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HomeMy WebLinkAbout1990-04-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 3,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 3,1990,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano 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 Assistant City Manager George Hoffman City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Development Services Adriane Brown -White Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Planning Division Manager Jim Nakagawa City Engineer Gordon Grandy Economic Development Specialist John Schoeph ACCEPTANCE OF CONSENT AGENDA )Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS.1 -4 BE ACCEPTED AS PRESENTED; REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 1 Commerce;Human Services Funding for '89-90;Amendments to License Requirements for Swap Meet Vendor (temporary licenses);Amendment to Model Tax Code on Variable Sales Tax Rates;Amendment to Section 2.003 of Uniform Mechanical Code; Policy on City Council Liaisons;Establishment of Health and Human Services Commission;Endorsement of Apache Junction Fire District Proposed Annexation; Agenda Review Committe (this was changed based upon recommendation from staff, but was completed);City Code Amendments concerning the City Manager;Travel Trailer Storage;an Ordinance Prohibiting Truck Traffic on Broadway;Amend Code to make Community Services a Department;Conditional Use Permits; Abandoned/Unclaimed Bicycles;Bond Election (which was cancelled);Cactus Wren and Goldfield Road Abandonment and Stop Sign Repeal;Kennel Permit Advertisement Fees (to delete the advertisement requirement);Amendments to Personnel Policies Designating Key Emergency Personnel,Response Time,Residency and Vehicle Usage; and Screening Requirements for Travel Trailers in Rear Yards.Mr.Lee read those Directions to City Manager still pending as follows:A Rewrite of the Commercial Zoning District Regulations;Draft an Ordinance for Recapture Agreement for Improvement Districts;Policy on Use of City Vehicles;Establish Construction Code Board of Appeals;Establishment for Business License Review Committee;Draft Process for Code Enforcement Procedures;Amend Purchasing Procedures;Placement of Dumpsters;Adoption of updated Building Codes;General Plan Amendment -Mobile Home Overlay;Arizona Administrative Code (adoption of a portion of the Code regarding Public Safety);Decal System to Enforce Contractor Compliance;Grant Funds for Street Light District (CDBG program);Judicial Review Committee;Court Designated Community Service program;RV/Mobile Homes Parks Swap Meets. Mr.Lee further commented that there are other projects that may have been initiated by City Manager or other staff,and would like to include those on this report. Mr.Lee concluded the report,reiterating that the Sister City Program meeting is scheduled to be held tomorrow night at 7:00 p.m.,in the City Council Chambers,and that everyone is welcome to attend. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 3 AND THAT THE CLAIM AGAINST THE CITY SUBMITTED BY JOHN MCLAWS,ON BEHALF OF IVA ROBERTS,BE REJECTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Bluntschly announced that Planning Division Manager Jim Nakagawa,on April 12th,will be presented with an award for "outstanding contributions to the Community Development Block Grant Program",through the work he performed on the Center for the Handicapped.Mayor Bluntschly added that the presentation will be made at Centennial Hall,and congratulated Mr.Nakagawa. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Michael R.Lee reported the current status of street projects; paving was completed on Manzanita and Cedar;construction will begin next on Idaho Road to put i t through to the freeway;and in the future Ironwood Drive intersections will be completed;and then construction will be taking place at Broadway and 4th Avenue from April 10th to April 20th;Tomahawk Road from State Route 88 project is scheduled to begin April 23rd. Mr.Lee stated that the various departments have submitted preliminary budget requests,and meetings will begin this week with department heads to pare down some of the requests,and will later be meeting with Council to ask direc- tion on what kind of a budget is desired. Mr.Lee reported on the "Council Direction to the Manager"presented to the Council,and read those items completed as follows:Establishment of Community Relations Board or Commission;Develop a Record of Council Action;Numbering of City Vehicles;Departmental Reorganization;City Manager Recruitment;Swap Meet Business License Requirements;Minimum Lot Widths;Bids for Credit/Debit Card Use in the Magistrate Court;Economic Development Agreement with the Chamber of REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 2 AWARD OF BID,PW-90-01,IRONWOOD DRIVE STORM DRAIN PROJECT )City Engineer Gordon Grandy stated that there was a good response from the contractors in the area for the size of the job. Councilwoman Barker MOVED THAT THE BID FOR IRONWOOD DRIVE STORM DRAIN PROJECT BE AWARDED TO HOWELL CONSTRUCTORS, INC.,IN THE AMOUNT OF $89,890.00. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. DIRECTION TO COMMENCE CONDEMNATION ACTION --RIGHT-OF-WAY FOR BROADWAY AND SUPERSTITION PROJECTS )City Attorney David Alexander stated that the only thing not discussed at last night's work session is colored maps being presented by City Engineer Gordon Grandy,showing the location and lots that are the subject matter. perty owned by Black and Secor is vacant. Councilman Vehon asked i f the pro- Mr.Grandy replied that no i t is not,and the map shows hows close the building is to the property line,and also reflects the proposal to erect a block wall immediately behind the sidewalk to buffer the street noise from the building. Councilman Vehon asked i f the building is a duplex. Mr.Grandy confirmed this. Councilman Vehon asked what the cir- cumstances are with Underhill property. Mr.Grandy explained that i f the 40 foot right-of-way was implemented,the dwelling would not be involved,and the City already has 33'of that and need seven feet more. Mayor Bluntschly asked for a motion. Councilwoman Alger MOVED THAT AUTHORIZATION BE GIVEN THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEDURES FOR REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 4 THE PROPERTIES NECESSARY FOR THE SUPERSTITION AND BROADWAY ROADWAY IMPROVEMENT PROJECTS,AND THAT AUTHORIZATION BE GIVEN THE CITY ATTORNEY TO RETAIN THE SERVICES OF AN APPRAISER TO SERVE AS AN EXPERT WITNESS IN THIS MATTER. Councilman Cox seconded the motion. Councilman Eidson commented that he understands that this is the only route available to the City,but suggested Council thinks of this when treating all citizens fairly is considered,as there are people who have donated,others accepting a reasonable offer,and yet others who are holding this up to get the City to pay for the whole thing. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION TO STAFF ON CONSIDERATION OF ANNEXATION OF STATE LAND IN AREA WHERE FREEWAY CONNECTS TO HIGHWAY 60. Councilwoman Alger asked what has to be done to annex additional land than that proposed,BLM land. Director of Development Services Adriane Brown -White replied that some of the same requirements would have to be met. Councilwoman Alger asked i f i t could be done simultaneous with the other annexation. Ms Brown -White stated that it would be the same process,but would be done as a separate annexation. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO STAFF,THROUGH THE CITY MANAGER,TO PROCEED WITH THE PROPOSED ANNEXATION WITH BOUNDARIES AS FOLLOWS: IN ADDITION TO THE ANNEXATION ALREADY APPROVED AND DIRECTED,THE BLM LAND IS MARKED ON THE MAP AS "CAC/BLM"LEASE". Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 5 DIRECTION TO UNDERTAKE ADDITIONAL STUDIES TO DEFINE "RECREATIONAL VEHICLES",TO ADDRESS STORAGE REQUIREMENTS,AND TO REVIEW CHAPTER 10 OF THE CODE AS IT RELATES TO NOISE. Councilman Vehon asked i f this item relates to two different directions,one on screening and one on "boomboxes". Mayor Bluntschly replied that the screening issue was previously addressed by ordinance,that the definition for recreational vehicles may need to be specified for staff direction. Vice Mayor Damiano asked i f other cities have been surveyed for a definition of a recreational vehicle. Councilwoman Alger commented that there are staff working on these definitions,and they can bring those back when proposals are ready. 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. CONSIDERATION OF JUDICIAL REVIEW COMMITTEE RECOMMENDATIONS ON MAGISTRATE AND ASSISTANT MAGISTRATE;DIRECTION TO PURSUE CONTRACT NEGOTIATIONS,AND DRAFT CONTRACTS. City Manager Michael R.Lee stated that there seems to be some concern that there may not be sufficient case load to justify two full-time Magistrates,and further stated that he felt that there is sufficient case load and as the City grows so will the work load.Mr.Lee recommended approval on this direction. Councilman Cox asked i f this is not approved now,could i t be approved later on within the two-year period. City Attorney David Alexander replied that we will be without City Magistrates at the end of April,as the contracts expire,and the City has to give two-year contracts. Mayor Bluntschly concurred with the City Managers assessment. Councilwoman Barker asked i f vaca- tions,etc.,need to be considered tonight or at the time of contracts being approved. REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 6 City Clerk Kathleen Connelly explained that customarily contract employees are not given vacation or sick time,with the exception of the City Manager position,however,that doesn't mean the Council can't consider that. Mr.Alexander stated that those are negotiating aspects,but the Magistrate nominees have not mentioned those,and those areas need to be worked out prior to the next agenda when the contracts will be presented to the Council. Councilman Vehon suggested leaving those things open to allow discussion between the City Attorney and the nomi- nees,and spelling out specific hours per week may cause problems. Mayor