Loading...
HomeMy WebLinkAbout1990-04-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 17,1990 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 17,1990,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 7:07 p.m. INVOCATION Councilman Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger 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: Others Present: 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 Director of Community Services Jeff Bell Planning Division Manager Jim Nakagawa Economic Development Specialist John Schoeph City Engineer Gordon Grandy Mr.Ray Harlan 5733 E.18th Avenue Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 1 Mr.Ray Hooker 241 S.Cactus Apache Junction,Arizona Mr.Ken Slocum 1100 E.Linda Apache Junction,Arizona Mr.Sam Spaulding 1476 W.Superstition Blvd. Apache Junction,Arizona Mr.Bob DeBow 4375 Superstition Blvd. Apache Junction,Arizona Mr.Monty Senate 5801 N.23rd Place Phoenix,Arizona Ms Eileen Samis 3030 W.9th Avenue Apache Junction,Arizona Ms Carol Holman 1409 S.Delaware Apache Junction,Arizona Mr.Gerald Cross 1029 E.Mesquite Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS.1 -5 BE ACCEPTED AS PRESENTED,AND THAT ITEM NO.6 BE REMOVED FROM THE AGENDA; AND THAT THE "OPERATING AND PROCEDURES MANUAL"FOR THE PARKS AND RECREATION DEPARTMENT BE ACCEPTED AS PRESENTED,WITH AN EFFECTIVE DATE TO COINCIDE WITH THE EFFECTIVE DATE OF ORDINANCE NO.731,WHICH ESTABLISHES A CHAPTER IN THE CITY CODE FOR PUBLIC PARK REGULATIONS; AND THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO EXPEND CONTINGENCY FUNDS FOR ANY LEGAL ADVERTISING COSTS WHICH EXCEED THE ORIGINAL ALLOCATION OF $17,000; AND THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO EXPEND CONTINGENCY FUNDS FOR AN ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM DATA CIRCUIT CONVERSION FOR THE POLICE DEPARTMENT,IN THE AMOUNT OF $2,713.00. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 2 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Ray Harlan,5733 E.18th Avenue,Apache Junction,suggested that legal advertisements be published also in a local paper,although i t is not required to meet the legal obligation. Mayor Bluntschly called on Mr.Ken Slocum to speak. Mr.Slocum relinquished his request to speak until after Mr.Hooker spoke. Mr.Ray Hooker,241 S.Cactus,Apache Junction,submitted signed petitions for the creation of an Apache Junction Fire Department,and outlined the bene- fits of a municipal Fire Department as well sources of revenue to accomplish that.Mr.Hooker further requested that the City take the information provided and do a complete analysis of the possibilities. Mr.Ken Slocum,1100 E.Linda,Apache Junction,stated that it would be feasible in all aspects for the City growth to start a municipal fire department. CITY MANAGER'S REPORT City Manager Michael R.Lee briefed the Council on the Financial Report, stating that the current balance of checking accounts and investments is $1,992,148.00,however,that is a result of uncompleted street projects,and that revenues are showing a less than anticipated rate of growth which means that so far this year we have realized $819,000 less in total revenues from what was anticipated.Mr.Lee explained that although this sounds serious,expen- ditures are also down by $1.6 million dollars,and that as next years budget is REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 3 being considered there are choices of either cutting services or ways to increase revenues. Mr.Lee reported that the unimproved road on Idaho leading to the Operations service center will be open tomorrow afternoon,and crews are currently working on the intersection at Southern and Ironwood,also at 16th and Ironwood,and should be completed within the next couple of days,and then will be working on drainage pipes on Cortez,with work beginning work on Ironwood between 4th Avenue and Broadway,and then Tomahawk between Tepee and Highway 88 will be upcoming projects. Mr.Lee further reported on the status of the sewer agreement with the City of Mesa,stating that a meeting is scheduled on May 2nd with the City of Mesa Utility Committee which is comprised of three councilmembers,and that we have indicated that there are several councilmembers and staff that have expressed an interest in being at the meeting.Mr.Lee added that it would be prudent for those attending the meeting to get together prior to that to discuss questions and answers,and that everything does look positive with the City of Mesa. PUBLIC