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?
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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