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HomeMy WebLinkAbout2004-09-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 21,2004 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 21,2004,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 Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Steve Campbell City Engineer Ron Grittman Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 1 OF 41 Others Present:Associate Planner Steve Abraham Grants Specialist Roger Hacker Public Works Manager Shane Kiesow Police Commander Terry McDonald Community. Resource Coordinator Janine Solley Community Resource Unit Administrative Assistant Suzanne Strong CDBG:Administrative Assistant Melinda Larson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN PUBLIC OPINION STRATEGIES AND THE CITY OF APACHE JUNCTION FOR POLLING BY THE TRUST FOR PUBLIC LAND TO ASCERTAIN PUBLIC SUPPORT FOR OPEN SPACE PRESERVATION AND THE PUBLIC FINANCING OF SUCH PRESERVATION IN AN AMOUNT NOT TO EXCEED $15,000 BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT,PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2004-22,CONSTRUCTION OF CONCRETE SIDEWALK,CURB AND GUTTER,SINGLE CURB,CONCRETE VALLEY GUTTER,CONCRETE DRIVEWAY ENTRANCE,AGGREGATE BASE COURSE,REMOVALS,RELOCATES AND RELATED IMPROVEMENTS ON PHELPS DRIVE,BE AWARDED TO ASPHALT SERVICES OF ARIZONA IN THE AMOUNT OF $38,418.51 PLUS 10%FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $3,841.85 FOR A TOTAL AMOUNT NOT TO EXCEED $42,260.36;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2004-08,CATCH BASIN CHANGES AT TOMAHAWK ROAD AND WEEKES WASH,BE AWARDED TO VISUS,INC.IN THE AMOUNT OF $49.550,WHICH INCLUDES BASE BID OF $40,725 PLUS ADDITIVE BID IN THE AMOUNT OF $8,824,PLUS 10%CONTINGENCY OR $4,955 IN THE EVENT OF UNFORESEEN CHANGES, FOR A TOTAL AMOUNT NOT TO EXCEED $54,505;AND THAT CHANGE ORDER #1 FOR PROJECT No.PW 2004-09,CONSTRUCTION STAKING OF ON- SITE AND OFF -SITE IMPROVEMENTS AT APACHE JUNCTION HIGH SCHOOL,TO CAN -AM ENGINEERING IN THE AMOUNT OF $12,000 FOR ADDITIONAL SURVEYING NEEDED TO COMPLETE THE PROJECT,BE APPROVED;AND THAT RESOLUTION NO.04-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,IMPLEMENTING MEASURE TO REDUCE REENTRAINED REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 2 OF 41 DUST EMISSIONS FROM TARGETED PAVED ROADS IN THE REVISED PM -10 STATE IMPLEMENTATION PLAN FOR THE SALT RIVER AREA,BE APPROVED;AND THAT ,THE EXTENSIOWOF THE PROFESSIONAL SERVICES AGREEMENT 'BETWEEN,. TERRY MCDONALIIAND THE.CITY OF APACHEJUNCTION FOR :PUBLIC .SAFETY -DEPARTMENT MANAGEMENT SERVICES:EXTENDING THE TERM OF SERVICE FROM.SEPTEMBER 30,2004 THROUGH MARCW30,2005,BE. APPROVED;; AND THAT. AUTHORIZATION BE:GIVEN •FOR:THE MAYOR TITSIGWTHE EXTENSION. Councilmember Dietz SECONDED THE MOTION: VOTE:Unanimous. The motion carried. AWARDS,,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamationideclaringAhe month of October as "Crime Prevention Month"-and presented the proclamation -to Interim Departmentof -Public Safety Director Steve Campbell. CALL TO THE PUBLIC Mrs.Anne Marie Surra,1150 E.Estevan,Apache Junction,addressed thei council regarding the Trail of Flags.She thinks the ,VFW has, a wonderful idea,aboutthe Trail of Flags being representative Of all of the flags of the United States if the:city.can afford the cost of raising them and taking, them down.She wanted to Clarify that the reason for exhibiting -a state flag for every state in the union is to honor and :recognize each state in the union: If flags, are to be put up to welcome back all Of our visitors,then: we would have to put up fTagsJrom all over the world t such 'as Canada. Ms.Christy Johnson,185 F\L Apache Trail #A1, ,Apache Junction,addressed the council.On behalf of the Apache junction Needs Committee,she thanked the: council and health and human services commission for recently supporting the Community Development Block Grant Special State Projects 2004 proposal.The proposal addressed transportation: needs' for individuals and families accessing community -based services.She also acknowledged Roger Hacker and Melinda Larson for providing them technical assistance and skillfully preparing, and Submitting the proposal.The grant has brought into the city REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 3 OF 41 over $265,000 to purchase 9 vehicles to be distributed to 5 nonprofit organizations and=one city entity.The project will :benefit the city's most vulnerable population,including our children.,persons with physical, behavioral and developmental disabilities,victims of domestic abuse and other crimes as well as theelderly population.She also thanked Tisha- Hensley,the community coordinator for the CommunityAlliance-Against Family Abuse,for leading and supporting the committee throughout the project.She. also thanked the agencies involved:Apache Bravo Youth Marines,Central Arizona Council on Developmental Disabilities,Salvation Army of Apache Junction,and Superstition: Mountain Mental Health Center.She congratulated the partners for their collaboration to address.a vital need in the community. CITY MANAGER'S REPORT City Manager George Hoffman announced that the city received a grant of almost $10,000 fromtheiArizona Department of Environmental Quality to promote recycling within the community.The grant was put together last spring by former.employee Shari Watson in conjunction with the city's •• recycling team.The grant will fund a community outreach campaign that partners the city with the fire district,Pinal County Recycling Program,and local supermarkets:HeAhanked the fire district and the county for the ongoing partnership with the community to provide for recycling.Also, Governor Napolitano -expressed concern that we,as a state,were not doing enough concerning the drought.He has talked with Jeff Bell and Nick Blake about reducingthe,city's water usage on our parks and they are drafting .a plan.He also anticipates returning to the council with a community -wide drought management plan. PUBLIC HEARINGS BINGO LICENSE APPLICATION FOR SHIPROCK R.V.RESORT ) )City Clerk Kathleen Connelly briefed the council on the item.She stated they are located at 1700 W. Shiprock Street.The license is for their park and it will be contained in a relatively :small,2;500 sq.ft.room.Positive comments from the fire district,police department and planning division have been -included in the packet.The planning division recommends that temporary signs,such as portable signs and A:frames,,not be permitted.The applicant was advised to attend the meeting. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 4 OF 41 Mayor Coleman requested the applicant address the council. Mrs.Pat Meyer,manager of Shiprock R.V.Resort,addressed the council.She stated they would not be advertising as they are too small. 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 THE BINGO LICENSE APPLICATION FOR SHIPROCK R.V.RESORT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-23,CONDITIONAL USE PERMIT CASE CUP -1-04,APPEAL OF PLANNING AND ZONING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT AMENDMENT REQUEST BY DESERT BIBLE CHAPEL CHURCH TO WAIVE THE UNDERGROUNDING OF OVERHEAD UTILITY LINES REQUIREMENT AND TO ALLOW USE OF THE MAIN CHURCH BUILDING AS AN ELEMENTARY SCHOOL )Associate Planner Steve Abraham briefed the council on the item.He stated the property is located approximately 700'west of the southwest corner of Ironwood and 16th Avenue. He described the surrounding zonings.The planning and zoning commission on August 24,2004,voted to deny a motion of approval.Staff had recommended approval of the request along with several conditions.The motion brought forth for approval by Commissioner Severs did not include or postponed many of the conditions suggested by staff.Staff's opinion was that the commission appeared to be in favor of both portions of the amendment request, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 5 OF 41 however,the majority of members could not support a widespread postponement or elimination of the conditions in the staff report.Staff's recommendations included that the church shall install trees along the southern property line at a rate of one tree every 30 linear feet.The church has submitted a drawing by a registered landscape architect which meets the city right-of-way standards,to include a pedestrian trail amenity. The church must install a deceleration lane to mitigate increased traffic into the site.The majority of the site is encompassed by a flood plain and significant engineering was required to manage the flood control within the site itself.One of staff's conditions was the connection of the open space amenity to a larger citywide trail network;one could travel on foot from Meridian Manor through various subdivisions to the church site.The church has agreed to install the 15 gallon size trees within 90 days of the conditional use permit approval.The church submitted a design drawn by a registered landscape architect which meets the city open space standards;the pedestrian trail amenity is in the flood plain area only.The church will negotiate and facilitate the creation of a permanent pedestrian easement within accordance of the general plan within 90 days of approval.The amenity will be constructed and maintained by the city;the location and design is subject to the approval of the zoning administrator.The church feels the future placement of playground equipment should be at least 50' from the southern and western property lines.The church is offering to install and maintain turf and grass in the drainage channel,to be installed within 24 months of approval.The church feels the deceleration lane should be installed when the average daily traffic count warrants i t or the church expands its use subject to the termination specifications of the city engineer.The school shall be operated in the manner described in the conditional use permit application.Any additional extracurricular activities that exceed the available parking not referenced in the application will require an amendment.Staff deleted the condition referencing revocation by the planning and zoning commission.Staff recommends approval of the request with the conditions outlined in the staff report. Vice Mayor Eck asked if the church offered to install and maintain turf and grass in the drainage channel. Associate Planner Steve Abraham stated the original stipulation was to rip -rap the slopes. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 6 OF 41 Vice Mayor Eck commented they had just been talking about drought and conserving water. Associate Planner Steve Abraham stated it was something the church had come up with. Councilmember Dietz commented i t will be connecting up with Renaissance and that is rip -rapped all the way through. Vice Mayor Eck commented that is something they can discuss.He was just curious if staff made that recommendation. Associate Planner Steve Abraham stated after they got a bid on the riprap they opted for turf. Vice Mayor Eck commented he thought there had already been a traffic study that warranted a traffic signal.He asked if a traffic study had been performed. Associate Planner Steve Abraham stated they have not done one where they have laid the count cable.After review by the development services engineer,the use of the site met some of the criteria for a deceleration lane.The church offered that when school enrollment and site usage increases,a formal traffic study with the cables would be performed. Vice Mayor Eck asked if that is how i t is normally done.He thought they would ask for a deceleration lane because of a traffic study. Associate Planner Steve Abraham asked the city engineer to comment on how warrants function. City Engineer Ron Grittman commented in the warrants for this deceleration lane they actually mimicked the traffic volumes coming from the City of Chandler.The traffic volumes that are on 16th Avenue do not warrant the current installation of a deceleration lane,however,with the proposed growth of the church,Sam Jarjice felt that it would eventually happen in time.One of the problems REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 7 OF 41 with putting -the deceleration lane m at this time is the fact that .the - deceleration lane will run across Palm Wash itself.The.city is proposing a_ box culvert construction in 2009 and will underground all of Palm Wash through that area.Staff prefers the deceleration lane not be constructed at this point. •Vice .Mayor Eck commented he just wondered why they asked for i t if they did not have the warrant. Councilmember Waldron asked if any cost estimates had been done on the pedestrian trail that is to be cbnstructed and maintained by the city. Associate Planner Steve Abraham stated this suggestion was put forward by the church,There have been no estimates done to construct it or -provide.maintenance. Councilmember Waldron asked how long the trail is. Associate Planner Steve Abraham stated i t should be 600'to 800'in length. City Manager George Hoffman asked if the city maintains the other sections of the trail. Vice Mayor Eck commented we do the east side -where the .Lennar subdivision is. Councilmember Dietz commented they also maintain the part in Renaissance.He believes i t is only decomposed_ granite with a little something along the sides,nothing else. Associate Planner Steve Abraham stated that is correct;i t is delineated. Councilmember Dietz stated i t looks nice,and what he really likes about i t is i t takes i t ,from Southern and Meridian Manor almost down to the focal point.I t is all the way through town,and i t is something he thinks they really need to continue. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 8 OF 41 applicant -address the: council. Mayor'Coleman reqUested the, ,Mr.. Lee. Rouse,2095N.,San Marcos, addressed thecouncil.He is a trustee of Desert Bible Chapel.He.stated there are only two,isSues that need to be .discussed.The pedestrian path was originally discussed while they: were-develbpinglheplan:for the whole property: . They encompassed it into some of their thoughts for the future, which ties inthe turf in theChanneT.Their intent is tb make the channel: a, usable piece of land.I f rock and -riprap are put -there,they could:not use it.They :intend to use i t asHa prayer.garden,with the, path. going through - the middle of it.They have not decided what the path will be constructed . of:.They have no reluctance in working with the city on that environment. Their reluctance comes from the standpoint of dealing With an undefined. access and theliability of.that access throughLprivate property.Their • attorney's recommendation was to sit down with the city attorney,and it is the reason for -the90 day verbiage:in thereto prepare a working.documentj They want to maintain control of:theirproperty and have the liability issue resolved,ancrwork, out its construction and maintenance in the future as to • whattheyLareAoingiand what the city is doing with the development of the trail :system There is also.more ,t0 the turfing Of the channel.He eommentecLtheir position on the deceleration lane isthat' the,traffic .studY that would be conducted as ajart of this may lead them to other -solUtions He was not aware of the forthcoming construction:They believe there are • other solUtion8to.potential traffic problems.,He gave as an. example the Central. Christian.Church,in Mesa,They ,have-some physical restrictions, around their church !to where they cannot put in deceleration lanes without serious Monetary impacts on the church.Instead,they ,hired mpatrolman to be at theehurch during heavY ,traffic periods to direct. traffic.They would like to work with the city on,this to develop a traffic program -for the church and 16th Avenue..Therdo not know hOw.much it will costAo construct that lane.tut they know it will be significant.I t is not delineated as:to whether i t is eastbound or westbound;.i t could be both.There is mystreet northbound..The discussion.needs to be broader to arrive .at an'aMenable solution to all involved.The remainder pf.the:itemsAheyconcur with. Vice Mayor Eck asked if he was talking about planting the trees whenjle referred to the 90 days. Mr:Lee Rouse stated he was not:• He was talking abOutAhe path through. the property.-jt is a :gray area as to • REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 9 OF 41 . who that path belongs to.In time the path could belong to the city,but the church would be liable for things that happen on that path.They would like an agreement as to the relationship of that path to the city and the church. It could be as simple as an easement.They would like 90 days to develop the agreement on that. okay with the way the path is in there. they understand the intent. language was done today. Vice Mayor Eck commented they are Mr.Lee Rouse stated they are and Vice Mayor Eck commented this Mr.Lee Rouse stated they got i t at 4:45 today.He commented he is kind of "winging it". Vice Mayor Eck commented staff is, too,and they have been working hard on this. Mr.Lee Rouse commented they have had some real good conversations over this in the last few days.He would like to see a little more clarification on some of these issues so there would be no more issues. handled in Renaissance and Lennar. Mayor Coleman asked how this was City Attorney Joel Stern stated some of those areas are drainage easements and retention easements.The city does the maintenance but i t is not owned by the city.There are maintenance agreements recorded on the property.He is not sure about the trails.A simple ingress/egress easement would probably work out;it would allow the public to travel onto that land,a maintenance easement will not.They could add a maintenance agreement. Councilmember Dietz commented they could come up with the same sort of agreement as Lennar and Renaissance as i t runs through the church's property. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 10 OF 41 would be something very similar. city would basically maintain it. City Attorney Joel Stern stated i t Councilmember Dietz commented the Mayor Coleman commented the city should maintain i t if it is public and we expect others to be able to use it. Councilmember Dietz commented they would probably lose the grassy area. Mr.Lee Rouse commented the issue has been the maintenance of the path.If the rain causes a chuckhole,i t is a maintenance item that needs to be taken care of.The turf in the prayer garden will be the church's maintenance issue.They put the turf there and they are using i t as a prayer garden and in activities relative to the church. Councilmember Dietz asked if they could do that both ways. City Attorney Joel Stern stated he thought i t could be done,but on the liability issue he believes the city is covered to a limited degree.He will have to check for sure,but he thinks there is some coverage for any kind of accident.If there is an accident,he could also see the church being named as a defendant,if the church understands that. Mr.Lee Rouse stated the church understands that.The question is who is the prime respondent in that situation.They do not want to bear the burden for the entire lawsuit. City Attorney Joel Stern commented he thinks they could work that out with the church's counsel. Councilmember Dietz commented he was concerned that the city is taking over the maintenance of the wash and the trail,as they have done at Renaissance and Lennar. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 11 OF 41 City Engineer Ron Grittman stated they will have to write two separate legal descriptions.One would be for the drainage easement,and one for the area the city will maintain. Mayor Coleman opened the public hearing on the item. Mr.Carl Frederickson,1978 W.17th Avenue,Apache Junction,addressed the council.He stated he is one of the neighbors of the property.When he moved into the neighborhood 6 years ago they were not told anything about a school coming to the neighborhood.If he had known there would be a school two doors down,he would have moved to another part of the subdivision.He does not want the traffic or the kids running loose at lunch or when school gets out.They do not want the kids turning i t into a dangerous situation.The traffic on 16th Avenue has gotten pretty bad right now.With a school there,there are times when you will need a stop light at the intersection of 16th Avenue and Ironwood.He thinks the church is fine:they have no problem with churches in the neighborhood, and they understand the increased traffic on Sundays and other nights of the week when things are going on.But i t is not like a school with heavy traffic every night,and there is always some activity going on.I t is not what he expected.He commented there are plenty of schools in the area.He questioned how long it would be before they would want to make .a junior high or high school.He suggested the area for a school would be Southern and Delaware.Most of the people who live in the retirement community of Apache Villa are snowbirds and are not here right now.They cannot defend themselves.The traffic will be similar to the problems that occur when school gets out at Desert Shadows School.Grand,Main and Delaware will have traffic problems.He commented they want to change the underground wiring from what they had agreed to before,and wondered how long it would be before they wanted to change some other promises.The playground is 50'from the property line,yet there is already a park there.There is enough traffic there already,and he was concerned at how close the playground would be to the street,and i f it would be fenced.There are also floods in the area. He thinks the trail and the trees are good things,but he does not think the school is a good thing to have there. Dr.Al Knoblock,pastor of Desert Bible Chapel Church,president of the board of Faith Christian School, addressed the council.He stated the things that happen at other schools do not happen at Faith Christian.The total number of students is 31.The REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 12 OF 41 building they now have prevents them from havinglore.than 55 to 60 students. The students are required to have their parents bring;them:Currently he is transporting 6 students from Apache Junction to Mesa,and he takes them into the class and has to sign them in.When Faith Christian comes here,it will be the same thing.The kids do not run,they are -not'allowed- in thewash or on the road,the parents must come and pickAhem up-,and the students are not allowed to be outside.They do not have any plans for a playground,but i f they have one in the future,it will be fenced.They :will not be a nuisance to the neighborhood.He estimates 20 cars would:be comingAo and from the school.It will not be a heavy increase in traffic.I t is not a public school,it Hs a Christian school and those that sent their kids -to these schools take extra pain and effort to make sure- they are not -a nuisance to the neighborhood.They have been working together to bring a school to the city for almost -4 years.It.will be a quality education;the neighborhood will basically not know they are there.They -agreed to the trees along the south wall because they will have a lot of traffic there just in regardsto the church,and the neighborhood may not want to see or hear them at all. Mr:Bob Engel,1891: W.15th Lane, Apache Junction,addressed the council.He is just north of the church property_He investigated the area he was moving_into before he moved there. He realized the church property could have been used: for just about any commercial use.He accepted that as being far enough away, from the property he bought.He was in favor of the church when he heard it was coming.He looked at the power lines and the lights at Goldminer's Park.The latter lights light up his backyard.However,he feels the park -is -a necessity for the community and he can put up with those lights for the sporting events taking place.He is concerned that the church would be the -only entity that would-be undergrounding the lines.The two-otherchurches in the area are not being required to underground their Tines:If all 3 were to.be required to underground the properties,it would make ,better sense-,but one section of about 600'does not.He looks at the lines from his property and they do not bother him.He walks a lot in the neighborhood year round and he does not see a tremendous amount of traffic in the area :except for periods of time when the high school gets out and when work traffic gets out:They tend to use Palo Verde: more.He believes 16th Avenue is wide, enough to handle:the traffic. Vice Maybr. Eck asked how they could make changes in the time frame tonight. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 13 OF 41 City Attorney Joel Stern stated they may condition. a conditional use permit.They can add a 90 day period where they are to -get .with his office and arrange for an easement to be -filed with the county recorder's office.He has not seen one in -the time: he has been here,but he does not see any prohibition on it. Vice Mayor Eck commented he wanted to see what could be done tonight without having to continue this item. City Attorney Joel Stern commented if they cannot come to an agreement,it would probably be rescheduled for easement issues.However:he feels this is an easy issue as i t is a standard easement for pedestrian ingress/egress as well as maintenance if recommended by the engineering division. Vice Mayor Eck asked if they could add i t into item D or would i t just be in the total. City Attorney Joel Stern stated i t should be kept in the same item under the trail.It would make more sense. Vice Mayor Eck asked if the , language for the deceleration ,lane ,should be revised. City Attorney Joel Stern stated i t is a condition in the future and i t is enforceable.If the city engineer decides in 2009 or 2010 that the traffic warrants it,and the church refuses to do it,then they would come back to planning and zoning and review the conditional use permit. Councilmember Insalaco commented staff has already advised they will be boxing the culvert in.They already have the experts telling them what to do.They should not have to worry about the deceleration lane. City Engineer Ron Grittman stated this is for if they need i t in the.future,they can go after them for the. deceleration lane. Councilmember Insalaco agreed. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER121,2004 PAGE 14 OF 41 City Attorney Joel Stern stated they could put i t in for a year,and if the church wants to extend that time they could come back for a modification of the conditional use permit in 5 years. Mr.Lee Rouse stated their concern is that i t has been hard and fast that there must be a deceleration lane in the future.They know that if the church grows,they will have some traffic issues to deal with.He does not want to stand before them and say that the only solution to the issue is a deceleration lane.He thinks they will have to do other things as a part of that. Vice Mayor Eck commented he is concerned about their having only 90 days to work out that issue and the ingress/egress issue. Mr.Lee Rouse stated their counsel has stated he is comfortable with the easement issue as i t has been discussed,but they need to put the words to paper.The other issue is give and take and he believes they can arrive at a reasonable solution.Their problem is they are now 90 days later into this building then they intended. I t is a significant financial hardship not to be able to operate this facility.They are here tonight to work together.A 90 day condition on the conditional use permit sounds reasonable to him.He thinks they can put i t in terms everyone can deal with.Things will be resolved from the city's standpoint and they will be able to get into the building. Vice Mayor Eck commented he wanted to make sure they would not be shocked if it was read this way as to what they have agreed on regarding the 90 day condition. City Attorney Joel Stern stated the 90 days would actually act as a temporary occupancy permit.It could become a permanent one once the easement is recorded.He is not sure if the applicant would have a problem with that. Mr.Lee Rouse stated he has no problem with that.I t fits in with the tone of the whole document that they have tried to represent. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 15 OF 41 City Attorney Joel Stern stated the risk would be that if the easement was not agreed to,it would be brought back to the city or they could not occupy the building for school purposes. Mr.Lee Rouse stated he understood that and he is not concerned as the easement definition is one they can reach common ground on. Vice Mayor Eck commented the motion would be overruling the planning and zoning's recommendation on the case.He asked if the council has the ability to do that. City Attorney Joel Stern stated they do.I t is an overruling of their decision:i t is legally a modification with new terms. need to state that in the motion. thought that would be a good idea. Councilmember Dietz asked if they City Attorney Joel Stern stated he Vice Mayor Eck asked if he had a sentence or two that needs to be added for the 90 days. City Attorney Joel Stern stated he has seen the 90 days and the language looks good to him.They may want to reference in the motion that i t is an overruling of the planning and zoning decision with modified conditions "as follows",and then add in the terms. There was general discussion on what actually needs to be said in the motion. City Manager George Hoffman asked what they were saying on the deceleration lane. Vice Mayor Eck stated they are saying 90 days to come up with an agreement of either it warrants one when the average daily traffic count warrants it or they come up with something else. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 16 OF 41 City Manager George Hoffman commented he thought they were pleading for problem solving ability.The challenge is the situation might be 5 to 8 years in the future and no one knows what the circumstances might be -at that time:He asked if it would be appropriate to say'subject to determination specifications approval of the city engineer,and that we have some "or"language in there where i t is a solution acceptable to the city engineer at such time i t is warranted;when there is a problem,he would then have the authority, to resolve it. City Engineer Ron Grittman agreed. but added they will be having a discussion process with them and he will express to them the use of other than mechanical methods of solving the problem,such as the use of a policeman,are not preferred over more passive things that do not require anyone to be there;things that function in and of themselves.I t is not an insurmountable issue.He believes once they explain the cost,what the city, is doing and especially involving the project,i t is an extremely small amount. City Manager George Hoffman asked the applicant if he was comfortable with solving the issue within 90 days. Mr.Lee Rouse stated he is comfortable with resolving i t from the problem solving standpoint.They were unaware of the forthcoming construction.They feel stronger about not doing the deceleration lane at this time to only have to redo i t in conjunction with some other construction.He wants to have the 90 days to sit down and design the final verbiage on the issue.He does not feel they are far away from having an agreement. Vice Mayor Eck commented he would like to read it the way i t is and add Joel's language to it. Mayor Coleman asked the applicant if he had anything to add. Mr.Lee Rouse stated he wanted to make sure they do not expend monies that do not need to be expended and that they do not pursue other problem solving situations that may be avail themselves to them because a hard and fast agreement was cut tonight. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 17 OF 41 Councilmember Waldron commented he does not see anything in the -stipulations about,undergrounding. Associate Planner Steve Abraham stated i t is already .in the original resolution. City Attorney Joel Stern.Stated it should be added.If the motion is read from the handout of the new terms then there should be another!condition "H",a waiver of the undergrounding. Development Services Director Rudy Esquivias commented Resolution 04-23 should only be amended in ,condition ,4.: Everything else is the same,including condition 5 which states the church is not required to underground overhead utility lines -.I t is already in there. The.only thing they are doing is taking items 4A through 4G and inserting them .at their_discretion. City Attorney Joel Stern stated - whoever makes the motion will take the handout language and replace that with what is in the packet under Resolution 04-23,under Condition number 4. motion and language. if he had anything else to add. There was.general discussion on the Mayor Coleman asked the applicant Mr.Lee ROuse stated he had some concern over item E.He would like some verbiage added that delineates the inclusion of the handling of the traffic issue being included in the 90 day period. Mayor Coleman closed the public hearing with no one else wishing to speak arid reopened the item to council discussion. Council -member Insalaco commented there is a signal light going in at 16th Avenue and Ironwood for those who were unaware of it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 18 OF 41 Vice Mayor Eck commented,he wanted to give credit to staff for working on this so diligently,especially in the lastJew days.There was 'a lot to be completed and they did it well.He hopes the Mr.Rouse and ,the• church staff realize where the planning and zoning commission was at when this was presented:to them.It would have been: easier for them if i t had been presented to them -the way it was presented tonight_He added he appreciates .Mr.Frederickson's concerns,however,he believes there•are precautions being taken to make a buffer between his home and the playground out. there.As far as comparing to another school,i t is a matter of choice asAhls -is a Christian school.Hel does- not think the traffic will be severe. Development Services Director Rudy Esquivias stated a lot of the credit for working out the issues goes.to our business advocate,Mr.Hunt. Mayor Coleman clOsed:the discussion withno further comments and called for a motion. Councilmember Milkey MOVED .THAT RESOLUTION NO.04-23,A RESOLUTION OF THE MAYOR AND: CITY COUNCIL OF THE. CITY OF APACHEJUNCTIOW ARIZONA,OVERRULING.THE:PLANNING. AND ZONING COMMISSION'S DENIAL- OFCASENO.. CUP -14)4,BE APPROVED WITH THE .FOLLOWING :AMENDMENTS:. MODIFICATIONS AND CONDITIONS .TO STIPULATIOW41AS:FOLLOWS:A)THE CHURCH. SHALL INSTALL TREES!ALONG THUSOUTHEMPROPERTY -LINE AT A RATE OFONE .TREE EVERY 30 LINEARTEEM ALL TREES SHALL BE 15.GALLON .SIZE TREES,WITHIN -90 DAYS OF CONDITIONAL. USE PERMIT APPROVAL: .B).THE: CHURCH SHALL SUBMIT A:DESIGN DRAWN BY A. REGISTERED LANDSCAPE ARCHITECT MEETS THE CITY OF APACHE JUNCTION:- PARKSANDRECREATION OPEN'SPACE'AND1RIGHT-OF-WAY'STANDARDS -AND .MUST INCLUDE,. AMONG.OTHER THINGS,NPEDESTRIAN: TRAIL AMENITY WITHINiTHE .FLOOD!PLAIN AREA ONLY:THE CHURCH SHALL NEGOTIATE AND FACILITATE THE CREATION.OF!A PERMANENT PEDESTRIAN'EASEMENT-IN ACCORDANCE WITH THE GENERAL PLAN WITHIN 90 DAYS • OF; CONDITIONAL USE PERMIT APPROVAL:. THIS PEDESTRIAN TRAIL AMENITY SHALL BE CONSTRUCTED AND,MA1NTAINED BY'THE CITY,THE EXACTIOCATIONiAND DESIGN IS SUBJECT -TO.THE'APPROVAL, OF THE ZONING ADMINISTRATOR AND SUBJECT TO APPROVED! AND AGREED TO BY .COUNSELS:OF BOTH THE CHURCHiAND THE CITY:C) IF:AT A:FUTURE DATE,THE: CHURCH DESIRES TO INSTALL PLAYGROUND EQUIPMENT,SUCH EQUIPMENT SHALL BE: LOCATED A MINIMUM OF50: FEET 'FROM! THE SOUTHERN=AND.WESTERN PROPERTY LINES;D): THE CHURCH SHALL AND: MAINTAIN TURF ON'THE SIDES AND SLOPES OF THE ENTIRE DRAINAGE: CHANNEL WITHIN 24 MONTHS.OF CONDITIONAL USE PERMITAPPROVAL: I)THE CHURCH SHALL INSTALLA DECELERATIONIANEALONG 16TH REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 19 OF 41 AVENUE OR DEVICE THAT IS AN ACCEPTABLE SOLUTION TO CITY STAFF WHEN THE AVERAGE DAILY TRAFFIC COUNT WARRANTS IT OR THE CHURCH EXPANDS ITS USES,OR SUBJECT TO THE DETERMINATION SPECIFICATION AND APPROVAL OF THE CITY ENGINEER: F)THE CHURCH AND SCHOOL SHALL BE OPERATED IN THE MANNER AS DESCRIBED IN THE CUP APPLICATION,ANY ADDITIONAL EXTRACURRICULAR ACTIVITIES THAT EXCEED AVAILABLE PARKING NOT REFERENCED IN THE APPLICATION SHALL REQUIRE A CUP AMENDMENT:G)THIS CUP MAY BE SUBJECT TO RECONSIDERATION OR REVOCATION BY THE P & Z COMMISSION IF 1)SUBSTANTIAL CONSTRUCTION OF THE ABOVE REFERENCED ITEMS HAS NOT OCCURRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CUP APPROVAL, OR 2)UPON RECOMMENDATION OF THE ZONING ADMINISTRATOR IF ANY OF THE CONDITIONS LISTED ABOVE HAVE NOT BEEN MET OR HAVE BEEN VIOLATED. Councilmember Waldron clarified that it was the city engineer as opposed to city staff in item E,and that they work that agreement within 90 days. Councilmember Milkey added WITHIN 90 DAYS OF. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. ORDINANCE NO.1217,CASE PZ-11-04,MAJOR PLANNED DEVELOPMENT AMENDMENT REQUEST BY , BUD AND JOAN MITCHELL TO ALLOW A CHANGE OF USE FROM A COMMERCIAL PAINTING CONTRACTOR OFFICE AND STORAGE YARD TO A PLUMBING CONTRACTOR OFFICE AND STORAGE YARD ).Associate Planner Steve Abraham briefed the council on the item.He stated this is a .45 gross acre REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 20 OF 41 development site located 90 feet south of the intersection of 22nd Avenue and Coconino on the west side of the street.The planning and zoning commission recommended approval at their August 24,2004.Points of discussion included the storage of combustible gases in the outdoor storage area south of the main building.Staff forwarded a copy of the proposed inventory to the fire department and building division for review and neither department expressed any negative concerns.He described the surrounding area and zoning designations.The site development was originally approved with Ordinance No.1128 in May 2000 with the plan featuring an 1,800 sq.ft.office/warehouse building and storage yard for a commercial/residential painting business.In October 2003 council approved Ordinance No.1193 which authorized an amendment proposing .an 8,000 sq.ft.site expansion to include parking and storage areas on the entire site.The development plan remains in intact; only the use is changing because the original planned development of the zoning area does not allow either use.If the plumbing business came first, they would have needed a planned development amendment in addition to a development plan approval.The site is still under construction but is nearing completion. Mayor Coleman requested the applicant address the council.The applicant declined unless there were questions from the council.There were no questions.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 Milkey MOVED THAT ORDINANCE NO.1217 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. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 21 OF 41 Councilmember Dietz SECONDED THE City Clerk Kathleen Connelly read Councilmember Milkey MOVED THAT ORDINANCE NO.1217,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1215,AMENDING SECTION 2-1-5 OF THE CITY CODE RELATING TO MAYOR,VICE MAYOR AND COUNCILMEMBER COMPENSATION )City Attorney Joel Stern briefed the council on the item.He stated he was directed to draft an ordinance which increases the compensation of the mayor,vice mayor and councilmember positions and also sets forth an effective date.Ordinance No.1215 increases the mayoral pay to $1,000 per month,the vice mayor pay to $900, and the councilmember to $800.The effective date in the motion was July 1, 2005.There was a question as to the legality of the effective date.In his opinion,the council can set those rates effective that date.I t does not have to be staggered from term to term.The current monthly amounts are $600 per month for the mayor,$500 for the vice mayor,and $400 for councilmembers. Councilmember Milkey asked if they can make the effective date retroactive. City Attorney Joel Stern stated that was asked,and council may do so,but he does not recommend it. Mayor Coleman opened the public hearing on the item. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She stated having served on the council with most of the time being as vice mayor,and working at what she thought was a high paid salary as she thought it did not have a salary when she joined,she thought she was doing community service.She believes community service is what most people serving on the council think they are doing as i t is not. a full time job..Once in the position,they find out they REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 22 OF 41 are swamped.They are asked to go to every organization that is having a meeting,to be at every groundbreaking,every ribbon cutting,support every raffle,dance,and dinner party.She understands the need -for those serving not having:to serve -out of their own pocket,as well as their own heart.She agrees with the fact that the salary increase is a long time coming.This will allow councilmembers to take a day off from work and not lose pay or use their vacation time.They have to be able tO do that to represent the city at various conferences,seminars,and various community events.I t is important for: them to be there.Only a_few of them can do that at this time as they are no-Lable:to sustain a salary level at their regular jobs to raise their families and still lose that money in order to give community service. She commented the mayor being paid $1,000 is ridiculous as she knows how much he does for the community and how well he represents the community.Even with the increase in salary,we are getting ten times the value.She:is not against giving them a salary increase.For those members.on the council that do not want the salary increase,remember the nonprofit agencies that would be glad to have the salary difference donated.:She added they should not do what the publiciperceives as since they are in office,they -are going -to give themselves a raise.There are federal and state legislators who do not care what the community thinks they do.This council worries about what they do and how it is perceived.They should hot give themselves ia salary increase without taking into account the lag time:for -elected official time.They are doing i t for July 1,2005,which allOws the community to get a vote in at the polls to say if they like the fact they gave themselves. a raise.She commended them for "putting i t on the ballot".She does not want to see people take this job for the money,but if they think $800 a month is a lot of money,we can expecta lot for that money.Council should beat various functions,workshops and seminars.She expects to hear reports at the end of meetings on where they went,what they learned,and what they brought back to help develop the community; Mr.George Diehl,653 S.Palo Verde Drive,Apache Junction,addressed the council.He stated he has been a resident for over 15 years and feels i t is time to quit insulting the mayor and council and give them' some compensation for what they are doing. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 23 OF 41 Vice ,Mayor Eck commented he concerned :about the perception of giving himself .a raise.When this was initially _brought up,he did not think about an ,implementation process.He thought it would occur as llvan election,with the increases being staggered. Some organizations do it .differently.He.battled with this,and it will effect him that way regardless if they decide that or do it effective July 1, 2005.He calledthe League for. clarification on this and was told i t is up to the community to decide,and i t is 50/50 as to what the other communities have done.They added that more communities we starting to do i t now.He stated they had asked for some data,and that data shows only Avondale was implemented through July 1.With'the amounts they are increasing to,he feels they areiexceeding the -data.If they were going to ask for a specific area,then we should not_use ,the research.If they -were doing a job study on any other department in the organization,they woulduse the data for something:His suggestion is thatAhey are_close,but they shbuld lower the amount from $1,000,$900 and $800 -to $900,$800 and $700.I t is still higher,but he believes it would be a conscientious effort to say they had some dataEand that they are trying .to follow some type of guidelines.They requested data and he does not feel they should be setting i t aside and not using it. Councilmember Sippel stated he liked that Anne Surra pointed -out that,as councilmen,they are asked to go to a multitude of things and give money.They are asked for the same amount of money,whether a councilmember or a vice mayor.He commented that if he has $400 to pull from and the vice mayor has $800 to pull from because i t has to be staggered,there is still the issue that they.do not have the same pot of money to pull from.He commented the majority of those cities in the compensation study also got medical paid for.We elected not to do that.I f the medical is added in,those cities are well over what we are asking for. We are still very much below market when you look at the whole compensation package.The $1,000,$900,and $800 are reasonable to ask for. Vice Mayor Eck commented he thought he resolved the first issue when he stated he would go with July 1.He stated he was comparing the data on salaries 1andwas not looking at the insurance packages.He does not know how much those are.The city does not generally look at the insurance package when it does job studies;they look at salaries. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 24 OF 41 Councilmember Dietz commented he thinks the salary increase is a little high.He agreed with the vice mayor at $900,$800 and $700.He thinks i t is a big chunk to just about double everyone's salary.He would rather see us be a little closer to what they were looking at and what the average is. Councilmember Milkey asked how this ordinance would impact the budget;if it would set the city back. City Manager George Hoffman stated it would be in the 05-06 budget.The amount of the increase,as a percentage of either the operating or the overall budget,will be miniscule.It will not reflect a significant operating issue. Councilmember Sippel asked how the additional language works that keeps the current rate in there until July 1, 2005. City Attorney Joel Stern stated the only change to the original draft is section E,which says "Until the effective dates noted above,the following monthly compensation shall apply: mayor,$600 per month;vice mayor $500 per month;councilmembers $400 per month".This is so they continue to get paid until July 1.Previously,with that not in there,they would have been working for free. Councilmember Sippel asked if they need to add anything in the motion. City Attorney Joel Stern stated they have the ordinance,and if they have no additional changes,it would be the one that gets passed.He has the final copy for the city clerk. Councilmember Waldron commented he had talked to the vice mayor today about being close to the market study.He had forgotten the market studies include the packages they are not asking for.He thinks the ordinance as written should be sufficient. Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 25 OF 41 Councilmember Sippel MOVED THAT ORDINANCE NO.1215 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried.. the ordinance by title only. Councilmember Waldron SECONDED THE City Clerk Kathleen Connelly read Councilmember Sippel MOVED THAT ORDINANCE NO.1215,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. FISCAL YEAR 2005 COMMUNTIY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECTS PROPOSED PROJECTS )Grants Specialist Roger Hacker briefed the council on the item.He stated the city has the opportunity to apply for two federal grants,one of which lends itself to short term projects that can be completed within 12 months.The other is longer term projects.Council approved a public input process in August as part of the requirements for applying for these funds.The next step is the public hearing,during which he must give the council and audience information on both of the federal programs and to get ideas from the citizens on possible projects for these two grant programs.Any projects that do not get forwarded on in this process will be retained for the next application process.The council may choose to invest in something for the community as a whole,and the public's ideas will be kept for the next funding cycle.The next step after this meeting is the work session of October 4,with the general meeting of October 5 where staff will seek direction on which projects suggested should be researched for additional information. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 26 OF 41 •CDBG -Administrative Assistant Melinda Larson stated they are looking for projects for the Regional Account and for State Special Projects.She stated the Regional Account application is due May 1,2005,.and ,is applied for every two years.The funding amount is approximately $300,000.I t is a guaranteed grant with projects to be completed in two years.The State Special Projects application is due June 1,2005 and can be applied for every year.The funding amount is $300,000. I t is a competitive grant. with the projects to be completed in one year.She gave a brief history of the Community Development Block Grant program which benefits low income areas,blighted areas,and urgent needs.She listed a number of projects that could be eligible.The food bank expansion was done using Regional Account funds;the project was tO"take 18 months so i t fit very well into the application.Other past Regional Account projects have been housing rehabilitation,the kitchen equipment for the senior center in the multi -generational center,fire protection facilities and equipment, library construction,housing,the center for people with disabilities and street improvements.State Special Projects projects have included the mobile command unit,purchasing nine vehicles for five nonprofit agencies and a victims'services program with the police department,and transportation. There were 24 applications submitted in 2004 for State Special Projects:all were reviewed,and one-third were funded.She added there are many opportunities for the public to participate in the local citizens' participation plan.Staff provides technical assistance and she commented on the process.There is also a grievance procedure she briefed them on.She stated the priority project from the leadership team meeting was neighborhood assistance and revitalization,including streets,sidewalks,and ramps, emergency assistance for homeowners .at a figure of $75,000,and housing rehab.Other projects suggested were regional' drainage south of the Trail by Wal-Mart,BMX facility,bark park,library expansion,rehab commercial property in the downtown area,small business assistance,public parking structures,regional retention improvements,and a regional domestic violence/child abuse forensic exam program with Pinal County.The leadership team selected as the priority project for State Special Projects the 800 megahertz communication system.The current system does not always allow officers to effectively communicate with headquarters and the officers cannot interact with surrounding agencies..The other projects suggested include retrofitting 3 box culverts in the Wal-Mart neighborhood,a mobile stage,and street improvements at Cedar and 16th Avenue.Additional Regional Account projects suggested at the public meetings include the infrastructure hook-up for proposed social service center on county land,rehab rental property for low income seniors,rehab low income owner -occupied houses,new affordable REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 27 OF 41 housing for low/mod families,low income -ownership housing.curbs,gutters and sidewalks from Meridian to Delaware on Broadway and Southern,job training/work force developments,a one -stop -center,-small business incubator,BMX bike park,and public transportation.-The State .Special Projects suggestions.fromithe public meetings include halfway house project and air quality improvement. Grants Specialist Roger Hacker stated this is when staff solicits comments from the public on projects. Mayor Coleman opened the public hearing on the item. Ms.Michelle Svabada,5335 E.32nd Avenue,Apache Junction,addressed the council.She is on the library teen advisory board.She would like -to suggest expansion of the teen compound at the library The teens need more space for books SO that the older books do not have to be thrown -out to make space for the new ones The teens need more space to socialize in andAhey would have more room-:to read:TheAeens need a:resource area.There :is not enough rowfor efficient research books- and there is only -enough room for Icomputers.They can only be used for one hour each day by any teen. Mr. _Cliff Axt,..10322 E -Breathless, Gold Canyon, „addressed the.council.He is the vice chairman on; the : Governor's Council orrAging and wished to:recognizellow the city has come, forward to help the seniors -.It is appreciatecrand they, would like the:city to:continue:to help the senior population.They will have some more cuts in• their budget for next year.They have about 100 tO .150:peOple waiting for meals on wheels. Ms.Candace Doak.1825 NL:ViSta Road,Apache Junction, :addressed the:council.She is part of the teen: advisory board and 'urged support for the teen compound at the :library.They need space for more computers,books and,teens. Ms.Charlie Makin,8896 E.Avenida- los flocheS,Gbid:Canyon,addressed: the ,counciL She is:also:on the teen advisory board atthelibrary.She supported expansion of the teen compound for more -books as they have to throw out good books because of new ones REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 28 OF 41 coming in.She commented the books are abused as there is •no room and they are crammed in everywhere. HMs.Paula Laska,97 N.Mountain.. Road, .Mesa,addressed the council.She is an adult urging support for the teen compound.Her son is on the teen advisory board of the library.They have worked on promoting thelibrarY as a place:for teens togo,and they are currently looking to increase drawing powertothe library as a destination place for teens.They need to expand and improve the teen compound:She feels the,coMpound:would be used all day,with home schooled kids coming to use i t during the daytime hours.. Mr.Morris Anderson,executive director of a nonprofit agency involved in housing,addressed the council. He is .currently placing a new homein Apache Junction.He:congratulated the teens on speaking tonight and taking an interest in the community.He urged the council to support affordable housing',rental rehab,and senior -citizens in the low income target groups.He stated this.community has been neglected for some time as far as this type of funding.He sits on:the Phoenix Council for Housing Neighborhoods andthe.Mayor's Commission on Disability Issues. He knows the money, they get to target specific neighborhoods for what has been:expressedtereAhis evening.These areas need to:be focused on to bring the kind -of economic development: that this city deserves:.Thereare:a large number of manufactured homes in the:area that pose health and safety -risks,' particularly those built -be -fore 1976.:This is an area that could be focused on and. his organization woUld,be interested in looking at it,bringing up thE standard of living and thequality:of life for- those that look at manufactured homes as an:affordable.:' housing.He believes these issues will! fit in'with both:CDBG fUndingHaccounts, Mayor :Coleman asked for his address. .Mr.Morris Anderson stated he is in the process of putting upa:house in the -area ,of 16th.Avenue.and.Ironwood. Mr.Preston -Romero 2711 lAL Tepee,-. Apache -JunctiOn-, addressed thecouncil.He is also.aJnember of the teen advisory -board.