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HomeMy WebLinkAbout2004-06-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 15.,2004 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 15,2004,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 Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Steve Campbell Parks & Recreation Director Jeff Bell Library Director Pam Loui Finance Director Keith Lewis Public Works Director Doug Dobson Development Services Director Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 1 OF 32 Assistant to the City Manager Amy Malloy Others Present:Finance Manager John White Presiding Judge David Alexander ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR DISPLAY AND CLASSIFIED ADVERTISING FOR FY 2004-05 BE AWARDED TO THE APACHE JUNCTION NEWS IN AN AMOUNT NOT TO EXCEED $16,000; AND THAT THE AWARD OF BID FOR CITIZEN/CITYSCAPE PUBLICATION FOR FY 2004-05 BE AWARDED TO ARIZONA INTERACTIVE MEDIA GROUP IN AN AMOUNT NOT TO EXCEED $30,000,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT: AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND G&C AVIATION CONSULTING, INC.FOR AVIATION CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $12,000:AND THAT THE AWARD OF BID FOR PROJECT PW 2004-09,CONSTRUCTION OF ON -SITE (PRIVATE)AND OFF -SITE (PUBLIC)IMPROVEMENTS FOR THE APACHE JUNCTION HIGH SCHOOL ADJACENT WAYS IMPROVEMENTS BE AWARDED TO HAYDON BUILDING CORPORATION FOR THE LOWEST MOST RESPONSIBLE BID,INCLUDING SECTION 1 BASE PLUS SECTION 2 PLUS SECTION 1 ALTERNATE NO.1 IN THE AMOUNT OF $765.972 PLUS 10° CONTINGENCY,OR $76,597.20,IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $842,569.20;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT. Councilmember Dietz SECONDED THE MOTION.. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JUNE 16,2004 PAGE 2 OF 32 CALL TO THE PUBLIC Mr.Bill Virtue,1943 S.Apache Drive,: Apache Junction,addressed the council regarding the meet and confer options.He statedAhe Apache Junction Police Officers Association has been meeting on an informal basis with the current city manager and the current interim chief of -police.They are hoping those meetings will be sanctioned by'the: council:under the formal process of meet and confer.This request for recognition is not now,and never has been. about money.I t is about justice and:the -rights of employees to work without the fear of harassment; intimidation and retaliation.The police organization has brought issues in the past to the informal discussion table to have them placed on the back burner.. ,Others shirk their.duties:patrol officers and civilians continue to provide the very best service possible to the city.Their members are dedicated to their profession.are loyal to the city and will not strike nor promote work slowdowns.They will not participate in any activity that will discredit their department or themselves.They recognize that with the new .administration these types of incidents may not happen again,but they owe it to the current employees, future emplbyees and city residents to insure these events will never be allowed to go unspoken or unrecognized again.They desire to promote the free -flow of interaction between the police officers and those who lead the city into the future.Meet and confer will effectively guarantee the reporting of: requests for direction,investigation,or actions on issues brought to the discussion table by:representatives of the association.He commented they had given the council a:packet of the information they had put together on the issue,including a -proposed ordinance:On page one, paragraph four,i t states that strikes,work stoppages,slowdowns and other concentrated efforts designed to disrupt city services are contrary to the public good and arestrictly prohibited:participation may be grounds for termination..On page three i t states that meet and confer does not take away any powers of the council.If the two:sides cannot agree,a fact finder is included for resolution.If no resolution is reached,the council has the final say.He requested they consider:the information tonight or at a future date.If they have_any questions,they could contact him.or Clyde Allison. Ms.Carol Urich,201 E.Southern Avenue,Apache Junction,addressed the council regarding her concern for increasing the speed limits on some of the major streets in the city.In November 2003 -Main Street asked the council to lower the speed limit on Apache.Trail from 45 to 35 miles per hour.Council is considering raising the speed limits m other places from 35 to 40 miles per hour'rather than granting the merchants'request, the justification REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 3 OF 32 possibly being that people are driving faster than the speed limit.People will drive faster even if the speed limit is -increased.She requested they enforce the current speed limits,as she is only allowed to drive her golf' cart on roads 35 miles per hour or less.Her request is not self-serving,as she can find some back streets to drive on.She stated the people who would be hurt the most are the businesses on streets being affected.They cannot afford,nor want,to move their businesses.The businesses will be hurt by cars zooming by them to shop elsewhere,which will in:turn hurt the city's sales tax revenue.Work withAhe businesses and do not create an additional hardship for them.Some -of these major streets go through residential areas and some areas do not have sufficient sidewalks.People using wheelchairs will be forced to ride in the streets,which is dangerous..She urged them to remember the livelihood of the businesses and that the safety of the residents is at stake. Mr.Chip Wilson,128'S,Starr Road,Apache Junction,addressed the council regarding the new city facilities and horse facilities.He thanked the council for including 'a horse facility with the new city complex.He commented i t is not for overnight use,but for daytime use for anyone who wishes to ride to the city complex or for any nighttime -activities here at the city complex.He appreciates it as not many small communities have taken this initiative.He believes the cost would be awash regarding the differences in the cost of the horse facilities and turning the area into a covered parking area. Vice Mayor Eck commented the traffic study that was done showed that the speed limits were too slow for the newly constructed streets.He believes they are overdue in increasing the speed limits.The whole philosophy about pro -business was to send that traffic to Broadway and Superstition soAhat they could commute from Fry's to Wal-Mart,allowing them to slow Apache Trail down.The chieftad:told -him that traffic control .does not make a difference because the speed limit is too slow.He believes -the speed limits need to be changed as soon as possible. CITY MANAGER'S REPORT City Manager George Hoffman announced that Officer Ron Paul was awarded the State of Arizona D.A.R.E.Officer of the Year last Wednesday.He extended- his congratulations for this recognition. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 4 OF 32 PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOR JULY 3-4,2004 )City Clerk Kathleen Connelly briefed the council on the item.I t is a routine request for a restaurant located in Bashas'Plaza.They are having a charity cook -off event on the July 3-4 weekend.There have been no objections from staff,and the applicant has been notified to attend the meeting to answer any questions. Mayor Coleman requested the applicant address the council. Mrs.Mary LeDoux,1040 E.Estevan, Apache Junction,addressed the council.She is the owner and was there to answer any questions. Vice Mayor Eck asked if she would be having additional security as well as the fencing. Mrs.Mary LeDoux stated they would as well. Vice Mayor Eck asked if this would be west or east. Mrs.Mary LeDoux stated i t is west. They will have one door that opens to the parking lot and one to the gated area. Councilmember Dietz asked what the benefit is for. Mrs.Mary LeDoux stated i t is for the Sunshine Acres,the children's home on Higley. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 5 OF 32 Councilmember Dietz MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF CAPTAIN'S FOR JULY 3-4,2004,FOR A CHARITY COOK -OFF WEEKEND,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND OONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1204.PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE P7-6-04,REQUEST BY JOHN PHILLIPS OF J&R PROPERTIES TO AMEND ORDINANCE NO.1198 FOR THE PURPOSE OF REQUESTING A WAIVER OF UNDERGROUNDING OF OVERHEAD UTILITY REQUIREMENT TO LEAVE ONE ABOVE GROUND ELECTRIC POWER POLE LOCATED IN THE NORTHWEST CORNER AREA OF SUBJECT PROPERTY )Associate Planner Steve Abraham . briefed the council on the item.He stated the applicants came into the planning and zoning meeting to only underground a portion of the undergrounding requirement.Recent changes to the code require all new commercial develop is underground adjacent utility lines.They were requesting to leave one pole remaining in the northwest corner.They modified their request at the meeting to ask for a total waiver of the undergrounding requirement,citing financial hardship due to the extensiveness of the work required by Salt River Project.Salt River Project estimated that 695'of aboveground electric lines would need to be undergrounded.The subject site has a total of 361'for their two street frontages,making 334'of the undergrounding occurring off -site and in some cases not even immediately adjacent to the subject site.The combined cost calculates to $151,000,well above the applicant's original estimate at the time this development plan was approved.The commission reviewed the item taking into account the applicant's new request.They voted to deny a motion of approval by a vote of 2-4,resulting in a recommendation of denial to the city council.The motion presented was to allow one power pole to remain in the northwest corner of the site.Two commissioners expressed approving the applicant's original request to leave one power pole,two commissioners REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 6 OF 32 expressed favor towards waiving the entire undergrounding entirely,and one commissioner expressed denying the request and wanted all utility poles to be undergrounded.The council has a variety of options:approve a total waiver of the undergrounding requirement and allow the developer to build the site according to the approved development plan without undergrounding any of the installation adjacent to the site;deny the request which would require the applicant to underground all overhead utility lines;approve a partial waiver according to the applicant's original request which would underground all utilities except the one pole in the northwest corner;approve a combination of the above options such as modifying the underground requirement to underground the power lines on Apache Trail frontage but not on Grand or vice versa;or to continue the case and explore additional options.The developers have offered to submit a bond for their portion of the undergrounding project in the future.The city does not have a mechanism to accept a bond for undergrounding deferment.Another option would be to use Salt River Project Visual Mitigation Funds to help lower the undergrounding costs.They could also arise at a compromise through a development agreement.They could also have the developer install conduit in lieu of doing the undergrounding. Councilmember Waldron asked how the conduit would work. Associate Planner Steve Abraham stated the developer would lay empty conduit in the ground and at some future date someone would put those lines into the conduit that is underground.The lines would remain above and there would be a pipe in the ground. Councilmember Waldron commented that seems weird. Vice Mayor Eck commented he does not like that consideration at all.He asked if all of these poles are on this property.He commented he had thought there was another pole further west that Salt River Project told them they would have to go to. Associate Planner Steve Abraham stated that is correct.Part of the larger estimate received by the applicant resulted from Salt River Project requiring poles to be replaced west of the subject site,which would be off -site. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 7 OF 32 Vice Mayor Eck asked if there was still one further west than is shown on the map. Associate Planner Steve Abraham stated that is correct. Mayor Coleman asked bow much would it cost if the city, were to use the Salt River Project Visual Mitigation Funds for the poles off -site.