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HomeMy WebLinkAbout2006-05-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 2,2006 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 2,2006,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 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Waldron Staff Present: (Councilmembers Sippel and Severs were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Interim Development Svcs.Director Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 1 OF 28 Others Present:Senior Planner Rudy Esquivias Sergeant Teresa Rodgers Mayor Coleman announced that Councilmember Sippel was in Savannah,Georgia for a wedding_and Councilmember Severs was in the hospital for a rib injury. ACCEPTANCE OF CONSENT AGENDA CONSENT AGENDA BE ACCEPTED AS PRESENTED. MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS )Vice Mayor Eck MOVED THAT THE Councilmember Dietz SECONDED THE An Arizona Early Day Gas Engine and Tractor Association representative stated they had their 14th annual spring show on March 11-12 and he presented a check for $1,600 to the mayor for the Parks and Recreation Scholarship Fund.He added they appreciate being involved in the master plan for the rodeo park and they enjoy working with the parks and recreation department.Mayor Coleman presented the .check to Parks and Recreation Director Jeff Bell. Mayor Coleman read a proclamation designating May 7-13 as Building Safety Week and presented it to Interim Development Services Director/Building Official Dennis Dixon. CALL TO THE PUBLIC Ms.Evie Mangano,4286 S.Strongbox Road,Gold Canyon,addressed the council regarding animal abuse.She commented that recently the remains of three dogs were found in the area of Goldfield and Superstition (Southern).The animals had been tortured and killed.They varied in size and she took a photo of one of the dogs that had been partially skinned,beaten,a hanger was wrapped around its neck and a plastic bag was put over its head.Because of the severe torture that was inflicted upon these animals before they were killed, REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 2 OF 28 she feels that this poses a great danger to the community.A few months ago some cattle had also been tortured and killed in Gold Canyon.She feels the cases need to be aggressively investigated with the perpetrators brought to justice.Some other pets have disappeared in the area over the last few months.She requested the council approve a reward to be offered to anyone with information leading to the arrest and conviction of the person or persons responsible for the torture and murder of these animals.She asked the police department to do everything possible to solve these heinous crimes. Ms.Myrna Burdick,3833 N.Nodak Road,Apache Junction,addressed the council regarding animal abuse.She stated the heinous crimes against these dogs as reported in the News is something the members of the community should find appalling.It points to a long known belief that animal abuse frequently escalates into human killings.She requested the perpetrators be found before our family members are their next victims.She called on the citizens to come forward with any information they may have and have the criminal prosecuted. She had requested the Arizona Humane Society offer a reward for the crime. They denied as it was out of their jurisdiction:it would be up to the local police.She offered the first $100 of a reward to get the ball rolling so they can establish some kind of incentive. Ms.Sue Johns,1382 S.Palo Verde Drive,Apache Junction,addressed the council.She hoped they had all received her letter explaining her absence for the work session of last night as her son's wedding took priority.She realized they were at a disadvantage as they cannot ask her any questions,but she acknowledged she has a very loud laugh and a great sense of humor.She reiterated she believes she has the capacity to make the tough decisions that the community will be facing in the future,and she knew they would give her application the benefit of their collective wisdom. CITY MANAGER'S REPORT City Manager George Hoffman stated the city was recently advised that the application for LEEDS certification for the city hall had been approved.It is important for the "green"and technological sophistication that is implied with such an award and i t is believed to be the first city hall in this state to receive the award.I t also telegraphs to the community a reflection of their values.The city looked at the long term and the life cycle costs and not just initial costs.The city will be having a recognition program for the volunteers who worked on preparing taxes for community residents,the Tax REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 3 OF 28 Counseling for the Elderly Program,and it will be held on Wednesday,May 24, at 3:00 p.m.in the old city complex conference center.He added he received an email from Ken Strobek,League of Arizona Cities and Towns Director,which was an invitation to the 90 cities and towns to join with him,Phoenix Mayor Phil Gordon,Mesa Mayor Keno Hawker,Glendale Mayor Elaine Scruggs,Tempe Mayor Hugh Hallman and Goodyear Mayor James Cavanaugh in a press conference to discuss legislative tax and budget issues which may negatively impact municipalities.The state legislature is considering the proposed income tax reduction over 3 years.The 5%reduction per year over 3 years would result in a direct loss of $180.000,000 to city and town general funds.In Apache Junction,those funds pay for police services,for example.The loss to the city in FY 2006-07 would be $213,000,in 07-08 it would be $427.000,and in 08-09 it would be $640,000.The