Bluntschly stated that working with other Justice Courts,involving weekend arraignments,needs to be con- sidered also. Councilman Vehon MOVED THAT THE COMMITTEE RECOMMENDATIONS ON MAGISTRATE CONTRACTS FOR THE FISCAL YEAR 1990-91 AND 1991-92,BE ACCEPTED AS PRESENTED,AND THAT DIRECTION BE GIVEN TO THE CITY ATTORNEY TO DRAFT CONTRACT FOR THE MAGISTRATE AND ASSISTANT MAGISTRATE AS PROVIDED FOR IN THE MEMO FROM THE CITY MANAGER DATED MARCH 27,1990. Councilwoman Barker seconded the motion. Councilman Eidson stated that he has some concerns,not with the way the Court is conducted,and would ordinarily vote "no",but as this is not the contract itself there will be another oppor- tunity to do so.Councilman Eidson added that he would meet with Mr.Lee and perhaps the Judge to try to get answers to these concerns. VOTE:Unanimous The motion carried. ADDITIONAL DIRECTION TO STAFF ON REGULATING SWAP MEET OPERATIONS IN MOBILE HOME AND TRAVEL TRAILER PARKS. City Clerk Kathleen Connelly stated that there wasn't anything to add to last nights lengthy discussion,however staff has verified that the City would be able to enforce these types of operations,and the only concern would be restricting the public from going into these parks to participate in the swap meets. Councilwoman Alger MOVED THAT STAFF BE DIRECTED THROUGH THE CITY MANAGER,TO STUDY THE POSSIBILITIES OF ADJUSTING THE BUSINESS LICENSE FEES FOR A MULTI -LOCATION LICENSE AND WAYS THAT MARKET DAYS REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 7 CAN BE HELD LEGALLY IN MOBILE HOME PARKS,SOME KIND OF A CONDITIONAL USE PERMIT OR SOME OTHER TYPE OF ZONING PERMIT THAT THEY CAN COME IN ON AN ANNUAL BASIS AND REQUEST FROM THE CITY,AND BRING THIS INFORMATION BACK ON APRIL 17,1990 IF POSSIBLE. could go to the May 1st meeting. Clerk to read the motion back. Councilwoman Alger added that i t Councilman Eidson asked the City Ms Connelly read as follows:THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND THE APPROPRIATE STAFF TO INVESTIGATE THE POSSIBILITIES OF ADJUSTING FEES FOR MULTI -LOCATIONS FOR BUSINESSES AND TO INVESTIGATE THE MEANS AVAILABLE FOR ALLOWING THESE TYPES OF OPERATIONS THROUGH A CONDITIONAL USE PERMIT,OR SOME OTHER PROCESS,AND THAT IT BE RETURNED TO COUNCIL ON MAY 1ST. Councilman Eidson seconded the motion. Councilman Eidson added that he would be getting with staff,as he has some ideas. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Barker,Councilwoman Alger, Councilman Cox,Councilman Eidson Opposed:Councilman Vehon,Mayor Bluntschly The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATION,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, APRIL 16,1990 EXECUTIVE SESSION,WORK SESSION, APRIL 17,1990 ) )City Manager Michael R.Lee explained that there is a conflict with the proposed April 11th work session,as there is a County Alliance meeting. Councilwoman Alger stated that Director of Development Services Adriane Brown -White is seeking a date for a joint work session with the EOAT,Planning and Zoning Commission and the Council,and has suggested April 24th. Mr.Lee stated that there is a request from the Chamber of Commerce also to hold a joint work session with the REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 8 City Council,and they have suggested the meeting be held on May 15th at 6:30 p.m.,or May 16th,in order to discuss mutual areas of interest as well as items related to the budget. Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON APRIL 16,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON APRIL 17,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD AT 6:30 P.M..,ON APRIL 24,1990; AND THAT A JOINT PLANNING AND ZONING COMMISSION/EOAT/COUNCIL WORK SESSION BE HELD IN THE CITY COUNCIL CHAMBERS AT 7:00 P.M.,ON APRIL 24,1990; AND THAT A JOINT COUNCIL/STAFF WORK SESSION BE HELD IN THE CITY COUNCIL CHAMBERS AT 6:30 P.M.,ON APRIL 25,1990; AND THAT A CHAMBER OF COMMERCE/CITY COUNCIL JOINT WORK SESSION BE HELD ON MAY 16,1990 AT 6:30 P.M.,AT A PLACE TO BE DETERMINED. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Vice Mayor Damiano read the status report for the month of March of the Library,and gave the Chamber of Commerce statistics for the month. Councilwoman Alger reported that the Development Services Department and the Engineering Department have successfully moved into each other's buildings. Vice Mayor Damiano requested that the intercom list be updated. ADJOURNMENT ) )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 7:56 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 9 2.Acceptance of Minutes of Special Meeting of March 15,1990 3.Acceptance of Minutes of Regular Meeting of March 20,1990 4.Claim Against the City as Filed by John McLaws,P.C.,on behalf of Iva Robert. APPROVED AND ADOPTED THIS 17TH DAY OF APRIL MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF APRIL ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 3,1990 PAGE 10 ,1990,BY THE ,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 3rd day of April,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of KATHLEEN CONNELLY City Clerk 1990.