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HomeMy WebLinkAbout1990-06-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 5,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 5,1990,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 7:05 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Mayor Bluntschly Vice Mayor Damiano Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director cf Development Services Adriane Brown -Whitt; Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa Assistant Planner Bob Dunn City Engineer Gordon Grandy Controller Keith Lewis Director of Library Pam Loui Housing & Grants Specialist Kurt Knutson REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 1 Others Present:Mr.Ray Harlan 5733 E.18th Avenue Apache Junction,Arizona Ms Nancy Koerner 1026 N.Goldfield Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -7 BE ACCEPTED AS PRESENTED; AND THAT THE CLAIM FOR PROPERTY DAMAGES FILED BY GOVE L.ALLEN ON BEHALF OF LARRY AND PATRICIA SWANDER,BE DENIED; AND THAT THE CLAIM FILED AGAINST THE CITY BY CHARLES HARRISON AS NOTICE OF INTENT TO SUE,BE DENIED; AND THAT THE CITY MANAGER BE AUTHORIZED TO ACCEPT LIBRARY SERVICES IN CONSTRUCTION ACT (LSCA)LITERACY GRANT,AND TO ENTER INTO AGREEMENT WITH THE UNITED STATE DEPARTMENT OF EDUCATION; AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH INTERGROUP OF ARIZONA FOR HMO GROUP HEALTH INSURANCE; AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A CONTRACT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR A CRIMINAL JUSTICE ENHANCEMENT FUND GRANT PROJECT. Councilwoman Barker seconded the motion. Councilman Eidson amended the motion THAT DIRECTION BE GIVEN TO COMMENCE CONDEMNATION PROCEEDINGS IN REFERENCE TO THE SWANDER PROPERTY SINCE IT APPEARS THAT A MUTUAL AGREEMENT/SETTLEMENT MAY NOT BE REACHED. Councilwoman Barker seconded the motion. VOTE (on the amendment):Unanimous VOTE (on the motion as amended):Unanimous The motion carried. Introduction of Distinguished Visitors and Guests REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 2 Mayor Bluntschly welcomed everyone to the Council meeting,and stated that only through participation can the Council receive input as to the public's wishes. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly commented that there was a presentation for this evening, but Assistant City Manager George Hoffman was unable to attend this meeting,so it will be placed on the next meeting agenda. CALL TO THE PUBLIC Mr.Ray Harlan,5733 E.18th Avenue,Apache Junction,reaffirmed his request that legal notices of public concern be published in the Apache Junction Independent and added that this would not include each legal item;requested that the Council consider those not in the City when considering a municipal Fire Department;and recommended that a review committee be set up to avoid a "scar"at the Weekes Wash Dam project. CITY MANAGER'S REPORT City Manager Michael R.Lee brought the Council up-to-date on street improve- ment projects;that a "dust palliative"will be placed on 16th Avenue tomorrow, from Cedar to Palo Verde,on Royal Palm south of Southern Avenue,and on Baseline west of Tomahawk Road,stressing that these projects are experimental; Ironwood Drive south of U.S.60 will be widened to five lanes,beginning tonight and to be completed early next week;upcoming projects are paving of two lanes on Tomahawk from Tepee to State Route 88;paving of the parking lot for the ballfield at Superstition Mountain Elementary School;Ironwood Drive between 12th and 14th Avenues is now paved with storm drains installed;bids for Royal Palm curb and sidewalk are scheduled to be opened on June 7th,with construction to begin about June 25th. Vice Mayor Damiano asked who would remove the traffic lights at U.S.60 and Ironwood during construction. Director of Public Works Rich Broman replied that this would be part of ADOT's project,and will be at a later date. Mr.Lee reported that the construction problems with the Handicapped Center have been corrected at a cost of about $400.Mr.Lee stated that in conjunction with the difficulties in obtaining applicants for the Board of Adjustments and the Planning and Zoning Commission,a memo has been prepared outlining the pur- poses of the Commissions. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 3 Councilman Vehon expressed appreciation for the attachment to the agendas, which explains some of the meeting process. PUBLIC HEARINGS FORUMLATION OF A PROPOSED IMPROVEMENT DISTRICT ASSESSMENT FORMULA )City Engineer Gordon Grandy stated that the City cannot change the economic times for undeveloped or speculation type properties within the district,that the City has attempted to do the best they can in providing as much work in the project to keep the cost down for the property owners,and requested some kind of direction this evening. Mayor Bluntschly asked i f there was anyone who would like to address the Council on this issue.