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HomeMy WebLinkAbout2006-12-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 5, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 5, 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 Severs Councilmember Sippel Councilmember Waldron Staff Present: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Giao Pham Public Works Director Doug Dobson Public Works Manager Shane Kiesow Public Information Officer Jay Swart Grants Specialist Roger Hacker Assistant Planner Mike Heuchert REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 1 OF 66 CDBG Admin. Assistant Melinda Larson Senior Planner Rudy Esquivias Asst. to the City Manager Janine Solley Asst. to the City Manager Ruth Giese Officer Bill Virtue Human Resources Director Liz Riley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE AWARD OF BID FOR PW 2006-09, SELF-PROPELLED BITUMINOUS PAVER, BE AWARDED TO INGERSOLL-RAND EQUIPMENT & SERVICES IN THE AMOUNT OF $255,366.00; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY RECORDER AND ELECTIONS DEPARTMENT FOR PROVIDING FOR THE USE OF EQUIPMENT, VOTING MATERIALS AND OTHER SERVICES FOR THE SPRING OF 2007 CITY ELECTIONS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 06-56, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR FINANCIAL ASSISTANCE PURSUANT TO ARIZONA REVISED STATUTES TITLE 41, CHAPTER 10, ARTICLE 8, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS CDBG Administrative Assistant Melinda Larson commented Valley of the Sun Habitat for Humanity has started construction on homes in the Ironwood Trails subdivision.Some council members have been on site to help with the construction and to help welcome national and international companies to our community as they partner with Habitat for Humanity.She introduced Christine REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 2 OF 66 Odom, President and Chief Executive Officer of Valley of the Sun Habitat for Humanity and Janeen Rohovit, the State and Local Governments Representative with Salt River Project. Ms. Christine Odom addressed the council to give an update.She gave a powerpoint presentation during the update.She commented that they build for 601 to 801 of the median income.They have been aggressively going out through the social service agencies and the neighborhoods to tell people they are here.She has seen more enthusiastic homeowners than she has seen in 7 years. They require 400 hours of sweat equity; many of the future homeowners already have more than 600 sweat hours invested and their homes have not even been started yet.People are impressed with whom they have partnered with.Valley of the Sun Habitat for Humanity is the largest Habitat in the western United States and is 1001 locally funded.The city's support is important and they bring in volunteers and sponsors.Their goal is to eliminate poverty housing in the valley.They have done 400 homes so far and none have been foreclosed upon, and their payments buy more land and build more houses.They keep it affordable with volunteer labor; they are one of 6 energy star builders.There used to be 20 but they made it more difficult. In 2005 they purchased 5 acres for Ironwood Trails and recorded the final plat this summer; in the early fall they started construction.They have had 400 people come to the Apache Junction site from all over the world.Anderson Windows has decided to do 75 homes for their anniversary and they flew in people from all over to build here; at the end of the week they told her this is the prettiest build site they have ever seen. They loved Apache Junction and loved working here.Another 175 people came out to paint the fence and were thrilled with the area.This is what Habitat for Humanity does; it brings people and excitement.They can now see what can happen.More and more people are getting excited about Apache Junction.Three builders want to build a home in a week, and out of all of the sites available, they wanted Apache Junction.Two years ago they started having talks with Salt River Project on the possibility of creating a partnership around solar energy for the homes.When they were looking at a site to launch this, it was decided Apache Junction.They have started the subdivision and the momentum is even scary to her.They have many sponsors that are interested in Apache Junction; Rio Verde Community is thinking of sponsoring a home in Apache Junction.There is a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 3 OF 66 very large sponsor who, after the builders' blitz, is trying to decide where to go.While talking to Salt River Project, she had told them that if they were going to do it for one family, they really should do it for all of them to make it equal.Salt River Project first commented they thought it could be real expensive for them.She responded with think what it could cost a low income family to maintain a solar panel.Salt River Project then came back with an incredible opportunity for partnership. Ms. Janeen Rohovit stated Salt River Project would take part in the development at Ironwood Trails by providing solar for every house.It will be funded through their Earthwise Energy program.This is where customers donate $3 per month and they have an amazing participation in the program.All 18 homes will be fully funded through the program.The systems on the houses will reduce their electric bill by approximately 30-40% depending on use.The systems will be installed by a licensed contractor.This will be the first development they will have that will be entirely solar -powered.She commented many Salt River Project employees are very involved in the program, including Margie Barkdahl. Ms. Christine Odom stated she thinks it is huge that this is their first community and they chose Apache Junction.It is also the first solar community for Habitat for Humanity.They will be announcing that this is the first of its kind and the media will be coming; they will continue to highlight the city. She deals with 8 different cities and commented she is pleased to work with Apache Junction staff.They are wonderful and do an outstanding job.It means a lot to her that the mayor left his job at the school to come out to the dedication.It speaks droves to the community when you come out to the site. Councilmember Severs also came out.Others have probably come out when she was not there.She had a sponsor tell her that they sponsored a house at another site last year and no one came out; they liked coming here and having the officials come out. They have been supportive and that goes a long way.The city has received two prestigious awards around the LEEDS certification.These are the types of buildings that they are about.They are proud to be associated with the city receiving those awards.On January 8 will be the kickoff for the builders' blitz.Camelot, Morrison and Blandford Homes will REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 4 OF 66 build a home in one week.On Saturday, January 13, the celebration will start at 10 a.m. with a dedication of the homes to each family.Rosie will be on the house and Home Improvement Radio will be here for 4 hours inviting people to come down. There will be food and festivities.She is available for questions and tours.The East Valley churches will be coming out to sponsor a house after this and other interested parties. There is also the big worldwide partner who is trying to decide between this location and another location in the valley.If they have it here, everything they have seen so far will grow. They next thing they have to do is find another parcel to keep the momentum going. Vice Mayor Eck asked if they still needed sponsors for some of the homes and if there could be co-sponsors, possibly teaming up 4 or 5 corporations. Ms. Christine Odom stated it changes everyday.If they do not have the national sponsor choose Apache Junction, they will have some issues with sponsors that are valley -wide.Their employees are everywhere so they want to build centrally.They have had some obstacles convincing some sponsors it is not that bad to drive 45 minutes to build on a Saturday morning.Most of the sponsors they have talked to are not local.She thinks it will increase the community and say a lot more if they have sponsors and volunteers that are from this area.They have the Habitat for Humanity commitment that the houses will be built, but they will probably have to pull the sponsors from other resources rather than this community.The best case scenario is for the sponsors to come from the East Valley so that there are more relationships built.They like to build houses and relationships to break down economic barriers.Local sponsors and local volunteers are better for the community.A sponsorship is $65,000 but some people come in at $10,000. Vice Mayor Eck asked if they could get sponsors at $5,000 each. Ms. Christine Odom stated they could get some sponsors at $5,000 and put them all together.They may build with a bank, a school and a church, but that is okay.They would divide up the build days based on the funding that has been brought to the table. It would be a great statement for the community to consider. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 5 OF 66 They will work with them to make that happen if that is what they desire. Vice Mayor Eck commented he would like to see that happen. Councilmember Severs asked that she tell the council about in- kind donations. Ms. Christine Odom stated if a home is sponsored, they ask that half of it be cash and the other half can be the materials on the house.If they find a concrete company that states it will donate the slab, they have just raised $10,000.If they find a licensed plumber who will do all the plumbing, they have then raised another $6,000.They can do half in in -kind donations from licensed contractors and half in cash.It makes it much more palatable and it would get local contractors involved in the build. Councilmember Dietz commented he knows that Lowe's is a big sponsor for Habitat for Humanity and they are opening a new store on Southern and Ellsworth.They are calling it Apache Junction, even though it is not in the city.He thinks this would be a really good kickoff for their community involvement. Ms. Christine Odom commented they are very large and have a foundation arm wherein they can apply for $65,000.The local manager also has discrepancy money.He may not have access to $65,000 but he has some things he can personally choose.It is basically what he is passionate about.She has talked to Lowe's and they have partnered 3 times this year.She has asked them to look at the growth in Apache Junction.She added anybody that they could think of with either resources or money that can help them build affordable housing is worth going after. Councilmember Dietz commented he works for Lowe's. Ms. Christine Odom stated that he is then the in.It is an honor to build here and she appreciates their support. Battalion Chief Mike Farber, Safety Officer for Apache Junction Fire District, gave a presentation and update on the city and fire district's pandemic flu planning efforts.He stated a pandemic flu refers to an outbreak that happens worldwide and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 6 OF 66 the populace has no immunities to.It happens about every 40 years, such as the bubonic plague, the Spanish flu and the Hong Kong flu.It attacks the young and very healthy adults; roughly 40% of the work force would be gone.The avian flu is from birds, and the first few stages had no bird to human contact. It is now in phase 3 which is humans contracting it from birds. Approximately 158 people have died from it in Asia and the Middle East.The mortality rate is 59%.It will mutate to a human to human transmission at some point.At that time, the mortality should not be near 59%; it will be closer to 5%.The lower percentage does not sound like much, but in a city the size of Mesa with 400,000 people, they could have 20,000 people dead in 6 to 8 weeks.It impacts services, supplies, and socio- economic and psychological aspects.American citizens have to be identified before burial for insurance purposes and identity theft; there cannot be mass burials as in Third World countries. Apache Junction is on the leading edge of planning.City Manager George Hoffman, Assistant City Manager Bryant Powell, Fire Chief John Flynn, Police Chief Glenn Walp, Public Works Director Doug Dobson and Public Information Manager Pat Brenner have been working on this; he joined them about two months ago. Much has been accomplished in their bi-weekly meetings.They have bee working with city, county, state and federal officials on a four -phase pandemic plan.He described the 6 phases of a pandemic.Most of the testing on birds has been on the route from China through Alaska to the United States.He has just received an email that it is now in South America and will probably come up through Mexico.They are not prepared there. It could enter the country sooner than anticipated.The virus has been around since before the dinosaurs and it will mutate. The world is due for another pandemic; it could be this year or 10 years from now.Thus far they have provided flu vaccines for all city employees and fire district employees and their families.It will be offered to residents.They have also done fit -testing of masks for the police department, public works, animal control and fire department personnel as they are the ones in close proximity to the people that may come down with the pandemic.The normal flu has a 2 or 3 day incubation period; a pandemic flu has as much as a 7 day incubation period. Educational handouts have been given and the information is also available on the city and fire district websites and offices. Flu prevention items were distributed to the city employees in November 2006.Assistant City Manager Bryant Powell will be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 7 OF 66 looking at the absenteeism from this past year to compare against this following year to see if the sanitary items distributed have assisted in cutting the absenteeism rate down. They also had the mock emergency operations drill with the fire department and the police department depicting a hostage situation.They identified a lot of communication issues that they had, learned each other's command procedures, and learned how to work with each other.They recommended putting a satellite feed in the command van so they could watch in the Emergency Operations Center through the camera mounted on the command van to see what is going on outside.Good ideas came out of the exercise.They have released an influenza release algorithm for their responses in order to know who to transport and who to treat and release.They are also talking about alternative responses, using only two firefighters to respond in order to reduce the threat of exposure.They have also done infectious control training.He