Loading...
HomeMy WebLinkAbout1988-06-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING June 21,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 21,1988,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 7:05 p.m. INVOCATION - Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Vice Mayor Bluntschly Councilman Burgess Councilman Connolly Councilman Damiano Councilwoman Gardner Councilwoman Perkins City Manager Bill Da Vee City Clerk Kathleen Connelly Finance Controller Keith Lewis Diretor of Planning Chuck Newcomer Director of -Public Safety Bill McDaniel Director of Public Works Rich Broman City Attorney David Alexander Economic Development Specialist John Schoeph Director of Community Services Jeff Bell Director of Library Pam Loui Assistant to the City Manager George Hoffman Superintendent of Operations Doug Dobson Assistant Planner Julie Reid Deputy Planning Director Jim Nakagawa Others Present:Bob Lake,2066 W.Apache Trail,Suite 101 Ray Hooker,1507 S.Main Drive,Apache Junction REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 1 Patrick Harrington,Director of Manufactured Housing Council of Arizona,1801 Jentilly Lake, Tempe Keith Stachar,1153 N.Holmes,Apache Junction •Holly Nelson -Becker,East Valley Catholic Social Services,610 E.Southern,Mesa Salvadore Delgado,Apache Junction Jon Hinz,5550 E.Superstition Blvd.,Apache Junction Sharon Alger,2140 E.Greasewood,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND FURTHER, THAT RESOLUTION NO.88-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE CITY OF APACHE JUNCTION'S PARTICIPATION IN AND ENCOURAGEMENT OF THE DEVELOPMENT OF "AN AFFORDABLE HOUSING DEMONSTRATION PROJECT,"PROVIDING FOR EXPEDITIOUS REVIEW OF SUCH PROJECT: PROVIDING FOR MODIFICATION OF PROCEDURES AND CODE REQUIREMENTS WHERE PERMITTED BY LAW BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.88-16,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RECOGNIZING ARIZONA EMERGENCY MEDICAL SYSTEMS, INC.,AS THE LOCAL EMERGENCY MEDICAL SERVICE COORDINATING SYSTEM IN ACCORDANCE WITH ARIZONA REVISED STATUTES 36-2210;AND THAT THE CONCEPT OF PROVIDING SEWER -CROSSINGS NEAR THE HALF -MILE STREETS OF DELAWARE AND SAN MARCOS DRIVES ALONG-THE -SUPERSTITION FREEWAY ALIGNMENT, PREDICATED ON INFORMATION PRESENTED-BY DONOHUE/ROYDEN ENGINEERS -AT THE JUNE 6 TH WORKSESSION BE APPROVED;AND THAT JUDD WILLIAMS,PAUL MILLER,AND LLOYD LYNCH BE APPOINTED -TO-THE PARKS AND RECREATION COMMISSION,SAID TERMS TO EXPIRE JUNE 30,1991;AND FURTHER THAT.A.GRANT IN THE AMOUNT OF $4,000„BE AWARDED TO SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,INC.,WITH THE GRANT TO BE PAID FROM THE CONTINGENCY FUND. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS The motion carried. Introduction of Distinguished Visitors and Guests Vice Mayor Bluntschly acknowledged the presence of Sharon Alger of the Planning and Zoning Commission,a representative of the Manufactured Homes REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 2 industry,Jerry Michaels a candidate of the Arizona Senate,Mr.Bob Lake,Mr. and Mrs.John Allanson,Mr.Jon Hinz,and Cora Blatterspiel and welcomed the Pub lic. CALL TO THE PUBLIC Mr.Bob Lake,2066 W.Apache Trail,Ste.101,stated the City has reached the point where the sewerage needs of this community must be addressed and urged the Council direct staff to work on a resolution to the lack of adequate sewer systems in the City -. Mr.Ray Hooker,1507 S.Main Drive,Apache Junction,also addressed the need for sewer systems in Apache Junction.He stated the EPA and the upcoming State requirements -are creating a situation that will severely limit the development of land within the City and its zone of influence. CITY MANAGER'S REPORT City Manager Bill Da Vee informed the Council that since the last Council meeting the majority of his time has been spent working .on the budget.He reminded the 'Council that the proposed budget is in balance after making slightly over -$500,000 worth of reductions in expenditures:He stated i t will now be amended in accord with Council wishes so that i t may be presented for preliminary adoption. Mr.Da Vee informed the Council he attended the CAAG Regional Council meeting in Payson at which time the CAAG membership assessment was approved for next fiscal year.He stated the membership assessment will remain the same except for the POPTAC population estimates which are used to compute the assessment.He added the Regional Council also approved the .forMulation of an ad hoc committee for the purpose of writing a "white paper"addressing the proposed process for establishing area -wide goals from which the CAAG work program will be drawn.He stated the members of the ad hoc committee will be appointed by the Regional Council Chairman and the Management Committee Chairman and they will also be asked to report to the Regional Council at their meeting in September.