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HomeMy WebLinkAbout1992-05-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 19,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 19,1992,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:03 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Alger led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Building and Safety Manager Lynn Underwood Economic Development Manager John Schoeph Finance Director Keith Lewis Dir.of Parks & Recreation Jeff Bell Operations Superintendent Doug Dobson Engineering Admin.Assistant Theryn Hansen Mr.Ed Barker,Vice Chairman of Health & Human Services Commission Mr.Ab Hameed of Capital Improvements Assoc., Inc. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 1 OF 14 Mr.Gregg Fisher of Dealers Awnings Mr.Bob Day,400 N.Plaza Dr. ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE RENEWAL OF AGREEMENT FOR EXCHANGE OF SERVICES BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION CLEAN AND BEAUTIFUL,INC.,BE APPROVED;AND THAT THE RENEWAL OF AGREEMENT FOR EXCHANGE OF SERVICES BETWEEN CITY OF APACHE JUNCTION AND INDUSTRIAL DEVELOPMENT AUTHORITY,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee reported that the Operations Division is working on a gun -shooting range for the police Department at the public works operations location;this is being done with in-house labor and equipment,and it is 50% complete so police officers can start using it. Mr.Lee reported on the CAP water intake for public works.He stated it is about 99% completed and as soon as they install the water pumps,it will be ready to work and that negotiations were still underway with Arizona Water Co. regarding the water purchase. Mr.Lee read a report on the sales tax collections as provided by Mr. Craig Meusel,License Compliance Specialist.He stated that comparing this report to the one a year ago,it is not a bad report. PUBLIC HEARINGS CAPITAL IMPROVEMENT PLAN FOR FY 92-93 THROUGH FY 96-97 REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 2 OF 14 city engineer to speak on this item. )Mayor Damiano called upon the City Engineer Gordon Grandy stated that as of August of 1990 the City qualified for an Arizona Dept.of Commerce $10,000 Grant to assist the community in formulating a 5 -Year Capital Improvement Plan and that the final report is due for submittal to the State by June 30,1992.He explained that the plan was compiled from each department list of projects which were prioritized and then balanced based on revenue projections;that the plan has had two formal published revisions due to changes suggested by the CIP Review Committee,the Planning and Zoning Commission,the Transportation Board,and a list of priorities discussed by the City Council at a work session.He stated the Planning and Zoning Commission has decided that the Capital Improvement Plan fits within the General Plan and is in the best interest of the community.Mr.Grandy recommended approval of the Capital Improvement Plan and described the CIP through overhead projections. Mayor Damiano opened the the public and asked if there was someone wanting to speak.There one,he closed the public hearing and asked for a motion. Councilwoman Alger MOVED CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 92-93 THROUGH FISCAL YEAR APPROVED WITH ALL THE NUMBERED CHANGES FROM LIST "A". hearing to being no THAT THE 96-97,BE Vice Mayor Eidson SECONDED THE MOTION. VOTE:In favor:Vice Mayor Eidson,Councilman Coleman,Councilwoman Alger, Councilman Cox,Councilman Perkins,Mayor Damiano. Opposed:Councilwoman Barker. The motion carried. OLD BUSINESS None. NEW BUSINESS DISCUSSION AND POSSIBLE ACTION TO ENGAGE SERVICES OF MEYER,HENDRICKS,VICTOR, OSBORN AND MALEDON TO PERFORM LEGAL SERVICES AND REPRESENT THE CITY WITH RESPECT TO PROPOSED STATE LEGISLATIVE REDISTRICTING REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 3 OF 14 )Mayor Damiano called upon the city attorney to speak on this item. City Attorney Glenn Gimbut stated that Pinal County,Casa Grande and Apache Junction are seeking to engage the services of Meyer,Hendricks,Victor,Osborn and Maledon to be represented before the U.S.Department of Justice and the Arizona Legislature to seek a new district for Pinal County and these cities.He stated the Hooper Amendment is one proposal before the legislature and described it.He briefed the Council on the status of the matter and how the law firm will handle it. He stated that the law firm will represent the City in the redistricting process for a sum not to exceed $5,000 and that legal fees would be no more than $10,000,a portion of which would be from Casa Grande