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HomeMy WebLinkAbout2005-01-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 18.2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 18,2005.at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting tb order at 7:00 p.m. INVOCATION Councilmember Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 1 OF 43 Others Present:Associate Planner Steve Abraham Police Dispatcher Candi Nilles Civil Engineering Plan Reviewer Sam Jarjice Police Administrator Terry McDonald Public Works Manager Shane Kiesow Management Assistant Janine Solley Economic Development Specialist Ken Simpkins ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR METAL DETECTOR AND X-RAY MACHINE FOR THE MAGISTRATE COURT BE AWARDED TO GENESIS RESOURCE INC.IN THE AMOUNTS NOT TO EXCEED $5,200 FOR THE METAL DETECTOR,SAID AMOUNT TO BE EXPENDED FROM THE FILL THE GAP FUNDS;AND $28,000 FOR AN X-RAY MACHINE,SAID AMOUNT TO BE EXPENDED FROM THE JUDICIAL COLLECTION FUNDS,AND AN ADDITIONAL $15,551 FOR CLOSED CIRCUIT TELEVISION EQUIPMENT,AND $21,832 FOR RECORDING EQUIPMENT THROUGH STATE CONTRACTS,FOR A TOTAL AMOUNT NOT TO EXCEED $73,200;AND THAT AUTHORIZATION BE GIVEN TO THE CITY MAGISTRATE AND CITY ATTORNEY TO FINALIZE ALL NECESSARY DOCUMENTATION ASSOCIATED WITH THE INSTALLATION OF AND PAYMENT FOR SAID EQUIPMENT;AND THAT APPROVAL BE GIVEN TO THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN WILLIAMS AND ASSOCIATES AND THE CITY OF APACHE JUNCTION TO PROVIDE LOBBYING SERVICES TO THE CITY FOR A PERIOD OF 36 MONTHS AT AN AMOUNT NOT TO EXCEED $2,916.97 PER MONTH:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 2 OF 43 CALL TO THE PUBLIC Mr.Thomas Knapp,1351 S.Idaho Road,Apache Junction,addressed the council regarding help he had requested for a flooding situation.He had attended a meeting on April 6,2004.wherein he had asked for help with a flooding problem.He is seeking a solution to a watershed problem.He has been closed off on two sides by developments that have diverted the water from its natural channel and he is being flooded.His storage building has been flooded four times in the last ten months.Things have been lost and damaged.The channel was first diverted from behind him by a subdivision developer.The developer filled the channel in and told him there would be a ditch along the north edge of the property to the water retention basin next to the road.The ditch was never put in.St.George's church then resurfaced part of their parking lot,causing water to run north,going down their road and along property on the north side of the block wall that was put in without any drainage blocks.He does not know why the developer was allowed to plug the channel.He was told to put a retention basin in his backyard:he should not have to do that as he did not cause the problem.He is getting to the age where they may sell the property in the not too distant future,but buyers will think twice about buying it when they see the high water marks on the fence in back and the damage to the building.He requested help with the situation.He commented Roy Hunt obtained a large culvert for the main driveway,which has helped some.Their neighbors have put in a lot of money trying to take care of their properties,but he is on the lower end of it.He is blocked by a block wall to the east of him that has no drainage blocks,and his neighbor to the west does not want him to put a line across his lot underground to the road to drain the area. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the supreme court affirming the lower court decision on his nomination for mayor: his running as a write-in candidate for council;the cost of the city court/city hall complex;his organization offering $500 for any qualified candidate to run as a write-in for mayor;and his public information request for some photographs. Mr.Dan Wald,560 N.Rennick,Apache Junction.addressed the council to announce a group of marines from the 1st Marine Expeditionary Force is coming to visit a class in school in the city when they return in February or March. They have been corresponding with the students and receiving packages from them.They want to thank them personally.A two star general will accompany REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 3 OF 43 them.He recognized the businesses in the community that are making themselves available to welcome them back by providing various services.He commented on an issue that appeared in the paper regarding a conflict of interest alleged concerning business leaders,civic leaders,educators or civic employees becoming involved in the community to help make i t better. This relates to an educator.He quoted some famous statements from various authors regarding human behavior. Mr.Steve White,105 N.Delaware,Apache Junction,addressed the council regarding the arts.He passed out some literature on the Apache Junction Community Art Show.He commented there are benefits to the community by encouraging the arts and having a continuous artistic presence.He commented on the latest chamber newsletter that had an article on what they are doing with the arts in front of the Cactus Club and thanked the Chamber of Commerce.the Main Street Program and the Community Development Corporation for the article.He thanked the city for allowing artists to exercise their freedom of speech in the community,and stated i t is a pleasure to be able to set up every day along with his friends and not have to look over their shoulders for someone from code enforcement to run them off.He encouraged people to come by.He had a meeting with Mr.Stern and other staff about the Free Family Community Art Show:this is part of that show.The other part is the Apache Junction Community Art Show wherein they get business owners in the community to provide areas for artists in the community to perform, display and sell their artwork.He listed some of the benefits to the city. He commented he was asked how this would be financed.He stated that because the doors have been opened to allow the artists to receive compensation for their artwork,i t becomes self financing.It should not cost the city government one penny.There are corporate sponsorships available for many things.and he believes they could get funding from the National Endowment for the Arts,the state arts commission,and corporate sponsorships.He commented about the Gold Canyon art show on January 29.He also suggested having the Grand Hotel become the art center of Apache Junction/AJ/Artists' Junction.He would like a community wide effort to create studio space, small gallery space at low cost rentals for artists,and possibly an art show every weekend. Councilmember Milkey directed staff to contact Mr.Knapp regarding the flooding off of Idaho and to see if a better solution can be found. Vice Mayor Eck commented there was a $6,000,000 investment made by the city on the Capital Facilities Plan,and there was an additional $6,000,000 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 4 OF 43 available from the two -tenths of a percent sales tax.They are not over budget:they are on budget.In fact,the building is bigger,having grown to over 4,000 sq.ft.They had compared 1998 dollars to 2005 dollars.and they have accepted some alternate bids.He thinks they are doing a great job on the Capital Facilities Plan,especially when one looks at other communities and see that they cannot complete some of their capital facilities projects due to price increases. CITY MANAGER'S REPORT City Manager George Hoffman read a letter from the Federal Aviation Administration expressing their gratitude to the police department and particularly the officers who assisted them in their investigation of the helicopter crash on December 14,2004. PUBLIC HEARINGS ORDINANCE NO.1224.CASE PZ-19-04,PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY BRENT PAUSTIAN ON BEHALF OF WAYNE ASH OF CACTUS PROPERTIES TO AMEND ORDINANCE NO. 94,SECTION II,NUMBER 4 FENCES AND HEDGES,TO ALLOW CONSTRUCTION OF A 6 FOOT HIGH VIEW FENCE IN THE FRONT YARD SETBACK APPLICABLE TO LOT 401.PALM SPRINGS ONLY ) )Associate Planner Steve Abraham briefed the council on the item.He stated staff has discovered the item had not been properly advertised,and requested i t be postponed to the February 1 meeting. Councilmember Sippel asked what happened. Associate Planner Steve Abraham stated the advertisement did not get to the newspaper. CounciTmember Sippel asked who was responsible for doing that,the city or the gentleman. stated the city was responsible. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 5 OF 43 Associate Planner Steve Abraham Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and he called for a motion. Councilmember Milkey MOVED THAT THIS ITEM BE POSTPONED TO THE NEXT REGULARLY SCHEDULED MEETING. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-06,CASE SD -7-03, PRELIMINARY SUBDIVISION PLAT REQUEST BY SCOTT STANLEY ON BEHALF OF JOHN BELLEROSE OF BIG INVESTMENTS 01 LLC,PROPOSING A 56 -LOT TOWNHOME STYLE SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF BROADWAY AND SAN MARCOS )Associate Planner Steve Abraham briefed the council on the item.He stated it will have 14 four -unit buildings on a plus or minus 4 gross acres CR-4/PD zoned parcel.Council approved the rezoning in April 2004 with Ordinance No.1196.He described the surrounding area.He displayed the building outlines,and stated open spaces would primarily be used for retention purposes.The perimeter development has 20'setbacks proposed.All streets fronting landscape strips and planting material must meet the ordinance landscaping and screening requirements.The centralized open space will be the location of the pool, ramada and tot lot.The other ramada is located on the north side in the high and dry area.There must be 14 to 16 guest parking spaces and the provision of One uncovered and one covered space per dwelling unit.No major concerns have been voiced by other divisions.The engineering division did have a concern regarding the obstruction and maintenance of the wash running through the middle of the development.The units will have basements and will be a little over 1,100 sq.ft.The planning and zoning commission recommended approval with stipulations one and two:staff recommends approval with the stipulations as well. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18.2005 PAGE 6 OF 43 Mayor Coleman requested the applicant address the council. Mr.Scott Stanley addressed the council.He stated they are excited to get the project going.They are still trying to get the assured water supply;as soon as they have that he believes everything will go through.The plans should be submitted again within the next couple days.They would like to get the final plat out of the way soon.They met with staff regarding the water retention concerns and they have done research on that to make sure the basements are taken care of. They will use some of the same technologies found in submarines to prevent them from bringing in water.They have minimized the flooding problem. Councilmember Waldron commented he was not pleased with the way the lot was left after the culvert construction. He wanted to know how soon they will get started,as he believes the neighborhood is tired of the mound of dirt there and the amount of dust i t has generated.He also asked what assurance the city would have that the lot would not be left in the shape i t has been left in for almost the last year. Mr.Scott Stanley stated part of the problem is that those are construction materials to finish constructing that culvert.I t has not been abandoned.I t is part of the street widening they are putting in for the city.Code enforcement informed them they were out of code and i t had to be taken care of.He was told they did not have a permit,which surprised him because the day before he had laid the asphalt on the street.One part of the city is not talking to the other.They are ready to go;they are waiting on the city and an assured water supply.He commented the city water company needs to take care of the assured water supply.They would have started six month ago if the assured water supply had been there six months ago. Councilmember Waldron stated he was concerned as the culverts laid there haphazardly for months,and were removed just prior to this coming to the council.The construction trailer sat there until the tires were flat on it with no work being done.He does not think i t is fair to the neighborhood.He did not think what they had to go through to get i t cleaned up was appropriate. Mr.Scott Stanley agreed.He stated they will go when they have been told they can go.They are waiting REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 7 OF 43 on permission from the city.They have been waiting on the assured water supply for the last year.They cannot get a final plat until that is done. Councilmember Waldron stated he understands the assured water supply issue.He was concerned with how that lot was left:there is still a huge amount of dirt there. Mr.Scott Stanley stated that is correct,and they would like to be able to move that dirt,but they cannot without a permit.They are stuck. Councilmember Waldron commented they should at least have the courtesy to clean i t up. Mr.Scott Stanley stated he will promise to clean i t up.They would have i t done if they could get in there to do this.They were hoping to have the project done six months ago,but situations that came up turned i t into this. Vice Mayor Eck commented the water district was not isolated on the assured water supply.I t happens to a lot of companies.At one point the water district had the assured water supply and the private company did not.They are at the will of the Department of Water Resources. Mr.Scott Stanley stated they happened to be in the wrong place.If they had been across the street,they would have been okay. Vice Mayor Eck commented if they had been across the street at one time they would not have been okay.The Department of Water Resources can make water systems'lives miserable. there would be a homeowners association. would. would be one homeowners association. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 8 OF 43 Councilmember Waldron asked i f Mr.Scott Stanley stated there Councilmember Waldron asked i f i t Mr.Scott Stanley stated there would be one for the whole project. Councilmember Insalaco asked if the basements would be apartments,part of the townhomes,or just a basement. Mr.Scott Stanley stated if one takes the whole plan and quarters it,one would go upstairs and have a living room,kitchen,master bedroom and a bath.Going downstairs,each unit has two bedrooms and a bath downstairs. Councilmember Insalaco commented i t will not be one unit on top of another,it would be four up and down. Mr.Scott Stanley stated that is correct.I t is a true townhome. Mayor Coleman opened the public hearing on the item. Mr.Dan Wald,560 N.Rennick Drive, Apache Junction,addressed the council.He thinks i t is a good program:he lived in something similar when he was first married.They are very nice. He was concerned about the traffic issue.Along with this development there are single family homes going in,and a development to the east of Broadway and San Marcos is being completed.There is a school southeast of the intersection.A lot of children cross the streets at Phelps or Broadway and San Marcos.He had earlier asked if the city would be proactive and put some traffic signals in.He is concerned about having the same problem here that there was at Broadway and Ironwood with no signal going in until someone was killed.He would rather be proactive and urged the council to consider putting in a traffic control signal at that location. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Sippel asked the city engineer to address the study being done in that area. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18.2005 PAGE 9 OF 43 City Engineer Ron Grittman stated they have pulled all of the traffic data to perform a warrant study at that intersection.They are being proactive on the signal.Traffic volumes are currently low,but they have not completed the full warrant study.They are moving forward on it. Councilmember Sippel asked why they do not have a traffic signal at Southern and San Marcos with Desert Shadows School and the whole development there.It is the same scenario. City Engineer Ron Grittman stated i t is the same intersection.They have the traffic data on it:i t is sitting in the queue for them to get the warrant study completed.Time factors and workloads are affecting the completion. Councilmember Sippel commented i t is fine if they cannot get one. City Engineer Ron Grittman stated he did not think it would be a problem meeting a warrant at either intersection:they both should make it.The current focus is on Idaho and 16th Avenue.That is the next major push.Other projects are being held up with budget constraints and the fact that i t is time consuming. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.05-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,APPPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE HAYSTACKS,CASE SD -7-03,BY SCOTT STANLEY,ON BEHALF OF JOHN BELLEROSE OF BIG INVESTMENTS 01,LLC,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-03,GOLD CANYON REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 10 OF 43 INCORPORATION )Mayor Coleman stated he had asked for this to be placed on the agenda.He had heard people were feeling like the city had ignored their petitions that had been turned in to the city,and he had read letters stating not now is not an acceptable answer. His intention is to bring it before the council,let the council look at it, and receive public input.His personal feelings have not changed about the timeline,the time frame,and the things that have to happen before they can approve incorporation.None of those things have happened.There are certain staff members in Mesa that are pushing and believe that Mesa should annex up to the Central Arizona Project canal.The Central Arizona Project canal ends by Mountain View when you get to Germann Road.It cuts off a significant amount of the state land.They are still working with State Land and the Flood Control District to try to get the easement situation removed so that the city knows how much of that land can be developed.He asked the city attorney to talk about the legal aspect,their request and the city's responsibility. City Attorney Joel Stern stated state law requires communities which desire to incorporate and whose boundaries are planned to be located within 6 miles of an existing city or town to obtain that city or town's permission to hold an incorporation election.The resolution,if approved,meets the standard requirements.If approved,it would get signed and allow the Gold Canyon incorporation individuals to take the resolution to the Board of Supervisors,who could then allow for an election.I t is a legal document and would become a legal document at the county level.I f i t is not approved,then the incorporators could not incorporate in this manner.They have the option of asking to be annexed:if the city does not act on the annexation request within 120 days of its presentation to the council,then they could go to the county and state the city did not act on i t and they should be allowed to incorporate. However,that is an annexation issue.There is that option if council does not approve the resolution. Vice Mayor Eck asked i f it would be indefinite for them to be allowed to ask for a vote if the resolution is not approved tonight. City Attorney Joel Stern stated the statute is silent on that. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18.2005 PAGE 11 OF 43 Mayor Coleman commented he believed it could be brought up at the next meeting. City Attorney Joel Stern state that is correct.It could be brought up at every meeting if they wanted to. Vice Mayor Eck commented there is basically no difference between denying it and continuing it. City Attorney Joel Stern stated there is no time deadline.There is no effect if they continue it tonight. Councilmember Sippel asked what would happen if they voted no on that tonight. City Attorney Joel Stern stated i t would be the same effect. Mayor Coleman opened the public hearing on the item. Mr.Abe Dye,10000 Sleepy Hollow,. Gold Canyon,addressed the council.He has been in the area for 11 years;he now lives in Gold Canyon but his business was in Apache Junction for 6 years prior to moving it to Gold Canyon.He has enjoyed his associations and business relationships with the people of Apache Junction.It has been a terrific,fun place to live.He served on the Chamber of Commerce and was active in the Rotary,and other city organizations.He has seen both of these communities grow in huge amounts in the last 11 years.He has seen i t from both sides.He has been a proponent for incorporating Gold Canyon for several years;i t has nothing to do with separating i t from Apache Junction. They have 3 choices:annexation by Apache Junction,which is politically and practically not likely;remain part of Pinal County,and have 40.000 to 50,000 people living south and east of the city with no plan,no municipality,no organization and no political entity of any kind. Mayor Coleman asked if he said south and east of city border. Mr.Abe Dye stated that is correct, if he is correct in the directions.The third option is incorporation,which REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 12 OF 43 he believes is the best choice because of the explosive growth. Incorporation is inevitable in the future.I t is his contention that proceeding with a balanced and fair plan now is better for all parties involved.It should be dealt with now instead of putting off the decision to the future,or it will be revisited too many times in the years ahead. Mr.Nick Flower,11121 E.Sugar Creek Drive,Gold Canyon,addressed the council.He is the co-chair of the incorporation committee.They started as a group of concerned citizens dealing with a number