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HomeMy WebLinkAbout1992-12-01 City Council Special MinutesCITY COUNCIL SPECIAL MEETING DECEMBER 1,1992 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on December 1,1992 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 6:02 p.m. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilwoman Alger Councilman Cox Staff Present: (Councilmen Coleman and Perkins were absent) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut 'Assistant City Manager George Hoffman Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Parks & Rec.Director Jeff Bell Finance Director Keith Lewis Police Officer Steve Greb PROPOSED ALTERNATIVE LOCAL EXPENDITURE LIMITATION (HOME RULE OPTION)FOR THE CITY OF APACHE JUNCTION )City Manager Mike Lee announced that Mr.Hoffman was trying to contact Councilman Perkins,who was not present yet,about his attendance. The required vote on this item was six members,so the Council decided to recess the meeting until they heard about Councilman Perkins'attendance. THE MEETING. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 1 OF 7 Councilwoman Alger MOVED TO RECESS Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano reconvened the meeting at 6:10 p.m.(Since a 2/3 vote was required,five council members were sufficient.) City Manager Mike Lee informed the Council and the public that in the summer of 1980 the Arizona State Legislature referred to the voters of the State a constitutional amendment designed to limit the annual expenditures of all Arizona cities and towns;the amendment included a fixed formula for all cities and town;the formula was based on the cities'1979-80 budgets as a starting point for adjustments for growth and inflation;and the constitutional amendment passed. Mr.Lee stated that included in the constitutional amendment were alternatives to the spending limitation formula; these alternatives were provided to give Arizona cities and towns needed flexibility and locally design how best to handle their unique needs under the new law;one of these alternatives is known as the "Home Rule Option"and the voters of Apache Junction approved it in 1985 and again in 1989. Mr.Lee stated the title "Home Rule Option"should not be confused with the term "Home Rule Cities"which refers to a legal status that provides some cities with much broader powers than we have;all cities have the "Home Rule Option"as an alternative to the State local expenditure control formula;it must be approved by the local voters and it would allow normal budgeting procedures for the next four years. Mr.Lee stated there are other three options also available:(1)Permanent Base Adjustment,(2)Capital Projects • Accumulation Fund,and (3)One -Time Override,and all of these options require approval by the voters.He explained that the One -Time Override would be effective for one year only and has no effect on the expenditure limitation base;the Capital Projects Accumulation Fund is most appropriate for communities where the expenditure limit is sufficient except in the area of capital outline and this situation does not appear to affect our community's needs;the Permanent Base Adjustment would appear to be a potential permanent solution but in fact would only be 'a partial solution because the adjustment is for only narrowly defined specific purposes and when those purposes are met the adjustment is removed. Mr.Lee stated it is possible to have more than one option in the ballot with the alternative receiving the most votes being selected,but it appears that multiple choices may be confusing to people which could affect the outcome on the vote,so the City Council has chosen in the past to present to the voters only the "Home Rule Option".He stated there are several factors that make this expenditure SPECIAL MEETING:OF THE CITY COUNCIL DECEMBER1,1992 PAGE1 OF '7 limitation issue extremely important to the welfare of Apache Junction residents which Mr.Hoffman would discuss. Assistant City Manager George Hoffman informed that in 1989 city voters the opportunity to vote on whether they wanted to accept the State -imposed limits on City expenditures or whether they wanted to establish their own limits and they voted to establish the latter;by doing so,they indicated they wanted a different level of service than the State -imposed limits would have allowed.He then gave a brief overview of the service levels that their vote made possible,as follows. Mr.Hoffman stated that in 1989 the City presented budget expenditure estimates to voters and told them that the City would work to stay below those estimates for each of the four years following that vote,which it did;that voters were told that if they approved Home Rule,they would be provided with library services which he listed;also that they and their children would be provided with police services some of which he mentioned including a forthcoming police department program that will focus on gang awareness and conflict resolution that will be taught at the junior high school. Mr.Hoffman also listed some of the parks and recreation services that have been provided and added that by approving Home Rule,voters also made it possible for the City to coordinate or participate in other local community activities and events some of which he listed.He mentioned that in cooperation with the Apache Junction Schools District,the City helped develop a two -field Little League Baseball complex at Superstition Mountain Elementary School;that Prospector Park was improved with a sign installation,ramada construction and athletic facility enhancements;that in cooperation with community volunteers landscape improvements were made to Veterans Memorial Park. Mr.Hoffman stated that in providing a summary of what voter approval of Home Rule in 1989 means in terms of services,it is easy to get lost in facts and figures;what is difficult to convey and what we must not lose sight of is the impact that the vote had on human lives which he explained. Mr.Hoffman stated he has been asked if approval of the Home Rule renewal means the City can exceed its budget to spend .more than it has and that the answer was "no";the Home Rule Option has nothing to do with maintaining the City already balanced budget;State law requires that we balance our budget so we have no choice but to balance it; and that the State -imposed limit will simply prevent the City from providing services such as the ones he mentioned tonight,even