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HomeMy WebLinkAbout1988-05-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING May 17,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 17,1988,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 7:07 p.m. INVOCATION Councilwoman Gardner gave the invocation. PLEDGE OF ALLEGIANCE Councilman Burgess led the pledge of allegiance. ROLL CALL Councilmen Present: Staff Present: Councilman Connolly Councilman Damiano Councilwoman Perkins Councilwoman Gardner Vice Mayor Bluntschly Councilman Burgess City Manager Bill DaVee City Clerk Kathleen Connelly Finance Controller Keith Lewis Director of Planning Chuck Newcomer Lt.Dan Scott,Police Department Lt.Reed Cox,Police Department Director of Public Works,Rich Broman City Attorney David Alexander Economic Development Specialist John Schoeph Director of Community Services Jeff Bell Operations Superintendent Doug Dobson Deputy Planning Director Jim Nakagawa Senior Engineering Technician Jerry Brady Others Present:Mr.Niel Hauck,1505 S.Sixshooter Road,Apache Junction REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 1 Mr.Kit Snyder,2002 W.Summit Place,Chandler Ms Midge Conway,902 S.Ocotillo,Apache Junction Ms Kathy Allen,733 S.Tomahawk Road,Apache Junction Mr.Bruce Brazil,10470 E.Cordova,Apache Junction Ms Brenda Hilbert,2230 N.Apache Trail,Apache Junction Mr.Ray Johnson,690 N.Pinyon,Apache Junction Ms Toni Pasquale,946 E.Osage,Apache Junction Ms Jenny K.Bennett,422 Rosell,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT AGENDA ITEMS NO.1 THROUGH 6 BE ACCEPTED AS PRESENTED AND THAT PROJECT NO.PW-88-08,CHIP:SEAL,BE AWARDED TO FRW IN THE AMOUNT OF $63,100; THAT THE BID FOR THE ANNUAL AUDIT,F-88-2 ;BE AWARDED. TO ARTHUR ANDERSON AND COMPANY,IN THE AMOUNT OF $9,500; THAT THE CLAIM SUBMITTED AGAINST THE CITY BY C.T.PARKS BE REJECTED; THAT THE PROPOSED RESOLUTION NO.88-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602,ARIZONA REVISED STATUTES,BE APPROVED AND ADOPTED. motion.----- VOTE:.UNANIMOUS The motion carried. Councilman Damiano seconded the Introduction -of Distinguished Visitors and Guests Vice Mayor Bluntschly welcomed everyone to the Council meeting,and acknowledged Mr.John Allanson,former Planning and Zoning Commission Midge Conway,Planning and Zoning Commissioners Ray Hooker and Sharon Alger. AWARDS,PRESENTATIONS,AND COMMUNICATIONS On behalf of the Pinal County United Way,the City Council acknowledged the efforts of Officer Steve Greb. Mr.Niel Hauck,1505 S.Sixshooter Road,Apache Junction,Chairman of the Superstition Horseman's Association,presented a check in the amount of $100.00 REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 2 CALL TO THE PUBLIC Former Planning and Zoning Commissioner Midge Conway,902 South Ocotillo Drive,Apache Junction,on behalf of herself and her husband,presented a book entitled,The People Apache,to the City Council so i t could be sent to a 14 year old boy from Poland who was seeking information on the Apache Indians. Mrs.Conway stated the book had been presented to her husband by a medicine man from the San Carlos Apache Indian Reservation. Mr.Kit Snyder,2002 W.Summit Place,Chandler,Arizona,stated he is a federal employee at Williams A.F.B.,-and the president of a labor organization at the Base.He stated many of their members live in Apache Junction and their concern is that Williams A.F.B.is considering contracting out many of the maintenance jobs of federal employees.He stated i f this is accomplished there will be an economic impact on Apache Junction. Ms Kathy Allen,733 S.Tomahawk Road,Apache Junction,stated that on May 13 at 1:27 a.m.-a passing vehicle backfired outside the neighbors apartment.She stated the police arrived at her apartment,did not originally announce themselves,when they did finally announce themselves and she opened her door, three officers entered her home with their guns drawn and began to search her home.She stated she was very frightened for herself and her three children. She stated that when she attempted to file a grievance against the three officers she was told she would have to obtain a lawyer.She requested a public apology and an investigation of the police department. CITY MANAGER'S REPORT City Manager Bill DaVee stated that d6ring the budget session held on May 12,the direction was to proceed with the task of balancing expenditures with projected