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HomeMy WebLinkAbout1979-09-19 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 19, 1979 A Regular Meeting of the City Council of Apache Junction was held on the 19th day of September, 1979 at the Apache Junction City Hall, pursuant to the notice as required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7:04 p.m. at the Apache Junction City Hall. INVOCATION The Invocation was given by Councilwoman Marie Shanks. PLEDGE OF ALLEGIANCE Vice -Mayor John Granillo led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Virginia Seeman, Vice -Mayor John Granillo, Jerry Burgess, Thomas Damiano, Jimmy Eidson, Norman Hill, Marie Shanks. Councilmembers Absent : None Staff Present'Ray Lee, City Manager Isabel C. Ballard, City Clerk Bill McDaniel, Chief of Police Susan Goodwin, City Attorney ACCEPTANCE OF THE AGENDA )Councilman Burgess MOVED that there be an addition of Item 16 on the Agenda for discussion of a different meeting place for the City Council Meetings. Councilman Hill seconded the motion. VOTE: UNANIMOUS The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF AUGUST 15, 1979 )Councilman Eidson MOVED that the Minutes from the Regular Meeting of August 15, 1979 be accepted as presented. Vice -Mayor Granillo seconded the motion. Reg. Meeting/Sept. 19, 1979 Page 2 VOTE: UNANIMOUS The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 1979 ) )Councilwoman Shanks MOVED that the Minutes from the Regular Meeting of September 5, 1979 be accepted as presented. Councilman Burgess seconded the motion. VOTE: UNANIMOUS The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF SEPTEMBER 12, 1979 ) )Vice -Mayor Granillo MOVED that the Minutes from the Regular Meeting of September 12, 1979 be accepted as presented. seconded the motion. VOTE: UNANIMOUS The motion carried. AWARDS PRESENTATIONS AND COMMUNICATIONS CALL TO THE PUBLIC (PETITIONS) Councilman Burgess ) )None ) )None CITY MANAGER'S REPORT ) )City Manager Lee announced that Mr. Joe Gero, the new City Planner is now on board. PUBLIC HEARINGS UNFINISHED BUSINESS (TABLED ITEMS) ) )None ) )Omitted Agenda Items 5 & 6. CITY SEAL RESOLUTION ) )Councilwoman Shanks read the City Seal Resolution No. 79-36. Reg. Meeting/Sept. 19, 1979 Page 3 RESOLUTION NUMBER 79-36: A RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF APACHE JUNCTION, ARIZONA ADOPTING AN OFFICIAL CITY SEAL. WHEREAS the City of Apache Junction, Pinal County, Arizona was incorporated on November 24, 1978; and WHEREAS the City desires to adopt an Official City Seal for use by the City in carrying on its official business; and WHEREAS by Resolution No. 79-16 the City Council did establish an art contest whereby individuals could submit entries for consideration in the selection of the Official City Seal; and WHEREAS the City Council did select an appropriate entry to serve as its Official City Seal; NOW THEREFORE BE IT RESOLVED that Kenneth C. Balcomb be and he is hereby declared the winner of said art contest; FURTHER RESOLVED that the Official City Seal of the City of Apache Junction, Arizona be and it is hereby ordered created in a substantial likeness to the entry submitted by Kenneth C. Balcomb; FURTHER RESOLVED that the Official City Seal of Apache Junction may be altered at the pleasure of the City Council, present or future; FURTHER RESOLVED that a facsimile of the Official City Seal be and it is hereby ordered impressed or affixed to all official documents of the City as deemed necessary by the City. WHEREAS it is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist and this resolution shall be effective immediately. that Resolution No. 79-36 be adopted. the motion. VOTE: UNANIMOUS The motion carried. Councilwoman Shanks MOVED Councilman Damiano seconded Reg. Meeting/Sept. 19, 1979 Page 4 RESOLUTION ON STATE LAND (CC) )Mayor read the Resolution on State Land No. 79-37. RESOLUTION NUMBER 79-37: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE APACHE JUNCTION CHAMBER OF COMMERCE. WHEREAS the City of Apache Junction, Arizona has made an application to the Arizona State Land Department to purchase approximately 100 acres of the State Trust Lands located within Section 16, Township 1 North, Range 8 East, GSRB and M bordering on the Apache Trail, and more specifically known as the municipal complex parcel; and WHEREAS the Apache Junction Chamber of Commerce is the civic advertising arm of the City of Apache Junction, in accordance with the Provisions of the ARS 9-493; and WHEREAS the City desires to set aside a one-half acre parcel of land within said Section 16 for the use of the Apache Junction Chamber of Commerce. FURTHER RESOLVED that this action be and it is hereby ordered contingent upon the City's successful acquisition of approximately 100 acres of lands within said Section 16 from the State Land Department. Mayor Seeman MOVED that Resolution No. 79-37 be accepted. Councilman Eidson seconded the motion. VOTE: UNANIMOUS The motion carried. PLANNING AND ZONING, PINAL COUNTY COMMISSION INITIATIVE )Vice -Mayor Granillo MOVED to postpone Item No. 9 until the Planning Director has an opportunity to research this matter. Councilman Hill seconded the motion. VOTE: UNANIMOUS The motion carried. Mayor Seeman asked if there were any other Items on the Table to be discussed. Reg. Meeting/Sept. 19, 1979 Page 5 Councilwoman Shanks requested that Item No. 5 be discussed if the Petitioner was present. Mayor Seeman asked if the Petitioner, Mr. R.J. Heir, was present.Mr. Heir