though we have the revenue to do so. Mr.Hoffman stated that the conservative estimate is that the Home Rule renewal makes the difference of SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 3 OF 7 five million dollars and it is up to the voters whether or not those monies can be utilized for services.He stated that four years from now or sooner someone may be giving a report like this one to the City Council;whether their report is one of cutbacks and services limitations or whether it is one like the one he gave tonight is the decision of the voters this upcoming March. Vice Mayor Eidson asked how it would affect our next year's budget if the voters turned down the Home Rule Option. Mr.Hoffman answered that he believed that the impact next year could be of up to $1.8 million dollars;the difference in estimates could depend on the extent to which we reduce our contingency of fund used for emergency expenditures;if we cut that to bare bone --hope nothing bad happens in the community that would require emergency funding --it could be as low as $1.2 million dollars,if we took a more conservative fiscal approach and said we need to have some money in the event that emergencies arise or for carry-over funds --as we all know,our summer funds are very low and we need to keep monies to carry us over until revenues come back up --for those two reasons the amount could be higher in contingency fund. Vice Mayor Eidson replied that we would have to govern our budget or our budget would have to govern the effect of the Home Rule as far as coming down...For instance,we have an eleven million dollars budget,the State formula says we can only spend nine millions,we would have to bring our budget down to meet that nine million. Mr.Hoffman answered that the Vice Mayor was right,and exactly how much you bring it down would depend in part on how much you reduce your contingency. City Attorney Glenn Gimbut replied that he thought that cut of 1.8 million isn't from the total budget but rather from our operations budget,so it becomes a little even more drastic in impact. Mr.Hoffman replied that the City Attorney was correct. Mr.Lee pointed out that the general fund would have to be reduced approximately 30% or one third and there is no way to do that without eliminating and reducing some services. Mayor Damiano asked if anyone in the audience wished to speak on this item;there being no one wishing to speak,he closed the hearing to the public. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 4 OF 7 Home Rule Option did not pass in 1981. the City do to finance its projects then. The Council mentioned the time when Councilwoman Alger asked what did City Clerk Kathleen Connelly answered the City went back to the voters at a second election with something similar to the capital expenditure override where there were some specific projects in the ballot that were approved,but the City at that early point in time had a large accumulation of money in the bank because the service demand was not exceeding the revenues and things have changed considerably since then. Councilwoman Alger added that because of the early formation of the City there was not a crunch like there would be now. Vice Mayor Eidson asked Mr.Richard Dyer of the Apache Junction Independent to help the City get the message out to the people about what this really is.He said,"I know we've got some negative citizens that are going to be against anything anybody wants to do; they are going to be there,but to have a couple of million dollars in the bank and can't spend it and have to cut our police department and cut the parks and recreation,cut the Library,cut things like these away from the people...they just need to realize what they're doing,what effect this is going to have.And again,I know that those negative people...are going to come up with every kind of saying that you can say...Are we going to raise taxes? Are we going to do this,are we going to do that,are we going to do anything we want to do?It doesn't have that effect at all,it simply says that we either have money we can't spend or we keep up the current level of services to the community.I hope our negative segment of the community don't get out and go door to door...and try to talk these citizens that support the city,support the police department,support the parks and recreation,support the Library and these other things that we have.I hope they don't talk them into trying to vote this thing down.It's very,very important at this time especially." Councilwoman Barker stated that the bottom line is that we are the ones,citizens of Apache Junction,who pay the sales tax that comes back to the City and it is our own money that we want spent on the services for ourselves,our children and friends in the city,and that's really what Home Rule is all about,saying "the money that I just put in the cash register as sales tax is going to come back in services for me and for others". Mr.Hoffman stated that according to the 1980-81 budget,referring to fiscal year 1979-80,there is no listing for Library;there were no monies expended for library services;and for parks and SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 5 OF 7 recreation there was only $17,013.00 expended;so,services did not exist to cut back.He stated that of the 86 communities that are eligible for Home Rule,per capita amount of money allowed in the base year for Apache Junction makes us rate number 80;a little over $166.00 per person was the per capita amount at that time;that Pinal County had a per capita average of like $225.00 and for cities our size the amount was over $300.00 and this is to give a sense of the level of expenditures this community is allowed by that formula. RESOLUTION NO.92-32:PROPOSING AN EXTENSION OF THE ALTERNATIVE LOCAL EXPENDITURE LIMITATION FOR THE CITY OF APACHE JUNCTION )Councilwoman Alger MOVED THAT RESOLUTION NO.92-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROPOSING AN EXTENSION OF THE ALTERNATIVE LOCAL EXPENDITURE LIMITATION FOR THE CITY OF APACHE JUNCTION,BE APPROVED AND ADOPTED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Damiano adjourned the meeting at 6:33 p.m.and announced the Council would reconvene for the regular meeting at 7 o'clock. ACCEPTED THIS 15TH DAY OF DECEMBER ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16THDAY OF DECEMBER ,1992. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 6 OF 7 ConAiev.ol THOMAS DAMIANO Mayor ATTEST: CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of December,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December,1992. 2/40,t3az,3 KATHLEEN CONNELLY 6rCity Clerk SPECIAL MEETING OF.THE CITY COUNCIL DECEMBER 1,1992 PAGE 7 OF 7 CITY COUNCIL REGULAR MEETING DECEMBER 1,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 1,1992 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 7:00 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Perkins led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present:City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Works Rich Broman City Engineer Gordon Grandy Interim Dir.of Development Serv./ Planning Division Manager Jim Nakagawa Parks & Recreation Dir.Jeff Bell Library Director Pam Loui Finance Director Keith Lewis Police Officer Steve Greb ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 1992' PAGE 1 AN 22 THAT THE CITY MANAGER BE AUTHORIZED TO SUBMIT AN APPLICATION FOR A LIBRARY SERVICES AND CONSTRUCTION ACT GRANT UNDER TITLE I I GRANT. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano presented certificates of service and pins to city employees as follows.10 years:Sharon Holton,Margaret Samuelson,Brian Duncan,and Keith Lewis.5 years:Teresa Rodgers,Dennis Stevens,Larry Hardin,and George Hoffman. Mr.Bruce Eaglesham of the Chamber of Commerce and representing the Apache Trail Attractions Committee,presented a check to D.A.R.E.in the amount of $2,500.00 and he acknowledged the participation of the fund raiser committee members that made that possible. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee reported that the Idaho project was near completion and announced that A.D.O.T.would extend Idaho up to Superstition Boulevard if the City would prepare the base for pavement which has been completed and is scheduled to be paved tomorrow. Mr.Lee reported the City is working with the Chamber of Commerce on planning the Lost Dutchman Days celebrations;that the banners welcoming the winter visitors will be relocated in the medians and lower to the ground at an angle;that the City received today two applications for the General Plan Review Committee and explained that the problem why we have not received more is perhaps because of the holiday season and he invited people from the audience who might be interested to submit an application. PUBLIC HEARINGS ORDINANCE NO.849:AMENDING CITY CODE CHAPTER 1 GENERAL,SEC.1-11-2 PETITION FILING DEADLINE )City Clerk Kathleen Connelly stated that a recent court decision involving the City of Flagstaff has created a conflict in our City Code regarding the deadline required for the filing of initiative petitions;that even though it is a very small REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 2 OF 22 difference,it is the recommendation of the League of Cities that we correct it so that we are in compliance;that our code currently says is four months and the court decision says 120 days;while there are instances when they may be the same there are also instances when they would be slightly different. Councilwoman Barker MOVED THAT ORDINANCE NO.849 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. the motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 1 GENERAL,ARTICLE 1-11 INITIATIVE PETITIONS,SECTION 1-11-2 PETITION FILING DEADLINE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.849,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.851:SPEED LIMITS FOR MIS- CELLANEOUS STREETS (WITH THE EMERGENCY CLAUSE) )City Engineer Gordon Grandy stated this is to basically include a lot of the annexed areas on our major arterial streets to establish new street limits;that Apache Trail and US 60 are also included because of the transfer of jurisdiction from the State to the City.He explained how the speed limit studies are done and how Engineering determines what the reasonable speed is from those numbers;that they also look at some accident history,the physical features of the road and some other issues such as speed continuity which means the speed on the rest of the route either in advance or ahead of or behind the particular segment they are looking at,and along with that goes some engineering judgement.He showed the Council the area with both existing and proposed speed limits. Councilwoman Barker asked if the school zone on Broadway Avenue has a crosswalk guard during school hours. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 3 OF 22 Mr.Grandy answered he was not sure but it is posted for the 15 -mile -an -hour speed limit with all of the appropriate signage. Councilwoman Barker stated it is an elementary school and they are bound to have a guard there;that is her only concern. Vice Mayor Eidson asked why on Apache Trail or US 60 are we going to have two different speeds. Mr.Grandy answered that one of the reasons is that outside the city the posted speed limit is different coming in and with the lack of development on the north side,even the large K Mart shopping center and the dog track on the south side,people are still doing a relatively high speed;but development,the driveways,the side streets and other influencing factors slow cars down because of the congestion,so the speed decreases where more development occurs;likewise,going out of town the speeds pick up where there is relatively no development. Vice Mayor Eidson was concerned over having two different speeds on the same route.He stated it would be easier on the public to have one speed from the intersection of Highway 88 or Idaho Road back to the county line. Mr.Grandy replied people driving should pay attention to the change in speed limits.He stated he is suggesting 45 miles -an -hour for the first half -mile coming into town and then 40 MPH through that area because that is what the people are driving on. Councilwoman Alger disagreed with raising the speed limits in certain areas and stated we should not raise the speed limit just because that is what people are driving;if they are driving too fast in the area then we need to give them speeding tickets and slow them down. Mr.Grandy mentioned the case of the school zone for the high school on Ironwood when they dropped the speed limit to what they thought was reasonable,but by the number of tickets and some of the complaints from the people that they got confused by reading 35 MPH and then 25 MPH,they changed it.He stated people don't slow down and they will drive what they feel comfortable driving,not what the sign