-He also asked how much the city gets from Salt River Project for that each year. Associate Planner Steve Abraham stated 334'of the undergrounding is Off -site:Salt River Project estimates $105 per linear fOot to underground -the lines.He asked i f .anyone had a calculator. Vice Mayor Eck commented it would be around_ $35,000 to $38,000. Associate Planner Steve Abraham stated that would be the baseline cost for the off -site work. Vice Mayor Eck commented he could agree to doing that because i t is off -site.He thinks i t is..fair to ask for what is on_the property.He thinks i t is unfortunate that the additional cost is there because they are being required to go over to the other pole. There was general discussion by the council as to whether they could do that and how much they have in the fund. Assistant City Manager Bryant Powell stated there is about $21,000 unencumbered in the mitigation fund. They receive about $70,000 per yearfor the fund.Salt River Project sets it , aside in their own account and i t is dependent on recent growth. City Manager George Hoffman asked if his -saying unencumbered means that they have a commitment to the Ironwood project and are currently -doing the Phelps Drive project. Assistant City Manager Bryant Powell .stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 8 OF 32 Councilmember Dietz -commented he thought those funds had been earmarked for those two projects. City Manager George Hoffman stated that is the direction the council had given staff and i t is what they are acting on.He believes they are todo Phelps Drive north next,but staff will follow whatever policy direction council gives. Councilmember Waldron asked if this includes the $700,000. for the school project. City Manager George Hoffman stated i t does.They will be getting $200,000 back from the school for that. Councilmember Waldron asked if the $21,000 is over and above that. Assistant City Manager Bryant Powell stated they have $21,00.0 that is available -in the mitigation funds. Mayor Coleman asked when the city receives the funds from Salt River Project. City Manager George Hoffman commented if council wishes to do this,they will make the finances work. They may have to borrow from one fund. and then repay it when the money comes in. There was general discussion as to whether the off -site location is undeveloped at this time.It was determined i t had been developed. Associate Planner Steve Abraham commented that Salt River Project has stated that special termination poles would be required to be installed at locations where the lines are brought down.These termination poles are about 2'in diameter and are often 40'in height.They are brushed .aluminum poles,and are sometimes rust -colored. Vice Mayor Eck asked if that is what the pole is that is off -site. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 9 OF 32 Associate Planner Steve Abraham stated they are currently old wooden ones,but where the lines would drop down in these locations,Salt River Project would install the termination poles. Councilmember Dietz asked i f i t is from the northwest corner to the next pole west that is causing this request for a waiver because of the expense of that section. Associate Planner Steve Abraham stated i t is another length after that.There is the one immediately west plus another pole that is well off the map. Councilmember Milkey stated that is the one in front of the used car lot. Associate Planner Steve Abraham stated that is correct.I t is in front of Putt -Putt. Councilmember Dietz commented i t is from the northwest corner,to the next pole,and to the next pole again. Associate Planner Steve Abraham stated that is correct. Councilmember Dietz asked i f i t is that 334'that is cost prohibitive for them. Associate Planner Steve Abraham stated that is correct. Vice Mayor Eck commented he called Salt River Project after the last meeting and told them about the issues they were having about this.They stated they were going to revisit their fees because they have had several calls with complaints.They called him back and stated the fees are correct and there will be no change. Councilmember Insalaco asked i f i t would not be necessary to go over to the next pole if the corner pole were left and the other three poles on the property were gone. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 10 OF 32 Associate Planner Steve Abraham stated that is correct. Councilmember Insalaco commented Salt River Project should be okay if the one corner pole was left. Councilmember Milkey commented they would have to change it to a termination pole. Councilmember Insalaco asked i f they would have to change it to a termination pole. Associate Planner Steve Abraham stated they would. Councilmember Milkey commented they would not have to go the extra. Councilmember Insalaco commented they would not have to go the extra distance across Grand. Associate Planner Steve Abraham stated that is correct. Councilmember Insalaco asked i f i t would be a lot cheaper than going all the way down there.They would have to use a termination pole regardless. Associate Planner Steve Abraham stated that it would. Councilmember Insalaco commented there will be a termination pole no matter which way they go.If the corner one is left,it will drop the price down considerably. Associate Planner Steve Abraham stated it would.However,there will be a termination pole on Grand and one in the corner. Mayor Coleman stated they would not be gaining a whole lot. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 11 OF 32 There was general discussion about the termination poles. Mayor Coleman requested the applicant address the council. Mr.Mark Osborn,a representative of Yum!Brands Restaurants,addressed the council.He gave them some handouts of a presentation he would do at this meeting.They are supportive of the overall goal of undergrounding the utilities,but i t may be a matter of timing and how they get to the end position.The project is cost- sensitive in terms of returns on investment.If they have very significant utility -bearing costs,i t could push the project into one of those uneconomical projects and they would look at other locations.They are willing to work with the council and staff to figure out how best to do this. The cost estimates they used at the planning and zoning commission and the one they received from Salt River Project are dramatically different.Their estimate was around the $50,000 to $70,000 range,which is more of an historic average that they see for a project like this similarly situated. They were surprised with the overall cost.He suggested they look at what they gain in the overall package by requiring the undergrounding:they will be getting the very large connector poles.They have estimates that the poles will be anywhere from 40'to 70'.The 70'is on the high side,but he believes that is what Salt River Project originally quoted them.The one section may be undergrounded,but the connecting poles around it will be more unsightly.They believe if these sections are piecemealed in small retail projects the incremental costs will be detrimental.The cost of the burial will be hard for any retail business to absorb.Their presentation shows the cost estimates of doing just their property and not going over Grand Avenue. and the cost estimates of it extending over onto the Putt -Putt property.The. $105 per foot cost does not include several things such as trenching and conduit;all of the relevant costs need to be included.In one option they would need connecting poles at the end and behind the facility as well as the two corners.Even if that issue is taken care of,they are still going off their premises,which is a cost issue that would be balanced with the larger poles that would be required by Salt River Project.The cost ranges from $166,000 to $136,000 to complete this project.A suggestion was made to just bury the conduit;burying the whole street would bring about reduced costs for each section.I t is a simpler process.I t is basically fast -tracked and will save time in the long run.This option makes sense to consider.The cost area is approximately $60,000.They are willing to participate and put REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 12 OF 32 in their fair share,whether i t is through a.bond or a.development agreement. They are willing to work with the city to find a way to do this.They are concerned that if this is undergrounded immediately,the city will not be getting the bang for its buck.I f i t is all undergrounded at once,it.may make the project uneconomical. Vice Mayor Eck asked about their burying the on -site poles and the city picking up :the cost of the additional pole and 300'plus. Mr.Mark Osborn stated it would depend on how they could get the cost down into a reasonable range.They are willing to talk about the options,if there is a cost sharing ability with mitigation funds,they are willing to discuss that. Vice Mayor Eck commented they just passed the ordinance but he does not think any of them were aware of the new revisions of the fees when it was passed.He thinks there will be more projects like this coming up since they passed the ordinance.They will need to be prepared to do some negotiating in order to get offsite undergrounding. Councilmember Milkey commented he believes their desire.to underground utility lines is a good one.I t is the direction they need to take for the community.He believes in order to get the bang for their buck that they need to prepare for the future for small properties like this by burying that conduit now.They could perhaps implement some kind of mechanism to where they can bond for the future or do some kind of planned development agreement where Yum!Brands does pay its share when the time comes to do a bigger section of Apache Trail.They are looking at as few as one and as many as three termination poles on this one corner and he does not believe that is what their desire is. Mr.Mark Osborn stated he agreed. He is concerned about the bigger picture wherein individual property owners will spend more for these end connecting poles.Ideally they will have a very short life span as the next properties come in down the line.If they do i t section by section by section down the street,the incremental cost to all of those property owners via the mechanism used will be fairly significant.They are willing to figure out a way:in the long run,they do not want the utility poles there either.They are unsightly.They are committed to finding a way,and i t appears they are the first ones out of the REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 13 OF 32 box to face the issue.I t needs to be thought through.I f i t can be made cost effective,they are willing to do that.He believes the conduit option is a good option:i t is a significant investment for them and i t is more in line with the overall costs that they anticipated for a project like this. He believes they can make i t fit within their budget.They are then set so that when the center next door or other businesses are ready to underground. they are then looking at a simpler process.It makes sense to them and they do not have to disrupt their operations to retrench that,whether i t is two years or more down the line. Councilmember Slope]asked if they would be burying the conduit along Apache Trail and Grand. Mr.Mark Osborn stated that is open for discussion.He believes they could work with that.He added his client is nodding his head so he believes they could work through that. Councilmember Sippel commented he is concerned because they got an original estimate from Salt River Project and that came back wrong,leaving them where they are today.He would hate for them to come back in a month and say the initial estimate on the conduit is wrong. Mr.Mark Osborn stated there are certain things they have a little more control over with their contractors. They have less .control over the requirements mandated by Salt River Project. Mayor Coleman asked if the conduit would really help the city,and if there was a way to create a mechanism to approach this problem so that each property owner puts in some as the property is developed. Development Services Director Rudy Esquivias stated it will save them a little bit of money until they get into the practice of undergrounding utilities.He is not sure just how much. Staff has discussed providing a mechanism:it would be similar to a . development fee.The safest way would be to set up some type of bonding mechanism through a development agreement. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 14 OF 32 Vice Mayor Eck asked if the property owner would be responsible for the cost at the time the undergrounding was done. Councilmember Dietz asked how the cost would be paid,the amount it would be,and who would be responsible for paying the cost if they did certain sections of conduit and had a long enough run or decided to go underground. Development Services Director Rudy Esquivias stated it would depend on how much linear footage they are undergrounding. Councilmember Dietz commented i f one does a section in one place,then another,and then they get a mile or so. Development Services Director Rudy Esquivias stated they would be looking at saving approximately 700 of conduit,and whatever the cost of that would be. Councilmember Dietz gave as an example that the conduit is already in the ground.Two years later they have a quarter mile stretch or a half mile stretch that they have decided to underground.He asked who would pay for i t at that point. Development Services Director Rudy Esquivias stated he was not sure.There could be participation from businesses such as through some type of improvement district or i t may be a city project. Councilmember Dietz asked if the city would be responsible for the cost of undergrounding it. Development Services Director Rudy Esquivias stated i t could be. Councilmember Milkey commented that is where the Salt River Project mitigation funds could be used. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 15 OF 32 Development Services Director Rudy Esquivias stated there could be a combination of funds. Vice Mayor Eck commented the Salt River Project costs will not be going down.If they wait five years,it will be that much more expensive. Councilmember Milkey stated they should not be putting that burden on the business owner. Vice Mayor Eck commented that i t then does not get done. Councilmember Milkey commented that doing it today does not get them where they want to be. Councilmember Waldron commented he is confused.The staff report states there is 695',yet there is 361'total feet on the frontage for the property. Mr.Mark Osborn stated he is checking that total. Councilmember Waldron added there is 334'off the site. An unknown representative of Yum! Brands stated there is almost 700'going down in front of the car lot.The actual frontage is the 300'that is their property.Once they go past the car lot and go south on Grand is where the 700'comes in. Councilmember Waldron commented he asked because in their first diagram they are showing a cost estimate for 540'on their property only.I t is significantly different.He asked i f their cost was calculated at 540'. Mr.Doug Brown,one of the architects on the project,stated the linear footage they are talking about also includes the drops from where the power lines are to all the way down the pole and underground.If there are three termination poles,no matter which direction they come at and they do the full burial of the t- REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 16 OF 32 configuration or only an "L",there are three drops.Each of those is in the 40'to 45'link.That is the extra 120'to 130'that they are missing.I t is the vertical drop that Salt River Project is using for part of their numbers.Their calculations are based on the length of the conductors. Councilmember Waldron asked if the vertical drops were calculated in the 694'. Mr.Doug Brown stated they are. But if you use the diagrams provided from the north pole on the northwest corner,they are about 160'to the pole to the west which is in front of the auto dealership.They have to all be added up,plus about 140'for vertical drops from where the power is to down below grade.That is where they come up with about 700'of conductor. Councilmember Waldron stated the numbers are not working out.He asked if the 361 total feet were without the drops. Development Services Director Rudy Esquivias stated he was just talking linear feet. Councilmember Waldron commented the one total shows 695',the other 694'.He asked i f i t includes vertical drops. Mr.Doug Brown stated the 695'does include the drops.When you look at their diagram,they are only measuring horizontally.The "L"shape diagram has the 160',then the 144'.145'.and then going down Grand is 250'.When those are added up,with an additional 140',they end up at approximately 700'. Vice Mayor Eck commented he hoped they are appreciating the council's challenge with this as this is the first development since the new ordinance took effect.He would like to recommend that they get with Salt River Project to come up with a plan so that they are better prepared when these come in front of the council.They are trying to follow the ordinance but they are not getting what they had hoped to get. The unknown representative from Yum!Brands stated they would be glad to bury the conduits as they are under REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 17 OF 32 construction out there.If they are not going to be pulling the conductors right -away,with the way codes change and the way Salt ,River Project changes their:designs,he suggested it would not be the best thing to do at the time. They_might-end up with conduits under there that could be deemed useless by the time they are ready-to do their overall scheme-.They would be glad to do a development- agreement and pay the citya lump sum so that:it is there when they are ready to bury a quarter mile or half mile stretch. Vide Mayor Eck commented he thought that -was a fantastic.idea. The representative of Yum!Brands stated they would love to do that:they are not trying to get out of doing this.They agreed up front they would do this,but doing i t 300'at a time with ,the huge poles is cost prohibitive. Mayor Coleman stated i t also does not meet the council's goal.He looks at the pole and sees that i t is worse than what is already there. Vice Mayor.Eck commented they had not expected,these poles to be coming in.He had thought they would be undergrounding the entire specific area. Mr.Doug Brown commented they would be glad to sit down with staff to determine how they are going to assess i t or how they are going to handle taking the funds and work out what is a reasonable cost for their frontage.They will write the city a check when they pick up their permit. Public Works Director Doug Dobson commented they had said that it would cost $60,000 to put in the conduit.. When you put in the 'conduit,you also put in the connectors.That way when you go to underground