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HomeMy WebLinkAbout2009-12-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 15, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 15, 2009, 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 Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy 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 Public Works Director David Fern Development Svcs. Director Brad Steinke Planning Manager Fred Baker Economic Dev. Director Steve Filipowicz Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 1 OF 32 Business Advocate Janine Solley Program Coordinator Heather Patel Multi -media Producer Matt McNulty ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO EXTEND THE FY 2008-2009 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR ECONOMIC DEVELOPMENT TO JUNE 30, 2010; AND THAT RESOLUTION NO. 09-53, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS (WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS), CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION, BE APPROVED; AND THAT RESOLUTION NO. 09-54, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE 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 THAT RESOLUTION NO. 09-55, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2010 STATE HOUSING FUND APPLICATION, BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT PW 2009-11, PUBLIC SAFETY PARKING LOT EXPANSION, BE AWARDED TO ABC ASPHALT, LLC, IN THE AMOUNT OF $140,870.76 PLUS 10% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $14,087.00, FOR A TOTAL AMOUNT NOT TO EXCEED $154,957.76; AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 2 OF 32 THAT APPROVAL BE GIVEN FOR THE. FIRST AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN VISIONAIR AND THE CITY OF APACHE JUNCTION FOR NEW TERMS, LICENSE FEE AND ANNUAL MAINTENANCE COSTS OF APPROXIMATELY $8,600 AND HARDWARE AND SOFTWARE INITIAL INSTALLATION AND TRAINING COSTS OF APPROXIMATELY $12,000 FOR A TOTAL AMOUNT NOT TO EXCEED $21,000; AND THAT THE CABLE LICENSE AGREEMENT BE MOVED TO AFTER ITEM NUMBER 11 ON THE COUNCIL AGENDA; AND THAT CITY OFFICES BE CLOSED WHERE POSSIBLE ON THURSDAY, DECEMBER 24, 2009; AND I FURTHER MOVE THAT WE APPROVE 8 HOURS OF TEMPORARY PERSONAL LEAVE FOR CITY EMPLOYEES FOR DECEMBER 24, 2009, SUBJECT TO THE FOLLOWING TERMS:THIS LEAVE WILL BE PLACED ON A SEPARATE BILLING ACCOUNT APART FROM VACATION AND SICK LEAVE; IT WILL BE CONSIDERED STRAIGHT TIME AND WILL NOT BE CONSIDERED IN THE CALCULATION OF OVERTIME OR CAUSE AN EMPLOYEE TO EXCEED 40 HOURS IN THE WORK WEEK; THIS LEAVE WILL ONLY BE AVAILABLE FOR USE BEGINNING DECEMBER 24, 2009 AND UP TO AND INCLUDING JUNE 30, 2010; THERE WILL BE NO CARRYOVER OF THIS LEAVE BEYOND JUNE 30, 2010; PRIOR TO TAKING THIS LEAVE, AN EMPLOYEE SHALL OBTAIN APPROVAL FROM HIS/HER DEPARTMENT DIRECTOR; THIS LEAVE SHALL BE EXTENDED TO NON-EXEMPT AND EXEMPT CITY EMPLOYEES WHO REGULARLY WORK 24 HOURS OR MORE PER WEEK; IT SHALL BE PRORATED FOR EMPLOYEES WHO WORK BETWEEN 24 AND 31 HOURS PER WEEK; THIS LEAVE SHALL BE EXTENDED ONLY TO THOSE CITY EMPLOYEES WHO ARE AN EMPLOYEE OF RECORD ON OR BEFORE DECEMBER 24, 2009; THIS LEAVE SHALL NOT BE ADDED OR INCLUDED IN ANY PAY OUT PROVISIONS.I FURTHER MOVE THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL ADMINISTRATIVE ADJUSTMENTS TO THESE TERMS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 3 OF 32 Program Coordinator Heather Patel announced that the city is participating in a volunteet program called Volunteers in Service to America wherein they will teach out to local nonprofits to help them in grant writing and finding grant resources.She introduced Sarah Knaack as the city's VISTA volunteer. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented on how nice the light display looks on Apache Trail.Main Street helps get the lights and parks and recreation put them up.Every year they get better and better.The local merchants donate; he does not have a list of all of them so he will not slight some by not mentioning them. Councilmember Coleman commented the light parade was really a success as well as the gathering at the old gazebo.All the kids played with the snow.He took his grandkids there to do so. Councilmember Coleman announced that last Friday night he attended the Black and Gold Youth Football League banquet.They had the outgoing board that started the program 6 years ago and an incoming board that had been training for the last year to take over.The program has really benefited the youth of our community.It is one of those all volunteer programs where everything is paid for out of their own pockets.The kids pay $120 to participate which gives them their uniform and insurance, etc.It is not a bad deal.He expressed his thanks to those who had served on the board and to those coming in, plus all the volunteer coaches and officials. Vice Mayor Eck congratulated Apache Trail High School for winning the state football championship in their third year of competition. CITY MANAGER'S REPORT City Manager George Hoffman commented they had asked city employees to take a pay freeze when the economic downturn began whereas other cities were still giving their employees pay increases.We have reduced our staff and have asked the current REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 4 OF 32 staff to do more with less.This council has stood by their employees.He publicly thanked them on behalf of all the city employees for their vote tonight in giving them Christmas Eve off.It is a most meaningful and valued act and they have his thanks and appreciation for it. Multi -media Producer Matt McNulty gave a video presentation on the Shop AJ Program that will be appearing through Mediacom on ESPN and CNN during the Christmas break starting today. CONSENT AGENDA (CONTINUED) FOURTH AMENDMENT TO CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY (TEMPORARY EXTENSION)) )City Attorney Joel Stern asked if they have a question about