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HomeMy WebLinkAbout2004-07-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 20,2004 The regular. meeting of the City Council of the City of Apache Junction, Arizona,was held on July 20,2004,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 Sippel gave the Invocation. PLEDGE OF 'ALLEGIANCE • Mayor Coleman -led ,the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman. Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Sippel Councilmember Waldron Staff Present: Others Present: REGULAR MEETING OF THE JULY 20,2004 PAGE 1 OF 25 (Councilmember Milkey was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Public Works Director Doug Dobson Development Services Director Rudy Esquivias Acting Lieutenant Troy Mullender CITY COUNCIL Associate Planner Steve Abraham Grants Specialist Roger Hacker CDBG Administrative Assistant Melinda Larson Business Advocate Roy Hunt ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT THE EXTENSION OF CONTRACT NO.PW 2003-06 BETWEEN THE CITY OF APACHE JUNCTION AND MAXWELL PRODUCTS,INC.FOR CRACK SEAL MATERIALS FOR FISCAL YEAR 2004-2005,ENDING ON JUNE 30,2005,IN AN AMOUNT NOT TO EXCEED $15,000,BE APPROVED:AND THAT THE EXTENSION OF CONTRACT NO.PW 2002-24 BETWEEN THE CITY OF APACHE JUNCTION AND SPECIALTY CONTRACTORS OF ARIZONA FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY FOR FISCAL YEAR 2004-2005 IN AN AMOUNT NOT TO EXCEED $30.000,BE APPROVED:AND THAT THE APACHE JUNCTION OPEN SPACE PLANNING TASK FORCE RECOMMENDATIONS REGARDING OPEN SPACE BE ACCEPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating August 1,2004, .as "National KidsDay"and presented it to Boys & Girls Club President Sandie Smith.Mrs. Sandie Smith stated the club representatives are grateful that the city focuses on children.She added the commitment to our youth the council and community shows is heartwarming.This commitment stops a lot of the things seen in adults that did not have that early care or a place to go.She then introduced incoming president Dodie Doolittle.Ms.Dodie Doolittle thanked the community and the council for supporting all of their events. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 2 OF 25 CALL TO THE PUBLIC Mr.Roger Hacker,1001 N.Idaho Road,Apache Junction,addressed the council to thank the council for their support over the last two years for the Open Space Task Force.He also thanked the members of the task force for their work.He stated he had an official copy of the report for the mayor and that the members of the task force in the audience would like to have their picture taken with the mayor. CITY MANAGER'S REPORT City Manager George Hoffman stated the city's application for the State Special Projects funding for the vans to assist the human services agencies in the community was rated number one out of the twenty-one proposals rated. He stated i t is a credit to Melinda and Roger,and is reflective of their philosophy and belief in the ability of citizens and power of citizens to focus on something and to make i t happen.The repeated success in our grant area reflects their ability to capture that and present it to the funders. He added he has been elected to the Arizona Municipal Risk Retention Pool Board of Trustees.The term is for four years.This is who provides the city's liability insurance.He believes it will be valuable to our organization to have representation on the board. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1206,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 Planner Steve Abraham briefed the council on the item.He stated the property is located at the southeast corner of 4th Avenue and Cactus.The park consists of three pieces,and he gave a brief history of the park.The owner would like to expand the centrally located recreational area.The clubhouse expansion is significant over the previously approved site plan.He distributed the elevation of the recreational building.A variety of stipulations were included by the commission upon recommending favorably of the request.The stipulations require all three parcels to be combined into one parcel for the park,the developer shall remove the outside billboard directional sign located on Pinal County Assessor No.101-22-18B,and all the construction REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 3 OF 25 shall be done in compliance with applicable codes and ordinances.The developer did remove the sign about a week ago.The plan must substantially match the submitted plan.The recreational facilities shall be limited to park residents only.Any activities offered to the general public will require the processing of a major planned development amendment.This stipulation was included because the park owner is attesting that the recreational facilities will not be used by outside park residents.I t is key because a portion of the request is related to the reduction of the required parking.The parking spaces on the plan are gravel:there is a stipulation requiring those to be paved.A full landscape plan and engineering plan will have to be submitted along with the permit due to the size of the expansion.The stipulations were reorganized and clarified after the work session;he handed out the revised ordinance to the council. Mayor Coleman asked if the applicant had seen the revision. Associate Planner Steve Abraham stated he has not.They have the same content,but they are worded differently.He then gave the applicant a copy of the revision. Mayor Coleman asked i f i t materially changes any of the requirements. Associate Planner Steve Abraham stated i t does not.The changes were a re -ordering. City Attorney Joel Stern stated they are renumbered,some of the adjectives were taken out,and some minor clerical issues were addressed,but they are basically the same thing. Mayor Coleman requested the applicant address the council. .Mr.Scott LaRose,1700 W.Shiprock Street,Apache Junction,addressed the council.He stated he had just been handed the revision but i t appears to look substantially like what had been talked about. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 4 OF 25 'Ms.Rita Willett,467 S.Tomahawk, Apache Junction,addressed the council.She asked if this is being built: inside the park.She is concerned about the vacant land on the corner. Associate Planner Steve Abraham stated i t is being built inside the park just south of the existing recreational area. Ms.Rita Willett asked if the park owner had purchased the empty land next to it. Associate Planner Steve Abraham stated they own the land. Ms.Rita Willett asked if they are ever going to fence that.They are having- problems with people having parties and leaving beer bottles:: on theproperty.She asked if anything would ever be done with that land.She has .had to pick up beer bottles-,beer cans and garbage as she lives:across the -street from it. Mayor Coleman closed the public hearing with no one else wishing to speak.He requested the applicant to come back up and asked if they had plans for the vacant land. Mr.Scott LaRose stated they have no development plans for i t at this time.It was .purchased along with the RV resort itself.It was tackecion. Vice Mayor Eck asked if he knew how i t is zoned. JMr.Scott LaRose stated i t is zoned multi -family.He was not aware of any serious problems there.The managers on the property can always be notified of what is going on.As land owners,_ they are responsible for -what happens, on the:land,and if they need to cloa better job on that,they will:He does not know if fencing would look very good,He does not believe that would solve ,the problem as kids will hop fences: Councilmember Insalaco asked if he was under any obligation to do anything because he owns the property. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 5 OF 25 City Attorney Joel Stern stated thereHs no stipulation that forces him to do anything legally. Councilmember Insalaco asked if he was breaking any laws by having a bare piece of land there. City Attorney Joel Stern stated he is not.He would be if it becomes a code compliance issue.He would be notified and given due process to clean up the area if it is on the property_ There is no other obligation to do anything with it. Vice Mayor Eck asked the applicant if he would have a problem working with staff to address the issue of the vacant land to create a solution. Councilmember Dietz suggested Ms. Willett get with the property manager. Mr.Scott LaRose commented that is a good idea.I t is -in their best interest as they do not want trouble on thatipiece of land. Councilmember Dietz commented they: would _want to -be good neighbors and work together. Ms.Rita Willett stated she did not- wantto cause a problem There is not even a.no trespassing sign postedr there.She added,that over the weekend there was a .fight on the corner late at night.She repeated she did not want to cause a problem,but was trying. to find a =way:of stopping this. Mr.Scott LaRose commented he is glad she brought i t up.They will be happy to work with her on it.I t is _ important to them,also. Mayor Coleman closed the discussion and called for a motion. Councilmember Sippel MOVED THAT ORDINANCE NO.1206 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 6 OF 25 Vice Mayor E(I(SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City ClerklKathleen Connelly read the ordinance by title only. CouncilmeMber Sippel MOVED THAT ORDINANCE NO.1206,AS READ BY THE,CITY CLERK,BE APPROVED.. MOTION. VOTE:Unanimous. The Motion carried, Councilmember Dietz SECONDED THE MEDIACOM CABLE LICENSE RENEWAL •) •)City Attorney Joel Stern briefed the council on the item.He stated he was involved in drafting the amendment to the cable system agreement.The council does not have that before them as i t is still in draft form.The representative from MediaCom is in attendance and should be given the opportunity to speak.He commented they are extending the agreement out another five years with an additional five year renewal option.They are more clearly defining what an audit is and what the costs associated with an audit would be,up to $25,000,over the next five year period.They are identifying the buildings for service drops,which had not been done before.The buildings identified have been the new city hall and the multi -generational center.They are adding an obligation for .a new state-of-the-art optic transmission system compatible with current industry standards.They are clarifying six single mode fiber connections. Mayor Coleman requested the applicant address the council. Mr.Peter Kwam addressed the council.He commented they have had good discussions over the last couple of months on the revisions to the renewal.I t is currently with his legal department,and he was notified today of its review.He will be setting up a REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 7 OF 25 meeting next week to go over the revisions by his legal department.He feels competent it will be well received. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing.As this was a discussion item only,he closed the item. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FISCAL YEAR 2004-2005 )City Clerk Kathleen Connelly briefed the council on the item.She stated this was discussed last night. I t is an annual request by the Chamber of Commerce in response to City Ordinance No.659.The ordinance allows the city to provide funding to nonprofit entities.The Chamber has met the criteria by providing all of the back up documentation as well as following the procedures for the year prior to.They are requesting $40,000,which is the same amount requested for at least the last 2 years.The funding is for visitor center services. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Vice Mayor Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE:THAT WE GRANT THEM THE $40,000 TO OPERATE THE VISITOR CENTER IN 2004-2005. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 8 OF 25 City Clerk Kathleen Connelly stated she will bring back an agreement to the council at the set of meetings in August so that it may be formalized. Mayor Coleman asked if she would be drafting an agreement. City Clerk Kathleen Connelly stated she and the city attorney have been working on it. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT WITH APACHE JUNCTION MAIN STREET PROGRAM FOR FISCAL YEAR 2004- 2005 )City Clerk Kathleen Connelly briefed the council on the item.She commented this is a similar request from the Main Street Program.She stated this had been discussed last night, however,she had forgotten to mention an issue with regard to their request for an additional $8,000 for the Octoberfest.As part of their budget for this year,the council had approved the Octoberfest as a special event.In doing so,the council had agreed to provide in -kind services.Those generally include barricades from public works,tables and chairs from parks and recreation,and staffing from the police department,public works and parks and recreation.The city is already providing an additional level of service for that event that had not been provided a year ago.To do both, the in -kind and an additional $8,000,would appear to be redundant and i t is something the city has never done before.Main Street has requested their basic $32,000,the same as last year,plus the additional $8,000.There has not been an increase in the contract since 1998.Main Street does not charge membership fees,unlike the Chamber of Commerce.Main Street has a 4 -point program including design,promotion,organization and economic restructuring. She suggested that if they choose to increase the $32,000,that amount should be specifically earmarked for something related to the downtown promotion, such as their downtown promotion piece,website development,public art in REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 9 OF 25 the downtown-,or a newsletter:I t should be a specific hard cost versus staff costs.It would not be -an ongoing expense in the form of:staff salary or insurance if they chose not do:the'amount next year.They can craft the contract to state i t is $32,000 plus whatever additional amount for these expenses.If those expenses are not realized,the additional money is not provided. included in the budget. they had included up to $40,000. Mayor Coleman asked what amount was City Clerk Kathleen Connelly stated Mayor.Coleman asked what the in- kind contribution amount was for Octoberfest. City Clerk Kathleen Connelly stated she did not know.Jeff Bell usually tracks that.This is the first time they will be doing it. COuncilmember Dietz commented last year was sprung on them late. City Manager George. Hoffman stated the council had authorized a higher level- of services than what:was provided last year, City Clerk'Kathleen Connelly stated they havealso added events such as the mini -marathon;which will be run -on city streets in the,downtown area: -City Manager George Hoffman - commented ,i t is double allocating, 'as the city clerk pointed but.I t is economic development.If the council chooses to fund it,specifically for downtown economic development;they might want to _stipulate that so that other events such as Lost Dutchman Days canbe told they will not do a cash outlay toithem.Their focus is to.support in-kind,and they specifically want to do:events that augment and support the development of the downtown. They .could 'articulate a policy :consideration of why they are doing what they are doing. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2.004 PAGE 10 OF 25 Councilmember Dietz commented i t would be for projects that promote the development of the downtown. Mayor Coleman requested Cliff Axt address the council regarding Main Street. Mr.Cliff Axt declined,citing he was not a member of the Main Street board.He thanked them for their support as he will be the new president of the Chamber next year;He will look forward to working with the council.He thanked them for the financial support and their cooperation. Mayor Coleman commented he liked what the city clerk and city manager had indicated.He does not mind increasing their funding to what had been budgeted :for and providing the in- kind for that special .event. Vice Mayor Eck commented he is concerned that Main Street and the city are on the same page.They are funding this and he is not certain they are both going in the same direction on Main Street. •City Manager George Hoffman stated he is seeking to work at the administrative level with our economic development partners.He has initiated.a dialogue about respective roles and focus for the development of our economy, in the city.He thinks they need some clarification on vision,goals,and respective roles and a dialogue on what that work plarishould be.He does not think they are at odds,but he does not know if everyone is pulling in the same -direction.He thinks they should have discussions about that periodically. Vice Mayor Eck commented he would like to see some additional form of communication to see what direction Main Street is going and if the city is in agreement with that:He asked if they were setting any direction for Main Street. Councilmember Sippel asked if Main Street had been invited to the meetings last night and today. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 11 OF 25 City Clerk Kathleen Connelly stated she personally spoke to the executive director of both the Chamber and Main Street. Councilmember Sippel stated he does not want them to think that this is always a given every year.They need to work on their communication with Main Street.Main Street has said things and the city has said things.He does not want them to think that the $40,000 and $32,000 are givens every year. Councilmember Dietz commented the city manager has been in contact with Main Street and the Chamber on getting together and going over things. City Manager George Hoffman commented he has also been involving the CDC.They are an emerging organization. Councilmember Sippel stated he is concerned because $72,000 is a lot of money. Vice Mayor Eck commented it may even be $80,000 this year.He added they need a different mechanism of communicating.He is going to a board meeting Thursday to find out what is going on with Main Street.He suggested a quarterly update so that they know what type projects are being worked on. City Manager George Hoffman stated he has been honored to serve as an ex -officio member of the Chamber board of directors,and a quarterly update has been dialogued there.He would like to broaden that to include Main Street and CDC.He believes they collectively have within the community and those organizations a very talented group of people.I t is good to make sure the lines of communication are open when working with other parties and that there is a shared vision.If the vision is not shared,there should be discussion about what the vision and work plan should be and who should do what by when. Councilmember Dietz stated i t is a shame they were not here this evening. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 12 OF 25 City Clerk Kathleen Connelly stated some of the longer -tenured members of the Main Street board have expressed some concern at their meetings that they are getting away from their 4 -point program.They have asked to have a meeting for the board members where they will go back to looking at what their 4 -point program is,educate the newer board members,and make sure they are following the federally mandated program,if they are to continue to be called a Main Street Program. Councilmember Sippel asked if they could continue the funding.His concern is that they go from $32,000 last year to $40,000 this year and drop back down to $32,000 next year.Once people are given money,they start to budget on the $40,000 and they might do that for next year.He does not want to have to pull it out and have them lose something they were going to start working on. City Manager George Hoffman commented he believes that is what the city clerk is concerned about,that i t is a special event.I t is a policy choice far the council.He thinks that with the budgetary challenges that they may face in the coming years,the best way to address that would be to partner with the business community to develop the local economy.I t is a longer term strategy that he believes they need to invest in. Councilmember Sippel commented they do not know what the in -kind costs will be because i t is the first year. City Clerk Kathleen Connelly stated they do not.Last year there was the Taste of Apache Junction,which also included some restaurants from outside of Apache Junction,but i t is expanding to add more events.She does not believe the city staff has a handle on what the costs might be. Councilmember Sippel commented they could end up getting $8,000 here and another $10,000 in in -kind. City Clerk Kathleen Connelly commented that is entirely possible.She stated if they have a concern about building i t in so that i t is automatic every year,they could earmark i t for a specific function or product connected with the downtown. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 13 OF 25 Councilmember Waldron asked if the requests from Main Street and the Chamber are received before the budget is finalized. City Clerk Kathleen Connelly stated they are.They have to file it by January 31,2004,under Ordinance No.659 for Fiscal Year 2004-05.She lets Keith know what the request is and he builds i t in.I t is ultimately up to the council if they wish to go to that level. Mayor Coleman commented that what staff is asking for tonight is to draft an agreement. City Clerk Kathleen Connelly stated she would need a dollar amount,if it would a hard and fast dollar amount or up to a certain amount or a certain amount with an additional amount with conditions attached to it.She needs that information in order to craft an agreement. Councilmember Dietz asked if they could just do i t for up to $40,000 for projects that promote the development of downtown for Fiscal Year 2004-05. City Manager George Hoffman stated it would probably be helpful if they gave some basic direction on their request,such as what they like,what they do not like,or a different pot of money for non-Octoberfest.They have asked for $8,000 for Octoberfest. Councilmember Dietz commented they are not going to give them $8,000 for Octoberfest because they have the in- kind that they are doing for the Octoberfest. that is a policy choice of the.:council.. would only be giving them $32,000. City Manager George Hoffman stated Vice Mayor Eck commented they then City Manager George Hoffman commented they have asked for more,but if the council did not want to grant that request they could then fund them the $40,000. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 14 OF 25 Councilmember Dietz commented they could fund ,them-the $40.000 because they haveteen at $32,000 since 1998. City Clerk Kathleen Connelly asked if they would be comfortable on giving that without giving direction,as some of that may go towards staff salaries. Vice Mayor Eck-stated .he was not. Councilmember Dietz agreed.He stated it would be for downtown related projects that would promote the development of a downtown.That is specific,and_it is not staff. Councilmember Sippel stated i t is not staff.He commented he does not want tote the bad guy next year when they can only get halfway through a project because the city cannot,afford to give them another $10,000 or $8,000.That is his,concern. Vice Mayor Eck 'asked if he meant that they give the $40,00_0 plus the in -kind contribution. Councilmember Sippel commented he meant.that'if they give them the $40,000 this year,and then give them the in -kind,but next year's budget may come in and, they May be only able to give them the in -kind.They have already started -a project with this $8,000 and they need another $4,000 to finish it.They now'have_a project that cannot be finished because the city does not have the money to give to them next year.They would be giving them the $32,00.0 plustheextra resources they need for the Octoberfest,and they originally -asked for the additional $8,000 for the Octoberfest.We are already giving ,themfthe extra resources for the Octoberfest so he does not think there needs to be any .increase -at all.They are already helping them out for specifically what they wanted the $8,000 for,which is the Octoberfest.They are just doing i t in -kind. CounciTmember Insalaco commented he thinks they should just fund them the $32,000 as theyihave been doing .and let them know that the $8,000 is there i f i t is needed for non-events.It would be for a project that needs to be done this year,or one that they want,that it would not happen again next year. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 15 OF 25 Vice Mayor Eck commented he would personally give them the $40,000. Councilmember Dietz asked how they could give them the $32,000. Councilmember Insalaco stated they would give them the $40,000:,but, let them know the extra $8,000 is for specific projects. Councilmember Dietz agreed. Councilmember Insalaco commented he cannot understand what all this extra talk is about.I t is for specific projects and it could be continued next year. Councilmember Dietz agreed.I t is for specific downtown -related promotional development:It will not go to any other projects or any kind of staffing.It must be tOwards the development of downtown. Vice Mayor Eck commented they are saying it will be more like $45,000 with the in -kind contribution. Councilmember Sippel stated he understands what the other councilmembers are talking about,but Main Street asked for the $8,000 for ,the,Octoberfest,nothing else.He thinks they are saying that they will give them the extra staffing for the Octoberfest and they will give them $8,000 more for something else downtown:They are giving them two things. Councilmember Dietz commented they are not giving them staff: they are just providing barricades and such. Councilmember Sippel stated they are giving them police: staff. City Clerk Kathleen Connelly agreed:they are giving themipolice staff hours. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 16 OF 25 Councilmember Sippel stated they will be getting man hours.They will be getting substantial staffing. Councilmember Dietz added they are also getting parks and recreation staff.They are paying for the public safety staff. Councilmember Sippel disagreed.He stated his understanding is that the city is paying for our public safety staff. City Clerk Kathleen Connelly commented they should have Doug Dobson address this issue.She usually does not do the. cost analysis of special events,but he is involved in that with Jeff Bell. Public Works Director Doug Dobson commented they furnish them with manpower and barricades.They also take down the barricades. Assistant City Manager Bryant Powell coMmented the parks and recreation department does something similar with their manpower. Councilmember Sippel commented they would be setting up all the tables and chairs with our people and the city is paying for all of that.The city is giving them that extra resource for the Octoberfest,which is what they wanted that extra money for anyway.He does not want to give them another $8,000 and have them start another project because they have $8,000. Councilmember Dietz asked if they could table this item until they could get a Main Street board member here. Councilmember Waldron agreed. Councilmember Sippel stated they were invited. Councilmember Dietz commented they could table i t until Main Street gets someone here. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 17 OF 25 City Clerk Kathleen Connelly asked if they wanted to continue it to the meeting in August. Vice Mayor Eck commented he could mention something at Main Street's meeting on Thursday that they might want to really have a board member here. City Attorney Joel Stern commented they may want to continue i t rather than table it. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck MOVED WE CONTINUE THE PROFESSIONAL SERVICES AGREEMENT WITH MAIN STREET TO THE AUGUST 16 MEETING FOR DISCUSSION AND AUGUST 17 FOR DIRECTION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTINUATION OF ENABLING TRANSPORTATION PROGRAM FOR FISCAL YEAR 2004-05 )City Clerk Kathleen Connelly briefed the council on the item.The council funded this program as a pilot program starting January 2004.I t has been tremendously successful.The first month mileage reimbursement was 141 miles;i t is now in the area of 3,400 miles.A wide variety of citizens are using it,going up to age 90. These people are doing their business and i t is a good benefit for them to physically leave their homes and do something themselves.The proposal to continue i t for the fiscal year is $30,000.The finance director has advised this could come out of HURF funds as opposed to human services funds;that is why the line item for human services is only $80.000.If the council wishes to continue the program,she will work with the city attorney to formalize a proposal based upon what they currently use with the City of Mesa.The program has been wonderful and she is sure that anyone who has used it would state i t has been beneficial.It would be hard for the city to set up its own transportation program for $30,000. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 18 OF 25 City Manager George Hoffman commented i t is well and good that the finance director pointed out that they could use HURF funds,but the public works department has not been asked what that does to their budget.He added they could ask them if council wanted to know. Vice Mayor Eck commented he wondered about that last night when he saw it was HURF funds. stated they are stretched pretty thin. money is in contingency. i t is. Public Works Director Doug Dobson Councilmember Dietz asked if the City Manager George Hoffman stated Vice Mayor Eck asked if $30,000 would affect the street funds if it was taken out. Public Works Director Doug Dobson commented it would amount to three miles of chip seal. Vice Mayor Eck commented he would rather do it out of contingency if the funding is available there. There was general discussion as to whether they would have to designate where the money is coming from. City Manager George Hoffman commented i t is a great program and if the council wants to fund it,they should give that policy direction.If staff needs to do any cutting back for funding,they will do that. City Clerk Kathleen Connelly stated part of the motion when this is brought back to the council in contract form will be to use contingency funds for that amount if their preference is to use contingency. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 19 OF 25 Vice Mayor Eck commented he thinks i t is a great program.He would like to:go from another source and still fund i t since they continue to get complaints on the dirt roads and dust. Mayor Coleman agreed. City Clerk Kathleen Connelly asked if they are looking at the human services line item.They received $190,000 in requests andAhere is only $80,000.' Vice Mayor Eck commented taking $30,000 from that would be almost half. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION ON CONTINUATION OF ENABLING TRANSPORTATION PROGRAM ("ET")FOR FISCAL YEAR 2004 205:THAT THE PROGRAM BE CONTINUED AND FUNDED AT THE LEVEL OF $30,000 TO BE USED OUT OF CONTINGENCY FUNDING. Councilmember Dietz SECONDED THE MOTION. City Manager George Hoffman asked if they need to say out of contingency at this point. they can bring i t back. if it could say "if -needed". MOTION TO ADD "IF NEEDED": AMENDMENT TO THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 20 OF 25 City Clerk Kathleen Connelly stated City Manager George Hoffman asked Councilmember Waldron AMENDED HIS Councilmember Dietz SECONDED THE The motion carried. CONSIDERATION OF RESOLUTIONS TO BE SUBMITTED TO LEAGUE OF ARIZONA. CITIES AND TOWNS 2005 RESOLUTIONS ICOMMITTEE )Mayor Coleman commented there is an item included in the packet brought forward .by the vice mayor. Vice Mayor Eck stated he put the pocket electric scooters issue in this item.He commented they started as scooters but now they haveia motorcycle form.They