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HomeMy WebLinkAbout2004-09-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 7,2004 The regular meeting of the:City Council ofthe:City'of ApachEJunction Arizona,was held on September 7,2004,at the Apache Junction City Cduncil Chambers pursuant to the notice required bylaw, CALL TO ORDER: Mayor Coleman called the meeting to orderat 7:00 p, INVOCATION Councilmember Insal.acogave the Invocation. PLEDGE OF ALLEGIANCE Councilmember -Dietz led the Pledge of 'Allegiance.' ROLL CALL Councilmembers Present! Mayor Coleman Vice Mayor, Eck Council member 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 Public Works Director DougiDobson Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 1 OF 36 Others Present:Associate Planner Steve Abraham Assistant Planner Noel Griemsmann Public Works Manager Shane Kiesow Business Advocate Roy Hunt ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN PINNACLE ONE AND THE CITY OF APACHE JUNCTION TO PROVIDE PROJECT MANAGEMENT SERVICES FOR THE CITY LIBRARY EXPANSION PLAN IN AN AMOUNT NOT TO EXCEED $33,020 BE APPROVED,AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT;AND THAT THE REQUEST TO PURCHASE ONE 2005 FORD EXTENDED CAB PICKUP IN THE AMOUNT OF $17,933.24 AND ONE 2005 FORD RANGER PICKUP IN THE AMOUNT OF $12,077.51 FOR A TOTAL AMOUNT NOT TO EXCEED $30,010.75 FROM FIVE STAR FORD BY USING THE STATE OF ARIZONA PROCUREMENT OFFICE APPROVED VENDOR LIST FOR USE BY THE PARKS AND RECREATION DEPARTMENT,BE APPROVED;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2004-21,LIBRARY ROOF REPAIR,BE AWARDED TO STARKWEATHER ROOFING,INC.FOR THE REMOVAL OF OLD ROOF COVERING AND INSTALLATION OF A NEW ROOF COATING AND RELATED REPAIRS IN THE AMOUNT OF $38,815 PLUS 10% CONTINGENCY IN THE AMOUNT OF $3,882 IN THE EVENT OF UNFORESEEN CIRCUMSTANCES FOR A TOTAL AMOUNT NOT TO EXCEED $42,697. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Gregory Delp,234 N.Palo Verde Drive,Apache Junction,addressed the council regarding problems in his residential area.There is a lot of drug REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 2 OF 36 traffic,there are drug addicts,and he has some issues with some of his neighbors regarding filth.Like other neighbors,he tried to sell out and get out,but the wind changed direction when the buyer was there and the buyer called off the deal.He has now decided to stay and he would like his neighborhood cleaned up.He commented he would probably get to know the council members personally.All of the older people in the neighborhood are scared and intimidated.He has one neighbor here in attendance:six or seven others could not make it.They would like to start a block watch program. When the snowbirds return,there will be about 15 to 20 of them on Palo Verde and Ocotillo interested in cleaning up the neighborhood. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council regarding the cost of raising children.He read an article stating the estimated cost of raising a child from birth to 18 is currently about $160,140,not including college education.He commented on the good things one gets for the money. Mr.David Twigg,711 W.23rd Avenue,Apache Junction addressed the council regarding flooding in his house.He gave the council a list provided to him by the fire district.His house has been getting flooded for 13 years,and he has an eyesore of sandbags in front of his house.The water comes down the street,through his front door and out through his garage.He would like some help in getting the water directed down to the ditch and Southern.He does not want to keep throwing money into keeping sandbags in front of his house. Mr.Steve Bergaila,353 N.Palo Verde,Apache Junction,addressed the council regarding 292 N.Palo Verde,two houses down from him.His family has lived in his house for approximately 25 years.The people two doors down have been there about 15 years.His mother used to call the police many times on that family when she was younger.These people have trash,furniture,and clothes heaped up in their front yard and back yard.The stench is unbelievable. They have rats.Another neighbor went in to try to help to clean up and the rats came up to him wanting to be petted.This neighbor had also tried every government agency in the phone book to get help with this problem.I t has been going on for too long.The neighbor also told him that the court had ordered the health department to get off their backs:there appear to be some politics happening here.He would like to get to the bottom of this and do something about it.If there is a court order on this,then i t is state- sponsored squalor.The church on the block has offered to clean i t up with REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 3 OF 36 volunteers but nothing happened with that.He will be investigating that, too.He repeated that something needs to happen soon. Vice Mayor Eck requested the police chief call Mr.Delp regarding block watch. Mr.Gregory Delp stated he has the name and phone number,he just has not called them as yet.He has been busy at work,but he will be getting on that. Vice Mayor Eck requested staff to contact Mr.Twigg on the flooding problem. Mayor Coleman requested staff try to provide some other type of relief for the Palo Verde problem.There are some issues staff is aware of there. City Manager George Hoffman stated they will consult with the city attorney. Governmental ability to get inside someone's house is limited.They will determine what alternatives exist and if they have been pursued. Mayor Coleman commented i t could be someone who just needs some help. City Manager George Hoffman stated they will pursue all governmental and voluntary alternatives to see what solutions can be put together. CITY MANAGER'S REPORT None. PUBLIC HEARINGS ORDINANCE NO.1207,CASE PZ-8-04,REZONING REQUEST BY E.BOYCE JASPER OF JASPER FINANCIAL GROUP TO REZONE A SINGLE PARCEL LOCATED ON THE EAST SIDE OF MERIDIAN APPROXIMATELY 550'SOUTH OF BROADWAY FROM C-1 TO C-1/PD TO DEVELOP A SMALL COURTYARD OFFICE COMPLEX )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this is a .28 parcel of land.There is one small building on the parcel that will be demolished as part of this plan.The conceptual plan shows two new buildings on the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 4 OF 36 site,each is 1,188 sqft.I t is a small courtyard concept for a financial company.He described the surrounding area.The original building was for a hair parlor,and there have been some issues on nonconforming status.The applicant at that time went through a general plan amendment and rezoned the property to C-1 in 1995.The elevations of the proposed -development are southwestern in style.The planned development is being requested because there are a few accommodations the applicant will need to make this work. They need to locate the parking lot entrance 16'from the property line;the code required 30'.This is a mobile home community so -there is a .fence in the area,so this does not envision -a problem.The code required 12 parking spaces;the applicant is requesting it be lowered.to 11.The triangular- shaped islands will replace a 10'landscape buffer required by code;this allows for their parking accommodations.The landscape architect will be required to landscape these