Loading...
HomeMy WebLinkAbout1981-02-18 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING February 18,1981 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on February 18,1981,at the Apache Junction Council Chambers pursuant to notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7:00 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: Councilman Thomas Damiano, Councilman Jerry Burgess,Councilman Jimmy Eidson, Councilman Norman Hill,Councilman Marie Shanks, Vice Mayor John Granillo,and Mayor Virginia Seeman Director of Public Safety (Acting City Manager)Bill McDanielCityClerk/Director of Administrative Services Marlis DavisDirector of Planning Joe GeroDirector of Public Works Rich BromanAssistantCity Attorney Susan Goodwin Others with CouncilBusiness: Mrs.Jean Perkins,616 N.Cactus,Apache Junction Mr. Joe Morvak,1224 S.Doran,Mesa ACCEPTANCE OF THE AGENDA )Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS AMENDED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF AWARDS,PRESENTATIONS,AND COMMUNICATIONS Vice Mayor Granillo read a letter from the Sunerstition Horsemen's Association inviting the Council to an open forum discussion concerning the futureof the equestrian community to be held on February 22,at 2:00 p.m.at the Circle C Ranch. Vice Mayor Granillo announced that he and the Mayor had met on February 18withtheStateDistrictDirectorandtheDistrict Administrator of the Department of Economic Security.He stated it was determined at the meetina that a local D.E.S.office was needed in Apache Junction.The site Proposal and other needsforanofficeareto be discussed with the Director of Public Works and a mobileunitistentativelyscheduledto be moved to the City complex to house the D.E.S.office pending permanent quarters.Services to be offered at the local officewillbefull -service Foodstamps and Aide to Dependent Children.The Vice Mayor stated that once the building is moved on -site there will be further services available. Councilman Damiano stated he attended the recent Airport Forum held on February 11,1981,and reported the Airport Commission is doing an excellent lob in coordinating the Apache Junction Airport site selection and master Plan study. He emphasized that all sites under consideration in the study for the airport are outside the City limits and the Council is waiting for the Commission to com-plete its assigned task and make recommendations to the Council.He stated when the Council receives appropriate information,the recommendations will be considered and if the Council agrees the development of an Airport would be an asset to the Community by attracting clean industry,promoting business,creating local jobs, and increasing the standard of living, it will refer the final deciSion to a voteof the residents of the community. He emphasized the establishment of an airportwillbeLIDtothecitizens,not to the Council. CALL TO THE PUBLIC Mrs.Jean Perkins,616 N.Cactus,Apache Junction,thanked Councilman Damianoforgivingthecitizensanopportunitytovoteonthe Airport issue but stated she would like written assurance that the matter would be put to a vote of the people. Mayor Seeman explained that nothing would be purchased without the voters approval.She asked Director of Public Works Rich Broman to comment. Rich Broman,Director of Public Works,stated the question of an Airport is a study right now;after the study is completed the consultant will made a recommendation to the Airport Commission.The Commission will then make their recommendations of a site location to the City Council.He stated that before the City would enter into any kind of arranaement,the City would want community approval to proceed with development. Mayor Seeman pointed out in response to Mrs.Perkins request the minutes would state that whether or not there would be an Airport in Apache Junction would be decided by a vote of the people. Mr Joe Morvak,1224 S.Doran,Mesa,stated i t has come to the attention of several of the builders in the area that there are currently temporary delays in the Building Department concerning the processing of building Permits.He stated the obvious problem appears to be a shortage of personnel rather than a problem within the organization as far as doing the work.He stated the number of people who physically appear at the desk and the number of Phone calls received is totally inhibiting the ability of the one full-time and one apparent Part- Structures,awnings,and the setting up of a mobile home, i t should be reasonableforsomeonetocomeinwiththeproperinformation,present i t to the Building Department and be able to leave in a reasonable period of time with a permit thatwillsufficeforeveryone's needs and provide the information to the Citythattheyneedto maintain proper control and perform the necessary inspections. He requested that a way be found so that the Building Department can