HEARINGS ORDINANCE NO.732,ZONING/STREET FINANCING POLICY WITH IMPROVEMENT DISTRICTS )Mayor Bluntschly called on Director of Public Works Rich Broman to brief the Council. Director of Public Works Rich Broman stated that staff was previously directed to modify the policy that would adjust the assessments in the Superstition Improvement District,and Ordinance No.732 does this and is presented for Council consideration. Mayor Bluntschly opened the hearing to the public. Mr.Sam Spaulding,1476 W. Superstition Boulevard,Apache Junction,asked what the payment structure would be at the time of rezoning. Mr.Broman replied that it would be the difference between the residential and commericial assessment payable at the time of rezoning. Mr.Spaulding asked i f it would be interest free for 9 years,i f rezoning took place after 9 years. Mayor Bluntschly explained that i t does not come into being until rezoning. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 4 Mr.Spaulding stated that he is opposed to this due to the District being passed with the emergency clause, shortening the protest period,and now is coming back with changes. Mr.Bob DeBow,4375 Superstition Drive,Apache Junction,addressed the Council agreeing that Apache Junction does need to "get their feet wet"and get this done,but stated that the bond issue needs to be done right,and this may not be the right time.Mr.DeBow questioned the validity of the petitions with the slim majority margin,and also questioned the capability of people to pay the assessments. Mr.Monty Senate,property owner on Superstition Boulevard,5801 N.23rd Place,Phoenix,stated that the way the District addresses the difference between residential and commercial is very inequitable,and also pointed out the depressed real estate market. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. City Engineer Gordon Grandy stated that the ratio in the District is not 10 to 1,but that the formula for assessment is based upon the cost of the improvements per individual property, and that the length of the property and the amount of improvements that may go adjacent to their side streets are all included into that assessment figure,and with that one figure there may be a 10 to 1 ratio but the entire District is not calculated on a 10 to 1 ratio. Councilwoman Alger MOVED THAT ORDINANCE NO.732 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.732,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 13 PUBLIC WORKS,ARTICLE 13-2 STREET AND SIDEWALKS SECTION 13-2-7 STREET FINANCING POLICY FOR IMPROVEMENT DISTRICTS BY ADDING SUBSECTION C REZONING SUBSEQUENT TO THE ORDINANCE OR RESOLUTION OF INTENTION AND NOTICE OF DEMAND FOR CASH PAYMENT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.732,AS READ BY THE CITY CLERK,BE POSTPONED UNTIL THE NEXT REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 5 REGULAR CITY COUNCIL MEETING OF MAY 15,1990,AND IN THE TIME BETWEEN NOW AND THEN WE HAVE A PUBLIC MEETING WITH ALL PROPERTY OWNERS THAT ARE INTERESTED IN THE SUBJECT OF SUPERSTITION IMPROVEMENT DISTRICT,THE CITY COUNCIL AND THE CITY STAFF,A SIMULTANEOUS MEETING WHERE EVERYBODY CAN RECEIVE THE SAME INFORMATION AND HOLD A DISCUSSION ON THE PERTINENT ITEMS OF THIS DISTRICT. Vice Mayor Damiano seconded the motion. Councilman Eidson stated that he would be gone on May 15th and would like to vote on the issue tonight as he is In opposition to the ordinance,and i f he was present on May 15th he would vote "n "o . VOTE:In Favor:Councilman Cox,Vice Mayor Damiano,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly Opposed:Councilman Eidson The motion carried. PROPOSED ORDINANCE NO.735,SUPERSTITION BOULEVARD IMPROVEMENT DISTRICT, AUTHORIZATION TO PROCEED WITH CONSTRUCTION AND SELLING OF BONDS ) )City Engineer Gordon Grandy stated that the work cannot be ordered,which is what this ordinance accomplishes,i f the previous ordinance is not approved. poning this also. Councilwoman Alger suggested post- Councilwoman Alger MOVED THAT ORDINANCE NO.735 BE POSTPONED UNTIL MAY 15,1990. Vice Mayor Damiano seconded the motion. Councilman Vehon commented that he is only beginning to understand the issue,and as the Council has heard tonight, there is a lot of misunderstanding on ratios,of payback,and a lot of these things,and the two week delay may allow everyone to come back with the same information. Councilman Eidson stated that his opinion is the same with this ordinance as the previous ordinance,and cannot support an ordinance unless there is evidence that the majority of the people approve the District. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 6 Councilwoman Alger agreed that she also does not feel comfortable going forward with this ordinance as so many of the people are not in agreement,but possibly this suggested meeting will elimi- nate some of the opposition. Councilman Cox stated that things would have to be a little more equal before he could vote in favor of it. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Alger,Councilman Cox, Councilman Vehon,Mayor Bluntschly Opposed:Councilman Eidson The motion carried. Councilwoman Alger responded to a question from the audience,that staff would take care of notifying the property owners of the meeting discussed. Mayor Bluntschly added that there would be an agenda posted. PROPOSED ORDINANCE NO.731,AMENDING CITY CODE BY ESTABLISHING A CHAPTER FOR PUBLIC PARK REGULATIONS.) )Director of Community Services Jeff Bell explained that Ordinance No.731 amends the City Code by creating a new chapter establishing rules and regulations pertaining to public parks and recreational facilities,and is essentially a house keeping item which separates the rules and regulations from the Operations and Procedures Manual in an attempt to simplify the enforcement of the regulations. Mayor Bluntschly asked i f there was anyone who wished to address the Council on this item.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Eidson MOVED THAT ORDINANCE NO.731 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. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 7 City Clerk Kathleen Connelly read as follows: ORDINANCE NO.731,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,BY ADDING CHAPTER 15 ENTITLED PUBLIC PARK REGULATIONS,ARTICLES 15-1-1 DEFINITIONS;15-1-2 PARK OPERATIONS;15-1-3 RECREATIONAL ACTIVITIES;15-1-4 SANITATION;15-1-5 RESERVED USES;AND 15-1-6 ENFORCEMENT AND PENALTY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.731,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.90-11,DECLARING CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES AS PUBLIC RECORD PROPOSED ORDINANCE NO.733,ADOPTING CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES BY REFERENCE )Director of Library Pam Loui explained that the City of Apache Junction Public Library Policies are adopted by ordinance and have been voted upon for revision by the Library Board of Trustees and now requires Council adoption. lution and that i t is anyone who wishing to Councilman Vehon asked i f the reso- ordinance are to be considered simultaneously or separately. City Clerk Kathleen Connelly replied at the Council's pleasure,but that either way is appropriate. Mayor Bluntschly asked i f there was wished to address the Council on this item.There being no one speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT RESOLUTION NO.90-11 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK,AND ENTITLED CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES,BE APPROVED AND ADOPTED; REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 8 AND THAT ORDINANCE NO.733,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.733,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING ORDINANCE NO.634 AND ADOPTING ORDINANCE NO.733 IN LIEU OF,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.733,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Alger seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.734,AMENDING CITY OF APACHE JUNCTION CITY CODE BY ESTABLISHING SECTION 9-2-15,PLACEMENT OF REFUSE CONTAINERS )Building Official Charles Coleman stated that Council directed staff to investigate the regulating of the location of refuse containers,and an ordinance has been prepared for consideration con- taining the specific areas of concern. Mayor Bluntschly asked i f there was anyone who wished to address the Council on this ordinance.