with trees and other screening plants to accommodate the same screening effect that the 10'landscape buffer would have established.They would also like to locate all of the retention in the front.Staff is favorable to the request.Current zoning allows fora lot of uses that would have more impact thana financial firm.Staff recommends approval as i t controls some of the uses to the site,provides a more neighborhood -friendly palette,and enhances the area with new development. The commission unanimously approved the project with listed stipulations. The applicant has a last minute request that did not go before the planning and zoning commission.The site does not qualify for the waiver from the undergrounding of utility lines.The applicant is requesting a waiver. There are power lines along Meridian and the=area.has already been developed. The parcel north of the subject parcel is a smaller parcel that would:qualify for the waiver i f i t is ever developed.The ,engineer is also calling -for a street light along Meridian;it would be the only street light out there. The applicant is also requesting a waiver of the street light.The waivers are being requested due to the additional cost.The applicant's argument relates to:the cost per square foot for the building,i t is a small site and he is not planning to occupy the site.The cost becomes burdensome.The only street lights are those at the intersection,and there are power lines running all the way down.Staff recommends granting the waiver;it would not be appropriate to bring down this little bit of power line to have i t go up again. Councilmember Dietz asked if the latest request was included in the ordinance. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 5 OF 36 Assistant Planner Noel Griemsmann stated i t is not.This is the ordinance that went before the planning and zoning commission.The.staffreport reflects the request to add item 12, which waives the requirements to underground and provide a street light._ Mayor Coleman commented their frontage is 130 feet;if they were 100 feet or less it would be automatically waived. ASsistant Planner Noel Griemsmann stated that is correct. Kayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing -on the item. Ms.Melissa Schmidt,Mesa, addressed the council.She asked.how many people would be working in the , 'building. An unidentified male voice too far away to be clearly. recorded responded. As.Melissa Schmidt asked if the • parking would be adequate for thestaff and any customers. The. unidentified male voice stated . it would be enough parking.(The remainder of his comments could not be recorded clearly due to other voices speaking nearer to microphones.) Ms.Melissa Schmidt asked where people would park if all of the spaces were taken. The unidentified male voice responded but could not be recorded clearly due to other voices speaking nearer to microphones. Mr.Gregory Delp,234 N.Palo Verde,Apache Junction,,addressed the council.He spoke in favor of the building going up in this neighborhood.It would increase the property value and bring their money into the community. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 6 OF 36 Mayor Coleman closed the public hearing and reopened the item to council discussion. Vice Mayor Eck commented they need to revisit the underground utility ordinance.They are getting appeals and he thinks they need to do i t for strategic locations in the community instead of community -wide.They are getting a lot of items that are appealing the ordinance. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1207 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. •Councilmember Waldron MOVED THAT ORDINANCE NO.1207,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT STIPULATION NUMBER 12 AS PRESENTED IN THE STAFF REPORT BE INCLUDED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1213,CASE PZ-9-04,,CITY INITIATED REZONING OF FOUR LOTS IN THE . EVELYN SUBDIVISION LOCATED AT THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 7 OF 36 INTERSECTION OF 1ST AVENUE AND MAIN FROM CR-5 TO CR-3 TO CORRECT AN ERROR ON THE ZONING MAP )Assistant Planner Noel Griemsmann briefed the council on the item.He stated there are three homes located in this little section.The first two lots are zoned CR-5,which is multi -family,on a 1985 zoning map.The 1980 zoning map shows them as CR-3. The 1977 Pinal County Zoning Map shows the lots as being CR-5.Currently i t shows that half of this is CR-5,they all have single family homes on them which would only be allowed by a conditional use permit in a CR-5 district, and the homes were built in the early 1980's when the map showed it was CR-3 and they would have then been a conforming use.Staff would like to change the underlying classification from a CR-5 to a CR-3 to have the section lined up with both the general plan and the uses that are on the site. 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.1213 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. the ordinance by title only. Councilmember Waldron SECONDED THE City Clerk Kathleen Connelly read Councilmember Dietz MOVED THAT ORDINANCE NO.1213,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 8 OF 36 The motion carried. ORDINANCE NO.1214,CASE PZ-12-04,REQUEST BY LEONARD SPRAKER FOR A PLANNED DEVELOPMENT AMENDMENT TO ALLOW FOR A SECOND DETACHED SIGN AS PART OF A RESTAURANT DEVELOPMENT TO ALLOW FOR THE CONTINUED USE OF A NON -CONFORMING BILLBOARD UNTIL THE BILLBOARD LEASE TERM HAS EXPIRED )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this is the site where they are currently developing a Jack -in -the -Box Restaurant and there is future retail pad space available.There is an existing non -conforming billboard on the site,which was required to be moved before the issuance of any detached sign permits for the property.Ordinance No.1168 was a rezoning approved in 2002 designed to enhance the area.Detached signs are permitted,but billboards are not an approved use.The property owner was informed the billboard would have to be removed,and it became an issue with the existing contract with Viacom Outdoor which is valid until 2014.I t cannot be canceled without city action to remove the sign,such as eminent domain or another power.The requirements to remove the sign come out of the applicant's action,not city action.There is no language in the contract for the applicant to get out of the contract.The applicant attempted to buy out the lease from Viacom but they refused.The applicant is requesting permission to keep the billboard in place to honor the contract,not renew the lease,and remove the billboard upon termination of the lease.Ordinance No.1168 will have to be amended to allow a waiver from the sign requirements so that a detached sign permit can be issued.They can also put in some language calling for the removal of the billboard in 2014.The general plan calls for the elimination of unsightly or dilapidated structures to help meet the goal of downtown revitalization and this would be accomplished by putting a termination date on the billboard.The general plan also calls for establishing functionally compatible uses which the overall development project does a good job at.I t is a strong project for that key piece.The general plan also states the city should work with and provide