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HomeMy WebLinkAbout2011-12-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 6, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 6, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 1 OF 28 Others Present:Program Coordinator Heather Patel Senior Planner Rudy Esquivias Building Official Dennis Dixon ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR TWO AGREEMENTS BETWEEN SIEMENS INDUSTRIES AND THE CITY OF APACHE JUNCTION FOR AN ENERGY SAVING CONTRACT IN THE AMOUNT OF $130,000 THROUGH EECBG GRANT FUNDS AND AN ENERGY SAVING CONTRACT IN THE AMOUNT OF $170,000 IN CAPITAL REPLACEMENT FUNDS THROUGH THE GENERAL FUND, AND FOR A FINANCIAL AGREEMENT BETWEEN SIEMENS FINANCIAL AND THE CITY OF APACHE JUNCTION FOR IMPLEMENTATION OF THE ENERGY SAVINGS PROJECTS FOR SELECT MUNICIPAL BUILDINGS IN THE AMOUNT OF $442,707, WITH ALL THREE THROUGH STATE CONTRACT #EPS080079-7 FOR A TOTAL AMOUNT OF $742,707.00 FOR NINE ENERGY CONSERVATION PROJECTS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN TO PURCHASE A FORD EXPLORER FOR THE POLICE DEPARTMENT FROM CHAPMAN FORD IN THE AMOUNT OF $26,169.34 THROUGH STATE CONTRACT #ADOT 11-004994; AND THAT RESOLUTION NO. 11-50, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION(S) FOR STATE HOUSING FUNDS, WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS, CERTIFYING THAT SAID APPLICATION(S) MEET THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION(S), BE APPROVED; AND THAT RESOLUTION NO. 11-51, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO AN APPLICATION FOR A HOUSING REHABILITATION ACTIVITY, BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 2 OF 28 THAT RESOLUTION NO. 11-52, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2012 STATE HOUSING FUND APPLICATION, BE APPROVED; AND THAT APPROVAL BE GIVEN TO THE AGREEMENT BETWEEN MOTOROLA AND THE CITY OF APACHE JUNCTION FOR A COMMUNICATIONS SYSTEM LEASE FOR 5 YEARS IN AN AMOUNT NOT TO EXCEED $70,312.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN JULIA NEUFELD AND THE CITY OF APACHE JUNCTION FOR VETERINARY SERVICES, EXTENDING THE CURRENT CONTRACT TO OCTOBER 31, 2015 IN AN AMOUNT NOT TO EXCEED $40,000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker commented most of the council got to the events this past weekend and complimented the parks and recreation department for their work.She added the focal point is beautiful. Councilmember Barker announced that Paws and Claws is going to take pictures of pets with Santa Claus on December 17.There is no charge but donations are welcome. Councilmember Wilson commented about three weeks ago the city responded to an individual's home regarding 7 horses that were in bad need of assistance.The city has acquired them and is now taking care of them with the assistance of the community, with feed and monetary donations donated by businesses and individuals, and a veterinarian that gave a special deal because of the animals.They plan on adopting the animals out. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 3 OF 28 Councilmember Wilson commented Mickey D's did its annual Thanksgiving Turkey Luncheon and served over 250 meals. Councilmember Wilson commented he attended the opening of Shopper's Supply. Councilmember Wilson introduced Branch Executive Laurie Armstrong of the Apache Junction Boys and Girls Club who announced the 2012 Youth of the Year Award winner, Anastasia Howard.Mayor Insalaco presented the award. Councilmember Serdy commented the centennial is getting closer. He asked everyone to watch the paper as it gets closer.There will be a big bike ride from Mesa Riverview to the state capitol that weekend.He added the old Rock and Mineral Museum has been made into the Centennial Museum and it is worth checking out. CITY MANAGER'S REPORT City Manager George Hoffman read a letter appointing Public Safety Director Jerald Monahan vice chair of the Maricopa County Association of Governments Regional Domestic Violence Council; an email regarding Cheryl from the library assisting someone in getting a job; commented on a phone call thanking the public works crew for repaving Plaza; and read a resolution from the Arizona State Parks Board expressing gratitude for the work and accomplishments of the city in keeping Lost Dutchman State Park open and providing a venue for their meetings.He then asked Economic Director Steve Filipowicz to show three videos appearing on the cable channel regarding shopping locally. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Safety Director Jerald Monahan introduced Officer Bill Virtue, the D.A.R.E. officer for the police department who gave a short presentation on the D.A.R.E. program and its regional and national recognition; briefed the council on a celebration in May for the D.A.R.E students around the state; his presidency in the state association; the state training day, the awards the program has won, and announced the 2011 D.A.R.E. Student Essay winner for the State of Arizona from Apache Junction, Benjamin REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 4 OF 28 Brown.Mayor Insalaco presented him with his plaque and Benjamin read his essay to the council. Councilmember Smithson commended Officer Virtue's ability to work with the kids and his teaching techniques and added the city is fortunate to have him. