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HomeMy WebLinkAbout2007-04-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 3, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 3, 2007, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:12 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Library Director Pam Loui Development Svcs. Director Brad Steinke Community Relations Mgr. Pat Brenner REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 1 OF 29 Others Present:Assistant Planner Todd Kennedy Senior Planner Rudy Esquivias Economic Dev. Director Steve Filipowicz Planning Manager Fred Baker Public Works Manager Shane Kiesow Assistant Planner Yanet Ochoa Asst. to the City Manager Ruth Giese ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT PROFESSIONAL SERVICES AGREEMENT BETWEEN PIPERJAFFRAY COMPANY AND THE CITY OF APACHE JUNCTION FOR FINANCIAL ADVISOR SERVICES IN AN AMOUNT ,NOT TO EXCEED $55,000 ANNUALLY BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR PROJECT NO. PR -07-01, DESIGN AND INSTALLATION OF BLEACHERS AND COVER AT THE APACHE JUNCTION RODEO PARK EVENT CENTER BE AWARDED TO SOUTHERN BLEACHER COMPANY FOR PERMANENT COVERED GRANDSTANDS IN THE AMOUNT OF $441,950 PLUS AN ADDITIONAL $8,050 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $450,000; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR PROJECT NO. PR -07-04, LANDSCAPE MAINTENANCE FOR RENAISSANCE POINT, ARROYO VERDE, PHELPS DRIVE AND IRONWOOD COVE, BE AWARDED TO MARIPOSA HORTICULTURAL ENTERPRISES INC. IN THE AMOUNT OF $85,156 PLUS AN ADDITIONAL 10% IN THE AMOUNT OF $8,515.60 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $93,671.60 BE APPROVED; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 2 OF 29 AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Coleman presented certificates of achievement to the 23 graduates of the ninth Citizen Leadership Institute. CALL TO THE PUBLIC Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council to apologize for a comment he made at the last meeting. Ms. Phyllis Niemela, 18345 E. El Amancer, Gold Canyon, addressed the council on behalf of the Friends of the Library to voice their support for the approval of the library expansion project. Mr. Dan Wald, 560 N. Rennick, Apache Junction, addressed the council regarding a sporting event. Mr. Ray Blevins, 730 W. Southern, Apache Junction, addressed the council to request permanent help on the flooding issue in his neighborhood. Mrs. Rayna Palmer, 567 W. Apache Trail, addressed the council to introduce Ariel Ohler, the new contract service manager for the Main Street Program and the Community Development Corporation. Vice Mayor Eck commented the city is putting a project together on the Ray Blevins flooding issue that is to be on the shelf for future Community Development Block Grants. Councilmember Severs thanked Mr. Blevins for being so patient and he hoped they would be able to figure out a way to help him. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Sippel apologized to Councilmember/Mayor-elect Insalaco for comments made immediately after the election. CITY MANAGER'S REPORT None. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 3 OF 29 PUBLIC HEARINGS RESOLUTION NO. 07-15, AUTHORIZING THE LOAN REPAYMENT AGREEMENT FOR THE LIBRARY EXPANSION PROJECT Assistant City Manager Bryant Powell briefed the council on the item.He stated this approves the form and authorizes the execution and delivery of a second loan repayment agreement and continuing disclosure, undertaking accepting a loan from the Greater Arizona Development Authority pursuant to the loan repayment agreement. It allows them to move forward with the agreement and continue the expansion of the library. Mayor Coleman 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 discussion, he called for a motion. Councilmember Sippel MOVED THAT RESOLUTION NO. 077 15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND LOAN REPAYMENT AGREEMENT, A FINANCIAL GUARANTY AGREEMENT AND A CONTINUING DISCLOSURE UNDERTAKING; ACCEPTING A LOAN FROM THE GREATER ARIZONA DEVELOPMENT AUTHORITY PURSUANT TO SUCH LOAN REPAYMENT AGREEMENT IN AN AMOUNT NOT TO EXCEED $4,000,000; AUTHORIZING THE APPROVAL OF THE PORTIONS OF AN OFFICIAL STATEMENT DESCRIBING THE CITY AND THE DISTRIBUTION THEREOF; DELEGATING TO THE CITY MANAGER THE AUTHORITY TO DESIGNATE THE FINAL INTEREST RATE, MATURITY DATE, PRINCIPAL AMOUNT, PREPAYMENT PROVISIONS, AND OTHER MATTERS WITH RESPECT TO SUCH LOAN REPAYMENT AGREEMENT; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Severs SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 4 OF 29 VOTE:Unanimous. The motion carried. ORDINANCE NO. 1286, ESTABLISHING LOCATIONS FOR "NO PARKING" SIGNS ON PUBLIC RIGHTS -OF -WAY )Public Works Manager Shane Kiesow briefed the council on the item.He stated the need for no parking signs on the west side of Cortez was discussed at a work session