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.734,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 9 VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.734,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 11,BY ESTABLISHING A NEW SECTION 9-2-15 ENTITLED PLACEMENT OF REFUSE CONTAINERS,FIXING THE PERMITTED LOCATION FOR REFUSE CONTAINERS,REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.734,AS READ BY THE CITY CLERK,BE DENIED. Councilman Vehon seconded the motion. Vice Mayor Damiano amended the motion:THAT DIRECTION BE GIVEN STAFF TO GET ALL OF THE REFUSE COLLECTION COMPANIES IN APACHE JUNCTION INVOLVED IN GETTING TOGETHER AND GIVE INPUT AS TO HOW THEY GO ABOUT DRIVING INTO DRIVEWAYS ALLEYWAYS,AS SOME ARE TOO NARROW TO ALLOW FOR REFUSE PICKUP. Vice Mayor Damiano commented that something needs to be resolved,as a particular incident came up with one in front of an apartment building on the street side. Councilwoman Alger asked i f the Vice Mayor Damiano's request could be accomplished with a separate agenda action, under Direction to Staff and include the Co-op situation previously discussed at the work session. Mayor Bluntschly agreed that this would be more appropriate then amending the motion. City Manager Michael R.Lee stated that an agenda item may not be necessary as enough information has been received for staff to proceed administratively without Council action being necessary. Vice Mayor Damiano withdrew the amendment. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 10 Mayor Bluntschly recessed the meeting at 8:05 p.m. Mayor Bluntschly reconvened the meeting at 8:12 p.m. OLD BUSINESS APPROVAL OF CITY MAGISTRATE CONTRACTS FOR 26 MONTH PERIOD ) )City Attorney David Alexander stated that the Council has the fourth or fifth draft of the agreement for City Magistrates and commented that staff is in the process of making City Code amendments,specifically the Magistrate section making Corwin Brundrett the pre- siding Magistrate and Grace Villarreal the Magistrate,while the contracts currently are for Ms Villarreal as Assistant City Magistrate.Mr.Alexander further stated that these contracts have provisions for vacation time and sick leave which terminates upon the scessation of this particular agreement,and that the carrying over of those should the Council wish to retain these persons in the future would be a negotiation point,and that another question was the prevention of outside employment which is meant to include self-employment,men- tioned in Section 2 subparagraph D,and should the Council feel the specific verbage needs to be included in the agreement,he would do so. Councilwoman Alger asked i f the preclusion of outside employment or self-employment is a typical contract item. Mr.Alexander replied that most cities do this to prevent judges practicing law or holding two positions,as some cities have found that their magistrates were going to another city to act as the justice of the peace. Councilwoman Alger pointed out that Judge Villarreal's real estate position is not in conflict with the Court duties. Mr.Alexander stated that i t is not an apparent conflict but might be viewed as,either by Councilwoman Alger or the public,as a conflict and that there is a provision in the contract that i f in fact i t is necessary to work at outside employment where the Council may approve that particular instance. Councilman Eidson asked i f the contracts may be voted on separately. Mr.Alexander replied that this may be done. Councilman Eidson MOVED THAT THE CITY MAGISTRATE CONTRACT FOR CORWIN BRUNDRETT AS CITY MAGISTRATE BE ACCEPTED AS PRESENTED FOR A 26 MONTH PERIOD,TO END ON JUNE 30,1992; REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 11 AND FURTHER THAT DIRECTION BE GIVEN TO THE CITY ATTORNEY TO PROCEED WITH NECESSARY AMENDMENTS TO THE CITY CODE,TO REFLECT CONDITIONS STIPULATED IN THE CONTRACTS. Vice Mayor Damiano seconded the motion. Councilwoman Alger asked i f the intention is to not have a second judge. Vice Mayor Damiano replied that the intent is to vote on the contracts separately. Councilwoman Alger asked what the purpose is of two motions. Councilman Eidson replied that he has a concern that there is sufficient work load for two judges,and wished the second contract could be held off. Councilwoman Alger commented that that is Councilman Eidson's privilege,although Council has been assured that the work load is there. VOTE:Unanimous The motion carried. Councilwoman Alger MOVED THAT THE CITY MAGISTRATE CONTRACT FOR GRACIE VILLARREAL AS ASSISTANT CITY MAGISTRATE BE ACCEPTED AS PRESENTED FOR A 26 MONTH PERIOD,TO END ON JUNE 30,1991. Vice Mayor Damiano seconded the motion. VOTE:In Favor:Councilman Vehon,Vice Mayor Damiano,Councilwoman Alger, Mayor Bluntschly Opposed:Councilman Cox,Councilman Eidson The motion carried. NEW BUSINESS APPOINTMENTS TO CONSTRUCTION CODE BOARD OF APPEALS )Councilwoman Alger asked i f Mrs.Miller was able to attend this evening. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 12 Mayor Bluntschly commented that she apparently couldn't. Councilwoman Alger MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS: KEN SANCHEZ AS PROFESSIONAL ARCHITECT OR ENGINEER CHARLES BALZER AS GENERAL CONTRACTOR MEL MULHOLLAND AS CONTRACT OTHER THAN GENERAL CONTRACTOR CHRISTIANA JUCK AS THE LAY PERSON. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID ----LITTLE LEAGUE CONCESSION BUILDING )Councilman Vehon MOVED THAT THE BID FOR THE LITTLE LEAGUE RESTROOM/CONCESSION FACILITY BE AWARDED TO C.A.BALZER CONSTRUCTION,IN THE AMOUNT OF $59,800.00. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. APPEAL OF STATE LIQUOR BOARD APPROVAL OF SERIES 6 LIQUOR LICENSE (KOZY KORNER)) )Mayor Bluntschly stated that there appears to be additional information on this item. City Attorney David Alexander explained that a letter has been submitted to the City suggesting that a gentleman other than the licensee is representing himself as the owner of the business in question,and that this may be considered newly discovered material, which is one of the seven that may be basis for a rehearing request,and that other then that there doesn't appear to be a basis for requesting a rehearing. Mayor Bluntschly asked i f the City Attorney believes this information is sufficient. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 13 Mr.Alexander replied that yes,in that the letter has some facts that the City was not aware of at the time of the original hearing,and that the Council may wish to ask the Building Official for a brief summary of the happenings at the last occasion in which these indivi- duals were considered for a liquor license location transfer. Mayor Bluntschly called on Building Official Charles Coleman. Building Official Charles Coleman stated that some time ago the Building Department was approached for a permit to do remodeling at the old Circle K on Superstition Boulevard by a Mr. Feldkirchner,and it was later discovered that this was also the location for the proposed liquor license transfer in the name of Ms Dale Howarth who stated that the business was held %100 by herself.Mr.Coleman further stated that Ms Howarth later explained that Mr.Feldkirchner was the previous owner of the liquor license and that his representation as the business owner was a misunderstanding,although i t is peculiar that Mr.Feldkirchner is now holding himself out in the same way that he did in the previous application. Mr.Alexander stated that at the State Liquor Board hearing Mr.Feldkirchner also requested an extension on this particular license,and either he has two licenses or the previous transfer by the Liquor Board didn't take place,but that the request for rehearing may be based upon the apparent inconsistency over prior decisions and the letter of April 15th submitted by Travelcare Seminars,Inc.,and the similarities in cir- cumstances of the application a year ago.Mr.Alexander added that i t is up to the Council as to whether or not these are substantial enough basis. Councilman Vehon asked Mr.Coleman if anyone has approached the Building Department for a permit at this new location. Mr.Coleman replied that no one remembers any doing so,but that at the time the last permit was issued,it was indicated that they would probably wait until the liquor license was in place. Mayor Bluntschly informed the Council that there are public wishing to address the Council,but as this is not a public hearing,it would mean a consensus of the Council. Councilmembers gave a general con- sensus to allow public to speak. Ms Eileen Samis,3030 W.9th Avenue, Apache Junction,addressed the Council stating that at the time Mr.Feldkirchner applied for the building permit,she and her daughter Dale Howarth were not involved,but decided to purchase the liquor license after that happened.Ms Samis further stated that Mr.Feldkirchner is their mortgage holder but has no other connection to the business,and also expressed the opinion that the City REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 14 is treating them with prejudice as police officers approached the adjacent busi- nesses to ask for opinions on the Kozy Korner being located in the plaza. Mayor Bluntschly asked i f the Council had any questions. Councilwoman Alger asked if Ms Samis had ever been in business with Mr.Feldkirchner in the past. Ms Samis replied that she worked for him as a bartender many years ago and have since been working in Mesa,but that she is in no way related to him except as a mortgage holder. Councilwoman Alger asked if Ms Samis had a pizza place behind the KC Bar. Ms Samis replied that she