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HomeMy WebLinkAbout1993-02-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 2,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 2,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:03 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Cox Staff Present: Others Present: (Councilman Coleman was absent.) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Assistant Planner Rodney Class -Erickson Mancelyn Howard,General Manager for Consolidated Water Utilities,Phoenix Jean Perkins,616 N.Cactus Rd.,Apache Junction William Cam s,629 E.10th Ave.,Apache Junction George Ellington,3064 E.Foothill St.,Apache Junction REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 1 OF 17 Robert Alger,1460 E.Pinto,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eidson MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Clerk Kathy Connelly read a proclamation designating February 8-12, 1993 as "I Love To Read Week." Mr.Robert Alger and the Friends of the Library presented a Valentine to the City Council for their continuous support of the Library.The Valentine was signed by the Library Board,staff,and patrons. Officer Steve Greb gave a presentation on the Drug Abuse Resistance Education (DARE)Program.He stated the DARE program has been in the city since 1988;that the curriculum contains seventeen different lessons on resistance skills up to the 6th grade;that the program has been presented to approximately 17,000 to 18,000 students in 6th grade;that they teach a different curriculum in the Kindergarten through 5th grade.He stated the curriculum for the Junior High School was updated last year and a new set of lessons for the 7th graders will be started in May,which he explained.He stated that grants from the Department of Education are received to continue the program in the schools. Officer Greb stated that a new program is going to be started in March which involves the parents.He explained this program and stated that the basic goals are:1)to help strengthen the basic elements learned in DARE;2) to enhance and help develop the awareness of drug trends in our community;and 3)to assist families to acquire the information and the skills necessary to reduce the risk of substance abuse by their kids.He stated that this program is design to stimulate the interest in the community and to motivate families to take a more active role in the substance of these problems that our kids are going through. Council members commended the Police Department for the DARE program. CALL TO THE PUBLIC Mr.George Ellington,3064 E. Foothill St.,addressed the Council regarding the maintenance of properties in REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 2 OF 17 the city and stated that people next to him have their yard full of weeds; that he has brought this matter to he Council's attention before but nothing has been done about it. Mr.William Cams,629 E.10th Ave., addressed the Council regarding the agenda item on Consolidated Water.He stated that Mrs.Jean Perkins,himself and several others met about this issue and came up with the proposal that the City consider purchasing the back taxes that the company owes which is over $500,000;that if the Council would allot money to purchase the back taxes two things would happen:1)if Consolidated Water bought back their tax notes the City could gain 16% interest;2)if they did not buy the back taxes,the city would gain the water utility for twenty cents on the dollar.He stated that either way the County and the citizens would benefit because the half million dollars would go back into the public coffers and this would offset some of their high property taxes.He further explained this is a "win -win"situation and suggested that the Council consider this option. CITY MANAGER'S REPORT None. PUBLIC HEARINGS ORDINANCE NO.856:ESTABLISHING LOCATIONS FOR STOP SIGNS,WITH EMERGENCY CLAUSE )City Engineer Gordon Grandy briefed the Council stating that the stops signs being proposed are along Foothill Street;that the City intends to pave a section of Foothill between Valley and Ironwood and do the entire section between Ironwood and Idaho Road in probably the next couple of months;but prior to doing that,they want to have the ordinance to place stops signs for traffic control.He explained the threelocations and stated that the reason for controlling the stops at the intersection of Foothill and Valley is because it has become one of the major access routes for the new fire station on Valley Drive. Councilwoman Barker pointed out that if all that won't be done for a couple of months,then the ordinance does not need the emergency clause. Mayor Damiano opened the hearing to the public and there being no one wishing to address the Council,he closed the public hearing. Councilwoman Barker MOVED THAT ORDINANCE NO.856 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 3 OF 17 Vice Mayor Eidson 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;ESTABLISHING