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HomeMy WebLinkAbout1998-12-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 15,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 15,1998,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Durbala led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Paul Stears Public Works Director Doug Dobson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:THE ENTIRE STAFF OF THE PUBLIC WORKS DEPARTMENT;AND THAT DEVELOPMENT SERVICES DIRECTOR GLEN VAN NIMWEGEN BE APPOINTED TO SERVE AS THE REPRESENTATIVE TO THE PINAL COUNTY ENTERPRISE ZONE COMMISSION:AND THAT THE NOTIFICATION OF THE SELECTION OF THE CITY OF APACHE JUNCTION TO RECEIVE A STATE HOUSING FUND AWARD IN AN AMOUNT UP TO A TOTAL OF $100,000 BE ACCEPTED;AND THAT RON REINAGEL BE APPOINTED TO REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 1 OF 9 SERVE ON THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2002;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR VOTER REGISTRATION AND ELECTION SERVICES FOR THE 1999 CITY ELECTIONS BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A 1999 DODGE HALF TON PICK-UP TRUCK FROM BILL LUKE DODGE VIA STATE CONTRACT IN THE AMOUNT OF $14,484.59 INCLUDING TAX AND THE PURCHASE OF A 1999 FORD TAURUS 4 DOOR SEDAN FROM BERGE FORD VIA STATE CONTRACT IN THE AMOUNT OF $14,547.37 INCLUDING TAX WITH BOTH VEHICLES BEING FOR THE PARKS AND RECREATION DEPARTMENT;AND THAT THE PRESIDING MAGISTRATE EMPLOYMENT AGREEMENT BE APPROVED AND AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF FOUR VEHICLES FOR THE POLICE DEPARTMENT UNDER STATE CONTRACT;A 1999 DODGE INTREPID FROM HEALY AUTO CENTER IN THE AMOUNT OF $17,708.48;A 1999 DODGE DURANGO FROM HEALY AUTO CENTER IN THE AMOUNT OF $26,081.65;A 1999 FORD POLICE INTERCEPTOR P71 FROM BERGE FORD IN THE AMOUNT OF $20,794.01 AND A 1999 KAWASAKI POLICE MOTORCYCLE FROM VALLEY KAWASAKI IN THE AMOUNT OF $10,448.82 FOR A GRAND TOTAL OF $75,032.96 INCLUDING TAX. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook reported the council/staff retreat has been set for Saturday,January 16th.It will be handled by Peggy Fiandaca and PSA and it is scheduled for all day.A preliminary goal exercise will be given to the council in the next week or two.It is tentatively scheduled to be at the Grand Hotel. PUBLIC HEARINGS APPLICATION FOR A CLASS A BINGO LICENSE FOR ROCK SHADOWS ACTIVITY OFFICE )City Clerk Kathleen Connelly briefed the council on the item.This is for a second bingo license for this REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 2 OF 9 location.The applicants had been notified of the hearing and are present to answer any questions. Mayor Coleman requested the applicant address the council. Mr.Dave Kent,the activity director of Rock Shadows,addressed the council.He commented it is their second year over there.They have done some changes and they are requesting a second bingo license so that they can facilitate weekly bingo sessions.A Class A license is limited to a dollar amount and they are approaching that amount. The bingo commission recommended they get a second license so that they could function part of the season on one license and go to the second license for the remainder of the season.This would allow them to stay in compliance with state law. Mayor Coleman opened the item to council discussion. Vice Mayor Surra stated he had answered her question as to why the second license was needed.She asked if the games were open to the public. Mr.Dave Kent stated they are open to their park residents only. Vice Mayor Surra asked if they would know if anyone from outside the park had attended. Mr.Dave Kent stated they cannot purchase a packet unless they have a Rock Shadows name tag.He added they have turned people away. Councilmember Eck commented they probably turned away many of them. Mr.Dave Kent stated most of them already know.The parks that have open bingo advertise for open bingo;their park does not advertise.All of the residents know it is just for their park and they feel it is fair for their people to support their program due to the size of their park.They should benefit from it,not someone from outside the park. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 3 OF 9 Councilmember Dietz MOVED THAT THE SECOND BINGO LICENSE APPLICATION SUBMITTED FOR ROCK SHADOWS ACTIVITY OFFICE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. COUNCIL LIAISON APPOINTMENTS )Mayor Coleman proposed that Councilmember Dietz take Virginia McClain's assignments and that he replace Councilmember Insalaco on the Apache Junction Main Street Program as liaison. Councilmember Durbala defended his not being at the Planning and Zoning Commission meetings.The duties and responsibilities of the liaison,under city code,do not require the liaison to attend the meetings.There is no job description in the city code for the liaison.He questioned whether the liaisons to most of the city boards and commissions were really needed.He believes the ones really needed are those organizations outside the city. Vice Mayor Surra stated they did discuss during the work session that there is no description in the code for the duties or responsibilities of a liaison. Councilmember Durbala asked if any decision had been made to do away with the city boards and commissions. Councilmember Eck stated there had been no decision. Councilmember Durbala commented he had wanted to verify that the mayor had stated during the work session that liaisons were not required to attend the meetings.He wanted to make it a matter of record. Mayor Coleman stated if you look at those sections,it only states that the liaison is supposed to promote and enhance communication.The section states they cannot be a lobbyist for any particular organization. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 4 OF 9 Councilmember Durbala asked if there were any recommendations on possibly doing away with the city boards and commissions and just leaving the other organizations. Councilmember Eck commented he likes it the way it is. Mayor Coleman suggested leaving it like this for now and then discussing any changes at another time.He added they will •be doing away with the Neighborhood Program liaisons as the public information specialist takes care of that program in-house. There was general discussion on how the motion should be made. Vice Mayor Surra MOVED THAT WE ACCEPT YOUR RECOMMENDATION FOR THE LIAISON APPOINTMENTS FOR COUNCILMEMBER DIETZ,THAT IT BE RATIFIED,AND THAT THE WITHDRAWAL OF THE NEIGHBORHOOD PROGRAMS ALSO BE APPROPRIATE SINCE IT IS NOW AN IN-HOUSE PROGRAM AND FUNCTION. AND A CHANGE TO THE MAIN STREET APPOINTMENT FROM MR.INSALACO TO MR.DIETZ BE RATIFIED:THE CHANGE WAS A REQUEST FROM MR.INSALACO. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-40/OFFICIALLY ADOPTING THE DEPARTMENT OF ECONOMIC SECURITY JULY 1,1995 POPULATION ESTIMATES) )City Manager Curtis Shook briefed the council on this item.The cities in Pinal County and the county have discussed state -shared and county -shared revenues.Part of the discussion revolved around the mid -decade census figures.He is not certain that the council needs to ratify these figures,but he asked them to do so in order to make them part of the public record.The resolution can be used in further discussions regarding county -shared revenues. Mayor Coleman opened the item to council discussion. Vice Mayor Surra believed that adopting and recognizing those figures should be important and on the record. She MOVED THAT RESOLUTION NO.98-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA OFFICIALLY ADOPTING THE JULY 1,1995 DEPARTMENT OF ECONOMIC SECURITY POPULATION ESTIMATE FOR THE CITY OF APACHE JUNCTION,ARIZONA,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 5 OF 9 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION USE OF "LEGISLATIVE INTENT"LANGUAGE FOR CITY DOCUMENTS SUCH AS ORDINANCES, RESOLUTIONS,CONTRACTS,ETC. )Councilmember Eck briefed the council on the item.He believes it would be a very good idea to include this language on ordinances.He has since learned that the city attorney has been doing this since his hire.However,he would like to get it approved that this be required in the future as policy. Vice Mayor Surra asked if they should go back and revise the others as they come up for program review.The purpose would be outlined but not necessarily the intent. City Attorney Joel Stern stated it would depend on how far back they would wish to go.Since he has been here, legislative intent has been included on all the ordinances. Vice Mayor Surra stated she meant whenever they were up for review,as in something being added to them. City Attorney Joel Stern commented it would just be part of the new ordinance. Vice Mayor Surra suggested it could also be used when a new section is adopted but not necessarily a new ordinance is adopted. City Attorney Joel Stern stated they could have a separate whereas clause. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE USE OF "LEGISLATIVE INTENT"LANGUAGE FOR CITY DOCUMENTS SUCH AS ORDINANCES,RESOLUTIONS, CONTRACTS,ETC:WHERE APPROPRIATE,THAT THESE DOCUMENTS HAVE A SECTION AND/OR A WHEREAS CLAUSE OR CLAUSES,STATING THE PURPOSE OR LEGISLATIVE INTENT AS DETERMINED BY THE CITY ATTORNEY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 6 OF 9 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JANUARY 4,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY. AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 5, 1999,IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala wished everyone a Merry Christmas. Mayor Coleman commented he had the opportunity to go to New Orleans with some other teachers and he does not believe they have adopted our sexually oriented business ordinances.He suggested the city might want to send them a copy. It is an entirely different world. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:24 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 1,1998. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Public Works department staff. 4.Appointment of Development Services Director Glen M.Van Nimwegen to serve as representative to Pinal County Enterprise Zone Commission. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 7 OF 9 5.Notification of selection of City of Apache Junction to receive State Housing Fund award. 6.Appointment of Ron Reinagel to serve on Superstition Mountain Community Facilities District No.1 Board of Directors for a term to expire July 7,2002. 7.Consideration of Intergovernmental Agreement with Pinal County for Voter Registration and Election Services for the 1999 city elections. 8.Approval and authorization to proceed with purchase of one (1)Dodge Ram 1500 pickup and one (1)Ford Taurus passenger car from state contract for Parks and Recreation Department. 9.Consideration/approval of employment agreement with presiding magistrate. 10.Approval and authorization to proceed with purchase of four (4)vehicles through Arizona State contract for Public Safety Department use as follows:1)1999 Dodge Intrepid and 2)1999 Dodge Durango (both for Detective Division);3)1999 Ford Police Interceptor P71 (for Patrol Division);4)and 1999 Kawasaki Police Motorcycle (for Traffic Unit). ACCEPTED THIS TH DAY OF JANUARY ,1999,BY THE MAYOR AND CITY COUNCIL OF THE_CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF JANUARY ,1999. DOUGLAS ulLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 8 OF 9 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 15th day of December,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of December,1998. laiRLEEN—L -NM City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15,1998 PAGE 9 OF 9