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HomeMy WebLinkAbout2004-05-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 18,2004 The regular meeting of the City Council of the City of Apache:Junction, Arizona,was held on May 18,2004,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 Vice Mayor Eck 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 Sippel Councilmember Waldron Staff Present: (Councilmember Milkey was absent.) City Manager George Hoffman , Assistant City -Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Steve Campbell City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson , Development Services Director Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 1 OF 21 Assistant to the City Manager Amy Malloy Others Present:Business Advocate Roy Hunt Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2003-14,TRAFFIC SIGNAL INSTALLATION AT IRONWOOD DRIVE AND 16TH AVENUE AND AT BROADWAY AVENUE AND DELAWARE DRIVE BE AWARDED TO KIMBRELL ELECTRIC,INC.IN THE AMOUNT OF $229.230 PLUS 10%IN THE AMOUNT OF $22,923.00 FOR UNFORESEEN CHANGES FOR A TOTAL AMOUNT NOT TO EXCEED $252.153.00:AND THAT THE CITY OF APACHE JUNCTION RATIFY AND ADOPT THE SETTLEMENT AGREEMENT NEGOTIATED BY SOUTHWEST RISK SERVICES AND POOL -HIRED COUNSEL DAN •MALINSKI, NEGOTIATED WITH THE PAYMENT OF NO MORE THAN $49,000 TO BE PAID BY SOUTHWEST RISK SERVICES TO JEFFREY SIEPKER IN EXCHANGE FOR DISMISSAL OF ALL CLAIMS AND LAWSUITS,INCLUDING BUT NOT LIMITED TO PINAL COUNTY SUPERIOR COURT CASE NO. CV2003-00786:AND THAT THE CHANGE ORDER FOR PROFESSIONAL SERVICES AGREEMENT AWARDED BY CITY COUNCIL ON NOVEMBER -21,2002,TO KIRKHAM MICHAEL ENGINEERING FOR THE DESIGN OF PHELPS DRIVE BETWEEN THE CROSSINGS AND APACHE TRAIL,CHANGE ORDER TO INCLUDE ON -SITE TRAFFIC ENGINEERING FOR $33,041.22 AND COSTS FOR PRODUCTION OF CONCEPTUAL'DRAFT PLANS AND MEETING ATTENDANCE FOR $7,697.00,FOR AN AMOUNT TOTALING $40,738.22 PLUS 10% OR $4,073.82 FOR CONTINGENCY FOR UNFORESEEN CHANGES FOR A TOTAL AMOUNT NOT TO EXCEED $44,812.04,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,- PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 2 OF 21 CALL TO THE PUBLIC Mr.Rene Lesieutre,3400 S.Ironwood Drive #401K,Apache Junction,addressed the council regarding the Phelps Drive project.He has kept a diary of dates on this project beginning November 2,2002.Staff has worked hard on this project.He is there representing Dan Donahoe of Daybreak Investments.His property has been under consideration for a Government Social Security Administration building,but he declined and decided to keep his property available for the desire of Wells Fargo Bank.They had a verbal agreement in December 2003,with a letter of intent sent in February 2004,with counters being steadily made to move the project forward.Wells Fargo wants to buy 1 acre of the 6 acres for a parking lot.Apache Junction is a third party to the agreement.Numerous drafts have been done between January and May of 2004.He commented on the various easements and surveys that delayed the drafts.This has caused a 2 month delay.The business community has voiced concern on the impact of their businesses in the month of September,which is their worst month of the year.The winter visitors have not come back by that time.September would be a good time to do paving and improvements to the property.Wells Fargo is proceeding with the purchase of the property and is asking that they not have to wait until 2005 to complete their project.They would like to have it completed no later than November so that the customers will not have to park in the dirt and mud.He commended the city for their wonderful job on Broadway and Superstition.The businesses are happy i t is done,even though they had some problems while it was being done.Only one went out of business,but the new owner states that business was going under anyway.He requested they approve the project and move i t forward.He recommended phase one be Wells Fargo Bank on the west side of Phelps Drive from its south corner to the new south road going into the parking lot.This would enable the bank to complete its parking lot in the next 3 to 4 months.He urged them to do phase two in June,July and August of 2005.That would include the north part of the bank area.He urged them not to do any work from January through April as that is the best time for the restaurant businesses;i t picks back up again in December.He believes this will be a wonderful project when i t is done.He thanked Ron Grittman and George Hoffman for their assistance in this project. Mr.Gary Nine,10263 E.Cloudview,Gold Canyon,addressed the council regarding the Phelps Drive project.He wished they had been under construction when the city had wanted to be under construction..In his experience with the school district,no construction