Loading...
HomeMy WebLinkAbout2000-12-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 5,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 5,2000,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 Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra 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:Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Finance Director Keith Lewis REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 1 OF 27 Others Present:Associate Planner Rudy Esquivias Community Relations Manager Pat Brenner Assistant Planner Juli McDaid ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH ONE CHANGE,AND THAT WOULD BE TO MOVE ITEM NUMBER 13 TO IMMEDIATELY FOLLOW THE CITY MANAGER'S REPORT;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS & RECREATION DIRECTOR JEFF.BELL,PARKS SUPERINTENDENT NICK BLAKE,PARKS SUPERVISOR KEITH GRAVES AND THE PARKS & RECREATION STAFF FOR THEIR WORK IN PREPARING PROSPECTOR PARK FOR CROSS COUNTRY MEETS;AND LIBRARY DIRECTOR PAM LOUI AND LIBRARY SECRETARY CAROL KELLY FOR THEIR ASSISTANCE IN THE APACHE JUNCTION ECONOMIC DEVELOPMENT INFORMATION CENTER WORKSHOP;AND THAT THE AWARD OF BID FOR PW 2000-31,STREET SWEEPER,BE AWARDED TO NORWOOD EQUIPMENT COMPANY THROUGH A CONTRACT WITH THE CITY OF TEMPE IN THE AMOUNT OF $141.795.36 INCLUDING TAX AND THE PM -10 OPTIONS;AND THAT THE AWARD OF BID FOR PW 2000-27,PEST CONTROL SERVICES,BE AWARDED TO CITY WIDE PEST CONTROL,INC.,IN THE AMOUNT OF $250.00 PER MONTH;AND THAT THE AWARD OF BID FOR PW 2000-32,BID AWARD FOR POLICE PATROL VEHICLES,BE AWARDED TO FIVE STAR FORD THROUGH STATE CONTRACT IN THE AMOUNT OF $22,614.00 EACH FOR FIVE FORD LTD CROWN VICTORIA INTERCEPTOR POLICE CARS FOR A TOTAL AMOUNT OF $113,070.00,INCLUDING TAX,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 2 OF 27 Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding a variety of concerns.He commented the Model City Tax Code exempts food for home consumption.Apache Junction has elected a model option to tax food for home consumption.The city also exempts cable television from sales tax.He urged the city to tax this item and use the proceeds to reduce the oppressive food,rental and utility taxes.He was pleased to see right turn lanes discussed at a recent study session.However,he was concerned that the city may have to change the curbing being put in currently by developers and cause additional expense to the city.He urged to require the developers to put in the curbing initially that might be needed in the future.He quoted newspaper articles on councilmembers stating they were not doing anything to thwart referendum movements.He believes invoking an emergency clause thwarts a referendum movement.He requested a clarification on the council's position.He commented the council ignored safety concerns of residents near the development on Goldfield south of U.S.60.These people should be treated fairly regardless of whether they reside inside the city limits or not.He urged a traffic study as part of the hospital proposal.A middle turn lane may not provide the relief expected.He commented the purchase of 2700 acres of land for preservation at a cost of $122 million was discussed at the work session.The purchase would far exceed the city's resources;he urged the council to stop wasting the staff's time on this proposal. Ms.Rochelle LaBonte,600 S.Idaho Road,Apache Junction,addressed the council regarding market days.She read a letter from David Kent,the activities director at Rock Shadows.He urged the continuance of outside vendors being allowed at market days.He agreed that frozen or fresh fish, poultry or meat vendors should not be allowed.He thanked the councilmembers for their positive input on the revision of the market days ordinance. Ms.Mary R.Bailey,3710 S.Goldfield Road,#953,Apache Junction,addressed the council regarding market days.She is one of the coordinators for market days at the Golden Vista Resort.She commented their conditional use permit allows outside vendors in for market days as long as they are licensed.She added handcrafted items/patio sales are exempt from the license requirements, and i t does not state whether the vendors have to reside in the park or not. She gave her park's descriptions of outside and commercial vendors.She commented they screen everyone to make sure all vendors have a sales tax license and that vendors selling unaltered products have a city business license.They have tried to enforce the rules as they understand them.She urged that they be allowed to continue as they have in the past,that the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 3 OF 27 conditional use permit be good for perpetuity,and that they be allowed to advertise outside of their park. Mr.Frank Malvasi,600 S.Idaho Road,#929,Apache Junction,addressed the council regarding market days.He commented this is an opportunity for people to mingle and socialize.He urged the council to leave the activity alone. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He commented on the lawsuits he has against the city,and that he will continue to file referendums and initiatives.He stated the referendum on the Capital Facilities Plan should not have had "cosmetic errors"picked out by the city to deny it;he does not believe the city's actions are mandated and that the city has the option of instigating a referendum on the issue.He urged the city to stop obstructing the process. CITY MANAGER'S REPORT Assistant City Manager George Hoffman announced there is an open house tomorrow evening for the land development code update project.This consists of the zoning ordinance,subdivision regulations,engineering guidelines and landscape and screening requirements.The meeting will be in the City Conference Room from 6 p.m.to 8 p.m.He described the format of the meeting which will allow public input.Chief Warner and his staff have obtained a $30,983 block grant award from the Bureau of Justice;the grant will be used for mobile data terminals.It will be brought back to council in the future. He announced the Main Street Christmas Parade will be this Friday evening at 6:30 p.m.in the area of the focal point. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION AMENDMENT TO ZONING AND CITY CODE ORDINANCES DISALLOWING COMMERCIAL VENDORS FROM PARTICIPATING IN MARKET DAYS EVENTS )Councilmember Urich commented the options presented will create an enforcement nightmare for staff. Considerable time by council,staff and the public has been spent on the item with no apparent resolution.She MOVED THAT WE TAKE NO FURTHER ACTION ON THIS ITEM AND TABLE THIS ITEM INDEFINITELY;FURTHER,THAT THE CITY MANAGER BE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 4 OF 27 DIRECTED TO ANNUALLY SEND A LETTER TO ALL IN -CITY RV,TRAVEL TRAILER,AND MOBILE HOME PARKS,NOTIFYING THEM OF MARKET DAY PROCEDURES AND REQUIREMENTS. Mayor Coleman commented this was supposed to be a discussion item first;he would like to see a discussion after the second is made and before the vote is taken. Councilmember Insalaco SECONDED THE MOTION. Councilmember Eck commented he does not believe the future is always looked at when concerns are brought up.I t bothers him that people come to the meetings upset about something the council is discussing.He would like to leave market days alone other than stopping the commercial meat and poultry vendors. Mayor Coleman asked if there is some updated language that would clarify some of the provisions or points. Councilmember Durbala commented he did not agree with limiting it to parks that are a minimum of 4 gross acres; smaller parks could not get a conditional use permit.He does not agree with leaving i t alone.He does not like commercial vendors at market days,but he is willing to agree to only no outside vendors selling meat,poultry,dairy, seafood,or other perishable products,both frozen and not.It would allow the sale of fruits and vegetables.He would accept everything else written in the draft.Everyone had input on it,and i t does allow the smaller parks to have it.Outside vendors selling arts and crafts and patio items are allowed. Councilmember Dietz agreed i t should have only a few minor changes.He does not like the frozen goods being brought in.He likes the permit being valid for perpetuity.He likes smaller parks being able to have market days. Vice Mayor Surra commented they are saying they want to leave it pretty much alone,except they want to change the cost,what can come in,and participation by smaller parks.Leaving i t as is does not allow for those concerns.She would like to see the definitions cleaned up so everyone understands just what they are.There has to be some alterations to the language of the ordinance.She believes the council is REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 5 OF 27 very close to agreement regarding fresh and frozen food items other than fruits and vegetables.She believes they are in agreement on the smaller parks.However,she is not sure they agree on the $400 perpetuity fee.She believes the fee should be set regarding what it costs the city to do the process.She is not sure a conditional use permit is still needed;i t could be similar to other licenses and only administrative costs would need to be covered. motion be voted upon. Councilmember Urich requested her Mayor Coleman asked for a roll call. City Attorney Joel Stern stated she has the right to call a point of order.As the mayor asked for a roll call, it must be voted upon at this time. VOTE;2-5 (Mayor Coleman,Vice Mayor Surra,and Councilmembers Durbala,Dietz and Eck voted in opposition.) The motion failed. Mayor Coleman suggested they look at the options from the work session.He agreed with deleting the acreage requirement,or reducing it. Councilmember Durbala suggested discussing each one instead of going back and forth.They can then comment on each item in order. Mayor Coleman asked if they had any comments on "A",reducing the acreage requirement. City Clerk Kathleen Connelly stated if the acreage requirement was changed,it would have an effect of issuing the business licenses 98 swap meets. Mayor Coleman asked if she thought the provision was good as is. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 6 OF 27 City Clerk Kathleen Connelly stated they have not had any problems with licensing. Vice Mayor Surra asked if she would preclude any park smaller than 4 acres from having a market days. City Clerk Kathleen Connelly stated it would require additional staff to perform the licensing activities. Councilmember Insalaco stated they could still have their patio sales,they just could not have outside vendors. City Clerk Kathleen Connelly stated that is correct.They would not be able to have crafts people from other parks. Vice Mayor Surra stated that is the problem.They cannot go into the parks unless they have the conditional use permit,and that requires a minimum size of 4 acres. Councilmember Durbala asked i f Item B would take care of that problem,as i t states that parks allowing only handcrafted items at their events shall require outside vendors selling those items to be licensed,as long as the vendor lives in the park or neighborhood. City Clerk Kathleen Connelly stated that would have to be applied to all of the parks. Councilmember Durbala asked the city attorney if each park could have the patio sales if that wording was used,and that other neighborhood residents could then be vendors. Vice Mayor Surra commented i t says they have to be a resident of that area. City Attorney Joel Stern stated there would be an enforceability issue.Additional staff would possibly be required to enforce that,or it could be an honor system. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 7 OF 27 Councilmember Eck commented that is the whole problem with this discussion.The city does not enforce this or have any plans to enforce this.He moved TO KEEP IT THE WAY IT IS AND GET RID OF COMMERCIAL MEAT AND POULTRY. Councilmember Durbala SECONDED THE MOTION. City Clerk Kathleen Connelly asked if that was to leave i t as i t is other than to REMOVE MEAT,POULTRY,DAIRY, SEAFOOD AND ANY PERISHABLE PRODUCT EXCLUDING FRUITS AND VEGETABLES. Councilmember Eck stated that is correct. City Attorney Joel Stern asked i f they WANT AN ORDINANCE BROUGHT BACK THAT DOES THAT. Councilmember Eck stated that is correct. There was general discussion as to whether the motion included the word "commercial"or not.Also discussed was if this leaves the park size at 4 acres and if the item is already cooked. Councilmember Insalaco asked if a hot dog vendor would be excluded. City Clerk Kathleen Connelly stated she did not think they would be excluded. Councilmember Insalaco asked i f someone coming in with an ice cream cart would be excluded,as i t is dairy. He believes they should be allowed to participate. City Attorney Joel Stern commented he believes that under the definition they would be excluded. City Clerk Kathleen Connelly asked if they would like some language put in that would not exclude them. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 8 OF 27 Councilmember Insalaco stated he does not want vendors coming in and selling rotten fish or meat out of a broken down truck. Councilmember Eck stated he liked his original motion insofar as the sale of meat,poultry,seafood or other perishable products.He will leave dairy out in case the ice cream man goes in. that leaves a gray area. leave dairy in there. he should if he wants to exclude them. City Attorney Joel Stern commented Councilmember Eck asked if he should City Attorney Joel Stern commented There was general discussion on what commercial vendors should be excluded.It was determined to be meat,poultry, dairy and seafood. Councilmember Durbala asked if that would still limit the park size to 4 acres. Mayor Coleman stated no other changes were being made.He would prefer to leave it the way i t is. VOTE:4-3 (Mayor Coleman,Vice Mayor Surra and Councilmember Urich voted in opposition.) There was general discussion as to when the ordinance would be coming back to council. Councilmember Durbala MOVED FOR A DATE SPECIFIC ON THAT:RETURN ON THE FIRST MEETING IN FEBRUARY WORK SESSION, FEBRUARY 5,AND THEN COUNCIL MEETING OF FEBRUARY 6,2001. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 9 OF 27 VOTE:6-1 (Councilmember Urich voted in opposition.) The motion carried. Mayor Coleman called for a five minute break. Mayor Coleman reconvened the meeting. PUBLIC HEARINGS CUP -00-09,APPEAL OF BLOCKBUSTER'S CUP ISSUED BY PLANNING AND ZONING ON OCTOBER 24,2000:PROPOSED RESOLUTION NO.00-39; PROPOSED RESOLUTION NO.00-41;PROPOSED RESOLUTION NO.00-42 )Mayor Coleman stated the applicant has asked that this be continued. City Attorney Joel Stern commented they were not consulted on this matter in the executive session or allowed to have a work session on this item since i t is a quasi-judicial matter.The council acts as judges on what the planning and zoning commission did.This is not a legal issue,i t is a choice of whether the council wishes to allow the sign or not. Assistant Planner Juli McDald briefed the council on the item.This is an appeal by staff on the conditional use permit issued by the planning and zoning commission.The commission is allowing a secondary detached sign for the Blockbuster Video Store located at 400 S.Idaho.The representative for Blockbuster is unable to make the meeting due to a scheduling conflict and has requested a continuance to a date certain allowing him to be present.He alleged he did not receive proper notification:he was sent a fax informing him of the appeal along with other pertinent documents.Apparently there were problems with the fax machine and he may not have received all of the information.The date of December 19 is acceptable to the representative.She is prepared to give a full presentation this evening if council wishes. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 10 OF 27 Mayor Coleman commented the presentation can be given at the continuance and he opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilmember Dietz MOVED THAT WE POSTPONE THIS UNTIL THE DECEMBER 19TH MEETING. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-36/SD-99-06 APACHE DREAM TOWNHOUSES FINAL SUBDIVISION PLAT APPROVAL )Associate Planner Rudy Esquivias briefed the council on the item.The final plat and improvement plans are in substantial compliance with the approved preliminary plat and the concept plan approved during the rezoning case.Staff recommends approval of the resolution along with its conditions. Mayor Coleman requested the applicant address the council. Mr.Sam Orlich,3411 N.Kachina Lane,Scottsdale,the developer,addressed the council.He commented Rudy had said all there was to say. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He thinks town homes coming to the city is a great idea.He believes these are a little higher priced than what he would like to see in the city,but he would like to see more than less town homes. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 11 OF 27 Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no council discussion,he called for a motion. Councilmember Insalaco MOVED THAT RESOLUTION NO.00-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT AND FINAL PLANNED DEVELOPMENT PLAN FOR APACHE DREAM TOWNHOUSES SUBDIVISION,CASE SD -99- 06,BY SAM ORLICH,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1121/AUTHORIZING AND DIRECTING STAFF TO EXCHANGE .2 ACRES OF REAL PROPERTY OWNED BY CITY WITH .2 ACRES OWNED BY ASSET XXIV HOLDINGS COMPANY,LLC )City Attorney Joel Stern briefed the council on the item.This is exchanging land in the industrial park area next to Sunstate Rental Company.This will allow for more right-of-way on 34th Avenue in order to make i t a major road to the Earnhardt property. Mayor Colemnan opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if an appraisal had been done to determine if this would be an equal swap and if this would be available for public view. City Attorney Joel Stern stated the former city engineer determined that they were of equal value. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented 34th Avenue ends REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 12 OF 27 in a cul-de-sac two blocks east of the site.He assumes the city has the right-of-way to connect with Auto Center Drive;if not,he suggested they wait and get i t all done at once so that unusable land is not swapped.He stated he would like to see the financial analysis indicating the efforts used in assisting the Earnhardt development is a wise undertaking for the city.He asked why the water district should donate land to the city to help city development efforts,as i t appears the water district is subsidizing the city. If so,the city should compensate the water district for the land.If this is in return for an earlier exchange that benefited the water district,than that should be stated to show the dealings are fair and equal. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1121 BE READ BY TITLE ONLY 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. Councilmember Eck MOVED THAT ORDINANCE NO.1121,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1145/AMENDING REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 13 OF 27 CHAPTER 7,BUILDING,OF THE CITY CODE REGARDING RESTRICTIONS ON FIREPLACES, WITH THE EMERGENCY CLAUSE )City Attorney Joel Stern briefed the council on the item.The federal government has required the state to get in compliance with federal air quality standards.The state had to come up with a plan and i t requires cities and towns that are in the air non- attainment area to put an ordinance in place that requires all new fireplaces to be in compliance with the federal standards.He believes those developers building new homes are already doing so.This has to be in place by January 1,2001.If the fireplace is not in compliance,a permit can be refused.I t exempts outside burning permits. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.Since this involves air quality compliance,he asked about transit. City Attorney Joel Stern commented that is off the agenda. Mr.Elliott Fisher commented everyone wants better air quality,but why do i t if it cannot be enforced. The county has passed this and now the city is passing this,but there is no plan of enforcement. City Attorney Joel Stern commented i t is a state requirement.The county enforces other laws regarding air quality.The city cannot ignore a rule of law:this has to be in effect by January 1,2001. Councilmember Durbala commented people need to read what is on the agenda,be able to look at things,and come to the work sessions to find out that this was already enacted by the state. I t is something that has to be passed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 14 OF 27 Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1145 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra 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.1145,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION )City Clerk Kathleen Connelly briefed the council on the item.The city currently operates under this constitutional provision.The voters must approve this every four years and this must be approved by the voters again next year.The process requires two public hearings,with a special meeting called immediately after the second public hearing which is scheduled for December 19.Council must then vote to put the measure on the ballot or not.The ballot language is prescribed by state law;there are no options. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 15 OF 27 Community Relations Manager Pat Brenner gave a presentation on home rule.This gives the council the option of making budgetary decisions at home rather than using a state -imposed limitation formula.I t does not authorize the city to limit any new taxes or give i t any additional powers.He gave a brief background of the home rule option.As the formula is based on the base year of 1979-1980,which is when Apache Junction had its original budget,the city had a small budget and population.There were no library services so library services would not be included in the current formula.If home rule option is renewed again,i t will not affect balancing the budget.The city is required by state law to balance the budget.It will allow the city to spend the general fund monies i t already has for the programs and services the citizens feel are necessary, such as police,parks,library,services for all age groups and roads. Highway User Revenue Funds are also affected by the spending limitation imposed by the state.If the voters reject home rule,it will penalize the city as inflation and population figures do not reflect the current needs, current population or demand for services.This would necessitate a cut of approximately one-third of the general fund budget over four years,amounting to $2,438,000 for fiscal year 2001-2002,and $29.655.000 for the next four years.The general fund is used to pay for police,parks,libraries and general government services.The revenues would still be received,but they cannot be spent. Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked what would happen to the money if it does not get approved. Community Relations Manager Pat Brenner stated the monies are accrued but they are not spendable.They could be banked and spent at a future time if the home rule option is passed then. The soonest the voters could be approached to spend the monies would be in another two years. Councilmember Durbala commented the parks and recreation programs and other programs could not operate if this was not passed.He asked what the liability would be on long term investments and long term debts the city is required to pay if this is not passed,such as the cable system.He asked if the city would be sued if payments were not made. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 16 OF 27 Community Relations Manager Pat Brenner stated certain expenditures could be made,but those payments coming out of the general fund would have to come from other general fund programs to meet those obligations. Councilmember Durbala commented this could leave the city with nothing to spend. Community Relations Manager Pat Brenner stated by the fourth year of the state imposed expenditure limitation, the city would have $13 million that i t could not spend.That would be money in the general fund that would have been spent on police,libraries,parks and possibly debt service. Councilmember Durbala asked i f because there was no library or parks and recreation department for the city in the year the state is basing its expenditure limitations on,than the city would basically have to go back to having none of those services if the state imposed limitation is used. Community Relations Manager Pat Brenner stated the funds would have to be taken from elsewhere,such as the police. Councilmember Durbala commented i f the money was taken from the police,people would have to be laid off. Community Relations Manager Pat Brenner stated that would be the decision of the mayor and council.The overall picture is saying if the city is prohibited from spending the money, than the city could decide to fund the library and eliminate the funding for parks and recreation and the police department.The city would be taking a large financial hit and the council would have to decide what jobs would have to be eliminated.The state imposed expenditure limitation is what will happen if home rule option is not passed by the voters.He encouraged everyone to vote yes on the home rule option.This will allow the council to decide,given the revenues the city has,where i t should be spent.It will not increase taxes or change any taxation or revenue streams.I t only allows money collected to be spent. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 17 OF 27 Councilmember Eck asked what communities home rule would support and work for. Community Relations Manager Pat Brenner stated a city like Mesa was established enough where they would not have to put this to a vote.Their population base will not let them exceed spending their limitation.Older,established communities or low growth communities would have enough funds under the state imposed limitation.In a community like Gilbert or Apache Junction,where the critical base year was set at very low levels of population and expenditures,those communities are playing catch up every four years if the home rule option is not approved. Councilmember Eck commented he does not see the purpose for this option at any level.It obviously came about through the state legislature in 1980. Assistant City Manager George Hoffman commented it was a spin-off of Proposition 13 from California.They wanted to get a handle on increasing government growth. Councilmember Eck commented he does not like it. City Clerk Kathleen Connelly commented the California legislature also applied it to state government:the Arizona legislature did not. Mayor Coleman asked what permanent base adjustment approval means. City Clerk Kathleen Connelly stated that cannot be discussed as that is another option and this is a hearing on the home rule option. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.This fixes real per capita spending per person by cities.He does not understand how a fast growing city REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 18 OF 27 could have difficulty.The constitution shows that an annual update of the census from the Department of Economic Security or its successor may be used. He suggested they lobby to use the annual update.He asked if the numbers given by Pat Brenner on the slides included the Capital Facilities Plan. Vice Mayor Surra commented those only included revenues. Mr.Tom Schuelke stated i t is an expenditure limitation. Finance Director Keith Lewis commented the formula that he has to use is based on revenues,not expenditures.Expenditures have to match the revenues.He commented the Capital Facilities Plan is included in the expenditures. Mr.Tom Schuelke commented i t appeared to him that the last year's hit is probably the $6 million building. The Arizona Statutes state that the city has to indicate the source of the revenue used to finance excess expenditures and the purpose of the excess expenditures.He suggested devising language for the proposition that would provide two limits;one that allows for the Capital Facilities Plan and one that allows the city to keep the services this council deems necessary.This would allow the people to vote on the Capital Facilities Plan and it would not cost the city additional money for this vote as the home rule option has to be voted on.He also suggested the city look at the base year adjustment option so that they would not have to come back with this every four years,or do a capital accumulation fund allowance. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He is in favor of the city being able to make its own decisions on its expenditures.However,due to runaway litigation recently,he is worried in terms of the budget.He suggested they may want to have the state set the limit this time. Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho Road,Apache Junction,addressed the council.She stated the counties are affected by this also,even though Pinal County is well below its expenditure limit.She gave for as example her earning $20,000 and being told she can only spend $10,000,even though her bills total REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 19 OF 27 $20,000.She believes government is best governed at the local level.This vote will allow the city to spend the money that i t has collected,and i t is necessary for the city to continue the services that i t has.The citizens' needs and wants should be taken into account.In the past,the citizens have always seen that the city wants to continue the services they have been given. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Surra asked if the city would have any choice on the wording that appears on the ballot. City Clerk Kathleen Connelly stated it would not.I t is prescribed for us by the auditor general's office and has been precleared through the state attorney general.The city has no options and i t cannot offer multiple choices. Mayor Coleman closed the discussion and moved on the next item. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION FLOODING AND DRAINAGE ISSUES IN VICINITY OF SAN MARCOS/SOUTHERN AND ON A CITYWIDE BASIS )Councilmember Eck commented there are homes being flooded every time i t rains.He would like to see a master REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 20 OF 27 plan and he is concerned they do something to deal with these "hot"spots until there is a long term solution. Vice Mayor Surra commented she had been told that the washes sometimes cannot handle all the flow because they have been altered,especially regarding the debris and things that have been tossed in them.She suggested they pursue a clean up of the washes to make sure the channels are as clear and deep as they can be to allow the water to flow properly. Public Works Director Doug Dobson stated they could clean the ones that are in the city's right-of-way,but those on private property would have to be cleaned out by the property owner. Vice Mayor Surra suggested they motivate the property owners with neighborhood cleanups.She would like to see the city clean up these washes during the master plan study. Public Works Director Doug Dobson suggested sending the property owners letters stating the washes need to be cleaned out. City Engineer Ron Grittman commented there are several areas where the property owners need to be advised that the original channels need to be reopened. Vice Mayor Surra asked if there are penalties for the original flow of the wash being redirected. City Engineer Ron Grittman commented if it involves Weekes Wash and some of the ancillary washes breaking out from Weekes Wash,there are federal restrictions.Any channel improvements need to go through a rigid process proving the modifications benefit or do not increase the flooding issue.I t is difficult to enforce on the smaller washes where the city has no real authority.The city has no storm drains or condemnation powers;the city cannot make the modifications if the homeowner is reluctant to. Public Works Director Doug Dobson stated that is something they are working on. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 21 OF 27 Councilmember Eck asked if there was money approved to do a citywide drainage survey. City Engineer Ron Grittman stated they are looking at developing a storm water master plan.It will determine the volume and elevation of the flows.Weekes Wash has already been defined. I t needs to be determined on Tepee,Southern,Broadway and Meridian.They are looking at the options provided for storm water retention systems, channelization,any underground structures as well as appropriate funding sources to gain assistance,both federal and state. Vice Mayor Surra commented the council would be able to allocate general fund money as i t has been earned through sales tax revenue. City Engineer Ron Grittman stated that is correct.The funding of this will be widespread. Vice Mayor Surra commented that would be unless the city is limited on what i t can spend out of its income. Councilmember Durbala asked for an estimate on the cost of this. City Engineer Ron Grittman could not give an estimate.They have to look at structures,channelization,and retention basins. Councilmember Durbala stated the study must be finished before anything can be done with this. City Engineer Ron Grittman stated the study will include rough concepts on solutions. Mayor Coleman asked if he had an estimated timeline. City Engineer Ron Grittman stated the development of the scope of work is underway.He is estimating