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HomeMy WebLinkAbout1990-02-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 20,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 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 7:00 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 Assistant to the City Manager George Hoffman Director of Development Services Adriane Brown -White Lieutenant Reed Cox Director of Public Works Rich Broman Director of Community Services Jeff Bell Associate Planner/Deputy Director Jim Nakagawa Economic Development Specialist John Schoeph Assistant Planner Bob Dunn City Engineer Gordon Grandy Housing & Grants Specialist Kurt Knutson Zoning Administrator Charles Coleman REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 1 Mayor Bluntschly introduced Mary Ann Webb, candidate for the Library Board. Ms Mary Ann Webb stated that she works for the State of Arizona,Department of Economic Security,Division of Developmental Disabilities,and since purchasing a home in Apache Junction would like to become involved with the community. ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -6 BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.90-03,AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO COMMERCE CDBG CONTRACT #1001-87A AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT,BE APPROVED AND ADOPTED; AND THAT RESOLUTION NO.90-04,AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO COMMERCE CDBG CONTRACT #1002-87A AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT,BE APPROVED AND ADOPTED; AND THAT THE LICENSE REGULATION BE POSTPONED UNTIL THE REGULAR MEETING OF MARCH 20,1990; AND THAT MARY ANN WEBB BE APPOINTED TO THE LIBRARY BOARD,TO THE VACANCY CREATED BY THE RESIGNATION OF KATHY LITTLE,SAID TERM TO EXPIRE ON JUNE 30,1991; AND THAT THE PROPOSED SETTLEMENT OF THE ADMINISTRATIVE CLAIM AGAINST THE CITY OF APACHE JUNCTION,SUBMITTED BY THE CITY ATTORNEY,BE ACCEPTED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly thanked everyone for attending this meeting,and for taking an interest in the community. AWARDS,PRESENTATIONS,AND COMMUNICATIONS City Clerk Kathleen Connelly read a Proclamation for "National Patriotism Week". REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 2 Mayor Bluntschly presented the Proclamation to a representative of the Elks Lodge,who presented the Council with a flag and also a check for $250.00 to Councilwoman Alger for the Abuse Prevention Council to repair the bicycles. CALL TO THE PUBLIC Mr.Jimmy Eidson,944 W.3rd Avenue,Apache Junction,addressed the Council regarding the social gambling in bars in Apache Junction,predicting that i t will bring sooner or later,more impaired drivers,increase in drug trafficking, prostitution,organized crime,with increased police enforcement becoming necessary.Mr.Eidson directed staff to come up with some method of urging the State to make this illegal. CITY MANAGER'S REPORT City Manager Michael R.Lee updated the Council on the Ironwood Drive Improvements,stating that the plan is to begin paving at least by the first of next week,and reported that the intersection of Superstition Boulevard and Idaho Road was improved which is an example of things getting done resulting from concerns expressed by citizens.Mr.Lee stated that at the last meeting help was requested by the Area Agency on Aging,a Senior Citizen program,and unfortuneatly i t is not possible to meet the deadline for RFP's at this point, and should be looked at in connection with the budget in a year,as far as becoming a City responsibility.Mr.Lee further updated the Council on the Talent Bank applications received so far for the Health and Human Services Commission,the Construction Code Board of Appeals,and the Community Relations Commission,none of which have enough applications in all categories to make appointments as yet. Vice Mayor Damiano asked if a retired contractor could serve on the Construction Code Board of Appeals. Zoning Administrator Charles Coleman replied that he could as long as he is currently licensed with the State. Mr.Lee suggested to the Council that the City join the Pinal County Alliance,in order to express support and concern for some of the issues,and will present a resolution to the Council at the next meeting. PUBLIC HEARINGS APPLICATION FOR SERIES 14 LIQUOR LICENSE, LOST DUTCHMAN AERIE #3850,F.O.E.,INC.) applicant,Mr.Joseph Palazzo. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 3 Mayor Bluntschly called upon the Mr.Kenneth Pike,Secretary and Building Chairman of the Eagles,addressed the Council as Mr.Palazzo was unable to attend the meeting,and stated that there is a total of 90 some feet that will be available for parking,as well as an option on the next lot for parking. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application? There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Vehon asked i f this recommendation is for approval,will the applicant still have to have the appropriate parking in order to receive a Certificate of Occupancy. Mr.Coleman answered that all Code requirements will have to be met prior to the issuance of a Certificate, regardless of the outcome of this application,and that the applicants have discussed this with staff a little but may not be aware of the full extent. Councilman Vehon commented that the owner of the building did call him,giving the impression that they are aware of all that needs to be done,and seemed willing to do that. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 14 LIQUOR LICENSE,SUBMITTED BY MR.JOSEPH P.PALAllO FOR LOST DUTCHMAN AERIE #3850,F.O.E.,INC.,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.721,AMENDING SECTION 7.0111 OF THE ZONING ORDINANCE PENALTY CLAUSE (With Emergency Clause)) )Assistant Planner Bob Dunn explained that this is a "housekeeping"measure to make the Zoning Ordinance compatible with State and City Code requirements. Councilwoman Barker asked i f this is a health and safety factor that necessitates the emergency clause. Mr.Dunn stated that as the City is not currently in compliance with State Law,i t is necessary to make this change as quickly as possible,and the City Attorney felt that this is appropriate as land is not being rezoned. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 4 Mayor Bluntschly 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. Councilman Eidson MOVED THAT ORDINANCE NO.721,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.721,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTION 7.0111 PENALTIES,TO BRING THE PENALTY PROVISIONS OF THE ZONING ORDINANCE INTO PARITY WITH PENALTY PROVISIONS OF THE CITY CODE AND STATE OF ARIZONA STATUTES; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Eidson MOVED THAT ORDINANCE NO.721,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.720,AMENDING CITY CODE CHAPTER 2 PERTAINING TO SPECIAL MEETING AND AGENDA PREPARATION AND CHAPTER 3 PERTAINING TO THE DESIGNATION OF ACTING CITY MANAGER )City Manager Michael R.Lee explained that this ordinance would make changes in the City Code to allow the City Manager to call special meetings,prepare the agenda,and also to appoint an acting city manager in his absence.Mr.Lee further explained that as the preparation of the agenda is an important communication with the Council and a policy document,i t should be handled by the city manager. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 5 Councilman Vehon pointed out that the according to the ordinance as i t reads,only the mayor or city manager may call a special meeting,however,four councilmembers cannot should the mayor or city manager not concur. City Attorney David Alexander commented that this is how the ordinance reads,but i f that was not the intent, the council may amend the ordinance to allow for four votes to call a meeting i f the council wishes. Vice Mayor Damiano asked what the difference is between the assistant city manager position to be created under Item No.10,and the acting city manager. Mr.Lee replied that there may be occasions when both the city manager and assistant city manager would not be available. Mayor Bluntschly 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. Councilwoman Alger MOVED THAT ORDINANCE NO.720 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Vice Mayor Damiano seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.720,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,ARTICLE 2-4 COUNCIL PROCEDURE,SECTION 2-4-2 SPECIAL MEETINGS;SECTION 2-4-5 AGENDA AND CHAPTER 3 ADMINISTRATION,ARTICLE 3-1 CITY MANAGER,ARTICLE 3-1-6 ACTING CITY MANAGER; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.720,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT IN SECTION 2-4-2,UNDER SPECIAL MEETINGS,THE MAYOR OR THE CITY MANAGER, UPON THE APPROVAL OF FOUR MEMBERS OF THE COUNCIL OR FOUR MEMBERS OF THE COUNCIL, MAY CONVENE THE COUNCIL AT ANY TIME. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 6 Vice Mayor Damiano seconded the motion. City Attorney David Alexander commented that the question was whether or not four people asking for a meeting would be a violation of the Open Meeting Law,and as long as this is the only subject of discussion it wouldn't be a violation,as there would be no legislative action. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.722,AMENDING THE CLASSIFICATION PLAN BY CREATING THE POSITION OF ASSISTANT CITY MANAGER ) )City Manager Michael R.Lee stated that this ordinance would authorize the creation of the office of Assistant City Manager,who would have more authority than the Assistant to the City Manager, with much the same delegation duties as the City Manager,and that there is no suggestion at this time that additional personnel be hired but would be done through reassignment of responsibilities.Mr.Lee added that there would not be any salary increase until the new budget year takes affect,because of budget constraints. Mayor Bluntschly asked i f there was anyone who wished to address the Council in favor of or in opposition to the item?There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon commented that the ordinance doesn't explain the duties of this position,and is fairly broad. Mr.Lee stated that there would need to be a job description written for the position. Councilman Vehon asked i f that doesn't need to be part of this ordinance. City Clerk Kathleen Connelly explained that job descriptions are not usually adopted in conjunction with an ordinance. Councilman Vehon reiterated that this ordinance is not changing the City Code,merely adding into the Classification Plan. Mr.Lee added that only positions that should be ratified by the Council are actually in the City Code. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 7 Councilwoman Barker MOVED THAT ORDINANCE NO.722 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.722,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Barker MOVED THAT ORDINANCE NO.722,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. P2-1-90,CONDITIONAL USE PERMIT PROCEDURES,REQUEST FOR POSTPONEMENT ) )Vice Mayor Damiano MOVED THAT PZ-1-90,CONDITIONAL USE PERMIT PROCEDURES,BE POSTPONED TO THE REGULAR MEETING OF MARCH 6,1990. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS RECONSIDERATION OF PREVIOUS ACTION ON PERSONNEL REVIEW BOARD RECOMMENDATION REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 8 (APPEAL FILED BY DONALD FINCH) )Councilwoman Alger MOVED THAT THE PREVIOUS ACTION ON PERSONNEL REVIEW BOARD RECOMMENDATION IN THE APPEAL FILED BY DONALD FINCH BE UPHELD. Vice Mayor Damiano seconded the motion. Councilwoman Barker asked for an explanation of the motion. City Attorney David Alexander stated that i f this motion passes,the previous Council action of not following the Personnel Board recommendation,will be upheld,and should the Council wish to follow the recommendation,the previous Council action should be rescinded with the conditions as discussed. Councilwoman Alger MOVED THAT THE PREVIOUS ACTION ON PERSONNEL REVIEW BOARD RECOMMENDATION IN THE APPEAL FILED BY DONALD FINCH BE RESCINDED AND THAT DONALD FINCH BE REINSTATED TO HIS POSITION AS STREETS LABORER,PROVIDING THAT: 1.DONALD FINCH AGREES TO IMMEDIATELY TENDER HIS RESIGNATION FROM HIS POSITION TO THE CITY. 2.DONALD FINCH'S PERSONNEL RECORDS REFLECT HIS RESIGNATION AND AN APPROPRIATE LETTER OF REPRIMAND. 3.THE CITY OF APACHE JUNCTION SHALL RESPOND TO ANY EMPLOYMENT INQUIRY CONCERNING DONALD FINCH,THAT DONALD FINCH RESIGNED FROM HIS POSITION AS STREETS LABORER. 4.THAT THE CITY OF APACHE JUNCTION PAY TO DONALD FINCH THE SUM OF $6,767.00 LESS WITHHOLDING FOR FEDERAL AND STATE INCOME TAXES AND SOCIAL SECURITY CONTRIBUTION,WITHIN SEVEN WORKING DAYS FROM THE TENDER OF DONALD FINCH'S RESIGNATION. I FURTHER MOVE THAT THE CITY ATTORNEY PREPARE ANY NECESSARY AGREEMENT TO MEMORIALIZE THIS ACTION. Vice Mayor Damiano seconded the motion. VOTE:In Favor:Councilwoman Alger,Councilman Vehon,Vice Mayor Damiano, Councilwoman Barker Opposed:Councilman Cox,Councilman Eidson,Mayor Bluntschly The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 9 EXPANSION OF LIBRARY PARKING LOT )City Engineer Gordon Grandy addressed the Council with visual exhibits,providing options other than those previously discussed,one being the demolition of the old Animal Control and Maintenance buildings using the area for parking,and the other to provide parking to the rear of the Library,with access walkways into the building.Mr. Grandy also provided cost estimates for the different options. Mr.Grandy added that to provide parking in the parallel or diagonal on the west side of Idaho Road would only require striping,with no paving necessary. Mayor Bluntschly asked where the funding would come from for this project. Mr.Grandy replied that Controller Keith Lewis had indicated i t could come out of the General Fund -Contingency. Councilwoman Alger suggested that