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN BREWERY ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Kathy Allyn, manager, addressed the council.She stated her husband and son were also in attendance and they are responsible for the facility as well. They are asking for council approval on the liquor license. This license transferred with the sale of the property.It is about to expire and the state felt they had to do something immediately.They are in the process of working to bring everything up to speed with the building.However, they had to do the liquor license immediately. Councilmember Barker asked what they are going to do with the property. Ms. Kathy Allyn stated the plan is to be a family -friendly bar/restaurant facility.They plan on serving food and maintaining the same liquor license that it had before. Councilmember Barker asked if she was aware of all the things that need to be brought up to date. Ms. Kathy Allyn stated they are.They have employed a general contractor, actually have moved to a second contractor and are happy with him.The REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 5 OF 28 architect that works with this general has given them verbal instructions and they are in the process of documenting everything. Councilmember Barker asked if she understood that if the council approves the transfer of this liquor license it does not indicate that all of the things that have to be done within the building before they can open have also been approved. Ms. Kathy Allyn stated she understood that.There are two separate things.They have the conditional use permit process as well as the liquor license. Councilmember Barker asked that someone from development services advise what is going on as far as the city part of this project. Senior Planner Rudy Esquivias stated he had a very good discussion with Mrs. Allyn today. They talked about her progress working with the new contractor and architect.They are putting their conditional use permit application together and they hope to receive that soon.He has offered to meet with her to make sure she has everything there in order to move through the process as expediently as possible. Conditional use permits only go to the planning and zoning commission so it should only take 45 to 60 days once received. He believes they now have a good foundation to move forward. There are some building issues.There was a lot of damage and deterioration due to the building sitting vacant for a number of years.At this time he recommended approval. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented the building is very dilapidated.He questioned if they could bring the building up to code.He has never heard of a transfer of a liquor license from a building that has been closed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 6 OF 28 Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Serdy commented he was thankful they have entrepreneurs that are willing to take a risk and try to make something better. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN BREWERY, SUBMITTED BY JAMES EDWARD ALLYN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS 2012 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Ron Knies, chairman of the event, addressed the council for any questions.There were no questions. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 7 OF 28 council discussion.There being no discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246, SUBMITTED BY RON KNIES, FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 24-26, 2012, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR A FUNDRAISER ) )Mayor Insalaco asked what this is for. Mr. Ron Knies stated it is for a fundraising event for Gary Mulholland.He has been very sick and has been in the hospital.He is recovering now but he has extensive medical bills.He is not able to work so a number of people who have worked with the rodeo for years, the Boys and Girls Club, the Rotary Club and the stock handlers are going to have an event for him as a fundraiser to try to put some money in the coffers so that he can pay for his bills. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246, SUBMITTED BY RON KNIES, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 8 OF 28 FOR A FUNDRAISING EVENT ON FEBRUARY 4, 2012, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 11-49 FOR THE SUBMITTAL OF FISCAL YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2012 STATE SPECIAL PROJECT PROGRAM GRANT APPLICATIONS ) )Program Coordinator Heather Patel briefed the council on the item. Councilmember Smithson asked if the estimated one million dollars in street improvements would be for all 4 streets. Program Coordinator Heather Patel stated that is correct.She continued with her briefing. Vice Mayor Dietz commented she said it is $120,000 for the Community Development Block Grant but in the paperwork it says $140,000.He always thought it was $140,000.He asked if they had dropped it by $20,000. Program Coordinator Heather Patel stated it continues to go down.For Fiscal Year 2011 we got $120,000 and some change.She did actually see some recent rulings from the senate and the budget has been reduced further for the Community Development Block Grant.She is hoping they will get $120,000, but she does not know what it will be once it funnels down to our level. Vice Mayor Dietz commented they had discussed this earlier and he thought for the State Special Projects they were looking at continuing the North REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 9 OF 28 Apache Trail improvements.He thought the other one was the sidewalk installation.For some reason he thought that is what they had decided. Program Coordinator Heather Patel stated on November 15 she brought the