the item. Councilmember Coleman commented he thinks there is a question about the cable service and the internet service.He asked if they could be discussed as part of this amendment. City Attorney Joel Stern stated they can.It is a fourth amendment because currently there are negotiations with Mediacom for cable -related services. Cable -related services are the television portion of the services that they provide.They also provide internet and telephone.Those are not part of this agreement, it was not part of the 1999 agreement, and the 1996 Telecommunications Act does not allow the city to negotiate those items in this cable agreement.All they are voting on is if this should be extended one more time through the end of January so that they can try to negotiate the final 5 year term.It was initially a 15 year term.He is meeting with them tomorrow and hopes he can ferret out a lot of things they have asked in public and in executive session. Councilmember Coleman asked if he would pass on that some of the council has received complaints about the internet service as well.It might not be part of this agreement, but he would like them to know. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 5 OF 32 Councilmember Dietz commented there have been complaints aboUt the telephone service, also. He would just like to let them know, even though they have no hold and cannot bring it up in negotiations in the agreement. He would like them to know they are concerned. City Attorney Joel Stern stated he would. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT APPROVAL BE GIVEN FOR THE FOURTH AMENDMENT TO THE CABLE LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION FOR A TEMPORARY EXTENSION OF THE CABLE LICENSE UNTIL JANUARY 31, 2010. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR JAKES-0 -MINE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Liz Reynolds addressed the council. Vice Mayor Eck commented she will have tough shoes to fill.The former owners were very good. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 6 OF 32 Councilmember Dietz commented they will miss them. Ms. Liz Reynolds stated she thinks she is up to the challenge.She commented their video talked about shopping Apache Junction and the city needs that to keep its businesses.However, this weekend the police presence in the Jakes-O-Mine parking lot absolutely destroyed their income both Friday and Saturday nights.She does not know the proper course of action to take for this problem, but police sitting in her parking lot during prime business hours is a real problem that needs to be addressed. Councilmember Coleman asked if they were local officers, sheriff's deputies or the Arizona Department of Public Safety. Vice Mayor Eck commented the task force was out heavy that weekend. City Clerk Kathleen Connelly requested the chief of police speak on it, as she noticed it herself last Friday night and she was rather shocked. Department of Public Safety Director Jerald Monahan stated they did have a task force operation in town that is run by the sheriff's office.We do participate in it.Police officers from as far away as Maricopa were in the city.He would certainly share a business person's concern if we were taking over their parking lot and operating there for that operation.He will work with this business person to ensure that it does not occur there again. City Attorney Joel Stern commented he wanted to make sure they were on board with the open meeting law.He asked the applicant if this police presence did affect her liquor license in some way. Ms. Liz Reynolds stated of course it did. Mayor Insalaco opened the public hearing on the item.There being no one wishing to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 7 OF 32 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 AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR JAKES-O-MINE, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1355, CASE AM -4-09, AMENDING THE CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS,AND ARTICLE 20 PARKING, LOADING AND INTERIOR OR PRIVATE STREET STANDARDS )Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Eck asked if they had said lots of 10,000 sq.ft. or larger. Senior Planner Rudy Esquivias stated he listened to the video stream several times and did not hear that.There was a discussion on lot sizes at the planning and zoning meeting and when the council talked about the fence issue, but the references that were made to lot sizes on this provision regarding what can and cannot be put in front yards, if it was kicked around during the discussion, was not in the final direction. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 8 OF 32 Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he feels that the HOAing of the boat and RV situation has more to do with propping up a business that was designed to store boats and RVs than anything else.They have been trying to sneak tougher standards in on this.Only one person has complained. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council.He stated developers want to see a return on the money they spend. Planning and zoning worked on the front yards to improve the look of the city.He would like to keep items on his property, but he understands he has to give a little for the city to survive.They need more businesses here to survive.He believes they have passed a good ordinance that will attract businesses. Ms. Beverly Hanson addressed the council.She used to live in a homeowners association and she does not like being told what she can and cannot do.She does not appreciate being told she cannot park her horse trailer or RV on her land.She pays taxes on the land and she should be able to park anything she wants on it.She believes half the people who live here do so because they can do what they want on their property. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1355 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 9 OF 32 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1355, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. USE OF FISCAL YEAR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND FISCAL YEAR 2009 AND 2010 STATE SPECIAL PROJECT FUNDS )Program Coordinator Heather Patel briefed the council on the item. Councilmember Dietz asked if the Community Development Block Grant Regional that is $280,000 is the one that we flip-flop with Payson. Program Coordinator Heather Patel stated that is correct.She continued with the briefing on the item. Councilmember Barker commented she thought she had understood her to say that the State Special Projects were a single project.These show two. Program Coordinator Heather Patel stated that is correct.These are two potential projects for them to consider.She continued with the briefing on the possible items that can be considered. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 10 OF 32 population numbers quoted earlier are questionable; he suggested they not go by the State of Arizona population numbers.He suggested they have their ducks in a tow if they are going to do housing rehabilitation.He is concerned that there is no transportation project.He suggested they clean up their act when applying for these as there are new standards. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented they are all viable projects, but there is a project that has been recommended by the public works director and city engineer that have both retired.It has been on the shelf ready to be done in the future.They were going to start implementing a sidewalk and gutter program on the southwest side of the city, starting on Cedar just south of Broadway.It has been pushed aside each time.He believes it came out at $1.2 million the last time they looked at it.However, if they incorporated the grant money, they could possibly look at that.There are 5 to 10 people that inquire about that each year. Councilmember Barker commented there were sidewalks that were identified last night on North Ironwood.It was a small stretch that would cost about $55,000 per the public works director.She asked if that would be eligible for this grant. Program Coordinator Heather Patel stated if those projects are in the redevelopment area, they are fine.If not, North Ironwood and Delaware are major streets in the community that pretty much everyone uses.In essence it would be considered a community -wide project.We would not be able to do those unless the area can be identified or stated that only these people in the neighborhood will use it, then they could look into it. Vice Mayor Eck commented he was talking about Cedar and Broadway.They were talking about starting on one side and gradually trying to head east through time.It has been one of those projects that was there but has gotten lower on the shelf. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 11 OF 32 Councilmember Barker commented they have two recommended choices for the 2009 State Special Projects.One is the continued housing rehabilitation program.She asked how long we have had that. Program Coordinator Heather Patel stated the city has had that since 2005. Councilmember Barker stated the other is the FEMA Flood Study.She asked if that was right. Program Coordinator Heather Patel stated that is correct. Councilmember Barker commented in the Community Development Block Grant they have one large project for the downtown and then the housing rehabilitation again.They also have a lot of smaller projects to go with it of pretty much the same thing in the State Special Projects 2010. Program Coordinator Heather Patel stated that is correct. Councilmember Dietz asked if their chances would be better to get the downtown Plaza Drive instead of a $30,000 and a $60,000 or projects of a lot of different amounts.He asked if they should apply for just one of those like the rehabilitation of a safe house at $66,000, and that be all they apply for when they are eligible for $300,000 or $280,000. Program Coordinator Heather Patel stated under the Community Development Block Grant they get $280,000 and we have to apply for all of it or submit applications to equal all of that. Councilmember Dietz commented in their application they would state the rehabilitation of a safe house, a women's center, the senior center, and food bank. If they so desire, they can list all of those projects for the $280,000 total. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 12 OF 32 Program Coordinator Heather Patel stated that is correct.The Arizona Department of Housing does recommend that we do not submit any more than two applications. Councilmember Dietz commented that means they can do two projects on one. Program Coordinator Heather Patel stated that is correct. Councilmember Dietz commented it would be easier and look much better to have one project at $280,000 than multiple projects. Program Coordinator Heather Patel stated in addition to having just one project, the Arizona Department of Housing in a previous Community Development Block Grant did fund our downtown redevelopment plan.It is beneficial for them to see that we are following up with that plan and instituting projects that are an outcome from that. All of the downtown redevelopment projects identified here were provided by G&G Consulting who was doing the redevelopment study. Councilmember Dietz commented they happen to have things on Plaza that this could work out for. Councilmember Coleman asked if the restroom at Prospector Park should be on this list. Program Coordinator Heather Patel stated it was originally, but because we are no longer eligible to do community wide projects, there is no way to prove that only a certain group uses Prospector Park. Vice Mayor Eck asked if it has to be above 51%. Program Coordinator Heather Patel stated it has to be above 51%. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 13 OF 32 Vice Mayor Eck asked if we are 51%. Program Coordinator Heather Pagel stated we were at 53.3%, but because our population increased, Housing said we could no longer use that number at all.We have to do as they tell us as they have the money. Councilmember Coleman asked if it had anything to do with the income level or if it was just the population increase. Program Coordinator Heather Patel stated the 53.3% low to moderate income number came from a formula that Housing and Urban Development puts together with census information and some other information.Because of the way the Arizona Department of Housing operates, they say if you go above or your population changes over a certain percent, then they no longer accept that information as valid.They feel if there is a change, then the income level has probably changed as well. Councilmember Coleman asked if this grant is the only one of the three that the project would qualify under. Program Coordinator Heather Patel stated the low to moderate income requirement is applicable to all three grants. Councilmember Coleman asked if the restroom at Prospector Park would only qualify under the Fiscal Year 2010 Community Development Block Grant. Program Coordinator Heather Patel stated it is the only one it will qualify under. Councilmember Coleman commented that it no longer qualifies period. Program Coordinator Heater Patel stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 14 OF 32 Councilmember Coleman commented that is too bad as the soccer field is where the state championship charter school's football team played.There are no restrooms there or by the playground.They have to walk clear over by the tennis courts.If you have little kids, that can be a problem. Councilmember Barker commented she is saying they cannot ask for something that is community wide.She asked why the downtown is not considered community wide. Program Coordinator Heather Patel commented because it is designated a redevelopment area so it is a different national objective. Councilmember Coleman asked if they could designate Prospector Park a redevelopment area. Program Coordinator Heather Patel stated they can look into that.She requested they identify projects for each grant.She suggested they look at each one individually. Councilmember Barker commented they have had housing rehabilitation in progress on this particular grant.It would be a shame to get rid of it. It is something the community has become used to and it is of service to a lot of people. Program Coordinator Heather Patel stated they are receiving and/or putting applications in for other grant fund sources for rehabilitation.The program will not cease to exist. Councilmember Barker commented the program would not cease to exist if they did not ask for it for the 2009 State Special Projects. Program Coordinator Heather Patel stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 15 OF 32 Vice Mayor Eck commented the State Special Projects is cdtriPetitive. Program Coordinator Heather Patel stated that is correct. Vice Mayor Eck stated they want a project that is more competitive. Mayor Insalaco commented he thinks the housing rehabilitation is more competitive than the FEMA Flood Plan. Councilmember Dietz agreed. Program Coordinator Heather Patel stated the State Special Projects program has identified both housing and economic development as two of their main objectives.Both of these fall under that.It is the feeling of the economic development person that fixing or identifying what truly is a flood plain area on the northern part of Apache Trail will help with economic development. Councilmember Coleman agreed. He stated that is why Jack -in -the -Box had to be built on stilts. There are problems all along Apache Trail there because it is in the FEMA Flood Plain.It does hamper development which should provide jobs and economic growth in the community.However, the problem is this is just a study.He asked if they had any idea how much of the designation it could possibly remove. Business Advocate Janine Solley stated they believe that there is part of the FEMA designation along Apache Trail that actually should not exist there.We cannot tell FEMA that, so they need engineers to look at it and help determine if that is correct. Mayor Insalaco stated that is what we need the money for. Business Advocate Janine Solley stated that is correct.The problem is there are a lot of small parcels along Apache Trail.They are a little more REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 16 OF 32 difficult to develop for small developments because it can be very costly to overcome the drainage issues.People look at it and say the cost is way too much and they move on.With Starbucks, they built their patio up so that the drainage could be underneath.It was a costly solution, but they were able to do it.If the city can take a study like this and have some engineers look at it, we might be able to resolve some of the issues for the smaller parcels or determine what type of regional drainage solution would be appropriate so that we could possibly do something upstream to take care of the drainage that is impacting Apache Trail and make those parcels easier to develop.They would remove a hurdle for redevelopment. Councilmember Coleman commented he would venture to guess that the flood control dam that goes up Idaho Road and crosses at Idaho took a lot of that property virtually out of real danger in the flood plain.If they can show that, it could be huge for us. Business Advocate Janine Solley stated that when they did put that drainage solution in, they actually fixed the FEMA Flood Plain map in that portion but left Apache Trail in.Where it should not be there, it still exists.They would like to get that fixed. Councilmember Coleman stated they left everything in downstream. Councilmember Dietz asked if there would be a problem since the cost for the FEMA Flood Plain is $100,000 and the total amount for the State Special Projects is $300,000.They would submit for $100,000 even though there is $300,000 available. Program Coordinator Heather Patel stated they can only do one application and submitting an application that is less than the maximum is actually somewhat desirable to the funder.They will have a lot of applications competing for this.If they can get as many in there as possible, that is best.It tends to be everybody wants to shoot for the $300,000. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 17 OF 32 Councilmember Dietz commented. he just wanted to know if that wOuld.be a hindrance or not. Program Coordinator Heather Patel stated it might be beneficial. Mayor Insalaco commented we are actually in a better ball game if we go the cheaper route. Program Coordinator Heather Patel stated that is true. Councilmember Dietz commented he thinks they should do the FEMA Flood Plain on this one. Mayor Insalaco asked her to proceed to the next one. Program Coordinator Heather Patel stated that would be the Community Development Block Grant application.This is $280,000 and they have to have projects, two projects maximum, equaling $280,000. Councilmember Dietz stated he thinks they should do the downtown. Councilmember Barker commented Heather had said they could look at some of these other grants for housing rehabilitation.She asked if some of these other projects could fit into other grant categories. There is no way they could have two of these projects add up to $280,000 without leaving most of these projects on the table. Program Coordinator Heather Patel stated the social service or public service listed here can certainly benefit from other grants.Sarah is a part of that to try to help them identify projects and locate potential funding. Councilmember Barker asked if they will be working with any of these particular entities to try to identify a funding mechanism. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 18 OF 32 Program Coordinator Heather Patel stated her first step was meeting all the organizations. In January they will be moving on to the next step to discuss how she can help each one specifically. Vice Mayor Eck asked if there is a way of getting more out of the State Special Projects and then add $100,000 with something else on the Regional.You can go with more projects on the Regional. Mayor Insalaco stated you cannot take the money from one to the other. Program Coordinator Heather Patel agreed that they could not do so. Vice Mayor Eck stated they could do sewer connections and the downtown water on the Community Development Block Grant Regional and then go for housing rehabilitation on the State Special Projects. Program Coordinator Heather Patel stated that is true.The FEMA study could fall under this, however, none of the other downtown projects could fall under the State Special Projects.That is why it was placed under the State Special Projects.It is the only one eligible there.However, the FEMA one could fall under this as well. Mayor Insalaco commented the sewer connections would do a lot of good than just doing one. It helps people that cannot afford it, it helps protect the city's ground from the old septic tanks; it would be a benefit to the whole city and its people.He would like to do that with one of the other ones. Vice Mayor Eck stated that is what he was saying, do that with another. Councilmember Barker commented the sewer connections are also on the State Special Projects list. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 19 OF 32 Program Coordinator Heather Patel stated the sewer connections project is not held to the $200,000.It assumes that they could meet a certain number of people.They could certainly do that number.It can be any dollar amount that they want it to be.It could be $100,000 or $50,000.It just decreases the number of people that will be benefitted.It is still a completely viable option. Vice Mayor Eck asked if it falls under housing rehabilitation; if they could do a home repair and a sewer connection. Program Coordinator Heather Patel stated under the housing rehabilitation program, if a person is near a sewer line they will also be eligible to get connected. Vice Mayor Eck commented he is trying to manipulate the numbers to where they can get the most. Councilmember Barker asked if there are any projects on this list where they would have an extremely difficult time finding other grant possibilities for or are there grants out there for all of them.They would just need to research and come up with them. Program Coordinator Heather Patel stated there are other grants out there that need to be researched. Councilmember Barker commented she was trying to eliminate some of them in that way. She wanted to be able to eliminate some of them that have other grant possibilities. Mayor Insalaco commented they could move on to the next one. There was general discussion that they liked the downtown on the last one. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 20 OF 32 Program Coordinator Heather Patel stated this is the 2010 State Special Projects. Councilmember Dietz asked if the transitional housing on this was adding a couple of manufactured homes to the property so that they could help more women in need to transition and get out from where they are to a safe home or safe area.This would just enable them to help more people. Program Coordinator Heather Patel stated they would want to purchase the land which they currently lease and buy 2 homes to put on there. Councilmember Dietz asked if the $280,000 would be enough for it. Program Coordinator Heather Patel stated that is correct. Councilmember Barker commented in most transitional housing situations the clientele is not normally placed in the same community as the occurrence took place in.The clientele tend to be taken out of that location for safety.She asked if that is the case in this particular project or will this