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HomeMy WebLinkAbout2000-05-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 16,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 16,2000,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco 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 Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Svcs.Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 1 OF 42 Others Present:Economic Development Specialist Ken Simpkins Economic Development Specialist Kerry Lyman Community Relations Mgr.Patrick Brenner ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE FOLLOWING CITY EMPLOYEES BE RECOGNIZED FOR OUTSTANDING SERVICE TO THE COMMUNITY:RECREATION SUPERINTENDENT BETH COWLES;PARKS AND RECREATION EMPLOYEE JOHN CONTRERAS; PARKS AND RECREATION EMPLOYEE WAYNE EMERSON;PARKS AND RECREATION EMPLOYEE LAURA PINGATORE;PARKS AND RECREATION EMPLOYEE MICHAELENA ROCCA;PARKS AND RECREATION EMPLOYEE DAN WILSON;PARKS AND RECREATION EMPLOYEE J.J.UNDERWOOD; PARKS AND RECREATION DIRECTOR JEFF BELL;PLANS EXAMINER/BUILDING INSPECTOR PHIL CAROTHERS;PARKS AND RECREATION COORDINATOR I I LIZ LANGENBACH;CITY CLERK KATHLEEN CONNELLY;AND THAT RESOLUTION NO.00-09,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FINDING THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES,ANNOTATED §36-1471,ET SEQ;AND THAT RESOLUTION NO.00-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DESIGNATING AN AREA AS THE SINGLE CENTRAL BUSINESS DISTRICT OF THE CITY OF APACHE JUNCTION,ARIZONA,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager Curtis Shook introduced George Williams as the consultant the city had retained to assist with the Dry Heat instrument procedure. Mr.George Williams,G & C Aviation Consulting,gave a presentation and update regarding the Dry Heat One airplane route.Two issues have surfaced at the Phoenix Airspace Users Working Group.The airlines are the biggest customers and they seem to get the most attention.The airline issue was random REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 2 OF 42 navigation routes in and out of the airport.This would be with no concern to existing routes.The second issue centers around noise abatement issues that are already in place,mainly the intergovernmental agreement signed by the Federal Aviation Administration and the cities of Tempe and Phoenix.I t provides for a specific route along the river bottom and for a fifty year lease on that procedure.He introduced the Apache Junction issue to amend the perception of the current Dry Heat procedure.The military did not want to have their special use air space infringed upon any further.The changes the city is proposing do not impact that.The Federal Aviation Administration stated they would entertain i t if it were something more than an environmental fix.They did not want something that would cost the airlines anything. There are other issues being worked on in various working groups which he briefed them on.He requested the Federal Aviation Administration to give all the cities a briefing and update on what they are working on so there would be no surprises for anyone.He met with some resistance on that from the local Federal Aviation Administration manager.There will be a briefing at the next meeting on July 6.He is concerned with the random navigation routes as they come in to the east side of the airport and those planes will be moving in the east valley.The Federal Aviation Administration has agreed to a test procedure to alleviate the noise over the Ahwatukee region.They have basically agreed to route airplanes 10 miles west of the airport and have them do a 10 -mile circle.At some point they would pick up the radial to fly across Apache Junction.He believes they can make some significant changes with the procedure;the additional mileage will put the planes higher as they cross south of the airport.He believes they could put two crossing routes in that could replace Dry Heat.They are also looking at moving that particular radial to the northeast if it can be done.A degree or two of change could move i t 5 to 6 miles north of the city.That is the plan for the west side of the airport.He described the east side departure;they are looking at moving the radial over.They are also looking at changing the route over the city to a climbing route which would make the altitude higher as i t crosses over the city.It would be a crossing restriction west of Apache Junction.They are also looking at U.S.60 being an alternate route.They will have a proposal ready for the city to look at on July 12.There appears to be support from the communities east of the airport for a left instead of a right turn from the airport.They are looking at submitting the proposal directly to the Federal Aviation Administration instead of going through the Phoenix Airspace Users Working Group.They will copy it to the Region Division Manager and the Phoenix TRACON Manager.That will take it out of the hands of the airlines at that point,and a determination can be made if it needs to go any further. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 3 OF 42 They will use Federal Aviation Administration modeling techniques to make sure that it will be acceptable before i t is presented.There will be opportunities for changes and comments from the council before i t is presented.It will be a little shorter than one of the existing routes which will satisfy one of the airline objections;it will take away a lot of the court challenges;and it will not impact special use airspace.It will benefit Tempe and Mesa right off the airport and it will save controller workload. City Manager Curtis Shook commented Mr.Williams has been able to keep staff on top of the meaning of things that were being discussed at the meeting.He appreciates how hard he has worked for the city to this point.He has drafted something that really presents the city's position well. City Attorney Joel Stern asked Mr.Williams to explain the affect the new runway will have on the City of Apache Junction. Mr.George Williams stated they are talking about a fourth runway which will go even further north than where the north runway is now.It will be about 800'further north than the current northernmost runway.They are basically looking for random departures coming off of all four of the runways.There will be more airplanes coming out and more routes coming out.There will be more planes on the Dry Heat departure or ones like it.Mr.Sullivan announced at the last meeting that they are looking for an alternative site that will be owned by the City of Phoenix for a replacement for Sky Harbor.The statement was made that if they do not get the fourth runway,it will be an inadequate airport in the near future.They can get another forty to fifty years out of the airport with the fourth runway.He does not believe they can get through the environmental issues to get the fourth runway.They are still having problems with the third runway that is to open later this year;they still do not have procedures made and they still have not met the environmental issues. CALL TO THE PUBLIC Mr.Gary Mulholland,710 S.Muleshoe Road,Apache Junction,addressed the council.He was there representing the Superstition Mountain Promotional Corporation and the Lost Dutchman Days Committee.He thanked the council for their cooperation and help for the 2000 Lost Dutchman Days.They will continue to make efforts to improve the events.The Lost Dutchman Days Committee is comprised of the Superstition Mountain Promotional Corporation, REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 4 OF 42 the Superstition Mountain Museum and Historical Society and the Apache Junction Mounted Rangers.Also involved in the event were the Apache Junction Rotary Club,which received $1,684 towards their scholarship funds;the Apache Junction Jaycees,receiving in excess of $600;the Apache Junction Boys and Girls Club,receiving over $1,200:and two chapters of 4H receiving $905.He commented that on behalf of the non-profit organizations over the years since 1988 that have put on events at the rodeo grounds and tried to showcase the community,they are supportive of the Capital Facilities Plan.Numerous organizations have donated funds in the past for electricity,tents and restrooms.He strongly urged the passage of the plan and continued improvements to the grounds.He then presented a check for $500 to Dr.Barry Sutter for Project Help.He announced the improvements his organization would be making to the rodeo grounds this year.He commented about the scholarship fund of the Parks and Recreation Department and presented a check to Jeff Bell for $2,500. Mr.John Pein,6326 E.20th Avenue,Apache Junction,addressed the council. He is Chairman of the Superstition Horsemen's Association.He thanked the city council for their action two weeks ago in showing their support for a rural lifestyle and choosing right over wrong.I t is wrong to zone out horses because two people cannot agree on what a situation is.The person could have sought help from their association and Pinal County to resolve the issues.I t is wrong to have a person come before the council and ask them for a zoning ordinance so that they can gain financially from the sale of their property. He thanked the council for recognizing that both rural and urban lifestyles can exist in a community and that i t is good for a community.He commented on the horse regulations for some other cities. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He was concerned that interest rates had gone up another .5 point in the federal open market committee meeting today.He asked what the implications of this would be on the Capital Facilities Plan;what the ultimate cost would be.He again urged that the Capital Facilities Plan be put to a public vote.He commented he has tried to put forward a referendum which has constantly been a problem and has been obstructed.He alleged he had been told by a city employee at that time that any kind of financial bond issue or situation would go to a public vote. He was assured that.He does not care about the language that has been changed,but i t has been changed and now a public vote has disappeared.He is not against the recreational upgrades.He is against the city council REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 5 OF 42 building and the court portion of it.He feels that if the court is built,i t will cost money to fill it.He also addressed the rural lifestyle.He thinks i t ludicrous for someone to ask the council to reject a person's intent to better themselves with their own property.He felt the council acted like a homeowner's association on that issue.Everyone around the property was for the proposed change,and the council stepped into it.He is not against horses or the rural lifestyle;he is against lack of creativity on the part of zoning.There should be an area for transition and options. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He requested Call to the Public be placed before the Consent Agenda so that comments could be heard on the Consent Agenda items before the council votes on them.He was concerned about the Meridian District being called a blighted area and public health hazard.Most of the downtown area was similarly declared.He is aware this makes the area eligible for certain benefits and tax incentives,but he feels this is an abuse to what legislators had in mind. He urged the council to read Arizona Revised Statutes §36-1472 which declares the legislature's intent on these matters.The city will evade property taxes for 8 years;this changes the mechanism to collect the revenues for the school district.The city is also competing with other cities to attract business; is a tax abatement desirable?The businesses will play one city against the other for their benefit.I t is the out -of -area businesses that will be helped at the expense of local businesses and taxpayers.It will attract businesses to the community that will not commit to the community long term.A general plan and zoning are meant to promote commercial development.Population growth and the demand for business services draws the businesses.He asked i f any economic analysis had been done that highlights the validity of this type of economic development,or a financial analysis to determine if the dollars being spent will be returned to the people.He is concerned that the residents in the rural areas will have their tax dollars spent on purposes they do not support.This is another troublesome area for government to get involved in.He suggested reining in the community development efforts and reconsidering the council's stated emphasis in this area. Mrs.Cindy Nuttall,885 N.Vista,Apache Junction,addressed the council.She was concerned with the easement abandonment fees.She had been asked by Paul Stears to approach all the people whose property was abutting their abandonment to get their agreement.This was due and it was turned in.They called Mr.Dobson on February 7 and were told the new applications were ready and that someone from the city would call them.They would then fill out the REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 6 OF 42 application,pay the fee and then continue the process.They were told the application should be ready in the next 30 days.On March 10 they called and were told the city engineer had quit and that Peter Plante was working on the applications.They talked to Theryn on March 29 and were advised the applications were completed and awaiting city attorney approval.They are still there at this time.They called the city attorney's office this morning and were told someone would call them back.No one has called them,so they came to the meeting regarding this issue.She did not think this process would take this long.She requested that someone call them to advise their status. CITY MANAGER'S REPORT City Manager Curtis Shook commented the city had declining values in 1995 in what is now part of the downtown redevelopment district.Those districts led to new business development in the downtown area,including a hotel,several restaurants,an apartment complex and a large shopping complex.I t has created jobs,income and new goods and services.The new local sales tax dollars support the library,recreation areas,public safety and public works. The downtown area is being regenerated by existing businesses and by new businesses coming into the area.He also commented he was gratified to see the number of people from civic,social and other volunteer organizations in the audience tonight and thanked them for helping to create a quality of life in the city. PUBLIC HEARINGS PUBLIC HEARING AND PUBLIC COMMENTS ON THE IMPLEMENTATION OF THE CAPITAL FACILITIES PLAN 2000 )City Manager Curtis Shook briefed the council on the item.He stated the council was presented with the plan in October 1999.He described the public input into the plan.There were a number of public hearings on the plan.This is another public hearing that may culminate in the authorization to proceed with the plan.A lot of staff time has gone into this,anticipating maintenance and operating costs,which are concerns that will have to be dealt with on a year to year basis.The plan is manageable,and is sound financially,operationally and capital -wise. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 7 OF 42 Community Relations Manager Patrick Brenner gave a powerpoint overview presentation on the plan.The plan is based on what citizens stated they wanted and needed.Many plans helped to create the plan,with projects totalling $13 million in cost.The projects include a swim center,a multi -generational recreation center,a skateboard center,a library expansion,a rodeo grounds event center,a new police substation south of the freeway,a city hall/magistrate court complex,a park like Prospector Park on the south side of the city,and improvements to the downtown area of the city.The city will help fund this by a two -tenths of one percent sales tax increase,amounting to one penny for every five dollars spent.The city will borrow up to $7 million to help fund the project,and will use $6 million in capital reserves and development fees for the remainder.Public input is important.Following this public hearing,the council has the option to raise the local sales tax for a maximum of ten years.The city will use revenues exceeding expectations to pay off the debt and retire the sales tax increase early.Design work will begin immediately upon approval.The swim center,multi -generational center,and the skateboard center will begin construction in the first two years.The library expansion, the south side community park,the city hall/magistrate court complex,and the rodeo grounds event center will begin construction in years 2-4.The police substation and the Apache Trail downtown improvements will begin construction in years 4-5.This plan has the support of the Apache Junction Chamber of Commerce and the Main Street Program. Mayor Coleman opened the public hearing on the item. Mr.Ron Kill,349 S.Saguaro,Apache Junction,addressed the council.He has read the plan and talked to several groups of people and he has come to the conclusion that the entire plan is perfect for the city.He supports it completely.He has a limited income but he has no problem with the tax increase to pay for this.He asked what was to become of the buildings being vacated. City Manager Curtis Shook stated that by state statute and local ordinance the city is required to dispose of surplus property through either auction or other legal procedure.The city will follow state and local law.If the buildings are deemed to be structurally sound,the council could entertain a number of different uses, such as records storage or other needs where the buildings could be moved.I f REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 8 OF 42 all the buildings were not needed,they could go through the surplus auction. The council could also entertain the needs of non-profit,social or civic organizations.The council would have to deem what would be in the best interests of the community. Mr.Ron Kill commented the buildings could be used down at the rodeo grounds for storage or concession stands,or the public works department could use them for storage.He wanted to make sure they were not going to be thrown away. Mrs.Barbara Gardner,685 W.Tepee Street,Apache Junction,addressed the council.She took part in some of the process and watched this develop.She knows staff has worked hard to put i t together and that a lot of citizens have given a lot of input into the plan. I t is the culmination of a lot of different peoples'interest.There is something in there for everyone and she urged its implementation and funding. Mr.Dan Potts,5430 E.Cody,Apache Junction,addressed the council.He and his wife have coached youth sports for 8 years.The facilities that they presently work with are inadequate. The number of participants is growing,and they will quickly reach a point where it will become difficult to be a member of a team.Little League games are currently being played till 10:15 p.m.making i t hard for the kids to get up early the next day.They have formed a traveling team,and Apache Junction is substandard to all the other cities they visited.He is not in favor of a tax increase,but i t is an extremely small one.The benefits will be seen right away.He is primarily concerned with youth.If you give them a place to go,give them something to do,keep them involved,they will not get into trouble.He is 100%in favor of this.He will throw his full support into it.He believes everyone else involved with youth around the city will also be doing that. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He brought up the issue of transportation,especially for the youth to get to all of the recreational upgrades.He believes transportation should have a higher priority than city hall and a court.He commented on the youth that was recently killed in Gilbert while skateboarding at night from their facility.He also commented on the new fire district building that only cost $1.5 million.I t appears the capital facilities plan is extravagant.He suggested the city use the vacant REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 9 OF 42 ABCO store for storage,and asked if there were any other options.He was concerned that the interest rate would be going up,and again urged that the city hall and court complex be separated from the recreational facilities. Councilmember Durbala asked if he had asked for a vote of the majority of the members in his group.He wanted to know if they were of the same opinion and if he was representing them. Mr.Elliott Fisher stated he generally meets his group on the Internet or via e-mail.With their work schedules,it was difficult to put this to a vote. Councilmember Durbala asked him to answer the question.He wanted to know if he was representing the group and if the opinion was of the majority. but he wanted to explain. was all he wanted to know. like to hear the explanation. Mr.Elliott Fisher stated he was, Councilmember Durbala commented that Mayor Coleman commented he would Mr.Elliott Fisher stated his group has shown itself at various places around the city,including assisting in trying to get petitions going in the city.Many members spoke to him about the capital facilities plan and they feel strongly that i t is an extravagance. Councilmember Durbala commented he was beginning to wonder if there really was a group,as Mr.Fisher is evasive about how many members there are,who they are,what they do,and that he only hears that they are a loose knit group.If they are a group,they are a group. Mr.Elliott Fisher commented some of them were in the surveys. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 10 OF 42 Councilmember Durbala commented he only wanted to know if the group had voted on this and if there had been a majority of members who had voted on this.He,added 'Mr.Fisher should not be ashamed at how many members were in the group.- Mr.Elliott Fisher commented he had gotten his point across. Mayor Coleman asked if he had attended the town hall on the capital facilities plan when it was held. Mr.Elliott Fisher stated he remembered attending some early meetings on it. Mayor Coleman again asked if he had attended the town hall. Mr.Elliott Fisher again replied he remembered attending some meetings,and he recalled them being intermeshed with the general plan. Mayor Coleman commented his other question was about his group meeting over the internet. Mr.Elliott Fisher stated they do in a manner of speaking.I t is useful in his situation. Mayor Coleman commented that was all he wanted to know. Mr.Elliott Fisher commented that the city refuses to put anything to a vote,whether i t is a referendum or initiative or not. Vice Mayor Surra interrupted Mr. Fisher. Mayor Coleman attempted to get control of the meeting. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 11 OF 42 Vice Mayor Surra commented Mr. Fisher mentions he is part of an organization that is the Greater Apache Junction area,which means members are not necessarily residents of the city, and the residents make the decisions on what happens here.The citizens elected the council to make decisions for them.She added he talks about transportation,but that issue is not feasible for the city to fund.She commented Mr.Fisher does not listen,look,read or interpret the facts. Mayor Coleman asked when he lost control of the meeting. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council.She commented the city sales tax had been raised once before in the city and not much money was made.She suggested using a pad tax on RV parks,stating it would raise ten times as much as the sales tax. Ms.Jackson,Apache Junction, addressed the council.She urged the council to go for it.She commented that even though they have the Boys and Girls Club and the YMCA in the summer, i t is still not enough for all the kids.She believes it will make this a better community. Mr.Bret Stilson,1053 S.Warner Drive,Apache Junction,addressed the council.He is the director of the Boys and Girls Club.He was here to show his support for the plan.He has talked to and shown the plan to the kids and parents of their members,and various other organizations whose meetings he has attended.The feedback has always been positive.The community at large is in support of the plan.The collaboration between the senior center,parks and recreation,and the school district to put together the plan encompasses a broad cross-section of the community.He has no problem paying the additional tax to support the plan. Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho Road,Apache Junction,addressed the council.She commented Pinal County is proud to be a sponsor and partner of the city on this endeavor.There are 17 acres for the Boys and Girls Club building location and they have been raising money to construct it.That money will also go into the partnership to construct the building.Other things could be put on the land if necessary to partner with the Boys and Girls Club as well REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 12 OF 42 as the multi -generational center for the seniors.She believes the city is addressing the needs of the community with a well thought out plan.There has been public participation,there have been many meetings asking for citizen input,and she congratulated them on bringing the community together.She is looking forward to being a part of the effort. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented he understood invitations were sent for people to attend the town hall. Vice Mayor Surra stated they were not.It was open to everyone. Mr.Tom Schuelke commented he handed out a detailed analysis of the plan and he offered to conduct any further analyses council might desire.He spent over 25 hours preparing the report and he hoped council appreciated it.He has not had a councilmember question the report or ask for further analysis.He asked if there were any questions on the report. Mayor Coleman commented his report did not indicate which communities listed had property taxes and which did not.He asked if that had occurred to him. bring that up during the next item. the answer now. have further comments then. Mr.Tom Schuelke asked if he could Mayor Coleman stated he would like Mr.Tom Schuelke stated he would Mayor Coleman stated page one was information,but he did not notice anything on communities with property taxes of which Gilbert,Tempe,Chandler,Scottsdale and Fountain Hills all have. Mr.Tom Schuelke commented this report was not an attempt to say there were cities collecting more taxes per capita than other cities.If he had wanted to do so,he would have looked at REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 13 OF 42 the total tax revenues.He was saying that the city has an over -reliance on sales tax as a source of revenue.That is regressive and he would like to see the city go away from that and look at other options. Mayor Coleman asked if he meant a property tax. Mr.Tom Schuelke stated correct, there are not very many other options.The property tax would probably be one of the least popular.The point was not the overall tax deductions,the point is the reliance on the sales tax. Mayor Coleman commented he would save his other questions for the next item. Mr.Tom Schuelke stated he had a question on the survey. Vice Mayor Surra asked if that was the survey on the internet,where they gathered loose information.She asked if he had been able to access it.The information was available at administration records and they were pulled out for him;he went through every one of them. Mr.Tom Schuelke stated that was correct. Vice Mayor Surra commented they were not just a loose opinion gathered from the community.She is glad someone else saw those surveys. Mr.Tom Schuelke commented if they had no more questions now,they could contact him later.The report was the