do its job more effectively because time is money;the builders want to work with the department,they will do what they can to help out on their end,but the builders think theCityneeds to seriously consider the need for some additional personnel.He stated the Council's consideration of the matter would be greatly appreciated by many people in the City. Mayor Seeman stated she understood the problem although with the budget problems there is a freeze on any new hiring of City Staff. Acting City Manager Bill McDaniels stated that because of the new legislation and the limit in the budgeting,in the comm a year there are no plans to increase any staff. Leo Frazier,Building Official,stated that Mr.Morvak is correct;he predicted this would happen last November. He stated that over the Past two days all calls to the Building Department,and all the people walking into theoffice,have been logged.He stated in the past two days there have been 186 phone calls and 80 people walk in, futher,he stated he could not disagree with Mr.Morvak's statements --the ladies cannot respond to the people who are calling and walking in and process other items. Mayor Seeman stated thatthe City Council provided that the building fees would cover the administration of the department,and directed the City Manager to investigate the matter. Building Official Frazier stated the Building Department is unique becauseof the self-supporting feature and without increased fees,lust due to the increased activity,revenue comes up and the money is there.Mr.Frazier statedthatfromtheprofessionalsourceshe has access to,and his own Personal belief, he feels that for the first six months of the year there will be a steady increase in building and the second half of the year he expects to see thiOgs take off dramatically. Mayor Seeman suggested the City Manager look into that department,to assess the needs and money available for additional staff and to Provide recommendations. Mayor Seeman further stated that the Building Department's problem is not the only one; Animal Control is another --the budget restrictions do not allow all the good things that the Council would like to provide to all the people.She stated the City is now starting the budget process for the next year. CITY MANAGER'S REPORT Acting City Manager Bill McDaniel reported there have not been any accidents in the west -bound lane on Highway 60 at the intersection/crossover since itsmodificationbytheHighwayDepartment. PUBLIC HEARINGS There were no public hearings. APPOINTMENTS TO THE ELECTION BOARD Councilman Damiano seconded the motion. Mayor Seeman stated for infor- mation purposes that when the Election Board was originally appointed,two of the appointees reported back that they would not be available to serve which meant replacing them. VOTE:Unanimous The 'motion carried. NEW BUSINESS PROPOSED ORDINANCE NO.87,AMENDING CHAPTER 13, ARTICLE 13-2 OF ORDINANCE_ NO.38 OFF -SITE IMPROVEMENTS (Wffilt EMERGENCY CLAUSE)_ ) Mayor Seeman stated the item was provided in response to Councilman Eidson's request to the Department of Public Works. Councilman Eidson stated that the City currently has a situation in which any commercial building establishedwithintheCitylimitsmustprovideoff -site improvements such as paved streets,sidewalks,curbs and gutters.He stated the proposed ordinance will provide for the possibility of postponing the installation of the required off -site improvements by the Director of Public Works provided the applicant agrees to enter into an Improvement District in the future.He stated the advantage to an ImprovementDistrictisthati t doesn't have to be paid for all at once -- i t takes a period of about ten years to pay for i t and the Improvement Districts could be a couple of years or even five to ten years down the road depending on how the City goes. Mayor Seeman recognized Mr. Morvak. Mr.Joe Morvak,1224 S.Doran, Mesa,stated that after having spoken with other people regarding this issue,he could fully agree with the basis under which i t is set up.He said the idea that if someone is constructing in an area that could be anywhere from one tothree miles from any other paved area or any traffic -type area with a singularbuildinginthatlocation,the expense at the time of construction could be somewhat similar to some of the subdivisions on the south side of Main Street where there are a quantity of half -streets that have been there for twelve totwenty years and are at various stages of deterioration because they are not complete He stated that,unfortunately,the obligation which may be a ten- or a twenty- or thirty -thousand price tag today,in ten years is probably going to be many timesthatfigure.Mr.Morvak suggested the City first look at the ability of either the current owner or owners of the property being able to handle a tab that may well amount to something in excess