be local clientele using the transitional housing. Program Coordinator Heather Patel stated Ed Contreras with Community Alliance Against Family Abuse is in attendance and she will have him respond to that question. Mr. Ed Contreras stated most of the clientele actually comes from the surrounding areas. There is an aspect related to shelter that individuals do not wish to reside in the same area if there is a fear for them to live in the same area.Somebody on the west side was fearful because of the community they lived in and the individual would wish to live in an area away from that area.Most of the people that we serve come from here and the surrounding areas.We do have people that come from other areas, even out of state at times.One of the things that hampers other people in moving REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 21 OF 32 from one place to another, and they get quite a few calls, is the lack of transportation.If they are to find meaningful work, and want to reside somewhere else after they get out of the shelter, they have that aspect to deal with in continuing their job or something else.The transitional housing is actually a step up from where they are right now.They have a shelter now; the transitional housing is to transition the people back into the community.The shelter has more safeguards related to safety for the concerns of the individual.The transitional housing is a vehicle to get them to transition from that back into the community.It gives them temporary housing and allows the organization the opportunity to provide them with ongoing services to strengthen their ability to sustain themselves after they leave our project. Councilmember Barker commented if she understands him correctly, he is saying that the clientele that would avail themselves of this transitional housing would be local people. Mr. Ed Contreras stated most of them would probably transition back into this community. They would be giving them shelter for the time being so that they could get some more skills on hand, find work and be able to support themselves.For most of them, that would mean living within the surrounding community. Vice Mayor Eck asked if there is a time limit as to how long they can live in the transitional housing. Mr. Ed Contreras stated the transitional housing has a time limit imposed by the state.It is in flux at times.They are looking at it to be no more than six months at the maximum for an individual to be there. Currently, the people in their shelter are there for about 45 days on average.They do have some that go further out. Vice Mayor Eck commented he stated most of those people will transition into a nearby surrounding area; that is the higher percentage. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 22 OF 32 Mr. Ed Contreras stated that is correct.That is mainly because they are without transportation.It makes it very difficult for them to move to a different locale.They have to get something close by and look for housing or shelter within the surrounding area. Councilmember Barker asked how many people this project would house. Mr. Ed Contreras stated they envision it would be about 6 rooms so it should house 6 families.It would depend on the size.Sometimes they are a lot larger so someone might take up the whole trailer.Their current trailer is a two bedroom.Considering the size of the family, there could be only one per trailer.They would not take anyone that would not fit into one trailer. Councilmember Serdy asked if the people they are helping are not from this community.They would have to rely on other communities to help the people from here. Mr. Ed Contreras stated sometimes they do.They have individuals that are here that would prefer to move elsewhere as they have ties in the community that could lead them to their location here.They have to be mindful of that. Councilmember Serdy asked how they could ensure that Apache Junction residents are taken care of when we are taking care of others. Mr..Ed Contreras stated when Apache Junction citizens are requesting that they go elsewhere, they have a state framework that they belong to where individuals are tied :to another shelter:.In most cases, they do not have anyone that goes without.It would only be a temporary situation.Theylaadito turn away 500 people last year because of the amount of requests they had.They had no more room. Other shelters have that problem at times and they try to work with that as much as they can It is -,not a small problem. REGULAR! MEETING OF THE CITY COUNCIL DECEMBER 15, 2009: PAGE 23 OF 32 Councilmember Serdy commented he wanted to make sure that the people in our community that need the help are getting the help. Councilmember Dietz commented they are getting help by getting transferred out to other areas. The other areas help the residents of our community. Mr. Ed Contreras stated a lot of times they are people from your community, but they need time to adjust.It is a small fraction of the use of this facility. Most of the use is either right here in Apache Junction or in the surrounding communities nearby.It is a small portion, maybe 10% or 15%, that come from elsewhere that they have to work with and transition out. Councilmember Dietz commented that the majority are from here. Mr. Ed Contreras stated that their stays are shorter normally.The people that come from outside tend to transition quicker than people from this area or the surrounding area. Councilmember Wilson asked how much of the $280,000 is the land cost. Mr. Ed Contreras stated they have not talked to the individuals.They had envisioned selling the property, but they want to sell it as a whole.He believes it is 1.25 acres and that it is somewhere in the neighborhood of $100,000 or a little more. Councilmember Wilson commented it would be $180,000 for the .two trailers. Mr. Ed Contreras stated the city asked him to ask for the maximum when he made the application.It