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Cox MOVED THAT THE PROJECT BE SCUTTLED UNTIL THE ECONOMY COMES BACK TO WHERE IT WAS TWO YEARS AGO, AND THEN GO FOR IT AGAIN. Councilman Eidson seconded the motion. Councilman Vehon stated that i f this doesn't go forward,a suggestion would be for future districts,to have a higher percentage of property owners in favor of a district prior to getting this far. Vice Mayor Damiano pointed out that a letter was received this evening from a property owner who is not in favor of either C or D,but B. VOTE:Unanimous The motion carried. Councilman Cox MOVED THAT THE CITY GO FORWARD WITH THE PAVING FROM HIGHWAY 88 TO MERIDIAN WITH MONEY SET ASIDE... Mayor Bluntschly pointed out that this is not on the agenda,and will have to be brought up on a future agenda. ORDINANCE NO.735,SUPERSTITION BOULEVARD IMPROVEMENT DISTRICT,AUTHORIZATION TO ORDER THE WORK )City Engineer Gordon Grandy asked for clarification on whether or not to include paving in the Five Year Plan. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 4 City Attorney David Alexander replied that this will have to be on an agenda for discussion at a later time. Vice Mayor Damiano MOVED THAT ORDINANCE NO.735 BE TABLED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT, FIRST OF TWO PUBLIC HEARINGS )Housing & Grants Specialist Kurt Knutson explained that the Community Development Block Grant program was deve- loped in 1981 when the State was authorized to administer the program,and is administered by the Arizona Department of Commerce,and further explained that the purpose of the program is the development of viable urban and rural com- munities by providing decent housing and suitable living conditions,standard economic opportunities,principally for those with low and moderate income. Mr.Knutson stated that tonight is the start of the citizens participation plan,to allow citizens to voice their community needs to the public officials,and further stated that the City will provide technical assistance to low and moderate income groups,and that a second public hearing is scheduled for June 19th to more closely focus on pro- posed activities,and then on July 3rd the Council will likely authorize the submission of applications and documents required. Mayor Bluntschly explained that there will be no formal Council action taken this evening,but that this is a public hearing,and opened the hearing to the public.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. RESOLUTION NO.90-14,TENTATIVE BUDGET ADOPTION )Mayor Bluntschly stated that the City Manager has requested a continuance to allow for adjusting the budget,and opened the hearing to the public. Ms Nancy Koerner,1026 N.Goldfield Rd.,Apache Junction,urged the Council to allocate monies to the Parks and Recreation Department to establish a trail system. Mayor Bluntschly asked i f Councilmembers have input or suggestions on the tentative budget. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 5 Councilwoman Alger suggested changing the format as i t is confusing. City Manager Michael R.Lee explained that the previous year is shown as a comparison. Councilwoman Alger asked i f there will be a review prior to adoption of the budget. Mr.Lee stated that any suggested changes in the budget hopefully would be given tonight so that tentative adop- tion can take place on June 19th without any changes. acquisition is budgeted. land lease for the Public Works annex. "land lease"listed separately. Councilwoman Alger asked what land Mr.Lee replied that this is the Councilwoman Alger asked about the Mr.Lee suggested that either a spe- cial meeting or work session be scheduled for budget discussion,since there was a misunderstanding. City Attorney David Alexander com- mented that a motion should be made to continue this public hearing. to the public. Mayor Bluntschly closed the hearing Councilwoman Alger MOVED THAT RESOLUTION NO.90-14,TENTATIVE BUDGET ADOPTION,BE CONTINUED TO THE NEXT REGULAR MEETING OF JUNE 19,1990. Councilwoman Barker seconded the motion. Vice Mayor Damiano amended the motion:THAT A SPECIAL MEETING BE HELD ON JUNE 11,1990. Councilman Cox seconded the amendment. Vice Mayor Damiano and Councilman Cox withdrew the amendment and second. Mr.Lee commented that he had expected any questions to be expressed personally,and apologized for that REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 6 misconception,but suggested that he would be happy to meet with Councilmembers one on one or at a work session. Councilwoman Alger stated that in the past there have been lengthy public hearings,and it was not the unprepared- ness of the City Manager but herself. VOTE:Unanimous The motion carried. ORDINANCE NO.740,RESTRICTED TURN SIGNS ) )City Engineer Gordon Grandy explained that there is a problem with traffic tie-ups at the intersection of Royal Palm and U.S.60 with long vehicles,and the purpose of this ordinance is to post signs restricting vehicles of over 36 feet in length from making turns at that intersection. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone wishing to address the Council on this ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.740,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.740,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 12 TRAFFIC BY ADDING ARTICLE 12-2,TRAFFIC CONTROL A SUBSECTION C UNDER SECTION 12-2-7,AUTHORITY TO PLACE AND OBEDIENCE TO RESTRICTED TURN SIGNS,REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.740,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. Councilman Vehon asked what size the sign will be. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 7 Mr.Grandy stated that along with the "donut"sign there will be a word message that will be legible from a distance. VOTE:Unanimous The motion carried. ORDINANCE NO.741,PZ-6-90,REZONING REQUEST BY RICHARD AND ELEANOR LAWIEN FROM TH TO CR-3 (MH)) )Associate Planner/Deputy Director Jim Nakagawa stated that concerns were expressed at the work session,that this zoning proposal is inconsistent with the General Plan,and suggested that the Council continue this rezoning until the applicant returns to respond to questions. Mayor Bluntschly asked those wishing to speak on this item,i f they would object to waiting until the next meeting to make comments. Those wishing to speak concurred. Vice Mayor Damiano MOVED THAT ORDINANCE NO.741 BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF JUNE 19, 1990. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 7:52 p.m. Mayor Bluntschly reconvened the meeting at 8:02 p.m. OLD BUSINESS None. NEW BUSINESS AUTHORIZATION TO COMMENCE PROCESS FOR PROBABLE CONDEMNATION FOR PARCELS ON REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 8 BROADWAY AVENUE AND THE FEDERAL AID (SUPERSTITION BOULEVARD)PROJECTS )Mr.Grandy stated that staff has still be unable to contact Mr.Barber,one of the property owners. Councilman Vehon asked if a per- manent easement is not obtained on the Weekes Wash project,is i t correct that the project cannot proceed. Mr.Grandy replied that this is correct,the Federal aid cannot go towards the easement. Councilman Eidson asked i f the Court agrees that the City has made a reasonable offer,can the City ask for reimbur- sement for court costs. City Attorney David Alexander explained that the property owners are entitled to a trial and determination. Councilman Vehon asked how much of the street section can be built with the 33 feet we currently have. Mr.Grandy replied that none of the sidewalk could be built,or have room for any utility easement. the street section without the sidewalk. Councilman Vehon suggested building Mr.Grandy commented that there is a utility pole to be placed in this area,and it would not fit. Councilman Vehon further suggested going around this property and not put in the improvements at this location. Mayor Bluntschly stated that this would create a hazard and a potential liability to the City. Mr.Grandy explained that this would create a gap in the sidewalk,which would be a high hazard,and should the pro- perty owner build a fence and a vehicle accident occured,it would also be a hazard. Councilman Eidson asked i f the liability wouldn't be with the property owner. Mr.Grandy replied that i f the City knowingly made a hazardous situation,the City would be liable. City Attorney David Alexander com- mented that Arizona has "comparative negligence",and the City would certainly be named as a negligent party in our design and condemnation processes. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 9 Councilwoman Barker MOVED THAT THE CITY ATTORNEY AND THE CITY ENGINEER BE AUTHORZIED TO COMMENCE OBTAINING APPRAISALS ON PARCELS 101-10-161 AND 101-10-084,ALONG BRADWAY AVENUE AND THE FEDERAL AID PROJECTS ALONG WEEKES WASH AT SUPERSTITION BOULEVARD,IN ANTICIPATION OF CONDEMNATION. Councilman Cox seconded the motion. Councilman Eidson asked i f the offer made these property owners the same amount paid the others. Mr.Grandy replied that the others were paid substantially less. Councilman Eidson commented that this is what the judge will look at then. Mr.Alexander explained that the Court will be looking at the appraisal. Councilman Vehon asked why all of the parcels are not identified by parcel number. Mr.Alexander stated that should the City really have to condemn,a resolution with complete legal descriptions will be presented to the Council for approval. VOTE:In Favor:Councilwoman Barker,Councilman Eidson,Vice Mayor Damiano, Councilwoman Barker,Mayor Bluntschly Opposed:Councilman Vehon The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: REQUEST FOR DIRECTION ON MOBILE HOMES PURSUANT TO PLANNING AND ZONING COMMISSION MEETING OF MAY 8,1990. Director of Development Services Adriane Brown -White explained that the Planning and Zoning Commission,at their meeting of May 8th requested that the Executive Secretary prepare documents to amend the Zoning Ordinance to allow mobile homes only in mobile home sub- divisions and parks,and requested direction from the Council on how to proceed. City Manager Michael R.Lee stated that a memo was distributed to all board and commissions as a result of misun- derstandings and a communication problem that has developed,with an attempt to REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 10 do so in a constructive manner.Mr.Lee further stated that the memo was based upon principles of lines of authority based on Council -Manager form of govern- ment,to clarify those roles in respect to boards and commissions,and further stated that Council should review any requests for major projects or staff time because of priorities set and limits of staff time.Mr.Lee explained that the Council set a policy for itself with Resolution No.88-17,which requires the Council to obtain a majority vote as a formal action prior to giving direction to staff,and this policy should apply to all other boards and commissions also. City Attorney David Alexander explained that State Statutes authorize the Council to create a Planning and Zoning Commission,but does not require it,and the Council has given this Commission the authority to have initiatives,but that the Council has the responsibility of providing staff assistance to accomplish the charges to the Commission.Mr.Alexander stated that the boards and commissions have no authority to tell staff anything,so i t requires a spirit of cooperation to accomplish anything,and should that board or commission not receive the assistance necessary to accomplish those charges made upon them,they must come back to the Council with this problem.Mr.Alexander added that i t is up to the Council and City Manager to solve this problem. Mr.Alexander stated that Resolution No.88-17 maybe should apply to all boards and commissions as well as the Council,as it makes good managerial sense. Mayor Bluntschly asked i f the availability of the initiative process couldn't be brought to the Council as a request,and then i f there is not Council interest it would save staff time. Mr.Alexander commented that this points out that i t is necessary to have coordination between the Council and the commissions,as to what projects the Council wants the commissions to do. Councilwoman Alger asked i f the Commission couldn't research and study issues prior to bringing i t to staff, saving some staff time. Mr.Lee pointed out that there are some things that the staff needs to do,and that only those things requiring significant staff time would need to come through the Manager and Council. Mayor Bluntschly suggested Mr.Lee go to Commission meetings or with the members,in order to eliminate the confusion. Mr.Lee commented that no one is trying to limit what the Commission can do,only limit the use of staff time so that they can do all that is required of them. Councilman Vehon asked i f this request was in the form of a motion by a majority. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 11 Ms Brown -White replied that it was a motion. Councilman Vehon expressed concern with how the Commission can initiate amendments to the Zoning Ordinance without coming to the Council first,and agreed that i t boils down to communication bet- ween the Council,the Planning and Zoning Commission,City Manager,and staff. Councilman Vehon added that the ordinance should be changed i f the Planning and Zoning Commission is not to be allowed to initiate amendments on their own. Ms Brown -White explained that she brought this item to the Council because at the February 10th work session bet- ween the Council and Commission,it was agreed that initiatives would go through the Council. Councilwoman Alger commented that the question of whether or not the Planning and Zoning Commission is to be allowed to do initiatives needs to be answered prior to deciding on the item. Councilman Vehon stated that this point was not brought up to attack staff or anyone,but i t is clearly what the ordinance says. Councilwoman Alger added that the Council needs to clarify their position. Mayor Bluntschly stated that the initiating process with the Commission is necessary,but whether or not there is interest on the part of the Council needs to be considered prior to taking up a lot of Commission,staff,and Council time. Councilwoman Alger commented that after reviewing research done by the Commission,the Council may be interested. Councilman Vehon suggested that a Planning and Zoning Commissioner explain the reasons for this item,since i t has come to the Council. Mayor Bluntschly asked if Council has any objections to that.There being no objections,Mayor Bluntschly called on Mr.Gil Verley. Planning and Zoning Commission Chairman Gil Verley,stated that with the anticipated growth in the community and while looking at long-range plans,i t is of interest how the community wants the City to deal with mobile homes. Councilman Vehon reiterated that i t is the Commission's feeling that for the good of the community,we need to start allowing mobile homes only in subdivisions and parks. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 12 Mr.Verley replied that no,i t is the Commission's feeling that this should be considered and obtain public input, to recommend a long-range plan to the Council. Councilman Vehon pointed out that this may be in line with the possibility of increasing the minimum size for lots due to concerns with septics,and groundwater. Mayor Bluntschly stated that he was at this particular Planning and Zoning Commission meeting,and the motion was to implement a process for the elimination of mobile homes in Apache Junction outside of subdivisions or mobile home parks,and this may be where a lot of the miscommunications stem from. Councilman Vehon suggested the Planning and Zoning Commission review this issue again and make sure their motion is their intent. Mayor Bluntschly asked how much staff time is anticipated. Mr.Verley replied that he had no idea,but that this issue was brought up several years ago,and never left the floor of the commission. Councilman Vehon replied that he also recalled that. Mr.Alexander stated that there is a big difference in having a public hearing for input and directing staff to pre- pare ordinances,etc.,and doing research,and the Council needs to discuss the utilization of resources,but the Planning and Zoning Commission can do a lot besides having research done and documents produced by staff. Councilman Vehon commented that to hold a public hearing for input would take very little staff time. Councilwoman Alger stated that she did not get the impression that the preparation of documents was the intent of the Commission. Vice Mayor Damiano commented that should someone buy a lot and wish to place a mobile home on it,what would he then do with his property. Mayor Bluntschly stated that the Commission's motion was not the intent as stated and the only possible action the Council can take is to deny the request,to allow the Commission to study the item again. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 13 Mr.Verley stated that one of the steps prior to a hearing is to have the item placed on a Commission agenda for discussion,and members have not been able to get i t that far. Mayor Bluntschly stated that this is not the intent,and that this goes back to a communication problem. Mr.Lee confirmed that this is not the perception. Councilwoman Alger MOVED THAT THIS ITEM GO BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER DISCUSSION IN THAT BODY. Councilman Vehon seconded the motion. Mayor Bluntschly reiterated that the motion sends this item back to the Planning and Zoning Commission for further study. Councilwoman Alger stated that her understanding is that the actual drafting of documents was not the intent,that portion of the request is dropped but that the Commission should study the issue i f they wish. Councilwoman Alger added that there are materials in the Planning Department that the Commission can utilize for their review. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson Opposed:Vice Mayor Damiano,Mayor Bluntschly The motion carried. REQUEST FOR DIRECTION ON A CODE ENFORCEMENT STATISTICAL REPORT. Director of Development Services Adriane Brown -White explained that on May 8th the Planning and Zoning Commission directed the Executive Secretary to provide the members of the Commission with a status report on newly filed and pending code violations,to be provided every 30 days,and further explained that a draft of the report that is currently used and could be provided.Ms Brown -White requested direction as to whether the Council wished this report maintained with what information included,and which boards and commissions should the report be provided to. Ms Brown -White stated that it was also requested that the report have the violations broken down into section num- REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 14 bers and 100 -block,and which cases were dropped and which individuals jailed, etc. Councilman Eidson asked i f the Council isn't currently getting a status report from the Building Division. City Clerk Kathleen Connelly stated that the report has not gone to the Council for some time. Building Official Charles Coleman stated that this report had individual complaints,and the statistical