total approaches $1.3 million that this community would lose over three years.The collective message from the cities and towns is to ask the legislature to make the cities and towns not face the consequence of their action and be held harmless if they enact this.I t is hugely significant with the public safety issues this community is facing:i t would be made worse with the loss of $1.3 million.He then announced that George Williams was here to discuss air traffic and Williams Gateway -related issues.He is the consultant the city retains to assist with matters related to Federal Aviation Administration,air traffic,monitoring of Williams Gateway issues and so forth. Mr.George Williams stated he was there to talk about Class B airspace.The impacts he sees are from an aviation consultant's point of view and not a citizen of Apache Junction.He is not willing to address my house,my yard and my mountain issues.The Class B airspace is the terminal -controlled airspace.I t is designed and put around the nation's busiest airports.I t is designed so that any other aircraft coming into that airspace will be controlled if it is not destined for the busy airport.It makes sure that the busy airports are not impacted by other traffic going through the area.It protects the arrival and departure traffic operations.If one is not on an instrument flight plan flying into Sky Harbor or another busy airport,one has to get clearance to fly through Class B airspace.Aircraft that enter Class B airspace are separated from other aircraft.They are looking at redoing this for air carrier arrivals at Sky Harbor.People are concerned about the height levels.It is above 5,000',and that is 5,000'above sea level,not 5,000' above Apache Junction.The city is about 1,400'above sea level.Currently the floor of the terminal -controlled air space over Apache Junction is 8,000'. which means an aircraft can fly anywhere from the surface to 8,000'in any REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 4 OF 28 corridor and not have to report to air traffic control,or if it flies over 10.000'.If it flies between 8,000'and 10,000'it would have to report in to air traffic control to get clearance.As the city had grown so big,i t is partially covered by the Class B airspace.The change in Class B airspace over the city will be lowering the floor from 8,000'to 5,000',and the ceiling will be lowered from 10,000'to 9,000'.I t should not be a big impact for the city.It will allow planes to go above the terminal -controlled area without having to go on oxygen.There will be negligible changes to the large aircraft flight levels.It primarily targets the airplanes that are turning 10 to 15 miles for final approach to Sky Harbor.Large aircraft will not fly at the floor except in a real emergency condition.The majority of the air carriers flying over Apache Junction are landing at Sky Harbor on the weekends when military is not flying and airplanes can come directly from the east. The Class B airspace is designed for Sky Harbor,not Williams Gateway.There will be no changes to Williams Gateway procedures.I t is not a problem for air traffic in this area to get through at 7,500';i t is just a matter of checking in to get a transponder to code your track.He does not see a lot of changes from an air traffic control standpoint.One thing they look for is any change that happens within 3,000 feet of ground level.Anything that is changed above 3,000'above ground level can be categorically excluded from any environmental review.They held public hearings as it could have been controversial and they listened,but for the most part they are looking for technical issues.There will be no significant increases in noise levels. They can make a finding of no significant impact at this time in the procedure.So far as impacts on Apache Junction.some VFR traffic may fly below Class B floor,and i t is highly probably that those doing that have always flown below the Class B floor.The arrival routes to Sky Harbor have not changed and they will not see a lot of traffic here unless there has been an accident that has closed runways or was caused by weather,and it would only be seen for a short period of time while they go to the en route traffic control system to shut it down.The Federal Aviation Administration will consider all the public and industry comments before it makes its decision, but he doubts there will be very many industry comments,however some of the businesses and some of the pilot organizations have some issues with dropping the floor down.He does not know the decision,but i t should be within the next 60 days. Councilmember Waldron commented the private aircraft that they see around here are well below the Class B airspace that is proposed. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 5 OF 28 Mr.George Williams stated if they fly above 5,000'in the Class B airspace they will be required to contact air traffic control.Today it would be below 8,000'. Councilmember Waldron asked what they normally fly at through here. Mr.George Williams stated i t varies,but he would guess between 6.500'and 8,500'.Most pilots want to be high enough over the hills so that they do not hit the turbulence and up where it gets a little cooler.The Federal Aviation Administration does not normally track airplanes out here because their main concern is over the airport.There is a little traffic out of Williams and Falcon Field.The main concerns for Phoenix for tracking traffic are Scottsdale,Deer Valley,Luke and Phoenix.The rest are sparsely populated. Councilmember Waldron commented that they should not see any really significant change. Mr.George Williams stated from his standpoint they