described the exposure issue for hepatitis B.He commented Pat Brenner has been instrumental in setting up the AZ 211 system, a manned call center that will be set up once there is a pandemic.It is currently prerecorded information.In addition, all the things they are working on also work for floods, wildfires, or any other disaster the city may have.The sick leave policies being developed by the city will also be adopted by the fire district; they are policies that will encourage people to stay home if there is a pandemic. It is important that if they are infected that they not come to work and infect others.If they do not have sick leave, they will want to come to work; this would give them time off without pay.They have also worked on reduced staffing levels.The fire district has looked at bringing in Mesa firefighters if they are not infected with the pandemic or retirees.They may augment the work force with volunteers in other things.The city might use some of the library staff for essential functions in the police department.They must increase the stock in medical supplies, and the fire district is stocking MREs. Prevention is currently having a flu shot.He stated people will take the West Nile Virus shot yet not the flu shot.West Nile Virus killed 202 people in 2002, its worst year, but every year the flu virus kills 36,000 people.Other prevention methods are washing the hands with soap and water, disinfecting surfaces such as doorknobs, telephones, keyboards, and faucets, covering the mouth and nose when coughing, not shaking hands if one is sick, staying home and using alternative methods to work REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 8 OF 66 from home.They are on track.The city has been asked to talk at the Pinal County Emergency Operations Center drill on January 26.The city has been the leader in this; another city working on this in Maricopa County is Gilbert.Not a lot of cities have been working on this much.The city is prepared and will continue to be.The next steps are budgeting for supplies and vaccinations, working on quarantine versus isolation procedures, and continuing to work with other agencies.They are discussing cognitive behavioral videos people could watch as there will be too many affected for counselors to handle. Councilmember Dietz commented what they are doing is not necessarily for the pandemic flu; it can be for any type of disaster.It is just being prepared for if it does happen. He thinks it is great that they are where they are and have taken the right steps. Battalion Chief Mike Farber stated they can use it for wildland fires and floods.Public works has worked very well with them when they have had those issues in the past.As he said, it is just being mission ready.It was nice to see that a lot of things went very well and smoothly during their drill, even though they found things that needed to be improved upon.It is a tribute to the police and fire departments, the chiefs work very well together, and the guys are professional. Vice Mayor Eck asked where the Communicable Disease Center stands on all this.He asked if it is just their information as he had heard a lot about it 4 to 5 months ago and now it seems like it has been phased out.The attitude appears to be that it is not going to come. Battalion Chief Mike Farber stated the Communicable Disease Center is with the World Health Organization.It is why they are at phase 3.They are constantly coming up with updates; anyone can go on the World Health Organization website and it will give the latest updates.The Communicable Disease Center is taking it very seriously, having just released some new information in terms of how emergency employees are to respond and protection issues.The World Health Organization developed the original avian flu response plan on November 18, 2005.The second meeting was in February 2006.Apache Junction jumped right on it.When nothing is heard for awhile, it tends to be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 9 OF 66 put to the back.The latest word states it could come up faster from South America in the poultry.A co-worker called her mother and told her not to eat any more chicken.That is not what they want.If chicken is cooked at 170 0 , the virus will be killed.It might come through Mexico, and if nothing is heard people will become apathetic.It is being taken seriously, but it might not happen this year or next year.It could be a few years down the road. Vice Mayor Eck asked if they are working on some type of vaccine. Battalion Chief Mike Farber stated there is a problem.There are 16 H proteins and 9 N proteins and it could be any combination.They cannot come up with a vaccine until it is already here.They are then looking at a 6 to 8 week period. They looked at whether it would be best to give it to people when they came down with it, but it is a 5 to 8 day cycle with 2 shots per day at 10 milligrams, which is quite a bit of vaccinating.They also looked at prophylactic injections, inoculating people prior with antivirals, but that takes 4 times the amount.The cost for antivirals is very expensive.By the time they decide which group gets it and it gets distributed, it would not do any good.There will not be any vaccine unless they solve the seasonal flu issue. Vice Mayor Eck commented he could remember as a kid the talk about the Africanized bees coming.After awhile one did not hear anything and then it was said they were not coming any more.Now they are here. Battalion Chief Mike Farber stated he remembers the programs on that.He added if anyone needs a flu shot he has some available with him for after the meeting. CALL TO THE PUBLIC Mrs. Terri Parker, 1827 W. 13th Avenue, Apache Junction, addressed the council regarding a problem on Veterans Day.The parade was wonderful and she congratulated everyone involved. However, her husband is a retired chief petty officer in the Navy and acting junior vice commander at VFW Post #7968.She is a member of the auxiliary and is the acting legislative REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 10 OF 66 chairman.A very unfortunate incident occurred on the day of the parade.While enjoying the post -parade festivities, she was approached by Chris Veleer, the president of the auxiliary, who advised her what had happened earlier in the day.Richard Shea, the grand marshal, had shown up at the post prior to the parade. He had been involved in several escape attempts from German prisoner of war camps during World War II, including the one depicted in the movie "The Great Escape".He served as a consultant on that movie.He was asked to serve as grand marshal several months ago by the parade committee.He was flattered and excited with the distinction and looked forward to the day with enthusiasm.A past parade committee member had promised to pick him up and take him to the staging area in preparation for the parade but never arrived.Chris Veleer offered him a ride, but no car had been provided in the parade for the grand marshal.She was able to find transportation for him.She believes he deserves a personal apology for this oversight which shows disregard for him and disrespect for the veterans. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented that last Thursday, KCI, an international company that does medical equipment, was having a national service conference in Phoenix.They chartered 3 buses and brought out 156 people to paint the fence around the Habitat for Humanity subdivision.It took them 3 hours and 200 gallons of paint.They had a great time out here.They were out of here by 1:30 p.m. Mayor Coleman announced he would be attending the National League of Cities and Towns Conference in Reno, Nevada starting tomorrow night and going through Sunday.He is looking forward to it. CITY MANAGER'S REPORT None. PUBLIC HEARINGS FISCAL YEAR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT STATE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 11 OF 66 SPECIAL PROJECTS (SSP) PROPOSED PROJECTS )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated she will be showing a brief Powerpoint presentation as part of the mandatory public process.It outlines the guidelines and shows what the public process entails.The application is due May 1, 2007, with the funding amount being approximately $300,000.The city can apply every year for this grant.It is a competitive grant and the projects must be ready to begin immediately.They have 2 years to complete the project which will be awarded August 2007.The grant objectives are to benefit people with low to moderate income, prevent or eliminate slum or blight, or address an urgent need.The city is 53.3% low to moderate income so a citywide project could be done, a low to moderate income project, or something to benefit target groups which include abused children, elderly persons, battered spouses, homeless people, adults with severe disabilities, illiterate people, persons with AIDS, and migrant farm workers. She commented on past grants that were approved for the city. Last year's grant proposal for 800 megaHertz radios is still pending.Eligible projects include water system improvements, street improvements, flood drain improvements, sewer, parks, social service centers, shelters, halfway houses, accessible buildings, equipment purchases for a child care programs, recreational programs, educational literacy programs, and construction could include a rehab or a renovation, housing, housing rehab for homeowners, down payment assistance, utility connections, job training and placement, credit to small businesses, small walkway construction, purchase of vacant buildings, and rehab of commercial property.The first public meeting was held on November 13, 2006.Tonight is the first public hearing.They will ask council to select a short list and direct staff to research those projects.Staff will come back to the council on January 2 with the research.It will come back to council again on January 16 for direction on which project or projects to prepare the application for.On February 20 council will review the staff report, pass the resolution on March 6 with the application due on May 1, 2007.Technical assistance is provided, but must be requested in writing in a one page summary with basic information.They will respond within 3 working days with technical assistance ending on December 26, 2006.She is the contact.She described the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 12 OF 66 grievance procedure.Projects were solicited from the leadership team on November 2.Projects were solicited at the public meeting on November 13 and the priority project was the homeless shelter.The economic development action plan team proposed projects with the priority project being a downtown area amphitheater and/or civic plaza.She added staff was asked last evening to bring some current information regarding a street project that was proposed during 2006.She stated Mr. Dobson has that current information for them. Vice Mayor Eck commented he was hoping everyone was aware of the cost situation. City Manager George Hoffman asked if they would still be able to discharge the schedule that she outlined if they did not have a meeting on January 2. CDBG Administrative Assistant Melinda Larson stated she could be creative.They have given themselves some time. Public Works Director Doug Dobson addressed the council.He stated they have a set of plans for Cedar from Broadway to 16th Avenue.He asked engineering to go with the latest prices that they could come up with.Using the City of Phoenix, November 29, 2006 bid tabulation for 24th Avenue and Camelback Road, they applied those figures to what needed to be done to get Cedar completed. The bottom line is about $1.4 million.The concrete alone is $474,406.The pavement is $366,130.It would actually be for $1.6 million because they always have to put in a contingency amount.The price of construction has gone up 50% in the last 3 months.The original dollar amount is about 2 to 3 years old. He drove down Cedar and Warner to see if there was above ground electrical as they had been talking about streetlights.Based on having a streetlight every 200', he could have a streetlight attached to the existing electrical poles.That would be 26 lights that would come in at $105,000.That is not the $300,000 they were looking for. Vice Mayor Eck asked if that is the way they decided to go because of the safety issues of REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 13 OF 66 the police department.They could increase that up to the $300,000 mark and cover more area. Public Works Director Doug Dobson stated he could go back and look at all the low to moderate areas that do not have streetlights.If they have an aboveground electrical, he could keep adding streets until he comes up with the $300,000. Vice Mayor Eck asked if he has ever seen these costs come down 50% or more in the past.He wanted to know if this is what the city would be dealing with from now on. Public Works Director Doug Dobson stated he has seen fuel over $3.00 a gallon and then come back down to $1 something.Last year's asphalt cost about $37 a ton.This year's bid was $74 a ton, which is double.He was also told that another $14 a ton would be added in April.It is all from the oil prices and from the competition with other countries for the concrete and asphalt. Vice Mayor Eck commented he believes the Cedar job has been on the shelf for 5 years.He is wondering with these costs if they should always have something ready to go and do them at half of the actual costs for prior years.They might be more in line in the following year.They have used grant money before on the north side and it has really helped out some neighborhoods there.He does not know how they could plan to really get much done in that direction with grant money now.He thought they would be able to get some of these areas with part of it. Councilmember Severs asked about chip seals and other options. Public Works Director Doug Dobson stated the figures he gave them on those are actual bid prices and that is what they can do it for.If they did all of Cedar in house, he would still have to go with an estimate of $474,000 on concrete because we do not do the concrete.They would then have to come back with 2,481 tons times $74.That is just for the material alone.It is not removal, dirt or AB.He REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 14 OF 66 cannot bring it in low enough, as the $474,000 is already above the target just for the concrete. Vice Mayor Eck commented they could do a third of the concrete on the proposed project from even a year ago.They are talking about doing some of the storm water areas.They were estimated at $150,000 last year; maybe they could be put on the shelf for just in case next year.The costs go into his concern about doing another capital improvement plan for streets.He is concerned if they cannot get a low Greater Arizona Development Authority interest, he feels that they need to go ahead and get some of these projects done on bonds just to get them done.If these costs continue to go up, he does not see how they will ever be able to do the street projects.He feels bad when he sees kids walking in the street because there is no sidewalk.There are a lot of areas for improvement.These costs will continue to rise and he feels they need to consider the street projects and just start bonding them. CDBG Administrative Assistant Melinda Larson commented this is a competitive grant.The more money that is leveraged or matched, the higher the scoring. Whenever the city matches funds or we have leveraged funds, even in -kind, that counts towards a higher score. Vice Mayor Eck asked if it would be more competitive for the city to ask for $200,000 rather than going for the $300,000 for the streetlights if the city were to put in the other portion. CDBG Administrative Assistant Melinda Larson commented she will use the 800 megaHertz as an example.The city leveraged quite a bit of funding for that particular project.It is still pending, but based on the scoring criteria, it is a major point.Another example is the food bank.The big expansion several years had Pinal County leveraging a lot of funds in kind.It made the project even more appealing. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 15 OF 66 Reverend Galeen Jane Boyette, Desert Chapel United Methodist Church, 462 N. Palo Verde, Apache Junction, addressed the council.She stated she was here on behalf of and at the request of the governing board of the Genesis project.The project currently represents 7 area churches that have joined together to be an extension of his hands through service to others offering hope and human dignity. The ultimate goal is to end homelessness and to assist those in extreme poverty in this area.Currently they are a food program offering lunch between noon to 2 p.m. Monday through Friday at her church.The 7 churches represented pay for the food, fix it and serve it.They came to the public meeting on this grant that was held on November 13 with the hope of acquiring money towards a shelter.There is a definite need for one in the city.There is definitely a need for feeding the homeless and hungry in the city.There is also a need for shower facilities, laundry facilities, and many other things if we are going to get people out of the homeless situation.They had hoped to ask for money for the shelter.They have since discovered the limits of the grant and the terms of the grant.The board has met and decided to come forward today and say they would love a shelter, a permanent kitchen and serving location, however, they do not feel that they have been organized long enough to have this project prepared and ready to go by August 1.They do not have a location in mind or matching funds to offer.They would like to leave the shelter on the table to be considered next year when they have more information.They are in need of more storage space and an office space, but those figures are coming in at $20,000 which is far short of the grant amount.Unless they can combine it with other issues, they are aware it is far below what the city needs.They will throw their support around other projects they are considering.They could use streetlights around their church and flood control.They will support anything that supports families in this area.She thanked Melinda and the staff for their assistance.They are willing to help and they are hoping the city will be willing to help them.They are not going away. Mayor Coleman asked what their long term thinking is for the homeless shelter.He asked if it would be a city -operated function or is it something that would be built and taken over by the Genesis project.There will be operating expenses. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 16 OF 66 Reverend Galeen Jane Boyette stated they did not desire it to be a city function but a community function.They are talking to the New Day Shelter, the largest shelter in the state, and they are trying to get information, facts and figures from them.There are many needs and requirements in order to get people out of homelessness. They recently sent a person to the state conference on ending homelessness in the state and they brought forward all the issues that need to be addressed to get people out of homelessness.It will be a long term thing.Their immediate course of action is to continue feeding people and extending it to a 7 day a week program.Next would be a temporary shelter, but ultimately they need a shelter like New Day where people can live long term, get a job, and save some money so that they can get into a home and learn how to budget and get medical assistance.There are several programs they can bring to the city and they are hoping to do that quickly.In the long term, they would like to have the type of shelter that is community- run and supported by people throughout the state like the New Day Shelter in Phoenix. Vice Mayor Eck asked if she was aware of a shelter in the East Valley as far as Mesa.He has done some research, speaking to Mesa's mayor, who stated he was not aware of any but that they do some regional work. Reverend Galeen Jane Boyette stated in her work as a pastor the only immediate shelter she is aware of is the Hope Center which is specifically for women who are pregnant or in abusive situations.She thought there was a shelter in Mesa, referring people to Central Arizona Shelter Services, but most of the shelters she is aware of are actually in Phoenix. Vice Mayor Eck commented he is just trying to gather information.One of the key words he used was regional.The more people that get involved, the more success there will be.Their interest has brought forward an interest on behalf of the council and he would like to see them continue with some dialogue outside of just specific grant money.There are other means to do what they are trying to accomplish. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 17 OF 66 Reverend Galeen Jane Boyette stated they would greatly appreciate that. Mayor Coleman closed the public hearing and reopened the item to council discussion.He asked Melinda if she was seeking direction on a short list of 2 or 3 projects for them to do more research on. CDBG Administrative Assistant Melinda Larson stated that is correct.She added within the technical assistance that they provide, they could work with Reverend Boyette to help her look at some additional funding sources that are available outside of this grant. Councilmember Waldron asked if she would need this on the short list to do that, or could she do that outside of the direction. CDBG Administrative Assistant Melinda Larson stated they can do that outside of their direction. Vice Mayor Eck commented he would like to see some type of street project or flood control, but he does not see what they can do for $300,000.They have been told by the police department that there are some high crime areas that streetlights would help with, and he feels that is something they could get done in time.He feels the direction they should go is to add streetlights in the high crime areas in low to moderate residential areas. Councilmember Sippel agreed. His figures showed they could do 45 to 50 streetlights with that. Public Works Director Doug Dobson stated that is correct. Councilmember Sippel stated that is a lot of streetlights. Councilmember Dietz commented if the city put in for $400,000 in funds and added the $100,000 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 18 OF 66 or they put in for $350,000 and then added $50,000, it might give them a better shot at receiving the grant. CDBG Administrative Assistant Melinda Larson stated that is correct.She and Roger went over the criteria that they use to score; that provides more points. Councilmember Waldron asked if there were any flood control projects that are on the shelf. Some intersections are worse than others.He asked if there were any there that they could use to give immediate relief. Public Works Director Doug Dobson stated the one he can think of immediately is the intersection of 23rd Avenue and Buena Vista. Vice Mayor Eck commented that is the Blevins intersection. Public Works Director Doug Dobson stated he does not have a set of plans, he has some rough drawings that have the elevations and such but they are not stamped plans.These were done a couple of years ago and they were looking at $300,000 then.It does involve concrete and some asphalt.He is not sure how much it will have gone up, but he can get back to them with it. Councilmember Waldron stated they are developing a short list and he would like to see it there. Public Works Director Doug Dobson stated he would look into it. Councilmember Insalaco asked if it is one of the worst areas in the city insofar as residential. Public Works Director Doug Dobson stated it is one of the worst.Every time they have flooding they have to go down there. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 19 OF 66 Councilmember Waldron stated Gregory is like that, too. Vice Mayor Eck commented it is one of the worst for complaints. Public Works Director Doug Dobson stated he meets the fire department down there often. Gregory is like that, too. is one of the worst for complaints. Vice Mayor Eck commented there is also the Twigg residence down there along with Mr. Blevins.It is a real problem and it would be nice to know what the current costs are.They could possibly plan it for next year. Public Works Director Doug Dobson stated they could look into that. Councilmember Severs commented there might be a less expensive way of doing it.What was suggested before would be the ultimate way, but there may be something less they could do that would solve the problem for a decent time period.They could put a band -aid on it. Public Works Director Doug Dobson commented he would look into it. Vice Mayor Eck commented he could come up with both ideas; the band -aid and the real fix. Mayor Coleman commented the other project that he sees a need for that might fall into this price range is the Prospector Park Restroom. Public Works Director Doug Dobson asked if that is the one they are working on now. Mayor Coleman commented it is in the group use area of the park. CDBG Administrative Assistant Melinda Larson stated this is a new restroom in the group use REGULAR MEETING OF THE CITY COUNCIL. DECEMBER 5, 2006 PAGE 20 OF 66 area of the park that Jeff Bell had proposed during the leadership team. Mayor Coleman commented he knows it is a long way over to the restroom at the ball field for little kids that are at the playground over in the northeast area of the park.And those are not always open. Vice Mayor Eck commented it is not very far to the bushes.It is probably a few hundred yards to the restroom. Mayor Coleman commented he remembered the flack they took for building the other one as it ran $400,000.Part of it was that they had to run the water all the way.At the time they built it, it was in the middle of nothing.The park has been built up around it.He knows there is a real need for it in that portion of the park. Vice Mayor Eck agreed.There are more people in that area than there generally are in the restroom area because the softball leagues come and go along with the Little League.There is probably more consistency in numbers of people going to the park on the northeast side.It is at least 300 yards if not 500 yards to the facility. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FISCAL YEAR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS (SSP) PROPOSED PROJECTS:THAT THEY BEGIN RESEARCH ON THE STREETLIGHT ISSUE, FLOOD CONTROL ISSUE AND PROSPECTOR PARK RESTROOM ISSUE AND REPORT BACK TO THE CITY COUNCIL ON JANUARY 16, 2007. Councilmember Sippel SECONDED THE MOTION. There was general discussion on whether they needed to be site specific for some of these projects and whether they needed direction on the homeless REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 21 OF 66 shelter.It was determined the motion already made was sufficient. VOTE:Unanimous. The motion carried. ten minute break. meeting. Mayor Coleman called for a Mayor Coleman reconvened the RESOLUTION NO. 06-55, PRELIMINARY PLAT APPROVAL REQUEST BY CINCO VIEJOS, L.L.C. REPRESENTED BY JAN MITTELSTAEDT, FOR A PROPOSED 25- UNIT TOWNHOME SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF ROYAL PALM AND SCENIC STREET )Senior Planner Rudy Esquivias briefed the council on the item.He stated the property was rezoned with planned development designation last July.It had been zoned for apartments for many years, but the apartments had long fallen into a state of disrepair.The property had become a nuisance in the neighborhood.The developers saw an opportunity on this property.They have kept the base CR-5 zoning on the property and put a planned development designation on it for the purpose of building 25 townhome units.The conceptual layout was approved in July and the preliminary plat reflects this layout.There are a number of recommended conditions attached to approval, including that all CR-S zoning requirements and conditions as prescribed by the ordinance shall be observed, the final elevations of the townhomes shall comply with the architectural styles and motifs described in the design guidelines and planned development rezoning, all applicable fees shall be paid, and street improvements shall be completed on Royal Palm and Scenic, with the development being allowed to be constructed with the rural standard as it is in the "Y" area.This means there will not be perimeter sidewalks or streetlights, the streets will be widened with asphalt and approved with Maricopa edges to create a more rural type of feel in compliance with the rest of the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 22 OF 66 neighborhood.The subdivision CCRs shall prohibit tenant and guest parking spaces from being used for anything but apropos vehicles.Recreational vehicles, boats and other vehicles of that sort need to be parked elsewhere.A homeowners association shall be formed to provide for the perpetual maintenance of all the common areas.The developer shall provide the area amenities as proposed in the planned development, which include a swimming pool in the central area and picnic barbeque types of amenities.Staff recommended one more condition be added last night.Staff would like to have a preliminary plat mylar that addresses all comments by the development services engineer. The planning and zoning commission recommended unanimous approval.Another item has come up regarding how the new Proposition 207 affects this case and all cases currently in process as well as all cases they will be looking at in the future.He deferred to the city attorney for that information. Councilmember Severs commented one of the stipulations in the past regarded notification to all the