responded to the affirmative. Mayor Seeman requested City Manager Lee to give the Council a report on this Petition. City Manager Lee reported that it is currently being staffed; the Building Official will render his comments and in addition to that the new Planning Director inspected the fence today and would like to check the legal description and other alternatives. The Chief of Police will also check on the traffic portion and the report will be forthcoming.In all probability the fence will be condemned as unsafe and he will recommend to the Council a course of action. Council had any questions. No questions. Mr. Heir had any questions. Lee what the future proposal is. Mayor Seeman asked if the Mayor Seeman asked if Mr. Heir asked City Manager City Manager Lee reported that we would have to wait for the three reports, one from the Building Official, one from Public Safety, and one from the Planning Director. Mr. Heir asked if he would be notified when the answers come in.City Manager Lee reported that all residents on the Petition will be notified. NEW BUSINESS STATE FAIR BOOTH DISPLAY )Mayor Seeman, indicating that a written report had already been received from City Manager Lee, requested an oral report on this matter. City Manager Lee reported that the City would be providing reimbursement funds to members of the Chamber of Commerce (already approved as the legal advertising arm of the City) who will be setting up the booth to advertise at the State Fair. Mayor Seeman reported that this activity will be for seventeen days; from October 19 through November 4 and asked if there were any questions. Reg. Meeting/Sept. 19, 1979 Page 6 Councilman Burgess asked if the people setting up the booth would be using their own private vehicles for transportation. Mayor Seeman indicated that the people setting up and staffing the booth would be using private vehicles and that the City is planning to help them by reim- bursing them for gas mileage. Councilman Burgess asked how this would be controlled.He also reported that over the last four years the Chamber has reimbursed these members. Mayor Seeman reported that the City had been asked by the State Fair to rent the booth and that the Chamber would be providing the necessary facilities to set up the booth and the City would help by renting the booth. City Manager Lee reported that the method used in reimbursing the people working on the State Fair booth would be the issuance of a properly signed and certified travel voucher, paying 17C per mile from Apache Junction to the Fair site and return.They would have to initiate the forms as employees. Councilman Hill asked if these people would be going in a car pool. City Manager Lee reported that it is his understanding that they are going to volunteer some trucks to transport whatever they have to. Mayor Seeman indicated that there should be some ceiling on what the City should allow in the way of reimbursement; X number of dollars, not to exceed a certain amount. The Mayor also reported that the Chamber stated not all people want reimbursement, but felt it was easier to get people to work at the Fair if they could be promised reimbursement for their gasoline. Mayor Seeman asked the Council if it was agreeable to them to put this matter on the next regular meeting Agenda, giving the City Manager time to look into it and meet with the Chamber to see what was reasonable. There was general approval among the Councilmembers. SUPERSTITION VILLA STREET IMPROVEMENTS ) Mayor Seeman requested City Manager Lee to address this matter. Reg. Meeting/Sept. 19, 1979 Page 7 City Manager Lee reported that this is a standard procedure which was previously the responsibility of the County and, after incorporation, the City assumed that respon- sibility to accept the streets within a subdivision, provided they meet all of the Standards.In this case, the County did certify that the streets did meet the Standards and recommended that we accept them.The City does have recourse within a year for any faulty problems. Councilman Burgess MOVED that the Council approve acceptance of the recently completed streets in the Superstition Villa Subdivision insofar as they meet the County Standards. Vice -Mayor Granillo seconded the motion. VOTE: UNANIMOUS The motion carried. EMPLOYEE MEDICAL INSURANCE Councilman Eidson reported that it had recently been brought to his attention that City employees, at present, have to be employed for six months before they have hospital insurance. He felt it was taking advantage of the employees to allow this since six months is too long for employees to go without medical insurance.He suggested that it be changed to, at the most, 60 days and since we have at least ten employees now, we should be able to get good rates.We have four bids from insurance companies. Councilman Eidson requested the City Manager to express himself on this matter. City Manager Lee called upon the City Attorney to speak in this regard. City Attorney Goodwin reported that the City Council had directed her to request the insurance consultant to provide bids on health insurance for City employees. There were four responses; Saint Paul, State Mutual, and two from Travelers (they have two plans). They are all four major medical policies. The cover letter in the packets explained areas that were not included in the capsule report.Our insurance consultant recommended that Saint Paul be selected as the carrier and that the policy be purchased from Saint Paul. The figures listed next to