Loading...
HomeMy WebLinkAbout2004-10-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 5.2004 The regular meeting of the City Council of the City of Apache Junction; Arizona,was held on October 5,2004,at: the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER. Mayor Coleman called the meeting to order at 7...00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Milkey led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Insalaco Councilmember Mil key Councilmember Sippel Councilmember Waldron Staff Present: (Councilmember Dietz was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern . Interim Public Safety Director Steve Campbell Library Director Pam Loui Development Services Director Rudy Esquivias Assistant to.the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 1 OF 37 Others Present:Assistant Planner Noel ,Griemsmann Grants Specialist Roger Hacker QDBG Administrative Assistant Melinda Larson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT OFFICER.RANDALL BETTS BE -APPOINTED TO THE PUBLIC SAFETY PERSONNEL. RETIREMENT BOARD FOR A TERM TO EXPIRE'AUGUST 6,2007:AND THAT RESOLUTION NO.04-22,A RESOLUTION OF THE MAYOR AND THECITY COUNCIL OF THE CITY OF APACHE:JUNCTION,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE:TOWN OF PAYSON:TO ESTABLISH A PARTNERING ARRANGEMENT FOR APPLICATION-FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BE APPROVED:AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN APACHE: JUNCTION MAIN STREET PROGRAM,INC.AND THE CITY OF APACHE JUNCTION FOR THE ECONOMIC DEVELOPMENT OF APACHE TRAIL AND DOWNTOWN AREA IN FISCAL YEAR 2004-05 BE APPROVED;AND THAT AUTHORIZATION'BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT;AND THAT THE PROFESSIONAL SERVICES AGREEMENTS FOR HUMAN SERVICES FUNDING FOR FY 2004-05 BE APPROVED AS FOLLOWS:APACHE JUNCTION REACH OUT,INC.$20,000: BOYS & GIRLS CLUB,$15,000;CATHOLIC COMMUNITY OF ST.GEORGE,$10,000; COMMUNITY ACTION HUMAN RESOURCES AGENCY,INC.,$10,000:MESA SENIOR CENTER, $21,000:AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,$4,000;WITH THE STIPULATIONS AS RECOMMENDED BY THE HEALTH AND HUMAN SERVICES COMMISSION;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENTS AND THAT THE APPOINTMENT OF STEVE CAMPBELL AS PUBLIC SAFETY DIRECTOR/POLICE CHIEF EFFECTIVE PURSUANT TO ORDINANCE 1216,BE RATIFIED. Councilmember Waldron SECONDED THE: MOTION. VOTE:Unanimous.(The vote on Item 6 was 5-0-1 as Councilmember Waldron abstained due'to a conflict of interest.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 2 OF 37 AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation declaring October 18,2004 as "Pilot International Day"and presented the proclamation to a representative of Pilot International. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY CO.,SERIES 10 LIQUOR LICENSE FOR ORANGE FOOD STORE #8 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located at the intersection of Idaho Road and North Apache Trail.Staff has received several pieces of correspondence on the item.Sergeant Rodgers of the police department raises some issues regarding the residency status of the applicant and whether or not they have the appropriate documentation.The planning department raises some issues relative to complying with other city regulations because the facility has been vacant for over a year.Those issues have not yet been resolved;Steve Abraham is meeting with them at the end of this week.The fire district has not been able to complete their inspection;they are suggesting conditional approval.If the council sends i t forward to state liquor with conditions they would probably not take i t into very much consideration.I t is unusual for us to have indicators from three different directions that perhaps the liquor license should be delayed, but in the memo from Jan,she checked to see if the city would still be within the "safe"window if the council wished to continue this.It could only be continued for two weeks,as it would be beyond the 60 days to respond if it was continued to a date later than two weeks.The applicant has been requested to appear this evening. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 3 OF 37 Mayor Coleman requested the applicant address the council.The applicant was not in attendance.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing.He commented his preference would be to continue i t for two weeks to see if the fire inspection and other things could be completed. Vice Mayor Eck added they could get the residency question resolved.He asked if the city would be contacting them to inform them of what was needed. City Clerk Kathleen Connelly stated staff will attempt to contact them and provide them with copies of all of the correspondence and ask them to address the issues.She does not know if the State looked at the application when they received it.She believes they wait until they hear from the municipality and then they look at what they have in front of them.They are supposed to meet with Steve so that will give them an opportunity to go over to the clerk's office,also. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY CO.,SERIES 10 LIQUOR LICENSE FOR ORANGE FOOD STORE #8 BE CONTINUED TO THE OCTOBER 19TH MEETING. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-26,CASE CUP 03-90, REVIEW OF CONDITIONAL USE PERMIT FOR THE DESERT GOLF CENTER DRIVING RANGE LOCATED AT 1061 OLD WEST HIGHWAY )Assistant Planner Noel Griemsmann briefed the council on the item.He stated the conditional use permit was passed in 1990 for the operation of the Desert Golf Center.This is basically a review of the permit.There have been incidents that have led REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 4 OF 37 to the investigation of the file by staff to determine if the terms of the permit were being complied with.Staff has had dialogue with the operator of the center to address some of the questions.There are a few issues staff would like to bring before the council for them to consider.The first issue is insurance.The permit presently calls for a $1,000,000 coverage for the golf center.The golf center is located on the south side of Old West Highway just east of Royal Palm.The policy currently in place has a damage limit of 500 feet.A 500 foot limit is approximately 166 yards:a 306 yard hit would carry all the way to the north edge of the site.The insurance does not provide any coverage beyond the 500 foot limit.A well hit golf ball would exceed that boundary limit.I t is a concern of staff and the city attorney's office as far as making the intent to protect the city in the case of an incident out there.The other issue is documentation.There is nothing in the permit that calls for continuous documentation.There is one certificate of insurance from when the operation initially began in 1990. The property owner had provided a certificate of liability with an effective date of May 2004 when requested.The city is listed as a listed party.I t is unclear if the city is supposed to call every year for documentation on proof of insurance or if the golf center is supposed to submit something every year to the city.The temporary nature of the enterprise needs to be looked at;the applicant stated it was a temporary operation in 1990.The golf center has been in operation for 14 years and traffic counts have gone up and things have built up in the area.The third issue is whether this has become a demonstrated hazard.They have had reports of golf balls in the median,as well as entering neighbors'yards.Resolution 04-26 is a rehash of the original staff recommendations from 1990,including screening options. The planning and zoning commission originally denied the conditional use permit resulting in it going before the council.The commission had called for some screening and protection to protect advert golf balls from entering the right-of-way or the yards of neighbors.The modified language clarifies the revocation process,requires the $1,000,000 of insurance coverage, clarifies there will be no distance limit,and provides coverage for any incident involving the operation of the golf center.The policy is to be submitted to the zoning administrator every year when the business license is renewed.Any changes in coverage occurring will require notification of the development services director within 2 business days. Councilmember Waldron asked the status of the 4 buildings on the property. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 5 OF 37 Assistant Planner Noel Griemsmann stated most of the buildings are acceptable with minor modifications;that . language -is in the conditional use permit.They could not find any permits on most of them,which is another issue,but they can get them straightened out as i t is just a layout issue.There is a manufactured home parked on the :premises that belongs to the golf center.The conditional use permit ',does .not list the storage of a recreational vehicle as one:of the uses.Council . may want to add that as.a use to clarify or specifically deny its use Mayor Coleman requested the applicant address the council. Mr.Lloyd K.Ray,Jr.,addressed the council.He stated the property is being leased from Paul Connolly and Associates.He had made copies of some paperwork he wanted to make part of the record and distributed the paperwork.He requested more than 5 minutes for his presentation,if needed.He commented he was asking for more time because the city is trying to shut the business down. Mayor Coleman stated he could have more than 5 minutes. Councilmember Milkey stated they -are not here to shut them down tonight;they are here to review the permit. Mr.Lloyd K.: Ray,Jr.,stated he has letters stating that Rudy Esquivias and Noel .Griemsmann are shutting him down today.He read a statement declaring himself as the lessee of the property and requesting a