projects have been finished on time.He commented if everything goes perfectly the phase will REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 3 OF 21 be finished by October 15.I t seldom goes perfectly.If the project goes past October 15 it will not be good for the restaurants.He has talked to representatives of Feed Bag and Famous Sam's and they do not want this to happen if it runs past October 15.They would rather it was done in June, July and August.He has a friend who runs Applebee's at Alma School and Baseline and when the area was under construction they lost 40%of their gross in that time.It will be a significant issue if this goes past October 15.He urged them,if they cannot do i t as soon as possible,that they delay the project until next April. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding items on the consent agenda,the cost of the city hall/city magistrate complex,the cost of the Republic lawsuit,public records requests,and the mayor sitting on a commission on State Trust Land. Mayor Coleman commented that the Republic lawsuit was paid for by Southwest Risk as their attorney had mistakenly withheld the information on the All Altug case.He then advised Mr.Fisher to submit a public records request for the information he would like to have after he has paid off his current debt on prior public records requests.He added that he is not on a commission on State Trust Land,he is representing the city at the East Valley Partnership that is hosting a forum.He is participating as a member of a board to answer questions about our interest in expanding to the south and providing service to the State Trust Land to the south.He commented that if Mr.Fisher has a problem with the consent agenda,he should call and ask one of the council to remove the item from the consent agenda. Vice Mayor Eck commented he is concerned about the Phelps Drive issue.He hopes everyone concerned realizes how anxiously the city has been awaiting this item.It was one of the goals from the 2002 City Hall,but from the discussion last night i t appears they cannot guarantee that it would be completed in time for the season if it was started in late August.He does not want to affect the businesses.He does not like seeing i t delayed,but it may be in their best interest to do so if they cannot guarantee it will not affect the businesses.He commented on the statement of Mr.Fisher stating it would be. awful if the mayor did something to benefit the city or the schools. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 4 OF 21 City Manager George Hoffman stated they have been working hard on focusing on customer service in this organization.He read three letters addressed to library staff members Liz Burks,Spencer Paden and Cans O'Malley complimenting them on their customer service. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 12 LIQUOR LICENSE FOR ESCONDIDO NUEVO RESTAURANT ) )City Clerk Kathleen Connelly briefed the council on the item.She stated the restaurant is undergoing new ownership:they are located just down the street on Superstition.There have been no objections from the police department,planning or the fire district. The applicant has been invited to attend to answer any questions from the council. Mayor Coleman requested the applicant address the council. Mr.Dwayne Varela,450 S.Acacia #2073,Mesa,addressed the council.He is the new owner and he hopes to do well with the business.He requested his liquor license be approved. already operating the restaurant. from the military to owing a restaurant. correct. attended the liquor law training course. Vice Mayor Eck asked if he was Mr.Dwayne Varela stated he is. Vice Mayor Eck commented he went Mr.Dwayne Varela stated that is Councilmember Dietz asked if he had Mr.Dwayne Varela stated he will be doing that.He just finished college and he is working on getting that done. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 5 OF 21 Councilmember Dietz stated he must complete that before they will issue the license. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented he has been coming to the council meetings for approximately 10 years and he has only seen one of these :liquor licenses denied.It makes him wonder_ Mrs.Anne -Marie Surra commented she has been coming to council meetings approximately 24 years and only -one license has been denied.It was denied because i t should not have been given.The council does a recommendation to the liquor commission.When i t is a:legitimate business-and,the safety ,and health concerns for 'patrons are adhered to,there is no reason for the -council to 'deny the license.There has beemno comment on health and.safety on this =license.She,does:not believe it can be denied. Mr.Dan Wald,560 N.Rennick Drive, Apache Junction,addressed the council.He commented he sees alot of positive things take place at council meetings.One ofthe things he is pleased to see tonight, is a returning veteran who is starting a business.He has yet to see a combat veteran come back who has not succeeded or at least almost die trying.He recommended approval of the request. Mr.Joe Severs,1184 N.Starr, Apache Junction,addressed the council.He stated when he looks ,at the applicant:he sees youth,ambition;and someone who could change this city for the good.We need more -people like him here,people -who want to make :a difference,and want to own a business in the city.He hopes when he opens his own restaurant the council will approve his request,too. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being.no further discussion,he called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 12 LIQUOR LICENSE FOR ESCONDIDO NUEVO RESTAURANT,SUBMITTED BY DWAYNE JASON VARELA,BE REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 6 OF 21 RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE: MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REAPPOINTMENTS/NEW APPOINTMENTS TO HEALTH AND HUMAN SERVICES COMMISSION,INDUSTRIAL DEVELOPMENT AUTHORITY,MUNICIPAL PROPERTY CORPORATION,AND PUBLIC SAFETY PERSONNEL RETIREMENT .BOARD )- )City Clerk Kathleen Connelly briefed the council on the item.Two weeks ago council interviewed applicants for the Planning and Zoning Commission,Library Board,Parks. and Recreation Commission and Board of Adjustment at the work session,making the appointments the following evening:Last night council interviewed some of the new applicants,as some did not attend,for the Industrial Development Authority,Health and Human Services Commission,and Municipal Property Corporation.There are two positions on the Public Safety Retirement Board: one is a citizen position and ,one is actually a system member position. Staff has not yet received the nameof the person to fill that system member position.By statute,that member has got to be elected from members of the police department that are members of the Public -Safety Personnel Retirement System.That information will be given to them at a later:date for a separate appointment: Mayor Coleman opened the item to council discussion.There being no discussion,he called for any motions. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 7 OF 21 Councilmember Dietz MOVED THAT SUE CLABUESCH BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON JUNE 30,2007. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT CONRAD PISINSKI BE REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON MARCH 18,2008,AND THAT ADAM MENDOZA BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18,2008. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Sippel MOVED THAT ADAM MENDOZA BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,2007. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ANDREA HINKEL BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM TO EXPIRE ON AUGUST 8,2007. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 8 OF 21 The motion carried. City Clerk Kathleen Connelly stated there may be another resignation from the Health and Human Services Commission.She asked if they wanted some of these names brought back to the council if that does occur. The council consensus was to bring back these names if there needs to be another appointment. RESOLUTION NO.04-08,EXTINGUISHMENT CASE EX 2003-03,EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENT ROADWAY RIGHT-OF-WAY ON STAGECOACH ROAD BETWEEN WINDSONG STREET AND LOST DUTCHMAN BOULEVARD )City Engineer Ron Grittman briefed the council on the item.This lies between Cortez and Acacia,Lost Dutchman and Windsong.The road has no potential for landlocked properties, it will not be used in a present or future roadway corridor,and i t is not currently being used or has the potential to be used in the future by franchised utilities.Staff recommends approval of the resolution. Councilmember Waldron asked why the little portion to the north is not included. City Engineer Ron Grittman stated i t is already extinguished,but he does not know why it was already done. Vice Mayor Eck commented it was possibly in foresight for Lost Dutchman. City Engineer Ron Grittman stated he did not know. City Attorney Joel Stern commented that in extinguishing the roadway they do not get rid of the public utility easement,if there is one,and he believes there is.The city has no authority to extinguish the public utility easement. Mayor Coleman asked what that means so that the owners would also understand.He asked if Salt River Project or REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 9 OF 21 whoever provides power could still run lines through there if they already have a utility easement granted there,and the