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HomeMy WebLinkAbout1989-05-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 2,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 2,1989,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 Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Connolly Councilwoman Gardner Councilman Burgess Councilman Cox Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant to the City Manager George Hoffman Detective Lieutenant Loui Garcia Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Assistant Planner Julie Reid Associate Planner/Deputy Director Jim Nakagawa Mr.Richard John Tasso 9a45 E.Scenic Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 1 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 -9 BE ACCEPTED AS PRESENTED; AND THAT THE CLAIM SUBMITTED BY JOHN L.MCLAWS,P.C.,ON BEHALF OF IVA ROBERTS BE REFERRED TO THE CITY OF APACHE JUNCTION'S INSURANCE CARRIER; AND THAT THE FOLLOWING METHOD BE TAKEN FOR REVIEWING THE PERSONNEL BOARD DECISION ON APPEAL BY DEBBIE K.FREEBORN: THAT THE COUNCIL RENDER A DECISION ON THE RECOMMENDATIONS OF THE PERSONNEL BOARD,BASED UPON THE INFORMATION CONTAINED IN THE RECORD,SUCH AS THE MINUTES OF THE PERSONNEL BOARD MEETINGS,THE DOCUMENTS ENTERED INTO EVIDENCE AT THE HEARING AND THE FINDINGS OF THE BOARD,AND THAT THE VERBATIM TRANSCRIPT OF THE HEARING; AND THAT THE INDEMNIFICATION AGREEMENT BETWEEN H.ROY AND ANNETTE MCCOY AND THE CITY OF APACHE JUNCTION BE APPROVED AS PRESENTED;AND AUTHORIZATION BE GIVEN THE CITY ATTORNEY TO COMMENCE LITIGATION; AND THAT THE BIDS FOR PROJECT PW-89-02,PUBLIC WORKS BUILDING (CITY ANNEX SITE) BE REJECTED; AND THAT THE CITY ACT AS GENERAL CONTRACTOR AND SOLICIT BIDS INDIVIDUALLY FOR VARIOUS PARTS OF THE PROJECT; AND THAT THE PROPOSED RESOLUTION NO.89-12,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602,ARIZONA REVISED STATUTES,BE APPROVED AND ADOPTED; AND THAT THE BID FOR SHUFFLEBOARD COURTS,PROJECT CS -89-1,BE AWARDED TO W.L. EMSHOFF IN THE AMOUNT OF $14,688.00,AND THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER TO EXPEND FUNDS NOT TO EXCCED THIS AMOUNT FROM THE CONTINGENCY FUND. Councilman Cox seconded the motion. City Attorney David Alexander suggested that the Council set a date for the consideration of Debbie Freeborn's appeal. Councilwoman Gardner ADDED THAT IN THE CASE OF DEBBIE K.FREEBORN,THE REVIEWING OF THE PERSONNEL BOARD DECISION WILL TAKE PLACE ON MAY 16,1989,AND A DECISION RENDERED AT THAT TIME. Councilman Cox agreed to the addition to the motion. VOTE:Unanimous (except Mayor Bluntschly abstaining on Item No.2,as he was not present at the April 4,1989 meeting) REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 2 The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly introduced former councilman and Council -elect Jimmy Eidson,Planning and Zoning Commissioner and Council -elect Sharyn Alger, representatives from the Salvation Army,news media,Council -elect Robin Barker, and staff,and thanked everyone for attending. AWARDS,PRESENTATIONS AND COMMUNICATIONS Deputy City Clerk Lori Zmayefski read a Proclamation for "Public Works Week" to take place May 21 -27,1989. Mayor Bluntschly presented the Proclamation to Director of Public Works Rich Broman. Director of Public Works Rich Broman explained that this is in conjunction with National Public Work Week,and a Public Works Cleanup Week has been done since 1983,and in 1986 they started doing Cleanup Week twice a year. Deputy City Clerk Lori Zmayefski read a Proclamation for "Apache Junction Salvation Army Week"to take place May 7 -13,1989. Mayor Bluntschly presented the Proclamation to Captain McFarland of the Salvation Army. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly stated that budget preparation is continuing,with departments to submit budgets to Finance by May 8th so that preliminary estimates can be prepared,after which there will be meetings with each department on their requests with the intent to present the new Councilmembers as soon as possible the first budget report,hopefully after June 6th.Ms Connelly stated that the departments are organizing a series of briefings for the newly appointed Councilmembers and newly elected Councilmembers with the intent of explaining the various city programs and projects,overall organization,Council/Staff relations,board and commission functions,and other areas of general interest,hoping to make the transition REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 3 from citizen to