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HomeMy WebLinkAbout1988-07-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 19,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 19,1988,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: Councilman Burgess Councilwoman Perkins Councilman Connolly Councilman Damiano Councilwoman Gardner Vice Mayor Bluntschly Mayor Hill City Manager Bill R.Da Vee City Clerk Kathleen Connelly City Attorney David Alexander Controller Keith Lewis Assistant to the City Manager George Hoffman Director of Planning Chuck Newcomer Director of Public Safety Bill McDaniel Director of Public Works Rich Broman Director of Community Services Jeff Bell Director of Library Pam Loui Economic Development Specialist John Schoeph Mr.Mike Sleeseman 1863 S.Buena Vista Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 1 Ms Betty Finnell 473 N.Palo Verde Apache Junction,Arizona Ms Lillian Walters Woeltze 5155 E.Farmsdale Mesa,AZ Ms Carolyn Laycox 6759 E.Aspen Mesa,AZ Ms Gert Schuster P.O.Box 1017 K.Falls,Oregon Ms Sandy Smith 3575 N.Prospector Apache Junction,Arizona Mr.Ron Cooley Lincoln,Nebraska Mr.Albert Kissen 108 N.Wheatfield Mesa,AZ Mr.Roger Miller 2730 W.Foothills Apache Junction,Arizona Mr.Kevin Taylor 7002 1st Avenue Scottsdale,AZ 85281 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Bluntschly MOVED THAT CONSENT AGENDA ITEM NOS.1 THROUGH 7,BE ACCEPTED AS PRESENTED. I FURTHER MOVE THAT RESOLUTION NO.88-21,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 1988 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CERTIFYING THAT SAID APPLICATION MEET THE LOW AND MODERATE BENEFIT REQUIREMENTS OF THE STATE CDBG PROGRAM BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.88-22,IDENTIFYING FY 1988 COMMUNITY DEVELOPMENT AND HOUSING NEEDS AND ACTIVITIES TO BE UNDERTAKEN TO MEET SUCH NEEDS BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.88-23,ADOPTING A PLAN TO MINIMIZE DISPLACEMENT AND ASSIST PERSONS ACTUALLY DISPLACED AS A RESULT OF ACTIVITIES FUNDED IN WHOLE OR IN PART REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 2 WITH FY 1988 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BE APPROVED AND ADOPTED; AND THAT JAMES LOVETT AND KATHY LITTLE BE APPOINTED TO THE LIBRARY BOARD OF TRUSTEES, SAID TERMS TO EXPIRE JUNE 30,1991; AND THAT MICHELLE SCHAEFFER AND DAWN NEIMER BE APPOINTED TO THE BOARD OF ADJUSTMENT,SAID TERMS TO EXPIRE JUNE 30,1991;AND THAT SHARYN ALGER AND ELISE KELLY BE APPOINTED TO THE PLANNING AND ZONING COMMISSION, SAID TERMS TO EXPIRE JUNE 30,1991. Councilman Burgess seconded the motion. VOTE:In Favor:Councilman Burgess,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Connolly,Councilwoman Gardner, Councilwoman Perkins,Councilman Damiano The motion failed. Councilwoman Gardner MOVED THAT CONSENT AGENDA ITEM NOS.1 THROUGH 7 BE ACCEPTED AS PRESENTED. I FURTHER MOVE THAT THE FIRST THREE PARAGRAPHS OF THE PREVIOUS MOTIONS REMAIN THE SAME,AND THAT KATHY LITTLE AND JAMES LOVETT BE APPOINTED TO THE LIBRARY BOARD OF TRUSTEES, SAID TERMS TO EXPIRE JUNE 30,1991; AND THAT ELVA DAVIES,AND SHARYN ALGER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION,SAID TERMS TO EXPIRE JUNE 30,1991;AND THAT ELISE KELLY AND MICHAEL SCHAEFFER BE APPOINTED TO THE BOARD OF ADJUSTMENT,SAID TERMS TO EXPIRE JUNE 30,1991. Councilwoman Perkins seconded the motion. VOTE:In Favor:Councilman Connolly,Councilwoman Gardner, Councilwoman Perkins Opposed:Councilman Burgess,Councilman Damiano,Vice Mayor Bluntschly Mayor Hill The motion failed. Councilman Damiano MOVED THAT THE FIRST FOUR PARAGRAPHS OF THE MOTION REMAIN THE SAME,AND THAT REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 3 KATHY LITTLE AND JAMES LOVETT BE APPOINTED TO THE LIBRARY BOARD OF TRUSTEES, SAID TERMS TO EXPIRE JUNE 30,1991,AND THAT ELISE KELLEY AND MICHAEL SCHAEFFER BE APPOINTED TO THE BOARD OF ADJUSTMENT,SAID TERMS TO EXPIRE JUNE 30,1991,AND THAT SHARYN ALGER AND ROBERT BROWN BE APPOINTED TO THE PLANNING AND ZONING COMMISSION,SAID TERMS TO EXPIRE JUNE 30,1991. Councilman Burgess seconded the motion. VOTE:In Favor:Councilwoman Gardner,Councilman Burgess,Councilman Damiano, Councilman Connolly,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Perkins The motion carried. Introductions of Distinguished Visitors and Guests None. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Keith Hilgendorf,1075 W.Smoketree,Apache Junction,representing the Chamber of Commerce Board,read to the Council a letter from the Board communicating the concern of economic development of the City,and urging the implimentation for a sewage plan,and stated that the organization is available for assistance to the City. CITY MANAGER'S REPORT City Manager Bill R.Da Vee stated that previously reported was the CAAG decision to charge a subcommittee with the responsibility of preparing a process to find regional goals to be addressed to CAAG,and that the meeting to develop this procedure will be held on July 21st at Gold Canyon Ranch,and that he had been asked to serve on that subcommittee as Apache Junction's representative. City Manager Da Vee stated that the State Legislature has appropriated funds for the Department of Environmental Quality to pay the expense of moving the waste materials at the Apache Mine,and that the ability to succeed in this area was made possible through the efforts of many people including the City Council. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 4 Mr.Da Vee informed the Council that he met with the Troy Art Galleries concerning their proposal to construct a 1 and i times life-size bronze monument of Jacob Waltz,that a new artist has been selected,that a portion of a clay minature is complete,and that they would like to present the proposal to the Council in September. PUBLIC HEARINGS PROPOSED ORDINANCE NO.633, PZ-43-86,SIGN CODE AMENDMENTS )Associate Planner/Deputy Director Jim Nakagawa explained that the scheduled work session on the Sign Code amendments is on Thursday,July 21,1988,so requested this item be postponed until August 2,1988,and further that Sandy Smith,representing the Chamber of Commerce on this project,will be leaving town to return in September. Ms Sandy Smith stated that the Council may not be able to accomplish sufficient discussion in one work session. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.633,PZ-43-86,SIGN CODE AMENDMENTS,BE POSTPONED TO THE REGULAR MEETING OF SEPTEMBER 20,1988. Council Connolly seconded the motion. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-24,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1988 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION )Assistant Planner Julie Reid stated that this resolution is the last of the four resolutions necessary to submit application for State grant funds,with leverage funds set in the budget of $42,000 showing obligation to the project,and that frequently much of this takes the form of dedicating staff hours already budgeted. Councilman Connolly asked i f the City is having to pay for extra staff hours. Ms Reid explained that this is existing staff hours,already budgeted,but are committing 80 hours a year to this grant,and that in this year's budget there is a housing specialist for six months and in addition to this grant,the City is now eligible for a 312 program for low and moderate income people. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 5 Councilwoman Gardner MOVED THAT RESOLUTION NO.88-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,COMMITTING LOCAL FUNDS AS LEVERAGE FOR THE 1988 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,BE APPROVED AND ADOPTED. I FURTHER MOVE THAT $42,000 BE COMMITTED BY THE CITY OF APACHE JUNCTION AS LEVERAGED FUNDS FOR THE PURPOSE OF THIS RESOLUTION. Councilwoman Perkins seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.641,AMENDING CITY CODE CHAPTER 8,PERTAINING TO LICENSING REQUIREMENTS FOR SWAP MEET VENDORS (With •the Emergency Clause) )City Clerk Kathleen Connelly stated that in December 1986,regulations were established regarding swap meet vendors, including a $5.00 application fee in addition to the existing 50t per day space fee,and that information has been compiled showing that the system at Park N' Swap in effect is not efficient,with the intent of enforcing sales tax payment. Ms Connelly further stated that the proposed ordinance would establish the same fees for vendors in Park N'Swap as other business licenses,which would eliminate discrimination,establishing uniformity throughout the City. Mr.Mike Sleeseman,1863 S.Buena Vista,Apache Junction,General Manager of Apache Park N'Swap,stated that he represented the business not individual vendors,and stated that this ordinance would essentially shut down Park N'Swap.Mr.Sleeseman stated that the ordinance passed two years ago caused 20% of the vendors to go to the swap meet at 73rd Street in Mesa and others where there are no restrictions or regulations,and that this ordinance would cause no less than one-half of the vendors to leave