owners might be required to remove anything built there if need be for the utilities to be able to use that. City Attorney Joel Stern stated that is correct.In addition,the property owners could go and ask the utility provider to extinguish the public utility easement.They would file a separate document with the county recorder's office and then the public utility easement would also be gone,allowing them to build on that portion of the property. Mayor Coleman stated the city is only extinguishing the possibility of a road going through there. City Attorney Joel Stern stated that is correct. Vice Mayor Eck asked if there are any utilities there. City Engineer Ron Grittman stated there are,and they do have a public utility easement recorded over it.They cannot build a structure,or something with a foundation,such as a block wall.They can put up chain link fence or non -foundation structures. Vice Mayor Eck commented they can enjoy that much more open space. City Engineer Ron Grittman stated that is correct.Another advantage is that if they currently try to locate a building on it,the setbacks are measured from the current property corner. Once this is extinguished,it will be measured from the centerline of it, gaining 33'in which to locate a building. Councilmember Insalaco commented i t makes their property more usable. City Engineer Ron Grittman stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 10 OF 21 Mayor Coleman closed the discussion and,called for -a motion. Councilmember Insalaco MOVED THAT RESOLUTION NO.04-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON STAGECOACH ROAD BETWEEN WINDSONG.STREET AND LOST DUTCHMAN BOULEVARD DESCRIBED IN EXTINGUISHMENT CASE EX 2003-03 IS NO LONGER NECESSARY FOR PUBLIC USE AS. A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTNGUISHED AS'A- PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Vice Mayor Eck SECONDED THE MOTION1 VOTE -Unanimous._ The motion carried. ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION,DAYBREAK INVESTMENTS,INC.AND WELLS FARGO FOR THE PHELPS DRIVE IMPROVEMENTS )City Manager George Hoffman briefed the council on the item.-They have heard from two long-time business people from the community..I t sounded like they were offering diametrically opposed recommendations.However,he believes it may be possible to meet the needs of each of them.He heard Dr.Nine stating he needs to have access for his restaurant to prosper when it most needs to prosper.Mr.Lesieutre stated the bank has.a real need to proceed this summer,which,if the whole project was attempted,would conflict with the needs of the restaurants. Staff :brainstormed today and recommends doing the part of the project in . front of the parking area,from the south part of the driveway to the north part of the restaurant area.That could be achieved in .a summer time frame., This appears to give the manager some flexibility on implementation.If that kind -of flexibility meets with the council's approval,they will try and meet the. needs of both ofthetusiness interests heard this evening.There may be some,cost issues associated with doing it that way.If so,he would want to communicate with the parties receiving the benefit from that and make sure there was consideration provided.They can discuss that in the future.-I f acceleration meets their interest,perhaps they might be able to help_make i t possible. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 11 OF 21 City Engineer Ron Grittman stated this is the culmination:of many months of work on everyone's part.This project will resolve one -of the traffic problems that the•city has.There is. a driveway conflict between coming out of Fry's and going into the Wells Fargo south entrance.They will break the project into two phases.The deceleration lane across Daybreak Investments property could be done right now.They can put it out to bid in July:the construction will only be 3 to 4 weeks.They should be able to accomplish both quite readily.At .the same time,they will be resolving the traffic conflict,which is the driving force behind this whole project.I t has been turned into beautification,new lights,and everything. else.It will be accomplished even in these phases. City Manager George Hoffman stated he would like -to get the development agreement signed before they get Kirkham Michael working.Considering the time frames,if this is truly of time is of the essence interest,i t -should not present any problem at all. City Engineer ROn Grittman stated because they are breaking this small project into two .phases,they will be losing some economy of scales.Since they are doing just the deceleration lane,he estimates it will roughlyaddanother 15% to.20 in cost to -do that small portion. Mayor Coleman commented that may be something they need to work out with the private parties that are there. City Engineer Ron Grittman stated he has been working on this all day but he still does not have the actual numbers available. Vice Mayor Eck commented the city manager stated that if this is to be negotiated by the city manager,it would give him enough leeway to do whatever needs to be done. City Manager George Hoffman stated he wanted to make sure they had the context of the situation.He thinks they can manage a win -win for the situation. Mayor Coleman asked how sure he was of a win -win situation. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 12 OF 21 City Manager George Hoffman stated there is no reason that it would not work from a staff end and preliminary discussions seem to suggest the business interests are fine with it.He added Dr.Nine wished for it to be done in the summer so that i t could be open by October 15.That guideline is clear and concrete to them.They can manage schedules to meet that time frame. Vice Mayor Eck commented they are extremely anxious for this project,not just Main Street and the business people in the area.If they can work something out,it will be great. City Engineer Ron Grittman stated barring a huge delay with getting Kirkham Michael going,he does not see i t being a problem.He estimates it will be done by the first of October,no later than the middle of October with no problem at all. City Manager George Hoffman stated he believes they need to give a deadline by which the development agreement needs to be signed.If it is not signed,they do not proceed with Kirkham Michael and they do not do the work this summer. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE FINAL DRAFT OF THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION,DAYBREAK INVESTMENTS AND WELLS FARGO,AS NEGOTIATED BY THE CITY MANAGER AND APPROVED AS TO FORM BY THE CITY ATTORNEY,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 13 OF 21 COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS DOWNTOWN DEVELOPMENT INCENTIVES )Assistant to the City Manager Amy Malloy briefed the council on this item.She listened to the request to break this down into phases.She met with the planning staff and they were able to put together a phase one option,which she distributed to the council.They determined the city needs to bring back the development fee consultant to address reducing fees for infill development and that an infill redevelopment team needs to be created.This team would address issues which a business assistance package could do.These issues include blight, parking,expediting development processes,collective retention,energy efficient design,public art and open space.They see the team as being a core of planning,herself,Ken Simpkins,and possibly chaired by Rudy.They discuss certain issues each time,such as blight in the downtown area,and they would bring in the code compliance expert in the city to sit in on the meeting.They will use the most efficient use of staff time.They can put together infill options for each of these major issues.They would be happy to add any other issues that the council deems a concern.She commented they do have money in the budget set aside for the consultant to come back and revisit the issues if need be. Assistant City Manager Bryant Powell stated there is development fee money set aside for the consultant. Councilmember Dietz asked what the cost would be for the development fee consultant. Assistant City Manager Bryant Powell stated i t cost about $40.000 the last time they were here about two- and -a -half years ago. City Manager George Hoffman asked if they would be looking at the entire structure of development fees. Assistant City Manager Bryant Powell stated that is correct.They were about to do i t anyway as they are supposed to do i t every three years. City Manager George Hoffman stated the infill needs to be considered in the context of the whole. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 14 OF 21 Assistant City Manager Bryant Powell stated they would want them to do the whole development fee structure while they are here. Councilmember Dietz commented they do this every few years anyway. Assistant City Manager Bryant Powell stated it takes almost six months by statute to complete,as there are public hearings and the study. Vice Mayor Eck asked if any of the funds could be used for a study towards an infill property that is in the development district that has an account,or is the area too small of an area since i t has to be the entire city and save that for some of these options you might come out with.He commented they are doing it citywide;he thought when he heard infill that they had some money in the Crossroads account. Assistant City Manager Bryant Powell stated they do have funds in the redevelopment district