a month ago, with direction given the next night to move forward with the ordinance.This addresses safety issues of sight distance with residents of Cortez Ranch and Arizona Goldfield pulling out onto Cortez with parked vehicles in the area.The parked vehicles have also been encroaching on the thru lanes on Cortez which is dangerous for the traffic on Cortez, especially when the recreational vehicles are parking there.There have also been issues of overnight campers on the road with their recreational vehicles. Councilmember Severs asked if there would be a 30 day warning period. Public Works Manager Shane Kiesow stated they have to have a 30 day warning period.There was also direction to staff to deliver flyers so that will also be done to residents in the area.They also usually put an information placard on the roadway advising no parking along that side for those people who may not get the flyers. Mayor Coleman 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 discussion, he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO. 12436 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE.WAIVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 5 OF 29 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. -City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO. 1286, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CASE PZ-3;-07 v APPEAL. OF ,LANDSCAPE AND SCREENING REQUIREMENTS/ ORDINANCE NO.. 940, REQUESTED BY CRAIG BOSWELL -OF'QUIKTRIP' CORPORATION'TO'WAIVEREQUIREMENTS!, TO UNDERGROUND EXISTING ELECTRIC ,• UTILITY LINES )-Senior Planner Rudy ESquivias• briefed:the ,council on the item.He -stated the applicants_are requesting that the requirement to underground adiatent'121:KV lines:be-waived.' At -the -work session last night. the original staffrecommendationwas-,discussed along • withsome- . options .based on -discussion at thelest:regular meeting.A'. follow-up ;telephonic -meeting was held,withthe applicant today_ and the applicant:wotildlike to,discusssome•possible options with the,council[this-evening.Staff.isrequesting some f011ow— up .if need be., REGULAR MEETING OF-THECITY COUNCIL APRIL 3, 2007 PAGE 6 OF 29 Mayor Colemen requested the applicant address the council. Mr. David Chzeski, 11811 N. Tatum Boulevard, Phoenix, addressed thecouncil.He stated this item was continued with the hope that QuikTrip would come back with some mitigation options to offset the undergrounding of the utilities.They looked at additional'landscaping and some other features.At the work session last night it was brought up that the city possesses some aesthetic funds they may be willing to contribute to enhance ,a key corner.He met with QuikTrip management to discuss .a compromise this morning, subsequently followed by a telephonic meeting with city staff.He believes they have a compromise that will allow QuikTrip the ability to move forward and build the site, bring a :new business into the city, and accomplish the undergrounding of the lines.The proposal is entering into a development agreement with the city to underground the utility lines along Idaho Road as they cross Old West Highway and along the Old West Highway frontage in exchange for the city's contribution from the aesthetic fund in the amount of $125,000; the complete undergrounding is described as taking the existing overhead utilities from the north side -of Old West Highway at the pole right by the Chevron, undergrounding them on Old West Highway inclusive of the pole on QuikTrip property, which would ultimately tie into an existing underground utility that feeds the development to the west, including undergrounding the utilities from what would be the extreme southeast corner of the QuikTrip property along the frontage along Old West Highway inclusive ofthe pole on the property now which would be ultimately removed.QuikTrip would construct its facility based on plans, site plans, canopies and building elevations that staff has -reviewed and discussed this morning.The site plan has substantial changes from what was previously submitted.The building elevation has very good architectural characteristics on the front and rear of the building.The canopy ties in the features of the canopy and building in colors, textures, and type of materials.The canopy columns will be completely masonry.and the side will be ephus product which is similar to stucco and has 2reat wear characteristics.QuikTrip shall add additional landscaping on REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 7 OF 29 the south end of the building along Idaho Road.At the corner they have agreed to add additional landscaping at the perimeter and along the back of the building to break up the building. There is a 2' to 3' elevation difference between the center floor of the elevation and the road grade of Idaho; the additional landscaping and the enhanced elevation of the building will give a nice perspective