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HomeMy WebLinkAbout2005-05-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 17,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 17,2005,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 Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir.Terry McDonald Interim Dev.Svcs.Dir.Dennis Dixon Assistant to the City Manager Amy Malloy Others Present:Grants Specialist Roger Hacker REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 1 OF 25 CDBG Administrative Asst.Melinda Larson Management Assistant Janine Solley Recreation Superintendent Liz Langenbach Associate Planner Steve Abraham ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT THE AWARD OF BID FOR PROJECT NUMBER PR -05-02,FITNESS EQUIPMENT FOR THE MULTI -GENERATIONAL CENTER, BE AWARDED TO ADVANTAGE FITNESS EQUIPMENT IN THE AMOUNT OF $130,116.01. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Ramona Scheffler,944 N.Goldfield,Apache Junction.addressed the council.She stated they own a business called Got Ice Cream and they want to sell ice cream to children in the neighborhood.They purchased an ice cream truck and got all of the required licenses.They went to the parks on Saturday and Sunday to sell ice cream:they were unaware they could not sell ice cream there.They were told they would have to get a permit.She requested a permit and it was denied.The code states she must have prior authorization from the director to do business in the park.She requested that she be given that authorization for a permit.She gave them a list of all the items they have on their ice cream truck.She stated there are illegal immigrants who sell ice cream in the parks;she is a licensed citizen. Mr.John Scheffler,944 N.Goldfield,Apache Junction,addressed the council. He stated they want to give back to the community.He wants to start a business to interact with children,and he would like to parlay the business into having a softball team and other things.I t is difficult when he finds out,after getting all the permits and licenses,that they cannot sell in a REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 2 OF 25 public park.He has been given several different reasons.He has been told it has never been encountered before,and that the city does not own the land and he might offend someone by selling ice cream to the children.Permits are given for people to drink alcohol in the parks.All they want to do is sell ice cream in the park.There are 5 or 6 other ice cream vendors who come into this town,although they might not go into the park,that are not cited and yet are not licensed or have a commercial insurance license.They will not be carrying the things that these vendors carry,such as stink bombs,children's cigarettes,bag bombs,or lucas.They are trying to be good citizens of the community and give back to the community. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the Reading Pen I I provided by the library to accommodate James Martinez'dyslexia disability;the city addressing the dyslexia issue with the federal and state government;and his perception of a city hall budget overage. Mr.Steven White,105 N.Delaware,Apache Junction,addressed the council.He thanked the community for nominating him for the 24th Annual Governor's Award on the Arts.He went to the gala last month and put together a packet of information for them regarding the problems with artistic expression in Arizona.He spoke to the governor about the problems.He received a call from Regulatory Affairs Advisor Lynette Evans and he gave her the short version.He received a great response.He has been working with Assemblyman Henry Mortensen in Nevada;they have unanimously passed a bill in the state assembly that encourages artistic expression in all the public parks in the state.He has written a version of the bill for Apache Junction and he would like to see it adopted as a resolution.He would like to see the promotion of the arts at city hall taken a step further and have artwork all over the community.He suggested having art shows in the city hall parking lot on weekends.He would also like the city to work with the Community Development Corporation and the Chamber of Commerce to promote the business community to be involved in encouraging local artists to set up on their private property. He believes the arts can solve many problems.He enjoyed telling the governor how proud he is of Apache Junction and that i t is at the forefront of this in Arizona. Mr.Dan Wald,560 N.Rennick.Apache Junction,addressed the council.He encouraged the council to approve the request regarding the incorporation of the Northeast Pinal County Economic Development Task Force.Apache Junction REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 3 OF 25 is on the cusp of growth and economic development needs to address the needs of the future.He added his brother,General Chuck Wald,the Deputy Commander of European Forces,wanted him to thank Mayor Coleman,Vice Mayor Eck,and Councilmember Waldron for their support of the troops in the Mid -East.His brother's commander,General Jones,the new Chief of Staff,also passed on his thanks.Mr.Wald also thanked George Hoffman,Kathleen Connelly, Councilmembers Waldron,Dietz and Insalaco,Vice