- Mr.Da Vee stated he is currently working on the guidelines for the City's Council -Staff subcommittee,the intent of which is to produce a written description of what the City wishes to have studied and what is expected in the way of reports to the Council.The four areas the City Council has already approved are the Apache Junction Area Community Foundation/City relationship and contractural agreements,City/Chamber of Commerce contract,streamlining the permit process,and annexation of areas necessary to City growth. Mr.Da Vee informed the City Council he has spoken with Pat Murray of Troy Art Galleries regarding the centerpiece bronze monument of the lost dutchman. He stated he has been advised by Ms Murray that the heirs of the artist are REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 3 still interested in doing the monument,however,marketing the minatures of the Posthumous work will be difficult so the problem now is financing for the monument.He said -Ms Murray has indicated her interest in continuing the project with=a new artist and estimated i t will take about a month to get a wax impression for Council review and about another month for an additional bronze. Mr.Da Vee stated i f the Council is interested in addressing the -idea of financing a one and one-half times lifesize monument she will discuss the work with an artist.He asked that the Council advise him at their earliest opportunity of whether or not they would like a presentation. PUBLIC HEARINGS COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC NEEDS -HEARING )Assistant Planner -alie Reid explained that the purpose of the hearing is to obtain the public's views on community development and housing needs.She stated that because of federal requirements, -for the first time technical assistance will-be provided to groups representing:low-to.moderate income - people who wish to submit a proposed project.Ms -Reid stated the proposed project must consist of eligible activities and the City Council will retain the authority to determine which activity will be submitted for the funding competition.She reminded the City Council that because i t is a funding competition,the project Submitted must be eligible and must be a competitive project.She informed the Council the second public hearing will -be July 5,1988'to'discuss the community's needs and the proposed projects submitted by either city staff or by others;that on July 19, 1988,City Council resolutions should be adopted stating the community's needs and authorizing submittal of the application for funding tä adopt a displacement plan i f necessary,.and to commit leverage funds. •Councilwoman Gardner -asked Ms Reid how she planned to .obtain comments from the public. Ms Reid stated that generally the meeting would be opened to public,and comments from the public would be accepted at that time. City Manager Bill Da Vee stated the original Council funding strategy for application of Community Development Block Grants had a cap of $125,000.He stated there are a variety of eligible activities and i f there are interested parties or groups of individuals who would like to see the rating criteria,copies are available and the information will be shared with any groups or individuals who may be interested. Vice Mayor Bluntschly asked if there was anyone who wished to address the Council on this agenda item. There being no one wishing to address the Council,Vice Mayor Bluntschly closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 4 PROPOSED ORDINANCE NO.628,AMENDING THE CITY CODE,CHAPTER 3 ADMINISTRATION, SECTION 3-7 CONTRACT PROCEDURES,BY AMENDING SECTION 3-7-5 PROFESSIONAL SERVICES (IN GENERAL),AND BY ADDING SECTION 3-7-7 CONTRACT PROCEDURES FOR PROFESSIONAL ENGINEERING AND AND ARCHITECTURAL SERVICES )Director of Public Works Rich Broman stated this proposed ordinance is recommended to revise the Code for the selection of professional services.He stated the City's current process takes approximately 90 days for selection of a consultant and the proposed ordinance will expedite the process.He added the contract procedures have been discussed at previous Council worksessions and offered to answer any questions the Council might have. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to address the Council -on the proposed ordinance.= There being nO-one wishing to address the Council,Vice Mayor Bluntschly closed the hearing -to -the public. •Councilwoman Gardner MOVED THAT ORDINANCE NO.628,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Motion. VOTE:Unanimous - The motion carried.