Loading...
HomeMy WebLinkAbout2001-08-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 7,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 7,2001,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 7:00 p.m. INVOCATION . Councilmember Milkey gave the Invocation.- PLEDGE OF ALLEGIANCE:, •Councilmember Dietz led the Pledge of Allegiance. ROLL CALL CouncilMembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz ,Councilmember Durbala Councilmember Eck •Councilmember Milkey Councilmember Urich Staff Present City Manager Curtis Shook Assistant City -Manager George Hoffman • City Clerk Kathleen Connelly. City Attorney Joel Stern Public Safety Director RObert Warner City Engineer Ron Gfittman. Public Works Director Doug Dobson , Development Services Director Dean Svoboda REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 1 OF 20 Others Present:Assistant to the City Manager ,Bryant Powell Management Assistant Shari Watson Library Manager Spencer Paden EMERGENCY REVISION '•).• )Mayor Coleman announced that there is a revised agenda,and stated PURSUANT TftA.R.S:SECTION18-431.02, THE CITY IS:ADDING AN EMERGENCY'ITEM -TO ITS EXECUTIVE SESSION AND CONSENT AGENDAS.THIS MATTER INVOLVES THE RECENT RULING IN FISHER' V.CITY,COURT OF APPEALS CASE NO.2CA-CV .004173.THE CITY COUNCILNEEDS TO OBTAIN LEGAL ADVICE IN:THIS MATTER AND POSSIBLY GIVE FINAL APPELLATE AUTHORITY TO THE CITY , ATTORNEY.WE WILL NOW CONSIDER MEETING IN EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE IN THIS MATTER:IF THE COUNCIL DEEMS IT NECESSARY TO HOLD AN EXECUTIVE SESSION:COUNCIL WILL:MOVE TO THE CITY CONFERENCE ROOM AFTER THE EXECUTIVE SESSION,WE WILL RECONVENETHE REGULAR MEETING FOR THE:REMAINING PORTIONS OF THIS AGENDA:IF THE COUNCIL AGREES TO GIVE THE CITY ATTORNEY APPROVAL TO PURSUE THE CITY'S APPELLATE REMEDIES,THE ADDED CONSENT AGENDA ITEM WILL BE NOTED UPON WITH THE REST OF THE CONSENT AGENDA.THIS IS AN'ACTUAL EMERGENCY UNDER THE LAW SINCE THE APPEAL PERIOD IN THIS LITIGATION BEGAN ON OR ABOUT JULY 31,2001,AND WILL EXPIRE BEFORE THE.NEXTREGULARLY SCHEDULED EXECUTIVE •OR REGULAR SESSION.PURSUANT TO A.R:S.SECTION 38431:02(D);A PUBLIC NOTICE OF,THE CHANGES IN THE AGENDA WILL BE POSTED.He: called fora motion. Vice Mayor Surra MOVED THAT THE MAYOR AND THE CITY COUNCIL CONVENE INTO EXECUTIVE SESSION FOR DISCUSSION AND CONSIDERATION OF APPELLATE REMEDIES IN FISHER V.CITY,COURT OF APPEAL CASE NO.2CA-CV 00-0173, AND THAT THE STATEMENT READ BY OUR MAYOR BE PLACED IN THE MINUTES OF THIS MEETING AND BE INCORPORATED BY REFERENCE AS PART OF THE MOTION WITH REGARD TO THE EMERGENCY NATURE OF THE EXECUTIVE SESSION DISCUSSION AND, IF APPROPRIATE,FINAL APPELLATE AUTHORITY BE EXTENDED TO THE CITY ATTORNEY UNDER THE ADDED SAID ITEM. Councilmember -Dietz.SECONDED.THE. MOTION. VOTE:. Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 2 OF 20 Mayor Coleman announced the council would move to the City Conference Room for the emergency executive session. Mayor Coleman reconvened the regular meeting. ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE DELETION OF ITEM 00;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:THE MIS DATABASE ADMINISTRATOR RIC HENRY FOR HIS ASSISTANCE IN THE POLICE DEPARTMENT'S 2000 ANNUAL REPORT;ASSISTANT PLANNER JULI MCDAID FOR ADVISING A FAMILY ON THE PURCHASE OF A PROPERTY THAT WOULD HAVE BEEN UNUSABLE FOR -THEM:ANIMAL CONTROL OFFICER TIM MCGRADY,ANIMAL CONTROL OFFICER TOM MARCELLINO,AND CODE COMPLIANCE OFFICER VENUS CASSELLA FOR THEIR ASSISTANCE WITH AN INCESSANT BARKING DOG PROBLEM;SERGEANT DAN SCHULTZ,OFFICER TOM PARKER,OFFICER CHARLIE FRALEY,AND OFFICER.BILL VIRTUE FOR KEEPING THE COMMUNITY SAFE ON THE EVENING OF JULY 4:HEAVY EQUIPMENT OPERATOR PAT GARLAND FOR BEING THE SECOND QUARTER PUBLIC WORKS DEPARTMENT EMPLOYEE OF THE QUARTER, SELECTED FOR WORKING SAFELY;ACCOUNT CLERK I DAWN COOK FOR THE MANY HOURS SPENT PERFORMING DATA ENTRY ON THE NEW WATER METER READING PROJECT;RECREATION COORDINATOR ELIZABETH KNOX, .PARKS WORKER I. BILL LANT,PARKS WORKER I I AARON MCDONALD,SENIOR PARKS WORKER JOE ORNELLAS,RECREATION COORDINATOR JAY REYNOLDS,AND CUSTOMER SERVICE REPRESENTATIVE HEATHER WRIGHT FOR PERFECT ATTENDANCE IN THE SECOND QUARTER;AND