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HomeMy WebLinkAbout1989-12-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 19,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 19,1989,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilman Vehon gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: 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 Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Bob Dunn Housing and Grants Specialist Kurt Knutson Court Clerk Betty Lawson Court Administrator Mercer Weiskotten Others Present:Mrs.Betty Lawson Court Clerk,Magistrate Court Mr.Mike Sleeseman 1863 S.Buena Vista Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 1 Mr.Russell Jacobson,President Board of Directors of Roadhaven Resort 1001 S.Idaho Rd. Apache Junction,Arizona Mr.Richard Maes 4625 S.Wendler Tempe,AZ Mr.J.Garagiola,Jr. 2300 Valley Bank Center Phoenix,Az Mr.Dana Pankey,representative Flash Stop Food &Fuel Mr.Keith Hilgendorf Chamber of Commerce 1075 W.Smoketree Apache Junction,Arizona Ms Sandra Smith 3575 N.Prospector Apache Junction,Arizona Mr.Gary Selvy,Director Superstition Mountain Mental Health Center Mr.Dan Coen Coen Engineering ACCEPTANCE OF CONSENT AGENDA ) )Councilwoman Alger MOVED THAT CONSENT AGENDA ITEM NOS.1 -10 BE ACCEPTED AS PRESENTED; AND THAT ORDINANCE NO.708,RESTRICTING TRUCK TRAFFIC ON BROADWAY AVENUE,BE RENUMBERED TO ORDINANCE NO.710; AND THAT RESOLUTION NO.89-36,ACCEPTING THE AWARD OF A $2,000 STATE DEVELOPMENT FUND MATCHING GRANT,BE APPROVED AND ADOPTED; AND THAT AUTHORIZATION BE GIVEN THE LIBRARY STAFF,THROUGH THE ACTING CITY MANAGER,TO PROCEED WITH THE PURCHASE OF A READER -PRINTER NOT TO EXCEED $7,500, AND A COMPUTER (396)BETWEEN THE AMOUNTS OF $11,000 AND $13,500,BOTH THROUGH STATE CONTRACT FOR THE CAIR PROJECT USING L.S.C.A.GRANT FUNDS; AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE PINAL COUNTY FREE LIBRARY,BE ACCEPTED AS PRESENTED; REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 2 AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE PINAL COUNTY FREE LIBRARY,BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO.89-39,REQUESTING A DELAY OF ROUTE TRANSFERS IN GILA AND PINAL COUNTIES,BE APPROVED AND ADOPTED; AND THAT AUHTORIZATION BE GIVEN THE ACTING CITY MANAGER TO PROCEED WITH AMENDING THE EXISTING LEASE AGREEMENT WITH AT&T FOR THE INSTALLATION OF A MERLIN I I SYSTEM IN THE POLICE DEPARTMENT; AND THAT THE EMPLOYMENT AGREEMENT FOR THE CITY MANAGER BE APPROVED AS PRESENTED AND THAT MICHAEL R.LEE BE APPOINTED AS CITY MANAGER,EFFECTIVE ON OR ABOUT JANUARY 15,1990,CONTINGENT UPON HIS ACCEPTANCE OF THE EMPLOYMENT AGREEMENT; AND THAT ITEM NO.15 BE MOVED UP TO FOLLOWING THE CITY MANAGER'S REPORT. Councilwoman Barker seconded the motion. Councilman Eidson amended the motion THAT ITEM NO.10 BE REMOVED FROM THE CONSENT AGENDA AND PLACED TO AFTER ITEM NO.15. Vice Mayor Damiano seconded the amendment. VOTE (on the amendment):In Favor:Councilman Cox,Councilman Eidson, Vice Mayor Damiano Opposed:Councilwoman Alger,Councilman Vehon, Councilwoman Barker,Mayor Bluntschly The amendment to the motion failed. Councilman Eidson explained that the reason this amendment was made was a desire for discussion on the appointment of City Manager,as there are some concerns that Mr.Lee was not close to the top of his list and would not support Mr.Lee as City Manager,although when Mr.Lee begins as City Manager he will have Councilman Eidson's support. Vice Mayor Damiano concurred with Councilman Eidson's statement. Councilman Cox also concurred with the statement. VOTE (on the original motion):Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 3 Introduction of Distinguished Visitors and Guests Mayor Bluntschly welcomed everyone to the meeting,and wished all a very Merry Christmas. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Bluntschly presented a plaque to Betty Lawson,the first person to retire from the City of Apache Junction,for her dedication to the City. Ms Betty Lawson thanked everyone for the recognition and plaque,and stated that she has been very fortunate to have been able to serve the City of Apache Junction. CALL TO THE PUBLIC Mr.Mike Sleeseman,1863 S.Buena Vista,Apache Junction,addressed the Council stating that the Business License regulations should be reviewed as there are some "glitches",but that to limit the membership to business owners only limits the Committee from including large chain stores. CITY MANAGER'S REPORT Acting City Manager/City Clerk Kathleen Connelly reported that Director of Public Works Rich Broman has been appointed by Governor Rose Mofford to the State Wastewater Management Authority Board,which will have the responsibility of developing programs and policies for newly enacted Wastewater Treatment Revolving Fund,and commended Mr.Broman on this special recognition. Ms Connelly also reported that in order to meet State and local regulations,the City has begun moving the fuel tanks,and thanked the Council,City Attorney, and staff for the cooperation and support shown to her during this time as Acting City Manager,and also thanked the community for the many words of support,encouragement and appreciation received.Ms Connelly,in closing, wished the Council and the community the very best wishes for a Merry Christmas and a Happy and Prosperous New Year. Vice Mayor Damiano thanked Director of Public Works Rich Broman publicly. PUBLIC HEARINGS PROPOSED RESOLUTION NO.89-29,MAJOR AMENDMENT TO PLANNED DEVELOPMENT, ROADHAVEN RESORT OF APACHE JUNCTION )Assistant Planner Bob Dunn stated that this major amendment was outlined at last night's work session,but asked REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 4 i f the Council had any questions.Mr.Dunn also explained that this issue is the setbacks versus separation,although