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HomeMy WebLinkAbout1989-01-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 3,1989 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 3,1989,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Bluntschly called the meeting to order at 7:00 p.m. INVOCATION Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present:Councilwoman Perkins Councilman Damiano Councilwoman Gardner Councilman Connolly Councilman Burgess Vice Mayor Bluntschly Councilman Absent:Mayor Hill (ill) Staff Present: Others Present: City Manager Bill Da Vee City Clerk Kathleen Connelly City Attorney David Alexander Assistant to the City Manager George Hoffman Deputy City Clerk Lori Zmayefski Lieutenant Reed Cox Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Mr.Jerry Michaels 715 E.Linda Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 1 Ms Winnie Stonecipher 9556 E.Balsam Avenue Mesa,AZ Mr.,Walter Dennis 1701 S.Idaho Apache Junction,Arizona Ms Midge Conway 902 S.Ocotillo Apache Junction,Arizona ACCEPTANCE OF CONSENT AGENDA )Councilman Damiano MOVED THAT CONSENT AGENDA ITEM NOS.1 -3 BE ACCEPTED AS PRESENTED; AND THAT THE RESIGNATION OF MR.BILL DA VEE AS CITY MANAGER,EFFECTIVE JANUARY 14,1989,BE ACCEPTED WITH REGRET. I FURTHER MOVE THAT CITY CLERK KATHLEEN CONNELLY BE DESIGNATED ACTING CITY MANAGER UNTIL SUCH TIME THAT THE POSITION IS PERMANENTLY FILLED AND THE NEW CITY MANAGER BEGINS WORK;AND THAT THE RATE OF COMPENSATION FOR THE ACTING CITY MANAGER BE SET AT $648.96 PER PAY DAY EFFECTIVE JANUARY 15,1989; I FURTHER MOVE THAT THE RATE OF COMPENSATION FOR THE ACTING PLANNING DIRECTOR BE SET AT $530.88 PER PAY DAY,RETROACTIVE TO DECEMBER 2,1988. Councilwoman Gardner seconded the motion. Councilwoman Perkins asked why the Associate Planner/Deputy Director Jim Nakagawa was not appointed Acting Planning Director. VOTE:In Favor:Councilman Damiano,Councilman Connolly,Councilwoman Gardner, Vice Mayor Bluntschly Opposed:Councilman Burgess,Councilwoman Perkins The motion carried. Introduction of Distinguished Visitors and Guests Vice Mayor Bluntschly welcomed everyone to the meeting and acknowledged former councilmember Jimmy Eidson. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 2 AWARDS,PRESENTATIONS AND COMMUNICATIONS Vice Mayor Bluntschly presented City Manager Bill Da Vee with a plaque and stated that i t was a great loss to the City of Apache Junction that Mr.Da Vee resigned. CALL TO THE PUBLIC Mr.Jerry Michaels,715 E.Linda,Apache Junction,addressed the Council requesting that a stop sign be put at 16th Avenue and Hondo Drive,going east and west,as there will be construction for the new church. CITY MANAGER'S REPORT City Manager Bill Da Vee stated that he deeply appreciates the plaque,and reported that management staff has met on ongoing projects and administrative details preparing for his departure,and also stated that he is confident with the management staff's capabilities,and also expressed sincere appreciation for the Council's dedication. PUBLIC HEARINGS REQUIRED PUBLIC HEARING ON PROPOSED HOME RULE OPTION )City Clerk Kathleen Connelly explained that as part of the process of placing the alternative expenditure limitation before the voters,two public hearings are required,and a decision to place the proposed home rule option on the ballot,will take place immediately following the second public hearing on Wednesday,January 4,1989, at 6:30 p.m. City Manager Bill Da Vee showed overhead projections of charts outlining the impact of the home rule option, with a background on the purpose and process of the alternative expenditure limitation,and also which City services could be eliminated or decreased should the option fail at the election,which a committee of staff has studies and proposed options. Vice Mayor Bluntschly pointed out that should home rule not pass,which would be a disaster,i t would be two years before the City could propose the home rule to the voters again. Mr.Da Vee stated that the total for four years that would not be allowed to be spent would be approximately $11,000,000.00. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 3 Councilwoman Gardner stated that the failure of the Option will not lower taxes,the funds will just accumulate and cannot be spent for services that are needed. Mr.Da Vee stated that this issue could perhaps be addressed,but the question really is -should the State limit expenditure of City revenue. Vice Mayor Bluntschly asked i f there was anyone who wished to address the Council on the Home Rule Option.There being no one wishing to speak,Vice Mayor Bluntschly closed the hearing to the public. Vice Mayor Bluntschly reminded the public that there will be another public hearing on the proposed Option tomorrow,January 4,1989 at 6:30 p.m. REQUEST FOR CONTINUATION, CUP -3-88,FULLER (Application for Conditional Use Permit)) )Councilman Damiano MOVED THAT CUP -3-88 BE CONTINUED UNTIL THE REGULAR MEETING OF JANUARY 17,1989. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. APPLICATION FOR SMALL GAME BINGO LICENSE, FRATERNAL ORDER OF EAGLES #3850 )Ms Winnie Stonecipher,9556 E. Balsam Avenue,Mesa,representing the applicants,requested approval of the application. Vice 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,Vice Mayor Bluntschly closed the hearing to the public. Councilman Damiano MOVED THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY THE FRATERNAL ORDER OF EAGLES #3850,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. Councilman Connolly seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 4 VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.665,AMENDING PERSONNEL POLICIES BY AMENDING AND DEFINING GRIEVANCE PROCEDURES AND LONG-TERM DISABILITY )City Manager Bill Da Vee explained that there are two proposed amendments to the Personnel Policies,defining a formal process for filing a grievance,and defining long-term disability. City Clerk Kathleen Connelly suggested discussing this portion of the amendments at this time while the expertise of Mr.Da Vee is available,but recommended postponing adoption since the prepared ordinance did not reflect recent personnel policy amendments. Vice Mayor Bluntschly asked i f Mr.Da Vee has anything to add. Mr.Da Vee recommended that the amendments be made,and that the disability portion also pertains to being specific on how long a position is required to be kept available,should the individual have no prognosis to return to work,and that this needs to be clarified due to extension liability payments.Mr.Da Vee also stated that there is no conflict with these two items and the other sick leave policies,but they should be included as part of the amendments,and for that reason could possibly be postponed. Councilwoman Gardner MOVED THAT ORDINANCE NO.665 BE POSTPONED TO THE REGULAR MEETING OF JANUARY 17,1989. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Bluntschly recess the meeting at 8:05 p.m. Vice Mayor Bluntschly reconvened the meeting at 8:13 p.m. PROPOSED ORDINANCE NO.662, PZ-23-88,DENNIS )Vice Mayor Bluntschly called on the Director of Planning. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 5 Acting Planning Director George Hoffman referred the Council to Assistant Planner Bob Dunn. Assistant Planner Bob Dunn gave a brief history of the site,stating that six property owners requested rezoning to TH,but that Mr.Dennis,as one of those applicants in 1983,withdrew from the request prior to its approval,and that at this time Mr.Dennis is requesting rezoning of his property to CR-2(MH).Mr.Dunn also stated that the Development Coordinating Committee approved a workable street plan for the immediate neighborhood,and that staff and Planning and Zoning Commission recommend approval with two stipulations,one being that the existing fence be relocated out of the right-of-way,and further that staff suggests giving the applicant 30 days to relocate the fence. Councilwoman Perkins commented that the applicant withdrew his application prior to approval of the rezoning,with 80 foot widths. Mr.Dunn stated that this was the initial request in 1983,and that a couple of months ago the request was for 70 foot widths as that was the current ordinance,but in the meantime the ordinance has been changed and could go with the new or old. Mr.Walter Dennis,1701 S.Idaho, Apache Junction,addressed the Council on his application. Vice Mayor Bluntschly asked the applicant is he understands the stipulations in the rezoning. Mr.Dennis replied that all of the stipulations are understood,the removal of the fence and dedication of roadways. Vice 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,Vice Mayor Bluntschly closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.662 