postponement ofthe issue that evening for at least 7 months or at least to .May 1,2005.He claimed he has spent an estimated $200,000 or more in the_past 10 years on the business to keep i t continued, and $10,000 towards the preparation of the opening of business for this. coming winter season.This session is preventing or deterring him from performing necessary functions to operate and promote the business.He was, informally notified by Noel Griemsmann of this hearing on September 17_He claimed to be overwhelmed with the legal implications .on the issues presented.He did not feel he was given sufficient time to prepare an answer for the review and it would be unfair for a decision to be made tonight.He stated this is a complicated matter and he requires at least 7 months or until May 1,2005.He had opened for the winter season this date and his REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 6 OF 37 limited amount of time should be considered for the postponement.He asked if this could be postponed to allow him to prepare. Councilmember Milkey commented i t is not an unreasonable request,but this is a public hearing and they should hear some things tonight. Mr.Lloyd K.Ray,Jr.stated he would like to reserve the right to speak after the public has spoken. Mayor Coleman agreed to the request.He then opened the public hearing on the item. Ms.Marilyn Ryusaki,1061 Old West Highway #H-10,Apache Junction,addressed the council.She requested to .have morethan .fiveiminutes..-She is Lloyd Ray's assistant. Mayor Coleman asked how much longer than five minutes she would need. Ms.Marilyn Ryusaki stated she was going to try to Explain the entire situation,but decided only a few facts would be important.She estimated she might need 15.minutes;if she went more than that she would ask for their permission. Mayor Coleman stated he was not inclined to grant that much time. City Attorney Joel Stern stated i f she is associated with the lessee or applicant,i t could be part of Mr.Lloyd Ray's presentation.He does not think it would be out of line.He added a continuance would not be out of line.However,they must still have the public hearing,followed by a motion to continue the matter for a date certain.I t is up to the council how long they want to continue the matter. Mayor Coleman commented they would hear Ms.Ryusaki's presentation. Hs.Marilyn Ryusaki stated she. wanted to refer to the letters dated March 16,2004,and April 16,2004_ These areover a citizen's complaint that was written to the Desert Golf REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 7 OF 37 Center.The citizen did not present any written verification such as an estimate of damage repair cost or a claim from the insurance carrier.A photo of the dent on the vehicle was attached.She stated the March 16 letter is exaggerated.She gave the council a golf ball to judge its weight. She stated any reasonable person would assume that a golf ball would not land with considerable force like a missile,or hit with this kind of force.The March 16 letter to the golf center alleges a written estimate of damage repair was attached.The estimate is not attached to the letter forwarded to city staff.She provided a copy of the estimate to the council.The Desert Rose Collision Center provided an estimate for damage with a date of loss designated as March 15,2004.The golf center received a letter claiming the damage occurred on March 8,2004.On September 20,2004,a fax was received from Desert Rose Collision Center stating the date of loss reflects the date the damage was incurred.She thought this is why the citizen did not provide staff with the estimate.Approximately March 19,2004,she went to the citizen's home to take photographs of the dent.The citizen's husband told her a golf ball did not hit him.She claimed the citizen submitting letters to the business owner was hearsay,containing exaggerated or faulty descriptions or information that is harmful to the business'reputation.The exhibits she submitted to the council make i t questionable that a golf ball caused the damage to the vehicle,or i f it even was a golf ball.She believes i t came from a closer distance,possibly from someone's yard.On August 4,2004,the business owner reported the claim to his insurance carrier.The insurance carrier investigated the claim and found that the person who hit the golf ball would be liable if it came from the golf center. The business owner is not liable for the negligence of others.The insurance carrier also did not find that the golf center could be legally held liable, and denied the claim.They did not dispute that a golf ball struck the vehicle.They suggested a claim be filed with the personal automobile insurance carrier.The business insurance carrier stated they had settled the claim and sent the citizen a $500 check on or about October 4 to repair the vehicle.They did not provide any compensation for the personal injury