account. Vice Mayor Eck commented on the phasing in that i t is easier to accomplish shorter goals and have some actual starts and finishes.He believes i t is more successful that way. Assistant to the City Manager Amy Malloy agreed.She thought it was an insightful comment and therefore left the meeting and met with the planning staff to try and make some diligent steps towards getting this up and going.She promised that they would meet and focus on what needs to be focused on.They will get some things going. Vice Mayor Eck asked if this would be coming back to the council. Assistant to the City Manager Amy Malloy stated they had envisioned creating an infill overlay map.They would have experts in each of these fields,such as Dennis Dixon looking at issues of blight in the downtown area,including buildings,facade improvements that need to happen,and they would then mark them on a map,research and come up with options to address the need,and come back to the council on that issue or look at all six issues at once.They could present the infill packages or REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 15 OF 21 incentives packages they are looking at to address each of these issues.I t will be the council preference. Vice Mayor Eck commented that public art may be beautiful- to some but not to others. •Public art is great, but it is not always what you thought it would be. City Manager George Hoffman stated anything that would be of :a policy nature would be brought -back to council.. They will be kept informed on all of it.Anything they want to:have come back,will comeback. Vice Mayor Eck asked if this is enough for them to do what they.need to do. Assistant to the City Manager Amy Malloy stated it would be enough. Mayor Coleman closed the discussion and called fora motion. CounciTmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING. DOWNTOWN DEVELOPMENT INCENTIVES:THAT THE STAFF WORK: WITH MAIN STREET ON RESEARCHING THE INCENTIVES IN THE BUSINESS ASSISTANCE OPTION AND PREPARE THE POSSIBLE PHASE • ONE OPTION. CounciTmember Dietz SECONDED. THE MOTION. VOTE:Unanimous. The motion carried. OPEN SPACE PRESERVATION )Grants Specialist Roger Hacker briefed the council on the item.He stated:they-are looking for direction regarding inviting the Trust for Public Land into the community to do some polling regarding the public's willingness to pay for open space preservation,to set up a meeting with State Land Department Director Winklemarnat the direction of the city manager for appropriate timeliness of REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 16 OF 21 a meeting to begin discussions with him regarding the community's vision for open space,and regarding the preparation of an -Arizona Preserve Initiative application,Staff has been advised by Andy Lorency,part of the coalition that drafted the proposed changes and was instrumental in writing the initial program,and Steve Olsen,representing the municipalities from the League,to go ahead with the application.As late as this morning,Rudy ran last night's scenario past Mr.Olsen who advised .staff to submit the application because there is no guarantee what the outcome of the lawsuits will be,or the outcome of an election will be i f it gets on the ballot.The city needs' to state its intentions for those lands. Councilmember Waldron agreed that they need to proceed with the application.He asked if there are some fees involved that the city will be charged either through the election or polling process. Grants Specialist Roger Hacker stated they offer five services.The city has used the first services which is pro bono.The second service,the polling,there is a charge for.I t depend& on theAlumber of households polled and whether or not theypoll households in unincorporated ,Pinal County.I t is anywhere:from!$10A0 tb $15,000:;if unincorporated Pinal County is included.,the county would 'be asked to defray a portion -of that..Funds have been included in next y ears budget to cover polling. Assistant .City Manager -Bryant Powell stated that is correct Grants -Specialist Roger Hacker stated the other three services after that,if they continue to work With Trust for Public Land are pro bono. Councilmember SlOpel commented this is the only'portion'that will cost the city. Grants Specialist Roger Hacker stated thatils correct. Councilmember Sippel added until they:have:to buy the land. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2.004 PAGE 17 OF 21 Grants Specialist Roger Hacker stated that is correct. Mayor Coleman commented he believes they have to poll the ones in the foothills as they probably stand to benefit more than the residents in the city by this preservation of land.They need to see what kind of support they would get from them. Vice Mayor Eck agreed.I t should be pretty favorable.He asked if one would rather see a native desert or a ceramic tile roof. City Manager George Hoffman commented he is also seeking direction on whether the Open Space Report should be brought back for formal acceptance by the city council.That would give it some formality when they go out and talk to other people and entities.The speakers last night gave him a sense of how critical this state land reform is to the state,but perhaps more than any other city in the state,how critical i t is to Apache Junction.He is seeking direction to actively work to encourage the state legislature to convene a special legislative session to discuss this matter this summer. Mayor Coleman stated so that i t could be on the ballot in November two years away. Councilmember Waldron commented they need to get the word out to the citizens of Apache Junction on how critical this is and how they can contact their legislators and where the information is on the State Land website.I t is very important for the city's future to get this on the ballot.He would like to encourage as much public information as we can through the website and the newspapers.He thinks i t is that important. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING OPEN SPACE PRESERVATION THAT STAFF TAKE THE NECESSARY ACTIONS TO INVITE THE TRUST FOR PUBLIC LAND INTO APACHE JUNCTION. TO -CONDUCT POLLING TO DETERMINE PUBLIC OPINION REGARDING THE COMMUNITY'S WILLINGNESS TO PAY FOR THE ACQUISITION AND-PRESERVATION OF REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 18 OF 21 OPEN SPACE;AND THAT STAFF COMPLETE AND SUBMIT AN ARIZONA PRESERVE INITIATIVE APPLICATION FOR THE RECLASSIFICATION AS OPEN SPACE OF UP TO 2,700 ACRES OF STATE TRUST LAND.THESE LANDS ARE ON THE NORTHERN AND EASTERN BOUNDARIES OF THE CITY;AND THAT STAFF,AT THE DIRECTION OF THE CITY MANAGER,INITIATE DISCUSSIONS WITH THE STATE LAND COMMISSIONER AND HIS STAFF REGARDING THE PROTECTION OF STATE LAND IDENTIFIED IN THE APACHE JUNCTION OPEN SPACE PLANNING TASK FORCE REPORT;AND THAT STAFF TAKE THE NECESSARY ACTIONS TO PLACE ON A FUTURE COUNCIL AGENDA THE FORMAL ACCEPTANCE BY THE CITY COUNCIL OF THE RECOMMENDATIONS OF THE APACHE JUNCTION OPEN SPACE PLANNING TASK FORCE. THESE RECOMMENDATIONS ARE CONTAINED IN THE DOCUMENT ENTITLED "REPORT TO THE CITY OF APACHE JUNCTION PARKS AND RECREATION COMMISSION";AND THAT STAFF TAKE THE NECESSARY ACTIONS TO ENCOURAGE THE RESIDENTS OF APACHE JUNCTION TO CONTACT THEIR STATE LEGISLATORS AND GOVERNOR NAPOLITANO REGARDING THE CONVENING OF A SPECIAL LEGISLATIVE SESSION TO DISCUSS THE PROPOSED STATE LAND REFORM INITIATIVE. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented he would also like to get Mike Williams working on it. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz commented there will be no work session on Monday,May 31,2004,in observance of the Memorial Day holiday.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JUNE 1,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 19 OF 21 INFORMATION AND REPORTS City Manager George Hoffman stated the East Valley Partnership forum is next Wednesday night,May 26.Mayor Coleman will be a panelist.He encouraged attendance at the event.I t is at the Arizona Golf Resort at Power and Broadway starting at 4:30 p.m.or 5:00 p.m. Mayor Coleman thanked the city for its support in the loss of his mother.He appreciated all the words of kindness from the council. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:10 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of May 4,2004. 3.Consideration of Award of Bid for Project PW 2003-14,Traffic Signal Installation -at Ironwood Drive-&16th Avenue and at Broadway Avenue & Delaware Drive to Kimbrell Electric:Inc.in the amount of $229,230,plus 10%,or $22,923.00,for unforeseen changes for a total not to exceed $252,15100. 4.Consideration of settlement of Siepker v.City of Apache Junction,Pinal County Superior Court No.CV2003-00786. 5.Consideration of Change Order to Professional Services Agreement awarded by City Council on 11/21/02 to Kirkham Michael Engineering for the design of Phelps Drive between the Crossings and Apache Trail.(Change Order includes on -site traffic engineering for $33.041.22 and costs for production of conceptual draft plans and meeting attendance,at $7,697, totaling $40,738.22 plus 10%,or $4,073.82,for contingency for a total Change Order of $44,812.04.) ACCEPTED THIS lsr DAY OF JUNE ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 20 OF 21 DAY OF JUNE ,2004. ATTEST: KATHLEEN CONNELLY City Clerk' DOUGLAS CGtEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoingilinutes 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 May,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of May,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 18,2004 PAGE 21 OF 21