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HomeMy WebLinkAbout1990-07-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 3,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 3,1990,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 7:00 p.m. INVOCATION Councilman Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others 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 of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Parks and Recreation Director Jeff Bell Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph City Engineer Gordon Grandy Zoning Administrator Charles Coleman Housing & Grants Specialist Kurt Knutson Mr.Sel Wisdom 2336 S.Vista Rd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 1 Mr.Vernon Crider 1509 S.Palo Verde Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -13 BE ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF PARKS AND RECREATION,THROUGH THE CITY MANAGER,TO SUBMIT THE NECESSARY APPLICATION FOR ESTABLISHMENT OF A SISTER CITIES PROGRAM IN APACHE JUNCTION; AND THAT THE INTERGOVERNMENTAL AGREEMENT WITH THE PINAL COUNTY HEALTH DEPARTMENT FOR HEALTH SERVICES,FOR THE 1990-91 FISCAL YEAR,BE ACCEPTED AS PRESENTED,AND THAT THE FOLLOWING SECTIONS OF THE PINAL COUNTY SANITARY CODE BE ADOPTED BY REFERENCE:CHAPTERS I ,II,III,VI,VIII,IX,X,AND CHAPTER XI WITH THE EXCEPTIONS OF ARTICLE IV,ARTICLE VII AND ARTICLE XIV; AND THAT RESOLUTION NO.90-19,FINDING IT NECESSARY TO ACQUIRE ADDITIONAL ROADWAY RIGHT-OF-WAY ON BROADWAY ROAD BETWEEN IRONWOOD 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 AN EMERGENCY,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.90-24,FINDING IT NECESSARY TO ACQUIRE A PERMANENT CONSTRUCTION AND DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON SUPERSTITION BOULEVARD AND ITS INTERSECTION WITH WEEKES WASH,AND DIRECTING THE CITY ATTORNEY IN THE NAME OF THE CITY OF APACHE JUNCTION,ARIZONA,TO CONDEMN PROPERTY NECESSARY AND CONVENIENT TO BE TAKEN FOR THE IMPROVEMENTS,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED; AND THAT THE BID FOR UMPIRING SERVICES BE AWARDED TO ARIZONA UMPIRES ASSOCIATION,AT THE RATE OF $13.00 PER GAME,WITH A TOTAL COST NOT TO EXCEED $7,800.00; AND THAT THE ANNUAL REPORT OF THE APACHE JUNCTION LIBRARY BOARD OF TRUSTEES FOR THE FISCAL YEAR 1989-90,BE ACCEPTED AS PRESENTED; AND THAT THE CONTRACT FOR CITY ATTORNEY FOR THE PERIOD OF JULY 1,1990 THROUGH SEPTEMBER 30,1991,AND FOR THE CITY PROSECUTOR FOR THE PERIOD OF JULY 1,1990 THROUGH JUNE 30,1992,BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.90-20,AUTHORIZING THE MAYOR TO TAKE THE APPROPRIATE ACTIONS NECESSARY FOR SUBMISSION OF APPLICATIONS FOR THE FY 1990/91 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFYING THAT SAID APPLICATIONS MEET THE LOW AND MODERATE BENEFIT REQUIREMENTS OF THE STATE CDBG PROGRAM,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.90-21,IDENTIFYING FY 1990-91 COMMUNITY DEVELOPMENT AND HOUSING NEEDS AND ACTIVITIES TO BE UNDERTAKEN TO MEET SUCH NEEDS,BE APPROVED AND ADOPTED; REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 2 AND THAT RESOLUTION NO.90-22,ADOPTING A PLAN TO MINIMIZE DISPLACEMENT AND ASSIST PERSONS ACTUALLY DISPLACED AS A RESULT OF ACTIVITIES FUNDED IN WHOLE OR IN PART WITH 1990-91 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.90-23,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1990-91 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,BE APPROVED AND ADOPTED; AND THAT THE FINAL CLASSIFICATION MANUAL FROM RALPH ANDERSEN & ASSOCIATES,BE ACCEPTED AS PRESENTED; AND THAT THE FINAL COMPENSATION REPORT OF JUNE 6,1990,FROM RALPH ANDERSEN & ASSOCIATES,BE ACCEPTED AS PRESENTED; AND THAT ROBIN BARKER BE APPOINTED AS CITY COUNCIL LIAISON TO THE HEALTH AND HUMAN SERVICES COMMISSION,AND TONY VEHON APPOINTED AS CITY COUNCIL LIAISON TO THE CONSTRUCTION CODE BOARD OF APPEALS; AND THAT AUTHORIZATION BE GIVEN TO EXEMPT CERTAIN CITY VEHICLES FROM OFFICIAL DESIGNATION,IN ACCORDANCE WITH ARIZONA REVISED STATUTES §28-1443,AS FOLLOWS: ALL POLICE UNDERCOVER VEHICLES,TO INCLUDE THE CAR USED BY THE POLICE CHIEF,ONE VEHICLE USED IN THE CITY CLERK'S DEPARTMENT,AND THE CITY MANAGER'S VEHICLES; AND THAT ITEM NO.21 BE CONSIDERED BEFORE ITEM NO.20. City Attorney David Alexander stated that Resolution No.90-23 does require the insertion of an amount. Councilwoman Alger added THAT THE AMOUNT FOR RESOLUTION NO.90-23 BE $9,200.00. Councilwoman Barker seconded the motion. Councilman Eidson commented that he has a problem with item