revenues and the City's available cash.He stated the Council indicated at that time that Capital programs and street improvement projects should be considered for reductions equal to the short -fall being forecast for the retail sales tax added last year.He stated that in addition i t was also the direction of the Council to carefully study the personnel additions requested to determine which might be deferred or eliminated.He stated the Council has established June 6,to meet again on the budget. Mr.DaVee stated House Bill 2287 on de -annexation has been amended to the point where i t is agreeable to most cities.He informed the Council that the Council's phone calls to the legislators were instrumental in bringing the bill into a better form than the original proposal. Mr.Da Vee stated another bill in the House,22-36,on the subject of city- initiated and referendum,will be considered next week.He stated a couple of amendments have been proposed which are supported by the league and a couple which would have been problems to all cities were eliminated.He informed the REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 3 Council that their contact with the legislators on these matters were,again, instrumental in changing these bills. City. Manager Bill Da Vee stated -he will be participating in the Pinal County Town Hall.in -Casa Grande.He stated he will be participating in -the portion of the program Which allows informal discussions with local jurisdictions in the County about local economic development efforts and stuctures. Mr.Da Vee informed the Council that the annual meeting for the Central Arizona Association'of Goverments will be held in Payson on June 17. PUBLIC HEARINGS — APPLICATION FOR SERIES 12 LIQUOR LICENSE -SUNDANCER )Mr.Bruce Brazil,10470 E.Cordova, Apache Junction,the applicant,made himself available to answers any questions. . from the Council. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to speak either in favor of the item. There being no one wishing to address the item Vice Mayor Bluntschly closed the hearing to the public. Councilman Damiano MOVED THAT THE APPLICATION FOR A SERIES 12 LIQUOR LICENSE,SUBMITTED BY MR.BRUCE B.BRAZIL, FOR THE SUNDANCER,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL Counciiman Connolly seconded the motion. Vice Mayor Bluntschly asked staff i f there was any change from last night in the status between the non -permitted sign and the remodel without a permit.' (There was no audible response) VOTE:In favor Councilman Burgess,Councilwoman Perkins,Councilman Damiano, Councilman Connolly,Councilwoman Gardner Opposed Vice Mayor Bluntschly The motion carried. APPLICATION FOR LIQUOR LICENSE KOVAK'S KORNER,2230 N.APACHE TRAIL REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 4 )Ms Brenda Hilbert,2230 N.Apache Trail,Apache Junction,the applicant,made herself available to answer any questions from the Council Vice Mayor Bluntschly asked i f there was anyone in the public wishing the speak either in favor of or in opposition to the item. There being no one wishing to address the item,Vice Mayor Bluntschly closed the hearing to the public. Councilman Damiano MOVED THAT THE APPLICATIONF ORDINANCE A SERIES 7 LIQUOR LICENSE,SUBMITTED BY MS BRENDA LEE HILBERT,FOR KOVAKS -KORNER,BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL motion. VOTE:Unanimous The motion carried Councilwoman Perkins seconded the PROPOSED ORDINANCE NO.626, PERSONNEL POLICY AMENDMENT TO PROVIDE FOR INTERNAL PROMOTION OF CITY EMPLOYEES ) )City Manager Bill Da Vee stated this matter was originally presented with the residency policy which was recently adopted.He stated the proposed ordinance establishes the City's intent to consider internal promotion when there are qualified employees within the City service who are interested in an available position.He stated as i t was previously explained this mechanism applied to other than police applicants before and the proposed ordinance enable equal application of the rule.He stated i t further establishes the procedure to be followed.He stated Council direction on this matter has been followed and requested Council consideration of adoption of the measure. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to speak either in favor of or in opposition to the item. There being no one wishing to address the item,Vice Mayor Bluntschly closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.626,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 5 VOTE:UNANIMOUS The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.626,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION,ARTICLE 3-10,PERSONNEL SYSTEM,PERTAINING TO APPLICATIONS AND APPLICANTS,REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY Councilwoman Gardner MOVED THAT ORDINANCE NO: -626,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:UNANIMOUS The motion carried. PROPOSED ORDINANCE NO.625 PZ-44-86,PROPOSED AMENDMENTS TO SECTION 3.00,ADMINISTRATIVE SUBDIVISIONS -LAND SPLITS OF THE APACHE JUNCTION SUBDIVISION REGULATIONS )Director of Planning Chuck Newcomer stated the proposed amendments to the land split regulations provide a means by which the less complicated land splits can go through an abreviated,much less costly process than -the more complicated land split applications.Mr.Newcomer explained the graphics and the process previously provided to the Council.He stated under the proposed ordinance the splits that would qualify for the less extensive requirements of the land split ordinance could either be prepared by the applicant or by registered surveyor.He stated the type of information required on this would be a sketch of the property and the proposed splits indicating the approximate parcel dimensions and bearings including the streets, other features,and a legal description using the sectional type breakout as opposed to a leaps and bounds type breakout of the two parcels involved.He stated most residents should be able to prepare and submit them. Councilman Burgess asked about surveys in those instances where there was a building in the middle of the parcel in question. Director of Planning Chuck Newcomer stated that i f i t was at the point where staff could not go out in the field and determine i t was going to meet the requirements and that a problem might be REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 6 created,a survey would be requested.He stated a provision has been left in that i f applicants do wish to record them,which is often a wise choice to make when doing a property survey,then they will be supplied with the information on how to go about recording and they will be stamped for approval and record the map for the applicants.He further stated that another proposal of the new requirements is to have the applicant supply a draft of what they will be using for their instrucments of conveyence to insure that the legal descriptions are the same same as the legal descriptions that they are using to convey the property. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to speak either in favor of or in opposition to the item. There being no one wishing to address the Council-on the item,Vice Mayor Bluntschly closed the hearing to the public.- Councilwoman Jean Perkins MOVED THAT ORDINANCE NO.625,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: ORDINANCE NO:625,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING ARTICLE III OF THE APACHE JUNCTION SUBDIVISIONS REGULATIONS BY SETTING FORTH STANDARDS,PROCEDURES,AND REQUIREMENTS FOR LAND SPLITS;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilwoman Perkins MOVED THAT ORDINANCED NO.625,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. Councilman Burgess asked how long the proposed process would take. Director of Planning Chuck Newcomer stated the timeframe for the process would be reduced to about half the current period of time i f everything was in order. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 7 Councilman Burgess asked how long i t would take for an acre and a quarter piece of property to be divided into thirds i f i t is already pinned and surveyed. Mr.Newcomer stated i t could be turned around within the same week. VOTE:UNANIMOUS The motion carried. PROPOSED ORDINANCE NO.617 HEALTH AND HUMAN SERVICES COMMISSION (REQUEST FOR POSTPONEMENT) )City Clerk Kathleen Connelly informed the Council that the ordinance before them was originally proposed in March of 1988.She stated as proposed now i t would establish,as a standing commission of the City,a group of seven individuals who would review and make recommendations to the City Council on a variety of duties,to include conducting public hearings to determine health needs of the City,services provided to the elderly,handicapped,and developmentally disabled;they