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HomeMy WebLinkAbout2006-09-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 19, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 19, 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 7:05 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron 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 Public Safety Director Glenn Walp City Engineer Giao Pham Public Works Director Doug Dobson Business Advocate Amy Malloy Others Present:Public Works Manager Shane Kiesow Grants Specialist Roger Hacker REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 1 OF 19 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE FY 2006-07 PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION REACH OUT, INC. IN THE AMOUNT OF $16,000, BOYS AND GIRLS CLUB OF APACHE JUNCTION IN THE AMOUNT OF $18,000, COMMUNITY ACTION HUMAN RESOURCES AGENCY IN THE AMOUNT OF $8,000, EAST VALLEY SENIOR SERVICES IN THE AMOUNT OF $32,000 AND SALVATION ARMY IN THE AMOUNT OF $6,000 FOR THE TOTAL AMOUNT OF $80,000 FOR HEALTH AND HUMAN SERVICES; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR VISITOR CENTER SERVICES IN THE AMOUNT OF $40,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 06-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2007 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM, BE APPROVED; AND THAT WE DELETE ITEM NO. 6 OR AT LEAST CONTINUE IT; AND MOVE ON TO ITEM 7; THAT APPROVAL BE GIVEN FOR THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND FOOTHILLS PUBLISHING AND PARKS ENTERPRISES,INCORPORATED TO INCREASE PARKING OPPORTUNITIES AND DRAINAGE BY IMPROVING DRAINAGE CONDITIONS ON SITE LOCATED WITHIN THE CITY'S INFILL INCENTIVE AREA; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 06-44, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT FOR "BROADWAY SAN MARCOS", A RESIDENTAL SINGLE FAMILY SUBDIVISION, IN CASE SD -5-04, BY BILL O'BRIEN REPRESENTING REPUBLIC HOMES, BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 2 OF 19 THAT RESOLUTION NO. 06-46, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR THE "CASA VILLAS SUBDIVISION", IN CASE SD -2-04, BY KARL CONOVER, REPRESENTED BY JIM MASON OF BUILDER'S ALLIANCE, BE APPROVED; AND THAT RESOLUTION NO. 06-47, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR THE "VILLAGES AT IRONWOOD TOWNHOMES SUBDIVISION", IN CASE SD -2-05, BY AZIZ HELAL OF CRESCENT MOON ENTERPRISES, BE APPROVED; AND THAT RESOLUTION NO. 06-48, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY PLAT FOR SUBDIVISION MOUNTAIN ESTATES, A RESIDENTIAL SINGLE FAMILY SUBDIVISION IN CASE SD -3-05 BY FRANK DELL'ARMI REPRESENTING TOMAHAWK 20 LLC, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous on Items 1-9 and 11.Item 10 was 6-1 with Councilmember Insalaco voting in opposition. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. David Jacokes, 1265 N. Tomahawk Road, Apache Junction, addressed the council regarding the police department.He stated he has been a resident of the community for two years and has largely been satisfied with the performance of this administration.He is a volunteer in the police auxiliary and has had the honor of working with Chief Walp and Commander Swart.He believes they are by far the best he has ever worked with.He was content in his level of involvement until an East Valley tabloid reporter, apparently fueled by a few disgruntled employees, stared his attack on our community by defaming our police chief and commander.He kept reading the stories filled REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 3 OF 19 with hearsay, innuendo and unsubstantiated allegations waiting for a response from the administration.He has not seen any meaningful evidence of support for Chief Walp or Commander Swart to this date emanating from this administration.He would hate to think that a few dissidents could disrupt the positive direction our police department is currently moving in under Chief Walp and Commander Swart.In his 20 plus years of service in local government, 8 years of which he was the chief elected official in the community, he has been attacked as well.He has found that the best defense is a great offense.He asked the council to dig their heels in, turn a deaf ear to these unsupported allegations, and openly support Chief Walp, Commander Swart and the entire police department.They will band together and take the city into the 21st century.He took his elected responsibilities seriously, and he asked them to do the same. Ms. Evelyn Mangano, 4286 S. Strong Box Road, Gold Canyon, addressed the council.She represented S.A.F.E., Inc., a nonprofit 501C(3) organization of Pinal County citizens concerned about the well being of lost and abandoned pets in our area.They had been unhappy about many problems they had observed at animal control and expressed the concerns at a council meeting.Chief Walp and Commander Swart introduced themselves to them after the meeting.They met with them two weeks later to discuss the issues.They patiently listened to their complaints, comments, suggestions and concerns and promised to look into the issues and meet again in a few weeks. Their organization went in prepared for a battle at the next meeting.However, Commander Swart agreed there were many things at animal control that could be improved upon and asked for suggestions on how to make it better.They were