HomeMy WebLinkAbout1979-01-10 City Council Regular MinutesRegular Meeting of City of Apache Jct. City Council
January 10, 1979
ATTENDANCE:
The meeting was called to order at 7:00 p.m. with the Pledge of
Allegiance by Mayor Roy Hudson.All Council Members were present.
REVIEW OF MINUTES:
Mayor Hudson asked for Council approval to postpone reviewing the
minutes of the last meeting until next week as these minutes are
not yet prepared.Virginia Seeman made the motion to postpone
acting on the minutes of that meeting.After a roll call vote
the motion passed una4mously.Mayor Hudson made his report.
REQUEST FOR PROPOSAL--CAAG:
Mayor Hudson introduced Jeff Gongoll of Central Arizona Assoc-
ia7;ion of Governments (CAAG).Mayor Hudson stated Mr. Gongoll
was helping in the city office at no cost to Apache Junction.
Mayor Hudson stated Mr. Gongoll was very experienced and had all
the information at his disposal to help us get started.Mayor
Hudson then turned the floor over to Mr. Gongoll.
Mr. Gongoll passed out to each councilmember a "Request for
Proposal".Mr. Gongoll stated this is a formal request that must
be filled out by any agency asking for federal funds through
the Comprehensive Employment Training Act (CETA).Mr. Gongoll
asked the council to consider this proposal and act on it at this
meeting.It must be approved by the Manpower Committee of CAAG
January 16, 1979 (copy attached to these minutes).He stated it
then goes to the CAAG Regional Council.If they approve Apache
Junction has the funds for the three CETA positions asked for in
the proposal.Mr. Gongoll stated the forms had been filled out
with the help of Mayor Hudson by the CAAG representative.These
forms were filled out completely with great thought to the needs
of the newly -formed City of Apache Junction.
Mr. Gongoll explained how the fringe benefits were computed.
Mayor Hudson asked if there was a possibility of partial funding.
Mr. Gongoll said, "Yes, he believed so, but would have to check".
"It would be possible that only a part of the proposal would be
approved."A discussion was held on the proposal.It was point-
ed out that the time was short due to the January 16 deadline.
After discussion of the salaries it was explained by Mayor Hudson
and Mr. Gongoll that the three positions involved were over a
nine month period.Mr. Gongoll asked the council that a repre-
sentative from the council be at the Manpower Meeting on January
16.Mayor Hudson then asked for a motion.Mayor Hudson explained
that if it is approved we are under no obligation to use the funds.
Vice -Mayor Granillo made the motion that we submit the "Request -
for Proposal" to CAAG for approval.Councilman Seeman seconded
the motion.A roll call vote was held and it passed unanimously.
Regular Meeting cont'd
January 10, 1979
Page 2
Vice -Mayor Granillo made the statement that he felt it was the
reponsibility of the council member who headed the committee
to make the motion on each individual item.Mayor Hudson ex-
plained the reason for the rush on this particular item which
the "Request for Proposal."He had spent a half a day in
Florence helping them get this completed due to the time ele-
ment.The salaries were based on the salaries used by CETA in
the area --for instance, at the school.Mayor Hudson explained
that he was familiar with the CETA program after having worked
with it at the school.mayor Hudson said -hesunderStood the
Councils' concerns, but he felt he had expert help and exper-
iance involved.Mayor Hudson explained that any CETA employee
who is not satisfactory could be terminated at any time and any
position could be dropped at any time because these funds were
in demand by other agencies.Mr. Gongoll then passed out to the
Mayor and Council members some information for the Council's
consideration.This included some suggestions for letterheads
for the stationery of the City of Apache Junction.
CENSUS:
Mr. Gongoll stated the City had received its' formal incorpor-
ation papers from the Board of Supervisors.He stated these
papers and the letter from the Board of Supervisors was needed
to get the census underway.These papers have been forwarded
to the Bureau of Census, Washington, D.C. along with a map of
the incorporated area.This was done by Council member Shanks.
Mr. Gongoll said that after this was done and the forms reached
the destination they would then be forwarded to the regional
office which was Denver.The Denver agency would act upon it.
He explained that a representative of the agency from Denver
would personally come down to Apache Junction and start the census.
TENTATIVE BUDGET: PUBLISHING:
Mr. Gongoll then addressed the subject of publishing a tentative
budget.After research, he had found it was to be published two
times prior to the meeting discussing the budget.He informed the
council this would be no problem as there was time to publish two
times before the public hearing.It wa3published today, January
10, 1979 and would be published Wednesday, January 17,1979.