Mayor Eck and Mayor Coleman. Mr.Willard Bourquein,1492 S.Ocotillo,Apache Junction,addressed the council regarding the ongoing barking dog problem.The city prosecutor sent him a letter;the first page describes exactly what is happening at his location,the second page comments that there were 7 written statements turned in to her office.Six of the statements he turned in to the investigating officer or Sergeant Elkins;they talk about the problems they have been having for the past 2 years.The other statement is from the neighbor next door to the man who has the dogs and he is trying to be friends with his neighbor. The dogs do not bark according to Officer Marcellino.He shows up in the middle of the day when the dogs are inside.However,the first time he showed up the dogs were outside and barking.He stated he would report it that way. but he did not.Mr.Bourquein commented i t is not the first time they have caught the officer lying.The prosecutor states she cannot do anything.He wants to know what happened to the 40 plus calls that had been made and why they were not logged in to the problem.The police have been there several times and documented the fact the dog was barking when they arrived.He commented Officer Marcellino either forgot or is too lazy to do his job;they are not happy with his handling of the case.He does not know how he can get videos taken.He suggested the mayor call emergency services and have 2 or 3 paramedics go to Mrs.Covey's house with a gurney and some big straps to help her get out of bed,strap her in and take her to her backyard so that she can take a video.He then suggested Vice Mayor Eck call for some other paramedics to go to Mrs.Blaaten's house,strap her into a hard stretcher because she has broken vertebrae,and carry her out into the street.Something is wrong i f they cannot get something done about these people being harassed by a barking dog.He then suggested other councilmembers come over to assist his neighbor cross the street as he cannot walk without a cane in order for him to get a video of the dogs.I t appears the city does not have an ordinance to cover the problem.He was assured it did.The prosecutor suggested they go hire an attorney that deals in civil law.Something is drastically wrong if they have to do this to get a dog to stop barking.This problem needs to be addressed immediately.He would welcome any suggestion to get rid of this barking dog REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 4 OF 25 other than to poison or shoot i t as that appears to be the only solution they are left with. Mr.Jeff Laing,6359 E.Mining Camp Street,Apache Junction,addressed the council.He is a sculptor and business owner in the city.He offered his assistance and enthusiastic support for local art being showcased at city hall. Ms.Helen Schlie,9474 E.Flint Drive.Gold Canyon,addressed the council. She represented the Apache Junction Art League and they wanted to commend the council for their support of the arts.They had a meeting at her art gallery which was very well received by the community.She thanked the other gentlemen for their comments.They appreciate the new facility and they would like to have local artists be able to hang their art in this facility.They will have a council so that they will present good art and make it a pleasant thing for the city and the surrounding areas.The Apache Junction Society for the Arts is offering their skills and talents to beautify the entire city. Mr.Mike MacDonald addressed the council to apologize for missing the work session last night.He is formerly of 1177 W.Diamond;he no longer lives in the city.He would like to continue to serve on the Construction Code Board of Appeals. Councilmember Sippel commented the letter regarding the barking dog does not state that the city will not do anything.I t states some specific things the city needs in order to proceed with prosecution.It does state a video tape, but it also states an audio recording can be used.If a dog is barking and one can hear it within their house,they can turn on a tape recorder and put it by a window to address that need.The letter also states a separate bark log from 3 people over a week's time.This could be handled inside the house by a window.They can turn a tape on and log the time when i t starts and stops for seven consecutive days.They then would turn that in and the letter states the prosecutor will re-evaluate whether criminal prosecution should be initiated.The letter also talks about the new community mediation program that the city has started,which the assistant to the city manager is working on.At the last meeting the mayor asked if Mr.Bourquein had attempted to contact the dog owner directly about the situation.He suggested Mr. Bourquein contact the assistant to the city manager and have her work with him on this.The council has directed staff many times to help;he believes this REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 5 OF 25 is a great solution so that they can move forward.He does not recommend poisoning or anything of that nature to the dog. Mr.Willard Bourquein stated Officer Marcellino told Mrs.Axt it would be a waste of time to record the dog barking. Mayor Coleman requested Mr.Bourquein to sit