the Development Coordinating Committee did deal with a wider range of issues,which though important are not the advertised issue,and further stated that the Planning and Zoning Commission recommended denial of this application,and that the DCC and the developer agree that the separations are not working in this development and that setbacks need to be required for each individual lot,but that the amount of setback is what is disagreed on.Mr.Dunn stated that initially there was a 20 foot between units requirement,and was reduced to 161/2 feet. Councilman Vehon asked i f the applicant's request was 9'x 18'for parking? Mr.Dunn replied that the applicants requested 9'x 18'after the DCC requested 9'x 20',and staff stands by DCC's recommendation. Mr.Russell Jacobson,President of Board of Directors of Roadhaven Resort,1001 S.Idaho Road,Apache Junction, addressed the Council requesting approval of the major amendment,and further responded to items of concern pointed out by the Planning and Zoning Commission, DCC,and staff,and also stated that no additional lots are proposed and will not increase the paved area of the park. Mr.Richard Maes,4625 S.Wendler, Tempe,representing the Wolfslinkle Group,owners of approximately 500 lots at Roadhaven,commending both staff and the Planning and Zoning Commission for the work done and further,requested approval of the application. Mr.J.Garagiola,Jr.,2300 Valley Bank Center,Phoenix,Attorney representing the Roadhaven Homeowners Association,requested that the Council at least consider a device in the Statutes called the "development agreement",and that Roadhaven may be a good candidate to try this device. Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the application? There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger asked i f there is something in the Statutes that could be a solution to this problem? City Attorney David Alexander explained that the provision Mr.Garagiola was referring to,allowing the developer and the City to reach an agreement as to the remaining lots that have not yet had units placed on them,and there doesn't seem to be any other solution but that someone sit down and discuss this,but suggested that this item needs to be postponed as the setbacks provisions should be adopted as an ordinance and the agenda is for the consideration of a resolution. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 5 Mr.Alexander suggested a motion to consider this item at the next regular meeting,and also include direction to staff to enter into a study group with representatives from Roadhaven,on the development of a plan and agreement that can be approved by the remaining lot owners who have to install units on thier lots,together with a representative of the major number of lot owners,the Wolfslinkle Group,and see i f there can at least be worked out an "agreement to agree",and i f in fact we can't find a system to enter into a development agreement,than this can be brought back to the Council for action. Councilwoman Alger MOVED THAT THIS ITEM BE CONTINUED UNTIL THE JANUARY 16,1990 MEETING,WHERE WE CAN CONSIDER ORDINANCE NO.714,FOR SETBACKS ONLY,AND THAT DIRECTION BE GIVEN TO THE STAFF TO ORGANIZE A STUDY GROUP WITH ROADHAVEN AND THE WOLFWINKLE DEVELOPMENT,WITH THE PURPOSE OF AN AGREEMENT FOR UNDEVELOPED PROPERTIES THAT STILL EXIST IN ROADHAVEN. Mr.Alexander stated that the portion of the motion giving direction to staff is not on the agenda for tonight,but that staff can start on i t anyhow. Councilwoman Alger REMOVED THE LAST HALF OF THE MOTION. Mayor Bluntschly asked Councilwoman Alger to restate the motion. Councilwoman Alger MOVED THAT THIS ITEM BE CONTINUED,SO THAT WE CAN CONSIDER ORDINANCE NO.714 AT THE NEXT MEETING WHICH WILL BE JANUARY 16,1990,AND WE WILL ONLY CONSIDER SETBACKS. Councilman Vehon seconded the motion. Councilman Vehon asked i f someone could explain to the audience,in laymens terms,exactly why this item is being postponed. City Attorney David Alexander explained that a resolution was advertised for this evening,but i t appears that because setbacks are being changed,those should be changed by ordinance and an ordinance is not what is on the agenda. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 6 Mayor Bluntschly recessed the meeting at 7:51 p.m. Mayor Bluntschly reconvened the meeting at 7:59 p.m. APPLICATION FOR SMALL GAME BINGO LICENSE,APACHE TRAIL KOA applicant is present? )Mayor Bluntschly asked i f the Mr.Gil Verley explained that Ms Frient's husband recently passed away,which may be why she is not present. Mayor Bluntschly asked if anyone wished to speak in favor of or in opposition to the application?There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY MRS.ARLINE FRIENT FOR THE APACHE TRAIL KOA,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF REVENUE,BINGO LICENSING AUTHORITY. Councilman Cox seconded the motion. Vice Mayor Damiano amended the motion THAT THE CITY RECOUP THE $5.00 FEE FROM PINAL COUNTY. Councilwoman Barker seconded the motion. VOTE (on the amendment):Unanimous The amendment to the motion carried. VOTE (on the motion as amended):Unanimous The motion carried as amended. APPLICATION FOR LIQUOR LICENSE, FLASH STOP FOOD AND FUEL )Mr.Dana Pankey,representing the applicant,addressed the Council explaining that he is President of the Corporation for Flash Stop Food &Fuel,and as the previous liquor license was in the name of the partner who is no longer part of the business,it was necessary to reapply for a liquor license,under the Corporation. Councilman Vehon expressed concern that the Flash Stop Food &Fuel does not have a permanent Certificate of Occupancy,and that there are a number of items that need to be completed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 7 Mr.Pankey explained that