residents about Superstition Skies.He asked how that got handled. Senior Planner Rudy Esquivias stated it is in their rezoning ordinance.It is one of the rezoning conditions.They are also asking the developer to include the statement in their disclosure and possibly in their CCRs and it may be noted on the plat itself. City Attorney Joel Stern stated he did not want to get into the details of the proposition.The people voted to add a new statute, 12-1124, Dimunition in Value.It is a new cause of action that can be brought against the city or town if the city or town passes a land use regulation, which could be an ordinance, resolution, or any kind of action by the council that affects any real property interests.It is very broad.It is now law as of yesterday and becomes effective immediately.His recommendation, which the statute allows, is to negotiate with the property owner to essentially waive a claim of dimunition in value.In the future he will recommend that property owners sign a Proposition 207 claim waiver.They already have one in the case that is coming up after this one.He thinks it should be signed in this case, too, even though this is just a preliminary plat.The new REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 23 OF 66 statute references any resolution in addition to an ordinance or any real property interest.They can approve this and make it a secondary condition, not part of the resolution.The mayor could sign it conditional upon the city attorney's office receiving a fully executed Proposition 207 claim waiver.The alternative would be to continue this until the council wants to see the signatures.They could continue it to a date certain. prefer they go the waiver route. asked if he meant in the motion. correct, that would condition it. way this moves forward. that is correct. applicant address the council. Mayor Coleman stated he would City Attorney Joel Stern Mayor Coleman stated that is Vice Mayor Eck commented that Councilmember Severs stated Mayor Coleman requested the Senior Planner Rudy Esquivias stated he does not believe the applicant is here tonight.He was under the impression that the council would continue this item and he was agreeable to that. Councilmember Dietz asked why he is agreeable to a continuance. Senior Planner Rudy Esquivias commented because of Proposition 207.The owners of Cinco Viejos L.L.C. are based all over the country.It will take a little bit of time to gather the signatures of these owners. Councilmember Dietz asked if they can go through and approve it tonight on the condition of receiving a signed Proposition 207 waiver. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 24 OF 66 Senior Planner Rudy Esquivias stated they could. City Clerk Kathleen Connelly asked if the mayor should not sign the resolution until the waiver is received. City Attorney Joel Stern stated his recommendation is the motion be that the mayor not sign until the waiver is fully executed and received in the city attorney's office. Councilmember Insalaco asked if they can vote on it. City Attorney Joel Stern stated they can vote on that with the condition that the mayor will be given authorization to sign it upon the city attorney receiving the waiver.He can then notify the mayor. Mayor Coleman commented he may have spoken too soon.He assumed the applicant would be here and if they are under the assumption that it would be continued they might want to do that.It has been advertised as a public hearing so they still need to go through with that.He asked Rudy what his opinion was as he had spoken with them. Senior Planner Rudy Esquivias commented his impression was that the applicant would not see a big problem in having this case continued.The other caveat is he told him the next council meeting would be January 2, not January 16.He did not have a problem with continuing to January 2. might want to go ahead with public hearing on the item. speak, he closed the public council discussion. Mayor Coleman stated they this.Mayor Coleman opened the There being no one wishing to hearing and reopened the item to Councilmember Severs asked if he was saying they were going to go ahead and continue this or move it forward.He would like to see it keep moving forward. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 25 OF 66 Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-55, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "ROYAL PALMS" TOWNHOMES SUBDIVISION IN CASE SD -3-06 BY CINCO VIEJOS, LLC, REPRESENTED BY JAN MITTLESTAEDT, BE APPROVED WITH THE FOLLOWING AMENDMENTS: RECOMMENDATION NO. 8, THE MYLAR DRAWING OF THE PRELIMINARY PLAT SHALL ADDRESS ALL OF THE COMMENTS MADE BY THE DEVELOPMENT SERVICES ENGINEER AS CONTAINED ON A RED LIGHT DRAWING PROVIDED BY GRIFFIN-JACOBS ENGINEERING DATED 10-5-06, AND THAT THE MAYOR SIGN THIS RESOLUTION CONDITIONAL UPON RECEIVING A SIGNED PROPOSITION 207 WAIVER FROM THE PROPERTY OWNER. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1283, PZ-13-06, CITY- INITIATED REZONING FROM TH/PD TO C-3/PD FOR APPROXIMATELY 1.9 ACRES AT 2851 S. TOMAHAWK ROAD FOR A FOUR STORY 121 -UNIT EXTENDED STAY HOTEL ) )Assistant Planner Mike Heuchert briefed the council on the item.He stated this case was recommended for denial by the planning and zoning commission by a 4-2 vote.There have been a few changes since then.The current zoning is TH/PD and the site is part of a larger 16.5- acre parcel.Only the 2 -acre piece is subject to rezoning in this piece.Jacob's Ranch Mobile Home Park is to the north, the highway is to the south, and there is a mix of single family homes and duplexes to the west.He showed the council the proposed site plan and landscaping plan on the overhead.There are a few parking spaces provided in the front landscaped area which is normally required to be entirely landscaped.The developer states that Value Place is an extended stay hotel concept with minimum weekly rentals.They have over 535 franchises sold to date.The demographics show 81% male guests, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 26 OF 66 73% are from out of town, 27% from in town, approximately 50% are blue or gray collar workers, 36% white, 14% are homemakers or unemployed students, 56% do not come from a house or apartment when they check in and 58% do not return to a house or apartment when they leave.He showed the current elevation, with stone façade being added to the outside in a few areas and some wrought iron decorative features around some of the windows.The base has been changed on the new sign proposed. They are proposing a 45' high, 200 sq.ft. sign face with an animated LED screen.According to the zoning ordinance, we measure the height of a sign from the adjacent road grade.The road in this area is elevated a little bit so they would be allowed a 24' sign.He showed the proposed animation.They have agreed to slow it down a bit under one of the conditions, but that could be difficult to enforce.The planned development deviations they are asking for include a 4 -story building, 39'10 3/1" high to the apex of the roof.The C-3 zoning allows a 30' maximum height.They want to provide parking in the 25' front landscape area; our ordinance requires that entire area to be landscaped exclusive of access points.They do not want wall separation between the developments; Ordinance 940 would require an 8' wall on one side and a 6' wall on the other.They are requesting a 45' tall freeway sign; 24' tall is what is allowed by ordinance.They would also like to have a changing message sign which is prohibited by our ordinance.Their concessions to the city are architectural, providing red tile roofs, stucco finish with earth tone colors, pop outs, and the wrought iron stone enhancements.If this is approved, they would like to proceed with a commercial subdivision on the property.He showed them a conceptual drawing of the future subdivision. Conditions of approval include street improvements normally required as part of the subdivision; architectural character of the building to include stucco finish, façade enhancement, window awnings which was put in before he got the most recent elevation so it could be changed to the wrought iron window treatment, 4 -sided architecture for pop outs and east and west porticos; building height shall not exceed 39 110 3/1"; sign height limited to 35' which is consistent with other planned developments along US 60; sign animation shall not be allowed since it was denied by planning and zoning; landscaping to be installed in accordance with Ordinance 940, including landscaping the entire front setback area; 6' screening wall or wrought iron fence required along the west property line; an 8' REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 27 OF 66 fence is not required along the east property line and along the front property line they must have either a 3' pony wall or a berm to screen the parking lot from the street. Mayor Coleman asked if the east property line is the one that abuts Jacob's Ranch. Assistant Planner Mike Heuchert stated it would not be abutting for this piece that is being rezoned.There is more vacant land between the parcels that will eventually be developed into additional commercial property.All applicable permits shall be applied for and the next land split shall require a subdivision process.Trellises and climbing vegetation are to be provided on the north and south faces; he got this condition from a similar hotel project in Phoenix.The vegetation will visually break up the building mass. Vice Mayor Eck commented he talked to the developer on the sign and suggested he do a column post to create a certain look.He was not concerned about the weekly rates as someone investing $4 million should know what their market is.He is concerned about the look.He thought the sign would be a column post and the sign would be set within the column posts.He thought it would look better.He gave them some suggestions and hoped their engineer would come up with something better.They are obviously two different projects from the one planning and zoning looked at and the one the council is presently looking at with the changes that were made to that building.He thinks it looks very good.His biggest concern is the sign.He is seeing more and more of this type of sign throughout the valley now with the lettering and the wording.The first one they showed looked more like a Vegas Strip type of sign.There are definitely more of these signs that have some gradual messages.If done right, the lettering is more appeasing. Councilmember Sippel commented they have given us a proposed plan of what that property could look like in the future, and we have all been given those kinds of plans before and know that those do not always happen.His suggestion on the sign was to make it so that they could add things into that sign as seen at the Signal REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 28 OF 66 Butte area so that we do not have four to seven 45' signs along the freeway 10' apart from each other.He still has an issue with the LED being anything.There are neighborhoods in that area; north is a mobile home park, east is Jacob's Ranch, and he would not want $189 flashing in his bedroom window every 30 seconds.He has a real issue with that.He has seen a couple of those signs along the 202 near the autoplex where nothing but commercial is there.There is no residential and he does not feel it is an appropriate sign for this area at all.The height of 45' is way too tall. Councilmember Insalaco commented when they met with the developers one thing mentioned was the trellises.The maintenance on climbing catclaw going up the side of a building is tremendous.It also damages the structure.It is something he does not think is necessary.He has a little problem with the sign as he does not like the little birdhouse on top.He thought it was going to be within the columns.However, compared to the first design that was at planning and zoning, if they had seen what it had been changed to, it probably would not have had the same effect that it did. He agreed with Councilmember Sippel about the sign flashing so much but he has seen more of them; they are all over the place now.He thinks if it had been in a little lower section, it would not be as outstanding as it is being 45' in the air.The only problem he has is the birdhouse; everything else they did a good job with meeting a lot of the things we wanted. Councilmember Sippel asked Mr. Heuchert to go to the slide that shows the type of clientele this extended stay hotel states they have.He commented those numbers are what they are.He is assuming the 81% male translates into them being long stay construction workers.The 73% makes him believe it even more so as they would be construction workers coming in from out of town to do a job and they stay the long stay.He does not see this as a final destination that people would want to stay at when they come to see something at the rodeo grounds.He does not feel this is an appropriate hotel for our community. Councilmember Dietz commented he does not really like the location. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 29 OF 66 Councilmember Sippel agreed. Councilmember Dietz commented it should be moved more into the city.It is low end. Councilmember Sippel commented the location is not appropriate for the community. Councilmember Severs commented he agreed with Councilmember Insalaco on the trellises and he suggested that they remove them as they are a home for spiders and scorpions and everything else.They do a lot of damage to the buildings.Animated signs are the way of the future; that is what is happening and what everyone is going to. They are not looking at the Vegas Strip, they are looking at a simple changing sign.Studies show that something that changes catches your eye more.It is the way of the future and they are thinking about future growth.If you drive down the 202 it is a beautiful freeway with beautiful developments down there.There are some homes near those developments and you see a lot of those signs now.He likes to think of the city as moving towards the front of the pack and leading in a lot of aspects. He would like to be the same way with this situation.He is not saying he wants these signs every 10 feet.They can accept it now or 5 years from now; it is what is coming.They have gone above and beyond for us over what they have done in any other community.He has seen their buildings and he has seen what they were not willing to do in the other communities.The changes they have made are amazing.The architectural changes are beautiful.The landscaping is beautiful.Hopefully it could be the beginning of the commercial subdivision.He knows they went through the same promises with someone else and you can see where we are at.If this goes through, it will be a beautiful commercial subdivision and it would give the visitors variety.They will have the low dollar extended stay for those people who could not afford to stay in the one next door that is more expensive.Hopefully we can get that as well.He thinks this is a good beginning.They will show us some beautiful things tonight and hopefully it will make our decision easier. Vice Mayor Eck asked if Councilmember Dietz and Sippel still feel like it looks like a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 30 OF 66 lower end project now, as far as the building and excluding the sign. Councilmember Sippel stated the building is okay, it is better than what they saw a month ago and better than what planning and zoning saw a couple of months ago.He just does not like the concept, especially there.He frequents these types of places, although not the Value Place, when he has schooling in central Phoenix.He stays at a long stay hotel for a 4 day weekend.It is no different from that one, which is Inn Suites, and he is sure these have a kitchenette and everything.However, that is set next to Metrocenter and it is in a huge commercial area.There are 5 of these hotels in that area.There are office buildings and the mall.There is no residential in that area.He understands that it is in the freeway corridor and they will hopefully have a lot to put on that corridor.He wants to make sure that they put quality stuff on the 60 corridor like the stuff that is at Signal Butte and Ellsworth.We do not have a lot of it, just the strip, so he wants to make sure they put quality items in that area.He is not sure if the Waffle House and those types of things are what they really want in the corridor. Councilmember Dietz commented that is basically his concern. Councilmember Insalaco asked how they are to attract people to that corridor if they do not start showing something like this.Right now all they see is vacant land. Councilmember Sippel stated they have a hotel one block west. Mayor Coleman requested the applicant address the council. Mr. Donald Rich, BAC Development, 1400 N. Kellogg, Suite F, Anaheim, California, addressed the council.They are the developers for the project and he would like to address some of the items that have come up tonight.They are spending about $5.3 million to develop the project.They have agreed to a 35' high sign; they had asked REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 31 OF 66 for a 45' high sign.They would like the 15 second interval on the animation.It says kitchen, full service, and those types of things.They had agreed to the 15 seconds earlier but staff has taken it away tonight and they would like to have that interval on the sign.He is willing to lower the sign and take out the neck on it, lowering it down to the cross braces.They can lower it down through that.They would not have the neck sticking up; they would lower it down and set it on top of the crossbar. Councilmember Severs asked if future businesses such as a restaurant would be able to put its sign in between the two columns. Mr. Donald Rich stated they would prefer not to as they have over 1,000 feet.They would like to be able to put more signs as they develop, such as the proposed full service hotel and a restaurant to the east.They would like to have a sign every 300' or so. Councilmember Severs commented he would have a better chance of getting it past the community if they add them to that sign. Mr. Donald Rich stated if that is their requirement, then that is what they would go with. He is just saying what they would like, but they will go with whatever is required, as long as it is down below the Value Place sign in between the columns. Councilmember Severs commented they have similar signs at the new development at Signal Butte and the freeway. Mr. Donald Rich stated if that is their recommendation, they will do that.They will lower it down and they could put the signs in there. Councilmember Severs stated he just wanted to clarify if they would be able to do that. Mr. Donald Rich stated they can do that, as long as they put the Value Place up top and the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 32 OF 66 others down below.They have agreed to put up the trellis.As far as the long stay, a lot of their guests are snowbirds.Our average stay in the Value Places that are open, there are currently 640 franchises across the country, with the average stay being 93 days.They are long term stays for snowbirds, construction workers, hospital people, students and doctors. They are people who are there for a long stay so they have a long stay in their hotels. Councilmember Waldron asked what he meant by a long stay. Mr. Donald Rich stated he meant 93 days.They stay an average of 93 days.They rent by the week. Councilmember Waldron asked if they stayed continuously 93 days. Mr. Donald Rich stated that is correct.In their hotels they only rent by the week.They get checked out every week and then are checked back in.It is like an apartment, being checked out and checked back in.This allows the city to continue to get the TOT.If the stay is over 30 days a lot of times the TOT drops off. Councilmember Waldron asked what TOT is. Mr. Donald Rich stated it is the transient occupancy tax.That is the money that goes to the city so they want to make sure they are assured of that.They can then control the ones coming in and out. Vice Mayor Eck asked if we receive that on any income we receive. City Clerk Kathleen Connelly stated we have a transient lodging tax.Up to 30 days it is 4.2%, after 30 days it drops down to 2.2%. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 33 OF 66 Mr. Donald Rich stated they want to keep it at the higher rate so they check them out and in so that the city does not lose the higher rate. Mayor Coleman commented what they are saying is that their stay is only a week long and then they re -up for another week. City Clerk Kathleen Connelly asked if they stay as long as 93 days at the higher tax rate. Mr. Donald Rich stated they are always at the higher tax rate.They physically check out everyone in the hotel and they have to put up a new deposit every week and check back in.This is so the higher TOT rate stays in effect for the whole time.It is also for if they want to get rid of them, they can get rid of them if there is some reason why they do not want them to check back in.When they try to check back in, we automatically kick them back out.They also have on their lease that they can kick them out on a daily basis if someone is causing problems.They can tell them to leave and they are gone immediately. Vice Mayor Eck asked if this is eligible for our police program. City Attorney Joel Stern stated that would be the crime free multi -housing program.He has seen that done in some cities with motels.They did it with motels in a very high crime area in the city where he had previously worked.It did improve the area if the manager and hotel were enrolled in the program, and if they met everything the police department said they had to meet.It really did improve the crime there.It could be adapted to a hotel. Vice Mayor Eck asked someone to explain what that means to Mr. Rich if the city were to request that. Mr. Donald Rich stated he thinks he knows what the city attorney is talking about.Their hotels are central corridor, electronic locks, you cannot get into the hotel without a key, they are monitored with cameras, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 34 OF 66 they encourage the police to walk the hallways and have their canine units walk the hallways, and they always work with the police department on coming out to see them.They have the cameras and they are constantly monitoring them to get the best use of the hotel. Vice Mayor Eck asked if there is zero tolerance if there was any type of arrest made or drug use. Councilmember Waldron commented he thought that was in the Section 8 stuff. City Attorney Joel Stern stated the crime free multi -housing program has that in it.It can be adapted to hotels and motels.In Riverside they required picture identification with a credit card and they would not accept cash. Mr. Donald Rich stated that is what they do.They have to have picture identification and must be able to pay with a credit card as they will not accept cash.It is required for every week that they check in. City Attorney Joel Stern stated it sounds like he has some of the elements already. Currently the city only does this with mobile home parks and apartment complexes.He believes it can be adapted to a hotel. They could ask the applicant if he would agree to that type of program. Mr. Donald Rich stated they already have it in effect.It is already a part of their operations. Vice Mayor Eck commented ours might have a few different items that they do not generally do. He does not think they differ much.It is primarily what happens when someone gets arrested. Mr. Donald Rich stated when someone gets arrested they are kicked out. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 35 OF 66 City Attorney Joel Stern commented he is saying he would agree, but is he saying he would agree to enroll in a program that the city would set up that would encompass the crime free multi -housing elements. Mr. Donald Rich stated they would agree to that.It is part of their program and they will agree to it. Councilmember Sippel asked where else in the metropolitan area is there a Value Place hotel built, not just a franchise. Mr. Donald Rich stated none have been built.There is one in Phoenix that was approved by the city council and they will start construction shortly. Councilmember Sippel asked where in Phoenix. Someone from the audience stated Maryvale. Mr. Donald Rich stated it will be at Interstate 10 and 43rd Avenue. where in Phoenix. stated Maryvale. Councilmember Sippel commented they showed them a map marked all in red for franchises sold.He asked how many buildings have been built and where. Mr. Donald Rich stated none in Phoenix.They are proposing another at Deer Valley and Interstate 17 that is currently in the process of approval. They are also proposing another at Interstate 10 and 32nd Street.They are committed to building 15 in the Phoenix area themselves, but in Arizona, the only one that has been built is in Tucson. Councilmember Sippel asked where in the country they are.He stated there are over 600 franchises, but are there only 100 buildings built. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 36 OF 66 Mr. Donald Rich stated there are about 45 built.This franchise only started about 3 years ago by Jack Devore, who started Residence Inns, then Summerfield and Homeless Suites.In 3 years approximately 40 have opened. They are opening one next week in El Paso, they will have 2 more in El Paso and they are building one in Las Cruces.The latter should be opened in about 120 days.They are coming on board. There are about 640 franchises that have been sold.It is the fastest growing franchise in the hotel industry that there has ever been, according to the New York Times.They plan to build about 24 in the next year. Councilmember Waldron commented they indicated in the project area that there would be a full service hotel eventually. Mr. Donald Rich stated they have the entire 16 acres of which they are rezoning 1.9 acres for this hotel at this time.They plan to develop and come back with the remaining 14 acres in 2 to 3 months with the master plan.They are proposing in the master plan a full service hotel, restaurants, maybe a fitness center, and an exclusive restaurant on the other side of where the engineers state a waterway has to go. Councilmember Waldron asked why they did not start with the full service hotel and then not do this project. Mr. Donald Rich stated the Value Place is the one they want to get built first. Councilmember Waldron asked why. Mr. Donald Rich stated because Value Place is their development. Councilmember Waldron asked if they would be developing the rest of the property. Mr. Donald Rich stated they are going to sell it off.They will not be building it.They REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 37 OF 66 have it under contract and they have some interest for the other sites already.They will sell those tracts to other developers to do.They have the other 14 acres under contract, they plan to exercise their options and they have met with the planners. They will not build as they only build Value Place hotels themselves. Mayor Coleman asked if he was finished with his presentation as they had started asking him some questions. Mr. Donald Rich stated he had covered what they had agreed to do.They agreed to the 35' sign; the only thing they have not agreed to is the 15 second display.It was earlier agreed they could have it, tonight they came back with something different and they would like the 15 second interval changes back.They agree with everything else staff says and they will agree to not putting up the trellises if that what the council recommends.He does not feel they need to be there. Vice Mayor Eck commented he thinks that was a staff recommendation and off the primary building because it had that barn -like look. Mr. Donald Rich stated he thinks they wanted a little pizzazz to the end of it but he thinks they can do it with stucco and what they plan to do. They will also have heavy landscaping on the property. City Attorney Joel Stern commented the owners did sign the Proposition 207 claim wavier today.On the crime free housing program there is something called CPTED, Crime Prevention Through Environmental Design. This is where the physical surroundings are built so that crime is prevented.There would be no foliage in front of windows or glass to see through to the lobby so that they know what is going on.That is all incorporated in the crime free housing program. Mr. Donald Rich stated they have no problem with that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 38 OF 66 City Attorney Joel Stern stated there would also have to be surveillance in the parking lot. Mayor Coleman stated he received a very unusual letter from the Mesa Convention and Visitors Bureau basically saying that Value Place had wanted zoning in Mesa and that they had recommended against it.It was abandoned before it went to the planning and zoning board.The director states it might seem strange for the entity that promotes tourism to be in opposition to adding new product.He asked if he knew why they would be writing him a letter saying they are in opposition.They also state they commend our planning and zoning commission for recommending denial. Mr. Donald Rich stated he believes it is self-serving.If they do not build in Apache Junction, they would probably apply in Mesa and they would then get the transient occupation tax.That is his feeling, but he may be wrong.They have hospitals going in over there and they need the hotel facilities in that area.He thinks that is what they are trying for. Councilmember Severs asked if anyone had approached the City of Mesa about building one of these there