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HomeMy WebLinkAbout2005-09-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 6,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona.was held on September 6,2005,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 Insalaco 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 Severs Councilmember Waldron Staff Present: (Councilmember Sippel was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Public Works Director Doug Dobson Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 1 OF 17 Others Present:Associate Planner Charles Beck Grants Specialist Roger Hacker Management Assistant Janine Hanna-Solley • Human Resources Director Liz Riley Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT THE PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR FY 2005-06 IN THE AMOUNT OF $40,000 BE APPROVED:AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MESA SENIOR SERVICES,INC.FOR THE RIDE CHOICE PROGRAM FOR FY 2005-06 IN THE AMOUNT OF $30,000 BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating September 14,2005 as National Anthem Project Day. City Engineer Ron Grittman gave an update on the Arizona Department of Transportation and Pinal County Corridors Definition Study.He summarized the June 21 TAC meeting presentation given by Arizona Department of Transportation personnel.They looked at 4 corridor studies:the Apache Junction to Coolidge freeway:the Gold Canyon extension;the Williams Gateway extension; and the east -west highway corridor.Potential freeway corridors are driven by the needs for the future system.He showed the various population projections that have been done.New transportations systems will be looked at based on these projections.The standards need to be set to accommodate both the need for a freeway or a 6 -lane arteriole or super arteriole.The 4 -lane system of US 60 and the 2 -lane system of SR 79,SR 287 and SR 87 were studied and it was REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 2 OF 17 found the current system would not work even without freeways.The system is being taxed.They are recommending a primary 6 -lane arterial system along the surface streets of Pinal County,from Apache Junction to Superstition Vistas. Pinal County is doing a study to determine how they can connect the surface streets to line up with Apache Junction,Queen Creek,Florence and others. There is a need today for a freeway coming off of Williams Gateway and going to Florence.He commented the Apache Junction freeway would only be 2 miles away from the Williams Gateway extension;this is counterproductive for a residential area.Freeways have very limited access making for limited opportunities for commercial centers along the corridors.This shows that there is a need there for a super -arterial instead of a freeway.The right- of-way requirements will accommodate a freeway should the need arise.The corridors need to be preserved for future uses.The surface streets must be efficiently constructed,and an access plan for US 60 needs to be developed by the Arizona Department of Transportation;they will be doing a statewide plan. The 2 -lane highways need to be widened to 4 -lanes.The lack of a local arterial system within Gold Canyon has stressed US 60 and i t shows the need for a freeway bypass.There is no need for the east -west freeway if Queen Creek builds an arterial system.They are looking at the possibility of a toll facility as a funding source.They will be doing a feasibility study to come up with options for funding the freeways.Arizona Department of Transportation wanted all of the local jurisdictions to come away with the fact that the new freeway corridors cannot function without the arterial system. Vice Mayor Eck asked where the recommended plan goes. City Engineer Ron Grittman stated it goes to the state transportation board at the November meeting. Vice Mayor Eck asked if they would be holding on to i t after that time or will there be a decision -making process to try to adopt it. City Engineer Ron Grittman stated they are hoping it will be a decision -making process to adopt i t so it will move the project forward.A freeway takes ten years at the absolute earliest.The Williams Gateway freeway is already funded through a half -cent sales tax but it will not be started until 2015. Vice Mayor Eck commented he totally agrees with the need.When they had been talking about the bypass,he was thinking it might be started next year. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 3 OF 17 City Engineer Ron Grittman stated anytime a freeway corridor is started,the next step is the environmental and the alignment study,which looks at archeological problems and any known,contaminated hazardous waste areas. They will be asking the board to fund the next project,which is another engineering study that will be much more definitive.It will nail down the centerline on this.They can then begin the preservation of right-of-way and start on the environmental work. Vice Mayor Eck commented he was concerned that it might be under planned.He still thinks they need an exit from the Valley of the Sun to get to Florence Junction.The freeway ends there and you go to surface streets.He feels i t needs to go beyond that.He is concerned about the area east of Gold Canyon. There is another subdivision going in there.The bypa.ss is a great idea,but will there be something created beyond the bypass that will be similar. City Engineer Ron Grittman asked if he meant the Gold Canyon extension. Vice Mayor Eck stated that is correct.There is another subdivision going in out there further east within a couple of miles of Florence Junction. City Engineer Ron Grittman stated he spoke with Andy Smith,the project manager,about that subdivision.He was told that the roadway coming out of that subdivision will actually intersect where an arteriole street will be coming through in the area.If US 60 goes as a full-blown freeway,they will need to leave the east -west streets as surface streets and raise the freeway. Vice Mayor Eck commented he is concerned about how people will get out of the valley going east. City Engineer Ron Grittman stated they all share that concern.They have proposed a system they can build on that can be changed to something as large as a freeway if needed in the future.They will do it on selected roads as the area develop . Vice Mayor Eck commented that is a good idea.He was disappointed at the Arizona Department of Transportation meeting as they only took 6 or 7 questions and shut it down.He felt they rushed it and did not get a lot of feedback with the audience.They did not seem to want feedback.There were state legislators,dignitaries and a lot of concerned citizens there.He felt like they were telling them what there was and that is it.A former city REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6.2005 PAGE 4 OF 17 manager of the second largest city in Pinal County told him they would not want to do that in our area,but he is not sure how it would hurt to have people commuting through our area.He can only guess that perhaps his thought was to put a traffic signal and commercial business on every corner so that they have to stop. City Engineer Ron Grittman stated he would not comment on how the Arizona Department of Transportation ran their meeting.There are 2 proposed corridors for the east -west plan that need to be preserved as they start moving through the Superstition Vistas project and the Lost Dutchman Heights project.They currently lie within Pinal County and will be incorporated into the Small Area Transportation Plan that Pinal County is moving forward on now. Councilmember Dietz commented he is concerned about Williams Gateway coming across into US 60.They appear to be coming into this section and going nowhere.It appears they do not feel a freeway corridor is needed in that area. City Engineer Ron Grittman stated this particular portion is not needed based on the population figures that they have now. Councilmember Dietz asked where they got the population figures for the model and what those figures are. City Engineer Ron Grittman stated the figure is 1.1 million and the figure came out of the bond feasibility study which was the best study that they had at the time.Everybody feels pretty comfortable with it.They are not saying in the year 2005 looking to the year 2030 that it does not appear to be needed.However,they are preserving the corridors because it could be needed in the future. Councilmember Dietz commented he sees the need to preserve the corridors as the Arizona Department of Transportation ran into that problem in the first round. City Engineer Ron Grittman commented that is what they are looking at. Councilmember Dietz commented a big chunk of the money from the half -cent sales tax went to purchase property.They then ran out of funds to build the freeway. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 5 OF 17 City Engineer Ron Grittman stated they are looking at preserving the corridors for the freeways,and there are 2 of them in our area. Councilmember Dietz commented he believes the north -south SR 88 should be all the way down. City Engineer Ron Grittman agreed that it should come down and tie into the freeway.One of the things he has proposed to the Arizona Department of Transportation is free flow ramps coming off the north -south corridor of Williams Gateway into our north -south parkway.These are long,sweeping ramps that go down onto the 6 to 8 lane surface streets.They move a tremendous volume of traffic. Councilmember Dietz commented he was concerned that they be able to plan those corridors as the city develops.He does not want to build into those areas where they will need to be bought out in 35 years in order to complete the projects at tremendous cost. Vice Mayor Eck commented they should not underestimate the size. City Engineer Ron Grittman stated the population numbers are obtainable but they may be a bit low.The issue may be revisited in 5 years. Mayor Coleman stated item number 7,the update and demonstration of the city's GIS system will be rescheduled due to the staff member making the presentation being unable to attend. CALL TO THE PUBLIC Mr.Louis Babin,2191 S.Belair,Apache Junction,addressed the council to suggest the city council pass an