says. Councilwoman Alger asked why do we bother to change the sign in a residential area when it should be 25 MPH;why do we say it's okay to do 35 MPH? REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 4 OF 22 Mr.Grandy answered because of the same reasons that we have people calling complaining about speeders;when it is 25 MPH and they are driving at 35 MPH,so yes,they are speeding. Councilwoman Alger asked if people are calling to complain because nobody is stopping them from driving that fast or do they want people to drive that fast?She asked if they are not going to call and complain when you tell them it's okay to go 35 MPH and put the signs up or are they going to complain because we are letting them go to fast on the street?She stated she did not agree with changing some of the speed limits. Mr.Grandy stated that the next best thing is to have law enforcement out there to enforce all of the speed limits. Councilwoman Alger replied if we have major problems in those areas she was sure the police department would do something to assist us and slow some of these people down.She asked why the 40 miles an hour on a dirt road. Mr.Grandy answered because there is nothing out there and there is really no reason why people would not drive 40 miles an hour on that road. Councilwoman Alger replied she did not agree with Mr.Grandy's reasoning of just because they are driving it to go ahead and let the door open. only reason to allow them to drive that. Mr.Grandy replied that isn't the Councilwoman Alger asked Mr.Grandy to give a justifiable reason on the residential area. Avenue it is vacant to the south. a lot of kids living on the north. old people there. Mr.Grandy answered that on 16th Councilwoman Alger stated there are Mayor Damiano replied there is only Mr.Grandy stated he would venture to say there are kids who live somewhere around Ironwood,Idaho,Tomahawk roads at 35 miles an hour,but that is not the only justification. Councilwoman Alger stated those streets are wider;16th Avenue is not very wide and there is a stop sign there that shouldn't be.She stated she does not hear anything that says there is a REGULAR MEETING;OF THE CITY COUNCIL DECEMBER 1, ,1992 PAGE, 5,OF 22 good reason to raise the speed limit other than just because people are driving that fast.She commented that a lot of people are speeding and asked if that means it's okay to go fast. City Manager Mike Lee stated that Mr.Grandy's approach is a standard approach;this is normal procedure for traffic engineering to establish speed limits because there is a reasonableman principle involved and reports determine what is reasonable.He explained that if somebody contests a speeding ticket,he is not necessarily going to be found guilty because he wasn't going at a particular speed that was posted but what is reasonable and prudent under the conditions;that statistics and studies show that in average most people are driving what is reasonable and prudent for the conditions,so there is a scientific approach to determine what is reasonable and prudent speed limits,and there are other engineering considerations or factors that are taken into account. City Attorney Glenn Gimbut stated that the purpose of traffic studies is to determine what is the average natural flow of traffic on the road where people are travelling and there are no accidents or other known safety hazards;what you are trying to do is set a speed limit that fits the natural traffic flow that occurs;when he travels on the freeway,for example,he will get to drive as fast as the other cars around him to make sure he is not going too fast or too slow,so he tries to pace himself with the other automobiles.He stated that is their goal by having a traffic count of the number of cars that are travelling and what are they doing;it is trying to meet the natural flow of traffic. Councilwoman Alger asked if the studies were done on the dates indicated there. Mr.Grandy answered that is right and the 85 percent indicated means they either travel that speed or below it, so it is not the average or 50 percent but 85 percent of the people that travel at or below that speed,so he has taken the standard practice that 85 percent of the people travel at that speed. Councilwoman Alger indicated that traffic counts on the Apache Trail and US 60 were done in January and the other areas were done other times of the year. Mr.Grandy stated they basically tried to pin the winter visitor season in almost all of them. Councilwoman Alger insisted she did not see justification for raising all those speed limits.She stated we don't need six different speed limits from Meridian to Goldfield on Apache Trail and US 60;that is confusing. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 613F 22 Councilwoman Barker stated that this could be construed as a speed trap with the 45 MPH then to 40 MPH then going back up;that a lot of people may get caught on this and we already have a slight reputation in the State;that she would rather see us alleviate that problem by just having a steady speed limit from Meridian to at least Idaho where most of the traffic picks up. Mr.Grandy stated another criteria is that speed limits cannot be decreased or increased more than ten miles per zone at any one time. Mayor Damiano suggested to have on Apache Trail/US 60 40 miles an hour all the way through Royal Palm Road and then continue with 50 MPH from there on.About 16th Avenue between Delaware and Ironwood,he mentioned that many elderly people who live in Apache Villa have called him complaining about speeders going through there;that it is 25 MPH now and Mr.Grandy is proposing 35 MPH and the street is not fully paved;he suggested to leave it at 25 MPH until the street if paved thoroughly. Mr.Grandy stated that one of the features on 16th Avenue is that people in Apache Villa and the residents there don't have a safe refuge to walk,so they have been walking out on the street and one of the safety hazards is the number of cars and the speed;that the City is going to put sidewalks on the north side of 16th Avenue in the near future. Mayor Damiano replied that does not have anything to do with the speed limits;if the speed is posted at 35 MPH drivers are going to travel at 45 MPH;so keep it at 25 MPH until 16th Avenue is fully developed. Mr.Harold Brumbaugh,2935 E.18th Avenue,suggested the 35 -mile -an -hour speed limit within the city limits which is what most cities have and on US 60 the speed