to northbound traffic. The code would require 31 trees on the property; they are proposing 42 trees which are about 30% more and they will all be put in the rear area.They are also discussing an enhanced feature of either landscape or hardscape at the immediate corner of Idaho and Old West Highway.QuikTrip will also be doing the road improvements of curb, gutter and sidewalk around the corner.They will work with staff on the fine details of the landscape/hardscape improvement.They are thinking of seating and additional paving so that people can walk to the seating area, plus an additional sidewalk they could have as a short cut through the landscaped area.All lighting under the canopy will be flush mounted.As this is in a redevelopment area, QuikTrip agrees to seek development impact fee reimbursement with the understanding that they must file an application and it is subject to staff's review and approval. Councilmember Waldron asked what the balance is in the account and if there are any projects coming up where we would anticipate using additional monies for other than this project. Assistant City Manager Bryant Powell stated the balance in the account, a Salt River Project account, is $180,000, and he is not aware of any anticipated projects next year in the capital budget. Vice Mayor Eck asked if the development fee being referred to is the roadway issue. Assistant City Manager Bryant Powell stated the current ordinance passed is not a reimbursement.It is an actual waiver of the road impact fee, which is one portion of the commercial impact fee. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 8 OF 29 is what he is referring to. Powell stated he believes so. roads, police and general gove they do not receive the road p portion is around $12,000. Vice Mayor Eck asked if that Assistant City Manager Bryant In commercial cases, they impact rnment.In the redevelopment area ortion.In this case, the other City Manager George Hoffman asked what the amount being waived is. Assistant City Manager Bryant Powell stated the total amount is $92,000. Councilmember Dietz asked how much of that is the road development fee. Assistant City Manager Bryant Powell stated typically 85% of that is the road fee.That is the portion that tends to get development in the downtown. Councilmember Dietz commented he understands there are not a lot of areas in the city where they can get that kind of savings for development coming in. Assistant City Manager Bryant Powell stated it is a significant incentive. Councilmember Dietz commented they would be getting an additional amount they do not have to pay besides the $125,000 of the city money to help them underground. Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Eck commented he thinks all the fees for the downtown area should be discussed at a council forum.He added he thinks it is a very good proposal. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 9 OF 29 City Manager George Hoffman stated this is the first he has seen this.He requested the city attorney address whether a development agreement would trigger the need for a financial analysis or a vote requirement. City Attorney Joel Stern stated under A.R.S. § 9-500.11, Expenditures for Economic Development, the city could enter into a development agreement. He does not see any tax refunds or municipal tax liability issues of any kind for these proposed deal points.It appears to be a retail development tax incentive agreement.Mr. Hoffman was referring to a situation where tax monies could be paid back and a third party would be needed to assess whether the city is getting over 50% of the benefit.He does not think it would based on what he sees.It will probably be a regular economic development agreement where they could make these deal points. It is negotiable.Development fees are typically paid upon construction; these fees would be applicable but they are exempted under this downtown redevelopment area.He believes it would be negotiable if the council wants to negotiate these types of points. Mr. David Chzeski commented, he has been told by staff that they would need to applyfor the development fee waiver as a request for review.Based on certain site criteria, such as quality of design and. improvements and so forth, -the staff would give' it a rating. The .rating dictates the extent of the impact fee credit.It is their understanding that the fees are paid up front as part of the building permit process and, based on the rating, a percentage of those fees would be rebated or credited back to the developer.He does not know what the actual number is today; it is based on staff's review. Councilmember Sippel commented this is good dialogue but this is something they may want to continue again because it sounds like staff is just now seeing this portion.They need to get together and decide the steps and process that they need to move forward on