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Home My WebLink About1988-04-05 City Council Regular MinutesI CITY COUNCIL REGULAR MEETING APRIL 5,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 5,1988,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 7:00 p.m. INVOCATION Former Councilmember Jimmy Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Bluntschly led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Councilman Burgess Councilwoman Perkins Councilman Bluntschly Councilwoman Gardner Councilman Damiano Councilman Connolly Mayor Hill City Manager Bill R.Da Vee City Clerk Kathleen Connelly City Attorney David Alexander Deputy City Clerk Lori Zmayefski Assistant to the City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Planning Chuck Newcomer Director of Community Services Jeff Bell Director of Public Works Rich Broman Economic Development Specialist John Schoeph Assistant Planner Julie Reid Associate Planner/Deputy Director Jim Nakagawa Others Present:Former Vice Mayor Jim Bakkedahl REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 1 ii Mr.Glenn Pratt 2555 W.Madero Mesa,AZ Mr.Pat Harrington 1801 S.Jen Till Lane #C9 Tempe,AZ 85281 Ms Ilene Taylor 1617 S.Cortez ACCEPTANCE OF CONSENT AGENDA Apache Junction,Arizona )Councilman Bluntschly MOVED THAT ITEM NOS.1 -8 BE ACCEPTED AS PRESENTED,AND FURTHER: A.THAT DIRECTION BE GIVEN TO THE PLANNING AND ZONING COMMISSION TO FURTHER INVESTIGATE AGE OVERLAY ZONING REGULATIONS IN APACHE VILLA UNIT I ; B.THAT MAYOR HILL AND COUNCILMAN DAMIANO BE APPOINTED AS CITY COUNCIL REPRESENTATIVES ON THE CITY BOARD OF HEALTH; C.THAT ALL BIDS SUBMITTED FOR PROSPECTOR PARK AND THE LITTLE LEAGUE FIELDS BE REJECTED AND THAT AUTHORIZATION BE GIVEN TO RECONSIDER THESE BIDS WHEN A PROFESSIONAL SERVICES SELECTION PROCESS IS APPROVED AND ADOPTED BY THE CITY COUNCIL; D.THAT THE LICENSE AGREEMENT FOR APACHELAND BE APPROVED FOR A PERIOD OF ONE YEAR BEGINNING ON DATE OF SIGNING AND ENDING ON ONE YEAR FROM DATE OF SIGNING. Councilwoman Perkins seconded the motion. Councilman Damiano asked for an explanation,for the public,on the Apacheland License Agreement. Director of Public Safety Bill McDaniel explained that the City is leasing Apacheland for a Police Department training facility,for one year for one dollar. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests Mayor Hill introduced former councilmembers Jimmy Eidson,Ilene Taylor,and Jim Bakkedahl. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 2 AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Hill presented a plaque to former Vice Mayor Bakkedahl for his service as Vice Mayor. Former Vice Mayor Bakkedahl thanked Mayor Hill and Councilmembers and dedicated the plaque to his wife for her support during his terms on the Council. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Bill R.Da Vee stated that a "planning session"has been instituted for staff to facilitate the agenda preparation to improve the quality of information presented,for the work session and regular meetings,with a follow-up session,and that staff discussions have included budget process and report forms,and further outlined discussion with ADOT for the improvements to Idaho Road,U.S.Highway 60,and U.S.Highway 88,and reported that the ADOT Transportation Board will conduct public hearings on the tentative Five -Year Construction Program on April 6th at 9:00 a.m.,in the City Council Chambers in Flagstaff,on April 15th in the ADOT Auditorium in Phoenix,at 9:00 a.m.,and on April 22nd in the Council Chambers in Tucson at 1:00 p.m.,at which time comments may be delivered in writting and in person.Mr.Da Vee pointed out the comment on House Bill 2287,in the League Bulletin #10,which would deannex any strip annexations by any City,i f passed,and urged Council and public to oppose that Bill by contacting Legislatures.Mr.Da Vee also stated that there will be a "Red Carpet Presentation"at Gold Canyon on April 6th,with the purpose of discussion with potential investors the idea developed in the EOAT concerning a condominium,industrial park. PUBLIC HEARINGS PZ-22-87,COUNCIL -INITIATED AMENDMENTS TO APACHE JUNCTION ZONING ORDINANCE: MINIMUM LOT SIZE REQUIREMENTS FOR THE CR-1 AND CR-1(MH);CR-2(MH);R1-8(MH);CR-3(MH);R1 DUPLEX;AND TH RESIDENTIAL ZONING DISTRICTS-REQUEST FOR CONTINUANCE OF PUBLIC HEARING )Director of Planning Chuck Newcomer stated that the Planning and Zoning Commission,wishing to hold an additional work session on this item,requests a continuance to May 3,1988. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 3 Councilwoman Perkins MOVED THAT PZ-22-87,COUNCIL -INITIATED AMENDMENTS TO THE APACHE JUNCTION ZONING ORDINANCE BE CONTINUED UNTIL THE REGULAR CITY COUNCIL MEETING OF MAY 3,1988. Councilman Damian°seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.617, ESTABLISHMENT OF HEALTH AND HUMAN SERVICES COMMISSION (With the Emergency Clause) )Councilman Burgess MOVED THAT ORDINANCE NO.617 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF APRIL 19,1988. Councilman Connolly seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.615,AMENDMENT TO CLASSIFICATION PLAN TO ALLOW FOR POLICE CAPTAIN AND POLICE RECORDS CLERK POSITIONS )City Manager Bill R.Da Vee explained that authorization was previously requested to prepare an ordinance re-establishing the position of Police Captain,which will be a promotional opportunity for one of the Lieutenants,and providing for an additional Police Records Clerk position,due to volume in the Police Department. Mayor Hill 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,Mayor Hill closed the hearing to the public. Councilman Bluntschly MOVED THAT ORDINANCE NO.615,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 4 Councilman Damiano seconded the • VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.615,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CLASSIFICAITON PLAN FOR THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Bluntschly MOVED THAT ORDINANCE NO.615,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. Councilwoman Perkins asked what the starting salary was for the Captain position. Mr.Da Vee stated that the range is 43,but would have to check on the dollar amount. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.613,MOBILE HOME STANDARDS (Postponed Item) )City Attorney David Alexander explained that Ordinance No.613 was prepared by a Committee,attempting to provide provisions for a minimum year to establish standards for mobile homes, to define certain levels of installation,which must comply with the City Building Code,and any modifications to those units after they are installed in the City have to comply with the Building Code,and when a unit is installed inspections are required by Intergovernmental Agreement with the State,and any modifications discovered at that time not complying with the Building Code,will be rejected. Mr.Newcomer stated that Mr.Nakagawa is prepared to answer any questions. Mayor Hill opened the hearing to the public. Mr.Glenn Pratt,2555 W.Madero, Mesa,addressed the Council in opposition to the proposed ordinance. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 5 • I I Mr.Pat Harrington,1801 S.Jen Tilly Lane #C9,Tempe,AZ 85281,commended staff on the Ordinance as prepared. Mayor Hill stated that the Council has to put the health,safety and welfare first with the citizens of Apache Junction. Ms Ilene Taylor,1617 S.Cortez, Apache Junction,spoke in favor of the proposed Ordinance No.613,requesting an amendment. There being no one else wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Bluntschly MOVED THAT ORDINANCE NO.613,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.613,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE CODE OF THE CITY OF APACHE JUNCTION,VOLUME I ,CHAPTER 7 BUILDING,ARTICLE &-1 BY ESTABLISHING MOBILE/MANUFACTURED HOME STANDARDS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Bluntschly MOVED THAT ORDINANCE NO.613,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. Councilman Damiano MOVED THAT ORDINANCE NO.613 BE AMENDED TO INCLUDE MS ILENE TAYLOR'S COMMENT,and asked to hear Ms Taylor's suggested amendment to the Ordinance. City Clerk Kathleen Connelly read as follows: THAT A SENTENCE BE ADDED TO SECTION 7-1-11,SO THAT TO NOT APPLY TO MOBILE HOMES FOR INSTALLATION IN PARKS NOR SHALL THE OLDER HOME BE ALLOWED TO PASS FROM THE PARK TO PRIVATE LAND,THEREBY UPGRADING THE RESIDENTIAL ZONING. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 6 • Councilman Damiano clarified that this would apply to Section B.1. City Attorney David Alexander further explained that i f this particular proposal were to be passed,i t would appear that older homes than 1976 would be installed in mobile home parks that were approved before 1976,in other words mobile homes older than 1976 could be move into a mobile home park. Mayor Hill asked i f the older mobile home would still have to be inspected and brought up to Code standards. Mr.Alexander replied that i t would be inspected pursuant to any intergovernmental agreement with the State,but would not be brought up to any standards as such. Councilmembers requested that the hearing be reopened to the public. Councilman Bluntschly and Councilwoman Gardner withdrew the motion and second. Councilman Damiano withdrew the amendment to the motion. Ms Taylor further explained the requested amendment. Councilman Bluntschly MOVED THAT ORDINANCE NO.613,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. Councilwoman Perkins stated that to limit these installations to parks,i t would be discrimination. VOTE:In Favor:Councilman Burgess,Councilman Connolly,Councilwoman Gardner, Councilman Bluntschly,Mayor Hill Opposed:Councilman Damiano,Councilwoman Perkins Councilwoman Perkins requested a revote,due to misunderstanding the vote. City Clerk Kathleen Connelly explained that the roll call vote will be redone,due to Councilwoman Perkins misunderstanding the motion,and further that the motion is for Ordinance No. 613,as originally read without the amendment as suggested by Councilman Damiano. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 7 VOTE:In Favor:Councilman Burgess,Councilman Connolly,Councilwoman Gardner, Councilman Bluntschly,Councilwoman Perkins,Mayor Hill Opposed:Councilman Damiano The motion carried. OLD BUSINESS None. NEW BUSINESS CLAIM AGAINST THE CITY FOR REIMBURSEMENT OF EXPENSES TO PAY FOR REPAIRS,FILED BY APACHE REALTY )City Manager Bill R.Da Vee explained that a claim for damages was filed by Mr.C.D.Crockett,property manager for an apartment building,wherein a billing was submitted for $431.16 for damages incurred when a police officer forced a door of a smoke filled apartment,and recommended denial of said claim,with the opinion that the police officer acted within his responsibilities. Mayor Hill commented that the City should not be sued for a police officer doing their job,protecting citizens. Councilwoman Gardner MOVED THAT THE CLAIM AGAINST THE CITY SUBMITTED BY APACHE REALTY BE DENIED. Councilman Bluntschly seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT OF COMMITTEE FOR CODE COMPLIANCE REGARDING CABLE TV FRANCHISE ) )Mr.Da Vee stated that Dowden Cable Partners desires to transfer assets to Triax Communications Corporation,and that the City Code requires the same process as a new applicant,which includes recommendation to the Council by a CATV Committee,which should be appointed at this time. Councilman Burgess MOVED THAT THE FOLLOWING PERSONS BE APPOINTED TO THE CATV COMMITTEE: REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 8 GEORGE HOFFMAN,STAFF BILL DA VEE,CITY MANAGER MARI GARDNER,COUNCILWOMAN Councilwoman Perkins seconded the motion. VOTE:In Favor:Councilman Burgess,Councilwoman Perkins,Councilman Connolly, Councilman Damiano,Councilwoman Gardner,Mayor Hill Opposed:Councilman Bluntschly The motion carried. DIRECTION TO AMEND AGREEMENT WITH ARIZONA DEPARTMENT OF REVENUE ON SALES TAX AUDITING )City Clerk Kathleen Connelly stated that Council has discussed the need to conduct audits on delinquent,non-paying and under -paying accounts without having to wait for the Department of Revenue to perform the audit,and in order for the City to do so i t is necessary to amend the agreement with the Department of Revenue. Councilman Bluntschly MOVED THAT DIRECTION BE GIVEN TO THE CITY CLERK,THROUGH THE CITY MANAGER,TO PROCEED WITH THE PROCESS TO AMEND THE AGREEMENT WITH THE STATE DEPARTMENT OF REVENUE REGARDING SALES TAX COLLECTION. Councilwoman Gardner seconded the motion. VOTE:Unnaimous The motion carried. SELECTION OF