should be slowed down to 40 MPH. Mayor Damiano asked if anyone else wished to speak on this item;there being none else,he closed the public hearing. Councilwoman Alger suggested for Apache Trail a continuous speed limit of 40 MPH from Meridian to Goldfield roads and mentioned there is going to be a traffic light at Tomahawk anyway. Councilman Perkins stated he had a problem with slowing the speed limits down in undeveloped areas which is wide, open spaces,because it causes traffic congestion;also,slowing the speed in the thoroughfare causes everybody to back up causing a problem.He stated if REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 7 OF 22 they don't base their decision on studies and sound advice from an engineer whose job is to do this,they are going to end up making more of a problem at the end.He suggested to follow Mr.Grandy's suggestion and if it doesn't work then change it. Councilman Coleman agreed with Councilman Perkins. Councilwoman Alger asked what is the speed limit at US 60 and Tomahawk. Mr.Grandy answered it was 55 miles an hour. Mayor Damiano replied since there has been construction there it has been lowered. Councilwoman Alger replied it was lowered before then. Public Works Director Rich Broman replied that the speed limit posted today is 45 MPH but officially it is 55 MPH per A.D.O.T. Mayor Damiano stated that because Tomahawk is one of the detours for Idaho Road the speed limit there was dropped to 45 MPH,but because of more intensive construction work there it was dropped to 25 MPH. Vice Mayor Eidson suggested for Apache Trail 45 MPH from Meridian to Palm Springs and 55 MPH from there to Goldfield. Mayor Damiano mentioned that the speed limit from Goldfield to the freeway is 35 MPH.He asked if it would not be illegal to have on US 60 55 MPH then 35 MPH. Mr.Grandy answered A.D.O.T.did that when it was a State route and he did not know why. Vice Mayor Eidson asked if that section with the 35 MPH is within the city limits. Mr.Grandy answered no,it is not. Vice Mayor Edison MOVED THAT ORDINANCE NO.851 BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 8 OF 22 Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA; ESTABLISHING THE SPEED LIMIT ON PRINCIPAL ARTERIAL,MINOR ARTERIAL AND COLLECTOR STREETS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY." Vice Mayor Eidson MOVED THAT ORDINANCE NO.851,AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:SPEED LIMIT ON HIGHWAY 60 FROM MERIDIAN TO PALM SPRINGS BE SET AT 45 MILES AN HOUR;FROM PALM SPRINGS EAST TO STAY AS IT IS AT 55 MILES AN HOUR;AND THAT 16TH AVENUE FROM IRONWOOD TO DELAWARE BE LEFT AT THE CURRENT 25 MILES AN HOUR. Councilwoman Barker SECONDED THE MOTION. VOTE:In favor:Councilman Perkins,Councilwoman Barker,Vice Mayor Eidson, Councilman Cox,Councilman Coleman,Mayor Damiano. Opposed:Councilwoman Alger. The motion carried. Mr.Grandy offered that the Engineering Department will conduct another study following these changes and bring back the results to the Council for information. ORDINANCE NO.852:AMENDING CITY CODE CHAPTER 3 ADMINISTRATION,ARTICLE 3-7 CONTRACT PROCEDURES BY AMENDING SEC- TION 3-7-5 PROFESSIONAL SERVICES IN GENERAL AND DELETING 3-7-7,CONTRACT PROCEDURES FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES )City Attorney Glenn Gimbut stated that at present time there are two different sections of the City Code that deal with the acquisition of professional services;one is Section 3-7-5 and the other is 3-7-7.He explained that presently most of the contracts that the City enters into have set a dollar sum of $10,000 as to when the Council gets involved in making the decision on the contract;that when changes in the City Code were made to accomplish that goal for some reason Section 3-7-5 was left unchanged with the amount at $5,000,so it needs to be changed to conform with the $10,000 dollars.He stated that Section 3-7-7 which deals with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE '9 OF 22 architectural and engineering services at present time is different than the procedures in Title 34 of Arizona Revised Statutes for public works.He explained that 99.9 percent of the time whenever we are asking for an architect or an engineer we are dealing with a public works project and would be governed by Title 34;that currently in order to not conflict with State law we have to make sure we meet our own ordinance and also State law;he suggested to delete Section 3-7-7 and have only the State law to follow in this procedures. Councilwoman Barker pointed out that in Section 3-7-5 of the proposed ordinance someservices are excluded from Council consideration.She read "such services shall include,but not limited to:medical,legal,architectural,surveying,financial,engineering and general management services."She stated she is uncomfortable -with the idea that any of these services can just simply be procured without any Council input,unless these are projects that the Council :has previously approved. She explained how some of the projects are in the budget when the Council approves the budget such as medical things and that would allow staff to go out for contracting.She stated she would feel more comfortable if that specification was within this ordinance. Mr.Gimbut replied that to his knowledge our present practice has been for management to not hire these services unless the project has been passed by the Council. Councilwoman Barker replied she would like to make sure it is within the intent and it's written in black and white,so that the Council or any other Council in the future does not ever get faced with the fact that this has been done without Council approval of the project. Councilwoman Barker suggested that at the end of section "A" where the services are listed to add "for Council approved projects and services." Mr.Gimbut stated that Ms.Connelly was suggesting to add the following sentence which would go between the first and second sentence of section "A":"professional services permitted by the this section shall be limited to those approved by the City Council." Councilwoman Barker asked if that covers the intent that projects not be brought to the Council on a constant basis but that the project itself has been already approved. Mr.Gimbut answered yes,because section "C"says that the specific contract for professional services would not be brought to Council unless it is actually in the sum in excess of $10,000 dollars. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 10 OF 22 Councilwoman Alger suggested to replace in that sentence after the word "those"the word "projects"so that it reads "...projects approved by the City Council." Mayor Damiano asked if there was anyone in the audience wishing to speak;there being no one,he closed the public hearing. Councilwoman Barker MOVED THAT ORDINANCE NO.852 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 3 ADMINISTRATION,ARTICLE 3-7 CONTRACT PROCEDURE,SECTION 3-7-5 PROFESSIONAL SERVICES (IN GENERAL),AND DELETING 3-7-7 CONTRACT PROCEDURES FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.852,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE AMENDMENT TO BE READ BY THE CITY ATTORNEY. Mr.Gimbut stated that THE AMENDMENT IS TO INSERT BETWEEN THE FIRST AND SECOND SENTENCE IN SECTION 3-7-5 "A" THE FOLLOWING SENTENCE:PROFESSIONAL SERVICES PERMITTED BY THIS SECTION SHALL BE LIMITED TO THOSE PROJECTS APPROVED BY THE CITY COUNCIL. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano called the meeting to a recess at 8:02 p.m.The meeting reconvened at 8:15 p.m. OLD BUSINESS AWARD:OF BID,PROJECT ENG'92-05,OFFSITE REGULAR MEETING OF THE.CITY COUNCIL DECEMBER 1, .1992 PAGE 11 OF 22 IMPROVEMENTS FOR IRONWOOD CROSSING SHOPPING CENTER )City Engineer Gordon Grandy stated this item was postponed on November 17th for the purpose of trying to obtain some documentation from the developer for additional right-of-way on Ironwood Drive and the possibility of getting some developer impact fees paid as a contribution or a matching percentage for this project;that none of those items have been transacted yet,however there is good commitment on behalf of the property owners and the developer that those items such as the right-of-way and the deposit at least will be paid in the very near future. He briefed the Council on this project.He stated that we have been promised that the right-of-way and the developer impact fees will be forthcoming and that he was confident that it will be.He added that just because as of tonight we haven't received such,he would like to gamble and take advantage of these bids and proceed with the project in the anticipation that by the time is completed about the end of January,that would be sufficient time for Megafoods or some type of shopping center to actually start occurring in that corner. Councilwoman Barker asked Mr.Grandy if that is not the case,what is his alternative plan. Mr.Grandy answered the alternative plan at the worse would be that we have to pay back the State grant which would be ninety percent of the $73,000 dollars. Councilwoman Barker asked Mr.Grandy where does he proposes getting the money to do that.She added we needed to have an alternative plan that has a little bit of solidity,just in case. Mr.Grandy replied that even if that was the worse case scenario,these improvements are needed and even though it might cost the City some money,at least we will have the improvements done for the next possible development there,but he did not know where the money would come from. City Manager Mike Lee suggested to take that money from the Highway 60 improvements fund. Mr.Grandy replied it can only be for the portion that would front Apache Trail. Councilman Perkins asked if this does not happen in two years,do we have to pay it back in two years. Mr.Grandy answered he did not know that,the State has not indicated if they would make us pay back nor they have indicated when;the worse case scenario would be that we would have to pay it back. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 12 OF 22 Vice Mayor Eidson asked if this was passed this evening,how long would it be before work would start there. Mr.Grandy answered it would start approximately in two weeks. Vice Mayor asked if we will have that money right away in hand two weeks from now. Mr.Grandy answered he thinks so. •Vice Mayor Eidson asked if the Council can pass this contingent on that happening. Mr.Grandy answered no,because we actually have two obligations here;the obligation that we are dealing with the developer on the whole project and the obligation to the bidders that submitted the bids which are only good for a certain period of time and that is kind of a contractual arrangement that we have with those bidders;that we can't expect them to prolong these prices for three or four or five months down the road;we can't make the award contingent to a contractor who has no control over these issues of when the right-of-way or the impact fees might be given to the City.He added that the best he can inform the Council on that is these bids are good until December 12th and after that,if we don't receive anything,we have to reject all the bids and start over again and now that these bidders know what the others are going to bid,if we postpone it until next year,he would predict that we will be paying more. Vice Mayor Eidson stated it seems to him that if they were very serious about the project they would have taken care of these two minor points as far as the project this size is concerned. He asked Mr.Grandy if he has heard word from somebody of authority that this is going to take place. Mr.Grandy answered that his word is from two local real estate agents.One is Frank Talbott who is working with one of the property owners to get the right-of-way on Ironwood Drive;that on that particular property there is a joint ownership and Mr.Talbott has the signature from one of the owners and as of today he cannot locate the second owner.The other is Bob Lake who is dealing with the second piece of property on Ironwood and the owners happen to live on Australia;that Mr.Lake is having to fax to them all of the information to get a fax of acceptance back from them but today was not received,but Mr.Grandy was told to rest assured that Megafoods will happen in Apache Junction. Vice Mayor Edison had a concern with one of the owners that if she can take advantage in any way,in his opinion, she is going to;that he thought she is one of those two signatures needed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 13 OF 22 Mr.Grandy replied that in that particular instance we could not do the sidewalk on Ironwood;that is the only part of the improvements that needs the additional right-of-way;that we could physically construct the curb and widen the road without that right-of-way. Vice Mayor asked if we could start on Highway 60 first without locking in on Ironwood someway until that