to even newer swap meets where there are no requirements or regulations,which will greatly affect the revenue to the State and the City with the attempt to increase revenue,which was thousands in taxes to the City in 1987 with an additional $75,000 spent in the community on gas,food,etc.,in addition to job opportunities provided.Mr.Sleeseman added that vendors paid $33,000 to the City on space fees,with an increase of revenue this year,and that this new ordinance would eliminate those revenues to the City,which comes out to $400 to $600 per year that some vendors are paying to City,and added that many of these vendors can and may sell at home instead and the City will not be able to collect any revenue.Mr.Sleeseman suggested Park N'Swap collect forms over the weekend to turn in to City Hall,and also that the individual vendors not paying sales tax be penalized instead of all vendors being victimized and punished,and that this ordinance was discovered quite by accident and i t was obvious i t was hoped to passed this ordinance without REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 6 knowledge on the part of Park N'Swap or the vendors.Mr.Sleeseman asked that this ordinance be postponed until further discussion by all those involved. Ms Betty Finnell,473 N.Palo Verde, Apache Junction,protested block grants,or "give-aways",when those spending money in Apache Junction are not getting anything back,and stated that those vendors in business for only six months should not be required to pay a full year business license fee,and further that i t was not very nice for the Council to try to slip this ordinance in over the vendor's heads. Ms Lillian Walters Woeltze,5155 3. Farmsdale,Mesa,addressed the Council protesting the increase in fees as she is a senior citizen and cannot afford to pay that fee. Councilman Burgess asked i f these vendors realize that this ordinance eliminates the space fee,so i t would save them money in the long run,and that maybe these people are getting wrong information. City Clerk Kathleen Connelly explained that this ordinance allows for uniformity for all businesses in the City,which includes Park N'Swap vendors,eliminates the 50t per day space fee, establishes a $45 business license fee per year,and that the businesses that are at the swap meet at 73rd St.in Mesa must be licensed by the City of Mesa, and that the swap meet in Phoenix has a yearly fee of $50 per year,with an additional $15 application fee for the first year.Ms Connelly stated that the original ordinance allowed 16 days to sell used merchandise prior to requiring a license,and some of the item listed as used items were cheese,good stuff, horses,veal,dry beans,cosmetics,along with many forms blank or unreadable, and that this is making things difficult for the legitimate vendors which is unfortunate. Ms Carolyn Laycox,6759 E.Aspen, Mesa,stated that this is an "off season"and should not be used as an example of how the swap meet vendors are,and requested that this ordinance be tabled until the main group of vendors can be here,as the majority of them are legitimate and pay their taxes,but that there is an exception to every rule, and further that the 16 day requirement is too long. Ms Connelly stated that this proposed ordinance reduces the 16 days to two days. Mr.Sleeseman commented that the vendors did not really object to the 504 space fee,but that this new ordinance would put the vendors out of business. Ms Gert Schuster,P.O.Box 1017 K. Falls,Oregon,stated that they do not sell all year around,that they would not object to the license fee if the space fee is eliminated,but i t is unreasonable to expect a receipt for every sale with some as small as 10t,and that this REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 7 country is supposed to be free.Ms Schuster added that the majority of the vendors are honest,trustworthy people. Ms Betty Finnell proposed that those only selling six months a year pay a $25 license fee per year. Ms Sandy Smith,3575 N.Prospector, Apache Junction,stated that she served on the Committee that went over the swap meet regulations previously adopted,and that the problem than was the $45 fee even though the 50t per day comes to more than the business license fee of $45. Ms Smith stated that dropping this 50t fee and having the license fee would put on business owners on an equal basis and would be fair,and offered the assistance of the Chamber of Commerce in this matter. Ms Connelly read the following statistics:from January 