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HomeMy WebLinkAbout1988-07-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING July 5,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 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 Councilwoman Gardner gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Mayor Norman Hill Vice -Mayor Kenneth Bluntschly Councilman Jerry Burgess Councilman Thomas Damiano Councilwoman Mari Gardner Councilwoman Jean Perkins City Manager Bill Da Vee City Clerk Kathleen Connelly Director 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 Assistant to the City Manager George Hoffman Assistant Planner Julie Reid Assistant Planner Bob Dunn Deputy Planning Director Jim Nakagawa Mr.Harbert Jordan 1426 N.Wickiup Apache Junction,Arizona Ms Joyce Sprague 3704 W.Plata Avenue Mesa,AZ REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 1 • Mr.Richard Bushon 1335 S.Cortez Apache Junction,Arizona Ms Sherry Ulmer 879 N.Arizona Blvd. Coolidge,AZ ACCEPTANCE OF CONSENT AGENDA )Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEMS 1,2,AND 3 BE ACCEPTED AS PRESENTED AND THAT THE ECONOMIC OPPORTUNITIES ACTION TEAM:PROFESSIONAL SERVICES CATEGORY -FINANCE BE FILLED BY FRAN HIGGINS;AND THE UTILITY SERVICE CATEGORY -GAS BE FILLED BY PAUL DRAKE. Vice Mayor Bluntschly seconded the motion. VOTE:UNANIMOUS The motion carried. INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS Mayor Hill thanked everyone in the public for their attendance at the meeting. AWARDS,PRESENTATIONS,AND COMMUNICATIONS None. CITY MANAGER'S REPORT City Manager Bill Da Vee stated that the worksession prior to the meeting already covered a number of the items (addressed during his report).He stated at the last budget worksession,the Council was presented with three alternative proposals which would result in a balanced budget.He informed the Council their remarks and suggestions were noted at that session and the City is ready to finalize the proposal for consideration of adoption a preliminary budget as required by law.He said the City has received notice from the State through the League office that a slight increase in State -collected taxes of about $29,000 will be available from new legislative tax packages recently passed into law.He stated i t will be added to the numbers being considered to the preliminary budget. Mr.Da Vee stated that following the recent study of the City complex and the space needs,some of the preliminary options were discussed with the REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 2 architect to provide the working area needed in the immediate future for the complex.Mr.Da Vee stated there appear to be three options that have the potential to relieve the worst of space problems.He stated with the Mayor's and Acting Mayor's concurrence a basic outline has been prepared for the use of Council/Staff sub -committees in bringing the matter together for presentation to the full Council.He stated his belief that headway can be made in examining some of that preliminary information and formulating something the full Council can look at and give guidance on.He stated at this point the City not only needs to solve the most immediate problems with space,but also needs to set some sort of course for cost-effective long-range resolution to the problem. City Manager Da Vee stated the Arizona City Management Association's summer program will be in Pinetop-Lakeside on July 28 through July 29.He stated some of the discussion topics will be,"Ethical Decision Making",and "Effective Media Management". CALL TO THE PUBLIC Mr.Harbert Jordan,1426 N.Wickiup, Apache Junction stated he is currently serving as Chairman of Economic Opportunities Action Team.He stated at their June 26 meeting the EOAT delegated the task of appearing before the Council to request the City Council to renew its efforts to develop a plan to establish a sewer system for Apache Junction.He stated the lack of a sewer system seriously hampers the development of the community and the EOAT urges the City Council to present a plan to the public as soon as practical and the EOAT offers its assistance in informing the public. Councilwoman Perkins asked about the EOAT's thoughts on also buying the water systems. Mr.Jordan stated the EOAT,as a group,has not voted on the water issue.He added that Apache Junction is the largest city in Arizona without a sewer system at this time. Councilwoman Perkins requested the support of the EOAT in pursuing municipal water. PUBLIC HEARINGS APPLICATION OF PERSON TRANSFER OF SERIES 6 LIQUOR LICENSE;APPLICANT JOYCE LEE SPRAGUE FOR LONGHORN SALOON ) )Joyce Sprague,2704 W.Plata Ave., Mesa,made herself available to answer questions pertaining to her application. Mayor Hill asked i f there was anyone who wished to address the Council on this item. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 3 There being no one wishing to address the item,Mayor Hill closed the hearing to the public. Councilwoman Perkins MOVED THAT THE APPLICATION FOR A PERSON TRANSFER OF A SERIES 6 LIQUOR LICENSE SUBMITTED BY JOYCE LEE SPRAGUE FOR THE LONGHORN SALOON BE APPROVED. Vice Mayor Bluntschly seconded the motion. VOTE:UNANIMOUS The motion carried. COMMUNITY DEVELOPMENT AND HOUSING NEEDS 1988 COMMUNITY BLOCK GRANT PROGRAM (SECOND PUBLIC HEARING) )Assistant Planner Julie Reid gave the history and general background of the CDBG program.She stated the purpose of this hearing is to obtain the views of the citizens of Apache Junction on community development.She stated a list of eligible grant activities has been provided for review and asked that the Council keep in mind that some of these projects may not be possible for a number of reasons.She stated staff has proposed a continuation of the City's housing rehabilitation program for the community.The City can augment these funds with other federal funds the City has recently qualified for and which do require an active housing program.She requested direction from the Council to prepare a particular activity for the application and Ms.Reid made herself available to answer questions. Mayor Hill asked i f there was anyone in the public who wished to address the item. There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilman Burgess MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO PREPARE AND SUMIT AN APPLICATION FOR THE 1988 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE ACTIVITY OF HOUSING REHABILITATION CONTINUATION OF THE PROGRAM ALREADY UNDERWAY. Councilwoman Gardner seconded the motion. Councilman Damiano asked which category this program would fall under. Assistant Planner Julie Reid stated this proposed program would give the City 100 percent low/moderate benefit. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 4 City Manager Bill Da Vee stated the answer to Councilman Damiano's question is that the project can address several of the criteria and basically the City's last year's project did that to some extent. VOTE:UNANIMOUS The motion carried. PROPOSED ORDINANCE NO.636,PZ-17-88, APPLICATION BY RICHARD BUSHON TO REZONE 0.77 ACRES AT SOUTHEST CORNER OF CORTEZ ROAD AND 13th AVENUE FROM GR (GENERAL RURAL)TO CR.-1 (SINGLE FAMILY RESIDENCE ZONE) )Assistant Planner Bob Dunn stated Mr.Bushon has requested rezoning of his property on the southeast corner of Cortez and 13th Avenue from GR,general rural to CR-1,single family residence. Mr.Dunn stated the CR-1 zoning is appropriate in this case since i t is consistent with the general plan designation for the area,the applicant does not wish to place a mobile home on the property,and the usable area of the land is limited due to the physical characteristics of the land due to the slopes and the wash.He stated that staff had recommended final approval of the request not be granted until corrective action is taken on the pending litter case,but Mr.Bushon has cleaned up the property and the building department has closed the case.Mr.Dunn advised the Council that three protest petitions have been filed by surrounding properties and i t would therefore be necessary for a three- quarters approval vote by City Council.He stated staff recommends that i f the request is approved,the applicant dedicate roadways to the east,north,and west as well cutt-offs on the northeast and northwest corners of the property. He stated the Planning and Zoning Commission,after public hearing,voted to approve the CR-1 zoning district with the stipulation of roadway dedication. Councilman Burgess asked why the protests were considered valid as they are beyond 150 feet from the property. Mr.Dunn replied that anyone can file a petition,but only those within 150 feet are included to require a three- quarter vote. Councilman Burgess pointed out that two of the petitions are not within the 150 foot requirement. Councilwoman Gardner asked i f 13th Avenue would be cut through,i f that lot were split. Director of Public Works Rich Broman stated that current policy is that i f two or more lots develop away from the corner,than the potential for opening up the street would be there,but at this time there would not be a requirement to open the street. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 5 Mayor Hill asked i f the applicant or spokesman is present to speak. Mr.Richard Bushon,applicant,1335 S.Cortez,Apache Junction,made himself available for any questions from the Council. Councilman Damiano asked i f Mr.Bushon promises to keep the property cleaned up. Mr.Bushon replied that i t would stay clean. Councilwoman Perkins commented that this neighborhood is all one acre homes,and would not like to see this change. Mr.Bushon stated that they wished to build a higher tax base and help beautify the City. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to this case.There being no one wishing •to address the Council,Mayor Hill closed the hearing to the public. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.636 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.636,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-17-88 FROM GR GENERAL RURAL TO CR-1 SINGLE FAMILY RESIDENCE ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.636,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 6 Councilman Burgess seconded the • VOTE:In Favor:Councilman Damiano,Councilman Burgess,Vice Mayor Bluntschly Mayor Hill Opposed:Councilwoman Gardner,Councilwoman Perkins The motion failed due to the three-quarter vote requirement for approval. PROPOSED ORDINANCE NO.637,AMENDING CITY CODE CHAPTER 13 PUBLIC WORKS, SECTION 13-2-3,PERTAINING TO REQUIRED OFFSITE IMPROVEMENTS FOR INDIVIDUAL SINGLE FAMILY CONSTRUCTION ) )City Attorney David Alexander explained that this ordinance had not been reviewed by the Planning Department or the Department of Public Works when i t was prepared,and that things were pointed out since than that need to be addressed by the Council.He suggested postponing until August to allow for further discussion prior to action being taken.He further explained that this ordinance eliminates the requirement for offsite improvements for single family homes,and certain dedication of rights- of -way. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.637 BE POSTPONED UNTIL THE REGULAR CITY COUNCIL MEETING OF AUGUST 2,1988. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.638,AMENDING CITY CODE,CHAPTER 9 HEALTH AND SANITATION,SECTIONS 9-2-11 AND 9-2-12, PERTAINING TO LITTER RECEPTACLES AT CONSTRUCTION SITES (With Emergency Clause)) )City Clerk Kathleen Connelly stated that the present ordinance only requires trash containers at single family construction sites,and that i t appears that commercial construction sites have been exempted,and that this proposed ordinance amends two sections of the City Code,9-2-11,requiring trash containers at all building sites,and that the building official shall have the ability to either stop construction or require a trash receptacle should there not be any,and 9-2-12,which is basically the same,and that the ordinance is written with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 7 • City Manager Bill R.Da Vee stated that this amendment emphasizes that all construction would be affected,and not just some. 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 Damiano MOVED THAT ORDINANCE NO.638,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Perkins seconded the motion. Councilman Damiano commented that the enforcement of this ordinance will eliminate a lot of trash that is blown around the city. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.638,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 9 HEALTH AND SANITATION,SECTION 9-2-11 CONSTRUCTION SITES AND SECTION 9-2-12 INSPECTION APPROVAL;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT ORDINANCE NO.638,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. motion. VOTE:Unanimous The motion carried. OLD BUSINESS CONSIDERATION AND ACTION ON KITCHEN EXPANSION/REMODEL AT COMMUNITY -SENIOR CENTER (POSTPONED ITEM) REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 8 Vice Mayor Bluntschly seconded the • )City Manager Bill R.Da Vee stated that at Council direction,the City Attorney and he had met with the Catholic Social Services and the Pinal-Gila Council for Senior Citizens to discuss the project they proposed to expand the kitchen facilities at the Community Center, and that they were advised that the purpose is to make possible service of more meals per day at a lower unit cost,but that the scope of project has raised several concerns.Mr.Da Vee outlined the concerns as follows:who would be the owner of the new equipment after installation,who would pay for the building expansion,and finally,whether there would be grant restrictions placed on the city by CDBG construction grant received to build the Center,and further stated that the Area Agency for the Aging provides the grant and owns the equipment,but is willing,should the