this be done in the next budget year. Councilwoman Alger asked where the old buildings would go in Option 4. Mr.Grandy answered that they would have to be either demolished or moved to another location,a location not having been considered as yet. Mayor Bluntschly commented that those two buildings are currently being used for storage. Mr.Grandy pointed out that they are quite full. Councilman Vehon asked i f streets savings could be used for this project. Mr.Grandy stated that Mr.Lewis had indicated that Lottery Funds and HURF Money cannot be spent on anything other than public rights -of -way,and that the grounds are not considered that. Councilman Vehon asked if a needs assessment has been done for the parking that is needed. Vice Mayor Damiano informed the Council that people are currently parking on the east and west side of Idaho Road,and the parking lot is packed during lunchtime,and more space is necessary. Councilman Vehon asked if a number of necessary spaces is available. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 10 Vice Mayor Damiano replied that he didn't count the overflow. City Manager Michael R.Lee stated that Director of Library Pam Loui had estimated 55 additional parking spaces are necessary. Councilman Vehon commented that Option 3 would be expandable into Option 4,so Option 3 would be sufficient until funding could be provided in the next budget year.Councilman Vehon added that parking on the west side of Idaho Road would be obliterated with any development on that side of the road. Mr.Grandy agreed that it would be temporary. Vice Mayor Damiano stated that someone could get hurt walking across Idaho Road to the Library. Mr.Grandy pointed out that people are currently parking on the west side of the road. up "no parking"signs. available in the Contingency Fund. Vice Mayor Damiano suggested putting Mayor Bluntschly asked how much is Mr.Grandy replied that Controller Keith Lewis had said that as long as it wasn't over $40,000,there would be money available,and also that in Option 4 the cost of relocating the existing buildings was not included in the estimated cost. Councilwoman Barker suggested that Option 3 should be considered as a priority in the next budget year,rather than expending the funds from the Contingency Fund now. suggestion. Mayor Bluntschly agreed with this Councilman Cox commented that there isn't enough information provided by staff to make a decision tonight. Councilman Vehon stated that there was only $75,000 left in Contingency this year,and earlier in the evening some action was taken to further deplete that Fund,but that he would support this as a priority item in the next budget. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 11 City Clerk Kathleen Connelly stated that if Option 4 is considered,a lot of departments would have to budget for offsite storage. Councilwoman Alger agreed with Councilwoman Barker's suggestion. Councilman Vehon MOVED THAT THIS ITEM BE CONTINUED UNTIL THE NEXT FISCAL YEAR AND THAT IT BE PLACED AS A PRIORITY ITEM IN THE BUDGET FOR OUR NEXT FISCAL YEAR. Councilman Cox seconded the motion. Councilman Vehon stated that he supports everything that is being done at the Library/Senior Center,but that time is required to ensure that this is done right,and hopefully this will be completed prior to the winter visitors return next year. VOTE:Unanimous The motion carried. NEW BUSINESS PROPOSED RESOLUTION NO.90-05, ENTERPRISE ZONE PROGRAM )Economic Development Specialist John Schoeph explained that this is a proposal to formulate an Enterprise Zone for Pinal County,enabled by State Legislation in the past year,and the main feature is that i t provides employers to move into an Enterprise Zone with tax credits on hires from lower and middle income groups.Mr.Schoeph stated that CAAG is preparing an application,with a deadline of March 1st,and that this resolution provides for the City to be committed to this program on a county- wide basis. Councilwoman Barker asked i f the City is committing to pay $328.00 as our share. Mr.Schoeph confirmed this. Councilman Vehon asked i f for Apache Junction to qualify,unemployment rates,etc.have to be shown. Mr.Schoeph replied that this is correct,and that this is the reason for the county -wide basis,as each community by itself probably wouldn't qualify. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 12 Councilman Vehon asked i f this money is budgeted for. City Manager Michael R.Lee replied that this amount can be handled on an administrative level. Councilwoman Barker MOVED THAT RESOLUTION NO.90-05,DECLARING INTENT TO PARTICIPATE IN THE ARIZONA ENTERPRISE ZONE PROGRAM,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. Councilwoman Barker added that when she was at the House of Representatives,she helped frame this Enterprise Zone Bill and is pleased to be able to vote on it. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.AMENDMENTS TO CITY PERSONNEL POLICIES REGARDING RESIDENCY,REQUIRED RESPONSE TIME AND USE OF CITY VEHICLES BY KEY EMERGENCY PERSONNEL Councilwoman Alger stated that the City Manager,Chief of Police,Captain,and the Operations Superintendent need to be identified as the key emergency personnel,and they should be entitled to City vehicle use at all times whether they are residents of the City or not,to allow contact in an emergency situation.Councilwoman Alger further stated that those four personnel a 10 to 15 minute response time should be required, however,this should not be required of everyone else except for maybe a 25 minutes response time. Councilman Eidson commented that other could be key emergency personnel,such as a Traffic Specialist. Councilwoman Barker asked the City Manager and the Chief of Police who they feel are the key emergency personnel. City Manager Michael R.Lee asked i f Councilwoman Barker is referring to city vehicle use in or outside the City. Councilwoman Barker reiterated that she is referring to emergency personnel who should be in vehicles,with a required response time of 10 to 15 minutes. Mr.Lee agreed with Councilwoman Alger's suggestion as the four people. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 13 Director of Public Safety Bill McDaniel also agreed with the suggested four people,and added that i f someone else has to be called in,there would be units at the scene to allow those others a little more time to respond,and that the Swat Team personnel all live within the City. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PREPARE AMENDMENTS TO THE CITY PERSONNEL POLICIES REGARDING RESIDENCY,REQUIRED RESPONSE TIME AND USE OF CITY VEHICLES BY KEY EMERGENCY PERSONNEL AS FOLLOWS: KEY EMERGENCY PERSONNEL SHALL BE IDENTIFIED AS THE CITY MANAGER,POLICE CHIEF, POLICE CAPTAIN,AND OPERATIONS SUPERINTENDENT.THEY WILL HAVE USE OF CITY VEHICLES REGARDLESS OF RESIDENCY INSIDE THE CITY LIMITS,BUT THEY SHOULD LIVE WITHIN A TEN TO FIFTEEN MINUTE RESPONSE TIME TO THE CITY. Councilwoman Alger asked i f the 25 minutes response time currently required of all of the officers is necessary. Director of Public Safety Bill McDaniel replied that i t is not necessary. Councilwoman Alger added to the motion:THAT THE 25 MINUTE RESPONSE TIME BE OMITTED FROM THE ORDINANCE,AND NOT REQUIRE ANY OTHER CITY PERSONNEL TO HAVE TO LIVE WITHIN A REQUIRED RESPONSE TIME,ONLY THE FOUR KEY PERSONNEL. Councilman Cox stated that everyone in the Police Department is emergency personnel at one time. Councilwoman Alger stated that as the Chief stated,that is well covered at all times,and the Swat Team lives within 5 minutes response time,and asked i f this is a department requirement. Director of Public Safety Bill McDaniel replied that the response time by ordinance is 25 minutes,but that his policy within the department is that the Swat Team members be able to respond within 5 minutes after being dressed and ready to leave. someone may move as far as Flagstaff. have to live where they can get to work. motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 14 Councilman Cox commented that Mr.McDaniel stated that employees Councilwoman Barker seconded the Bluntschly's other concerns are. Councilman Eidson pointed out that staff should be able to spend some of the money they make in this area,and as a Councilmember he has been given recommendations by staff that do not live within the City,and wouldn't concern them. Mayor Bluntschly stated that i f removing the 25 minute required response time is to be removed from the ordinance,he couldn't support it. Councilwoman Alger stated that she would go along with leaving a 25 minute response time for police department employees only. City Manager Michael R.Lee informed the Council that the ordinance currently reads "all permanent,supervisory employees shall be required to live within a 25 minute response time",and may need to be addressed. Councilwoman Alger stated that i t could be amended to require all police officers to be within a 25 minute response time. Mayor Bluntschly stated that patrol lieutenant and detective lieutenant could also be considered in that classification of key emergency personnel. Councilwoman Alger replied that there would be no objection to adding those. Councilman Eidson asked if what is passed will only affect new personnel,not