1987 to June 1988,3220 forms were filled out as new sales,but there was not any tax or license fees paid,for those 3220 spaces the fee earned by Park N'Swap was $20,930 with the City being paid $1610;out of the 620 vendors that applied for the $5 license,100 cancelled,118 have not paid the renewal fee and are delinquent,79 of those filed no taxes,245 are not active,189 that were selling paid a total of $6066.75 in sales tax. Councilman Damiano asked where these license applications are filled out. Ms Connelly replied that these forms are filled out at Park N'Swap when the spaces are leased. Councilman Damiano asked i f a City employee is present when these applications are filled out. Ms Connelly answered that no there is not an employee present,and that the vendors fill them to be later turned in to the City. Councilman Damiano stated that someone put "thermal underwear"under the Name portion,selling used lumber,and put "confusion"in the State portion,with "none to speak of"under Driver's License Number,and further stated that this is the type of people the City is dealing with,and that there should be a way of screening these people. Ms Connelly replied that Park N' Swap is supposed to screen when the spaces are rented,and the new ordinance proposes that the application be filled out at City Hall prior to selling at the swap meet. Councilman Damiano also read that one person put his name as "Mickey Mouse". Mr.Sleeseman stated that there appears to be a confusion between the vendors that are there all the time,and REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 8 those that are not regulars,and that those temporary vendors will not be there at all with a $45 fee,but that there are 225 regular vendors that are going to suffer for the others. Councilman Burgess stated that probably only 40% of the 225 are paying any kind of sales tax. Mr.Sleeseman stated that only the City and State know whether the vendors are paying sales tax,and Park N'Swap could work with the City to deal with this problem,and that those "garage sale" vendors will -not pay a $45 fee. Ms Connelly explained that the intent of this ordinance is to regulate those vendors that should pay sales tax, and that out of 61 vendors,one rented 20 spaces and paid less than $35 in sales tax,and that another individual rented 120 spaces and paid less than $100 in sales tax,and many more. Mr.Sleeseman stated that the license fee is not the answer to the problem,that Park N'Swap and the City should work together to legislate these people. Ms Smith agreed that sales tax should be collected,and that those not paying have an unfair advantage over the competition,and that a solution needs to be found to collecting that tax. Business License Clerk Elaine James explained that sales tax is figured by the fiscal year. Mr.Ron Cooley,Lincoln,Nebraska, stated that he was considering selling at Park N'Swap,and that i t did appear that the City was trying to slide this ordinance through without public input, and suggested that both sides discuss this matter to find a solution that will not make the vendors paying taxes suffer. Mr.Sleeseman stated that he has no control over whether or not his vendors pay sales taxes,and can only control the rent fees. Mr.Albert Kissen,108 N.Wheatfield Road,Mesa,stated that the majority of vendors are senior citizens attempting to supplement their income. Mr.Roger Miller,2730 W.Foothills, Apache Junction,stated that he pays taxes every month,but that the problem at the swap meet is that there isn't a way to make people pay sales tax on merchandise,so has to pay taxes out of the profit margin,and that i t should be understood by the customer that they have to be taxes. closed the hearing to the public. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 9 Mayor Hill called for a motion,and Councilman Connolly MOVED THAT ORDINANCE NO.641 BE POSTPONED,TABLED,UNTIL THERE CAN BE FURTHER DISCUSSION BETWEEN EVERYONE INVOLVED,AND THAT A COMMITTEE BE FORMED WITH THE BUSINESS LICENSE CLERK,CITY CLERK,GENERAL MANAGER OF PARK N'SWAP,A COUPLE OF VENDORS, TO INCLUDE MS LILLIAN WALTERS WOELTZE,5155 E.PINEDALE,MESA,85206,832-7371, COUNCILWOMAN GARDNER,TO IRON OUT THE DIFFICULTIES,AND TO BROUGHT BACK ON AUGUST 2,1988. Councilwoman Perkins seconded the motion. Councilman Connolly stated that the vendors should not object to this ordinance,as they will be saving money,and waiting until October will not help anyone. Councilman Burgess stated that there should not have to be a receipt