projects to them as a precursor to this meeting where they would officially select the projects. Councilmember Serdy asked at what location the commercial rehabilitation would be. Program Coordinator Heather Patel stated it would be in the Crossroads Redevelopment Area. It ends on the west side at Rennick, comes up above Superstition Boulevard, goes south almost to Broadway, and goes east to Winchester.It is odd -shaped. Councilmember Serdy asked how the buildings will be chosen that will be done. Program Coordinator Heather Patel stated the application process is what they would determine in the Commercial Rehabilitation Guidelines.It would determine how a commercial property would become eligible and if they would have to do a match to the city contribution.All of those things would have to be worked out.They would have to draft something up and come back to the council for their approval.It is similar to the Housing Rehabilitation Program which has evolved over 20 years.This program would likely be the same. Councilmember Serdy commented if they could make some thriving businesses successful, it would actually help pay for itself down the road and help all of these projects. Vice Mayor Dietz asked if there is a time frame for both of these. Program Coordinator Heather Patel asked if he meant for selecting or submitting. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 10 OF 28 Vice Mayor Dietz asked if there is a time frame for getting the projects completed. Program Coordinator Heather Patel stated the application has to be submitted by June 2012. We would probably get the money around January 2013.We have 2 years to complete them. that is on both grants. Patel stated that is correct. public hearing on the item. Vice Mayor Dietz asked if Program Coordinator Heather Mayor Insalaco opened the Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He requested they put the Community Development Block Grant funds into the neighborhoods quicker, even if they have to break it up into pieces.Four streets have to be done; they should be able to do it piecemeal.Inexpensive lighting is available.They are doing a great job with the County on Superstition and Winchester, but it is dark.Disabled people run up and down Winchester.He would like to see sidewalks there.North Idaho is not well traveled for sidewalk improvements. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Smithson commented he sees a great value to assisting in the commercial development of the city, but the one that jumps out at him after having driven down Grant, Ocotillo, Main and Palo Verde is that these areas need it desperately.He thinks if they had given a notice to these streets the residents probably could not all have come in here if they had come in to speak on behalf of this proposal.There are four streets here and he believes one of these streets could be closely done for that amount.In his opinion Main is the worst of those streets.It is almost REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 11 OF 28 impossible to drive down them after a heavy rain.It is not a hole; it is an area the size of this area in front of the council chambers.He strongly urged the council to include at least one of those streets in the proposal. Mayor Insalaco requested Interim Public Works Director/City Engineer Giao Pham to address the situation. Interim Public Works Director/City Engineer Giao Pham stated they have looked at it. They have already spent a lot of money trying to figure out those particular streets.People have historically altered the drainage flows.For us it is not a simple paving project that they can do in house.Before they pave it and place $80,000 or $100,000 of asphalt there, they want to make sure it will not deteriorate over 2 years.They have had to look at the drainage situation.This afternoon he met with Assistant City Manager Bryant Powell and members of public works and DSD to go out there and look at that.They are trying to brainstorm on the funding sources, whether it is Community Development Block Grants, FEMA or other federal funding sources that could address that drainage issue.They have already spent $40,000 on a drainage analysis looking for a long term solution.The worst thing he could do is go there and do a rough improvement and spend $1.2 million. Councilmember Smithson commented it would not do any good.He asked what the $1.2 million would include. Interim Public Works Director/City Engineer Giao Pham stated it includes all the bells and whistles.It includes storm drains, curbs, sidewalks, and lighting.There needs to be some sort of long term policy from the council and from upper management on people changing the drainage pattern.Where they put the storm drain system might change in ten years to where it is not capturing the same amount of rain water that it was when it was put in.They are looking into that.They are looking at the funding, but they are making sure that when they make a solution and spend that type of money, that we get a good value for it and are not REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 12 OF 28 throwing away money.As far as the Community Development Block Grant with the $130,000 or $140,000, it is harder to phase it in because of the federal requirements.They could phase it in however they want to, but from a project management view, when you look at a scale of economy, they would rather treat all 4 at the same time and get more bang for the buck versus half a street at a time. Councilmember Smithson commented the idea of doing one street at a time is