city wish to utilize the building for other purposes,to allow purchase less depreciated cost.Mr.Da Vee stated that Catholic Social Services expects to be responsible solely for the cost of the building expansion,that approval will be necessary from the Department of Commerce for the expansion,and felt that Council concerns may be mitigated should they desire to grant permission for the project. Ms Holly Nelson -Becker,representing the East Valley Catholic Social Services,610 E.Southern,Mesa,stated that they did meet with the City Manager,City Attorney and Pinal-Gila Council for Senior Citizens,and that most of the concerns were hopefully worked out,that the Catholic Social Services would be responsible for the funding and the raising of funds,with $4,000 presently raised,and are confident that the cost savings versus catering meals will make this project worthwhile,and asked i f there were any questions from the Council. Councilwoman Perkins voiced concern regarding the design of the building expansion. Ms Holly Nelson -Becker explained that the delivery area will be eliminated but not the trash receptacle area,and that the suggestion from the architects is to expand the delivery area by closing in the half wall that presently exists. Councilman Burgess asked i f the rest of the money isn't raised will the project be done. Ms Nelson -Becker replied that they have committed to the project and that $20,000 has been received from the Area Agency,for the equipment,but that money is being raised for the expansion itself. Councilwoman Gardner asked i f the problems had been worked out. City Attorney David Alexander stated that the proposal was that the senior citizens own the equipment,giving the city the option to buy,and the Council should decide whether or not they want that option and based on drawings provided,i f the expansion is acceptable with REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 9 • the Catholic Social Services paying for it,and that lastly authorization has to be obtained for the project,and i f the Council is happy with this authorization to the City Manager and himself is necessary to proceed with negotiations. Councilwoman Gardner MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION ON THE KITCHEN EXPANSION AND REMODELING OF THE SENIOR/COMMUNITY CENTER:TO CONTINUE NEGOTIATIONS AND PUT EVERYTHING DOWN IN BLACK AND WHITE. Councilwoman Perkins seconded the motion. Councilwoman Gardner stated that there is no problem with the option to buy the equipment at a pro -rated amount in the future,should the Senior Center no longer exist. City Manager Bill R.Da Vee commented that the City only may decide the use of the building,and i t is not an option of the Area Agency to terminate the use,and should the City decide to not serve meals,the decision to buy the equipment would be made at that time. Vice Mayor Bluntschly stated that this proposal could benefit many more citizens of the community,but he cannot accept the Catholic Social Services retaining ownership of the equipment,and i f they can raise the money for the expansion they should be able to pay for the cost of equipment,but once installed i t should belong to the City. Assistant Planner Julie Reid explained that should the City choose not to buy the equipment,and allow the grant to be renewed,i f we were than audited,the building should be put back into a similar condition as i t was originally. Councilman Burgess stated that i f the organization is willing to put $16,000 or $18,000 into the building,they should have some guarantee on how long they may use it,and i f a guarantee is given for one or two years,the equipment should belong to the city. Councilwoman Perkins stated that i t is not Catholic Social Services that wants ownership of the equipment,but the County. Councilwoman Gardner commented that this is only giving direction,and will have to come back to the Council for a hearing. Councilman Burgess asked that the City Manager bring back options including that the City retain ownership of the equipment. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 10 City Attorney Alexander replied that i f the Council tells staff that that's how i t is going to be,than the Agency will be informed. Councilwoman Gardner and Councilwoman Perkins withdrew the motion and second. Vice Mayor Bluntschly MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION ON THE KITCHEN EXPANSION AND REMODELING OF THE SENIOR/COMMUNITY CENTER:THAT THE OWNERSHIP OF THE EQUIPMENT BE IN THE NAME OF THE CITY,AND IN SAKE OF THE SENIOR/COMMUNITY CENTER NOT BEING HERE,THE BUILDING BE PUT BACK INTO IT'S ORIGINAL,OR NEAR IT'S ORIGINAL STATE, AND IF THE CITY OWNING THE EQUIPMENT IS NOT BROUGHT BACK,THE SUBJECT NOT BE BROUGHT BACK FOR FURTHER COUNCIL CONSIDERATION. Mayor Hill seconded the motion. City Attorney David Alexander suggested that the City Manager should report back to the Council,even i f the Catholic Social Services does not wish to comply with the request,for the sake of negotiating the lease. Vice Mayor Bluntschly asked i f the information could not be given in the City Manager's Report,and i f the ownership can be guaranteed,i t may come back to the Council for action. Councilwoman Gardner asked that the representative from Catholic Social Services address the Council with answers rather than having to come back later. Ms Nelson -Becker stated that the Area Agency for the Aging is going to say that i t is not possible for the City to have ownership of the equipment,because the money given for the project is State funding with the condition that the equipment remain the property of the Agency. VOTE:In Favor:Vice Mayor Bluntschly Opposed:Councilwoman Gardner,Councilman Burgess,Councilwoman Perkins, Councilman Damiano,Mayor Hill The motion failed. Councilman Burgess MOVED THAT THE CITY MANAGER BE GIVEN THE FOLLOWING DIRECTION ON THE KITCHEN EXPANSION AND REMODELING OF THE SENIOR/COMMUNITY CENTER:THAT HE WILL LOOK INTO ALL OPTIONS AND PRESENT THEM TO THE COUNCIL AT THE NEXT REGULAR MEETING OF AUGUST 2,1988. motion. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 11 Councilwoman Perkins seconded the Councilman Burgess stated that the program is good and should continue,but i f both parties are going to be stuborn,the senior citizens are the ones that will suffer,and the Agency is the one who will cut the program back. City Attorney David Alexander explained that the puchase option is for a pro -rated amount,but the Agency has to retain ownership because of the funding. Mayor Hill stated that should the building not be used for the Community/Senior Center,the city probably won't want the equipment anyway. VOTE:Unanimous The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting. NEW BUSINESS PROPOSED RESOLUTION NO.88-20,AUTHORIZING INTERGOVERNMENTAL AGREEMENT WITH OFFICE OF MANUFACTURED HOUSING,DEPARTMENT OF BUILDING AND FIRE SAFETY FOR ENFORCEMENT OF INSTALLATION STANDARDS OF MOBILE/ MANUFACTURED HOMES;AUTHORIZING COLLECTION OF FEES )City Manager Bill R.Da Vee explained that the city has been requested by the Office of Manufactured Housing to adopt an intergovernmental agreement which is almost identical to the previous agreement,so imposes no changes,but that the city should consider increasing permit fees as the State allows a fee of $90.00,and stated that the city is currently charging a fee of $50.00. Councilwoman Gardner MOVED THAT RESOLUTION NO.88-20,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA AND THE OFFICE OF MANUFACTURED HOUSING,AND AUTHORIZING THE COLLECTION OF FEES,BE APPROVED AND ADOPTED. motion. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 12 Councilwoman Perkins seconded the VOTE:In Favor:Councilman Damiano,Councilwoman Gardner,Councilwoman Perkins Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Burgess The motion carried. CONSIDERATION AND ACTION ON INTER- GOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR HEALTH SERVICES )City Attorney David Alexander stated that the Pinal County will be requested to provide the City with an Intergovernmental Agreement with the addition of subparagraph 1 and 2 of the letter to Mr.Charles Teergarden of Pinal County Health Department,from the City Clerk. Councilwoman Perkins MOVED THAT DIRECTION BE GIVEN THE CITY ATTORNEY AND CITY MANAGER TO FINALIZE AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY HEALTH DEPARTMENT FOR HEALTH -RELATED SERVICES. Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. CONSIDERATION AND ACTION ON LEASE AGREEMENT FOR HEAD START PROGRAM FACILITY ) )City Attorney Alexander explained that the City of Apache Junction has,over a period of months,generated a sort of a commitment to provide certain services to our citizens and the meaning of our abilities under Section 9-2-41 and 9-2-46 of the Arizona Revised Statutes is being stretched to mean that the city could provide services such as Head Start, but that the City should not be in the business of leasing City property to anybody.This agreement was made from information given by various sources,and he offered to answer questions about anything the Council may not understand and to explain some of the problems that exist.Mr.Alexander stated that Paragraph 2 is the term requested by the agency;the maintenance fee and improvements