for a 10t item,so that requirement should not be in the ordinance,and asked Mr.Sleeseman why can't Park N'Swap lower their fees. VOTE:Unanimous The motion carried. Mayor Hill recessed the meeting. Mayor Hill reconvened the meeting. PROPOSED ORDINANCE NO.639,PZ-18-88, APPLICATION BY DEVINVEST/ MOBAR INVESTMENTS,INC.) )Associate Planner Bob Dunn stated that the applicants have signed a quit claim deed,so this rezoning can proceed tonight,and the applicants are Devinvest/MoBar Investments,represented by Kevin Taylor,requesting the 2.3 acres located at the southeast corner of Starr Road and U.S.Highway 60,be rezoned from General Rural to Heavy Commercial District,which has a General Plan designation of Commercial.Mr.Dunn stated that the surrounding land uses are highway,church,and a mobile home to the west,and that some type of commercial use appears appropriate,and based on the small acreage and other characteristics,a zoning of C-3 light commercial is most appropriate,and further,as the applicants have no definite plan for development,recommended stipulating a site plan subject to approval by the Planning and Zoning Commission and City Council prior to any commercial development.Mr.Dunn stated that the applicants express no objections to this stipulation,but the applicants did object to the dedication of east 33 feet of the alignment as they wish to proceed with abandonment procedures,but did sign quit claims.Mr.Dunn informed the Council that the Planning and Zoning REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 10 I R Commission recommends approval of a C-3 district with site approval and roadway dedication,as i t complies with the General Plan. Mayor Hill asked i f there was anyone who wished to speak in favor of or in opposition to the application.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Mr.Kevin Taylor,7002 1st Avenue, Scottsdale,AZ,85281,addressed the Council requesting approval,and made himself available to answer questions of the Council. Councilman Damiano asked i f the applicant is aware of the recommendation to rezoning to C-3 rather than C-4. Mr.Taylor confirmed that the applicants are aware of this. Councilman Burgess MOVED THAT ORDINANCE NO.639 BE READ BY TITLE ONLY,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.639,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-18-88 FROM GR GENERAL RURAL TO C-3 GENERAL COMMERCIAL DISTRICT; REPEALING ANY CONFLICTING;AND PROVIDING FOR SEVERABILITY. Councilwoman Gardner asked why the abandonment is not done prior to the rezoning. Mr.Taylor stated that the adjoining property owners have agreed to the abandonment,so i t was agreed to allow for the rezoning application first. Councilman Burgess stated that both should be able to be done at the same time with one fee. Director of Planning Chuck Newcomer replied that the applicants were informed that they could do both at the same time. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 11 l a Mr.Taylor stated that he was unaware of both dedications,and the question of abandonment did not come about until this fact became apparent,but that they preferred to do both at once. Councilman Burgess commented that the length of time to get an abandonment is ridiculous. Councilman Damiano reminded the Council that the decision tonight is only for rezoning,not an abandonment,and the Planning and Zoning Commission had no right to recommend on the abandonment. Councilwoman Gardner suggested postponing this and doing both at once,and i f not leaving the alignment as part of the property. Councilman Burgess MOVED THAT ORDINANCE NO.639,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Connolly seconded the motion. VOTE:In Favor:Councilman Connolly,Councilwoman Perkins,Councilman Burgess Councilman Damiano,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Gardner The motion carried. PROPOSED ORDINANCE NO.640,ESTABLISHING SPEED LIMIT ON CORTEZ ROAD BETWEEN U.S. HIGHWAY 60 AND BROADWAY AVENUE (With the Emergency Clause)) )Director of Public Works Rich Broman explained that there is a need to establish a speed limit on Cortez Road between U.S.Highway 60 and Broadway Avenue,and that the average percentile speed is 45 mph,and due to surrounding residential parcels,the Department of Public Safety and Public Works recommend a speed limit of 35 mph. Mayor Hill asked if there was anyone who wished to speak in favor of or in opposition to the item.There being no one wishing to address the Council,Mayor Hill closed the hearing to the public. Councilwoman Gardner MOVED THAT ORDINANCE NO.640 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. motion. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 12 Councilman Burgess seconded the l a VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.640,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ESTABLISHING THE SPEED LIMIT ON CORTEZ ROAD BETWEEN U.S.HIGHWAY 60 AND BROADWAY AVENUE; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilwoman Gardner MOVED THAT ORDINANCE NO.640,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Bluntschly seconded the motion. Councilwoman Perkins stated that as this is a residential area,the speed limit should be 25 mph. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner,Councilman Connolly, Councilman Burgess,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Perkins The motion carried. OLD BUSINESS None. NEW BUSINESS U.S.HIGHWAY 60 MEDIAN LANDSCAPING - MERIDIAN TO IRONWOOD--AUTHORIZATION TO REQUEST ARIZONA DEPARTMENT OF TRANSPORTATION TO EXPEDITE PROJECT ) )Director of Public Works Rich Broman explained that on August 11th,the Arizona Department of Transportation approved a $40,000 landscaping project of 75/25%share with the City for median landscaping from Meridian to Ironwood on U.S.60,and that the Chamber of Commerce expressed no objection to the design,but that the intergovernmental agreement may be delayed and follow the construction of the project,and requested authorization to expedite the project. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 13 l a Councilwoman Perkins MOVED THAT THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,AUTHORIZE THE CITY MANAGER TO PROCEED WITH WORK AS NECESSARY IN ORDER TO SLLOW THE ARIZONA DEPARTMENT OF TRANSPORTATION TO EXPEDITE THE PROJECT FOR THE INSTALLATION OF U.S.60 MEDIAN LANDSCAPING FROM MERIDIAN TO IRONWOOD DRIVE;SUCH AUTHORIZATION IS CONDITIONED UPON ASSURANCES FROM THE DEPARTMENT OF TRANSPORTATION'S ROADSIDE DEVELOPMENT SERVICES MANAGER THAT AN INTERGOVERNMENTAL AGREEMENT WILL BE FORTHCOMING AND WILL PROVIDE FOR: 1.MATCH OF 75%STATE ($29,250)AND 25%CITY ($9,750)AT AN ESTIMATED TOTAL COST OF $39,000. 2.DESIGN,ENGINEERING AND CONSTRUCTION MANAGEMENT TO BE PROVIDED BY ARIZONA DEPARTMENT OF TRANSPORTATION. 3.MONTHLY UTILITY CHARGES AND MAINTENANCE OF LANDSCAPING TO BE INCURRED BY CITY AFTER COMPLETION AND ACCEPTANCE OF THE PROJECT. 4.UP -FRONT UTILITY CHARGES TO BE INCURRED BY THE CITY AND APPLIED TOWARD THE CITY'S MATCH. motion. culvert at Ocotillo is already in place. existing. VOTE:Unanimous The motion carried. Councilwoman Gardner seconded the Councilman Damiano asked i f the box Mr.Broman stated that i t is III AUTHORIZATION TO CONTACT PROPERTY OWNERS FOR RIGHT-OF-WAY ACQUISITION ON BROADWAY FROM MERIDIAN TO IDAHO ) )Mr.Broman that Broadway Avenue from Meridian to Idaho is presently being designed and to commence with construction, appraisals are necessary for right-of-way needs and 20'cutoffs,ranging from 9 to 52 parcels,and in order to conserve dollars,acquisition of a 40'right-of- way would be the minimal amount necessary with a potential for a 50'right-of- way acquisition,which could be done in the future. Councilwoman Gardner asked how this would affect the apartments at Broadway and Palo Verde,in Lot 29. Mr.Broman replied that the consultant is working on that,but didn't know for sure,and that in some cases REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 14 M I i t may be necessary to do more than just acquire the property for right-of-way, but until the surveys are complete we won't know. Mr.Broman added that the engineer is aware that those concerns will need to be considered in the design,and that if building or lot acquisition is necessary,the matter will be brought back to the Council Councilwoman Gardner MOVED THAT THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DIRECT THE DEPARTMENT OF PUBLIC WORKS THROUGH THE CITY MANAGER TO CONTACT THE PROPERTY OWNERS FOR A NO -COST FORTY -FOOT (40')HALF RIGHT OF WAY,AND OTHER DEDICATIONS AS MAY BE NECESSARY,TO IMPROVE BROADWAY AVENUE FROM MERIDIAN DRIVE TO IDAHO ROAD. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. CONSIDERATION AND ACTION ON CITIZEN PARTICIPATION IN IMPROVEMENTS COSTS FOR PROJECT NO.PW-88-04,ROYAL PALM ROAD STREET IMPROVEMENTS ) )Councilwoman Perkins requested that two citizens be reimbursed for costs incurred in the extension of the improvements to Royal Palm Road. Councilwoman Perkins MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER TO REIMBURSE COSTS FOR CITIZEN PARTICIPATION IN THE EXTENSION OF PROJECT NO.PW-88-04,ROYAL PALM ROAD STREET IMPROVEMENTS. Councilwoman Gardner seconded the motion. Councilman Damiano stated that these persons volunteered their services and half the cost,and they were informed that the City could not do the additional improvements this year,so they should not be reimbursed. Councilman Connolly stated that the improvements would have stopped in the middle of the block,and the Council is responsible for the situation so the individuals should be reimbursed. Councilman Damiano stated that the Council made the improvement decision previously,and should not have made that decision i f i t was to be retracted by this action,and that the individuals are not complaining. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 15 Mayor Hill commented that the Council and staff did not consider the previous action close enough,and that they should be reimbursed,as the City would have to pay for the improvements eventually. Councilwoman Gardner suggested amending the motion to reimburse the people at such time when the City would have done the improvements on a scheduled project. should be able to come up with $1300. amendment,and asked i f this needs to be that i f the funds were received from the Councilwoman Gardner withdrew the motion Councilman Burgess stated that City Councilwoman Gardner rescinded the added to the budget. City Manager Bill R.Da Vee replied individuals i t can be given back. Councilwoman Perkins and and second. Councilwoman Perkins MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO REIMBURSE COSTS FOR CITIZEN PARTICIPATION IN THE EXTENSION OF PROJECT NO.PW-88-04,ROYAL PALM STREET IMPROVEMENTS,AND THAT MONEY GIVEN THE CITY BY THOSE TWO HOMEOWNERS BE RETURNED TO THEM. Councilwoman Gardner seconded the motion. VOTE:In Favor:Councilman Connolly,Councilwoman Gardner,Councilman Burgess Councilwoman Perkins,Mayor Hill Opposed:Councilman Damiano,Vice Mayor Bluntschly The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION: DISCUSSION AND DIRECTION TO PROCEED WITH ESTABLISHMENT OF MUNICIPAL PROPERTY CORPORATION )Mr.Da Vee explained that essentially this involves the creation of a special corporation in order to handle and maintain the assets and that the City could transfer the physical assets to a municipal property corporation,and pay rent to the corporation for the building.The corporation could issue bonds for construction of,for example,a new City Hall and that an existing buildings could be used to pay off the cost of the bonds.Mr.Da Vee stated that this is a vehicle,i f used wisely,to pay bonds to build a capital project. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 16 DISCUSSION AND DIRECTION TO REINSTATE STEPS IN SALARY SCHEDULE )Vice Mayor Bluntschly explained that a block of steps in the salary schedule was deleted by previous Council action, and there were now problems in the pay plan that could result in subordinate employees being paid more than department heads,and requested that an ordinance be enacted to reinstate these steps. DISCUSSION AND DIRECTION TO PROCEED WITH ANNEXATION OF BLM LAND LOCATED NORTH AND EAST OF CITY LIMITS )Vice Mayor Bluntschly stated that currently the City leases approximately 1600 acres of BLM land to the north and east of the City,and requested that formal action be taken to direct staff to begin the process to annex these lands. Councilwoman Perkins stated that she would like to know which employees are involved by the steps in the salary schedule that were deleted. Vice Mayor Bluntschly stated that i t should not matter which employees are affected. Vice Mayor Bluntschly MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER AND CITY ATTORNEY TO BEGIN THE PROCESS NECESSARY AND REQUIRED BY STATE LAW IN ORDER TO ESTABLISH A MUNICIPAL PROPERTY CORPORATION FOR THE CITY OF APACHE JUNCTION,AND THAT A PROGRESS REPORT BE BROUGHT BACK TO THE CITY COUNCIL WITHIN 60 DAYS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Vice Mayor Bluntschly MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER AND CITY CLERK TO PREPARE THE NECESSARY ORDINANCE AND ATTACHMENTS FOR AMENDING THE PRESENT CITY SALARY SCHEDULE BY REINSTATING THE STEPS PREVIOUSLY DELETED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Assistant to the City Manager George Hoffman stated that Homeowners Viewpoint published in their newsletter,some REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 17 months back,that