Councilmember smoother for everyone.Ms Connelly stated,in conclusion,that for three days last week Vice Mayor Damiano and Assistant to the City Manager George Hoffman attended a Pinal County Forum in Casa Grande, and asked Mr.Hoffman for an overview of that forum. Assistant to the City Manager George Hoffman stated that Vice Mayor Damiano, Sandy Smith from the School Board,and himself attended this Forum representing the City,and that the intent of the Forum was to develop a vision for Pinal County,and to develop those into a series of economic development issues with five of those issues selected to impact the future,and when those are tabulated and sent to us,they will be presented for the Council to review. PUBLIC HEARINGS APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR MAY 19,1989,SOROPTIMIST INTERNATION OF APACHE JUNCTION )Mayor Bluntschly asked i f there was anyone who wished to address the Council on this application.There being no one wishing to speak,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY SOROPTIMIST INTERNATIONAL OF APACHE JUNCTION,WITH THE EVENT TO BE HELD ON MAY 19,1989,AT 212 W.SUPERSTITION BLVD.,BE RECOMMENDED TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SERIES 6 LIQUOR LICENSE, SUPERSTITION SKIES RESTAURANT & LOUNGE ) )Mr.Richard lasso,945 E.Scenic, Apache Junction,applicant for the Liquor License,requested approval of the application. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A SERIES 6 LIQUOR LICENSE,SUBMITTED BY MR.RICHARD JOHN TASSO FOR SUPERSTITION SKIES RESTAURANT AND LOUNGE,BE RECOMMENDED TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 4 Councilman Cox seconded the motion. Councilman Vehon asked about the recommmendation from the Building Division that the upper floor of Superstition Skies be removed from consideration for liquor license,and pointed out that there is no mention of the upstairs in the application. Mr.Tasso stated that he was not aware of this recommendation,but that the upstairs is not currently being used, and there is no intention of i t being used in the near future. Councilman Vehon stated that i f i t is used,there may be a need to reapply for the liquor license. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.89-13,DECLARING COMMUNITY SERVICES DEPARTMENT FACILITY OPERATING AND PROCEDURES MANUAL PUBLIC RECORD PROPOSED ORDINANCE NO.672,ADOPTING THE COMUNITY SERVICES DEPARTMENT FACILITY OPERATING AND PROCEDURES MANUAL )Director of Community Services Jeff Bell explained that this manual has been updated to include dealing with the sponsorship of low income individuals and families for participation in City programs and a proposed minor increase in rental fees for use of City ballfields to offset expenses in preparing those facilities,and stated that the Parks and Recreation Commission recommended approval of the updated Manual. Councilwoman Gardner commented that the parks are looking great and commended Mr.Bell. Councilman Burgess asked about drinking alcohol at the parks or other facilities. Mr.Bell replied that groups of seven or more are required to obtain a permit,except for family -type outings. Vice Mayor Damiano asked i f groups from outside the City can use the facilities. Mr.Bell answered that this is not a problem,and i f in the future this begins to cut into time for residents,i t will be looked at. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance.There REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 5 being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Gardner MOVED THAT RESOLUTION NO.89-13,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION COMMUNITY SERVICES DEPARTMENT FACILITY OPERATING AND PROCEDURES MANUAL,BE APPROVED AND ADOPTED, AND THAT ORDINANCE NO.672 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.672,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING ORDINANCE NO.623 AND ADOPTING ORDINANCE NO.672 IN LIEU OF,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION COMMUNITY SERVICES DEPARTMENT FACILITY OPERATING AND PROCEDURES MANUAL;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.672,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS STATUS REPORT ON BUSINESS PROGRESS AWARDS (PROJECTS PRIOR TO 1988) )Economic Development Specialist John REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 6 Schoeph outlined the existing Business Progess Awards project and process for selection,and stated that direction is now required from the Council,with alternatives provided,on how to