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HomeMy WebLinkAbout1989-08-01 City Council Regular MinutesCITY COUNCIL SPECIAL MEETING AUGUST 1,1989 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on August 1,1989,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 7:03 p.m. ROLL CALL Councilmen Present: Staff Present: PUBLIC HEARINGS Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger 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 Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph PROPOSED ORDINANCE NO.686,AMENDING REVISING AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION (With the Emergency Clause) )Acting City Manager/City Clerk Kathleen Connelly explained that in accordance with State Law,Apache Junction must adopt a Final Budget for fiscal year 1989-90,no later than August 15, 1989,and with a cooperative effort between Council and staff,the Final Budget is presented now for adoption.Ms Connelly thanked City staff for their time and efforts in paring down departmental budgets,and Controller Keith Lewis and the Finance staff for the frequent and quick summaries and updates making i t possible for staff and Council to continue reviewing the budget,and most importantly,the voters of Apache Junction for approving Home Rule,making this budget possible. SPECIAL MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 1 Mayor Bluntschly asked i f there was anyone who wished to speak in favor or in opposition to Ordinance No.686 or Resolution No.89-25.There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.686 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,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.686,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING, REVISING,AND ADOPTING THE CLASSIFICATION PLAN FOR THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Vice Mayor Damiano MOVED THAT ORDINANCE NO.686,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion. Vice Mayor Damiano stated that after being on the City Council for many years,he has never seen a budget take so long,and thanked the department heads for cutting down as their budgets were too high at first.Vice Mayor Damiano also thanked Acting City Manager/City Clerk Kathleen Connelly for the wonderful job on the budget. Mayor Bluntschly agreed with Vice Mayor Damiano,and added that this was a learning experience for the Council, and the community will benefit,and further thanked Controller Keith Lewis for his efficiency and work. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.89-25,ADOPTING FINAL BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1989-90 )Councilwoman Barker MOVED THAT SPECIAL MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 2 RESOLUTION NO.89-25,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACH EJUNCTION FOR THE FISCALYEAR BEGINNING JULY 1,1989,AND ENDING JUNE 30, 1990;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET OF THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1989-90,BE APPROVED ADOPTED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. ADJOURNMENT )Vice Mayor Damiano MOVED THAT THE SPECIAL MEETING BE ADJOURNED AT 7:10 P.M. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. ACCEPTED THIS 19TH DAY OF SEPTEMBER ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER KENNETH BLUNTSCHLY Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 3 _,1989. 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 1st day of August ,1989.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of October 1989. KATHLEEN CONNELLY City Clerk CITY COUNCIL REGULAR MEETING AUGUST 1,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 1,1989,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 7:11 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: Others Present: Councilwoman Barker Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Bob Dunn Mr.Richard Taylor 616 S.Saguaro Apache Junction,Arizona Mrs.Eleanore Garber 2760 S.Royal Palm Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 1 Ms Ellen Durkin 5435 E.12th Avenue Apache Junction,Arizona Ms Ilene Taylor 1617 S.Cortez Apache Junction,Arizona Mr.Bob Rush,Property Supervisor Bonita Vista Mobile Park and Company 451 N.Meridian Apache Junction,Arizona Mr.Jim Hurst,Manager Baywood Mobile Home Park ACCEPTANCE OF CONSENT AGENDA )Mayor Bluntschly informed the Council that there is a request from the public to speak on Item No.5,and should the Council wish,this item could be removed from the Consent Agenda. Councilman Vehon MOVED THAT CONSENT AGENDA ITEM NOS.1 -7 BE ACCEPTED AS PRESENTED,EXCEPT FOR ITEM