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HomeMy WebLinkAbout1993-08-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 3,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 3,1993,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:07 p.m. INVOCATION Councilman Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Parks and Rec.Director Jeff Bell Library Director Pam Loui Finance Director Keith Lewis Operations Supt.Doug Dobson Robert Trepp,2300 W.Apache Trail,Apache Junction W.Dean Thorpe,1615 N.Delaware Dr.,Apache Junction Corwin Brundrett,2151 W.Meridian Dr.#13, Apache Junction REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 1 OF 29 Robert M.Wininger,2949 N.50th Dr.in Phoenix. Lori Arrington "Skywoman"(homeless in Apache Junction) Will Leffler,1963 S.Vaquero,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. MOTION. Councilman Perkins SECONDED THE Vice Mayor Barker abstained on items 2 & 3. VOTE:1 Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Perkins presented certificates of appreciation to Rachell and Melissa Jeffries for being winners in the summer reading program. CALL TO THE PUBLIC Mr.Will Leffler,1963 S.Vaquero,spoke against proposed Ordinance No. 870 for a Citizen Review Board. Ms.Lone Addington "Skywoman"spoke in favor of creating a Citizen Review Board and alleged that someone had tried to burn her out of her campsite the night before. CITY MANAGER'S REPORT City Manager Mike Lee reported that the crossover at Starr Rd.should be completed the first of next week.He also spoke on behalf of City staff regarding the loss of Public Works Director Richard Broman,announced the memorial services,and informed the Council that several City offices will be closed to allow city staff to attend the memorial services. OLD BUSINESS RESCISSION OF MOTION DIRECTING STAFF TO ELIMINATE OPERATIONS DIRECTOR (COURT ADMINISTRATOR)POSITION AT MAGISTRATE COURT AND CREATION OF CHIEF CLERK'S POSITION REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 2 OF 29 )City Attorney Glenn Gimbut briefed the Council on this item. Councilman Hendricks MOVED THAT THE COURT ADMINISTRATOR POSITION BE RETAINED AND NOT TO ESTABLISH A CHIEF COURT CLERK POSITION AT THIS TIME. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RECONSIDERATION OF MOTION APPROVED ON JULY 20,1993,TO POSTPONE ORDINANCE NO.868 TO SECOND MEETING IN SEPTEMBER )Councilman Hendricks asked to speak in private with the City Attorney. Judge Brundrett,2151 N.Meridian Dr.#13,addressed the Council on the Judicial Review Board's recommendations for the Magistrate Court.He stated that the board only dealt with personality problems within the court but not with the needs of the court and made reference to statements from the board relating to that.He stated that Councilwoman Richmond visited the court to check it out for any problems and to get acquainted with court procedures.He informed the Council that the Supreme Court would be able to do a study of his court by late August or the first part of September.He introduced Mr.Bob Wininger,Director of the Arizona Supreme Court Service Division,to speak to the Council on the needs of a full-time Magistrate relating to other courts in Arizona. Mr.Bob Wininger,2949 N.50th Drive in Phoenix,stated that Judge Brundrett asked him to assist the court and the Council on this issue and offered the assistance of the Supreme Court in doing an administrative review of the court.He stated that the Chief Justice and his administrative staff have administrative responsibility over all levels of the court.He stated that the supervision in administrative orders has been delegated to the local level,the presiding judges.He stated that the Court Services Division of the Administrative Office performs consulting functions for all levels in the form of records management reviews,cash management reviews,and any kind of a review that is a non -judicial function of the court. Mr.Wininger also referred to Council direction to staff on the selection process to hire an "Administrative Judge"and offered his services in assessing the criteria for that position. He agreed to meet with the Council either in executive session or open session to talk about the administrative responsibilities not only of the presiding REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 3 OF 29 judge but also court administration.He briefed the Council on the court reviews they have been doing in the last year and stated that some of the courts are not functioning very well;that some of the problems are with records management,cash management,and all kinds of problems related to court administration.He added that many of the courts they have reviewed did not have a court administrator and the presiding judge cannot give the attention needed to the administrative duties of the court,therefore they have encouraged not only the Superior Court but the Justice and local jurisdiction courts,where possible,to have court administrators.He made the commitment to the Council to meet at a later date to discuss the merits, pros and cons,but at this time he would answer any questions the Council might have concerning the court operations. Councilman Perkins asked if the review of our court could be done in late September. Mr.Wininger answered that it would probably be in early September. Councilman Perkins asked how long the actual review would take. Mr.Wininger stated that it would be a two-to three-day process and he would send out four to five people. Councilman Perkins asked if the report could be back by September 21st. Mr.Wininger answered that he would need 14 days. Councilman Perkins asked if Mr. Wininger would be willing to help on the criteria for hiring a judge and if he has done it before. Mr.Wininger answered yes and that he has done not only the hiring of judges but also of court administrators. He stated