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HomeMy WebLinkAbout2003-03-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 18,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 18,2003,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:10 p.m. INVOCATION Councilmember Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance'.. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present: (Councilmembers Dietz and Durbala were absent.) City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Interim Assistant City Manager/Assistant to the City Manager Bryant Powell REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 1 OF 12 Others Present:'None. ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM 4 ON THE CONSENT AGENDA,IF WE COULD PLEASE MOVE THAT TO IMMEDIATELY AFTER THE CITY MANAGER'S REPORT,THAT'S AT THE REQUEST OF COUNCIL MEMBERS AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEE:PARKS AND RECREATION DIRECTOR JEFF BELL FOR HIS APPOINTMENT TO THE ARIZONA OUTDOOR RECREATION COORDINATING COMMITTEE;AND THAT THE AWARD OF BID FOR PW 2002-09,CONSTRUCTION OF BOX CULVERT AND RELATED STREET IMPROVEMENTS TO SOUTHERN AVENUE AT WEEKES WASH,BE AWARDED TO BISON CONTRACTING,INC.IN THE AMOUNT OF $261,643.25 PLUS 10% CONTINGENCY OF $26,164.32 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $287,807.57;AND THAT THE AWARD OF BID FOR PW 2002-23,CONSTRUCTION OF CONCRETE,STORM DRAINS, RELATED IMPROVEMENTS AND ADDITIVE ALTERNATIVE ON SUPERSTITION BOULEVARD FROM MERIDIAN ROAD TO IRONWOOD DRIVE,BE AWARDED TO ARCHON,INC.IN THE AMOUNT OF $1,246,358.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $124.635.80 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $1,370,993.80;AND THAT THE AWARD OF BID FOR PW 2003-05,CONSTRUCTION OF APACHE TRAIL BOX CULVERT EXTENSION,BE AWARDED TO J.BANICKI CONSTRUCTION,INC.IN THE AMOUNT OF $48.373.25 PLUS 10% CONTINGENCY IN THE AMOUNT OF $4,837.32 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $53,210.57:AND THAT THE AWARD OF BID FOR PW 2003-06,CRACK SEAL MATERIALS,BE AWARDED TO MAXWELL PRODUCTS,INC.IN THE AMOUNT OF $0.174 PER POUND OF MATERIAL;AND THAT THE AWARD OF BID FOR FOUR VEHICLES USING THE STATE OF ARIZONA PURCHASING CONTRACT BE AWARDED TO FIVE STAR FORD FOR THREE CROWN VICTORIA POLICE INTERCEPTORS IN THE AMOUNT OF $69,045.30 AND BILL LUKE DODGE FOR ONE 2003 JEEP LIBERTY SPORT IN THE AMOUNT OF $22,660.60 FOR A TOTAL AMOUNT OF $91,705.90, INCLUDING TAX;AND THAT FOUR EYEWITNESS INDUSTRIAL GRADE IN -CAR VIDEO SYSTEMS BE PURCHASED THROUGH THE STATE OF ARIZONA PROCUREMENT OFFICE FROM APPROVED VENDOR KUSTOM SIGNALS,INC.FOR A TOTAL AMOUNT OF $19,151.63,INCLUDING TAX;AND REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 2 OF 12 THAT APPROVAL BE GIVEN TO PURCHASE A CANON IR6000 COPIER FROM DANKA UNDER THE STATE CONTRACT PROGRAM IN THE AMOUNT OF $21,052.68,INCLUDING TAX. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the court proceedings on the canvass of votes:election problems:his request to see the ballots:his complaint about people standing in front of the public during the vote tabulation:and his query about why the ballots were sealed so quickly after the election.It all appears suspicious to him.He added i t appears the canvass of votes resolution could be referred and questioned how they could "get their election back". Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction,addressed the council regarding one of the candidates who wrote an article in the paper wondering why he did not get as many votes in the election as he had on his nomination petitions.Mr.Pisinski stated the candidate came to his home and he signed the petition,however,he told him at that time he would not be voting for him.He was giving him the right to be on the ballot.Mr. Pisinski stated the candidate should not be throwing a cloud over the election as he is sure he is not the only one who did that and feels that way. Mr.Dan Wald,3400 S.Ironwood Drive,Apache Junction,addressed the council regarding the purchase of the Crown Victorias.He hopes they are including a remedy for the problems encountered by these vehicles in the purchase.He encouraged the council and city staff to commence collecting the costs associated with a frivolous recall.The individual should be charged the costs incurred.He does not approve of his tax money being spent that way. REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 3 OF 12 He congratulated the winnert-jn the last election,encouraged those who ran to run again,and wished good luck to those still in the running.He suggested the council and county supervisor. put.together a 06 -active group with citizens,key city employees,city government employees,and civic groups and as a group address