NO.5, INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY,BE PULLED FROM THE CONSENT AGENDA; AND THAT PAUL MARSHALL AND RANDY PALMER BE APPOINTED TO THE LIBRARY BOARD OF TRUSTEES,SAID TERMS TO EXPIRE JUNE 30,1992; AND THAT RESOLUTION NO.89-24,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN THE AMOUNT OF $12,800.00 BE APPROVED AND ADOPTED; AND THAT THE CITY PROCEED WITH DOING STREET PROJECTS FOR FISCAL YEAR 1989-90 ON AN IN-HOUSE BASIS AND THAT OPTION NO.2,EXCLUDING WINDSONG FROM DELAWARE TO IRONWOOD,LOWERING SUPERSTITION BRIDGE AT WEEKES WASH FROM 73-1 TO 38-1,AND INCREASING TOMAHAWK/U.S.60 INTERSECTION IMPROVEMENT TO $298,500.00 BE SELECTED AS THE PROJECTS FOR THE CURRENT FISCAL YEAR. AND THAT THE CITY ATTORNEY BE AUTHORIZED TO TAKE SUCH ACTION AS HE DEEMS APPROPRIATE TO INCLUDE THE COMMENCEMENT OF CIVIL ACTION AGAINST THE PROPERTY OWNERS OF THOSE PARCELS LOCATED AT 2155 W.VIRGINIA,APACHE JUNCTION,ARIZONA, AND 1519 E.17TH AVENUE,APACHE JUNCTION,ARIZONA; AND THAT THE APPOINTMENT OF GRACE VILLAREAL,MADE BY THE CITY COUNCIL OF APACHE JUNCTION,ON APRIL 25,1988,BE RATIFIED AND THAT THE TERMS AND CONDITIONS OF HER APPOINTMENT REMAIN THE SAME; AND THAT AUTHORITY BE GIVEN TO THE CITY ATTORNEY AND THE OTHER APPROPRIATE CITY OFFICERS TO ENTER INTO A SETTLEMENT AGREEMENT WITH GOLF,INC.,AND COE &VAN LOO REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 2 FOR THE SETTLEMENT OF ALL CLAIMS ARISING OUT OF A PROJECT KNOWN AS CITY HALL COMPLEX PARK PROVIDING THAT COE &VAN LOO AND GOLF,INC.,EACH PAY TO THE CITY OF APACHE JUNCTION THE SUM OF THREE THOUSAND DOLLARS ($3,000.00); AND THAT THE LOWEST BID OF $111,765 BE ACCEPTED AND THAT THE CONTRACT FOR THE CONSTRUCTION OF THE CENTER FOR THE HANDICAPPED BE AWARDED TO ANDERSON-VEITH CO., INC.;THAT THE ACTING CITY MANAGER BE AUTHORIZED TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY,AS OWNER;THAT THE ALTERNATE BID CONTRACT FOR PAVING BE AWARDED TO PERRI DEVELOPMENT IN THE AMOUNT OF $9,776.00;THAT THE ALTERNATIVE BID CONTRACT FOR LANDSCAPING BE AWARDED TO PERRY DEVELOPMENT IN THE AMOUNT OF $7,275.00;AND THAT THE ACTING CITY MANAGER BE AUTHORIZED TO NEGOTIATE AND EXECUTE CONTRACTS FOR THE WORK LISTED UNDER ALTERNATE OR SEPARATE BIDS THAT DO NOT EXCEED $5,000.00; AND THAT THE BID FOR LIBRARY SHELVING AND STUDY CARRELS BE AWARDED TO GUTHRIE & ASSOCIATES IN THE AMOUNT OF $7,984.33. I FURTHER MOVE THAT PROPOSED RESOLUTION NO.89-22,RELATING TO TAXATION,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION, SUBJECT TO TAXATION,AND WITHIN THE MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT SL8706-1,A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICTS,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED; AND THAT PROPOSED RESOLUTION NO.89-23,RELATING TO TAXATION,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF APACHE JUNCTION,SUBJECT TO TAXATION,AND WITHIN THE MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT SL8709-1,A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS OF VALUATION SUFFICIENT TO RAISE THE AMOUNT REQUIRED FOR THE ANNUAL EXPENSE OF THE SAID MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICTS,AND DECLARING AN EMERGENCY,BE APPROVED AND ADOPTED. AND THAT ITEM NO.5 BE HEARD PRIOR TO ITEM NO.8 UNDER PUBLIC HEARINGS. Councilwoman Barker seconded the motion. Vice Mayor Damiano asked for an explanation of the taxation referred to in the street light improvements districts. Director of Public Works Rich Broman explained that there are annual maintenance and energy costs and are distributed throughout all of the lots within the district,and these resolutions give Pinal County the authority to assess those properties for those amounts. Councilman Vehon asked which subdivisions this is for? REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 3 Mr.Broman replied that these are both for Enchanted Acres. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the Council meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Richard Taylor,616 S.Saguaro,Apache Junction,addressed the Council pointing out that City government has the power to encourage or discourage business,and to continue the current licensing requirements for swap meet vendors will discourage business and revenue for the City,and further stated that all requirements should apply to everyone. Mrs.Eleanore Garber,2760 S.Royal Palm,Apache Junction,owner of Twin Palms RV Park,presented a study she had done on zoning and land uses. Ms Ellen Durkin,5435 E.12th Avenue,Apache Junction;spoke in opposition to the swap meet vendor regulations,asking that they be the same as requirements for all businesses,and also asked for an apology for stereotyping swap meet vendors as transients and low -life. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly announced that Governor Mofford has sent a letter to the community,Mayor and Council,expressing appreciation for involving the community in drug prevention efforts and for joining the Alliance. ACCEPTANCE OF 1989-90 INTERGOVERNMENT AGREEMENT WITH PINAL COUNTY FOR HEALTH SERVICES )City Attorney David Alexander explained that each year Pinal County forwards a draft agreement to the City as we do not have a health department,and that this agreement proposed is substantially the same as last year including a provision for the inspection of REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 4 mobile home parks -i t just wasn't done,however,they were inspected two years ago because of two instances of health problems that developed within mobile home parks in the City of Apache Junction even though at that time there was no authority for the County to immmediately act.Mr.Alexander further stated that consequently,Pinal County has asked that this provision be included in the agreement,with a fee of $25.00 in addition to a 25t per space fee for this service. Ms Ilene Taylor,1617 S.Cortez, Apache Junction,addressed the Council asking what is going to be done with the report following the inspections. Mayor Bluntschly stated that any violations that are not corrected would most likely go through court. Mr.Alexander replied that i t was agreed with Pinal County,that any violations in mobile home parks will be prosecuted in the Magistrate Court with County assistance as witnesses,but there will not necessarily be a "report". Ms Taylor informed the Council that there are a few discrepancies between County and City requirements for Trailer Coach Parks,and read those. Mr.Alexander reiterated that he does not know where Pinal County obtained the mailing list for these letters informing of inspection,possibly from tax rolls,but should there be others that are not included,the City may request additional inspections. Ms Taylor also objected to the assessment of a fee,as this is not a requested service and will not benefit the park owners,and stated that taxes already paid should cover this. Mr.Bob Rush,Property Supervisor for Bonita Vista Mobile Park and Company,451 N.Meridian,Apache Junction, spoke in objection to the inspection and assessed fee,stating that a County Inspector comes in once a month to inspect the pool and restrooms. Councilwoman Alger asked Mr.Rush i f he pays a fee for those inspections? Mr.Rush replied that there is not a fee,as they have a pool permit. Councilwoman Alger asked i f they are inspecting just the pool and clubhouse area,but not around the units themselves? Mr.Rush confirmed this. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 5 Mr.Jim Hurst,Manager of Baywood Mobile Park,also addressed the Council in objection to the inspection,asking why he should pay for something not requested by the Park? Mr.Alexander stated that should the Council approve the Intergovernmental Agreement as proposed,two groups will be inspected:mobile home and trailer parks,and public accomodation services, which will be motel and hotels.Mr.Alexander added that the fee to be charged for this inspection,is charged to any County resident for this type of service. Mayor Bluntschly called for a motion. Councilman Eidson MOVED THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR THE PROVISION OF HEALTH SERVICES TO THE CITY OF APACHE JUNCTION,BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT THE INSPECTION OF PARKS,HOTELS AND MOTELS,BE MADE AT THE CITY'S REQUEST OF INDIVIDUAL PARKS,HOTELS AND MOTELS,AND THAT THIS REQUEST BE MADE OF AREAS THAT HAVE KNOWN HEALTH PROBLEMS. Mr.Alexander commented that the County may not be willing to do inspections in this manner. Vice Mayor Damiano seconded the motion. Councilwoman Barker asked i f there is an inspection done on public accomodations,such as hotels and motels,or is this the only inspection that will be done on those types of facilities? it. time frame for accepting this agreement? year there was a four or five month delay. Mr.Alexander replied that this is Councilman Vehon asked i f there is a Mr.Alexander answered that last Councilman Vehon stated that i t would be better to postpone this item,to allow time to speak to the County, rather than voting out of ignorance. Mayor Bluntschly suggested withdrawing the motion and second and a motion being made for postponement. Vice Mayor Damiano commented that i t may be a problem being without an agreement. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 6 Mayor Bluntschly stated that the agreement expired a month ago. Councilman Eidson stated that the problem is going to be the people who have two or three trailers behind their homes,and those should be inspected along with the one or two parks with past problems. Mayor Bluntschly further suggested that this could be reconsidered at the first meeting in September. Councilwoman Alger requested that an amendment to the agreement be made,requiring all new trailer parks and motels be inspected without a request,prior to beginning business. Councilwoman Alger made an amendment to the motion: THAT ALL NEW PUBLIC ACCOMODATIONS AND TRAILER PARKS BE INSPECTED INITIALLY PRIOR TO OPENING FOR BUSINESS. Mayor Bluntschly stated that these are inspected during the construction process,and a Certificate of Occupancy is required prior to opening for business. Councilwoman Barker stated that i t appears that this environmental health service is a preventative medicine,and that by the time a problem is found,something has occured to bring attention to the problem,which is frightening. Councilman Cox agreed that more information is needed before any action can be taken. Councilman Vehon stated that i t doesn't make sense to make a park pay for an inspection that the City has requested for that particular park. Councilman Eidson and Vice Mayor Damiano withdrew the motion and second. Councilwoman Alger asked i f the intent is to inspect regularly or is this a one-time inspection. Mr.Alexander replied that i t would be an annual inspection. Councilwoman Barker MOVED THAT THIS AGREEMENT BE POSTPONED UNTIL THE SEPTEMBER 5,1989,CITY COUNCIL MEETING,WITH HOPEFULLY MORE INFORMATION FROM PINAL COUNTY. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 7 Councilman Cox seconded the motion. Mr.Alexander asked i f the desire of the Council is to delete this portion from the Agreement? Councilwoman Barker stated that the desire is to understand what these public health inspections are,and what kind of effect stopping those inspections would have on the community. Mr.Alexander replied that someone will be requested to come up from Pinal County to address those questions. Councilman Vehon additionally requested that someone come from Pinal County to answer the Council's questions. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:29 p.m. Mayor Bluntschly reconvened the meeting at 8:45 p.m. PUBLIC HEARINGS PROPOSED ORDINANCE NO.682,AMENDING THE CITY CODE,ADDING SECTION 13-2-7 STREET FINANCING POLICY FOR IMPROVEMENT DISTRICTS PROPOSED ORDINANCE NO.683,RECAPTURE AGREEMENT FOR STREET IMPROVEMENT DISTRICTS (With the Emergency Clause) )Mayor Bluntschly explained that because of information received on the construction schedule,i f these were to be acted upon tonight,the construction project of Superstition Boulevard from Ironwood to Idaho would be in progress during peak winter visitor season,so i t is recommended to postpone these ordinances until December 5th. Councilman Vehon asked that i f there is anyone here to speak on these items,that they be allowed to address the Council,since these were to be public hearings. Mayor Bluntschly asked i f there was anyone present to speak on these items. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 8 No one wished to address the Council on Ordinance No.682 or Ordinance No.683. Vice Mayor Damiano commented that five or six people have asked him why the new developments on Superstition Boulevard have not put in the required offsites,and informed the public that those developers are waiting for the improvement of Superstition prior to complying with that requirement. Councilwoman Alger MOVED THAT ORDINANCE NO.682 AND 683 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF DECEMBER 5,1989. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS AUTHORIZATION TO DEVELOPMENT INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRANSFER OF RIGHTS -OF -WAY AT ROYAL PALM ROAD BETWEEN THE SUPERSTITION FREEWAY AND BASELINED ROAD )Director of Public Works Rich Broman explained that development of the Superstition Freeway,the Arizona Department of Transportation is developing a channel from the freeway to the Baseline Road area and recently acquired right-of-way for roadway purposes.Mr.Broman requested that the Intergovernmental Agreement with ADOT be approved as revised should the Council wish to pursue the transfer of right-of-way to provide access to various parcels in the vicinity of Palm Springs Road. Councilman Vehon asked i f the City would be requesting rights -of -way in addition to this 40'right-of-way when those parcels are developed? Mr.Broman stated that this is an unusual situation because of the channel,but the 40 feet could handle two lanes of paving,although something additional may have to be requested in the future. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 9 Vice Mayor Damiano asked i f there is going to be a chain link fence? Mr.Broman confirmed that there will be fencing along the east and west side of the channel area,but that the State only intends to spray the 40 feet with aggregate base and grade i t rather than paving. Vice Mayor Damiano asked i f there will be a possible erosion of earth where the gunnite meets the earth. Mr.Broman replied that there may be some amount of scouring. Vice Mayor Damiano asked i f i t will be the City's responsibility to take care of that? Mr.Broman replied that yes,i t probably would be up to the City. Vice Mayor Damiano MOVED THAT AUTHORIZATION BE GIVEN THE DIRECTOR OF PUBLIC WORKS,THROUGH THE ACTING CITY MANAGER TO DEVELOP A REVISED INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE TRANSFER OF RIGHTS -OF -WAY IN THE VICINITY OF ROYAL PALM ROAD BETWEEN THE SUPERSTITION FREEWAY AND BASELINE ROAD. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.DIRECTION ON AMENDMENTS TO SWAP MEET BUSINESS LICENSE REQUIREMENTS Acting City Manager/City Clerk Kathleen Connelly reminded the Council that at the last meeting direction was given to staff to formulate a review committee to look at certain aspects of the Swap Meet Business License Ordinance,and that Councilman Eidson requested that this be placed on the agenda again,and further stated that a number of people have been contacted who indicated an interest in serving on the committee including Mike and Ramona Sleeseman,Councilman Eidson,Councilwoman Alger,Mrs. Ellen Durkin,and Sandy Smith.Ms Connelly asked i f the Council intends to maintain that last direction given or give new direction,but that prior to taking up the time of these people,specific direction be given. Councilman Eidson stated that this was requested for the agenda to make three points,and regardless of who is on REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 10 the committee,these three things will still be wrong,and that the committee's recommendation concerning these things will not change his mind.Councilman Eidson also stated that the point made at the last meeting regarding "arts and crafts",has been dropped,and further modification on a point. Councilman Eidson MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO DRAFT THE FOLLOWING AMENDMENTS TO THE SWAP MEET BUSINESS LICENSE REQUIREMENTS: 1.THAT THE WEEKLY GROSS SALES REPORT BE DISCONTINUED,BUT THAT ALL VENDORS REQUIRING A CITY BUSINESS LICENSE BE INFORMED BY PARK N'SWAP,THAT THEY MUST KEEP IN THEIR POSSESSION,THEIR SALES RECORDS FOR SALES FOR THE PURPOSE OF POSSIBLE STATE OR CITY AUDIT. 2.THAT THE CITY BUSINESS LICENSE FEE BE THE SAME FOR ALL BUSINESSES SELLING THE SAME MERCHANDISE IN THE CITY OF APACHE JUNCTION 3.ONE LICENSE FOR A PERMANENT BUSINESS ALSO SELLING MERCHANDISE AT PARK N' SWAP. Vice Mayor Damiano seconded the motion. Mayor Bluntschly commented that Councilman Eidson has stated that he intends to keep bringing this back until the Council takes action to his satisfaction,but questioned why this is being looked at again this evening when direction was given at the last meeting to form a committee to evaluate and study the ordinance. Councilman Eidson stated that these things constitute a double -standard for the community,and reiterated that any recommendation made by the committee is not going to change his opinion. Mayor Bluntschly stated that this is not in dispute,but should this action be taken tonight to change the ordinance, i t may be necessary to change the ordinance again after the committee submits a recommendation. Councilman Eidson stated that waiting would not be a problem,i f there is assurance that i t will be handled in a fast manner,as usually i t takes months for a committee recommendation to be implemented.Councilman Eidson further stated that i f the City Manager cannot give that assurance,i t will be brought back at the next meeting. Ms Connelly stated that at this point i t is a matter of finding a date for a meeting,which involves several private citizens schedules. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 11 Councilman Eidson commented that a couple of people who were members of the last committee,which came up with the current regulations,have said that there was no choice in the recommendation -they had to take the choices offered by staff. Vice Mayor Damiano asked i f Councilman Eidson could chair this committee? Councilman Eidson stated that he could. Vice Mayor Damiano suggested that as Councilman Eidson is going to be on the committee,and will be the "watch -dog", i f i t doesn't come out the way he wants although i t most likely will. Mayor Bluntschly commented that the Vice Mayor Damiano shouldn't be so sure as there are six other members on the Council. Vice Mayor Damiano stated that he was referring to the committee recommendation. Mayor Bluntschly further commented that he could not support eliminating the weekly reports,but the remaining points may have some compromise. Councilman Eidson stated that i f Mayor Bluntschly has the Council support,than there is no point in voting on this motion tonight,but that there are four years in which to bring this up at every meeting,unless he is recalled or dies. Damiano withdrew the motion and second. committee is reviewing specifically. Councilman Eidson and Vice Mayor Councilman Vehon asked what the Ms Connelly explained that the committee was directed to look at the differences between swap meet vendors and other businesses,and that there are a variety of differences on both sides, such as sign permits,setback requirements,etc. Councilman Eidson commented that this type of thing is what the committee complained of last time,Kathy saying this is what we have to do,but i f he is on the committee,the committee will do the work and staff is going to listen,but i f that is not possible we might as well forget it. Mayor Bluntschly stated that Councilman Eidson has made an allegation of "double standards",and the City REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 12 Manager is trying to point out the difference in requirements between the two types of businesses. Ms Connelly stated that i f the purpose of the committee is to look at the differences,and the intent is to make everything equal,than i t is not the staff telling the committee what to do,merely telling the committee what is on the books at this time. Ms Connelly further stated that there is enough time for the committee to bring a recommendation back to the Council for the September 5th meeting. Councilman Cox MOVED THAT THIS ITEM BE POSTPONED UNTIL THE SEPTEMBER 5,1989,CITY COUNCIL MEETING. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION,SEPTEMBER 5,1989 Mayor Bluntschly reminded the Council that Monday,September 4th is a holiday,so there will not be a work session on that day,but there will be an abbreviated work session prior to the regular meeting on regular agenda items only. Vice Mayor Damiano MOVED THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 5:30 P.M.,ON SEPTEMBER 5,1989, IN THE CITY COUNCIL CHAMBERS. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT )Councilman Eidson MOVED THAT THE MEETING BE ADJOURNED AT 9:18 P.M. REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 13 Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Consent Agenda Items are as Follows: 1.Acceptance of Regular Meeting Agenda 2.Appointments to the Library Board of Trustees 3.Proposed Resolution No.89-24,Committing Local Funds as Leverage for the 1989 Community Development Block Grant Application 4.Selection of Street Projects and Authorization to do Streets Projects on an In -House Basis 5.Acceptance of 1989-90 Intergovernmental Agreement with Pinal County for Health Services Authorization to Commence Civil Action Ratification of Appointment of Assistant Magistrate Authorization to Compromise and Settle Claim 6a.Award of Bid for Construction of Center for the Handicapped 6b.Award of Bid for Library Shelving and Study Carrels 7.Proposed Resolution No.89-22,Enchanted Acres Unit I SLID 8706-1, Requesting Pinal County to Assess Property Owners for Street Light Improvement District. 8.Proposed Resolution No.89-23,Enchanted Acres Unit I I SLID 8709-1, Requesting Pinal County to Assess Property Owners for Street Light Improvement District. APPROVED THIS 19TH DAY OF SEPTEMBER ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER ,1989. KENRETH-BLUNTSCHLY Mayor REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 14 ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 1,1989 PAGE 15 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of August ,1989.I further certify that the meeting was duly called and held and that a quorum was presented. Dated this 2nd day of October ,1989. KATHLEEN CONNELLY City Clerk