everything,all you have to do is connect the line and remove the poles.If you wait 5 or 6 years,the cost may go up from $60.000 to $70,000 in.that time. Vice Mayor Eck commented he liked their idea of a development agreement.The city needs to get with Salt River Project and let them know what the city's intentions areand maybe get some direction :from them., REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 18 OF 32 Mayor Coleman asked if that could be done. City Attorney Joel Stern stated -the development agreement would probably be the best way to handle this.He suggested they continue this matter in order to have time to meet with them. Vice Mayor Eck asked how they could get them going without doing a final adoption on this.He asked if they could -add anything on,such as the appropriate development amount for underground utilities,or just continue it. City Attorney Joel Stern stated he is hearing that they should perhaps meet with Salt River Project as there is some question as to the actual costs as they keep changing.Staff should probably meet with Salt River Project and the developer and nail i t down. City Manager George Hoffman stated an alternative approach would be to negotiatewith the developer,come to a mutually satisfactory dollar amount,enter into an agreement.receive the dollar amount,and work on the long term plan with Salt River Project.It is not just going -to be Salt River Project,i t is probably going to be the larger business community in that area.There should be -a method or mechanism where _the .city -aggregates so,we get the economy of scale that they have talked about.They could then do a larger section,meaning they will need a financing mechanism and a repayment mechanism whether i t be an improvement district or some other.That analysis will take more time than i t is -.appropriate to hold these people up for.He suggested they meet with them,negotiate a reasonable amount today,with.the understanding that i t probably will not cover the full costs when i t is completely undergrounded. There will always be an escalation factor.They are -finding out this project is more costly and complex than originally planned. Councilmember Dietz commented this is something they can meet with them to work out and bring back at the next meeting. City Manager George Hoffman agreed. He asked the applicant what they need to advance the project with the understanding that they still have to do the negotiation. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 19 OF 32 Mr.Doug Brown stated they budgeted $60,000 for this project for the burial of the lines based on what they do across the southwest.They would be glad to write them a check for that amount and start building their building. City Manager George Hoffman asked what they would need tonight. Mr.Doug Brown commented they would like to come away with a permit. City Manager George Hoffman commented he believed they could issue an at risk permit and if things are not worked out everyone can say they are sorry. Mr.Doug Brown commented an at risk permit would be really risky for them. City Attorney Joel Stern stated they could also make i t a condition of this matter that is before the council.They would then avoid a development agreement. Vice Mayor Eck asked if he meant i t would be a condition of this ordinance. City Attorney Joel Stern stated i t would be a condition of a receipt of funds,but they need to determine how much they want.That is the problem.He believes i t should be continued to discuss the issue with the developer and Salt River Project. give them enough time to work this out. Mayor Coleman asked if July 5 would Mr.Doug Brown stated that is fine. City Manager George Hoffman asked if the offer includes Grand.He believes this is becoming a very expensive proposition and that in all likelihood it will require some focus.The focus will end up being on the Trail:that the council seeks to underground the Trail.If that is the case,they would seek to negotiate a realistic amount for frontage on the Trail. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 20 OF 32 Vice Mayor Eck commented he would like it to be the Trail and so many feet back. Councilmember Dietz commented they would have to come a certain amount down Grand. City Manager George Hoffman stated he means the property frontage. City Clerk Kathleen Connelly stated the actual meeting date is July 6. Mr.Mark Osborn asked if they could have some assistance from staff or the council with Salt River Project to see if they can get some of these costs more flushed out.The city would carry more weight than just one of them.They would like to have something finalized by July 6.I t is pushing i t a little bit for them,but he is confident they could work out a number as long as they have some cooperation from Salt River Project. Mayor Coleman asked the city manager if this could be done. City Manager George Hoffman stated they will make every effort to engage Salt River Project.The vice mayor has led that effort and they will follow up with the lead he has made. Councilmember Sippel asked if they will figure out a dollar amount. City Manager George Hoffman stated they will. Mayor Coleman opened the public -hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1204 BE CONTINUED UNTIL THE JULY 6 MEETING. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 21 OF 32 MOTION. VOTE:Unanimous. The motion carried. minute break. Councilmember Waldron SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. OLD BUSINESS None.. NEW BUSINESS REAPPOINTMENT/APPOINTMENT TO HEALTH AND HUMAN SERVICES COMMISSION )City Clerk Kathleen Connelly briefed the council on the item.Staff has received a verbal resignation from Commissioner Gyenizse and has been unable to establish contact with Commissioner Romero.Due to the possibility of not being able to reach a quorum,two appointments must be made.Ed Barker has agreed to be reappointed.Council interviewed the remaining applicants at the work session of May 17,2004. Mayor Coleman called for any discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT ED BARKER BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON JUNE 30,2006;AND THAT KIMBERLY BROSSMAN BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON JUNE 30,2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 22 OF 32 The motion carried. DISCUSSION AND POSSIBLE DIRECTION TO STAFF ON MEET AND CONFER )Councilmember Insalaco commented he had put this item on the agenda at the request of members of the police department.