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HomeMy WebLinkAbout1981-02-04 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETINGFebruary 4,1981 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 4,1981,at the Apache Junction Council Chambers pursuant to notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7:04 p.m. INVOCATION Councilman Eidson led the invocation. PLEDGE OF ALLEGIANCE The Council and public participated in the Pledge of Allegiance. ROLL CALL Councilmembers present: Staff Present: Others With Council Business: Councilman Jerry Burgess,Councilman Thomas Damiano,Councilman Jimmy Eidson, Councilman Norman Hill,Councilman Marie Shanks,Vice Mayor John Granillo,andMayor Virginia Seeman. City Manager Ray LeeCityClerk/Director of Administrative Services Marlis DavisDirector of Planning Joe GeroDirector of Public Works Richard BromanCity Attorney Michael Curtis Mr.Clayton Halbert,1337 S.Delaware Mr.Roy Hudson,2084 W.9th Avenue Mrs.Dorothy Halbert,1337 S.Delaware ACCEPTANCE OF THE AGENDA )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE crTy OF APACHE JUNCTION,ARIZONA,THAT THE AGENDA BE ACCEPTED AS PRESENTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman stated there would be a Public forum on the proposed ApacheJunction Airport Wednesday,February 11,1981,at 7:00 p.m.at the Superstition Mountain Elementary School Auditorium.She stated the purpose of the meeting was to inform the community on the concept and findings of the Commission in reference to the airport site,selection,and master plan study.The public's input was solicited and it was stated their input will be considered in the planning process. Mayor Seeman read a letter from the Arizona Emergency Medical Systems agency to the Council regarding emergency services in the Apache Junction area. She stated the organization has indicated their interest in supporting theseeffortsandtheirdesiretooffertheCity$1000 for the purchase of whatever medical supplies might be needed. Mayor Seeman read a letter from Senator Barry Goldwater wherein he stated he was impressed with the municipal Policy Statement coming from the Leaaue of Arizona Cities and Towns and that he was having i t put in the Congressional Record. CALL TO THE PUBLIC Mayor Seeman opened the meeting to the public and called upon Mr.Clayton Halbert. Clayton Halbert,1337 S.Delaware,submitted a petition to the Council which read as follows: "We,the residents of S.Delaware Dr., realize the fence in front of our homes needs to be either repaired or rebuilt and maintained. In light of the letter delivered to us,would you Please reconsider and not _uproot all our plantings at this time.We understand i t is in the right-of-way,but also that at this time the City has nointentionsof putting a tube in the ditch and filling i t over now.If possible,we would like for you to give us a reasonable estimated time when this would be done. And since i t is in the interest of the City as well as residents ofthisstreetto keep our City and our homes as attractive as Possible,will you please take under advisement and consider the possibility of our keeping the plantings at least two or three years in order to give the City,the residents of our street and Perhaps residents of the Mobile Home Park,an opportunity to consider what would be the mostattractiveandbestsuitedforallconcerned. We the residents of Delaware Drive are in agreement with the above." Mr.Halbert stated 42 people signed the petition which is approximately 90 percent of those who reside on the street and about twenty of the residents were present at the meeting. Mr.Roy Hudson,2084 West 9th Avenue, Apache Villa,stated that although he did not sign the petition he was concerned about the same problem.He stated the problem originated prior to incorporation and requested that the City take time to look at the situation or appoint a committee to study i t and come back with -a better recommendation. Councilman Damiano stated he is in agreement with the residents that some- Mr.Halbert again approached the Council and addressed the item. Mrs.Dorothy Halbert,1337 S.Delaware asked if there was any way 'a fence could be put up on the other side of the ditch. Mayor Seeman requested that this item be referred to staff.She requested that staff return with some type of recommendation on the situation.She directed the City Manager to present the Council with some studies on the situation alongwiththe cost of fencing.She stated the property owners would be advised of any decision arrived at by Council. Mayor Seeman stated the Mr.Robert Dugger had requested