yet. Mr. Donald Rich stated they have not found the land there.They possibly will.They are committed to Value Place; his group has already paid for 90 franchises across the country.Fifteen of them are in Phoenix, so they are committed in Phoenix.They like this area, Deer Valley, and I-10 and 32nd Street.As they find land available they will try to put a Value Place hotel at that location.But they like this area and they really like the entire 16 acres here.They want to develop the entire 16 acres with a master plan.They will be back to the council with that master plan in 2 to 3 months so the council can see what they are proposing. They did this one first so that they could get the Value Place built and operational and then go ahead with the rest of it. Councilmember Severs asked where Terry McDonald stayed while he worked for the city.He REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 39 OF 66 thought he might have been put up by the city at a hotel.He also asked if it is common practice for the city to put temporary employees at a hotel. City Manager George Hoffman stated they did put him at a hotel but it is not common practice. Councilmember Severs commented this would seem perfect for that situation in the future.It would also be only one mile away from the hospital if we ever get one.People have extended stays in the hospital and their families would have to stay somewhere.It would be perfect. Mr. Donald Rich stated they like being close to hospitals.They are doing one now in El Paso which is adjacent to a $350 million hospital.They get the nurses and staff that stay with them.They stay long term just like an apartment. Vice Mayor Eck commented he called the gentleman from Mesa about the letter.He questioned him about it and he could not understand what agency he is with or what they do.It sounded like a chamber of commerce type of issue.The Mesa man's opinion was that this is like a lower class of development and they are looking more for the Hiltons and higher end; they are trying to stay away from these.They were supporting us in that.After speaking with him and telling him of the change in the designs and quality, the Mesa man then congratulated us on doing something more with this than what was previously given to us.The vice mayor stated he understood it to mean that they tried to go in and develop one of these in an area in Mesa where they felt they could get a higher end product and there was only so much property left there.He understood the Mesa man to be congratulating us for following their lead. Mr. Donald Rich stated there is a need for the high end, 4 diamond and 5 diamond higher priced hotels.His group is serving an element that wants a clean, safe hotel at a reasonable price.They do not have a pool or an exercise room because they do want to pay for it. They do not give a continental breakfast.They keep the costs REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 40 OF 66 down for people to have a clean, safe hotel to stay in, which his group thinks is great, and if they want to pay more they can go to the upper scale hotels.This has been well received. Their occupancy across the country, on the ones that are open, is running 98% occupied.It has worked out real well. Vice Mayor Eck commented the Mesa man's opinion changed when he was told that they had gotten them to make quite a few revisions on the design of the building. Mr. Donald Rich stated they like the revisions.They are talking about using the design in California.and some the other locations, especially the window treatment and making it look like they are looking out over a balcony at the mountains.He really likes the design. Vice Mayor Eck commented the only concern he still has is the sign. Mr. Donald Rich stated they will work with staff on that.They will lower it down and they will come up with something else.He is not locked in stone on that.They can leave that open, he will sit down and work with staff, the council can talk to staff and they can work it out, as long as they have the 35' and the 15 seconds. Mayor Coleman opened the public hearing on the item. Mr. Samuel Condon, 920 E. Estevan Avenue, Apache Junction, addressed the council.He commented that no one on the council has suggested a time frame for the sign to work.If they would like a flashing sign and everyone is worried about the residential area, then turn it off at night.There is not that much traffic on this freeway at night time.If they want it for during the day, especially at the heaviest traffic times during rush hours, then turn it off for certain hours.That way it does not affect anyone sleeping in the residential areas.The signs are common.There is a huge one on Shea and Beeline by the casino.It is distracting and he does not know if it will cause more accidents.Over there you are trying to turn and are watching the red lights REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 41 OF 66 while this thing is flashing in your face.That one is huge, big and bright.This one may be a little different.Maybe certain colors would be an option.He thinks turning it off at night would cause less effect on the residential areas. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Severs asked if it would be inappropriate to ask someone from the police department some questions about activity around this type of establishment. City Attorney Joel Stern stated he can ask but he is not sure they would be prepared.He does not know if they have been asked to come up with any statistics for crime. Councilmember Severs requested Interim Commander Jay Swart address the council.He asked if a hotel of this type would be more prone to more crime because of all of their camera systems and precautions that these people are willing to take.He asked if he sees it as a problem. Interim Commander Jay Swart commented he is not familiar with this company or its exact concept.Joel mentioned earlier about CPTED, and if they subscribe to CPTED then the police department would be involved from the beginning phases in terms of implementing some of the different phases of security systems.In those particular cases that is how you reduce it from the beginning. Vice Mayor Eck asked if CPTED is a part of the crime free housing program. Interim Commander Jay Swart stated that is correct.It will allow the police department to get in at the early beginning of it and help in terms of going in and looking at the schematics and almost being involved in the early stages of the planning to insure that they meet all the requirements for that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 42 OF 66 Councilmember Severs commented CPTED is very large in Tempe.It is actually a part of the building permit process they approve.It is just like planning and zoning and everyone else.They approve whether you have cameras in the right locations and that the walls do not create areas for people to hide behind.It is an awesome program.They have already done a lot of this in their plans. He would like to see if they would be willing to participate in CPTED. Vice Mayor Eck stated he has already said they would. Mr. Donald Rich stated from the audience that they would. Councilmember Sippel commented he believes the area west of the project is in Pinal County.That area is under the jurisdiction of the sheriff's department and, if he is not mistaken, it is one of the higher crime areas of the community.It would be amazing if they were able to have a safe haven at this one building across the street from one of the worst crime areas that we have in the community. He does not see how this hotel will solve the crime issues in that area.He does not think that it would add to it, but he does not see this as the solution to the whole area. Councilmember Waldron commented the weekly rental bothers him.They can say that people check out and check back in, but in essence this becomes an apartment building.He does not think it is something they need.It is why he asked the question about a full service motel, and the response was that they are going to sell the property anyway.He is not sure there is investment in the property and that extended stay portion bothers him. Mayor Coleman asked about the transient occupancy tax. City Clerk Kathleen Connelly stated we have a 2.2% tax on rentals.There is an extra 2% on anything that is less than 30 days. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 43 OF 66 Mayor Coleman commented that in their model, by checking them in and out every week, would mean the guests stay at the higher tax rate, which he states is a benefit to the city.Even if they stay for 93 days on average, they would still pay the higher 4.2% tax rate. Councilmember Severs asked what the occupancy rate average is. Ms. Christy Lane, BHG Development, 1400 N. Kellogg, Suite 5, Anaheim, California, representing Value Place stated with all the facilities that are open it ranges between 90% to 98%.Some have been running at 100% after being open for only 2 weeks.Location makes a big difference.She wanted to discuss the remarks about crime and the programs.From the operations perspective, they are not there to solve any crime issues or problems, but there is a very strict program in place.The property is toured a minimum of 10 times a day.Two of the staff live on site. City Attorney Joel Stern commented he is not sure if they are still in a public hearing. He may want to open back up to the public again or have the applicant come forward again or both. Mayor Coleman stated this is the applicant. City Attorney Joel Stern stated they may just want to open it back up to the public. Ms. Christy Lane stated the last tour is between 11 p.m. to 1 a.m. from one of the individuals that lives on the property.From a security perspective, it was mentioned there are security cameras.There is no entry into the facility without security keys.It is toured and inspected both internally and externally.The property managers work with the local law enforcement officers to develop a program for coming around and touring the facilities as well.They try to work within the community to solve any issues.Meth labs and drugs are of major concern, and they are a major concern within any hotel.The property managers go through a certification program and everyone is REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 44 OF 66 trained so that they know what to look for.The weekly rental, having the resident check in and out on a weekly basis, allows us to go in and inspect the rooms on a weekly basis.They can see what is going on. Councilmember Waldron asked how they handle the argument that, if approved, the council is allowing the competition of an extended stay hotel where the people stay an average of 93 days against the city residents who have winter rentals for our visitors. Ms. Christy Lane stated she believes there is enough of a demand out there.She has not looked into what the rental capacity is here in the city, but she believes it is at a pretty high capacity rate.The demographics they have seen so far for Value Place have not factored the snowbirds into it.The numbers and statistics are taking into consideration contract workers, temporary workers, certified public accountants, doctors, and construction workers. Councilmember Waldron commented he had earlier stated 93 days and that would take in the winter visitors. Ms. Christy Lane stated the snowbirds are a piece of it that this area definitely will encounter.Florida, as a new area opening up, is a new area that will be encountering and facing it.It will have a major impact on the capacity and the occupancy rate.That is a new factor coming into all the statistics.Being a brand new concept that has just started in 2003, there are a lot of demographics that have not been looked at and considered yet. Snowbirds will be a big factor and piece of that.The first one in Florida opened in Pensacola 4 months ago and it was at 100t capacity in 7 days.That is something they are bringing into the demographics, and it will be a big piece. Councilmember Waldron stated that is his point.A motel is one thing.A Value Place apartment is something else.It is a full time rental.He understands he can check out weekly, but he can also stay for 3 months.We have a lot of winter visitors that come down for 3 months.There are people in the parks that rent their park REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 45 OF 66 models for the 3 months.They are asking the council to say yes on a hotel that is in fact a rental.It is rent long term. Ms. Christy Lane stated it is a brand new concept.It is a hybrid between an apartment and a hotel.It combines the best of both of them.With the apartment rentals that he is talking about, the residents would have to pay all of their utility bills, their gas, electric, television and everything else.With the Value Place, all of that is included within their weekly rental. Councilmember Waldron commented people do that when they rent anything.That is part of living.His point is this is not a motel.She just uses the word apartment, a hybrid. Ms. Christy Lane stated it is a hybrid between an apartment and a hotel because it is based on a weekly rental. Mayor Coleman commented they could rent for 3 months at a regular hotel if they could afford it. Ms. Christy Lane commented you would probably go broke. Mayor Coleman stated it would not be $189 a week. Councilmember Insalaco commented they have 121 rooms.He asked rhetorically how many winter visitors does the city have come here and answered thousands. Councilmember Sippel commented they still have parks that are empty and ones that are full. Councilmember Severs commented he has some friends that are snowbirds and they come here for 4 to 5 months; he talked to 3 or 4 different couples. He explained this concept to them.One couple brings a 35' REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 46 OF 66 fifth wheel with them and another brings something that is like a semi.The lot rent alone is as much as this to store their vehicles.They said if they could get something like this they could drive their truck and save the gas money they would use pulling the trailer.They would love to stay in something like this.They have not done it before because it is so expensive. He thinks they will get a lot of winter visitors in this place and the ones that stay in the park models will continue staying there.It will open it up to a whole different element and he thinks the city will get more winter visitors because of this. Mayor Coleman reopened the public hearing on the item. Mr. John Kantowski, 835 W. Windsong Street, Apache Junction, addressed the council.He has no vested interest in this and does not know the area that well. However, he does know construction and these hotels and apartment complexes like this because he has lived in them for 3 or 4 months when he has been away from home.He does not believe they will get just doctors and