Employees and Dependents, and next to Total Employees and Total Dependents, were based on the time when we had only five employees and four dependents.It is understood that the City now has ten employees and an unknown number of dependents.The per month cost is approximately $43.00 per employee and the employee insurance will be paid half by the City and half by the employee, if the employee elects to take it. Reg. Meeting/Sept. 19, 1979 Page 8 City Attorney Goodwin reported that the City has two issues to consider.One is to amend the Personnel Policies so an employee on probationary status is eligible for health insurance and the second is which carrier they would like on the health insurance.It can be effective almost immediately. Councilman Burgess reported that he also felt six months is too long, stating that where he presently works it is 45 days for the initial employee and 90 days for a person's family. He suggested that the City look into something similar. It was pointed out by Vice -Mayor Granillo that this plan is under a labor contract. Vice -Mayor Granillo reported that other concerns, other than City employees, do not even compare to these plans.Companies such as Montgomery Wards, Sears, and others, all have to wait at least 6 months.He agreed that 6 months is a long time, but that the individual is subject to dismissal within the 6 months probation period and the City would be responsible for that employee and his family during that time. Mayor Seeman reported that she felt that 6 months is a little long and suggested that the time be split down the middle to 90 days. Councilman Eidson reported that in order to attract top notch personnel for our City, a better policy should be adopted. Vice -Mayor Granillo MOVED to amend the personnel policies of the City of Apache Junction to provide that after 90 days of employment, probationary employees may be eligible for any health insurance program adopted by the City Council. Councilman Hill seconded the motion. There was further discussion on what it may cost the City if an employee on probation were to incur medical expenses prior to his leaving at the end of his 6 month probationary period if he were already covered. VOTE: 4 yes - Mayor Seeman, Vice -Mayor Granillo, Councilman Hill, Councilwoman Shanks 3 no - Councilman Burgess, Councilman Damiano, Councilman Eidson The motion carried. Reg. Meeting/Sept. 19, 1979 Page 9 Mayor Seeman asked the Council if they wished to choose the plan at this time. There was further discussion regarding the different policies, costs, number of employees, and adjustments to policy. City Clerk Ballard reported that when she was asked by the Council last April to request bids, there were only three employees on board and the rates were very high. At the present time there are only three that have been here 6 months or more.No one else would be eligible, therefore, the cost would be extremely high at this time. In replying to Council's questions, we have five employees on board for 60 days and the two public employees have been employed for 30 days. Mayor Seeman directed the County Attorney to meet with the insurance companies and report. She also requested the City Clerk to place this item on the Agenda for October 3rd. INDUSTRIAL DEVELOPMENT AUTHORITY )City Manager Lee called upon Mr. Don Rishell to explain how the City can profit from his proposition. Mr. Don Rishell, President of A & B Associates in Westchester, PA, retained on a consulting basis by E.T.S. Metro, a shopping center developer out of Los Angeles, CA, proposed to the City Council the forming of an Industrial Development Authority for the City of Apache Junction, which will help with the development of a 5.8 million dollar shopping center at Apache Trail and Meridian Drive.It would supply approximately 200-300 jobs for the area.Estimated sales revenue would be approximately $15,000,000 in about 1-11/2 years. The proposed Industrial Development Authority is a public non-profit corporation, formed for developing and promoting business and industry within the community. The Association will pay for all expenses of the City and all of the expenses related to any Bond issues, supporting of the authority, and forming of the corporation. They are prepared to begin construction as soon as the City accepts their proposal. The Council members asked questions; the City Attorney asked for more detailed information regarding bonding and the relationship between the special development authority and board of directors of the non-profit corporation and the actual project.She also indicated that it was her understanding that Pinal County was originally approached with this offer and turned down this proposal.This was confirmed by Mr. Rishell.He discussed the reasons for this and explained more about the method of financing.Mr. Rishell said he would supply the Mayor and Council with a copy of the report of Pinal County's refusal. Reg. Meeting/Sept. 19, 1979 Page 10 Mr. Joe Saggio asked Mr. Rishell if the shopping center goes broke and there are not enough assets to cover the bonds, who then, if not the City, is responsible.Mr. Rishell reported that it is the person who guaranteed the bonds that is responsible and if there is not enough revenue at that point,it is sold just like any conventional real estate project. The City would never be obligated.Mr. Rishell further explained Title 10, a financial institute to issue bonds free from Federal taxation and Budget Law. Bond Issues must go to an election. Mayor