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HomeMy WebLinkAbout2004-07-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 6,2004 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 6,2004,at the Apache Junction City Council Chambers pursuant to the notice required bylaw. CALL TO ORDER Mayor Coleman calledthe meeting.to order at 7:10 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 Interim Public Safety Director Steve Campbell City Engineer Ron Grittman Library Director Pam Loui Finance Director Keith Lewis Public Works Director Doug Dobson Development Services Director Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 1 OF 34 Others Present: Assistant to the City Manager Amy Malloy Management Assistant Shari Watson Presiding Judge David Alexander Associate Planner Steve Abraham Interim Human Resources Director/Human Resources Analyst Jackie Trevino ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.04-12,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,CERTIFYING THE MUNICIPAL COURT QUARTERLY REVENUE COLLECTED ABOVE THE BASELINE COURT COLLECTION FOR THE FOURTH QUARTER OF 2003-2004 FISCAL YEAR;DIRECTING STAFF TO FORWARD THE CERTIFICATION TO THE STATE TREASURER'S OFFICE;AND DIRECTING STAFF TO SEND SEVENTY-FIVE PERCENT OF ANY QUARTERLY REVENUES COLLECTED IN EXCESS OF THE CERTIFIED BASELINE LEVELS TO THE STATE TREASURER'S OFFICE,SUBCJECT TO MONTHLY REVENUE COLLECTION LIMITATIONS,BE APPROVED;AND THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR 2003-2004 FISCAL YEAR;AND THAT APPROVAL BE GIVEN TO RENEW THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND BAKER & TAYLOR,INC.TO PURCHASE BOOKS,AUDIOVISUAL MATERIALS AND RELATED SERVICES IN AN AMOUNT NOT TO EXCEED $136,015 ANNUALLY;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY OF APACHE JUNCTION TO ENTER INTO A 60 MONTH LEASE AGREEMENT WITH AVAYA FINANCIAL SERVICES FOR A TELEPHONE SYSTEM UPGRADE FROM "PROPRIETARY UNIX PLATFORM"TO "STANDARDS BASED LINUS PLATFORM" AT A TOTAL COST NOT TO EXCEED $8,048.44 PER MONTH:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT THE AWARD OF BID FOR PROJECT PR 04-01,FOOD SERVICE EQUIPMENT FOR MULTI- GENERATIONAL RECREATION CENTER,TO SOUTHWEST DESIGN & SUPPLY CO.IN THE TOTAL AMOUNT OF $139,345,OF WHICH APPROXIMATELY $115,000 WILL BE PROVIDED THROUGH A COMMUNITY DEVELOPMENT BLOCK GRANT AND THE REMAINDER TO COME OUT OF THE FURNITURE,FIXTURES AND EQUIPMENT BUDGET,BE APPROVED;AND REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 2 OF 34 THAT AUTHORIZATION BE GIVEN FOR THE PRESIDING MAGISTRATE AND CITY ATTORNEY TO FORMALIZE PROFESSIONAL SERVICE AGREEMENTS FOR ATTORNEYS OF INDIGENT DEFENDANTS WITH KIRK V.KARMAN AT A BASE COMPENSATION OF $12,000 PER YEAR, WILLIAM J.PEARLMAN AT A BASE COMPENSATION OF $12,000 PER YEAR,AND SCOTT MCALISTER AT A BASE COMPENSATION OF $7,680 PER YEAR;AND THAT AUTHORIZATION BE GIVEN FOR THE PRESIDING MAGISTRATE AND CITY ATTORNEY TO NEGOTIATE AND ENTER INTO TWO CONTRACTS WITH COMMUNITY SERVICES ASSOCIATES, INC.AND NATIONAL TRAFFIC SAFETY INSTITUTE FOR THE PROVISION OF DEFENSIVE DRIVING SCHOOL COURSEWORK;AND THAT PATRICIA RICHMOND,DAN AUSTIN,AND CLIFF AXT BE REAPPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS WITH TERMS TO EXPIRE JULY 7,2010;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2004-11,CONSTRUCTION OF ROAD IMPROVEMENTS TO SUPERSTITION BOULEVARD IN FRONT OF THE NEW CITY HALL COMPLEX, INCLUDING CONSTRUCTION OF CONCRETE SIDEWALK,CURB AND GUTTER,SIDEWALK RAMPS, CONCRETE VALLEY GUTTER AND APRON AGGREGATE BASE COURSE,REMOVALS AND RELATED IMPROVEMENTS,TO G & G CONSTRUCTION COMPANY IN THE AMOUNT OF $65,000 PLUS 10% CONTINGENCY,OR $6,500,FOR UNFORESEEN CHANGES FOR A TOTAL AMOUNT NOT TO EXCEED $71,500,BE APPROVED;AND THAT THE AWARD OF BID FOR PROJECT NO.DPS 2004-01,ARIZONA CRIMINAL JUSTICE COMMISSION PSN-04-3003,PURCHASE OF EDUCATIONAL TRAINING ROBOT FOR USE IN GUN SAFETY PROGRAM,BE AWARDED TO COCO'S ROBOT INC.IN THE AMOUNT OF $24,500, WITH $15,000 BEING FUNDED THROUGH THE PROJECT SAFE NEIGHBORHOODS GRANT AND THE REMAINING $9,500 UTILIZING CITY MATCHING FUNDS,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 3 OF 34 CALL TO THE PUBLIC Ms.Dotti Pieper,103 W.Gorham,Superior,addressed the council regarding the meet and confer options.She is a city employee and spoke with approximately 30 other city employees who feel the meet and confer should be open to all city employees or none at all.She commented there were other city employees who were hesitant about formally voicing their opinion.She added if meet and confer is considered,it should be offered to all employees. Mr.Clyde Allison,1943 S.Apache Drive,Apache Junction,addressed the council regarding meet and confer.He is the vice president for the Apache Junction Police Officers Association.He read a written statement stating the hope that the organization will be recognized through the meet and confer ordinance process.He commented they wanted to address some of the concerns voiced at the last council meeting.They are in support of the city manager's suggestion to gather employees from all departments within the city government to act as a sounding board for concerns and suggestions.The police department has its own unique issues that would prohibit them from being discussed in a non -law enforcement setting due the to the confidential nature of the topic,the possible violation of civil rights,or the release of information which could jeopardize pending litigation or classified policies or police procedures,and this would be have to be separate and apart from the city manager's department -wide discussion group.He commented that AJPOA is a representative organization for members of the law enforcement profession and all of its members are city employees.The police department personnel head towards the danger that other city employees move away from,creating a new set of dynamics relevant to law enforcement.These are the elements they need to address separately.They work 24 hours a day, 7 days a week,52 weeks a year.He listed the kinds of calls the department responds to.He commented i t is difficult to battle what they see on the streets and still have to battle within the department for equal treatment. With each protest,unpleasantness increased.They do not want the previous atmosphere to permeate the department again,and have concerns stopped at the threshold of professed open doors,including health and safety issues,some still pending,such as the boonie hat.There has been a history of unfair decisions based on who you are,who you know,and who's fair-haired child you are.Obvious signs of stress and need have been ignored.People have been fired for minor policy violations and yet blinders were used for blatant violations.They will not allow intimidation to stop them from obtaining needed reform in the future.They are making great strides towards equality REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 4 OF 34 with'Chief Campbell,and are meeting with him and .City Manager Hoffman on a regular basis to -discuss and resolve issues They are concerned that i f Chief'Campbell'and City Manager Hoffman are not in their respective positions in the future that they could easilybe right back where they started in 2002.He reiterated this is not about money .now,but it could someday be an issue,Most of the department employees could make more money at other valley agencies;but they prefer to stay here because this is their community.They live here,their children go to school here,they attend church here,and they are involved in philanthropic endeavors here.They want .to work hand in hand to make Apache Junction best in class; And propose, the meet and confer:process could be a member bringing a suggestion or observation to,the AJPOA board members,whofthen place :it on their agenda, then,they-would -discuss i t and Teach a desired outcome to be voted on by the. general membership,with it then going before the chief of police to discuss the serviceability of the .desired outcome,and if it only impacts the police department the agreement would be passed onto the membership.I f i t impacts city -government as a whole, ' it mould