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HomeMy WebLinkAbout1991-12-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 17,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 17,1991 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 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Barker 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 Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Manager Jim Nakagawa Building and Safety Manager Lynn Underwood William Cams,629 E.10th Avenue,Apache Junction Priscilla Wright,5640 E.Shiprock Rd.,Apache Junction Midge Conway,902 S.Ocotillo Dr.,Apache Junction Chuck L.Golzio,936 W.Apache Trail,Apache Junction REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 1 OF 14 Harold Brumbaugh,2935 E.18th Avenue,Apache Junction Keith Hilgendorf,675 W.Smoketree St.,Apache Junction ACCEPTANCE OF CONSENT AGENDA THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilwoman Barker MOVED THAT Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS None. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Midge Conway asked Council permission to speak on several non-public hearing items at the time of Council discussion. Council agreed to allow Mrs.Conway to speak at the time the agenda item was considered. CITY MANAGER'S REPORT City Manager Mike Lee reported on the December 2 -6 Citywide clean up; the Apache Junction Library recarpeting project and new tile;and introduced "Recycle Woman"who updated Council on the operation of the recycling center and invited the public to take their live Christmas trees to the recycling center to be recycled. PUBLIC HEARINGS ORDINANCE NO.818,SPEED LIMIT FOR SCENIC STREET (WITH THE EMERGENCY CLAUSE))Mayor Damiano called upon the city engineer to speak on this item. City Engineer Gordon Grandy stated even though Scenic Street is posted with a 35 MPH limit,currently there is no REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 2 OF 14 ordinance enforcing such speed limit.He stated Ordinance No.818 will establish that for purposes of enforcement. Mayor Damiano addressed the public for comments.There being no one wishing to speak,he closed the public hearing and asked for a motion. Councilman Coleman MOVED THAT ORDINANCE NO.818 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ESTABLISHING THE SPEED LIMIT ON SCENIC STREET BETWEEN IDAHO ROAD AND GOLDFIELD ROAD;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY." Councilman Coleman MOVED THAT ORDINANCE NO.818,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. OLD BUSINESS DISCUSSION AND POSSIBLE ACTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE PETITION TO INCLUDE PROPERTIES OF CITY OF APACHE JUNCTION IN PROPOSED SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT AND POSSIBLE APPOINTMENT OF DISTRICT BOARD )Before discussion,Mayor Damiano stated his comments regarding the need of a sewer system.He then called upon the city attorney to address this item. City Attorney Glenn Gimbut stated the Apache Junction Chamber of Commerce is sponsoring a proposed community facilities district through a contract service with Westrends Environmental Group.He stated Mr.Richard Carr,president of Westrends is asking Council to petition its properties into the proposed district and to consider appointing a board consisting of land owners who are in the district. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 3 OF 14 Mr.Carr offered to answer any questions. Mayor Damiano asked in the event the City petition its properties into the district,if the City must hook up to the sewer system. Mr.Carr replied no.He stated being part of the district simply allows the party to be a member of the organization that forms the district.Once the district is formed it will then decide whether to build the sewer system or not;if they decide to build the sewer system then the members will decide if they want to hook up and will also invite others outside the district to hook up.He anticipated some members would incur some cost in the case their properties need to be confirmed with a title search.Otherwise,members would not confront any costs until the time when the estimated cost for hook up and monthly service is presented to them.He stated at that point they can choose to stay into the district or not. Councilwoman Barker asked if those who sign up for the district are not obligated to remain in the district,but they will be involved in the estimates of the costs of the district;how can that be if the estimates will not be based on the number of people that have joined? Mr.Carr stated first they will do a preliminary estimate based on membership.If a certain number decide not to hook up,then the cost would be re -estimated based on those who remain on the list,which will have to decide if they still want to hook up or not. Vice Mayor Eidson pointed out that maybe the Sierra Entrada subdivision,which is having septic system problems, would want to be part of the district.He stated residential areas, businesses,mobile home/trailer parks,and apartments could take advantage of the district if their septic system happened to fail.He stated he supports the concept of a community facilities district. Mr.Carr stated he met with representatives of Sierra Entrada and they showed interest in working together with the district. Councilman Coleman asked how many petitions have they received so far. Mr.Carr replied it is close to 125 acres.He stated they want to have a minimum of 600 acres of land involved in the district;1000 would be ideal. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 4 OF 14 Councilman Coleman asked if it was possible that after the system was started and it didn't work out right,the City would be responsible? Mr.Carr replied no.He stated this issue has been confirmed by their legal counsel. Councilwoman Barker stated she believes she has the right to put her own property into the district,however she did not feel she has the right to put the property of the public in this district. Councilwoman Alger agreed with Councilwoman Barker.She pointed out in Arizona Statutes 48-712,under the heading "Special Tax and Districts,"a paragraph described as "participation by municipality"that reads,"The governing body of the municipality by resolution may so merely order the participation of the municipality in the cause of any public infrastructure purpose."She asked Mr.Gimbut if that means that once the district is formed this Council,or any succeeding Council,can by resolution participate in the district without going for the vote of the public? Mr.Gimbut response was affirmative. Councilwoman Alger stated she wants all the facts disclosed and understood by Council and the public as well before making a decision. Mr.Carr stated all the information there is to be known has been disclosed and presented accurately to Council and the public. Mayor Damiano called upon Keith Hilgendorf who wanted to speak on this item. Mr.Hilgendorf,executive director of the Apache Junction Chamber of Commerce,briefed Council on the origins and purpose of this proposal. Mr.William Cams,629 E.10th Avenue,spoke against City participation in the district. Mr.Brumbaugh,2935 E.18th Avenue, asked how will construction of sewer system be funded. Mr.Carr replied the community facilities district has the power to sell revenue bonds which are sold to anybody who wants them.He stated the users will pay the interest on the revenue bonds and the service monthly. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 5 OF 14 Mr.Chuck Golzio,president of the Chamber of Commerce,936 W.Apache Trail,stated the board of directors took the initiative based upon the fact that the sewer system was close to passing at the last election.He stated even though the district is being backed up by the business community not all business owners own the property and land to be served.Therefore,the district is seeking participation of large organizations such as the school district,the fire district and the City because they own large properties that could be served by the district. Councilman Coleman stated if Council believes the City has to have a sewer system then let's support the business community. Mrs.Midge Conway,902 S.Ocotillo Dr.,stated Council should decide according to the voters decision. Councilman Perkins MOVED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE A PETITION TO INCLUDE PROPERTIES OF CITY OF APACHE JUNCTION IN PROPOSED SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT. Councilman Coleman SECONDED THE MOTION. VOTE:In favor:Vice Mayor Eidson,Councilman Coleman,Councilman Cox, Councilman Perkins,Mayor Damiano. Opposed:Councilwoman Alger,Councilwoman Barker. The motion carried. Councilman Perkins MOVED THAT THE APPOINTMENT OF A DISTRICT BOARD COMPOSED PRINCIPALLY OF PERSONS WHOSE PROPERTIES ARE SERVED BY THE COMMUNITY FACILITIES DISTRICT,BE CONSIDERED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano called the meeting to a recess at 8:25 p.m.The meeting resumed at 8:37 p.m. NEW BUSINESS CONSIDERATION OF REPORT FROM CITIZENS ADVISORY COMMITTEE FOR ALTERNATIVE RE- REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 6 OF 14 VENUE ON ALTERNATIVE REVENUE SOURCE )Mayor Damiano called upon the chairman of the Citizens Advisory Committee to address this item. Chairman Sandie Smith,3575 N. Prospector,acknowledged members of the committee. Vice Mayor Edison stated he concurred with the report and asked if the recommended 3% transient rental tax applied to all rentals in general. Ms.Smith replied yes,it applies to all transient rental which is under 30 days. Vice Mayor Eidson stated there are some small rentals that already have problems collecting the rent from certain families and that may have trouble collecting the tax. Ms.Smith stated the committee recommends a transient tax of 30 days or less because this would