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HomeMy WebLinkAbout1988-10-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 18,1988 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 18,1988,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 Councilman Damiano Councilwoman Gardner Councilman Connolly Councilwoman Perkins Vice Mayor Bluntschly Mayor Hill City Manager Bill Da Vee City Clerk Kathleen Connelly Assistant to the City Manager George Hoffman City Attorney David Alexander Deputy City Clerk Lori Zmayefski Director of Planning Chuck Newcomer Associate Planner/Deputy Director Jim Nakagawa Assistant Planner Julie Reid Lieutenant Reed Cox Director of Public Works Rich Broman Director of Community Services Jeff Bell Economic Development Specialist John Schoeph Operations Supervisor Doug Dobson Mr.Steve Hagg 2024 S.Cortez Apache Junction,Arizona REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 1 Mrs.Eleanor Garber Twin Palms RV Park 2760 S.Royal Palm Apache Junction,Arizona Mr.Jalma Hunsinger 3302 S.Marianna Circle Tempe,Arizona Mr.Archie Smyers 331 E.Breckenridge Way Gilbert,AZ Mr.David French,Vice President Parsons/Brinkerhoff 1233 E.Broadway Tempe,AZ ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Bluntschly MOVED THAT CONSENT AGENDA ITEM NOS.1 -4,BE ACCEPTED AS PRESENTED. I FURTHER MOVE THAT THE AUDIT REPORT FOR FY 1987-88 BE ACCEPTED; AND THAT LANDSCAPE MAINTENANCE IN THE RIGHT-OF-WAY AT APACHE VILL,BE POSTPONED UNTIL THE REGULAR MEETING OF NOVEMBER 15,1988; AND THAT PUBLIC WORKS PROJECTS BE AWARDED AS FOLLOWS: PW-88-15,CHIP SEAL PROJECT,TO NESBITT CONTRACTING,IN THE AMOUNT OF $71,900.00. PW-88-16,PLASTIC SEAL PROJECT,TO SAHUARO PATROLEUM AND ASPHALT CO.,IN THE AMOUNT OF $56,420.00. PW-88-17,STREET SWEEPER,TO BALZAR EQUIPMENT CO.,IN THE AMOUNT OF $44,975.00 PW-88-18,PADDLE WHEEL SCRAPER,TO ARIZONA INDUSTRIAL MACHINERY CO.,IN THE AMOUNT OF $112,169.44. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. Introduction of Distinguished Visitors and Guests REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 2 Mayor Hill thanked everyone for attending the meeting. AWARDS,PRESENTATIONS AND COMMUNICATIONS Lieutenant Reed Cox explained that the Police Department has become involved with the "Dare Program",which is currently being taught by Officer Greb to the school children. Officer Steve Greb gave a presentation on the "Dare Program",explaining that this program is designed to educate school -age children against the pressures of drugs. Councilwoman Gardner stated that there is a "Substance Abuse Task Force"in Apache Junction,and beginning October 23rd through the end of the month there is a "Red Ribbon Week".Councilwoman Gardner presented councilmembers with ribbons. Mayor Hill presented Five -Year Employees pins to the following employees: Chuck Baker,Rita Black,Joe Cappelli,Brian Duncan,Sharon Holton,Laura Houston,Marjorie Keehnan,Keith Lewis,Pam Loui,Jim Nakagawa,Julie Reid, Sandra Rodgers,Marge Samuelson,John Schoeph,and Dennis Smith. Mayor Hill thanked everyone for five years of good service,and especially commended the Animal Control Division and Rita Black for a job well done. Director of Public Works Rich Broman presented Mr.Jack Barrett with a Certificate of Appreciation for serving as Chairman on the Cable Television Committee,and assisting staff for review and recommending firms for various city projects,specifically consulting firms in conjunction with Ordinance No.628. Mr.Jack Barrett thanked the Council for the Certificate and offered assistance to the City in the future. CALL TO THE PUBLIC Mr.Steve Hagg,2024 S.Cortez,Apache Junction,stated that having four dogs,he was informed that i t is necessary to have a kennel permit and that the property is not zoned for a kennel,and asked i f i t is possible to get a special permit for that use. Mayor Hill asked i f a variance would be required. City Clerk Kathleen Connelly stated that i t shouldn't i f it's not a business. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 3 Director of Planning Chuck Newcomer stated that i f the dogs are privately owned,and i t is not a commercial kennel,a simple permit is all that should be required. Mayor Hill asked Mr.Hagg to discuss the matter with Mr.Newcomer or Associate Planner/Deputy Director Jim Nakagawa. Mrs.Eleanor Garber,owner of Twin Palms RV Park,2760 S.Royal Palm,Apache Junction,addressed the Council in complaint of a health hazard due to horses kept in unsanitary conditions next the the RV Park,showed pictures,and asked that something be done to solve the problem. Mayor Hill stated that this has been worked on. Assistant to the City Manager George Hoffman stated that Mrs.Garber has a written copy of an update on the situation. CITY MANAGER'S REPORT City Manager Bill Da Vee reported that the Department of Environmental Quality has awarded a contract to Magma Copper Co.for the removal of the 1800 tons of contaminated waste dumped at Apache Mine in December 1986,and will be moved to the Magma site near Superior where i t will be reprocessed to remove the heavy metals and other contaminates,and that Mr.Art Black of DEQ expects the wastes to be removed during November or December,depending on the length of negotiations with Magma on the contract.Mr.Da Vee stated that Mr.Black further informed staff that the agency would be responsible for notifying both city officials in Superior and Pinal County officials about the moving of the waste.Mr.Da Vee informed the Council about a project proposal submitted to the City of Mesa,to accept the waste water in order to allow the construction of the 100 unit motel near the intersection of Delaware and U.S.Highway 60, which was denied following a meeting of the Utilities Committee on October 14th, which was mainly made up of Mesa Councilmembers,and they advised that approval would result in additional requests to tie into their sewer facilities.Mr.Da Vee further stated that their comment was that this is a short term solution to a long term problem,and encouraged Apache Junction to address solving our own sewage treatment disposal. Mr.Da Vee stated that there has been recent contact with ADOT regarding the Superstition Freeway status,that the bids on Phase I I will be received on December 9th,will be awarded by contract to cover a 15 month period,and the work between Ellsworth and Power Road is to be completed in the first six months in order to complete the paving project by July of 1990,and i t is possible that the original completion date may be moved up to September of 1990.Mr.Da Vee reported that Goldfield Road has been opened up at the recently constructed over -pass,and it's anticipated that the other roads will be opened as the over- pass structures are completed. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 4 PUBLIC HEARINGS PROPOSED ORDINANCE NO.649,PZ-3-88, IRONWOOD INVESTMENT GROUP )Associate Planner/Deputy Director Jim Nakagawa stated that this is a planned development rezoning request for six parcels totaling 160 acres,by Ironwood Investment Group,bounded by Ironwood Drive,Southern Avenue,San Marcos and 16th Avenue,and is currently zoned General Rural,and further stated that project is proposed to be developed in four phases,and that the Planning and Zoning Commission recommends approval of the application.Mr.Nakagawa suggested that a time limit of three years, rather than the usual one year be given for this project,in anticipation that the freeway would be completed at that time and possibly a solution on sewer service could be found at that time. Mr.Nakagawa further stated that there are protest petitions against the rezoning,objecting to allowing the sale of alcholic beverages,with enough protests to invoke the three-quarter vote requirement for approval of the rezoning. Mayor Hill asked i f there was anyone who wished to speak on the item. Mr.Jalma Hunsinger,3302 S. Marianna Circle,Tempe,applicant,addressed the Council requesting approval of the rezoning,and stated that they are prepared to solve the waste water problem and would not consider a package plan as i t would not be in the best interest of the project or the community,and stated that after a conversation with one of the church's pastors,i t appears that the churches do not want liquor sales at all and i f in fact this is the demand of State and City laws,the investment group would have to comply with that,however almost any grocery store does sell a certain amount of alcohol as a matter of convenience. Councilwoman Gardner asked staff i f i t wouldn't be more appropriate to protest this when an application for a liquor license is filed. Mr.Hunsinger replied that this is correct in most communities,but as a gesture they have no problem stipulating a restriction on Parcel A as regards to sale of alcohol. There being no one else wishing to address the Council,Mayor Hill closed the hearing to the public. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.649,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 5 VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.649,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-3-88 FROM GENERAL RURAL (GR)TO GENERAL COMMERCIAL DISTRICT/PLANNED DEVELOPMENT (C-3/PD),LOCAL COMMERCIAL DISTRICT/PLANNED DEVELOPMENT (C-2/PD),SINGLE FAMILY RESIDENCE ZONE/PLANNED DEVELOPMENT (CR-3/PD),AND MULTIPLE FAMILY RESIDENCE ZONE/PLANNED DEVELOPMENT (CR-5/PD); REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.649,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.645,PZ-24-88, SUNNY LANE ESTATES,COMMISSION INITIATIVE) )Director of Planning Chuck Newcomer briefed the Council on the Commission initiated rezoning of Sunny Lane Estates, which is located between First Avenue and Broadway Avenue on the north and south and between Saguaro and Palo Verde Drives on the east and west,from TH/PD to CR-3/PD,and stated that this property was rezoned in 1981 with terms of development as RV homes with full bath and kitchen,with further major amendments in 1982 and 1984,and that the developer has submitted a request that the original limitation of 1000 square feet maximum livable area be lifted from the restrictions in the subdivision.Mr.Newcomer stated that the Development Coordinating Committee recommends several changes and eliminations,including the zoning change to CR-3/PD,and further stated that the Planning and Zoning Commission also recommend approval of the zoning change with certain exceptions or stipulations to be included.Mr.Newcomer further stated that he disagreed with the 1000 square foot maximum requirement,as 1100 to 1200 square feet limitation to allow for a typical three -bedroom floor plan. Mr.Archie Smyers,331 E. Breckenridge Way,Gilbert,addressed the Council and agreed with Mr.Newcomer that a three-bedrood house would require more than 1000 square feet. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 6 feet maximum be adequate.Vice Mayor Bluntschly asked i f 1260 Mr.Smyers replied that this would be adequate. Councilwoman Gardner asked why three bedrooms rather than two bedrooms is being considered. Mr.Smyers answered that there are also two bedroom homes available. Councilwoman Perkins stated that i t is appreciated that Mr.Smyers wishes to build a nicer home. 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. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.645,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.645,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-24-88;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Bluntschly MOVED THAT ORDINANCE NO.645,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:UNDER ITEM F,PARAGRAPH 2,THAT THE MAXIMUM LIVING AREA IS TO 1260 SQUARE FEET. City Attorney David Alexander asked i f Mr.Newcomer i f the zoning classification change is in the title of the ordinance. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 7 Mr.Newcomer stated that Section I , In General,numeral one,second paragraph indicates the zoning change,but that the ordinance will need to be corrected to include i t in the title also. Vice Mayor Bluntschly added to the motion THAT THE TITLE BE CORRECTED TO INCLUDE THE ZONING CHANGE. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.655,PZ-19-88, AMENDMENT TO ZONING ORDINANCE, CONDITIONAL USE PERMITS ) )Assistant Planner Bob Dunn explained that at the meeting of May 3rd,the Council initiated an amendment to the Condition Use Permits section of the Zoning Ordinance,authorizing the Planning and Zoning Commission to render decisions on requests for Conditional Use Permits,and establishes the Council as the body to hear appeals of Commission decisions,and which has been in affect since October 1,1987.Mr.Dunn stated that the requested amendments would have the advantage of allowing the City Council to become directly involved in all requests,although with the limited performance the current procedures seem to be effective,and further stated that the Planning and Zoning Commission recommends approval of the amendments. Councilman Burgess stated that he did not remember adopting this ordinance in this manner,and asked what was done prior to this ordinance. Mr.Newcomer replied that i t was strictly through the Planning and Zoning Commission,and the last amendment was adding the City Council as an appeal process. Councilman Connolly asked why burden the City Council with additional work,i f all applicants have the ability to appeal the decision to the City Council anyway? Councilman Burgess stated that the Council is elected as the decision -making body,and the Planning and Zoning Commission is a "recommending body"only,and the way the ordinance reads,the Planning and Zoning Commission is making decisions in this area. Mayor Hill asked i f 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. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 8 Councilman Burgess MOVED THAT ORDINANCE NO.655,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.655,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING SECTION 6.0101;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT ORDINANCE NO.655,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Damiano seconded the motion. Vice Mayor Bluntschly suggested that a fee schedule change should be discussed. Councilman Burgess stated that in reference to Councilman Connolly's view on this matter,i f an applicant has exactly what he wants,this type of request could be put on the "Consent Agenda" and would not have to have a public hearing. City Attorney David Alexander stated that State Law only requires one public hearing,but local ordinances require two public hearings on zoning changes. Mr.Newcomer stated that a Conditional Use Permit does require a second public hearing. Councilwoman Gardner reiterated that a Conditional Use Permit request requires a Planning and Zoning Commission hearing,and than a public hearing of the City Council,as the City Ordinance requires now. Mr.Alexander confirmed this. Councilwoman Gardner stated that a recent newpaper article listed some of the static taken by the Planning and Zoning Commission for decisions,even though the Council are the ones elected by the people. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 9 Councilman Burgess and Councilman Damiano withdrew the motion and second. Councilman Burgess MOVED THAT ORDINANCE NO.655,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: IT WILL NOT BE A PUBLIC HEARING OF THE CITY COUNCIL,AND THAT THE FEE WILL GO UP TO $155. Councilman Damiano seconded the motion. Councilwoman Gardner stated that i f discussion is necessary,i t could be pulled off the Consent Agenda. VOTE:Unanimous The motion carried. OLD BUSINESS None. NEW BUSINESS AUTHORITY TO ENTER INTO AN INDEMNIFICATION AGREEMENT AND TO COMMENCE A CAUSE OF ACTION,MCCOY ) )City Attorney David Alexander stated that Mr.McCoy owns property that he is desirous of transferring to the City and a threat of potential suite has been conveyed to Mr.McCoy i f such transaction is completed,and Mr.McCoy has asked that we prepare an indemnification agreement for his review to protect his interest,i f in fact the transfer to the city of certain lands is completed."Mr.Alexander requested authorization to prepare an indemnification agreement that would do two things:provide a legal defense for Mr.McCoy i f he ever is sued concerning the transfer of land to the city,and i f for any reason he has to expend funds as a result of this particular potentiality,we would compensate him for the expenditure of funds. Councilwoman Gardner MOVED THAT AUTHORITY BE GIVEN TO THE CITY ATTORNEY AND CITY MANAGER TO ENTER INTO AN INDEMNIFICATION AGREEMENT AND TO COMMENCE A CAUSE OF ACTION IN THE CASE OF McCOY FOR THE PURPOSES STATED IN THE CITY ATTORNEY'S PRESENTATION AND AS IN INFORMATION GIVEN IN EXECUTIVE SESSION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 10 Councilman Damiano seconded the motion. Councilwoman Perkins asked i f this action will set a precedent? Mr.Alexander replied that only in the sense that i f we get something for the City,and somebody wants something from us,we would have to come back to the Council and say "the hypothetical Mr.Jones wants to give the City some property but he wants some protection -each case would have to be judged individually,but no we cannot use this case to automatically do this in the future. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner,Councilman Connolly, Councilman Burgess,Vice Mayor Bluntschly,Mayor Hill Opposed:Councilwoman Perkins The motion carried. Mayor Hill recessed the meeting 8:30 p.m. Mayor Hill reconvened the meeting at 8:42 p.m. CHAMBER OF COMMERCE AGREEMENT FOR PROFESSIONAL SERVICES ) )City Manager Bill Da Vee explained that the Council -Staff Subcommittee met in a series of meetings to draft the proposed contract with the Chamber of Commerce for Professional Services,with the services and costs clearly outlined and are consistent with the Economic Development strategies,and requested that the Council decide how the contract installment