MARCH ELECTION. CANDIDATES CONTRIBUTIONS AND EXPENSES:
Mr. Gongoll said that he had some inquiries from the Council
regarding forms that had to be filled out for the candidacy for
City Council for the election in March.Mr. Gongoll stated there
was one form that had not been received or had not been passed
Regular Meeting cont'd
January 10, 1979
Page 3
out and probably had not been understood.He said this was the
form that showed the contributions and expenses for candidates
for office.He has called the Secretary of State's office and
asked them to send him some of these forms.They should be
arriving soon.
GRANTS SEMINAR:
Mr. Gongoll announced there would be a Grants Seminar held on
Friday, January 26,1979 at the CAAG office.He suggested that
a representative from the City Council, preferably a council
member, attend this seminar.He then introduced Adam Mysaguirre,
who is in charge of helping this area receive grants.Mr.
Gongoll, CAAG Area Coordinator, concluded his report.
INSURANCE COVERAGE:
Mayor Hudson continued his report.He asked Lynn Benson, the
representative from O'Donnell Insurance Agency at Superior, to
report on the status of liability insurance.Mr. Benson an-
nounced that he had received a lower quote from the Home In-
surance Company.The new quote was for $5,000 instead of the
$8,000 plus that was asked for by the previous company, In-
surance Company of North America.He said the Home Insurance
Company would be willing to make this effective as of last
Wednesday, January 3, 1979,therefore eliminating the need for
the temporary binder that was placed.Council member Burgess
asked if this had the same coverage as the previous policy
discussed.Mr. Benson said "NO, not exactly".He felt, as
an insurance agent, that it would be adequate coverage.He
•stated it would cover highways, roads, bodily injuries, etc.
Mayor Hudson asked if it would cover employees and council
members.Mr. Benson said it would.Mayor Hudson then asked if
it would still be $5,000.Council member Peck asked the number
of months."Would it be five or six months?"Mr. Benson
stated that it would be for the six months.He stated the Home
Insurance Company was the prime writer for the minimum pre-
mium for initial municipalities requiring insurance.He stated
this was the rock bottom figure he had received.
Mr. Claire Lame, Attorney from Tempe, asked to be heard.Mr.
Laine was in the audience to present the services that his firm
can provide specifically for newly -incorporated cities like
Apache Junction.In the past his firm has helped the town of
Guadalupe and Prescott Valley start in their incorporation.
Mr. Laine stated he felt the city did not need such extensive
coverage and he was familiar with what they did need.He would
like to talk to Mr. Benson and make some suggestions.Mr.
Benson said that he would very willingly accept any information
that Mr. Laine could give him.Mayor Hudson closed his report.
Regular Meeting cont'd
January 10,1979
Page 4
STANDING COMMITTEE REPORTS:
Vice -Mayor Granillo had contacted Bob Jones, a local attorney.
Mr. Jones was not interested in acting as attorney for the City
of Apache Junction.Mayor Hudson then asked for standing
committees' reports.
Council member Peck reported at this time he had nothing to
report.The hearings were set up on the zoning and had been
advertised and would be heard at the next meeting.
PARKS AND RECREATION:
Council member Burgess announced there was. to be a meeting at
his home at 349 S.Saguaro in Apache Junction concerning areas
for parks and recreation.He invited anyone interested in
giving input to attend.This meeting would start at 7:00 p.m.
ENFORCEMENT OF FEES:
From the audience, Richard Damiano, made a report to Thomas
Damiano, Council member.Richard has done research on business
licenses and the rate to be charged.He presented to council
member Damiano a list of suggested taxes.At this time, from
the audience, Attorney Laine, explained that he felt from ex-
perience the council was acting prematurely because they (the
Council) did not have backing to enforce any fees they might
impose.Audience member, Mr. Cookie Parks, asked when did he
propose to enforce and how would he enforce these?He also
stated at this_time he felt the City did not have a way to en-
force such collections.Mayor Hudson then stated this was just
a recommendation, they had just been doing ground work, and had
asked Mr. Richard Damiano to work with council member Damian()
in getting some background.
SALES TAX:
Vice -Mayor Granillo then approached the subject of sales tax.
He asked Attorney Laine if this applies to sales tax also.