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 6 City Clerk Kathleen Connelly read as follows: ORDINANCE NO.662,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 CLASSIFICATION IN REZONING CASE PZ-23-88 FROM GR GENERAL RURAL TO CR-2(MH)SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner MOVED THAT ORDINANCE NO.662,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.663,AMENDING CHAPTER 6 ANIMALS,SECTION 6-3-3 VACCINATION REQUIRED,ALLOWING ANIMAL CONTROL PERSONNEL TO ADMINISTER RABIES SHOTS )Lieutenant Reed Cox explained that in the past,rabies shots have been administered by a private veterinarian with the fee paid by the pet owner,and that the Animal Control personnel have been trained to give the rabies shots,but to do this the ordinance needs to be changed. Vice Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the ordinance. There being no one wishing to address the Council,Vice Mayor Bluntschly closed the hearing to the public. Councilman Connolly MOVED THAT ORDINANCE NO.663,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 7 ORDINANCE NO.663,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CITY CODE,CHAPTER 6,ANIMALS,SECTION 6-3-3,VACCINATION REQUIRED,PARAGRAPHS C.AND D.,FOR THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Connolly MOVED THAT ORDINANCE NO.663,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-39,DECLARING ANIMAL CONTROL PROCEDURES MANUAL PUBLIC RECORD PROPOSED ORDINANCE NO.664,ADOPTING ANIMAL CONTROL PROCEDURES MANUAL FOR THE CITY OF APACHE JUNCTION )City Clerk Kathleen Connelly explained that this proposes adoption of a procedural manual for the Animal Control Division of the Police Department,and as has been done in the past, rather than adopt and be required to publish the entire policy,we are using a resolution to declare the document an item of public record and than adopt i t by ordinance,both of which would be published. Lieutenant Reed Cox stated that this Manual is similar to the Police Policies and Procedures,and includes the services that have been provided in the past. Vice Mayor Bluntschly asked i f there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Vice Mayor Bluntschly closed the hearing to the public. Councilman Damiano MOVED THAT RESOLUTION NO.88-39,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION,ARIZONA,ANIMAL CONTROL PROCEDURES MANUAL,BE APPROVED AND ADOPTED. I FURTHER MOVE THAT ORDINANCE NO.664 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Connolly seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 8 City Attorney David Alexander stated that upon reviewing the policy i t appears to meet State Law minimum criteria for rabies quarantine,as well as providing for "home quarantine program",and some of the Council apparently did not like that program previously. Vice Mayor Bluntschly stated that the program was approved as long as the required shots had been administered, for 14 days only. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.664,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION,ARIZONA,ANIMAL CONTROL PROCEDURES MANUAL,AS DECLARED PUBLIC RECORD BY RESOLUTION NO.88-39;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Damiano MOVED THAT ORDINANCE NO.664,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS INTERGOVERNMENTAL AGREEMENT FOR PINAL COUNTY WASTE MANAGEMENT STUDY )Director of Public Works Rich Broman stated that Pinal County has coordinated for a Study to look as waste management in Pinal County,and have submitted an Intergovernmental Agreement that outlines what the County and City will do in conjunction with meetings of the Pinal County Alliance. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 9 Mr.Da Vee stated that the alternative funding was a recommendation of the Council to the Alliance which changed the original proposal and resulted in shaving about $5,000 of Apache Junction cost originally proposed,and has been agreed to by the other governmental agencies. Councilman Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR PARTICIPATION BY THE CITY IN A SOLID WASTE MANAGEMENT STUDY,BE ACCEPTED AS PRESENTED; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXPEND FUNDS AND PARTICIPATE ACCORDINGLY AS OUTLINED IN THE AGREEMENT. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-41,DECLARING AS A PUBLIC RECORD THE CITY OF APACHE JUNCTION,ARIZONA,COMPLAINT PROCESSING POLICY )Mr.Da Vee explained that this Complaint Processing Policy outlines what information the employee needs to obtain and what information he needs to give to the complaintant,and that the overall working of this policy will eliminate a necessity for citizens to call back to find out the outcome of their complaint. Councilman Damiano MOVED THAT RESOLUTION NO.88-41,DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION,ARIZONA,COMPLAINT PROCESSING POLICY,BE APPROVED AND ADOPTED. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: DIRECTION ON RECRUITMENT FOR CITY MANAGER POSITION Councilman Burgess pointed out that with the issues coming up in the near future such as Home Rule,i t is important REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 10 to recruit a city manager as soon as possible,and asked how much time would be involved. City Clerk Kathleen Connelly replied that the last recruitment took approximately four months,partially due to the consultants recommending not proceeding until the pending recall petitions were resolved,as there may have been reluctance on the part of potential applicants. Ms Connelly stated that one method is to use a professional firm to recruit,or advertising for applicants ourselves,and pointed out that the cost of a firm is regained by obtaining a city manager who has the ability to secure grants for the City and to make wise decisions for the City that are,in the long term, cost effective. Councilman Burgess suggested requesting the City of Casa Grande to give the City of Apache Junction names of those who have applied there,as they are currently looking for a city manager also and already have a professional firm. Ms Connelly stated that there may be a problem with Casa Grande giving those applications to another city. Councilwoman Gardner pointed out that Apache Junction may need different qualities in a city manager than Casa Grande,and that i t would be wise to utilize a consulting firm. Ms Connelly stated that part of the cost to the City was for continued recruitment process should the first selection not be successful,they would continue recruitment until a selection was made satisfactorily. Vice Mayor Bluntschly stated that i t would be in the best interest of the City to hire a city manager as soon as possible. City Clerk Kathleen Connelly stated that there is not a prohibition of newly elected councilmembers participating in the selection process,and the Council may want to wait until after the March 21,primary election,and even though those people elected won't be formally seated they can participate. Councilwoman Gardner stated that she felt comfortable with waiting until after the election. Vice Mayor Bluntschly suggested that even i f the City had to pay a fee for individuals recruited for Casa Grande,i t would shorten the process and would cost less than starting from scratch. Ms Connelly commented that Casa Grande would certainly not wish to give Apache Junction names until they have made their selection,but i f the Council wishes she would contact them and get back to the Council. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 11 Mr.Da Vee informed the Council that Casa Grande is at the final selection stage,and stated that there are three "search"firms that do very well in recruiting for city government,but that the leader is probably the one Apache Junction used the last time,Ralph Anderson & Associates. Councilman Damiano commented that in the interest of expediting the selection of a city manager,using the same firm as Casa Grande should be investigated. Ms Connelly stated that they could be approached,with a possibility of a reduced fee as they would have a selection for Pinal County already. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY CLERK TO CONTACT PROFESSIONAL RECRUITMENT FIRMS WITH EXPERIENCE IN HIRING MUNICIPAL GOVERNMENT MANAGERS FOR THE PURPOSE OF OBTAINING BIDS ON CONDUCTING THE CITY MANAGER RECRUITMENT. I FURTHER MOVE THAT THE SERVICES REQUESTED TO BE PROVIDED BY THE FIRMS INCLUDE SIMILAR SERVICES PROVIDED IN THE PROFESSIONAL SERVICES AGREEMENT AS USED BY THE LAST RECRUITMENT FIRM,AND THAT THE FIRM THAT CASA GRANDE IS USING BE CONTACTED TO SEE IF THERE IS SOME WAY THAT WE COULD EXPEDITE THE PROCESS THROUGH THEM. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. DIRECTION ON AMENDING THE CLASSIFICATION PLAN TO ESTABLISH ASSISTANT CITY MANAGER POSITION;CREATION OF JOB DESCRIPTION FOR ASSISTANT CITY MANAGER POSITION;ESTABLISHING SALARY RANGE FOR ASSISTANT CITY MANAGER POSITION City Manager Bill Da Vee stated that he was asked to prepare comments on this particular item,and essentially the job is being performed currently by the Assistant to the City Manager as viewed by employees and the public,and recommended that the job description be redrafted as well as re-evaluating the pay structure for that particular position and that the succession ordinance should also be considered i f the Council should decide to establish this position,as directly following the City Manager prior to the City Clerk.Mr.Da Vee also stated that the timing does not suggest that the Council should do other than what has been done by appointing the City Clerk as Acting City Manager,but is unrelated to that and was only asked to comment on the title and description of the position,and that the Council should consider changing those at some future point. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 12 Vice Mayor Bluntschly stated that this change in succession would not apply now as the Council has already appointed an Acting City Manager. Vice Mayor Bluntschly asked i f there were any questions of Mr.Da Vee on the part of the Council. Councilwoman Gardner commented that she has no problem with the change in title and job description,and does need to be updated,but that the City is in the process of a salary study and job analysis and that this should be postponed until that study can be completed. Councilwoman Perkins agreed with Councilwoman Gardner,and expressed concern that the City hired Mr.Hoffman as a Public Relations Officer or was Mr.Hoffman hired as a Assistant City Manager, and could there be a better candidate for that position. Mr.Da Vee stated that i t is a natural for the present position to evolve into Assistant City Manager,and thought that this was made clear at the time of hiring the Assistant to the City Manager,and this is exactly what has happened even though the current job description is for a public relations specialist. Councilwoman Perkins also stated that we have Mr.Hoffman who was put in as Acting Planning Director,even though Mr.Nakagawa is considered an Assistant,and also stated that she has a problem with the things that are happening and does not approve. Councilman Burgess stated that Mr.Hoffman is probably capable of doing any one of these jobs,but there is a problem with putting him in the Acting Planning Director position as he does not have time to do the job he was hired for. Vice Mayor Bluntschly asked i f Mr.Hoffman should be told to stop doing anything that is outside his job description,as i t is not fair to ask someone to do a job without paying him for those services. Councilman Burgess stated that the Council has approved additional wages to Mr.Hoffman for doing the job of Acting Planning Director. Vice Mayor Bluntschly replied that this did not address Mr.Hoffman specifically,but anyone who is doing the Acting Planning Director job,or Acting City Manager or any acting position. Councilman Damiano asked i f Mr.Newcomer resigned before Mr.Da Vee,and i f Mr.Hoffman was appointed Acting Planning Director before Mr.Da Vee resigned. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 13 Mr.Da Vee stated that Mr.Newcomer resigned first,and that Mr.Hoffman was appointed first also,but that this is not in any way detrimental to Mr.Nakagawa's capability to perform as Planning Director but that the Council was informed as to why that was not a good thing to do since he was a candidate for the job and has been discussed by the Council previously and the action was ratified by the Council. Mr.Da Vee also stated that the suggestion has been made that this is too much in too little a time,but that these are all unrelated issues,and that having given his opinion on the proposed change,i t is the Council's decision as to when and i f these changes are made. Councilman Connolly commented that even though Mr.Hoffman is capable of doing all of these positions,there are other ramifications that the Council should take an additional two weeks to consider. Councilwoman Perkins stated that Mr.Nakagawa's title is Deputy Director/Associate