report currently done does have numbers but does not include section numbers or type of violation. Councilwoman Alger asked i f the location was eliminated and only the type of violation included in the current report,could that be done with little difficulty. Mr.Coleman replied that nominal location information could be provided,but would be reluctant to provide the particular violation in the 100 -block,because it would create a lot of addi- tional staff time. Mr.Verley explained that the reason for the motion was to acquire data to allow the Planning and Zoning Commission to know what types of violations,what area of town,and whether or not the violations need to be considered a problem in the community or whether an ordi- nance needs to be changed. Mr.Verley added that if Commission initiatives are to be eliminated,there is no point in providing any of this information,because the Commission will have only rezonings to do. Mr.Verley further explained that, for example,i f building violations are ocurring for signs that are too high maybe the Sign Ordinance should be addressed. Councilwoman Alger commented that this might be something the Council could benefit from. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO DEVELOP AND MAINTAIN A STATISTICAL REPORT ON CODE ENFORCEMENT TO INCLUDE THE FOLLOWING INFORMATION: ALONG WITH THE ENFORCEMENT REPORT THAT IS ALREADY BEING PRODUCED,ADD TYPES OF VIOLATIONS BROKEN OUT WITH NUMBER OF VIOLATIONS INCLUDED,AND THAT IT BE IDENTIFIED BY AT LEAST THE QUARTER SECTION,AND IF MR.COLEMAN THINKS THERE IS OTHER INFORMATION THAT COULD EASILY BE ADDED THAT COULD BENEFIT,DO SO,AND THAT THE REPORT BE PROVIDED EVERY 30 DAYS,AT MINIMUM TO THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 15 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. DIRECTION TO STAFF REGARDING SEATING OF STAFF IN COUNCIL MEETINGS. Councilwoman Alger asked what Mr.Lee where he would like to sit. City Manager Michael R.Lee replied that his preference would be amongst the staff,as he is part of the staff and to allow communicating with staff during the meetings. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO CHANGE THE SEATING OF STAFF AT COUNCIL MEETINGS AS FOLLOWS: TO ALLOW THE CITY MANAGER TO SIT AT THE STAFF TABLES; AND THAT A POLICY FOR CONDUCT DURING MEETINGS BE ESTABLISHED AS FOLLOWS: NO NOTE PASSING. Councilman Vehon seconded the motion. Councilman Vehon amended the motion: THAT THE CITY ATTORNEY ALSO SIT WITH THE BALANCE OF STAFF. Councilwoman Alger seconded the amendment. Councilwoman Barker commented that staff has all been moved away from the Council and note passing prohibited by the motion,so should there be any information necessary to the Council,how would that be passed on. Councilwoman Alger stated that the Council could just ask,and it would all be verbal communication,to achieve a better perception of the public that this is actually a "public"meeting,and added that the audience gets upset with note passing and quiet conversations going on between Council and staff during the meeting. Councilman Eidson stated that i t is often necessary to have the City Attorney in close proximity to assist in chairing the meeting. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 16 Mayor Bluntschly agreed,that often i t is helpful to ask advise on technicalities. Councilman Vehon asked i f this will also be allowed for the Planning and Zoning Commission and the Board of Adjustments. this is not on the agenda. Vice Mayor Damiano commented that Councilman Vehon apoligized. City Clerk Kathleen Connelly asked i f the discontinuance of private discussions is also intended to be part of the motion. Councilwoman Alger replied that no, it was merely a comment. Ms Connelly explained that note passing is often done because under Robert's Rules,once there is a motion and a second on the floor,i t is inappropriate for anyone else to speak other than the Council. City Attorney David Alexander com- mented that Robert's Rules have been stretched considerably. Councilman Eidson added that i t is going to be hard for the City Manager to get up to go to the mike to speak everytime he is asked a question. Councilwoman Alger asked if mikes can't be added. Ms Connelly replied that the best line of mikes is currently on the system,and the system cannot handle any additions. Vice Mayor Damiano suggested that the City Manager send a letter to Congress,telling them to stop passing notes. Councilman Vehon apologized to the Council for intiating this item. VOTE (on the amendment):In Favor:Councilwoman Alger,Councilman Vehon Opposed:Councilman Cox,Councilman Eidson, Vice Mayor Damiano,Councilwoman Barker, Mayor Bluntschly REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 17 The amendment failed. VOTE (on the original motion): In Favor:Councilwoman Alger,Councilman Vehon