would work with other agencies in bringing about some of these changes,would make recommendations to the City regarding funding in the human service areas,and whatever else the Council might want this particular board or commission to do. The balance of the ordinance complies with what the City's regulations are regarding the City's other standing boards and commissions. Mr.Ray Johnson,690 N.Pinyon Drive,Apache Junction,stated he is a member of the Community Foundation and i t is the Foundation's recommendation that the proposed ordinance be postponed until a worksession can be held on the matter. Councilman Damiano MOVED THAT ORDINANCE NO.617 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF JUNE 21,1988. Councilwoman Gardner seconded the motion. Councilwoman Perkins asked why the item continues to be postponed. Councilwoman Gardner stated her concern is that there may be some possible changes in the ordinances.She stated this has been discussed but nothing has been incorporated at the present time.She stated she cannot vote on the proposed ordinance as presented. Vice Mayor Bluntschly stated he is in opposition to the Commission the way the ordinance is currently read.He stated he can neither support the Commission nor vote for postponement. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 8 VOTE':In favor Councilman Damiano,Councilwoman Gardner Opposed Councilman Burgess,Councilwoman Perkins,Councilman Connolly, Vice Mayor Bluntschly The motion failed. Councilman Burgess MOVED THAT ORDINANCE NO;617 BE TABLED INDEFINITELY. motion.Councilman Connolly seconded the. VOTE:In favor Councilman Connolly,Vice Mayor Bluntschly,Councilman Burgess,Councilwoman Perkins Opposed Councilwoman Gardner,Councilman Damiano The motion carried. OLD BUSINESS RECONSIDERATION OF PREVIOUS COUNCIL ACTION --ROYAL PALM ROAD PW-88-04 ) )Councilwoman Gardner MOVED THAT PREVIOUS COUNCIL ACTION ON PROJECT NO.PW-88-04,ROYAL PALM ROAD,BE RECONSIDERED, Councilwoman Perkins seconded the motion. VOTE:In favor Councilwoman Gardener,Councilman Burgess,Councilwoman Perkins,Councilman Connolly Opposed Vice Mayor Bluntschly Abstained Councilman Damiano (possible conflict of interest) The motion carried. Councilwoman Perkins stated an improvement district has been suggested;improvement districts are very difficult to get through.She stated at this time the City will be doing some flood control work there,a bid for the curb and sidewalk and flood control has been submitted which is much less expensive than anticipated.She asked the Council to look to the future and advised the Council that putting sidewalks in now will be saving money in the long run. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 9 City Clerk Kathleen Connelly advised the public that previously the Council had considered awarding a bid for improvements -along Royal Palm Road extending from Hondo to Southern.She stated the motion was denied by Council but because reconsideration has been requested, the item was placed on the agenda once again.The first motion was successful and therefore the Council can now amend their previous action. Councilwoman Gardner stated she has asked that this item be reconsidered because she has reconsidered some of the facts brought out and Palm Springs paid the cost of paving Royal Palm at one time and the -City would not incur that expense,therefore the paying the costs of the curbs and sidewalks would not -establish an undesired precedent for the City. Vice Mayor Bluntschly stated his objection to this item is that the City has had a lot of meetings and discussion as far as policy.The City has established a policy which states the City will put in paving as far as streets are concerned and any curb,gutter,sidewalks will be done by improvement district.He stated until such time as a policy is established that the City will put in the amenities for the -subdivisions he cannotsupportit.