Planner,and i f he is not the Assistant Planner what is the City paying him for,or is he qualified to step in when Mr.Newcomer resigned. Vice Mayor Bluntschly replied that i t is his belief that Mr.Nakagawa is qualified,but that i t is naive to believe that Mr.Hoffman could act as Acting Planning Director.The job of Assistant City Manager,would be along his career ladder lines and in the best interest of the City to take this proposed action as the City Manager has recommended,and asked i f Mr.Hoffman would like to expound upon his ability to pursue both positions,and further stated that it would not be expected of Mr.Hoffman to handle both positions. Councilwoman Perkins stated that she has still not received an answer as to why Mr.Nakagawa did not replace as an Acting Director. City Manager Bill Da Vee stated that in his opinion i t is not good practice to answer this question publicly,and that this was discussed by the Council previously,but that i t was not recommended to appoint an assistant as acting director,who is interested in applying for the position.Mr.Da Vee further stated that this was done in the best interest of Mr.Nakagawa,who also agreed,and also that beyond that these types of personnel things should not be discussed in public especially since they were discussed with this body already. Councilman Burgess commented that the Council should not even be talking about this at this time. City Attorney David Alexander agreed that this agenda item does not refer to this issue,and Mr.Da Vee is correct as REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 14 personnel procedures dictate that the City Manager is responsible in administrating those procedures and recommended that the Council take action on this item and leave the personnel matters as determined by the City Manager. Councilwoman Gardner MOVED THAT ITEM NO.13B BE POSTPONED UNTIL SUCH TIME THAT THE PENDING EMPLOYEE JOB AND SALARY STUDY IS COMPLETED,AND THAT THE INFORMATION CONTAINED IN THE MEMO FROM THE CITY MANAGER DATED DECEMBER 29,1988,REGARDING THE ASSISTANT CITY MANAGER POSITION BE GIVEN TO THE CONSULTANT FOR REVIEW AS PART OF THE SALARY STUDY. Councilwoman Perkins seconded the motion. Councilman Connolly asked when the salary study is expected to come before the Council. City Clerk Kathleen Connelly stated that i t should be ready for budget consideration. Mr.Da Vee informed the Council that the overall contract is being negotiated and that the proposal is in the mail, but has not as yet been received. Councilman Connolly and Vice Mayor. Bluntschly stated that August would be too late to consider this position change. Councilwoman Gardner suggested that there are several employees that have waited for a couple of years for the study to be completed before proposing changes,and that i t would be better to wait and do all at once. Vice Mayor Bluntschly asked whatwillbedoneintheabsenceoftheCity Manager and Acting City Manager,as Kathy is ill frequently and has allergy problems. Ms Connelly explained that the City Code provides for the Acting City Manager to designate someone in that instance. Councilwoman Gardner also commented that there are other employees who are doing things not included in their job descriptions. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner,Councilman Burgess, Councilwoman Perkins Opposed:Councilman Connolly,Vice Mayor Bluntschly The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 15 ACCEPTANCE OF RESIGNATIONS OF COUNCILMEMBERS;DIRECTION ON FILLING OF COUNCIL VACANCIES City Clerk Kathleen Connelly read the following letter: Dear Mayor and Councilmembers, Effective January 4,1989,at 11:00 p.m.,I will be resigning my council seat, to seek the office of Mayor. Respectfully,Jean Perkins Vice Mayor Bluntschly read the following letter: Mayor Norman Hill Fellow Councilmembers Citizens of Apache Junction I t is with great regret that I must resign from the Apache Junction City Council,effective January 4,1989,at 12 midnight. This is not a step to avoid the responsibility and accountability which I accepted when elected to serve on the Council.I t is a step toward a greater commitment to our City. I am resigning to seek election to the office of Mayor of the City of Apache Junction. The citizenry of Apache Junction is the only special interest group to which I am obligated.This was true