- follows: Councilman Connolly seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.628,AN ORDINANCE OF THE MAYOR AN CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 3,ADMINISTRATION,SECTION 3-7 CONTRACT PROCEDURE,BY AMENDING SECTION 3-7-5 PROFESSIONAL SERVICES (IN GENERAL),AND BY ADDING SECTION 3-7-7 CONTRACT PROCEDURES FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY Councilwoman Gardner MOVED THAT ORDINANCE NO.628,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: (1)IN PARAGRAPH 3-7-7 G,SUBPARAGRAPHS 1,2,AND 3;THAT SECTION 3-7-5 (E)BE CHANGED TO READ SECTION 3-7-7 (E) REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 5 (2)IN PARAGRAPH 3-7-7 (I),THE FOLLOWING SENTENCE SHALL BE ADDED:"FURTHER, ALL CONTRACTS NEGOTIATED PURSUANT TO SECTION 3-7-7 (H)SHALL BE SUBMITTED TO THE CITY COUNCIL FOR REVIEW PRIOR TO FINAL AWARD." that subpara'graph 3 should be 3-7-7 (F) motion. City Attorney David Alexander stated Councilman Burgess seconded the Councilwoman Gardner clarified that in paragraph 3-7-7(G),SUBPARAGRAPHS-1,2,AND 3;THAT SECTION 3-7-5 (E)BE CHANGED TO READ SECTION 3-7-7(F). VOTE:In Favor Councilman Damiano,Councilman Connolly, *Vice Mayor Bluntschly, Councilwoman Gardner,and Council Burgess Opposed Councilwoman Perkins The motion carried. PROPOSED ORDINANCE NO.629 AMENDING THE CITY CODE CHAPTER 6;ANIMALS,SECTION 6-3-6 BITING DOGS,PERTAINING TO THE REQUIRED TIME FOR QUARANTINE;WITH THE EMERGENCY CLAUSE (POSTPONED ITEM)- )City Manager Bill.Da Vee advised the Council that the proposed ordinance addresses the concern expressed pertaining to quarantine provisions for an animal which has bitten someone and is also licensed and vaccinated.He stated the change from the original proposal is that now such an animal could be confined at home,and subsequently,in order to obtain a formal release,the animal must be examined by a veterinarian.He stated the other portions of the ordinance are in accord with the Council's wishes. City Clerk Kathleen Connelly explained that the ordinance as amended would differentiate between a dog that is currently and legitimately licensed and vaccinated and bites someone as opposed to a dog that has no proof of rabies vaccination.She stated that in both cases i t would be a fourteen day quarantine period,but a properly licensed and vaccinated dog could be kept at home or the owner may opt to impound i t at animal control or at a veterinary clinic.She emphasized in the case of an unvaccinated dog there is no discretion permitted,that particular dog must be impounded at animal control. Vice Mayor Bluntschly asked i f there was any public who wished to address the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 6 There being no public wishing to address the item,Vice Mayor Bluntschly closed the meeting to the public. Councilman Burgess MOVED THAT ORDINANCE NO. -629,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE .AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS - The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO. ,629,.AN ORDINANCE OF THE MAYOR AND-CITY-tOUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING. THE APACHE JUNCTION CITY CODE CHAPTER 6,ANIMALS,SECTION 6-3-6,BITING DOGS, PERTAINING TO THE REQUIRED TIME FOR QUARANTINE;REPEALING -ANY -CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENAETIES;AND DECLARING AN EMERGENCY Councilman Burgess MOVED THAT ORDINANCE NO.629,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:UNANIMOUS The motion carried. PROPOSED ORDINANCE NO.633, PERTAINING TO AMENDMENTS TO THE APACHE JUNCTION ZONING ORDINANCE, ARTICLE 21,SIGN CODE Councilman Connolly seconded the )Deputy Planning Director Jim Nakagawa explained that Sandy Smith who is on the sign code task force from the Chamber of Commerce has requested that consideration of the ordinance be postponed until at least July 19.He stated Mrs.Smith has also worksessions be scheduled between now and then to discuss this item. Councilwoman Gardner MOVED THAT PROPOSED ORDINANCE NO.633,BE POSTPONED UNTIL JULY 19,1988. Councilwoman Perkins seconded the motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 7 VOTE:UNANIMOUS The motion carried. PZ-22-87,COUNCIL -INITIATED AMENDMENTS TO THE APACHE JUNCTION ZONING ORDINANCE, MINIMUM LOT SIZE.REQUIREMENTS FOR THE CR-1 AND CR-1(MH);CR-2 AND CR-2(MH) R1-8 AND R1-8(MH);CR-3 AND CR-3(MH); R-1 DUPLEX;AND TH RESIDENTIAL ZONING DISTRICTS -PUBLIC HEARING )Planning Director Chuck Newcomer informed the Council that the proposed zoning ordinance amendment would basically require a minimum lot size of 20,000 square feet for all non- subdivision or individual lot type of residential development.Mr.Newcomer advised the Council that some of the Planning and Zoning Commissioners were in the audience and were available to answer any questions the Council might have concerning the Planning and Zoning Commission decision.Mr.Newcomer stated staff recommendation was that i f i t is the desire to further consider the Commission's stand and recommendation on the issue,the issue be referred back to the Planning and Zoning Commission so that proposed regulations could be drafted and at least one public hearing with the Planning and Zoning Commission could be held. Mr.Patrick Harrington,Executive Director of the Manufactured Housing Council of Arizona,1801 Jentilly Lake, Tempe,stated his organization believes the recommendation-by the Planning and Zoning Commission arises out of a misunderstanding of the current state of the manufactured housing industry and what is being built.He asked that the Council ask the Planning and Zoning -Commission to concentOate -on -a particular width rather—than single -section or -multi -section,and that the width be 13i feet for the size of. the building.