should not see a major impact. City Manager George Hoffman commented he has had some people and the media inquiring if the city is considering joining Williams Gateway in part to influence these kinds of issues.He understands there is a proportional, weighted voting system so that if Williams had a $5 million budget and Apache Junction contributed $250,000 per year,the city would have a 5% weighted vote.He asked if that is correct. Mr.George Williams stated that is basically what he has seen in the agreement when Phoenix signed up.The voting power is based on the yearly contribution and he believes there is another caveat in there that 3 to 4 years down the road is a cumulative benefit of each city and i t is re -divided according to those percentages. PUBLIC HEARINGS TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF THE FRATERNAL ORDER OF EAGLES #3850 FOR MAY 29,2006 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is pretty much an annual REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 6 OF 28 request from the Fraternal Order of Eagles.They are requesting to have an extension of premises for a special event to be held on May 29 in conjunction with the Memorial Day weekend.The packet contains positive recommendations from the police department and the planning division.A representative of the Fraternal Order of Eagles was requested to attend this meeting in the event of any council questions. Mayor Coleman requested the applicant address the council. Mr.Walter Welch,2497 W.Shiprock, Apache Junction,addressed the council.He stated they are looking forward to hosting this event and they will be doing it every 4 years. 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. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF THE FRATERNAL ORDER OF EAGLES #3850,SUBMITTED BY WALTER WEICH,FOR MAY 29,2006, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.06-14,RE -APPROVAL OF A PRELIMINARY PLAT FOR QUAIL CREEK VILLAS PHASES TWO AND THREE,CASE SD -4-02; RESOLUTION NO.05-07,APPROVAL OF FINAL PLAT FOR QUAIL CREEK PHASES TWO AND THREE, CASE SD -4-02 )Senior Planner Rudy Esquvias briefed the council on the item.He stated this is a two -fold request;to REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 7 OF 28 approve the preliminary plat and the final plat.I t is located across the street from the city complex on Idaho and is approximately 15 acres.There is another 5 acre property that is waiting to be developed.It was originally intended to be developed in 3 phases;only the first phase has been built consisting of about 160 units that have recently been converted to condominiums.The property has converted over to the sewer system.The developers are proposing 244 units.The original planned allowed 260 units so there is a slight decrease in density.Mr.Lannan came to the city a few years ago and processed the rezoning for the 244 units.The rezoning and preliminary plat were approved.The project was not developed for an unknown reason.Apache Junction Town Square LLC gave a presentation last night at the work session;they are in the process of acquiring this property.Their intent is to finish out the platting process;they have a vertical developer who will acquire the property shortly and make the improvements.As a result, two resolutions were prepared for tonight.The first one,Resolution 06-14, re -approves the preliminary plat.This needs to be done because the original approval was only good for one year,and it was approved in April 2003.The original name of the development was Quail Creek Villas,Phase II with access off Idaho,and Plaza will also be improved.They are proposing a central landscaped area with a swimming pool,clubhouse and a play area for the children.The pods will have different numbers in each to create variety for a total of 197 units.Phase III is just shy of 5 acres and is located at the southeast corner of Plaza and Tepee.It will have 47 units and another central play area with extra buffering and setbacks to separate the two story properties from the single story to the east.Access points will be off of Tepee.The subdivision plats reflect very closely to what was conceptually approved.The differences are the ownership has changed,their certificate of water supply will need to be updated,and certain bus bays have been deleted in the final plat.There was a bus bay for older school kids in Phase I I just off of Idaho;that area is now a long deceleration lane/acceleration lane.I t allows for better access and maneuverability;there is also a deceleration lane for the property to the south when i t is developed.The bus bay in Phase III along Tepee has been deleted altogether.There is no engineering standard for it and they would be asking the developer to construct a street structure for which the city has no standards and the city would be assuming responsibility for it.The school district was not averse to deleting the bus stop.Resolution No.05-07 is for the approval of the final plat.The developers have worked up through the last hour on some transaction issues. The Apache Junction Town Square people are not the vertical developers;the vertical developer is here this evening.A number of conditions have been REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 8 OF 28 added:the final subdivision plat shall not be recorded until the city is provided with or the developer as complied with a certificate of 100 years assured water supply and must be provided with Apache Junction Town Square •listed as the property owners:provide a performance bond for outside improvements;complete sets of final improvement plans:all relevant utility companies shall have their representative's signatures