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HomeMy WebLinkAbout1990-11-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 20,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 20,1990,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 7:03 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano 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 Assistant City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Planning Division Manager Jim Nakagawa City Engineer Gordon Grandy Director of Library Pam Loui Zoning Administrator Charles Coleman Professor Len Frank,Jr. 5678 E.Lost Dutchman Blvd. Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 1 Mr.C.R.Mills 1471 E.22nd Avenue Apache Junction,Arizona Ms Ann McDaniel 1519 E.21st St. Apache Junction,Arizona Mr.Edward McClure 1536 E.21st Avenue Apache Junction,Arizona Ms Cora Blatterspiel 760 E.Mesquite Avenue Apache Junction,Arizona Mr.John Kevin 5525 N.Wolverine Pass Rd. Apache Junction,Arizona Ms Nancy Kummer 1540 S.Tomahawk Apache Junction,Arizona Mr.Roger Hall 5180 E.Superstition Blvd. Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Damiano MOVED THAT CONSENT AGENDA ITEM NOS.1 -4 BE ACCEPTED AS PRESENTED; AND THAT THE AUDITED FINANCIAL STATEMENT FOR YEAR ENDING JUNE 30,1990,BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.90-48,ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN,AS REQUIRED UNDER SECTION 104(d)OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 2 Mayor Bluntschly thanked everyone for their interest and involvement in the community. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly presented a plaque and Certificate of Appreciation to Spencer Paden,Assistant Library Director in recognition of his receiving the Library Humanities Council Award.Mayor Bluntschly further stated that the Library would not have many things available i f it weren't for Spencer's accomplishments. CALL TO THE PUBLIC Professor Len Frank,Jr.,5678 E.Lost Dutchman Blvd.,Apache Junction, addressed the Council questioning the motivation on the part of the Chamber of Commerce in secede from Pinal County and joining Maricopa County,and objected to the community joining Maricopa County. Mr.C.R.Mills,1471 E.22nd Avenue,Apache Junction,asked for assistance with the water problems in his area,as well as noise problems with a neighbor. Ms Ann McDaniel,1519 E.21st St.,Apache Junction,presented petitions to the City Clerk 58 property owners requesting the City to take action to relieve and correct the flooding problems in the area of 18th to Southern,and between Mariposa and Tomahawk. Mr.Edward McClure,1536 E.21st Avenue,Apache Junction,spoke in regards to water in front of his home,due to road construction,and further requested assistance with opposing the rate increase in water proposed by Consolidated Water. Ms Cora Blatterspiel,760 E.Mesquite Avenue,Apache Junction,addressed the Council suggesting that the Mayor and Council be paid per meeting,in view of the budget cutbacks. Mr.John Kevin,5525 N.Wolverine Pass Rd.,Apache Junction,requested that the Council meet with the residents and those residing near Apache Junction in regards to annexation of the surrounding areas. CITY MANAGER'S REPORT City Manager Michael R.Lee stated that there is a serious shortage of space problem in the Police Department,and that although $70,000 was budgeted to alleviate that problem,those funds have been earmarked to be cut.Mr.Lee REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 3 added that large bills have also been submitted by Pinal County for jail costs, with the last being $12,000,and in an effort to solve both problems an effort is being made to relocate the old Animal Control building adjacent to the heli- copter pad and use i t for Police Evidence Storage,freeing up space in the Police Department for temporary holding cells. Mayor Bluntschly asked how long it would take to move and renovate the building. Mr.Lee replied that probably several months. Director of Public Safety Bill McDaniel added that i t could take possibly three months. Mr.Lee stated that specifications are being put together for bid solicitation. Director of Public Safety Bill McDaniel commented the space is really needed. Mayor Bluntschly asked how many office spaces could be cleared up and how many holding cells would be provided under this plan. Chief McDaniel replied that there would be two holding cells and one office. Vice Mayor Damiano asked i f there would toilet facilities. Chief McDaniel replied that there are facilities in that building. Vice Mayor Damiano asked i f this would meet all of Director of Public Safety Bill McDaniel's wishes. Chief McDaniel answered that it would not solve all of the problems,but would be a "band -aid"measure. Mr.Lee also stated that there is a continuing roof problem in the Police Department,with leaks during rains,with continuing repairs that have not worked,and that roof is going to have to be fixed right away. Mr.Lee reported that there was a bid submitted for the Southern Avenue pro- ject,and the project should be completed by the middle of January;and the Baseline project from Idaho Road to Ironwood will be opened but remain and unimproved roadway. Mr.Lee further reported that there are still many problems with budget cut- backs and lack of funds,and there will be a cutback in service levels. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 4 PROPOSED ORDINANCE NO.758,AMENDING CITY CODE CHAPTER 14,CABLE TELEVISION ) )City Clerk Kathleen Connelly gave a brief of the ordinance,which proposes to amend Chapter 14 of the City Code in order to bring the Code into compliance with new Federal regulations. City Attorney David Alexander explained that this is an area subject to changes rapidly and may change again soon,but now local governments have essentially been stripped of power to regu- late cable television. Councilman Vehon stated that the previous ordinance had regulations regarding what the cable television company would do for the schools -equipment and that type of thing -and the city,and asked i f these things are removed from that ordinance. City Clerk Kathleen Connelly replied that those types of things are included in the license agreement,which is a separate document and no changes are being made in that agreement. Councilman Vehon asked i f those things are prohibited by the new Federal regulations. City Attorney David Alexander replied that they are not prohibited. Mayor Bluntschly opened the hearing to the public.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Barker MOVED THAT ORDINANCE NO.758,BE READ BY TITLE ONLY 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.758,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 14 CABLE TELEVISION,SECTIONS 14-1-24 RATES; 14-1-26 TAX SCHEDULE;14-1-32 LICENSE RENEWAL;14-1-37 TRANSFER OF OWNERSHIP; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 5 Councilwoman Barker MOVED THAT ORDINANCE NO.758,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PRPOSED ORDINANCE NO.767,AMENDING CITY CODE CHAPTER 8 BUSINESS,PERTAINING TO BUSINESS LICENSE REQUIREMENTS )Ms Connelly explained that this ordinance was initiated by Councilman Eidson,and allows a business to operate in more than one location without paying additional fees,and further explained that this ordinance proposes two different categories •of license,one for a per- manent fixed business and one for other temporary type of locations. Ms Connelly stated that a definition of "temporary"was not provided by the Council,so a definition is proposed in the ordinance that the Council may wish to consider. Ms Connelly stated that there will be a budgetary impact,which will be included in the upcoming budget,but the key issue is the sales tax tracking method being lost with the loss of licensing for additional locations,so i t is necessary to have a tool for collection of those businesses in existence at more than one location.Ms Connelly further stated that the current regulations allow for identifying zoning and health problems,and this proposed ordinance would not allow the City to catch a busi- ness setting up on a vacant lot without proper facilities before i t happens, requiring a police officer to issue a citation which would result in additional court and attorney costs to the City.Ms Connelly pointed out that this would also allow an out -of -city business to set up at multiple locations,competing with local businesses. Ms Connelly commented that previous Council direction to resolve the "Market Days"issue,and as i t appears that this may undo any suggestions made,questions cannot be answered in conjunction with the Market Days at this time. Ms Connelly added that the current regulations allow the City to track City and State sales tax,and that this pro- posal may create a situation where there may be a loss in State sales tax as well as City sales tax. Councilwoman Barker asked i f this means the Council would be working against themselves,market days vs.the pro- posed changes vs.the several other types of business licensing being done. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 6 Ms Connelly stated that this is the staff perspective. Councilwoman Barker pointed out that a sales tax license for several businesses can be paid under a consolidated license number,and that this appears to be what the proposed ordinance is attempting to do. Ms Connelly added that the State allows for consolidating several business locations under one license,however, they require identifying the various locations. Mayor Bluntschly opened the hearing to the public,and asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.767,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. Councilman Eidson commented that this proposal could add to the sales tax collection,as business people are basically honest,and those that are crooked are not going to be caught with our enforcement capabilities.Councilman Eidson added that this would clear up the problems of service businesses being unlicensed,and several being under one license. VOTE:Unanimous The motion carried. follows: City Clerk Kathleen Connelly read as ORDINANCE NO.767,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-1 DEFINITIONS,SECTION 8-5-11 SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.767,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT A $10 PER TEMPORARY LOCATION FEE BE ADDED,AND THAT COMPLIANCE WITH APPLICABLE TAX,ZONING,HEALTH,LITTER AND SANITARY REGULATIONS BE ADDED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 7 Vice Mayor Damiano seconded the motion. Councilwoman Alger asked why the "temporary"definition is for six days only,versus some other number. City Clerk Kathleen Connelly reiterated that she had to come up with a definition,and six days was taken from a current ordinance pertaining to swap meet vendors selling personal goods, but that she is not really comfortable with that definition. License Enforcement Specialist Craig Muesel stated that in order to enforce the six days,someone would have to testify witnessing business being conducted beyond six days in court. Mayor Bluntschly clarified that this discussion is regarding a business conducting sales at a temporary location,but with the same type of sales.Mayor Bluntschly asked if a limitation is really desired i f they are paying a fee for that additional location. Ms Connelly explained that this limitation allows for documentation on how often a business is at that different location,but that i f the business is required to pay a fee and report to the City,the ordinance could be changed by ending the definition after the word "basis"and delete "occuring no more than six days at each temporary location"- i f the City Attorney agrees. Mayor Bluntschly asked i f the $10 fee would eliminate problems of businesses setting up at street corner,etc. Ms Connelly replied that it would. Councilman Eidson amended the motion THAT ORDINANCE NO.767,UNDER SECTION 8-5-1 DEFINITIONS TO READ "TEMPORARY BASIS MEANS OPERATING THE SAME KIND OF BUSINESS FOR WHICH A BASE BUSINESS LICENSE IS ISSUED AT OTHER LOCATIONS ON AN INFREQUENT BASIS." SECTION 8-5-11(B)TO READ "BUSINESSES ALREADY IN POSSESSION OF A VALID,CURRENT CITY BUSINESS LICENSE SHALL BE PERMITTED TO OPERATE ONLY THAT TRADE,BUSINESS, GAME OR AMUSEMENT,CALLING,PROFESSION OR OCCUPATION DESCRIBED IN SUCH LICENSE AT OTHER LOCATIONS WITHIN THE CITY LIMITS ON AN INFREQUENT BASIS.SUCH TEMPORARY LOCATIONS SHALL BE PERMITTED ONLY AS AUTHORIZED BY CURRENT ZONING, HEALTH,TAX AND LICENSE REGULATIONS AND SUCH BUSINESS SHALL COMPLY WITH ALL APPLICABLE ZONING,HEALTH,TAX AND LICENSE REGULATIONS." amendment. Councilwoman Alger seconded the Mayor Bluntschly asked when con- sidering the motion and amendment,what types of locations or places will these people be able to operate business on a temporary or infrequent basis. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 8 City Attorney David Alexander replied that they will have to comply with zoning,tax,health and license regu- lations,and the problem will be specifically with zoning as most classifications require conducting a business within a structure with certain exceptions. Mr.Alexander suggested that acceptable locations may be hard to find -possibly the swap meet. Councilman Eidson asked how the amendment will relate to the original motion. Councilwoman Barker explained that this would be deleting two sentences,adding a $10 fee,and the remaining origi- nal verbage in the ordinance. Councilman Eidson commented that he would support the $10 fee only if even service type businesses have to buy the $10 license. Mayor Bluntschly stated that this ordinance will require anybody who does business within the City to have a license,and then any additional temporary location will require a $10 fee. Councilman Eidson pointed out that the second license has not been required of the service or building industry in the past. City Clerk Kathleen Connelly explained that Councilman Eidson is asking,for instance i f each contractor is licensed,they would also be required to pay the $10 fee for each location at which a roof is put on. Councilman Eidson agreed that this is a good example,as this would be equal treatment. Mayor Bluntschly asked the City Attorney how this could be done with a service industry. City Attorney David Alexander replied that he didn't know,but that an example of the difficulty with this would be a person cleaning houses having to obtain a $10 license for each house cleaned. Councilwoman Barker pointed out that in the service industry the resident is asking them to come to their house to perform this service,and there is a definite difference between that and a business setting up on a corner. Councilman Eidson commented that there is a difference in every service,but the same principle is present. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 9 Councilwoman Alger asked i f peddlers are excluded from the $10 fee requirement in the motion. Councilwoman Barker replied that i t was not included in the motion,and added to the motion EXCLUDING ANY KIND OF DOOR-TO-DOOR SALES. Vice Mayor Damiano,as the second to the motion,would not accept the addition to the motion,stating that he does not understand the status of the motion. Councilwoman Barker clarified the addition to the motion. Vice Mayor Damiano agreed to the addition to the motion. Councilman Cox objected to charging service businesses the additional $10 per location of jobs. Councilman Eidson commented that there could be those setting up a business in front of store,paying a $10 fee, and only make $10 in business,and this happens a lot with park and swap vendors. Vice Mayor Damiano stated that this is the name of the game -the risk. Councilman Vehon asked i f the "infrequent basis"portion of the ordinance is enforceable. City Attorney David Alexander agreed that the enforcement is a problem,even proving that someone has been set up for more than six days. Councilman Eidson commented that if they are set up for six months,it means more sales tax to the city,so they should be allowed to operate. Councilman Vehon suggested taking out "infrequent basis",and putting in "in the City limits". Ms Connelly pointed out that this could include Circle K's at different locations,as i t could mean on a permanent basis. Councilwoman Alger suggested allowing three days in succession,for as many times a year as they wish. Mayor Bluntschly stated that the only aspect to be concluded is a definition of "temporary basis",and suggested a recess. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 10 Councilwoman Barker and Vice Mayor Damiano withdrew the motion and second. Councilman Eidson and Councilwoman Alger withdrew the amendment and second to the amendment. Mayor Bluntschly recessed the meeting at 8:20 p.m. Mayor Bluntschly reconvened the meeting at 8:30 p.m. Councilwoman Barker MOVED THAT ORDINANCE NO.767,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: SECTION 8-5-1,BE CHANGED AFTER "IS ISSUED AT OTHER LOCATIONS"TO ADD "CONTINUED FOR NO MORE THAN SEVEN CONSECUTIVE DAYS";AND MAKE THAT SAME CHANGE IN SECTION B.OF 8-5-11,LINE FOUR,ADD AFTER "LOCATION WITHIN THE CITY LIMITS""FOR NO MORE THAN SEVEN CONSECUTIVE DAYS";IN ADDITION TO THAT ADD A COST OF LICENSE TO BE "NO LESS THAN $10 PER TEMPORARY LOCATION;EXCLUDING ANY KIND OF DOOR-TO-DOOR PEDDLER SALES. Councilwoman Alger seconded the motion. Councilman Eidson asked for clarifi- cation on the seven consecutive days,would this only be seven days per year. Councilman Eidson added that he didn't want staff automatically putting that in since it was left out of the motion. Councilman Eidson further stated that he wished the fee dropped unless it would cover the service industry. Councilman Eidson expressed a wish to amend the motion by deleting the fee. City Attorney David Alexander stated that this would not be appropriate,as the fee is part of the original motion, but that he could vote "no"on the ordinance. Councilman Vehon clarified the motion by explaining that i f he bought a $10 license,he could set up at a tem- porary location for six days,take a day off,and still be able to set up for seven more consecutive days,but that the license would be good for the full year. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Vehon, Vice Mayor Damiano,Councilwoman Barker,Mayor Bluntschly Opposed:Councilman Eidson REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 11 The motion carried. APPLICATION FOR BINGO LICENSE - APACHE TRAIL KOA )Ms Nancy Kummer,1540 S.Tomahawk, Apache Junction,requested approval of the application. Vice Mayor Damiano asked i f the KOA has a hall. Ms Kummer replied that there is a hall,and the game is 100 per card. Mayor Bluntschly opened the hearing to the public.