not as feasible as one might think. Interim Public Works Director/City Engineer Giao Pham stated that is correct.They would get more bang for the buck if they lump all four streets together and treat it as a system rather than just one street at a time.The complaint that they would get is if they do it for Ocotillo, what about the neighbors on Main and when is it going to be done.That is part of the dilemma they are in.When they choose one street, they better make sure they have all the correct data and can tell them it is in next year's plan or 2013 or 2014.It is a systematic approach.We are not choosing one street or resident versus another. Vice Mayor Dietz commented they would be saving money in the long run by doing all 4 at the same time. Interim Public Works Director/City Engineer Giao Pham stated that is correct. Councilmember Smithson commented if nothing is done in the near future, some of those streets are going to be totally gone.They would not be able to drive down them at all. Interim Public Works Director/City Engineer Giao Pham stated he is correct. Councilmember Smithson stated he hates to see this put off for 3 or 4 years.Those streets are deteriorating so rapidly and completely.He urged everyone REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 13 OF 28 to drive down them after a rain and see how horrible they are. He is embarrassed to have that as part of the city. Interim Public Works Director/City Engineer Giao Pham stated that is what they are working on.All the other streets that are not having the drainage issue are being paved entirely.This one has to have a slower approach because it is a difficult situation.They are trying to understand it so that they can get additional funding. If the Community Development Block Grant does not work out, they are going to work with Heather and Roger to get additional funding.They will also work with Central Arizona Association of Goverments and Maricopa Association of Governments and with the Flood Control District to see if they can get more funding for that particular street. Councilmember Coleman commented he mentioned people changing the flow.He asked how they can stop that.With new development they have to take it in where it comes in naturally and it has to exit where it normally would.They can do whatever they want with it while it is on their property, but it has to come in and go out where it did before. Interim Public Works Director/City Engineer Giao Pham stated the new regulations they have for new subdivisions will provide us those new standards. Unfortunately, these particular homes or subdivisions were back when there were hardly any regulations.It was an unincorporated area of the county.Homes were built that were lower than the streets.When the home is lower than the street, the water will come off the street and go into the home.These are the existing conditions that we have to work with.Staff is working hard with DSD, with Joel's office and with upper management to figure out if we have the correct regulations as far as whether it is code compliance, public works, or a state statute.They want to make sure that when they go in there they are not heavy-handed; they need to educate the people to unblock the wash because they are ponding up the water and may be adversely affecting a neighbor or the street. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 14 OF 28 Vice Mayor Dietz asked if they treat the residential problems the same was as what they do with acre -and -a -quarter properties and rural properties where they have filled in washes.We go in and they have to clean out those washes and culverts. Interim Public Works Director/City Engineer Giao Pham stated they have done that in the past.The aerial maps that he showed them are from 2008, 2009 and 2011.They have maps from 1911 and 1913 in the archives.They show people what it was like before their time and that there was a wash on their property.When they show them this, they usually understand that the city is not trying to be the big, bad wolf.They understand that the city is trying to help them.Historically, the wash has been there and Mother Nature is going to do what it does best.They are trying to educate people slowly with the technology and with newer enforcement. Councilmember Smithson asked if it would be worthwhile to make this application for the engineering and study for those areas. Interim Public Works Director/City Engineer Giao Pham stated he talked to Heather Patel about that and she stated the federal government for the Community Development Block Grant funding wants a product.They do not want studies.That is why they are working with FEMA. There are planning studies with FEMA mitigation, but the matching funds are a little bit steeper, being at 50/50.There are certain federal funds that are for infrastructure where they have a year to build it.Other funding sources are for planning and design study, and that is what they are looking at. Councilmember Smithson stated he will keep pounding on this as long as he can and he will probably be very forgetful about some of the stuff he told him tonight in order to keep pounding on it. Interim Public Works Director/City Engineer Giao Pham stated he is available if he REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 15 OF 28 needs to meet with him to answer any questions or show the citizens what they are trying to do. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 11-49, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR THE FY 2012 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA"), FY 2012 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATIONS (1) MEET THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATIONS, BE APPROVED WITH THE FOLLOWING AMENDMENTS:IN SECTION 1, THAT FISCAL YEAR 2012 CDBG RA -FOR THE FUNDING MAXIMUM BE AMENDED BY INSERTING FOR THE SIDEWALK INSTALLATION AS THE PROJECT; AND THAT FISCAL YEAR 2012 - FOR THE $300,000 BE AMENDED BY INSERTING NORTH APACHE TRAIL IMPROVEMENTS AS THE PROJECT. Councilmember Coleman SECONDED THE MOTION. VOTE:3-4 (Councilmembers Barker, Serdy and Coleman and Mayor Insalaco voted in opposition.) The motion failed. Councilmember Coleman commented he is curious as to what the concerns are. Councilmember Barker commented the drainage project is not suitable for the State Special Project funds at this point because of the planning contingency and so forth.The sidewalks are a nice thing and it will, at some point, be nice to get sidewalks on that side.She is afraid that the commercial rehabilitation is really the only one left or the focal point crosswalk for the Community Development Block Grant funds.She is torn between the two of those rather than the sidewalk.They have sidewalks going on REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 16 OF 28 both sides of the street at the focal point but we do not have handicap access on any corner there.In certain types of situations, someone could have great difficulty. Vice Mayor Dietz commented he thought there was a ramp at that intersection. commented we have a drop. do not have the correct ramp. that is correct. Councilmember Barker Vice Mayor Dietz commented we Councilmember Barker stated Vice Mayor Dietz asked if she was talking about continuing the improvements along the north side of Apache Trail. Councilmember Barker commented she is talking about keeping that.She does not have a problem with it.It seems to her that either of the crosswalks or the commercial rehabilitation would be more beneficial at this time. Vice Mayor Dietz commented he does not have a problem with that.According to the last meeting, he thought they had settled on those two things. Councilmember Barker commented there could especially be a problem with the time limit.Heather indicated that it could possibly be a year before we saw any funding.During that time period, we would be able to come up with some criteria to help with the rehabilitation. Vice Mayor Dietz commented it could be some sort of a process. Councilmember Barker commented they need something they can work with.The council REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 17 OF 28 has made it a priority to get this center part of our community user-friendly.She would like to continue to work on that portion and go out rather than come in.The reason that we even thought about the sidewalks even coming from Winchester is because of the Central Arizona College project.We had already done that portion and logic would possibly dictate that.But she believes either one of the other two projects would be more useful for the citizens at this point in time.That is why she voted no. Councilmember Serdy commented they are always asked about the blight downtown.If they can get this more viable, it would help pay for itself.We just watched three videos earlier about Meridian east.We are trying to drive them down here.It will help pay for all the other projects in the long term.It could also lead to someone wanting to move into the Grand property if there are thriving businesses all around it.One thing will lead to another.It is the domino theory.Then they can pay for these other projects. Mayor Insalaco asked where they are going from here. Councilmember Smithson commented he thinks commercial rehabilitation is a great idea to improve that so that we can improve the whole area, but the problem he has with it is he does not have a firm grasp of the area of where this is going to be.He would have a hard time voting in favor of it without knowing exactly what would be done and where. Vice Mayor Dietz commented it would be in the Downtown Crossroads, that being Rennick east. Councilmember Serdy commented the picture that they have there is the Bashas' Plaza which needs to be rehabilitated. There was general discussion on where the Crossroads Redevelopment Area is located. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 18 OF 28 Program Coordinator Heather Patel stated they will be doing a second redevelopment area that will go from Rennick west to Meridian.A proposed location has been mapped out.Because there are flood plain issues on the north side of the Trail, those properties would not be eligible. Vice Mayor Dietz commented that is why it has to be in the Crossroads. Program Coordinator Heather Patel stated it can be in the Crossroads or the new redevelopment area. Councilmember Smithson commented he thought there was a study going on to see if that could be upgraded.He asked if that had been completed.They were trying to see if this could be upgraded to not be a flood plain. Program Coordinator Heather Patel stated the study was completed but there are still areas that remain in the flood plain. Councilmember Barker stated they would have to pick and choose. Program Coordinator Heather Patel stated that is correct. Councilmember Barker stated this is the commercial rehabilitation and it is part of the downtown plan.It is one of the objectives. Interim Public Works Director/City Engineer Giao Pham located a map of the Crossroads Redevelopment Area on the website for the council. Councilmember Barker