is there;that we have to do that anyway. Mr.Grandy answered we can perform the work on Apache Trail and on Gold Drive because that is within the existing right-of-way,then divert the construction activity on Ironwood until later. Councilwoman Alger asked that is all the right-of-way we don't have,then why are not the developer's fees already paid. Mr.Grandy answered he can't testify unto the financial situation of the developer. Mr.Lee replied the developer has indicated he has the money but he is not willing to commit money himself until the final financing is in place with the final commitments in place;that at one time he was negotiating with banks but knowing how difficult is to get financing from banks,now he is working directly with Megafoods and they are about to reach an agreement. Councilwoman Alger stated we don't even have a developer that has a financing package,we don't have any agreements,so we have zero. commitments. nothing in writing. binding commitment yet. Mr.Grandy replied that we have Councilwoman Barker replied we have Mr.Lee stated we have no legal Councilwoman Barker stated she has supported this project since the idea was suggested but she cannot vote to do something that is dependent on something that is right now only "word of mouth";that she wants these improvements to be done but she can't obligate the City to any amount of money without a little more than a "smile". Vice Mayor Eidson asked if are we not looking at doing the improvements on Apache Trail anyway. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 14 OF 22 Mr.Grandy answered that the curb and sidewalk is going to be done under the federal aid project. Councilwoman Barker replied she does not have a problem with the federal aid project. Mr.Grandy stated that the other segment is being left out of the federal aid project because they saw it was going to be done under another program. Councilwoman Alger asked if we can accept the bid contingent on the developer's deposit being received prior to December 12th and if it's not received then we don't proceed;that gives them another eleven days to get the money in and the contract is approved if that money comes in. Mr.Grandy answered he would suggest that they delay any action and call for a special meeting. City Clerk Kathy Connelly stated another possibility would be to accept the bid and award it effective on or before December 12th provided that the developer's fee is received. Vice Mayor Eidson stated that the offsite improvements on Apache Trail that are under the federal aid program we are going to have to do at our own expense one way or the other,why can't we let the contractor go ahead and do that and wait on the other until everything is strengthened out. Mr.Grandy replied that is another alternative;to award tonight the project and then we could also issue a change order to delete all of the work on Ironwood Drive or issue a change order to delete just the sidewalk on Ironwood. Councilwoman Alger asked if this piece can be added back into the rest of the mainstreet project if this development doesn't go through. Mr.Grandy answered there is away to do it but he did not know how many steps back he is going to have to go to do that. Councilwoman Alger explained that one of the problems she has in awarding the bid without the developer is because in the past we have told the developers that they must put in their offsite improvements and we have allowed them extensions and then we tell them their extensions are up and they have to get them in;now we are going to go ahead and do the curb,gutter and sidewalk and everything without even a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 15 OF 22 developer;and we are putting the money into it and we really shouldn't be doing that when there is a grant involved. Mr.Grandy stated that maybe because most of the Council don't meet with the developer or the representatives day to day like the City Manager or himself they may feel that way,but he feels a little more confident. Councilwoman Alger replied that if he is that confident why can't they make the contract effective like Ms. Connelly suggested,when the developer's money comes in. Mr.Grandy replied because the way we are taking action tonight to award a contract to a contractor;he did not think it was in the contractor's realm of control;that it's not a contingency to award it to him. going beyond the time limit. Councilwoman Alger stated we are not Mr.Grandy stated that in the field they can issue change orders to either add or delete to that contract and probably the best thing would be to award it to that contractor,get him started,and then delete some portions of the construction. Councilwoman Alger stated she did •not agree in doing it if we don't have a solid developer. Councilman Perkins agreed that one way or another the offsites are going to be done;that awarding the bid tonight and then making the change orders if that becomes necessary is perfectly fine;that he understands what Mr.Grandy is saying about the contractor. Councilwoman Alger stated there is not a contractor who would not understand saying "you have the bid if we have a viable project." Councilwoman Alger. Councilman Perkins disagreed with Councilwoman Alger explained she did not think that some of the people in our community who have developed would understand that a project that was started with a developer and offsites not being paid for by the City are now being paid for by the City.She added she did not think that would be an appropriate message to send out to some of the business and developers we have in town. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 16 OF 22 Mr.Lee stated that many of the offsite improvements on Highway 60 are going to be done at federal expense. the expense of the City. percent share that the City has to put in. Councilwoman Alger replied not at Mr.Grandy stated there is a five Councilwoman Alger replied that is only five percent and not the whole project. Mr.Lee asked why would just one stretch be considered differently than the rest of it,just because it has a major developer? Councilwoman Alger answered because that was going with the idea that there was a developer and we were not going to put in the offsites for this developer just because if happens to be Megafoods;we wouldn't put in offsites for other developers who requested it. She stated we could come into a problem with some of the other developers in the community because suddenly we are willing to go ahead and if the State calls back their grant then we will pay,when there is another way to get the offsites done for that section of road. Councilman Perkins MOVED THAT THE BID FOR THE OFFSITE IMPROVEMENTS FOR IRONWOOD CROSSING SHOPPING CENTER, PROJECT NO.ENG 92-05,BE AWARDED TO DOWN TO EARTH CONTRACTING,IN THE AMOUNT OF $73,521.52. Councilman Cox SECONDED THE MOTION. VOTE:In favor:Councilman Coleman,Councilman Perkins,Vice Mayor Eidson, Councilman Cox,Mayor Damiano. Opposed:Councilwoman Barker,Councilwoman Alger. The motion carried. NEW BUSINESS APPROVAL OF THE SCOPE FOR THE LONG-TERM PLANNING OF THE LIBRARY THROUGH THE YEAR 2010 )Library Director Pam Loui stated that Capital Improvements Associates Incorporated was recently approved by the Council as the consulting firm to perform a needs assessment study for the Library.She introduced Mr.Ab Hammed of CIA to make a presentation on the status of the study. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 17 OF 22 Mr.Hammed briefed the Council on their study for the long-term needs for the Library. the average daily use of the Library. thousand per week. the Library open. Councilwoman Barker asked what is Ms.Loui answered it is about a Councilwoman Barker how many days is Ms.Loui answered six days. Mayor Damiano stated that he has a monthly report of the Library in his office with the kind of information Councilwoman Barker was asking about for her review. Councilman Perkins MOVED THAT THE SCOPE FOR THE LONG-TERM PLANNING OF THE LIBRARY THROUGH THE YEAR 2010 AS PRESENTED BY CAPITAL IMPROVEMENTS ASSOCIATES,INCORPORATED,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS RENAMING OF US 60 BETWEEN IDAHO AND GOLDFIELD )Planning Division Manager Jim Nakagawa stated that in July A.D.O.T.turned over US 60 to the City and Engineering alerted Planning as to the need to rename US 60;that one option is that the City could sponsor some sort of a contest for the local schools district and another is that the City could sponsor a citywide contest for renaming this road;or the City could have city staff to offer a list of names or the City Council may wish to suggest a name. City Manager Mike Lee stated they have contacted the Chamber of Commerce and asked them if they would be interested in participating in whatever process the Council decides to choose and they expressed interest. Councilman Perkins asked if they are going to name it from Idaho to Goldfield what is it going to be named from Idaho back to Apache Trail. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 18 OF 22 be Apache Trail. Apache Trail. sign on the freeway that indicates US 60. Mr.Nakagawa answered it will still The Council clarified it is West Mayor Damiano mentioned there is a Mr.Grandy stated that the State would leave up both the State Route 360 and the US 60 signs for about two months to let people become accustomed to the new designation. Vice Mayor Eidson suggested to have a Council representative to meet with the Chamber of Commerce and discuss it. Councilwoman Alger favored having a citywide contest and let the residents get involved in this too. Vice Mayor Eidson if there is anything the Council should look at like emergency type problems that need to be taken care of right away. Mr.Grandy answered no. Councilwoman Alger asked if the police department or fire department is having problems dispatching to that area. Mr.Grandy answered no,he did not think so;that the only confusing designation would be Superstition Freeway; the only part that is called US 60 in our community now would be the Superstition Freeway. Councilwoman Alger stated that from reading the information from the police chief there was a problem occurring and that is why the Council had to do this so quickly. Publics Works Director Rich Broman replied there was a comment from the police chief that they were having some problems from the public safety perspective in that they have to put on the accidents reports US 60 when that designation is not for that road anymore but for the Superstition Freeway;that they have had the same comments from the highway patrol;so there is emergency on the part of public safety to get the name changed. Vice Mayor MOVED TO APPOINT TWO COUNCIL MEMBERS TO MEET WITH A DELEGATION FROM THE CHAMBER OF COMMERCE,AS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 19 OF 22 SOON AS POSSIBLE,AND BRING BACK, A RECOMMENDATION OWA NAME TO,THE CITY COUNCIL AT THE NEXT COUNCIL MEETING., MOTION. VOTE:Unanimous. The motion carried. those Council members right now. herself and so did Mayor Damiano. Councilwoman Barker SECONDED THE Vice Mayor Eidson suggested to name Councilwoman Barker volunteered Mayor Damiano asked if anyone had any objection to that.If not,it would be Councilwoman Barker and himself. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Barker MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,DECEMBER 15,1992 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,DECEMBER 16,1992 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 20 OF 22 Councilman Perkins SECONDED THE INFORMATION AND REPORTS Mayor Damiano reported that on Thursday,December 3rd from 5 p.m.to 7 p.m.they can meet the new Director of the Chamber of Commerce at the Winchester Restaurant;on Friday,December 4th at 8:30 a.m.at the County Building,A.D.O.T.is going to officially open the only office in the State where people can get both their drivers license and vehicle registration there;from 5:00 p.m.to 5:30 at the Gazebo Santa Clause will be arriving;and on Saturday,December 5th there will be a parade in Florence. Councilwoman Alger inquired about the status of the restriping of Superstition Blvd. ADJOURNMENT meeting at 9:00 p.m. Consent Agenda Hitems are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of November 17,1992. 3.Approval to apply for a Library Services and Construction Act (LSCA) Title I I Grant. )Mayor Damiano adjourned the ACCEPTED THIS 15TH DAY OF DECEMBER ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16THDAY OF DECEMBER ,1992. THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 21 OF 22 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes area 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 1st day of December,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December,1992. —Zthz,e) KATHLEEN CONNELLY67-14-4 - City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1,1992 PAGE 22 OF 22