many of these incomplete items are due to problems in the partnership,however,he has worked with the City to finish the construction and will have those completed by January 31st. Mayor Bluntschly asked i f there was anyone wishing to speak in favor of or in opposition to the application?There being no one wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Vice Mayor Damiano MOVED THAT THE APPLICATION FOR A LIQUOR LICENSE,SUBMITTED BY MS ANGELA SUE PANKEY FOR FLASH STOP FOOD &FUEL,AS A CORPORATION,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox seconded the motion. Mayor Bluntschly asked i f it would appropriate i f he made an amendment to the motion? City Attorney David Alexander replied that the Mayor is not supposed to make amendments. Councilman Cox amended the motion THAT THIS BE APPROVED WHEN EVERYTHING THAT IS SUPPOSED TO BE DONE AT THE BUSINESS,IS DONE. Mayor Bluntschly commented that this wasn't quite what he had in mind,but to create some urgency in completing the Items,that in the event that the items are not taken care of the Temporary Certificate of Occupancy be revoked. Mr.Alexander stated that this is not on the agenda,but the applicants have heard what the Council has said,but this would not be an appropriate motion as the recommendation to the State is what is being considered. Councilman Cox withdrew the amendment. Councilman Cox amended the motion THAT THE APPLICATION BE APPROVED IF EVERYTHING IS DONE BY THE JANUARY DEADLINE. Councilwoman Barker commented that since there appears to be hesitancy on the part of the Council to make this recommendation until all things are completed,and suggested postponing the recommendation until the first meeting in February. Councilman Cox withdrew the amendment. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 8 Councilman Vehon asked i f the State Liquor Department has already set a date for a hearing? Mr.Pankey replied that the Council may only vote against the liquor license with specific reasons,and the matters under discussion may not be in compliance with the law,with all due respect. Mr.Pankey added that this is the only time he has made an agreement with the City as to a deadline to complete the items mentioned,but to combine the two Issues really is not proper,but that the City can close down the store. Vice Mayor Damiano commented that the Liquor Board wants a recommendation on the liquor license,and don't particularly care whether the building is safe or not. Councilwoman Alger asked why the State requests a recommendation. Vice Mayor Damiano replied that the recommendation is asked because of proximity to churches and schools,and also background of the applicant. Councilwoman Alger asked i f the City Attorney has a legal answer? Mr.Alexander replied that he doesn't,presumably i t is for local information,such as past actions of the applicant,but is not aware of anything that has sole reasons for the Council recommendation. Mr.Alexander added that the Board may go ahead and hear this application without a recommendation from the City, i f i t is not received prior to their hearing. Acting City Manager/City Clerk Kathleen Connelly commented that the Liquor Board has listened to the City's reasons for denial in the past,regardless of the reasons,however,should the Council recommend denial,reasons do have to be given. Councilman Eidson stated that Zoning Administrator/Building Official Charles Coleman is present tonight,and certainly there are ways to put Mr.Pankey out of business should he not comply with the requirements. Councilwoman Alger reiterated that the applicant stated that he has only been in "control"of the business since October. Mr.Pankey replied that he had a "Managing Partner"prior to that,who was in control as manager of the operation and took care of all of the business,but that now he is totally in control of the business and operations. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 9 Councilwoman Alger asked i f Mr.Pankey wasn't in fact in control of the money previously? Mr.Pankey replied that he was tapped for about $200,000 in checks,was the investor but now am Hit". Councilman Vehon asked Mr.Coleman to confirm receiving the letter giving the January 31st date as a deadline. Mr.Coleman explained that a letter to a Mr.Scott was somehow excluded from the information presented,of October 4th,and also a letter was included from Mr.Pankey indicating that the corrections would be done by the end of January 1990,and that both letters were distributed tonight. Councilman Vehon asked i f the Council's concerns with the deficiencies can be forwarded to the State with the recommendation. Mayor Bluntschly replied that an item for the future agenda should address the Council's concerns. VOTE:In Favor:Councilman Eidson,Councilwoman Barker,Councilman Cox, Councilman Vehon,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilwoman Alger The motion carried. RECONSIDERATION -ORDINANCE NO.709, AMENDING CITY CODE CHAPTER 8 BUSINESS, ARTICLE 8-6 SWAP MEET OPERATIONS )Acting City Manager/City Clerk Kathleen Connelly explained that this ordinance was adopted at the last Council meeting,but an error was made in making a portion of the ordinance effective on January 1,1990,which predated the effective date of the balance of the ordinance,and that the City Attorney recommends reconsideration in order to change the effective date,with staff recommending the date be changed to February 1,1990. Councilman Eidson asked why the six day difference in effective dates will hurt anything?Councilman Eidson also commented that this will create problems with some of the people involved. Ms Connelly replied that this would be asking staff to disregard an existing ordinance for a six day period,and she would be very uncomfortable being asked to do