affixed to the set of improvement plans:all landscape plans shall be provided for review and approval:and all other conditions of Ordinance No.1155 and Resolution No. 06-14 are still in full force and effect.The final improvement plans are in hand with signatures and the landscape plans have been received and all have been approved so Conditions 4,5 and 6 can be deleted.The mayor had asked last night what size the units will be,and there are 3 models,one at 1,152 sq.ft.,one at 1,317 sq.ft.and the other at 1,557 sq.ft.There are a variety of home styles and elevations. Mayor Coleman requested the applicant address the council. Mr.Mike Robko,managing member of AJ Town Square,addressed the council.He stated they are delighted to be part of this community and its future growth.He commented the vertical developer is present tonight to answer any questions on the project.He thanked Dennis Dixon for getting this on the agenda and George Hoffman and staff for getting this pushed along.They are anxious to have the rooftops coming up as soon as possible.They hope to have everything done in the next week and move the project along expeditiously. Vice Mayor Eck commented there probably will not be any questions as it has been discussed previously. Mr.Mike Robko congratulated the staff on doing a great job on this. 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 further discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.06-14,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 9 OF 28 OF APACHE JUNCTION,ARIZONA,RE -APPROVING AN EXPIRED PRELIMINARY SUBDIVISION PLAT FOR QUAIL CREEK VILLAS,PHASES TWO AND THREE,CASE SD -4-02,ORIGINALLY PRE -PLATTED BY DRY CREEK PARTNERSHIP AND REPRESENTED BY PAT LANNAN OF DEL PUEBLO HOMES,BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT RESOLUTION NO.05-07.A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR IDAHO CREEK VILLAS,PHASES TWO AND THREE,CASE SD -4-02,BY APACHE JUNCTION TOWN SQUARE,L.L.C.BE APPROVED AND THAT CONDITIONS 4,5,AND 6 BE DELETED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.06-13,DECLARING AS A PUBLIC RECORD A CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE.VOLUME I, CHAPTER 2 MAYOR AND CITY COUNCIL,ARTICLE 2-4 COUNCIL PROCEDURE AND ARTICLE 2-5 ORDINANCES,RESOLUTIONS AND COUNCIL ACTIONS":ORDINANCE NO.1267.ADOPTING BY REFERENCE AMENDMENTS TO VOLUME I OF THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND CITY COUNCIL,ARTICLE 2-4 COUNCIL PROCEDURE AND ARTICLE 2-5 ORDINANCES, RESOLUTIONS AND COUNCIL ACTION )City Attorney Joel Stern briefed the council on the item.He stated the first item,the resolution,declares REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 10 OF 28 the amendments public record.The ordinance adopts by reference the amendments.I t is done by reference so that the 9 pages of amendments do not have to be published.State law allows the city to incorporate by reference, which tells the public they can look at it at the city clerk's office.A lot of the amendments are clerical,such as changing the index and changing the current city address.Other changes involve adding the city attorney as the official who may call for a special meeting and deleting the phrase calling for the approval of 4 council members,amending meetings open to the public to be a mirror image of the open meeting law in regards to executive sessions, adding language from state law regarding quorums wherein a majority of the council members shall constitute a quorum for the transacting of business and a lesser number may recess from time to time and compel the attendance of he absent members in such a manner and under such penalty as the council made by ordinance had previously prescribed and council members may appear for a meeting telephonically or by video conferencing,amending the order of business on the agenda,adding the invocation,pledge of allegiance and consent agenda to the order of business,deleting minutes from the order of business,amending what could be under awards and presentations,changing the location of the city manager's report,deleting some of the language in call •to the public,adding announcement of current events,extra language was struck from new business,amending the reading of an ordinance,and other housekeeping things.He added that the quorum change has come up several times and it was not in the code or state law.I t is now in state law and council may want this in there or it can be deleted.The agenda issue started this review when Councilmember Severs wanted to place current events somewhere closer to the beginning of the meeting.He found that the invocation and pledge of allegiance were never in the code.He stated the announcement of current events verbiage comes from state law:he has seen other cities start to discuss things here and no discussions are allowed here. Vice Mayor Eck stated they,sometimes make comments there. City Attorney Joel Stern stated comments are fine but they would sometimes discuss issues and what could be done to better the event,such as adding money in certain areas and they get into a debate.He would stop them,but a future city attorney may not.I t is good to have i t in the code. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 11 OF 28 Vice Mayor Eck commented the whole intent of the direction was to move the announcements and current events higher up on the agenda. Councilmember Dietz commented they needed to clean i t up anyway. Vice Mayor Eck commented they could put the announcements anywhere they wanted on the agenda. City Attorney Joel Stern stated that is correct.However,he believes he put it where he was directed but they can change it tonight.He stated there is an important change to the reading of an ordinance.The current code says ordinances,resolutions and other matters of substance requiring council action shall be introduced and sponsored by a member of the council or be presented by the city attorney.This is not the current practice.The language has been changed to read unless requested to be read in full by a majority of council vote,the city clerk shall read the proposed ordinance by title only,with the council vote to be taken immediately upon the completion of the title reading.He changed it to a majority vote of the council members because i t had read where one council member casting a nay vote would require the entire ordinance to be read by the city clerk. Mayor Coleman stated he has been here when they have done that.He asked if the language being proposed is okay with state law. City Attorney Joel Stern stated i t would be legal.He could not find one reason to have a minority vote requiring the city clerk to read the entire ordinance.There may have been a law years ago,but there is not one currently. Mayor Coleman asked if they would still have to ask the city clerk to read it by title only. City Attorney Joel Stern stated they still need to ask,but if one member of the council requests that the whole thing be read,they could then take a vote on i t and if 4 or more do not want i t read,i t is not read. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 12 OF 28 Mayor Coleman commented it would now take a majority and not just one. Vice Mayor Eck commented he has not been there when the whole ordinance has been read.He asked how long they are. City Clerk Kathleen Connelly stated she remembered she was left sitting there reading the ordinance while members of the council got up and left to come back later. City Attorney Joel Stern stated he also could not find any language in current state law that prohibits the same day passage of an ordinance.Our code currently reads that only an emergency ordinance shall be passed on the same day in which it was introduced.He believes they have introduced and voted on a non -emergency ordinance since he has been here.The new language just strikes it out.Other than that,there are some housekeeping things but nothing of any significance.If they vote on this tonight,it would require two separate votes;one for the resolution and one for the ordinance. Councilmember Waldron asked if the change in the same day passage prohibited section affects the 30 day effective date for ordinances. City Attorney Joel Stern stated i t does not.The 30 days is statutory unless there is an emergency clause,plus some other minor exceptions.Generally,ordinances are effective after 30 days unless the council wants to put another effective date on them as they did with the property maintenance standards. 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 Waldron MOVED THAT RESOLUTION NO.06-13.A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED ("A.R.S.")SECTION 9-802,A CERTAIN DOCUMENT FILED REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 13 OF 28 WITH THE CITY CLERK ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 2 MAYOR AND CITY COUNCIL,ARTICLE 2-4 COUNCIL PROCEDURE AND ARTICLE 2-5 ORDINANCES,RESOLUTIONS AND COUNCIL ACTION",BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO.1267 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE • MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1267,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 14 OF 28 INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR IDAHO ROAD AND 16TH AVENUE )City Manager George Hoffman apologized to the council stating they had intended to bring this to them last night and discuss i t again tonight,but during the agenda process they did not get it on the agenda for last night. Public Works Director Doug Dobson briefed the council on the item.He stated after several years they have finally been able to make the traffic warrants for Idaho and 16th Avenue.He has been working with the Arizona Department of Transportation on this.He requested approval to enter into an agreement with the Arizona Department of Transportation to complete the signalization.The cost of the signal will be split 50/50.A left turn lane and right turn lane must be added so an additional area must be paved.The city will pay 100% of those costs.The west side does not need to have anything done other than being re -striped. There is a low spot in the intersection so it must be built up even higher to carry the water across so it will be blocking water on the north side property.They must put underground drainage in first.It will take the water underground under the center of Idaho Road and out into the system.The water will be picked up through scuppers.That way the water will not be running across the road again.Next to be put in is the curb,gutter and sidewalk,then he would pave the street.Everything is done at one time instead of breaking it up into smaller projects and blocking traffic a number of times.He is looking to start next September and have.the signal up in early winter.The total project cost is $521.000,with the city paying approximately $366,863.The money is in the budget to cover it.. Vice Mayor Eck commented they did not allocate for this in the budget.He asked if this would affect any of the streets on the list to be paved. Public Works Director Doug Dobson stated it would not.They will continue to do what they have been doing. Vice Mayor Eck commented i t obviously needs to be done but he was concerned as they had been telling the REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 15 OF 28 residents that the streets would be done and they might have been going