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HomeMy WebLinkAbout2006-10-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 3, 2006 The regular meeting of the City Council of the City of Apache .Junction, Arizona, was held on October 3, 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 7:09 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel 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 Parks & Recreation Director Jeff Bell Others Present:Interim Evidence Technician Jim Stevens REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 1 OF 26 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 AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY SENIOR SERVICES, INC. FOR THE RIDE CHOICE PROGRAM IN THE AMOUNT OF $30,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND J2 ENGINEERING AND ENVIRONMENTAL DESIGN FOR ENGINEERING/ARCHITECTURAL SERVICES ON THE FIRST PHASE OF RODEO PARK EVENT CENTER DEVELOPMENT IN THE AMOUNT OF $50,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO. SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINNACLE ONE FOR PROJECT MANAGEMENT SERVICES ON THE FIRST PHASE OF RODEO PARK EVENT CENTER DEVELOPMENT IN THE AMOUNT OF $36,790; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE TOWER SPACE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND VERIZON WIRELESS FOR RENTAL OF A SPACE IN THE AMOUNT OF $2,000 PER MONTH FOR AN INITIAL 5 -YEAR PERIOD WITH FOUR 5 -YEAR EXTENSIONS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Parks and Recreation Director Jeff Bell gave a presentation on the awards won by the Multi -Generational Center in 2006. Recreation Management Magazine named it the winner of the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 2 OF 26 Innovative Design in Architecture Award for Creative Design Solutions in Appearance, Craftsmanship, and Recreational Value. This is a national award.The Arizona Parks and Recreation Association presented it with the Outstanding Facility Award for a Community of 25,000 to 100,000 Residents. Multi -Generational Center Manager Jamie Sullivan gave the annual report on the first year of operating the center, including the membership totals, membership sales, daily entries, program participant numbers, facility permits, the need for more space, the need for more parking, the Silver Sneakers, and staff turnover. Mayor Coleman read a proclamation designating October 15-21, 2006 as "Arizona Cities and Towns Week 2006". Mayor Coleman read a proclamation designating October as "Domestic Violence Awareness Month".He presented it to Sharon Stinard, president of the local nonprofit agency Community Alliance Against Family Abuse, who briefed the council on how the city has supported their efforts in the past.She gave a brief report on their activities and requested the council consider increasing the funds allocated to local nonprofits through the health and human services commission. CALL TO THE PUBLIC Mr. Jeff Serdy, 741 E. Kachina Avenue, Apache Junction, addressed the council regarding the police department destruction of weapons.He stated he has a sporting goods business just across the county line.He has a good relationship with five law enforcement agencies that come into his business.Several weeks ago some Apache Junction officers came in with some distressing news.The chief had taken upon himself to destroy 1,200 firearms that had accumulated, some since the 1980's.He estimated their worth at well over $150,000 in taxpayer assets, not including those that were inexpensive.These were destroyed without consulting the elected representatives which speak for the public.Including the less expensive ones, it could well be $250,000.Anyone that hears this, their jaws just drop.This is not the policy of other municipalities in the West.It is in some eastern cities where you are not allowed to own a gun or have a gun shop.It REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 3 OF 26 is not commonplace here.He put in some bids for firearms with the City of Mesa; he did not receive them.Pinal County and Maricopa County do it also.He thought there might be a conflict of interest for him to speak about this, but he is not big enough to buy all those guns.Pinal County pays about $12,000 for their cruisers; it would be 12 cruisers that the chief burned up or 250 bulletproof vests.A lot of these guns were pre -1898, which are considered antiques, not firearms.The Colt single actions could have been worth $15,000 apiece. Japanese World War II samurai swords are antiquities.He questioned why they were destroyed without being consulted.He asked who the chief answers to on this.It is an outrage; there is no way to bring these back.It should not be done again.He can be reached for comment on the City of Mesa policy. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council.He stated he wanted to finish his comments from the last meeting.He asked the council to take a step back and look at the situation in the police department.A chief was hired under contract and he brought in his civilian assistant chief.They were good friends.The assistant chief draws retirement from the state retirement system.He could not perform his duties health -wise in one of the state buildings in Phoenix.He called to their attention that when the chief is out of town, or is sick or on vacation, the assistant chief is in charge.He would be in charge of the police department and he is not certified.If he had certification, he would have lost it when he started drawing disability retirement from the state.He cannot make an arrest other than a citizen's arrest. One of the councilmembers stated at the last meeting that he supports the chief and assistant chief regardless of what happens.He admitted his information came from the papers; one of the councilmembers told them not to read the paper.He thought those statements unbecoming an elected official.They should not be made in a setting like this.There is a good race going on for Pinal County Sheriff; both are well -qualified.He suggested they might want to talk to the loser.They have also had an assistant chief who retired and went to Prescott Valley a year or two ago.They might want to talk with him.He thinks they need someone who knows the community, knows how it operates, and will stand with the people and not put extra pressure on us like burning the firearms.They are going to ask REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 4 OF 26 the citizens to pay their share of the $150,000 or $200,000 in taxes. Mr. Ron Wade, 310 E. Whitely, Apache Junction, addressed the council.He stated he spoke in support of the development agreement with the downtown L.L.C.He is the vice chair on the Main Street Committee and they sent a letter to the city.They understand the city is working out a lot of details with the developers to bring a new Apache Junction and make it something to be proud of.He feels if they do the kind of development here in Apache Junction that they are proposing, they will be looking at awards from the state and nationally.It is a great development and a great opportunity for them to move forward. He was there to say that Main Street is there to back the council on this. Mr. Steve White, 105 N. Delaware Drive, Apache Junction, addressed the council.He stated he was challenging the city policy of the city issuing the permit for the commercially- related special event being held on public property.He is not against special events.He is against governmental policies that place unconstitutional restrictions upon citizens that they serve in these special events.He is concerned with governmental policies all over Arizona that are commercializing the arts by simply telling artists that if they show the intent to sell their artwork, they are commercial vendors and are subject to all the licensing and taxation schemes.This is going on in every city in Arizona.They then tell them commercial vendors are not allowed in the public parks, basically eliminating all artists from the public parks in Arizona.The artists have a constitutional right to be in our public parks.It all ties back to city governments issuing permits for private promoters to hold the mega -festivals on public property.An artist, merely by signing up to participate in it, is then required to get the licenses and permits.It is unconstitutional.He hopes they will stop and consider some of these issues.Kudos to the city attorney and all of them for going to an outside civil rights attorney and finding out that these promoters, when they issue a permit to hold a public event on public property, cannot use a standard -less jury review committee to determine who is worthy of participation in these events.That has been going on in every city in the state in violation of constitutional rights.He is glad they have found REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 5 OF 26 out that they must provide equal access for participants that cannot afford these events.They need to ask these law firms the right questions for the casual exemptions.The city is selectively enforcing the ordinances based on the unbridled discretion of government officials.They must stop and think about some of these things or they could put the city in jeopardy of federal lawsuits. Ms. Dana Mills, 1453 E. 22nd Avenue, Apache Junction, addressed the council regarding trash pick up.She does not like having only one company for trash pick up.She likes the people that she has; they are dependable and the prices are good.She commented there has been talk about a certain type of trash needing to be picked up; this is because kids are playing in the street.Kids do not need to be playing in the street; it is not a playground.Yards are, or they should be taken to a playground and kept out of the street.The street was made for trash trucks and cars.She does not think they should be forced to have one trash pick up company. Mr. Joe Durbala, 673 E. Kachina, Apache Junction, addressed the council regarding the trash issue.He commented Mr. Sippel will probably be called a communist because he is trying to take away peoples' individual rights.They tried to do this