the threat from Mesa.He urged them not to put their heads in the sand as Mesa is trying to become a city larger than Phoenix.He thinks they should work close with the Central Arizona Association of Governments. He also recommended the council pass a resolution supporting whoever we have in the fight and encouraging the people in the city and county to do whatever they can to support them. Mr.Gary Mulholland,710 S.Mule Shoe,Apache Junction,addressed the council regarding Lost Dutchman Days..He had Captain Mike Mills of the Apache Junction Mounted Rangers with him.He commented about the impact Lost Dutchman Days has on the community,allowing them to promote historical programs at the elementary schools;give out 190 rodeo tickets to the children;participatiqn of mentally challenged children in the rodeo; additional tax dollars;and provide financial assistance to numerous non- profit organizations in the community.They again had record breaking crowds and will need additional parking areas over and above what was added this year.They had 13,000 spectators last year;they estimate they had 15,000 this year on Saturday alone.He thanked city staff and requested they and the council members join them on Thursday evening at Los Vaqueros where they will present checks to other 'non-profit organizations totaling in excess of $32,000.He then requested Mr.Mills to present Jeff Bell with a check for the Parks and Recreation Department in the amount of $10.000.He is proud that they have been able to accomplish their goals. Mr.Louis Babin,2191 S.Belair Road,Apache Junction,addressed the council regarding the election tabulation problem.He suggested that a real time check off clipboard system be used in the future.I t is used in the military to assure every procedure has been done and i t is then checked off.He believes this could be added without too much cost.If problems continue to happen,people may not vote in the future.This may put confidence in the voting system. Mrs.Anita Linker,833 E.Friar Avenue,Apache Junction,addressed the council regarding the discrepancies on the times and dates printed on the ballot results for election night and on March 13,2003.She questioned how the ballots were double counted.She had heard they were put into a pile and REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 4 OF 12 recounted again.She also was concerned about the delay in notifying the candidates once the error had been discovered. CITY MANAGER'S REPORT None. CONSENT AGENDA ITEM NO.4 PROPOSED RESOLUTION NO.03-06:DECLARING . AND ADOPTING THE RESULTS OF THE MARCH 11, 2003 PRIMARY ELECTION )City Clerk Kathleen Connelly briefed the council on the item.This resolution is the canvass of votes. She described the information included in the: resolution and how the information is obtained.She stated the mdribers ad not match on the ballot report and time voucher for Four Peaks: ,,the other pollinglocations all matched.She detailed the information she went over for the Four .Peaks polling location,which showed a total of'444 ballots that could be counted at that series of precincts.However,the precinct report showed there were 888 total ballots processed.It appeared to her that this particular set of ballots had been run through twice.She contacted Gilbert Hoyos of Pinal County and explained what she had found.She also notified the city attorney. Mr.Hoyos checked his records and called her back,verifying her opinion of what had happened.She also explained the difference between the early ballot total of 170 and the early ballot ballot precinct report total of 167 occurred because 3 ballots were turned in too late in the evening,though prior to 7:00 p.m.,to be verified by voter registration.They were verified the next day and included thereafter.She went through the order of the tabulations as provided to her by Mr.Hoyos.The first set run was the early ballots with 167 ballots processed,then Four Peaks Elementary School with 444 ballots processed,then Desert Shadows Middle School with 751 ballots processed,then Four Peaks Elementary School with 444 ballots processed again,and finally Superstition Mountain Elementary School with 668 ballots processed.There was an additional set of 32 test ballot cards run earlier for a total of 2,506 ballots processed,leaving a total of 2,474 voted ballots processed.If 444 ballots are subtracted due to the Four Peaks ballots being processed twice,i t leaves a total of 2,030 ballots.The 3 early ballots that were not included in the initial reports needed to be added back in,making i t 2,033 ballots that were processed.She wanted to clarify that the ballots were not opened REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 5 OF 12 to arrive at these