DATE FOR PUBLIC HEARING ON ABANDONMENT OF SCENIC STREET AT IDAHO ) )City Clerk Kathleen Connelly explained that Council postponed action on the proposed abandonment of Scenic Street at Idaho Road,and indicated a desire to conduct a public hearing prior to taking action,and suggested several possible date. Councilwoman Gardner MOVED THAT A PUBLIC HEARING ON THE ABANDONMENT OF SCENIC STREET AT IDAHO ROAD BE HELD ON APRIL 21,1988,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 9 Councilman Bluntschly seconded the VOTE:Unanimous The motion carried. DIRECTION ON AMENDING CITY POLICY ON ACCRUAL OF EMPLOYEE SICK LEAVE )City Manager Bill R.Da Vee stated that current City Policy allows a maximum accumulated sick leave of 480 hours, and that concern was expressed as to whether this policy is sufficient in the case of a serious illness,with the possibility of a higher maximum,and suggested considering a maximum of 90 days. Councilman Bluntschly MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER AS FOLLOWS: THAT EMPLOYEES OF THE CITY OF APACHE JUNCTION BE AUTHORIZED TO ACCUMULATE UNLIMITED SICK LEAVE,AND THAT ANY SICK LEAVE IN ACCESS OF 480 HOURS BE PLACED IN A BANK TO BE UTILIZED ONLY IN THE CASE OF A CATASTROPHIC,NON -WORKING RELATED ILLNESS OR INJURY,AND THAT IN THE EVENT OF A CITY EMPLOYEE UTILIZES SICK LEAVE BECAUSE OF A NON -WORKING RELATED ILLNESS OR INJURY,THAT A MEDICAL SLIP FROM A DOCTOR,ATTENDING PHYSICIAN,BE SUBMITTED TO HIS OR HER SUPERVISOR UPON RETURNING TO WORK OR WITHIN SEVEN DAYS AFTER RETURNING TO WORK; AND FURTHER THAT NO COMPENSATION BE MADE FOR UNUSED SICK LEAVE UPON TERMINATION OR RETIREMENT FROM THE CITY OF APACHE JUNCTION. Councilman Damiano seconded the motion. Councilman Burgess asked i f an employee is required to produce a doctor's slip after 30 days absence currently. Mr.Da Vee replied that an employee can be required to show a doctor's slip after one day,i f there is some reason to suspect they may not have been il l ,employees are not authorized to take sick leave simply because they do not wish to work,but only when they are il l . VOTE:Unanimous The motion carried. EXECUTIVE SESSION,WORK SESSION, APRIL 18,1988 EXECUTIVE SESSION,WORK SESSION, APRIL 19,1988 )Councilman Damiano MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON APRIL 18,1988,IN THE CITY COUNCIL CHAMBERS; REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 10 AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON APRIL 19,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION BE HELD ON APRIL 11,1988,AT 6:30 P.M.,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Bluntschly seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Perkins reported on the Arizona Action Team,and invited everyone to help at the Gazebo on Saturday,at 8:00 a.m. Councilman Bluntschly announced that the annual Policeman's Ball will be held on April 16,1988. REQUESTS OF COUNCIL Councilman Bluntschly requested a task force be formed in conjunction with the Chamber of Commerce to review permitted uses within zoning districts and make recommendations to the Council or Planning and Zoning Commission in the event there are changes that need to be made. ADJOURNMENT )Councilman Damiano MOVED THAT THE MEETING BE ADJOURNED AT 8:25 P.M. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes from the Regular Meeting of March 1,1988 REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 11 *3.APPROVAL OF SCOPE OF WORK FOR BUILDING EXPANSION *4.DIRECTION TO PLANNING AND ZONING COMMISSION TO FURTHER INVESTIGATE AGE OVERLAY ZONING REGULATIONS (APACHE VILLA UNIT I) *5.APPOINTMENT TO BOARD OF HEALTH *6.PLANNING,DESIGN AND ENGINEERING SERVICES FOR PROJECT NUMBER CS -88-1,LITTLE LEAGUE FIELD RENOVATIONS AND PROJECT NUMBER CS -88-2,PROSPECTOR PARK PHASE I I *7.ACCEPTANCE OF ECONOMIC AND FINANCIAL ANALYSIS OF SEWER ISSUES AS PRESENTED BY BROWN AND CALDWELL *8.APPROVAL OF LICENSE AGREEMENT FOR USE OF APACHE LAND MOVIE LOT BY POLICE DEPARTMENT ACCEPTED THIS DAY OF CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF ATTEST: KATHLEEN CONNELLY City Clerk ,1988,BY THE MAYOR AND 70:7-4o!,07. ,1988. NORMAN S.HILL Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 5,1988 PAGE 12