• Mr.Keith Stachar,1153 N.Holmes, stated lot size should be controlled through the General Plan. There being no one else who wished to address the Council on this item,Vice Mayor Bluntschly closed the meeting to the public. Councilman Connolly MOVED THAT PZ-22-87 BE POSTPONED UNTIL THE NEXT REGULAR SCHEDULED CITY COUNCIL MEETING. Councilwoman Perkins seconded the motion. Councilman Connolly stated he does not think the Council has adequately investigated the impact of the abandoning of private access easements. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 8 Councilman Burgess stated he feels the item should be left alone.He reminded the Council of the recently approved subdivision for mobile home lots of 8,000 square feet and 18 lots on four acres. MOTION. SECOND TO THE MOTION. Councilman Connolly WITHDREW THE Councilwoman Perkins WITHDREW THE Vice Mayor Bluntschly MOVED THAT PZ-22-87,PERTAINING TO MINIMUM LOT SIZES AND ALL THE RELATED INFORMATION THAT STAFF PROVIDED BE SENT BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER STUDY LOOKING SPECIFICALLY AT MINIMUM LOT WIDTH AND ALTERNATIVE SIZES TO MINIMUM LOT SIZES IN ADDITION TO THE CURRENT REGULATIONS. Councilman Damiano seconded the motion. Councilwoman Gardner asked for clarification of the ramifications of the alternative motion. Councilman Burgess stated he is not against doing something different but one of the biggest problems is the size and width of the lot created.He stated he does not feel everybody should be forced to live on 20,000 square feet;nor does he feel everybody should be forced to subdivide the 1*acre because they want to go smaller than 20,000. Councilman Burgess stated i f the item is sent back to the Planning and Zoning Commission,they would agree to look at i t in the way requested and give their input and response. VOTE:UNANIMOUS The motion carried. PROPOSED ORDINANCE NO.632 ESTABLISHING LOCATIONS FOR STOP SIGNS (WITH THE EMERGENCY CLAUSE) )Director of Public Works Rich Broman stated with the recent paving of Cortez Road between 16th Avenue and Broadway there is a need for additional stop signs.The proposed ordinance outlines recommended locations for Council consideration. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to address the item. There being no one wishing to address the Council,Vice Mayor Bluntschly closed the meeting to the public. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 9 Councilwoman Perkins* MOVED THAT ORDINANCE NO.632,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Connolly seconded the motion. VOTE:UNANIMOUS The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.632,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilwoman Perkins MOVED THAT ORDINANCE NO.632,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Connolly seconded the motion. VOTE:UNANIMOUS_ The motion carried. PROPOSED RESOLUTION NO.88-18 DECLARING LIBRARY POLICIES AS PUBLIC RECORD,AND PROPOSED ORDINANCE NO.634 ADOPTING LIBRARY POLICIES BY REFERENCE (WITH THE EMERGENCY CLAUSE) )Library Director Pamela Loui advised the Council that library policies have not been adopted by City Council although they have been adopted and approved by the Library Board of Trustees.She stated the proposed resolution and ordinance are presented to the Council in an effort to correct this oversight.She offered to answer any questions the Council might have in reference to the policies. Vice Mayor Bluntschly asked i f there Was anyone in the public who who wished to address the Council on the item. There being no one wishing to address the Council,Vice Mayor Bluntschly closed the meeting to the public. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 10 Councilwoman Gardner MOVED THAT RESOLUTION NO.88-18,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION LIBRARY POLICIES, BE APPROVED AND ADOPTED;AND FURTHER, THAT ORDINANCE NO.634,BE READ BY TITLE. ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. VOTE:UNANIMOUS The motion carried. follows: Councilwoman Perkins seconded the City Clerk Kathleen Connelly read as ORDINANCE NO.634,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, -ARIZONA,ADOPTING BY REFERENCE THE CITY OF APACHE JUNCTION LIBRARY POLICIES:REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABIITY;AND DECLARING AN EMERGENCY Councilwoman Gardner MOVED THAT ORDINANCE NO.634,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS The motion carried. PROPOSED RESOLUTION NO.88-19 DECLARING MODEL TAX CODE AMENDMENTS AS A PUBLIC RECORD;AND PROPOSED AND PROPOSED ORDINANCE 635,ADOPTING MODEL TAX CODE AMENDMENTS BY REFERENCE (WITH EMERGENCY CLAUSE) -)City Clerk Kathleen Connelly advised the Council that this is the first of a series of amendments to the Model City Tax Code.She stated the City adopted the Model Tax Code last September for the purpose of establishing uniform regulations throughout the State