Seeman requested anyone else that has questions regarding this matter, please see the City Manager or herself for further information. Vice -Mayor Granillo MOVED that the Council recess for 10 minutes. Councilwoman Shanks seconded the motion. VOTE: UNANIMOUS The motion carried. Mayor Seeman brought the meeting to order after a short recess. ORDINANCE GOVERNING PUBLIC PLACES AND ENTERTAINMENT (FOR DISCUSSION ONLY)) Councilman Eidson reported that he would request City Attorney Goodwin to read the Ordinance she drafted regarding this matter, but first had a couple of additions he would like her to make.First, he reported that he has three daughters in Apache Junction and he would rather they did not have to live in a community that allows things like strip- tease shows or anything of this nature. He felt these things breed homosexuals, drugs, assault and, in some cases, murders.It is an atmosphere that he and his family would rather not live in. If we have five or ten percent of the people who want to take part in these things, let them go elsewhere. In addition, Councilman Eidson requested the City Attorney to revise the Ordinance to also cover the selling of obscene literature and the selling and showing of obscene movies and films. City Attorney Goodwin reported that they looked into other ordinances in the State of Arizona and found that most small cities do go by the liquor law regulations for this, but several cities do have, in addition to that, their own ordinances governing the operation of certain public places. Four of them Phoenix, Scottsdale, Tempe, and Tucson have an ordinance that is almost identical in every respect. Reg. Meeting/Sept. 19, 1979 Page 11 City Attorney Goodwin also reported that there were some changes that should be made and read them as follows:Paragraph #1, about half way down should read ...as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the bare female breast or breasts are not firmly covered below the top of the nipple by a braissiere consisting of a fully opaque material, is guilty of a misdemeanor. Paragraph #3 would include the same change as above. Paragraph #6 should read: Any person who touches, caresses, or fondles the breasts, buttocks, anus, or genitals of another who is entertaining or performing any dance or in any play, exhibition, show or other entertainment is guilty of a misdemeanor. City Attorney Goodwin read the Ordinance caption as follows: AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING SECTION 10-1-22 RELATING TO THE OPERATION OF CERTAIN PUBLIC PLACES OF ENTERTAINMENT. The City Attorney requested that the proposed changes be added and the Ordinance be retyped by the City Clerk's office and have on file for public observation. It was also pointed out by the City Attorney that the City does not have unlimited powers to regulate this ordinance; that they have First Amendment problems, but the City does have power to protect the health, welfare, and safety of its citizens. CLAIMS (LIST OF BILLS) )Councilman Damiano asked if the six stop signs were new or replacements.Councilman Hill reported that they are new. Councilman Damiano reported for the information of the citizens that these signs cost $312.60, which amounts to approximately $51.00 each and he has personally seen a young boy take a stop sign one night near his home. He urged the citizens to report any theft of these signs. There were other questions regarding the cost of the legal notices and fire extinguishers. Reg. Meeting/Sept. 19, 1979 Page 12 Vice -Mayor Granillo MOVED that the unpaid bills be paid to bring the City up to date to September 14, 1979 in the amount of $47,142.56. Councilman Hill seconded the motion. VOTE: UNANIMOUS The motion carried. CONSIDERATION FOR A LARGER BUILDING ) )Councilman Hill reported that the Superstition Inn is for sale and might be of use to the City. Vice -Mayor Granillo reported that the Superstition Mountain Elementary School Superintendent has offered to let us use the School facilities for Council Meetings. There would be, however, a possibility of conflict with school programs. It was suggested that someone meet with the Superintendent to discuss a schedule. Mayor Seeman instructed the City Manager to research the matter and report back at the next regular meeting. INFORMATION AND REPORTS ) )Councilwoman Shanks reported on the Senior Citizen Health Fair and commended the health services of Pinal County and Maricopa County on a job well done. City Manager Lee explained, in regard to the information report, that in time, when we develop our departments, we will include activity reports from the departments. REQUESTS OF COUNCIL ) )Councilwoman Shanks proposed a meeting of the Off Road Vehicle Ordinance Committee on Wednesday night. Councilman Eidson requested that the matter of employee physicals be placed on the next agenda for discussion. Mayor Seeman MOVED that the City Council remove, for good cause, Joe Saggio from the Planning and Zoning Commission.Mr. Saggio will be afforded a post -termination hearing if he so requests in writing within seven days, and that said hearing will be held in Executive Session. seconded the motion. Vice -Mayor: Granillo Regular Meeting/Sept. 19, 1979 Page 13 VOTE: UNANIMOUS The motion carried. ADJOURNMENT )Vice -Mayor Granillo MOVED that the meeting be adjourned. seconded the motion. VOTE: UNANIMOUS The motion carried. at 8:50 p.m. Approved this 2'day of ATTEST: ISABEL C. BALLARD, CMC City Clerk Councilman Damiano Meeting adjourned , 1979.