a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 22 OF 27 completion time on the study of a year to a year and a half.There will be several facets and each one will come before council for award and discussion. Vice Mayor Surra asked if it could be speeded up. City Engineer Ron Grittman stated i t involves a lot of staff time.Currently they are working on getting Broadway, Ironwood and Superstition completed,including the water line construction on Broadway. Vice Mayor Surra asked if they will be trying the alternative measures while they are working on the study. City Engineer Ron Grittman stated they are always looking for ways to improve the problem areas as part of their maintenance program.He gave an example of the problem they are having with the wash on Gregory. Mayor Coleman asked if there is a way they can clean it up and place a lien ornthe property. City Engineer Ron Grittman stated he is working with Joel on some of this,but the city is limited on what it can do. City Attorney Joel Stern stated there is an anti -weed ordinance,and if it is determined to be weed or - rubbish,they notify the owner -that:the city will clean i t up.There is a lien process for that clean up.This is done through code compliance,but he does not know if the problem on Gregory is applicable and if code compliance has been informed. Vice Mayor Surra stated she did not want people thinking the city would be doing nothing,until the study was over. The city will continue to-work'towards solving those problems. City Engineer Ron Grittman stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 23 OF 27 Public Works Director Doug Dobson showed some slides on problems upstream that are causing problems downstream. City Engineer Ron Grittman stated there is a way to fix one area,but the city would have to construct an underground system at the intersection of 23rd Avenue and Buena Vista,and i t would have to go all the way to the interstate.This would cost the city approximately $300.000.The city also has to consider the limit of the insurance policy.Very few cities construct to 100 year storm levels;they usually do between 25 year,50 year or 75 year storm levels.If a 100 year storm comes in,the water will go back where i t has always gone. Councilmember Durbala commented he wanted everyone aware that this would not be an inexpensive project and i t will be a long process. City Engineer Ron Grittman estimated it will take the city ten years to build the whole system.He commented they could improve the process by encouraging the other agencies involved in Weekes Wash to complete the structure across.He has heard from Maricopa County and Pinal County that they are excited the city is moving on this project. Councilmember Insalaco asked if this would alleviate some of the problem. City Engineer Ron Grittman stated Maricopa County Flood Control has a project extending from Bull Dog structure over and across Weekes Wash.They are still working on mining rights so the project is stalled.If the city begins something like this,it may provide more motivation. Mayor Coleman closed the discussion with no one else wishing to speak and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FLOODING AND DRAINAGE ISSUES; THAT STAFF PERFORMS A COMPREHENSIVE CITYWIDE DRAINAGE STUDY,AND KEEP THE COUNCIL PERIODICALLY UPDATED WITH THE PROGRESS OF SUCH STUDY. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 24 OF 27 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 18,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 19,2000, IN THE CITY CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Councilmember Dietz SECONDED THE )Mayor Coleman adjourned the meeting at 9:08 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 7,2000. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 25 OF 27 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jeff Bell;Nick Blake:Keith Graves: all Parks and Recreation employees:Carol Kelly;and Pam Loui. 4.Approval of Bid for Project No.PW 2000-31,Street Sweeper,to Norwood Equipment Company in the amount of $138,118. 5.Award of Bid for Project No.PW 2000-27.Pest Control Services,to City Wide Pest Control,Inc.in the amount of $250 per month. 6.Approval to purchase five Ford LTD Crown Victoria Interceptor police patrol cars from Five Star Ford under State contract at a unit price of $22,614 including tax,for a total price of $113.070. ACCEPTED THIS 19TH DAY OF DECEMBER 2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF DECEMBER ,2000. DOUGLAS CO/EMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 26 OF 27 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 5th day of December,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of December,2000. C--)7 • 7/t/g2Z,L/i'6- KATHLEEN CONNELLY City Clerk 2e—ibg REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5,2000 PAGE 27 OF 27