of issues,paramount was incorporation.He asked that they seriously look at the petition for the resolution and give it favorable action.It would allay a lot of fears.If they are allowed to hold an election for incorporation that is favorable,they would want to be a sister city to Apache Junction.They would want to work in tandem on regional issues and be supportive in Apache Junction establishing its western and southern boundaries.That is their major focus. Mr.Warren Sifferath,4471 S.Louie [amour Drive,Gold Canyon,addressed the council.He stated he tries to make the community he lives in a better place to live.He chairs a homeowners association of over 600 homes.People have invested their financial resources in homes in that community and they value the beauty,comfort and planned community.They want to be assured that those values remain.They also want to be involved in the planning and design of their community.They have been able to maintain it thus far.He believes this occurred because the country shut down after 9/11,but the business community is now starting to pick up.The commercial retailers are starting to come into the community.Their zoning ordinance is over 40 years old,that bothers them, and it may not be able to design the future that they hope to have.They want to be self -governed.I t is a fundamental value and the reason this country was founded.Apache Junction has that privilege,and they believe they should have it,too,or at least the privilege to ask their neighbors i f incorporation is the route to go.They need the city's approval for that. He commented leadership is more than doing things right,i t is doing the right thing.He requested they do the right thing and think about Gold Canyon's future.They would like to have dialogue with the city as they move forward. Mr.George Thoeming,7335 E.Desert Honeysuckle Drive,Gold Canyon,addressed the council.He is a year round resident and is not a developer.He does not own real estate other than his REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 13 OF 43 house and has no political aspirations.He stated there are two issues at hand:the first is whether a large group of citizens residing in Gold Canyon may vote in self determination for or against the incorporation of the community:the other issue is whether the choice should be allowed by Apache Junction at this or any time and the prospect of the advantages the incorporation might bring to Apache Junction.The country is currently fighting in Iraq to bring them the freedom to determine their own future through the democratic process.He appealed to the council to allow the Gold Canyon residents to make a similar determination through the democratic process.Allow the process to air the advantages and disadvantages of incorporation and allow Gold Canyon to work with the city as an ally for future planning and growth. Mr.Roy Hudson,10785 Cordova Street,Gold Canyon,addressed the council.He has been in the area since 1960 and was involved with the city in its early days.He commented they tried to incorporate Apache Junction several times,but i t did not work because of unfamiliarity with the process.I t finally passed and the city was incorporated.The reason Apache Junction incorporated was because the City of Mesa was coming east and they were at Gilbert Road with the city limits,continuing to move eastward.Mesa came east down Apache Trail and annexed the business areas.If things were to continue,Mesa would eventually have the Apache Junction business and commercial areas.Mesa was leaving desert islands.Mesa had been having problems with Tempe,Chandler and Gilbert over boundary lines.Apache Junction boundaries were not within six miles of Mesa so the residents had a right to vote.They knew that i f Mesa did come within six miles,they would not have turned them loose. Apache Junction residents voted to incorporate.Mesa continued further east and Apache Junction crossed over Meridian to annex a small trailer park in Maricopa County.Shortly thereafter,the Mesa City Council voted to annex a large area extending all the way to Meridian with a 10'strip down the center of Meridian extending south,cutting back somewhere down south and then coming back around the General Motors Proving Ground.At that time you could strip annex:i t required 50% of the value and 50% of the landowners that could vote.They were able to do that with approximately a dozen signatures. That left Apache Junction at Meridian except for the small area across from Meridian.Prior to Mesa annexing the area,Apache Junction went to Signal Butte Road;residents were delivered mail from the Apache Junction Post Office and had an Apache Junction zip code.They thought they lived in Apache Junction.When Mesa annexed that land,those people could not come to Apache Junction,although some of them would like to.They are still are out REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 14 OF 43 there living in that county island after 25 years north of Apache Trail. There are homes only and the county gives them no service other than the sheriff's office.There are no libraries or jails,and i t has turned into a bad area to live in.He is aware Mesa is wanting to come across the Pinal County line.I t is affecting him again,as he lived in Apache Junction when Mesa attempted to take it,and he now lives in Gold Canyon.If Apache Junction loses the battle,and Mesa comes across the county line,they are saying they are coming to the canal and the canal will not stop Mesa.He has seen them do it before.He wants to keep Mesa over there because if they win the battle,they will be at Gold Canyon.They will zone the properties the way they want and put the businesses out there that they want.They will collect our taxes but not give the area any services,just like the islands they have left on both sides of the business areas all the way to Mesa.They are now annexing areas,building nice homes,and bringing them into the city. However,they have not provided any sewer or water to those people.He does not want that problem again.He requested Apache Junction give them some time and talk to them about this and give them some help.They are willing to give the city help on holding Mesa back.He urged them to give them the right to vote. Mr.Robert Pettycrew,10512 E. Tortilla Creek Court,Gold Canyon addressed the council.He is a fourth generation Arizonan,growing up in Scottsdale.He was on the Scottsdale City Council for 8 years.had been on the planning and zoning commission,was involved with the McDowell Sonoran Land Trust for 10 years,and pioneered funding sources for preserving some land.There are some issues here emerging that he has lived through and dealt with in Scottsdale.I t is important for both of the communities that he get involved.They need to work together.There may have been some adversarial relationships between the committees in the past but they do not see that as moving forward that way.They are partners with Apache Junction.There is more growth coming and the opportunity for the State Land piece that abuts the communities could be a poster child for how State Land plans in the future.There is a master plan opportunity,and everybody wants a piece of it.They are in Pinal County,and they are in a battle with Maricopa County.The communities need to partner and share resources.They need to tap the taxes that are going from Gold Canyon to the county so that they are going back into their community to work on the wastewater and flooding issues,the preservation issues,the infrastructure issues,and the economic development issues.They have an opportunity here.He tried to put himself in the mayor and council's shoes regarding the city's issues that they have to solve before they can REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 15 OF 43 deal with Gold Canyon;he is saying they should work together on those issues.They are their partners and neighbors and he thinks they have the same goals.He asked that they look at this seriously and reconsider no not now to partnering and getting things done together. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He stated they have already voted once on Gold Canyon incorporation and .the straw vote was strongly against it. He commented Apache Junction has to clean up its act if they want to play any part in anything that is going on in Gold Canyon.Gold Canyon sees scandal and activists that do not make i t into the paper in Apache Junction.He does not see how a community would partner with Apache Junction or act on their own to start their own incorporation of a city by looking at the example of Apache Junction. Ms.Marta Saint -James,6646 S. Sinagua Court,Gold Canyon,addressed the council.She stated she researched this issue,attended meetings,and self-educated herself.She decided that they should have the right to vote.I t is unknown how the residents will vote,but they should have the right.The country espouses freedom the democratic way.She sometimes feels like they are second class citizens; like piranhas.She does not like that feeling.She does not think i t is ethical,right,or reasonable.They legally have the right to deny them,but she does not think i t is fair.She came here to beg for them to have the right to vote.She is very involved i t the city,belonging to the Chamber of Commerce and being a volunteer for them.She has supported everything and every festival in the city.She believes they can work united,not divided. She knows they will make an intelligent decision.They have everything to gain if they work together,and everything to lose if they do not. Mr.Michael Keane,8577 E.Canyon State Circle,Gold Canyon,addressed the council.He moved to Gold Canyon after September 1,2004.He previously lived in Anchorage,Alaska,where he worked in economic development for the county.He urged the council to give them due consideration and approve the request for incorporation.He is also the president of Gold Canyon Estates Homeowners Association;there are 42 custom homes there.He agrees that they intend to work together with Apache Junction to stave off Mesa's advance into Pinal County.They do want control over their own economic development and planning and zoning. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 16 OF 43 Mr.John Enright addressed the council.He lives and works in Gold Canyon.Their biggest investment is in Gold Canyon,as growth and change is coming.They want a voice in the development of northern Pinal County,to control their own future,and protect their investment.It is a just and fair request.Arizona law states they have to have permission from Apache Junction.The council holds the key to their future;he asked that they open the door for them.He would like to work together as good neighbors for the common good of both communities. Apache Junction has felt what i t is like to be treated poorly by a bigger and more powerful neighbor.They ask for Gold Canyon to be treated better. Treat them as Apache Junction would like to be treated,with fairness and compassion.In November Vice Mayor Eck came to their meeting and stated i t was time to open dialogue.In December Gold Canyon representatives came to the Apache Junction meeting,and the mayor stated it was time to open dialogue and explained the problems the city faces.Since then they have been to State Land meetings and League meetings.They have a good understanding of the problems the city faces.He thinks everyone in northern Pinal County needs to work together as one voice to help get the city borders secured.He believes they should have the meetings.They have not happened yet due to missed connections.He suggested they have the meetings,sit down,work together,understand each other and see if they can work out the problems for both.They are willing to work with the city and set up a timetable.He requested they delay their decision for at least 30 days so that they can sit down with the mayor,the council,and the city manager to work out a program that benefits both. Vice Mayor Eck asked what if the request was more of an indefinite request on the delay. Mr.John Enright stated he would like to sit down with them and see if they can come up with some agreements. He would like to set up a timetable.He realizes they have needs they have to secure,and understands that.They want to work with the city. Mayor Coleman asked if he does understand that,just what i t is.There is a reason for the six mile rule. They cannot strip annex like Mesa has done in the past. Mr.John Enright commented that is no longer legal. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 17 OF 43 Mayor Coleman commented i t is not possible.He does not want the city residents,who already have to go across the line into Mesa so many times to buy things that are not available here, and pay Mesa's city sales tax,to have the same problem going south.He received his email stating they had pulled back from the original 196 square miles:that would never have flown.He understands that.However,once they are incorporated.Apache Junction will not only have to worry about Mesa coming across.they would also have to worry about them coming across.They can say they would never do that,but they cannot bind future mayors and councils.I t is the same problem they are having with Mesa. Mr.John Enright commented he understands that they both want the same state lands.It is his understanding that if they incorporate or the city annexes,State Land will not allow Apache Junction or Gold Canyon to take more land until they can develop what they already have.They are asking for 32 square miles,of which 20 is undeveloped north of US 60.State Land will not allow them to annex more land until that is developed.He does not believe they are a problem for Apache Junction.He understands that in the future anything can happen.but they are talking about the present.He understands his biggest concern is for Apache Junction,where they want to go and what they want to do. Mayor Coleman commented that is who elected him. Mr.John Enright agreed that i t is his job.He understands that.His job is to protect Apache Junction. Mayor Coleman commented he does not think i t has to be at the expense of Gold Canyon. Mr.John Enright agreed.He thinks there is enough land out there for them to sit down and come to a compromise. They are willing to wait for them. Mayor Coleman commented about his asking for a timeline.He read his email about the State Land meeting where they were saying two years.He does not want to set in stone months,days and years,or that in 30 days they would be able to vote yes or no. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 18 OF 43 Mr.John Enright commented he wants to talk in the 30 days and get a dialogue going and ideas exchanged.They realize what the city wants to do so far as going south and east to a degree. He believes they need to get that done.He is not saying i t has to be 30 days,60 days,or a year.He is asking the city that if they work with them in any way,that when the city achieves its goals,i t allows them to achieve theirs.They are not asking for a specific time or month;if it takes 30 days or two years,they will have to do that.They want to work together because they want them as a neighbor,not another city.They want an understanding from them,and they know that another mayor and council may not be binding in the future.If that happens,they would expect Apache Junction to work with them to have their goals. Mayor Coleman commented that is why he had said at the last meeting that if they had wanted to say no to them, they would have already said it.He does not feel that they should dictate to them that they should be annexed,incorporated,or remain county.That is the residents'decision.But then he was hearing that he was saying things that he did not remember saying and his trust started to whittle down.He knows what he has said.That is when he decided that if they did not hear or understand,then he would put it on the agenda and give them an answer. Mr.Robert Pettycrew stated the longer they wait,the less control they will have over their destiny.They are building 75 to 100 homes a month now with more development knocking at the door.They need to have control over that development so that new development is paying for itself.They could then plan for all the things they have talked about.Everyday they do not move forward on this,they lose those opportunities to create a substantial community and have growth pay for itself.The timing is important for him.If not now,at least talk and get a greater comfort level between them so that they can move this quickly forward. Mr.John Enright stated another problem is they have gone to various agencies and groups but they have no standing.They are not a city and cannot get involved.They could help more as a city,and they need to have some control over their future.Apache Junction holds the key.They could set up an advisory board or committee to let them work with the city.He hopes they will help them out. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 19 OF 43 Mr.Cliff Axt,10322 E.Breathless, Gold Canyon,addressed the council.He stated approximately 6 years ago he •was one of the spokespersons who wanted to incorporate Gold Canyon.They got bad advice from attorneys,and they did it the wrong way.They came in here one night with shirts on:he was embarrassed when he looked back on it.He has listened to Mayor Coleman and he made i t very clear that those acres would someday be developed.He has been to the state hearings,and to repair all the dams and other things that need to be done before they can build in that area,they are looking at a minimum of 4 years or longer.The State Land department is now saying they do not want to see any applications from anybody for at least a year.He remembers thinking about what the mayor had said,and he did something about it.He hears everyone tonight saying they should work together.What he did was join the Chamber of Commerce,he has coffee with the council,and he is now the president of the chamber.He invited all of the people who want to get together to solve this problem to start with their organization. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She believes the council needs to hear from the city residents,not just Gold Canyon on this issue. She hoped she would be reflecting how the residents feel from indications she has had speaking with them.The city residents will not tell the council to deny Gold Canyon the right to incorporate.She qualified that by saying she is not going to tell them to give them the right to have the election to incorporate now.She repeated what one gentleman stated earlier,that being a good leader means not only doing things right,but to do the right thing. She encouraged them that they should be doing the right thing first and foremost for the residents they have the obligation to support.She asked for their forgiveness for having people that continually point out the negative side of being an Apache Junction resident.She does not believe i t is riddled with scandal any more than any other city that is developing and growing.They have just gotten out of their infancy and are now at the toddler stage.Gold Canyon will go through that when they become a city, which she knows they will someday.She wished it were possible for them to unite and be one big city:it would give them a clout that would be similar to those large cities in Maricopa that are grabbing everything from the state.They get the attention,the money,and they have that ability because of the population numbers.Pinal County continues to do small cities.Small cities cannot fight against a Chandler,Gilbert of Phoenix when i t comes to the money,or the legislature to listen to them.She would like them to open dialogue,and encouraged the council to do so now.They already have all the REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 20 OF 43 common ground necessary to have that dialogue.All the citizens in the area have a love for the desert,open space.and the preservation of the foothills.Together they can do that.Task forces have worked on funding for that.They could help the city accomplish a lot,but they need to do i t together.She is tired of hearing about the fighting.She believes they will know that Gold Canyon understands Apache Junction's situation when they open dialogue and sit down and talk,not with press reports.She believes i t is important for them to have that dialogue before they are given a yes or no.She understands Gold Canyon's request for a timeline as they are anxious to have something settled,but i t should be in events accomplished,not dates.They should not stop talking just because they do not want to come up with a date for the timeline.Do not use the calendar,use history.She commented Gold Canyon is a wonderful place and she wished they were one of their villages. Mr.Duane Bricker,10890 Maverick Trail,Gold Canyon,addressed the council.He has watched the area grow since 1980.He is a member of the design review overlay board:he wanted insight as to what will happen in the future.They would like to have some kind of control in this growth.They may not be able to plan the area in 4 to 5 years.They need to decide where shopping,retail,industrial and the schools should be.They need to decide how they can preserve the pristine areas around them.Currently they may have to wait one half hour for police to arrive because of the shortage and their huge patrol areas.He encouraged them to open dialogue. Mayor Coleman closed the public hearing and reopened the item to council discussion. Councilmember Waldron commented all the reasons given for incorporation are good and valid reasons.The issue for Apache Junction is not to stop them from incorporating and going on to self -governance,i t is our future.If there is a no vote tonight,i t is not meant to stop incorporation.He is charged by the citizens of Apache Junction to protect their future,which is to the south.Until the area to the south is decided,he would be remiss in allowing the