Attorney Laine said, "No, sales tax is a different situation.“
He stated the State would collect the sales tax for the City
and distribute it to the City and do all the paperwork.There
would be very little work involved for the City of Apache Junction.
Mr. Laine said that was certainly the way to go in his opinion.
Council member Damiano suggested that this be tabled until the
next hearing so that he could stuay the material presented to him.
Council member Shanks suggested that Council member Damiano
correlate his findings with Attorney Laine.
Regular Meeting cont'd
January 10, 1979
Page 5
1
Council member Damiano said there was a conflict of meeting dates
with the Planning and Zoning Board.Mr. Parks, from the audience
said there was only one conflict and that was on the zoning hear-
ing of the Green -Gonzales property north of University.Mr.
Parks stated that the 30 days had been set and the hearing would
be before the next Council meeting and would not allow the Council
to give input.Mayor Hudson stated he had talked to Terry Smith
at Planning and Zoning at the County and he had not understood.
Mayor Hudson stated that Terry Smith had already been to the
County Attorney's office.The Mayor said that the option at this
time was for either the City of Apache Junction to take over the
zoning or to let the County do it.He felt we had to It the
County do it at this time.It was stated that someone is going
to represent the Council at the hearing and the Council had been
told the hearing was on the 19th.Mayor Hudson said that he
talked to the Assistant County Attorney and they had agreed they
would go ahead and have their meeting and the Apache Junction
City Council would have their meeting at the time they had de-
cided, which was the 17th.Mayor Hudson was asked if the Board of
Supervisors had sent him a letter requesting information on it.
Mayor Hudson repeated again, "We had asked people to attend that
meeting."Richard Damian() said he would be at the meeting.
Mayor Hudson stated that if we push Planning and Zoning at Florence
on this matter they are just going to turn it over to the City
of Apache Junction.He questioned the advisability of this.
Mayor Hudson said that anyone that was at the meeting and heard
the City Council meeting of Apache Junction set the date for their
hearing, they should have spoken up then and not wait until after-
wards.Mayor Hudson said he would leave this up to the Council.
If they wanted to move their meeting date up that would be all
right.
Mayor Hudson asked the Council if they felt there was a mistake
on the hearing.Council member Seeman said she would like to
look at the original letter to see if we did make an error on our
date.She said they had set the 17th because of the date on the
letter.Vice -Mayor Granillo said he thought it was immaterial as
to the date that was on the letter.He felt the Council should
be represented.Council member Granillo thought Council member
Damiano should have someone at the meeting to represent the City
of Apache Junction.Mayor Hudson said Council member Damiano had
already stated that he would have someone at the hearing.
It was suggested by Joe Saggio, from the audience, that the City
Council write a letter to the Planning and Zoning Committee ask-
ing them to withhold any decision until they have the input from
the City council of Apache Junction.Council member Peck asked
Council member Damiano to make a motion.Council member Peck
said if Council member Damiano did not want to make a motion
they would let it stand.
Regular Meeting cont'd
January 10, 1979
Page 6
Richard Damian°, from the audience, stated he had told the Plan-
ning and Zoning Committee that he would present the recommendation
from the Apache Junction City Council at the hearing.Richard
Damiano stated the Planning and Zoning had already made their
decisions and they were going to report to the Board of Super-
visors and that the Board of Supervisors also wanted the recom-
mendation from the Apache Junction City Council.Mayor Hudson
said he felt it was up to Vice -Mayor Granillo to handle it and
felt he was on top of the thing and doing a good job and should
be allowed to continue from that point.Council member Seeman
made the motion that we refer this metter to Council member
Damian°.Vice -Mayor Granillo seconded the motion.A roll call
vote was taken and passed unanimously.
Mayor Hudson asked Council member Seeman for her report.
Council member Seeman reported that her immediate concern was the
Magistrate Court, the employees, etc.She understood the employ-
ees were Mayor Hudson's responsibility.Council member Seeman
said she felt it was a good idea to put a Magistrate Court into
operation as soon as possible.
WARRANTS, PURCHASE ORDERS:
Vice -Mayor Granillo said he had a report of a meeting that was
held today at the Copper State Bank.Present were Bill McDaniel,
Bob DeBow, Mayor Hudson.This group of people met to discuss
warrants and a resolution that was produced at the meeting (see
attached copy).Vice -Mayor Granillo made the motion that we re-
scind any and all previous signature cards regarding this letter
and the copy of the above motion be accepted. Council member
Seeman seconded that motion.