an opportunity to speak.The mayor stated she had asked the Attorney to address Mr.Dugger in reference to the nature of the matter he wished to address.She felt i t should not be a portion of the City Council's business. City Attorney Michael Curtis stated his understanding was that the Mayor had received a request of Council to respond to an alleged attack by .a memberof the Council on an individual.He stated i t is up to the Council to determine how they wish to handle this request to speak that is directed not to any item on the agenda but solely as a request to respond to an alleged attack.He advised that should the Council determine that this is not an appropriate itemfor discussion at the Council meeting since there are letters,media,and other forums,the matter could be redressed i f the person who feels there was an attack wants to redress it.He advised that if the Council wished to rulethatthetopic was not in order,they had the prerogative to do so.His opinion was that it was not a matter of general business,nor in his opinion was i tappropriatethattheCityCouncil meetings be used as forums to ettKer = launch or defend attacks upon individuals;he felt engaging in personalities was out of order. Mayor Seeman informed Mr.Dugger that if he felt someone made a personalattackonhim she would suggest Mr.Dugger contact that person individually andexplainthesituationtohim. CITY MANAGER'S REPORT Mayor Seeman called upon Ray Lee for the City Manager's Report. City Manager Ray Lee stated there were three items to report on: (1)In order to comply with the Governor's energy conservation program,and with Councilmah Hill's assistance,a test was run recently with an energycoilto see if the City might be able to save some gasoline.He said he received a memo from the Department of Public Safety stating tests were run on two departmental vehicles which indicated mileage was increased considerably with the installation of energy coils.The performance was as good if notbetter than without the coil and the mileage increase was about 70 Percentforthe1975Fordand about 60 percent for the 1979 Pontiac.He stated theCity would continue with the test unless instructed not to and would also consider installing the Energy Coil in all City vehicles which would amount to a considerable savings by the end of the year. (2)City Manager Ray Lee read a letter from the Attorney's staff con-gratulating the Apache Junction Police Department for their handling of a recent murder. City Attorney Michael Curtis pointed out that the Police Department has notonly willingly,but frequently,asked to be brought up-to-date on the latest in Building Official Leo Frazier gave a brief report on the street signsstating most were installed in the first quadrant of the City. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There was no old business. NEW BUSINESS PROPOSED ORDINANCE 85,STREET NAME MAP (FIRST READING WITH THE EMERGENCY CLAUSE) ) Mayor Seeman stated this item is a first reading Kth theemergency clause.She called upon Planning Director Joe Gero to brief the Council and public. City Planner Joe Gero stated the Pinal County Board of Supervisors has adopted the name change for Meridian so that i t is now North and South Meridian Drive respectively;also the letters from the ASAP Committee and from the City of Mesa stating they have no objection to the change of the name have been received.He stated the deadline for theinstallationofthestreetsignsisFebruary28,1981 and without the emergency clause the ordinance would not take effect for 30 days after approval therebynecessitatingtheemergencyclauseinordertogiveinstructiontothestaff onparticularnamesthat will be utilized and to order the rest of the signs. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.85,BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCityClerktoreadOrdinanceNo. 85 by title only with the emergency clause. City Clerk Marlis Davis read as follows: "ORDINANCE NO.85,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REPEALING ORDINANCE NO.83,AMENDING CHAPTER 12 ARTICLE 13-2,APACHE JUNCTION CITY CODE, BY ADDING A NEW SECTION 13-2-5 PERTAINING TO THE NAMING OF STREETS AND ALIGNMENTS OF STREETS WITHIN THE CITY OF APACHE JUNCTION, INCLUDING ESTABLISHING PROCEDURES FOR NAMING CITY STREETS,ESTABLISHING PROCEDURE FOR ASSIGNING ADDRESSES TO PARCELS WITHIN THE CITY;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY." Councilman Damiano MOVED THAT VOTE:Unanimous The motion carried. APPOINTMENT OF ELECTION OFFICIALS ) Mayor Seeman gave background on the requirements for appointment of election officials for the Pilmary Election to be held on March 24,1981,and the General Election of May 19,1981. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT THE FOLLOWING INDIVIDUALS BE APPOINTED AS THE ELECTION BOARD FOR THE PURPOSES OF CONDUCTING THE PRIMARY ELECTION ON MARCH 24,1981 AND IF NECESSARY THE GENERAL ELECTION ON MAY 19,1981;RUTH LONG AS INSPECTOR;PATRICIA OLTMAN AND LOUISE HONOR AS JUDGES;BERTHA ROGERS AND JANE VIELEHR AS CLERKS FOR THE PINAL COUNTY VOTING PRECINCT 22A/MARICOPA VOTING PRECINCT APACHE;AND THAT RUTH PRIORESCHI AS INSPECTOR, SHIRLEY ERICKSON AND RENETTA DEJOHN AS JUDGES,DOROTHY YAEKLE AND MARGARET CARLIN AS CLERKS,FOR PINAL COUNTY VOTING PRECINCT 22B FOR SAID ELECTION,BE AND HEREBY ARE APPROVED.BE IT FURTHER RESOLVED THAT BARBARA KINGSLEY BE APPOINTED AS ALTERNATE FOR PINAL COUNTY VOTING PRECINCT 22A/MARICOPA VOTING PRECINCT APACHE; AND HAZEL SANDERS BE APPOINTED ALTERNATE FOR PINAL COUNTY VOTING PRECINCT 22B. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION,FEBRUARY 18,1981 )Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON FEBRUARY 18,1981,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill secondedthe motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS There were no information and reports. REQUESTS OF COUNCIL Councilman Eidson stated that when the City was -first incorporated the legal requirements made i t necessary to pass several ordinances that have placed a burden in some areas upon some of the citizens.He said the Council has beenworking with staff in an attempt to alleviate some of these burdens. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT DIRECTION BE GIVEN TO THE CITY MANAGER TO REVIEW ORDINANCE NO.38,MORE Councilman Damiano inofrmed the public of the letter written to the proprietors of the skating rink recently cited for violation of the Building Codes andireferred_to the article in the Apache Sentinel concerning the closingof the Rink.He asked the Attorney to address the City's responsibility andliabilityas i t pertains to this type of occurrence. City Attorney Michael Curtis stated that when a City knowingly countenances the violation of a Code enacted for the health,safety,and welfare of the citizens, and where subsequently an injury or accident resulting in damage to an individualor group of individuals health, safety,and welfare,the City would have a vicariousliabilityfromknowinglyendangeringthepublichealth,safety,and welfare. He stated this issue has evolved in other Cities and there is a great deal ofdifferencebetween a 'knowing'and an 'unknowing'permission of the violationof a Code or Ordinance which affects the personal health,safety,and welfareof the citizenry.He stated if the City did not know of the violation and an accident occurs the City is fortunate because there is no liability;but where the City does know and has direct knowledge that estruature does not meet the standards of the Ordinance and there is subsequently an operation of the establishment and subsequent to that there is an injury the City would be subject to liability.He further stated in the opinion of legal counsel there would be danger that insurance coverage might not apply because many times there are pro-visions in the insurance coverage stating that where one knowingly disregards an ordinance or a law insurance contracts do not always apply.He stated theCity's insurance contract has not been examined to determine whether or not theCity would be insured in the event of a lawsuit resulting in this type of circum- stance.He stated the Attorney's office will be reviewing the contracts although they feel that the City has no alternative but to enforce an ordinance when theordinanceaffectsthehealth,safety,and welfare of the citizenry. Councilman Eidson referred to the questions he has asked concerning whether or not the City is going to remain incorporated and stated the only thing he can say is that i t is not known for sure what is going to happen. Councilman Eidson addressed the possibilities -of what will happen to property values in the City i f i t should disincorporate. Mayor Seeman stated she had been asked that each member of the Council spend an evening at City Hall to be available to the public.She asked that any Councilmembers willing to participate in such an endeavor contact Sharon Seder who will put together a schedule and provide i t to the newspaper. ADJOURNMENT Mayor Seeman adjourned the meeting at 8:15 p.m. APPROVED THIS / e ll DAY OF ci9e.144.44.44.4,,1981, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. ATTEST: MARLS -,J.DAVIS VIRG6 tAl/f(gkr\ Mayor