ordinance that requires apseudophedrine, ephedrine and these types of medications be kept behind the counter,and that a customer can only buy one package of the medication per day per drug store. It would slow down the people going in and purchasing 10 to 15 packages a day. I t involves children and families in a negative way.This would control the sale of those medications for public safety. Vice Mayor Eck commented the stores he goes into have them all locked up.He does not know of any stores that do not in the community.The clerk has to REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 6 OF 17 unlock the cabinet to purchase them.He was told by the retailer that there was too much theft and they had to start locking them up. City Attorney Joel Stern stated they could have this as a discussion item as this is off the agenda. Vice Mayor Eck commented he was just making a response. City Attorney Joel Stern stated a response is fine,but in order to have any discussion on it there must be an agenda item. Vice Mayor Eck commented they did not need to have an agenda item. CITY MANAGER'S REPORT City Manager George Hoffman commented he and Bryant participated in a teleconference with Governor Napolitano and other municipal and county officials concerning Hurricane Katrina.She is making an effort to keep municipalities current on some of the issues the state is addressing in trying to assist in getting the problems associated with the hurricane resolved. They will keep up to speed with their efforts.At this time the state, Phoenix and Tucson are taking the lead in helping people from that area.On a more local level.our Human Resources Director,Liz Riley,has put together a hurricane relief effort for city employees.She started it on Friday and 4 employees have put up $700 so far.Additionally,the police department has put together a program and is working to raise funds as well.He commented that Jeff Bell has advised him that the Woodmen of the World have donated a flagpole for the Little League baseball complex in honor and memory of the heroes and victims of the September 11.2001 terrorist attacks.There will be a short program on the Little League field on September 11 to accept the donation at 9:00 a.m.The multi -generational center opened yesterday and they had several hundred people come in.They were only open from 8 a.m.to 2 p.m. Jeff Bell and he offer their thanks to Liz Langenbach and Jamie Sullivan for the hours.they have worked to get the facility open.He stated Dr.Nine of Los Gringos Locos Restaurant was unable to attend this evening but passed on his thanks for the progress on the Phelps Drive project. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 7 OF 17 LICENSE FOR THE MAIN STREET OKTOBERFEST ON ON OCTOBER 29.2005 AT THE CHAMBER OF COMMERCE )City Clerk Kathleen Connelly briefed the council on the item.She stated Main Street is applying for a special event liquor license in conjunction with the Chamber for the Oktoberfest event.The council packets include support from the planning department,police department and the fire district.All are in favor of the event and find no problems with the application.The applicant has been told of tonight's meeting and has been requested to be here in the event of questions. Mayor Coleman requested the applicant address the council. Mrs.Rayna Palmer,executive director of Main Street,addressed the council.She stated Main Street is sponsoring their third annual Oktoberfest celebration.I t has been brought down to a one day,all German festival.She encouraged everyone to come October 29 and pretend you are German for a day.She added that Governor Napolitano will be at Mesa Community Center at Kirk Center on Monday morning at 9:00 a.m.along with her policy advisors.The Chamber of Commerce East Valley Alliance invites each of them to participate,enjoy the comments and get questions answered. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT THE REQUEST FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE MAIN STREET OKTOBERFEST ON OCTOBER 29,2005.AT THE CHAMBER OF COMMERCE SUBMITTED BY RAYNA PALMER BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 8 OF 17 The motion carried. PROPOSED ANNEXATION OF 60 ACRES OF UNINCORPORATED PINAL COUNTY LAND,CASE NO. AN -1-05 )Associate Planner Charles Beck briefed the council on the item.He stated on May 4,2005,the owners of Rancho Mirage Mobile Home Park submitted a formal request to be annexed within the city.They are located at 2400 East Baseline on the northeast corner of Baseline and Cortez.I t is composed of 60 acres.He described the surrounding area.The city began the formal process on August 8,2005,by filing a blank petition with Pinal County.A pre -annexation agreement is being drafted where the property owners will improve the half streets of Cortez and Baseline to city standards,including curb,gutter,sidewalk, paving the streets and landscaping.As part of the agreement,the city will assign the trailer homesite zoning district designation.The city will also provide police and other municipal services to the park.Sewer service will be provided through an agreement with the Superstition Mountains