no.8,that both attorneys should have the same contract period. VOTE:Unanimous (except that Councilman Eidson voted "no"on Item No.8) The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 3 Mayor Bluntschly made a presentation,for 61/2 years of dedicated service to Glen Durkin,and expressed regret that he is leaving the City. CALL TO THE PUBLIC Mr.Sel Wisdom,2336 S.Vista Road,Apache Junction,Commander of Post No. 2,American Veterans,stated that their property has been taken over by the State for highway improvements,and requested assistance in obtaining a new location within their present financial means. CITY MANAGER'S REPORT City Manager Michael R.Lee stated that there have been meetings with Roy Hudson regarding the Weekes Wash issue,and have presented them with a letter of intent which basically declares an intent to participate in the acquiring the right-of-way for this project,which Pinal County has accepted,and that it will be brought back to the Council for approval.Mr.Lee further stated that the Pinal County Public Works Department will hold a public hearing on August 16, 1990 at 2:00 p.m.in the Chamber of Commerce Building,to discuss the Weekes Wash project. Mr.Lee reported that the acquisition of the right-of-way on the north side of Southern Avenue doesn't appear to be possible,and will probably be a condem- nation;efforts to obtain additional office space for the Public Safety Department are continuing and will bring back specific recommendations to the Council in the near future;that there is a proposed intergovernmental agreement with the City of Mesa in the works for the sewer project,and that there will be a presentation made on July 12th with information for the Council and public; and reminded everyone of the July 4th celebration at the High School tomorrow. Mr.Lee informed the Council that the City will be receiving a $3,000 grant in the Parks and Recreation Department for the Concert/Cultural program,and that Vice Mayor Damiano had a role in initiating this,with a total of about six concerts to be held during the winter. PUBLIC HEARINGS PROPOSED ORDINANCE NO.745,ESTABLISHING LOCATION FOR A STOP SIGN ON PLAZA DRIVE AT LOST DUTCHMAN BOULEVARD (With the Emergency Clause) )Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 4 Councilwoman Barker MOVED THAT ORDINANCE NO.745,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.745,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING A LOCATION FOR A STOP SIGN IN THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. Councilwoman Barker MOVED THAT ORDINANCE NO.745,AS READ BY THE CITY CLERK,BE APPROVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.747,AMENDING CHAPTER 2 OF THE CITY CODE BY ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION ) )Director of Development Services Adriane Brown -White explained that in November 1989,the Council requested that staff draft an ordinance placing the Economic Opportunities Action Team in the City Code,and following discussions with the EOAT,i t is their recommendation that the Commission consist of nine members. bers are to be appointed tonight. to the Council. Councilwoman Alger asked i f the mem- Ms Brown -White replied that i t is up City Clerk Kathleen Connelly com- mented that the appointments are not listed on the agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 5 Vice Mayor Damiano asked how the appointments should be made with expiration dates. Ms Brown -White explained that the designation of terms is in the ordinance. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to address the Council in favor of or in opposition to the ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.747 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.747,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL BY ADDING A NEW ARTICLE 2-21 ECONOMIC DEVELOPMENT COMMISSION;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.747 AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PZ-7-90,REZONING REQUEST BY DONALD AND CATHERINE COX ) )Mayor Bluntschly advised the Council that the applicants wish to cancel their application. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone wishing to speak.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 6 Councilwoman Barker MOVED THAT PZ-7-90,A REZONING APPLICATION BY DONALD AND CATHERINE COX,BE WITHDRAWN AS REQUESTED BY THE APPLICANTS. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. RESOLUTION NO.90-15;ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 1990 (With the Emergency Clause) PROPOSED ORDINANCE NO.748,AMENDING, REVISING,AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION (With the Emergency Clause) )City Manager Michael R.Lee stated that the proposed final budget represents much work by staff and totals $10,775,000 with an increase of 6% over last year,including increases in health insurance,utilities,State Retirement,and other similar expenses.Mr.Lee further stated that the total also includes the implementation of the Ralph Andersen study which would increase the salaries of many employees to bring them into alignment with both internal and external job relationships.Mr.Lee explained that a cost of living increase was considered important in order to remain competitive in the job market,particularly since no adjustment was made in the 1989-90 budget.Mr.Lee also explained that only two capital improvement projects have been proposed for this budget,and those are the development of a sewer system and the planning for City Hall Complex expansion. Mr.Lee thanked and congratulated staff and particularly Controller Keith Lewis for the completed budget,and also thanked the Council for their patience and time in reviewing the budget. Mr.Lee stated that he would like to recommend a decrease in the cost -of -living adjustment from 4%to 3%,but that the amount of money be left in the budget with a stipulation to decrease the COLA,but by leaving i t in the budget i t is available for other uses i f that became necessary. Mayor Bluntschly thanked staff for the cuts in the budget that were made,and stated that he hoped that some of those requests could be funded in the future. Councilwoman Alger stated that i f there is another way to reduce the budget,other than reducing the cost -of- living,it would be preferable. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 7 Mr.Lee pointed out that the imple- mentation of the Ralph Andersen study is quite expensive,and the cost -of -living was added to that expense,which was not the original intent.Mr.Lee added that the State Retirement cost more than doubled this year,as well as insurance costs. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the agenda item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT RESOLUTION NO.90-15,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1990,AND ENDING JUNE 30, 1991;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1990-1991,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED,WITH AN AMENDMENT TO THE COLA INCREASE -REDUCING IT TO 3%. I FURTHER MOVE THAT ORDINANCE NO. 748,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.748,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING, REVISING,AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Vehon MOVED THAT ORDINANCE NO.478,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Mr.Lee asked i f the intent of the motion is to reduce budget dollars,or to leave the budget the way i t is but authorize the 3%. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 8 Councilman Vehon replied that the intent is to leave the budget the way i t is. PROPOSED ORDINANCE NO.744,PZ-18-89, AMENDMENT OF ARTICLE 24,AGE SPECIFIC OVERLAY ZONING DISTRICT )Planning Division Manager Jim Nakagawa explained that the City enacted Article 24 of the Zoning Ordinance, providing for Age Restrictive Zoning,in 1985 and granted i t to Apache Villa in 1986.Mr.Nakagawa further explained that in 1987 the difficulties with enfor- cement caused amendments to be made to Article 24,and than in 1989 the Fair Housing Act became effective which expanded the housing discrimination regula- tions,and that Apache Villa has requested that the City further amend Article 24 by raising the age limit to 55,believing that this would bring i t into compliance with the Federal regulations. Mr.Nakagawa stated that three options were offered to the Planning and Zoning Commission for consideration, those being the elimination of Article 24 leaving the enforcement of age restriction at the private level,the rescinding of Article 24 and enactment of the amendments requiring the application of age restrictive zoning based on the new requirements,or to amend Article 24 similar to those adopted by Maricopa County.Mr.Nakagawa stated that the Planning and Zoning Commission recommended approval of the third option. Councilwoman Barker asked i f this option will continue the enforcement problems -can this be enforced as a City. Mr.Nakagawa replied that it will be extremely difficult to