that he handled the entire hiring process for the Superior Court Administrator of Navajo County and he helped the City of Scottsdale at one point with the hiring of their court administrator and their judge. Councilman Coleman asked if that service would be free of charge to the City. Mr.Wininger answered that it was for free.He explained that although there is a separation of powers,when the Supreme Court implements its orders,such as paying fines or serving time in jail,i t is their responsibility to make sure that those orders are carried out whatever they might be and they want the courts to operate as efficiently REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 4 OF 29 as they possibly can being fair and equal to all the people who come before the court. Mayor Perkins thanked Mr.Wininger and welcomed him to Apache Junction.She asked if there was anyone else wishing to speak on this item.There being no one wishing to speak,she closed the public hearing. Councilman Hendricks MOVED THAT THE PREVIOUS MOTION TO POSTPONE ORDINANCE NO.868 TO THE SECOND MEETING IN SEPTEMBER AND THE CORRESPONDING DIRECTION TO STAFF BE RECONSIDERED;AND THAT ORDINANCE NO.868 BE CONSIDERED AT THIS TIME.(He intended to include a change in the recruiting plans but Vice Mayor Barker made a point of order.) Vice Mayor Barker pointed out that the Council would need to vote on the motion for this item first and anything that was additional would have to be on the next motion. City Clerk Kathy Connelly confirmed that Item No.6 included possible instructions to staff regarding recruitment of a Chief Magistrate. Councilman Perkins was concerned with possible changes in this ordinance and stated that he was happy with what was passed the other night. Vice Mayor Barker pointed out that there was a motion on the floor that was not seconded and it needed to either be completed or dropped. Councilman Hendricks retracted his motion. Councilman Perkins stated that he wanted to further discuss what Councilman Hendricks was proposing before he made his decision on whether he wanted to reverse the motion made on July 20th. Vice Mayor Barker asked Councilman Perkins if he was asking if the Council can reverse that. Councilman Perkins answered yes and that he was not sure what Councilman Hendricks wanted to propose. Ms.Connelly asked Councilman Hendricks if he did not want to reconsider the ordinance portion at this time but he wanted to reconsider the direction to staff portion. Councilman Hendricks answered yes. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 5 OF 29 Ms.Connelly suggested to Councilman Hendricks that he split his motion on this item by simply saying that he did not want to reconsider the postponement of Ordinance No.868 but he wanted to reconsider the corresponding direction to staff. Councilman Hendricks agreed on that. He MOVED TO RECONSIDER DIRECTION TO STAFF. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS ORDINANCE NO.868,AMENDING CHAPTER 5, MAGISTRATE COURT,ART.5-2,SEC.5-2-1 AND 5-2-3,AND ART.5-5 OF THE CITY CODE WITH THE EMERGENCY CLAUSE;POSSIBLE INSTRUCTIONS TO STAFF REGARDING RECRUITMENT OF A NEW CHIEF MAGISTRATE )City Clerk Kathy Connelly clarified that the portion to be considered at this time is the portion dealing with direction to staff. City Attorney Glenn Gimbut added that direction to staff is not necessarily subject to a public hearing. Ms.Connelly stated that the item needed to be repeated as it was on the agenda last time when it was postponed. Councilman Hendricks MOVED TO DIRECT STAFF TO BEGIN RECRUITMENT OF A CHIEF MAGISTRATE WITH A STRONG ADMINISTRATIVE BACKGROUND BY DECEMBER 1ST. Vice Mayor Barker asked if he wanted the recruitment to begin on December 1st. Councilman Hendricks answered that he wanted the recruitment to begin now and have a Chief Magistrate by December 1st. Vice Mayor Barker SECONDED THE MOTION AND AMENDED THE INSTRUCTION TO STAFF TO INCLUDE THE INCLUSION OF MR. WININGER TO ASSIST IN SETTING THAT CRITERIA. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 6 OF 29 Councilman Hendricks SECONDED THE AMENDMENT to his motion. Councilman Perkins asked if with that direction to staff they were creating two judge positions. Councilman Hendricks answered that they were creating a Chief Magistrate position. Councilman Perkins asked what were the duties and obligations of a Chief Magistrate according to this. Vice Mayor Barker answered that Ordinance No.868 had the description of a Chief Magistrate versus a Magistrate versus a Magistrate Pro Tem;that she would presume that they were looking in that area as defined there and with the input from Mr.Wininger they could clarify that. Councilman Perkins stated that his question was if they are creating another position in the court,other than the current judge position. Vice Mayor Barker answered that it would appear so from the motion. Councilman Hendricks added that they will be eliminating the Pro Tem Judge. Councilman Coleman asked if they would have a Chief Magistrate and a Magistrate. Councilman Hendricks answered yes. Councilman Coleman stated he thought there was going to be a study done to determine the operational needs of the court for a Chief Magistrate;that he would like the judge positions to overlap and he was thinking of January instead of December which would give them 6 months of overlap;and that he would like to see only one judge position. Councilman Perkins agreed with Councilman Coleman.He commented on the budgetary constraints and favored the court review by the Supreme Court and to follow their recommendations. Mr.Gimbut pointed out that the overlap means having two judges and two judges positions. Councilman Perkins replied that it is only if you change judges. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 7 OF 29 Mr.Gimbut stated that if there is an overlap,Judge Brundrett would be in office as a judge and this would be one position;if you have an overlap with a second judge,there must be a second judge's position for that to exist and judges positions are created by ordinance.He suggested that direction to staff at this time include an intent to create a second judge's position by adopting Ordinance No.868 or something like that authorizing the two judges. Councilman Perkins suggested to wait until the court study is done before the Council determines whether or not they need to adopt the new ordinance creating more judge positions if they are not needed. Vice Mayor Barker stated that there were two considerations to make:(1)Judge Brundrett has announced his intention to retire and that position needs to be replaced;and,(2)they want an overlap on judges in order that one judge might learn from the other and determine how he or she would like to operate the court.She stated that the motion was to postpone the ordinance until such time that the study that was requested by Judge Brundrett comes back to the Council and the instruction to staff was to go ahead and begin recruitment for a new judge which will be needed. Councilman Perkins stated that his problem was the creation of more judge positions than are needed.He suggested to direct Judge Brundrett to begin working with the Supreme Court on the court review and bring it back to staff,and then let the Council act on it at that point;if there is not a need for a second judge,they can work on the ordinance to change it so that the two judges can overlap. Councilman Coleman stated that he would like them to follow the same process that was used when the City Attorney was hired:it would have made him uncomfortable at that time if they had wanted to create the position of Chief City Attorney. Vice Mayor Barker stated that all the Council is doing is asking staff to recruit a judge;that is what the motion is asking. Ms.Connelly read the original motion:"THAT DIRECTION BE GIVEN TO STAFF TO BEGIN RECRUITMENT OF A MAGISTRATE WITH A STRONG ADMINISTRATIVE BACKGROUND AND TO HAVE THE POSITION IN PLACE BY DECEMBER 1ST."She added that Ordinance No.868 is not under consideration and the amendment to the motion was:"THAT MR.WININGER BE INCLUDED IN THE PROCESS." Vice Mayor Barker stated she did not see that as creating two judge positions or preempting anything but giving staff enough time to do what they need to do. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 8 OF 29 Magistrate was in the motion. Councilman Perkins asked if Chief Ms.Connelly answered no. Councilman Perkins stated he did not see any need to bring in a new judge as early as January or February and that six months between budget years is plenty of time. Councilman Hendricks replied that he would agree with January;it will allow the new judge time to get used to his court and decide what he wants his court to be before he has to start worrying about preparing his budget which starts in February. Councilman Perkins asked when the budget process starts. City Manager Mike Lee answered that the preliminary budget starts about January 1st. Councilman Perkins confirmed the motion with Ms.Connelly and direction to staff with Vice Mayor Barker.He asked to ADD TO THE AMENDMENT:THAT STAFF BE DIRECTED TO SET UP A TIME WHEN MR.WININGER CAN COME IN AND DISCUSS WITH THE COUNCIL CONCERNS THEY MIGHT HAVE. Vice Mayor Barker accepted Councilman Perkins'addition to her amendment and she repeated the motion with her amendment and Councilman Perkins'addition. Councilman Perkins asked if the Council needed to have in the motion anything about the review of court operations. Vice Mayor Barker answered that Judge Brundrett could do that himself and that it is already happening. Ms.Connelly confirmed with Vice Mayor Barker the additions to her amendment. Vice Mayor Barker agreed with that. Asst.City Manager George Hoffman asked if the Council's intent was that prior to initiating the recruitment staff bring back to the Council a description of what i t is that they are recruiting for;or if staff is to basically recruit for a position similar to that which is held by Judge Brundrett emphasizing the desirability of a candidate with strong administrative capabilities and not bring that back for the Council's review. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 9 OF 29 Councilman Perkins stated that the point of bringing Mr.Wininger in was to help form the criteria that would be part of the process for recruiting the new judge. Mr.Hoffman asked for clarification. Councilman Perkins clarified that recruitment begins with staff sitting down with Mr.Wininger to work out the criteria for a strong administrative judge;the second step would be to bring it back to the Council for review;then begin advertising for recruitment. Vice Mayor Barker stated that i t meets the recruitment standards used for all other jobs. Mr.Hoffman asked if for the overlap period there would be two judges with identical job descriptions. Vice Mayor Barker answered that he did not know that yet because he had not sat down with Mr.Wininger to work out that job description. Mr.Hoffman stated that one thing they needed to think about was who would be in charge. Vice Mayor Barker replied that was something that Mr.Hoffman would have to decide together with Mr.Wininger. Councilman Perkins agreed with Vice Mayor Barker. The Council proceeded with the vote on the amendment. Ms.Connelly read the amendment:TO CHANGE THE DATE TO JANUARY 1ST;THAT STAFF BE DIRECTED TO INCLUDE MR. WININGER'S EXPERTISE TO HELP WITH THE RECRUITMENT;AND THAT ARRANGEMENTS BE MADE FOR MR.WININGER TO SPEAK WITH THE COUNCIL. AMENDMENT VOTE:Unanimous. The motion carried. MAIN VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 8:10 p.m.She reconvened the meeting at 8:27 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 10 OF 29 