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HomeMy WebLinkAbout1982-05-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 18,1982 The regular meeting of the City Council of the City of ApacheJunction,Arizona,was held on May 18,1982,at the Apache Junction Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Clarke called the meeting to order at 7:03 p.m. INVOCATION Councilman Eidson led the Invocation. PLEDGE OF ALLEGIANCE Councilman Steelsmith led the Pledge of Allegiance. ROLL CALL Councilmen Present: Staff Present: Others Present: Councilman Steelsmith,Councilman Shanks, Councilman Damiano, Councilman Eidson,Councilman Hudson,Vice Mayor Hill, Mayor Clarke City Manager J.James TuvellCity. Clerk Kathleen ConnellyDirector of Public Works Rich Broman Lieutenant Mercer WeiskottenDirector of Planning Joe GeroCity Attorney Arnold Hirsch Ms Jean Perkins 616 N. Cactus Apache Junction,Arizona 85220 Mr.Matt MaHaffey Arizona State University Needs Assessment Program Mr.Stephen Crittendon 400 North Plaza Drive Space 438 Apache Junction,Arizona 85220 Mr.Carr Carr/White Insurance 1810 East Main Mesa Arizona 85204 The motion carried. ACCEPTANCE OF MINUTES OF REGULAR MEETING OF MAY 4, 1982 ) )Vice Mayor Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MINUTES OF THE REGULAR MEETING OF MAY 4,1982,BE ACCEPTED AS PRESENTED. Councilman Damiano seconded themotion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Clarke expressed his appreciation of Mr.Robert DeBow'scontributionstothe community,and presented Mr.DeBow with a Certificateof Appreciation. CALL TO THE PUBLIC Ms Jean Perkins,616 North Cactus,Apache Junction,Arizona,expressed her views towards Charter Government for Apache Junction. CITY MANAGER'S REPORT City Manager James Tuvell called on Director of Public Works Rich Broman to brief the Council on the progress that has been made on streetrepairs. Mr.Broman informed the Council that the Department of Public Works has completed approximately 11 miles of chip sealing,and will be paving in the near future. City Manager Tuvell reminded the Council that the Development Guide had been presented to the Council for a 30 day study period,and the periodwillexpireveryshortly,and invited the public to make any written comment on this. Mr.Matt MaHaffey presented the results of the Needs Assessment Survey, which was partially funded by the City of Apache Junction,with the purposeof assessing the employment,medical, and basic needs of this area. PUBLIC HEARINGS APPLICATION FOR SMALL GAME BINGO LICENSE,LOST DUTCHMAN TRAVEL TRAILER RESORT ANNEX )Mayor Clarke opened the hearing to the -public. Mayor Clarke asked i f there was anyone who wished to speak in favor of or in opposition to the application. There being no one wishing to address the Council,Mayor Clarke closed the hearing to the public. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A SMALL GAME BINGO LICENSE,SUBMITTED BY THE LOST DUTCHMAN TRAVEL TRAILER RESORT ANNEX,BE AND HEREBY IS, RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO LICENSING AUTHORITY. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. OLD BUSINESS PROPOSED ORDINANCE NO.142, KOVACS (Second Reading) )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.142,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Clarke called upon the City Clerk to read Ordinance No.142,by title only for the second reading. City Clerk Kathleen Connelly,read asfollows: ORDINANCE NO.142,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-82 FROM (GR)GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.142,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINACE BY AMENDING THE ZONING MAP CHANGING THE DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-82 FROM (GR)GENERAL RURAL TO CB -2 GENERAL BUSINESS ZONE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING SEVERABILITY;AND PROVIDING PENALTIES,BE AND HEREBY IS,APPROVED AND ADOPTED FOR THE FOLLOWING REASONS: A."THOSE REASONS AS SET FORTH BY THE PLANNING AND ZONING COMMISSION WHICH ARE HEREBY ADOPTED BY REFERENCE." COUNCIL DECISION ON CHARTER GOVERNMENT ) ) Mayor Clarke called on the City Clerk to read report of Final Opinion of the Charter Government Committee. City Clerk Kathleen Connelly read as follows: "February 11,1982 After a great deal of research and discussion,the Charter Government Committee would like to report that eight (8)members voted against adoptinga Charter form of government at this time,and five (5)voted to accept it. 1. I f the public takes the time to analyze the achievements and financialpositionofthe City, they will note that the present form of General Law Government has worked well for Apache Junction.For example,the City has accomplished the following: a. In the first year of the City's existance,the initial loan to operate the City was repaid with interest. b.Since its beginning,Apache Junction has operated without a deficit. Prudent management and supervised spending has created a surplus that is wisely invested to generate future interest which will enable theCityto continue to function debt free. c. An accomplishment that we should look upon with satisfaction is that we have a City Complex which houses all departments and equipment necessary to the efficient performance of City Government. 