have two-stroke engines on them.Some can go as fast as 40 to 45 miles per hour.They are going to _ be a problem. Councilmember Insalaco commented they are motorcycles. Vice Mayor Eck commented that they are being sold at Checker Auto,Auto Zone and Peplioys.They are pushing hard on them.Other cities are also having problems with them.There have been two: severe accidents with them.This is :a Safety issue and he is requesting they do-something at the state level as every town and city would be battling to come up with something.He thinks it would be great if they cOuld do something through the state.There was.a meeting in Chandler put on by the police department discussing this item and.the problems they are having.Every city and town in the valley was invited,and some good information was received.Chandler.Councilmember Sepulveda has stated he would -be glad to support the resolution.They need to determine if they are to be on the streets or sidewalks,and,if on the streets,will they be allowed on arterial streets,and the age..I t is a safety issue. Mayor .Coleman asked what the resolution proposes.He asked if it is general or specific. Vice Mayor Eck commented he did not get specific on it. City Clerk Kathleen Connelly stated i t is in Title 28.The suggestion is to have the state legislature amend Title 28.. and regulate the motor -driven pocket bikes. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 21 OF 25 Councilmember Sippel stated a couple of his students have them and they park them in the bike rack.They ride them to school. wait until September. after Christmas. place for them,but he is not sure where. Vice Mayor Eck commented he should Councilmember Dietz added and also Vice Mayor Eck commented there is a Councilmember Sippel commented he is not going against him.He feels he is absolutely right. City Clerk Kathleen Connelly stated there is another resolution given to the council this evening from Scottsdale.Scottsdale has contacted the city through the grants specialist to ask if Apache Junction would co-sponsor with them a resolution regarding State Land reform. they would want to do that. Mayor Coleman commented he thinks A consensus of the council agreed. Mayor Coleman commented the proposal that went to the state legislature when they were considering the special session had a lot of good points to it.There were some things that absolutely needed to be looked at and changed.He thinks i t is a good idea for the city to support this resolution at this point and leave it to them to work out the details. City Clerk Kathleen Connelly stated those are the only resolutions,and they are very good ones, Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 22 OF 25 Vice Mayor Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING RESOLUTIONS TO BE SUBMITTED TO LEAGUE OF ARIZONA CITIES AND TOWNS 2005 RESOLUTIONS COMMITTEE:ONE WOULD BE FOR LEGISLATION TO AMEND TITLE 28 BY ALLOWING FOR THE REGULATION OF MOTOR -DRIVEN CYCLES.THE OTHER WOULD BE CO-SPONSOR SCOTTSDALE'S AMENDMENT TO THE CONSTITUTION TO THE STATE LAND DEPARTMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz stated the August 2nd and 3rd,2004,work session and regular meeting have been cancelled by Mayor Coleman,and he MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 16,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 17, 2004,IN THE CITY CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck announced he applied for the Governor's Task Force on arsenic issues.There are new arsenic proposals that change the maximum contaminant levels in drinking water.By the end of the year,the task force has to bring back information to the governor consisting of all the avenues it will take to do this,including the technology and the treatments.There is $3.6 billion for grant money,and it needs to be determined who will have rights to that and who will not.He has been accepted under his profession,not as REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 23 OF 25 a councilmember.The only elected officials that will be on the task force are the senate president and the house speaker.He is hoping it will help local water companies get information. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:10 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of July 6,2004. 3.Consideration of Approval of request to extend Contract PW 2003-06 with Maxwell Products,Inc.for crack seal materials for FY 2004-05 in an amount not to exceed $15,000. 4.Consideration of Approval of request to extend Contract PW 2002-24 with Specialty Contractors of Arizona for material and labor to lower and raise manholes and valves at various locations throughout the City of Apache Junction for FY 2004-05 in an amount not to exceed $30,000. 5.Consideration and acceptance of Apache Junction Open Space Planning Task Force's recommendations regarding open space. ACCEPTED THIS 17TH DAY OF AUGUST ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF AUGUST ,2004. DOUGLAS COTEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 24 OF 25 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION T 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 20th day of July,2004.,I further certify that the: meeting was duly called and held and that a quorum was present. Dated this 28th day of July,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 20,2004 PAGE 25 OF 25