for those Cities who are on the State sales tax collection system.She stated the Sales Tax Review Committee at the end of last year met to review the tax code and in the process some errors and needed changes were identified because of amendments in the State law and some various other inconsistencies.She stated the method brought before the Council for adopting the amendments is similar to the method REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 11 of adopting the Library Policies;the resolution declares i t a public record and the ordinance adopts it.She stated by handling the matter in this way i t is not necessary to publish all of the pages of amendments,thereby saving considerable money. Vice Mayor Bluntschly asked i f there was anyone in the public wishing to address the item. There being no one wishing to address the item,Vice Mayor Bluntschly closed the meeting to the public. __Councilwoman Perkins MOVED THAT RESOLUTION NO.88-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA"AND ANY AMENDMENTS THERETO,BE APPROVED -AND -ADOPTED;AND FURTHER,THAT ORDINANCE NO.635,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.635,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THE CITY TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,AND ANY AMENDMENTS THERETO;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilwoman -Perkins MOVED THAT ORDINANCE NO.635,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Gardner seconded the motion. VOTE:UNANIMOUS The motion carried. OLD BUSINESS KITCHEN EXPANSION AND REMODEL AT THE COMMUNITY CENTER REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 12 )City Manager Bill Da Vee stated last year the Council approved the conceptual idea of the remodel of the kitchen to provide for commertial facilities to enable the serving of meals on -site.He stated currently meals are catered,if served on -site the per meal cost will be reduced and more senior can be served through the program.He stated that as the proposed -project was reviewed,some possible legal problems became apparent in that the original agreement outline indicated ownership may be vested in the entity making the grant.The Council asked that further information be obtained,and a representative is in attendance to bring Council up to date on what progress has been made on the questions.Mr.Da Vee stated that when the Council's questions are satisfied i t will be necessary to take an action to allow the project to be designed and constructed. Ms Holly Nelson -Becker,East Valley Catholic Social Services,610 E.Southern,Mesa,AZ recapped Mr.Da Vee's statements.She stated at the end of June approximately 19,000 meals had been served at the site itself;and another 7,000 meals were delivered out of the site to homes in the Apache Junction community.She informed the Council the Senior Center is currently serving at a cost of $2.39 per meal catered.She stated her organization anticipates the ability to serve niealS -at a cost of $1.50 which will be a savings of approximately $24,000 per year.Ms Nelson -Becker proposed a meeting between the Area Agency on Aging and the City staff to work out an accommodation or intergovernmental agreement to resolve the Council's concerns. per meal savings would be used. Councilwoman Gardner asked where the Ms Nelson -Becker stated some of the money would represent a savings to the State,some of the .money would go back into program costs,and some of i t would be used to serve .1meals to more seniors. Vice Mayor Bluntschly asked i f there was anyone in the public who wished to address the Council on this item. Mr.Salvador Delgado,Apache Junction off Apache_Trail,stated he -would like a place for people who cannot provide meals for themselves and who are not senior citizens. Vice Mayor Bluntschly stated there are various programs throughout the community to assist people in need,but this particular program is to assist only senior citizens. Councilman Damiano asked Ms Nelson -Becker what the age of a senior citizen is,and added there are many different ages for different things. Ms.Nelson -Becker stated the Title III definition of a senior citizen is anyone over the age of 60,and although the cost of the catered meal is $2.39 the seniors pay approximately $1.50. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 13 Councilwoman Perkins informed the Council that this program is designed for companionship;i f those people don't come to the senior eenter oftentimet -they don't see another person for weeks. City Attorney David Alexander stated the City owns the construction and architectural plans for the senior center and library and before anybody modifies those the City must give approval for the modification.He stated his understanding is that the modification calls for the expansion of the kitchen which means also considering •changing the location of the trash receptacles.He stated his hope that the ownership problems can be worked out.