then go to the city manager to follow the protocol to implement the desired outcome.They are asking for a -seat at the table for thelr.organization to bring member concerns to those with the . power to address them. Mr.Dan Wald,560 N.Rennick Drive,Apache Junction,addressed the council to request considering a resolution or proclamation recognizing the outstanding performance of the 2003-2004 academic year of the Apache Junction public and, charter schools;specifically Avalon Academy.The results of the Stanford 9 tests published in the newspapers show that the city's public schools improved their.scores by 14%.Avalon Academy improved a little over 15%. According to the state school superintendent's office,anything over 5%is considered superior achievement.He requested a resolution or proclamation recognizing the outstanding achievement of the local educators and the school district. CITY MANAGER'S REPORT None: PUBLIC HEARINGS - PROPOSED ORDINANCE NO.1204,PLANNED DEVELOPMENT MAJOR AMENDMENT CASE PZ-6-04, REQUEST BY JOHN PHILLIPS OF J&R PROPERTIES REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 5 OF 34 FOR WAIVER OF;UNDERGROUNDING UTILITY REQUIREMENT ) ) , Associate Planner Steve Abraham briefed the council :on the item.At the last meeting council was approached to waive the underground utilities on.the southeast corner ofGrand ,and Apache Trail.Council directed staff to look into the option of deferring or, accepting;a method of payment for deferring the underground utilities.Staff met withAhe applicants to discuss language:to amendAhe ordinance and add a stipulation basically reading."in,lieu of complying with the undergrounding requirements pursuant to theApache Junction City Code,the developer shall tender a.certified-check to the city in the amount, equal to the cost of undergrounding electrical utilities as determined by the development services: director:Using a cost analysis based similarto a.macro scale to determine undergrounding distance;a total project lengtivof about 4:140 was arrived at,and using ,'a figure determined by previous city undergrounding projects, the approximate cost came to $58,533.The:developer is amenable to ,that amount.He provided written language to the council that should be ,,read ,with - the ordinance to accept this.There is no dollar figure in this,but it does require the developer to:submit a:check -during the permit process. Vice Mayor Eck asked where the money would beheld. Associate Planner Steve Abraham stated he believed it would be in the general fund. Assistant City Manager Bryant Powell,stated it will-be a separate account to be used for undergrounding. City Attorney Joel Stern'stated he had told Steve that.it would be put into the -.general fund;where ;it will then be taken from to create a new fund.It will be general fund monies:not a specific development fee fund. Vice Mayor Eck asked if we are starting an underground development fee: City Attorney Joel Stern stated we are not.This is a.planned development witha stipulation that'the developer has agreed :to, do.I t is a little out of the norm:-it would usually be a development agreement.However,there is a time.issue to his understanding,' REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 6 OF 34 and they want to get going as soon as possible.The development agreement would take another 60 days. Vice Mayor Eck commented this is an excellent compromise to what they were looking at. Mayor Coleman requested the applicant address the council. Mr.Mark Osborn,representing Yum! Brands Restaurants,addressed the council.He is one of their representatives who worked with city staff on the proposed fee amount and ordinance language.They are supportive of the ordinance and appreciate the efforts of the city staff and council.They should be able to start building the project in the next couple of weeks once this passes. 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. Vice Mayor Eck thanked the developers on this issue as it was a first for the council on undergrounding. They bore with the council through the growing pains and he appreciated the compromise. Mayor Coleman closed the discussion with no further comments and called or a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1204 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 7 OF 34 Vice Mayor Eck MOVED THAT ORDINANCE NO.1204,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:IN LIEU OF COMPLYING WITH THE UNDERGROUNDING REQUIREMENTS PURSUANT TO APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6-1 LANDSCAPING AND SCREENING REQUIREMENTS,SECTION 6-1-6 SITE ORGANIZATION AND DEVELOPMENT,THE DEVELOPER SHALL TENDER A CERTIFIED CHECK TO THE CITY IN AN AMOUNT EQUAL TO THE COST OF UNDERGROUNDING ELECTRICAL UTILITIES AS DETERMINED BY THE DEVELOPMENT SERVICES DIRECTOR. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1205,ESTABLISHING THE SPEED LIMIT ON BROADWAY AVENUE BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,SUPERSTITION BOULEVARD BETWEEN MERIDIAN DRIVE AND IDAHO ROAD,AND IRONWOOD DRIVE BETWEEN SUPERSTITION BOULEVARD AND HOUSTON AVENUE ) )City Engineer Ron Grittman briefed the council on the item.He stated council directed staff at the last meeting to increase the speed limit per the speed study that staff had performed. Councilmember Waldron asked if that leaves the school zone intact on Ironwood. City Engineer Ron Grittman stated that is correct.The school zone will still stay 25 miles per hour. Councilmember Dietz asked if he had been able to get with the Arizona Department of Transportation regarding Idaho. City Engineer Ron Grittman stated he had not.He is waiting until this has been approved so that he can tell them what has already been done. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 8 OF 34 Vice Mayor Eck commented that would be so that they could show a comparison. City Engineer Ron Grittman stated that is correct. 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. Councilmember Dietz MOVED THAT ORDINANCE NO.1205 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1205,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.04-13,GRANT FUNDS TO PURCHASE X26 ADVANCED AIR TASERS ) )Department of Public Safety Director Steve Campbell briefed the council on the item.He stated the resolution requests the council's approval for utilization of the Local Law Enforcement Block Grant monies in the amount of approximately $15,793.There REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 9 OF 34 will be approximately a 10% match by city funds to purchase additional tasers for the police officers.This will lallow the sworn personnel to be approximately, 50%equipped with the tasers.The actual taser model is the new and more compact model.It gives the same type of .result.I t is easily carried. Vice Mayor ,Eck asked if these are the tasers seen on television with the wires. Department of PUblic Safety Director Steve:CaMpbell stated that is correct.I t projects two projectiles' attached by copper wires that:basically look like small:fish hooks.I t also has the capability of having a touch taser,allowing it to function in clOse proximity by taking the cartridge.off. Vice Mayor Eck asked what the maximum range is. Department 'of Public Safety Director Steve Campbell stated i t is 21 feet. Vice Mayor Eck asked if it has to be sent back to be recharged once i t is used. Department of Public Safety Director Steve Campbell stated you have to replace the cartridge.Part of the purchase is to buy the actual taser and to have additional cartridges to go along with it. Mayor Coleman asked how much the individual cartridges cost. Department of Public Safety Director Steve Campbell stated they are roughly $28 apiece.The actual tasers themselves cost about $800 apiece. Councilmember Dietz asked if the one he was holding was a sample of the new model. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 10 OF 34 Department of Public Safety Director Steve Campbell stated i t is not.I t is the M26,the X26 is about half its size. COuncilMember Insalaco asked if the cartridges are reusable. Department of Public Safety Director Steve Campbell stated they do not reuse them,they send them back to the manufacturer for recycling.There are certain processes,they have to be impounded ,and they have a serial number that5goesmith them :for accountability,When they are discharged,there is some confetti that comes out with the serial number on it.They can.track :when i t is used and which cartridge is used. Vice Mayor Eck commented i t has already been used once. Department of Public Safety Director Steve Campbell stated i t has..It was successfully used on an armed subject with a knife-. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing on the item and reopened the item -to council discussion. There beingno'further discussion,he called for a motion. Councilmember. Waldron MOVED THAT RESOLUTION NO.04-13,A RESOLUTION OF THE MAYOR AND,THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PERTAINING TO THE: ACCEPTANCE OF THE UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF LOCAL LAW ENFORCEMENT STRATEGIES TO ACHIEVE SAFE COMMUNITIES,BE APPROVED. COuncilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 11 OF 34 DISCUSSION ON CABLE LICENSE AGREEMENT RENEWAL WITH MEDIACOM COMMUNICATIONS CORPORATION )Management Assistant Shari Watson briefed the council on the item.The city entered into a cable license agreement with MediaCom in August of 1999 for five years,with an option to renew.This license comes up for renewal on August 31,2004,with the option for renewal based on whether or not MediaCom met the upgrade specifications of the license agreement.Kramer.firm,a consultant based in California,was brought in to confirm the upgrades.They found a number of issues relating to end performance of the system as well as physical plant issues that did not affect picture quality.MediaCom produced an action plan for resolution of these issues,and last Thursday Kramer.firm reinspected the system.The picture quality issues have been resolved,but the physical plant still has some issues remaining.This is basically the maintenance of the system.The general manager of MediaCom,Peter Kwam,now has an action plan and maintenance plan in effect wherein they are hitting the mobile home parks and other areas of the community to address these physical plant issues.I t is not an overnight fix.The system has been upgraded to the specifications of the license agreement.She stated staff would like to see some amendments to the agreement prior to its renewal.The first would allow for the extension of the agreement:the second would be two cable drops into the new multi -generational and city hall facilities;the third would be a digital fiberoptic transmission system to assist the multi -media producer: the fourth would be to change the current requirement for twelve single optic fiber cables running from public works to city hall,of which only six have been provided,and those six that still need to provided be relocated from the head end of MediaCom on 5R88 to the new city hall complex:and the current agreement allows for the city to spend up to $25,000 to bring in a consultant to review a technology report that MediaCom provided to the city annually.Whereas the city has only expended about $200 of that,staff is asking for the remainder of the $25,000 to be spent bringing in a consultant to reinspect the system periodically.The rate increase has been a concern; the beginning basic rate for services was $29.95,i t is now $43.95.The increase was due to periodic programming fees that the channels charge the cable operators.The original license agreement provides for the provision of a local office to be open from 8 a.m.to 5 p.m.with trained representatives answering the phone at a local phone number.Technically they have that,but in 2002 they switched to a call center based in Gulf Breeze,Florida.Local calls are transferred to this call center.There were some initial concerns that this call center would be inefficient,but REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 12 OF 34 she has not received any complaints recently.She has logged in 50 complaints over the 5 year period on various issues ranging from technical to customer service.She immediately called MediaCom whenever she received a complaint and they sent out a technician or the general manager contacted them personally so that the issue was resolved quickly.City staff recommends extending the agreement for another 5 years with the amendments. The amendments are currently being reviewed by MediaCom and will be presented to the council in two weeks. Vice Mayor Eck commented there has been approximately one complaint per month,or less than that. Management Assistant Shari Watson stated that is correct. Vice Mayor Eck commented that is considerably less than the one from previous years. Management Assistant Shari Watson stated that is correct.MediaCom is very attentive to the customer, complaints are resolved very quickly. Mayor Coleman requested the representative from MediaCom address the council. Mr.Peter Kwam,director of area operations for Arizona.,879 N.Plaza Drive,stated their goal has been to upgrade the system and launch advance technologies,which they have done.In the past six months they have launched high definition television,DVR service,and they are in the process of launching video on demand.They are trying to keep up with the larger markets in technology.They have moved the office closer into town.They are open 6 days a week.The advantage of a call center is after hours:very few cable systems in the country have 24/7 at a local office for a market this size.I t cannot be done with the staffing.The cost is prohibitive.The maintenance is an ongoing issue with any cable cOmpany.They have a program implace with a maintenance technician for every 250 miles.There is about 500 miles of plant in the surrounding area.They initially targeted trailer parks and are working towards that.They have monthly reports in their division:on trouble call statistics,which reflects on maintenance,they are usually the lowest.They are usually one or two out of 26 systems in the division.That was not the REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 13 OF 34 case 9 months ago:they were towards the middle of the pack.They have made great improvements.If the maintenance is not up to standards,they will lose customers and i t affects customer service.Their rate increase in the past year was $1.00,or about 2%.Their programming costs are double digits annually.They are not even keeping up with program costs for the last year. They will launch new services,bundle products to make them more attractive to the consumers,and their goal is to continue to perform at a high standard. Councilmember Dietz commented i t is great that he gives a personal call whenever they get complaints at the city. He had to go through that process because their customer service was not very good at all.It took three missed appointments that he had with no service representative showing up whatsoever,with total frustration on his part,for him to call the city to get something done.He hopes they are addressing the problem for the people who do not call the city. Mr.Peter Kwam stated they track, they pre -call,do follow-up,and are adding staff in reference to following up.The best way to approach this is to be proactive and make sure the customer is satisfied.He has addressed a lot of different issues in the last 9 months. Councilmember Dietz commented he is concerned for the citizens that do not know enough to call the city. Vice Mayor Eck commented he was one of them that pushed for a local call center earlier.I t felt like that was the only way to get quality service.They have found that i t is probably better to use the call center after hours.He asked what would happen i f someone's cable goes out on Saturday and they call in. Mr.Peter Kwam stated they will get a live operator and they have on call technicians that can be contacted i f there is an issue.They had a call today for a periodic problem that occurs between 5 p.m.and 7 p.m.I f i t happens tonight,he will be called out to go out to the residence to resolve it. Vice Mayor Eck commented they would be out there tonight and not the next business day. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 14 OF 34 , Mr.Peter Kwam stated,they can be out there within an hour.The technicians live in the community. Mayor Coleman opened the public hearing on:the item.There being no one wishing to speak,he closed the public hearing and closed the item as this was a public hearing only on the item. OLD BUSINESS DISCUSSION OF MEET AND CONFER OPTIONS FOR CITY )City Manager George Hoffman briefed the council on the item.He stated he believes that there exist within the police association draft proposal concepts which are both legitimate and valuable.They convey value not only to members of the association,but to the entire organization.He:stated he would like to present to thecouncil a.concept which would apply toAhe whole organization and requested they provide himwith direction to prepare a specific proposal for their consideration.He commented on the comments of a councilmember when, .as a council candidate,he was asked by the association how he felt, about and if he would support a city ordinance allowing for meet and confer for the City of Apache Junction employees,and that the council candidate had responded stating he liked the question because i t includes all staff and not just the police department,that employees need to know that they can approach management in a setting that is structured and meant. to bring about Meaningful AialogueAo voice their concerns, .and that both staff and management would have to be,wiIling -to compromise and work towards the changes that are derived from the compromise.He commented there are three key phrases from the councilmember'-s comments:includes all staff,is structured .and:brings about meaningful dialogue.For includes all staff he proposes that our primary goal be the creation of a positive and equitable work environment.To achieve this,he proposes that we create.a city wide employee group,and that how -the group would be formulated,who the group would be and how it would function,he would like to,consult with employees to determine.It might include representation from each city department,.a cross section of job classification categories,and be selected on some periodic basis such asevery year or two.It might include a moderator or facilitator who is .not a member of the group,such as we did with the insurance and compensation team.It might meet on airegular basis such as every quarter.And it might have a core standing agenda that over the course REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 15 OF 34 of the year the team,would,by council direction-,cover such topics as the classification and .compensation plan,benefits, safetyand issues of team concern.The second major point is that it be structured.The goal for having structure is that the city council establish a structure and a,process that will not be dependent -upon this city manager:or any particular department director to implement.It will structure a'process where employees will discuss issues with each other,with the _city manager,and,in some instances.,withAhe city council.He would like to talk with employees about at what point they want him in the room,In the classification and compensation plan he.sat with them through many meetings;the insurance and compensation team met by themselves.Both groups presented their recommendations directly to the city council.Whichever model might be = utilized,he would envision that at some point in the process the team would put their issues _intO writing to the city manager;and.in turn his written response would be provided to -them.He feels the ideal relationship is one in which problem identification and the development of solutions can be worked on together.The third key point from the council candidate's. comments was bringing .about meaningful dialogue.Meaningful dialogue =means that real issues get out on the table.The status quo may be challenged. Past practices:may receive constructive criticism.He believes the city council could send a clear message to all o-flus if they say that they =want to create an environment of trust and respect where candid dialogue occurs and where problems are addressed together.This can be: done by formalizing the - process.If the council .envisions an organization where,all employees work together to solve mutual problems,issues and concerns,i t is important that they say so:If the council expects staff .and, management to be willing to compromise and work towards. changes that are derived from compromise,direct staff to do so.Regarding unique needs,he -suggested that any process brought back should.address issues which apply to specific work areas .or departments.Not every issue faced by a group of employees will be relevant to all other employees.Project SOAR has as its two fundamental objectives the enhancement of service to our customers andAhe improvement of our processes.At the very:foundation of Project SOAR is the belief that the only way meaningful,sustainable change can occur is if employees who provide the services are themselves the principle change agents.Currently we have dozens and dozens of employees tackling a variety of issues;everything from business licensing anddevelopment processes to how we recognize employees for superior service and how we communicate.He believes the city council should ask for and insist upon an operating philosophy where employees who are closest to theservices being provided are integrally involved in how that work gets performed.If they and their management team cannot REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 16 OF 34 successfully resolve it,then i t should be brought to the larger group as contemplated above.He did not propose a detailed plan tonight,and his concept does not provide for collective bargaining,addressing individual grievances differently then is set forth in the personnel policies,nor changing how employees get involved in local elections.I t is a concept which suggests that collectively the employees have more in common then we have differences,and that all of the employees bring value to this organization and this community and that they should,therefore,be treated similarly.I t is a concept that values fairness,participation,and addressing issues at the level of employees closest to those issues.He urged the council to consider an approach which addresses all of our employees,and if the council gives direction tonight to develop and refine such an approach with the consultation of our employees,that he return such a plan to the council. Vice Mayor Eck asked how the concerns about these discussions will be being documented,and if that would be addressed in what he is proposing. City Manager George Hoffman stated one of the things the association brought forward was the concern that things be formalized and that they be documented.He would like to take that back to the employees.If it is a shared concern,i t is a great idea.In the class and comp plan,you saw that happen.Council was provided a formal recommendation.In the insurance and compensation team's work council was provided a formal record.They have heard tonight that there are some issues that are of a confidential nature. Vice Mayor Eck commented that was his next question. City Manager George Hoffman stated he thought that they should not look to try and build a one size fits all. He thinks that what they said to the council were not consistent messages. It might sound like i t on the surface,but he thinks there is a need for both things;the need to have a group written record,and issues that need to be brought forth in a smaller venue.He certainly anticipates that we would have employees across the organization working closely at the departmental and subdepartmental level,who would be working on issues that get resolved at that level and never have need to be recorded or brought further.I t is when there is a failure to resolve i t at that level that i t could be brought REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 17 OF 34 further.He has not heard their second comments tonight.He heard them along with the council and thinks there is probably