VOUCHER SYSTEM:
Council member Shanks stated that she felt instead of a purchase
order ±t should be by voucher.She felt the voucher system was
the best system.Council member Shanks stated that she was ques-
tioning the wording of the resolution and not the method.Council
member Seeman explained that the bank had suggested the system,
that many places used this system.Council member Shanks said
that she understood this, but she did not like the wording of the
resolution.Council member Seeman called for the question.A
roll call vote was held.All Council members voted "Yes", with
the exception of Council member Shanks, who voteluNon.The bank
card was signed.
Vice -Mayor Granillo continued his report.Vice -Mayor Granillo
passed out an ordinance concerning the one percent sales tax.
He said that he had expert advice from the Arizona League of
Cities and Towns and the Council.Vice -Mayor Granillo said he had
a report of resolution (see attached copies). Vice -Mayor Granillo
made the motion that the Council adopt this resolution.Council
member Peck seconded it.
Regular Meeting contla
January 10, 1979
Page 7
SALES TAX:
Mayor Hudson called for any questions from the council.Vice-
Mayor Granillo said the city needs the money to operate and for
every month that this was postponed the City was losing between
$18,000 and $20,000 revenue.This resolution comes within the
statutes of the State of Arizona and he once again moved that
we adopt this resolution.
susan Goodwin, an attorney, asked to speak from the audience.
She stated her firm had helped form this resolution and they had
a concern.This was a type of disclaimer from her firm.she was
not sure of the needs for Apache Junction..Sne felt it should be
reviewed with the needs of Apache Junction taken into consid-
eration.vice -Mayor Granillo said he would like to remind the
Council that this resolution could be amended or rescinded, or
eliminated at any time.Attorney La]he, stated this resolution
was only considering a sales tax, not adopting it.Attorney
Laine said that for that amount of money at stake they should
not waste time and should pass the resolution.A roll call vote
was taken and passed unanimously.
HEARING DATES:
Vice -Mayor Granillo said they should agree on a date for the
hearing on the proposed one percent sales tax.Attorney Laine
suggested two hearings.Council member Seeman suggested January
24 1 1979 and January 31, 1979 as the open meetings on the one
per-sent sales tax.Vice -Mayor Granillo made the motion to amend
the resolution concerning the sales tax to indicate the date of
January 24, 1979 anu January 31, 1979 as the open meetings.
Council member Seeman seconded the motion.It pass unanimously
with a roll call vote.
LIQUOR APPLICATION FEE:
Vice -Mayor Granillo presented a check for $100.00 from Skagg's
as payment for a liquor application.
EMPLOYEE POSITION RECOMMENDATIONS:
Council member Shanks presented to the City Council some materials
from her committee for recommendations for the code for the City
of Apache Junction, also the employee position recommendations.
She said these documents were for the Council's review(see at-
tached documents).Council member Shanks asked the Council to
review these documents carefully because she was going to ask for
a decision on them at the next meeting.She asked this be placed
on the agenda.Mayor Hudson instructed the clerk to put this on
the agenda for next Wednesday.
Regular Meeting cont'd
January 10, 1979
Page 8
CENSUS REPORT:
Council member Shanks further stated that regarding the census
we would have to wait until we heard from Washington—there was
no further action that could be taken at this time.
REPORT FROM MAYOR HUDSON --APPLICATIONS:
Mayor Hudson continued with his report.He once again repeated
the request for applications from anyone that was interested in
any of the positions open with the City.They are being taken at
the offices at the County Services Building on any day between
8:00 a.m. and 4:00p.m.
USE OF STATE LAND:
Mayor Hudson stated they were going to have a hearing requesting
use of state land.He said they were considering an entire section
of land to use for a lease -type situation.Mayor Hudson stated
he had been invited to the hearing on Thursday morning, January
11, 1979.He would like input from the Council members regarding
this hearing.The land in question is the north side of Univ-
ersity close to Four Peaks School.The Chamber of Commerce is
going to ask for some of the land.He said he felt the City of
Apache Junction should ask for some of the land for future city
use.The Council agreed that he should see if there was any
way of acquiring some of the land; also of the City having control
of what is done with the land.
Attorney Laine told the City Council there was a regulation that
required the State Land Department give the City of Apache Junction
notice of any hearing of this type concerning state land.He said
the city should be put on notice of any application for state land.