before and it is way overdue for the city to do this.There is an ordinance on the trucks running up and down the street and it should be enforced.However, he feels they should be looking at the landfill and getting a transfer station.He believes that if they do not have a transfer station here within a few more years, there will be an increase in rates once the landfill fills up.It will probably go up 50% to 150%.They will have to transfer all the way down to Butterfield, a 160 mile round trip.A truck can only pick up about 4 streets; think of the gas it will cost for that truck.It will be a 3 hour trip and they can only pick up 2 truckloads a day.It will cost a lot of money.They need to look at the transfer station before that area is developed so that they do not have a problem getting it in.He added this is the first time he has been to a council meeting since the new complex was built and it is a lovely building.He thinks the council involved in the initial process deserve a pat on the back.He reitereated they need to get the transfer station and advised Mr. Sippel to look at what has happened in the past in the city so that he can find out how to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 6 OF 26 change things in the city and get more productive.All of these things, including the landfill and going to one or two companies, have been brought up in the last 5 years.It was not viable at that time for the city to go through with it.Bryant Powell did excellent research on it before and the city attorney has worked with them very closely in the past.He needs to talk to his staff before he jumps out on something like that to make sure he has the support behind him. Mr. Dave Burden, 4699 S. Strike it Rich Drive, Gold Canyon, addressed the council regarding the Community Development Corporation program.He is the chairman of Main Street and Community Development Corporation here in the city.He stated they started a loan facilitation program about 6 weeks ago to assist businesses that want to set up in the city and existing businesses to cut through the red tape required in doing business loans.A lot of small businesses are overwhelmed with going to a large bank and trying to explain how they wish to improve their façade or increase their working capital.They created a matrix of banks and broke it down into what kind of loans they want to make to businesses and the contact information.He encouraged business owners to come down and talk to Ferron McGee who runs the program.He will help them develop their businesses.They are excited about the success of the program; they have had 2 successful loans since it started. One was for $25,000 and one was for $100,000.Another is pending for a business locating in the city.They have had 14 people come in during the last month to talk to Ferron about accessing the loans.He commended the city for assisting in setting the program up and for sponsoring the Community Development Corporation.He is hoping they can use the funds to make this program work. Mrs. Sandie Smith, Pinal County Supervisor, 575 N. Idaho Road, addressed the council and commented the meeting thus far was an example of democracy.She then introduced Brenda Oldham, a resident of northern Pinal County who is a candidate for Pinal County Superior Court. Ms. Brenda Oldham, 6499 S. Kings Ranch Road, Gold Canyon, addressed the council to advise she was a candidate for Superior Court Judge, Division 8.She commented it is important for REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 7 OF 26 someone from this side of the county to be elected to this position. Vice Mayor Eck commented that Community Alliance Against Family Abuse did not apply for health and human services funding this year.He requested staff provide an overview at the next council meeting on the process that was gone through on the destruction of the weapons, and that it be put on the agenda for discussion and possible direction to staff.In a short time of research on this, they have found that 10 cities destroy the weapons and 10 cities sell them.It depends on the individual organization; the governing body decides that. There was general discussion as to whether this should be a public hearing item on October 17.It was determined to start with the work session of October 16. Vice Mayor Eck commented he feels the city has been extremely lenient with the artists.He has never seen any other town or city in the East Valley that allows artists on right-of-ways or on lots.He thinks the city has done a pretty good job on listening to and working with them.He added Mrs. Mills spoke on trash pick up and that is what happens when they have a discussion.He does not believe they have a concern of actually going with a particular company.Mr. Durbala spoke of the transfer station; he believes they have 15 to 18 years left on the landfill.He did see this happen in Chandler, which did not get a transfer station and now they are hurting.He agreed that at a given time they should seriously consider a transfer station. Assistant City Manager Bryant Powell stated they are looking at 10 to 12 years on the current inflow for the landfill. Vice Mayor Eck commented he does not think it would do any harm to be prepared for a transfer station.He believes one of the solutions is the continuation of working with the county and other entities on a regional landfill. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 8 OF 26 ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman announced that Saturday morning he became a grandfather.His daughter Christy gave birth to a baby boy, named Douglas Coleman Porter. Vice Mayor Eck commented he is also a grandparent.His daughter moved back in with a Chihuahua.His wife has fallen in love with it so it might as well be a grand baby.Its name is Lily. CITY MANAGER'S REPORT City Manager George Hoffman commented they have been experiencing growth and increased traffic.Intersections that used to do just fine with stop signs now need traffic signals. They are currently working on traffic signals at the intersections of Superstition and Delaware and San Marcos and Broadway, both of which should be operational by the first quarter of 2007.They are also working on traffic signalization at the intersection of Idaho and 16th Avenue.It will be done in conjunction with the state.They are hoping that will be operational by the second quarter of 2007.An engineering study must be done to meet the legal process in order to put in a traffic signal.This is called a warrant study.They are working on three of those and expect to have them completed by the end of the year.They are for Phelps and Broadway, Winchester and Old West Highway, and State Route 88 and Superstition.The last one will also have to go to the state as it is a state highway; the city will do the analysis and turn the findings over to the state for potential action. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE FOR COUSIN VINNIES RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item.She stated the packet contains reports from the fire district, the planning staff and the police department.The fire district and planning staff offered no objections.The report from Corporal Parker indicates some deficiencies.The applicant is here and would REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 9 OF 26 like to speak to the council regarding the deficiencies raised in the report. Mayor Coleman requested the applicant address the council. Ms. Laurie Rees stated the officer originally stated the beer cooler location provides easy access to anybody.The day after the police officer's visit, she had the state liquor training class.The instructor stated he had never heard of that being a problem.Someone is always in sight of the cooler.She can move it if that is what she needs to do.It has already been there for 5 years under Cousin Vinnies original liquor license.She does not see the problem with it.She then showed them her training certificate. Councilmember Dietz commented the police officer also mentioned locking the beer storage area. Ms. Laurie Rees stated the beer that is stored in back has no outside access to it.The only access is a back door which is kept locked. Councilmember Severs commented moving the cooler would be a hard and expensive thing to do.He suggested building a counter in front of it so that employees only would have access to it.It would be a lot easier for her and not as expensive.He does not see the current location as a problem.They need to have easy access to it. 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. Councilmember Waldron asked if the things listed by Corporal Parker are violations of the city code or liquor code or if they were just his recommendations. Public Safety Director Glenn Walp advised they were not violations. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 10 OF 26 Ms. Laurie Rees stated she asked the person who trained her, one of the supervisors, if it was against the law and he said it was not. Vice Mayor Eck commented he believes the officer is trying to protect the public, especially with all the juveniles coming in and trying to get access to liquor.The officer is just suggesting she attempt to do something about that. Mayor Coleman closed the discussion and called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE FOR COUSIN VINNIES RESTAURANT, SUBMITTED BY LAURIE MAE REES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, INDIVIDUAL, SERIES 10 LIQUOR LICENSE FOR DASH IN & MINI MART )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located on North Apache Trail.The reports in the packet indicate no issue with this license.However, the applicant could not be here this evening so he is requesting a continuation of their vote.In addition, he has not paid the required fee.Because the premises was posted as tonight being the date for a public hearing, they should open the public hearing and continue it to the next meeting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 11 OF 26 Mayor Coleman asked if this would put their recommendation before the liquor license department. City Clerk Kathleen Connelly stated it does not. 