existing. City Attorney David Alexander replied that existing personnel are bound by current rules regarding residency. Councilwoman Alger asked what Mayor Mayor Bluntschly replied that this is not the appropriate time to bring them up,until more information is available. Councilwoman Barker asked for a reiteration of the motion,that i t is just the four people as key emergency personnel with the 25 minute response time for other supervisors. City Clerk Kathleen Connelly read the motion:THAT THERE BE FOUR POSITIONS DESIGNATED AS KEY EMERGENCY PERSONNEL, CITY MANAGER,POLICE CHIEF,POLICE CAPTAIN,AND OPERATIONS SUPERINTENDENT;THAT THOSE FOUR POSITIONS HAVE USE OF CITY VEHICLES REGARDLESS OF RESIDENCY BUT THAT REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 15 THEY BE REQUIRED TO LIVE WITHIN A 10 TO 15 MINUTE RESPONSE TIME;THAT THE 25 MINUTE RESPONSE TIME BE OMITTED FOR ALL PERSONNEL EXCEPT THE KEY PERSONNEL. Councilman Vehon amended the motion: THAT THE 25 MINUTE RESPONSE TIME REMAIN IN THE ORDINANCE FOR POLICE OFFICERS. Councilwoman Alger seconded the amendment. VOTE (on the amendment):Unanimous VOTE (on the original motion as amended):Unanimous The motion carried as amended. Ms Midge Conway asked why there were private conversations going on in a public meeting. Mr.McDaniel stated that he was mentioning to Councilwoman Alger that there would be another possible key emergency personnel on duty on weekends,a lieutenant. 2.EXCEPTION TO THE FIVE YEAR STREET IMPROVEMENT PROGRAM POLICY ALLOWING FOR SIDEWALKS ON IRONWOOD PROJECT. City Manager Michael R.Lee explained that because of the school located on Ironwood,there has been concern expressed regarding the lack of sidewalks,and further that the Five Year Street Improvement Program Policy states that in the interest of getting as much asphalt out as possible,sidewalk,curb and gutter would be eliminated,and i t was requested that Ironwood be considered as an exception to that.Mr.Lee added that the Policy also states that exceptions should be done by Street Improvement District,so to make this exception would be ta authorize a waiver to that requirement. Councilman Eidson stated that this was his request,along with Broadway. Mr.Lee stated that sidewalks are included in the Broadway project. Councilman Eidson stated that to improve Ironwood without those improvements is doing a "piecemeal"job,and wouldn't cost that much extra to do i t right,but that perhaps the property owners along Ironwood would be willing to form a District,in order to get i t did right,and further stated that he would be willing to pay his share. Mayor Bluntschly commented that there were no funds allocated to do the curb,gutter and sidewalks. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 16 Councilman Cox pointed out that the people along Superstition Boulevard are paying to have an Improvement District, and as a taxpayer in Palm Springs,he would not want to pay for any curbs, gutter,or sidewalks on Ironwood unless they are going to pay his out of the same fund.Councilman Cox also stated that the same policy should apply to everyone. Councilman Eidson stated that he wondered who paid for the sidewalks in Royal Palm. Councilman Cox commented that he wasn't on the Council at the time,and just wanted everyone treated the same. Councilman Vehon MOVED THAT NO FURTHER ACTION BE TAKEN ON THIS ITEM AT THIS TIME. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING,DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, MARCH 5,1990 EXECUTIVE SESSION,WORK SESSION, MARCH 6,1990 )City Clerk Kathleen Connelly informed the Council that a Special Executive Session should not be called as staff has been unable to set a date with the consultants as yet. Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON MARCH 5,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON MARCH 6, 1990,IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 17 None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 8:45 p.m. Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting of February 6,1990 3.Proposed Resolution No.90-03 and 90-04,CDBG Contract Extension Authorization 4.Extension of Time on License Regulations 5.Appointment to the Library Board 6.Settlement of Administrative Claim APPROVED AND ADOPTED THIS 6TH DAY OF MARCH ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF MARCH KENNETH BLUNTSCHLY Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 20,1990 PAGE 18 ,1990. 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 February,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this42 7 day of k ---1/--66(2-7 1990. _ KATHLEEN CONNELLY City Clerk