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Barker MOVED THAT THE BINGO LICENSE APPLICATION SUBMITTED BY MR.GEORGE J.HARSTINE FOR APACHE TRAIL KOA,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Vice Mayor Damiano seconded the motion. Vice Mayor Damiano objected that staff is recommending that the game only be open to residents of the park. Director of Development Services Adriane Brown -White explained that the purpose was to point out that a lot of people from outside the park should not be attracted to play bingo,similar to market days. Councilwoman Barker clarified that a Class A bingo license cannot show a profit -everything must go back into the game -and to open i t up to the public may cause problems in that area. VOTE:Unanimous The motion carried. APPLICATION FOR A SERIES 10 LIQUOR LICENSE,REVCO/RDS ACQUISITION CORP. )City Attorney David Alexander informed the Council that the applicant has yet to pay the application fee,and the City Code requires that prior to a public hearing this fee must be paid. Mr.Alexander suggested that this application be postponed until that the fee is paid. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 12 City Clerk Kathleen Connelly stated that they were notified today,as well as other numerous contacts. Vice Mayor Damiano MOVED THAT THIS APPLICATION BE POSTPONED UNTIL DECEMBER 4,1990. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS ALLOCATION OF FUNDS FOR DEMOLITION FUND SEED MONEY AND DIRECTION ON IMPLEMENTATION ) )Councilman Vehon stated that Mr.Coleman has previously spoken to Council regarding the implementation of a program for identifying and demolishing dangerous buildings,and that seed money would be necessary for related costs. Ms Brown -White stated that a great deal of funding will not be expended on this program before the end of this fiscal year,as many things will need to be organized,and requested that authorization be given to take approximately $1000 out of the department budget for implementation. City Manager Michael R.Lee com- mented that it would technically come out of the Contingency Account. Ms Brown -White commented that i t could be found within the department budget. Mayor Bluntschly asked i f this couldn't be an administrative decision. Mr.Lee replied that i t could as long as i t doesn't go beyond the budget. Councilman Vehon pointed out that authorization for implementation is also necessary. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 13 Councilman Eidson asked for a defi- nition of the procedure. Mr.Alexander explained that a Hazardous Building Code was adopted,and the designated Commission will vote on what is considered to be hazardous,and once the process is begun with a par- ticular building i t has to be finished,and a fund is required for this purpose. Mr.Alexander added that notifica- tion of the property owner is required,but that buildings will not be fixed only demolished,and that liens may be placed on the property to attempt to recover some of the costs. Ms Brown -White further stated that during the process,cost estimates will be provided. Councilman Eidson asked i f the building has to be bought. Mr.Alexander replied that no,the City will not condemn and than give fair market value. Mr.Lee stated that the definition for a dangerous building is already in the Code. Councilman Eidson commented that did he see a dangerous building lately. Councilman Vehon MOVED THAT STAFF BE GIVEN DIRECTION,THROUGH THE CITY MANAGER,TO IMPLEMENT AND BEGIN THE PROCESS FOR IDENTIFICATION OF DANGEROUS BUILDINGS AND DEMOLITION OF TARGETED BUILDINGS. motion. VOTE:Unanimous The motion carried. Vice Mayor Damiano seconded the PROPOSED RESOLUTION NO.90-49, ESTABLISHING APACHE JUNCTION CLEAN AND BEAUTIFUL COMMITTEE )Director of Development Services Adriane Brown -White explained that this resolution supports the Keep America Beautiful system as developed by Keep America Beautiful,Incorporated,and establishes the Apache Junction Clean and Beautiful Committee,which is a beha- vior based approach to litter prevention and volunteer recycling. Ms Brown -White requested that the Council endorse the program and support the participation of the City in the system. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 14 Councilman Vehon MOVED THAT RESOLUTION NO.90-49,SUPPORTING THE KEEP AMERICA BEAUTIFUL SYSTEM AS DEVELOPED BY KEEP AMERICA BEAUTIFUL,INC.,AND ESTABLISHING THE APACHE JUNCTION CLEAN AND BEAUTIFUL COMMITTEE,BE APPROVED AND ADOPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.90-50,SUPPORTING THE RESEARCH EFFORTS OF THE EAST VALLEY ENHANCEMENT NOW COMMITTEE )Councilman Vehon explained that the Committee is asking various groups in the area i f there is interest in further research looking into the possibility of Apache Junction and surrounding areas of an annexation by Maricopa County,and added that there are many unanswered questions but the issue is worth looking into.Councilman Vehon stated that this resolution is asking only for support in the research efforts of the East Valley Enhancement Now Committee. Councilwoman Barker questioned the need for government approval or endorsement for the Committee to conduct research,and stated that for the City Council to endorse this research effort would perpetuate a perception that the Council is in approval of