surprised that he was willing to work with them and really wanted to see improvements made.Since then, heating and air conditioning have been installed for the animals, block walls have been placed in between kennels to cut down on the spread of disease, and additional kennels have been added.There is a rodent infestation problem there.She called Commander Swart and the next day he was out with rodent traps and assured her they would take care of the problem.She does not know of anyone else who would personally come over and handle a situation such as that. Chief Walp and Commander Swart have been instrumental in getting a volunteer auxiliary formed.The auxiliary is now volunteering REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 4 OF 19 on Saturdays so that people can get in there to see the animals available for adoption on a day when animal control would normally be closed.This helps their goal of getting more animals adopted and less animals euthanized.They have found both Chief Walp and Commander Swart to be professional, ethical, caring, and thorough in their approach to problem -solving.They appreciate their no nonsense, no excuse approach to getting things done.They asked that the city council and city manager not let unsubstantiated rumors and unproven accusations affect the future of these dedicated professionals who are willing to do whatever it takes to make sure the police department is held to the highest possible standards.They will continue to support the men that have been chosen to head up the police department.They requested the council not let things go back to the way they were. Mr. Tom Francois, 1530 S. Starr Road, Apache Junction, addressed the council.He stated he has been a prisoner in his own home in Apache Junction for 11 years, ever since he moved here. Right after he moved in he was greeted by the local drug dealers with a burglary.In response, he put up some cameras, which was a big mistake.The criminals do not like the idea of being caught on tape breaking the law so they stole his cameras.He called the police and got little or no help.He put up more cameras, and the vandalism, harassment and death threats started.He has been pummeled by everything from paint balls, eggs, golf balls, and rocks to bullets in his front door.He has had dead animals on his mailbox.Numerous calls to the police yielded little or no results.They rarely and reluctantly showed up.When they did, some ridiculed him and told him he was crazy because if he was going to have cameras up he should expect this kind of behavior from the people around him.Eventually they quit responding to his calls completely. He used to hear joking on the scanner about him.A few years ago he quit calling the police department and he figured he was on his own, along with about 6 other neighbors who rely on him. Enter Chief Walp and Jay Swart.He took a chance and put a one inch packet of evidence together and mailed it to the police department.He thought he would try.Two days after they received it Jay Swart called him personally and stated he had gone through every page of his information.He knows he did as he mentioned several different incidents that he would not have known about.He said that he and the chief were going to get REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 5 OF 19 right on it.That was in April.In six short months there has been more police activity in his neighborhood than in all of the last eleven years.There have been police raids and numerous arrests due directly to Jay Swart, a dedicated Detective Chacon and numerous uniformed officers that have taken up their cause. They have never seen anything like it.There is much more to be done, but they are convinced that this is the team that will get it done for them.When he calls the police to report something now, he is treated with respect by every dispatcher, unlike before.They are kind, considerate, and direct and the police respond immediately.The officers are considerate, respectful and very professional.They see patrol cars go by on a regular daily basis now instead of once or twice every two months.They have never felt better or safer in this city as they do now under the leadership of Chief Walp and Jay Swart.It is amazing how things have turned around in such a short time to the way things should be.They were deeply saddened and angered when they read the Tribune's attempt to bring this department down. Although they do not know all the facts about things that took place in the past, they do know the present.It has been a miracle to them that Chief Walp and Jay Swart have been brought to Apache Junction.He requested the council not pull the rug out from under them now.It would be devastating. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council.He stated all he knows is what he reads in the paper and hears over the radio.He has known some of them for a long time and they know he speaks the way he feels. He was elected to the council when Apache Junction first became a city, and his first job was as police commissioner, appointed by the mayor.He had proceeded to start forming a police department.It took about a year, and in a couple of years they had one of the top agencies in the state.Other departments would call to see how they did things.We had a good department for a number of years.About 10 to 12 years ago the current mayor could not run the police department; she had aggravated the police chief enough that he retired.Since that time, the department has gone downhill.He has been around here 38 years, and he has seen the morale at the police department and sheriff's department during that time, and he does not believe he has seen the morale lower in the department than it is right now.He does not know anything first hand; he has not been involved in the last 12 years since he retired.However, when REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 6 OF 19 he picks up the paper and reads what he reads, some or most of it has to be true or lawsuits and other things would be involved.He does not think the chief worked with the city manager or got city council approval when he brought in the civilian assistant chief.He does not care how good a person he is, and he does not know either one of them personally, but he retired according to the paper under the pretense of not being able to work and hold down a law enforcement position.It does not sound right to him for the city to bring him on as a civilian chief of police. Mayor Coleman requested Mr. Eidson summarize his comments. Mr. Jimmy Eidson stated the only solution he offers for the problems he sees is for staff and council to send the chief of police and the civilian assistant chief of police packing.He added they have not have good success with any chief or chief personnel that have been brought in and that was not familiar or had not worked or lived in areas like this.The city manager stated he was advertising nationally for an assistant chief.He thinks they should forget about doing that and bring somebody in that does not know the area.It will take him years before he will know it.They have got a problem.He asked how many chiefs they have had since the first chief left.He believed most of them were trained outside the state of Arizona. Mayor Coleman advised Mr. Eidson he had gone way over on his time.He added he could submit his written remarks to the city clerk and she would distribute them. Mr. Jimmy Eidson stated he did not want to make any remarks in writing. Councilmember Sippel commented that he believes that they have seen the press at its worst.However, the gentleman who has written these articles is having a good time with them and they will continue to come.He chooses not to read the articles nor let them affect him or his personnel because he knows what he sees out on the streets.He sees those officers out there and he knows that happens from above.A good staff is created from the leader down, or from the people up, but it makes the whole staff as a whole.There was a gentleman who asked where they REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 7 OF 19 are going to make their stance.He absolutely supports the chief and Jay Swart. Councilmember Severs commented Flatten interviewed him for the papers and he took what he said and completely turned it around to make it negative, to make it wrong and to hurt the people that we have hired to protect our community.The people in the audience tonight are the ones that elected us to protect them and serve them.We are doing that better than it has ever been done.He urged them to stop listening to the negative reports of the paper, and to build the community and make it stronger with these men. Vice Mayor Eck commented he was misquoted when he had his one chance at fame.He got redacted by the reporter, but obviously, once something is written, it is written.He will be extremely cautious when speaking to certain reporters.It reflected something that was much more negative than what he was talking about.He got an apology, but no retraction in the paper. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced that he and Councilmember Sippel attended the 9/11 ceremony that parks and recreation had.The Woodman Association presented a new flag to multi -generational center.The Reserve Officer Training Corps from the high school did a ceremonial raising of the flag and brought it back down to half staff.It was very nice. Councilmember Waldron announced he attended a POW/MIA luncheon this Saturday and he spoke with that group.There were several gentlemen who were POW's in World War II and one gentleman who had spent 6 and 1/2 years in a North Vietnamese prison with Senator McCain.He was very interesting to talk to.He asked those with the opportunity to stop by and thank the parks and recreation and the Veterans of Foreign Wars for those two functions. Councilmember Severs announced that he and the vice mayor attended a banquet fundraiser for Chronic Fatigue Syndrome in Reno, Nevada recently.They toured the new research facility. It was very impressive.They met the Nevada governor and several senators, representatives and judges.It was an amazing REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 8 OF 19 event.The biggest thing he learned is that public awareness on the information on Chronic Fatigue Syndrome and fibromyalgia needs to get out there.People need to lobby Congress and say it is a problem.They need to face it and fund the research. They recently said the Gulf War Syndrome was all in their heads and they cut off all funding for it.The people have to stop letting that happen, and the only way to do that is if people go to Congress and stand up to be heard.He thanked the vice mayor for taking him. Vice Mayor Eck