incentives to owners of prime sites.This is an example of give and take between the property owner,the Jack -in -the -Box people,and the city to accommodate cross access to maximize the use of the traffic light in front of Wal-Mart.Staff recommends approval of this request subject to the recommendations that the sign be modernized to blend in better with the new development and mitigate REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 9 OF 36 some of the negative visual impacts..I t is recommended that,the sign company'. replace the maintenance ,board made .of metal and ,replace it with a wood fur to. match the:Jack-in-the-BOx:wrap and stucco the column so that i t appears more masonry in appearance:.and decorate the footings andtaseAo complement the sign package on the site.The other: detached signagemill be towards the- right--of-way along Apache Trail,and there will also be some menu boards which will be wrapped With a stone 'veneer or brick to match upwithAhe structure.The sign along Apache Trail will also bewrapped.The planning and zoning commission unanimously approved the project with stipulations, reflected in the ordinance.. would go away with the lease in ten years. stated that is ..correct. not renegotiate the lease. Mayor Coleman asked if the use Assistant Planner Noel Griemsmann. MayorColeman commented they could Assistant Planner Noel Griemsmann stated they could but they would be irrviolation.of their zoning andAhe city would go after -them with code'enforcement. Councilmember Waldron asked who would be responsible to pay for the improvements ..to the billboard., Assistant Planner Noel Griemsmann. stated they did not specify..That is between the property .owner and Viacom; Councilmember Waldron stated he was concerned that i f it was not done,a certificate of Occupancy would not be issued. Assistant Planner Noel Griemsmann stated that is correct.They would not be entitled to any permits for detached' signage: which would probably upset the Jack -in -the -Box people.. Vice Mayor Eck commented it is up to the owner to make sure it gets done. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 10 OF 36 Assistant Planner Noel Grtemsmann stated that is correct. Vice Mayor Eck commented he likes his suggestion as he -does not believe anyonemants the billboard.there.At least they are making attempts to make it more visual. Mayor Coleman asked how this would be accomplished:in ten years. Assistant Planner Noel Griemsmann stated he has done an Outlook reminder.He added they have several nonconforming billboards on prime development sites that they may have to weigh at different times.He suggested,they 'keep a small map in the office with those marked.Staff will keep an eye on it. Mayor Coleman requested the applicant address the council.. Mr.Leonard Spraker,7836 W. Caribbean:Lane,Peoria,addressed the council.He stated he 'does not represent Jack -in -the -Box;he is the developer.He suggested they have some leeway onAhat,Jack -in -the -Box is expecting to open on October 1 and he does not believe he can get that sign completed by October 1.He has to go badcand address the various requirements with Viacom and:there will be some negotiations with them on who is going to pay for what.He requested some time.to accomplish that without impinging on Jack -in -the -Box. Vice Mayor Eck asked if 60 days would be enough time. Mr.Leonard Spraker stated he hoped he could get i t done by then.They have not been cooperative.They have had their feet in cement on this.They have agreed to do something,but if they will not dolt,then he will have to do it.He wants to have enough time to approach i t in a business -like fashion. City Manager George Hoffman asked if it is not connected to the certificate of occupancy,what would happen i f something catastrophichappens to Mr.Spraker. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 11 OF 36 City Attorney Joel Stern stated they could require a certain amount to be posted with the city,such as a cash bond.If it does not get done,the owner of the property is in violation of the zoning and they could be prosecuted criminally and/or civilly.He could not answer if they could revoke the certificate of occupancy without going into executive session. Spraker if he owned the sign. not. owns the sign. owns the sign,the structure. Councilmember Insalaco asked Mr. Mr.Leonard Spraker stated he does Councilmember Insalaco asked who Mr.Leonard Spraker stated Viacom Councilmember Insalaco asked i f they could get after them for having an unsightly eyesore. City Attorney Joel Stern stated i f the sign is dangerous to the public,such as deteriorating,and is in imminent danger of falling over,there could be a possibility of going after the sign owner.The city would probably have to hire an engineer to look at the sign and there is a cost to do that.Mr.Esquivias has suggested by way of a note a conditional temporary certificate of occupancy.That is a possibility,but i t is subject to revocation.He does not know if the applicant would want that kind of condition as Jack -in -the -Box would be at risk of having to be told they would have to close their doors if the billboard is not up to code.He suggested asking the applicant if he would be interested in posting a bond or a conditional temporary certificate of occupancy. Mr.Leonard Spraker suggested he would like to have a minimum of 60 days to negotiate with them,after which he could post a bond i f i t is not done or if something has not been accomplished by then.He will be appearing before the planning and zoning commission and the council again for another restaurant that wants to come into the location.When the second restaurant comes in,the parcel will more REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 12 OF 36 than likely be divided into two parcels.At that point,the sign will not be on the parcel with Jack -in -the -Box.It will be on another parcel.He estimates he will be appearing again around the middle of October.He would like to incorporate that all together for convenience.If he has to go and do something to "spiff"i t up over and above what Viacom does,he will have to get their permission to do so.He stated he could landscape around the base of it.He would like to have 60 to 90 days to get the sign and the parcel completed.If it is not completed within that time,the city could come back and ask him to post a bond. Councilmember Waldron asked what they would be looking at for the amount of bond. Development Services Director Rudy Esquivias stated it would be an estimate of how much it would cost to make the improvements to the sign,as well as to the other sign.Mr.Spraker can have his contractor or someone else do an appraisal for the cost. Mayor Coleman asked if any language would have to be changed or added to the ordinance,or i f i t could be done administratively. City Attorney Joel Stern stated they could put a term in there if they wanted to add a bond requirement. Vice Mayor Eck suggested 60 days after approval. City Attorney Joel Stern stated the language would say with a bond in an amount to be determined by the development services director. Councilmember Dietz asked if that would be before the certificate of occupancy is issued. that is correct. City Attorney Joel Stern stated Councilmember Dietz commented the bond would have to be taken care of before the certificate of occupancy is done. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 13 OF 36 There was general discussion on when the bond would need to be paid and the certificate issued. Vice Mayor Eck commented they are talking about getting the sign done.He is saying he wants 60 days and then post the bond and the time frame from that point -is questionable.He asked for a realistic time frame at getting this sign completed.He asked if he could have the sign done in 90 days. Mr.Leonard Spraker commented i f Viacom states they will not do it,he just needs permission for him to do it. He has an interest in the parcel,bringing in the restaurants,and making i t look good.He would like Viacom to do as much as they are willing to do.He has had conversations with them as late as Monday and they have agreed to do something,but they do not know what i t is that they need to do.They did not want him to commit for them.He is committing for himself,and he will get i t done.He wants to be able to do it when he understands how the second half of the site will be laid out.It will be similar and compatible with Jack -in -the -Box. Councilmember Dietz asked if there would be a problem with posting a bond before the certificate of occupancy was given.He could have the bond taken care of before then and have the 90 days to do what needs to be done. Mr.Leonard Spraker stated he would abide by that if it is the council's' decision. Councilmember Dietz commented they have been burned in the past,and he is not implying Mr.Spraker would.They would like to get everything out and on the table,and in the paperwork. •City Attorney Joel Stern commented the safest position for the city is to require a bond up front.They could then issue -a temporary certificate of occupancy.The bond would be returned once the sign was completed. Councilmember Dietz commented they could give him 90 days to complete it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 14 OF 36 Mr.Leonard Spraker suggested he would need :something from the city detailing what the city wants done with the.sign.He could then get an estimate and go back'to Viacumwith that information. There was general discussion as to how soon Mr.-Spraker could have that. information. Mayor Coleman opened the public hearing on the -item. Mr.Dan Wald,560 N.Rennick, Apache Junction,addressed the council.He has looked at that side of the Trail for three years and said to himself Apache "Junk-tion'.I t looked like something out of a junkyard;now it is startingto look pretty good.He supported Mr -.Spraker's position and stated it will take at least 90 days to do this.There are other areas further east on the north side that need -to be cleaned up..The cit.vfinally does not look like a junkyard when you enter it.He suggested condemning ,the sign. .Mr.Cliff Axt,10322 E.Breathless, Gold Canyon,addressed the council.He commented :he has had the property listing for over two years.He accepted 11 offers,and Mr.Spraker's offer was the only one that was :accepted_It was basically accepted because he wants to work with someone who will make things compatible for the community, which is what Mr.Spraker has brought to the table.He urged the city to cooperate with him as he is an honest and sincere man. Mr.Gregory Delp,Sun Valley, addressed the council.He is doing the stucco on the job.Mr.Spraker pays his bills and does what he says.The man wants to help out.He suggested getting rid of the sign.I t is ugly and rusted. Ms.Melissa Schmidt,6521 E. Fountain,Mesa,addressed the council.She asked what the language was in the ordinance that was passed for signs,and if there was a time limit on billboards. Development Services Director Rudy ESquivias stated the sign code states no new billboards can be located In the city.The opportunity for getting rid of the existing billboards is at the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 15 OF 36 time of development,especially a:rezoning,The area 'between Meridian and Delaware:was part of a city-initiated rezoning that contained a specific . palette of 'uses.BillbOardswere:not part ofthe list..When this developer came 'along,he-was asked to remove thesign::The developer is asking for special consideration to keep the,sign -for a certainAime,limit. Ms.Melissa Schmidt commented they Might want to readdressthe ordinance in the future to put .a time limit on the current billboard signs,suchas a 5 year time limit and then they have to go away.. DevelOpment Services :Director Rudy Esquivias -commentedshe is suggesting sunset clauses. City. Attorney Joel Stern stated billboards have protection under federal and state law.:In order for the' city to get rid of one,the city Could:condemn,it,but i t ;is a ,very. expensive:I t is not: just the actual material,. it isAhe .commercial value of the billboard.Economic:expehts must be brought in to testify as to how.mudr that would be;how muchthe billboard creates for theadvertiser.'It could be hundreds and thousands of dollars::that is the 'probleuwithcondemning billboards.,He does not:believe putting sunset clauses would be legal.under : the current federal and state law:• Ms.Melissa Schmidt asked if that is because i t is a billboard. City Attorney Joel Stern!stated: there are:protected development rights;protected private property rights, and there is aline:of cases hecould not address inAhe time they have left. There :are enough supreme court cases where this:could go on intO the 'next; morning.I t is a very regulated area. Mayor Coleman commented Apache . Trail .used to be US 6O and the signs have been there before this was •a city and they were nonconforming'. •The-citychanged the zoningAo make them nonconforming.They will have to:Waitrfor development tocome-in before they can do anything about i t unless -they want to use eminent domain,condemn them and -pay -the price that way. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 16 OF 36 Ms.Melissa Schmidt commented she does not see that the answer to getting rid of it is when the lease is up. She could not see where that would stop the use of the billboard.They could sell the lease out to someone else and it could continue for another 20 years unless i t has to do with repairs and their cost,or if it becomes a safety issue.The ordinance passed stating they are no longer allowed needs to say something more specific in order for the city to be able to enforce getting rid of them. Vice Mayor Eck commented there will not be any new billboards going up. Ms.Melissa Schmidt stated she understands that. Vice Mayor Eck commented i t is in the development agreement that it will be gone. Councilmember Dietz commented i f the developer had not just signed a lease agreement in June with Viacom for that billboard,it would be down.The lease has been signed for another 10 years a month or two ago. Ms.Melissa Schmidt commented she believes they should put some kind of sunset clause in there in order to rid themselves of these eyesores. City Attorney Joel Stern stated they can have as a condition to rezoning to remove the nonconforming sign. .They have the ability to do that.However, .a lease was entered before the rezoning took place.. Ms.Melissa Schmidt stated she believed the gentleman had said that if the city stated i t had to go,he