claim alleged by the citizen.She commented that when the claims representative spoke to the citizen regarding the personal injury claim,she refused to allow them to speak to her husband.They could not reach a conclusion with regard to the injury claim.The business owner agrees to the city being an additional insured for $1,000,000 and being provided with a certificate of insurance.Their insurance carrier is working on the matter of unlimited distance coverage.They are currently providing unlimited distance coverage,but due to the shortage of time they were unable to get all the documentation in time for this meeting.They will submit it to the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 8 OF 37 assistant planner once they receive the documentation.The former applicant, Glen Tenhoven,intended to have the permit temporary.She feels this is a matter to be addressed by the property owner,not by the council.The property owner refused to attend this hearing.She told Mr.Connolly that the permit is something the city should be talking to him about.She does not think his intent is for it to be temporary.She gave a brief summary of the lessees who "inherited"the permit,with the most current being Lloyd Ray. Vice Mayor Eck asked if she would acknowledge that a golf ball could go the distance to meet the houses.The distance shown is between 250 yards and 280 yards. Ms.Marilyn Ryukasi stated they are not a golf course;they are a driving range.They have a specific area assigned as the teeing ground.They hit from certain marked rows.The Surra's residence is located to the extreme right side of the property. Vice Mayor Eck commented i t is 280 yards away. Ms.Marilyn Ryukasi stated that is approximate.She stated the council could go there and they would measure it. Vice Mayor Eck commented he has been there;he took lessons there. Ms.Marilyn Ryukasi reiterated the Surra's home is at the extreme right side of the property.There is a huge mesquite tree in the back of their yard;i t is tall and half as wide as their house.She believes it protects them from any balls.If a golf ball goes into the tree,it will stay in the tree and land on the ground.To the right side of the house,there is a large row of mesquite trees that protect the house.You cannot even see the house. Vice Mayor Eck commented he does not believe the mesquite trees are enough of a barrier. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 9 OF 37 Ms.Marilyn Ryukasi stated Lloyd Ray is actually the one who can answer that question.She is only his assistant;she is not a professional golfer. Mr.Fred Enriquez,980 E.Broadway, Apache Junction,addressed the council.He has worked for the golf course since shortly after i t opened.He polices the area,checking on where the golf balls go.He advises the staff when someone is hitting way right and they give him permission to go and straighten the customer out.They used to have a lot of wild people there before Apache Creek opened.A man named Steve used to have his place bombarded by a lot of balls.At that time,Roy Hudson and Lloyd Ray brought in some equipment to reroute everything;they extended the range back another 50 yards so that the balls would not reach over there.Using a radius of 200 yards,the Surra home is another 120 yards to the south.It would have to be a terrific slice to make the damage that it did.They have eliminated the balls going into Steve's yard,other than 2 or 3 that go under a gate.He can recall one time when one of their balls went onto Mrs.Surra's property and landed about 10'inside after hopping a 2'fence.He has been a golfer all his life,he teaches,and he knows what golf balls can do.When a golf ball hits,it makes a small indentation,even dead straight at 100 yards.A slicing ball will not make that kind of damage.He has been hit several times by sliced balls and i t stings,but i t does not do much damage.He does not believe the damage was done by a ball from the driving range:it must have come from closer by.Golf range golf balls are not made well and if they are hit well,they will split and not have the impact of regular golf balls.He has heard they are stating they have had buckets of balls hitting their roof;no one has complained to them and if it had been happening to him,he would have complained about i t happening.They only get elderly people during the winter;they got rid of all the young people.When they did have young people,they told them to hit 5 irons,not drivers.Anyone that can hit beyond 250 yards on the fly would be a pretty good golfer.A weekender cannot hit the ball that far;it would only go 180 to 190 yards on the fly and then roll another 30 to 40 yards. They could stop in at any time and see that the people there are in their 60's and 70's and none of them could hit over 200 yards,even with the roll. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She commented she did not realize all the golfers were so old,as the golfer who hit her car was in his 20's.The planning department staff has provided background information to the council.Mr.Tenhoven,Mr.Connolly and Mr.Buck worked well with the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 10 OF 37 residents -whose properties were in close proximity.Somewhere along the way the intent of the stipulations of the permit has not been met in actual practice.The revised version is much better.She still has some concerns:, however.She has had. aiDersonal problem with having had damage to a vehicle parked in herdriveway in front of her house.She had brought some -golf balls with her that had landed in her yard over the last season.She used to throw them back.After the incident in March,she held onto them,especially the one that hit her car.The car is here tonight if they would like to view the.damage.A good golfer would probably not come near her property because they =would hit straight,but people on a driving range are there because :they feel they need the practice.A sliced ball can have a tremendous impact when it hits American -made. cars.The issue was not the damage to the car,the issue was that the city issued a permit that stipulated insurance had to be held.The property owners that bordered the driving range only said they, would go along with having the driving range if there were assurances that any damage done to property or person would be covered.The city put in -that - stipulatiorn unfortunately it was not interpreted the same way.They put a restriction on the length or distance by which they would cover.If it was a patron,it would be their responsibility.The golf center would have abrogated any liability or responsibility.She does not believe most • businesses would do that.She commented this is the first she has heard.that they are going to pay the claim,figuring they would not get paid since the: golf center did not have adequate coverage.She is not vindictive enough to go after:the City for issuing the permit to a business that was hazardous to the neighborhood.I t should not come out of taxpayer funds.The estimate from Desert Rose was given the day of or the day after the incident.She does not know how i t goes into the computer or how it is assigned.She added they drove the vehicle over to the golf center the day i t occurred and showed it to Mr.Ray,who.thempointed out the gentleman who hit the ball.Her; husband got his name and phone number,but they do not feel he is liable for something that happened at a business.She is not here to close down Mr.Ray and.the Desert Golf Center.She is asking the council to look at certain things in the new,revised,permit to clarify some of these issues to prevent problems in the future.She asked if item 1 really addresses the issue of parking and storing of other kinds of vehicles on the property;the city does. not need.another mini -storage for used or unused vehicles.It would not be complimentary to the neighborhood.She commented the 4.0'fence along Old West 'Highway would not be too bad,but having i t behind the properties adjacent to the driving range could affect their view of Superstition Mountain if it was too- dense.She hopes it will be netlike;she requested they-not .make i t a block wall. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 11 OF 37 Vice Mayor Eck asked if she would have .a problem with having a netting behind her house. Mrs.Anne Marie Surra commented as long as i t does not mess up the view of Superstition Mountain.Right now everyone that lives on that side has a beautiful view of the mountain.She, is aware they have looked at businesses along Apache Trail to make sure the: views of the other.businesses have not been affected:She hopes for equal time,and .they were there before the: golf center.She would also like to see clarification in item 5 that the easement for the water retention area does not belong to Desert Golf Center.She commented this has been a temporary permit and the property owner did not have anything to do with the business: having the permit.The permit is for the business-,not the land.She believes a regular review is needed as this is a temporary permit and item 6 does not address a process to review for safety hazards.She believes: it should be done periodically to warrant the extension so that they can stay in business in a.safe and orderly manner.She is also concerned about the amount of insurance in item she does not think $1,000,000 is enough these days to insure that the city will not have to use public taxpayer monies to pay claims because people will see there is a deep pocket.She suggested a higher dollar amount to protect the taxpayer funds.A golf ball could slice the other way onto Old West Highway,hit a vehicle and cause an accident.I t could be tremendous dollars out of,the.city pockets.She also suggested that a copy be -given to the city of every claim that the business owner submits to the insurance