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 Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, INDIVIDUAL, SERIES 10 LIQUOR LICENSE FOR DASH IN & MINI MART BE CONTINUED TO THE REGULAR MEETING OF OCTOBER 17, 2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1278, AMENDING THE CITY CODE, VOLUME I FEES,ARTICLE 4-4 DEVELOPMENT SERVICES DEPARTMENT FEES, BY CORRECTING FEE SCHEDULE A BUILDING PERMIT FEES AND FEE SCHEDULE C PLAN REVIEW, POOLS, SPAS, HOT TUBS, WRECKING BUILDINGS, MANUFACTURED HOMES AND ACCESSORY PERMIT FEES )City Attorney Joel Stern briefed the council on the item.He stated there are changes to the two schedules due to clerical errors dating back to September 5, 2006.The reason for the emergency clause is that Ordinance No. 1274, adopted on September 5, 2006, would have made these changes effective on November 1, 2006.They are now within 30 days of November 1; they do not want to have ambiguous provisions for a few days.If passed tonight, these changes will be consistent with the other changes on November 1. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 12 OF 26 Councilmember Dietz asked if they meet the emergency clause requirement. City Attorney Joel Stern stated they do as long as 6 members of the council vote in favor of the emergency clause. Mayor Coleman called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1278 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. was a public hearing. stated it was. Councilmember Severs SECONDED Mayor Coleman asked if this City Clerk Kathleen Connelly Mayor Coleman commented he did not believe he had opened the public hearing. City Attorney Joel Stern stated he could suspend the motion. There was general discussion on suspending the motion.The city attorney recommended they vote on suspending the motion. Councilmember Dietz MOVED THAT THEY SUSPEND THE MOTION. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 13 OF 26 Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1278 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. VOTE:Unanimous. The motion carried. read the ordinance by title with THAT ORDINANCE NO. 1278, AS READ AND ADOPTED. THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS Councilmember Severs SECONDED City Clerk Kathleen Connelly the emergency clause. Councilmember Dietz MOVED BY THE CITY CLERK, BE APPROVED Councilmember Severs SECONDED RESOLUTION NO. 06-50, APPROVING MASTER DEVELOPMENT AGREEMENT WITH APACHE JUNCTION TOWN CENTRE LLC FOR THE SUPERSTITION SQUARE DOWNTOWN PROJECT )City Attorney Joel Stern stated they are still in ongoing discussions with the developer. There is a meeting tomorrow.This will be brought back at the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 14 OF 26 appropriate time after they have an agreement that can be considered and voted upon. needed to continue it. stated they do not. Mayor Coleman asked if they City Attorney Joel Stern Mayor Coleman moved on to the next item. COUNCIL DIRECTION TO STAFF RESEARCH VARIOUS OPTIONS FOR GARBAGE SERVICES FOR THE CITY )Assistant City Manager Bryant Powell stated at the September 18, 2006 work session council requested research on residential garbage services in the city be added to an agenda under direction to staff.Staff is seeking direction on the data they would like collected, which may include common practices of other communities and views and possible options for alternatives for the city.They did receive one phone call this morning from a resident who requested that if the city does go in this direction, that it look into recycling. Councilmember Sippel commented his intent on this was just to look at it.It does not hurt to look at a transfer station; it is a great idea.It might take 12 years to figure out what they want to do with it. He has also been approached about recycling. Councilmember Dietz commented he thinks they have almost doubled in population since the last time they looked at this. Vice Mayor Eck commented Councilmember Sippel is just talking about information; he is not talking about specifically going out and seeing about necessarily subsidizing an individual trash pick up or going with a contract. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 15 OF 26 Councilmember Sippel stated they will be researching the facts. Vice Mayor Eck commented the ultimate goal is to do a contract with a sanitation service and everything having to do with sanitation.Every time they discuss this, he thinks what gets out is the city is trying to privatize to one specific company.Individuals get upset about that.Councilmember Sippel is saying we will be looking at several different aspects of our sanitation needs. Councilmember Sippel stated that is correct.The trash collection is one of many items. Councilmember Severs commented he thinks the whole purpose of this is to try to help some of our roads that are being beat up by several trucks going over them several times a day.That is why he thinks it is a good idea about checking into seeing if one company can do it. Now it had opened up the issue of