basis for his numbers quoted in his letter to the editor in the paper.He is concerned that the city will have other residents asking for recreational amenities not already included in the plan.There could be additional capital facilities plans in the future,which could lead to a large number of underused facilities that would drain city finances.He urged the council to leave the recreational choices to private citizens and the private sector. There does not appear to have been any revenue forecasts to see if these REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 14 OF 42 projects should be built.Fees will probably not be set high enough to offset the costs,causing a drain on the city's finances.Support for the plan may dwindle if the public knows the actual cost information.He commented about the city selling the current buildings,and urged that a way be found to use the buildings productively.He would like to see the financial analysis concluding that the current buildings would be more expensive to keep up than constructing a new building on purchased land.He commented there are legal requirements for the city to sell the old buildings;a vote of the people is required to sell property exceeding $100,000.He suggested the buildings be used for storage,a dedicated city court,meeting space for overflow for the senior center,or transported to the rodeo grounds,police substation or a park site.He asked what would happen to the land the buildings currently occupy.He commented the city leases the rodeo grounds,and was concerned that the lease term justifies the improvements and that the city is looking into purchasing the grounds.He suggested the improvements be combined with another part of the plan to serve ,a dual purpose as the grounds are used infrequently.He commented the new owner of the state land near where the south side park is to be built may be willing to provide considerations for a new park.The proposed site could be put to use by the school district.He believes the city is paying too much per capita for the skateboard park.They should build for normal usage and improvise for occasional crowds,and expand later when needed.Certain elements of the plan have only lukewarm support. He urged the council to look at the survey comments to find the objections they need.There have been recent negative comments in the newspaper.He urged the council to listen to those who speak out in opposition to the increased sales tax. living in Apache Junction. fine. not sound like it to him. Councilmember Eck asked if he liked Mr.Tom Schuelke commented it was Councilmember Eck commented it did Mr.Tom Schuelke commented he is only giving the council assistance to make a better place and have common goals. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 15 OF 42 Councilmember Durbala commented he agreed with the vice mayor.He did not listerrto what was said earlier in the meeting,specifically regarding the disposition of the buildings.Instead,he proceeds to tell the council what they need to do with the buildings.He does not understand what he is talking about.There have been eight people who have spoken for the capital facilities plan this evening,and only two against.There was one who would like to see it taxed another way,but he believed she was for the plan.He thinks i t is very important for people to come to the meetings and voice their opinions,and these are the people who are usually involved in all kinds of things in.the community.Many times people do not come because they do not care one way or the other.We need to plan for the growth;it will get larger and larger and the city needs to be proactive.He commented they need to pass this sales tax,get i t started and get everything on the road.These things are needed;the chambers mould not be so crowded with people voicing their opinion for this.There has been no applause for those stating the plan is not needed in the community.The senior center is needed to expand the library.The swimming pool is needed because of the growth down there.One has to understand the city;he has only lived here a short time but he is coming in here and telling.everyone that these things are not needed.Most of the people in the audience have lived here 10 to 12 years;the council averages 15 years.Most of the staff has been here 10 to 12 years..The people who have lived here and watched the town grow know what the town wants.This has been talked about even before 3 of the people up here were elected,and they were behind the plan.They would not have been elected if they thought this was unnecessary.The kids need this;the community needs this;every group needs this.Nothing he has said will change his opinion. Mr.Tom Schuelke commented he has lived in Arizona,coming from a city that did not have a public pool.There were only private pools.Regarding the 92 surveys,the most popular response was "do not select any item surveyed".The council needs to be aware of this. The people were frustrated that the council was not listening to them;he is not surprised they did not show up at the meeting.The people who want something and will benefit will be the ones that will show up.He commented he mentioned the buildings because he had written this memo back on May 1. Mayor Coleman asked if he heard the answer tonight. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 16 OF 42 Mr.Tom Schuelke stated the answer tonight changed from the answer on May 1.The answer tonight incorporates some of the suggestions he made back then.These comments were prepared before tonight's comments were made.There are now plans to sell the buildings,but nothing has been mentioned about storage,and nothing was mentioned about dedicating this building as the municipal court. Councilmember Durbala commented the building is out of compliance with the supreme court. Mr.Tom Schuelke commented they are not building for another two years so it cannot be very much of an issue.He thinks this plan can be implemented at a much lower cost. Mr.Dan Taylor,executive director of the Mesa Senior Services,addressed the council.They are 100% behind the capital facilities plan.He believes the concept of including all ages together in the multi -generational center puts the city in a very unique spot. I t is innovative with a community that is growing.He commented that their attendance tonight shows that the senior center is very supportive of this, and they will do anything they can to help. Mrs.Connie Lane,Apache Junction, addressed the council.She is the president of the Boys and Girls Club of Apache Junction.She has lived in the community for 13 years and raised a daughter here.She is aware of the lack of facilities.She has worked 15 years in land management here.She has seen what idle minds can do;if you do not pay here in Apache Junction,you will pay Uncle Sam.She repairs property everyday that kids damage.The Boys and Girls Club is very happy to see a capital facilities plan that will incorporate so much good for the community, not just the kids.I t is very much needed.She is proud to be a partner with the senior center and the city.The community needs to work together.She urged the council to "do it". Mrs.Pat Richmond,3080 W.16th Avenue,Apache Junction,addressed the council.She is totally in support of the entire plan.She commented there were 60 kids on the swim team at the swimming pool for practice this evening when she dropped her grandchildren off.People are always complaining about the skateboarders in the parking lots and other areas that are not safe.She added the court system was in REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 17 OF 42 need of repair when she was on the council for safety issues.She does not mind spending her tax dollars in the city,only shopping outside the city when she absolutely has to. Mrs.Theresa Nesser,1511 S.Cactus Road,Apache Junction,addressed the council.She wished to speak about comments alleging all of the non -planning that has gone into this item.There was an article in the newspaper in March 1998 that called everyone to the town hall to start this process.She was there;Elliott Fisher was not.There have been numerous meetings since then;she was there,Elliot Fisher was not. She worked on a lot of development committees for this,and has educated herself as to what is going on.She is on the library board,the parks and recreation board,and the Boys and Girls Club.She has lived here 14 years and has no children.She will not be using many of the facilities,but the children do need them.She urged the council to validate the hard work that she and everyone else has done on the plan by passing it tonight. Ms.Linda Ramsey addressed the council.She does not live in the city,but she teaches with parks and recreation.She is developing a native and ancient arts program.She has a number of students that are excited about getting into the multi -generational center.She supports the center.She commented some of the financial arguments may be valid,but she is not educated enough to make a determination.She was concerned that the teachers and users should be able to give their input on how the center is constructed. City Manager Curtis Shook stated i f the council approves the plan they will go into a design stage.They will be actively working between the architect,the parks and recreation director and all the groups associated with the center in designing the building during that stage.It will have space for exclusive use during certain hours.He urged her to get in touch with Jeff Bell and give him her concerns. Mayor Coleman closed the public hearing on the item and reopened the item to council discussion. Councilmember Dietz thanked the citizens of the community for their time and hard work put into this project. I t is needed now and for the future growth of the community.He thinks the financing is there and they should go ahead with it. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 18 OF 42 Vice Mayor Surra apologized to the council,mayor and others she may have offended with inappropriate language which should have been said outside,but she did not apologize to the individual concerned. Councilmember Insalaco commented the crowd tonight shows that this room might have been okay fifteen years ago,but the city is growing.These facilities are no longer big enough.The city is growing and our complex has to grow.The whole facility is outdated.The comment has been made that the council wants the new complex for themselves: probably half if not all of them will no longer be here when i t is completed. They are looking for something for the community.As a businessman,he has a problem with raising the sales tax.A thousand dollars in sales will not amount to much additional sales tax;he will pay that difference himself. Councilmember Eck commented anytime there is a community project there will always be some people against it.He is glad to see i t is a very small minority.His goal upon being elected was to get things immediately for the community.He has learned that i t is a challenge to get things that are needed by the community.He is happy that after 3 years he finally feels that there was a reason for him to run for council. Councilmember Urich commented she moved here 6.5 years ago.This is a warm community where the people care about each other.We care about family and family values.She is proud to be on the council that will approve the capital facilities plan. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH THE IMPLEMENTATION OF THE CAPITAL FACILITIES PLAN 2000. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Durbala explained his vote as being one he could feel good about and was the best thing for the community as a whole.He REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 19 OF 42 believes the small percentage of sales tax the -residents will pay comes at a time when the residents should pay..When they all ran for office they all said they would not raise taxes;it was always the property tax,never a sales tax issue.He has been quoted as saying to get it done and over with.The council can be proud of starting'something the community needed,and he believes most of the people in this room will be using the facilities.It may. have to be expanded later,but at 'least i t is getting started.He is proud to be able to vote yes on this.) The motion carried. minute break. meeting. Mayor Coleman called fora ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1129/INCREASING SALES TAX RATE BY TWO -TENTHS OF ONE PERCENT (.2%) )City Clerk Kathleen Connelly briefed the council on the item.She gave -a chronology of events on the item to this point.The chronology begins after the surveys and the town hall. During the November 2,1999,council meeting,-the council received an acknowledged receipt of the capital facilities plan.Contained in that plan was a recommendation to consider a _sales tax increase of .2%of one percent for a funding mechanism for the projects contained in the plan.On November 16,1999,the council held the first of two public hearings on the plan.On December 7,1999,-the second public hearing on the plan was held.The related tax increase was again covered;the council unanimously voted to accept the plan as presented.During the March 7,2000,meeting,council received three separate legal opinions that basically told the council there was legislation that prohibited the capital facilities plan and the proposed sales tax increase from being placed on the ballot.The proposal would be considered advisory in nature and public funds could not legally be used for that purpose.The council then directed staff to reconsider proposals and to come back at another meeting with some options'.On March 21,2000,there were additional discussions and council further directed staff that there be a public hearing on the same agenda to feature implementation of the plan. Staff scheduled one more additional public hearing on April 18,2000.Tonight REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 20 OF 42 is the meeting featuring the implementation of the plan and the public hearing on the sales tax increase.Ordinance No.1129 proposes to amend the model tax code by increasing the city sales tax rate by .2% of one percent.The city is required by law to make the change by this process.The ordinance also includes some other legal requirements:it designates the purpose of the tax; it gives an effective date of September I ,2000;i t designates a termination date of September 1,2010;and i t accommodates existing contracts.The ordinance has been written with the emergency clause.I t is mandatory that the Arizona Department of Revenue be notified at least 60 days prior to the effective date so that they can amend the transaction privilege tax forms. They also provide additional notice to the taxpayers.She commented the city has met the legal requirements for publishing this public hearing in the Mesa Tribune;however,the city also published notices in the two local newspapers and posted i t at the three required locations. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented a councilmember is claiming he incorrectly reported the proposed tax rate on the valley tax rate handout he compiled.The correct total amount will be 2.2%if this is passed.He has added more cities to the sheet.The proposed tax increase will produce the highest local tax rate in the valley.He again stated sales taxes are regressive.He suggested the city repeal the sales tax on food items to make the tax less regressive.He has asked if budget forecasts have been developed to include the impact of the capital facilities plan and the sales tax increase.I t appears they have not.Recent budget information advises the council that the budget may be tight for the next two years:he believes i t unwise to embark on a $13 million project before forecasts are complete.There could be the possibility of another sales tax increase.He questioned where the operating budget for the first year of the capital facilities plan will come from.Interest income is reduced as surplus funds are spent on capital projects,amounting to $300,000 a year.Unreleased budget numbers for the city seem to indicate a drastic drop in the unreserved general fund balance from over $5 million to $1.5 million.There are cities smaller than Apache Junction that have had unexpected expenses surpassing this amount.He requested they delay action until the five-year financial projection is available.He has had conversations with councilmembers who believe they were elected to make decisions and that the election does away REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 21 OF 42 with the need for a vote on certain items.Elected officials must obey the laws which require public hearings and they are expected to listen to and weigh the opinions of those they represent.The people expect to have continued input,including seeking a vote on issues where i t is allowed.I t is possible to craft a course of action to not require a vote.I t appears arrogant to him that the council would proceed with a vote after telling the public it would be allowed to vote on an issue.If council proceeds with the sales tax increase,he suggested a modification to the timing of the tax.The start of the sales tax collection should be deferred to match the start of the operation of the plan.He believes the tax should be implemented when the plan elements are near completion.This will more closely match those who pay for the facilities with those who benefit from them.The population base will be greater,with more retail sales,allowing for a shorter tax collection interval.The $6 million surplus should cover projected building costs for the first two years.Bonds can be issued later and the sales tax can be implemented. Mayor Coleman asked if he had taken into account the city's roll back feature on the sales tax when he made his report. Mr.Tom Schuelke stated he is aware of the tax on renters,because he pays it. Mayor Coleman stated he was talking about the roll back feature. Mr.Tom 'Schuelke stated he did not have that and asked for it to be explained. Mayor Coleman stated the sales tax would be 2.2%up to $2,000.For every amount over $2,000,i t is rolled back to 1.2%.Therefore,major ticket items are actually cheaper than in the surrounding areas;on some items the city actually has the smallest sales tax. Mr.Tom Schuelke stated his rent, utilities and food are under $1,000. Mayor Coleman asked if he had calculated that in when he was saying the city had the highest tax rate. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 22 OF 42 Mr.Tom Schuelke commented this is the first he has heard of a tax roll back. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented the emergency clause limits the abilities of interested parties to properly get a referendum on the measure.This is limited to 30 days.He wanted to know what the emergency was;there has to be an explanation of the emergency when the clause is invoked.He does not see one. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1129 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Urich MOVED THAT ORDINANCE NO.1129,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1125/ESTABLISHING REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 23 OF 42 SPEED LIMIT FOR GOLDFIELD ROAD BETWEEN U.S.HIGHWAY 60 AND BASELINE AVENUE )Public Works Director Doug Dobson briefed the council on the item.Goldfield Road in that area has been improved from a two lane to a four lane street with a turn lane.After completing a speed study,the average speed was 32.9 miles per hour.The recommended speed limit is 35 miles per hour. is the one discussed two weeks ago. stated that is correct. Councilmember Durbala asked if this Public Works Director Doug Dobson Councilmember Durbala commented he thought i t should be a little faster than that. 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 further discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1125 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Dietz MOVED THAT ORDINANCE NO.1125,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 24 OF 42 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1127/ESTABLISH A POLICY ON OPEN CUTS ON NEWLY PAVED STREETS) )Public Works Director Doug Dobson briefed the council on the item.This will establish a policy of not being able to cut into a.street for three years that is a new street,has a newly constructed overlay,or has pavement reconstruction.During that three year period all underground utilities will be underground bore except in cases where that cannot be done;in those cases there will be a six -step procedure which he described in detail. Councilmember Dietz commented an extension of 40'on both sides of the trench center line seems rather excessive under Item 3 for some. cases.He asked if that would be mandatory or could they redo it to be an absolute minimum of 10'under certain circumstances at the director's discretion.He would like to make i t fair for everyone involved and keep down the costs where possible. Public Works Director Doug Dobson stated there are some trenches and some contractors that can.do a milling 10' on each side and it will look great;others would need the 40'in order to make i t look right.If council chooses to make it at the director's discretion,it could be worded to say 40'unless in writing from the director of public works,and that the minimum be 10'. Councilmember Dietz commented he would know who does a good job and who does not,so the discretionary powers should be left to him. Councilmember Durbala commented he would like to see 40'all the way across because he may not be here in 5 to 10 years,or even 2 years.If they are only repairing 10'on each side and i t starts to 'deteriorate,then the city has to come back in and repave it.He asked who had recommended the policy. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 25 OF 42 Public Works Director Doug Dobson stated it was recommended by the new engineer and himself. Councilmember Durbala asked why he recommended 40'. Public Works Director Doug Dobson stated they started out with the size of the trench,and he set the distance at 40'because of what he heard from the council.A 20'trench on Ironwood was not what i t should have been.However,a good contractor could do i t in 20'. Councilmember Durbala commented they do not know what contractor the utility company is going to hire.It could result in a terrible job.If the city requires 40',it will be covered all the way across. Public Works Director Doug Dobson stated 40'would cover any trench put out there. Councilmember Dietz commented i t should be a total of 80'. Public Works Director Doug Dobson stated that would cover anything they would come up with.They do need to look at where they might put in many sewer trench lines,and though they have a good contractor,he would still have to go 80'on any one of the trenches. To save them money,they could cut it down to 10'on each side.He has a feel for who does a good job and who does not.But he will not be here forever. Councilmember Durbala repeated they would not know what contractor they would go with. Mayor Coleman commented it would go to the low bidder. Councilmember Durbala stated he would prefer to keep i t so i t is paved all the way across. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 26 OF 42 Councilmember Insalaco stated i f they allowed some to do only 10'and made the others do 40',they would then have the ones having to pave more coming to the city to ask why they had to do a larger job.I t should be kept simple. City Manager Curtis Shook agreed. These people could make the argument that the city does not like them as well as someone else.The city could be accused of that if there is discretionary language. Councilmembers Insalaco and Urich agreed. Councilmember Durbala asked if the water district would not be able to make any cuts until after certain areas were done. Public Works Director Doug Dobson stated there are streets with mains on them.If they have a leak there and they have to cross the street.they would have to meet the same requirements. Councilmember Dietz asked if they would be paving 84'i f it was a 4'trench. Public Works Director Doug Dobson stated they would be paving 80'no matter the size of the trench.They are trying to get everyone to bore instead of cutting the pavement.It will act as a deterrent unless they have to:the utilities should be put in before the paving is done. Councilmember Eck asked if this could be sent out to the utility and service companies so it will not be a surprise to them when they come in to do a project. Public Works Director Doug Dobson stated he could send it to all the utilities tomorrow. The consensus of the council was that it would be a good idea. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 27 OF 42 Councilmember Dietz suggested notifying all the property owners along those streets that are to be paved so that they will have ample time to get any work done before the paving is done. Things can be preset. Public Works Director Doug Dobson stated they have notified all the property owners. Councilmember Dietz commented he meant of the date the asphalt would be going down and that they cannot cut on that asphalt for three years. Public Works Director Doug Dobson stated they have,only they used the term moratorium.They have been notified of what time they expect to be in there and what time they expect to be completed. Mayor Coleman opened the public hearing on the item. Sergeant Woody Haywood,1001 N. Idaho,Apache Junction,addressed the council.He suggested an amendment requiring an Apache Junction police officer to be present when the road is cut.This would decrease the use of police officers from surrounding jurisdictions being used on these projects.The minimum rate would be $25 per hour payable to the officer and $7.50 per hour for the police vehicle payable to the city.This could force them into a boring situation.It would benefit the public's safety as a local officer could notify public works if there are any violations. City Clerk Kathleen Connelly commented the officer's pay would be paid by the company that is doing the work. City Attorney Joel Stern commented that if council wanted to do that,i t should be done administratively.He suggested i t be put in a request for bids.He would not put i t in the ordinance as there may be situations where i t is not needed. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 28 OF 42 smaller jobs,such as a three hour cut. may not need the extra security. Councilmember Eck asked about the City Attorney Joel Stern stated they Councilmember Durbala asked if they were getting a lot of officers from other jurisdictions out here. Public Safety Director Robert Warner stated there are at least three privately -owned companies that employ off -duty police officers from a variety of jurisdictions.They sell their services to various construction companies to provide traffic direction.I t is not unusual for a police officer from a different jurisdiction to be working a job here. Councilmember Durbala asked if it would be a benefit to have Apache Junction officers working the jobs in our community. Public Safety Director Robert Warner stated he would prefer to see an Apache Junction officer dealing with situations in our community.They would have the local knowledge,they understand what is going on and they know whom to call.Other jurisdictions would have no idea of our requirements or who to call in the matter of a violation. Councilmember Durbala asked if this could be written into the ordinance somehow. City Attorney Joel Stern stated he would have to research this further.He does not think they can set the rate of pay in it. Assistant City Manager George Hoffman suggested this be discussed under Item K.Direction could be given to staff at that time to fully research this. Public Works Director Doug Dobson stated he would not put i t in this document because they may come out only 4' REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 29 OF 42 in a 5 lane street and they would have to pay for an officer when no one .does that at this time..He suggested adding language to the permit stating that i f officers are used for traffic control,it must first be offered to Apache Junction police :officers.This would take care of anyone doing any work that would require traffic control. City Attorney Joel Stern stated he would have to do more research on this. Vice Mayor Surra commented i t does not belong in the ordinance.She believes it would be better -in another document or as an administrative policy. City Attorney Joel Stern stated he would have to check .into being able to set the -minimum wage on this. Sergeant Woody Haywood commented every city has either passed or is in the process of passing an ordinance that the first right goes to the city'officers.Currently our officers cannot work in the City of Phoenix.Mesa has a resolution on the board.There are certain intersections in the city that would need an officer no matter what size the cut is. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Urich stated the word "repealing"is misspelled in the title of Section I I on page 3. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1127 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 30 OF 42 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Eck MOVED THAT ORDINANCE NO.1127,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED.HE WOULD LIKE TO NOTE THAT ON PAGE THREE,SECTION II,THE WORD REPEALING NEEDS TO BE CORRECTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1081/AMENDING THE APACHE JUNCTION CITY CODE BY ADDING ARTICLE 10-6 GRAFFITI )Public Safety Director Robert Warner briefed the council on the item.This ordinance deals with graffiti and graffiti instruments.Currently the city provides a free graffiti removal program for the residents.The ordinance does not eliminate the program nor change i t in any way.They will work with and assist innocent victims whose property has been vandalized.The terms of this ordinance are aimed at property owners who are not willing to cooperate,causing additional time and cost to force the city onto their property to remove the graffiti.Those property owners who cooperate and call us or work together with the department when they observe the graffiti will get help at no cost. Mayor Coleman commented he had thought the people were going to be victims twice.He appreciated the clarification. Councilmember Durbala suggested that be put in the ordinance somewhere as i t still sounds like everyone is going to be penalized.He would like something added stating if the city is not REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 31 OF 42 allowed on the property to remove the graffiti,then the penalties would kick in.This currently does not show a policy that the city will go out and clean i t for nothing;i t basically says that in fifteen days a citation and lien will be issued if they do nothing. City Manager Curtis Shook stated he was concerned about that as well.The city attorney stated i t is implicit and i t is an administrative procedure.The ordinance does not need to be amended to put in something that is already being done administratively. City Attorney Joel Stern commented if they start putting in that kind of language you get into discriminatory language.He would like to avoid that.If they would like to do this,he suggested continuing the item so he may come up with proper language. Councilmember Durbala commented he would feel more comfortable with the amendment.He would like to have something in there stating there is an opportunity to have it cleaned:if it is not cleaned in the fifteen day period,then proceed with the process. Vice Mayor Surra commented 10-6-7 states that a notice is given by the city for fifteen days.She added if the property owner comes to them within the fifteen days,the city will help them remove the graffiti.I t is only if they have done nothing and made no contact that this will go into effect. Public Safety Director Robert Warner stated that is his understanding and his intent. City Attorney Joel Stern stated they are given fifteen days.There is also another lien hearing where they can complain that they did not get the notice.They have a second opportunity before they are assessed any costs. Vice Mayor Surra commented they are aware there are people who do not live at properties they are responsible for. They may not know the graffiti exists,but once they are given notice of this they are expected to comply.The penalties would kick in if that person does not contact the city within those fifteen days.I t is free up until then. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 32 OF 42 City Attorney Joel Stern stated i t is implicit in the ordinance that people will not be treated any differently. Vice Mayor Surra commented the people who comply call the city before anyone even sees it,so they frequently do not even get the notice.She believes the way i t is worded is adequate. Councilmember Insalaco commented he is concerned with the people who have their garbage picked up at the front of their property and may not see any graffiti on their back wall in the alley for months.One of his neighbors has graffiti on his wall,and he had to tell him.He asked what would happen in that scenario. Public Safety Director Robert Warner stated the property owner would get a notice from the city advising them of the graffiti on their property and the proper ways to remove it.There is no penalty at that point.The penalties occur if they do nothing after that. Councilmember Durbala commented that fifteen days after the property owner has received the notice,hopefully sent by certified mail,the property owner would only become liable for penalties if the city had not been contacted during those fifteen days.The city would still clean the graffiti off for free during the first fifteen days. Public Safety Director Robert Warner stated that is correct. Couniclmember Durbala commented i t does not say that in here,but that is okay. Mayor Coleman commented i t states the notice will contain an estimate of the cost of removal by the city. Councilmember Durbala suggested i t could say that would be the estimate if the city is not contacted. Mayor Coleman added that would be the cost if the free program was not taken advantage of. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 33 OF 42 Public Safety Director Robert Warner agreed that the information on cooperating with the city within the first fifteen days resulting in a no -cost removal would be beneficial if it were put on the notice.The cost estimate for the non-compliance could also be included on the notice. Vice Mayor Surra commented it could just be on the notice,not in the ordinance. City Attorney Joel Stern stated the purpose of the notice is due process.If it goes to court,the letter has to give complete notice of what will happen if they do not comply.He will work with the appropriate department to recommend language for the notice. Mayor Coleman commented he just wanted people to know they have a way of getting rid of it without being charged. Public Safety Director Robert Warner stated they have no intention of penalizing victims.They would like to assist people and keep the community graffiti -free.They are doing that now and they have no intention of stopping that.This is a mechanism to deal with those that are not cooperative. Vice Mayor Surra commented there is some concern that there will be an imposition on businesses regarding obtaining the materials used for graffiti.She has gotten feedback from businesses on their having to lock up some of the materials. Public Safety Director Robert Warner stated there is nothing in this ordinance that requires that material be locked up.I t requires that the material be placed in a location that is not immediately accessible to the public,such as behind a sales counter on shelves.No additional security or locks are mandated. Vice Mayor Surra commented we live in a society of stores that are self-service with only cashier -type areas. There is only so much area around them,and they frequently have cigarettes and liquor there.She still has some concern about that. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 34 OF 42 City Attorney Joel Stern stated Section 10-6-6 Commercial Display answers the question.I t states that markers and spray paint must be in an area that is not accessible to the public without employee assistance.I t could be placed up high instead of being behind bars or in a locked case. Vice Mayor Surra stated almost everything is self-service today.The day of the local corner store is gone. Councilmember Durbala asked if she had been to a hardware store lately. Vice Mayor Surra commented there were things up and down aisles that would not necessarily be construed as paint;these are markers and things kids use for artistic endeavors.They would have to put every kind of marker behind the cashier. Mayor Coleman commented that would only be the broad tip markers. Councilmember Eck commented he contacted the owner of Evergreen Hardware and the owner of Ace Hardware.They were both concerned.They could do it,but it would be difficult.They do not want anything stolen from their stores and they feel they already keep a good eye on these items.They feel that if they have to do it,then every store should have to do it.He has not seen the Wal-Mart or the Home Depot in Mesa doing it.He does not know if there is a compromise.However,they do like the ordinance. Public Safety Director Robert Warner stated they tried to minimize the type of material that would cause damage while still respecting the rights of parents to allow their children to engage in artistic endeavors and the rights of business people.Any time a law is passed,someone's rights are being infringed upon.This package was the best they could come up with in terms of what has been found to work in other communities.Shoplifting is one of the most serious cost factors,so they tried to reach a compromise.They attempted to restrict this product as they do alcohol and tobacco.The reason for this ordinance is to clean up the areas they were not getting cooperation in and to minimize the exposure the community faces to graffiti.The first part is addressed with the language in REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 35 OF 42 the ordinance;the second part will not only make i t illegal but more difficult to obtain the materials.Council may delete the latter from the ordinance if they do not want to make that imposition and the first part would still be met. Councilmember Urich asked if there were other communities with the same restriction. Public Safety Director Robert Warner stated there are.Almost everything in this ordinance came from other communities that have had them in practice and have had it work. Councilmember Urich commented if the city takes i t out,then they will come over here to write if the other communities have i t in. Councilmember Insalaco commented there are shelves and shelves of spray paint in a hardware store..He cannot see how those can all be put behind the counter.One has to be able to determine what finish one wants.They cannot have somebody to take care of every customer.He has a problem with that when there is a kid that can go into his garage and take his father's spray paint.He cannot see putting the burden on the hardware stores when the kid can get i t from the garage after i t has been bought. Vice Mayor Surra commented Section 10-6-6A deals with the display of materials.The penalties are elsewhere. She asked if they needed the part about the display.She believes i t should be a business decisiwon how those materials are handled.She suggested deleting the one section. Public Safety Director Robert Warner stated they could. Councilmember Urich commented he had said other communities have this restriction. Public Safety Director Robert Warner stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 36 OF 42 Councilmember Eck stated they might have i t but i t is not being enforced. Public Safety Director Robert Warner stated he would expect the retailers to abide by i t if it was in the ordinance.It was not proposed so that they could look the other way.They would go in and work with the businesses to make them work the best way possible.If they are concerned with the display,then council can delete Section 10-6-6.This section tries to minimize the chance of abuse,but someone can still go into a garage and grab a can of paint.He believes the remainder of the ordinance is the important part. City Attorney Joel Stern commented if this is deleted,the section numbering would have to be changed and the numbering would have to be changed where a section is referred to.The motion would be that staff delete 10-6-6 and that all other numberings be corrected. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he reopened the item to council discussion. Councilmember Eck stated i t is a very good ordinance;his only concern was about the retailers.He is glad they have a consensus to remove that portion. Mayor Coleman closed the discussion with no one else wishing to speak and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1081 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 37 OF 42 City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1081,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT WE REMOVE SECTION 10-6-6 AND RENUMBER ALL SUBSEQUENT SECTIONS TO FOLLOW SEQUENTIALLY AND CHANGE ANY REFERENCES TO INAPPROPRIATE NUMBERING WITHIN OTHER SECTIONS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Urich commented she regretted they were eliminating the commercial restriction of graffiti implements.) The motion carried. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF PROPOSALS TO CONDUCT A MARKET STUDY OF RETAIL AND HOSPITALITY POTENTIAL ALONG THE U.S.60 FREEWAY CORRIDOR )Economic Development Specialist Kerry Lyman briefed the council on the item.Two proposals were received on this project.One company had recently conducted two similar studies that encompassed the same area so groundwork had already been completed and their bid was considerably lower.Staff recommends entering into a contract with Elliot D.Pollack and Company for the market study. Vice Mayor Surra commented it was nice to be able to take advantage of other studies having been done. Mayor Coleman closed the discussion with no more comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 38 OF 42 Councilmember Durbala MOVED THAT THE AWARD OF BID FOR A PROPOSAL TO CONDUCT A MARKET STUDY OF RETAIL AND HOSPITALITY POTENTIAL ALONG THE U.S.60 FREEWAY CORRIDOR BE AWARDED TO ELLIOT D.POLLACK AND COMPANY IN AN AMOUNT NOT TO EXCEED $26.030:AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT PENDING APPROVAL OF THE CITY ATTORNEY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS Councilmember Durbala MOVED THAT THE CITY MANAGER AND THE APPROPRIATE STAFF RESEARCH AND RETURN TO COUNCIL WITHIN NINETY DAYS THE ISSUE OF WHETHER THE POLICY OF REQUIRING A POLICE OFFICER AT THE CONSTRUCTION SITES INVOLVING EXCAVATIONS IN THE RIGHT-OF-WAY BE ADOPTED AND INCORPORATED INTO THE CITY CODE.He added 90 days should be sufficient time because of the budget meetings in the near future. Vice Mayor Surra asked if staff needed 90 days. Councilmember Durbala stated they can bring i t back sooner if they have it.The motion was for within 90 days. City Attorney Joel Stern stated i t may take awhile as they will have to survey other cities. Vice Mayor Surra commented she is not concerned with what other cities do.She wants to be sure what the city does is legal. City Attorney Joel Stern commented he thought they were concerned about what other cities were doing. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 39 OF 42 Vice Mayor Surra commented she thought that was just for information.She is not concerned about what other cities do. Councilmember Durbala asked if 60 days would be enough. City Manager Curtis Shook stated staff understands council's concern and they would appreciate the 90 days. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None SELECTION OF MEETING DATES,TIMES;LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT fik EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7 00 P.M.BE HELD ON MONDAY,JUNE 4;2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JUNE 5,2000,IN , THE CITY CONFERENCE IMM:.AND THAT A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE..19,2000,IN THE CITY COUNCIL CHAMBERS: FOR DISCUSSION ON THE PROPOSED BUDGET FOR FISCAL YEAR2000- 01,RESERVING THE REGULAR WORK SESSION AGENDA FOR. THE DISCUSSION AND MAKING IT A PRIORITY ITEM;AND THAT AN ADDITIONAL BUDGET WORK SESSION,SPECIAL MEETING:AND PUBLIC HEARING AT 7:00 P.M.BE HELD ON TUESDAY;JULY 11,2000," IN THE CITY COUNCIL CHAMBERS FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR: FISCAL NEAR 2000-01. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 40 OF 42 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Urich attended the city's first Cinco de Mayo festival last Saturday sponsored by Main Street and everyone had a good time. Mayor Coleman went to the Boys and Girls Club Saturday for the opening of their technology lab.They received $100,000 from Compaq and they put in state of the art equipment.I t is quite a facility and they had a good turn out.He urged the other council members to visit and commented i t is a welcome addition to the community. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:25 p.m. Consent Agenda Items are as follows: I.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of May 2,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:John Contreras:Wayne Emerson:Laura Pingatore;Michaelena Rocca:Dan Wilson;J.J.Underwood;Jeff Bell,Phil Carothers; :Liz Langenbach;and Kathy Connelly. 4.Approval of Resolution No.00-09,Establishment of a second redevelopment area within the City limits to be known as the. "Meridian Redevelopment Area". 5.Approval of Resolution No.00-10,Designation of a Single Central Business District in the City .of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 41 OF 42 ACCEPTED THIS 6TH DAY OF JUNE ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JUNE ,2000. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COVEMAN Mayor 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 16th day of May,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of May,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 16,2000 PAGE 42 OF 42