that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 10 Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance? Mr.Mike Sleeseman,1863 S.Buena Vista,Apache Junction,Manager of Park n'Swap,asked that a letter on City letterhead be done to educate the vendors as to the effective date of the ordinance,which Park n'Swap would be happy to distribute. Ms Connelly stated that there would be no problem doing that. Mayor Bluntschly asked i f there was anyone else wishing to address the Council?There being no one else wishing to speak,Mayor Bluntschly closed the hearing to the public. Councilman Vehon MOVED THAT ORDINANCE NO.709 BE RECONSIDERED. Councilwoman Alger seconded the motion. Councilman Eidson reiterated that this is not necessary,and it will cost the City money to distribute letters. ORDINANCE NO.709 BE RECONSIDERED. motion. Councilwoman Barker stated that regardless of when the effective date is,information should be provided to the vendors so that they know exactly what is expected of them. VOTE:In Favor:Councilman Cox,Councilwoman Barker,Councilwoman Alger, Councilman Vehon,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Eidson The motion carried. Councilman Vehon MOVED THAT ORDINANCE NO.709 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.709,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 11 APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-6 SWAP MEET OPERATIONS, PERTAINING TO LICENSE REQUIREMENTS FOR SWAP MEET PROPRIETORS AND SWAP MEET VENDORS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Vehon MOVED THAT ORDINANCE NO.709,AS READ BY THE CITY CLERK,BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT LAST SENTENCE IN SECTION 8-6-3 (a)READ AS FOLLOWS:SUCH FILING OF THESE GROSS SALES REPORTS ON A MONTHLY BASIS COMMENCE ON FEBRUARY 1,1990. Councilwoman Alger seconded the motion. Councilman Eidson stated that i t has been six months since this issue was started,and is still not done,and i f i t continues to come up at future Council meetings,he will be one of those jumping up and down. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Vice Mayor Damiano,Mayor Bluntschly Opposed:Councilman Eidson The motion carried. PROPOSED ORDINANCE NO.713,AMENDING THE CITY CODE CHAPTER 8 BUSINESS,BY ADDING ARTICLE 8-8 SPECIAL EVENTS LICENSING REQUIREMENTS )Acting City Manager/City Clerk Kathleen Connelly explained that during the Committee meetings for the Park n' Swap Ordinance changes,it was found that the Special Events requirements are both too vague and too restrictive,and following Council direction with specifics for a Special Event Licensing Ordinance this ordinance was drafted for Council consideration.Ms Connelly further explained that this Ordinance addresses special events in general and those that are sponsored by non-profit entities,with limitations on who may participate and with what restrictions as well as unlawful practices for those participating. Ms Connelly stated that there is a blank in Ordinance No.713 regarding the number of days for a special event which the Council will need to fill in. Councilman Eidson asked i f staff has checked with other cities to see how they handle special events. Ms Connelly replied that staff has not. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 12 Councilman Vehon stated that Phoenix has temporary business licenses for that purpose,but they are expensive -about $75.00. Ms Connelly commented that for the Mill Avenue Festival,i t costs several hundred dollars as well as being required to pay the sales tax before the businesses can leave. Mayor Bluntschly asked i f there was anyone who wishes to speak in favor of or in opposition to the item? Ms Sandra Smith,3575 N.Prospector, Apache Junction,business owner,requested that there be a license available for special events at no charge,not referring to the 501 organizations,and that a reporting form be done so that they can be required to pay sales tax. Mr.Sleeseman also addressed the Council asking that a special events license be available for the good of the community. Mr.Keith Hilgendorf,1075 W. Smoketree,Apache Junction,addressed the Council objecting to applicants having to provide any information requested,that Council may specify the information as pertains to licensing. There being no one else wishing to address the Council,Mayor Bluntschly closed the hearing to the public. Councilwoman Alger MOVED THAT ORDINANCE NO.713 BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. Deputy City Clerk Lori Zmayefski read as follows: ORDINANCE NO.713,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,BY ADDING ARTICLE 8-8 SPECIAL EVENTS LICENSING REQUIREMENTS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Alger MOVED THAT ORDINANCE NO.713,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 13 IN SECTION 8-8-1(A)"THAT THE SPECIAL EVENTS NOT EXCEED THREE CONSECUTIVE DAYS", UNDER 8-8-2(B)OMIT THE WORD "CHARITABLE". Councilwoman Barker seconded the motion. Councilman Vehon explained that this ordinance will require each participant to pay $10.00 fee three times per year, for three consecutive days,except that there be no fee charged i f the participant is an individual selling personally made crafted or painted items on a casual basis. City Attorney David Alexander stated that the Mayor has a concern over Section 8-8-2 (B),specifically that there is not the issuance of any license,but the payment of a fee.Mr.Alexander explained that i f a license is issued,there has to be a fee by State Law,so there is no license issued in this case. Councilman Vehon commented that the sales on a casual basis is similar to holding a yard sale,only as i t relates to special events. Councilwoman Alger asked what the ability is to serve notice on an organization i f they are not in compliance with