Community Facilities District.Staff is seeking council direction to circulate the petition for the property annexation.There are 312 units being annexed. Mayor Coleman asked if there is only one property owner,the owner of the mobile home park,involved. Associate Planner Charles Beck stated they might be just a few feet from the utilities but basically i t is one property owner for one parcel. Mayor Coleman commented that they need 51% of the residents of that park to agree to be annexed. Associate Planner Charles Beck stated they only need the applicant and any utilities if they own a certain amount of feet in the annexation.They are researching the utilities now. Mayor Coleman commented i t is just the property owner then. Associate Planner Charles Beck stated that is correct. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 9 OF 17 Mayor Coleman commented i t is not the residents. City Attorney Joel Stern stated under the annexation law,the residents,although they own the mobile homes, do not own the parcels.Only the property owner is needed,as i t is one park. The residents pay a rental fee.They would need the owner's signature and the utilities. Mayor Coleman asked i f it would be the same if it were in an apartment complex. City Attorney Joel Stern stated i t would.There is only one owner of the property.It would be different if it was a condominium. Associate Planner Charles Beck commented it would also be different if this were a mobile home park subdivision. City Attorney Joel Stern stated this is not a subdivision. Vice Mayor Eck asked i f i t is just those owners and is not like a rezoning where the adjacent property owners within 300'have any say in the process. City Attorney Joel Stern stated those are a three-quarter vote. Vice Mayor Eck commented this is one property owner and we need 51% of the owners to become annexed. City Attorney Joel Stern stated that is correct.The utilities are needed also. Councilmember Insalaco commented i t would be different with Golden Vista as they are property owners. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 10 OF 17 City Attorney Joel Stern stated that is a subdivision and each individual owner has a lot. Councilmember Insalaco commented then you would need 51% of the residents if it were that situation. City Attorney Joel Stern stated that is correct,of the actual owners. Councilmember Insalaco asked if they are in the city already. City Clerk Kathleen Connelly stated that is correct. Vice Mayor Eck asked if they are annexing them because the city needs the right-of-way for utilities. Associate Planner Charles Beck stated sometimes the utilities have the right-of-way on that or they may actually own property outright.They try to find that out through research and the utilities usually hold back on signing unless they are the deciding vote.Normally they are not the deciding vote.They may only own 10 feet. City Attorney Joel Stern commented i t is also 51% of the assessed valuation.They may have facilities on that property that have some kind of value.That is the key.I t is the assessed valuation. Mayor Coleman requested the applicant to address the council.No applicant responded.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.He asked if there was any type of communication planned to inform the residents of any changes caused by the annexation. Associate Planner Charles Beck stated there is a notification posted at the property in 3 different places. There was a person who came in about a month ago to ask about it.He was a resident and he is a renter.They are notified by the posting system. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 11 OF 17 Mayor Coleman commented he had asked because he was asked by a couple of people who live in the park.He probably misinformed them as he told them that 51% of the residents had to agree to the annexation. Associate Planner Charles Beck stated he would look forward to conversations with them starting tomorrow. Mayor Coleman commented they asked him what benefits they would have from getting annexed and he told them they could run for council.He then closed the discussion with no further comments from the council and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROPOSED ANNEXATION OF 60 ACRES OF UNINCORPORATED LAND IN PINAL COUNTY,CASE NO.AN -1-05:THAT THEY PROCEED WITH THE CIRCULATION OF THE ANNEXATION PETITIONS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ECONOMIC DEVELOPMENT AGREEMENT WITH MITCHELL FOX TO ALLOW .FOR REBATE OF A PORTION OF DEVELOPMENT FEES AS A QUALIFYING INFILL INCENTIVE PROJECT )Assistant to the City Manager Amy Malloy briefed the council on the item.She stated they have a project that is located on the northeast corner of Ocotillo and the Trail.I t has qualified for a preponderance of the criteria needed to be an infill incentive project.They will not receive the full benefit of the infill incentive REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 12 OF 17 rebate portion of the development fees,particularly the road portion,which is a significant amount.It amounts to $38,000 to $39,000.This is a small, local developer and i t is a real