Mayor Hudson stated we would have been notified had we been a
city back when these notices were sent out, but we weren't so they
did not notify us at that time.
Council member Seeman made the motion that Council member Damian()
write a letter of request to the State Land Department for the
forms to fill out requesting that the State Department notify the
City of Apache Junction any time any action is taken on state land
in the City of Apache Junction.Council member Granillo seconded
the motion.A roll call vote was taken and passed unanimously.
There was a break at 8:45 p.m.The City Council Meeting January
10, 1979 reconvened at 9:10 p.m.
POSSIBLE INCORPORATION PROBLEMS:
Attorney Clare Lame, from Tempe, spoke to the Counil on some of
the problems and some of the situations that they would meet in
incorporating the City of Apache Junction.He told them of some
of his experiences in helping Prescott Valley and Guadalupe in-
corporate.He also told them of the services his firm could
Regular Meeting cont'd
January 10, 1979
Page 9
provide, specifically for newly incorporated cities like Apache
Junction.Mayor Hudson suggested that Attorney Laine meet with
some of the Council.The Council could fill him in as to the
actions of the Council.
STATE COLLECTION OF SALES TAX:
Attorney Laine reiterated the State would do all the collecting
of the one percent sales tax.He stated that when the Council
began to consider the ordinance they should notify the state.
The State would gear up to collect the tax for the City.Council
member Granillo asked Attorney Laine if they would have to notify
each business individually when the ordinance was passed.Attorney
Laine said the State would_notify the businesses.The State will
give the City of Apache Junction a list of all the businesses
contributing.
Attorney Laine said it was very necessary that the City Council
watch their spending in the first six months and spend as little
as possible.Mayor Hudson stated he was aware of this and at this
time we were not spending any money.
Attorney Lathe stated the town manager, the clerk, and the treas-
urer could all be the same person.He said, however, at this
time they need a full-time person to get started.Mayor Hudson
stated we have some good applications for the position of town
manager.Attorney Laine said the title of the position was very
important.If the wrong title was given, it could cause you
headaches down the road.
ORDERS OF THE DAY: CORRESPONDENCE:
Mayor Hudson then brought up the subject of Orders of the Day.
The first one being correspondence.mr. Gongoll, from CAAG,sug-
gested any correspondence presented at the council meeting should
be researched before the presentation.council member Seeman made
the motion for the Mayor and Vice -mayor to pick up the mail and
research it before it is presented to the council.Council member
Shanks seconded the motion.A roll call vote passed it unanimously.
RELOCATION OF POST OFFICE:
Council member Shanks brought to the Councils' attention a letter
written by Cookie Parks concerning re -locating the post office.
Mayor Hudson suggested tabling this letter for the time being.
This letter had been sent to the Postmaster General with a copy
to the City Council.Mayor Hudson said he felt we should get a
little further along and get some legal advice before we get in-
volved in anything like that.He said he would like to delay
action and felt this was advisable for the Council.
Regular Meeting conted
January 10, 1979.
Page 10
Council member Shanks then asked about getting an edition of the
Arizona Revised Statutes.Mayor Hudson said he was in the process
of getting the books.Vice -Mayor Granillo asked if there was a
need.Mayor Hudson stated he definately thought there was a need.
Attorney Goodwin, from the audience, agreed with Mayor Hudson.
REVIEW OF APPLICATIONS:
Mayor Hudson stated there had been several applications filed for
different positions but there would be a personnel committee re-
viewing these applications before one is considered for any pos-
ition.At any time anyone was hired or was being reviewed to be
hired, the committee would present their recommendations to the
Council for the Councils' independent action.
NEW BUSINESS:
Mr. Gongoll, from CAAG made the recommendation that the petitions
for the election should be filed by Friday, January 26, 1979.He
only suggested this date for the Councils' recommendations.
Doris Matthews had put this notice in the paper previously for the
Council.Council member Shanks said she would give the information
to the individuals picking up the petitions.She said she would
see that these individuals received the financial disclosure forms
when they arrived.
After a question from the audience Mayor Hudson described to Doris
Matthews, of the Sentinel, definitions of the three positions
asked for through CETA.
ADJOURNMENT:
Council member Seeman made the motion that the meeting adjourn.
Vice -Mayor Granillo seconded the motion.A roll call vote passed
it unanimously.The Council meeting adjourned at 9:53 p.m.
Approved this-day of 1979 by the Mayor and City Council.
CITY CLERK