down.He commented the city prosecutor had advised him what they need to do.That is the evidence she needs in order to pursue a criminal prosecution punishable by up to six months in jail and with a maximum potential fine of $2,500.She needs more than just the neighbor's dog is barking.She needs a seven day period where they log the times they have problems with the dog.While Mr.Bourquein was very dramatic about having someone have to use a gurney to video the problem,i t does say video or audio equipment.If it is disturbing in the house,just turn the equipment on.He commented they may have recorders that can be checked out of the library. Mr.Willard Bourquein commented from the audience that the officer had told him that recording it would be a waste of time. Mayor Coleman stated this is what the city prosecutor is telling Mr.Bourquein now.I t is frustrating for the council,but if it has been a problem for 2 years,he is hoping that the seven day period is not too much to ask. Vice Mayor Eck commented he believes the current ordinance does not allow a dog to bark overwhelming,especially in the off hours of seven to seven.He believes the officer must come and the dog must be unprovoked.The officer has to hear the dog at that time in order to pursue that route.He will check into it,and he has seen i t happen in other cases where people were cited because their dog was barking.He asked the Schefflers to leave a phone number so that he could give them a phone call and speak with them. Councilmember Milkey directed staff to could look into drafting a resolution as suggested by Mr.White and draft a proclamation to be signed by the mayor dedicating a week to the arts. City Manager George Hoffman asked if that was to be brought back for a work session. Councilmember Milkey stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 6 OF 25 CITY MANAGER'S REPORT None. PUBLIC HEARINGS RESOLUTION NO.05-17,SUBDIVISION CASE SD -4-01,A FINAL SUBDIVISION PLAT REQUEST BY JOHN AND CAROL BELLEROSE )Associate Planner Steve Abraham briefed the council on the item.He stated they have finalized the location of the open space trail and he gave the council a handout on the location. The subject site is located on Broadway just east of Phelps.He described the surrounding zoning.There is a major wash running through the property that will be relocated and realigned along the northern and western boundaries of the site.The water will be carried south and out through the other side of the subdivision.The improvement plans show the open space trail running along the eastern edge of the wash feature.Staff later looked at this and determined this would be a great opportunity to stub this trail out of the subdivision in an attempt to link it to larger trail amenities running throughout the city.The trail element will come in off of Phelps,continue through the site,where it will hopefully hook up with the trail amenity on San Marcos.There are missing pieces of the trail in certain areas.The trail from San Marcos will hook up with a larger element running through Arroyo Verde to Delaware and Renaissance Point.In the subject site it will be a 5'non -vehicular easement running through the site.They will be taking advantage of the 12'sewer easement on the southern side of that which runs through the southern portion of the Aurora House parcel and the undeveloped parcel along San Marcos and Broadway.The location of the open space trail will allow it to connect along Phelps Drive and run through the pre -approved location of the open space trail.The applicants shall install all the conditions in the pre -plat and Ordinance No.1152.Elevations and floor plans are in the packet and coincide with the pre -plat resolution.It will be a mix of southwestern style homes.Each floor plan has 3 elevations.Staff recommends approval;the improvement plans have been approved and Arizona Department of Environmental Quality has signed off on water and sewer facilities. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 7 OF 25 Vice Mayor Eck asked if this is one of the subdivisions where they have the concerns on the possible traffic situations on San Marcos. this is that other one. directly coming across Phelps. stated that is correct. Phelps will become a four-way. a four-way stop sign. Councilmember Insalaco commented Vice Mayor Eck commented this one is Associate Planner Steve Abraham Councilmember Sippel commented Vice Mayor Eck asked if it would be Associate Planner Steve Abraham stated it would not.There will be north and south turning from both east and westbound directions on that one. Vice Mayor Eck commented he was concerned about safety in trying to cross the 5 lanes.He was not sure i f that was an issue. Councilmember Insalaco asked if that would be a direct turn opposite Phelps Drive. Associate Planner Steve Abraham stated that is correct. Councilmember Insalaco asked where i t lines up with Del Rio. Associate Planner Steve Abraham stated Del Rio offsets just a little bit but both center lines do a line on Phelps Drive. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 8 OF 25 Councilmember Sippel commented these homes are getting up to being a nice size.The biggest one is almost 2,700 sq.ft.:i t is a nice large home that is far away from a freeway entrance. name for the equestrian trail. stated they do not. contest to name the trail. Vice Mayor Eck asked if they have a Associate Planner Steve Abraham Vice Mayor Eck suggested doing a Associate Planner Steve Abraham stated staff had been talking about it.Formal recognition may be in line. Councilmember Dietz commented he thought it was fantastic that this would connect all the way through. Vice Mayor Eck commented i t is becoming big enough for it to be named. Councilmember Milkey asked if the yellow dots on the map were the sewer easement. Associate Planner Steve Abraham stated that is correct. Councilmember Milkey commented there would be no issue there with connectivity. Associate Planner Steve Abraham stated they are taking advantage of the sewer easement.Nothing can be built upon it and it cannot be encroached upon.Staff is theorizing that when another parcel in the area is redeveloped,it could be accommodated,plus working with the Aurora House people.The one constraint is the wash that comes through and travels around:it can flow pretty good.There will be one wash crossing.They will either have to address it with the Aurora House property or with this site.It would probably be easier to do it with this site. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 9 OF 25 Councilmember Insalaco commented they will be evening out a lot of hills,valleys and washes.I t is a lot of dirt being moved. Associate Planner Steve Abraham stated there have been discussions regarding the dirt from this project and The Haystacks.The dirt was going to moved to fill in another area.The wash area going through Tract A is approximately 46'wide at a 4 to 1 slope.I t is the size of this room. Vice Mayor Eck asked if they knew the price range of the homes. Associate Planner Steve Abraham stated Warren from VIP homes is here to answer any questions. Mayor Coleman requested the applicant address the council. Mr.Warren Peterson,vice president of sales for VIP Homes,addressed the council.He commented regarding the import question on the dirt,i t is not unusual for them to do an import or export on any of their projects.They will test the soils and import similar soil types if needed.If there is an export situation,it would have to be excavated and exported from the site. Mayor Coleman asked if he knew what the price range would be for these homes. Mr.Warren Peterson stated they will probably be in the high $200.000 approximately.That corresponds with the last demonstration that they ran.They are also looking at basement options for the single stories,so they could exceed the 2,600 sq.ft.size. Councilmember Sippel commented i t is a great project. Vice Mayor Eck stated i t is a very nice development. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 10 OF 25 Councilmember Sippel asked if they were interested in other developments in the area. Mr.Warren Peterson stated this is their test market.They will be looking at that. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion.Someone spoke from the audience requesting to be heard:Mayor Coleman reopened the public hearing. Mr.James Martinez,1222 N.Warner Drive,Apache Junction,addressed the council.He commented he has dyslexia and inquired if they have the Reader I I Pen that he could use right now to assist him in reading the papers provided. Mayor Coleman stated he did not. Mr.James Martinez asked Mr.Stern if the city would be shuffling the pen around once the library receives i t so that he can use i t in different offices until a pen is available in every office. City Attorney Joel Stern stated this is off the agenda.He added if Mr.Martinez has some issues,he can file something with his office in writing. Mayor Coleman commented he must make at least a 24 hour notice for special needs. Mr.James Martinez commented he is just suggesting what they should do once they get the pen. Mayor Coleman commented that he needs special accommodations and he needs to give them 24 hour notice. Mr.James Martinez stated they can just shuffle that one around until they get another one. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 11 OF 25 Mayor Coleman commented i t is the same thing with a translator or anything else. Mr.James Martinez stated i t is just to help him because right now he cannot communicate with them. Mayor Coleman suggested he have Elliott Fisher read it to him. Mr.James Martinez stated Mr.Fisher is not here to do that for him.He is there on his own business.He will ask for the pen ahead of time once it comes,so that he can be provided with i t and communicate with the offices better.He thinks that has been the problem for years. Mayor Coleman asked if he had anything. on this item. Mr.James Martinez stated he did not. Mayor Coleman read from the agenda the special accommodations information stating whom to notify and by when.He then called for a motion. Councilmember Insalaco MOVED THAT RESOLUTION NO.05-17,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT,CASE NO. SD -04-01,SONORAN WELLS,A REQUEST BY JOHN AND CAROL BELLEROSE,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-15,REPLACEMENT OF RESOLUTION NO.05-12,WHICH AUTHORIZED THE SUBMISSION OF FISCAL YEAR 2005 REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 12 OF 25 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECT APPLICATIONS TO THE ARIZONA DEPARTMENT OF HOUSING )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated the resolution authorizes the submission of the city's Fiscal Year 2005 Community Development Block Grant Regional Account application for the acquisition of 800 MegaHertz portable and mobile radio equipment for the police department.The resolution is a required part of the city's application. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E,Quail, Apache Junction,addressed the council.He commented the city has been involved in more and more of these Community Development Block Grants.Nine vehicles had been purchased under this program,and now they are talking about potentially $1.1 million for a communication radio system for the police.He feels the communication problem within the police department cannot be fixed with radios.I t seems like a shakedown when Mesa cannot give the city the proper numbers of what the lease will cost to get on the system.He thinks they should pass on this if there is a time deadline for the grant application.This could blow up in their faces.He commented he assumes these grants get part of their funding from the federal government,which would mean that the American Disabilities Act also applies to these grants. Mr.Dan Wald,560 N.Rennick Drive, Apache Junction,addressed the council.He commented rather than investing all these dollars in high tech communication equipment,perhaps they should invest in tin cans and a lot of wire,especially if they had enough wire to drag around town behind themselves to listen to each other.He encouraged the council to spend the money as needed.He does not believe the police should be hampered with tin cans and wire,or worry about American disabilities.He believes they should worry about public safety. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 13 OF 25 Vice Mayor Eck commented i t is a time issue.I t is due by June 1,2005,and they are doing i t in phases. Melinda Larson stated that is correct. is the numbers they are looking at. Melinda Larson stated that is correct. CDBG Administrative Assistant Mayor Coleman asked if Attachment 3 CDBG Administrative Assistant Mayor Coleman commented this will tie us in with the City of Mesa,the fire district,and all of the other entities. CDBG Administrative Assistant Melinda Larson stated that is correct. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT RESOLUTION NO.05-15,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 2005 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT (CDBG RA) FUNDS AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE COMMUNITY'S IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS:AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-16,COMMITMENT OF LOCAL FUNDS FOR IMPLEMENTATION OF FY 2005 CDBG REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 14 OF 25 REGIONAL ACCOUNT APPLICATION )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated the resolution states the city's commitment of funds and or resources to the implementation of the 800 MegaHertz communication system for the police department.The resolution is a mandated component of the application and meets the requirements of the Department of Housing. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He stated the gentlemen's comments about public safety are all well and good,but the city's budget is not a bottomless pit.He asked if the previous communication system put in with the new building was inadequate,making the city unsafe.He commented he had not seen anything stating that was the case and the need for these radios is a big surprise.He does not know what these applications require in regards to time,but he will look into that.This appears to be a rush for something that came up all of a sudden. Vice Mayor Eck commented they had been talking about this for months. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Dietz commented we have been discussing this for months and months. Mayor Coleman and Councilmember Sippel agreed. Vice Mayor Eck commented i t is a biannual thing. Mayor Coleman commented they are not on the 800 MegaHertz system now,and the new police building is 10 years old. Technology changes,and most agencies have gone to this system,including our REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 15 OF 25 fire district.This will allow them to communicate with each other better. Right now they have to go through 2 different dispatchers.It will provide a better amount of safety to the community. Councilmember Sippel commented i t is grant funded. Vice Mayor Eck added that i t is also not $1.2 million originally.They are going in phases. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO.05-16,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENTS/REAPPOINTMENTS TO BOARD OF ADJUSTMENT,CONSTRUCTION CODE BOARD OF APPEALS,HEALTH AND HUMAN SERVICES COMMISSION,INDSTRIAL DEVELOPMENT AUTHORITY,MUNICIPAL PROPERTY CORPORATION, AND PUBLIC SAFETY PERSONNEL RETIREMENT BOARD REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 16 OF 25 )Councilmember Waldron MOVED THAT JANE JONES BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2007. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT DALLAS DEWEY AND MICHEL MACDONALD BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS FOR A TERM TO EXPIRE ON JUNE 30,2008. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JOYCE PAYNE BE REAPPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION WITH A TERM TO EXPIRE ON JUNE 30.2008;AND THAT RUTHIE CATHERINE WEST BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2008. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT GEORGE B.STEVENS AND BECKY MCCUTCHEN BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR TERMS TO EXPIRE ON MARCH 18,2007. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 17 OF 25 The motion carried. Councilmember Waldron MOVED THAT DAN WALD AND MICHAEL WELLER BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR TERMS EXPIRING ON JUNE 30,2008. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Milkey asked if the Public Safety Personnel Retirement Board was two positions:one citizen and one officer. City Clerk Kathleen Connelly stated they are only entitled to appoint the citizen position;the officer is selected by vote from the system members.The police department has made their choice Sergeant Mullender. Councilmember Dietz commented so there is only one position to be filled,even though there is two on our nomination sheet. Councilmember Waldron stated there is one for each. There was general discussion on the positions. Councilmember Milkey MOVED THAT TOM JAMES BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD WITH A TERM EXPIRING AUGUST 6,2008;AND I MOVE THAT TROY MULLENDER BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD AS A POLICE DEPARTMENT REPRESENTATIVE WITH A TERM TO EXPIRE AUGUST 6,2008. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 18 OF 25 VOTE:Unanimous. The motion carried. NORTHEAST PINAL COUNTY ECONOMIC DEVELOPMENT TASK FORCE INCORPORATION )City Manager George Hoffman advised Mr.Ken Simpkins was unable to attend due to health reasons tonight. He had requested Mr.Jim Nelson to brief the council. Mr.Jim Nelson,representing the Northeastern Pinal County Economic Development Partnership,addressed the council.He works for Salt River Project;he has been working with this group for the past year or so,which includes Apache Junction,Florence,Superior, Queen Creek and Pinal County.They are forming an economic vision for the region and looking at economic issues associated with the rapid population growth,the existing communities,methods and techniques to help preserve the vitality of the existing development as well as gain some economic benefit from the growth that is occurring in the region.The group has reached a point where incorporation appears to be the next step.They have identified regional issues and community -specific issues to work on and develop a scope of work on.They are having an economic visioning session on June 30 that Central Arizona Association of Governments had assisted with arranging..They will attempt to formalize economic vision for the region and some action plans to move the area forward.He requested they authorize the city manager to sign the incorporation papers.Rayna Palmer of the Chamber of Commerce has also been assisting in gathering the support for the incorporation. City Manager George Hoffman asked i f he would give the council an estimate on cost implications for this. Mr.Jim Nelson stated they do not have a budget at this time and they are not seeking funds.They are in the process in developing the program collectively with the communities and the county.I t is currently viewed as being able to provide support to the communities within the region.As they identify projects and needs collaboratively with the communities,they will develop financial requirements associated with them.There are currently no outlying expenditures as there is no staff or work program.The various participants will be at the table to define what that would be on a going forward basis. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 19 OF 25 Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN INCORPORATION PAPERS TO ESTABLISH A REGIONAL DEVELOPMENt ORGANIZATION SERVING THE AREA OF PINAL COUNTY FROM FLORENCE NORTH PENDING FINAL APPROVAL BY THE CITY ATTORNEY AS TO FORM. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS CITY OF APACHE JUNCTION EXCLUDING ITSELF FROM JOINING WITH PINAL COUNTY ON BECOMING ENTITLEMENT COUNTY )Assistant City Manager Bryant Powell briefed the council on the item.Staff and council have had several discussions on this over the past several months.Staff concludes that they have not been provided accurate and complete information regarding the financial implications of the plan from Pinal County.The administration of the Community Development Block Grant Regional Account and State Special Projects for the city would also be affected.Staff does not feel that the city is ready or willing to lose the ability to pursue that additional funding under the competitive grant program.If the city enjoins with the county for entitlement,the city would lose the opportunity for the State Special Projects grants.Staff would like to see what Pinal County does this next year with this.Staff's recommendation is to direct staff to draft a letter that would go to the Pinal County Board of Supervisors to be excluded from the entitlement,and to also direct staff to draft a letter to the Central Arizona Association of Governments to implement a method of distribution that is based on population. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 20 OF 25 Mayor Coleman asked if they could join with Pinal County next year if they so desire. Assistant City Manager Bryant Powell stated that is correct. Councilmember Sippel stated i t is once you are in,you cannot get out for three years. Assistant City Manager Bryant Powell stated they need to state in the motion to draft the letter on the method of distribution. Vice Mayor Eck commented he thinks i t is a good idea to wait now,but they need to watch it as it may benefit us somewhere down the road to go to population.But not at this time as there are too many uncertainties.When and if they find out from experience that they might benefit,then they might reconsider. There was general discussion on the city being possibly in line for entitlement itself within the next year or two. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY OF APACHE JUNCTION EXCLUDING ITSELF FROM JOINING PINAL COUNTY AS AN ENTITLEMENT COUNTY:THAT WE DO EXCLUDE OURSELVES,THAT THE LETTER THAT ASSISTANT CITY MANAGER BRYANT POWELL SUGGESTED WRITING CAAG,TO ENCOURAGE THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS TO AMEND ITS METHOD OF DISTRIBUTION TO BE BASED EXCLUSIVELY ON POPULATION;AND AT THE CURRENT TIME WE DO NOT SUPPORT PINAL COUNTY IN ITS EFFORTS TO OBTAIN ENTITLEMENT STATUS. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 21 OF 25 The motion carried. USING NEW CITY HALL TO SHOWCASE LOCAL ART WORK )Assistant to the City Manager Amy Malloy briefed the council on the item.She stated this proposal is supported by the Apache Junction Society for the Arts and other artists.Staff would like to basically go forward and explore the opportunity to use our lobbies in the new city hall as an exhibit program for artists.There would be a lease of artwork established.They would work out the particulars of the program with the city attorney to make sure the city is covered on any liability issues. Vice Mayor Eck commented i t is a great idea. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Insalaco MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING USING THE NEW CITY HALL TO SHOWCASE LOCAL ART WORK:TO WORK OUT THE DETAILS AND GIVE IT TO MR.STERN TO CHECK OUT FOR LIABILITY. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. STRATEGIC ORGANIZATIONAL REALIGNMENT )Councilmember Milkey commented he brought this up two weeks ago.He provided a document at that time outlining some strategies that might make sense to council and staff to further explore. He asked if the council had any suggestions or if there was anything there that peaked their interest. Councilmember Sippel commented he thought it would be a good thing for them to talk about at the retreat. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 22 OF 25 Mayor Coleman commented he would like to get staff's input on why we do things the way we do and what might make sense as far as reorganization goes. City Manager George Hoffman asked i f they wanted to discuss this at the retreat as a category,something they really want to research further,or to have the actual discussion itself at the retreat. Councilmember Sippel stated he would like to put i t up there to give i t some exposure and then they could work on it over the next year. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING STRATEGIC ORGANIZATIONAL REALIGNMENT:THAT STAFF BE AWARE OF OPTIMUM OPPORTUNITIES FOR EFFICIENCY AND THAT WE DISCUSS THIS TOPIC PERIODICALLY OVER THE NEXT YEAR,AND THAT STAFF BE PREPARED TO PRESENT TO MAYOR AND COUNCIL IDEAS BEHIND METHODOLOGY AND ORGANIZATIONAL ALIGNMENT AS IT NOW STANDS:AND THAT MAYOR AND COUNCIL BE COGNIZANT OF NEW WAYS OF DOING BUSINESS AND BEING OPEN TO CHANGE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 6,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JUNE 7,2005,IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 23 OF 25 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Dietz commented they were filming a movie out by his house all day the other day. Councilmember Milkey thanked Mr.Nelson and Salt River Project for arranging the helicopter tour that most of them were able to participate in that overlooked the Superstition Vistas Area of Study. ADJOURNMENT )Mayor Coleman ad,: meeting at 8:25 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 19,2005. 3.Acceptance of Minutes of Regular Meeting of May 3,2005. )Mayor Coleman adjourned the 4.Approval of Award of Bid for Project No.PR -05-02,Fitness Equipment for Multi -generational Center to Advantage Fitness Equipment in the amount of $130.116.01. ACCEPTED THIS 7TH DAY OF JUNE .2005.BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JUNE ,2005. DOUGLAS COtEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 24 OF 25 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 17th day of May,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of May,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 17,2005 PAGE 25 OF 25