__ Councilman Connolly stated i t is not possible to have a black and white definition of everything.He stated his belief that this money will benefit more citizens of ApacKe -JunCtion,more citizens will benefit from fewer dollars. -Ms Toni Pasquale,946 E.Osage urged the Council to go with the sidewalks -rather than the gravel pathway.She stated that besides needing little maintenance,sidewalks will be a permanent improvement. There being no further discussion from the public,Vice Mayor Bluntschly closed the meeting to the -public. Councilwoman Gardner MOVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY AWARD THE BASE BID FOR:CITY -PROJECT PW-88-04, ROYAL PALM ROAD STREET IMPROVEMENTS'FOR CURB AND ASSOCIATED CONSTRUCTION AS WELL AS ALTERNATE 2 FOR SIDEWALK CONSTRUCTION TO LBG CONTRACTING INC.IN THE AMOUNT OF $34,014.90. motion. Councilman Connolly seconded the VOTE:In favor Councilwoman Perkins,Councilman Connolly,Councilwoman Gardner,Councilman Burgess Opposed Vice Mayor Bluntschly Abstained Councilman Damiano REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 10 The motion carried. WASTE DUMPED -AT APACHE MINE )Councilman Damiano MOVED THAT ITEM NO.13 BE CONTINUED -TO JUNE 7,1988,AND THAT THE CITY MANAGER AND/OR THE CITY ATTORNEY CONTACT THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY -AND REQUEST THAT NO ACTION BE TAKEN TO BURY THE HAZARDOUS WASTE DUMPED AT THE APACHE MINE SITE UNTIL ACTION IS TAKEN ON THIS ITEM AT THE CITY COUNCIL -MEETING OF JUNE 7, 1988,AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS BEEN -INFORMED OF THAT ACTION. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS The motion carried.- -•• BROADWAY AVENUE STREET DESIGN MERIDIAN TO IDAHO PROJECT NO.PW-88-02 )Director of Public Works Rich Broman stated this item is .to consider the award of contract to a design engineering firm for Broadway from Meridian to Idaho Road.He stated he was prepared toansweranyquestionfromtheCouncil._ Mrs.Midge Conway,902 South Ocotillo Drive,stated her concerns about the work that would be taking place and the effects the work would have on the homes whose backyards are on Broadway._ Mr.Broman stated the proposal is to widen the section and to include curbs and sidewalks because of the school.He stated there are drainage problems which will be addressed.He stated the area around Delaware is where the major problem is and some storm drain work will done.He stated the Ironwood to Idaho will be paving with no curb and sidewalk with possible storm drain improvements. Mrs.Conway stated her belief that curbs and sidewalks should be put all the way through Broadway. Ms Jenny K.Bennett,422 Rosell, asked why sidewalks weren't planned for the area from Ironwood to Idaho.Ms. Bennett stated there is a lot of foot traffic along that stretch of road and a sidewalk along there would also enhance Sierra Entrada. Councilwoman Gardner stated the major reason is money.She stated sidewalks in this area are in the five-year REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 11 plan and i t would have to be done in stages,but at least •the road will be widened. Councilman Burgess stated that in the future the City -will in all probability be doing that.He stated that are miles of roads that have no sidewalks and hopefully someday they will. Councilwoman Perkins stated her hope that somehow the City can afford to put in sidewalks. Councilman Connolly asked the Director of Public Works what the cost difference is for developing the whole project with and.wtthout sidewalks._ Director of Public Works Rich Broman stated the sidewalk has been running at about $1.00 to $1:50 a square foot.He Councilman Connolly asked Mr.Broman his opinion about -doing the paving without sidewalks and then coming back in five years.to:put -in the sidewalks. Mr.Broman stated that every year there seems to be inflation of materials.He stated the transportation board discussed the -possibility of doing curb and sidewalk,but in doing that the indication was that there may be trouble widening the roads to meet the scheduled Superstition Freeway and widening the roads to accommodate the growth and traffic volume on some of the east/west corridor.The result was to concentrate on widening the roads where possible to accommodate existing growth, traffic,and as money becomes available after that to come back and add curb and sidewalk with the exeception of some specialized cases.He stated overall i t will cost more to go that route in the longrun. •Councilman Burgess stated his understanding that the Transportation Board had the consultant line out areas he that should be addressed in the five to ten year plan.He stated that to pave Broadway Road from Idaho to Ironwood complete basically eliminated or postponed doing other projects in town that the consultant felt needed to be done now. Councilman Damiano stated something needs to be done now.He said he did not want to see Broadway done in sections. He stated the equipment,and people were already there,he'd like to see i t go on through.Broadway is a major arterial road and traffic has increased since i t was made four lane in Maricopa County. Vice Mayor Bluntschly stated that the City is going to be cutting corners and scrimping to be able to meet budget demands for the upcoming fiscal year,a large amount of money has been invested in the five-year plan,many things are already on the drawing board with more coming all the time.He stated he cannot see pulling funds from one project for another for this particular program. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 12 Councilman Burgess stated the Council recently approved the five-year plan and now there are discussions which tear i t apart,and the land in question for the most part is all -prime property in town which will be developed someday and the developer will have to put in the curb and gutter in at no cost to the City. Councilman Damiano MOVED THAT THE BID FOR THE BROADWAY AVENUE STREET DESIGN,MERIDIAN TO IDAHO,PROJECT NO. PW-88-02,BE AWARDED TO SAGE ENGINEERING SOUTHWEST INC.IN THE AMOUNT OF $38,375. Councilwoman Gardner seconded the motion. VOTE:UNANIMOUS The motion carried. AUTHORIZATION TO APPRAISE LAND VALUES FOR RIGHT-OF-WAY ADJACENT TO PROPERTY AT 1265 N.WARNER )City Manager Bill Da Vee stated the Council has received notice in the interest of a party to sell property for the public right-of-way located on Manzanita and Warner.Mr.-Da Vee stated that i f the Council wishes to pursue the matter,an appraisal of the value of the property would be required in order to determine what the City could pay in acquisition. Councilman Damiano MOVED THAT AUTHORIZATION BE DENIED TO PROCEED WITH APPRAISALS FOR LAND.VALUES PRIOR TO NEGOTIATIONS ON 1265 N.WARNER RIGHT-OF-WAY. Councilman Burgess -Seconded the motion. VOTE:UNANIMOUS The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION ORDINANCE ACTION REQUEST FOR DIRECTION REQUIREMENTS FOR NEWSPAPER AND CLOTHING COLLECTION BINS, CARGO CONTAINERS,AND REQUIREMENTS -FOR CITY FUNDING,RESTRIC- TIONS ON DISTRIBUTION OF CITY FUNDS )City Clerk Kathleen Connelly stated the Council has discussed requirements on several occassions in the past.She REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 13 stated at the previous worksession the majority of the Council indicated they would be in favor of adopting certain kinds of restrictions and establishing parameters.:She stated i t had also been suggested that a percentage of what the agencies collected be returned to the City and earmarked for human service needs.Ms Connelly asked for Council direction with stipulations so that an ordinance can be drafted. City Clerk Kathleen Connelly stated Council discussed cargo containers at the last worksession.She stated the item goes back to'the City Council/Planning and Zoning Commission worksession last July.She stated because of the potential problem that people may use the containers for things other than storage,a suggested ordinance from the city of Cheney,Washington has been provided -for Council review.She stated Cheney basically restricts -cargo containers;for uses other than storage facilities,to construction -materials at an on -going construction site.She stated the Council may or may not wish to be that restrictive. City Clerk Kathleen Connelly stated the requirements for City funding proposed ordinance would establish very specific reqUirements that agencies requesting City funds must comply with.She stated some Of the things these agencies might have to comply with would be audit reports,a detailed accounting of any previous city funding they might have received,documented proof of their non-profit status -_frOM.the Internal. Revenue Service,names of their board members,and any other stipulations the Council might want to designate.The city Clerk stated .Vice-MayOr Bluntschly has suggested that funds be released on a quarterly basis based on a contractural ,obligation and the subsequent funding quarters only be released upon successful -completion of the previous quarter. City Clerk Kathleen.Connelly stated that on all three of the items she is requesting some kind -of -stipulations so that she knows what the Council wished to have contained in the Ordinance. PROFESSIONAL SERVICE CONTRACTS )City Manager Bill