of 100,000 or 200,000 dollars ten years from now. He also stated attempting to work out a somewhat legal solution concerning what happens if on a given day i t is determined that the stretch of roadway is to be developed fully;he asked i f the City would file a lien against the property which would have to be satisfied at time of sale,which could be never,and Proceed from that point.He said there are a lot of sticky Questions because i t doesn't matter whether the City is dealing with a non-profit organization,a fraternal group,or a church group;the obligation is still there,the possibilities of problems down the road exist especially when you are talking very large sums of money. He stated,being in business,he will cringe at the intitial cost to dooff -site improvements today and he would have a difficult time swallowing the Mayor Seeman asked Mr.Morvak if he was speaking in favor of,or in opposition to,the item. Mr.Morvak stated if he was going to physically construct a building on a given corner lot in an area that at the time is somewhat remote within the City he could probably very easily spend 50 to 80 thousand dollars in the process of nutting in curbs,gutters, sidewalks,lights,and building half a street in two directions which could preclude the possibility of ever starting whatever business was intended for thatstructure.He added that on the other hand,something along the lines of K -Mart and Safeway,with millions of dollars available,the expense is built in and recuperable.He felt dealing with smaller concerns and private individuals the problem is very serious and needs to be fully addressed because problems will continue to surface.Mr.Morvak reminded the Council that numerous months ago the City of Chandler talked about improving specific streets and i t turned outthatanimprovementdistrictatthattime was in excess of three times the valueof the property being improved. Councilman Shanks stated she had voted haphazardly on one ordinance she was unsure of,and because she was unsure of this ordinance she would like some of the fine details worked out.She asked what the citizens'recourse would be if the City's Building and Planning Department decide that a certain area needs to be developed,the street on both sides is 80 percent populated,and the people at that time cannot afford the Improvement District.She asked if they would be penalized,or taxed,if their property would have a lien placed on it.She stated she wanted to know this before she voted on the proposed Ordinance. Director of Public Works Rich Broman stated with an Improvement District the normal course of events in every type of Improvement District is that the property is assessed, and if the assessment cannot be paid the property is put up for public auction.Mr. Broman gave an overview of the detail that went into the study.He stated the request was a very difficult one to consider;minimum valuation on a property,vehicle trip rates,maximum traffic volumes,development and densities,existing road conditions,review by committee,bonding construction,and sequencing wereconsideredinestablishingthecriteria.I t became apparent in the study that small businesses could generate just as much traffic,if not more than some of the larger industrial manufacturing and warehousing projects.He said that based upon traffic engineering reports,whereas industrial manufacturing and warehousing would generate from about two to four trips per employee,smallbusinesses,drive-in restaurants,auto service stations,and convenience markets would generate from five to seven hundred vehicles per business based on a square footage floor area.There are some things that were considered when theoriginalordinance was prepared and without Ordinance 38 there is a possibilitythatvehicular accidents could increase due to inadequate lane widths,speedreductionsfor moving in and out of development sites could create traffic problems,dust is a pollution problem and with increased traffic there would be increased pollution,maintenance would increase due to the number of vehicles, and administration costs to monitor and assure future compliance with apy,of -the improvement districts would take considerable staff time.He added that Mr. Morvak's comment on inflation is really something to be considered.A lot of the costs are turned back to the taxpayer who,over the last twenty years has inherited inadequate roadways,improper drainage,no sidewalks,lower property values,andhigher accident potentials due to the lack of improvement. Mr.Broman stated Ordinance 38 was a good step toward providing many long overdue things in Apache Junction,but with Mr.Eidson's remark at the last Council meeting there may be some hardship cases.He stated the intention of the amendment to this ordinance was not for everybody to come in the door and ask for a postponement or to enter into some kind of