proceed with dealing with the apparent problem, which has to do with the criteria for the business appreciation. Councilman Vehon MOVED THAT THE FOLLOWING ALTERNATIVE BE CHOSEN FOR THE BUSINESS PROGRESS AWARDS: THAT WE REPOLL COUNCILMEMBERS ON NOMINEES CLEARED AS IN COMPLIANCE. Councilwoman Gardner seconded the motion. Councilman Burgess stated that initially i t was decided that anytime someone built a new building,they would receive an award,and also to thank you to all of the others,but that would be impossible as someone will be left out,and the idea should be to start from this point. Councilman Vehon stated that there are some existing businesses that have made recent improvements that are deserving of recognition,that have not been addressed. Councilman Burgess asked what constitutes recognition,who will decide who did good or bad? Councilwoman Gardner commented that many only do what is required,but that this program was started to recognize those who are attempting to construct "outstanding"in the beautification area. Mayor Bluntschly stated that some have done that,but that some have run afoul with Sign or Building Codes,and suggested that those awards be held off until the business owner is in compliance. Vice Mayor Damiano stated that many businesses have made an effort to make the business better,and should be awarded for improving the image of Apache Junction,with possibly a citizen committee to made these decisions on who is eligible for award. Mayor Bluntschly asked Vice Mayor Damiano i f he agreed that criteria is necessary. Vice Mayor Damiano replied that some criteria is necessary,but certain things such as not being in compliance,could be minor,as the citation could have been issued unfairly by whomever issued it. Vice Mayor Damiano added that this could be holding an axe over their heads,and should be awarded anyway for making the improvement. Mayor Bluntschly agreed,but stated that he could not vote to give someone an award i f they are not in compliance with the rules and regulations of the City. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 7 Councilman Burgess again asked how to choose those eligible for an award. Mayor Bluntschly suggested re- evaluating the program,and establish some criteria that everyone can agree with. Councilman Burgess commented that the Chamber of Commerce used to give awards,such as one to Arnold's Auto Center,but have since quit. Councilwoman Gardner suggested a subcommittee with staff comment on recommending. Councilman Burgess asked how many years would these awards go back. Councilwoman Gardner stated that i t should be limited,but possibly since the City's incorporation. improvements can be seen visually. be left out? Vice Mayor Damiano stated that Councilman Burgess asked who would Vice Mayor Damiano agreed that those who are issued citations are questionable,but some of those citations could have been,not overlooked,but "weighed". Mayor Bluntschly commented that this is entering into "selective enforcement",which is not the subject under discussion. Acting City Manager/City Clerk Kathleen Connelly stated that there were some businesses suggested for awards that did not even have business licenses,which is basic,and not even dealing with a Code interpretation. Mayor Bluntschly stated that this should be put on a work session agenda for further discussion. Gardner withdrew the motion and second. ITEM BE POSTPONED UNTIL JUNE 20,1989. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 8 Councilman Vehon and Councilwoman Vice Mayor Damiano MOVED THAT THIS Councilman Cox seconded the motion. VOTE:In Favor:Councilman Burgess,Councilman Cox,Councilman Connolly, Councilwoman Gardner,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Vehon The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: DIRECTION TO PLANNING AND ZONING COMMISSION AND APPROPRIATE STAFF REGARDING THE REMOVAL OF A MOBILE HOME TONGUE OR HITCH Councilman Burgess MOVED THAT DIRECTION BE GIVEN STAFF TO LOOK INTO CHANGING THE LANGUAGE THAT SAYS THAT A TONGUE OR A HITCH HAS TO BE REMOVED FROM A MOBILE HOME ON INSTALLATION ON PRIVATE PROPERTY. Vice Mayor Damiano seconded the motion. Mayor Bluntschly commented that this language may be too vague to accomplish what is intended. Acting City Manager/City Clerk Kathleen Connelly stated that since this does not have to go through the Planning and Zoning Commission hearing process,i f this were more specific an ordinance could be prepared. Councilman Burgess changed the motion to:THAT THE TONGUE OR HITCH DOES NOT HAVE TO BE REMOVED FROM A MOBILE HOME ON INSTALLATION ON PRIVATE PROPERTY,IN ALL CASES,BUT MUST BE SKIRTED FOR CONCEALMENT. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. DIRECTION TO PLANNING AND ZONING COMMISSION AND APPROPRIATE STAFF REGARDING THE REGULATION OF YARD SALE SIGNS Councilman Burgess stated that there is a problem with yard sale signs,and the ordinance is not being enforced. Director of Public Works Rich Broman stated that i f a yard sale sign is seen in the right-of-way,the City does enforce the ordinance and pick up the sign. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 9 Councilman Burgess MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION AND APPROPRIATE STAFF REGARDING REGULATIONS FOR YARD SALE SIGNS:THAT IT GO BACK TO BE REVIEWED AND CHANGED SO THAT EVERYONE CAN LIVE WITH IT. City Attorney David Alexander commented that this would have to go to the Planning and Zoning Commission for hearing. Councilman Burgess MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION FOR CONSIDERATION OF THE YARD SALE SECTION OF THE SIGN ORDINANCE. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. DIRECTION TO STAFF TO AMEND THE CITY CODE REGARDING COUNCIL VOTING PROCEDURES Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO DRAFT AN ORDINANCE AMENDING THE CITY CODE REGARDING COUNCIL VOTING PROCEDURES AS FOLLOWS: WHEN NOMINATING FOR VACANT COUNCIL POSITIONS,NOMINATIONS SHALL BE UNLIMITED, HOWEVER,EACH COUNCILMEMBER MAY VOTE FOR ONLY ONE NOMINEE PER OFFICE. Councilwoman Gardner seconded the motion. Councilman Burgess disagreed,saying that i f his nominee lost,there should be an opportunity to vote for another nominee. City Attorney David Alexander explained the motion,but that previous discussion was understood that i f four persons were nominated,each councilmember could only vote for one of the four so that there would never be a four -three vote,but there could be a "run-off". Councilman Burgess stated that he should have the right to vote as often as desired. Vice Mayor Damiano commented that when going to the polls,you don't vote for more than one presidential candidate. Acting City Manager/City Clerk Kathleen Connelly stated that nomination procedures would need to be changed also. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 10 City Attorney David Alexander stated that a decision is necessary to change Robert's Rules,so that the Council doesn't have tie votes when nominating,similar to an election. Councilman Connolly stated that nominating procedures is politics,and you should be able to vote for whomever you want to. VOTE:In Favor:Councilman Cox,Vice Mayor Damiano,Councilwoman Gardner, Mayor Bluntschly Opposed:Councilman Connolly,Councilman Burgess,Councilman Vehon The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, MAY 15,1989 EXECUTIVE SESSION,WORK SESSION, MAY 16,1989 SPECIAL MEETING,MAY 4,1989 )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 MAY 15,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON MAY 16, 1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD ON MAY 4,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. VOTE:In Favor:Councilman Connolly,Councilman Cox,Councilman Vehon, Councilwoman Gardner,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Burgess The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 11 ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 7:59 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of April 4,1989 *3.Acceptance of Minutes from the Regular Meeting of April 18,1989 *4.Claim Against the City Submitted by Mrs.Iva Roberts *5.Action on Method of Reviewing Personnel Board Decision on Appeal by Debbie K.Freeborn;Establishment of Additional Hearing Date or Date of Council Decision *6.Approval of Indemnification Agreement between H.Roy and Annette McCoy and the City of Apache Junction;Authorization to Commence Litigation *7.Award of Bids for Public Works Building (City Annex Site),Project PW-89-02 *8.Proposed Resolution No.89-12,Requesting Authorization from the Arizona Department of Transportation for Transportation Assistance Funds *9.Award of Bid for Shuffleboard Courts,Project CS -89-1;Authorization to Expend Funds from Contingency Account APPROVED AND ADOPTED THIS 6TH DAY OF JUNE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF JUNE KENNBTH BLUNTSCHLY Mayor ATTEST: KATHLEEN CONN LLYKATHLEENCONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2,1989 PAGE 12 ,1989,BY THE ,1989.