would abide by that and it would go away. City Attorney Joel Stern commented a lease has already been signed so the property rights .cOntinue. Vice Mayor Eck commented Mr. Spraker did not say that he would do that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 17 OF 36 .Ms.Melissa Schmidt stated i t seems to her that the city 'ought to takesteps to get rid of the billboards: City Attorney Joel Stern stated that is condemnation.That could be done,but it Would cost quite a bit of money and the litigation would be at least 2 years. •Ms.Melissa Schmidt stated she could see the money'going to better use than that. that that is an -argument. City Attorney Joel Stern agreed Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the.council..She spoke in support of the Jack -in -the -Box...She commented when the gentleman bought that parcel in order to develop it,he bought it with a lease attached for the billboard. She'does not think they are being fair if they'make i t difficult for him to live up to his contractural agreement about the billboard.She agrees that by asking for it to be redone in some way to make it more aesthetically. pleasing until the lease is up and then making sure that his zoning request has on i t a stipulation that he may not renew a'lease for :any more billboards is an acceptable compromise.She added She does not see why they should not give him until the first of:the year if he agrees to post a bond up front. Councilmember Milkey commented he disagreed with Mrs.Surra in her stating he bought the property with the lease intact.He entered into the lease after he purchased the property: Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item:to council discussion. Vice Mayor Eck commented it is a very nice development.There is concern about the billboard,and the council has those same concerns.There .is'some risk in trying to condemn the sign; other cities have lost trying to do that risk.I t is called eminent domain, and that is what they would have to do to get rid of the billboard.He thinks they are being fair and practical by making it more aesthetically pleasing and getting i t in the agreement that when that time comes up,the sign will go down. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 18 OF 36 Councilmember Milkey agreed that i t is a good development.He thinks the property owner has a good plan and he believes he has more in the works for, the parcel.He does not want to complicate the process more than necessary.They would like to see the billboard improved and as pleasing to the eye as possible,and to make i t fit the design of the rest of the parcel.He would like to see Mr.Spraker get 90 days to work this out. Councilmember Insalaco agreed with Councilmember Milkey.The applicant stated he would be coming back for another restaurant.He does not think he would be coming back before the council with another one without getting this done.He thinks they should give him some good faith and give him to the end of the year to get i t done. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT ORDINANCE NO.1214 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Milkey MOVED THAT ORDINANCE NO.1214,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT MR.SPRAKER HAVE 90 DAYS TO BRING THE SIGN INTO CONFORMANCE WITH THE PRESENTATION BY PLANNING AND DEVELOPMENT TONIGHT. City Attorney Joel Stern asked i f they were going to add a bond. The consensus of the council was that they would not add a bond. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 19 OF 36 Councilmember Siippel SECONDED THE MOTION.. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten• minute break. Mayor Coleman reconvened the meeting. ORDINANCE NO.1171,ESTABLISHING A SPEED LIMIT FOR APACHETRAIL FROM MERIDIAN DRIVE . TO IDAHO ROAD )City Engineer Ron Grittman briefed the council on the item.He stated council asked.for the speed limit to be reduced on Apache ,Trail.I t is consistent with all of. the other speed limits posted on section line roads. warrants.were'done on Apache Trail Councilmember Milkey asked if the City Engineer Ron Grittman stated no warrants are needed to lower the speed limit. Councilmember Milkey asked if he had determined an average speed on Apache Trail. City Engineer- Ron Grittman stated the 85th percentile is well over 45 miles per hour.The 85th percentile.is what is used to set thEspeed limit.They can set the speed limit at anything below that.They cannot go over, that percentile. Councilmember- Milkey asked if they normally set the speed. limit at the 80th percentile. City Engineer Ron Grittman stated they generally try to keep it close to ,that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 20 OF 36 Council member Milkey commented he stated the 85th percentile is well over 45 miles per hour. City Engineer Ron Grittman stated i t is between 47 and 50 miles per hour,dependent on the area. hearing on the item. Mayor Coleman opened the public Mr.Adam Mendoza,2357 W.23rd Avenue,Apache Junction,addressed.the council.He commented he remembered this being talked about at the town meeting.He wanted to make certain they would not have to deal with this issue in the future as there are State Statutes,28-643 and 28-641,stating the uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition in the Manual on Uniform Traffic Control Devices for Streets and Highways prepared by a national joint committed on uniform traffic control devices.It comments on the 85th percentile rule,with the speed having to be within Smiles per hour of that'percentile,above or below.The rule is because that is what people driving that road under normal conditions feel is a safe and reasonable speed limit.I f i t is too low,it will cause problems and make for an unsafe condition.He does not want the city funds going towards putting up and taking down signs.People believe the lower the speed limit,the safer i t is;that is not necessarily true.Someone doing 40 miles per hour on US 60 will cause problems.He wants to make sure the city is doing this properly. *Ms.Arlene Van Note,Main Street Program,addressed the.council.She thanked them for bringing the item back. She thinks the idea of making all of the streets the same speed limit is excellent.The original problem with the other streets being 35 and Apache Trail being.45 was that'they felt they were telling people that this was the business district and they should go faster here.That statement is not being made any more.They are, trying-to.create a core business district,and the slower speed limit will help people who are searching for addresses and driveways. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She thanked.them for bringing i t back,but reminded them that the initial request was to address the business district at 35 miles per hour.She commented that taking i t REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 21 OF 36 down to 40 temporarily until a nice downtown area is developed is a great compromise.She disagreed on how many miles below the speed limit should be lowered;we need to do what is in -the best interest of the business district. There is currently a -speedway through the business district.Now they will be equally distributed.She thinks this will be beneficial for the business district.She was concerned that there was someone on "someone's butt"when they tried to turn into a driveway,as the speed limit was not low enough for the police officers to tell them to back off.Now they have another tool to get after the speeders. Mr.Adam Mendoza commented he is not advocating raising or lowering the speed limit;he was advocating sound engineering principles.There is a reason why they came up with those.He will always drive what is reasonable and prudent. Mayor Coleman closed the public hearing and reopened the item to council discussion. Vice Mayor Eck commented he believes they are using the correct methodology for lowering the speed limit. The business community has made an effort to lower the speed,but the city is using the Manual of Uniform Traffic Control Devices.We are within about 5 to 7 miles of it. City Engineer Ron Grittman stated i t sets a maximum of what you can set the speed limit at.You can always, because of other issues,change it. Vice Mayor Eck asked what the average percentile was. City Engineer Ron Grittman stated it was between 47 and 50,depending on where you were at. Vice Mayor Eck commented it was probably higher westbound from Plaza to Ironwood. City Engineer Ron Grittman stated it was higher also from Meridian to Delaware eastbound. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 22 OF 36 Vice Mayor Eck commented he likes the consistency idea,and that they widened the other roads.He thinks 40 1s an adequate speed for those streets. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1171 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE 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.1171,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1212,AMENDING THE PENALTY PROVISIONS OF VOLUME I OF THE APACHE JUNCTION CITY CODE )City Attorney Joel Stern briefed the council on the item.He stated this will make the penalties uniform throughout the code.Any violation will be a class 1 misdemeanor,subjecting the violator to up to six months jail time,36 months probation,and a $2,500 fine,not including penalty and assessments.It changes sections that were not consistent throughout the code.He believes the misdemeanor penalties went up in 1985 and they were not changed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 23 OF 36 Vice Mayor Eck asked how many items actually needed to be changed. City Attorney Joel Stern stated i t looked like 20 sections needed to be changed. Vice Mayor Eck asked i f it was all those items. City Attorney Joel Stern commented all of the sections listed in the title needed to be changed. Vice Mayor Eck asked what Security Alarm Systems means. City Attorney Joel Stern commented it essentially means that if you do not get a security alarm permit,i t is a class 1 misdemeanor.People are given many chances to get a permit from the police department.I t is not an automatic violation;this is just an example.People are given 3 letters through the administrative division of the police department before i t actually comes to his office for prosecution. He then gives a courtesy letter advising i t has been referred to him for prosecution and to please get the permit within 30 days.There have been some changes where in the code it was a class 2 misdemeanor.Usually i t is always a class 1 in other cities,but our code had some as "unless otherwise provided".And there were some that were otherwise provided. Vice Mayor Eck asked if the prosecutor had to drop the case because these items were not in there City Attorney Joel Stern stated they did not drop cases,but they had to go with the lesser penalty.There are class 1,class 2 and class 3 misdemeanors in Arizona.The highest misdemeanor is a class 1;it carries the worst penalty.The next crime above that is a class 6 felony,going up to a class 1 felony.A class 1 felony is murder. City Clerk Kathleen Connelly stated when the state law changed many years ago,they changed chapter one of the city code.They did not go back in and change the individual portions of the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 24 OF 36 code that had a -penalty section in i t and update them as well.This is a housekeeping measure and brings those sections up to date. .Mayor Coleman commented it would also be a class:one misdemeanor for any financial disclOsure violations. City Clerk Kathleen Connelly stated that is correct I t is also for council members intentionally not showing up at council meetings and for disrupting council. meetings. Mayor Coleman commented they could now be fined $500. City Clerk Kathleen Connelly stated it has always been a class one misdemeanor. City Attorney Joel Stern stated they could be fined up to $2,500.He has never seen anything like that prosecuted against a city council member.He does not think a city attorney would be there too long after if it was. Councilmember Insalaco commented i t should make i t a lot easier now to take care of litter problems,giving the city a little more teeth. City'Attorney Joel Stern stated that is correct.There were differences in the code in that area that were in conflict.However,he believes most of those were already class one misdemeanors. 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 Insalaco MOVED THAT ORDINANCE NO.1212 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember- Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 25 OF 36 VOTE:Unanimous. The motion :carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1212,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO: 1216,AMENDING ARTICLE 3-6 OF THE CITY CODE RELATING TO PUBLIC SAFETY DEPARTMENT )City Manager George Hoffman briefed the council on the item.:He -stated this ordinance effectuates 3 key changes:the chief wouldte appointed: by the city .manager,subject to ratification by the mayor and council;the city manager would negotiate an employment agreement with!the chief and would be authorized to execute that agreement;and that the city manager could remove -the chief at the city manager's discretion He desires to provide the department and the community with the best chief the city can attract..He believes they need to be competitive and this format would allow him to do that.The person who serves as. the chief- needs to be a solid manager and an excellent leader. This arrangement provides a solid incentive for a chief to be in touch with the needs of the department,the organization and the community.The council has adopted 12 cities as their labor market-,and Bullhead City,Gilbert, Mesa,Prescott,Scottsdale,Surprise,and Tempe all have a similar arrangement.• hearing on the item. Mayor Coleman opened the public Ms.Linda "Candi"Nilles,board member of the Apache Junction PolicerOfficers Association,addressed the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 26 OF 36 council.She .spokeon behalf:of,the association.On Friday,September 3, the members received an e-mail from the city manager -on this issue.The association agrees with the desire to change the chief's position from merit to at will.This will allow the ability to negotiate an agreement that suits the needs of the police department and the citizens while providing .the needed leeway to be competitive in the job market.She added the association endorses Chief Campbell as the permanent chief. Mayor Coleman closed the public hearing and reopened the item to council discussion. Vice Mayor Eck commented he likes the idea.I t should open the lines of communication for the council. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1216 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. Vice Mayor Eck MOVED THAT ORDINANCE NO.1216,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION.. VOTE:Unanimous. The.motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 27 OF 36 OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.04-15,CASE SD -1-04,FINAL PLAT APPROVAL REQUEST BY RICHARD RANDALL TO CREATE "MONTEREY CASITAS" )Assistant Planner Noel Griemsmann briefed the council on the item.He stated nothing much has changed since the preliminary plat approval.They are still waiting on a certificate of assured water.When that is ready,the final plat request will be brought back to council for approval. Vice Mayor Eck asked who serves this site water. Assistant Planner Noel Griemsmann stated i t is Arizona Water Company. Mayor Coleman closed the discussion with no further comments and moved on to the next item.This was a discussion item only;no action was taken at this time. ORDINANCE NO.1217,CASE PZ-11-04,MAJOR PLANNED DEVELOPMENT AMENDMENT REQUEST BY BUD AND JOAN MITCHELL TO ALLOW A CHANGE OF USE IN A C-1/PD ZONED DEVELOPMENT SITE )Associate Planner Steve Abraham briefed the council on the item.He stated this is a .5 gross acre site with the applicants'requesting a change of use from a commercial painting contractor office and storage yard to a plumbing contractor office and storage yard.This is located about 90'south of the intersection of 22nd Avenue and Coconino.The original development plan was in May 2000.In October 2003 the Mitchells expanded the development site to include 2 lots to the south for a plumbing office and contractor.The general plan designates the area as business park/industrial.Within a quarter mile of the site the general plan designations include medium density residential northeast and west,and employment/retail across Southern at Idaho.He described the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 28 OF 36 surrounding area.The development plan will not change,the applicants are asking for a change of use only.The stipulations will still remain in effect.He gave a brief history of the site.Staff recommends approval of the request with an additional stipulation of designating all stipulations of the previous shall remain in full force and effect.The commission recommended unanimous approval of the request.They were concerned with the storage of outdoor flammable gases in the storage yard.The applicant has stated they will be having approximately 12 to 16 ounce canisters of map gas. This quantity was reported to the fire district and the building division and neither had a problem with the quantity being stored.They have also recommended approval. Vice Mayor Eck commented the information he was given was that the commission has not voted on this item. Associate Planner Steve Abraham stated the item was due to the manager's office prior to the commission meeting wherein they recommended approval. Councilmember Dietz commented everything stays the same as when it was to be for a painting contractor. Associate Planner Steve Abraham stated that is correct.All site -related amenities are the same. Councilmember Dietz asked if that included the off -site improvements. Associate Planner Steve Abraham stated part of the previous required street improvements were to the south 2 lots;that is being currently constructed. Mayor Coleman closed the discussion with no further comments and moved on to the next item.This was a discussion item only and no action was taken at this time. PRE -ANNEXATION AND ECONOMIC DEVELOPMENT AGREEMENT WITH SCAJ,LLC )City Attorney Joel Stern briefed the council on the item.He stated this was originally brought to their attention under a different name,Four Peaks Development.There is a new REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 29 OF 36 -owner,SCAJ LLC.The,agreement sets forth the terms for annexation into the city.Upon annexation into the city:the site will be designated trailer homesites with a general plan designating high density residential.The. city - will consider rezoning the property from TH to CR-3/PD,single family- residence -by planned development,mainly to accommodate the smaller lot sizes Upon annexation:-and rezoning,the property owner will have vested zoning for 10 years.The city shall pass a resolution allowing sewer -service from the sewer district.The owner shall improve the half streets of Southern and Cortez to city standards,including curbs, gutters,sidewalks and street lights.The owner shall pay development fees fOr the first 57 units;including road offsets and credits-on previously paid development fees.He.commented they do have the signature of the corporation,although i t is not:in their packet. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion., Councilmember Dietz MOVED THAT THE PRE -ANNEXATION ECONOMIC DEVELOPMENT AGREEMENT BETWEEN -SCAJ,LLC AND THE CITY OF APACHE JUNCTION BE APPROVED:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION: VOTE:Unanimous. The motion carried. INTERGOVERNMENTAL AGREEMENT FOR THE DONATION OF USED APACHE JUNCTION POLICE VEHICLES AND LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF KEARNY )City Attorney Joel Stern briefed the council on the item.He stated the Town of Kearny is in need of the vehicles and equipment.The city does have excess used equipment which i t is able to provide to the Town of Kearny.The city has done i t before with other communities,such as Clifton,Pinal County and Superior.The police cars will be very used. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 30 OF 36 Vice Mayor Eck asked how many vehicles and how bad are they. City Attorney Joel Stern stated the amount is open until the agreement is terminated.Currently there is only one vehicle available.They are looking for whatever they can possibly get. Public Works Director Doug Dobson stated there is available.If the vehicle were auctioned,i t would bring between $500 and $1,000.He estimated it would take the city approximately $310 to ready the vehicle for'auction. Councilmember Dietz asked if there would be a few more in the near future that they could help them out with. Public Works Director Doug Dobson stated they will have others in the near future.The one available has well over 100,000 miles on it. would be pretty much in that category. stated that is correct. Vice Mayor Eck commented they all Public Works Director Doug Dobson Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN'OF KEARNY AND THE CITY OF APACHE JUNCTION FOR THE DONATION USED APACHE JUNCTION POLICE VEHICLES AND LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF 'KEARNY BE APPROVED:AND THAT: AUTHORIZATION BE GIVEN FOR THE:MAYOR TO SIGN THE AGREEMENT. CouncilMember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 31 OF 36 COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS STRATEGIC BUDGET ISSUES )City Manager George Hoffman briefed the council on the item.He commented the vice mayor stated a couple of weeks back that he would really like us to give a meaningful merit increase next year and if that could be communicated early on.He stated that Bryant and Keith have worked on