LOCATIONS FOR STOP SIGNS IN THE CITY OF APACHE JUNCTION, ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.856,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.93-01:ABANDONMENT OF A FEDERALLY PATENTED EASEMENT;AB -92-02 )City Engineer Gordon Grandy briefed the Council on the item stating this abandonment application was for Roosevelt Street between Conestoga Road and Cortez Road;that because of the applicant being away from town plus the processing by city departments,i t took up to a year to conclude.He stated the Development Coordinating Committee recommended approval of the abandonment contingent upon parcels 56C and 56F dedicating the right-of-way of Cortez and Conestoga in exchange for this abandonment;and that the Transportation Board also voted to approve this abandonment.He further stated the reasons for recommendation of the abandonment. Vice Mayor Eidson asked if the applicant can fence the area with the utility easement in. Mr.Gordon answered yes,but he will have to allow access into the easement for routine maintenance or repairs that the utility might do.He added there will be a gate for a driveway so the gate will provide access to the easement. Mayor Damian()asked what will happen if the company can't get in. Mr.Gordon answered that the company can demolish the fence and they are not obligated to replace it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 4 OF 17 Mayor Damiano opened the hearing to the public;there being no one wishing to speak on this item,he closed the public hearing. Councilwoman Barker MOVED THAT RESOLUTION NO.93-01,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES DESCRIBED AS ROOSEVELT STREET DESCRIBED IN ABANDONMENT CASE AB -92-02,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT- OF-WAY;BE APPROVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS GENERAL PLAN UPDATE TASK FORCE )Councilwoman Alger stated that not enough talent bank applications from city residents have been received for the task force and suggested to form a task force in a different fashion than originally stated;to form a committee that will determine how much citizen input they want to get and whether they want to do it through the Planning and Zoning Commission or Council meetings.She recommended that Councilman Perkins,who has expressed interest,be on the committee and that she would like to get involved too;that she has talked with Chief Flynn of the Fire Department and he agreed to get involved in this process or have someone from his department.She also suggested that applicants Ray Harlan,Bill Laird, and James and Joan Carley be appointed to the committee. Planning Division Manager Jim Nakagawa cautioned that the Carleys are winter visitors only and will not be available during the summer. Councilwoman Alger replied that if the Council at least approves the form,then Mr.Lee could probably take care of filling it in with city residents;that the point is not to delay it any longer but to begin the process. Councilwoman Barker asked Councilwoman Alger if she is suggesting that the Council go ahead with a motion that would allow her,Councilman Perkins,someone from the Fire Department,the Carleys,Mr.Harlan,and Mr.Laird to be appointed to this task force. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 5 OF 17 Councilwoman Alger confirmed that and added that a provision would be that if any of the four private citizens are not able to serve,then they be replaced with others. Councilwoman Barker pointed out that there are only two private citizens on the list;Councilwoman Alger and Councilman Perkins would be Council members and not representing private citizens. Councilwoman Alger replied that there are two city residents and two from outside the city limits. Vice Mayor Eidson stated that one other applicant is an attorney who lives outside the city.He stated it would be a good idea to have an attorney who would volunteer the time. Councilwoman Barker asked if the Council has set a time period for the people on the committee. Councilwoman Alger answered there was no time period and suggested to have a short time period for this task force. Mayor Damiano asked how long these talent bank applications have been asked for. Mr.Nakagawa answered that Planning started advertising in October. Mayor Damiano stated that it seems that the citizens are not interested,except for the people who live in the county area. Councilwoman Barker stated that because of lack of response this will now go back to the original plan,which was to have city staff and the Council to look at this and update the plan. She suggested to do it this way and to welcome public input. Councilwoman Alger replied that a group of people is needed to go through the plan piece by piece and bring recommendations back to the Planning and Zoning and the Council;that she doesn't think that the Council will be able to do it like that;and that a small group with a different type of individuals could go faster through the