enforce,that the Apache Villa subdivision will have to show that they meet additional Federal requirements as well as those in Article 24,and should the Council approve this option the City would refrain from trying to enforce any complaints of violations of the age restrictive zoning until the subdivision met the new Federal requirements,in addition to filing the necessary documentation allowing for movement in the enforcement area. Councilwoman Barker asked i f the Association couldn't use their CC&R's to enforce that,should the City eliminate Article 24. Mr.Nakagawa confirmed this. Councilwoman Barker pointed out that this would remove the liability from the City. Councilwoman Alger commented that the City would have difficulty proving "intent"with a criminal offense,where civil ordinances would not have to have the "intent"shown for prosecution. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 9 Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the item. Mr.Vernon Crider,1509 S.Palo Verde,Apache Junction,stated that the new Federal requirements were not intended to eliminate retirement communities,and further addressed the Council in approval of the ordinance. Councilwoman Alger explained that to Mr.Crider that it would be difficult for the City to prove a violation and that it would be easier for the residents to enforce their CC&R's. Councilwoman Alger asked if Apache Villa is asking the City to enforce the Overlay,or merely to recognize that they are a community desiring only retired people. Mr.Crider replied that many of the concerns are the enforcement of regulations,and during meetings with City staff in the past,it was agreed that the Homeowners Association would attempt to correct the situation first and then turn i t over to the City for enforcement, however,i t is has not been necessary since that time. Councilwoman Alger reiterated the question,what does Mr.Crider want the City to do with Age Specific Overlay. Mr.Crider answered that the Overlay is not in violation of Federal law,as seems to be the concern. Councilwoman Alger explained that the process involved for the City to prosecute would take more time than for the CC&R's to be enforced. Mr.Crider stated that the residents of Apache Villa just want to maintain what they already have. Councilwoman Alger suggested post- poning this item to allow for a meeting with Apache Villa representatives for a better understanding of the issue. Councilman Vehon asked i f the ordi- nance required Apache Villa to enforce the Overlay through the CC&R's first, prior to the City attempting enforcement,would this be agreeable. Mr.Crider replied that this has been done several times already. Mayor Bluntschly asked i f there was anyone else who wished to speak.There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 10 Councilman Vehon MOVED THAT ORDINANCE NO.744 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilman Eidson seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.744,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING SECTIONS 24.0100,24.0302,AND 24.0400 OF ARTICLE 24,AGE SPECIFIC OVERLAY ZONING DISTRICT OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,ESTABLISHING NEW PROVISIONS IN ORDER TO RENDER ARTICLE 24 CONSISTENT WITH THE REQUIREMENTS OF THE 1988 AMENDMENTS TO THE FEDERAL FAIR HOUSING ACT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.744 AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE SUBDIVISION MUST PURSUE REMEDIES UNDER IT'S EXISTING CC&R'S PRIOR TO THE CITY PURSUING ANY ENFORCEMENT UNDER THE OVERLAY ORDINANCE. motion. nion from the City Attorney. Vice Mayor Damiano seconded the Councilman Vehon asked for an opi- Councilwoman Barker commented that the age restrictions that exist at this time,can be enforced by the deed restrictions of the subdivision,so this isn't necessary,and asked i f that is correct. City Attorney David Alexander replied that i t is true i f the CC&R's have been adopted correctly,that they have civil remedies to enforce those completely apart from the remedies available in the criminal justice system. City Attorney David Alexander explained that the motion requires civil action to commence to enforce the CC&R's and a decision made prior to the time any criminal action in the Magistrate Court,City of Apache Junction,and commented that this makes the REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 11 prosecutors job easier although i t stops any prosecution under the City Code, and probably