a budget plan of how things could be sequenced and what would happen when for the budget plan for FY 05-06.This is just for council's thinking at this time.If they would like to have something done in a different sequence,let staff know.Basically in January they will have six months of data.They need to see how the revenues are coming in and determine a multiple year projection on how they think revenues are going to come in.They will share that with council,have a retreat at some point where council will outline their specific goals for the upcoming year,which will be shared with department directors,who will then bring those back,and then there will be a schedule for adoption.Part of the adoption schedule may depend on if there is turnover in the council.I t would be an aggressive schedule if there were a lot of new council members. In addition to pay and merit,other things that may be strategic issues for the council are Williams Gateway,growth issues,drainage issues,planning issues,the first full year of city hall and multi -gen center in operation, staffing the multi-gen,street maintenance,possibly public safety improvements,open space,and storm water improvements.This is for the council to see if the basic budget sequence makes sense to the council and i f there are some areas they want to emphasize at this point that they would like to see happen in next year's budget. Mayor Coleman commented he would like to see all these things done. Vice Mayor Eck commented he had talked to George and they basically said if there was enough money everything could be solved.He is concerned that in last year at budget time,there was no merit system.There is no merit system for the employees.George's concerns were not for last year,but for the next year.He would like to see some kind of merit,but he would not throw a number out.I t is a concern of REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 32 OF 36 his.They are asking a lot of employee morale and their expectations are high.The merit is a priority and he thinks they need to plan to have some type of a merit,among other things.They need to start thinking now on how they are going to fund it. City Manager George Hoffman commented they did not provide a merit last year,and he agrees with the vice mayor that they need to.On the other hand,approximately $325,000 was provided to 250 employees.The insurance and compensation team's recommendation to council resulted in the largest measure of that going for health insurance.The city was faced with about a 31%rate increase.They did not see i t in their paychecks.He asked if the sequence looks okay. There was general discussion on the sequence.The council consensus was that the sequence was okay. Vice Mayor Eck commented the merit raise could possibly be put in near Williams Gateway and growth to the south. City Manager George Hoffman commented he hopes that they make a merit happen next year,and he will do the very best he can.Council will be able -to tell him around February 15 i f they can do that.In February the council should be telling staff what their key objectives are and they will have more budget data by then to help staff prioritize.They may say i t is.more important to give a merit than to hire more employees.He will do his best to put the council in a position to where they can give that direction. Councilmember Dietz asked if they are going to review the class and comp that they had done a couple of years ago to see how i t has worked out. City Manager George Hoffman commented they will not be going back to see bow it has worked out.They will be going back and doing i t again.They want to come back to the council fairly shortly and affirm the council still wants to have a system based on the labor market,and if they still want the same labor market outlined before or a different one.They need to establish the foundations so that they -can get the employees working on that.There could be some cost implications associated with that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 33 OF 36 Councilmember Dietz commented that is something they committed to at the time.He does not want to let the employees down. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING STRATEGIC BUDGET ISSUES:THAT YOU LOOK AT THE ITEMS PRESENTED TO US ON THE LIST,INCLUDING A POSSIBLE MERIT INCREASE OF SOME TYPE FOR EMPLOYEES FOR THE NEXT FISCAL YEAR:AND AS FAR AS THE STRATEGIC BUDGET PLAN,I THINK THE DATES SHOULD BE TENTATIVE DATES AND NOT NECESSARILY ACTUAL DATES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman asked if they would be having estimated costs. City Manager George Hoffman commented they will be able to have estimated costs such as remilling roads. 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,SEPTEMBER 20,2004,IN THE CITY CONFERENCE ROOM AND -CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT EXECUTIVE SESSION AT 6:00 .P.M.BE HELD ON TUESDAY SEPTEMBER 21,2004, IN THE CITY CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 34 OF 36 The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that Councilmember Sippel is waiting for another baby boy. Vice Mayor -Eck commented the League Of Cities-andJowns Conference was great; it was very informative. Mayor Coleman stated the entire council attended the conference in Oro Valley.It was nice and the area was beautiful.They learned a lot:some of the more interesting sessions he went to involved trying to predict what the state legislature is going to -do next year.There are interesting names being thrown around for leadership:positions.Vice Mayor Eck received -a service award.Mayor Coleman ,announced that he was elected vice president of the League. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:20 p.m. Consent Agenda Items are as follows: 1: Acceptance of Agenda. 2_ Acceptance of Minutes of Regular Meeting of August 17.2004. 3.Consideration of approval of Professional Services Agreement with Pinnacle One to provide project management services for the City Library expansion in an amount not to exceed $33,020. 4., Consideration of request for approval to purchase two additional vehicles for the Parks and Recreation Department by using the State of Arizona Procurement Office approved vendor list.The vehicles will be purchased from Five Star Ford-as .follows:one (1)2005 Ford Extended Cab Pickup at a,price of $17,933.24; .and -one ,(1)2005 Ford Ranger Pickup at a price of $12,077.51,for a total price not to exceed $30,010.75. 5.Consideration of Award of Bid for Project Number PW 2004-21,Library Roof Repair,to Starkweather Roofing,Inc.for the removal of old roof covering: REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 35 OF 36 and installation of 'a new roof coating and related repairs to Apache Junction's public library for 438,815 plus 10%,or $3,882,for contingency,at a cost not to exceed $42,697. ACCEPTED THIS 21ST DAY OF SEPTEMBER ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF SEPTEMBER ,2004. ATTEST: & t - eKATHLEEN CONNELLY + City Clerk DOUGLAS COUEMAN 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 7th day of September,2004.I further certify that the. meeting was duly called and held and that a quorum was present. Dated this 15th day of September,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7,2004 PAGE 36 OF 36