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HomeMy WebLinkAbout1990-03-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 20,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 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 Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Bluntschly Vice Mayor Damiano Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Councilman Absent:Councilwoman Barker Staff Present:City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Director of Library Pam Loui Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph City Engineer Gordon Grandy REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 1 Others Present:Mr.C.R.Mills 1471 E.22nd Avenue Apache Junction,Arizona Mr.Jake Corning 1292 W.Teepee Apache Junction,Arizona Mr.John Abt Muscular Dystrophy Association 2741 W.Southern 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 RESIGNATION OF CHRIS OCHS FROM THE ECONOMIC OPPORTUNITIES ACTION TEAM,UTILITIES CATEGORY,BE ACCEPTED WITH REGRET; AND THAT THE RESIGNATIONS OF JANICE KERWIN AND BARRY SUTTER FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY,BE ACCEPTED WITH REGRET; AND THAT GEORGE HOFFMAN BE RATIFIED IN THE POSITION OF ASSISTANT CITY MANAGER, EFFECTIVE MARCH 21,1990. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly thanked everyone for attending this meeting,and asked if anyone wished to address the Council under "Call to the Public",that they fill out a Request to Speak form. Mayor Bluntschly introduced George Hoffman as the new Assistant City Manager. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly congratulated Mr.Hoffman in his new position. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 2 CALL TO THE PUBLIC Mr.C.R.Mills,1471 E.22nd Avenue,Apache Junction,asked i f he should address an ordinance on the agenda now,or when i t comes up. Mayor Bluntschly informed Mr.Mills that he should address the Council when the ordinance comes up on the agenda. CITY MANAGER'S REPORT City Manager Michael R.Lee gave an update on street projects,stating that the Ironwood Drive construction project is 95%complete,the Foothills project has begun with completion expected by next week,and that the project on Manzanita and Cedar is scheduled to begin next week which is about 1,000 feet of road to be paved. Mr.Lee further stated that several items were requested as agenda items but were handled administratively and one of those was concerning stop signs, requested by Councilwoman Alger,specifically stop signs at Goldfield and Junction,and that Engineering is doing a study to ascertain i f the signs are warranted;and a request by Vice Mayor Damiano pertaining to traffic control where pedestrians cross the road,and that the Engineering is preparing a plan to be completed within a week;and one requested by Councilman Vehon concerning the purchase of State land where the Operations Service Center is located,and that an application was submitted to the State about two weeks ago but the pro- cess will take several months. Mr.Lee stated that shortage of office space is becoming critical,par- ticularly in the Planning and Zoning Department and the Police Department,and that a staff committee was formed to look at this problem with City Clerk Kathleen Connelly as the Chairman,and Adrianne Brown -White,Jim Nakagawa,Rich Broman,Gordon Grandy,and Charles Coleman also serving on the Committee,and that they have submitted recommendations for some changes.Mr.Lee explained that those recommended changes include moving Engineering to Building E, currently the Planning Department,and moving the Economic Development Office from Building P to Building D,leaving the Building Division in Building D,so that all the Community Development Services Department is in one building,and further moving Public Works Administration to Building P,to offices vacated by the Economic Development Office.Mr.Lee reported that these changes are pro- posed to be effective on March 31st. City Clerk Kathleen Connelly added that a variety of proposals were con- sidered,some of which were costly with the possibility of adding on to one or more of the buildings,but overall this appeared to be the most suitable solu- tion to the problem,and that the intent was to enhance customer services and to implement the "one -stop shop"approach,although there will be minor renovations in the Development Services Building to better utilize the secretarial staff and eliminating the need to hire additional personnel. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 3 Mr.Lee further reported that the annexation of State and BLM land along the northern and eastern perimeter of the City,which was initiated some time ago and has gotten bogged down for a variety of reasons,has been put back on track reaffirming with the State Land Department that there is no problem with the annexation of those lands. Director of Development Services Adriane Brown -White explained that during 1986 the City requested permission from the State Land Department to begin the annexation process for these State lands,and for some reason work did not progress to a point of total annexation,so at this point in time i t is necessary to begin the process again.Ms Brown -White stated that the State Land Department has been contacted,and they have indicated that there is no problem with the annexation being started over,and as a portion of this property is equestrian trails BLM has been contacted,with BLM also indicating that there is not a problem with annexation.Ms Brown -White further stated that staff is at the point of preparing the petitions for annexation,and outlined the process which will take approximately four months. Mr.Lee commented that there appears to be some interest in annexing some State land where the freeway will connect with Highway 60,so staff will be coming back to Council for direction to begin that process. Vice Mayor Damiano asked who is utilizing the room which was the old Council office. City Clerk Kathleen Connelly stated that i t is the jury room and attorney offices. Director of Public Safety Bill McDaniel commented that the room is also used for pretrials. PUBLIC HEARINGS PROPOSED ORDINANCE NO.729,PZ-2-90, AMENDING SECTION 20.0106.2 OF ZONING ORDINANCE,BY REMOVING SCREENING REQUIREMENTS FOR TRAVEL TRAILERS AND OTHER RECREATIONAL VEHICLES IN REAR YARDS) )Building Official Charles Coleman explained that PZ-2-90 is a Council initiated amendment to the Zoning Ordinance, with the purpose to remove the screening requirements from Travel Trailers parked in the rear yard of residential zoning districts,and stated that the Planning and Zoning Commission had a concern with expanding this removal of requirements to recreational vehicles,and that the Planning and Zoning Commission recommended approval of this proposed change.Mr.Coleman stated that i f approved as recommended by the Planning and Zoning Commission,it will leave the ordinance as i t is currently written,except travel trailers placed in the rear yards of a residential zoning districts will not be required to be REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 4 screened,and briefly explained what the current ordinance requires and what the changes will do. Mr.Coleman further stated that staff recommends approval of the proposed change. Mayor Bluntschly commented that he is trying to tell the public that the only change is to drop the requirement for screening. Mr.Coleman stated that the public members present at the Planning and Zoning Commission hearings seem to believe that much of the discussion at those hearings found its way into this ordinance, and this is not the case,only the removal of the existing screening requirement which was requested by Council,is included in this ordinance. Mayor Bluntschly stated that this is a public hearing,and there is a request to speak on this item. Mr.Jake Corning,1292 W.Teepee, Apache Junction,stated that picking on travel trailers is discrimination,and that you cannot get a travel trailer or RV behind a house,and the Council has to change the ordinance. Mr.C.R.Mills,1471 E.22nd Avenue, Apache Junction,addressed the Council concurring with Mr.Corning's statement that people don't know about these ordinances until after they're passed,and stated that he did a survey counting trailers and motor homes,and that there is no way that many of these could be placed in the backyard and screened. Mayor Bluntschly asked i f there was anyone else who wished to address the Council in favor of or in opposition to this item.There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon asked i f the current ordinance was this way when the City incorporated. Mr.Coleman replied that it was this way at the time of incorporation. Planning Division Manager Jim Nakagawa commented that the requirements were this way as County regulations prior to incorporation also. Councilman Vehon stated that these requirements have been in place for ten years then,and asked when this proposed change was directed to go the the Planning and Zoning Commission. Mr.Coleman replied that has been in the works for at least five months. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 5 Councilman Cox pointed out that i f this ordinance is approved,it will relax the regulations on this issue,and asked why these people are upset as i f the current ordinance were enforced, everyone would be required to screen. Mr.Coleman reiterated that the ini- tial request by Council was to simply remove the screening requirement,but that there was some discussion to expand the requirement to cover all recreation vehicles and a note he made in the explanation was that to expand would create a broader category of requirements which would bring people out who would be con- cerned by new regulations imposed.Mr.Coleman further explained that the Planning and Zoning Commission spent a great deal of time discussing that,and way of mitigating the problem with circumstances to allow them in side and front yards,but the Commission finally decided that that is an issue unto itself and left i t alone,narrowing the issue to simply removing the screening requirement. Councilwoman Alger stated that as liaison to the Planning and Zoning Commission,the Commission did have a concern over the fact that not all recreational vehicles are addressed in this ordinance but only travel trailers,and suggested sending this ordinance back to the Planning and Zoning Commission to hold a public hearing pertaining to all recreational vehicles. Councilman Vehon MOVED THAT ORDINANCE NO 729 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:Unanimous The motion carried. follows: Councilwoman Alger seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.729,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE SECTION 20.0106.2 PARKING -ADDITIONAL REQUIREMENTS,BY REPEALING EXISTING SECTION 20.0106.2 AND ENACTING IN LIEU THEREOF A NEW SECTION OF LIKE NUMBER,REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.729,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 6 Councilwoman Alger made the amend- ment:THAT THIS ORDINANCE BE SENT BACK TO THE PLANNING AND ZONING COMMISSION, WITH DIRECTION TO LOOK AT THE ORDINANCE WITH THE POSSIBILITY OF USING SIDE YARDS FOR STORAGE,AND INCLUDING ALL RECREATIONAL VEHICLES,AND DETERMINING A DEFINITION OF RECREATIONAL VEHICLES,AND THAT THIS SHOULD INCLUDE BOATS AS RECREATION VEHICLES AS WELL. Vice Mayor Damiano seconded the amendment to the motion. Councilman Vehon stated that the Planning and Zoning Commission has looked at this,and at this point in time the issue of RV's and other types of vehicles are almost an issue unto themselves, and further stated that he would be more in favor of going ahead and passing this ordinance to remove the screening requirements,which is easier than i t was,and than letting Planning and Zoning look at the other issue on its own. Councilwoman Alger stated that this was the intent of the motion. Director of Development Services Adriane Brown -White informed the Council that the Planning and Zoning Commission has asked that direction be requested on the next Council agenda,to allow the Commission to study the other issue. Councilwoman Alger asked i f the amendment doesn't do this. Ms Brown -White replied that the amendment sends the ordinance back prior to giving direction as to what the Commission is to look at. Mr.Coleman commented that the intent doesn't appear to be to amend the ordinance proposed tonight,but to pass this ordinance and to provide direction to staff,and amending this ordinance is not the appropriate way to accomplish that but to simply give direction to staff. Councilwoman Alger reiterated that in effect,this ordinance will not be going back to the Planning and Zoning Commission,but a new ordinance will be created with the discussed changes to the Zoning Ordinance. Councilwoman Alger and Vice Mayor Damiano withdrew the amendment and second to the amendment. Vice Mayor Damiano commented that he wished to see this done as soon as possible. Councilman Vehon suggested getting those people who expressed concerns involved in a committee to study this issue. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 7 VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.724,AMENDING THE CITY CODE,CHAPTER 3,ADMINISTRATION, PERTAINING TO ORGANIZATION,STRUCTURE, AND FUNCTION OF THE CITY CLERK'S DEPARTMENT AND FINANCE DEPARTMENT,AND ELIMINATING THE DEPARTMENT OF ADMINISTRATIVE SERVICES) )City Clerk Kathleen Connelly explained that there have been many changes to Chapter 3 of the City Code,which is the administrative and organizational chapter,and that this should be the last of those changes.Ms Connelly explained that this ordinance proposes to clarify the role of the City Clerk,separates the functions of City Clerk and Finance which have actually never been linked,and also brings the Deputy City Clerk position into the City Clerk function,as currently i t is defined as a separate office. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the agenda item. There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.724,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. Vice Mayor Damiano asked City Clerk Kathleen Connelly if,in her expertise,she believes that the Deputy City Clerk is very knowledgable or qualified. City Clerk Kathleen Connelly asked i f Vice Mayor Damiano is referring a particular individual or the position itself. Vice Mayor Damiano replied that the question is regarding the person. Ms Connelly replied yes. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 8 City Clerk Kathleen Connelly read as follows: ORDINANCE NO.724,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,ARTICLE 3-2 OFFICE OF CITY CLERK;DELETING ARTICLE 3-3 OFFICE OF DEPUTY CITY CLERK AND ADOPTING IN LIEU THEREOF A NEW ARTICLE 3-3 DEPARTMENT OF FINANCE;AND DELETING ARTICLE 3-4 DEPARTMENT OF ADMINISTRATIVE SERVICES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.724,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.728,REMOVAL OF STOP SIGN AT CACTUS WREN AND GOLDFIELD (With Emergency Clause) )Gordon Grandy,City Engineer, explained that this is just a formality to get the situation rectified,and is in conjunction with the abandonment coming up further on in the agenda. 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. Councilman Cox MOVED THAT ORDINANCE NO.728,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: Councilman Eidson seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.728,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING THE DESIGNATION OF CERTAIN LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 9 APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilman Cox MOVED THAT ORDINANCE NO.728,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT TO LIBRARY BOARD OF TRUSTEES ) )Mayor Bluntschly stated that the Library Board has recommended an individual for the vacancy,and that person was met last night at the work session. Councilman Vehon MOVED THAT THE RESIGNATION OF PAUL MARSHALL FROM THE LIBRARY BOARD BE ACCEPTED WITH REGRET; AND THAT CINDY SELVY BE APPOINTED TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR.MARSHALL,SAID TERM TO EXPIRE JUNE 30,1992. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENTS TO HEALTH AND HUMAN SERVICES COMMISSION )Assistant City Manager George Hoffman informed the Council that Carol Cranmer called him today,indicating that she is very interested in serving on the Health and Human Services Commission,however,believes that the position would necessitate much time devoted and does not feel that she would be able to commit the time. Councilwoman Alger MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION: REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 10 ED BARKER AND MARYANN WEBB,WITH TERMS TO EXPIRE ON JUNE 30,1992; CARMEN HUERTA AND SUE CALEF,WITH TERMS TO EXPIRE ON JUNE 30,1991; KIM PHILLIPI AND VIRGINIA SEEMAN,AND REVERAND CHARLES RUSHING,WITH TERMS TO EXPIRE ON JUNE 30,1990. Vice Mayor Damiano seconded the motion. Vice Mayor Damiano asked i f by placing Mr.Barker on the Commission,i t could cause a conflict in the future, as he is with the Shelter and may request funding in the future. City Clerk Kathleen Connelly explained that he would not be able to request funding for twelve months after the time he left the Commission,so by volunteering