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HomeMy WebLinkAbout1989-10-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 3,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 3,1989,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 Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilman Cox Councilman Eidson Councilwoman Alger Councilman Vehon Vice Mayor Damiano Mayor Bluntschly Councilmen Absent:Councilwoman Barker Staff Present: Others Present: Acting City Manager/City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Public Safety Bill McDaniel Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Bob Dunn Zoning Administrator Charles Coleman Father Charles Maloney 300 E.3rd Avenue Apache Junction,Arizona Mr.John McElroy Apache Junction Elks Lodge REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 1 Mr.Paul Connolly 1935 S.Cactus Apache Junction,Arizona Ms Nancy Koerner 1026 N.Goldfield Apache Junction,Arizona Mrs.Midge Conway 902 S.Ocotillo Apache Junction,Arizona Mr.Gary Selvy Superstition Mountain Mental Health Center Apache Junction,Arizona Lieutenant Henry Aalders 605 E.Broadway Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilman Eidson MOVED THAT CONSENT AGENDA ITEM NOS.1 -4 BE ACCEPTED AS PRESENTED; AND THAT THE RECOMMENDATIONS FROM THE SWAP MEET LICENSE COMMITTEE BE CONTINUED UNTIL THE REGULAR CITY COUNCIL MEETING OF OCTOBER 17,1989. Councilman Cox seconded the motion. VOTE:Unanimous (Vice Mayor Damiano abstained on Item No.2,as he was not present at the September 5,1989 meeting) The motion carried. Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed all those present. AWARDS,PRESENTATIONS AND COMMUNICATIONS Director of Public Safety Bill McDaniel presented a plaque to Mr.John McElroy,for support with many fund raisers for charitable contributions sponsored by the Police Department. Mayor Bluntschly thanked Director of Community Services Jeff Bell and his staff for the efforts and improvements to the Veterans Memorial Park. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 2 CALL TO THE PUBLIC Father Charles Maloney,300 E.3rd Avenue,Apache Junction,addressed the Council asking that the Code be changed to delete the requirement for a hood over commercial dishwashers,and added that Apache Junction is the only city that enforces this particular portion of the Code. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly stated that Vice Mayor Damiano relayed to the CAAG Regional Council,the City's request to award Apache Junction 10 bonus points for the 1990 CDBG grant application process i f our application for the current year was voluntarily withdrawn,and the Regional Council voted to award those 10 bonus points.Ms Connelly reported that the interior remodeling of the Administration Building has been completed,and staff sees a great improvement in efficiency and serving the public,and further,that Parks staff has done a great job in getting the Veterans Memorial Park ready for the upcoming "Concerts in the Park"season. Vice Mayor Damiano also commented that Director of Community Services Jeff Bell and staff are to be commended for the job done on the Park. PUBLIC HEARINGS PROPOSED ORDINANCE NO.694, PZ-10-89,CONNOLLY )Mayor Bluntschly stated that is a request by Paul and Cheryl Connolly to rezone a 39,004 square foot parcel, located at the northwest corner of Scenic Street and Cactus Road from R1-43(MH) Single Family Residence Zone to CR-2(MH)Single Family Residence Zone/Manufactured Housing permitted. Assistant Planner Bob Dunn highlighted staff recommendations,stating that this request does not comply with the General Plan designation for this area,and further that staff recommends denial. Associate Planner/Deputy Director Jim Nakagawa stated that when developing the General Plan a Land Use Survey and inventory of the existing zoning was taken,and i t was not anticipated that someone would zone for less than the current zoning,but in this case because of the lack of sewer facilities to service high -density development,apparently that is why this case request is before the Council. Councilman Vehon asked i f theinitialcoreofasewersystem,should one be established,would reach out as far as the property in question? REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 3 Mr.Nakagawa replied that he didn't think i t would. Councilman Vehon stated that to comply with the current State Laws,developments would have to have sewers,and asked i f that isn't correct? Mr.Nakagawa replied that either sewer service provided by the City,or a package sewage treatment plant provided by the developer would be necessary. Mr.Dunn stated that the Planning and Zoning Commission recommends approval of the application with no stipulations,believing that this is the highest and best use of the land from an economical standpoint,and considering surrounding land uses. Mr.Paul Connolly,1935 S.Cactus, Apache Junction,addressed the Council stating that not having a sewer system places him in the position of having to wait ten years to develop the property as i t is currently zoned,besides taking into consideration that the surrounding land use is mostly mobile homes.Mr.Connolly further commented that the General Plan is supposed to be "general"tempered with a certain amount of common sense and that there are a lot of "gray"areas. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application. Ms Nancy Koerner,1026 N.Goldfield Rd.,Apache junction,spoke in opposition to the rezoning,stating that the General Plan is supposed to establish some kind of order,but the Council keeps moving the "lines"without amending the General Plan which is taking away the protection of the property owners and conventional home owners that are already there. Mrs.Midge Conway,902 S.Ocotillo, Apache Junction,stated that this is the second time in one month the Council has considered breaking the General Plan,and further that Arizona Revised Statutes 9-462-01 states that zoning ordinances or regulations shall be consistent with the General Plan,and that although i t cost the City over $42,000 the Council chooses to ignore it. Mayor Bluntschly asked i f there was any rebuttal on the part of the applicant. Mr.Connolly stated that the Council should consider every application on a case by case basis,using their good judgement,and suggested that Mrs.Conway is quoting Statutes in bit and pieces to agree with her opinion. Mayor Bluntschly asked i f there is any rebuttal from the opposition? REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 4 Mrs.Conway stated that just bits and pieces of the Statutes were not quoted,but that advice was given by the Attorney General,who stated that the General Plan "should"be obeyed,not "could". Mayor Bluntschly asked i f there was anyone else who wished to speak?There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT ORDINANCE NO.694,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.694,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICAITON IN REZONING CASE PZ-10-89,FROM R1-43(MH)SINGLE FAMILY RESIDENCE ZONE TO CR-2(MH) SINGLE FAMILY RESIDENCE ZONE/MANUFACTURED HOMES PERMITTED;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Eidson MOVED THAT ORDINANCE NO.694,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox seconded the motion.. Councilman Eidson stated that the surrounding areas are mobile homes,and the Planning and Zoning Commission has recommended approval,and this zoning change would be consistent with the surrounding area. Vice Mayor Damiano stated that this rezoning is not consistent with the General Plan,and the Plan should first be amended prior to considering this rezoning. VOTE:In Favor:Councilman Cox,Councilman Vehon,Councilman Eidson, Councilwoman Alger Opposed:Vice Mayor Damiano,Mayor Bluntschly REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 5 The motion carried. PROPOSED ORDINANCE NO.694, REORGANIZATION )Acting City Manager/City Clerk Kathleen Connelly explained that this ordinance was written at Council request, and establishes the City Engineer position to function as a department head, Public Works would continue to have under its jurisdiction the Streets/Operations Division and the Building Permits/Inspections.Ms Connelly further explained that i t would also combine the Planning Department,Economic Development,Housing and Grants,and Zoning,under the Community Development Department. Ms Connelly commented that this ordinance is not,in final form for adoption,as there are some problems with the Building function continuing under Public Works,and splitting apart from Zoning,and suggested that Council clarify any further amendments necessary as well as allow her to complete the ordinance,while at the same time to accept the conception of the City Engineer as a department head and the Community Development Direction,so that those positions may be advertised and filled. Vice Mayor Damiano asked i f a secretary wouldn't have to be hired for the new City Engineer? Ms Connelly stated that there is existing staff for that position. Vice Mayor Damiano asked i f this would be the Director of Public Works secretary? Ms Connelly answered that no,there is staff in Engineering. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition of the ordinance?There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT THE ACTING CITY MANAGER BE GIVEN DIRECTION TO GO FORWARD WITH THE ORDINANCE AS IT IS TONIGHT,BUT MAKE THE CHANGES AS MENTIONED BY THE CITY MANAGER,AND GIVE THE ACTING CITY MANAGER AUTHORIZATION TO BEGIN RECRUITMENT FOR THE TWO POSITIONS THAT ARE NOW VACANT. Councilman Cox seconded the motion. Mayor Bluntschly asked i f this is clear enough for the completion of the ordinance? REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 6 Ms Connelly replied that a motion is required to change the previous direction which placed Building under Public Works,so that i t may be pulled out. Councilwoman Alger ADDED TO THE MOTION THAT BUILDING DIVISION BE PLACED UNDER COMMUNITY DEVELOPMENT. Mayor Bluntschly asked Councilwoman Alger to restate the motion. Councilwoman Alger MOVED THAT ORDINANCE NO.693 BE POSTPONED UNTIL OCTOBER 17,1989,AND DIRECT THE CITY MANAGER TO MAKE THE CHANGE REGARDING THE BUILDING DEPARTMENT,MOVING IT INTO THE COMMUNITY DEVELOPMENT AREA,AND FURTHER GIVE THE ACTING CITY MANAGER AUTHORIZATION TO BEGIN RECRUITMENT IMMEDIATELY FOR THE TWO POSITIONS THAT ARE VACANT. Councilman Cox seconded the motion. Councilman Eidson asked what will be left under Public Works? Ms Connelly replied that Streets, Sewers,Administration,and possibly other projects,but that i t would be hard to determine where all of the future projects will go at this time -i t will be a situation by situation determination. Vice Mayor Damiano asked what the salary would be for the City Engineer and what would the difference be between that and the Director of Public Works? Ms Connelly answered that she didn't know offhand,but would check. Vice Mayor Damiano added that there appears to be quite a difference,according to budget designations. VOTE:In Favor:Councilwoman Alger,Councilman Cox,Councilman Vehon, Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Eidson The motion carried. OLD BUSINESS HUMAN SERVICES CONTRACTS:SALVATION ARMY AND SUPERSTITION MOUNTAIN REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 7 MENTAL HEALTH )Mayor Bluntschly explained that there are some concerns with the contracts with the Salvation Army and Superstition Mountain Mental Health,as far as specifying what the funds are to be used for,and that being too specific may limit programs especially with Superstition Mountain Mental Health. Mr.Gary Selvy,Superstition Mountain Mental Health Center,Inc.,addressed the Council stating that three services are referred to in the proposal:emergency,phsychiatric,and information and referral services.Mr.Selvy further outlined each of those services and their purpose,and stated that $12,411 in three months last year for information and referral,with a grant from the City in the amount of $10,000,so for a full year the cost to the Center would exceed $24,000.Mr. Selvy added that when distributing the funds,with Assistant to the City Manager George Hoffman's assistance,the higher priority was placed on direct services. Councilwoman Alger asked how many emergency service organizations exist in the community?- Mr.Selvy replied that there is only one to his knowledge. Councilwoman Alger asked i f there are other psychiatric services in the community? Mr.Selvy replied that there are other "private"services in the community,but none that handle public emergency services. Councilman Vehon asked i f i t is true that there are other fundings available for emergency services,should the City place funding in a different area,such as information and referral services -are there replacement revenues? Mr.Selvy answered that no,when negotiating with the State for funding,there is always somewhat less given than what is asked for,and that allocation has been given already along with funds given by the City,but it's very limited. Councilwoman Alger asked for a clarification of what emergency services consists of. Mr.Selvy explained that emergency service is someone in the community who is in need of in -patient psychiatric services,such as an individual the police becomes involved with that is acutely psycotic and needs to be "managed",and stated that this happens with great regularity -four to five times every month -with 40 to 50 occuring last year. Councilwoman Alger asked what psychiatric services are? REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 8 Mr.Selvy replied that this is very specifically services referred to the psychiatrist who sees chronic,mentally ill persons,such as homeless individuals,allowing them to stay out of the hospital and to remain productive in the community. Director of Public Safety Bill McDaniel stated that the Police Department works with Mr.Selvy every day,and Superstition Mountain Mental Health earns a lot more than the City could ever afford to pay them,to provide the services provided to the Police Department alone. Lieutenant Henry Aalders,605 E. Broadway,Apache Junction,Salvation Army,addressed the Council commenting on the further cut in funding due to the City adding another agency into the consideration for funds,and stated that there is a concern with two different agencies giving the same assistance as there is no interaction between agencies, and may result in duplication of services to an individual. Councilwoman Alger MOVED THAT FINAL DECISION ON THIS ITEM BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF OCTOBER 17,1989. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:15 p.m. Mayor Bluntschly reconvened the meeting at 8:24 p.m. CONSULTANT DESIGN SERVICES (REVISED) DONOHUE & ASSOCIATES )Director of Public Works Rich Broman stated that by increasing the amount of work to be done by the City,Donohue & Associates has been able to reduce the fees almost 50%. Mayor Bluntschly announced that there are pictures available of the new gas tank at the Public Works Yard,and also of the chip seal project started by the Operations Division. Councilman Eidson MOVED THAT THE ACTING CITY MANAGER TO AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DONOHUE & ASSOCIATES FOR DESIGN SERVICES FOR A STREET IMPROVEMENT PROJECT ON IRONWOOD REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 9 DRIVE,SOUTHERN AVENUE TO U.S.60 IN THE AMOUNT OF $23,300;AND THE STORM DRAIN PROJECT FROM WELLS FARGO AVENUE,SOUTH TO PALOMINO AVENUE,IN THE AMOUNT OF $1,600. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. NEW BUSINESS COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.PROPOSED AMENDMENT TO SECTION 2003(a)OF THE UNIFORM MECHANICAL CODE Vice Mayor Damiano made a statement asking that the Mechanical Code be amended to suit this area,but not that i t be repealed,specifically in regards to hoods required for dish washers.Vice Mayor Damiano added that the requirement should be left in for commercial uses. Mayor Bluntschly responded to the statement,pointing out that regardless of the City making an amendment,Pinal County is still going to require a hood for the dishwasher at St.George's Catholic Church. Vice Mayor Damiano commented that the person in the Health Department does not know what he's talking about,as this would not be detrimental to the health and safety of the people. Vice Mayor Damiano further stated that out of five restaurants he called,not one has a hood over their dishwasher,and asked i f this requirement is in Pinal County's books? Vice Mayor Damiano asked Ms Connelly i f she could tell Pinal County to show this requirement. Ms Connelly replied that a request could be made to Pinal County for a copy. Councilman Cox asked i f the Church could be given an extension to allow looking into this further? City Attorney David Alexander stated that the Council may not have the authority to grant that type of dispensation, and this item may be continued to allow for obtaining more information. Councilman Eidson asked i f making this amendment is an expensive process? REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 10 Ms Connelly replied that i t would mean making an amendment by Ordinance,which requires a public hearing process as well as legal advertising costs. Mayor Bluntschly reiterated that i f Pinal County,who does health inspections for the City,is still going to require this whether the City makes the amendment or not. Councilman Eidson suggested checking the County requirements before making a decision. Mayor Bluntschly stated that Zoning Administrator Charles Coleman indicated last night at the work session,that Pinal County does require this hood. Vice Mayor Damiano MOVED THAT THIS ITEM BE POSTPONED UNTIL NOVEMBER 7,1989,UNTIL WE CAN GET SOMETHING BACK FROM THE HEALTH DEPARTMENT. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. 2.POLICY ON COUNCIL LIAISONS:DEFINITION OF POSITION,RESPONSIBILITIES, MANNER OF APPOINTMENT,ETC. Acting City Manager/City Clerk Kathleen Connelly stated that a list of varying liaison positions that have previously existed and some new ones,has been submitted to the Council,and that in checking there has never been any actual authority or functions for such liaisons.Ms Connelly suggested that i f the Council wishes,direction is necessary to put this on the books with specifics such as,definition of position,responsibilities,manner of appointments,function,etc. Councilman Vehon stated that i t was discussed at the work session,going ahead with appointments as liaisons and the other information to follow. Mayor Bluntschly stated that he was not aware that the Council wished liaisons appointed tonight,and is not prepared to do so this evening as this was not anticipated. Councilman Vehon MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO ESTABLISH A POLICY ON COUNCIL LIAISONS AND THAT THE POLICY BE BROUGHT BACK TO THE OCTOBER 17,1989,MEETING ALONG WITH APPOINTMENTS BEING MADE THAT NIGHT. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 11 Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. 