Da Vee stated staff has previously prepared information on professional service contracts that was other than selection on a project -by -project basis.He stated the criteria used by the Maricopa County procurement division,criteria used by federal agencies,and by some others.He stated that an outline of A negotiation process,a contract procedure process,and a contract fee limitations has been provided in the Council's information packet.He stated i f the Council would like additional time devoted to development of this concept for consideration by the council,direction is needed also with any amendments wanted additional to the draft proposed for Council review. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO DRAFT AN ORDINANCE FOR REGULATIONS REGARDING NEWSPAPER AND CLOTHING COLLECTION BINS WITH THE FOLLOWING ALTERNATIVES: REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 14 DELETING (E)AND CHANGING (H)TO READ:A VALID ORGANIZATION SHALL BE ABLE TO PLACE CONTAINERS ON THE PROPERTY NOT LIMITED TO ONE,WITH THE REQUIRED WRITTEN PERMISSION OF• the PROPERTY OWNER BEFORE PLACEMENT. AND I FURTHER MOVE THAT A FREEZE BE PLACED ON THE ISSUANCE OF BUSINESS LICENSES FOR PLACEMENT OF NEWSPAPER/CLOTHING BINS FOR A PERIOD OF UP TO 60 DAYS UPON THE EFFECTIVE DATE OF NEW CITY REGULATIONS;AND THAT CURRENT CITY REGULATIONS REGARDING UNTENDED COLLECTION BINS BE BROUGHT INTO COMPLIANCE. motion. Councilwoman Perkins seconded the Councilman Burgess stated he was not comfortable with a percentage of the money resulting from the collections coming to the City.He stated they are collecting newspaper and clothing to raise money so they can determine how to use the money,he stated he didn't feel they should have to pay -money to the City. •City Clerk Kathleen Connelly stated she could write i t as an either/or ordinance where they could also provide proof that some of the funds have been expended to benefit the citizens of Apache Junction. Councilman Connolly stated he did not like the.idea of these organizations having to obtainithe:written permission of the property owner. Vice Mayor Bluntschly stated he feels the written permission of the owner is necessary otherwise these bins willbeplacedanywhere-anyone wishes to -plaCe them.• City Clerk Kathleen Connelly stated this particular provision has always existed in the business license section of the Code.She -stated when a vendor or peddler sets up on vacant property,the City requires verification that the owner knows they are there and they have permission to be there. VOTE:UNANIMOUS The motion carried. Councilman Damiano MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH THE DEVELOPMENT OF AN ORDINANCE REGARDING REQUIREMENTS FOR THE USE OF CARGO CONTAINERS WITHIN THE CITY LIMITS WITH THE FOLLOWING STIPULATION: THAT NO CARGO CONTAINER BE PLACED IN PUBLIC VIEW,BUT IN THE REAR OF A COMMERCIAL AREA WHERE IT CANNOT BE SEEN. Councilwoman Gardner seconded the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 15 Councilman Burgess stated disallowing them in public view would eliminate any of them from ever being in the City because someone is always gOing to be able to see it. Councilwoman -Gardner asked i f there should be a statement that they cannot be placed in a residential area. Councilman Burgess asked i f these containers are allowed in commercial zoning districts. Director of Planning -Chuck Newcomer stated there is nothing that says it -can be done. Councilman Burgess stated he is against these containers;he stated i t there is a construction project going and i t is on -site for 60 or 90 days to store material or equipment while the project is on -going;but as a permanent thing anywhere,they don't belong here. Vice Mayor Bluntschly stated he likes the Cheney,Washington ordinance with the exception of the section that they would be only permitted to remain for five years;anything in existance cannot be removed by Council.He stated he would like to see this ordinance adopted by the Council with the noted exception. Councilman Damiano stated contractors do not.bring these containers in the City,they bring in a trailer with wheels that are removed.He stated the containers are a storage area for businesses who do not have enough room in their stores.He, stated he can not see that they are so objectionable, they are corrogated buildings.He stated this is chasing businesses away,i f they have no room where else are they going to put things in •storage.He stated they will be hidden from view and they don't look bad. Vice Mayor Bluntschly stated he does not believe the citizens of the community want these containers nor does he wish to seem them. VOTE:In favor:-Councilman Damiano-- Opposed:Counciman Connolly,Vice Mayor Bluntschly,Councilwoman Gardner,Councilman Burgess,Councilwoman Perkins The motion failed. Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH THE DEVELOPMENT OF AN ORDINANCE REGARDING REQUIREMENTS FOR THE USE OF CARGO CONTAINERS WITHIN THE CITY LIMITS WITH THE FOLLOWING STIPULATION:THAT THEY BE DENIED IN ANY AREA EXCEPT ON A TEMPORARY BASIS AT A CONSTRUCTION SITE. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 16 Councilman Connolly seconded the motion. VOTE:In favor Councilman Burgess,Councilwoman Perkins,Councilman Connolly, Vice Mayor Bluntschly,Councilwoman Gardner Opposed Councilman Damiano The motion carried. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH THE DEVELOPMENT OF AN ORDINANCE REGARDING-REQUIREMENTS FOR CITY -FUNDS AND RESTRICTIONS ON DISTRIBUTION OF CITY FUNDS,WITH -THE FOLLOWING CRITERIA: THAT THE FUNDS BE RELEASED ON A QUARTERLY BASIS AS SO STIPULATED PREVIOUSLY,AND THAT THE MOST RESCENT AUDIT REPORT OF THE AGENCY,CERTIFIED FINANCIAL STATEMENTS OF RECENT DATE,DETAILED EXPENDITURE STATEMENTS INCLUDING A DETAILED ACCOUNTING OF ALL PREVIOUSLY RECEIVED CITY FUNDS,CLIENT SERVICE INFORMATION AS IT APPLIES TO CITY RESIDENTS,CERTIFIED STATEMENTS OF CONTINUED NON-PROFIT STATUS,PROOF ON NON -PROOF STATUS IF A FIRST-TIME APPLICANT,NAMES OF CURRENF BOARD MEMBERS,AND FUNDING RECEIVED FROM OTHER GOVERNMENTAL AGENCIES BE SUBMITTED WITH ANY REQUEST FOR FUNDING BY THE CITY. VOTE:UNANIMOUS The motion carried. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGAER TO DEVELOP A CONTRACT NEGOTIATION PROCESS FOR PROFESSIONAL SERVICES WITH THE FOLLOWING ALTERNATIVES:THAT THE PROCESS BE LIMITED TO ENGINEERING AND ARCHITECTURAL SERVICES. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS The motion carried. ESTABLISHING MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Gardner MOVED THAT A WORK SESSION BE HELD WITH THE ECONOMIC OPPORTUNITIES ACTION TEAM ON JUNE 9, 1988,AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS;AND THAT AN ADDITIONAL BUDGET WORK SESSION BE HELD ON JUNE 6,1988,AT 6:00 p.m.IN CONJUCTION WITH AN EXECUTIVE SESSION HELD AT 6:00 P.M.OR THEREAFTER AS SOON AS POSSIBLE AND AN WORK SESSION AT 7:00 P.M.ON JUNE 6,1988,IN THE CITY COUNCIL CHAMBERS;AND REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 17 . THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON JUNE 7, 1988,IN THE CITY COUNCIL CHAMBERS. Councilwoman Perkins seconded the- motion. VOTE:UNANIMOUS The motion carried. INFORMATION AND REPORTS Councilwoman Perkins stated that the Beautification Committee needs money as usual.She complimented staff for their cooperation on the project.She stated the date for the contest sponsored by Valley National Bank is closing on May 31,1988.She stated regardless of the outcome of the contest the City will have won. Councilman Burgess stated that on Friday he will be meeting with the County Attorney and the Fire Department pertaining to fire protection. REQUESTS FROM COUNCIL Vice Mayor Bluntschly that as a result of implementation of a council policy regarding direction of staff,he would like his number 2 priority to be council action to initiate a task force to study realignment of permitted uses in all zoning classifications. Councilman Burgess stated he would like his number 2 priority,building department permit process,placed on a regular agenda'meeting. ADJOURNMENT MEETING BE ADJOURNED AT 9:19 P.M. motion. VOTE:UNANIMOUS The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE.18 Councilman Burgess MOVED THAT THE Councilwoman Perkins seconded the *Consent agenda items are as follow: *1 Acceptance of Regular Meeting Agenda *2 Acceptance of Minutes from the Regular Meeting of April 19,1988 *3 Award of Bid for Chip Seal Project,PW-88-08 *4 Award of Bid for Annual Audit,F-88-2 *5 Claim Against City (C.T.Parks) *6 Proposed Resolution No.88-13,Request for Local Transportation Assistance Funds ACCEPTED THIS 19TH DAY OF JULY ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JULY ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 17,1988 PAGE 19 NORMAN S.HILL Mayor ,1988.