recycling, which would be another set of trucks several times a day. Assistant City Manager Bryant Powell stated they can bring back some of the same research they did before.One of the dilemmas is that they would not really know the rate unless they do a request for proposal and bid it out.For commercial services, state law requires any city with a population of 60,000 or above must be privatized.He can come back with a recommendation to not change anything for commercial services.They can have different options for residential. They can go into the business itself like Gilbert, Phoenix and Mesa, they can franchise it out like Avondale, or they can continue on the current path.Each of them has pros and cons. It will be difficult to know how much recycling will cost until a request for proposal is done. Councilmember Sippel stated he wanted meaningful data.He does not want Bryant to go out and spend 45 days doing research and say they have wear and tear on the roads because of the garbage trucks, and that we could use a recycling program and that Avondale does this and Gilbert does that, and they did a request for proposal and this is what REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 16 OF 26 came back.There is the data with the numbers.He does not want them to waste their time otherwise. Vice Mayor Eck commented that is what he is getting at.After being on the council the first time this was brought up, his gut feeling is that it will be very similar, including recycling.Everybody was, and it ended up being very expensive.We did what recycling we could.It seemed to him that the vast majority of the public were upset when we talked about going with one particular company.They would not have a choice.A former councilmember testified this evening as to what he went through when he brought up what Councilmember Sippel is bringing up. Councilmember Dietz asked if they could do a request for proposal without taking action on it. Councilmember Sippel commented they could reject all bids. City Clerk Kathleen Connelly stated she would be concerned about sending the wrong message. Assistant City Manager Bryant Powell commented he wondered about doing a request for proposal and not doing anything with it.They would get them to do how much it would cost for them to pick up trash for everybody and also give another rate for recycling, and have the latter all done on one day.Chandler gives the residents two cans, one for recyclables and one for solid waste.Instead of going to the landfill on that one day, they go to the recycling plant.It ends up being about half of the waste stream. Vice Mayor Eck asked who covers the cost of the recycling.It was very expensive when they checked into it before. Assistant City Manager Bryant Powell stated the rate payers would pass it on. City Attorney Joel Stern stated they could start talking about what the other cities have REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 17 OF 26 done.On September 2, 1997, the city council had a bunch of questions on too many trash collecting companies, the need for service, areas by license, need for mandatory pick up, possibility of mandatory recycling, coordination of collection times and dates, private company licensure, and by market share. He provided the city council a legal memo; he also contacted a bunch of cities regarding what they do.He provided all that information to the council and there was an alternative of regulations for equipment use, hours of operation, operation territories, collection times and places, licensing, insurance requirements, and other reasonable restrictions. Councilmember Sippel commented the only way they can find out about a cost analysis is to do a request for proposal.Or they can ask the other cities what it is costing them. Assistant City Manager Bryant Powell stated that is what they did the last time.They can check the rates against what the current rates are here. City Attorney Joel Stern stated they could do a survey and, if that is done, hire a consultant. Councilmember Sippel stated he does not want to do that. City Attorney Joel Stern stated it would take staff time but it could be done. Councilmember Sippel stated that would solve the request for proposal issue.They would not have to go out.He thinks they would get some data and not have this is what everybody else is doing.He would like a cost basis, a breakdown, of what it costs to do that.They can then look at it and determine what they want to do. City Manager George Hoffman asked if he wanted the cost breakdown for this community. Councilmember Sippel stated he did not.He wants to see what other communities are doing, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 18 OF 26 their breakdown for regular trash collection and their cost for recycling. Assistant City Manager Bryant Powell stated both Avondale and Chandler have recycling.When their rates are billed, it will have recycling as a service.He would not be able to tell them how much it would be without recycling if they did a request for proposal. Councilmember Waldron asked