figures.They ..were not touched:they remain sealed in a safe.These numbers were numerically calculated and changed by hand by people in the county elections office.The information was then faxed to her.The ballots cannot be opened without a court order. Vice Mayor Surra asked if the machine that gives the information on the sheets per precinct is also the one that date stamps them. City Clerk Kathleen Connelly stated she believes so,but i t is not a city machine.It date and time stamps i t in some manner. Vice Mayor Surra commented since i t is a computerized machine,someone failed to reset i t in between the time that it was plugged in,unplugged and plugged back in.That would account for the time differences on these. City Clerk Kathleen Connelly stated it could. Mayor Coleman asked if that was definitely known,as the last report states it was printed on March 11,2003, at 21:14.28 hours.That is the corrected result. City Clerk Kathleen Connelly stated she could not answer that,but she believes that what the vice mayor said is true. City Attorney Joel Stern stated he talked to Mr.Hoyos today who advised there is a preset mechanism that apparently was not done for either the date or the time on any of these reports.They were so focused on getting a revised version with the correct results they overlooked that.He believes it should have been done,but i t did not affect the results of the election. Mayor Coleman asked why the ballot results do not show "with five precincts reporting"instead of "with four precincts reporting"if one set of ballots were run through twice. REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 6 OF 12 City Attorney Joel Stern stated he believed that is another pre-set issue. Vice Mayor Surra commented she understood that it was coded by polling location and only four polling locations were coded.Even though the ballots would have been counted again, they were counted for the one polling location.It gave a duplicate,or double count,for that location.It would still only show four polling locations even though it was run through twice. City Attorney Joel Stern stated there are prepunched marks at the bottom of the ballot that say which precincts the ballots come from. ,Vice,M8yor Surra commented that is what she understood from Mr.Hoyos when :she asked him that question. .Mayor Coleman asked if there is a checklist like Mr.Babin referred t City Clerk Kathleen Connelly stated there is a book produced by the Secretary of State's Office that goes through a step by step process for automatic vote tabulation.She has never seen a checklist attached to that.Mr.Hoyos may have a checklist that he uses during the process.She has her own checklist that she does for certain parts of the election,such as dates for getting out sample ballots,dates to notify candidates of various things,dates for people to file their campaign finance reports.However,since she does not do the actual tabulation,she does not know if there is one used by the county.She pointed out that even though they state on election night that those are unofficial returns,people automatically assume that is not the case.They are unofficial returns until the council does the canvass of votes. Vice Mayor Surra commented that the irreconcilable numbers came up during the preparation for the canvass of votes. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 7 OF 12 -_,MayOr Coleman stated they are canvassing the correct numbers tonight. City Clerk Kathleen Connelly stated that is correct.The city attorney compared those to the reports that were received and approved it as to form. Vice Mayor Surra commented the ballots did not have a problem,it was the mathematical computation from the machinery. City Attorney Joel Stern stated i t was human error,too,of picking up the ballot stack and putting i t in twice. Vice Mayor Surra commented she noticed that the gentleman in charge of that was constantly being interrupted and harangued that evening by people who were anxious to get the count over and done with.I t is easy to see how someone could be distracted.They cannot allow the employees who are in charge of that process to go through any distraction again.We will need to rethink how we allow people to interact with the election workers doing the count.I t is not the place to ask questions. Mayor Coleman commented he thought they had a right to watch them be counted. Vice Mayor Surra commented they have that right,but she does not think they should be allowed to interfere with them. Councilmember Eck commented he hoped there was not a perception that the council,staff,or county staff are not as equally frustrated with the whole outcome as the candidates running and the citizens who support