commented he was thoroughly impressed.He had no idea they would get to meet the Nevada governor, 3 or 4 congressmen and 15 legislators.It is interesting in how Nevada works compared to Arizona.Their legislature contributed $10,000,000 to create the institute.It was a wonderful experience.He hopes to be there for more experiences in the future, like in December for the National League of Cities and Towns Conference. CITY MANAGER'S REPORT City Manager George Hoffman commented the mayor asked last night for an appraisal on the state land that is to be auctioned. Janine Solley communicated with State Land and learned that the final sale parcel will be 1,010 acres which represents about one -eighth of the total land.The gross value of that parcel was appraised at $50,000 per acre for a total value of $50.5 million.They are anticipating deducting the anticipated budget costs for the urban planning permit process which is $6.25 million for the entire 12 -square mile area.The successful bidder will be planning the 1,010 acres that they buy and eventually the entire 12 square mile area.The 12 acre area has a net appraised value of $45,250,000.That will be the opening bid required for the parcel.The state is also doing a prequalification process for bidders, which is important because of the significant master planned community work that will be done.The auction is scheduled to take place in Florence on December 7, 2006, at 10 a.m.He also offered thanks and well wishes to Amy Malloy.Her tenure has not been measured in decades but her accomplishments are really significant.She was brought on board to serve as an advocate to bring into the organization the point of view of a business person.She helped us look at and scrutinize our customer service processes, and REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 9 OF 19 she did that to help us improve the development services process to make it faster and more responsive to the development community.She has also made a huge contribution to the arts in the community and the downtown.He gave his thanks and appreciation to her. Mayor Coleman commented that he believes the city manager speaks for all of them. PUBLIC HEARINGS RESOLUTION NO. 06-45, DECLARING NEW CHAPTER 5 FLOODPLAIN MANAGEMENT AND STORMWATER REGULATIONS A PUBLIC RECORD AND DECLARING CITY'S INTENT TO ASSUME FLOODPLAIN MANAGEMENT POWERS AND DUTIES; ORDINANCE NO. 1277, REPEALING CHAPTER 5 FLOODPLAIN MANAGEMENT AND ADOPTING BY REFERENCE NEW CHAPTER 5 FLOODPLAIN MANAGEMENT AND STORMWATER REGULATIONS )Public Works Director Doug Dobson briefed the council on the item.He stated the purpose of the item is to change Land Development Code Chapter 5 to address not only floodplain management but also stormwater quality and drainage.The ordinance is part of the requirement to meet the city's National Pollutant Discharge Elimination System requirements, which is mandated by the Arizona Department of Environmental Quality.Violations in the Phoenix area are first handled by a warning and then civil penalties, followed by criminal penalties.This ordinance does the same thing for the city and is a requirement of the National Pollutant Discharge Elimination Quality.There are five sections in the ordinance, covering everything from definitions to violations.Included are prohibited non-stormwater discharges and construction site stormwater management.This adoption puts the city on schedule with the National Pollutant Discharge Elimination System.The second code change deals with the existing floodplain ordinance. It standardizes it with the other cities and towns in the state to meet the federal standards.The ordinance will update us to the latest standards.It will give the city the ability for better enforcement and has a section on tributaries to a REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 10 OF 19 floodplain which allows the city to go in, inspect, require corrections and allow civil penalties and criminal penalties. The city can then go in if they do not do anything and make the corrections and then collect from them. Councilmember Severs commented that during the property maintenance standards meetings there were people asking what would happen if someone blocked a wash with debris.The committee was asked to address what would happen if it was washed onto someone else's land and who would be responsible for it.He asked if this would help in the enforcement of people blocking washes with debris, trash, or temporary fences. Public Works Director Doug Dobson stated this would help with blocking washes.If someone blocks a wash on someone's property, he believes that would be a civil matter. City Attorney Joel Stern stated that is correct. Mayor Coleman opened the public hearing on the items.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. 