in Mayor,1987,when first elected to the Council, and is still true today. While I feel our Council has accomplished a great deal during my service there is much more to be done.I look forward to the opportunity of serving as your Mayor and leading this City onward and forward. Sincerely,Ken Bluntschly Councilwoman Gardner proposed that Talent Bank applications be submitted by those interested in being appointed to the City Council to these vacancies,with a deadline for filing applications to be Thursday,January 12,1989,at 5:00 p.m. Vice Mayor Bluntschly explained that the reason Councilwoman Perkins and himself are resigning,is to run for the office of mayor,and since they are not in the last year of term,State law requires that they resign council positions before becoming candidates for mayor. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 16 Councilman Damiano seconded the motion. City Attorney David Alexander suggested having a special meeting to appoint the new members on Monday,January 16th and the swearing in of those selected to fill the vacancies be the first business to conduct on January 17th to allow for a full Council. Vice Mayor Bluntschly reminded the Council that a vice mayor would also have to be selected at that meeting. Ms Midge Conway,902 S.Ocotillo, Apache Junction,addressed the Council stating that the "appointment"of councilmembers happens far too often with this Council,and that three appointed members is far too much. City Attorney David Alexander replied that this is what State Statutes requires in these situations. Councilman Burgess agreed with Ms Conway. Ms Connelly stated that the previously done research could be presented again on this issue,and that there are many difficulties in presenting unexpired terms to an election. Councilman Damiano asked i f this is per City or State Law. Ms Connelly replied that i t is in State Law. Councilwoman Gardner MOVED THAT RESIGNATIONS OF VICE MAYOR BLUNTSCHLY AND COUNCILWOMAN JEAN PERKINS,EFFECTIVE ON JANUARY 4,1989,AT 11:59 P.M.,BE ACCEPTED WITH REGRET; I FURTHER MOVE THAT DIRECTION BE GIVEN TO THE CITY CLERK TO ADVERTISE FOR TALENT BANK APPLICATIONS FROM THOSE PERSON INTERESTED IN FILLING THE COUNCIL VACANCIES, WITH THE DEADLINE FOR FILING SUCH APPLICATIONS TO BE THURSDAY,JANUARY 12,1989, AT 5:00 P.M. Councilman Damiano seconded the motion. VOTE:In Favor:Councilman Burgess,Councilman Damiano,Councilman Connolly, Councilwoman Gardner Abstained:Councilwoman Perkins,Vice Mayor Bluntschly The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 17 SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, JANUARY 16,1989 EXECUTIVE SESSION,WORK SESSION, JANUARY 17,1989 )Councilman Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON JANUARY 16,1989,IN THE CITY COUNCIL CHAMBERS; AND THAT A SPECIAL MEETING BE HELD FOR THE PURPOSE OF MAKING CITY COUNCIL APPOINTMENTS,MONDAY JANUARY 16,1989,AT 8:00 P.M.,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON JANUARY 17,1989,IN THE CITY COUNCIL CHAMBERS. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Gardner stated that there are a lot of Chamber of Commerce meetings going on,with the Lost Dutchman Days events coming up,and reported that there will a Substance Abuse Task Force meeting. Councilman Damiano reported that there will be a band at the Gazebo on January 15th at 4:00 p.m. Councilwoman Perkins reported that the Arizona Action Beautification Committee will be having a pit barbeque to raise funds to complete the Veterans Memorial Park,and invited everyone,adding that tickets are $10.00. Councilwoman Perkins also stated that there have been a lot of call on the ambulance service,and those people will be attending the Fire Board meeting. ADJOURNMENT )There being no further business to discuss,Vice Mayor Bluntschly adjourned the meeting at 9:25 p.m. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 18 *2.Acceptance of Minutes from the Regular Meeting of December 20,1988 *3.Acceptance of City Manager Resignation;Ratification of Acting City Manager; Compensation for Acting City Manager;Compensation for Acting Planning Director APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY ,1989,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF FEBRUARY ATTEST: KATHLEEN CONNELLY City Clerk NORMAN S.HILL Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,1988 PAGE 19 ,1989.