them.He believes they all share the concern that the public will get frustrated and wonder why they should vote.He assured the public that all of them are equally frustrated with this result.They would definitely like to see the next race run accurately and smoothly.They would have felt the same about this race.I t is not good on our image,even though they have no control over it. REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 8 OF 12 Councilmember Urich commented that the tape did not go from one side of the room all the way to the other side of the room and people were going up and down the ramps on both sides.She thought that could also have been a distraction. Councilmember Milkey asked if they are required by the Secretary of State to have Pinal County run our elections. City Clerk Kathleen Connelly stated i t is done through an intergovernmental agreement with Pinal County.There are not a whole lot of agencies in this state that do this particular service. It allows better access to the bulk of your voters,the voter registration material,and better coordination between the recorder's office,the city office,and the election office for the city to work with Pinal County. Mayor Coleman closed the item with no further discussion and called fora motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.03-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 11,2003,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 9 OF 12 None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Milkey MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 31,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 1,2003, IN THE CITY CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Milkey announced he attended Luke Days 2003 with his family on Saturday and celebrated the 100th anniversary of flight and the 50th anniversary of the Thunderbirds. Vice Mayor Surra commented the council has been invited to a Salt River Project briefing and helicopter tour on March 20. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:00 p.m. REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 10 OF 12 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 4,2003. 3.Recognition of Outstanding Service to the Community by City Employee:Jeff Bell. 4.Approval of Resolution No.03-06,Declaring and adopting the results of the March 11,2003 primary election. 5.Consideration of Award of Bid for PW 2002-09,Construction of box culvert and related street improvements to Southern Avenue at Weekes Wash to Bison Contracting,Inc.in the total amount of $261,643.25 plus 10%,or $26,164.33,for contingency for a total amount not to exceed $287,807.57. 6.Consideration of Award of Bid for PW 2002-23,Construction of concrete, storm drains,related improvements and additive alternative on Superstition Boulevard from Meridian Road to Ironwood Drive to Archon,Inc.in the total amount of $1,246,358.00 plus 10%,or $124,635.80,for contingency for a total amount not to exceed $1,370,993.80. 7.Consideration of Award of Bid for PW 2003-05,Construction of Apache Trail box culvert extensions to J.Banicki Construction,Inc.for $48.373.25 plus 10%,or $4,837.32,for contingency for a total amount not to exceed $53,210.57. 8.Consideration of Award of Bid for PW 2003-06,Crack seal materials to Maxwell Products in the amount of $0.174 per pound of material. 9.Consideration of request for approval to purchase four (4)vehicles using the State of Arizona Purchasing Contract as follows:for Public Safety Dept. -three (3)Crown Victoria Police Interceptors purchased from Five Star Ford at a total price (including tax)of $69,045.30:for Public Works Dept. -one (1)2003 Jeep Liberty Sport purchased from Bill Luke Dodge at a total price (including tax)of $22,660.60.Total price of all four vehicles is $91,705.90.(All these vehicles were included in the FY 2002- 03 budget.) REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 11 OF 12 10.Consideration of request for approval to purchase four (4)Eyewitness Industrial Grade In -Car Video Systems using the State of Arizona Purchasing Contract from Kustom Signals.Inc.at a total price of $19.151.63.(These systems were included in the FY 2002-03 budget.) 11.Consideration of approval to purchase Canon IR6000 copier to replace Administration Building copier at a total cost of $21,052.68. ACCEPTED THIS 1ST DAY OF APRIL ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST ATTEST: KATHLEEN CONNELLY City Clerk DAY OF APRIL DOUGLAS gOLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,2003. 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 18th day of March.2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of March,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 18,2003 PAGE 12 OF 12