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HomeMy WebLinkAbout1995-03-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 21,1995 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 21,1995,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:07 p.m. INVOCATION Councilwoman Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilwoman Surra Staff Present:Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Acting Director of Devel.Servs./ Planning Mgr.Jim Nakagawa Associate Planner Rudy Esquivias Library Director Pam Loui Finance Director Keith Lewis Parks & Rec.Director Jeff Bell Building and Safety Mgr.Dale McKendrick Housing & Grants Spec.John Flumerfelt Others Present:Tony Vehon,chairman,Superstition Mt.Community Facilities District. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA )Councilwoman Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM 4 WHICH WE WOULD LIKE TO MOVE TO FOLLOW THE CITY MANAGER'S REPORT:AND THAT THE PROPOSED CITY MANAGER EMPLOYMENT AGREEMENT,AS DISCUSSED IN EXECUTIVE SESSION,BE APPROVED AND THAT CURTIS SHOOK BE SELECTED AS CITY MANAGER CONTINGENT UPON HIS ACCEPTANCE OF THE AGREEMENT. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented Certificates of Appreciation to volunteers for the Lost Dutchman Gold Tennis Tournament and to local students for their voluntary clean-up service to the community. CALL TO THE PUBLIC Tony Vehon addressed the council regarding current status of the sewer construction project. CITY MANAGER'S REPORT Interim City Manager George Hoffman gave an update on street improvement projects and informed the council that door handles at city offices were being replaced to make them easier to open according to ADA standards.He reported that management staff is spending a lot of time handling problems related to the sewer project. Mr.Hoffman reported that the Library Expansion and the Public Safety facility are near completion and that budgets for next fiscal year have been submitted by staff.He informed the council that the Youth Town Hall will be held on March 23 at John Calvin Presbyterian Church and that March 24 is the deadline for submitting applications for the sewer hook-up grant. APPROVAL TO ENGAGE PROFESSIONAL SERVICES OF DON LOEB AND CAMPANA,VIEH & STROHM, P.C.,OF SCOTTSDALE TO REPRESENT CITY IN ALL MATTERS RELATING TO CONSTRUCTION CONCERNS EMANATING FROM CONSTRUCTION OF WASTEWATER SYSTEM BY SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 )Mayor Perkins commented that city staff was spending a lot of time handling problems related to construction of REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 2 OF 10 the sewer system and suggested that the bill for these services be charged to either the district or Interwest Management.She recommended to include that in the motion. Councilman Perkins MOVED TO ACCEPT THIS PROPOSAL AT THE RATE OF $130 PER HOUR FOR DON LOEB AND $8.00 PER HOUR FOR MR.GORDON PETERMAN WITH A LIMIT OF $7,500 AT THIS TIME,WITH THE STIPULATION THAT THE CITY ATTORNEY RESEARCH THE POSSIBILITY OF BILLING TO INTERWEST MANAGEMENT OR THE DISTRICT FOR THE COST OF THIS ATTORNEY. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS ORDINANCE NO.925,AMENDING THE PERSONNEL POLICIES IN REGARDS TO REDEFINING THE WORK PERIOD FOR NONEXEMPT SWORN POLICE OFFICERS) )Chief Galloway explained that the overtime for nonexempt sworn police officer was defined differently than that for regular hourly employees.He further explained that this change in the personnel policies would make overtime more equivalent to everybody.He recommended to change the 171 -hour work period to 160 hours for nonexempt sworn police officers. overtime was set at 171 hours. maximum time allowed by FLSA and he did the only outstanding difference between city employees,as far as city policies change. SO. Councilman Coleman asked why the Chief Galloway answered that is the not know why it was chosen. Councilwoman Surra asked if this was police officers and the rest of the and procedures,that they needed to Chief Galloway answered he thought Interim City Manager George Hoffman explained there were other inherent differences between police officers and other city employees that they would not be changing. The council got clarification that 45 hours was the maximum number allowed as overtime per year. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 3 OF 10 Vice Mayor Barker MOVED THAT ORDINANCE NO.925 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE JUNCTION,RULE I, DEFINITIONS,AND RULE XV,OVERTIME;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Hendricks MOVED THAT ORDINANCE NO.925,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.926,AMENDING ORDINANCE NO.503,ESTABLISHING ENGINEERING INSPECTION AND PLAN REVIEW SCHEDULES AND FEES,ETC.) )City Attorney Glenn Gimbut stated that this ordinance would allow the city to take care of some of the problems with current construction of the sewer system.He explained that the city granted an encroachment permit to the sewer district for work to be done on streets and roads;that one of the contractors is constantly violating the terms and conditions of such permit;and that this ordinance would allow for the cancellation of the encroachment permit.Mr.Gimbut recommended postponing this item until the next council meeting (April 4)since a draft of this ordinance was being sent to the sewer district and to Mr.Loeb (Don Loeb and Campana,Vieh & Strohm,P.C.)for review and comment,as well as city staff. Vice Mayor Barker MOVED TO POSTPONE THIS ITEM FOR TWO WEEKS. Councilwoman Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 4 OF 10 VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 7:50.She reconvened the meeting at 8:05. OLD BUSINESS None. NEW BUSINESS COPS/FAST FEDERAL GRANT TO HIRE AN ADDITIONAL POLICE OFFICER )Chief Galloway stated this item had been discussed at the work session and briefed the council on this information. Councilman Perkins asked if the $75,000 federal grant will be funded up front. Chief Galloway answered it will come in as i t is being billed. Councilman Perkins commented that the Federal Government and the Republican Party are threatening the Crime Bill and asked if that will affect this grant in any way. Chief Galloway answered that was a political issue and he could not give a definite answer,but Senator Kyl indicated that even if the Crime Bill was trashed,there would be a replacement for this grant. Councilman Perkins asked if there was a contingency plan to continue funding in case the grant was suspended. Chief Galloway answered that i f funding for this additional police officer ceased,the next vacancy would not be filled,because there would not be money in the budget to absorb that. Councilwoman Surra asked that since this officer would be handling public contacts through the phone if the person hired would have the training and skills necessary. Chief Galloway confirmed they would hire an experienced police officer for that position. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 5 OF 10 Councilman Hendricks MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING COPS/FAST FEDERAL GRANT APPLICATION:THAT WE ACCEPT THE GRANT AWARD OF $75,000 AND APPROVE THE APPROPRIATION OF CITY FUNDS IN THE AMOUNT OF $36,646. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CITY COUNCIL RATIFICATION OF APPOINTMENT OF DEVELOPMENT SERVICES DIRECTOR )Interim City Manager George Hoffman asked the council for their ratification on the appointment of Mr.Larry Harmer as Development Services Director.He further briefed the council on the qualifications of Mr.Harmer. Councilwoman Richmond MOVED THAT WE RATIFY THE APPOINTMENT OF LARRY HARMER AS DEVELOPMENT SERVICES DIRECTOR. Councilwoman Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.95-04,CANVASS OF VOTES FOR THE MARCH 14,1995,PRIMARY ELECTION ) )City Clerk Kathy Connelly briefed the council on this item. Vice Mayor Barker MOVED THAT RESOLUTION NO.95-04,"A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,CONDUCTING AND ACCEPTING THE OFFICIAL CANVASS OF VOTES FOR THE APACHE JUNCTION PRIMARY ELECTION HELD MARCH 14,1995;AND ORDERING THE RECORDING OF SUCH RESOLUTION" BE APPROVED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 6 OF 10 MODIFICATION TO THE CITY'S HOUSING REHABILITATION PROGRAM GUIDELINES )Housing and Grants Spec.John Flumerfelt explained that modification of the existing Housing Rehabilitation Program Guidelines would permit income derived from Deferred Payment Loans (Program Income)to be recycled back into the Housing Rehabilitation Program. Vice Mayor Barker asked if in years past any of these funds the city has received have been turned back in. Mr.Flumerfelt answered the city has not received any funds back yet. Vice Mayor Barker inquired about the rehabilitated house that was for sale. Mr.Flumerfelt explained that is why staff is proposing this addendum to the housing rehabilitation guidelines so that the city can handle that and other cases in the future. Vice Mayor Barker asked if staff is proposing that any monies that are still owed the city be brought back at the time of sale and put it back into the housing rehabilitation program. Mr.Flumerfelt explained that this would give staff the authority to negotiate the city's claim on the Deferred Payment Loans at the time of sale. Vice Mayor Barker asked if this addendum would give staff that authority. Mr.Flumerfelt answered that it does. City Clerk Kathy Connelly added that there are two portions to this request;one is the renegotiation and the other one is a waiver. Vice Mayor Barker asked that if someone gets a grant for the rehabilitation of their house and later chooses to sell it,if there was criteria requiring that it be sold to a low -moderate income family. Mr.Flumerfelt answered he has considered that and other criteria for the repayment of a loan. Vice Mayor Barker asked if the City Manager would have the authority to do the examination for the negotiation. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 7 OF 10 Mr.Flumerfelt answered yes. Ms.Connelly added that it was included in the addendum. Councilwoman Surra asked if there is the stipulation that the grant will be used for the purpose for which it was obtained and if not what are the sanctions for not doing that. Mr.Flumerfelt explained that people who obtain a grant do not get the money but instead the city handles a construction contract for the rehabilitation of their house and then it pays the contractor.He added that also a lien is placed on the house so that the city is notified in case the house is up for sale. Councilwoman Surra asked that i f there was no outstanding balance on the loan at the time of sale,staff could then waive the lien on the house or otherwise renegotiate. Mr.Flumerfelt answered that right now there is no authority to do either way. Councilwoman Surra asked when this addendum would be effective. Mr.Flumerfelt answered it would be effective upon approval by the CDBG program which could be in a couple of days. Councilwoman Surra MOVED TO APPROVE THE HOUSING REHABILITATION PROGRAM INCOME ADDENDUM WHICH WOULD MODIFY THE EXISTING PROGRAM GUIDELINES IN ORDER TO PERMIT INCOME DERIVED FROM DEFERRED PAYMENT LOANS TO BE RECYCLED BACK INTO THE HOUSING REHABILITATION PROGRAM. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilman Perkins inquired about the schedule for the budget and suggested that a copy of the budget be provided to new elected council members. Mr.Hoffman agreed. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 8 OF 10 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,APRIL 3,1995,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 4,1995,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Perkins commended Mr.Nakagawa for information he provided to the Chamber of Commerce and to Stanley Cook from Landis Corp.She informed the council that Chamber Director Carol Doty indicated that the film commission in California has chosen Apache Junction as the place to film a one -million- dollar commercial. City Attorney Glenn Gimbut reminded the council of their meeting as the Board of Directors of the Water Utilities Community Facilities District on March 27. Mayor Perkins announced the Teen Town Hall on March 23 and special work session tomorrow at 7:00 p.m.with an executive session prior to that. ADJOURNMENT )Mayor Perkins adjourned the meeting at 8:38 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of March 7,1995. 3.Consideration of City Manager employment agreement. ACCEPTED THIS 4TH DAY OF APRIL ,1995,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 511-1 DAY OF APRIL ,1995. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 9 OF 10 ATTEST: KATHLEEN CONNE City Clerk 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 21st day of March,1995.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of March,1995. KATHLEEN CON City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 21,1995 PAGE 10 OF 10