process because they will probably have more time. Assistant City Manager George Hoffman suggested an alternative to draft a letter on behalf of the Mayor and the Council to the homeowner associations,the Chamber of Commerce or such groups that the Council might designate and explain what the General Plan REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 6 OF 17 process is,why is it important,and send the letter or make a presentation and get somebody appointed who is willing to commit their time.He explained that one of the advantages of a general planning process is to get that diverse input into the process and that the process itself of gathering the community information lets the people know they have been heard and that their will has been incorporated into the General Plan. Mayor Damiano commented that those groups are the homeowner associations but what about the other public. Mr.Hoffman replied that the residents of an area of town such as Palms Springs or Apache Villa are still members of the general public.He explained what he means is that we have offered an open-ended approach and maybe we should target to make it a more directed effort at recruiting. Councilwoman Alger supported Mr.Hoffman's idea. Assistant Planner Rodney Class -Erickson stated that within a week or two there will be about 26,000 surveys going out to the public on the General Plan Update Task Force and that may excite some of the local population to come forward. Councilwoman Alger MOVED THAT WE DO NOT APPOINT ANYONE TO A GENERAL PLAN TASK FORCE AT THIS TIME;THAT WE WAIT UNTIL MARCH 16TH TO SEE WHAT RESULTS GEORGE'S IDEA AND RODNEY'S SURVEY ARE FOR POSSIBLE CITIZENS TO MAN THIS TASK FORCE;THAT ON MARCH 16TH WE EITHER APPOINT IT AS APPROACHED TONIGHT OR WE APPOINT THE CITIZENS WHO HAVE THEN APPLIED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS AWARD OF BID ENG-92-06:TRAFFIC SIGNAL- IZATION AT OLD HIGHWAY 60 AND TOMAHAWK ) )City Engineer Gordon Grandy briefed the Council on this item stating that since November 1991 when improvements at that intersection were finished,there have been over thirty accidents and about thirty six injuries.He stated that bids for a traffic signal have been received;that ADOT will supply all the materials needed if the City would pay for the contractual price of installation;and that the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 7 OF 17 contract cost is only for the labor,to pick up the materials from ADOT and to install them. Vice Mayor Eidson •asked if this is passed tonight,will they start working in the morning. Mr.Grandy answered no,they have to provide certain documents first before they can start doing any work;that February 12th is the anticipated starting day and it will be completed about the end of March. Councilwoman Alger MOVED THAT THE BID FOR PROJECT NO.ENG 92-06:TRAFFIC SIGNALIZATION AT OLD HIGHWAY 60 AND TOMAHAWK,BE AWARDED TO HAN MAR ENERGY,INC.IN THE AMOUNT OF $31,100,00. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PERSONNEL POLICIES:APPEAL PROCEDURES )Assistant City Manger George Hoffman briefed the Council on this item stating that he retrieved information from his files about the appeal processes in other cities.He read this information and stated that there that there are many ways of structuring this and it's a matter of what the Council's values and priorities are. Councilwoman Alger stated that the City of Glendale appeared to be close to something we could structure into our process but they have the city manager instead of the council as the last word;so the Council is removed from that loop but yet they are still close enough to influence the City Manager.She explained that if Mr.Lee has questions for the City Council,he could freely discuss them with the Council because right now he can't talk to the Council about it. Councilwoman Barker stated that basically they are looking for an objective way to handle these personnel problems;something that will guarantee the person who is going through the process the due process and will guarantee neutrality so there is not somebody who will subjectively look at the problem.She favored a process that will not be influenced by the Council or anyone else. Councilwoman Alger agreed with Councilwoman Barker and with having the Personnel Board as an appeal board, and if they need to go to an arbitrator that it be completely neutral. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 8 OF 17 City Attorney Glenn Gimbut suggested that the Council look into the Peoria system where the employee reaches the City Manager so his office is indeed involved in the process;then the appeal may go on to a hearing officer if facts needed to be developed in a structured evidentiary way;and then it goes back to the personnel board for review and the final decision. Vice Mayor Eidson stated that he would not like to see somebody,whether an arbitrator or the members on the board,from somewhere else telling us what we should or should not do in Apache Junction;that if we name an arbitrator from outside the city chances are they will not know the full story.He further explained the convenience of having someone local. Councilwoman Alger stated that the point in neutrality and objectivity is to have someone to listen to the facts, who is absolutely objective because they have not heard one word of gossip; that having somebody from outside the community is probably the only way to achieve total neutrality. Councilwoman Barker agreed with Councilwoman Alger and explained how difficult it is to find the truth after hearing all the gossip. Vice Mayor Eidson insisted he would not like to see people from outside the City;that to him having someone who knows what is going on is fair. Councilwoman Alger stated that a quasi judicial position is what is being looked at,where the person doing the arbitrating is like a judge.She explained how difficult it has been for the Council at times to function as the final judge in a personnel situation because of rumors. Councilman Perkins asked if we could set up our appeal process like Glendale and Peoria where the process would go from the Personnel Board to the City Manager for his review;if he felt that something needed to be modified he could do it,or he could affirm the personnel board's decision;and,if the employee wanted,he could have another hearing and at that point the Personnel Board would make the final decision. Councilman Cox agreed with Councilman Perkins. Councilwoman Alger clarified that if the City Manager is the terminator and the Personnel Board is the arbitrator who makes the final decision,it cannot go back to the City Manager because it is his decision that is being appealed;that even if it goes through the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993. PAGE 9 OF 17 Personnel Board,it has to go to someone else other than the person who terminated the employee. Mr.Gimbut explained that if the City Manager is being substituted for the City Council,he would be getting the same problems that the Council is currently faced with;thus staff would have to keep the City Manager in the "dark"so that his opinion could be unbiased when the facts come to him. City Manager Like Lee stated he has a problem with the Personnel Appeals Board being the final appeal.He pointed out that in Peoria there is no administrative or judicial appeal beyond the Personnel Board and asked if that was enforceable. Mr.Gimbut answered that as long as the process is not "tainted"and it was a fair process,the answer is yes,if it is other than a specific cause of action granted by state statute,like the determination of whether of not a person should be disciplined under our merit system.He explained that the courts are more and more giving rights to employees to have a right to argue about,but they are giving the city the right to determine the form which decides these matters;that is why risk management law firms recommend to design a process that we can control;one where we can tell the judge "this was a fair process",and the only line of attack is one that says "this was an unfair process,it was a sham appeal,and I could not get a fair shake". Mr.Lee replied that based on that he would like the Peoria method. Mr.Hoffman stated that Vice Mayor Eidson's concern and Councilwoman Alger's concern are good points and explained the possibility of having both by incorporating a hearing officer and/or arbitrator and a Personnel Board which one is appointed by the Council and the other one by staff. Councilwoman Alger stated that having the City Manager and the Personnel Board as arbitrator we would have the community input and an objective final judgement. Mr.Hoffman commented on the merit of having the hearing officer gather the data,hear the facts,and then give it to the Personnel Board for the final decision;that in his opinion,the hearing officer probably be an attorney well versed in personnel law who is going to make sure that all the findings of fact are there and their recommendation would be based on relevant facts in the case it goes to court. Councilwoman Barker replied that the hearing officer would then be a collector of information and not the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 10 OF 17 arbitrator,so the appeal would be going from the City Manager to the board of appeals which the hearing officer would gather information for. Mr.Hoffman replied that the appeal could be presented to the hearing officer and if both parties agreed with the outcome then stop it there,rather than making it obligatory to go to the Personnel Board.He added that ideally the point of the process is to be able to work out grievances and if at any step you get that worked out,then why go to the next step,unless there is some legal reason for doing it. Mr.Gimbut replied there is no real legal reason;that in the Peoria system the hearing officer conducts the hearing,makes findings of fact and may make a recommendation,but it automatically goes to the Personnel Board who makes the decision and doesn't necessarily has to follow his recommendations or be bound by his findings of facts. Councilwoman Alger commented that they had many choices already and suggested to find out if there is a general consensus that the Council wants to be removed from this loop,and then ask staff to bring back a couple of workable solutions either way according to their discussion. Councilwoman Barker concurred with Councilwoman Alger. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PERSONNEL APPEALS PROCESS; THAT THE CITY COUNCIL BE REMOVED AS THE FINAL APPEAL BODY;THAT WE SUBSTITUTE THE CURRENT PROCEDURE WITH ONE SIMILAR TO THE PROCEDURE USED BY PEORIA;AND THAT ON MARCH 16TH MR.HOFFMAN BRING BACK A DRAFT NARRATIVE OF THE APPROPRIATE ORDINANCE. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano recessed the meeting at 8:19 p.m.The meeting was reconvened at 8:41 p.m. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS LOCAL TROLLEY SYSTEM )Assistant City Manager briefed the Council on this item stating that a public transportation of some sort might make it more convenient for people in this community to patronize our REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 11 OF 17 local businesses and he explained the possibility of a trolley system as a form of transportation.He mentioned there were in the audience people who have worked on this issue for years and who have an interest in it:Pinal County Supervisor Sandie Smith,Debby Anderson of the Chamber of Commerce,Bob Trepp from Main Street and Steven Broadskey. Councilwoman Barker expressed interest in this concept and asked Mr.Broadskey to brief the Council. Mr.Steve Broadskey,3417 N.28th Street in Phoenix,stated that he is just starting out in this business and expressed interest in bringing his business to Apache Junction. Councilman Perkins asked who would rent the trolleys and how would that be handled. Mr.Hoffman answered that it is completely open.He explained the possibilities of doing it and stated that there was no plan at this juncture. Councilman Perkins stated he was interested in knowing what ideas have come up since 1987. County Supervisor Sandy Smith,3575 N.Prospector,stated that in 1986-1987 trolleys from the Estes Park became available in the winter but the problem was whether there was enough base to support it.She explained the ways monies could come in with the Estes Park proposal and the advantages to the citizens.She stated that she thinks there is a broader base of support now to be able to do it. Mrs.Debby Anderson,850 E.Navajo Ave.,spoke in favor and stated that maybe they will be able to extend this service to the summer. Mayor Damiano commented on the possible routes of the trolley and on the possibility of a small committee with staff people,business people and the police chief to see if there will not be a conflict in traffic and stopping places. Mr.Hoffman stated this is going to take a number of steps like going to the businesses to find out how much interest there is not and get an idea of what it would cost and from there go to more specific levels of detail. Councilwoman Alger stated she talked with a local RV Park owner who expressed interest in having the trolleys and that this person thought that a lot of the parks would be interested in helping to support it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 12 OF 17 Vice Mayor Eidson supported the idea of a one-year trial basis. Councilwoman Barker pointed out some of the environmental advantages in doing this. Mayor Damiano expressed concern about the summer time when winter visitors leave and locals go on vacation. Councilwoman Barker pointed out that some of the companies are looking for winter homes only which would alleviate that for the moment. Mrs.Jean Perkins,616 N.Cactus, spoke in favor. Councilwoman Alger MOVED THAT DIRECTION BE GIVEN TO STAFF TO BEGIN RESEARCH ON THE TROLLEY PROJECT USING THE ASSISTANCE OF THE CHAMBER OF COMMERCE AND THE BUSINESS COMMUNITY,AND ANYTHING ELSE THAT THEY CAN FIND TO HELP THEM GET THE INFORMATION TOGETHER. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSOLIDATED WATER UTILITIES,LTD )City Attorney Glenn Gimbut briefed the Council on this item based on the report from City Manager's office summarizing what the City has found to date on this issue. Councilwoman Barker asked if right now the voters gave the City the authority to be in the utility business,does it mean that the City can go out and buy a utility or become part of it without the vote of the people? Mr.Gimbut answered that if the question is •that if it's legally possible,the answer is yes;but if it's likely to happen,then probably not. Councilwoman Barker replied that Mr. Gimbut said that in order for a franchise to go through the people have to vote on it,so it seems that for the City it would be the same thing.She asked if the ARS does not provide for that absolute necessity. Mr.Gimbut stated that in essence, ARS 9-514 serves a similar function to approving a franchise agreement. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 13tIF 17 Councilwoman Barker commented that this issue was brought up because of the many citizens who are having problems with Consolidated Water but she did not know if those people wanted the City to take over the utility.She stated she would like the intent of the Council to be to research this information rather than going out for the company. Councilwoman Alger stated that she understands that before the City can acquire the water company it first has to be condemned and to do that the City has to have a vote under Title 9;so the City cannot just go and get into the utility business without going back to a vote. Councilwoman Barker clarified that we are not doing this to buy the company but to simply see what we can do to help the people out;that if the voters vote "yes"on this issue at the May election,it does not mean that the City will go and take over the water company. Councilwoman Alger stated that she would like to go back to the citizens and ask for the authority to be in the utility business;because over the years the City has done a lot of research on utilities for this community and we have never had the authority to get into the business and do anything about it;that rather than continue spending money investigating,we need the ability to do something about it if there is something we can do. Vice Mayor Eidson stated that he would not support the spending of money in consultant fees just to find out how much it would cost the consumer if the City owned the water company,until we got the voters approval to move in that direction if it was necessary. Mrs.Jean Perkins,616 N.Cactus, spoke in favor of studying the possibilities of buying the water company.She stated that if it's necessary to condemn it to buy it,then do that and let Arizona Water move in,if it can be done. Mr.Gimbut replied that "almost anything can be done,"however without the authority to be in the utility business the City does not have the power to acquire,condemn,or buy the water company,even if it was given to us,we couldn't take it. Mrs.Mancelyn Howard,General Manager of Consolidated Water Utilities,Phoenix,briefed the Council about the back taxes and stated that they are willing to negotiate a franchise agreement with the City.She further explained the possibility to hook-up with Mesa to improve their water and how expensive that can be. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY -2,1993 PAGE 14 OF 17 ' Mayor Damiano stated that he recalls that Mr.Stewart (owner)wanted the users of Palm Springs or Consolidated Water to pay for the plant. Mrs.Howard explained the surcharge application that was before the Corporation Commission. Mayor Damiano stated that the Corporation Commission has told Consolidated Company that they cannot charge people for something they don't even have yet. Mrs.Howard replied that there is a practice of having the owner put the money up front and then the rate payers pay it back;however,there are situations in small companies where a surcharge is put in place to enable the company to replace a well that has gone down or for work of that type,which she explained.She further described the problems that Consolidated Water is having with a well. Councilwoman Alger asked the city attorney if the franchise election is a possibility in the future. Mr.Gimbut answered that Ms.Howard indicated that Consolidated Water wishes to enter into a franchise agreement and if an election is scheduled,then the answer is yes. Councilwoman Alger asked if a franchise happens,who will have to pay the most,the City or the company. City Clerk Kathy Connelly answered that if there was more than one company involved,it would be fifty-fifty; that if the utility question was on the ballot,the two water companies would pick up two-thirds. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PLACEMENT OF A PROPOSITION FOR UTILITY AUTHORITY PURSUANT TO A.R.S.SECTION 9-514 ON MAY 18,1993 ELECTION BALLOT;THAT AUTHORITY REQUESTED FROM THE VOTERS BE THE RIGHT TO THE WATER AND WASTEWATER UTILITY FOR THIS COMMUNITY. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 15 OF 17 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,FEBRUARY 16,1993 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 9:44 p.m. Consent Agenda Items are as follows: Councilwoman Barker SECONDED THE )Mayor Damiano adjourned the 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of January 19,1993. ACCEPTED THIS 16TH DAY OF FEBRUARY ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. ,1993.SIGNED AND ATTESTED TO THIS 17TH DAY OF FEBRUARY ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 16 OF 17 THOMAS DAMIANO Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 2nd day of February,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of February,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,1993 PAGE 17 OF 17