Council,and even before,one of the biggest complaints he heard was that this City has no idea where it's going and has absolutely no Inkling of leadership.Mr.Perkins stated this is an opportunity for the City Council to get everybody involved;not just people within the City limits but also the people in the fringe areas,Gold Canyon,the people who run the Fire District,the Board of Supervisors,etc.,to come together and establish what is wanted.He stated this is an opportunity to be able to say,"this is what we want,these are the goals we have,this is where we want to be in five years, this is where we want to be in ten years."and work toward those goals.He stated that as i t stands,the City is only doing crisis management and until some goals are established and the City gets serious about reaching them, all that will be done is crisis management.Mr.Perkins stated he was in favor of the vision project. Councilman Coleman stated he agreed with Councilman Perkins,and this will give the City a better chance to be proactive rather than reactive on many issues. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 21 Councilwoman Barker stated this kind of thing is not new,i t has been done for many years in many cities.She stated this provides anyone with an opportunity to have a voice in the future of the community. Vice Mayor Eidson stated that he agrees with the concept,but things of this nature have been tried over the years and every time i t is tried i t seems to come back to the Council,and the Council and the City tell people,especially business people,what they have to do and how they have to spend their money. Assistant City Manager George Hoffman stated he believes the Vice Mayor has a valid concern and he also very much agrees with what Councilman Perkins and Coleman have stated.Mr.Hoffman stated the City recently received $10,000 from the State to prepare the first capital improvements plan.He stated i t is a five year plan of what physical infrastructure the City wants for the Community and the plan for paying for it. Mr.Hoffman stated one of the reasons the city received that grant is because a process was built in requiring a lot of public input and the business community needs to be included to find out what kind of infrastructure they want,and then rather than just leaving a wish list there,finding out what they are willing to pay for.He stated the capital improvement plan has to have a revenue component to i t and he believes that may be a concrete,hands-on project the vision committee can assist the City in preparing one small component of community vision and that is what physical infrastructure do we want to have in this community,where,and what type,and how are we going to pay for it. Councilwoman Alger stated Mr. Hoffman's suggestion may be an ideal way for the vision committee to get a foothold.In response to Mayor Damiano's concern about money,Councilwoman Alger stated that one of the concerns expressed by everyone at the forum was how to support the vision committee.She stated all of entities involved in the forum agreed that there were in -kind services they could offer where they could not offer dollars,and other dollars would have to be found from the business community and private donations.She stated that is something that will be worked out over the long term,and stated her belief that the City should have some kind of a committment to the program or i t will not fly.She said the School Board,the Fire Board and the Chamber of Commerce Board should all put in some kind of committment and support even i f i t is only an exchange of staff time or copy machine time or something to help this body become a real community entity. Mr.Hoffman stated part of the reason for the $10,000 is to pay for things like the staff time necessary to prepare the capital improvements plan which is one small subset of community vision. City Manager Mike Lee stated that long range planning is as important as short range planning and the City needs to begin paying more attention to it.He reminded the Council the City introduced this project at the Community Forum and at that time people decided it would be more effective for the City not to be in the lead at that time.Mr. Lee stated this is an important staff tool which assists the City in progressing REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 22 in an appropriate direction.He stated that when the budget is put together i t helps in setting priorities for the allocation of resources. Councilman Perkins stated he disagrees with the rationale that the City should step back from certain things. He stated he believes the Council is shirking its duty when i t does not have the backbone to stand up and ask,"What do you want in your community?"and added the only way goals are going to be set for this community is for the City to be a major player in going out and finding what the community wants. Vice Mayor Eidson expressed his concern over Councilman Perkins statements.He stated his concern over the constant demand for money and added he has no problem speaking his mind or his beliefs. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THROUGH THE CITY MANAGER TO THE APPROPRIATE STAFF TO DRAFT A RESOLUTION OF SUPPORT FOR THE SUPERSTITION VISION FORUM AND THEIR CONTINUED EFFORTS TO CREATE A COMMUNITY VISION. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETINGS DATES,TIMES,LOCATIONS,AND PURPOSES: Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BY HELD AT 6:00 P.M.,ON MONDAY,SEPTEMBER 16,1991,IN THE CITY COUNCIL CONFERENCE ROOM;THAT A WORK SESSION BE HELD AT 7:00 P.M.ON MONDAY,SEPTEMBER 16,1991 IN THE CITY COUNCIL CHAMBERS;THAT AN EXECUTIVE SESSION BE HELD ON TUESDAY,SEPTEBMER 17,1991,AT 6:00 P.M.IN THE CITY COUNCIL CONFERENCE ROOM;AND THAT ON NOVEMBER 2,1991,STAFF/COUNCIL RETREAT BE SCHEDULED WITH TIME AND LOCATION TO BE DETERMINED AT THE NEXT COUNCIL MEETING. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS City Manager Mike Lee stated the Alliance meeting is coming up on September 18,asked i f any other Councilmember plan on attending. Mayor Damiano stated he will attend and Councilwoman Barker stated she is tentatively planning on attending. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 23 ADJOURNMENT )Vice Mayor Eidson MOVED THAT THE MEETING BE ADJOURNED AT 9:55 P.M. The meeting adjoured. Consent Agenda Items are as follows: 1.Acceptance of the Agenda. 2.Acceptance of the Minutes of August 6,1991. 3.Approval of Jim Murphy for appointment to the Economic Development Commission to fill a vacancy created by the resignation of John Niebling, said term to expire June 30,1993; 4.Approval of the reappointment of Richard Taylor as a director to the City of Apache Junction Municipal Property Corporation for a term to expire July 1994; 5.Approval of Resolution number 91-04,authorizing the City of Apache Junction Police Department to enter into contract with the Arizona Department of Public Safety for the purchase of an emergency support/command post vehicle with funding provided by the Arizona Department of Public Safety,D.P.S. Contract Number 91-824. 6.Approval to award bids for Fuel;Paving Materials,Sand &Aggregates,Sign Materials,Vehicle &Equipment Tires,Chip Seal Oil. 7.Approval to continue lease purchase for Equipment with Caterpillar. 8.Adoption of Proposed Resolution No.91-33 to allow Assessments to be levied for Superstition View Street Light Improvement District SL 8501-1. 9.Adoption of Proposed Resolution No.901-34 requesting the Pinal County Board of Supervisors to build and operate a transfer station. 10.Adoption of Proposed Resolution No.91-36 to authorize the City Attorney to commence condemnation proceedings for a portion of 16th Avenue right-of-way with an emergency clause. ACCEPTED THIS 17TH DAY OF SEPTEMBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF SEPTEMBER REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 24 ,1991. ATTEST: THOMAS DAMIANO Mayor Kathleen Connelly City Clerk 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 3rd day of September,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this i/d/day of4-0 4 -nt04-,1991. KATHLEEN CONNELLY city cleric REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3,1991 PAGE 25