06-45, 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 ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 5 FLOODPLAIN MANAGEMENT AND STORMWATER REGULATIONS";AND DECLARING THE CITY'S INTENT TO ASSUME FLOODPLAIN MANAGEMENT POWERS AND DUTIES SET FORTH IN A.R.S. §48- 3609, BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 11 OF 19 The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1277 BE READ BY TITLE ONLY 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. Councilmember Waldron MOVED THAT ORDINANCE NO. 1277, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADOPTION OF REVISED NOTICE OF INTENT FOR THE ARIZONA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER (AZNPDES) PHASE II COMPLIANCE PERMIT )Public Works Manager Shane Kiesow briefed the council on the item.He stated staff is requesting the council adopt the revisions to the stormwater management plan originally passed in 2003.Revisions were done in May 2006.These revisions update the timelines for minimal control measures and best management practices that have been communicated to the Arizona Department of Environmental Quality. He gave a brief powerpoint presentation on the minimal control measures, the six mandates included in the management plan, the revisions, and a regulatory overview of phase II.He advised the city still has about 1.5 years to get the best management REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 12 OF 19 practices and minimal control measures that have been advocated to the Arizona Department of Environmental Quality.The National Pollutant Discharge Elimination System is a federal mandate and is not an optional program.It has to do with source control, not point source.It covers the entire geographic area of the city, not just any one specific property. It has to do with minimal control measures or best management practices; activities to the maximum extent practical.All cities' practices are different; Apache Junction's made the best management practices that it could afford and that it could do. It is about the quality of rainwater, not the quality of potable water.It does not involve any costly infrastructure.There is a lot of quick runoff in the monsoon season from the streets and parking lots that go down the washes.It has to do with the stormwater pollution created once the rain hits the ground and then picks up things to pollute the water.A lot of pollution comes from landscape vegetation, grass areas, oils from streets and parking lots, and garbage that collects in the gutters or on someone's property and gets down in the washes.There are also people who do not realize that storm sewers are separate from sanitary sewers.Sanitary sewers are treated, storm sewers are not.Any oil or discharge put into stormwater goes directly to your retention basin or wash.The retention areas service the parks and a lot of areas in the community.They need to be mindful of what the citizens put down the catch basins.The emphasis is on education and behavior change, not on infrastructure or putting a lot of money into any stormwater systems.The elements to education outreach are:public involvement, discharges into gutters or catch basins, construction site erosion and runoff management, post construction stormwater structures built to serve a purpose after construction and their maintenance, and good housekeeping when it comes to city operations.The Arizona Department of Environmental Quality sent a letter in early 2006 stating they were not satisfied with the timelines already advocated and they encouraged the city to revise the timelines.This item is for the adoption of those revised timelines.It only deals with the timeline dates; nothing else was modified.They were looking for the city to get onto a more reasonable adaptation schedule and he believes they will now be at that.They are now on track with what they need to do. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 13 OF 19 Mayor Coleman opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He commented that the overhead is showing a picture of sand being washed across the roadway.The sand is also a safety hazard for motorcycles.It is like a motorcycle going over an icy road when it hits it.He would like to see as much control as possible to keep the dirt on lots by installing extra sidewalks and things, or use of the street cleaning equipment to take care of that. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron commented that the picture Mr. Babin referred to was actually road oil, not sand.He added that his point was well taken. Councilmember Dietz commented the oil cannot be good, either. Vice Mayor Eck commented they were informed last night that a second street sweeper was purchased last year.That will be an additional sweeper on the street as part of this National Pollutant Discharge Elimination System issue.It is also there to just try to keep the streets cleaner. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE REVISED NOTICE OF INTENT FOR THE ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PHASE II COMPLIANCE PERMIT BE ADOPTED; AND THAT AUTHORIZATION BE GIVEN FOR THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO SIGN THE CERTIFICATION OF THE PERMIT. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 14 OF 19 VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF VOLUNTARY ASSESSMENT IN THE AMOUNT OF $2,500 AS REQUESTED BY THE LEAGUE OF ARIZONA CITIES AND TOWNS ) )Mayor Coleman briefed the council on the item.The contribution is based on the population.He stated they received a letter from the League advising that the purpose of this fund is to establish and be able to conduct and publish professional research reports and demonstrate the importance of cities and towns to our economy and quality of life in Arizona.They would like to engage firms that can provide scientifically valid data on the public opinion of cities and towns and to retain consultants that can assist with our legislative lobbying efforts.It will also provide external legal assistance as needed.If every city participates, they estimate it will produce approximately $163,000.He asked for the council's support in paying this voluntary assessment. Councilmember Waldron commented he is happy about this being used for the lobbying effort.Cities and towns have come under some serious attacks in the last few sessions by the legislature.They are trying to take control over what the cities and towns have control of.It is important that the League take these funds and get the facts and figures together and take them to the legislature to show that they do know what they are doing and we do know how to run our business, and that they should just be left alone. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 15 OF 19 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 THE VOLUNTARY ASSESSMENT IN THE AMOUNT OF $2,500.00 AS REQUESTED BY THE LEAGUE OF ARIZONA CITIES AND TOWNS:TO PROCEED WITH IT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTINUATION OF RIDE CHOICE PROGRAM FOR FISCAL YEAR 2006-07 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is a request to continue the city's funding of the Ride Choice program.This is a reimbursement program for when a senior city resident over the age of 60 or a disabled adult over age 18 needs transportation.They could rely upon someone such as a neighbor to take them where they need to go and then that neighbor is reimbursed.There has been $30,000 budgeted for the program this year.She thinks the community will welcome its continuation. Councilmember Dietz commented it has been quite successful. City Clerk Kathleen Connelly stated it has. Councilmember Dietz commented it has been a real help to some people. City Clerk Kathleen Connelly stated it has and they could use some more money. Mayor Coleman closed the discussion with no further comments and called for a motion. it has been quite successful. stated it has. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 16 OF 19 Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CONTINUATION OF THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2006-07: THAT IT BE FUNDED AT THE LEVEL OF $30,000. Councilmember Insalaco SECONDED THE MOTION. 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, OCTOBER 2, 2006, 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, OCTOBER 3, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Coleman adjourned the meeting at 8:00 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of September 5, 2006. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 17 OF 19 3. Consideration and possible approval of FY 2006-07 professional services agreements with various human services agencies for a total amount of $80,000. 4. Consideration and possible approval for professional services agreement with the Apache Junction Chamber of Commerce in the amount of $40,000 for economic development services for Fiscal Year 2006-07. 5. Approval of Resolution No. 06-43, approving the Fiscal Year 2007 Local Transportation Assistance Fund (LTAF) grant application. 6. Consideration and possible approval of Tower Space Leasing Agreement with Verizon Wireless.It approved Verizon will pay $2,000 a month for rental of this space for an initial 5- year period with 4 five-year extensions. 7. Consideration and possible approval on proposed Development Agreement with Foothills Publishing and Parks Enterprises, Incorporated to increase parking opportunities and drainage by improving drainage conditions on site located within the City's Inf ill Incentive Area. 8. Approval of Resolution No. 06-44, Case SD -5-04, Final Subdivision Plat request by Bill O'Brien of Republic Homes for the Broadway San Marcos subdivision, an 84 -lot, 11.08 acre development of conventional Single Family Homes located at the northwest corner of Broadway Avenue and San Marcos Drive, Pinal County APN 101-16-001B. 9. Approval of Resolution No. 06-46, Case Sd-2-04, Final Subdivision Plat request by Karl Conover and Jim Mason of Builder's Alliance for "Casa Villas" subdivision, a 38 -lot, conventional homes subdivision with 7000 sq.ft. minimum lots on a 10 -gross acre property located at the intersection area of West 16th Avenue and South Pinal Drive. 10. Approval of Resolution No. 06-47, Case SD -2-05, Final Subdivision Plat request by Aziz Helal for "Village at Ironwood" townhomes subdivision, a 29 -lot subdivision with resident amenities and access on Ironwood Drive on 2.2 acres REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 18 OF 19 located at the northeast corner area of West Roosevelt Street and North Ironwood Drive. 11. Approval of Resolution No. 06-48, Case SD -3-05, Final Subdivision Plat request by Frank Dell'Armi and Robert Esposito for "Superstition Mountain Estates", a 16 -lot conventional homes subdivision with public streets on 20 gross acres located at the southeast corner of East Lost Dutchman Boulevard and North Tomahawk Road. ACCEPTED THIS 3RD DAY OF OCTOBER , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD 2006. ATTEST: KATHLEEN CONNELLY City Clerk DAY OF DOUGLAS Mayor CITY COUNCIL MINUTES CERTIFICATION OCTOBER LEMAN 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 19th day of September, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of September, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2006 PAGE 19 OF 19