did but i t was leased from Mr.Cookie Parks and had nothing to do with Mr.Feldkirchner. Councilman Vehon asked i f Mr.Feldkirchner will be at all involved with the operation of this establishment. Ms Samis replied that he would not. Councilwoman Alger asked i f Mr.Feldkirchner had the right to represent Dale Howarth when he spoke to the other business people in the plaza,as stated in the letter submitted to the City. Ms Samis replied that he is only a part of the business as the mortgage holder,and added that Mr.Feldkirchner approached the other business people in the plaza as there was a rumor that he is a criminal and he wished to explain that his record is because of DWI's and to defend himself. Mayor Bluntschly asked i f there were any other questions. Ms Samis asked i f she could speak again after the opposition spoke. Mayor Bluntschly explained that there is no rebuttal as this is not a public hearing. Ms Samis stated that in that case she would like to add that several of the persons who signed the original peti- tion did so without their companies approval,and those signatures should be removed,and further stated that much debris is currently in the plaza and the establishment in question is not there as yet to contribute. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 15 Ms Carol Holman,1409 S.Delaware, Apache Junction,addressed the Council requesting that a rehearing be held at the State Liquor Board,and stated that she had worked at plaza in Tempe where a similar type business was located and that the agency she worked for ended up having to move due to the debris,left over cars,and hazardous conditions caused by that business.Ms Holamn also attested to the letters submitted by her to the City as being true. Mr.Gerald Cross,1029 E.Mesquite, Apache Junction,proprietor of Flonnie's Womens Wear in the Superstition Plaza, pointed out that the proposed rear parking of Kozy Korner is adjacent to the First Baptist Church recreational facility,and would not be appropriate. Councilwoman Alger asked Mr.Alexander if as the mortgage holder on the liquor license,i f the licensee should default on the mortgage,could Mr.Feldkirchner retain possession of the license and operate the business. Mr.Alexander replied that he didn't know in this case,but that normally a mortgage holder would take the collatoral back. Councilwoman Alger asked i f the State would allow him to operate the business with the license. Mr.Alexander commented that he did not know you could take a mortgage on a liquor license. Director of Public Safety Bill McDaniel stated that i f he were to take the license back,he would have to go to the Liquor Board and the Board would not approve Mr.Feldkirchner at this time. Councilwoman Alger commented that the Council's concern is not so much with the ladies but the fact that Mr.Feldkirchner is always there,and past experience with him has not been advantageous for the community. Councilwoman Alger MOVED THAT THE CITY OF APACHE JUNCTION FILE AN APPEAL TO THE STATE OF ARIZONA LIQUOR BOARD IN REGARDS TO THE DECISION MADE ON APRIL 5TH WITH THE APPLICATION SUBMITTED BY DALE HOWARTH FOR KOZY KORNER WITH THE FOLLOWING REASONS: THAT REPRESENTATION OF PRESENT OWNERSHIP IS CLOUDY,WE ARE NOT SURE WHO ACTUALLY IS THE OWNER OF THE LIQUOR LICENSE. Councilwoman Alger asked i f this was sufficient. Mr.Alexander stated that con- sideration may be given to adding the letter of April 15,1990 as additionally REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 16 discovered evidence,and that a transcript of this hearing be incorporated as a basis of additiona,newly discovered material. City Clerk Kathleen Connelly suggested that under the Administrative Code,items one,four and six should be mentioned. Mr.Alexander explained THAT NUMBER SIX IS THE QUESTION,WHAT IS THE STATUS OF THIS PARTICULAR LIQUOR LICENSE;HAS IT IN FACT BEEN TRANSFERRED TO DALE HOWARTH AT A PRIOR TIME,AND IF IT WERE TRANSFERRED TO dALE hOWARTH AT A PRIOR TIME,THEN WHY IS MR.FELDKIRCHNER NOW GETTING THE SIX MONTH EXTENSION,SO THAT WOULD BE UNDER REASON NUMBER SIX,IN THE ADMISSION OF REJECTION OF EVIDENCE;IT COULD BE AN "IRREGULARITY"UNDER NUMBER ONE,SO THAT COULD BE UNDER NUMBER ONE,FOUR AND SIX OF SUBSECTION D OF THE ARIZONA ADMINISTRATIVE CODE,CHAPTER 15 R4-15-107. Councilwoman Alger MOVED THAT THE CITY CLERK TAKE THE CITY ATTORNEY'S STATEMENTS AND PUT THEM INTO THE MOTION. Councilman Eidson seconded the motion. Councilman Eidson commented that the rear area proposed to be