-- Vice Mayor Bluntschly called a five minute recess. Councilwoman Perkins MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION ON THE KITCHEN -EXPANSION AND REMODELING OF THE SENIOR/COMMUNITY CENTER: THAT THIS ITEM BE POSTPONED UNTIL JULY 5,1988,FOR THE PURPOSE OF OBTAINING AN INTERGOVERNMENTAL AGREEMENT. Councilwoman Gardner seconded the motion. Councilman Burgess stated this is something that has to be done through intergovernmental agreement and he would recommend the City Manager be given direction to work out the intergovernmental agreement. MOTION. SECOND TO THE MOTION. Councilwoman Perkins WITHDREW THE Councilwoman Gardner WITHDREW THE Councilman Burgess MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION ON THE KITCHEN EXPANSION REMODELING OF THE SENIOR/COMMUNITY CENTER: THAT THE CITY MANAGER DRAW UP THE INTERGOVERNMENTAL AGREEMENT THAT THE CITY WILL RETAIN OWNERSHIP OF THE KITCHEN EQUIPMENT. Councilwoman Gardner seconded the motion. VOTE:UNANIMOUS The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 14 NEW BUSINESS REQUEST TO WAIVE PROVISIONS OF ARCHITECT SELECTION PROCESS: AUTHORIZATIONFOR CONTRACT WITH ARCHITECT FOR HANDICAPPED CENTER )Assistant Planner Julie Reid briefed the Council on the request to waive the formal RFP process for the architect selection on the Center for the Handicapped.She stated the handicapped center will be located directly adjacent to the Chamber of Commerce,the interior design of the Chamber is nearly perfect for the center,and i t -itiuld lend consistency in design and materials since the structures will be in such close proximity.She emphasized that the alternative to employing the original architect would be -more costly,more time consuming,and would result in an additional architectural style on the complex. City Attorney advised the Council that State statutes permit direct selection of architects,_and the problem is that the City's currently existing professional services code. doesn't really address direct selection of architects.In the past the City has used competition,.the ordinance adopted earlier this evening states that will not necessarily be the methodology for the future.He stated the City is in the in- between time -before the effective date of the new ordinance.He recommended that i f direction is give to go with this request,the decision should be ratified in thirty days. -Mr.Jon Hinz,5550 E.Superstition Boulevard,Apache -Junction,voiced his concern about providing a building for the handicapped.He stated the reason the block grant was awarded and one of the highest priorities given to the award of the block grants is for buildings and services for individuals with developmental disabilities and severe handicaps.He stated the needs specified when the proposal was put together were very specific,the individuals who need that building have very specific needs,and the federal government awarded that money to meet those needs.He stated he is unaware of communication with city staff on addressing the needs of the people who made those first requests and whose comments were the direct influence in'obtaining the money. City Manager Bill Da Vee stated the City has gone through a whole series of wants and desires for this particular parcel of land and concluded after a lot of soul searching and work with the Foundation's people that the site would be too costly to develop.He stated there appears to be some concern that the City has not been securing grants but in fact,the City has secured one on the Library building,one for a rehabilitation of homes project which will start this summer and others.He stated the City has been very successful with Community Development Block Grant funding and beyond that,there is the danger in being too specific in designing a building.He added essentially this type of building is being provided to give services to the handicapped and those handicapped can span a wide range REGULAR MEETING OF THE CITY COUNCIL - JUNE 21,1988 PAGE 15 that the community wishes to be able to deal with.He emphasized the fact is i t is still a small grant and architectural fees are of paramount importance to the City because the City wants to put as much into the building as possible and the method formally approved by the Council is a good idea because i t is consistent with the other buildings and will not only be attractive from the outside but efficient on -the inside. There being no one else wishing to address the item,Vice Mayor Bluntsthly closed the meeting_to_the public. Councilwoman Gardner MOVED THAT AUTHORIZAITON BE GIVEN TO WAIVE THE FORMAL PROPOSAL PROCESS FOR THE ARCHITECT SELECTION FOR THE HANDICAPPED CENTER;AND FURTHER, THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO CONDUCT NEGOTIATIONS WITH STEVE McCLUNG FOR ARCHITECTURAL SERVICES IN AN AMOUNT NOT TO EXCEED $6560,AND THAT ANY ADDITIONAL COSTS BE BROUGHT BACK TO THE COUNCIL FOR -APPROVAL;AND THAT THE MATTER BE PLACED UPON THE AGENDA FOR THE AUGUST 2,-1988 FOR CONSIDERATION AND CHANGES THAT MIGHT BE NECESSARY motion. VOTE:UNANIMOUS The motion carried." Councilman