RESOLUTION NO.93-17:FINAL ADOPTION OF BUDGET FOR FISCAL YEAR 1993-94 (WITH THE EMERGENCY CLAUSE) )Mayor Perkins opened the hearing to the public.There being no one wishing to speak on this item,she closed the public hearing. Councilman Perkins MOVED THAT RESOLUTION NO.93-17,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1,1993,AND ENDING JUNE 30,1994;DECLARING THAT SUCH SHALL ESTABLISH THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 1993-1994;AND DECLARING AN EMERGENCY.He asked if they needed to include anything else regarding the Court Administrator. Finance Director Keith Lewis answered no. (Discussion continued before the motion was seconded.) Mayor Perkins asked if the lease of the park on 16th Avenue had been dropped because she did not see any money recommended for that. Mr.Lee answered that the park lease increased the budget by $20,000 but it was not in a single -line item;i t is spread through the department budget for utilities,labor,and so forth;the original request was for $60,000 but only $20,000 was approved. Councilman Perkins stated that a report from the Parks and Recreation Commission recommended that the City begin developing neighborhood parks and for $20,000 the City is not only starting that process but is also providing a facility for that neighborhood. Mr.Lee stated that the park has already been scheduled for some programs and suggested that Parks and Recreation Director Jeff Bell could brief the Council on some of those. Mr.Bell was not available to do that. Mr.Lee stated that the park will be basically used year round for the City's youth recreation programs and it was set up as a pilot program to see how much need there was for it and how much it will be used. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 11 OF 29 Mayor Perkins stated that the rodeo grounds is not getting anything in here but it was included in the economic development.She asked the Council to consider in this budget something for the rodeo park to address the needs of the 4-H group which was increasing in number. Councilman Hendricks agreed with Mayor Perkins. Vice Mayor Barker pointed out that they cannot add anything to the budget;they can subtract but not add something at this point. Mayor Perkins asked how can they pinpoint some money for the rodeo grounds directly. Mr.Lee answered that the recommendation was that the rodeo grounds be considered in context with other economic development programs that the City has not funded yet. that the prisoner maintenance has doubled courts usually assess some of that charge problem with the full $80,000. Councilman Hendricks pointed out and according to Chief McDaniel the back against the people,so he has a Councilman Perkins stated that part of that was that the home arrest program by ruling of the Supreme Court was going to be erased. Mr.Lee explained how the $40,000 additional was calculated.He stated it is right that sometimes the City receives some money back but this still has to be shown as an expenditure. Councilman Hendricks asked if they could put $40,000 in contingency. Mr.Lee explained that the budget is merely a projection,an estimate of what is going to happen;i t is estimated that we will need $80,000 but if all that is not needed,then what is left will be carried over into the next budget year. Councilman Hendricks asked if he will see here next year $80,000 or what is actually used. Mr.Lee answered that he will see an estimate that will be based on what will happen this year;that not because that money is in the budget it will be spent;and that monthly bills are received from Pinal County as to what the City owes. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 12 OF 29 Vice Mayor Barker asked if it is not true that the bills will go down a little this year;that she heard that there would be a slight decrease in the County's rates. Mr.Lee confirmed that and recommended to leave that amount which will not be spent if it is not needed. Mayor Perkins stated there is a budget total but sometimes at the end of the budget year there are people who rush to buy furniture.She asked if money that is earmarked for one special thing cannot be used for something else. Mr.Lee answered that budgeted money can be used for things other than what they are budgeted for,as long as the department does not exceed its total budget,but that has to be justified and approved and it will be difficult this next year for that to happen. Councilman Perkins stated that he has seen wrong information in the newspapers about the merit increase for employees.He clarified that the Council has in fact included the 5% merit increase in the budget to be reviewed in January and it will be retroactive depending on funds availability. Mr.Lee confirmed that. Mayor Perkins asked who rates the merit system. Mr.Lee answered that the immediate supervisors do the evaluation,then it goes for review to the department heads,and then he reviews them for approval;but he has questioned some of them and not everyone gets approved;but he relies quite heavily on the immediate supervisor's evaluation. Councilman Coleman SECONDED THE MOTION. VOTE:In favor:Councilman Hendricks,Councilman Coleman,Councilwoman Richmond,Councilman Cox,Councilman Perkins,Mayor Perkins. Opposed:Vice Mayor Barker. The motion carried. ORDINANCE NO.867:AMENDING,REVISING,AND ADOPTING CITY CLASSIFICATION PLAN FOR FISCAL YEAR 1993-94 (WITH THE EMERGENCY CLAUSE) REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 13 OF 29 )Asst.City Manager briefed the Council on this item.He stated that Mr.Wininger encouraged him tonight not to utilize the Chief City Magistrate title but rather the title of Presiding City Magistrate.He recommended to make that change by amending the Classification Plan.He stated that the Classification Plan included the position of City Magistrate in anticipation of