used as parking for the establishment does not have enough room for cars to park i f large trucks are coming around the corner. VOTE:In Favor:Vice Mayor Damiano,Councilwoman Alger,Councilman Cox, Councilman Eidson,Mayor Bluntschly Opposed:Councilman Vehon The motion carried. INDUSTRIAL DEVELOPMENT AUTHORITY - MARICOPA COUNTY,INTENT TO ISSUE STATEWIDE SINGLE FAMILY MORTGAGE REVENUE BONDS SERIES 1990 )Director of Development Services Adriane Brown -White explained that the IDA of Maricopa County intends to issue statewide single family mortgage revenue bonds,and the proceeds will be used in a purchase program to finance the acquisition of owner -occupied single family detached or attached dwelling units,with the locations to be on a statewide basis,and will be for home buyers who apply for an receive approval of home mortgage loans. Councilman Vehon asked why Maricopa County needs the City of Apache Junction's approval. Ms Brown -White said that they have requested the approval,and they will assume authorization i f there is no response. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 17 Councilman Vehon reiterated that this is basically saying that we wish to participate. City Manager Michael R.Lee explained that Maricopa County doesn't have any authority within the City of Apache Junction unless the Council gives i t to them. Councilman Vehon MOVED THAT THE USE OF THE PROCEEDS FROM THE STATEWIDE SINGLE FAMILY MORTGAGE REVENUE BONDS SERIES 1990 BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA TO FINANCE OWNER -OCCUPIED SINGLE FAMILY DWELLING UNITS WITHIN THEIR JURISDICTION, BE APPROVED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS: DIRECTION TO STAFF TO CHANGE CITY ORDINANCES THAT GIVE THE DIRECTION OF PUBLIC WORKS AUTHORITY TO ALLOW THE POSTPONEMENT OF OFF -SITE IMPROVEMENTS. City Manager Michael R.Lee recom- mended that the Council not eliminate the postponement authority,as situations do arise where they would be useful,although Council may wish to have some assurance that off -site improvements will be put in at some later date which could be done by some kind of cash bond or letter of credit from a bank. Councilwoman Alger asked i f the cash bond or letter of credit can be handled administratively i f the Council vests that authority administratively. Mr.Lee suggested that those items considered acceptable be included in the motion,and then the Council would be setting the policy. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER TO DRAFT AN ORDINANCE TO AMEND THE ORDINANCE THAT GIVES THE DIRECTOR OF PUBLIC WORKS AUTHORITY TO ALLOW THE POSTPONEMENT OF OFF -SITE IMPROVEMENTS AS FOLLOWS: THAT THE AUTHORITY SHALL BE VESTED WITH THE CITY MANAGER AND THAT WE SHOULD MAKE PROVISION FOR SOME TYPE OF COMMITMENT IN A CASH BOND OR LETTER OF CREDIT OR SOMETHING SIMILAR AND THAT THESE OTHER SUGGESTIONS BE BROUGHT BACK TO US IN THE ORDINANCE. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 18 Councilman Cox seconded the motion. Councilman Eidson stated that the Council is about to "put their feet in hot water"again,and in trying to make things better,the reverse is occuring as this point did as a Council will end up costing business people in the City of Apache Junction.Councilman Eidson stated that he is against requiring payment upfront,as the small businesspeople cannot afford it. Councilwoman Alger stated that the City is attempting to find a way to work with the small businessman,and i t is necessary to change the image of the City of Apache Junction and that the City cannot afford any longer to carry the load of improving the infrastructure,and the businessperson has to begin to participate and this is an attempt to find a less expensive way to accomplish that.Councilwoman Alger added that a cash bond or letter of credit is not expensive in comparison to putting in a street, and is a commitment that the businessperson is going the participate. Councilman Eidson suggested that only one out of ten will probably qualify for a letter of credit,and agreed that something needs to be did,but everytime the Council takes this type of step i t seems to hurt the community and business coming into Apache Junction. Mayor Bluntschly commented that the statements made by Councilman Eidson makes the assumption that all businesses in Apache Junction are going to always be small and will not have the revenues to put in what is necessary,and that he doesn't agree with that philosophy as the rest of the community is bearing the