im rovement district i t is for those eo le Director of Public Works Rich Broman stated the nice thing about an improvement district is that with a development,especially a small development,developing by staaes is costly andthereforeanumber of small parcels can be assembled and a plan created to construct a project in the amount of a quarter mile to a mile of roadway and whenever unit costs are increased,or quantity is increased the unit costs drop.He stated the benefit of the improvement district is to combine allof these things and get the job done at a lower cost.He added the inflation factor is something that should be considered;at today's costs,things are going to becontinuallyrising.Mr.Broman stated he felt the businessmen and residents of any community owe something to the community in which they live.He said i t is a small portion to ask for someone to pay their fair share of improving theirfrontage which will increase the value of their property and provide for the safety and welfare of the Community. Councilman Eidson stated he has been working with Mr.Broman for three or four months trying to come up with something and several alternatives were investigated.He stated of the differentpossibilities,this alternative appeared to be the best.Mr.Eidson added that many areas were looked into and there are always going to be possibilities that can happen and cause problems;regardless -of what is done because unfortunately every possibility cannot be anticipated as one looks at the future. Assistant City Attorney Susan Goodwin stated that unfortunately the City is faced with haveing to choose between two rather unpalatable choices.She stated one was the current cost andcurrenthardshipforpeople,who five years down the road may or may not be able to handle the cost of the improvement,as opposed to the possibility of postponing the off -site improvements which would permit the future higher costs.She stated she didn't have the answer; the attorneys were asked to come up with an alternative to allow the Council to make a decision.What was contemplated,and is contem- plated in for form of an improvement district agreement is that when there is acertainpercentageof people in the district they will be reauired to put in the improvement district;there is no choice at that time;an agreement was signed giving the City the power to sign their name if necessary. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIOZNA,THAT THE READING OF ORDINANCE NO.87,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill secondedthe motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read Ordinance No. 87 by title only with the emergency clause. City Clerk Marlis Davis read as follows: "ORDINANCE NO.87,AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 13,ARTICLE 13-2,APACHE JUNCTION CITY CODE,AND ORDINANCE 38 OF THE APACHE JUNCTION CITY CODE,BY MODIFYING SECTION 13-2-3-C,PROVIDING FOR PENALTIES,PROVIDING FOR SEVERABILITY,PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES,AND DECLARING AN EMERGENCY." Councilman Hill seconded the motion. VOTE:In favor -Councilman Damiano Councilman Burgess Councilman Eidson Councilman Hill Vice Mayor Granillo Mayor Seeman Opposed -Councilman Shanks The motion carried. EXECUTIVE SESSION,MARCH 4, 1981 )Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON MARCH 4,1981,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS Councilman Damiano addressed statements that were made at a local restaurantrecently: (1)The City has a six million dollar budget. Councilman Damiano stated this was not true;the budaet is published in the newspaper and is $3,023,527.00 which includes a $500,000 contingency to accept grant money. (2)That the City purchased five new Buicks for the police department. Councilman Damiano stated the fact is that the City at present has one 1980 Buick LeSabre which was pruchased from the lowest bidder and paid for by a Highway Safety Grant.The Police Department has no other new automobiles of any make and has nointentionof purchasing one.List of all city vehicles is onfileintheCityClerk's office. (3)Roy Hudson annexed Gold Dust Mobile Home Park. Councilman Damiano stated November 1979,Mr.Halbert petitioned the City Council;May 7,1980, the present City Council approved the petition;and June 7,1980,annexation was effective.HestatedMr.Hudson was not a member of the Council at the time of the request,nor at the time of approval. (4)That the City owes $500,000 to the Federal Government for the buildings. Mayor Seeman stated that the City Council night for working people is from 7:00 to 8:00 p.m. on Tuesdays and each Councilman has been given a day. ADJOURNMENT ) Mayor Seeman adjourned the meeting at 8:00 p.m. APPROVED THIS 1511.17 DAY OF 1/41710.ALC-100 ,1981, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. ATTEST: MARLISO.DAVISCiVrClerk VIRGINI/A SEEMAN Mayor