would be paid to fulfill services. Councilwoman Gardner asked i f the Chamber of Commerce was advised of the City Attorney's suggestion on the amendment to the contract. Mr.Da Vee stated that Chamber of Commerce is,in general,in agreement with the proposed contract. Mr.Da Vee further explained that i t would be necessary to amend Ordinance No.631 to accomplish the payment due to heavy expenses to the Chamber during the heavy tourist season,and that the Chamber of Commerce has prepared a "cash flow"report along with expected expenditures to give the Council an idea of how the funds would be expended,and also suggested that the expenditure schedule be preapproved,and that the option would be for the Council to keep the equal installments. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 11 Councilwoman Gardner MOVED THAT THE MAYOR AND COUNCIL APPROVE THE PROPOSED CONTRACT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE TO PROVIDE ECONOMIC DEVELOPMENT AND TOURIST ROMOTION SERVICES.I FURTHER MOVE THAT THE SCHEDULE FOR CONTRACTUAL SERVICE PAYMENTS BE APPROVED ON THE BASIS OF THE ANTICIPATED EXPENDITURES SET FORTH IN EXHIBIT A AS ATTACHED, SUBJECT TO THE REVIEW REQUIREMENTS AND EXPENDITURE LIMITATIONS OF THE CITY ORDINANCE NO.631 NOW IN FORCE. I MOVE THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO RETURN FOR COUNCIL CONSIDERATION AMENDMENTS TO ORDINANCE 631 AS FOLLOWS:THAT SECTION 3(B),LINE 2 BE AMENDED TO READ:"OR QUARTERLY PAYMENTS BASED UPON A SCHEDULE OF ANTICIPATED EXPENSES WHICH HAS BEEN APPROVED BY THE MAYOR AND COUNCIL. Vice Mayor Bluntschly seconded the motion. Councilman Damiano asked the City Attorney i f i t would alright,as a member of the Chamber of Commerce,to vote on this issue? City Attorney David Alexander replied that there would be no legal conflict. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.88-32,REQUEST FOR INCREASED FUNDING FOR HEAD START )Councilwoman Gardner stated that this is a request from Head Start for additional funding to allow more children to be admitted to the program,to the Department of Heath and Human Services, and that this resolution endorses that program and request. Councilwoman Gardner MOVED THAT RESOLUTION NO.88-32,ENDORSING THE SERVICE PROVIDED TO THE COMMUNITY THROUGH THE LOCAL HEAD START PROGRAM AND REQUESTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE AVAILABLE ADDITIONAL FUNDS TO MEET THE NEEDS OF THE CHILDREN SERVED BY THE PROGRAMS,BE APPROVED AND ADOTPED. Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. AUTHORIZATION TO PREPARE BIDS FOR CITY COMPLEX PLAN REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 12 )City Manager Bill Da Vee explained that the Council -Staff Subcommittee went through a process of determining the best means of providing for additional space needed in the City Hall Complex, and also recommended that the Council consider a design for a new facility in Phase I for a Police Facility.Mr.Da Vee stated that the concern of the Subcommittee members was that all the past remodeling expenses accomplishes a very short period of time and the cost-effectiveness of continuing that kind of constant remodeling effort,and believe that i t would be more effective to look at a future new facility,which could be serviceable in the community for a number of years.Mr.Da Vee further stated that the Subcommittee recommends that the City go through the remodeling effort and begin to look forward in the future to a permanent new facility,and further outlined the designs for remodeling,including office space for the new City Engineer. Vice Mayor Bluntschly MOVED THAT THE PROPOSED PLAN FOR THE CITY HALL COMPLEX BE ACCEPTED AS PRESENTED,AND THAT AUTHROIZATION BE GIVEN THE CITY MANAGER TO PROCEED WITH THE PREPARATION OF BID PROCEDURES. Councilman Burgess seconded the motion. Councilman Damiano asked i f windows and a larger copy machine room could be added to the plans. Director of Public Works Rich Broman replied that those changes had been review by the Subcommittee and architect, and are presently incorporated into the plans. Councilwoman Gardner asked Vice Mayor Bluntschly,as a member of the Subcommittee,i f there was a problem with using the trailers after renovation. Vice Mayor Bluntschly stated that i t would be better i f we didn't have to,but there are not the resources at this time and that the next best thing is to utilize those trailers. Mayor Hill added that the trailers were inspected to ensure that the basic structures are sound. Councilwoman