the annexation, or even financing the research. Councilman Vehon pointed out that the Council routinely passes resolutions,such as a resolution supporting an airport expansion or supporting a landfill siting committee. Councilwoman Barker stated that she voted in opposition to the airport expansion resolution as it was so far from Apache Junction,and the support of the landfill siting committee was something the Council had to do as the landfill in Apache Junction is full to capacity, however,this East Valley Committee is not a City committee but private indivi- duals,and as such,they have every right to research this issue without Council endorsement. Councilwoman Alger asked what the purpose is for seeking Council support at this time. Councilman Vehon answered that he was involved with the initial research of this issue,and the purpose of the request for support was to talk to various groups such as,the college,Chamber of Commerce,Fire Department,City Council,to find out how those groups felt about this issue. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 15 Councilman Vehon added that i f none of these groups are interested,especially Maricopa County,there is no point going any further with this research. Councilwoman Barker asked how the Council can know whether there is any really good or bad points of this issue as there is no information available at this time,and i t is up to the "grass roots"people of the community to come up with that information. Vice Mayor Damiano complained that he found out about this issue from a citizen calling,and as Vice Mayor,should have known about i t previously. Mayor Bluntschly commented that the Council cannot possibly absorb every issue in the community. Councilman Eidson stated that the people of Apache Junction should vote on an issue such as this,but research should be done first. Mayor Bluntschly added that the research will ultimately take place whether the Council passes the resolution or not,and that it would have to be done by citizen vote. Councilwoman Barker clarified her position;that she is all for the people looking into this issue;that the per- ception is that the Council has to allow the research;that everyone has the right to research anything they want to. Councilwoman Alger asked i f by endorsing this,is the Council being asked to expend any funds. funds would not be expended. Councilman Vehon said that City Mr.Keith Hilgendorf,1075 W. Smoketree,Apache Junction,representing the East Valley Enhancement Now Committee,stated that the purpose of the group is to solicit comments from homeowners,various organization,and governmental entities,and to research the pros and cons of the issue prior to expending funds toward the issue. Councilman Eidson commented that as part of the research,his personal choice would be to form a new county. Mayor Bluntschly stated that there is a legislative prohibition to establishing a new counties. Mr.Roger Hall,5180 E.Superstition Blvd.,Apache Junction,spoke in opposition to joining Maricopa County as Apache Junction would be at the bottom of considerations in comparison to the other cities in Maricopa County. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 16 Mayor Bluntschly asked i f there was anyone else who wished speak.There being no one else wishing to speak,Mayor Bluntschly asked for a motion. Councilman Vehon MOVED THAT RESOLUTION NO.90-50,SUPPORTING THE RESEARCH EFFORTS OF THE EAST VALLEY ENHANCEMENT NOW COMMITTEE,BE APPROVED AND ADOPTED. The motion died due to lack of a second. Councilwoman Alger stated that she would like more time to think this over prior to any action,and that as this is a political issue,there should be more information prior to any Council support. Mayor Bluntschly disagreed that this is a political issue,and that a large number of people seem to feel that this is in the best interest of the community,and that by not passing this resolu- tion is ignoring the efforts of those who have spent much time on this. Councilwoman Alger further stated that the City should not get involved in this type of issue at this point,but that i t should be investigated by the "grass roots"of the community and they should come back with what they want. and then call for a motion. Councilman Eidson suggested a break, Mayor Bluntschly recessed the meeting at 9:20 p.m. Mayor Bluntschly reconvened the meeting at 9:29 p.m. Councilman Cox MOVED THAT RESOLUTION NO.90-50,SUPPORTING THE RESEARCH EFFORTS OF THE EAST VALLEY ENHANCEMENT NOW COMMITTEE,BE TABLED. motion. Councilwoman Alger seconded the Councilman Vehon stated that he understands and appreciates the points of view expressed,and that this resolu- tion for support was rushes due to meetings already set up,but that there are still a lot of questions.Councilman Vehon further stated that he is a little upset,however,that some have been threatened with recall for support of this issue and that i f there are those who wish to recall him for his part in this, they should go ahead and do so. Mayor Bluntschly echoed Councilman Vehon's statements,but added that the Council asks people to get involved,and when they do the Council doesn't endorse their efforts. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 17 VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson,Vice Mayor Damiano Opposed:Mayor Bluntschly The motion carried. PROPOSED GENERAL PLAN AMENDMENT PROCESSING SCHEDULE )Planning Division Manager Jim Nakagawa explained that the Council adopted Resolution No.90-38,which authorized General Plan amendments to be considered at six month intervals,and requested consideration of the developed processing schedule. Councilwoman Barker MOVED THAT THE PROPOSED GENERAL PLAN AMENDMENT PROCESSING SCHEDULE BE ACCEPTED IN THE WAY IT IS LAID OUT. Vice Mayor Damiano seconded the motion. Director of Development Services Adriane Brown -White noted that based upon the schedule,next month -December - would be the deadline for submitting for the April time period. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION ON WASTE WATER PROGRAM CONCEPT;FINANCING;PUBLIC INFORMATION PROGRAM; ELECTION. Director of Public Works Rich Broman stated that the proposed waste water facilities concept has been reviewed at various work sessions,and further explained what tonights motion accomplishes agreement on the general concept. Councilman Vehon asked if Council hasn't previously given authorization to proceed with the 208 plan. Mr.Broman answered yes. Councilman Vehon asked how soon does the Council need to call for election on this issue,i f i t is to be on the May ballot. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 18 City Clerk Kathleen Connelly replied that in order to comply with the 120 day requirement,it would be necessary for the Council to "call for election"by resolution by ?. Councilman Vehon expressed concern over committing this much,when the City may not be able to come up with an additional $300,000 per year to finance this project. City Clerk Kathleen Connelly stated that the Council may rescind a call for election,but i f there is not a call for election before the deadline,there cannot be an election. Councilman Vehon stated that he is not in opposition,but wishes to understand the process and be sure of the direction the City is going prior to making committments. Councilman Eidson agreed with Councilman Vehon's statements. Councilman Vehon MOVED THAT BECAUSE RESIDENT AND NON-RESIDENT POPULATIONS ARE PROJECTED TO REACH OVER 80,000 PERSONS BY THE YEAR 2010,AND BECAUSE POTENTIAL ENVIRONMENTAL IMPACTS NEED TO BE CONSIDERED FOR COMMUNITY HEALTH,SAFETY AND WELFARE,STAFF BE GIVEN DIRECTION, THROUGH THE CITY MANAGER TO PROCEED WITH APPROPRIATE ACTIONS TO AMEND THE 208 WATER QUALITY MANAGEMENT PLAN TO PROVIDE THAT APPROXIMATELY TEN MILES OF INTERCEPTORS BE CONSTRUCTED AT ONE TIME FOR INITIAL CONNECTION TO AND TREATEMENT BY THE CITY OF MESA;AND I FURTHER MOVE THAT A PUBLIC INFORMATION PROGRAM BE DEVELOPED AND PROVISIONS MADE TO SCHEDULE AN ELECTION IN MAY 1991 IN ORDER TO OBTAIN AUTHORITY TO ENTER INTO THE SEWER UTILITY BUSINESS AND MEET REQUIREMENTS TO OBTAIN FINANCING THROUGH THE STATE'S REVOLVING FUND. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, DECEMBER 3,1990 EXECUTIVE SESSION,DECEMBER 4,1990 )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON DECEMBER 3,1990,IN THE CITY COUNCIL CHAMBERS; REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 19 AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,ON DECEMBER 4,1990,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. City Manager Michael R.Lee informed the Council that the first meeting in January falls on a holiday,New Years Day, so it will be necessary for the Council to cancel the meeting or move i t up. Councilwoman Alger MOVED THAT THE WORK SESSION OF DECEMBER 31,1990,AND REGULAR MEETING OF JANUARY 1,1991,BE CANCELLED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS None. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 6,1990. 3.Acceptance of Audited Financial Statments for Year Ending June 30,1990. 4.Resolution No.90-48,Required adoption of newly reworded State CDBG Residential Antidisplacement and Relocation Assistance Plan. APPROVED AND ADOPTED THIS 4TH DAY OF DECEMBER ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF DECEMBER REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 20 ,1990. ATTEST: KATHLEEN CONNELLY City Clerk KENNETH BLUNTSCHL Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 20th day of November,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ZtL!,9x44,-1990. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20,1990 PAGE 21