Opposed:Councilman Cox,Councilman Eidson,Vice Mayor Damiano, Councilwoman Barker,Mayor Bluntschly The motion failed. REQUEST FOR DIRECTION REGARDING RECOMMENDED ACTION BY THE CODE ENFORCEMENT SUBCOMMITTEE FINAL REPORT AND RECOMMENDATIONS. Building Official Charles Coleman explained that the four major issues are:change the policy regarding how con- tact is made;rewriting of an ordinance to change the section which deals with cars that are unlicensed,avoiding making junk cars noncomforming uses;rewrite of zoning ordinance particularly nonconforming uses;and maintenance of the Subcommittee. Councilman Vehon asked how long i t would take to draft this to be brought back to the Council. Mr.Coleman replied that the noncon- forming use portion will take about six months,the removal of the junk cars will take about 90 days,and the maintenance of the Subcommittee will not be time consuming. City Manager Michael R.Lee com- mented that a lot of work has gone into this,and concurred with the recommendations. Councilman Vehon MOVED THAT DIRECTION BE GIVEN TO STAFF,THROUGH THE CITY MANAGER,TO COMMENCE WITH THE PROCEDURE CHANGE AS RECOMMENDED BY THE CODE ENFORCEMENT SUBCOMMITTEE,DATED APRIL 24,1990,AND THAT THE SUGGESTED TEXT CHANGES TO THE ZONING ORDINANCE AND THE CITY CODE BE DRAFTED TO BE BROUGHT BACK BY JULY 3RD,AND THAT STAFF BE DIRECTED TO PROCEED WITH THE FOLLOWING OPTIONS UNDER PART III OF THE RECOMMENDATIONS:NO.1 OF THE PUBLIC CONTACT,NO.5 REGARDING JUNK CARS,NO.3D IN CONJUNCTION WITH KEEP AMERICA BEAUTIFUL,NO.4 SO THAT THE SUBCOMMITTEE CAN CONTINUE,AND SO THAT THE NEXT THING THE SUBCOMMITTEE CAN BE LOOKING AT IS CHANGES IN THE NONCONFORMING USES IN THE ZONING ORDINANCE. Mayor Bluntschly asked i f the intent is to do nothing with enforcement other than what is currently being done on litter until the Keep America Beautiful is implemented. Councilman Vehon replied that an area has to be targeted,and there is not at this time clear direction from the REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 18 Council on how those areas should be targeted,but that litter violations will continue to be handled as currently done. Councilwoman Alger seconded the motion. Councilman Vehon asked i f staff needs clarification of the intent of the motion. Mr.Coleman replied that staff will implement the program as in the recommendations,make arrangements to remove the junk vehicles portion from the Zoning Ordinance,staff will work with the Subcommittee on the changes desired,and that a systematic targeted area will be implemented in conjunction with Keep America Beautiful,and will continue to run the program regarding litter the way i t has been,and finally,the Subcommittee will be maintained. Ms Brown -White commented that July 3rd may be too soon to bring back the changes to the Zoning Ordinance,due to publication requirements. 17th would be sufficient. would. the change. Councilman Vehon asked i f the July Ms Brown -White replied that i t Councilwoman Alger agreed to second Mr.Coleman added that he had envi- sioned bringing back a draft ordinance to the Council to ensure the intent,but that it would take more time to schedule hearings. Councilman Vehon requested that the original date of July 3rd be brought back into the motion for the draft ordinances. Councilwoman Alger agreed. Councilman Cox asked if antique or classic automobile projects would be allowed more time to finish. Mr.Coleman replied that this was an option. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 19 DISCUSSION AND/OR DIRECTION TO STAFF REGARDING LEGAL ADVERTISEMENTS IN THE APACHE JUNCTION INDEPENDENT. Councilman Vehon requested that $5,000 be allocated towards this,and suggested that the Council adopt a policy on what items should be published in the Independent,with the possibility of a scaled down version of the agenda. Councilwoman Alger stated that along with this,the subscription program should be implemented for things such as bid notices. Councilman Vehon commented that since there is no subscription program currently,only stamped envelopes are required for the mailing of agendas and this does not pay for staff time,so a program would be a good idea. Mayor Bluntschly stated the subscription program is a good idea,but that he could not support the adver- tising in the Independent when i t is not a legal requirement. Councilman Vehon added that this is why a specific amount is mentioned,so that i t can be used strictly as an infor- mational tool. Councilwoman Alger commented that the only things of interest to the community are those that are controversial or effect everyone community -wide,and suggested only publishing the title of ordi- nances passed. City Clerk Kathleen Connelly stated that because of time constraints,it would not be possible to get an agenda into the newspaper in a timely manner,but it would be possible to publish something after the fact. Councilman Vehon stated that i t would not be bad i f the agenda was published even Tuesday morning before the meeting. Ms Connelly explained that the figures given on advertisements are for legal ads,which most people don't often read. Councilman Vehon stated that i t would be more "user friendly"to publish something that is more easily understood not in the legal ads. Councilwoman Alger pointed out that classified ads are more expensive than legals. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 20 Councilwoman Alger further suggested using the subscription program instead of the publishing,as the newspaper has been doing a pretty good job of getting the information out. Councilman Vehon asked i f the subscription program should be acted on,as i t isn't listed on the agenda. Mayor Bluntschly agreed that it will probably have to be placed on a future agenda for action. City Manager Michael R.Lee stated that this can be performed administratively,and would not require Council action,i f this is the Council wish. Councilman Vehon MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,IN REGARDS TO LEGAL ADVERTISEMENTS IN THE APACHE JUNCTION INDEPENDENT AS FOLLOWS: THAT $5,000,THAT IS NOT IN THE CONTINGENCY ACCOUNT,BE SLATED FOR THIS PROGRAM OF RUNNING ITEMS IN THE APACHE JUNCTION INDEPENDENT THAT WILL BE ON THE COUNCIL AGENDA AND THAT THE COUNCIL WILL COME UP WITH A POLICY AS TO HOW AND WHICH ITEMS WILL BE PUT INTO THE LOCAL NEWSPAPER. Councilman Cox seconded the motion. Councilwoman Barker expressed con- cern that the public isn't getting as much information that they should,and suggested that the city publication that is done every month be used for this purpose. Mayor Bluntschly commented that the City doesn't have enough resources as i t is without spending money unnecessarily. Councilman Vehon stated that i t is important to not only inform the public of what has been done,but what is coming up. Mayor Bluntschly stated that the up and coming issues can be printed in the Apache Junction Citizen. VOTE:Opposed:Councilman Eidson,Vice Mayor Damiano,Councilwoman Alger, Councilwoman Barker,Councilman Cox,Mayor Bluntschly In Favor:Councilman Vehon The motion failed. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 21 EXECUTIVE SESSION,WORK SESSION, JUNE 18,1990 EXECUTIVE SESSION,WORK SESSION, JUNE 19,1990 )Councilman Vehon pointed out that a memo was given out with suggested dates for a public forum and the Staff/Council retreat,should the Council wish to include those in the motion. Councilwoman Barker commented that she would have to check the dates in the memo with her calendar prior to making a decision. Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JUNE 18,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON JUNE 19, 1990,IN THE CITY COUNCIL CHAMBERS; AND THAT A PUBLIC FORUM BE HELD IN THE CHAMBER OF COMMERCE MEETING ROOM ON JULY 12,1990,AT 7:00 P.M. Mayor Bluntschly seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Barker, Councilwoman Alger,Councilman Vehon,Mayor Bluntschly Opposed:Vice Mayor Damiano The motion carried. INFORMATION AND REPORTS Mayor Bluntschly stated that Board of Adjustment and Planning and Zoning Commissioners requesting consideration for reappointment,and a talent bank application from an interest citizen will be considered on a future agenda,and this is for the Council's review. City Manager Michael •R.Lee reported that today the City,in a drug bust,took possession of a 16 foot ski vessel and a classic motor carriage,with a dollar value of about $13,000. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:46 p.m. REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 22 Consent Agenda Items are as follows: 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of May 15,1990. 3.Acceptance or denial of claim for property damages filed by Gave L.Allen on behalf of Larry and Patricia Swander. 4.Acceptance or denial of claim against City filed by Charles Harrison -- Notice of intent to sue. 5.Authorization to accept Library Services in Construction Act (LSCA)Literacy Grant and enter into agreement with United States Department of Education. 6.Authorization to enter into agreement with Intergroup of Arizona for HMO Group Health Insurance. 7.Authorization to enter into a contract with the Arizona Department of Public Safety for a Criminal Justice Enhancement Fund grant project. APPROVED AND ACCEPTED THIS 19TH DAY OF JUNE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JUNE ATTEST: KENNETH BLUNTSCALY Mayor KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 23 ,BY THE MAYOR AND ,1990. 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 May,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this g a day of \;ae...)1990. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 5,1990 PAGE 24