Perkins asked i f the City would permit a business owner to do this type of renovation with trailers. Director of Planning Chuck Newcomer replied that these are "State -built prefab buildings,different than mobile homes,and this would be permissible for businesses. VOTE:In Favor:Councilwoman Gardner,Councilman Burgess,Councilman Connolly, Councilman Damiano,Vice Mayor Bluntschly,Mayor Hill REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 13 Opposed:Councilwoman Perkins The motion carried. INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR HEALTH SERVICES ) )City Attorney David Alexander stated that the Health Services Agreement has one amendment that he would ask be made, on Page 3 Paragraph 3,due to a change in State Law that requires certification for insect control,and Pinal County may provide that service with separate billing for chemical use,but as yet this has not been completely worked out. Mr.Alexander further recommended that "insect control"be deleted from the agreement and authority given to work something out with the County for that service. Councilman Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR HEALTH SERVICES,BE APPROVED AND THAT PARAGRAPH THREE,PAGE THREE BE AMENDED BY DELETING "AND INSECT CONTROL",AND THAT THE CITY ATTORNEY AND CITY MANAGER BE GIVEN AUTHORITY TO ENTER INTO AN AGREEMENT PROVIDING INSECT CONTROL BY PINAL COUNTY HEALTH DEPARTMENT. Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. FINAL REPORT ON TRANSPORTATION/ TRANSIT STUDIES ) )Director of Public Works Rich Broman introduced Mr.Dave French,Vice President of Parsons/Brinkerhoff,to make the final report presentation to the Council. Mr.David French,Vice President of Parsons/Brinkerhoff,1233 E.Broadway,Tempe,stated that the firm prepared the Transportation/Transit Study for the City of Apache Junction with a final report,and outlined the items contained in the report. Councilman Connolly MOVED THAT THE SEPTEMBER 1988 EXECUTIVE SUMMARY AND FINAL REPORT FOR THE CITY OF APACHE JUNCTION TRANSPORTATION/TRANSIT STUDIES,BE ACCEPTED AS PUBLIC DOCUMENTS,AND THAT THREE COPIES BE RETAINED IN THE CITY CLERK'S FILE FOR REFERENCE. Vice Mayor Bluntschly seconded the motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 14 VOTE:Unanimous The motion carried. LIBRARY PARKING LOT EXTENSION ) )Mr.Broman explained that the City has applied for a five acre lease north of the Library for parking lot expansion,and that the State Land Department asks how the City wishes to break down the acreage for development as there are different lease rates,and recommended that the Council consider the lease with 11 acres as undeveloped with granite type parking area,with the remaining portion of the five acres to be held at a holding rate to be brought back to the Council for any other expansions or improvements that are required. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO CONTINUE WITH THE PROCESSING OF THE APPLICATION TO THE STATE LAND DEPARTMENT FOR THE LEASE OF PROPERTY TO ACOMMODATE ADDITIONAL LIBRARY PARKING.I FURTHER MOVE THAT THE PROPERTY TO BE APPLIED FOR SHALL BE PER ALTERNATIVE A AS OUTLINED IN THE MEMORANDUM DATED OCTOBER 11,1988 FROM THE DIRECTOR OF PUBLIC WORKS; AND THAT THE CITY MANAGER IS AUTHORIZED TO EXPEND FUNDS FOR THE LEASE OF PROPERTY AND NECESSARY IMPROVEMENTS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: DIRECTION TO CITY ATTORNEY TO BRING BACK RECOMMENDATIONS FOR AMENDMENTS TO CITY CODE AUTHORIZING CITY MANAGER TO WAIVE CERTAIN REQUIREMENTS,INSURANCE AND BONDING FOR PUBLIC WORKS PROJECTS UNDER $5,000 ) )City Attorney David Alexander stated that currently bonds and insurance is required by the City for project less than $5,000,though possibly not in practice,and i f practice does not match what the City Code requires,Council should give authority to allow Public Works to waive those requirements for projects under $5,000. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN THE CITY ATTORNEY TO BRING BACK RECOMMENDATIONS FOR AMENDMENTS TO THE CITY CODE,AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN REQUIREMENTS,INSURANCE AND BONDING FOR PUBLIC WORKS PROJECTS UNDER $5,000. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 15 Vice Mayor Bluntschly seconded the motion. VOTE:Unanimous The motion carried. DIRECTION ON BILLBOARDS ALONG SUPERSTITION FREEWAY )Councilman Damiano MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER PERTAINING TO BILLBOARDS ALONG THE SUPERSTITION FREEWAY CORRIDOR FOLLOWS:TO CONTACT PINAL COUNTY BOARD OF SUPERVISORS. City Manager Bill Da Vee stated that a copy of the Pinal County Board of Supervisor's regulations as adopted by them, pertaining to billboards has been obtained and have been working with them in terms of whether the City should adopt similar measures or encourage Pinal County to modify their regulations. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. DIRECTION ON BUSINESS LICENSE AMENDMENTS AND ESTABLISHMENT OF CITIZENS COMMITTEE ) )City Clerk Kathleen Connelly stated that previously the Council discussed amendments to the Business License section of the City Code,and requested direction to allow for preparation of proposed changes. Councilman Damiano MOVED THAT DIRECTION BE GIVEN THE APPROPRIATE STAFF TO BRING BACK RECOMMENDATIONS FOR AMENDMENTS TO THE BUSINESS LICENSE REGULATIONS AS FOLLOWS: BE POSTPONED UNTIL A FUTURE DATE. I FURTHER MOVE THAT A COMMITTEE BE ESTABLISHED FOR THE REVIEW OF THE BUSINESS LICENSE REGULATIONS,TO BRING BACK RECOMMENDATIONS TO THE CITY COUNCIL,ALSO BE POSTPONED. Councilwoman Gardner seconded the motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 16 Councilwoman Gardner asked for clarification of this item. Councilman Burgess suggested bringing this item back after the election,in April of 1989. Councilman Burgess asked i f a committee could be established and review the item prior to April. City Clerk Kathleen Connelly commented that without more direction,i t isn't clear what a committe would look at,and also that staff has stated in subcommittee meetings,that the Council is going to make changes in the license fee following the Park n'Swap fee change, and suggested that the Council at least address the fee change of a $45.00 renewal fee. Councilman Damiano and Councilwoman Gardner withdrew the motion and second. Councilwoman Gardner MOVED THAT DIRECTION BE GIVEN THAT THE CURRENT LICENSE FEE OF $45.00 BE KEPT AND THAT THE RENEWAL FEE BE RAISED TO $45.00 AND THAT THE REST OF THE MOTION WOULD BE POSTPONED UNTIL THE FIRST PART OF APRIL,AND THAT DIRECION BE GIVEN TO ESTABLISH A COMMITTEE FOR THE REVIEW OF BUSINESS LICENSE REGULATIONS TO BRING BACK RECOMMENDATIONS TO THE CITY COUNCIL AT A LATER DATE,FIRST MEETING IN APRIL 1989. Councilman Damiano seconded the motion. Vice Mayor Bluntschly asked i f thefirstportionofthemotionaccomplishestheincreaseinrenewalfees. City Attorney David Alexander replied that this give direction to the City Clerk to bring back an Ordinance to amend the City Code in that manner. City Clerk Kathleen ConnellyclarifiedthattheCouncilwishestohaverecommendationsforCommitteemembers brought back at a later date. having the Committee in place right away. Vice Mayor Bluntschly suggested City Clerk Kathleen Connelly stated that a scope of work for the Committee to look at,along with Committee members recommendations and the Ordinance to amend renewal fees,could be brought back to the Council for action at the same time. Councilwoman Gardner clarified the motion THAT THE COMMITTEE BE ESTABLISHED TO BRING BACK RECOMMENDATIONS AT THE FIRST MEETING IN APRIL. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 17 Councilman Damiano stated that he is in opposition to the raising of the renewal fee. Councilman Burgess pointed out that there is not a vote on the fee itself tonight,only direction to prepare an Ordinance for action. VOTE:Unanimous The motion carried. DIRECTION ON HEALTH AND HUMAN SERVICES COMMISSION -APPLICATION PROCESS FOR FUNDING )Mr.Da Vee explained that the Community Foundation and the City of Apache Junction were unable to agree on a contract for services for this year,which leaves the City with uncommitted funds budgeted,and asked for direction in regards to the funds,whether to advertise for proposals and whether this advertisement should include services previously provided by the Foundation,and also guidance as to how the initial review of any proposal received should be recommended to the Council for future funding.Mr.Da Vee further explained that a Health and Human Services Commission had been considered in the past,or a Council/Staff Subcommittee for that purpose,or staff members assigned to review and made recommendations,and pointed out that due to the fact that we do not continue the service contract with the Foundation there are uncommitted funds of about $30,000. Vice Mayor Bluntschly MOVED THAT DIRECTION BE GIVEN THE CITY MANAGER AND APPROPRIATE STAFF PERTAINING TO THE HEALTH AND HUMAN SERVICES COMMISSION AS FOLLOWS: 1.THAT THE