possible adoption of Ordinance No.868 which did not happen;that the Council could leave it there or take it out and it did not matter either way. Councilman Perkins asked what would happen if the Supreme Court recommends two judge positions in the court and if they would need that title in there. Mr.Hoffman answered that the Classification Plan is a structure and the City does not necessarily have to fill all the positions in the structure. Councilman Perkins stated that his question was if they should leave the title in there in case the Supreme Court recommends two judge positions. Mr.Hoffman answered that they could leave it in there. Vice Mayor Barker asked Mr.Hoffman to explain the changes to the various positions listed in his memo. Mr.Hoffman answered that he is recommending that some of the ranges of certain positions be changed;for example,that the Assistant Library Director be moved from a range 35 to a range 40.He stated that the intent is not to change the pay of these people but that their pay be as close as possible,but no lower,than what they are getting right now.He stated that in no case would an employee receive more than a 1% adjustment by making these changes but most of them would get 0%. Finance Director Keith Lewis further explained the difference in ranges. Vice Mayor Barker asked if the changes that Mr.Hoffman is recommending are included in the ordinance. Mr.Hoffman answered that the ordinance reflected the changes that he has recommended with the exception of changing the tile from Chief City Magistrate to Presiding City Magistrate. Vice Mayor Barker MOVED THAT ORDINANCE NO.867 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 14 OF 29 Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING,REVISING,AND ADOPTING THE CLASSIFICATION PLAN OF THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Councilman Coleman MOVED THAT ORDINANCE NO.867 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT THE TITLE CHIEF CITY MAGISTRATE BE REPLACED WITH PRESIDING CITY MAGISTRATE. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.869:AMENDING EXHIBIT "A" FROM ORDINANCE NO.736 )City Engineer Gordon Grandy briefed the Council on this item. Vice Mayor Barker MOVED THAT ORDINANCE NO.869 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING EXHIBIT H A "OF ORDINANCE NO.736,ESTABLISHING TRUCK ROUTES, IN APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR PENALTIES." Vice Mayor Barker MOVED THAT ORDINANCE NO.869 AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 15 OF 29 Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REPORT FROM CITIZEN REVIEW BOARD,DIS- CUSSION,CONSIDERATION AND POSSIBLE ADOPTION OF ORDINANCE NO.870:CITIZEN REVIEW BOARD )Asst.City Manager George Hoffman briefed the Council on this item. Mayor Perkins opened the public hearing. W.Dean Thorpe,1615 N.Delaware Dr.,spoke opposing proposed Ordinance No.870. Mayor Perkins asked if there was anyone else wishing to speak on this item.There being no one else wishing to speak,she closed the public hearing. Vice Mayor Barker agreed that the ordinance as i t reads still needs some work but some areas in the ordinance were deliberately misunderstood by people at the public hearing last night. She stated that this ordinance should be looked at for any liabilities and suggested that if in fact this is going to be put through various legal entities to determine what those liabilities might be,the intent has to be established;if this Council has no intention of putting together a Civilian Review Board,than this should not be sent anywhere.She MOVED THAT THIS COUNCIL EXPRESS THROUGH A ROLL CALL VOTE THEIR INTENT TO CREATE A CIVILIAN REVIEW BOARD;AND FURTHER THAT THE STAFF GO BACK THROUGH THIS ORDINANCE AND CLARIFY SOME OF THE LANGUAGE THAT WAS POINTED OUT BY PEOPLE AS AMBIGUITIES AND THAT THERE NEED TO BE SOME DEFINITIONS;AND HAVE THIS FORWARDED TO THE PROPER LEGAL ENTITIES AND HAVE THEM WORK ON IT,SCRUTINIZE IT,DECIDE IF IT CARRIES LIABILITIES TO THE CITY OR POLICE OFFICER OR EMPLOYEES,ETC.;AND TO HAVE THIS ORDINANCE COME BACK TO THE COUNCIL.She asked that first she would like to see the Council express an intent to go through with this. Councilman Hendricks SECONDED THE MOTION. City Clerk Kathy Connelly asked for clarification on the motion. Vice Mayor Barker clarified that she wanted an expression of intent by roll call vote to go through with this. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 16 OF 29 Ms.Connelly stated that the motion and the second were for "AN EXPRESSION OF INTENT TO CREATE A CITIZEN REVIEW BOARD." Vice Mayor Barker added:"AND THAT THE STAFF CLARIFY THE LANGUAGE,INCLUDE SOME DEFINITIONS,FORWARD IT TO THE PROPER LEGAL AREAS FOR SCRUTINY,AND BRING IT BACK WHEN THEY HAVE COMPLETED THAT." Councilman Coleman asked if at that time the Council can then support it because he has some concerns before him right here. Vice Mayor Barker answered yes,i f he was satisfied at that point in time,yes,he could vote for it then;this vote is not for the ordinance. Mr.Hoffman asked if "staff"means the task force. Vice Mayor Barker answered that she understood that the task force sort of self -disintegrated.She stated she believed this was in the hands of staff now;the task force worked in friendship and combat but i t is now time for staff to take all those points of information plus the public's input from last night and work with it,if the Council says so. Councilman Perkins explained his position in creating a Citizen Review Board;that i t is not necessary and that we have a due process that is in place.He agreed that some fine tuning might be needed but this was not the way to go. Mayor Perkins stated that in all the time that she has been Mayor,Councilman Perkins has spent more time at the police department than at administration. Councilman Perkins replied that is called investigation. Mayor Perkins replied that it seems to be the consensus of the police department,himself,and the fire department. Councilman Coleman stated that his major concern in creating a board was the Open Meeting Law and maintaining confidentiality and protecting our police department against allegations and that he would like to see something that can ensure both. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 17 OF 29 City Attorney Glenn Gimbut pointed out the limitations of the board as stated in the proposed ordinance and the law references that protected the confidentiality of individuals. Councilman Perkins asked if this ordinance is passed after review,how easy would it be for another council to change it and incorporate the powers to allow this board to look into personnel files. Mr.Gimbut answered that it was possible. Councilman Perkins asked how then can he guarantee the limitations of the board on that. Mr.Gimbut answered that one can never preclude any council from exercising its rights to govern,nor can one ever give away the power of the council to exercise its beliefs or functions to adopt ordinances. Councilman Perkins stated there is no guarantee that this could not eventually be formed into a politically driven machine for the intent of going after individuals in the police department;the ability is always there once the ordinance is adopted. Mr.Gimbut replied that likewise, the ability is there that if this ordinance is not adopted,a future council can adopt a brand new ordinance. Mr.Hoffman stated that besides the limitations and restrictions that could be placed on the actions of board members and on staff,there is a third component which is the right of citizens to come forward to name names,to make allegations,and to obtain a copy of a criminal investigation and for them to utilize that information, which cannot be controlled and which we needed to be aware of. Councilman Coleman commented that i f this board is created,it would make recommendations to the Chief of Police through the City Manager and he was not sure this will lay to rest concerns that were expressed in creating this board;and he was not sure what good that was going to do other than to fulfill campaign promises. Vice Mayor Barker stated this was not a campaign promise;that she commented on this at a regular Council meeting last summer;and that this was never intended to pick at a specific person but look at a few problems and the policies which did not seem to match the procedures,and to make some recommendations to the City Manager and the Chief of Police for consideration. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 18 OF 29 Councilman Perkins commented that the Council was elected so that if there is a concern from a citizen group, they direct the City Manager to review policies and procedures in any department to see if they fit in. Vice Mayor Barker replied that the public has that right. Councilman Perkins agreed on that but he is also willing as a Council person to do his job of directing the City Manager to do his job instead of putting this off on any committee that the Council can create to take the pressure off of him;if there is a problem,he needs to let the City Manager take care of the problem and this is the process that has been created. Vice Mayor Barker asked Councilman Perkins if he would like to abolish all other boards so that the City Manager can make all of those decisions.She further explained that the boards and commissions have been formed so that the public can have a voice in things that might affect them,and the public has asked to have a voice in this process also. The Council proceeded with the vote. VOTE:In favor:Councilwoman Richmond,Vice Mayor Barker,Councilman Coleman,Councilman Hendricks,Mayor Perkins. Opposed:Councilman Cox,Councilman Perkins. The motion carried. Mr.Gimbut asked that if there are areas in this ordinance that individual members of the Council would like to see clarified or particular provisions that they would like to see definitions for,that they communicate them to him. Councilman Coleman asked what was the time frame on this. Vice Mayor Barker answered that whenever the review on liabilities is done. OLD BUSINESS CITY CONTRACT WITH MAIN STREET,INC. )Mayor Perkins called Mr.Bob Trepp to speak on this item but he was no longer present. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 19 OF 29 Vice Mayor Barker briefed the Council on this item;indicated there were bumper stickers available to encourage people to buy in Apache Junction first;and encouraged the Council to approve this agreement. Councilwoman Richmond MOVED THAT THE CITY CONTRACT WITH MAIN STREET,INC.IN THE AMOUNT OF $40,000 BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTRACT FOR CITY ATTORNEY )City Clerk Kathy Connelly briefed the Council on this item and suggested that the Council make two motions;one to have a special executive session on August 9th at 6:00 p.m.with Mr.LaMar Shelley who will be the Council's independent legal counsel and another to postpone this item for a time not to exceed 45 days to allow for the negotiations. Vice Mayor Barker asked if the motion for the executive session could be made at the end of the agenda. Ms.Connelly answered it could be made at the regular time for doing that. Vice Mayor Barker asked if this item is postponed,in the meantime the City Attorney would be paid on a month -to- month basis. Ms.Connelly answered that it still stands from the last Council meeting. Vice Mayor Barker asked if there was no doubt that the City Attorney would be paid over the next 45 days that the Council is waiting. Ms.Connelly answered no. Vice Mayor Barker stated that this month -to -month routine implies that it could be stopped at the end of a month. Ms.Connelly replied that it said it will be on a month -to -month basis. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 20 OF 29 Vice Mayor Barker MOVED THAT THIS ITEM BE POSTPONED FOR A PERIOD NOT TO EXCEED 45 DAYS AND BE BROUGHT BACK AS SOON AS THE CONTRACT IS READY. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Perkins recessed the meeting at 9:35 p.m.She reconvened the meeting at 9:50 p.m. Councilman Perkins pointed out that the agenda read that item 9 was for consideration and possible adoption of Ordinance No.870 for the Citizen Review Board.He asked if the motion that was voted on fits into that criteria and if it is a legal motion considering what was presented and voted on. Mr.Gimbut answered that item 9 dealt with the creation of a Citizen Review Board and the ideal concept that we will have a Citizen Review Board is clearly within the confines of Ordinance No.870 and indeed is part of the title of the ordinance. NEW BUSINESS LIBRARY'S MASTER/SITE USE PLAN )Librarian Director Pam Loui briefed the Council on this item. Mr.Hameed of Capital Improvement Associates,Inc.briefed the Council on the needs assessment study and the masterplan that is being done for the Library. Mr.John Szafran of DPA Architects further gave a presentation of the Library masterplan. Mr.Hameed concluded the presentation of the Library masterplan. Mr.Szafran stated that the model of the Library was being presented in white but when they are into Phase I of the design they will provide color studies that will show the architectural elements and the way the colors will work. Mayor Perkins stated that the building was beautiful. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 21 OF 29 Vice Mayor Barker asked if they will provide places for people to sit outside of the Library. Mr.Szafran answered yes and he explained it in detail. Mayor Perkins asked about the parking area. Mr.Hameed described the area for the parking lot. Mr.Szafran added that they will make accommodations for people to be able to drop off books from their vehicles. Mr.Hameed stated that in Phase I they do not plan to do anything to the parking lot because they would like to spend the money available for the building,but it will be addressed in the next phase. Councilman Hendricks MOVED THAT THE LIBRARY'S MASTER/SITE PLAN BE APPROVED AS PRESENTED. Councilwoman Richmond SECONDED THE MOTION. VOTE:In favor:Vice Mayor Barker,Councilman Coleman,Councilwoman Richmond,Councilman Perkins,Councilman Hendricks,Mayor Perkins. Opposed:Councilman Cox. The motion carried. CITY CONTRACT WITH CHAMBER OF COMMERCE ) )Asst.City Manager George Hoffman briefed the Council on this item. Councilman Coleman MOVED THAT THE CITY CONTRACT WITH THE CHAMBER OF COMMERCE IN THE AMOUNT OF $10,000 BE APPROVED AS PRESENTED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 22 OF 29 HUMAN SERVICES AGREEMENTS FOR FISCAL YEAR 1993-94 )City Clerk Kathy Connelly briefed the Council on this item. Councilman Coleman asked if there is a termination clause in all of these contracts in case the City has some trouble with the budget. Ms.Connelly answered yes,there is a 30 -days notice on the part of either party to terminate the contract.She reminded the Council that under the ordinance these organizations are allowed to request a quarter payment in advance.She suggested that if the Council has concerns that there might be some budgetary problems,to bring the ordinance back and make changes to it so that those quarterly advance payments are not available. Mr.Hoffman replied that the Council did not have to grant their request. Vice Mayor Barker agreed that a request is not a mandate and it does not have to be granted,but also it has to be considered that an organization that receives money in the form of a donation builds its budget around that and to take it away will create problems for those organizations. Councilman Coleman stated that he did not mean to suggest that the Council was going to take that money away. Vice Mayor Barker MOVED THAT THE HUMAN SERVICE PROVIDER CONTRACTS FOR FISCAL YEAR 1993-94 BE APPROVED AS FOLLOWS: ABUSE PREVENTION COUNCIL,INC. APACHE JUNCTION REACH OUT,INC. SALVATION ARMY SMMHC,INC. EAST VALLEY CATHOLIC SOCIAL SERVICE CAHRA,INC. MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 23 OF 29 $5,000 $5,000 $20,000 $22,000 $12,500 $5,000 Councilman Hendricks SECONDED THE BID AWARDS FOR FUEL,SIGN MATERIALS,TIRES, PAVING MATERIALS,SAND AND AGGREGATES, CRACK SEAL MATERIALS,AND WASHED CHIPS ) )Public Works Operations Supt. Doug Dobson briefed the Council on this item. Councilman Hendricks asked if all City vehicles get fueled up. Mr.Dobson answered yes,but Operations charge them back on it including tires that are put on all vehicles including heavy equipment. Vice Mayor Barker MOVED THAT THE BID FOR PW 93-05 FOR FUEL BE AWARDED TO MESA FUEL COMPANY FOR $0.779 (SEVENTY- SEVEN AND NINE TENTHS OF A CENT)FOR #2 DIESEL AND $0.83 FOR UNLEADED GAS WITH THE UNDERSTANDING THAT THE PRICE WILL FLUCTUATE WITH THE MARKET;AND THAT PW 93-06 FOR SIGN MATERIALS BE AWARDED TO 3M FOR VINYL SHEETING IN THE AMOUNT OF $6,155.31;NEWMAN SIGNS,INC.FOR ALUMINUM BLANKS IN THE AMOUNT OF $2,242.00;AND SIGN WORLD,INC.FOR MISCELLANEOUS ITEMS IN THE AMOUNT OF $1,177.48;AND THAT PW 93-07 FOR TIRES BE AWARDED TO CHARLIE CASE TIRE CO.FOR VARIOUS TIRES IN THE AMOUNT OF $1,856.58;JAMES TIRE SALES FOR VARIOUS TIRES IN THE AMOUNT OF $8,964.46;AND JUNCTION TIRE,INC.FOR VARIOUS TIRES IN THE AMOUNT OF $5,180.72;AND THAT PW 93-08 FOR ASPHALT MATERIALS BE AWARDED TO MESA MATERIALS FOR $23.26 PER TON FOR 3/8" AC;$22.67 PER TON FOR 3/4" AC;AND $27.50 PER TON FOR COLD MIX;AND THAT PW 93-09 FOR SAND AND AGGREGATES BE AWARDED TO CASHWAY CONCRETE AND MATERIALS FOR $6.95 PER TON FOR ABC;AND THAT PW 93-11 FOR CRACK SEAL MATERIALS BE AWARDED TO W.R.MEADOWS OF AZ,INC. FOR $0.278 (TWENTY-SEVEN AND EIGHT TENTHS OF A CENT)PER POUND FOR CRACK SEALANT;AND THAT PW 93-13 FOR WASHED CHIPS BE AWARDED TO CASHWAY CONCRETE AND MATERIALS FOR $10.50 PER TON FOR WASHED CHIPS. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 24 OF 29 BID AWARDS FOR PW 93-10,CHIP SEAL OILS, AND PW 93-12,STREET STRIPING )Public Works Operations Supt. Doug Dobson briefed the Council on this item. Vice Mayor Barker asked if he is going to choose either paint or the thermo kind for the 4"stripe since he has listed both throughout the bid. Mr.Dobson answered yes.He explained that the oil -based -paint stripe has to be done twice a year depending on the traffic and the thermo paint is supposed to last about 18 months or more depending on the traffic;if that is really good,then this is the way for us to save money on the striping. Vice Mayor Barker asked how many lineal feet of the 4"stripe will they paint. Mr.Dobson answered that it was about 550,000 lineal feet 4"stripe and this is not counting the stop bars and turn arrows. Vice Mayor Barker asked if there was a maximum amount of money on this. Mr.Dobson answered that the maximum amount of money that they could possibly go was the budgeted figure which is about $80,000. Vice Mayor Barker stated that it was a lot of money for paint. Mr.Dobson explained that when the City acquired Old West Highway and West Apache Trail that added a lot of paint and cost because of the stop bars,the three lines for traffic,and the white line on the outside.He suggested to make it "not to exceed the budgeted amount"and they will make it last to get the most for our money. Vice Mayor Barker MOVED THAT THE BID FOR PW 93-10 FOR CHIP SEAL OILS BE AWARDED TO COPPERSTATE EMULSION IN THE AMOUNT OF $0.71 PER GALLON FOR CRS -2P APPLIED;AND THAT PW 93-12 FOR STREET STRIPING BE AWARDED TO SAFETY ENGINEERING AND SUPPLY COMPANY FOR 4"STRIPE (PAINT)IN THE AMOUNT OF $0.07 PER LINEAL FOOT;4" STRIPE (THERMO)IN THE AMOUNT OF $0.17 PER LINEAL FOOT;SCHOOL CROSSWALKS (PAINT)IN THE AMOUNT OF $0.52 PER LINEAL FOOT;SCHOOL CROSSWALKS (THERMO)IN THE AMOUNT $1.07 PER LINEAL FOOT;ARROWS (PAINT)IN THE AMOUNT OF $27.00 EACH; STOP BARS (PAINT)IN THE AMOUNT OF $0.60 PER LINEAL FOOT;STOP BARS (THERMO) IN THE AMOUNT OF $1.27 PER LINEAL FOOT;TURN LANES (PAINT)IN THE AMOUNT OF REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 25 OF 29 $0.22 PER LINEAL FOOT:AND TURN LANES (THERMO)IN THE AMOUNT OF $0.65 PER LINEAL FOOT,NOT TO EXCEED THE BUDGET LIMITATION. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPOINTMENT OF CITY COUNCIL MEMBERS TO MAIN STREET,INC.BOARD OF DIRECTORS )Asst.City Manager briefed the Council on this item. Vice Mayor Barker stated that she would like to continue working on the board. Councilman Coleman stated that he would also like to continue working on the board.He asked if the two Council members would be the two ex -officio or non -voting members of the board. Mr.Hoffman answered no,the Council members are voting members of the board;the ex -officio members are others. Councilwoman Richmond MOVED THAT VICE MAYOR BARKER AND COUNCILMAN COLEMAN BE APPOINTED TO THE MAIN STREET BOARD OF DIRECTORS. Councilman Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPOINTMENT OF CITY COUNCIL LIAISONS TO CITY BOARDS AND COMMISSIONS,CITY DEPARTMENTS.AND OTHER CITY ORGANIZATIONS ) )City Clerk Kathy Connelly briefed the Council on this item. Vice Mayor Barker noticed that Councilman Coleman was on the Planning and Zoning Commission and yet the Planning Division and Building and Zoning Division were assigned to Councilman Perkins and herself. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 26 OF 29 Mayor Perkins replied that the reason why she appointed Councilman Perkins was because of the Economic Development Commission. Ms.Connelly stated that there has not been a real correlation between those offices;Planning and Zoning is just a small portion of Development Services and there are other divisions within the department. Councilman Coleman stated that likewise last year he was the liaison to the Library Department but someone else was appointed to the Library Board. Ms.Connelly suggested for the motion that the Council could either read all of the appointments made by Mayor Perkins which were on the list or they could just refer to the list that is in the agenda packet. Vice Mayor Barker MOVED THAT THE COUNCIL LIAISON APPOINTMENTS AS MADE BY THE MAYOR BE RATIFIED. Councilwoman Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SUPPORT FOR THE PINAL STATEMENT ON RESTRUCTURING THE CENTRAL ARIZONA PROJECT (CAP)AS SUBMITTED BY PINAL COUNTY GOVERNMENTAL ALLIANCE )City Manager Mike Lee briefed the Council on this item. Councilman Hendricks MOVED THAT WE SUPPORT THE PINAL COUNTY STATEMENT ON RESTRUCTURING THE CENTRAL ARIZONA PROJECT AS SUBMITTED BY THE PINAL COUNTY GOVERNMENTAL ALLIANCE TO THE GOVERNOR'S ADVISORY GROUP ON CAP ISSUES;AND THAT WE COMMUNICATE THAT SUPPORT TO ARIZONA GOVERNOR SYMINGTON. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 27 OF 29 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON TUESDAY,SEPTEMBER 7,1993,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT A SPECIAL EXECUTIVE SESSION REGARDING THE CITY ATTORNEY CONTRACT BE HELD AT 6:00 P.M.ON AUGUST 9,1993,IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Perkins adjourned the meeting at 10:51 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Special Meeting of July 19,1993. 3.Acceptance of the Minutes of the Regular Meeting of July 20,1993. ACCEPTED THIS 7TH DAY OF SEPTEMBER ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 8TH DAY OF SEPTEMBER ,1993. 4111,x,,,v JtAN I"th C/ REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 28 OF 29 INS 1 1 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 3rd day of August,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of August,1993. 7,c) KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 3,1993 PAGE 29 OF 29