impact.This applicant redeveloped Paul's Coins on the southwest corner of Ironwood and the Trail.He will continue to do things in the community.Staff decided to put together a development agreement to see if the council would allow for a rebate to occur.We are about 3 months away from being able to bring back to council a request from Duncan & Associates to put the rebate of that road portion of the development fee into effect.Staff is attempting the $38,000 rebate because they were just shy of being able to qualify 3 months from now.She had copies available of the criteria required for the infill incentive. Mayor Coleman commented basically this would mean they do not have to wait the 3 months. Assistant to the City Manager Amy Malloy stated that is correct.This is an applicant that qualifies for the rebate but because he applied 3 months before staff brings this to council for the final rebate,they missed the boat.They do fall under council resolution.Resolution 04-25,to allow for infill incentives in this area. The road portion is one of those rebates available.She handed out the criteria worksheet and incentives.She advised the applicant is in Area 2 according to the map. Vice Mayor Eck commented he was all for this infill incentive because he thought it would help create something downtown.Now he is not sure it will happen.He was most concerned about the streets and that is what is affected the most. Assistant to the City Manager Amy Malloy stated staff felt that this was a project that council wanted to assist with when they passed the infill incentive last year.Staff feels that they are qualified.It is unfortunate that this time frame could possibly hamper them being able to receive the full benefit of the rebate. Mayor Coleman commented it was a good idea. Vice Mayor Eck agreed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6.2005 PAGE 13 OF 17 Mayor Coleman closed the discussion with no further comments and moved on to the next item.This was a discussion item only. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS FISCAL YEAR 2006 LOCAL TRANSPORTATION ASSISTANCE FUND (LTAF)I I GRANT APPLICATION )Grants Specialist Roger Hacker briefed the council on the item.He stated this is the annual application that the city is eligible to apply for.I t is funded by the lottery and vehicle license tax.I t is specifically meant to fund transit projects in the city.Transit is described as moving 5 or more people,people with disabilities,people with low or moderate income,and elderly people.A 25% match is required.The city manager over the last few years has asked the leadership team to come up with a recommendation for you.They recommended this money is best invested in the community by continuing the support for the transportation program at the senior center.This would be consistent with actions done in the last several years and with portions with our general plan where residents are assisted to social services and to the senior center. Staff is seeking direction to begin the application process to submit the application to the Arizona Department of Transportation.Dan Taylor of the senior center is here to answer any questions the council might have. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARIDNG THE FY 2006 LOCAL TRANSPORTATION ASSISTANCE FUND (LTAF)I I GRANT APPLICATION:TO BEGIN THE PREPARATION OF THE GRANT APPLICATION TO INCLUDE SUPPORT FOR THE CITY OF APACHE JUNCTION SENIOR CENTER TRANSPORTATION PROGRAM. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 14 OF 17 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,SEPTEMBER 19,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; AND THAT AN EXECUTIVE SESSION BE HELD ON TUESDAY,SEPTEMBER 20,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced he would be attending the meeting with the governor in Mesa on Monday. Mayor Coleman announced that the girls'volleyball team started the season 2-0 and the football team has had 2 shutouts.He believes they are ranked second in the state.The Prospector golf team won their own invitational,the swim team beat Queen Creek and the cross country team won their first meet last week.The school has had the best start they have ever had in any of their athletic programs. Vice Mayor Eck commented they would like anyone who is attending the governor's meeting in Mesa to RSVP so they know how many are coming. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:00 p.m. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 15 OF 17 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of August 16,2005. 3.Consideration of Professional Services Agreement for Economic Development with Apache Junction Chamber of Commerce for FY 2005-06. 4.Consideration of Professional Services Agreement with Mesa Senior Services. Inc.for the Ride Choice Program for FY 2005-06. ACCEPTED THIS 20TH DAY OF SEPTEMBER 2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 16 OF 17 DAY OF SEPTEMBER 2005. 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 6th day of September,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of September,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6,2005 PAGE 17 OF 17