HEALTH AND HUMAN SERVICES COMMISSION BE ESTABLISHED TO REVIEW APPLICATIONS AND REQUESTS FOR FUNDING,AND THAT THEY WOULD MAKE SPECIFIC RECOMMENDATIONS TO THE CITY COUNCIL FOR THE DISBURSEMENT OF FUNDS IN THE HEALTH AND HUMAN SERVICES NEEDS AND IN PARTICULAR THE FUNDS THAT HAVE ALREADY BEEN ALLOCATED FOR THIS YEAR,THAT WE MAY GET THOSE TO THE PUBLIC AND THE PEOPLE IN NEED. Councilman Damiano seconded the motion. Councilman Burgess stated that this will be a recommending body to the Council,who will make the final decision, and this is redundant,as the Council may not agree with the Commission's recommendation and will result in more meetings than necessary. Councilman Damiano commented that there is money involved and should have a recommendation from another source, and could be put on the Consent Agenda when i t comes to the Council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 18 Vice Mayor Bluntschly stated that there are enough people in the community that would be willing to serve on a Commission,to screen these applications resulting in quicker funding for those who need it. VOTE:In Favor:Councilman Damiano,Councilwoman Gardner, Vice Mayor Bluntschly,Mayor Hill Opposed:Councilman Burgess,Councilman Connolly,Councilwoman Perkins The motion carried. ADDITIONAL DIRECTION ON INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION SERVICES ) )Mr.Da Vee stated that a letter has been received from the Fire District informing the City of the fact there are items which i t would be necessary to add to the Agreement,that an hourly fee would be charged for any response made to the Facility,and secondly that emergency medical services in the event that ambulance services are needed. Mr.Da Vee further stated that the City Attorney and Councilman Burgess were involved with the process of discussions with the Fire District. Councilman Burgess and City Attorney David Alexander stated that these items were not discussed,and that the agreement was drawn up by the City Attorney with impressions from the discussions. Councilman Burgess asked i f an ambulance is called for a private citizen,would the City be charged for that. Mr.Da Vee asked Lieutenant Reed Cox,as a member of the Fire District Board,i f a franchise area the same as a district or is i t a broader area. Lieutenant Reed Cox stated that there is a fee schedule for fighting fires and that he had understood that the Fire District wished to make sure that the City wanted EMS to respond to calls. Mr.Da Vee stated that typically, there is a base charge paid on an annual basis,as well as an hourly charge made i f equipment is sent. Councilman Burgess stated that he understood that at an ambulance call a fire unit is sent also,and this is the charge being discussed. Councilman Burgess MOVED THAT DIRECTION BE GIVEN IN REGARDS TO THE INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION SERVICES AS FOLLOWS: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 19 THAT AUTHORIZATION BE GIVEN THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FURTHER. Councilwoman Gardner seconded the motion. VOTE:Unanimous The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES: EXECUTIVE SESSION,WORK SESSION, OCTOBER 31,1988 EXECUTIVE SESSION,WORK SESSION, NOVEMBER 1,1988 ) )Councilwoman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,ON OCTOBER 31,1988,IN THE CITY COUNCIL CHAMBERS; AND THAT AN EXECUTIVE SESSION AND A WORK SESSION BE HELD AT 6:00 P.M.,ON NOVEMBER 1,1988,IN THE CITY COUNCIL CHAMBERS. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Lieutenant Reed Cox informed the Council that on Friday there will be a Softball Tournament with proceeds going to the School District,and there is a $1.00 donation. Councilwoman Gardner reminded the Council to wear their "Red Ribbons"next week. ADJOURNMENT ) )There being no further business, Mayor Hill adjourned the meeting at 9:42 p.m. *Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 20 *1.Acceptance of Regular Meeting Agenda *2.Acceptance of Audit Report for FY 1987-88 *3.Landscape Maintenance in Right -Of -Way for Apache Villa (Request for Postponement) *4.Award of Bid for:PW-88-15,Chip Seal Project,PW-88-16,Plastic Seal Project,PW-88-17,Street Sweeper,PW-88-18,Paddle Wheel Scraper ACCEPTED THIS iqTH DAY OF NOVEMBER COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ,1988,BY THE MAYOR AND CITY SIGNED AND ATTESTED TO THIS 5TH DAY OF DECEMBER ,1988. /2 7 / 7 MAN S.HILL ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18,1988 PAGE 21