for the Commission he is eliminating the ability to request funding from the City. Councilwoman Alger stated that Mr.Barker is well aware of that. Mr.Hoffman suggested that this should be explained to each member of the Commission prior to being sworn in. VOTE:Unanimous The motion carried. APPOINTMENTS TO COMMUNITY RELATIONS COMMISSION motion. )Mayor Bluntschly called for a Mr.Hoffman stated that he received a call from Sandie Smith,President of the School Board,could not attend tonight because of a School Board Executive Session but wished the Council to know that she is very interested in being appointed,and also that Lois Porter called saying that she is interested but not in being appointed until Fall. Councilwoman Alger MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE COMMUNITY RELATIONS COMMISSION: RAY HARLAN,BRENDA KIRKLAND,AND KAREN BAKER,WITH TERMS TO EXPIRE ON JUNE 30, 1990; VERNON CRIDER AND JACK BARRETT WITH TERMS TO EXPIRE ON JUNE 30,1991; SANDIE SMITH AND PAUL CONNOLLY,WITH TERMS TO EXPIRE ON JUNE 30,1992. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 11 The motion died due to lack of a second. Councilman Vehon MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE COMMUNITY RELATIONS COMMISSION: RAY HARLAN,JACK BARRETT,AND SANDIE SMITH,WITH TERMS TO EXPIRE JUNE 30,1990; KAREN BAKER AND PAUL CONNOLLY,WITH TERMS TO EXPIRE ON JUNE 30,1991; VERNON CRIDER AND JAMES PFEIFFER,WITH TERM TO EXPIRE JUNE 30,1992. Councilwoman Alger seconded the motion. VOTE:In Favor:Councilman Vehon,Councilman Eidson,Councilwoman Alger Opposed:Councilman Cox,Vice Mayor Damiano,Mayor Bluntschly The motion failed. Councilwoman Alger MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE COMMUNITY RELATIONS COMMISSION: RAY HARLAN,BRENDA KIRKLAND,AND KAREN BAKER,WITH TERMS TO EXPIRE JUNE 30, 1990; VERNON CRIDER AND JACK BARRETT,WITH TERMS TO EXPIRE JUNE 30,1991; SANDIE SMITH AND JAMES PFEIFFER WITH TERMS TO EXPIRE ON JUNE 30,1992. Vice Mayor Damiano seconded the motion. Vice Mayor Damiano asked which nomi- nees live within the City limits. Councilwoman Alger replied that Brenda Kirkland,Karen Baker,Vernon Crider,and Jim Pfeiffer,live with the City. Councilman Vehon commented that there were so many applicants from outside the City,which made the selection hard for the three seats,and also there is a person who lives within the City who is not nominated,which is too bad as he has experience and wanted to be on the Commission. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Alger,Councilman Cox, Mayor Bluntschly REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 12 Opposed:Councilman Eidson,Councilman Vehon The motion carried. PROPOSED RESOLUTION NO.90-10,IN SUPPORT OF STATE OFFICIALS EFFORTS TO RESTRICT CARD GAMBLING IN PUBLIC PLACES ) )City Manager Michael R.Lee explained that this resolution was initiated by Council after it was discovered that there is not much the City can do as far as regulating,however,this reso- lution basically agrees with what State Legislation is trying to do in regu- lating social gambling in bars. Councilman Eidson stated that he brought this up,and that although there is very little the City can do to restrict social gambling,this resolution is to support legislation to do this, and that this resolution doesn't do anything that will not be applied state- wide.Councilman Eidson commented that he had spoken with a gentleman who is attempting to have state-wide "Las Vegas"type gambling placed on the ballot, and who assured him that there is a big problem with gambling in bars with card sharks because there is no regulating,and sooner or later those card sharks are going to be Apache Junction cleaning house. Councilman Eidson MOVED THAT RESOLUTION NO.90-10,SUPPORTING THE MEMBERS OF THE THIRTY-NINTH ARIZONA STATE LEGISLATURE IN THEIR EFFORTS TO RESTRICT SOCIAL GAMBLING ACTIVITIES,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: WOULD LIKE ATTORNEY GENERAL BOB CORBIN AND GOVERNOR ROSE MOFFORD TO BE SENT A COPY OF THIS RESOLUTION,AND ALSO THAT KATHY CONNELLY BE AUTHORIZED TO ATTEND A PUBLIC HEARING IF ONE TAKES PLACE,TO SPEAK FOR THE APACHE JUNCTION AT THAT HEARING. The motion died due to lack of a second. Councilman Vehon asked i f the State legislation proposes "disallowing"or "regulating"social gambling. Mayor Bluntschly replied that the i t "disallows"i t which will restrict social gambling severely. Mayor Bluntschly recessed the meeting. Mayor Bluntschly reconvened the meeting. Councilman Vehon MOVED THAT RESOLUTION NO.90-10,SUPPORTING THE MEMBERS OF THE THIRTY-NINTH ARIZONA STATE REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 13 LEGISLATURE IN THEIR EFFORTS TO RESTRICT SOCIAL GAMBLING ACTIVITIES,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT THE WORD "DISALLOWING"BE CHANGED TO "REGULATING"IN THE LAST PARAGRAPH, AND THAT A COPY BE SENT TO ATTORNEY GENERAL BOB CORBIN AND GOVERNOR ROSE MOF FORD. Councilman Eidson seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Eidson,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly Opposed:Vice Mayor Damiano The motion carried. PRESENTATION OF STAFF RECOMMENDED ALTERNATIVES FOR PROVISION OF CENTRAL SEWAGE COLLECTION AND TREATMENT SYSTEM. REQUEST FOR AUTHORIZATION TO PROCEED )City Manager Michael R.Lee stated that there is nothing to add to the presentation of the work session,but that i f the Council approves this request a letter will be sent to City Manager of the City of Mesa,making a formal request that the City of Mesa consider our concept to tie into their system for transportation and treatment of wastewater, and in addition to that sometime in April an intergovernmental agreement would be developed with the City of Mesa,retain a consultant to assist with plan updates and other agency approvals including CAAG,MAAG,and from May to October plans would be updated,rate structures developed,and a finance plan would be developed.Mr.Lee further explained that from September to November engi- neering design for extension to the Mesa system would be done;from January to February 1991 there would be a public information program to focus on the details;March 1991 we would obtain,through an election,the authority to get into the utility business;April 1991 we would obtain financing i f it's deter- mined that that is necessary;May through August 1991 we would have construction of the intercepters;and in September 1991 the Mesa system would be available. Mr.Lee further explained that this is not a final commitment,but a request to allow staff to continue along this path i f this is the Council's wish. Mayor Bluntschly commented that he hopes that the Council will give direction to go ahead with this,as i t is a very viable solution. Councilman Vehon commented that should this go forward,he would like to see Council representation to the Mesa City Council meeting i f i t goes before them. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 14 Councilwoman Alger MOVED THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO CONTACT THE CITY OF MESA AND DEVELOP A PHASED PROGRAM FOR CONSTRUCTING WASTEWATER FACILITIES AS OUTLINED IN THE CONCEPT MEMORANDUM DATED MARCH 12,1990. Vice Mayor Damiano and Councilman Cox seconded the motion. Mayor Bluntschly thanked staff for their efforts in this program. VOTE:Unanimous The motion carried. Mr.Lee made hand-outs available to the public and press. PINAL COUNTY ENTERPRISE ZONE,FINAL APPLICATION,PAYMENT TO CAAG,APPOINTMENT OF REPRESENTATIVES TO PINAL COUNTY ENTERPRISE ZONE COMMISSION )Economic Development Specialist John Schoeph explained that Council previously took action to declare intention to become part of the Pinal County Enterprise Zone that is being formed as a result of State Legislation passed last year,and that application has been prepared by the Central Arizona Association of Governments and submitted,and there is a proposed resolution for the Councils consideration supporting the application and authorizing a pro rata share of payment,and to appoint two representatives to the Pinal County Enterprise Zone Commission. Councilwoman Alger MOVED THAT RESOLUTION NO.90-09,SUPPORTING THE APPLICATION TO ESTABLISH A PINAL COUNTY ENTERPRISE ZONE AND APPOINTING TWO REPRESENTATIVES TO THE COMMISSION,BE APPROVED AND ADOPTED; AND THAT PAYMENT TO THE CENTRAL ARIZONA COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $328.00 BE AUTHORIZED; AND THAT ROBIN BARKER AND HARRY POLOMSKEY BE APPOINTED AS CITY OF APACHE JUNCTION REPRESENTATIVES TO THE COMMISSION. Councilman Vehon seconded the motion. Vice Mayor Damiano asked i f Robin Barker would have the time to give to this Commission. Councilwoman Alger replied that she asked specifically to be appointed as a representative. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 15 Vice Mayor Damiano commented that we should make sure she gets there. VOTE:Unanimous The motion carried. DIRECTION TO PROCEED WITH RESOLUTION ON SUPERSTITION BOULEVARD STREET IMPROVEMENT DISTRICT,STID 8701-1 )City Engineer Gordon Grandy summarized the information presented to the Council,stating that out of 31 par- cels there were 28 separate owners,9 of which support the district amounting to 27%,11 properties oppose the district which constituted 48%,with no response from 11 properties constituting 25%of the district,and the manner in which information was sent out indicated that "no response"was to be assumed by the City as support for the district,therefore i t can justifiably be said that 52% of the frontage of the improvement district support the district. Vice Mayor Damiano asked what the 52% was comprised of. Mr.Grandy replied that by adding "A"and "CH groups,the total is 52%. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE CITY ENGINEER TO DEVELOP A NEW ORDINANCE FOR RECAPTURE RELATED TO ZONING. Director of Public Works Rich Broman explained that this allows staff to prepare something to bring back to Council, and that the ordinance brought back would be with a change in rezoning from a residential classification to commercial,that rezoning would require the dif- ference in assessment to be paid to equal the original commercial assessment. Councilman Vehon seconded the motion. Councilman Vehon asked i f everyone who owns property in that area,will be kept informed of what is being done,as some who have opposed the district may support it with this change. Mr.Grandy stated that the intention is to keep them informed,and that it would be best to place this new recapture ordinance and the ordinance to ordering the work on the same agenda,which would mean those property owners being informed of the meeting. Councilwoman Alger agreed with this suggestion. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 16 VOTE:Unanimous The motion carried. RESOLUTION NO.90-08,AB -90-01, ABANDONMENT OF CACTUS WREN FROM WAGONWHEEL TO GOLDFIELD (With the Emergency Clause) motion. Mayor Bluntschly also agreed. )Mayor Bluntschly called for a Councilman Vehon MOVED THAT RESOLUTION NO.90-08,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHTS -OF -WAY PURPOSES DESCRIBED AS CACTUS WREN STREET FORM WAGONWHEEL ROAD TO GOLDFIELD ROAD DESCRIBED IN STREET ABANDONMENT CASE AB -90-01,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. REQUEST TO WAIVE USER FEES FOR USE OF BALLFIELDS BY MUSCULAR DYSTROPHY ASSOCIATION )Mr.John Abt,representative of the Muscular Dystrophy Association,2741 W.Southern,Apache Junction,explained that the baseball tournaments benefit the patients in research and patient ser- vices,and would like to have a larger event at the Prospector Park this year. Councilman Vehon asked if when the initial request to use the Ballfield was made,were they aware of the charge. Mr.Abt replied that yes,but that he had written Director of Community Services Jeff Bell,who wrote back saying it was not possible to waive the user fees. Councilman Vehon explained that to allow waiving the fees would be setting a precedent. Mr.Abt pointed out that MDA could bring the media faction to Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 17 Mayor Bluntschly asked i f the fees are not waived than MDA is not going to come out here. Mr.Abt replied that he didn't mean his comment to be taken that way. Vice Mayor Damiano asked how much i t would cost MDA in user fees. City Clerk Kathleen Connelly replied $140. Vice Mayor Damiano reiterated that MDA had requested that the fees be reduced. Mr.Abt replied that officially, they had requested the fees be waived,or i f not at least reduced. Councilwoman Alger MOVED THAT THE REQUEST TO WAIVE USER FEES FOR THE USE OF BALLFIELDS SUBMITTED BY THE MUSCULAR DYSTROPHY ASSOCIATION BE DENIED. Councilman Cox seconded the motion. Councilwoman Alger stated that while MDA is definitely a worthy cause,there are many charitable organizations that are within the City who would like to use the ballfields for free,and unfor- tunately the City cannot afford to set this precedent,as the fees are minimal and barely cover the cost to operate the ballfields. Councilman Eidson suggested the Council each "chip in"$10.00 to reduce the user fees by one-half. Councilwoman Alger asked i f Councilman Eidson would also like to donate $10.00 to other organizations to hold ball games. Councilman Eidson replied that the Council is not setting a precedent by donating. Councilwoman Alger commented that she did not wish to donate,there are other charities in the community that she would like to donate to. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Vehon, Councilman Eidson,Mayor Bluntschly Opposed:Vice Mayor Damiano The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 18 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: ADDITIONAL DIRECTION TO STAFF ON REGULATING SWAP MEET OPERATIONS IN MOBILE HOME AND TRAVEL TRAILER PARKS City Clerk Kathleen Connelly explained that staff has been working on the activities of these types of sales, and suggested that those operating on a commercial basis be approached as a swap meet,however the current zoning does not permit this activity,and should the Council wish to allow this type of sales there is a mechanism available in the Zoning Ordinance. City Attorney David Alexander stated that there may be more discussion necessary prior to giving direction to draft an ordinance,whether the Council wishes legal advice or study session discussion is at their discretion.Mr.Alexander further suggested giving staff direction to further study this problem and report back to the Council,as opposed to drafting an ordinance. Councilman Vehon MOVED THAT THIS ITEM BE CONTINUED TO THE NEXT REGULAR MEETING OF APRIL 3,1990. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. CONSIDERATION OF JUDICIAL REVIEW COMMITTEE RECOMMENDATION ON MAGISTRATE AND ASSISTANT MAGISTRATE;DIRECTION TO PURSUE CONTRACT NEGOTIATIONS,AND DRAFT CONTRACTS. Ms Connelly stated that the Judicial Review Committee meeting took place on March 1,1990,at which time the members interviewed both current Magistrates and three additional persons,with the final recommendation by motion to retain both the Magistrate and Assistant Magistrate for a two year period. City Attorney David Alexander requested that the Council add to the motion considered add "and review appropriate ordinances relating to procurring of professional services for compliance",and that that would need to be posted. Councilman Eidson MOVED THAT THIS ITEM BE CONTINUED UNTIL THE NEXT REGULAR MEETING OF APRIL 3,1990,AND THAT BETWEEN NOW AND THAT DATE,THE MAYOR,VICE MAYOR,AND CITY MANAGER CONSULT IN AN INFORMATIONAL SESSION WITH THE MAGISTRATE,AND ALONG WITH NEGOTIATIONS WITH THE TWO IN QUESTION,POSSIBLE APPOINTMENT OF PRO-TEM JUDGE WITHIN THAT OFFICE,AND GENERAL INFORMATION WITH THE JUDGE TO SEE IF SOMETHING IS MISSING. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 19 City Manager Michael R.Lee asked for clarification,that the Council is interested in what the Judge's view point might be concerning case load,additional assistance required,ideas he might have for that. Councilman Eidson confirmed this. Councilman Cox seconded the motion. Councilman Vehon commented that this should be done with both Magistrates. Councilman Eidson added to the motion:TO INCLUDE BOTH MAGISTRATES IN THE MEETING. VOTE:In Favor:Councilman Eidson,Vice Mayor Damiano,Councilman Cox, Councilman Vehon,Mayor Bluntschly Opposed:Councilwoman Alger The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, APRIL 2,1990 EXECUTIVE SESSION,WORK SESSION, APRIL 3,1990 )Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON APRIL 2,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON APRIL 3, 1990,IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:00 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 20 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of March 6,1990 3.Acceptance of resignations from Economic Opportunities action Team (EOAT) and Industrial Development Authority (IDA). 4.Ratification of appointment of Assistant City Manager. APPROVED THIS 3RD DAY OF APRIL ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF APRIL ATTEST: KATHLEEN CONNELLY City Clerk s EN ETH BLUNTSC 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 20th day of March,1990.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 21 Dated this o'efZi day of / !-r...41 1990. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 20,1990 PAGE 22