were provided by the Public Works Department and the agency;Paragraph 5 on Page 2 began with the agency contributing $5,000 and ended up at $24,900 or an option of $10,000,with the city agreeing to perform improvements.There is not lease language,as he hoped the Council would not think this is a lease.There is no comment as neither party has suggested including hold harmless agreements,or insurance,Termination,should be on the parts of both parties within "X"amount REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 13 of days.Mr.Alexander suggested that Terms,the City's amount,need to be established,Paragraph 5 should be changed to committ the City to installing a septice tank,and i f the Council wishes,Paragraph 9 Page 3 should be changed, as well as insurance being defined. Ms Sherry Ulmer,879 N.Arizona Blvd.,Coolidge,representing Head Start,stated that they are prepared to pay the $24,900,that the Regional Office is aware of the problem,and that services have not been available to the children of Apache Junction for a whole year so they would like to be operational by September 1st,but would like a term of longer than a year. City Attorney David Alexander asked i f Head Start has any type of insurance. Ms Ulmer stated that a $1,000,000 insurance policy covers any lease by Head Start. Councilman Burgess asked what the minimum lease time would be acceptable by Head Start. Ms Ulmer stated that Head Start would like to stay in Apache Junction because of the need. Councilman Burgess explained that the City may wish to build a building in that location in the future,so a maximum of seven years would be acceptable,and that a two year lease with a years notice would be best. Mayor Hill stated that the City is glad to have Head Start on the complex,but that i f the building had to be moved,i t could possibly be moved to a different location on City property. Ms Ulmer asked i f this would be in the lease. Councilman Burgess stated that the City cannot guarantee that. Councilman Damiano asked i f i t is the Handicapped Center that is going in by the Chamber of Commerce building. Councilwoman Gardner confirmed this. Councilman Damiano suggested a three year lease. Ms Ulmer stated that a three year lease would make the Federal Government a lot happier,after putting that money into the project. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 14 City Attorney David Alexander read a suggested motion:that the agreement be approved with the following amendments: Page 1 Paragraph 1,670'be changed to 740';Page 2 Paragraph 2,that the term of the agreement would be for an initial period of three years commencing September 1,1988 and ending August 31,1991,and that the agreement may be extended at the option of the City for additional periods of time;Paragraph 5, $10,000 be stricken and $24,900 be inserted;Paragraph 5 (B),that the City shall provide the agency with an onsite septic service rather than what is in the paragraph presently;that there be a termination provision in Paragraph 9, the agreement may be terminated by either party prior to the expiration date in Paragraph 2 with 90 days written notice;Page 5 Paragraph 18,$10,000 be stricken and that consideration $24,900 be inserted in that provision;and that a Paragraph 21 be added that Head Start provide to the City of Apache Junction proof of insurance for liability coverage in the amount not less than $1,000,000,and that Head Start Program hold the City of Apache Junction harmless from all liability for accidents occuring on the subject site. Ms Ulmer asked what Paragraph 14 (B) on Page 4 means. City Attorney David Alexander explained that this means that Head Start and the City are not going to use Federal or State funds to attempt to get people to go out and pass ordinances. Ms Ulmer stated that Head Start is in constant contact with Congressmen and Senators,lobbying for child care programs as advocates of not only children,but low-income people. Mr.Alexander stated that the City is not going to do that,but possibly Paragraph 14 could be stricken. Ms Ulmer suggested revising the paragraph. Director of Public Works Rich Broman stated that the $24,900 is a preliminary number,and could be more,and suggested that there be a provision that i f the cost are less funds be reimbursed,and i f i t is more than there be an adjustment made,but that the actual cost will not be available for some months. Councilman Burgess MOVED THAT THE AGREEMENT FOR THE HEAD START PROGRAM FACILITY BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THOSE AS STATED BY THE CITY ATTORNEY,AND MR.BROMAN. Councilman Damiano seconded the motion. Councilwoman Gardner stated that the three year term is going to be a problem for the next Council. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 15 • Councilman Burgess stated that i t doesn't matter how many years i t is,i t will still require a decision of the future Council. VOTE:In Favor:Councilwoman Gardner,Councilman Burgess,Councilman Damiano, Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Perkins The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION: A.ACCRUED COSTS AND EXPENSES RELATED TO PUBLIC WORKS -ANIMAL CONTROL FACILITY B.DESIGNATION OF CITY PHYSICIAN C.AMENDMENTS TO CITY CODE CHAPTER 6 ANIMALS D.LICENSE REQUIREMENTS AND FEES FOR SWAP MEET VENDORS Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND APPROPRIATE STAFF TO PREPARE A COMPLETE COST ANALYSIS OF THE PUBLIC WORKS/ANIMAL CONTROL FACILITY TO INCLUDE ALL COSTS EITHER DIRECTLY OR INDIRECTLY RELATED TO THE CONSTRUCTION OF THE FACILITY; I MOVE THAT DIRECTION BE GIVEN TO THE CITY ATTORNEY TO RESEARCH THE SERVICES REQUESTED AND REQUIRED TO BE PROVIDED BY THE CITY PHYSICIAN;AND TO CONTACT QUALIFIED MEDICAL PROFESSIONALS LOCATED WITHIN THE CITY LIMITS FOR INTEREST AND COSTS IN PROVIDING THESE SERVICES; I MOVE THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND CITY CLERK TO FURTHER RESEARCH THE PRESENT CITY ANIMAL CONTROL REGULATIONS AND POLICIES FOR POSSIBLE AMENDMENT BY THE COUNCIL; I MOVE THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND CITY CLERK TO REVIEW CURRENT LICENSE REQUIREMENTS AND FEES FOR SWAP MEET VENDORS AND PRESENT AMENDMENTS AT THE JULY 19TH MEETING. Councilwoman Perkins seconded the motion. Councilman Damiano asked why "A" requires a vote,as anyone can request cost analysis from Mr.Lewis at any time, and asked i f the City Physician has to practice within the City limits. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 16 City Clerk Kathleen Connelly stated that old Council minutes gave the reason for appointing that particular individual was that he was the only practicing physician within the City. Councilman Damiano asked i f the present City Physician has served good. Ms Connelly replied that the fees have not been checked as to whether or not they are reasonable. tendered his resignation. Councilman Burgess stated that he Councilman Damiano asked i f he quit. Ms Connelly replied that Dr.Seeman resigned from the Industrial Development Authority,not as City Physician. Councilman Damiano stated that there is nothing on the books that requires the City Physician to practice in Apache Junction. Ms Connelly pointed out again that this was the reason given for Dr.Seeman's appointment. Councilman Burgess stated that this direction to staff doesn't mean there will be a change in City Physician. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATION AND PURPOSES: A.REQUIRED PUBLIC HEARING FOR TENTATIVE BUDGET ADOPTION B.WORK SESSION,EXECUTIVE SESSION,JULY 18,1988 WORK SESSION,EXECUTIVE SESSION,JULY 19,1988 City Clerk Kathleen Connelly stated that at the last budget work session the possibility was discussed of using July 7th as a date for tentative adoption,but Mr.Da Vee,Mr.Lewis,and Mr.Alexander will not be present on that date.The next available date would be July 14th or 18th,and that the adoption has to be done in a Special Meeting. Councilman Burgess MOVED THAT THE REQUIRED PUBLIC HEARING FOR TENTATIVE BUDGET ADOPTION FOR FISCAL YEAR 1988-89 BE HELD ON JULY 18,1988,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 17 I MOVE THAT A WORK SESSION BE HELD AT 7:00 P.M.,ON JULY 18,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON JULY 19,1988,IN THE CITY COUNCIL CHAMBERS. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner,Councilman Burgess, Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Perkins INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilwoman Perkins reported that the Senior Center served ice cream at the July Fourth celebration and raised funds,and complimented the Parks and Recreation Commission on the outcome of the celebration. City Manager Bill R.Da Vee also complimented the parks and streets staff. ADJOURNMENT )There being no further business to discuss,Mayor Hill adjourned the meeting at 9:18 p.m. *Consent Agenda Items are as follows: *I.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes of June 7,1988 Regular Meeting *3.Appointment to Economic Opportunities Action Team ACCEPTED THIS 6TH DAY OF SEPTEMBER ,1988,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 11TEL DAY OF SEPTEMBER NORMAN S.HILL Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 18 ,1988. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 5,1988 PAGE 19 •