MAINTENANCE WORKER I I ANDY AMADO AND MAINTENANCE WORKER I I FRANK GRANILLO FOR THE FINE JOB THEY ARE DOING TRIMMING THE TREES ON APACHE TRAIL:AND THAT THE AWARD OF BID FOR PROJECT PW 2001-05,HVAC UNIT REPLACEMENTS AT APACHE JUNCTION CITY LIBRARY,BE AWARDED TO TRI-CITY MECHANICAL,INC.IN THE BASE AMOUNT OF $28,392.00 PLUS AN ADDITIONAL 10%IN THE AMOUNT OF $2,839.20 TO COVER ANY INCREASE IN PROJECT QUANTITIES,FOR A TOTAL AMOUNT OF $31,231.20; AND THAT APPROVAL AND AUTHORIZATION BE GIVEN TO SPEND IN EXCESS OF $10,000 (NOT TO EXCEED $20,000)THROUGH STATE CONTRACT WITH THORNDIKE PRESS FOR LIBRARY MATERIALS,AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 3 OF 20 THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH CROWN ATLANTIC COMPANY,L.L.C.COMMUNICATIONS FOR THE CONSTRUCTION OF AN 80- FOOT MONOPOLE ON THE CITY CAMPUS,PENDING APPROVAL OF THE CITY ATTORNEY;AND THAT THE CONTRACTS FOR HUMAN SERVICES FUNDING FOR FY 2001-02 BE APPROVED AS FOLLOWS:APACHE JUNCTION REACH OUT,INC.$15.000;BOYS AND GIRLS CLUB OF THE EAST VALLEY,$17,000;COMMUNITY ACTION HUMAN RESOURCES AGENCY,INC.,$12,000; MESA SENIOR CENTER,$20.000:AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, $16,000;I WOULD LIKE TO CLARIFY THAT MESA SENIOR CENTER'S $20,000 IS SPENT ENTIRELY AT THE APACHE JUNCTION SENIOR CENTER;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN GRANT CONTRACTS WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $76,875 AND THE ARIZONA CRIMINAL JUSTICE COMMISSION IN THE AMOUNT OF $16.413 FOR THE ESTABLISHMENT OF A VICTIM ADVOCATE POSITION TO BE SHARED BY THE CITY PROSECUTOR AND THE POLICE DEPARTMENT,PENDING APPROVAL BY THE CITY ATTORNEY. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Haig Kachian,1841 E.Tepee,Apache Junction,addressed the council regarding extinguishment of an easement presented to council at the work session the prior evening.He would like to do one of three things with the land.He would either use the 10 undivided acres for himself,or build an equestrian center,or build a bed and breakfast/equestrian center.However, he will not proceed with either plan unless the easement is abandoned as he does not want a road going through the middle of it.He commented he is attempting to go through the process created by the city for extinguishments. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 4 OF 20 Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding clarification on Stone v.Prescott,whether taxation changes warrant the use of an emergency clause,and the possibility of putting the capital facilities plan to the voters.He urged the council to determine if the proposed recycling program will harm non-profit organizations that have recycling programs already in place in certain areas, of the city. Ms.Jackie Kolpin,5040 N.Winchester,Apache Junction,addressed the council regarding the proposed signage for the new Wal-Mart.She requested they not be allowed the larger signage as she believes they will already be a hardship on the smaller businesses. Ms.Yvonne Licciardi,5081 E.Hildago,Apache Junction,addressed the council regarding the proposed recycling 'program.She was there on behalf of the Superstition Coalition,legally called AJ Clean and Beautiful.She urged the council to start recycling and using recycled products. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He urged the council not to appeal the Court of Appeals decision on the CFP plan and to put the plan to a vote.He commented he is not the only person against the plan as he collected 160 signatures on the referendum petitions in two or three days time.He is bringing forward the silent majority's concerns.He also stated that all of his court cases against the city are negotiable. Ms.Stephanie Fish,2742 W.Ironstone Avenue,Apache Junction,addressed the council to introduce herself as an applicant for the Parks and Recreation Commission.She had missed the interviews last night.She described the community service she has done thus far and asked to be considered for the commission, Ms.Grace Ezpeleta,420 E.2nd Avenue,#5,Apache Junction,the co -coordinator of Superstition Coalition with Yvonne Licciardi,addressed the council.She has been working with city and county staff on the recycling issue.She has been getting support from Apache Junction and other cities,along with church organizations and other organizations.The program will not divert revenue to their causes as they will only be dropping off things at their separate sites. They will provide additional recycling containers for plastics and other recyclables.This program would be a minimal cost to the city and they are looking forward to curbside recycling in the future. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 5 OF 20 Mayor Coleman stated Mr.Schuelke had written several letters to the editor encouraging people to voice their opinion of the capital facilities plan by voting no on the home rule option.The home rule option passed 80% to 20%. Either people were not listening to him or they were in favor of the plan. Mr.Schuelke always uses the city survey,and he Misuses it.The survey asked people to pick their top three items,so if only 14% picked the city complex as one of their top three items,or top item,he interprets that the other 86% voted no on it.It was not a yes or no survey. CITY MANAGER'S REPORT City Manager Curtis Shook made public a correction on an article appearing in the August 7 edition of the Apache Junction Independent regarding the victim advocate grants.It was reported to be a one-year program funding one position at $61.000.The grant actually funds 1.5 victim advocate positions, with the base level of pay being $30,000 annually for the full time position and $15,000 for the part time position.The Department of Public Safety grant is for a two-year period.The Arizona Criminal Justice Commission grant is for one year.He briefed the council on the matching funds for the grants and the funds that would be contributed by the city. PUBLIC HEARINGS REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT ) )City Clerk Kathleen Connelly briefed the council on the item.The applicant was notified and was requested to be present for this discussion. Mayor Coleman requested the applicant address the council. Ms.Tina Lovelady,601 N.Mara Road, Apache Junction,addressed the council.She is the owner of Arizona Joe's and would like to continue the off track betting. Councilmember Durbala commented the place is well run and they have never had any problems. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 6 OF 20 Mayor Coleman opened the public hearing on the item.There being no one wishing -to speak he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT ON BEHALF OF TURF PARADISE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENTS/REAPPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS AND THE MUNICIPAL PROPERTY CORPORATION )There was general discussion as to whether they should do the appointments board by board.It was determined that would be easier. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENTS TO THE BOARD OF ADJUSTMENT:DANIEL AUSTIN AND JANEEN MANDEL FOR TERMS TO EXPIRE JUNE 30,2004.I MOVE THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE BOARD OF ADJUSTMENT:MART GARDNER FOR A TERM TO EXPIRE JUNE 30,2003. Councilmember Durbala commented he would like to see Kent Slocum stay on the board. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 7 OF 20 .Mayor Coleman called for a second. The motion died for lack of a second.He called for another motion. Vice Mayor Surra MOVED THAT MART GARDNER BE REAPPPOINTED AND KENT SLOCUM BE REAPPOINTED FOR THE NEW FULL TERMS, AND THAT THE VACANCY WITH A TERM EXPIRING JUNE 30TH,YEAR 2003,BE FILLED BY DAN AUSTIN. Councilmember Eck .SECONDEDTHE -MOTION. VOTE:Unanimous. The motion carried. There was general discussion on the applicant for the Construction Code Board of Appeals and it was determined he was not qualified for the position that is open. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE HEALTH AND HUMAN SERVICES COMMISSION: ED BARKER FOR REAPPOINTMENT .FOR A TERM TO EXPIRE JUNE THE 30TH,2004. Vice Mayor Surra SECONDED THE MOTION.