and Pinal County. Vice Mayor asked if any other cities in the county are going to be involved. Mr.Gimbut replied he does not know and that this matter has moved too fast for strong contacts with the other cities;that he has contacted Eloy and asked them to make contact with Florence and Coolidge but it's unclear what they will do;that he talked to the City Manager for Kearny and he indicated their council's position is that they would rather not get involved. Mayor Damiano asked if Pinal County does not approve the $5,000,what will Apache Junction do? Mr.Gimbut replied that to date the law firm has been acting as an extension of himself with the clear understanding that there is no agreement by anybody to pay them any money.He stated that Mr.Jack LaSota has indicated his firm is willing to represent the two communities and attempt to work within the monies that are available. Vice Mayor Eidson commented it seems to him that the other communities that are affected as negatively as Apache Junction and Casa Grande would be willing to help.He suggested that a letter be sent to those communities and ask them for their help on this matter. Mr.Gimbut agreed with Vice Mayor Eidson and commented that the Gila River Indian Reservation is also upset with the redistricting plan and there is an indication that they might be willing to make a financial contribution. Councilwoman Barker MOVED THAT THE CITY MANAGER AND THE CITY ATTORNEY BE AUTHORIZED TO ENGAGE SERVICES OF MEYER, HENDRICKS,VICTOR,OSBORN AND MALEDON TO PERFORM LEGAL SERVICES AND REPRESENT THE CITY OF APACHE JUNCTION WITH RESPECT TO PROPOSED STATE LEGISLATIVE REDISTRICTING WITH A CAP OF $5,000. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 4 OF 14 MOTION. VOTE:Unanimous. The motion carried. PRESENTATION,DISCUSSION AND ACTION ON FY 1992-93 RECOMMENDATIONS FROM HEALTH AND HUMAN SERVICES COMMISSION city clerk to speak on this item. the Council on this item. Councilwoman Alger SECONDED THE Mayor Damiano called upon the City Clerk Kathleen Connelly briefed Mr.Ed Barker,Vice Chairman of the Commission briefed the Council on their recommendations. these five agencies do for the community. Vice Mayor Eidson asked what is it Mr.Barker briefly described the services that each one of the agencies provide to the community. Vice Mayor Eidson asked if the Commission is convinced that the majority of the money will be spent in Apache Junction.He commented the Salvation Army contributes to some national or state organization. Mr.Barker replied the Salvation Army contributes a 10% fee to the state organization but funding from the City is exempt from that.He stated he personally feels that if any City funding goes out of the community,this is very little;that these organizations are aware of the city ordinance not allowing that;that the City Clerk receives quarterly reports;that four of these agencies have been funded before and have provided information proving they spend the money in Apache Junction. Councilwoman Barker asked what is the matching fund for Superstition Mountain Mental Health Center. Mr.Barker replied it is a minimum of $3.00 for every $1.00 and as much as $4.00.He stated that funding for this organization has been decreased this year so matching funds have been lost in this case,however,the other organizations may be capable of receiving matching funds.He explained that the reasoning for reducing funds for the SMMHC was that their situation has improved considerably in the last year because of funding received from PGBHA which is a funding organization for Pinal and Gila counties. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 5 OF 14 Councilman Perkins MOVED THAT RECOMMENDATIONS BY THE HUMAN SERVICES COMMISSION FOR FY 1992-93 HUMAN SERVICES FUNDING IN THE AMOUNT OF $54,000,TO INCLUDE THE AMOUNT AND MANNER OF DISTRIBUTION,BE APPROVED;AND THAT STAFF BE AUTHORIZED TO DRAFT CONTRACTS BETWEEN THE CITY AND THE AGENCIES FOR APPROVAL FROM THE CITY COUNCIL. Councilman Coleman SECONDED THE MOTION. Councilwoman Barker pointed out the Commission offered two options for consideration by the Council and the difference between the two doesn't seem to be much.She asked if Council would like to talk about it. Councilman Coleman stated he is not sure he would like to see the funding increased;that he knows the agencies provide good services,that they need the money and also can get matching funds,but he has a problem moving in that direction. Mayor Damiano asked that in the event the City's revenues continue to increase,if any of these agencies can request some more funding? Ms.Connelly replied that Ordinance 659 requires that their request be submitted by the end of January prior to the end of the fiscal year,so then Council could reopen the issue,but once contracts are awarded they are for a specific period of time.The Council could also indicate the possibility of an increase in the contract language itself. Mr.Lee commented that Council at this point could decide to only fund $54,000 but if revenues were more later, the Council could approve a higher funding level then. Councilwoman Barker AMENDED THE MOTION TO PUT A PROVISION IN EACH CONTRACT THAT IF CITY FUNDS BECOME AVAILABLE THAT THE CONTRACT AMOUNTS COULD BE INCREASED TO $60,000. up a time to review the contracts. be at least six months from now. after January 1,1993. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 6 OF 14 Councilwoman Alger suggested to set Councilwoman Barker stated it should Mr.Lee suggested that the time be Councilwoman Barker ASKED THAT AFTER JANUARY 1,1993 BE ADDED TO THE AMENDMENT AS THE DATE FOR REVIEW OF THE CONTRACTS. Councilwoman SECONDED THE AMENDMENT. AMENDMENT VOTE:In favor:Councilman Coleman,Councilwoman Barker,Vice Mayor Eidson,Councilwoman Alger,Mayor Damiano. Opposed:Councilman Perkins,Councilman Cox. The amendment carried. MAIN VOTE:In favor:Councilman Coleman,Councilman Perkins,Councilwoman Barker,Vice Mayor Eidson,Councilwoman Alger,Mayor Damiano. Opposed:Councilman Cox. The main motion carried. Mayor Damiano called for a recess at 8:03 p.m.The meeting resumed at 8:18 p.m. DISCUSSION REGARDING CITY COMPLEX MASTERPLANNING city manager to speak on this item. )Mayor Damiano called upon the City Manager Mike Lee briefed the Council on the need of a masterplan for the city complex.He stated that in order to accomplish this he asked Capital Improvement Associates to provide a scope of work that would assist the City in this effort.He then introduced representatives of CIA to provide additional information. Mr.Ab Hameed of CIA explained to the Council the masterplanning concept and its advantages through samples of their work in other cities. would need to be updated every so often. Vice Mayor asked if the masterplan Mr.Hameed replied that would be up to the City.He stated if the masterplan is done in a team mode they can get a very clear picture of where things will be and as the masterplan is implemented into actual planning,changes may happen then,but the City could keep it as planned or change something. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 7 OF 14 Vice Mayor Eidson was concerned that the new masterplan would fall in the same category that the old one which has been outdated for many years,that it cost a lot of money and nothing was done with it. Mr.Hameed replied that should not happen if all the issues are addressed in planning,what the City wants and where it wants to be. Vice Mayor Eidson commented there was a time when the City was applying for a grant which required an updated master plan in order to qualify just for the application. Mr.Lee stated there may be some elements of development that would be available for grant funds such as a program for the Library construction through the federal government and the Community Development Block Grant funds that can be for the Senior Center.He stated he did not think there would be funds for construction of city hall or the police building,but some portions of the projects would be eligible. Councilman Perkins MOVED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO CONTRACT WITH CAPITAL IMPROVEMENT ASSOCIATES,INC.IN THE AMOUNT OF $13,500 FOR CITY COMPLEX MASTERPLANNING. MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS Vice Mayor Eidson SECONDED THE DIRECTION TO STAFF REGARDING CITY OF APACHE JUNCTION PUBLIC SAFETY FACILITIES )Mayor Damiano called upon the city manager to speak on this item. City Manager Mike Lee stated that the Council had requested financial information on a 20,000 square foot building and a 24,000 square foot building,and that information was provided outlining a financing alternative based on $3 million as a maximum project figure based on information by Mr.Mark Reader of Peacock,Hislop,Staley & Given,Inc.He then introduced Mr.Ab Hameed of Capital Improvement Associates to make some comments. Mr.Hameed explained how they arrived at the cost estimates and how it was budgeted.He stated that the climate for bidding is highly favorable and competitive;that they would work REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 8 OF 14 closely with the plan and keep City staff informed as they move along into the project. Mr.Lee stated the $200,000 in the preliminary proposed budget is sufficient debt service for FY 1992-93 budget. He stated that