this ordinance? Mr.Alexander replied that a tax- exempt organization as defined in the ordinance,there will be a statutory agent who will be the one served and this answers a concern since a group is hard to arrest. VOTE:Unanimous The motion carried. Mayor Bluntschly recessed the meeting at 8:55 p.m. Mayor Bluntschly reconvened the meeting at 9:07 p.m. OLD BUSINESS None. NEW BUSINESS REVIEW OF PERSONNEL BOARD DECISION AND COUNCIL ACTION ON APPEAL FILED BY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 14 DONALD FINCH )Acting City Manager/City Clerk Kathleen Connelly explained that the Council has before them a recommendation by the City Personnel Board who held a hearing on the appeal of Donald Finch on December 7th,and referred any questions of the Council to the City Attorney, but that Mr.Finch is available i f i t is appropriate for the Council to speak to him. City Attorney David Alexander stated that this is merely the review of the Personnel Board recommendation,but that there is no right to a statement from the employee,and also that there is not specifically the right to a new hearing in the Personnel Regulations,however, the Council may i f the choice is to "modify"the recommendations,call for a new hearing though that is not recommended. motion. Mayor Bluntschly called for a Vice Mayor Damiano MOVED THAT THE FINDINGS OF THE PERSONNEL BOARD IN THE APPEAL OF DONALD FINCH SHALL BE AFFIRMED, AND THAT THIS SHOW ON HIS RECORD IN HIS PERSONNEL FILE. motion. I f this motion passes? Councilwoman Barker seconded the Councilman Eidson asked what happens Mr.Alexander replied that the Council will be adopting the recommendation of the Personnel Board,in which Mr.Finch will receive nothing greater than a letter of reprimand for his actions,and that he be reinstated and be paid with the exception of the two weeks delay caused by his request. Councilwoman Alger amended the motion THAT THE WHOLE TRANSCRIPT OF THE PERSONNEL BOARD HEARING BE PLACED IN HIS FILE. Vice Mayor Damiano asked i f this would not be on record in the City Archives. Ms Connelly replied that the minutes are a permanent record,but not necessarily part of a personnel file as that is not a permanent record. Mr.Alexander stated that this would not have significance as far as personnel records are concerned. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 15 Councilwoman Alger withdrew the amendment. Councilman Eidson stated that he would like to stand behind City staff in these things,and that the Operations Supervisor had no option but to take the action he did,and does not agree with the action of the Personnel Board. Mayor Bluntschly agreed,calling the Council's attention to Page 33 of the transcript,where Mr.Finch left the job and was gone for an hour and one-half,which is insubordination to a supervisor which should be grounds for termination. Councilwoman Barker stated that the grounds for termination was "incompetence"not "insubordination",and incompetence does not fit these grounds,used to terminate this employee. Councilwoman Barker added that she can see why the Board reached the decision they did,based on the grounds for termination. Mayor Bluntschly stated that the employee appeared to be insubordinate,and for that the termination was justified. Councilwoman Barker asked the City Attorney if an employee is terminated for one set of criteria... Mr.Alexander explained that what Councilwoman Barker means is that the employee is given a "statement of charges",and i f in fact the employee did something else wrong and it wasn't stated,can that be used to support the termination -and that is one of the problems with this case,because he wasn't written up for insubordination. Councilwoman Alger commented that in the transcript the Mr.Alexander gave two reasons for termination,one being the refusal to work as ordered. Mr.Alexander replied that it was worded in exactly that way on the notice to terminate,and the confusion comes with the question His i t incompetent to refuse to do work or is i t insubordinate". Councilman Cox stated that this is direct disobedience to follow orders. Mr.Alexander stated that there is no definition of incompetence in the Code,and personally does not feel this is incompetence,but the Council is the judge in this matter. Mayor Bluntschly stated that there Is no way he can support this motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 16 VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Vice Mayor Damiano Opposed:Councilman Eidson,Councilman Cox,Councilman Vehon , Mayor Bluntschly The motion failed. Councilman Cox MOVED THAT THE FINDINGS OF THE PERSONNEL BOARD IN THE APPEAL OF DONALD FINCH SHALL BE REVOKED. Councilman Eidson seconded the motion. VOTE:In Favor:Councilman Cox,Councilman Vehon,Councilman Eidson, Mayor Bluntschly Opposed:Councilwoman Barker,Councilwoman Alger,Vice Mayor Damiano The motion carried. Mayor Bluntschly asked the City Attorney,for clarification,as to what just happened. City Attorney David Alexander stated the Council has not followed the recommendation of the Personnel Board,the Council has revoked it,which means the termination stands. RATIFICATION OF APPOINTMENTS ---CITY ENGINEER AND DIRECTOR OF DEVELOPMENT SERVICES )Ms Connelly stated that it was anticipated,prematurely,that names would be available to fill both the position of City Engineer and Director of Development Services,but that interviews were conducted with recommendations reviewed for the Director of Development Services interviews,and that staff is in the process of verifying references on both positions and until that is completed and an offer extended and accepted,these names should not be brought to the Council.Ms Connelly requested authorization to extend offers to those individual,bring them on board as quickly as possible,and have them here at the next meeting for the ratification of their appointments. Councilman Vehon asked i f authorization needs to be given specifically. Ms Connelly replied that that is not necessary. Councilman Vehon MOVED THAT THE RATIFICATIONS BE POSTPONED UNTIL THE REGULAR COUNCIL MEETING OF JANUARY 16, 1990. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 17 Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. LICENSE AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,INC.FOR THE CENTER FOR THE HANDICAPPED )Associate Planner/Deputy Director Jim Nakagawa addressed the Council explaining that the building is still in need of final finishing work,but the Council requested that the final form of this license agreement be brought back for approval. Councilman Vehon commented that prior to giving a license to someone to use a building,an agreement be finalized,in the future. Mayor Bluntschly requested a change in the agreement extending i t from a one year to a three year period,as Superstition Mountain Mental Health Center has made a large commitment to this program,and would also fall in line with the Senior Center agreement. Councilwoman Alger stated that this is a new venture for the City,and are not ready to make that much of a commitment,possibly after the first year review,and also asked that the weekly amount of time be reduced to 40 hours for SMMHC,as other human service organizations could utilize the building. Vice Mayor Damiano asked who the Council is to decide how many hours they should utilize the building,as they know how many hours they need the building. Mayor Bluntschly stated that SMMHC has done a fantastic job and have made substantial commitments,based on an understanding of what the proposal presented to the City and to do less than that proposed would restrict what they could do for the community. Councilwoman Alger stated that no one is disputing what they do for the community,but i f the Council limits the facility to one entity utilizing it,there is no gauge on who might be able to use the facility. Mayor Bluntschly commented that the other human service providers had the same opportunity to apply for the use. Councilwoman Alger commented that possibly those other providers only want occasional use of the facility. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 18 Mr.Gary Selvy,Director of SMMHC, stated that when the proposal was submitted it was indicated that i f the needs of the Center were not consistent with what the City wanted the building used for,the application would simply be withdrawn.Mr.Selvy stated that they were urged not to do that,and when the Council awarded the Center the use of the building,and at that time notice was given to the current landlord and many other arrangements had to be made including remodeling which was a $6,000 commitment,and requested that the Council to take into consideration what that means to SMMHC. Mr.Selvy further stated that the Center made their previous offices available to a number of groups including AA, and that the Board was hesitant to make this large of a commitment for a one year period of time,but authorized him to develop an agreement with the City with conditions,one being that i t be for a minimum of three years,due to this representing a significant investment,and the other being that SMMHC would need to have some say as to what groups would have the use of the building and have scheduling privileges,as there is a major responsibility with clinical records in the building.Mr.Selvy added that the third concern was that the Center be allowed parking on the east side of the building. Councilwoman Alger asked i f Mr.Selvy would have room to put in other groups for some evenings during the week. Mr.Selvy stated that there is a need to remain flexible as the Center is growing rapidly,but that their posture has always been to assist the community wherever possible,i f i t doesn't conflict with other parts of the program. Councilwoman Alger asked i f Mr.Selvy could predict how often that would be? Mr.Selvy replied that the program is running about 60 hours a week right now,as the people served frequently can't come in during the day,but often Monday and Wednesday evenings are not used,as well as Fridays with weekends only used sporadically. Councilwoman Alger stated that i f they are willing to let other groups meet in the facility,the contract could read "exclusive use"and let Mr.Selvy handle the other groups using the facility. Councilwoman Alger is referring to? Vice Mayor Damiano asked what groups Councilwoman Alger replied that one would be Pinal County Prevention Partnership that she is working with,which Gary also contributes to,but would like to encourage the rest of the community to use the facility. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 19 Councilwoman Alger added that she would have no problem with the agreement if Mr.Selvy agrees to make the facility available to other groups when possible. Mr.Selvy stated that the Center would be willing to do this. Mr.Nakagawa stated that it would be difficult to enforce the exclusive use of possibly 60 plus hours in an agreement,as the agreement allows use of the facility as they see fit,and after those hours they may allow the use of the facility by others and still be within CDBG guidelines. Housing and Grants Specialist Kurt Knutson stated that they are using a standardized contract that the Department of Commerce would like utilized,and the verbage may need to be modified but i t is possible to do that,as the Senior Center has the same basic set-up. Mr.Alexander stated that i f the contract is approved as agreed,the organization would have to come to the Council for additional use,but i f total use is approved the problem that Mr.Nakagawa