to put this REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 10 OF 29 together.He assumed they were here tonight to show their. proposal. Mr. David Chzeski stated based on their discussion last night they were going to try to meet with staff this morning.This could be an approval of the waiver subject to conditions or a withdrawal of the waiver and a grant of something new; they are willing to work with staff to make this happen procedurally. Mayor Coleman commented his intention is to deny the waiver request and direct staff of their intention to enter into a development agreement including these points.He liked the points. City Manager George Hoffman stated it would be an economic development agreement and they would use this as an outline to negotiate the agreement that. would come back for their consideration. Councilmember Dietz asked_if. they could deny it with: the following: additions. City Attorney Joel Stern' stated when they deny: it; it is denied.However, they can then do 'a new motion to direct staff to meet -withthe ,.developer and come :up with something acceptable to be -brought back to the council, or they could:have an executive session in case there Are legal issues on ths,language-.They,coulcUthen bring it ,back; for -council consideration; Mr. David Chzeski stated they would rather. have the right to withdraw instead of having it denied.They have:some:.issues on hbw,thiS:could be procedurally : handled in the future. Mayor Coleman asked if they, could be allowed to-withdraw their waiver request. REGULAR MEETING OF THE CITY 'COUNCIL,. APRIL 3, 2007 PAGE 11 OF 29 City Attorney Joel Stern stated they could.They could do a motion -that accepts the withdrawal and then directs staff to -meet with the developer and come back with other points and have an executive session. Councilmember Waldron asked if this needed to be brought back on a date certain. City Attorney Joel Stern stated it does not. Mayor Coleman opened the public hearing. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He stated he walked the property -to confirm there are drainage issues, and there are quite a few.There are large drain tubesin the front going to a-culvert.The lowest part of,the property is about 6' below the road; a lbt of water could build up.There is another one further into the property.He urged the council to do what is necessary to have QuikTrip improve -the property. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated the business and property owners would like to see this developed.He encouraged the council to find solutions and partner like this in the future. Mrs. Rayna Palmer, 6735 S. Hohokam Way, chief executive officer:for Main _Street Program and the Chamber of Commerce, addressed the council.She read from a letter that the Main Street Program iS -in support of aesthetics improvements.They are honored to have QuikTrip attracted to Apache Junction. Mayor Coleman closed • the public hearing with -no -one -else,wishingto ,speak.He reopened: the item to. councilidiscussion.There-being,mo further discussion he called for :a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 . PAGE:12 OF 29 Councilmember Waldron MOVED TO ACCEPT THE'WITHDRAWAL OF THE APPEAL BASED ON THE REQUEST OF THE APPLICANT; AND THAT WE DIRECT STAFF TO MEET WITH THE APPLICANT AND DRAFT AN ACCEPTABLE AGREEMENT BASED ON THE PROPOSAL PRESENTED, AS WELL AS WORKING WITH THE RECOMMENDATIONS FROM STAFF. Vice Mayor Eck SECONDED THE MOTION. There was general discussion as to whether this had to be continued to a date certain.The city attorney determined it did not. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1293, CASE PZ-1-07, REZONING REQUEST FROM GR TO CR-3/PD AND TO Rl/PD BY GARY THAYER )Assistant Planner Yanet Ochoa briefed the council on the item.She stated this is a 23,878 net square foot nonconforming lot being rezoned from general rural for a duplex by planned development and a single family conventional home by planned development.The applicant proposes to improve sewer, electric and water.He is asking for a waiver on street improvements as there are currently no sidewalks or curbs in the vicinity.The planning and zoning commission conditioned the plan to provide driveway access to a 3 vehicle carport for the duplex tenants.A 1,900 sq.ft. single family conventional home is proposed on the east side of the property.The lot will be split into 2 lots.The planning and zoning commission unanimously recommended approval with an amendment do condition 4 concerning the carport. Councilmember Dietz asked if •the changes to condition 4 are included in the ordinance itself. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 13 OF 29 Assistant Planner Yanet Ochoa stated that is correct. Mayor Coleman requested the applicant address the council.The applicant declined unless there were questions. Councilmember Waldron asked the applicant if he was comfortable with the conditions of approval. Mr. Gary Thayer stated he was. Vice Mayor Eck commented it looks like a beautiful project for the area. Mayor Coleman 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 discussion, he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1293 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1293, AS READ BY THE CITY CLERK, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 14 OF 29 Coundilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. AN -1-07, ANNEXATION OF PROPERTY LOCATED AT HIGHWAY 88 BETWEEN GOLDFIELD AND NODAK ROAD )Senior Planner Rudy Esquivias briefed the council on the item.He stated staff requests the removal of this item from the agenda this evening as they received a very good survey map with updated legal descriptions from the applicants and the legal descriptions that had gone out on the blank petition that had been recorded are not up to date.Each step in the procedure must be accurate as the only thing an annexation can be challenged on is the procedural matters.They will need to start the process all over again and they will be back in a month with a new petition. The applicant agrees they need to do it right. Mayor Coleman asked if they had invited any others in that area who may be interested in joining the annexation request. Senior Planner Rudy Esquivias stated that is something he would like to talk to the applicant about tomorrow.The other issue is that the area to be annexed has to be a certain width adjacent to the city limits and it can be twice the length.There are some issues about configuring the annexation area.If they can include a couple of other properties, they can pick up the whole thing at once and save some time and effort down the road. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 15 OF 29 Mayor Coleman asked if they had to have the public hearing. City Attorney Joel Stern stated because_the-legal _description i6.inaccurate, if it were challenged it:would be a technical violation ,.of the annexation law so the hearing would be in violation.of :state law.It would not count toward the'annexation.He does not think they can have the public.hearingdue to .the legal -description problem. Mayor Coleman closed the discussion and moved on to the next item. RESOLUTION NO. 07-16, DECLARING "THE 2007 EDITION OF THE TAX CODE OF THE CITY OF APACHE JUNCTION" A PUBLIC RECORD; ORDINANCE NO. 1294, ADOPTING BY REFERENCE "THE 2007 EDITION OF THE TAX CODE OF THE CITY OF APACHE JUNCTION ) VCity Clerk Kathleen Connelly briefed the council on the item.Last year as part of the budget process the council approved the concept of going to self -collection of city sales tax for a number of reasons. Staff has been working diligently to put all the pieces in place in order to start collecting our own sales tax on July 1.Two portions of the city code must be amended.Chapter 8A is the- tax code portion that is mandated by state law and when we switch from being a program city to non -program city the actual language to be adopted is also mandated.This ordinance extracts the language that makes Apache Junction a program city and inserts the language and regulations that make Apache Junction a non -program city.The resolution declares it a public record and the ordinance adopts the changes by reference. Councilmember Dietz asked if thiswould be a more accurate collection process for the city, as far as getting, the amount of :revenue that is due the city. REGULAR MEETING OFHTHE'CITYCOUNCIL APRIL 3, 2007 PAGE 16 OF 29 City Clerk Kathleen Connelly stated she believes so.People in general, if they know there is someone there local that they can callon the phone, they tend to be more -diligent.Staff will be able to catch the errors through the programs available.If the numbers do not add up, they can iMmediately call the person.There is also not the middle person that the funds are passing through.This created a time lag.and the state was extracting money from us to pay for their: computer system.'This will save the city that payment. Vice Mayor Eck commented that being a customer he would say yes as it is easier to come here and pay it.The convenience will make a large difference. City Clerk Kathleen Connelly stated they will be able to issue the taxpayer identification number from the front desk.Currently they can mail it to Phoenix which:takes 4 to 6 weeks, or they can -drive to Phoenix or Chandler.There is currently no accommodation for the taxpayer. Vice Mayor Eck asked if a person is behind in their taxes and they know this change is coming up, can they wait to pay their taxes or should they pay now. City Clerk Kathleen Connelly stated if someone is behind on their taxes and they know they are behind, the interest is accruing daily so it would be better to do it now than to wait.There will not be any difference in the interest rate as that is mandated by state law.If it