because the current market interest rates are so low there would be an advantage in getting the financing in place as soon as possible. He explained this may require that the City would have what is called "negative arbitrage"for a short period of time,which means the City would borrow the bonds and pay a certain interest rate but the bonds are then invested at a different interest rate so there would be some short-term cost; in other words,the City would earn less then what is going to have to pay on the interest.He stated a 20 -year period would be in order and if the City can get the low interest rate for that period of time,the savings would be greater than the extra costs in the short period of time. Mr.Mark Reader distributed information regarding the financing options and described them.He stated there are two ways for doing the financing and explained them as follows. 1)One way is to finance the $3,500,000 through the Municipal Property Corporation,which is the issuer of the bonds and they would issue what is called "Municipal Facilities Revenue Bonds."They would give the money to the City who would agree to repay that money back over a 20 -year period and that the city agrees to pledge all or a portion of its excise taxes.He recommended that the City proceed in this manner.If the City does pledge all or portion of the excise taxes,there is a high probability to get the bond issue rated by Moody's and/or Standard and Poor's and,to the extent they could get an investment at great rating,he estimates the City would save about $400,000 in interest over the life of this bond issue.He stated that the pledge of those excise taxes does not limit the City's ability to use that money as the City is basically lending its credit. 2)The other way is for the City to issue Certificates of Participation which is a big lease that is broken up into smaller pieces and,by law,when a city does a lease -purchase arrangement it can only get into debt once a year so it can annually appropriate those debt service payments.So,legally the City could issue Certificates of Participation for $3,500,000 and have debt service requirements of about $325,000,and if the City has a bad year five years from now and it doesn't want to make the debt service payment,it just doesn't make it.But then the Trustee who acts on behalf of the bond holders comes and releases the facility or sells it.So,from the legal prospective the City can walk away from it at any time and that is why it is more expensive,because the risk level is higher from an industry. Councilman Perkins MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH THE DESIGN REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 9 OF 14 AND CONSTRUCTION FOR NEW POLICE SAFETY FACILITIES SUCH THAT THE TOTAL COST OF THE PROJECT DOES NOT EXCEED $3 MILLION. Councilman Cox SECONDED THE MOTION. Mr.Lee clarified that the $3 million estimate is for construction and soft cost only and does not include the reserve fund and the bond issue which would raise the amount to about $3.5 million. VOTE:In favor:Councilman Coleman,Councilwoman Alger,Councilman Cox, Councilman Perkins,Vice Mayor Eidson,Mayor Damiano. Opposed:Councilwoman Barker. Councilwoman Barker explained that the need for a larger police department is not in contention,however she did not believe the 24,000 square foot police building will make this community safer or more secure nor does she believe that spending $3 million for such a facility demonstrates fiscal responsibility of public monies. The motion carried. DIRECTION TO STAFF CONCERNING RECOMMENDED CHANGES IN THE BUILDING CODE REGARDING PARK MODELS AND AWNINGS city manager to speak on this item. )Mayor Damiano called upon the City Manager Mike Lee stated that because of increasing concerns from virtually all members of the RV industry a working committee was formed which included City staff,members of the RV industry and citizens of Apache Junction to study the issue.He stated the committee recommends to the Council that an ordinance be adopted that would allow the Building Official to enter into contracts or agreements with specific RV resort parks voluntarily for compliance with certain requirements. Mr.Gregg Fisher of Dealers Awnings and member of the committee,spoke in favor. member of the committee,spoke in favor. Mr.Bob Day,400 N.Plaza Dr., Mr.Lee added that the RV Park industry and the park model dealers have volunteered to personally mail out information and inform all of the residents in the parks,if this is successfully passed,of the changes and give the City some credit,and Mr. Weiner agreed to also inform the people in his