• VOTE:Unanimous. The motion carried. There was general discussion on the Industrial Development Authority.It was determined they would not appoint anyone at this time as i t is notan active board. Mayor Coleman called for a motion on the library board. Councilmember Durbala MOVED TO RENOMINATE THERESA NESSER,BEVERLY KIMBALL-WRIGHT,AND I WOULD LIKE TO'ADD REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 8 OF 20 STEPHEN E.FLYNN AND MARTHA WARD,WITH MARTHA WARD'S TERM EXPIRING JUNE THE 30TH,2004,AND STEPHEN FLYNN'S EXPIRING 2002. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala asked if an individual can be on the Municipal Property Corporation and the Board of Adjustment at the same time. City Attorney Joel Stern recommended any member of the Board of Adjustment serve on that board only for the city as they are quasi-judicial. Mayor Coleman called for a motion for the Municipal Property Corporation. Vice Mayor Surra MOVED THAT THOMAS KELLEY-DEVANEY BE REAPPOINTED FOR A FULL TERM OF OFFICE ON THAT BOARD. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE MUNICIPAL PROPERTY CORPORATION BOARD: DANIEL WALD WHOSE TERM TO EXPIRE JUNE THE 30TH,2004. Vice Mayor Surra SECONDED THE MOTION. There was general discussion about members of this board having to reside within the city limits.It was REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 9 OF 20 determined Daniel Wald was not in the city limits and therefore could not serve on that board. City Clerk Kathleen Connelly reminded the council that there was a motion and second on the floor. Vice Mayor Surra withdrew her second. Councilmember Urich withdrew her motion. Councilmember Milkey MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE MUNICIPAL PROPERTY CORPORATION BOARD: JOHN COX FOR A TERM TO EXPIRE JUNE 30TH,2004. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PARK AND REC COMMISSION:NICK MCVICKER FOR HIS REAPPOINTMENT,AND CONRAD PISINSKI FOR TERMS TO EXPIRE JUNE 30TH,2004:I ALSO MOVE THAT WE MAKE THE FOLLOWING APPOINTMENT FOR THE TERM TO EXPIRE JUNE 30TH,2003 TO STEPHANIE FISH. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT WE MAKE THE FOLLOWING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION:DAVID WALDRON AND ROSALIE GIFFORD FOR THE TERMS TO EXPIRE JUNE 30TH,2004:AND I REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 10 OF 20 MOVE THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION FOR DANIEL AUSTIN TO EXPIRE JUNE 30TH,2003. Councilmember Durbala stated Daniel Austin cannot be on the Planning and Zoning Commission because he has been appointed to the Board of Adjustment. Vice Mayor Surra suggested Janeen Mandel. Councilmember Dietz continued his motion with FOR THE TERM TO EXPIRE JUNE 30TH,2003,WAS JANEEN MANDEL.. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous.'. The motion carried. "Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENTS TO'THE PUBLIC SAFETY 'PERSONNEL RETIREMENT • BOARD:SERGEANT TERESA RQDGERS,ANDREA .HINKEL,TERM TO EXPIRE AUGUST THE 6TH, 2004:AND I MOVE THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD:COMMANDER FRANCIS FORA TERM TO EXPIRE AUGUST THE 6TH,2002.• MOTION. VOTE:Unanimous.. The motion carried. Councilmember Dietz SECONDED.THE Mayor Coleman thanked everyone for coming in to interview and expressing an interest to *serve.He called for a ten minute break.. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 11 OF 20 COUNCIL DIRECTION TO STAFF ON ANY or THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS ANNUAL SCHEDULE FOR BOARD AND COMMISSION APPOINTMENTS/REAPPOINTMENTS )Vice Mayor Surra briefed the council on this item.She would like to see the -procedure more.formalized. Most of the positions are vacant as of July 1.but they are not filled until August She would like to see adequate notice given to the -public for the vacancies • and the staff be given the time to see who really wants to be reappointed.She would like the city clerk to have all the data in March so that everything can be given to the council in April or May.The new people seated on the council should have the opportunity to vote for the new appointees,so the voting should take place after they have been seated.This would allow the board and commission appointments to be clone before the terms have expired.She would also like to see an evening set aside to swear in the board and coMmission members and have the swearing in ceremony followed