is done sooner than later, they will pay less interest. Mayor Coleman 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 discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 17 OF 29 Councilmember Waldron MOVED THAT RESOLUTION NO. 07-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 2007 EDITION OF THE TAX CODE OF THE CITY OF • APACHE JUNCTION"; AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1294 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO. 1294, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 18 OF 29 None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CREATING A CITY -SPONSORED ADOPT -A- SENIOR PROGRAM )Councilmember Dietz briefed the council on the item.Staff is looking for direction to research further and to look at the costs.He will be meeting with Assistant to the City Manager Ruth Giese and East Valley Senior Services Executive Director Dan Taylor next week. Scottsdale's estimated yearly cost is $12,000 to $13,000. Assistant to the City Manager Ruth Giese stated staff did a rough estimate of the current salary for the person who runs the program in Scottsdale.She only does it 60% of the time twice a year.Her portion is estimated at $12,000 plus an estimated $1,800 for her benefits. It would be roughly $13,800. Councilmember Dietz stated they would be looking at something like that through East Valley Senior Services for now.They could maybe have adopt -a -senior during the holiday and during the summer sometime also. Assistant to the City Manager Ruth Giese stated that is correct, and their meeting with Dan Taylor is next week. Vice Mayor Eck commented he went with the meals on wheels and delivered lunches to seniors. He got to speak with a lot of the people who work with the program.They acted like they already have this, like a Christmas tree, in place already.He told them one of the councilmembers wanted to do this program.He suggested they talk to them to determine what they already have in place. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 19 OF 29 Assistant to the City Manager Ruth Giese stated they have not talked to them but they will be meeting with them next week to present the program and see what is already in place. Vice Mayor Eck commented they can always use more.What he really likes is their trying to communicate with those who really need it.It is sad to do the meals on wheels as for some of them they would not have any contact with other people if it were not for that program.Any way to get these people to communicate with others would be great. Councilmember Dietz commented it is a great opportunity for them to get into some of these peoples' homes and assess their additional needs.They can give them additional assistance. Councilmember Severs commented there is a new organization in town called "A Blanket of Hope".It is a nonprofit organization that is very large back east.The woman who created it has moved here and it is starting to take off here.He will get them her information so that they can contact her.There are 3 portions; the biggest portion is help for seniors with baskets of necessity items that have been donated and are delivered to seniors.He thinks it would be nice to put it in with this program. Assistant to the City Manager Ruth Giese stated it sounds like a similar program and they might be able to work with them to enhance it. Mayor Coleman closed the- discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CREATION OF AN ADOPT -A -SENIOR PROGRAM:TO PROCEED WITH LEARNING ABOUT THE BLANKET OF HOPE PROGRAM AND OUTREACHING TO EAST VALLEY REGULAR MEETING• OF THE CITY COUNCIL APRIL 3, 2007 PAGE 20 OF 29 SENIOR SERVICES TO DISCUSS POSSIBLE INVOLVEMENT AND POTENTIAL. CONTRACT AMENDMENT. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COMMUNITY LEADERS YOUTH PROGRAM )Councilmember Dietz briefed the council on the item.He stated he would like to get the youth in the community that are interested in government and how it works to be involved in a leadership program with mock city council .meetings once or twice a year.There are things out there that different cities are doing.He thinks it is important as these are the future leaders of the community. Councilmember Sippel commented:he iS-:a huge proponent of what Councilmember Dietz: wants to do.Last year's national League president was hugeon this, having:delegatesand programs for-them— Councilmember Dietz commented the Leaguedidlit atthe -Pinal County -Town Hall last year.He thinks it isla great:program. Councilmember Sippel icommented he would like -to work with him -on ;this. City -Manager George Hoffman asked if he:wanted:staff to research all:the alternatives and come back with information, or would he like :staff to workHaith - the councilmembera to draft several programs ,and bring those: back. Councilmember Dietz commented :they coUld,sit down together and,do it --and look at what out: there