commented there is not a lot of area to talk about. Program Coordinator Heather Patel stated there is $120,000, and depending on how the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 19 OF 28 guidelines are written, they could to $20,000 per property and get 5 properties done, as the remaining would be for administrative costs.They could start small and grow a program. Councilmember Smithson asked if the $300,000 could be used for this program. Program Coordinator Heather Patel stated it could be, but it is a harder sell to the state. They do not look favorably on those types of projects. Vice Mayor Dietz commented he thinks it would look more favorable if they continued with the North Apache Trail improvements since they have the first one. It could help them get into phase two and hopefully get that done.It will be a great boost for the downtown area.It could create more businesses coming in, more tax revenue and more employment. Councilmember Smithson commented she is talking about the area just inside the red lines. Program Coordinator Heather Patel stated that is as it stands today.By the time the application goes in, our boundary could expand. Councilmember Smithson stated that would be along the Trail. Program Coordinator Heather Patel stated that is correct.It would remain in that general vicinity. Councilmember Serdy asked for examples of what this could do, and if it could do sewer work. Program Coordinator Heather Patel stated it could do that, and it would be American Disabilities Act accessibility within the building.It would be exterior façade work. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 20 OF 28 Councilmember Barker asked for clarification that they could do this for exterior façade. Program Coordinator Heather Patel stated that is correct.It could be used for any code violations and building issues, and any health and safety issues. Councilmember Serdy commented one of the things on G&G's plan is to make the facades all look better. Program Coordinator Heather Patel stated they could be made more appealing and could revitalize the area.It would be up to how they do the guidelines.It could be any number of things.They could grant someone $10,000 but require they come up with $10,000 as a match.They could say it is going to be a loan.It is completely up to how they structure the guidelines.We have not decided on anything at this point. Councilmember Smithson commented he could go along with a loan easier than just doing improvements to private property.He has a hard time seeing that as one of our major functions. Program Coordinator Heather Patel stated that can certainly be a stipulation.They can work on that. Councilmember Barker asked if it is something that they want as part of the downtown redevelopment, to create those guidelines and apply for the Community Development Block Grant in order to have the funds to follow the guidelines which we create.It will be a year.They have a year to create the guidelines to do this. Councilmember Smithson asked when they would have to make the decision. Program Coordinator Heather Patel stated she had hoped that it could be done this evening so REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 21 OF 28 that she could work towards some rehabilitation guidelines and other things. Vice Mayor Dietz commented it needs to be done before the application is submitted. Program Coordinator Heather Patel stated that is correct.There are requirements they have to have in place before they submit applications. Mayor Insalaco asked if he is the only one that thinks the money should go for the American Disabilities Act crossings for the handicapped.That is more important to him than anything else right now. Councilmember Barker commented the nice thing about that one is that there would not be too much matching funds. City Attorney Joel Stern asked what the deadline is for the submittal of applications. Program Coordinator Heather Patel stated it is June 1. City Attorney Joel Stern asked how long it would take her to do the guidelines. Program Coordinator Heather Patel stated they would like to make a good faith effort to submit something with the application, but it would definitely have to be in place the next year to be ready to go in January of 2013. Vice Mayor Dietz asked if that had to be ready to go in June when they submit the applications. Program Coordinator Heather Patel stated they can send a rough draft and show them that they are working on that.They do not want to submit an application with nothing.It would be fine to know that we have an extra 6 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 22 OF 28 months before we have to have something final before we actually start. Vice Mayor Dietz commented he did not know if it had to be done when we sent the application in or just by the time we received the funds. Councilmember Barker asked if not having a plan laid out would diminish the possibility of getting the grant. Program Coordinator Heather Patel stated the Community Development Block Grant funding is as long as we submit an eligible activity, and it is something the state is willing to fund, it is okay.In June they would submit an application saying this is the draft of our guidelines and we are still working towards finalizing them.They would have a stipulation in the contract that would say they must submit approved guidelines by a certain date. Councilmember Barker commented maybe the best thing to do is to take this next year ourselves and work on those guidelines to take advantage of the next Community Development Block Grant funding cycle.They could then say they have it, it is ready and they know what zones they want to use, they know how they want to do it, and then go from that point rather than doing such an iffy thing. City Manager George Hoffman commented they could then find out if the demand even exists. Councilmember Barker agreed. She added they could also find out if there is a methodology by which the funding would go back to the people here rather than just to a select few. City Manager George Hoffman asked if the American Disabilities Act ramps are existing now but the standards have changed from ribs to nubs, or the ramps do not exist at all. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 23 OF 28 Program Coordinator Heather Patel stated the former is correct. Vice Mayor Dietz commented he thought they were there but they just have the ribs. Mayor Insalaco commented they have a couple of them on the crossing that work. City Manager George Hoffman commented they met the standard at the time and five to eight years ago the standard evolved.But they exist. Councilmember Barker commented she saw someone fall the other day. Program Coordinator Heather Patel stated due to some citizen comments, public works has put in temporary band -aids, for lack of a better term, where they have put the nubs in a plastic thing over the ramp.It keeps them standard on a temporary basis. City Attorney Joel Stern asked if the applications would be endangered if this decision was deferred to January 3. Program Coordinator Heather Patel stated it would not. Councilmember Serdy commented he would not be here January 3. Councilmember Smithson commented the North Apache Trail improvements are one million dollars.He asked if they had the rest of the money to do that. Vice Mayor Dietz commented they have already been approved for a Community Development Block Grant for the first phase in the amount of $300,000.We are going for the second round right now. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 24 OF 28 Councilmember Smithson asked if the million dollars is for the whole thing. Program Coordinator Heather Patel stated that is correct. Mayor Insalaco commented he does not think North Apache Trail is the problem.It is the other one. Councilmember Barker asked if she could make a motion to continue this to January 3.In the meantime she will be making a lot of phone calls to see what she really wants. City Attorney Joel Stern stated it would be for a public hearing. City Manager George Hoffman commented she could get the direction on the North Apache Trail improvements if there is consensus.She could then get that started and then narrow it down to the one remaining. Program Coordinator Heather Patel stated the resolution has both of them in it.It is fine to defer both of them. There was general discussion on the motion. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT WE CONTINUE THIS PARTICULAR RESOLUTION TO JANUARY 3RD. Councilmember Smithson SECONDED THE MOTION. City Clerk Kathleen Connelly asked if this is also a continuation of the public hearing. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 25 OF 28 Councilmember Barker ADDED THAT IT IS A CONTINUATION OF THE PUBLIC HEARING. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz stated the executive session and work session on December 19, 2011 has been cancelled.The executive session and regular meeting of December 20, 2011, has been cancelled.The executive session and work session of January 2, 2012, has been cancelled due to observation of the New Year's Holiday.He MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, JANUARY 3, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding a memorial service this Friday at the United REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 26 OF 28 Methodist Church for the three children that died in the plane crash.Organizers are requesting a member of the council attend. Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding the towing policy request for proposals retaining the current zoning and gave statistics on towing. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the rainy day fund, million dollar budget items on the consent agenda instead of being a public hearing, and the placement of Call to the Public. ADJOURNMENT ) )Mayor Insalaco adjourned the meeting at 8:53 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of November 15, 2011. 3. Consideration of authorizing the Mayor to enter into three agreements with Siemens Industries and Siemens Financial through State Contract Eeps080079-7 for the implementation of the energy saving projects for select municipal buildings. 4. Consideration of the purchase and award of a fleet vehicle for the Police Department through State contract #ADOT 11- 004994. 5. Consideration of approval of proposed Resolution Nos. 11-50, 11-51, and 11-52 regarding the submission of a Fiscal Year 2012 State Housing Fund grant application. 6. Consideration of Motorola Communications System Agreement (Lease) not to exceed $70,312.00. 7. Consideration of Professional Services Agreement for Veterinary Services not to exceed $40,000.00 annually. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 27 OF 28 ACCEPTED THIS 3RD DAY OF JANUARY, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF JANUARY, 2011. 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 6th day of December, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of December, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2011 PAGE 28 OF 28