some value in looking through that.He wants to communicate with them and with all employees on putting a proposal together. Vice Mayor Eck asked if this would obviously be something of a trial period. City Manager George Hoffman stated he is quite big on trials,on giving things a try and experimenting with them for a reasonable period of time.When you experiment,you find out eight out of ten things you tried work,two did not,and you regroup and determine how you can make these things better.You evolve,you change,you learn,and you adapt.He does not believe that usually you hit home runs out of the park the first time at bat. Vice Mayor Eck asked how the council would be informed. City Manager George Hoffman asked that they tell him what their interests are and at what point they would want to be in the loop. Councilmember Sippel commented he would like to discuss having one of them being a part of that team to create something,being able to put in that input at that point in time. City Manager George Hoffman commented he is proposing that if he gets direction tonight to put together a city wide team to build this concept,he would bring this concept back to the council and get formal direction from them to implement it.He is presenting just a concept.He has not met with employees yet and he does not know what ideas they might generate for what such a team might look like.They have an employee advisory team right now,and there is a little overlay but not a whole lot with this. Mayor Coleman asked if there could be a way developed as part of the process that would allow a department representative to approach either the city attorney or city manager if there is something of a confidential nature or if they do not feel satisfied with the response that they get from their superiors.One of the things mentioned REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 18 OF 34 was that things always got cut off,like the desire to be able to choose a part of the uniform,in the police department's case,something that would protect their ears and protect them from skin cancer and that was always dismissed before i t ever reached the manager's office.He asked if there could be a way in which those kinds of concerns could be dealt with on a department by department basis. City Manager George Hoffman stated they could.He thinks the police department is more challenging.I t is the only department in the city that really has a quasi -paramilitary command and control structure.But even with that structure in place,he thinks i t is absolutely the case that the city council can say they want employees who deliver services to be integrally involved in how those services are carried out,what the work environment is like,and that is something the city manager then works with.He would like every single department to ensure that philosophy is instilled.He commented if he is asking if there can be a failsafe,a trigger mechanism that if that does not work for some reason the process can be short-circuited and come directly to the city manager or the city attorney,he believes the answer is yes. Vice Mayor Eck commented he does not want the team to just be something that we kind of mass to avoid the meet and confer.He is not trying to just pawn off the meet and confer to create this team.He asked what specifics would be needed in this direction to get to an effective employee team. City Manager George Hoffman commented they have been presented with two basic models.As Councilmember Sippel said,they need to pick a model.If council states they want some of the things they outlined and they want it to apply to the whole organization, and bring them back a proposal in 90 days,then he will get together with employees and consult with them about what would such a mechanism,process and structure look like.They would determine when they should have written messages and when not,and when they would want him in the room and when they would want to meet just amongst themselves to kind of flush an idea out. Those and several dozen other topics would be grappled with and he would bring back to council a proposal in 90 or 120 days that would articulate that.He does not have a detailed proposal tonight.He has not consulted with employees yet,and he does not know what they might have to say. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 19 OF 34 Councilmember Milkey commented he likes- the approach that i t does take into .consideration all the employees of the organization. Councilmember Insalaco commented he agreed,but he wishes there was a way that sworn officers could get together with the city manager somehow and hash out their differences before this all comes about.I t is not a better part of the city,i t is just a different part of the city.I t is fine with him if meet and confer is .for all employees,but the police -department has problems that no other department has.He thinks they should be able to come to the city manager and discuss their problems. City Manager George Hoffman commented he thinks that they should come to him and be able to come to him, and that the structure provide.for that,but his firstencouragement would be to go .to Chief Campbell to involve -them not superficially,but. meaningfully, in working out those issues.In his opinion,it should only be one in fifteen issues that make it to the -city manager,because the employees have worked together with their departmental and subdepartmental management teams to work those things.out.We:have-that very process going on throughout the organization.While the'police department has some things that make i t unique,he thinks the desire for employees to communicate and have some level of influence over the jobs that they know best is not different in the police department.He thinks they desire that asmuch as other employees. Councilmember Waldron commented he thinks the concept of meet and confer is good,particularly in light of what has brought us to this point,and that is the problems .that were identified in the Buracker report.because meet and confer provides avenues for staff to follow if needed if there are grievances.However,i t has to be city wide. I t cannot be isolated to one department.The police officers'association supports the current management.We are at this point today because of what happened before in the police .department.Each department also has a chain of responsibility.No matter where one works,there are supervisory levels that. have- to be followed and that need to be maintained:the integrity needs to be maintained.Although we have two separateproposals at opposite ends' of the spectrum,I would like to see these two married together somehow. Take the good from both and bring a workable solution that is of benefit to staff and to management. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 20 OF 34 Councilmembers Sippel and Dietz agreed. City Manager George Hoffman commented that he would like to meet not only with the association but with all employees. CouncilMember Waldron commented: absolutely. City Manager George Hoffman stated. that what he is offering does not address collective bargaining or federal mediation.I t fundamentally believes that the Issues that are in this organization can be worked out with the employees,management,and the city council.It does not look at changing the process so that some or all employees can become much more involved in local political elections.Some of us have lived through'those days and know -why those policies are in place now.In terms of process and structure,there are a great number of things the association has that are legitimate and valuable.There are some other concepts there that his proposal did not :include:If council gives direction,it wouldte important to know which components they are interested in seeing staff work on. CounciTmember Waldron stated he does not perceive that the next thing that would come to the council would be the one that would be approved.This is going to take a while to hash i t out.There are :some items in this meet and confer contract that he does not like.It takes too much control, away from the city that he thinks needs to , stay there.There are some legal issues with it as well.He thinks these two need to be brought together and there be some type of agreement brought to the council for consideration,for them to look at and see if that is indeed what the -direction from council is.They need a starting point. Mayor Coleman requested Officer Bill Virtue to address the council. Officer. Bill Virtue requested!that he and Clyde Allison both be allowed to give comments. Mayor Coleman agreed. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 21 OF 34 Officer Bill Virtue stated he wanted to reiterate that with the ordinance they have proposed,i t is an ordinance,and i t has to be followed.I t is something that is written,for lack of a better term,in stone.I t is something that gives guidelines on meetings,how the process is taken and who meets with who and all that.So if it is melded,he thinks that i t is very important that that needs to be there.They have told them before that they have been meeting with people for two years on some of their stuff that had been brought forward,i f i t had been taken care of,would mean they would not be where they are right now. They would not have all this money being spent on things that were brought forward multiple years ago.That is what they are trying to avoid again.I f they are going to meld something together,they are not opposed to that. They are not opposed to having the whole city have a meet and confer situation.His personal opinion is that anybody who is non -sworn and who is not in law enforcement should have their own association.They need to have something where they can represent themselves to George.A lot of cities do that.Peoria has i t for the police department,public works,and they have i t for different places,with those people sending representatives.He has no problem with that as long as i t is something that is in an ordinance and that i t is not just saying okay we agree we are going to meet.That is worthless because i t is not written anywhere that we have to do that. Mayor Coleman asked if he wanted i t codified. Officer Bill Virtue stated that is correct. Officer Clyde Allison addressed the council.He commented he had been on a lot of the committees George is talking about and they are great.I t is a way for all the employees to get together and discuss.However,i t is difficult for a police officer to say how much a librarian should make.When he heard how high their education was,then he thought their pay should be over the limit.But i t is really hard to look at other departments and discuss that type of thing.He thinks they did a pretty good job.One other reason they wanted George there on the pay study was because one of the heads of the pay study was one that they had problems with.When George was not there,they felt it was run out of their control.The problem with the pay study meetings that he saw was i t did not meet everything he thought it was going to.They never talked about evaluations.And they were supposed to discuss the 50% to 75%,but that part REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 22 OF 34 never came about;i t just ended up being 502.A lot of the police department employees are above the mid -point and they got nothing on the pay study.We took the blame for that;we told them we did not discuss individuals,it was just the scale.But that was a problem with the pay study.He is sure any group or committee formed will have dissension and somebody will be upset. The problem with the group meetings is that i t is a group meeting,and a lot of times there are individual problems within the department.He is sure public works and the library have their own individual problems just like the police department.However,there is no librarian association,or an association of administrative assistants,or court clerk association.There is a reason there is an association in the police department.Within the last two years the real problems started coming forth.It was a breath of fresh air when they first started talking to George,compared to what they were going through before.He would tell us directly.The best thing he ever said to him was that he was not going to like what he was going to tell him.He actually liked hearing him say that because he was giving him an honest answer instead of saying to put i t in writing and he would get back with him later,which is what he got most of the time,which meant he was getting the brush off.That is the one reason he really looked up to George and that is why he is really glad he is a part of our city.He is an employee and also a resident.The problem with the police department is how they would discuss individual problems of the police department in a group committee or group setting.Sometimes we cannot talk about stuff.We are paramilitary.We are taught from the academy that you do not talk to the press.They cannot tell certain things because there is liability for victims,suspects,and the city in general.I t is hard and scary to go around your chain of command or go out of the police department to the city manager.He asked what kind of rules,policies and laws would be violated by doing that,and whose rights would be stepped on if he talked to George about something that at the time was innocent,and then later found out it was not, that there are bigger ramifications behind what he is saying.He is not a lawyer.He sits as a representative with employees that are in trouble,but the first thing he tells them is that he is not a lawyer,he is just there basically to hold their hand and make sure the truth comes out,not only on their side but our side also.The first thing they tell anybody in trouble is that the truth counts.Sometimes you cannot talk in a group.He asked i f they could narrow i t down to where they take their stuff directly to the chief,hammer it out from there,and then go to George.He does not have a problem with that if the rest of the city needs meet and confer or some type of joint thing.They would gladly be part of that.However,they have individual problems with the police department.While they may not want to REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 23 OF 34 look at them as a different department,they are different.At any click of the clock there is a police officer on.If it is three in the morning and a water main breaks,you do not call the water company,you call the police officer.Dispatch and patrol are basically the only ones who are 24 hours seven days a week.They do have guys on call,but they have officers out there.They are responding.Each employee needs a way to be able to communicate around chain of command sometimes,and sometimes that may be where they make an agreement that is binding.He commented on how the dispatcher I I position was one thing in the pay study and completely different than what had been in agreement with the dispatchers.There was nothing binding in what came out of that pay study.There needs to be something done. Officer Bill Virtue commented that one of the concerns is pay.Everybody is saying i t is all about pay.The reason why Clyde is using the pay study is because that is really the only organization where everybody was brought together.He did not want them to think that pay is the issue,because i t is not.They want to bring that forward.They had another issue with the insurance and he had been told by one of their employees that it did not go very well for him.He was not pleased with results.He does not know whether he voiced that at that point. If the association had been there they would have.He commented that if they do meld this together,i t needs to be something like an ordinance where i t is put in writing. City Manager George Hoffman commented i t is important to say that any group process involves a variety of employees,such as the last one mentioned,insurance and comp.There were police department employees in that room.People have to be willing to work towards compromise;changes are derived from the compromise.When both of those groups that met,class/comp and insurance and compensation,not everyone who walked out of that room agreed with everything