There ie-a-,shadow program some use where the high school REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 21 OF 29 students ,: come.in -and !shadow different .staff members tosee::how things operate.There are a number:.ofdifferent thingsthey,can do.He would:like:staff to lookmat:it and see what is,available. and viable Vice !Mayor Eck commented . there is enoughthere for staff to -look:at what is out there; Councilmember Sippel commented they do not have to look at them all.They could start with Pinal County and the national one. Mayor Coleman suggested! possibly; what League :President Jeff Hunt has done in the:past: Councilmember Dietz commented he -talked. with -Tess Nesser about:it and .learned they have .a program in:the .BOys:and :Girls Club that they could also:look into. Councilmember Severs , commentedhe:wouldlike ;for the councilmembers to go out themselves:and -get some ideas and present them to staff before they have staff get :involved in this.They could give them 2;or: 3 ideas.Between what CouncilMembers,Sippel and Dietz and: the. mayor, plus himself,:they could come up with an amazing program amongst themselves Councilmember Dietz commented; that is what:.hemeant; for the cOuncil'to get together and come up with ideas and then work with staff: COuncilmember Severs stated he mould:like-to be:involved in: any way he:can. Vice Mayor Eck commented he agrees with;thiS:but .he :thinks it -would:be good for staff to mediate or take control of it. REGULAR MEETING OFTHE-CITY COUNCIL; APRIL 3, 2007 PAGE 22 OF 291 City Manager George Hoffman commented it appears there are several councilmembers interested and there are several alternatives that can be researched. Staff can then work with the councilmembers to draft some programs to be brought back to the council as a whole. Vice Mayor Eck commented unless someone wants to volunteer to be the middle man, there must be some direction to staff to have staff control it. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CREATING A COMMUNITY YOUTH LEADERSHIP PROGRAM:RESEARCH ALTERNATIVES, AND WORK WITH THE COUNCILMEMBERS TO BRING BACK A FEW MODELS THAT THOSE COUNCILMEMBERS WOULD RECOMMEND TO THEIR PEERS FOR POSSIBLE CONSIDERATION. Councilmember Sippel SECONDED THE MOTION. Vice Mayor Eck commented he had mentionedthe youth work program for seniors; the school' helps them find positions with different companies.When hewas at the water company, they had a girl who worked half days, learning something about water utilities and getting paid for it. Councilmember Sippel commented that is more of a work program, but they do get school credit for it. Councilmember Dietz commented they are paying them $6-.25 an hour or $6.50 an hour and it is so many hours during the summer. Vice.Mayor Eck commented he would like them to take. a look at that also. REGULAR MEETING OFTHE CITY COUNCIL APRIL 3, 2007 PAGE 23 OF 29 VOTE:Unanimous. The motion carried. SUSTAINABLE BUILDING STANDARDS FOR MUNICIPAL BUILDINGS AND POSSIBLE SUSTAINABLE STANDARDS FOR COMMUNITY DEVELOPMENT )Councilmember Dietz briefed the council on the item.He stated he would like to have an ordinance that any future municipal buildings with the community facilities district should be an example with what we have done with the multi-gen and the city complex as far as building green.Especially with the global warming.The city needs to take the lead on this as it did in getting the first LEED municipal building certified.They should also look at energy star efficient residential buildings.It would be a real good selling point.It will end up saving them energy costs in the long run.And they could have xeriscape landscaping. Assistant City Manager Bryant Powell commented there could also be tax credits. Councilmember Dietz added there would be water conservation with xeriscape. Mayor Coleman stated Payson has an ordinance about using the waterless urinals and others. They paid for businesses to retrofit theirs.They used a grant program.That could also be part of it. Councilmember Sippel asked if the library expansion has a green component to it. Assistant City Manager Bryant Powell stated.the library:expansion'has a remodel.The LEED is a program under the U.S. Green Building Council.The existing building program is a difficult task and very, very expensive. They looked at it early on in the process. REGULAR MEETING OF THE CITY COUNCIL APRIL -3, 2007' PAGE 24 OF 29 Councilmember Sippel commented they are redoing the bathrooms.He asked if they would have waterless urinals. There was general discussion on things that could be done. Councilmember Waldron commented they may want to look at the East Valley Partnership as in their little town of Superstitionville to the south it has addressed this issue.There is a section on that. City Manager George Hoffman stated he believed it was entitled "Think Green". Councilmember Waldron commented it has a lot of information in it. Vice Mayor Eck commented they need to call Payson and talk to them.It has the lowest lost water percentage of any municipality in the state. Councilmember Dietz commented he thinks they need to do this now with the growth coming to the south.They can be the example. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ESTABLISHING SUSTAINABLE BUILDING STANDARDS FOR MUNICIPAL BUILDINGS AND POSSIBLE SUSTAINABLE BUILDING STANDARDS FOR COMMUNITY DEVELOPMENT:THAT STAFF LOOK INTO THE DIFFERENT PROGRAMS AND ORDINANCES THAT ARE AVAILABLE, DIFFERENT WAYS THAT WE CAN CONSERVE AND BUILD ENERGY -EFFICIENT; CREATING A CITY ORDINANCE FOR BUILDING GREEN MUNICIPAL BUILDINGS IN THE FUTURE IN NEW CONSTRUCTION; AND EVEN REMODELS WHEREVER WE CAN; AND TO CONSERVE WATER, USE RECYCLED, INDIRECT LIGHTING, AND THINGS OF THAT NATURE; AND EVERYTHING WE MENTIONED. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 25 OF 29 Councilmember Severs ADDED THAT WE LOOK AT POSSIBLY DOING AN ENCOURAGEMENT OR INCENTIVE PROGRAM TO GET PRIVATE RESIDENTIAL TO BUILD GREEN. Councilmember Diett.ADDED USING FIVE STAR BUILDING AND TAX INCENTIVE PROGRAMS; WHATEVER THEY CAN DO TO ENCOURAGE IT. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SCHEDULE FOR BOARD AND COMMISSION APPOINTMENTS )City Clerk Kathleen Connelly briefed the council on the item.She stated this is for various appointments and reappointments to city boards and commissions.A lot of the terms are tied to a June 30 expiration date.Last night they stated.they wanted to follow the same pattern as they had in yearsjpast:They would then interview applicantsfor the planningand -zoning commission, parks and recreation commission, library board ,and board of adjustment at the work session of Apri116.They would make the appointments on the 'next night, April -17.. The balance of the interviews for the remaining boards and:commission would be done on April 30, with the appointments on May 1.She asked if they wished to interview the people who are seeking reappointment. There was general discussion among the council.The consensus was ,to have .them available in the event of questions from the council. City Clerk Kathleen Connelly stated they also have applications on filefrom people they have interviewed in the past but have not appointed.She asked if the council wanted those people contacted. REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 26 OF 29 The council consensus was they were to be contacted and interviewed. City Clerk Kathleen Connelly stated staff normally goes back 2 years. The council consensus was that was what they wanted. Councilmember Dietz. asked if they have done a lot of advertising. City Clerk Kathleen Connelly stated they havereceivedlia lot of applications. There was general discussion on whether the mayor could make an application before he becomes the former mayor and be interviewed.It was the general consensus that the council could leave :a position vacant until after June. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED . THAT THE FOLLOWINGDIRECTION13E GIVEN TO STAFF REGARDING SCHEDULE FORHBOARD.AND -COMMISSION APPOINTMENTS/REAPPOINTMENTS: TO SETTHE. INTERVIEWS_ FORiAPPLICAN FOR THEBOARD CT ADJUSTMENT LIBRARY BOARD, :PARES. AND: RECREATION-ICOMMISSIOn AND • PLANNING ANaZONING COMMISSION AT' THEIWORK -SESSION OF APRIL. 16„, 2007, WITH THE,APPOINTMENTSTO BE MADE AT THEEREGULAR MEETING OF APRIL 1:7, 2007 SET THE INTERVIEWS FOR ,APPLICANTS,FOR THE REMAINING BOARDS AND COMMISSIONS AT-THE -WORK:SESSION CT APRIL 30, :2007, WITH THE APPOINTMENTS TO BaMADE..AT'THE."REGULAR MEETING OF MAY 1,,200 AND.'THAT. ALL MEMBERS 'UP FOR REAPPOINTMENT' ATTEND THE INTERVIEW SESSIONS- FOR THEIR BOARDS IN THE EVENT OF QUESTIONS-BY'THE _COUNCIL Vice Mayor Eck SECONDED THE MOTION REGULAR MEETING OF ,THE CITY' COUNCIL APRILE3„ 2007 PAGE; 27 OF 29 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 16, 2007, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, APRIL 17, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Coleman adjourned the meeting at 8:58 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 20, 2007. 3. Consideration of Professional Services Agreement with PiperJaff ray & Co. for Financial Advisor services. 4. Award.-of Bid:PR -07-01 "Design and Installation of Bleacher Cover at the Apache Junction Rodeo Park Event Center." 5. Award of Bid:PR -07-04• "Landscape Maintenance for Renaissance Point, Arroyo Verde, Phelps Drive and Ironwood Cove." REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE. 28 OF 29 ACCEPTED THIS 17TH DAY OF APRIL, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF APRIL, 2007. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS FOLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 3rd day of April, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of April, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 2007 PAGE 29 OF 29