is a bad idea. postponement. postponement is not the answer. Councilwoman Alger again suggested a Mayor Bluntschly commented that a Councilman Vehon agreed. Mayor Bluntschly added that there is no way the City could get a case into criminal court,without 24 hour surveillance,so the residents would be better off approaching this through their CC&R's. Councilman Vehon stated that they should be allowed some kind of designation to set their area aside as a resi- tirement area,similar to that of a mobile home overlay. Councilwoman Alger stated that we can give them the overlay,but there is no guarantee that the City can ever suc- cessfully enforce it. Mayor Bluntschly asked i f i t is entered into with this attitude,couldn't that place the City in a position of liability for not enforcing our ordinances. Mr.Alexander replied it would take an amazing amount of investigative work to have enough evidence for prosecution, and the Mayor has a point with the City passing a law knowing the impossibility of enforcement. Mr.Alexander requested that the Council consider repealing any Age Specific Overlay zoning that exist now on the record. Councilwoman Barker asked if by repealing this zoning,would it affect their ability to have age restrictions in deed restrictions. Mr.Alexander replied that it would not. Councilwoman Alger MOVED THAT ORDINANCE NO.744,AS READ BY THE CITY CLERK,BE DENIED,AND THAT ALL CURRENTLY ESTABLISHED AGE SPECIFIC OVERLAY ZONING DISTRICTS BE REPEALED. Councilwoman Barker seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 12 Councilman Eidson asked i f there couldn't be a policy of some kind in support of Apache Villa's age restriction, without involving the enforcement portion. Mr.Alexander replied that there would be no problem with a resolution with no enforcement abilities. Councilman Vehon stated that a pre- vious Council made a promise to these people in the past,and because of that they are owed something. Mayor Bluntschly agreed,but the established process prevents these assurances,and removing the obstacles of our ordinances will allow them to go to court quicker. Councilwoman Barker commented that the investigation required for enforcement is more than the City is able to do. Councilman Vehon pointed out that this may only be necessary in the worst possible case. Councilwoman Barker added that this is probably because they have been successfully within their own community of enforcement. Mr.Alexander stated that i f the districts are repealed tonight without considering another ordinance,it will not be effective,and the motion will be taken as direction to prepare an ordi- nance repealing Article 24. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Eidson, Councilwoman Barker,Mayor Bluntschly Opposed:Councilman Vehon,Vice Mayor Damiano The motion carried. Mayor Bluntschly recessed the meeting at 8:50 p.m. Mayor Bluntschly reconvened the meeting at 8:59 p.m. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 13 APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY )Councilwoman Barker MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF APACHE JUNCTION,BOARD OF DIRECTORS:SCOTT LIVERSEDGE FOR THE TERM ENDING MARCH 18,1991 AND FRANK TALBOT FOR THE TERM ENDING MARCH 18,1993. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REMOVAL OF BOARD MEMBER/APPOINTMENT TO THE BOARD OF ADJUSTMENT )Director of Development Services Adriane Brown -White stated that Mr.Ernest Baker did not attend the April 26, May 7,or June 11,1990,Board of Adjustment meetings,and also appears to be living outside the City at this time.Ms Brown -White added that several attempts have been made to contact Mr.Baker to no avail,and the Board of Adjustments requests the removal of Mr.Baker from the Board for the purposes of establishing better attendance. Councilman Eidson MOVED THAT MR.ERNEST BAKER BE REMOVED FROM THE BOARD OF ADJUSTMENTS,EFFECTIVE IMMEDIATELY. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO BOARD OF ADJUSTMENTS AND PLANNING AND ZONING COMMISSION )Councilman Vehon clarified that there are four vacancies in the Board of Adjustments. Vice Mayor Damiano MOVED THAT CORA BLATTERSPIEL,KEN SANCHEZ,AND DAN WILSON BE APPOINTED TO THE BOARD OF ADJUSTMENTS,WITH TERMS TO END ON JUNE 30,1993,AND THAT MARI GARDNER BE APPOINTED TO THE VACANCY CREATED BY THE REMOVAL OF ERNEST BAKER,UNEXPIRED TERM TO END JUNE 30,1992; AND THAT GIL VERLEY,ROBERT JORGENSEN,AND JOHN BROOKHEART BE APPOINTED TO THE PLANNING AND ZONING COMMISSION,TERMS TO END JUNE 30,1993. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 14 Councilman Cox seconded the motion. Councilman Eidson asked if anyone knows Mr.Brookheart,and commented that he would like to meet him first. Councilman Vehon agreed that he also would like to speak to him first,or at least expand the application i f this is to be the basis for appointment.Councilman Vehon suggested leaving that posi- tion vacant to allow for an interview. Vice Mayor Damiano WITHDREW MR.JOHN BROOKHEART FROM THE MOTION. Councilman Cox,as the second, agreed. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION TO STAFF REGARDING A CUL-DE-SAC AT THE EASTERN END OF BROADWAY BEFORE ROYAL PALM AND HIGHWAY 60. Mayor Bluntschly stated that this item was requested by Vice Mayor Damiano,to give direction to refer this to the Transportation Board for consideration and a recommendation. Councilwoman Barker asked "why". Vice Mayor Damiano replied that the safety hazard of the intersection is the reason for the request. Councilman Vehon asked i f the Transportation Board has a large agenda. City Engineer Gordon Grandy replied that the major issue was the Five Year Street Program,and that has been acted on. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN THE CITY OF APACHE JUNCTION TRANSPORTATION BOARD TO STUDY AND RECEIVE PUBLIC COMMENT ON DIRECTING EASTBOUND TRAFFIC TO TURN LEFT AT WINCHESTER AND DIRECTING WESTBOUND TRAFFIC TO TURN LEFT AT WINCHESTER,AND THENCE ON TO BROADWAY,IN ORDER TO CREATE A SITUATION WHERE ONLY LOCAL TRAFFIC WOULD BE ON THE EAST END OF BROADWAY. Councilman Cox seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 15 Mayor Bluntschly asked i f this were implemented,what provisions would be made to insure that traffic will not go over the cul-de-sac and continue to use the intersection. City Engineer Gordon Grandy explained that parts of the pavement will have barriers,with additional signing. Mayor Bluntschly commented that the cul-de-sac will not solve the problem. Councilwoman Alger agreed. VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilwoman Barker, Councilman Cox,Councilman Vehon Opposed:Councilwoman Alger,Mayor Bluntschly The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, JULY 16,1990 EXECUTIVE SESSION,WORK SESSION, JULY 17,1990 JOINT MEETING WITH PLANNING AND ZONING COMMISSION AND ECONOMIC DEVELOPMENT COMMISSION, JULY 30,1990 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION BE HELD AT 7:00 P.M., ON JULY 16,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.ON JULY 17, 1990,IN THE CITY COUNCIL CHAMBERS; AND THAT A JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION AND THE ECONOMIC DEVELOPMENT COMMISSION BE HELD ON JULY 30,1990,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 16 INFORMATION AND REPORTS None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:15 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of June 19,1990. 3.Authorization to establish a "Sister Cities"program. 4.Approval of Intergovernmental Agreement with the Pinal County Health Department for health services. 5.Resolution directing condemnation of property necessary and convenient to be taken for improvements. 6.Award for bid;Slow pitch softball umpiring services for fiscal year 1990/91. 7.Acceptance of annual report of the Apache Junction Library Board of Trustees for Fiscal Year 1989-90. 8.Consideration of contract for City Attorney for period July 1,1990 through September 30,1991,and for City Prosecutor for period July 1,1990 through June 30,1992. 9.Adoption of Resolutions for 1990/91 Community Development Block Grants. 10.Acceptance of final Classification Manual from Ralph Andersen & Associates. 11.Acceptance of the June 6,1990,Compensation Report from Ralph Andersen & Associates. 12.Appointment of City Council liaisons to Health and Human Services Commission and to Construction Code Board of Appeals. 13.Authorization to exempt certain City vehicles from official designation in accordance with Arizona Revised Statutes §28-1443. ACCEPTED THIS 17TH DAY OF JULY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 17 ,1990,BY THE MAYOR AND CITY SIGNED AND ATTESTED TO THIS 19TH DAY OF ATTEST: a i l l t r 4 t t i Y a 7 2-1 — City Clerk JULY ENWTH BLUNTSCHL Mayor CITY COUNCIL MINUTES CERTIFICATION ,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 3rd day of July,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 42—day of 1990. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 3,1990 PAGE 18