Burgess seconded the CONSIDERATION AND ACTION ON CLEAN-UP BEAUTIFICATION PROGRAM - )Director of Public Works Richard Broman advised the Council that prompted by calls from some residents about litter around -the City,several calis•were placed to other agencies and a meeting was held to determine the magnitude of problems and suggested remedies. He stated the outcome of the meeting was an outline for a beautification program which could be presented at a public forum to solicit participation, through media,civic agencies,and other groups for the development of this type program.He stated at the present time there is no anticipated need for city funding,however,i t is possible that in the future there may be some need for some kind of funding;to what extent is unknown -. Councilwoman Perkins stated the Beautification Committee had a meeting and there was no foreseeable problem with public involvement;their concern is after the clean up is done. Mr.Broman stated some of the other agencies commented on that concern,and staff discussed it. Vice Mayor Bluntschly asked i f any one in the public wished to address the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 16 Councilman Connolly MOVED THAT THE CITY MANAGER BE AUTHORIZED TO COORDINATE AS MAY BE APPROPRIATE TO INITIATE AN AREA -WIDE CLEANUP -BEAUTIFICATION,MAINTENANCE,AND SURVEILLANCE PROGRAM. motion. VOTE:UNANIMOUS The motion carried. Councilwoman Perkins -seconded the CONSIDERATION AND ACTION TAKEN ON CITY POLICY ON ACQUISITION OF RIGHTS -OF -WAY )Director of Public Works stated that in the recent past the City has not found i t necessary to acquii-e significant amounts of right-of-way for various project,but with the emphasis of streets improvement and with the on -coming of the Superstition Freeway and other projects,there appears to be a need to acquire right -of -way -in the future. Councilman Burgess MOVED THAT THE PROPOSED POLICY ON RIGHTS -OF -WAY ACQUISITION,AS PRESENTED THIS DATE,BE APPROVED AND ADOPTED;AND FURTHER THAT THREE COPIES OF THIS POLICY REMAIN ON FILE IN THE CITY CLERK'S OFFICE. motion. VOTE:UNANIMOUS The motion carried. Councilwoman Perkins seconded the COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION TRASH CONTAINER REQUIREMENTS; CONTRACTING FOR CITY --WIDE TRASH SERVICE ) )City Clerk Kathleen Connelly advised the Council that this item has been discussed several times over a period of several years but Council has never given official direction to do or not do anything on establishing trash container requirements.She stated the discussion of approximately two months ago involved two considerations,one of which was to go out and establish the sizes and quantities of trash receptacles that would be required at various locations particularly multi -family dwellings, apartments,trailer/RV parks,and commercial development.She stated at the same time the City also discussed the possibility of contracting with one or more companies to provide city-wide trash clean-up.She asked the Council to direct staff on the way they wish to proceed. REGULAR MEETING OF THE CITY COUNCIL JUNE .21,1988 PAGE 17 REQUIREMENTSJOR TRASH CONTAINERS . AT CONSTRUCTION SITES )Councilman Damiano stated he has observed that when a house or building is"in the process of being built,the sub -contractors throw the materials litter everywhere.Councilman Damiano stated that any construction site should -have a required container on -site so the sub-contractors can throw their litter away and i t doesn't blow all over town. MAINTENANCE AND SIGNAGE FOR UNDEDICATED ROADWAYS _) )Vice Mayor Bluntschly stated he has received a number of complaints from citizens about maintaining undedicated roadways,and he is a little concerned about the legality .of -maintaining undedicated rights -of -way. Director of Public Works Rich Broman stated that federally patented easements are not included in the motion for this item.Mr.Broman stated the City is not knowingly maintaining undedicated rights-of-waS,but occassionally there i s a potential of going in an area that is undedicated.:Mr.Broman stated this is not a matter of shutting the roads down or ignoring them;they have been public access for a number of years,the City is maintaining them,and everyone has access to them;i t is -a rhatter of attempting to acquire the rights -of -way that are lacking in those areas. Councilwoman Gardner asked what process would be used to notify residents in areas where maintenance wouldn't be continued. Director of Public Works Rich Broman stated that in those instances where the City might have been maintaining a road that is undedicated .there is an optiOn of either requiring the -right-of-way to continue the maintenance or at some point the City will stop maintaining it.He stated the City wOuld have to notify them accordingly of that fact. Vice Mayor Bluntschly stated his belief that there might be legal considerations when the City is spending City funds for projects that are not City business. City Clerk Kathleen Connelly pointed out that the City Attorney has stated in the past that i f the City is not authorized to be on the property i t is trespassing. Vice Mayor Bluntschly asked i f there was any public input on these items. Mr.Ray Hooker,1507 S.Main Drive, Apache Junction,asked for clarification concerning what the City is stating. He said there are a number of streets where the City has dedicated rights -of -way for specific lots along the street and then there are gaps where there is no dedication.He wanted to know what would happen in those cases. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 18 Mr.Broman stated the existing policy is that -there must be two or more contiguous lots beyond the corner lot before the City will go in and maintain or open up the roadway.I f i t is a federally patented easement that's adequate for a roadway -maintainance and utility purposes;i f i t is not dedicated and i t is not a federally patented easement then those persons are trespassing on private property and without the City having the right-of-way to get to them,they are essentially landlocked. Ms Sharon Alger,2140 East Greasewood,Apache Junction,stated she regularly works with these types of problems and'a.lot of people do not realize that their streets aren't dedicated, they expect the City to maintain them.She urged the Council 'to -inform the people that the City is trying to do -something to gain theSe -rigfits-of-way,and stated her belief that some of these people would come forward and dedicate them.She -stated before the City discontinues maintaining these places, something should be done about acquiring them. ,•-r Councilman Connolly asked about the extent to which the -City could be involved in legal problems for -trespassing. _. -City Attorney David Alexander stated his Concern is that i f someone were -injUted at the location and then the question is Who gets sued and accused of maintaining it.Mr.Alexander stated his opinion that the City is in a worse situation i f i t is actively doing something on the property without the right to be there than i f the City says maintenance will be discontinued because of possible liability. Director of Public Safety Bill McDaniel advised the City Council that the police department also has a problem with issuing citations on undedicated roadways.- Councilman Damiano -MOVED: A.THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO RESEARCH TRASH CONTAINER SIZE REQUIREMENTS FOR MULTI -FAMILY HOUSING,TRAILER/RV PARKS,AND COMMERCIAL DEVELOPMENT FOR FUTURE ADOPTION BY THE CITY COUNCIL;AND THAT DIRECTION BE GIVEN THE CITY MANAGER AND CITY ATTORNEY TO RESEARCH THE POSSIBILITY OF CITY-WIDE TRASH SERVICE ON A CONTRACT BASIS AND BRING THIS INFORMATION BACK TO THE COUNCIL FOR FURTHER DISCUSSION. B.THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND CITY CLERK TO AMEND SECTION 9-2-11,AND 9-2-12 OF THE CITY CODE TO REQUIRE TRASH CONTAINERS AT ALL CONSTRUCTION SITES AND REQUIRE THE BUILDING OFFICIAL TO ISSUE STOP WORK ORDERS FOR VIOLATION OF 9-2-11 AND 9-2-12. C.THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND DIRECTOR OF PULBIC WORKS TO RESEARCH AND IDENTIFY ROADWAYS UNACCEPTED OR UNDEDICATED WITHIN THE CITY LIMITS,EXCLUDING FEDERALLY PATENTED EASEMENTS;TO STOP ANY FURTHER MAINTENANCE OR INSTALLATION OF SIGNS ON SUCH ROADWAYS;AND TO RETURN THIS REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 19 INFORMATION TO THE COUNCIL FOR FURTHER DISCUSSION AND ADOPTION OF AN OFFICIAL'POLICY -. Councilwoman Gardner seconded the motion. VOTE:UNANIMOUS The motion carried. ESTABLISHING MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: Councilman Connolly MOVED: A.THAT A BUDGET WORK SESSION BE HELD ON -JUNE.29,1988,AT 7:00 P.M.,IN THE CITY COUNCIL CHAMBERS. B.THAT A SPECIAL WORK SESSION SIGN CODE AMENDMENTS BE HELD ON. JULY 21,1988, AT 7:00 P.M.IN THE CITY COUNCIL_CHAMBERS. C.THAT AN EXECUTIVE SESSION AND WORK SESSION BE HELD ON JULY 5,1988,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilwoman Perkins seconded the motion. VOTE:UNANIMOUS The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) None. ADJOURNMENT There being no further business Vice Mayor Bluntschly adjourned the meeting at 9:55 p.m. *Consent agenda items are as follows: *1.Acceptance of regular meeting agenda *2.Proposed Resolution No.88-08,development of an affordable housing demonstration project REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 20 1 *3.Proposed Resolution No.88-16,recognizing Arizona Emergency Medical System, Inc.,as the local emergency service coordinating system *4.Consideration and action on Superstition Freeway sewer crossings. *5.Consideration Of appointments to Parks and Recreation Commission. *5B Authorization for Additional grant funds for Superstition Mountain Mental Health ACCEPTED THIS 19TH DAY OF JULY COUNCIL OF THE CITY OF APACHE JUNCTION. ,..1988,BY THE -MAYOR AND CITY SGINED AND ATTESTED TO THIS 21ST DAY OF JULY ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 21,1988 PAGE 21 ORMAN S.HILL Mayor ,1988.