burden of putting in these infrastructures. Mayor Bluntschly added that it will hurt some,but this is true with any action taken,and when running for the Council a commitment was made to be fair to everybody,and i t is time that the small businesses pay their fair share. Councilwoman Alger stated that a lot of communities are using development and impact fees,and they have managed to work in a cooperative team to make their cities grow and improve,and the Council owes i t to the business community to find ways to work as a team but they still have to make a commitment of some kind. Councilman Eidson stated that Apache Junction has been a city for ten years and who has been paying the expenses all these years,it's not the average citizens but the small business people,and there has to be some way for the rest of the community to pay their fair share. Mayor Bluntschly asked i f that is true,what has happened to all of the property taxes he's been paying. Councilman Eidson replied that i t goes to the Council,not Apache Junction. Mayor Bluntschly added that some of i t does. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 19 Councilman Eidson replied that very little does. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Vehon, Mayor Bluntschly Opposed:Councilman Eidson,Vice Mayor Damiano The motion carried. DIRECTION TO STAFF ON WEEKES WASH DAM JOINT PROJECT WITH PINAL COUNTY. Councilman Vehon MOVED THAT DIRECTION BE GIVEN STAFF,THROUGH THE CITY MANAGER,TO PROCEED WITH NEGOTIATIONS AND OTHER NEEDED COOPERATION TO OBTAIN INFORMATION NECESSARY TO DECIDE IF THE CITY OF APACHE JUNCTION WISHES TO PROCEED WITH THIS DAM JOINT PROJECT IN THE NEXT BUDGET YEAR OR BE A PARTICIPANT IN THE FUTURE. Councilwoman Alger seconded the motion. Councilman Eidson stated that we do need to cooperate with the County,but whoever makes the presentation to the County to call to their attention that the City is cooperating in trying to get this did. VOTE:In Favor:Councilman Vehon,Councilman Eidson,Councilwoman Alger Opposed:Councilman Cox,Vice Mayor Damiano,Mayor Bluntschly The motion failed. ITEM BE POSTPONED UNTIL MAY 1,1990. motion. Councilwoman Alger MOVED THAT THIS Councilman Vehon seconded the VOTE:In Favor:Councilwoman Alger,Councilman Vehon,Councilman Eidson, Vice Mayor Damiano Opposed:Councilman Cox,Mayor Bluntschly The motion carried. City Attorney David Alexander com- mented that this may not have been proper,but i t probably would have been placed on the next agenda,anyway. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 20 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, APRIL 30,1990 EXECUTIVE SESSION,WORK SESSION, MAY 1,1990 ) )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 30,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON MAY 1, 1990,IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. Councilman Vehon amended the motion THAT A JOINT WORK SESSION WITH COUNCIL AND STAFF BE HELD ON MAY 12,1990,AND A JOINT MEETING WITH THE CHAMBERS OF COMMERCE AND COUNCIL ON MAY 22,1990,AT 6:30 P.M. Councilwoman Alger seconded the amendment. VOTE (on amendment):In Favor:Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson, Mayor Bluntschly Opposed:Vice Mayor Damiano The amendment carried. Mayor Bluntschly requested that a revised memo be distributed on the meeting dates coming up. VOTE (on original motion as amended:Unanimous The motion carried. INFORMATION AND REPORTS Councilwoman Alger reminded everyone of the Policeman's Ball on Saturday night. ADJOURNMENT ) )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 9:20 p.m. REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 21 Consent Agenda Items are as follows: 1.Acceptance of Agenda 2.Acceptance of Minutes of Regular Meeting of April 3,1990 3.Acceptance of the Parks and Recreation Department "Operating and Procedures Manual." 4.Authorization to expend contingency funds for legal advertising costs. 5.Authorization to expend contingency funds for Data Circuit Conversion. 6.Authorization to assign insurance contracts. APPROVED AND ADOPTED THIS 1ST DAY OF MAY ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF MAY ATTEST: KATHLEEN CONNELLY City Clerk ,1990. ENNETH BLUNTSCHLY Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 17,1990 PAGE 22 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 17th day of April,1990.I further certify that the meeting was duly called and held and that a quorum was present. Dated this i /e)day of 1 ; 0 2 1 1990. KATHLEEN CONNELLY City Clerk