-He supported -the -teen compound expansion,.It would then be able tb_attractArlore:teenS:intb thelibrary,:helping to -eliminate illiteracy and helping younger children: tO get involved in reading:The'expansiornWould REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 29 OF 41 allow for more space for them to complete school assignments and give them more resources to help improve themselves. Ms.Lindsay O'Brien,1910 W.9th Avenue,Apache Junction,addressed the council.She supported the teen compound expansion.I t is small and they need more books.She would also like actual chairs instead of bean bag chairs.Other students think the town is "ghetto"and she commented they need to fix up the different places.She stated they also need more copies of books that are on the school book report list so that they do not have to go to Mesa to get copies. Mr.Adam Kalik,9196 E.Mogollon Trail,Gold Canyon,addressed the council.He thanked the council for letting them voice their opinions on this.The teens have a choice of going to library to do work or staying at home and working on their own computers. They want to try to make the library appealing to the teens as they are the future visitors and will be the ones to benefit from it.They need to realize there are all kinds of useful tools.When they walk by the compound and see a little hole in the wall,i t is not appealing.Expansion of the area is critical.Teens have short attention spans so they need an area that will capture their interest right away.They need computers,books,room to sit,room to socialize,and room to relax.I t is critical to get kids interested in education. Mr.George Diehl,653 S.Palo Verde,Apache Junction,addressed the council.He supported the 800 megahertz radio system for the police department as a priority in order to protect the patrol officers on the street and protect the citizens.He then would like to see the teen compound expansion funded. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Sippel asked how many students use the teen compound on an average. Library Director Pam Loui stated the teen compound is used most heavily in the evenings and afternoons after school.There have probably been times where there are 10 kids or so in the space.There are only 3 computers and they are often full,with kids around REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 - PAGE 30 OF 41 the table.There are 15 kids on the teen advisory board.We did an open house when it was first opened and they had about 280 teens attend.They opened the whole library to them at that time.They know there are teens that will use the facility,but i t is so small now that they will not pack in. Mayor Coleman asked if the library expansion is included in the library expansion plan and if the expansion of the teen compound is part of that.He wanted to know if this is where the money should come from. City Manager George Hoffman stated the original scope of work contemplated for the library expansion was to make use of the senior center as it was vacated.At the staff level,we are encouraging a longer range view of the library expansion.We want to encourage against making numerous,smaller expansions that result in portions of the library having to be torn down and rebuilt in the next phase.It may make more sense to try and do the next logical major expansion.They do not know what that will be.The expansion of the teen compound was not contemplated in the capital facilities plan.He thinks this is the perfect time to be bringing that up in this round of funding.They are currently trying to bring an architect on board to help conceptualize the work that needs to be done. Library Director Pam Loui stated there are lots of priority issues that need to be addressed in the next expansion.The expansion of the teen compound was not at the top of staff's list of projects that need to be accomplished right away.There were other areas at the library that had a higher priority.The teen compound expansion came from the teen advisory board.There was some attention paid to i t in the 3 year plan. Vice Mayor Eck commented this is how they get i t started,by their coming here.The library was overlooked on one of these CDBG funding cycles because it was not requested.Council requested to hear from those interested. Councilmember Insalaco commented these kids are the future,and they need to do something for them so that they do not go by the wayside.He would like to see the teen compound expansion in the mix. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 31 OF 41 Councilmember Sippel asked where the name "teen compound"came from. Library Director Pam Loui stated the teens chose it themselves.The grand opening had a contest for naming it. Councilmember Sippel asked if the high school library was not adequate or is i t not open late enough. Library Director Pam Loui stated she knows nothing about the high school library. A female voice from the audience stated the high school library is closed every other day,and when the city library closes at 5 p.m.,the high school library closes at 7 p.m. Councilmember Sippel commented there are a.limited amount of books for book reports for a reason.The students have 9 weeks to prepare the book report and many choose to wait until the last couple of weeks,and that is why they run out of books. Councilmember Dietz asked what kind of expansion they are looking at. Library Director Pam Loui stated . the teens had envisioned utilizing a park -like area outside the current teen compound that has some cement benches that are part of the landscape.,I t is a space that is rarely used at all because no one can get to it. 'Councilmember Dietz asked if that is on the north side of the library. Library Director Pam Loui stated . that is correct.They would like to enclose the space yet still keep:it a park -like atmosphere with the students able to use that area.Some of it,' would need to be -under roof in some way,with flooring put in.Part of it could stay' rather park -like.They have not spoken to an architect at this point. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 32 OF 41 Councilmember Dietz asked if they have plans forAhe senior center. City Manager George Hoffman stated there may be a:period of vacancy. Library Director ParriLoui stated they have discussed some things that they could put in that area.They have thought about,moving the audio-visual collection over there.as they are out of space in that as well. Councilmember Dietz commented he has been in that little north area and it is a really neat little area. Library DirectorlDaM Loul stated the teens thought so: that is why they brought it to the attention of the youth services librarian. Councilmember Dietz commented he would really like to see something happen over there. Mayor COleman asked if this would fit in for the criteria of the grants.. Grants Specialist Roger Hacker stated i t couldTfit into either grant application if it .could be completed within the time frame:allowed.It wouldte 2.years for the regional,with a definite $300,000-that we.would be getting,or one year that we may get through the state special projects. Vice Mayor Eck commented if they could come up with something formalized he would like to see i t as one of the possible projects.Tough decisions -will be made on the allocations,and they will prioritize from the formalizedHprojects. •Mayor Coleman closed the item and moved on to the next item.This was a public hearing only and no action was taken at this time. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 33 OF 41 None. NEW BUSINESS RESOLUTION NO.04-19,ADOPTING. A HAZARD' MITIGATION PLAN AS REQUIRED BY THE FEDERAL GOVERNMENT' )Public Works Director Doug Dobson briefed the council on the item:He stated Congress established the Hazard Mitigation Grant program in 1988.In 2002,changes were made in the Disaster Mitigation!Act with final compliance set forllovember 1,2004.The city is required to.have ,an adopted hazard mitigation plan to be eligible for free.disaster mitigation -funding and'it .must be adopted by a resolution.The cities,towns and tribes of Pinal County have been working together with J.E. Fuller to represent a plan for all the.entities,using the model plan for the Arizona Division of Emergency Management.Each city in Pinal County has created their version of the hazard -mitigation plan based on this model. Once the plan is completed,it will be submittedAo the state and FEMA prior to November 1 deadline.It contains the plan on -what will be worked on for the next 5 years;each October theHaccomplishments must be brought back to council and discussed:He is requesting approval of the resolution so that the plan can be submitted and the city will be in compliance with the Act. Councilmember Insalaco asked what would happen if they did not do it. Public Works Director Doug Dobson stated they would not be eligible for funding. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTIONrNO.04-19 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, : ADOPTING A HAZARD MITIGATION PLAN AS REQUIRED BY THE FEDERAL GOVERNMENT IN ORDER TO SATISFY -THE DISASTER MITIGATION ACT OF 2000,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 34 OF 41 VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS TRAIL OF FLAGS )Councilmember Insalaco briefed the council on the item.Currently the flags are up on Flag Day,Veterans' Day,Fourth of July,and others.The last day they are put up is Veterans' Day,November 11.The Veterans of Foreign Wars are willing to purchase flags and poles for all the states in the union,including a back up flag in case of theft or damage.They would like to have them up after November 11 and have them stay up through February 13.They would come down on Statehood Day,February 14.This way,there would be no problem with taking them up and down frequently.It would not involve a lot of work for staff.I t is basically the time when people are here. they would go up once and come down once. is correct. flags would come from. Veterans of Foreign Wars. City Manager George Hoffman stated Councilmember Insalaco stated that Vice Mayor Eck asked where the Councilmember Insalaco stated the Vice Mayor Eck commented a gentleman shook his hand outside to thank him for mentioning where the flags came from and he did not know anything about i t at the time. City Manager George Hoffman asked if the flags would be ragged at the end of the season because of the continued use. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 35 OF 41 Councilmember Insalaco stated they are willing to take care of it. City Manager George Hoffman commented he thinks i t is important that they look good. Councilmember Insalaco stated he had been told that that will be their responsibility. City Manager George Hoffman asked if there would be any other operational issues. There was general discussion as to when the flags would be put up. Public Works Director Doug Dobson commented he had talked to George Diehl about this earlier and they were considering mixing the American flags and the state flags.They got that worked out.Originally they wanted them up during the winter season from October through March.One of his concerns is that every time the American flags go up a crew has to be sent out to take the state flags down,roll them up,take them to the yard and store them,load the American flags up and bring them out to put them up.Councilmember Insalaco is now telling him the last day they would put the flags up for the calendar year is Veterans'Day. He is now saying the state flags would stay up from the day after Veterans' Day to February 13,with the American flags going up on Statehood Day, February 14.The state flags would not go up again until the following November.It takes a lot of time to put the flags up and down.The longest period the American flags stay up is for Lost Dutchman Days.They have to go out and attach flags or replace stolen flags and poles,so there is a maintenance problem there.They need to check the flags every other day to see if anything is missing.One of his staff commented they will have 50 flags,and if one of them is missing,they will need to know which one i t is. He suggested a number system to correspond with the flags in order to determine what one may be missing instead of having to go through all 50 flags.They would only need to worry about repairing or replacing flags. City Manager George Hoffman asked when Statehood Day is. REGULAR MEETING OF THE CITY COUNCIL • SEPTEMBER 21,2004 PAGE 36 OF 41 stated i t is February 14. Public Works Director Doug Dobson Councilmember Sippel commented he thinks they have an opportunity to try it.I t is no initial cost as the Veterans of Foreign Wars will be buying the flags and the poles.He suggested giving i t a year and reassessing i t at that time.If it does not work and is a big hassle because the flags are always being taken,they can monitor i t in the first year to see how it goes.They could also monitor i t year to year.If the Veterans of Foreign Wars has to purchase 42 flags every year,they may not want to continue doing it. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Sippel MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE TRAIL OF FLAGS AND DATES FLAGS WILL BE FLOWN:THAT STAFF BE GIVEN THE OPPORTUNITY TO MONITOR IT FOR A YEAR,THE PROCESS,AND THAT WE ADDRESS THE ISSUE AGAIN THIS TIME NEXT YEAR; AND THAT THEY BE PUT UP AFTER NOVEMBER 11TH AND COME DOWN BY FEBRUARY 13TH. Vice Mayor Eck MOVED TO AMEND THE MOTION BY ADDING WE ADDRESS IT IF NECESSARY. Councilmember Sippel accepted the amendment. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTRACTS WITH VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR FISCAL YEAR 2004-05 ) )Councilmember Waldron declared a conflict of interest on the item and left the room. City Clerk Kathleen Connelly briefed the council on the item.She stated the health and human services REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 37 OF 41 commission had $80,000: in city funds to distribute amongst -the applicants. The total applicant dollars was $144,000.They interviewed 6 applicants;• subsequent to that the commission continued their meeting and made their recommendations as f011ows:Apache Junction Reach Out Food Bank,$20,000 with -the stipulation that $15,000 be used for emergency food and $5,000 be used:for the utility costs to operate the large freezers at the:rood bank; Boys & Girls Club of Apache Junction,$15,000 with the stipulation that the funds be used for Project Learn;Catholic Community of St.George,' $10,000 with the stipulation that the funds be used for housing and utility assistance,including propane,monthly rent and/or mortgage payments;and prescription medications; Community Action Human Resources Agency,$10,000 with:the stipulation being that the funds be used for evaporative cooler repair/replacement for low income city residents in owner -occupied dwellings or for repair/replacement of utility related appliances or systems' for low income city residents in owner -occupied dwellings;Mesa Senior Services for the program at the Apache Junction Senior Center ;$21:000 with the stipulation that the funds be used -to continue the congregate meal program and the. home -delivered meal program;and Superstition Mountain Mental Health Center,$4:000 with the stipulation that the funds be used to provide the human services network information and -referral services.The funding is restricted to city residents. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a:motion. Councilmember Dietz MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING CONTRACTS WITH VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR FY 2004-05:THAT IT IS ACCEPTED AS PRESENTED BY THE CITY CLERK. Councilmember rnsalaco SECONDED THE MOTION: VOTE:64).;1.(Councilmember Waldron abstained due to:a conflict of interest.) The motion -carried. Councilmember Waldron returned to the room. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 38 OF 41 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT .6:00.PA ANDIWORK -SESSION AT 7:00 P.M.BEHELD ON , MONDAY,OCTOBER 4,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT EXECUTIVE SESSION AT 6:00 P.M:BE HELD ON TUESDAY,OCTOBER 5,2004,- IN THE CITY CONFERENCE ROOM:• Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous.. The motion carried. INFORMATION AND REPORTS . Councilmember Sippel announced he has a new baby boy,Kenneth Joseph. ADJOURNMENT )Mayor Coleman adjourned the meeting at.9:54'p.m. Consent Agenda -Items -are as follows: 1: Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 7,2004. 3.Consideration of Approval of Professional Services Agreement between the City of Apache Junction and Public Opinion Strategies to perform polling for Trust for Public Land in an amount not to exceed $15,000,and authorization for Mayor to sign agreement subject to form and substance approval by the City Attorney. 4.Consideration of•Award of Bid for Project PW 2004-22,Construction of Deceleration Lane on Phelps Drive in front of Wells Fargo Bank to the lowest, .most responsible bidder in a base amount plus 10%contingency for unforeseen costs.(Bid opening not held until September 16,2004,after Council packet was prepared.) REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 39 OF 41 5.Consideration of Award of Bid for Project PW 2004-08,Catch Basin Changes at Tomahawk Road and Weekes Wash to Visus,Inc.for their lowest,most responsible bid of $49,550 (which includes base of $40,726 plus Additive bid in the amount of $8,824)plus 10%,or $4,995,for unforeseen changes for a total not to exceed $54,505. 6.Consideration of Change Order #1 in the amount of $12,000 to Can -Am Engineering for construction staking of on -site and off -site improvements at Apache Junction High School Project PW 2004-09. 7.Approval of Resolution No.04-24,Maricopa Association of Government's Revised PM -10 State Implementation Plan for the Salt River Area to strengthen current street -sweeping protocols. 8.Consideration of Extension to Professional Services Agreement for Public Safety Department Management Services with Terry McDonald. ACCEPTED THIS 5TH DAY OF OCTOBER ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH ,2004.DAY OF OCTOBER DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 40 OF 41 • 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 21st day of September,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of September,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21,2004 PAGE 41 OF 41