the City was considering annexing that property,which upset them.Mr.Hoffman stated that he had reassured those people that in the event the City sought that annexation,they would be given ample notice with public meetings,etc.,and urged that public meetings and notice be given. Mayor Hill stated that these lands are only BLM lands. Mr.Hoffman replied that these people's concern is that they currently have a "buffer"between them and the City. Vice Mayor Bluntschly stated that this is direction to merely initiate,with ample opportunity to carry out those committments of notice. Mr.Hoffman asked what the first step in annexation is,and how long that would take. Mayor Hill stated that this action was requested to be initiated several years ago,but the Planning Department did not proceed. Mr.Hoffman stated that several thousand letters went out and suggested merely that those persons be notified. Councilman Connolly suggested that rather than put Mr.Hoffman's credibility on the line,notification be sent out, preceding this action. Mr.Da Vee explained that the concern seemed to be that the City has other motivations for wishing the annexation and that our motivations need to be conveyed. Councilman Damiano stated that the people have to come to the City to be annexed,the City can't annex without a request. City Clerk Kathleen Connelly asked if a notice with a map should be published in the newspaper,as a "pre -annexation"announcement. Director of Planning Chuck Newcomer stated that publications and notices are required prior to annexation anyway. Mr.Hoffman suggested that references to those hearings and notices can be made in a letter to citizens, rather than a special hearing. Vice Mayor Bluntschly MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER AND APPROPRIATE CITY STAFF TO BEGIN THE REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 18 I n PROCESS NECESSARY FOR THE ANNEXATION OF THE BLM LAND CITY IS CURRENTLY RESPONSIBLE FOR LOCATED NORTH AND EAST OF THE PRESENT CITY LIMITS,AND THAT A REPORT BE MADE TO THE CITY COUNCIL EVERY 45 DAYS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES, LOCATIONS AND PURPOSES: )Vice Mayor Bluntschly MOVED THAT AN EXECUTIVE SESSION BE HELD AT 5:30 P.M.ON AUGUST 1,1988,WITH THE CITY COUNCIL AND THE FOLLOWING STAFF MEMBERS:Zoning Administrator Charles Coleman,City Clerk Kathleen Connelly,City Manager Bill R.Da Vee,Director of Community Services Jeff Bell,Economic Development Specialist John Schoeph,Controller Keith Lewis,Director of Public Safety Bill McDaniel,Director of Library Pam Loui,Operations Supervisor Doug Dobson,Director of Planning Chuck Newcomer, Associate Planner/Deputy Director Jim Nakagawa,Director of Public Works Rich Broman,Engineering Technician Jerry Brady. Vice Mayor Bluntschly stated that should any of these staff be unavailable,their administrative representative should be required to attend. Vice Mayor Bluntschly FURTHER MOVED THAT A WORK SESSION BE HELD AT 7:00 P.M.ON AUGUST 1,1988,IN THE CITY COUNCIL CHAMBERS,AND THAT SPECIAL MEETING AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBER; AND THAT A WORK SESSION AND EXECUTIVE SESSION BE HELD ON AUGUST 2,1988,AT 6:00 P.M.,IN THE CITY COUNCIL CHAMBERS. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Vice Mayor Bluntschly reported on the comments and compliments directed to City Officials during the movie making in Apache Junction,out of California. REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 19 ADJOURNMENT )Councilwoman Perkins MOVED THAT THE MEETING BE ADJOURNED AT 9:55 P.M. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. *Consent Agenda Items are as follows: *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Minutes of May 17,1988 Regular Meeting *3.Acceptance of Minutes of June 21,1988 Regular Meeting *4.Acceptance of Library Board of Trustees Annual Report *5.Resolution No.88-21,AUTHORIZING SUBMITTAL OF FISCAL YEAR 1988 COMMUNITY DEVELOPMENT BLOCK GRANT Resolution No.88-22,IDENTIFYING FISCAL YEAR 1988 COMMUNITY NEEDS Resolution No.88-23,ADOPTING PLAN TO MINIMIZE DISPLACEMENT *6.Appointments to Library Board of Trustees *7.Appointments to Board of Adjustment;Appointments to Planning and Zoning Commission ACCEPTED THIS 2ND DAY OF AUGUST ,1988,BY THE MAYOR AND CITY COUNCIL OF THE -CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF AUGUST ,1988. ATTEST: —57 NORMAN S.HILL Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 20 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 19,1988 PAGE 21 l a