into those funds. Public Works Director Doug Dobson stated they should be able to go ahead and do the things that they had intended for the rest of the year and early next year.However,if they want the signal to work,this has to happen. City Manager George Hoffman stated he wanted to clarify that the vice mayor's question was no streets would be sacrificed to get the signal done and staff's answer was that is correct.He asked where the funding is coming from.He believes next year's revenues and county monies will be up markedly. Assistant City Manager Bryant Powell stated that is correct.This year the county's half -cent sales tax in relation to the HURF fund shows a 50%increase in the HURF fund.There is an extra big chunk and it will be seen in the budget this year. City Manager George Hoffman stated this will be occurring in the next budget year,but the estimates are good and the pie will be bigger. Public Works Director Doug Dobson stated if they had not had the additional funds,something would have suffered. Councilmember Dietz asked if there is any way the construction can be speeded up a bit. Public Works Director Doug Dobson stated it could be speeded up a little bit.The quicker he gets the intergovernmental agreement back to them the quicker they can get the ball rolling.However,the arms for the traffic signal are fabricated after the bids go out.I t still takes 90 days to get the signal and arms. Councilmember Dietz was concerned about traffic construction going on during the winter with the additional traffic they have then. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 16 OF 28 Public Works Director Doug Dobson stated they have agreed to work with them on i t and limit the closures as much as they can. Vice Mayor Eck asked if it had to be done in a particular sequence or if the curb,sidewalk,gutter and paving could be done sooner. Public Works Director Doug Dobson stated the drainage has to go in first.They can do the concrete work if they put the conduits in beforehand.He will do his best to push them on that. Councilmember Dietz stated they could be doing that while they are waiting for the signal arms to come in. Public Works Director Doug Dobson stated they could do the underground stuff.He will push for that. Councilmember Dietz stated anytime they can speed i t up would be good as that is a big traffic area. Public Works Director Doug Dobson stated they have a church there that lets out.I t can really get bad. Councilmember Waldron commented he sees they are putting in an emergency vehicle pre-emption system.He asked i f there would be a device that would turn those lights red when the fire district has a call. Public Works Director Doug Dobson stated that is what i t is for.They have a meter on the pole so that when they come out,they turn on their emitter and i t signals the traffic signal to go red so they can come out.They are doing that throughout the city. Councilmember Waldron asked if it would be tied to the vehicles.He is concerned that if there is a red light with traffic backed up south of 16th Avenue and a fire truck has to come out of that station. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 17 OF 28 Public Works Director Doug Dobson stated they always come out onto Idaho. Councilmember Waldron stated that is what he is concerned about. Public Works Director Doug Dobson stated there will be an additional pole. Councilmember Waldron commented there will be an additional signal before the fire station to stop the traffic. Public Works Director Doug Dobson stated that is correct.There will not be traffic backed up to keep them from getting out of the fire station. Councilmember Waldron asked if the fire district was sharing in any of this cost. Public Works Director Doug Dobson stated they are not on this.They are on something else. City Attorney Joel Stern asked him to explain the maintenance procedure,such as who takes care of the light,who controls the light and who sets the timing. Public Works Director Doug Dobson stated that will be done by the Arizona Department of Transportation. Assistant City Manager Bryant Powell stated the intergovernmental agreement allows the city to work with the Arizona Department of Transportation,but the Arizona Department of Transportation will actually do the bid. Public Works Director Doug Dobson stated that is correct. Assistant City Manager Bryant Powell stated they will actually do the work and they will bill us. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 18 OF 28 Public Works Director Doug Dobson stated that is correct. Vice Mayor Eck commented there will be a whole lot of happy residents in that area. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR A TRAFFIC SIGNAL,STREET WIDENING,AND IMPROVEMENTS TO IDAHO ROAD (STATE ROUTE 88)AND 16TH AVENUE WITH THE TOTAL AMOUNT CURRENTLY ESTIMATED AT $521,222 TO INCLUDE DESIGN,CONSTRUCTION,ENGINEERING AND CONTINGENCIES,WITH THE STATE PROVIDING 50% OF THE FUNDING FOR SIGNAL CONSTRUCTION COSTS AND 100% OF THE FUNDING FOR THE DESIGN AND FULL MAINTENANCE OF THE TRAFFIC SIGNAL,EXCLUDING ANY UPFRONT COSTS AND COMPONENT REPLACEMENT FOR THE EMERGENCY VEHICLE PRE-EMPTION,WITH THE CITY PROVIDING 50% OF THE FUNDING FOR SIGNAL CONSTRUCTION COSTS AND 100% OF THE FUNDING FOR THE INTERSECTION IMPROVEMENTS.AND THE CITY WILL ALSO PROVIDE AND INSTALL EMERGENCY VEHICLE PRE-EMPTION DEVICE FOR THE TRAFFIC SIGNAL AND BE RESPONSIBLE FOR OBTAINING THE ELECTRIC POWER TO OPERATE THE SIGNAL;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.06-10 ACCEPTING DEDICATION OF LAND TO THE CITY OF APACHE JUNCTION ) )Public Works Director Doug Dobson briefed the council on the item.This is a housekeeping resolution.Due to the construction of Superstition,Broadway,Ironwood,Tepee.Hilton,and various other streets,the city has accepted dedication of 20'to 25'cutoffs and additional rights -of -way,The dedications have already been accepted, recorded,and something has been built on it.I t is being brought to the council for the city to accept the dedication of them. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 19 OF 28 Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.06-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ACCEPTING DEDICATIONS OF LAND TO THE CITY OF APACHE JUNCTION,INCLUDING PORTIONS OF TWENTY-ONE PARCELS IDENTIFIED UNDER PINAL COUNTY ASSESSOR'S PARCEL NUMBERS 101-03-081B,102-04-006E.100-38-003, 103-21-031,101-02-019A,100-35-035,101-03-017B,101-03-108.101-02-057,103- 21-032C,101-02-086,100-30-031,101-15-021E,101-02-065,101-15-023,102-18- 007C.102-21-010B,100-40-025.101-05-001,AND 103-04-063A,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE;Unanimous. The motion carried. REAPPOINTMENTS/APPOINTMENTS TO BOARD OF ADJUSTMENT,LIBRARY BOARD,PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION )Mayor Coleman asked if they wanted to do them one at a time. Vice Mayor Eck commented he thought they had agreed to do them individually. Mayor Coleman stated they would start with the Board of Adjustment and called for a motion. Vice Mayor Eck MOVED THAT CAROL URICH BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 20 OF 28 The motion carried. Councilmember Dietz MOVED THAT DANIEL AUSTIN BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON JUNE 30,2009. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT SAMUEL CONDON BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2008. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT TERRI PARKER BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,2009. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT PAMELA KANTOWSKI BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,2009. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 21 OF 28 VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT THERESA NESSER AND VINCENT BARR BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR TERMS TO EXPIRE JUNE 30,2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT AARON BRADLEY BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30.2009. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT THERESA NESSER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION WITH A TERM TO EXPIRE JUNE 30,2009. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Insalaco MOVED THAT SUE JOHNS BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2007. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 22 OF 28 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT GAIL EVANS BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2009. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz commented this was really difficult as there were so many qualified applicants that turned out this time and they thanked everyone. Vice Mayor Eck commented there were good applicants that could not get a position. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS FUTURE PUBLIC SAFETY ENFORCEMENT EFFORTS IN SCHOOL ZONES AND PARTNERING WITH THE SCHOOL DISTRICT FOR THE PURCHASE OF TRAFFIC CALMING DEVICES )Assistant to the City Manager Janine Solley briefed the council on the item.She stated staff presented a summary of data at the April 18 regular meeting.It was collected at various school zones.Council was also updated on current police department enforcement efforts.Staff is seeking direction on the next step.The police department is working towards establishing TEST,the Traffic Enforcement REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 23 OF 28 Saturation Team.They will saturate problem areas with heavy traffic enforcement efforts and eventually expand the concept to use command personnel in order to avoid robbing patrol.Additionally,Jay Swart will be conducting a traffic safety analysis of the city to determine the areas of most need by day and time of day.They have consulted with the public works director and have analyzed the aggregate data totals of the traffic data.Three areas are being recommended to have the full flashing lights fixtures installed at this time.They are the Apache Junction High School,Four Peaks Elementary School and Desert Vista Elementary School.When the new fixtures are installed at these locations,the existing traffic calming devices at those schools can be redistributed to other Apache Junction Unified School District for additional coverage.As the actual effectiveness of the flashing yellow lights is yet to be determined,staff proposes using the 3 sites as test locations to determine if future additional lights should be purchased based on improvement of results on future statistical data.Staff recommends continuing the police department efforts to address problem areas with police traffic enforcement, and that the city partner with the school district to purchase 6 flashing yellow traffic calming devices with speed display through an intergovernmental agreement that would obligate the city to half of the initial purchase price, estimated at $32,400.The city would pay approximately $16,200.The city would ultimately assume ownership of the signs and be responsible for all future maintenance due to liability issues. Councilmember Dietz commented he was under the impression they were going to do all of them and that the school district would split that cost.He asked if something had changed. Assistant to the City Manager Janine Solley stated that is staff's recommendation because of the police enforcement efforts.The police department will be expending some resources in order to do that.They will be able to reallocate some of the existing traffic calming devices to the other schools.She had talked to Dr.Wyman today and told him what staff's recommendation was and he was comfortable with it.She believes that he intends to purchase additional lights if the city purchases 6 lights with them.Those lights will most likely be for the other schools.They will have to come up with some more upfront money to fund signage.The city will be responsible for all the maintenance,upkeep and liability in the future. The city may have a little less upfront costs but our costs will continue in the long run. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 24 OF 28 Councilmember Dietz commented he has seen them and they look fantastic.He believes they work.He would like to see them throughout the city. Assistant to the City Manager Janine Solley stated from the conversation she had with Dr.Wyman,the district would be happy to take care of the rest of the signs if the city went in on the purchase of the first 6 signs. City Manager George Hoffman stated the discussion last time focused on signage.Staff is suggesting a very balanced partnership with the school district.The school district may have a little more upfront capital costs,but the cost of officers is significant and it will be for the long term.They are really looking at a balanced approach, with the city bringing the officer enforcement.They could do it other ways; this is just the staff recommendation. Councilmember Insalaco commented that if they go ahead and approve the 3 sites,the school district will do the remainder. Assistant to the City Manager Janine Solley stated that .was the impression that she got. City. Manager George Hoffman stated he may have to talk to his board as well.He has expressed an interest in pursuing the other signs. Councilmember Insalaco stated he feels he should go with staff's recommendation right now. they can always come back and add more. Solley stated that is the intention. be coming back to it. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 25 OF 28 City Manager George Hoffman stated Assistant to the City Manager Janine Mayor Coleman stated they will still Assistant to the City Manager Janine Solley stated they will be coming back to reassess after the lights are up to check the effectiveness.If in the meantime the school district offers to purchase them and have them installed,all the better.Staff's intention is to see how effective they are and go from there. City Attorney Joel Stern commented they are not voting on the lights tonight;they are voting on what the manager should do with the school district and possibly bring back an I ntergovernmental agreement. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FUTURE PUBLIC SAFETY ENFORCEMENT EFFORTS IN SCHOOL ZONES AND POSSIBLE PARTNERSHIP OPPORTUNITIES WITH THE SCHOOL DISTRICT TO PURCHASE TRAFFIC CALMING DEVICES:BASICALLY SIX LIGHTS,TO WORK WITH THE SCHOOL DISTRICT TO SEE ABOUT ACQUIRING THE SIX LIGHTS,AND INSTALLING THEM AT APACHE JUNCTION HIGH SCHOOL,FOUR PEAKS ELEMENTARY AND DESERT VISTA. Councilmember Dietz SECONDED THE MOTION. City Manager George Hoffman asked if that endorsed the concepts of city maintenance of all the signs and the police department enforcement,which is a key component of it. Mayor Coleman stated it did. Vice Mayor Eck commented it says to purchase traffic calming devices and he was clustering that. Assistant to the City Manager Janine Solley stated they will do that with an intergovernmental agreement through the school.They will likely have them go out to bid and procure the signs and then the city will share the costs.Ultimately,they will have to relinquish ownership of them and turn them over to the city for liability issues as they are in public right-of-way.As they are in the right-of-way,the city will be REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 26 OF 28 responsible for the maintenance.Dr.Wyman had asked if the city would be willing to maintain any additional signs they may purchase on their own,and those details would have to be worked out in the agreement.She had told him it was likely the city would do that and he was pleased with that. 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,MAY 15,2006,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MAY 16.2006.IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Waldron announced that last week he and Councilmember Dietz attended the Pinal County Town Hall which was on disaster planning;he thought it was appropriate as this is Building Safety Week.This year i t had to do with city,county,state and individual preparedness.It was concluded with a roundtable discussion with county officials on a disaster scenario and what they do at a given point in time during that disaster.They also talked about the Citizen Emergency Response Team through the fire department and the bird flu.It was noted the bird flu is following the exact pattern as the Asian flu in 1918 and the Hong Kong flu in 1968.The city also received a plaque for supporting the Pinal County Town Hall. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 27 OF 28 )Vice Mayor Eck 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 April 18,2006. ACCEPTED THIS 16TH DAY OF MAY ,2006,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH ATTEST: KATHLEEN CONNELLY City Clerk /7 DAY OF DOUGLAS COL Mayor CITY COUNCIL MINUTES CERTIFICATION MAY AN ,2006. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 2nd day of May,2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of May,2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2,2006 PAGE 28 OF 28