if there is a state law that establishes a population threshold that kicks in and says you have to have a certain level of service. City Attorney Joel Stern stated there have to be regulations for private companies once the population reaches 60,000.Once they reach 60,000 they are supposed to have at least 7 different companies that can provide service.One company can provide service up to 60,000. Councilmember Sippel asked if that is for residential. City Attorney Joel Stern stated the statute does not say. Assistant City Manager Bryant Powell stated it is definitely privatized for commercial. Phoenix did zones and they compete amongst themselves.They have to show their council and community that they can provide the service.Many of the big cities do the residential themselves. Councilmember Waldron commented he was looking to see if the city was at a point where they could start taking a proactive look into this before we need them. Assistant City Manager Bryant Powell stated he did not think there was any state law. City Attorney Joel Stern commented there is not one for recycling.Recycling is pretty REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 19 OF 26 much subsidized by the usually break even wit loses 60% of the cost. years. cities unless it is steel, which they h.Other than that, the city generally That might have changed in the last 9 Councilmember Severs asked if these cities that do the trash pick up themselves have other companies pick up trash in the city as well. Assistant City Manager Bryant Powell stated they pretty much do it for residential, except for Phoenix.He believes they bid it out and they have other private companies come in and do certain areas.Gilbert and •Mesa do their own residential and have private companies do the commercial. Vice Mayor Eck commented that they should be able to look at what they want to do in the way of recycling and what they may be able to do in the short term and the long term. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCHING VARIOUS OPTIONS FOR GARBAGE SERVICES IN THE CITY: THAT STAFF RESEARCH DIFFERENT OPTIONS IN REGARDS TO TRASH AND RECYCLE AND TRANSFER STATION; AND TO LOOK AT CONTRACTS OF OTHER COMMUNITIES AND POSSIBLE OPTIONS THAT MAY BE VIABLE FOR THE CITY OF APACHE JUNCTION; AND TO BRING BACK DATA DURING THE FIRST COUNCIL MEETING OF JANUARY 2007.He asked if that was enough time. City Clerk Kathleen Connelly stated she did not believe there is a work session for that meeting. Councilmember Sippel AMENDED HIS MOTION TO READ THE SECOND SET OF MEETINGS IN JANUARY. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 20 OF 26 There was general discussion regarding the motion.It was determined they would need a work session and this would have to be moved to February. Councilmember Sippel AMENDED HIS MOTION TO READ THE FIRST SET OF MEETINGS IN FEBRUARY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SPEED CAMERAS FOR SCHOOL ZONES )Assistant City Manager Bryant Powell briefed the council on the item.He stated this item was also brought up at the last council meeting.Staff is awaiting direction on what the council wishes to do. Councilmember Sippel commented this was also his item, and he believes the traffic calming devices are being installed right now.This was something brought up at one of the conferences.He thought it would be a good thing to check the companies out and see what they have to offer.He has talked to the chief about this; it would allow them to put something there all day long versus an officer that may only be able to be there a certain amount of time.It allows us to keep the officers in other areas of the community and the cameras at the school zones grabbing the speeders as they go by. Vice Mayor Eck commented he saw in the paper the next day after their last discussion an article on fines in school zones.He believes that even one mile over the speed limit is a $300 fine, and it doubles during the time when children are actually walking in the school zone. That was in a couple of different states.He asked the chief at what speed they actually cite. Public Safety Director Glenn Walp spoke from the audience but was inaudible. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 21 OF 26 Councilmember Dietz commented it would be a case of programming the instrument to whatever they wanted, such as 5 miles over. Vice Mayor Eck commented if they are going to have full time cameras, he believes one mile over is too strict.But they can make that decision at a later date if they go with this. Councilmember Severs commented there is a big difference between looking into an idea and sticking cameras everywhere.That is what is being perceived by the public already.He has heard a lot of negative input that they do not want cameras everywhere.At this point in time it is an idea, and it is probably a very good idea as it could save lives.He would like to see it looked into very strongly. Councilmember Waldron stated it was on the news tonight that Verde Valley started using this system and they interviewed three people.One