construction workers.It also brings people from the high crime area that cannot afford houses and have been kicked out of different houses that have to stay week by week at places.It concerns him as a citizen of Apache Junction, especially with the council saying they have had these problems with other developers with their saying they would be developing the rest of the property, that these people are already saying they are not going to develop the rest of the property.They are going to sell it off.He believes they will have problems down the line if they do sell it off if there are no restrictions or control of the property on what is going to be developed.Again, it will not just bring doctors and construction workers.In the summertime when it is 105 degrees and there are no winter visitors, with $5.3 million invested, they will be looking for occupancy. Mr. Donald Rich stated he wanted to address the other 14 acres.They have an agreement with the city that was signed about 2 years ago wherein they have to come back with a planned development for whatever goes in on those 14 acres.The council will know exactly what is being planned for those 14 acres.It will say where there will be a hotel, a restaurant or a fitness center.It is something REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 47 OF 66 the council will have to approve.It is part of the agreement with the city. City Attorney Joel Stern stated the developer would have to come back with the planned development plan.The council does not have to approve it. Mr. Donald Rich stated that is true, but they have to present a plan to the council.They do not have to approve it.If they do not like the plan that is presented to them, they tell them to go back and come back with something else.They cannot just sell what they want to; they have to have a given plan to bring back to the council with landscaping, setbacks, etc., and the council either approves or denies it. Councilmember Sippel asked if they would be developing it, too. Mr. Donald Rich stated they may lease some of the property or they may sell it off. Councilmember Sippel stated they are not going to develop it; that is the concern they are drawing up.They could come in with a concept plan, but they are not going to build it. Mr. Donald Rich stated they may not build it; they may sell off the property.They will sell off the hotel and the restaurant.Applebee's is looking at the site already, but they do not build Applebee's.They build their own and that is what they will work for. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Severs commented the road divides the front and back portions.He asked if the proposed restaurant and hotel are something they would own and determine what would go in there and then maybe lease it to Applebee's.He asked if the front section would be theirs or are they possibly going to sell off all of it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 48 OF 66 Mr. Donald Rich stated they may possibly be selling to Applebee's (the rest of the comment from the audience was inaudible). Councilmember Severs commented that they would determine that it would be an Applebee's and they would build there. Mr. Donald Rich spoke from the audience but was inaudible. Councilmember Severs commented that it would be the same with the other hotel. Mr. Donald Rich stated full service hotel (the rest of the comment from the audience was inaudible). Councilmember Severs commented that when it comes to the council he will be able to guarantee what this is going to be. City Clerk Kathleen Connelly stated when someone speaks from the audience the microphones do not pick this up so this will not be on the record. Mayor Coleman commented when he asked if there were any more questions for the applicant that was the time to ask. Vice Mayor Eck commented he goes back to the days when he worked for the water company in the 80's and the Dogpatch area, across the street from this site, was the highest turn off area he had in the entire water system.The area across the street was county and was developed as a Burger King with a septic system.The landowners then agreed to come into the city.He is happy that they are getting the development in the city rather than the county because he thinks under the current county zoning it is GR and it could have been another trailer park.From what they originally brought to us to what we have right now, his biggest concern is the sign.He likes the building, the concept and the security issues with CPTED.He agrees with Mr. Rich that they always REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 49 OF 66 have to have these securities.Comments have been made that this is a bad area of the community already across the street. It is, and it is referred to as Dogpatch.There is a 40 -year- old trailer park to the north.He asked what is wrong with competition.He does not understand that.He questioned what they would get there if they did not get this. Councilmember Insalaco asked and when they would get it. Vice Mayor Eck stated he could not believe the comments they have been getting with what is surrounding this and what they are getting.He questioned what they would ever get if this is turned down. Mayor Coleman commented it appears they are good with a 4 -story building there. Vice Mayor Eck commented it does not sound like it to him.He is not good with it; he would like to have a 2 -story Hilton coming. Mayor Coleman stated the only reason he said that is because everybody is concerned about the sign.They have a 4 -story building going in there, too.Maybe the sign will be dwarfed.It will be 35' compared to the 39' of the building. Vice Mayor Eck commented he has looked for a much nicer project but realistically he does not see how they would get it. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO. 1283 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 50 OF 66 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO. 1283, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE DEVELOPER STILL WORK WITH STAFF TO SEE WHAT THEY CAN DO TO RESOLVE THE SIGN ISSUE. Councilmember Severs SECONDED THE MOTION. Vice Mayor Eck asked if he was continuing the motion. City Attorney Joel Stern asked if Councilmember Severs was withdrawing his second. he was. had anything else to add. he did not. could add something. he could. Councilmember Severs stated Vice Mayor Eck asked if he Councilmember Insalaco stated Vice Mayor Eck asked if he Councilmember Insalaco stated Vice Mayor Eck MOVED TO ADD THAT IT ALSO BE ADOPTED IN THE CPTED PROGRAM TO AGREE WITH THE CRIME FREE HOUSING AND HE DID NOT KNOW IF THAT, HE WAS SAYING ON THE SIGN ISSUE, HE WOULD LIKE TO GET THE SIGN ISSUE RESOLVED. He asked what they are saying they are doing; if they are lowering it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 51 OF 66 City Attorney Joel Stern asked what work staff needs to do. Councilmember Insalaco stated they said they have already dropped it down to 35' and that they would work with staff to figure out what they could do to make it more appeasing to us.In other words, they were going to drop that little section down and hopefully they can get rid of the birdhouse. City Attorney Joel Stern asked about the electronic portion of it and if it is included in the motion. Councilmember Insalaco stated they should let them have the 15 seconds. Councilmember Severs added and possibly turning it off at night if that is an option. City Attorney Joel Stern asked if this is an amendment as he was a little confused. Mayor Coleman commented you do not see hotels turning off their signs at night. Vice Mayor Eck agreed. City Manager George Hoffman asked if it was to be multiple signage underneath like the Signal Butte model. There was general discussion with the council consensus being to reread the motion. City Clerk Kathleen Connelly asked which motion. Councilmember Insalaco stated all the amendments. Vice Mayor Eck commented the difficult part of this motion is all the amendments. asked which motion. all the amendments. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 52 OF 66 Councilmember Sippel stated it is the better part of the motion. Vice Mayor Eck asked Councilmember Insalaco if he would like to reread the motion. Councilmember Insalaco asked Vice Mayor Eck to make a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1283, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE SIGN ISSUE AS COMPLETED.He asked the city attorney how they can do the motion to say they want a majority to say the sign will be dropped below the column post. City Attorney Joel Stern stated he needs to pick a height and that it be reconfigured so that the major portion of the sign is within the sign poles. Vice Mayor Eck CONTINUED WITH WOULD BE RECONFIGURED SO THAT THE SIGN WOULD BE WITHIN THE SIGN POLES AND THAT IT WOULD NOT EXCEED.He asked if they were at the 45' level currently. they are at 35' high. seems to be a problem. OF 30', AND THAT IT BE PART OF THE CRIME FREE asked if he meant they program. part of CPTED. Councilmember Insalaco stated Vice Mayor Eck commented 35' He continued his motion with A MAXIMUM ADOPTED WITH THE CPTED PROGRAM WHICH IS HOUSING PROGRAM. City Attorney Joel Stern be part of the crime free multi -housing Vice Mayor Eck asked if it is City Attorney Joel Stern stated CPTED is a portion of the program. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 53 OF 66 motion with THE CRIME FREE asked if he wanted them to PROGRAM THROUGH THE POLICE correct. Vice Mayor Eck continued his MULTI -HOUSING PROGRAM. City Attorney Joel Stern JOIN THE CRIME FREE MULTI -HOUSING DEPARTMENT. Vice Mayor Eck stated that is City Clerk Kathleen Connelly asked if the animation is to remain. Vice Mayor Eck ADDED THE ANIMATION IS TO REMAIN AT 15 SECOND INTERVALS. Councilmember Severs SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman, Councilmember Sippel and Councilmember Waldron voted in opposition.) Mayor Coleman stated he was struggling over this one.He thought he knew how he was going to vote when he got here tonight.,He is really concerned about the project as some of the points Mr. Sippel brought up are perhaps reasons why we are not going to get a Marriott at this site.He was concerned about the height, although it is along the highway. The motion carried. RESOLUTION NO. 06-54, DECLARING AS A PUBLIC RECORD THE "2007 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION WITH THE EMERGENCY CLAUSE/ORDINANCE NO. 1284, ADOPTING THE 2007 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION BY REFERENCE WITH THE EMERGENCY CLAUSE )City Clerk Kathleen Connelly briefed the council on the items.She stated on REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 54 OF 66 occasion they need to make changes to the city tax code because of changes to state and/or federal law.This one is a result in a change in state law.It makes changes in the area of the hotel industry, clarifying what is and is not taxable and it creates a consistency for the hotel businesses.It preempts a city from charging a tax on rides at the state fair.It prohibits a tax on development fees that are included in construction or development agreements and makes a lengthy list of housekeeping changes. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-54, 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 "THE 2007 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION", AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1284 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 55 OF 66 Councilmember Waldron MOVED THAT ORDINANCE NO. 1284, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS PRESENTATION AND DISCUSSION ON SPEED CAMERAS AND PHOTO RADAR ENFORCEMENT ) )Officer Bill Virtue briefed the council on the item.He stated staff was directed to research photo radar.They looked at available vendors, product types and the projected costs. Due to technical difficulties, the council moved on to the next item while this item was reloaded in the computer. COUNCIL DIRECTION TO STAFF CITY OF APACHE JUNCTION LABOR MARKET ) )Human Resources Director Liz Riley briefed the council on the item.She stated this would be a council decision and staff wanted to present an alternative to them.The city manager mailed a copy of the salary comparisons of about 30 employees to the leadership team, the Apache Junction Police Officers Association, the insurance and benefits team and the advisory team.They only received 2 comments back and they were both positive.They came from the library and the police officers association. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 56 OF 66 City Manager George Hoffman stated he received a request from Councilmember Dietz last night.He is interested in knowing what the comparison is to the existing labor market. Councilmember Dietz commented he would like to see the same 6 that they did with the proposed labor market compared to the current labor market being used. Human Resources Director Liz Riley stated they could do that. City Manager George Hoffman asked if there was any other data they could provide in the meantime. Vice Mayor Eck asked when the city is due to do an actual study. Human Resources Director Liz Riley stated the communication piece adopted by the council in October 2004 states that it would be done every other year.The budget is due in July, it needs to be done prior to the budget so that Mr. Lewis can work any changes into the budget projection and forecast.Typically, that committee has come together in March and they are thinking it should be coming together earlier this year. Vice Mayor Eck commented the key issue to him was staying in that market.The different cities and the comparison to each other is confusing if they are going to say this group this time and another group the next time.He has no problems with doing the proposed, but he is glad that they are doing the study. City Manager George Hoffman stated they will start on the study when they know what the labor market is. Mayor Coleman commented they are looking for direction. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 57 OF 66 City Manager George Hoffman stated perhaps they are not ready.They will get some more initial data.He requested if there is any other data that will assist them in thinking through the issue they should let staff know and they will get it for them. Human Resources Director Liz Riley stated she understands her direction is to go out and take the 6 positions and class them against the current labor market versus the proposed, which is what they have.If there is anything else she requested they let her know. Councilmember Sippel stated he would like to include Gilbert and Chandler in that study with whatever information they are given, with the 10% above and below.They have the old and the proposed.The proposed does not include Chandler and Gilbert.He would like them included in the proposed. Councilmember Dietz commented they can do that when they give them final direction. Councilmember Sippel stated she is going to be looking at a labor market right now that compares the old. City Manager George Hoffman stated this will be a third category of data:the existing, the new and the Sippel new, which is the same as the second one plus Gilbert and Chandler. City Clerk Kathleen Connelly asked when the council would like this to come back to them. There was general discussion as to when it would be brought back, ranging from January to March.City Manager George Hoffman stated they would bring it back to the council at the first available meeting. Mayor Coleman closed the discussion on this item and returned to the previous item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 58 OF 66 NEW BUSINESS (continued) PRESENTATION AND DISCUSSION ON SPEED CAMERAS AND PHOTO RADAR ENFORCEMENT (Continued) )Officer Bill Virtue stated they looked at vendors that are currently serving the valley communities.There are several here, and several more on the internet.They did not talk to those or research those on the internet.All the technology information and pictures presented come from a company called RedFlex.Chief Walp was at the International Association of Police Chiefs convention and ran into their booth and obtained their information.Officer Virtue had talked to American Traffic Systems but not to get any information from them on this. Mayor Coleman commented they will probably be in Reno. Officer Bill Virtue stated he wanted to thank Janine Solley for getting most of the information for him.Bullhead City, Casa Grande and other communities do not use photo radar at this time.Avondale, Chandler and Oro Valley use partial photo equipment.Oro Valley uses digital cameras in their driving under the influence enforcement cars only.There are red light cameras for Avondale and Chandler.Speed radar equipment is being used in Mesa, Paradise Valley and Phoenix.Mesa uses ACS and is changing to ATS for their equipment.Paradise Valley uses RedFlex and Phoenix has their red light cameras out for bid right now. Phoenix is unique in using their two photo radar vans in school zones only.Prescott Valley has two photo vans and uses RedFlex.Scottsdale uses RedFlex.Tempe is out for bid.The majority of the cities use RedFlex and that is why they went there for the information.They looked at different things that could be available and the range is so drastic that it is difficult to give specific information.They came out and gave a demonstration for them on Idaho and Broadway with some older equipment in a van.There is a variety of vehicles the equipment can go into, and it will affect the cost, such as a Tahoe versus a Windstar van.There is an array of mounting options and either the company or the police department can man the vehicle.The latter relates to the cost, how they are paid REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 59 OF 66 and how fines are collected.These units can also measure traffic volume.A study can be done at the same time violations are being recorded.The department can set the trailer point speed such as 34 in a 40 or 38 in a 40 zone.Locations and hours of deployment will be determined by the police department. It is also recorded on their downloaded data as to where it was and for how long.The department can acquire statistics from that.The computers can track the weather, speed limit and vehicle speeds and locations.The data downloads have a court package, which can encompass a scattergram.A scattergram can give them what traffic was doing 5 minutes before and 5 minutes after they were caught.It will show the average speed and takes away the defense in court for those saying they were going with the flow of traffic.It gives photos and certification documentation that is printed and downloaded.It is sent to the motor vehicle department to make sure the driver matches.It creates an expert witness for judicial notice and technology. Redflex or whatever company it is can send people to court to testify as expert witnesses.If one goes with the option of purchasing the equipment and the company is not used for technical stuff, they train police department staff so that they become expert witnesses.The vehicle used for the demonstration was an older Scottsdale van and the police department asked for photos of the actual event while they were here to see the clarity.He has those available if anyone is interested in seeing them.The cost is very hard to be specific with as it depends on what they want.He showed them examples of the inside of the vehicle and the types of photo documentation that is produced.Once the documentation is produced, it has to be sent to the police department to be authenticated by the police department.It is then sent back to the vendor who then prints out and mails the notices that are sent to the defendant.The defendant responds to the court, the court is notified, the citation is paid or the individual requests a trial. Councilmember Waldron asked how long the process takes. Officer Bill Virtue stated he did not know.The information he just gave is what happens in a perfect world.However, if there is no response from the defendant in multiple areas, possibly when the vendor sends it out, they then have to go to process servers, who have to be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 60 OF 66 hired and that also relates to cost.They again do not have specific costs because it depends on how they want the system to work.Other pitfalls are when the picture is taken there is no face, the sun is too bright, there is no license plate, the license plate is covered, and other options that can skew the information.The benefits are it reduces speed -related crashes, fatalities and injuries.It is capable of capturing multiple violations whereas an officer can only catch one.The big benefit to him is officer safety.A drawback is that only 16% percent of the pictures are identifiable; this is in addition to all the pitfalls previously mentioned in identifying the driver. Councilmember Severs stated that goes along with learning where and how to locate the equipment. Officer Bill Virtue stated sometimes that is the case and sometimes it is just a matter of the vehicle; the contour of the glass may not catch them.There could be many reasons why it did not work.All of the cities they contacted stated they are seeking a break even point. There are numerous packaging options.The van equipment can be bought up front.If that is done, the city would be required to carry all the maintenance on the vehicle and all the equipment for information technology plus any updating costs.The camera used in the demonstration was a 4.8 megapixal camera; they are currently using an 11 megapixal camera.The pictures shown to the council were taken with an 8 megapixal camera.The clarity goes up with the higher megapixal.Another option is leasing which would be a flat fee plus a portion of the ticket or they have a third option they are starting to use which is a percentage of the ticket issued.He believes the latter is in direct response to all of the cities stating it is costing them money to run the program.They cannot get actual quotes without going to a request for proposal since they do not know the actual equipment they want.They can do that with further direction to staff.Other communities reported costs included Mesa's vans cost about $26,000 per month per van; the program is currently losing money and they are seeking break even. Phoenix, since inception in 2001, has lost $400,000, not including the cost of full-time employees from the police department or courts.Scottsdale states the van lease cost is $7,000 per month and the revenue is neutral to cover the vendors REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 61 OF 66 cost.They may be breaking even with the cost to the company, but they have employed several people that they have to pay for somehow.Paradise Valley budgets $485,000 annually for the process fee, plus process service fees which do not include the cost of court personnel.They estimated they could eliminate four -fifths of their court staff if they did not have this program.They are also seeking break even.Tempe is currently losing about $350,000 annually and they are out for bid now. Part of how this plays out is how the contract is written between the city and the company.Several of the cities have contracts that they are losing money on; he is assuming they will be rewritten so that they no longer lose money, but he is not aware if that is possible.Other cost considerations are court personnel and process servers for non -responders.RedFlex contracts out the process service costs and the city would not be responsible for them.There will be downtime for the vans and staffing will be needed.Other communities noted that school zones produce on average only 25% of the number of offenses.They had been talking about using this strictly for school zones.They hope part of that is due to the conscientiousness of drivers being in a school zone.He does work the school zones and he can tell them that the city does have a problem with drivers in school zones. Councilmember Sippel thanked them for their research.He commented when he brought this up he had talked to RedFlex and their job is to sell them roses and not tell you about the dirt that is underneath them.They mentioned charging a percentage of the ticket.He had wanted to see what there was; he is aware they are not looking for direction on this tonight.After the research that has been done, it shows that everyone is begging to break even.He was not looking at making money for the city or costing it money. He was looking at this as one more thing they might be able to put in school zones so that officers could be doing other things.He thinks the information shows they should wait and see.The traffic calming devices have not been installed yet; after installation he would like to see a study done to see if there has been any decrease in the speeding.If they do not or if it is not adequate to what they should believe it should be, then they could have an open discussion with the school district to see if they are willing to partner with the city on this option. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 62 OF 66 Councilmember Severs commented when he and Councilmember Sippel talked to these people at the conference, they were told that the city could basically get this system free and clear from the amount of tickets sold with their manning it.They would take the ticket price and it would not cost the cities anything.They now see it is not true. Officer Bill Virtue stated they told him the same thing during the demonstration. Councilmember Severs commented one of the biggest things is that the city will not make any money off of this but how many lives will be saved. That is important.His adopted father is a retired Mesa traffic judge.He handled 1,200 cases per month by himself.They introduced photo red light to Mesa, and they estimated his caseload would go up 300 to 400 cases per day.He then retired. He believes it will be a huge caseload for our judge.He likes the fact that they can do the traffic study.If they had the van back when they did the study, they could have written tickets to those people doing 120 through the school zone.He likes the fact they can do studies and write tickets at the same time.He suggested sharing the equipment with another city that is currently not doing it; each city would get the vehicle a certain amount of days a month. Vice Mayor Eck commented he thought this had all started because of the school zones.He feels they need to wait and see what happens with the devices already approved, in conjunction with the school district, once they have been installed.This is good information to have but they need to table it for future reference if they need to go back to it.He had listened to the guy in Tucson and it is not anywhere near what they were claiming.He likes photo radar when it is effective, but when he drives in Gilbert he sees more officers there and he makes sure he drives the speed limit. Recently he has also noticed more in Apache Junction.He does not know what the officer ratio is per capita, but it seems like it must be more.He likes having the presence of an officer. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 63 OF 66 Mayor Coleman closed the discussion with no further comments and moved on to the next item. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City Clerk Kathleen Connelly stated they need to make a motion for January 2, 2007, and if that meeting is not held, they need to make an additional motion for January 16, 2007. Councilmember Severs asked why they need to make a motion for January 16. City Clerk Kathleen Connelly stated January 16 would be their next meeting date if they do not meet on January 2.If they do not meet January 2, they must meet publicly to make a motion to allow them to go into executive session on January 16.If they make the motion , tonight for January 16, they are covered. There was general discussion on how many council members would be out of town on January 2. There is no work session on January 1 because of the legal holiday.The consensus was to cancel the meeting on January 2 and go to January 16. Councilmember Dietz stated that due to the New Year's Day holiday there will be no work session on Monday, January 1 or a meeting on January 2, 2007. There will not be a work session on Monday, January 15 because it is a legal holiday.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JANUARY 16, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. Councilmember Severs asked if they would have an executive session at 6:00 and a council meeting at 7:00 on Tuesday, January 16, 2007. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 64 OF 66 stated that is correct. VOTE:Unanimous. The motion carried. ADJOURNMENT City Clerk Kathleen Connelly )Mayor Coleman adjourned the meeting at 10:42 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 7, 2006. 3. Consideration and possible approval to purchase a self- propelled bituminous paver in the amount of $255,366.00 from Ingersoll-Rand Equipment & Services. 4. Consideration and possible approval of Intergovernmental Agreement for Provision of Services by the Pinal County Recorder and Elections Department. 5. Consideration and possible approval of Resolution No. 06-56 authorizing application to Greater Arizona Development Authority (GADA) for financial assistance. ACCEPTED THIS 16TH DAY OF JANUARY , 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY , 2007. DOUGLAS COLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 65 OF 66 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of December, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of December, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 5, 2006 PAGE 66 OF 66