sites,limited controls,may occur,so i t is up to the Council as to what control features desired. Assistant to the City Manager George Hoffman commented that there is a clause for termination without cause on both sides included in the agreement. Mr.Selvy commented that in operation there aren't usually problems,but the wording of the agreement is probably the most difficult. for the electricity? is that a fee is charged. installation has been requested. Vice Mayor Damiano asked who pays Mr.Selvy replied that the provision Ms Connelly clarified that meter Mr.Nakagawa stated that the call is out for an engineer to install meters,as the percentage fee route involves a lot of accounting work. Councilman Vehon stated that he was at the Board meeting for SMMHC,and there was quite a lot of deliberation because of the large commitment and the term of the agreement,so the decision was not reached lightly. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 20 Vice Mayor Damiano MOVED THAT THE LICENSE AGREEMENT WITH THE SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER FOR THE USE OF THE CENTER FOR THE HANDICAPPED BE APPROVED AND THE AGREEMENT NOT BE EXECUTED AND THAT THE BUILDING NOT BE OCCUPIED UNTIL ALL CONSTRUCTION AND FIRE PROTECTION REQUIREMENTS HAVE BEEN SATISFIED. Councilman Cox seconded the motion. Councilman Cox withdrew the second to the motion. Vice Mayor Damiano added to the motion:THAT THE TERM OF LICENSE AND RENEWAL WOULD BE FOR A THREE YEAR PERIOD AND THE 57 HOURS PER WEEK STAY AS IT IS IN THE AGREEMENT. Councilman Cox seconded the motion. VOTE:In Favor:Councilman Cox,Vice Mayor Damiano Opposed:Councilman Eidson,Councilwoman Barker,Councilwoman Alger, Councilman Vehon,Mayor Bluntschly The motion failed. Councilman Eidson MOVED THAT AUTHORIZATION BE GIVEN THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT WITH THE SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER FOR THE USE OF THE CENTER FOR THE HANDICAPPED OF AN UNLIMITED BASIS,EXCLUSIVE LICENSE AGREEMENT WITH A THREE YEAR TERM. motion. VOTE Unanimous The motion carried. Vice Mayor Damiano seconded the SUPERSTITION BOULEVARD IMPROVEMENT DISTRICT ) )Director of Public Works Rich Broman stated that continuing from last nights work session,direction is necessary as to which alternative the Council wishes the consultant to proceed with. Councilwoman Barker asked i f alternative three's reference to "city share",is actual cost. Mr.Dan Coen,representing Coen Engineering,stated that the actual cost to the City will be $233,015.00 approximately. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 21 Councilman Vehon asked i f the cost savings would go against the individual properties,or back into the streets money. Mr.Broman replied that it would go back into streets projects,or maybe offset the recapture agreements,the savings would not be applied back into the assessments,but that was in alternative four. Mr.Coen stated that under alternative three,the city would have approximately $136,000 to spend on other improvement projects,under alternative four there would be approximately $74,000 left to go towards other road projects. Councilwoman Alger MOVED THAT AUTHORIZATION BE GIVEN THE ACTING CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO DIRECT THE CITY'S CONSULTANT TO TAKE APPROPRIATE ACTION THAT WILL PROVIDE FOR THE CITY TO PERFORM THE PAVING AND RELATED WORK RELATIVE TO THE SUPERSTITION BOULEVARD STREET IMPROVEMENT DISTRICT,BASED ON ALTERNATE NO.3. Councilwoman Barker seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTIONS: 1.DIRECTION TO PLANNING AND ZONING COMMISSION TO CONDUCT HEARINGS AND MAKE RECOMMENDATIONS ON CONDITIONAL USE PERMITS AND OTHER AGENCY REQUESTS PROCEDURES. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE PLANNING AND ZONING COMMISSION TO CONDUCT PUBLIC HEARINGS AND MAKE RECOMMENDATIONS ON AMENDMENTS TO THE CURRENT PROCEDURES FOR CONDITIONAL USE PERMITS AND REQUESTS FOR COMMENTS FROM OTHER AGENCIES. Councilwoman Barker seconded the motion. VOTE:In Favor:Councilwoman Barker,Councilwoman Alger,Councilman Cox, Councilman Vehon,Councilman Eidson,Vice Mayor Damiano Opposed:Mayor Bluntschly The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 22 2.DIRECTION TO PROCEED WITH LEGISLATION TO FORM AN AGENDA REVIEW COMMITTEE Councilwoman Alger requested that a tentative agenda be prepared on Friday preceeding the Tuesday deadline for packet information,so that topical information can be available to the Council for review in order to create some policy. Mayor Bluntschly asked how this pertains to an Agenda Review Committee,and that such an action is not on the agenda. Councilwoman Alger suggested that the Agenda Review Committee would be policy made by Council and recommended to the City Manager. Mayor Bluntschly commented that this is still different from what is on the agenda. Acting City Manager/City Clerk Kathleen Connelly informed the Council that if a "Committee"is formed,of any kind,the meeting would have to be posted. Mr.Alexander agreed that if a committee is appointed by the Council,even i f i t is two staff members,they would have to comply with Open Meeting Law. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN STAFF TO BRING TO BRING BACK ALTERNATIVES TO AN AGENDA REVIEW COMMITTEE,SIMILAR TO THOSE DISCUSSED AT LAST NIGHT'S WORK SESSION. Councilwoman Barker seconded the motion. Councilman Vehon asked that the City Attorney be involved with getting copies of the tentative agendas,so that problems don't occur as did tonight with Roadhaven. VOTE:In Favor:Councilwoman Alger,Councilman Vehon,Councilman Eidson, Councilwoman Barker Opposed:Councilman Cox,Vice Mayor Damiano,Mayor Bluntschly The motion carried. 3.DIRECTION ON ADOPTION OF ARIZONA ADMINISTRATIVE CODE R17-4-435 AND ARIZONA REVISED STATUTES 28-1009;1009.01;28-1010;28-1011;28-1031. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO CHANGE CITY ORDINANCE 12-4-8 TO UPDATE IT TO COINCIDE WITH THE FINE LEVIES IN A.R.S.28-1031. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 23 Councilman Vehon seconded the motion. VOTE:Unanimous The motion carried. 4.DIRECTION ON REQUEST FROM SUBSTANCE ABUSE TASK FORCE AND ADVISORY COUNCIL -"BIKES FOR SERVICE." Councilwoman Alger MOVED THAT DIRECTION BE GIVEN THE ACTING CITY MANAGER TO PROCEED WITH DRAFTING AN ORDINANCE AS FOLLOWS: BICYCLES MAY BE DONATED TO A NON-PROFIT OR CHARITABLE ORGANIZATION'S,BICYCLES MUST BE HELD 91 DAYS PRIOR TO DISPOSAL,AND THE ORGANIZATION MUST HAVE IRS DESIGNATION. Councilwoman Barker seconded the motion.. Councilman Eidson asked i f the word "may"would allow staff to do otherwise? City Attorney David Alexander stated that there are statutes on the books that would permit the Police Department coordinating with City Court,but this is why an ordinance is required to allow Council action to accomplish this. Ms Connelly stated that the ordinance could be written without "permissive"language. Mayor Bluntschly stated that the more permissive language would be more appropriate. Councilwoman Alger further explained that there may be organizations that would not want to administer the program with the bicycles,and Director of Public Safety Bill McDaniel could decide. Director of Public Safety Bill McDaniel commented that some time ago,they did that. VOTE:Unanimous The motion carried. 5.DIRECTION ON UNLICENSED CONTRACTORS. Councilman Eidson MOVED THAT THE ACTING CITY MANAGER BE GIVEN DIRECTION TO PROCEED WITH DRAFTING AN ORDINANCE TO REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 24 ENHANCE ENFORCEMENT PROCEDURES IN THE AREA OF CONTRACTORS WITH THE FOLLOWING SPECIFICS:THAT THE ORDINANCE CONTAIN THE DECAL PROCESS WITH EXPIRATION DATE TO COINCIDE WITH THE EXPIRATION OF THE BUSINESS LICENSE. Vice Mayor Damiano seconded the motion. Mayor Bluntschly asked i f Councilwoman Barker's suggestion that the decal expire when their current business license expires,would be sufficient. Ms Connelly replied that this would be much more feasible. VOTE:Unanimous The motion carried. 6.DIRECTION TO STAFF REGARDING FURTHER ACTION ON THE PROPOSED JANUARY 30TH BOND ELECTION. Mayor Bluntschly explained that the information isn't coming in as fast as necessary to accomplish an election on January 30th,as there is a committment to educate the community so that they may make an intelligent decision,so the intent to hold an election should be vacated at this time. Councilwoman Alger stated that the issue has raised more questions than the Council is able to answer,and agreed with Mayor Bluntschly that the election should be vacated for now. Mayor Bluntschly further stated that this action of vacating the date doesn't mean that the project won't go forward, because the sewer issue will be addressed when the answers are available. Councilman Vehon also agreed, stating that for the future health and growth of the community for the long term,we can't not have a sewage system available for Apache Junction,but that lines of communication need to be opened up prior to presenting the issue to the voters. Councilwoman Barker MOVED THAT DIRECTION BE GIVEN TO STAFF TO VACATE PREVIOUS ACTION WITH THE JANUARY 30TH BOND ELECTION. Councilwoman Alger seconded the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 25 VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, JANUARY 15,1990 EXECUTIVE SESSION,WORK SESSION, JANUARY 16,1990 SELECTION OF DATE,TIME,PLACE FOR WORK SESSION ON PRIVATIZATION OF WASTEWATER FACILITIES AND OPTIONS FOR WASTEWATER FACILITIES )Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JANUARY 15,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON JANUARY 16,1990,IN THE CITY COUNCIL CHAMBERS; AND THAT A WORK SESSION BE HELD AT 7:00 P.M.,ON JANUARY 4,1990,IN THE CITY COUNCIL CHAMBERS,IN REGARDS TO PRIVATIZATION OF WASTEWATER FACILITIES AND OPTIONS FOR WASTEWATER FACILITIES. Vice Mayor Damiano seconded the motion. Ms Connelly asked i f the State holiday on January 15th,Martin Luther Kings Day,will prohibit the Council conducting a meeting? City Attorney David Alexander replied that the only office affected by this will be the Magistrate Court. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT )There being no further business to discuss,Mayor Bluntschly adjourned the meeting at 10:29 p.m. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 26 Consent Agenda Items are as follows: 1.Acceptance of Regular Meeting Agenda 2.Acceptance of Minutes from the Special Meeting of November 14,1989 3.Acceptance of Minutes from the Regular Meeting of December 5,1989 4.Ordinance No.708,Correcting Clerical Error,Renumber to Ordinance No.710 and have Records Reflect the Correction 5.Proposed Resolution No.89-36,Accepting State Development Fund $2,000 Matching Grant 6.Authorization to Proceed with Purchase of Computer and Printer for CAIR Project using L.S.C.A.Grant Funds,through State Contract 7.Approval of Intergovernmental Agreement with Pinal County Free Library 8.Proposed Resolution No.89-39,Requesting Delay of Route Transfers in Gila and Pinal Counties 9.Authorization to Proceed with Amending Lease Agreement with AT&T 10.Appointment of City Manager and Approval of Proposed Employment Agreement APPROVED AND ADOPTED THIS 16TH DAY OF MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 27 JANUARY JANUARY ,1990,BY THE TH BLUNTSCHLY ,1990. 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 19th day of December,1989.I further certify that the meeting was duly called and held and that a quorum was present. Dated this Z /day of \,A22a4t/7>/1990. 7." KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,1989 PAGE 28