incorporation vote, having them incorporate,and then Apache Junction is squeezed in the middle. He commented i t is fine if they want to incorporate,be annexed or remain the same,but his responsibility is to the city.They have a huge problem to the west of the city that they need to deal with.They have asked for Gold Canyon's help and the meetings and dialogue are continuing in small groups REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 21 OF 43 and interested parties in Gold Canyon.I t is an issue of Apache Junction's future;the only direction they have is to go south and that is what they are working on.There are huge problems down there,including financial problems,and these need to be rectified first.As an elected official of the city,he has to vote how he thinks the citizens of the city want him to vote,and that is to protect our future. Councilmember Sippel commented one of the key things mentioned was that neither of them can control future - councils.The difference they have versus the city council is that if the council approves the resolution,they have essentially given out their cards. They cannot control the future councils.If the council votes no,the worst that can happen on the city's side is for a future council to vote yes.By voting no,this allows them to control what the city has now.He is aware they have been working with George Hoffman and they have received emails to have small,group discussions of that nature,but for him,when there is something stating in the paper or in emails that they have talked too much and they want to know where they stand,it makes him want to get it up there and let them know how they feel.It is not a positive communication to get negative attacks like that,such as moving too slow or having talked too much.Now he hears these people stating they want more dialogue,when he has read they have had enough dialogue and they want to know where they stand. I t is a confusing message to him.He will be voting to control the city's destiny.If i t is released to them,and a vote gets passed,and four years later their council decides to go over and get everything south,as they want to get it,too,the council cannot do that to our citizens here and become landlocked like Tempe. Councilmember Milkey commented they have heard a lot of talk about being a good neighbor.He commented the suggestion is that,first and foremost,Apache Junction is infringing on the liberties and rights of Gold Canyon residents:that is ridiculous.He feels they are afforded protection by state law from encroachment.Their destiny to self -govern is a valid endeavor,but the council vote that would deny the incorporation does not deny self -governance.Personally,he feels they should look at annexation.The residents would be afforded the opportunity to run for office,and to help dictate the vision and the policy for the area.He agrees with Anne Marie Surra.It would give them a greater standing in the county and the state legislature.They would be able to spur economic development by teaming together.They have heard that should the council afford them the right to incorporate,they would have a voice for REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 22 OF 43 their future and control their investments.To him,this implies that i f Apache Junction got involved,they would screw it up.The investment would be squandered because the council would somehow come over there and lower their property values by Gold Canyon being associated with Apache Junction. He feels that they are telling them that only through their incorporation can Apache Junction get a seat at the table with State Land.The city has not come up with an agreement for lands to the south with State Trust Land through no fault of its own.However,should Gold Canyon incorporate, magically,with their help,i t is implied Apache Junction could get that affair in order.He commented Marta Saint -James mentioned second class citizens;he is a proud resident of the city and for a long time has felt like a second class citizen when he talked to those in Gold Canyon.He has heard language from Gold Canyon residents who want to become involved.He suggested they do as Cliff Axt suggested and become involved in the Chamber of Commerce,SALT.ADOBE,and those types of efforts to preserve the desert and promote the lifestyle enjoyed by those living here. Vice Mayor Eck commented it would create even more friction to take this to a vote tonight.He does not see where i t is going to affect Apache Junction not to.He has heard more positive comments than what he has heard since there has been discussion on Gold Canyon.He has not spoken with Mr.Hudson,Abe Dye or a lot of these people.He is not in support of Gold Canyon being incorporated,but he feels he owes them the respect and the courtesy to communicate with our surrounding neighbors.He does not think they have discussed the meat and potato dialogue yet. Mayor Coleman stated he would like to put the vice mayor in charge of that dialogue. City Manager George Hoffman commented they have not been able to connect on the outreach as Mr.Enright had noted.They have connected with two other groups.The challenge is who represents the voice of Gold Canyon.He is not sure there is one voice of Gold Canyon.The outreach was to a broader group.They need to keep in mind when contemplating future dialogue that while there is an effort to say that one group speaks for all of them,it may not be the case and they need to determine who they should be talking to.The initial effort has been to have a broader level of outreach.The Brickers suffered a loss in their family and they have not been able to meet with ADOBE yet.They need to meet with more than one faction out there. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 23 OF 43 Mayor Coleman asked i f it would have the same effect to withdraw the resolution. City Attorney Joel Stern stated there is no time deadline.This is not an annexation petition.If it was, there would be 120 days for them to act on it.There is no deadline to act on the resolution.If they vote no,they vote no.They could still have meetings,and the council could come back with sufficient justification and say they are changing their minds,they would then have a new resolution and they could vote yes. Councilmember Sippel commented he believes they should vote on i t so they do not have the answer of no not now hanging over their heads.They will know where they currently stand.He is not against talking,but they will know where the city stands today. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT RESOLUTION NO.05-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE INCORPORATION OF THE CITY OF GOLD CANYON,ARIZONA.REPEALING ANY CONFLICTING RESOLUTIONS;AND PROVIDING FOR SEVERABILITY,BE DENIED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 24 OF 43 NEW BUSINESS INTERVIEW CANDIDATES TO FILL 2 VACANCIES ON THE LIBRARY BOARD )Mayor Coleman stated he would take the applicants in the order they are appearing in the council packets. He requested they state their interest in serving on the library board. Mr.Everett Deidiker,1673 W.12th Avenue,Apache Junction.addressed the council.He stated his background is on the application.He is a member of the Service Over and Above the Rest Citizens Team,attending the Citizens Leadership Institute,and he is attending the council meeting to fulfill one of the requirements of the latter this evening.He will still attend the next meeting,though.He and his wife travel and they go to various libraries when they do.She goes for the books,he checks the emails.The libraries have internet connections. Someone told her in one of the towns that you can get the pulse of the city in the library.He finds that interesting.He would like to serve because he believes there are several positive things that a city can be known for: the development of the library and the expansion underway is commendable. When he taught in Denver,he used to take his students on a walk to the library at least one day each semester.The librarian would give a tour: some of these kids had never been to a library before.The libraries of today have changed tremendously with videos and DVDs.The expansion of the library is only limited by the amount of money they want to put into it.He is sure a lot of dreams are on the board and he would like to be a part of making these things happen.He would like the city to be known for its tremendous library and have people bypass the area west of us because we have a better library. Councilmember Milkey asked how long he had been in Apache Junction. Mr.Everett Deidiker stated they moved here in August of 1997.They love i t here.He commented someone on one of the committees once told him they came here with a five year plan of getting out of the city and changed their mind after living here.He has visited his son in Gilbert since 1982.and people would comment about his living in Apache Junction.He does not regret i t in the least,and plans on staying here permanently.He also wants to give back to the community. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18.2005 PAGE 25 OF 43 Ms.Lori D'Amico,1440 N.Idaho Road #2082,Apache Junction,addressed the council.She stated she has been in Arizona for over 3 years and is also attending the Citizens Leadership Institute.She is also attending Central Arizona College pursuing her associate degree in business management.She has explored the library website while attending college,looking at the material in the library. Everyone there has been helpful with everything she has needed.She has talked to a number of members of the council for a paper,whom she thanked, and advised she did receive an "A"on the paper.She feels she could provide a new outlook on some of the changes with the expansion.She wants to get more involved in the community than she has already been and she thinks this is a great place to start. Ms.Valerie Powell,2244 E.36th Avenue,Apache Junction,addressed the council.She commented she visited her daughter in Mesa and then her family chose to move to Apache Junction. When they moved in,they told their neighbor they had moved here to die. They do not plan on living anywhere except Apache Junction.They moved from the Chicago area and have been here for 2 years,moving on the July 4 weekend.She loves the heat and hates the snow.She has a library card but no driver's license.Her biggest passion with the library would be reading: it was a haven for her when she was growing up.I t saved her from a lot and broadened her horizons.She desires to incorporate the desire for reading and the use of the library into young people.They had a wonderful part of the library for children where she grew up,with cubbyholes,readings, chairs,and everything that was done was done to encourage children to read at the library,not just to come in and use i t for its resources.I t encouraged them to stay,read and learn.She stated serving on the library board would be the first step in getting involved in the community.The passion for reading was passed down from her parents all the way to her grandchildren in her family.She would like to be able to use that passion in Apache Junction.She would also like to see our library be the best library and make the other cities envious. Vice Mayor Eck asked how long she had lived here. Ms.Valerie Powell stated she will have lived here 2 years on July 4. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 26 OF 43 Vice Mayor Eck commented when she hears those things about Apache Junction,once she has lived her longer she will find that it tends to make the citizens bond that much more. Ms.Valerie Powell stated even people at work will make comments about it.She chose to live here and she loves it. Councilmember Waldron commented there are only two positions for the library.He asked all three candidates if there was another board any of them might be interested in if they were not selected for the library board. Ms.Valerie Powell stated she would accept anything. Mr.Everett Deidiker agreed,but stated he would like to see a list of vacancies.He would probably choose one,but he wants to be a part of the city and be involved.He would be willing to accept another position if they felt he could assist there. Ms.Lori D'Amico stated her first choice is the library,but she is not against anything else. There was general discussion on how they liked the Citizens Leadership Institute. City Manager George Hoffman asked if the existing vacancies could be articulated to the council when this item comes back to them. City Clerk Kathleen Connelly stated it would be done. COMPENSATORY TIME BALANCES AND VACATION LEAVE BALANCES )City Manager George Hoffman briefed the council on the item.Currently Personnel Policies Rule 8, Section 2,state vacation credits shall not be allowed to accumulate in excess of 320 hours on January 1 of any calendar year.Any carryover of vacation credits in excess of 320 hours at that time becomes void at that REGULAR MEETING OF THE CITY COUNCIL JANUARY 18.2005 PAGE 27 OF 43 time.I t is the responsibility of the employee to schedule vacation time in compliance with departmental workloads and needs.In the past year the police department has experienced significant staffing issues,resulting in a number of employees who have not been able to comply with this largely due to the structural staffing levels going on right now.He would not like to see them lose those excess hours.I t is his read and Kathy Connelly's interpretation that this section does not give him the discretion to not reduce their hours down to 320 hours.It appears to compel him to say the hours should have been used and now they are lost.If council is amenable, he would like to bring this back and get the discretion to deal with this situation this year.He does not want to modify it.The city is very competitive on the maximum number of hours that we allow employees to carry: however,there is a situation in the police department that he does not believe will be a long term one.He does not believe i t is the exclusive responsibility of the employees this year for finding themselves in this circumstance.He suggested an ordinance that would give him the ability to not have them lose their hours. Mayor Coleman stated they agreed. City Clerk Kathleen Connelly asked if 320 hours would still be the maximum. The council consensus was it was okay. City Manager George Hoffman stated the second issue is compensatory time,when the employees earn overtime. There is an option where that time can be taken as compensatory time.Under the employee problem solving communication resolution he has been communicating with employees,especially the police officers association, regarding this issue.They have commented that,especially under the current staffing circumstance,they would like the ability to have a higher compensatory time balance.I t is a benefit.I t is a cushion to fall back on in an emergency situation if time off is needed.It is perceived as a benefit and the marketplace really treats i t in different ways.Some organizations,like ours,view it as a budgeting issue that needs to be managed very carefully.Others tend to emphasis the employee benefit end of it.The association hopes that the balance that we allow to be accrued in this organization be increased to 160 hours and that there be flexibility in cashing out the hours.They do not want to be compelled to cash it out on an REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 28 OF 43 annual basis;they would like to bank it,use it or cash it out.They need to work out some details on how it could occur so that i t flows well with finance.He told them on January 4 that he was concerned about the competitive position of the organization.They are stating this is one of the key interests from their perspective.He does not have an exact target amount in mind.He is conflicted;he thinks 160 does well towards the benefit end,while 120 does more towards the managing and accrued liability that would have to be carried on the books.It will have to be budgeted for. If employees accrue this and want to come in and cash out 80 hours,they will have to be able .to write them a check.There will have to be enough money in the departmental budget to carry it.He would like to do more on the employee benefit hand,but less on the managing and overall budget.The police department has some representatives here if they want more information on the topic.He is looking for if there is council interest in bringing back an ordinance that would modify the amount of compensatory time that employees in this organization can accrue. Vice Mayor Eck asked if this would be for employees of the entire organization. City Manager George Hoffman stated that is correct.He commented that from a managerial perspective,this would give the city manager and department directors more flexibility in managing some situations.They do not have the structural staffing issues across the organization that they have in the police department.To be candid,he would want the other directors to have a very good explanation on why he would see accrued balances getting higher in their departments. Councilmember Sippel commented he has a problem with the hour amount. Vice Mayor Eck commented they are currently at 45 hours and he was honestly thinking of going to 120 hours. However,if you divide up everything outside of Casa Grande since they do not have a cap,i t comes out to 157.It would basically be an average of the market that they looked at. Officer Bill Virtue commented i t is great that it worked out that way.They did not do that,it was essentially a number that they felt would be applicable based on the current situation in the police department.Forty-five hours does not cut i t for their department REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 29 OF 43 right now because literally an officer banks that in a week.They are so short right now that if they banked it they would have to use i t right away, leaving them having to cover that shift.At 160 and having the ability to cash it out at some point,they will eliminate that.A lot of officers do not want to take the time off,they would rather get paid for it.Currently they have to wait until the end of the year. Councilmember Waldron asked if the provision for it to be paid out by annual performance review date would be deleted. City Manager George Hoffman stated the interest is basically in having a policy that allows them to bank it,use it or cash i t out.It would not have an annual bring it down to zero hours. Councilmember Milkey asked i f i t would be like what Tempe has. City Manager George Hoffman stated that is correct. Officer Bill Virtue stated they proposed to the city manager that someone would be able to carry 160 hours through their career as long as they never leave the pay range they are currently in.If they are demoted or promoted,they would have to cash out because they are entering a different pay range. Vice Mayor Eck commented that would be a concern. Officer Bill Virtue stated they totally understand it and agree with it.They did discuss the implementation on how someone would cash it out.They are proposing that it be a form that an employee can fill out that would be processed through finance and paid on the next scheduled pay period.If it does not work for finance,they are willing to work with them to see what will work. City Manager George Hoffman stated they had not talked to finance yet to see if it could be done every pay period or quarterly or whatever. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 30 OF 43 Councilmember Milkey asked if he thought 120 hours would be easier to manage. City Manager George Hoffman stated not per se.I t represents an accrued liability for the organization and i t is a money issue. City Clerk Kathleen Connelly stated they are looking at 160 total accrued hours and,using the Tempe model,that it can either be banked,used or cashed out. Mayor Coleman commented i t is pretty good compared to what everybody else is doing. City Manager George Hoffman stated i t represents a variety of philosophies about how to view the situation; whether you weight the benefit component or whether you weight the management of the overtime and the accrued liability end of it.That is why there is such a divergence. City Clerk Kathleen Connelly asked if they want to include the change in pay range,either through promotion or demotion,requiring it to be cashed out. The consensus of the council is they do. Officer Bill Virtue commented the organization is also looking at this as another benefit they can advertise to attract quality employees.They are currently in a battle to retain who they have.A lot of guys are looking and possibly going elsewhere because of the benefits.They are negotiating and they have been able to stave that off. They are hoping this will be viewed as a benefit,then advertise it to pull laterals that can help the department immediately. Councilmember Milkey commented i t could act as a recruitment incentive and kill two birds with one stone. Officer Bill Virtue stated they are currently redoing the recruitment paperwork;they would like to get this in there as soon as possible. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 31 OF 43 City Manager George Hoffman stated this would be brought back at the next council meeting. RECRUITMENT PRACTICES FOR POLICE OFFICERS WITHIN OUR LABOR MARKET )City Manager George Hoffman briefed the council on this item.On January 4 he asked the council if they were desirous of trying to maintain a competitive posture in the labor market.Council stated they were.He stated Candi Nilles and Janine Solley have an overview providing what the marketplace is doing. Police Dispatcher Candi Nilles stated the city manager tasked the Apache Junction Police Officers Association with researching what our labor market cities are doing to attract and retain qualified police officers.The original base came from the classification and compensation study from a couple of years ago where the twelve cities of Avondale,Bullhead City,Casa Grande,Chandler,Gilbert, Glendale,Mesa,Oro Valley,Prescott,Scottsdale,Surprise,and Tempe were used.They have also included Phoenix as a trendsetter or an example of where they would one day like to be.She thanked Janine for her work in this research project.Information was gathered from human resource departments, police departments,recruiting teams and city websites.A comparison study was created.Questions asked included present population,recruiting incentives offered,benefit packages offered,salary plan and type,and any specialized pay.Every agency contacted is actively recruiting.Gilbert and Glendale are offering hiring bonuses;others are providing 40 hours of vacation time and 40 hours of sick time banked for any new hire.Some are offering an incentive to current employees who bring in a referral who makes it through the process to solo officer status.There are pluses and minuses to hiring an employee with no prior law enforcement background:most agencies due to manpower shortages are offering some additional perks to Arizona Post Certified Officers who lateral into a recruiting agency.Salary negotiations or step placements and waiving of one or more of the testing requirements seem to be the most widely used.The major advantages of these laterals are training time and money.If there are no hitches,a trainee takes a minimum of 10 months to reach the solo officer status from the application stage.A lateral would not require the academy time,saving $2,500 to $2,700 and 17-18 weeks,plus the salary and benefits paid in the academy,and would start at the field training officer stage of only 14 weeks,needing only the additional application process time.It cuts the time in half.They also looked at benefits,including how much was paid by the employer for the REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 32 OF 43 employee and the dependents.The city is competitive in this area,but several agencies have gone beyond the normal benefits and have negotiated with insurance companies and carriers to provide group auto insurance, mortgage and renters insurance at approximately a 10%savings over what they would get as an individual.They also include payroll deduction with no service charges or down payment.The cities are not funding this,just facilitating it..The salary is basically within the competitive market range;moving through the ranges is not.Most agencies have a step percentage that moves them through their salary ranges and allows the employee to know what to expect and when they might be at the top of their range.Most agencies have a plan to allow their employees to top out within 7 to 9 years of their date of employment.We have people just under the 20 year mark who are nowhere near their top out.Specialized pay encompasses shift differentials,officer in charge pay,field training officer pay.and other specialized or unique incentives offered.Most are self explanatory. Shift differential is prevalent in almost every agency,along with bilingual compensation and field training officer pay.They are assuming additional responsibilities and they should be compensated for them.She commented they have brought the best practices of those agencies to the council tonight; items that can entice an applicant to accept a position in one agency versus another agency.They want to be the place they choose to work and have the ability to attract and retain quality police officers.They want to be competitive in this market.She urged council to have the classification and compensation team research a step plan for the city for a way to move through the pay ranges,and consider the creative ways other cities have used for budget conscious ideas to provide incentives to present and future employees. Vice Mayor Eck commented there were a number of benefits mentioned.He asked if the step is the priority item to obtain and retain employees. Police Dispatcher Candi Nilles stated the insurance after retirement has been bantered around on several occasions.She does not think a decision has been made on that.The insurance committee was talking about that last time.The insurance costs keep going up and it may have to be passed along to some of the employees. It will ultimately have to be decided.The shift differential is common practice in almost every city.Asking an officer to take a fledgling trainee under his wing and to be responsible for him through the entire field training officer scenario for 14 weeks and not compensate him for the training and knowledge he has and is passing along should not happen.The REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 33 OF 43 city needs to start doing that.They need to start looking at the possibility of doing that:those that are not doing i t are researching it. City Manager George Hoffman stated those things are within his purview as city manager to work on.He will work on those.Things like the step plan and the compensatory time are a matter of policy and ordinance.They ultimately need council consideration.They raised the issue of the step plan on January 4.He requested they articulate any inclinations they have on those to him.He is predisposed towards those. Vice Mayor Eck commented he believes everyone is for the step program,but they need to be shown how it can be financed. City Manager George Hoffman stated they have done some initial budget discussions,and with the opening of the multi -gen center and the cost to the organization,let alone the employee increases in both the public safety retirement system and the Arizona State Retirement System,he has not a clue.He thinks the first step is the expression of the desire to work towards that.If it they posit that as a goal,they can then set out to work towards i t as a goal. Mayor Coleman closed the item with no further discussion. DRAINAGE FOR THE AREA OF DELAWARE AND APACHE TRAIL )Economic Development Specialist Ken Simpkins briefed the council on the item.He stated this is the retention and drainage issue existing on the north side of the Trail.It runs from Meridian to Bashas'Plaza with varying degrees.Tonight he is concerned with Delaware west on both sides of the Trail,specifically around the WalMart Store.They need to handle the retention and drainage that flows across the property.I t inhibits the full commercial development of . individual parcels.The parcels are developing slowly and at a low density. He is concerned because the retention difficulty creates a situation that prevents commercial intensity,meaning retail space that generates sales tax dollars,and the difficulty scares off a lot of developers due to their inability to fully utilize the property.The extent or degree of impact for each property is currently not known.They have figures generated by the city engineer that are ballpark figures.They do not know the best way of REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 34 OF 43 solving it.They need to develop a concept design report for the area.They have an estimate of $68,000 for the report.They cannot solve the issue without one as there are too many unknowns.I t is the first piece of putting the whole drainage issue in perspective.Assistance in handling retention and drainage was one of the issues coming to the forefront in the infill incentive program adopted in November.He asked Cliff Axt to speak about the area as he represents the owners of almost all the vacant land around the WalMart. Mr.Cliff Axt,10322 E.Breathless, Gold Canyon,addressed the council.He stated he has had 3 letters of intent on the 9 acre site across from WalMart.They all took a 30 to 60 day look of due diligence and all 3 came back with the same problem.He suggested they share this with everyone that has the problem on both sides of the Trail: they might be able to make the city enough money in sales tax revenue so they could forget about what they paid for.He stated Can -Am gave them a $65,000 to $70,000 range in a meeting.He requested the city assist in paying for that.His owner stated if that happens and he is given what has to be done on the property,he would be happy to be a part of that.If the cost could be spread out on both sides of the Trail,he thinks they could solve the problem and get some more commercial -based retail. Economic Development Specialist Ken Simpkins stated his intent is to create a maximum out of the retail space around the WalMart store.He figures that for every square foot of additional retail created in this area done by a national chain should generate $2.50 in sales tax per year.The concept of chains to go into areas today is the fact that if they cannot do $100 per square foot,they will not locate in an area.Chains like P.F.Chang and Trader Joe's are up in the $1,000 plus per square foot.It would all be sales tax coming to the city. He is concerned with the way the area is developing.I t is developing at a lower density than we should see around it.I t is a dilemma with no easy solution.The first step is to create a partnership with some of the owners in the area who have expressed a desire to participate and move towards getting a concept design report so they know exactly what they are dealing with. Vice Mayor Eck asked if the $68,000 would get the concept design report where a developer would know what their issues are. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 35 OF 43 Economic Development Specialist Ken Simpkins stated that is correct.He will be meeting tomorrow with the developer of the corner of Delaware and the Trail.Their model is for only 13,000 sq.ft.of retail.They were not aware of the expensive drainage issues on the corner.He does not know how this will play out.He is interested in the area,but there are issues that have to be resolved.He does not think any one developer can solve the issue.I t is an opportunity to put a partnership together between the city and the landowners. Vice Mayor Eck commented he thinks the new retail behind McDonalds looks out of place for the area. Economic Development Specialist Ken Simpkins agreed. City Engineer Ron Grittman stated the issue is that Apache Trail acts as a dam for storm water.The road is higher than the land north of it.There are storm water ponds along the north side of Apache Trail.This is not just a retention issue:i t is an established FEMA flood plain.They will have to go through the letter of map provision process,which is a year long process.Building envelopes and development sites are greatly restricted because of the flood plain.Both the Starbucks and Superstition Harley additions currently proposed are starting to find that in order to locate the building where they want to, they physically cannot because they cannot fill enough in order to get up above the FEMA flood plain elevation.They are seeing there are some distinct problems with it.The finished floor plans must be a minimum of 12 inches above the flood plain elevation,which can only be obtained by filling within the FEMA area.In order to do so,they