with a reception. City Clerk Kathleen Connelly asked if they would be sworn in one at a time. Vice Mayor Surra suggested they be done board by board.She commented these are suggestions she would like to see brought back to the council in a formatted style.She.added the application should have a place on i t saying whether the address is inside the incorporated city limits.She suggested a change in the way the code is written that would allow alternates to be appointed to boards when there are unexpected vacancies.She commented staff could research this.The alternates could go to meetings but not vote.They would attend the meetings and could sit in a seat when a, vacancy has occurred and needs to be filled; they would be automatically appointed. Councilmember Eck asked why they wait to fill a position when something has happened. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 12 OF 20 City Clerk Kathleen Connelly stated she brings back the .annual appointments.She has suggested to the departments that when they have one that falls within that time frame,they should bring it to the council. Vice Mayor Surra commented there• would be nothing wrong in doing that part,but she is not sure about the alternates.To her,the alternate would be someone who is interested in being on the commission and would like to get the experience of being around and listening and learning.They would be there if a vacancy occurred and would be a'primary person the next time there was a vacancy on the board. City Clerk Kathleen Connelly asked if they would like to see a place on the application for the applicant to designate if they have attended the leadership institute. The -council consensus was that they would. Councilmember Durbala suggested rewriting the talent bank application as there is not enough room in some places to put things down that should be there.The current one does not allow the applicant to write much down.He suggested having a two page application if necessary. Vice Mayor Surra stated she did not want the form to be intimidating. 'Councilmember Durbala suggested having one with their.name,address,whether they live in the city,the board they want to be on and why: Vice Mayor Surra stated they could find out the rest at the interview. (Vice Mayor Surra's motion:DIRECTION TO STAFF TO BRING BACK SOMETHING THAT USES THESE GUIDELINES:ADEQUATE NOTICE BE GIVEN TO THE PUBLIC ON VACANCIES; THE CITY CLERK IS TO HAVE ALL THE DATA FROM THE DEPARTMENTS IN MARCH SO THAT EVERYTHING CAN BE GIVEN TO COUNCIL IN APRIL OR MAY:THE VOTING WILL TAKE PLACE AFTER THE NEW COUNCIL HAS BEEN SEATED SO THAT'THEY MAY VOTE FOR THE NEW REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 13 OF 20 APPOINTEES;THE APPOINTMENTS WILL BE DONE BEFORE THE TERMS HAVE EXPIRED;THERE SHOULD BE AN EVENING. SET ASIDE TO SWEAR IN THE. BOARD AND COMMISSION MEMBERS AND THE SWEARING IN CEREMONY SHALL BE FOLLOWED BY A RECEPTION;THESE SUGGESTIONS SHOULD BE BROUGHT BACK TO COUNCIL IN A FORMATTED STYLE;THE APPLICATION SHOULD HAVE A PLACE ON IT STATING WHETHER THE ADDRESS IS WITHIN INCORPORATED CITY LIMITS;HAVE STAFF RESEARCH THE POSSIBILITY OF CHANGING THE CODE TO ALLOW ALTERNATES TO BE APPOINTED WHEN THERE ARE UNEXPECTED VACANCIES; THE ALTERNATES COULD GO TO MEETINGS BUT COULD NOT VOTE UNLESS.A VACANCY HAS OCCURRED AND THEY WOULD BE APPOINTED TO THE POSITION AUTOMATICALLY;IN LIEU OF ALTERNATES,DEPARTMENTS SHOULD BRING VACANCIES TO THE COUNCIL WHEN THEY OCCUR DURING A TERM;THERE SHOULD BE A PLACE ON THE APPLICATION FOR THE APPLICANT TO DESIGNATE IF THEY HAVE ATTENDED THE LEADERSHIP INSTITUTE;AND THE TALENT BANK APPLICATION SHOULD BE REWRITTEN AND SIMPLIFIED,HAVING JUST THE APPLICANT'S NAME,ADDRESS,WHETHER THEY LIVE WITHIN THE CITY LIMITS,THE BOARD THEY WISH TO BE ON AND WHY:) Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION OF RESIDENTIAL SOLID WASTE COLLECTION AND THE ROLE OF RECYCLING ') )Assistant to the City Manager Bryant Powell briefed the council on the item. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE ROLE OF RECYCLING AND SOLID WASTE MANAGEMENT COLLECTION:INITIATE THE PARTNERSHIP BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY BOARD OF SUPERVISORS FOR A DROP OFF RECYCLING PILOT PROGRAM AT CITY CAMPUS,FIRE STATIONS,MOBILE HOME PARKS,AND SHOPPING CENTERS,AND HAVE STAFF CONTINUE RESEARCHING A RESIDENTIAL SOLID WASTE COLLECTION PROGRAM FOR THE CITY. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 14 OF 20 Mayor Coleman asked if she would like to include the schools. Councilmember Urich added AND SCHOOLS. There was general discussion on whether the motion was early as some of the council had misunderstood the mayor's comments and had thought he was asking for questions of Bryant.They still wished to discuss the item. Mayor Coleman opened the item to discussion by the 'council. Councilmember Durbala asked if they would like to have staff research contracting the trash pickup services for the community.He would like to hear the advantages and disadvantages.I t would lessen the amount of trucks traveling on the streets.It could guarantee delivery times and pickups and possibly a rate.It could be cheaper until the city was forced to offer the recycling on a city-wide basis.He likes starting with voluntary recycling.As the city is looking at redoing the roads over the next five years,they do not need 5-6 trucks running down the same street.It would damage the roads,and the safety of little children on the streets is questionable.It would also mean one uniform type container.Some of these trucks also leak fluids.He would like information from the city engineer on the damage these trucks could do to the roads over time. City Engineer Ron Grittman commented the heaviest vehicle a roadway sees is the garbage truck.The city currently has four providers and they drive up and down the roads twice a week.The residential roads are designed to handle the trucks,however,if there is any deficiency in the roadway,the garbage truck will find it.Some large stretches of Goldfield and Scenic have just been reconstructed due to water getting under the pavement and saturating the area,after which the garbage trucks drove over i t and completely obliterated the road. Councilmember Durbala asked what the other councilmembers thought of his idea. REGULAR MEETING OF THE CITY COUNCIL ' AUGUST 7,2001 PAGE 15 OF 20 Vice Mayor Surra commented she liked the idea of the city contracting the service as it gives the city some control for the aesthetics of the community and for the protection of the roadways. She hated precluding people from being able to be competitive in the city,but i t has not worked.She thought all the people on one street would at least have the same company,but they do not.The quality of each of the carriers is not the same;some are manual,some mechanical.She thinks the city could negotiate a reasonable fee:they should be able to guarantee a certain number of people. Councilmember Eck commented this was suggested by Councilmember Durbala a few years ago and he did not agree with it.However,they are back to the same circumstances they had then.There are a lot of trucks running up and down the streets.He would like to see the benefits;he would like to see if they can determine what a price effect might be. Vice Mayor Surra asked if that was without using the recycling program right now except for the pilot program Councilmember Eck agreed. Vice Mayor Surra stated Councilmember Urich had suggested that we do two separate programs,the county recycling and continue with the current program until we have enough people to effect a good contract. Councilmember Eck stated the issue is. the recycling program and we need to take advantage of the county program. Mayor Coleman stated he would like to research the other issues.,as there is an advantage to having only one company's trucks on the roads.However,there are different colored containers because people have a choice and those companies are working for them.Bryant commented last night that the complaints .were not there.He asked how many complaints there were. Assistant to the City Manager Bryant Powell stated there is an average of one per week.He calls the vendors with REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 16 OF 20 the complaints and they have always had the complaint resolved within two days. •Mayor Coleman stated he would not call the