not impact year-round residents or residents staying over the 30 -day limit.She stated Council would have to decide if they want to exclude the low rental and if it's legal to do so. Councilwoman Alger stated the State already has a tax on rentals of 30 days or less;the City would only be putting a percentage on it.She stated landlords already know what to do with families having difficulty paying their rent;the transient tax depends on how long people stay and not how people pay their rent. Council and staff further discussed the issue and concluded the transient tax has no bearing on a month -to -month lease. Councilwoman Barker commended the committee for their participation in this project. Councilman Perkins also commended the committee. Mrs.Conway asked how can the City afford to have a sewer system,an airport,new police facilities if the City is in debt now.She stated next time that Council appoint a committee it should be formed of City residents only. Councilwoman Alger replied the City is not in debt and that only two of the people in the committee are not City residents,but they are business owners. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 7 OF 14 Councilwoman Barker stated some of these projects are being considered in terms of time and resources. Councilman Perkins MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITIZENS ADVISORY COMMITTEE FOR ALTERNATIVE REVENUE REPORT,THAT IT BE ACCEPTED AND STAFF PROCEED WITH THE DIRECTION THAT IS GIVEN AND START WITH RESEARCH. Councilwoman Barker SECONDED THE MOTION. Vice Mayor Eidson suggested the transient tax should start in January 1992. City Clerk Kathleen Connelly stated the Arizona Department of Revenue needs a 60 -day notice to implement any tax. VOTE:Unanimous. The motion carried. GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION TO UPDATE THE CITY'S 1981 SITE SELECTION AND MASTER PLAN FOR THE APACHE JUNCTION AIRPORT )Mayor Damiano called upon the public works director to speak on this item. Public Works Director Rich Broman stated this is the recommendation of the Apache Junction Airport Planning Action Committee.He asked Committee Chairman Ms.Priscilla Wright to address Council. Ms.Wright requested Council's authorization to submit the grant application to the FAA and relayed information on funding for an airport.She stated the grant places a minimal burden on the City since its matching funds consist of only in -kind work, which is City staff and committee time. Councilman Coleman MOVED THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE AND SUBMIT THE AIRPORT IMPROVEMENT PROGRAM APPLICATION TO UPDATE THE CITY'S 1981 AIRPORT SITE SELECTION AND MASTER PLAN. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 8 OF 14 REQUEST TO PURCHASE FIRE DEPARTMENT ADMINISTRATION BUILDING )Mayor Damiano called upon the public safety director to address this item. Chief McDaniel stated should this building be purchased,the police department would need an addition to the building with about twice as much space to function properly as a law enforcement facility. Mayor Damiano pointed out a memorandum sent to Council just prior to the meeting with some information regarding building expansion at the city complex as compared to purchase of the other building. City Manager Mike Lee stated this information basically compares the requirements of developing an off -site building versus developing one on the existing site,which has been discussed in the past. offered to answer any questions. fire district property would be available. ready to move right now. Public Works Director Rich Broman Vice Mayor Eidson asked when the Chief McDaniel replied they are Councilman Perkins explained the conversations he had with Chief Flynn and stated they could be moved out in less than a month. Vice Mayor Eidson stated he is looking at the time factor involved;the time it would take if the City were to build new facilities on site compared to the time when the City would be able to use the fire district facilities considering the new additions and the paper work. Mr.Lee stated it could be five to six months before occupancy could be permitted,if things worked out fine. Mr.Broman pointed out utilities would be a critical issue and if these need any major renovation it will take three months or more,plus any architectural and engineering work required, and the permitting process involved,all these things can increase time. Vice Mayor Eidson stated the price was reasonable,however considering all the repairs and additions it could go up to $500,000 and then it might be better that the City build new facilities. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 9 OF 14 Councilman Coleman stated it was discussed at prior work sessions that Council should look at the other options,but he has had no time to do that. Councilwoman Barker asked if the $500,000 figure had been estimated already. Chief McDaniel replied no. Councilwoman Alger asked if the conceptual new building can be financed the same way that the old building. Chief McDaniel replied it could be financed the same way,but he was not sure that it can be done immediately. Mr.Broman indicated the new facilities project could be combined with the purchase of the City's annex building,which will provide the City with a better rate since it will be a bigger project. Councilwoman Barker stated Council is talking about financial problems at the same time they are trying to decide on such investment.She stated she would like to have the Council meeting on priorities first.She also stated that she wasn't aware that Council had agreed to spend $500,000 much less how to spend it. Council and staff further discussed the feasibility of this investment. Mr.William Cams,629 E.10th Avenue,stated there seems to be a discrepancy between the amount the fire district claims they paid for that property and the amount Consolidated Water claims they received.He stated Council should investigate this before the City makes a decision. Mr.Lee stated due to budget constraints and uncertainty of the economy his recommendation is that the City do not commit funds for this project at this time.He stated he discussed with Chief McDaniel the possibility of purchasing the building for the $210,000 without having to spend on any more additions,but Chief McDaniel refused to split his department having the detectives office and police offices separated;he wants the building only if he can expand it and remodel it. Councilwoman Alger asked,in light of the hesitation for approval,Councilman Perkins position,and comments from Councilwoman Barker,if Council would entertain a motion for postponement until after Council's priorities meeting. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 10 OF 14 Mayor Damiano replied how long would Council want to wait to make a decision.He stated he agreed with Mr.Lee's recommendation. Councilwoman Barker stated her understanding is that the fire department and the police department would like to have an answer now. Councilwoman Alger replied if Council is not ready to give an answer they just can not do it. Council further discussed if they should decide now and how they should decide. Councilwoman Alger MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH THE PURCHASE OF THE FIRE ADMINISTRATION BUILDING AT A PRICE OF $210,000 AND THAT ANY ADDITION BE APPROVED AT THIS TIME WITH FURTHER EXPENSES AND COSTS TO BE APPROVED AT A LATER TIME. Councilman Perkins SECONDED THE MOTION. VOTE:In favor:Councilwoman Alger,Councilman Cox,Councilman Perkins,Vice Mayor Eidson. Opposed:Councilwoman Barker,Councilman Coleman,Mayor Damiano. The motion carried. USE OF CONTINGENCY FUNDS TO PURCHASE 11 SUN CITY SHERIFF'S POSSE VEHICLES )Mayor Damiano called upon the police chief to speak on this item. Chief McDaniel briefed Council on this matter. City Manager Mike Lee stated he recommended that rather than taking this out of the contingency budget that the City enter into a lease purchase,this can be combined together with the purchase of the property on Baseline Road and the fire administration building,so that everything going into the same financial packet.He suggested since the City has $25,000 budgeted this year to use that as the down payment. Chief McDaniel stated the police department had considered that money to paint the vehicles doors and having new radio equipment installed.He stated this would probably amount to $8,000 to $10,000. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 11 OF 14 Mr.Lee stated actually the down payment will not be necessary,but the balance of whatever the police department doesn't spend can be used as a down payment.He stated he recommended approval of this purchase. Councilwoman Barker stated she believes the City has spent enough already,but she is also aware that some of the police vehicles are not running good,so she would agree with this purchase. Council further discussed the purchase of the vehicles. Councilwoman Barker MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH PURCHASE OF 11 POLICE VEHICLES FROM THE SHERIFF'S POSSE OF SUN CITY AT A PRICE OF $8,000 EACH. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,JANUARY 6,1992 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,JANUARY 7,1992,IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 10:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 12 OF 14 Councilwoman Barker SECONDED THE )Mayor Damiano adjourned the 2.Acceptance of the Minutes of the Regular Meeting of December 3,1991. ACCEPTED THIS 21ST DAY OF JANUARY ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 13 OF 14 ,1992. THOMAS DAMIANO Mayor 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 17th day of December,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of December,1991. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17,1991 PAGE 14 OF 14