person said it was a violation of their privacy, another said they ought to use the money for more officers on the street, and the third thought they should be going after people other than speeders.His thought is that it is probably all right for speed and he doubts it is an invasion of privacy as it is only a snapshot.If you are speeding, you are speeding. Councilmember Dietz commented they are looking at school zones and children's safety is a priority. does not like photo radar. Vice Mayor Eck commented he Councilmember Dietz agreed. Vice Mayor Eck commented but as the mayor stated the last time, when they are talking about school zones, it goes to whole other level. Mayor Coleman commented he had said there is something about being able to face your REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 22 OF 26 accuser.As the chief said, with an officer there and they are going 16 miles per hour instead of 15 miles per hour, you know. With photo radar, they would probably see a flash so you know you have been accused. Vice Mayor Eck asked if he had ever seen that flash. Mayor Coleman stated he had not.He then closed the discussion and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCHING SPEED CAMERAS FOR SCHOOL ZONES:THAT STAFF GATHER DATA REGARDING VENDORS AND PRODUCTS AVAILABLE AND THE COSTS ASSOCIATED WITH RUNNING THE PROGRAM; AND THAT THE INFORMATION BE BROUGHT BACK AT THE FIRST MEETING IN DECEMBER. Vice Mayor Eck asked if there was a problem with saying as time permits, or would that be too long. City Manager George Hoffman stated they can let them know where they are in the research at that point. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ECONOMIC DEVELOPMENT AGREEMENT WITH THE COMMUNITY DEVELOPMENT CORPORATION FOR A BUSINESS LOAN REFERRAL PROGRAM AND OTHER RELATED SERVICES FOR FY 2006-07 )City Clerk Kathleen Connelly briefed the council on the item.She stated they spent quite a bit of time last night discussing this.Mr. Burden, during Call to the Public, spoke again on the proposed agreement.She thinks he did a good job on covering what this REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 23 OF 26 contract would be for.It is staff's recommendation that we proceed with the agreement. Councilmember Insalaco asked if this is going to be for businesses within the city. City Clerk Kathleen Connelly stated it is for businesses within the city and businesses that will be moving into the city.The city attorney and she will be working on language that stipulates that. City Manager George Hoffman commented the city is paying for a program that will do that. He asked if they are saying they will not do anything else. City Clerk Kathleen Connelly stated they are more than welcome to do anything else. City Manager George Hoffman commented but not on our dollars. City Clerk Kathleen Connelly stated that is correct. City Manager George Hoffman commented he was not clear on whether they would be doing anything else, but what we are paying for will benefit this community. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE COMMUNITY DEVELOPMENT CORPORATION FOR A BUSINESS LOAN REFERRAL PROGRAM AND OTHER RELATED SERVICES FOR FY 2006-07:THAT WE PROCEED WITH THE AGREEMENT AS IT WAS DISCUSSED LAST NIGHT, AND THAT THE DRAFT INCLUDE THE LANGUAGE REGARDING WITHIN THE CITY OR A BUSINESS THAT IS RELOCATING HERE. Councilmember Sippel SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 24 OF 26 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 16, 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 17, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Mayor Coleman adjourned the meeting at 9:02 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of September 19, 2006. 3. Consideration and possible approval of professional services agreement with East Valley Senior Services, Inc. in the amount of $30,000 for the Ride Choice program for FY 2006-07. 4. Consideration and possible approval for professional services agreement with J2 Engineering and Environmental Design in an amount not to exceed $50,000 for engineering/architectural services on the first phase of Rodeo Park Event Center development. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 2006 PAGE 25 OF 26 5. Consideration and possible approval of professional services agreement with PinnacleOne in an amount not to exceed $36,790 for project management services on the first phase of Rodeo Park Event Center development. 6. Consideration and possible approval of Tower Space Leasing Agreement with Verizon Wireless.If approved Verizon will pay $2,000 a month for rental of this space for an initial 5- year period with 4 five-year extensions. ACCEPTED THIS 17TH DAY OF OCTOBER , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF 2006. ATTEST: KATHLEEN CONNELLY City Clerk OUGLAS COL Mayor CITY COUNCIL MINUTES CERTIFICATION OCTOBER #,V)(7' 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 October, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of October, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER.3, 2006 PAGE 26 OF 26