2.Our further research revealed that under General Law Government a Mayor may be elected at large,but the City MUST be divided in Wards to accomplishthis.However,under Charter Government,the Mayor may be elected without a Ward System. 3.There is a misconception concerning budgetary procedure.As aforementioned,the City has created a surplus as a result of proper budget management. By referendum,under either form of government,unencumbered f unds may be transferred between City departments. 4. A properly written charter is an excellent vehicle for governing our City, i f i t does not limit the power of it's administrators. In conclusion,i t is the opinion of the Committee,by majority vote,that thebenefitsofhavingaCharter Government as opposed to General Law Government is not advantageous for Apache Junction at this time.We do recommend that theCity Council should reevaluate the merits of Charter Government for our City at a later date. Respectfully submitted,Mildred E. Conway, Chairman Charter Government Committee" Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE CITY COUNCIL APPROVE THE RECOMMENDATION OF THE CHARTER GOVERNMENT COMMITTEE,THAT THE ADVANTAGES OF CHARTER GOVERNMENT FOR APACHE JUNCTION IS NOT ADVANTAGEOUS FOR APACHE JUNCTION AT THIS TIME. Charter Government carries the clout needed to monitor the needs and demands of a community.Cities using a Charter system have more governing provisions that are unavailable under General Law systems. Examples Elected officials residency requirements Tax limitations Mayor and Council -Present form of governmentElect Mayor - without going to political ward controlled districtsHve non-partisan elections Mayor and Council terms regulated -limit consecutve terms -staggered terms defined Exercise investment alternatives for idle funds expand planning - zoning requirements tailored to local needsSelectionprocedures forMayor Pro Tern for when Mayor and Vice Mayor are absent The right to define and abate nuisancesDevelop housing codes pertinent to our areaGreater authority to control land use development Devise methods for awarding contracts - formal and informalFine tune City elections to meet specific needsCitizens Commission on salaries Sign control not in conformance with zoning laws Remedies for air, water,noise pollution Exchange of real property It would br oaden the rights of the people to determine how their City should be operated.Charter government derives it's powers from the advantagebecause no two cities are culturally,socially or structually alike,norshould they be.Recent news items on Charter government stressed election ofa Mayor.This is a relatively small minor issue.In order to have a soundstructured City,direction mvstcome from home grounds. I t is quite obvious that the City has made progress in growth and development. In order to be at our peak we must adopt the Charter form of government.Asfor our bountiful surplus of funds.Tha money is tied up by budgetaryconstraintslevied by the State legislature.We can only spend the interestderived from these funds.You cannot judge our City by its chronological age. The City has matured beyond its age.I stand on the position that governmentOf the people,by the people is the only way to maintain the balance that weallstrive for." Councilman Steelsmith stated that he also made a commitment for Charter Government to the people,and intends to stickwiththat commitment,and believes that Charter Government allows the maximumfreedom for all citizens,and is the best tool offered in the State of Arizona, and if we do not use all freedoms offered to us we may lose them.Councilman Steelsmith stated that he felt that Charter Government would be adopted by theCity of Apache Junction,if not at this time,in the near future. Councilman Eidson commended the Charter Government Committee on their performance. Councilman Hudson recommended the Councilagree with the recommendation of the Charter Government Committee,and expressedhisviewsof a Charter form of government for Apache Junction. Vice Mayor Hill agreed with Councilman Hudson. issues should be in the Charter. Councilman Hudson expressed the opinion that more important matters should be resolved before a Charter is seriously discussed. VOTE:In Favor:Councilman Hudson,Councilman Damiano, Councilman Eidson,Vice Mayor Hill,Mayor Clarke Opposed:Councilman Steelsmith,Councilman Shanks The motion carried. Mayor Clarke recessed the meeting. Mayor Clarke reconvened the meeting at 8:01 p.m. NEW BUSINESS PROPOSED RESOLUTION NOS.82-20,AND 82-24,CDBG GRANT APPLICATION ) )Director of Planning Joe Gero briefed the Council on the Community Development Block Grant program,the application for which required Council approval. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-20,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDS AND CERTIFYING THAT SAID APPLICATION MEETS LOW - AND MODERATE -BENEFIT REQUIREMENTS OF THE STATE CDBG PROGRAM,BE AND HEREBY IS,APPROVED. BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE DIRECTED TO SUBMIT A 1982 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS AND ARIZONA OFFICE OF ECONOMIC PLANNING AND DEVELOPMENT. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Director of Planning Joe Gero explainedthat this second resolution authorizeds CAAG to recover planning costs. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERMITTING THE REGION V COUNCIL OF GOVERNMENTS (CAAG)TO RECOVER COMPLETED AND ON -GOING COMPREHENSIVE PLANNING COSTS ASSOCIATED WITH THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 1982,BE AND HEREBY IS,APPROVED. Councilman Hudson seconded the motion. VOTE:Unanimous Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT RESOLUTION NO.82-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING THE POLICE DEPARTMENT -CHIEF OF POLICE - TO ENTER INTO AN AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION,OFFICE OF HIGHWAY SAFETY,FOR FUNDING OF A TRAFFIC ENFORCEMENT UNIT,SUPPORT EQUIPMENT AND PERSONNEL FOR THE APACHE JUNCTION POLICE DEPARTMENT AND DECLARING AN EMERGENCY. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. Councilman Steelsmith MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO.82-22,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA, INDICATING THE INTENT OF THIS BODY TO MAINTAIN,AFTER THE FIRST 12 MONTHS OF FUNDING BY THE OFFICE OF HIGHWAY SAFETY OF THE ARIZONA DEPARTMENT OF TRANSPORTATION,WITH CITY FUNDING THE TRAFFIC ENFORCEMENT PROGRAM REQUESTED FOR FUNDING BY THE CITY OF APACHE JUNCTION THROUGH RESOLUTION NO.82-21..,THIS PROGRAM WILL CONTINUE TO BE OPERATIONAL WITHIN THE POLICE DEPARTMENT OF THE CITY OF APACHE JUNCTION FOR A MINIMUM OF 12 SUCCEEDING MONTHS FOLLOWING THE END OF FUNDING FROM THE OFFICE OF HIGHWAY SAFETY,AND DECLARING AN EMERGENCY,BE AND HEREBY IS,APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. APPOINTMENT OF INSURANCE BROKER ) )City Manager James Tuvell stated that thelettersrequestingproposalsforinsurance coverage were sent to various brokers and agents,proposals being received from Carr/White and Fred S.James only. Mr.Tuvell informed the Council that the recommendation of the review committee and the staff,is that Fred S.James be appointed the City Insurance Broker. Mr.Carr,representing Carr/White Insurance, requested that the Council consider the Carr/White proposal. City Manager Tuvell pointed out that both proposals were similar in coverage,and informed the Council for the record,that Carr/White carries his personal insurance. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT FRED S.JAMES,BE APPOINTED AS BROKER FOR PROPERTY AND CASUALTY INSURANCE FOR THE CITY OF APACHE JUNCTION EFFECTIVE MAY 19,1982. Councilman Hudson seconded the motion. VOTE:In Favor:Councilman Eidson,Councilman Damiano,Councilman Steelsmith, Councilman Hudson,Vice Mayor Hill,Mayor Clarke Opposed: Councilman Shanks VOTE:Unanimous The motion carried. INFORMATION AND REPORTS (COUNCIL LIAISON REPORTS) Councilman Damiano called on the Chairman of the Veteran's Memorial Park Committee,Dicke Rabidue. Mr.Rabidue stated that the community has been extremely generous tothe project,and commended the gazebo contractor,Mr.Harvey Long. Councilman Steelsmith reminded the public that the proposed General Plan is available for review and comments are welcome. Councilman Hudson expressed his appreciation for the street repairs. REQUESTS OF COUNCIL Councilman Eidson requested that the staff work with the necessaryofficialsandagenciestofurthertheextensionoftheSuperstitionFreeway to Apache Junction. Vice Mayor Hill requested that the staff be given direction to display the photographs of all Council members in the Council Chambers. Councilman Shanks requested that nameplates be placed on the Council Chambers door with Council members and the Mayor's names. City Manager Tuvell stated that it will now be possible for Apache Junction to acquire a credit union for City employees since the City had received notice of acceptance into a credit union. Mayor Clarke proposed the following motion: Mayor Clarke MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE BALLAD "LOST DUTCHMAN DAYS"WRITTEN BY MR.JAY MITCHELL,BE AND HEREBY IS, ADOPTED AS THE OFFICIAL SONG OF THE CITY OF APACHE JUNCTION. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ADJOURNMENT )Councilman Hudson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:33 P.M. Vice Mayor Hill seconded the motion. VOTE:Unanimous The motion carried. ATTEST: KATHLEEN CONNELLYCity Clerk