must dig out in another area. New material cannot be imported as it would raise the flood plain elevation. They have to dig out one area and pile i t up on another.They are running into problems because they cannot generate enough materials on site in order to fill and get.the one foot above the elevation that they need to have.The FEMA flood plain elevation runs all the way across to Bashas'.He showed the current developments,drainage structures and water flow path.He commented the WalMart retention is separate from the regional retention area;the regional system runs around it to the outside of it.He showed them an aerial on the proposed system.There are currently three crossings:the eastern box and two 48"pipes coming down:the 24"pipes that cross west of the Jack -in -the -Box:and the western crossing that comes down in a private pipe that dumps into a channel that dumps into the Lamplighter.The water is REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 36 OF 43 retained by a 4'high berm that runs from the east side of the Lamplighter and across.They are proposing to construct an underground system that will pick up where the two 48"pipes are and come down,across,and down into 4th Avenue and into a regional detention pond the city is proposing to construct. A detention pond differs from a retention pond in that the detention system has an outlet to it that can, control how fast and how much water can come into the systems downstream.They are also proposing to underground everything from Apache Trail down to the south in order to bring i t into the detention pond.They are looking at a series of box culvert crossings,no pipes,that would drain the water along the north side of Apache Trail.I t would cover all the area that is encumbered by the FEMA flood plain.There would be one outlet pipe with an alternate:the first one would come down Cedar and the second one would come down Smythe. Councilmember Sippel asked if they are underground. City Engineer Ron Grittman stated all of it would be underground.It would tie into the Broadway system.They have constructed the Broadway system.actually a box culvert,up to just past Cedar.This system was designed for all of this water coming into it.We have a large downstream system that we can build there.We can put in a fairly large outlet pipe on the detention system and it will minimize the size of the detention system,thereby releasing the far western area for commercial property. Mayor Coleman asked if that area is vacant right now. City Engineer Ron Grittman stated i t is. Vice Mayor Eck asked if the detention area is on state land that would have to be purchased. City Engineer Ron Grittman stated a piece of i t is.There are about four property owners up in there.The detention system could also double as a local park.There should be no more than 2'to 3'of standing water in there during a 100 year storm event. Staff has reviewed the project from an engineering standpoint and i t appears feasible.They will construct oversized box culverts under the Trail which REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 37 OF 43 would in essence drain the FEMA system.They will construct an underground storm drain system connecting the Trail to the regional detention system, construct the underground outlet system,the Broadway system is already designed to handle it,with the whole point behind the design concept report being that i t does the actual engineering calculations and does 30% of the plans,wherein they can prove that it will work and they will have the information on the sizes they need to go to.They can hone the numbers of the construction costs.His initial costs were on the high side. Councilmember Sippel asked what those numbers were. City Engineer Ron Grittman stated he estimated just under three million dollars. Councilmember Sippel asked if local businesses will partner with this. Mr.Cliff Axt stated they are not getting any activity now because of it.He is looking at i t from the standpoint of his owner wanting to sell it.If they want to sell it,the least they can do is remedy the area,with each paying dependent on the amount of acres they own.To him,i t is the only way to solve the problem. City Engineer Ron Grittman commented the largest benefactor is the dog track.In the development agreement for WalMart.this is their site for their local retention that is required.The regional detention system can accommodate all of that as well as the retention requirements.In the development agreement with WalMart, that piece of property actually reverts back to the city once the system is constructed.The city will have a valuable piece of property that is of benefit to whoever builds on the dog track site.They could look at selling i t in order to generate some funds to off set some of the costs. Councilmember Sippel commented they could turn the parking lot area into commercial. City Engineer Ron Grittman stated that is correct.He showed them the area that is currently inundated during a large storm event.In the five years he has been with the city,he has seen i t fill up a half dozen times. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 38 OF 43 Councilmember Waldron asked i f there would be drainage work required on the property north of Jack -in -the- Box to get the water over to the culverts. City Engineer Ron Grittman stated a lot of that will be a function of what the individual developer is proposing. The city is proposing to provide outlets large enough to drain the FEMA system.How they get the water from the north side of their property down to that will be a function of the actual layout of their project.It might be advantageous to put it underground:they might design around it by providing an open channel with more of a direct conduit into what the city builds within the Trail.It will be dependent on where they want their building located and their access roads. City Manager George Hoffman asked if there is money in the budget to pay for the report. Vice Mayor Eck asked if the $68,000 would be solely a city project. City Engineer Ron Grittman stated the $68,000 is the estimate from Can -Am.He suggested they go with Can -Am because they are doing the demolition plans for the entire site.They are the best engineering company to do this project. City Manager George Hoffman asked what would not get done if they do the report. Economic Development Specialist Ken Simpkins commented he thinks this is a great opportunity to put a public/private partnership together.He talked to Maxine in Central Arizona Association of Governments and she was going to see if there are some funds that could be put into this.He thinks they need to put a headlock on some of the property owners to see if they would contribute to assisting with the concept design report.Delaware North has already made a commitment to contribute some towards the report.It will not get us all the way,but i t will get us part of the way.He thinks it would be good to start to build the partnership over there.There are things they do not know that they will find out once they get the design report.They need to start along the path. I t is an ambitious project for the city.but they do not know where they will be going until they have the concept design report. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 39 OF 43 Vice Mayor Eck asked how long i t would take them to complete the report once i t is approved. City Engineer Ron Grittman stated the concept design report would probably be completed in 3 to 6 months.A lot of hydrology calculations will have to go into i t to determine how the water will be drained out.This will eventually have to be run through Washington,D.C.with FEMA.All the engineering calculations need to be in place.proving that what you are going to do will minimize or remove the FEMA flood plain. Vice Mayor Eck commented the sooner they can get mutual agreements together,the better,so they can get this thing going. Public Works Director Doug Dobson stated they have about $30,000 to $35,000 they could add from engineering. They would not be losing anything by doing this as they already have a number of projects designed and awaiting approval.They do need to come up with the other $30.000 somewhere. Vice Mayor Eck commented they still have the Ray Blevins problem. City Manager George Hoffman commented this was on the agenda to see i f it was a project of interest to advance. The consensus of the council was i t is. City Manager George Hoffman stated he would see what they can put together with the private sector. Mayor Coleman commented it appears they can pay for half. Vice Mayor Eck commented it would be great if they could pay for half. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 40 OF 43 City Manager George Hoffman commented he expects they would have to pay for at least half for the design concept report. Economic Development Specialist Ken Simpkins asked if they have a firm figure on the cost from Can -Am. City Engineer Ron Grittman stated he has a complete scope of work from them.The cost is just under $69,000. Mayor Coleman closed the discussion with no further comments. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. 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.JANUARY 31,2005,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 1,2005, IN THE CITY CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 41 OF 43 Mayor Coleman stated he heard they had over 1,000 participants in all the races for the Lost Dutchman Marathon this year,increasing from last year. They were featured in Runners'World in December,listed as number one in "Twelve Gems".They are concerned as the Rock'N Roll Marathon is considering switching to the same weekend in the future. Mayor Coleman announced that Thursday is the legislative day for the League of Cities and Towns at the legislature.It is already becoming interesting. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:12 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 4,2005. 3.Authorization to expend Joint Collection Enhancement Fund (JCEF)and Fill the Gap (FIG)Funds and award of bids to Genesis Resource Inc.for security equipment to include recording equipment,closed circuit TV,an X-ray security system,and a walk-through metal detector in a total amount not to exceed $73,200.(JCEF and FTG funds are monies collected by the court for enhancement of operations.) 4.Consideration of the Third Amendment to the Professional Services Agreement with Williams and Associates to extend provision of lobbying services to the City for a period of 36 months at an amount not to exceed $2,916.67 per month. ACCEPTED THIS id i DAY OF FFRRUARY 2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF FEBRUARY ,2005. DOUGLAS CULEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 42 OF 43 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 18th day of January,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of January,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 18,2005 PAGE 43 OF 43