3.POLICY ON USE OF CITY VEHICLES:TRANSPORT OF NON -STAFF OR NON -COUNCIL MEMBERS;USE OF VEHICLES ON A NON -EMERGENCY BASIS Ms Connelly stated that this item is a result of comments from Councilmembers,staff,and citizens regarding whether or not there is a policy dealing with the use of city vehicles,particularly transporting people who are not Councilmembers,staff members,or on City business,as well as who is allowed to take city vehicles home.Ms Connelly added that upon checking with the insurance carrier,risk management pool,they suggest that there is some kind of policy,and requested direction to bring back a policy in November. Councilman Eidson asked i f this is looking at civilians no longer riding with the Police Department? Ms Connelly replied that the insurance company is going to get back to us on the "ride -a -long"program with the Police Department,and that Councilmembers and Reserve Officers riding along is probably safe but people who are not part of the official organization in city vehicles places the City at serious risk. Councilman Eidson commented that he could see a department head going to City Hall for something,and his wife wanting to ride along,and there shouldn't be anything wrong with that. Ms Connelly stated that there is no justification for that,especially in the public perception,and the wife wouldn't be covered by insurance. Councilman Eidson asked i f a staff member is going somewhere on city business,by invitation with his wife,does that mean that staff member would have to drive a personal car? Ms Connelly replied that i t could mean that,as a spouse is not an employee of the City,and would place the City at serious risk as far as insurance coverage. Director of Public Safety Bill McDaniel asked that he be allowed to review this policy prior to being placed on an agenda,as there may be comments he would like to make prior to the Council taking action. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 12 Vice Mayor Damiano stated that i f a Councilmember or staff member had to take their own vehicle on city business, they would have to be reimbursed for the cost incurred. Ms Connelly stated that the point that needs to be taken is that the City is at much greater risk,than paying for transportation costs,and that the Council also needs to consider the public perception of an employee transporting relatives or wives to stores and banks. Vice Mayor Damiano replied that that is a no -no. Ms Connelly further stated that this is the purpose of requesting a policy. Vice Mayor Damiano suggested that nobody is to take a City vehicle home,with the exception of the police department,and those employees on emergency call,and that this should be part of the policy. Vice Mayor Damiano added that he is trying to save dollars,and that Councilmembers do not have City vehicles. Vice Mayor Damiano MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO DRAFT A POLICY ON THE USE OF CITY VEHICLES,SPECIFICALLY REGARDING NON -EMERGENCY PERSONNEL TAKING VEHICLES HOME AND TRANSPORTING NON CITY INDIVIDUALS ON NON CITY BUSINESS,TO BE BROUGHT BACK AT THE NOVEMBER 7,1989,CITY COUNCIL MEETING. Councilman Cox seconded the motion. Councilman Eidson asked that Ms Connelly also check into Police Officers taking people home from accidents, whether there would be insurance coverage. Ms Connelly replied that this would definitely be checked through the insurance carrier. Mayor Bluntschly commented that Police Officers frequently have to give assistance by giving citizens a ride home. Director of Public Safety Bill McDaniel stated that i f a young girl is spotted on the roadway at night,and is in danger of being harmed,a Police Officer will give her a ride home even i f this Policy is being violated. Vice Mayor Damiano agreed with Chief McDaniel. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 13 Mayor Bluntschly stated that prior to taking action on this policy,let's make sure this wouldn't be creating more problems than we currently have. VOTE:Unanimous The motion carried. 4.PROPOSED AMENDMENT TO MODEL TAX CODE ON REDUCED RATE OF SALES TAX CHARGED ON RETAIL ITEMS EXCEEDING A CERTAIN AMOUNT Ms Connelly explained that previously discussed was the current sales tax structure,and that other cities use a variable tax rate which means different tax rate applying to different sales amounts.Ms Connelly suggested a $5,000 base limit,which means up to $5,000 would still have a 2%tax rate,and also that the Department of Revenue does not have a problem with implementing this,although they would need some time to do so. Councilman Eidson asked i f this is the only manner in which this can be done legally? Ms Connelly stated that this is the only way the variable rate approach can be done,the flexibility is in the base limit and percentages. Councilman Eidson asked i f the Council couldn't just change the rate to 1%tax at a certain dollar amount? Ms Connelly replied that there are pitfalls to doing i t that way,and i t would result in those not buying big dollars items paying as much tax as those buying an item at greater value. Councilman Eidson stated that the purpose is to entice some of the sales back into the City. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO THE ACTING CITY MANAGER TO DRAFT PROPOSED AMENDMENTS TO THE MODEL TAX CODE ON REDUCED RATE OF SALES TAX CHARGED ON RETAIL ITEMS EXCEEDING A CERTAIN AMOUNT WITH THE FOLLOWING SPECIFICS: AMEND THE CURRENT SALES TAX RATE TO ALLOW FOR A VARIABLE RATE OF 1%,USING A BASE LIMIT OF $5,000,AND THE TAX RATE UP TO THE BASE LIMIT BE MAINTAINED AT 2%, BUT THAT THE TAX RATE OF THE DIFFERENCE BETWEEN THE BASE LIMIT AND THE FINAL SALES AMOUNT BE SET AT 1%.THAT THE LOWER VARIABLE RATE NOT BE APPLICABLE TO THE FULL PURCHASE AMOUNT AND NOT BE CALCULATED ON THE FULL PURCHASE AMOUNT,THAT THE VARIABLE RATE APPLY ONLY SINGLE ITEM RETAIL SALES,AND THAT AN ORDINANCE MAKING THESE CHANGES BE RETURNED TO THE COUNCIL AT THE FIRST MEETING IN NOVEMBER REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 14 TO ALLOW FOR COORDINATION WITH THE LEAGUE OF CITIES AND THE DEPARTMENT OF REVENUE. Councilman Cox seconded the motion. Vice Mayor Damiano asked i f i t would be advisable to lower the base rate to $4,000. Mayor Bluntschly stated that i f the motion which is on the floor doesn't pass,another motion may be considered. VOTE:In Favor:Councilman Cox,Councilwoman Alger,Councilman Vehon, Mayor Bluntschly Opposed:Councilman Eidson,Vice Mayor Damiano The motion carried. 5.PROPOSED CREATION OF A CITY HEALTH DEPARTMENT AND CITY HEALTH AND HUMAN SERVICES COMMISSION Councilwoman Alger stated that the City is at a point where creating our own Health Department should be looked at, and expressed a wish to direct staff to begin the process,as well as creating a Health and Human Service Commission. Mayor Bluntschly agreed,but added that a Health Department cannot be implemented prior to the next fiscal year. Ms Connelly asked i f Council would like to authorize research at staff level,to find out what a Health Department would cost and what types of certifications would be required,etc. Mayor Bluntschly stated that this could be the start of the process as suggested by Councilwoman Alger. Ms Connelly state that an ordinance was drafted some time ago to establish a Health and Human Services Commission, and can be brought back. Councilman Eidson stated that there are questions like:Does a physician have to be hired?,and maybe i t will cost too much. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO DRAFT AN ORDINANCE CREATING A CITY HEALTH AND HUMAN SERVICES COMMISSION,TO INCLUDE SEVEN MEMBERS WITH STAGGERED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 15 TERMS,AND THAT STAFF BE GIVEN DIRECTION TO BEGIN RESEARCH ON THE COST, PROCEDURES TO CREATE A HEALTH DEPARTMENT,AND WHAT SOME OF THE DUTIES WOULD BE OF THAT HEALTH DEPARTMENT. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, OCTOBER 16,1989 EXECUTIVE SESSION,WORK SESSION, OCTOBER 17,1989 SELECTION OF DATE FOR JOINT EXECUTIVE SESSION AND WORK SESSION WITH PLANNING AND ZONING COMMISSION )Ms Connelly suggested a Wednesday or Thursday for the Joint Work Session with the Planning and Zoning Commission. Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON OCTOBER 16,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD AT 6:00 P.M.,ON OCTOBER 17,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A JOINT EXECUTIVE SESSION AND WORK SESSION BE HELD WITH THE PLANNING AND ZONING COMMISSION ON OCTOBER 30,1989,AT 6:30 P.M.,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Vice Mayor Damiano reported that Sunrise RV Resort gave a palm tree to the City,and after contact Director of Community Services Jeff Bell and Operations Supervisor Doug Dobson,had i t planted on Palm Springs Boulevard,and that they may have more to donate. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 16 Director of Public Safety Bill McDaniel informed the Council that the Police Department and the Fire Department are having a benefit Softball Game,should anyone wish to donate $1.00,with the charitable organization the Shelter for the Abused.Chief McDaniel also reported that America's Most Wanted will be out to Apache Junction tomorrow to interview for a story on someone who has allegedly committed about 14 counts of sexual abuse of their children. ADJOURNMENT )There being no further business to conduct,Mayor Bluntschly adjourned the meeting at 9:15 p.m. Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Regular Meeting of September 5,1989 3.Acceptance of Minutes from the Regular Meeting of September 19,1989 4.Continuation of recommendation from Swap Meet License Committee to meeting of October 17,1989 APPROVED AND ACCEPTED THIS 17TH DAY OF OCTOBER ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,1989 PAGE 17 ,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 3 d1.day of Octobers_ ',1989.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of October 1989. KATHLEEN CONNELLY City Clerk