(A portion of this item was inadvertently not recorded.) Councilmember Waldron stated he would like to have some time to go over the contract. Officer Bill Virtue addressed the council_He reiterated much of what had been stated earlier in Call to the Public,and .added that the association was not doing this in order to get more pay for its members.They wanted the ability to meet and confer on issues that affected their workplace and have some input on the decisions. Vice Mayor Eck commented there is no merit this year. City Manager George Hoffman stated he understood what the police department employees wanted,but i t is his goal that all the employees of the city have that ability,not just the police department employees.He believes that every employee and their job is important.for the city tO function properly,and they will all be treated with equal importance by him. Officer Bill Virtue again stated this is not about pay,or whether there is no merit increase,a 5%increase or a 3%increase.This is about the, association members being able to sit down with management and meet and confer on issues. Vice Mayor Eck stated again that there is no merit this year. Mayor Coleman commented he is not sure this will not be about pay in the future.He added they have a program at the school similar to meet and confer wherein they meet with management to discuss issues.But i t .does not involve the use of a federal mediator'. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 23 OF 32 Officer Bill Virtue stated the federal mediator onlygets involved if no agreement is reached between the parties. Mayor Coleman asked i f .the federal mediator makes the final decision on issues. Officer Bill Virtue stated the federal mediator only mediates the meeting.If no agreement is made,the recommendations from both parties are then sent to the council for their final decision. City Manager George Hoffman asked how many police department employees are members of the association. Officer Bill Virtue stated there are 49 members.They opened i t up to civilians in order to get a larger representation.This job is not one that everyone can do.I t is not the same as the public works person,although they are very important.He would not argue that.Their job is extremely different:working 24 hours on,their lives are on the line all the time.They are expected to do things that other people would not do,especially for what they get paid.I t is not a money.issue,but other agencies are going up.Peoria went up because they could not get people:they attracted new employees that way.We are currently experiencing that.The department is understaffed and all employees,association members or not,civilian or sworn,are all chipping in to make sure i t continues and that the best is given to the people.There are other agencies offering hiring bonuses to attract people.The City of Peoria offered $15,000 a year ago for lateral transfers.I t may be why they are seeing part of that trend. City Manager George Hoffman commented .they will have to engage in adaptive strategy for any department where we face these issues,whether i t is department directors,information technology,or any place else there are market changes and adjustments.I t may be the reason for what they are seeing now. Vice Mayor Eck asked if they have a plan to revise their job study. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 24 OF 32 Councilmember Dietz stated i t is every two years. There was general discussion on the two year revision plan and that it was under council direction. Vice Mayor Eck commented no one is disagreeing about how important i t is to be a police officer,but the entire city will be revised every 2 years.If those positions are going up,then hopefully that would reflect on that entire study. Officer Bill Virtue stated they understand that. Vice Mayor Eck commented a lot of their concerns are the council's concerns.He believes they are pretty employee -friendly and they do make employees a priority. Officer Bill Virtue stated they do not want to have issues that they bring forward,such as some brought forward several years ago,and end up having to spend dollars to do things to point out the obvious.They are trying to avoid that. City Manager George Hoffman stated many of the individuals in an organization get caught up in an all or nothing kind of thinking.He believes there are a whole variety of ways of achieving the objectives that Bill has outlined and that he concurs with.He is a big fan on experimentation,of pilot programs,and of rolling something out and trying i t for a year or two.They could then study i t and critique i t and see what works,what does not work,and what should be adapted or changed. Those things immediately cast in concrete do not have that kind of flexibility.Sometimes that is the thing to do,but i t is not always necessary. Officer Bill Virtue stated he believes they have met with several of the them individually and he believes their attorney was present at some of those meetings where it was discussed how meet and confer can be attained.There are two ways;one is by voting in from the council,which can later be voted out,and the other way is by initiative.If it is done by initiative and elected in,then the only way i t can be removed is to have an election to take it out.They do not want to .do REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 25 OF 32 the latter because they want to be able to work with the council.There have been too many cities where that happened that have bad tastes and bad blood left.They would like to get this rolling as they have been talking about this for two years.They are ready to go to an initiative if they have to. They are exploring those options.They are all for experimenting with things,but they are exploring the initiative side as well. Councilmember Sippel commented they just got this information.He requested they give them until July 6 to look this over and have something for direction. Officer Bill Virtue commented i f they happen to see the initiative packet being taken out before then,please be aware that i t is because they are on time frames that they have to work with.If the initiative process is not necessary,then i t is not necessary. They may take i t out between now and July.He does not want them to think they are pushing the issue. There was general discussion on the language of the motion. Councilmember Sippel stated he wants some time for the council and the city attorney to look at it.There could be no direction to staff at that time. Vice Mayor Eck commented he would just continue it.He was concerned they could set i t for July 6 and not have i t ready. City Attorney Joel Stern stated he could look at i t between now and July 6 with no problem.He recommended they have an executive session on it. Councilmember Sippel stated the officers just want to know if the council is going to do this or not.I f they are given time to look over the information,they can come to the next meeting and the council will let them know where they stand. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 26 OF 32 Councilmember Sippel MOVED THAT. STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING MEET AND CONFER OPTIONS:TO POSTPONE IT UNTIL THE JULY 6 COUNCIL MEETING. Vice Mayor Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS SPEED LIMITS ON SUPERSTITION BOULEVARD, BROADWAY AVENUE,IRONWOOD DRIVE,IDAHO ROAD,AND APACHE TRAIL )Councilmember Waldron commented since the improvements have been completed on Broadway,Superstition and Ironwood,he would propose that we increase the speed limits on the improved portions of those roads to 40 miles per hour.He also would like to direct staff to work with the State on Idaho to increase it to 40 miles per hour. Mayor Coleman asked i f i t is 35 miles per hour on Idaho now. Councilmember Waldron stated i t is. All of those streets are 35 miles per hour now. Councilmember Dietz asked if Ron had stated last night he would see if the study he had done would be acceptable to the Arizona Department of Transportation. Public Works Director Doug Dobson stated he did.They will have to wait and see. Vice Mayor Eck commented in the meantime they can do the _other streets. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 27 OF 32 stated that is correct. is the direction he is proposing. were all 35 miles per hour right now. are. Public Works Director Doug Dobson Councilmember Waldron stated that Councilmember Sippel asked if they Councilmember Waldron stated they Public Works Director Doug Dobson asked if they are talking about Superstition,Broadway,Ironwood,Idaho,and Apache Trail. Trail.' stated Apache Trail, stays the way i t is. correct. Vice Mayor Eck stated not Apache Public Works Director Doug Dobson Vice Mayor Eck stated that is Councilmember Dietz commented they would only beHncreasingthe ,speed :in the five lane.or improved',area. There was general discussion on the. area length of the'roads to have the speed(limits increased, if this would'come:back ,as an ordinance. it does.. will have to buy new signs. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 28 OF 32 City Manager George Hoffman asked City 'Clerk Kathleen'Connelly stated ,Councilmember Sippel stated they Public Works Director Doug Dobson stated they make the signs. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDENG THE SPEED LIMITS ON SUPERSTITION BOULEVARD,BROADWAY AVENUE,IRONWOOD DRIVE,AND IDAHO ROAD: THAT THEY LOOK.AT AMENDING THE ORDINANCE TO CHANGE THE SPEED LIMIT ON BROADWAY FROM MERIDIAN EAST TO IDAHO ROAD TO 40 MILES PER HOUR,SUPERSTITION BOULEVARD FROM MERIDIAN EAST TO IDAHO' ROAD TO 40:MILES PER HOUR,IRONWOOD FROM SUPERSTITION BOULEVARD: SOUTH TO THE.CITY/COUNTY LINE TO 40MILE-PER HOUR,LEAVING THE SCHOOL ZONE IN PLACE;ANDJHEN ,WORK WITH ARIZONA DEPARTMENT OF TRANSPORTATION. ON INCREASING.THE SPEED LIMIT ON IDAHO FROM.THE FREEWAY NORTH TOSUPERSTITION BOULEVARD TO .40 MILES PER HOUR. CounCilmember Sippel SECONDED THE MOTION. VOTE:Unanimous_ The motion carried. ESTABLISHING FRIDAY;NOVEMBER .12,AS A TEMPORARY CITY HOLIDAY-) ) - Councilmember Sippel asked, if this was the date the council 'had-talked about in order. to give;the = empl oyees something else.. City Clerk _Kathleen Connelly stated that is correct. Mayor Coleman closed the discussion and called for A motion. Councilember Sippel MOVED THAT STAFF BE -GIVEWTHE FOLLOWING DIRECTION REGARDING ESTABLISHING' FRIDAY, NOVEMBER 12,2004,AS A TEMPORARY. CITY HOLIDAY:GOAHEAR AND O REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 29 OF 32 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz commented there will be no work session on Monday,July 5,2004.in observance of the Independence 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,JULY 6,2004.IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck commented there were a couple of employees that saved a child's life at the swimming pool.He thinks that is incredible.He hopes they will be recognized for their accomplishment. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:55 p.m. Consent Agenda Items are as follows: I .Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 1,2004 3.Consideration of Award of Bid for display and classified advertising for FY 2004-05 to the Apache Junction News in an amount not to exceed $16.000. REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 30 OF 32 4.Consideration of Award of Bid for Citizen/Cityscape publication for FY 2004-05 to Arizona Interactive Media Group in an amount not to exceed $30,000 and authorization for Mayor to sign agreement. 5.Consideration of approval of Second Amendment to contract with G&C Aviation Consulting,Inc.in an amount not to exceed $12,000. 6.Consideration of Award of Bid for Project PW 2004-09,Construction of On- site (Private)& Off -site (Public)improvements for the Apache Junction High School Adjacent Ways Improvements to Haydon Building Corporation for the lowest most responsible bid,including Section 1 Base +Section 2 + Section 1 Alternate No.1,in the amount of $765,972 plus 10%,or $76,597.20,for unforeseen changes fora total not to exceed $842,569.20. ACCEPTED THIS 6TH DAY OF July ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JULY DOUGLAS COLECIAN Mayor ATTEST: KATHLEEN CONNELLY City. Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 31 OF 32 2004. 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 15th day of June,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of June,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 15,2004 PAGE 32 OF 32