city if he had a complaint;he calls the garbage company.He likes the option of being able to terminate the contract and gio-with someone else i f they miss him.There are some advantages to the free market system,but he is not sure i t outweighs the cost being paid for the roads or the safety issues. Councilmember Eck _agreed with the mayor,but they need to research the wear and tear on the:streets versus the competitive price. Assistant to the City Manager Bryant Powell stated there would be a competitive factor in the bid process and he would want to research the cities that mandate that the citizens have to do trash pickup. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Urich MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE ROLE OF RECYCLING AND SOLID WASTE COLLECTION:INITIATE THE PARTNERSHIP BETWEEN THE CITY OF APACHE JUNCTION AND THE PINAL COUNTY BOARD OF SUPERVISORS FOR A DROP OFF RECYCLING PILOT PROGRAM AT THE CITY CAMPUS,SCHOOLS,FIRE STATIONS,MOBILE HOME PARKS AND SHOPPING CENTERS;AND HAVE STAFF CONTINUE RESEARCHING A RESIDENTIAL SOLID WASTE COLLECTION PROGRAM FOR THE CITY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimoous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz announced that the second city council meeting has been cancelled and there would be no work REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 17 OF 20 session on September 3.1n observance of the Labor Day holiday.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P:M.BE HELD ON TUESDAY;SEPTEMBER 4:2001,IN THE' CITY CONFERENCE ROOM AND.CITY'COUNCIL CHAMBERS RESPECTIVELY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried., INFORMATION AND REPORTS Mayor Coleman announced he had been attending governments subcommittee for the Maricopa Association of Governments.They are discussing the role of MAG and i t geographic area These meetings are leading into recommendations that will be forwarded onto the task force that has been set up:He mould be happy to answer:any questions on the process •ADJOURNMENT: )Mayor Coleman adjourned the meeting at 9:00 p.m. Cbnsent Agenda Items:are ,as follows: 1:Acceptance of Agenda.- L Acceptance of Minutes of Special Meeting of July 16: 2001. 3: Acceptance of Minutes of Regular Meeting of July 17,2001. 4.: Recognitiornof OutstandingService to the Community by City Employees. Employees: receiving recognition are:Rick Henry;Julie .McDaiTh Tim McGrady Tom '-Marcellino;Venus Cassella;Dan'SchUltz.:TOM Parker:Charlie. Fraley; Bill Virtue,:Pat Garland;Dawn Cook:Elizabeth Knox.;Bill Lant: . Aaron McDonald;Joe Ornellas;Jay Reynolds;Heather Wright;Andy Amado:. and Frank Granillo. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 18 OF 20 5.Approval to award bid for Project PW 2001-05,HVAC Unit Replacements at Apache Junction City Library to Tr -City Mechanical,Inc.for $28,392.00 plus 10% contingency fees not to exceed $31,231.20. 6.Approval of request to spend in excess of $10,000.00 (not to exceed $20.000)with Thorndike Press,a library materials vendor. 7.Approval and authorization for Mayor to enter into a lease agreement with Crown Atlantic Company,L.L.C.Communications for construction of an 80- foot monopole on the City property. 8.Approval of health and human services agreements for Fiscal Year 2001-02. 9.Approval and authorization for Mayor to sign grant contracts with 1) Arizona Department of Public Safety for $76.875.00,and 2)Arizona Criminal Justice Commission for $16,413 (upon approval by City Attorney)to establish a Victim Advocate position to be shared by City Prosecutor and Public Safety Department. 00.Emergency Revision:Direction to and Authorization for City Attorney to pursue course of action regarding Fisher v.City of Apache Junction,Court of Appeals,Case No.2CA-CV 00-0173. ACCEPTED THIS 4TH DAY OF SEPTEMBER ,2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF SEPTEMBER 2001. DOUGLAS WLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 19 OF 20 ATTEST: KATHLEEN CONNELLY City Clerk 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 7th day of August,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of August,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 7,2001 PAGE 20 OF 20