that happened in that room,and that was just 20 to 25 employees.Certainly not every employee in the organization agreed with what happened.But they worked together,they found areas of consensus,and they brought those to the council as a recommendation that the council was able to adopt.He does not believe he could hold up a suggestion to the council that if we do this there will be no employee concerns.Employees are human beings,they have a variety of different interests and perspectives,and what he feels is important as someone with dependents may not be felt by the person without dependents.He does not want to overstate or suggest that everybody will be REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 24 OF 34 happy with this kind of process.What i t is is a process that is inclusive, participatory, .andrfair.It does not guarantee everybody everything that they always want. Councilmember Dietz stated he did not think they were going to get that. Councilmember Waldron commented i t is like anywhere.Obviously we want things resolved at: the lowest possible supervisory level in all cases.And probably 85% tcY90% of the time that is going to occur.Even where he works they changed the sick policy,and he is not happy with it,but that is what the group came up with and he will go along with it.Whatever process is used,he wants to preserve the idea that i t is resolved at the lowest possible supervisory level but that the option is there for the police department,public works;or whoever i t is,to move i t up a level to avoid what has occurred in the past at the police department and that has been brought up again in the Buracker report,which brought us to this point.He,wants to preserve and provide that avenue should i t be, necessary if it is not resolved or i f i t is 'ignored at some supervisory level on an issue that is:important .and needs to be moved upon.He wants to make sure it is -accomplished ,through this process: and brought to the council i f necessary.If George ismo longer here and_.Steve is not here,and we run into the same situation it can eventually be brought to the council.They would not -run into what we ran into before and spend1100,00,0 on studies.and 'problems. Mayor:Coleman closed the discussion with no further commentstand,called. for a motion: COuncilmmember Waldron:MOVED THAT, STAFF BE GIVEN THE FOLLOWIN DIRECTION REGARDING ME.ET'ANDCONFER OPTIONS: THAT THE CITY MANAGER MEET WITH STAFF AND LOOK AT THE :MEET AND CONFER ORDINANCE THAMWAS PROPOSED BY THE POLICE OFFICERS ASSOCIATION AS'WELLAS THE, CONCEPT THAT WAS PRESENTED BY THE CITY MANAGER TONIGHT,AND THAT HE IS TO COMEBACK TO THE COUNCIL WITH SOMETYPE:OF A 'PROCESS DOCUMENT,IF YOU WILL, ON HOW'WEARE GOINGITO ACCOMPLISH MAKING:SURE THAT THESE GRIEVANCES ARE HEARD: AND BROUGHT TO THE PROPER ,LEVELS. Vice MayonEck ADDEDHWITHIN:90WAYSI AND THAT THE INFORMATION 'SHOULD PERTAIN TO SPECIFIC ISSUES AND CONCERNS OF ALL CITY EMPLOYEES. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE,25 OF 34 City Manager George Hoffman commented ,he thinks that every issue that would come: up 'could be:of concern to all employees. :He thinks they will need to figurEout•a:process that will work at the departmental level,and they will need to takEsome time to look at something that will, work in the ,police department: specifically :and work for the organization:He asked :if that is what his motion includes. Vice Mayor Eck stated that is what he said. CouncilMember Dietz SECONDED THE MOTION. VOTE:Unanimous. The,motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman: reconvened the meeting. NEW BUSINESS PROPOSED ORDINANCE NO.1205,PLANNED , DEVELOPMENT MAJOR AMENDMENT,CASE'PZ-7-04, REQUEST BY .OS PROPERTIES;LP TO AMEND THE • PLAN OF DEVELOPMENT OF SUPERSTITION LOOKOUT RV RESORT )Associate.PlannerSteve=Abraham briefed the council on the item:The resort is located at.1371 E.4th Avenue.This request is to allow,for the construction of a 3,500 sqJt. clubhouse facility,inch:ding a meeting hall,food warming and dining :area,: and restrooms.It will be constructed on: four discontinued recreational vehicle spaces: .It will be: centrally located Off the main drive of the,park. He gave a:brief development history of the park.A key issue is the:size of the expansion.The original development plan approved ,a COOO'sq.ft: existing clubhouse requiringJour parking spaces;the new 3:500 sq.ft. proposal would require 35 parking spaces for a grand total .of 39 'parking spaces.The applicant submitted a:letter inditating:the proposed expansion REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 26 OF 34 is for park residents only,park activities are limited to residents only with no market days -type activities,and requested reduced parking requirements.Staff has reviewed the request:because of the size of the park and its functionality by inside the park residents only,staff agrees with the applicant's request to ask for a parking waiver.The proposed facility will serve as a new meeting hall and the previous facility will be partitioned into smaller rooms for exercise rooms and card rooms.An engineering plan will be required to determine the retention area of the site:that plan will also indicate the location of street lights to be installed along 4th Avenue and Cactus.A landscape plan will have to be reviewed by staff to insure compliance with Ordinance No.940 on the exterior boundaries of the park.Several stipulations have been included.All pertinent conditions of Ordinance Nos.115 and 209 are still in full force and effect.The final development plan shall substantially conform to the submitted conceptual site plans.The elevations will be of southwestern character and will be provided to council at the next meeting.Stipulation No.4 concerns an offsite large billboard directional sign on the large parcel to the east of the park which had been placed there by previous owners.The stipulation requires the sign to be removed prior to the issuance of permits for the new facility.All parking spaces will be paved and properly striped and of the correct size.All recreational facilities are to be limited to residents only:any activity offered the general public will require a major planned development amendment request. Councilmember Waldron asked if the offsite billboard was nonconforming. Associate Planner Steve Abraham stated i t is.And i t is in a location that would not be approved today. Councilmember Insalaco asked if jam sessions would only be for park residents. Associate Planner Steve Abraham stated that is correct.The applicant stated that they do not offer events to the general public at large or to bring people in off the street to engage in inside the park activities.The planning and zoning commission unanimously voted for approval with all of the stipulations. Mayor Coleman closed the discussion and moved on to the next item. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 27 OF 34 DISCUSSION AND POSSIBLE RESOLUTIONS TO BE SUBMITTED FOR CONSIDERATION BY 2005 RESOLUTIONS COMMITTEE OF THE LEAGUE OF CITIES AND TOWNS )City Clerk Kathleen Connelly briefed the council on the item.This is the annual effort to put some resolutions to be submitted to the League Resolutions Committee.In the past the council has done school development fees,urged Congress to provide funds for cities and towns to comply with new arsenic standards,and urged the state legislature and Congress to support highway landscaping funding equity. There has been a change in the process this year.The resolutions,in order to go forward,must have the support of at least one other city.Also,the committee hearing will be held at the League conference instead of prior to the conference.She suggested they contact their counterparts in other cities to see if they will support any resolutions they wish to submit at the next meeting;the track record for the city is not very good. Vice Mayor Eck commented Councilmember Dietz is the only one with a successful resolution. City Clerk Kathleen Connelly commented that was on the street lighting issue. Vice Mayor Eck asked if this would be the place to address State Trust Land. City Clerk Kathleen Connelly stated she believes they look for things that the municipalities can actually accomplish. Mayor Coleman commented i t is for items that they want them to lobby the legislature on the municipalities' behalf.They need to be regional in nature.That is why they are asking for two cities to sponsor a resolution.They are trying to cut down on some of the resolutions that only benefit one city. City Clerk Kathleen Connelly stated she spoke with Cathy Connolly of the League last week on the State Trust Land legislation proposed and was told the League was taking a neutral position because there were members who were opposed to the legislation. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 28 OF 34 City Attorney Joel Stern commented they look at politically sensitive issues;if they do not think it will pass, they will not put the resolution on.I t is an appropriate forum,however. Vice Mayor Eck commented he does not think i t is going to go anywhere with their forum. City Clerk Kathleen Connelly stated there is a committee that is going to be pursuing it. Mayor Coleman stated there is and were some problems with that legislation as proposed.There were changes that needed to be made. City Attorney Joel Stern stated i t . is,however,an appropriate forum.I t is just how much support is there,and politically what will happen with it.It could be brought up,but it may go nowhere. Vice Mayor Eck asked if you would propose i t the way i t is and find another city to sponsor it.He asked what the deadline is to submit a resolution. City Clerk Kathleen Connelly stated it will be on the next agenda.There is a sample of the form in the packet. She can usually work some of that out,but if it is something that involves a lot of research,she has only a ten day window from the next council meeting to the deadline for submission. Vice Mayor Eck commented he would discuss i t over the next couple of days. City Clerk Kathleen Connelly stated there is nothing that precludes the mayor,on behalf of the city,from joining with other cities as these resolutions come up.The League chart gives the 2004 resolutions and their final status.I t lists the cities that partnered or joined in on some of the proposals that went forward. Mayor Coleman commented he appreciated Councilmember Waldron serving on the committee last year.He will be doing i t himself this year because of the new process.He wants to REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 29 OF 34 see how it works.The pre -conference meeting will now be held at the conference and the final adoption will be in November.This moves the final adoption date closer to the legislative session..In the past one person would talk about their resolution and then ten other cities would jump on and say they want to do it;i t took forever to .do that.'This time they are asking them to find:one other city:W'coTsponor to make sure i t is more than one city interested in it.They are asking other cities not to jump on as a sponsor,but tb let:it be discussed and voted on.Keno Hawker has been asked to chair the committee this year and hopefully keep it moving.There have been marathon sessions in the past. There was general discussion on the pre -conference meeting and past resolution submissions. Mayor Coleman commented -there is nothing that constitutes what a city's support of a resolution is.He is not sure if the resolution to be considered from another city has to be approved only by the mayor or by the entire council.There has been discussion,but i t has been left wide open. Councilmember Waldron commented people just jumped on in the past to support a resolution without consulting anybody. City. Clerk Kathleen Connelly commented that if anyone has any ideas for resolutions,they should contact her within the next few days.The window on this is very short. Mayor Coleman commented he believes another reason for the deadlines and things is so that they could focus on the core concerns rather than some of theones-thatThave-been on for discussion previously.He then Closed the item as there was no further discussion. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 30 OF 34 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 19,2004:IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY.JULY 20,2004, IN THE CITY CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous._ The motion carried. INFORMATION AND REPORTS Councilmember Sippel stated they had a great fireworks show. Mayor Coleman announced they had a Central Arizona Association of Governments meeting a week ,ago Friday which was. very well attended by our city.Bryant Powell,Amy. Malloy,Vice Mayor Eck,Councilmember Milkey and he went;the city received an award. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:08 p.m. Consent Agenda Items are as, follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 1,2004. 3.Acceptance of Minutes of Special Meeting of June 15,2004. 4.Acceptance of Minutes of Regular Meeting of June 15,2004. REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 31 OF 34 5.Consideration of Resolution No.04-12,Quarterly certification of Magistrate Court collections for period ending June 30,2004. 6.Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for FY 2003-04. 7.Consideration of renewal of contract with Baker & Taylor,Inc.to purchase books,audiovisual materials and related services in an amount not to exceed $136.015 annually.(This is the second of four possible one-year extensions.) 8.Approval and authorization for City of Apache Junction to enter into a lease agreement with Avaya Financial Services for a telephone system upgrade from "Proprietary Unix Platform"to "Standards Based Linus Platform"at a total cost not to exceed $8,048.44 per month. 9.Consideration of Award of Bid for Project No.PR -04-01,Food Service Equipment for Multi -generational Recreation Center,to Southwest Design & Supply Co.in the total bid amount of $139.345.(The City has been awarded a Community Development Block Grant that will provide approximately $115,000 of this amount.) 10.Authorization for Presiding Magistrate and City Attorney to formalize Professional Service Agreements for Attorneys of Indigent Defendants for Kirk V.Karman at a base compensation of $12,000 per year,William J. Pearlman at a base compensation of $12,000 per year,and Scott McAlister at a base compensation of $7,680 per year. 11.Authorization for Presiding Magistrate and City Attorney to negotiate and enter into two contracts with Community Service Associates,Inc.and National Traffic Safety Institute for the provision of Defensive Driving School coursework. 12.Consideration of Reappointments of Board Members Patricia Richmond,Dan Austin,and Cliff Axt to Superstition Mountains Community Facilities District No.1 Board of Directors for 6 -year terms expiring July 7,2010. (All their present terms of office expire on July 7,2004.) 13.Consideration of Award of Bid for Project PW 2004-11,Construction of road improvements to Superstition Boulevard in front of the new City Hall Complex (includes construction of concrete sidewalk,curb and gutter, REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 32 OF 34 sidewalk ramps,concrete valley gutter and apron aggregate base course, removals and related improvements)to G & G Construction Company in the amount of $65,000 plus 10%,or $6,500,for unforeseen changes for a total not to exceed $71.500. 14.Consideration of Award of Bid for Project PSN-04-3003,Purchase of Educational Training Robot for use in Gun Safety Program,to Coco's Robot Inc.in the amount of $24,500.(The City received a Project Safe Neighborhood Grant [PSN]in the amount of $15,000 and is requesting approval to utilize $9,500 of City matching funds to purchase the training robot.) ACCEPTED THIS 20TH DAY OF JULY CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20111 ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 33 OF 34 2004,BY THE MAYOR AND DAY OF JULY ,2004. DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of July,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of July,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 6,2004 PAGE 34 OF 34