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HomeMy WebLinkAbout1991-01-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 15,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 15,1991,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:01 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Vehon led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Bluntschly Vice Mayor Damiano Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Councilman Absent:Councilwoman Barker (ill) Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa City Engineer Gordon Grandy Mr.Paul Perkins 481 S.Olmo Apache Junction,Arizona Mr.Jerry Cross 1029 E.Mesquite Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 1 Ms Edyth Jensen Arizona Republic 106 E.Baseline Mesa,AZ ACCEPTANCE OF CONSENT AGENDA )Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED; AND THAT NO.3 AND NO.5 BE POSTPONED TO THE NEXT REGULAR MEETING OF FEBRUARY 5, 1991; AND THAT THE CITY ATTORNEY BE GIVEN THE AUTHORITY,WITH THE CONCURRENCE OF THE CITY MANAGER,TO NEGOTIATE AND ENTER INTO A SETTLEMENT OF THE CONTRACT CLAIM OF DEBBIE FREEBORN,PROVIDING THAT SUCH SETTLEMENT DOES NOT PROVIDE FOR CONSIDERATION IN EXCESS OF $30,342; AND THAT ITEM NO.10 BE MOVED ON THE AGENDA TO FOLLOW THE "CITY MANAGER'S REPORT". Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly called on the representative from Rural Metro Fire Department for presentation of an award. Chief VanMeenen of Rural Metro Fire Department presented an award to Police Officer Teresa Sherwood,for performing CPR and saving the life of a citizen. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 2 City Manager Michael R.Lee stated the Highway User Revenue Fund,which funds the maintenance and construction of the street program,are estimated to be $744,000 (48%)down from the projected and budgeted amount.Mr.Lee explained that this is due to over reporting done by Exxon,but that those funds will have to be paid back resulting in less funds for the next ten months,and this will mean no more capital improvement projects completed this year or new construction projects next year.Mr.Lee added that there will need to be some layoffs in the Streets Department,and possibly in the Engineering Department, but the Council will be appraised prior to any action being taken. Mr.Lee reported that the Southern Avenue project will be completed shortly after the striping which will take place Friday or the following Monday,and commented that he felt the right decision was made after much consideration to pave this particular street,and asked that the Council reserve judgement on the way the street was done until the project is completed. Mr.Lee reminded the Council that this is his anniversary of employment with the City,and informed them that is is necessary to schedule an evaluation. Vice Mayor Damiano commented that there are soft spots on Southern Avenue that need to be redone,but that this normally happens,and asked Mr.Lee to reiterate the reason for the HURF shortfall. Mr.Lee reiterated that the reason was that Exxon was reporting revenues from Pinal County that were not received,and the error was discovered during an audit. Mayor Bluntschly commented that the City has been aware of a problem,but only recently discovered where the problem was. Mr.Lee agreed that the problem was discovered only a week ago. PUBLIC HEARINGS 208 WATER QUALITY MANAGEMENT PROGRAM AMENDMENT THAT WILL ALLOW FOR SEWER CONNECTION AND TREATMENT BY THE CITY OF MESA )Director of Public Works Rich Broman recognized Mr.Al DeHaii,Project Engineer,who has been assisting the City with developing a concept and facilities plan for the 208 Amendment and a multitude of other projects.Mr.Broman explained that the concept of connecting to the City of Mesa waste water system for treatment and phasing in a sewer collection system requires joint amendments to the Central Arizona Association of Governments and Maricopa Association of Governments 208 Water Quality Management Programs.Mr.Broman further explained that this is a required hearing to allow for public comment,and following public comment,the plan will be updated, finalized,and brought back to the Council for consideration and approval. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 3 Mr.Al DeHaii explained that after the modification of the plan and public input,it will be brought to the Council for consideration,and further described the project and costs to be proposed and funded. Mr.DeHaii stated that a modified plan should be brought back to the Council some time next month,an election will be scheduled in May to obtain permission to proceed with the initial sewers and the ability to assume debt,after which the design,acquisition of rights- of -way will be pursued.Mr.DeHaii further stated that construction should begin in January of 1992 with the system scheduled to be completed by Fall of 1992. Mr.Paul Perkins,481 S.Olmo, Apache Junction,asked if Mesa would sell the effluent from the City of Apache Junction. Mr.DeHaii replied that Mesa will treat the sewage into effluent,and will be delivered to the Superstition Springs Golf Course and areas around Leisure World,but that yes,i t is reused. Mr.Perkins asked i f it wouldn't be useful to the City of Apache Junction,and commented that the City of Mesa will be making a profit twice. Mr.DeHaii stated that the effluent does have value,and that the cost the City of Mesa charges to the City of Apache Junction is already adjusted so that they are already getting that value and the rates are set accordingly,but that as yet there is not approval from the various organizations for a contract. Mr.Perkins asked i f the City of Apache Junction is bearing the full cost of installing the sewage line. Mr.Broman replied that the City of Mesa is paying for an 8"pipe,and that the City of Apache Junction would have to pay for an necessary oversizing. is planned to be. 18". this temporary hook-up is planned for. Mr.Perkins asked what the pipe size Mr.Broman replied that it will be Mr.Perkins asked how many years Mr.DeHaii answered that an estimate is seven to ten years,and depends also on when the City of Mesa will need more capacity,so i t depends on growth. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 4 Mr.Perkins asked if when the City of Apache Junction has a sewage plant,will the City of Mesa wish to join the east part of their city into that. Mr.DeHaii answered that i t is possible,as they are downhill from us. Mr.Perkins asked if as household rates were mentioned as $20 to $25,is there a rate set for commercial users. Mr.DeHaii replied that there is not as yet,but there seems to be a Council consensus that commercial should pay an equivalent amount for the amount of sewage. Mr.Jerry Cross,1029 E.Mesquite, Apache Junction,asked why a specific line is to be temporary rather than permanent. Mr.DeHaii answered that the per- manent lines planned for the future will be more than is necessary. Mr.Cross asked i f those people hooked into the temporary line won't have to be rehooked up later. Mr.DeHaii stated that the line will not be removed,but that the wastewater will be diverted to a different direc- tion to meet with the main line,so the line will not have to be full size. Ms Edyth Jensen,Arizona Republic, 106 E.Baseline,Mesa,asked i f there was a comparison with monthly rates charged residents in Mesa and Phoenix. Mr.Broman stated that there was a comparison done,but he didn't bring those tonight. Mr.DeHaii stated that this is available,but they were not brought to the meeting. considerably less. Ms Jensen asked i f they are charged Mr.DeHaii replied that they are not considerably less,but that it must be kept in mind that they are paying the costs of a treatment plant,and with this plan Apache Junction is not. Ms Jensen asked what the approximate General Fund subsidy would be for the first two or three years. Mr.DeHaii answered that it would be $300,000,and that until development and connections occur there will not be user fees. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 5 Mayor Bluntschly asked i f there was anyone else who wished to speak. Mr.DeHaii reminded the public that staff is available should anyone wish to call with questions. Vice Mayor Damiano asked i f the City of Mesa bills are broken down. City Manager Michael R.Lee replied that they are,and he understands that the contract will include a provision that i f in the event that the City of Apache Junction is able to utilize the effluent that there will be a mechanism to do so. Mr.Broman added that if Apache Junction has a distribution system in the future and we have a need for the effluent,it will be negotiable. Councilman Vehon that a paragraph in the plan leads him to believe that there has not been sufficent public support generated in Apache Junction for a sewage system,and actually i t seems to be more an issue of economics than public support,and that may need to be addressed also. Councilman Vehon also expressed con- cern that there be more alternatives for finances,or at least more flexibility to make any changes included in the 208 plan. Mr.DeHaii explained that 208 agen- cies are not concerned with the cost or source of funding -they are concerned with water quality and collection,handling and distribution of waste,and that the cost information are for the City and public and any change would not affect the 208 plan. Councilman Vehon asked if due to finances,the City decides to build a mile or so a year so that there is not a commitment to those payments. Mr.DeHaii replied that i f this is likely to happen,then i t should be stated in the plan,but that this would not be a change in the plan but rather the schedule. Councilman Vehon commented that i t could be easy to include in the plan that this could be done all at once or in stages. Mr.Broman outlined the concept of new development being required to hook up,and stated that the hook up of existing development would not be required unless there was a failure of existing systems. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 6 Mayor Bluntschly asked i f there was anyone else who wished to ask questions or make comments.There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Mayor Bluntschly explained that this was a public hearing and that there will not be formal Council action taken at this time. PROPOSED ORDINANCE NO.774, PZ-19-90,DOMESTIC VIOLENCE SHELTERS ) )Planning Division Manager Jim Nakagawa explained that this is a proposal to amend the Zoning Ordinance by allowing domestic violence shelters in the CR-5 zoning district,and i f there are such shelters in the City limits,it would be appropriate to allow those as a permitted use without requiring such facilities going through zoning and per- mit process because of State law which prohibits disclosing location of a shelter. Mr.Nakagawa stated that the Planning and Zoning Commission and staff both recommend approval of the proposal. Mayor Bluntschly asked i f there was anyone who wished to address the Council.There being no one wishing to speak, Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.774,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.774,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY ADDING ITEM 6 TO SECTION 15.0602 TO ALLOW DOMESTIC VIOLENCE SHELTERS AS A PERMITTED USE IN ZONING DISTRICT CR-5; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.774,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 7 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.775,PZ-22-90, DELETING POOL ENCLOSURE REQUIREMENTS ) )Mr.Nakagawa stated that in October the State enacted new laws pertaining to pool enclosures and the Council had also adopted similar requirements,however,i t appears that the new state law provides greater protection than our existing requirements and therefore desired to have this version enacted into the Ctiy Code.Mr.Nakagawa added that the Council had given direction that these requirements be removed from the Zoning Ordinance,and that the Planning and Zoning Commission and staff recommend approval. Mayor Bluntschly asked i f there was anyone who wished to address the Council on this agenda item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.775,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Alger seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.775,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY DELETING PARAGRAPHS A AND B OF SECTION 6.0128 WHICH PROVIDES FOR POOL ENCLOSURE REQUIREMENTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.775,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 8 Councilwoman Alger seconded the VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.776,AMENDING CITY CODE CHAPTER 7 BUILDING BY ADDING ARTICLE 7-4 POOL ENCLOSURE REQUIREMENTS ) )City Clerk Kathleen Connelly explained that the Council gave direction to make the changes in the City Code to allow for the swimming pool enclosure requirements,and that the ordinance just approved removes those requirements from the Zoning Ordinance,so in order to have requirements,i t is necessary to adopt something else.Ms Connelly stated that this ordinance is the same as the City of Phoenix requirements. Mayor Bluntschly asked for a brief description of the proposed requirements. Ms Connelly stated that i t enhances the current requirements,such as requiring basic enclosures;designates excep- tions;outlines requirements for swimming pools existing before a certain date; assigns particular responsibilities to the property owner or person in charge to ensure compliance;and establishes barrier details;establishes gate,door and window requirements;and standards for safety covers.Ms Connelly added that i t will be necessary for the Council to designate dates to fill in the blanks in the ordinance. Mayor Bluntschly asked i f there was anyone who wished to address the Council.There being no one wishing to speak, Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.776,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.776,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7 BUILDING BY ADDING A NEW ARTICLE 7-4 REQUIREMENTS FOR SWIMMING POOL ENCLOSURES;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 9 Councilman Eidson MOVED THAT ORDINANCE NO.776,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. City Attorney David Alexander explained that the dates need to be filled in,and the cut off date could be the date the ordinance goes into