parks. REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 10 OF 14 Mayor Damiano commended the committee for their work. Vice Mayor MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RECOMMENDED CHANGES IN THE BUILDING CODE CONCERNING PARK MODELS AND AWNINGS,THAT CHANGES BE MADE IN THE CODE TO REFLECT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF ALLOWING PRE -HUD (1976) MOBILE HOME UNITS TO BE MOVED WITHIN THE CITY LIMITS Mayor Eidson to speak on this item. Mayor Damiano called upon Vice Vice Mayor Eidson stated that the Council had approved some regulations restricting Pre -HUD mobile homes from being moved into or anywhere in the City.He stated he would like that the Council to allow these units to be moved within the City from park to park. Councilman Cox stated that a fire safety inspection be done on any unit moved within the City. Councilman Perkins asked Building and Safety Manager Lynn Underwood if the Council were to reverse their past action,if the City would be obligated to perform inspections according to State guidelines. Building and Safety Manager Lynn Underwood replied that presently Pre -HUD mobile homes are required by the State to be inspected if they are moving within the city limits.He explained that if Pre -HUD were allowed to move within the city limits the City would have to do the inspections,which is essentially utility connections and a blocking inspection,but the City does not perform fire inspections. Councilman Perkins commented that if Council allows the units to move into the City they would be required to obtain a permit,then Building would have to do the utility connection and blocking inspection.He asked that in the case something happens later that starts a fire and somebody gets hurt,if the City has liability. Mr.Underwood replied the court would have to decide that,but his impression is there might be a sense of false security on behalf of the applicant or the person moving the mobile home REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 11 OF 14 in;the owner does not know they are not there to do a life safety inspection, that they are there to simply fulfill the state requirements on the blocking and the utility connection only. City Attorney Glenn Gimbut stated the City will not be liable for duties it does not perform.He explained that the only time the City will be liable is when the City does not perform its duties right;if its duty is to check on the utility connections and the blocking and the problem is related to this,then the City would be liable; but if it's not related to those duties then it will not. Vice Mayor Edison MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ALLOWING PRE -HUD (1976)MOBILE HOME UNITS TO BE MOVED WITHIN THE CITY LIMITS,THAT PRE -HUD MOBILE HOMES BE ALLOWED TO MOVE FROM PARK TO PARK IN THE CITY OF APACHE JUNCTION,THIS TO COME BACK TO THE COUNCIL ON THE SECOND MEETING IN JUNE. Councilwoman Barker SECONDED THE MEETING. VOTE:In favor:Vice Mayor Eidson,Councilman Coleman,Councilwoman Alger, Councilwoman Barker,Mayor Damiano. Opposed:Councilman Cox,Councilman Perkins. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 1,1992 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,JUNE 2,1992 IN THE CITY COUNCIL CONFERENCE ROOM. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Manager Mike Lee read a letter from the Department of Commerce regarding a $220,000 CDBG grant awarded to the City to be used to continue the owner -occupied Housing Rehabilitation Program and to remove architectural REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 12 OF 14 barriers at the city complex and the construction of handicap accessible bathrooms. Mayor Damiano read a thank you letter from the Superstition Mountain Mental Health Center regarding the help provided by the Parks and Recreation Department at their Annual Easter Pancake Breakfast. ADJOURNMENT p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. The meeting adjourned at 9:26 2.Acceptance of the Minutes of the Regular Meeting of May 5,1992. 3.Approval of Renewal of Agreement for exchange of services between the City and Apache Junction Clean & Beautiful,Inc. 4.Approval of Renewal of Agreement for exchange of services between City and Industrial Development Authority. ACCEPTED THIS 2ND DAY OF JUNE ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF JUNE ,1992. THOMAS DAMIANO Mayor ATTEST: 6 2- KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 13 OF 14 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 19th day of May,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of May,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 19,1992 PAGE 14 OF 14