is possible it may not cost that much.He does not know exactly.They would be looking at 2 more manufactured homes and the site would have to be made up so that they could be brought in and set up.They were given the manufactured home that is on the lot now and it was valued at roughly $25,000.It REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 24 OF 32 would have cost them a lot to move it from the site to sell it so that is one of the reasons it was donated to them by the couple. Councilmember Coleman asked if three manufactured homes on 1.25 acres would require the land to be split. City Attorney Joel Stern stated the requirement would be it would have to fit with the zoning.Heather would have to get involved with that before it is awarded. Mr. Ed Contreras stated he has spoken to zoning and has been advised he will have to meet with them.They may be able to fit under a portion of the zoning requirements that would not require them to split the acreage because of its use. City Attorney Joel Stern asked that a representative of development services come up and explain the zoning issue. Senior Planner Rudy Esquivias stated if they are looking at a 1.25 acre property, they would probably have to do a rezoning and a land split.There are additional costs involved in that, depending on how the lot is oriented.All parties would have to have street access.Unless there are existing street improvements in this area, it may be difficult to create 3 parcels out of 1.25 acres.If it is in a low density area, it will be difficult to rezone.There are a number of zoning issues that may come up.They need to look at what property it is, where it is at, what are the existing improvements and can it be done.He does not have that information right now. Councilmember Dietz commented how can they without knowing what the zoning is, where it is or what is going on. Councilmember Barker commented it almost seems to her in hearing all this that this is one project our VISTA person can be working with to find REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 25 OF 32 funding mechanisms for them as they determine what the problems are so that they know exactly what they need instead of just estimating. Vice Mayor Eck asked if they know the specific property. Senior Planner Rudy Esquivias stated he does not know which one it is. Vice Mayor Eck commented it is a confidential thing. Mayor Insalaco commented he cannot give us the address. Councilmember Barker repeated that this seems like it would be a good one for the VISTA worker to look into and help them find some funding for it. Program Coordinator Heather Patel stated she wanted to point out that this application is due next winter.If they are feeling that this is a project they would like to move forward with, they can pursue and move forward with all the other options and get everything in line to submit the application.At this point in time, it was not necessary to go through planning and zoning and do all of that stuff for the sake of discussing the project.This is still an option but they can put it on hold if the council wishes to do that. Councilmember Barker commented if they are going to put this one on hold, she would like to know approximately how many sewer connections could they get out of this figure.They would like to apply the funds to help as many people as possible.It is important, if they are asking for funds, to do as much as they can with those funds. Vice Mayor Eck commented from personal experience he would say about 20. Program Coordinator Heather Patel agreed.It would be between 15 and 20 dependent upon REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 26 OF 32 where the sewer line exists for them to hook up to.The construction costs will probably vary. Councilmember Serdy asked how they would decide who would be eligible for that. Program Coordinator Heather Patel stated it would be very similar to the housing rehabilitation program.People would apply and provide income information to show that they are low to moderate income based on the state's requirements.That is how they would help them. In essence it is first come, first serve for whoever provides the information. Councilmember Dietz commented they could also choose to go with the full $300,000.If they went for just the sewer connections they are not limited to the $200,000. Program Coordinator Heather Patel stated we are not limited, but there is an 18 month time period in which the money has to be spent.Realistically, given what they could do, it was more comfortable to settle for 15 to 20. Councilmember Coleman asked her to tell the council about the commercial rehabilitation project. Program Coordinator Heather Patel stated it is similar to the housing rehabilitation program.We would have to make guidelines for how business owners could apply to the city.It could look a variety of ways.The intention is to do façade improvements, American Disability Act accessibility for buildings, some signage and site improvements.There are a variety of things they could do. They would lay them out in the guidelines.They could make it a grant or a loan.They could require that they provide some sort of leverage to it.There are a variety of options.They could make requirements that it be occupied by a business and that they must have been in business for a certain amount of time so that they can ensure it will be occupied and generating revenue. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 27 OF 32 Councilmember Dietz commented they can put this one on hold and come back and visit it. Mayor Insalaco asked when they should come back and visit it. Program Coordinator Heather Patel stated she did not know the timeline of when planning and zoning would work into these.She suggested coming back in June or July. Councilmember Serdy asked what they would do if the commercial people did not want to be rehabilitated.He could think of some that need it but he does not think the owners think they do. Program Coordinator Heather Patel stated the business owner would apply; the city would not strong arm them into doing it.In preparation for this application, we would seek out those people who wish to participate.That way they would have a solid number of properties.They could also identify how much they are willing to invest in each property.It could be $20,000 or $50,000. They could then find the appropriate number of businesses that wish to participate. Mr. Ed Contreras commented they have questioned the project and he understands what the city manager is speaking to.He did go over to the offices and talked to an individual over there that gave him the article related to GR-General Rural zoning, which is what that property is in.It indicated =within that.boundary that a public or quasi -public use could fit into that area and not have to be subdivided.Under that it lists community service agencies, and they would fall under that area, he believes. Councilmember Barker:asked if that would be a public or quasi -public use. City Attorney Joel Stern stated it sounds residential and he thinks they are getting a little too detailed on this one. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 28 OF 32 Mr. Ed Contreras commented he does not want to confuse the situation, be he had some furtherance on this.Because of the situation of coming to the council tonight, he did not believe he had to go any further on this before he got a fix on this particular issue.The individual had said once the council proceeds on this, his suggestion was to meet with the planning department and have the other departments associated with the decision tell him what the ins and outs are to have that facility.He did do due diligence in coming before the council and before they make the project part of their application.He did not want them to think that they had not thought about this as far as going any further. Vice Mayor Eck commented he hoped they would go for the most money on the first State Special Projects.If they only go for the $100,000 and they are only allowed one project, he would prefer to put that $100,000 into the Community Development Block Grant and go for a larger amount under the State Special Projects.That way they might get more funding.He asked if they understood what he was saying. The council consensus was they did not. Vice Mayor Eck commented under the State Special Projects they are only allowed one project.If they can get up to $280,000, they would only be asking for $100,000. Mayor Insalaco commented Heather had already mentioned that the lower number has a better chance of getting it as it will spread the money out to more people. Councilmember Wilson asked if the study that they are looking at getting done is an estimate of $100,000 or could it be even more. Program Coordinator Heather Patel stated it is anticipated to be a little bit less but she included administrative costs.It certainly will not be above $100,000. REGULAR MEETING OF THE CITY COUNCIL DECEMBER '15, 2009 PAGE:29 OF 32 Mayor Insalaco closed the discussion with no further coMments and called for a motion. Councilmember Dietz MOVED THAT STAFF BEGIN THE PREPARATION OF THE APPLICATIONS AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION ON THE FOLLOWING PROJECTS DESIGNATED FOR THE FOLLOWING FUNDING OPPORTUNITY:FISCAL YEAR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DOWNTOWN PLAZA OF $280,000; AND FOR THE 2009 STATE SPECIAL PROJECTS THE FEMA PROJECT FOR $100,000; AND THAT WE POSTPONE THE 2010 STATE SPECIAL PROJECTS AT THIS TIME. Councilmember Wilson SECONDED THE MOTION. VOTE:6-1 (Vice Mayor Eck voted in opposition.) OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 4, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, JANUARY 5, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 30 OF 32 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding transportation and possible petitions. Councilmember Coleman stated Mr. Fisher was referring to a comment he made in a newspaper article about the trolley experiment in 1995.He had been asked by the paper if the city had ever tried public transportation before or had any form of public transportation.He mentioned that.He apologized if he had upset Mr. Fisher.He does listen to the voters and he wished he would. Vice Mayor Eck commented he does not believe the city funded anything in 1995 but through our current grant program $45,000 was given to basically public transportation for the handicapped people and seniors. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:40 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of December 1, 2009. 3. Consideration of an extension of the Professional Services Agreement for Economic Development with the Apache Junction Chamber of Commerce. 4. Consideration of approval of the submittal of a Fiscal Year 2010 State Housing Fund application to the State of Arizona, and the approval of Resolution Nos. 09-53, 09-54 and 09-55. 5. Award of Project PW 2009-11, Public Safety Parking Lot Expansion in an amount not to exceed $154,957.76. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 31 OF 32 6. First amendment to software license agreement with VisionAir, Inc. in an amount not to exceed $21,000.00. 7. Fourth amendment to Cable System License Agreement between Mediacom and City of Apache Junction (Temporary Extension). 8. Consideration of closing city offices on December 24, 2009, and providing city employees with 8 hours of temporary personal leave for the day subject to certain restrictions and limitations. ACCEPTED THIS 5TH DAY OF JANUARY, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF JANUARY, 2010. 'JOHN S. INSALACO Mayor 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 15th day of December, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th of December, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 32 OF 32