effect,but also that existing pool owners should be given some time to come into compliance. Councilman Eidson added to the motion THAT THE SWIMMING POOL ENCLOSURE AND BARRIER DETAIL REQUIREMENTS OF THIS SECTION APPLY TO ALL NEW SWIMMING POOLS INSTALLED ON OR AFTER FEBRUARY 14,1991, AND THAT ALL SWIMMING POOLS INSTALLED PRIOR TO FEBRUARY 14,1991 SHALL CONFORM IN 12 MONTHS ON FEBRUARY 14,1992,AND THAT SECTION 7-4-4(6)READ FEBRUARY 14, 1991,AND SECTION 7-4-5(A)READ FEBRUARY 14,1991. Vice Mayor Damiano seconded the addition to the motion. Councilman Vehon asked i f 12 months to comply is required by Statute. City Attorney David Alexander replied that the Phoenix Ordinance allows 12 months,which is what this ordi- nance is modeled from. Councilman Vehon asked i f there will be a problem requiring those who do not meet the standards,to do so within a year. Mayor Bluntschly replied that it may require a complaint to become aware of a noncompliance. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:12 p.m. Mayor Bluntschly reconvened the meeting at 8:23 p.m. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.91-01,CALL FOR SEWER ELECTION FOR MAY 21,1991 REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 10 ) )City Clerk Kathleen Connelly explained that State law requires the City Council to take action to call an election,and this resolution accomplishes that requirement. Councilman Vehon asked i f the limit on the amount proposed to be borrowed should be included in the "call for election". Ms Connelly replied that this will be done when the Council approves the wording on the actual ballot. Councilman Vehon commented that he is still concerned with the timing as pertains to economics,as a lot of the financing is based upon new development,which he doesn't expect to happen for at least another year. City Manager Michael R.Lee suggested that the City remain flexible in not commiting to only one option, and added that i f this action is postponed for a year we will jeapardize our high ranking in the consideration of receiving State Revolving Loan Funds. Mr.Broman agreed,stating that there is a lot of competition for those funds and as we are on the list now,not to proceed would mean bypassing the City of Apache Junction. Councilwoman Alger asked i f there will be a timeframe in which the City has to use the funds. Mr.Broman replied that the funds will not be given in a lump sum,but will be paid out as construction is done and invoices submitted -probably in quarterly payments. Councilwoman Alger asked i f there is a period of time that use of the funds can be delayed. Mr.Broman replied that he did not think so as they are tied to sale of bonds,and there will be a contract listing all of the conditions of repayment. Councilwoman Alger asked i f the City did a mile at a time,would it affect receipt of the funds. Mr.Broman answered that he was not sure,but did not think that the State Revolving Fund would be the way to go with that approach. Mayor Bluntschly commented that if the 10 mile project was segmented in that manner,the cost would go up. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 11 Mr.Lee stated that the City will be paying off a $150,000 per year bond debt service in 1993,which is HURF funds. City Clerk Kathleen Connelly pointed out that and "and/or"has been put in Section A.of the resolution,and that this may give the Council the flexibility when i t comes to the ballot format, not to include the Revolving Fund. Mr.Alexander agreed,and stated that this was a good idea.Mr.Alexander added that i t is the actual ballot format that the Council really needs to be concerned with. Councilman Vehon MOVED THAT RESOLUTION NO.91-01,DESIGNATING A GENERAL ELECTION DATE AND PURPOSE OF ELECTION;DESIGNATING THE DEADLINE FOR VOTER REGISTRATION;GIVING NOTICE OF INTENT TO FORMALLY CALL SAID ELECTION;AND DESIGNATING A DATE FOR SAID ELECTION, BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: EMPLOYEE DONATION OF VACATION AND/OR SICK LEAVE. Assistant City Manager George Hoffman explained that the Council has expressed interest in a program that would allow employees for the City to receive help when they have exhausted their sick and vacation leave,so that they would have some funds coming in.Mr.Hoffman stated that there are two approaches,one with the Council funding the assistance,or the other would be for employees to fund that assistance.Mr.Hoffman offered an example in that when an employee leaves the employ of the City they receive vacation funds,but sick time may not be used and to give it away would basically be a "freebie". Mayor Bluntschly pointed out that an employee may wish to give their vaca- tion time,but also have a vacation planned and can't. Mr.Hoffman stated that i f he were asked what this type of program would cost the City involving the donation of sick leave,it would not be clear because this is time that may not be used at all,and answered that yes,a pool of money could be provided for those in need to tap. Mayor Bluntschly commented that the City is short on funds,but there is a point in time when an employee is in need to receive some time and their time is already donated,this would be putting resources over human/employee needs. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 12 Councilwoman Alger stated that this is about "donations",and to do so i t should be their's to donate,but that sick time belongs to the City until an employee has to use it,so if employees are allowed to donate sick time,i t would be the same thing as creating a fund for employees who have long-term illness.Councilwoman Alger added that vacation time would be the only thing constituting a donation. Mayor Bluntschly stated that this also deprives an employee of helping another i f they don't have the vacation leave available to donate. Councilwoman Alger reiterated that to allow donation of sick leave would be to allow employees to donate something that is not their's until they become sick. Mr.Hoffman asked i f this wasn't the Mayor's intent,to have City support for some employee. Mayor Bluntschly replied that he is in agreement that vacation time should be donated,but there also needs to be latitude where special circumstances may exist where an employee needs time to prevent losing pay,and it may cost the City but it will benefit the City in morale. Councilman Eidson commented that he supported Mayor Bluntschly's feelings, but that there should be guidelines,as i t shouldn't cost the City that much, however,i f i t caused problems i t could be stopped. City Manager Michael R.Lee pointed out that,sadly,some employees abuse sick leave and some are wise enough to realize that they may need i t someday, and an incentive should always be maintained to use sick leave wisely. Mayor Bluntschly added that at least the option should be available. Councilwoman Alger commented that Mayor Bluntschly's concern is well placed and well taken,however,i t should not be the employee's choice to give away sick leave,and i f the Council's intent is to have the ability to assist an employee with long-term illness,then i t should be an administrative decision. Mayor Bluntschly agreed with Mr.Lee's comments,and that an abuser of sick leave may not be eligible for this type of assistance,or fellow employees may not wish to donate for that reason. Mr.Hoffman summarized the Council's comments,that the Council wishes staff to prepare a program that is primarily employee funded ie.vacation donation based,but that there will be some provision for employees who are desirous of donating vacation time to a fellow employee,but don't have enough to do so, that they could appeal to the City Manager to utilize a City -based funding under some guidelines. Mayor Bluntschly agreed that this was the intent of the direction. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 13 Councilman Eidson requested that this be placed on the next agenda with the emergency clause. Mayor Bluntschly questioned the necessity of using the emergency clause on this type of action. Councilwoman Alger commented that Mr.Hoffman's summary was very well done, but that she still doesn't agree with the methodology,and if an employee has a long-term illnes and requires assistance,they should make the request of the City Manager not another employee.Councilwoman Alger added that the City Manager should be the one reviewing the criteria and determine whether or not the person should be helped through an emergency fund of some time. Mayor Bluntschly stated that the City of Gilbert limits the number of hours that can be donated in a calendar year,maybe to 24 hours. Mr.Hoffman reminded the Council that the discussion was to not allow an employee to donate i f they had under a certain number of hours for themselves, such as 40 hours minimum. Mr.Hoffman asked what amount should be designated for this "pot"of city funded money. Mayor Bluntschly asked i f staff could go back for possibly five years,as there are a couple of employees with serious problems,and get an idea of their sick history. Mr.Hoffman replied that case studies could be done with employees,how they have exhausted their accounts and how long they've been out,to come up with a tax dollar expenditure estimate.Mr.Hoffman added that employees are less likely to donate i f the City is willing to assist. Mr.Lee explained that if an employee is not working and they have exhausted their sick and vacation leave,then they are not being paid although the monies were budgeted,so instead of establishing a separate account the money would already be in the budget in the employees salary. Councilwoman Alger asked how long of an illness would this accommodate - three weeks or six months to one year,and what is the policy now. Mayor Bluntschly pointed out that an employee donating sick leave is taking a risk that they are not going to need i t themselves. Councilwoman Alger argued that i t still is not theirs to give. Councilwoman Alger suggested just extending an employees pay,when on a case -by -case basis a need is established. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 14 Mayor Bluntschly stated that this could be placing the City in the position of becoming arbitrary. Mr.Hoffman agreed that it would become a benefit,and i f i t is denied someone there would have to be a reason for doing so. Councilwoman Alger stated that she is against donating sick leave. City Clerk Kathleen Connelly stated that extending pay would be paying someone when they are not on the job,and that perhaps when an employee returns from their leave they could pay the City back,possibly by not being entitled to vacations. Mr.Hoffman commented that it may be difficult to withhold vacation time, and that Chandler had a sick leave program where employees paid back into the pool. Vice Mayor Damiano stated that the Federal government had an incident such as this where an employee ran out of sick leave,and the government loaned him time which the employee repaid. Mr.Hoffman acknowledged that the employee on leave could be paid out of salary,but that wasn't included in the options as he wished Council to indicate solely what the organization is willing to pay,but that staff can come up with an estimate on what that option would cost. Councilwoman Alger again asked what long-term would be. Councilman Eidson commented that i t could be defined on the length of time required to get social security benefits. Ms Connelly stated that it would be six months after the employee is no longer employed. Councilman Vehon stated that he is concerned with the City extending this type of benefit when an employee has exhausted the benefits of vacation and sick time,and that the Council needs to be careful in how the peoples money is spent and making employees a little more responsible for themselves in preparing for these possibility of long-term illness. Mr.Hoffman stated that there are insurance programs that provide for long- term illness maintenance,and this is a way for employees to look ahead for these possibilities. Planning Division Manager Jim Nakagawa stated that the City has a carrier which offers employees two disability programs which he had signed up for years ago to cover disability protection. Mr.Hoffman asked i f that included illness. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 15 Mr.Nakagawa replied that it does,for short-term and long-term. Ms Connelly explained that Colonial gives a set amount for certain types of injuries,and also provides for cancer care. Mr.Nakagawa added that the employee pays for this insurance out of their paycheck. Councilman Eidson commented that i t is hard for employees to have almost half of their pay going to insurance. Councilwoman Alger stated that the insurance is not that expensive,and that they also pay you to have tests in order to keep yourself healthy. Councilman Eidson stated that the only fair thing to do is to provide a way for employees to donate sick or vacation time. Councilman Eidson MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO DRAFT A POLICY FOR THE DONATION OF VACATION AND SICK LEAVE TIME. Vice Mayor Damiano seconded the motion. VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilwoman Alger, Councilman Cox,Mayor Bluntschly Opposed:Councilman Vehon The motion carried. AMENDMENT TO ZONING ORDINANCE TO ALLOW BREEDING AND KEEPING OF REGISTERED VIETNAMESE POT-BELLIED PIGS )Vice Mayor Damiano stated that he has met people who have these Vietnamese Pot -Bellied pigs,and initiated the agenda item to allow these pigs within the City,as they are a pet not for eating purposes.Vice Mayor Damiano added that they should be licensed,and that Scottsdale and Phoenix allow them in their cities as pets. Ms Nancy Robertson,Pot -Bellied Pig breeder,260 W.23rd Avenue,Apache Junction,explained that the breeding program is strictly for house pets and that there are height and weight require- ments to be registered. mal diet is of a Vietnamese Pig. Mayor Bluntschly asked what the nor- Ms Robertson replied that i t is not garbage,but a specially formulated food made by Purina which is low in fat without the growth hormones. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 16 Vice Mayor Damiano added that they do each apples,carrots,and any fresh fruit and vegetables. Ms Robertson commented that they will eat anything given them,but a wise pet owner would keep them on a good diet. Mr.Lee stated that with all of the interest in eating stray dogs in towns,owners should be careful with letting them run loose. Ms Robertson stated that at the cost of the pigs,i t is unlikely there will be any running loose. Vice Mayor Damiano asked how much they cost. Ms Robertson replied that neutered males start at $500,and breeding females start at $2,000,that the meat is not very good eating,and also that their life span is about 20 years. she would typically have as a breeder. Councilman Vehon asked how many pigs Ms Robertson replied that she buys pigs from Wisconsin and also has litters of her own,but that they are all inside just as a Schnauzer with puppies would be. Councilman Vehon stated that his own concern is the commercial aspect,as in dogs a kennel license is required for three or more dogs. Mr.Hoffman asked the City Attorney what kind of language could be incorporated to prevent people from bringing other types of pigs into the City. i f there is a species and genus. City Attorney David Alexander asked Ms Robertson replied that one of the Registers only registers "Vietnamese Pot -Bellied"pigs,one will register other miniature breeds,but they will not register anything crossed with a barnyard or market hog. Mayor Bluntschly stated that the ordinance should include whatever breed they come by. Councilman Vehon stated that the ordinance shouldn't be too specific,as there may be other miniature strains coming into the City that won't be covered. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 17 City Clerk Kathleen Connelly suggested dropping the word "Vietnamese". Ms Robertson commented that the register has dropped the word,as the strain is so domesticated in the United States. City Attorney David Alexander suggested using Scottsdales regulations as an example. Councilman Eidson stated that he didn't think it would be a problem for the community. Mayor Bluntschly explained that the reason Vice Mayor Damiano has addressed the issue,is that swine or pigs are not permitted within the City limits by ordinance,and i f they are to be allowed some type of action needs to be taken to make i t permissible. ordinance disallows swine in the City. apparently was a city girl. Councilwoman Alger asked why the Mayor Bluntschly commented that she Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN TO STAFF AND THE PLANNING AND ZONING COMMISSION,THROUGH THE CITY MANAGER,TO PREPARE THE NECESSARY AMENDMENT TO THE ZONING ORDINANCE,AND TO STAFF TO PREPARE AMENDMENTS TO THE CITY CODE,TO ALLOW THE BREEDING OR KEEPING OF REGISTERED POT-BELLIED PIGS. motion. VOTE:Unanimous The motion carried. Councilwoman Alger seconded the SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, FEBRUARY 4,1991 EXECUTIVE SESSION,FEBRUARY 5,1991 ) )Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION BE HELD AT 7:00 P.M., ON FEBRUARY 4,1991,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON FEBRUARY 5,1991,IN THE CITY COUNCIL CONFERENCE ROOM; REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 18 AND THAT A SPECIAL WORK SESSION BE HELD JANUARY 28,1991,IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Vice Mayor Damiano suggested that people drive with their lights on in sup- port of troops in Saudia Arabia,and reported that there will be a rally in sup- port on January 27th at 3:00 p.m.at the Veterans Gazebo. City Manager Michael R.Lee asked i f the Council wishes to schedule an eva- luation of the City Manager at the next work session,or is i t normally done in Executive Session. Councilman Vehon stated that there is usually some criteria in which to eva- luate performance. Mr.Lee stated that there is a form used for that purpose. City Clerk Kathleen Connelly stated that she has a form for all types of administrative personnel to be used for evaluation purposes. ADJOURNMENT ) )There being no further business to discuss Mayor Bluntschly adjourned the meeting at 9:31 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 18,1990. 3.Approval of Intergovernmental Agreement to authorize Maricopa County to purchase property within city limits in conjunction with the design and construction of Baseline Road. 4.Authority to City Attorney to negotiate an enter into a settlement of a contract claim. 5.Approval of Award of Bid for relocation and construction of Police Department support facilities and remodeling of existing Police buildings. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 19 APPROVED AND ADOPTED THIS 5TH DAY OF FFRPHARY ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk Mayor FEBRUARY CITY COUNCIL MINUTES CERTIFICATION ,1991. 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 15th day of January,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of C//ez7ze.a._,/1991. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 20 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,1991 PAGE 21