company.They could .then monitor the safety problems.The wording in item /should also include not just the owner of the business,but include the people who partake in their services.The customers should not have to be told they are responsible for any damage their golf ball does. She commented that every year,she_collected a small bucket of balls and then she tossed them back.The "Steve"that they referred to is Steve Darling who lives one house beyond hers.He really complained about the balls and got something:done... He is farther awaythan her so she, does not think i t is unusual for her to get that many balls.They came to an agreement with him, but one ball almost hit one of his children.The residents are the big concern,and they have to be concerned about people who are visiting with them being hit by balls.There are more children around,than there were in 1990 that play in the streets and backyards.The safety issue is a concern. The insurance claim she put in was not a part of her presentation tonight. She is asking the council to do what is right to preserve the safety of the _ neighborhood.There are more children,especially with the apartment complex going in there:She would like to make.sure they can address monitoring the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 12 OF 37 things that are put in as stipulations,possibly making each review date certain,or have i t based on the number of claims given. mayor if he was the mayor in 2000. Mr.Lloyd K.Ray,Jr.,asked the Mayor Coleman stated he was. Mr.Lloyd K.Ray,Jr.,stated the mayor called his office on October 14,2000,and asked why he would not allow Anne Surra and her husband to use the property as they saw fit.She was a city councilwoman at that time. Mayor Coleman stated i t had something to do with the easement. Mr.Lloyd K.Ray,Jr.,stated she wanted to use their property to do something in her backyard because she said that she could not achieve whatever she was attempting to achieve by doing i t from her front yard.She came to him as a city councilwoman and demanded that he let her use that property.He told her no,and she went to the mayor.The mayor called and asked,then hung up the phone on him.Roy Hudson came to his property and told him that Anne Surra would have been fired if he had been mayor for using "Gestapo"tactics. Vice Mayor Eck commented he does not see what that has to do with this. Mr.Lloyd K.Ray,Jr.,stated she has been trying to use this property for herself. Vice Mayor Eck commented this is 4 years later. Mr.Lloyd K.Ray,Jr.,commented i t happened in 1995,1996,1997,1998;1999,and 2000.She has not been there in 2001 through 2003,and now she shows up in 2004 and says the golf ball hit her van.The sign has been on the driving range for 8 years. Mayor Coleman commented he does not remember hanging up on him. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 13 OF 37 Mr.Lloyd K.Ray,Jr.,stated he did call him,though,trying to use his official capacity as mayor,and asked why he would not let Mrs.Surra use the property.It was in October, November and December,and that is their busy season.The insurance company would not have stood for the liability. Mayor Coleman commented he just asked him the question. Mr.Lloyd K.Ray,Jr.,stated the sign has been out there for 8 years,setting at 600'on a straight line. They circled it with corrugated steel which is a lot "wimpier"than steel put on a vehicle.The pictures show what would happen at 737'when a golf ball hits it.The gentleman who hit the golf ball in question was 55 and they have not seen him since then.He is a winter visitor.You will not see at 600'what is seen at 730'.They could not match any dent except possibly the 100 yard marker.I t is made out of the same steel as their van.I t has a round marking on it,not a teardrop marking.For her to say that a golf ball hit her vehicle,it would have had to have traveled 1.400'in the air.He is not aware of any golf ball that can travel in the air that far.If the van was hit with a golf ball,i t had to come from someplace closer. Mayor Coleman commented he is not sure they are trying to settle the insurance claim. Mr.Lloyd K.Ray,Jr.,commented he objected to the insurance claim but they decided to do it,because they turned around and gave him unlimited coverage. Mayor Coleman commented he is not sure that is what they are talking about. Mr.Lloyd K.Ray,Jr.,stated she is claiming the insurance policy is very important here. Mayor Coleman stated i t is obvious to him there are balls going into their yards. Mr.Lloyd K.Ray,Jr.,stated there are no balls over there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 14 OF 37 Mayor Coleman commented she is supposed to have purchased those to mislead the council. Mr.Lloyd K.Ray,Jr.,stated there are kids that steal golf balls from the driving range all the time.They have police down there all the time.Those balls can be bought at any time, and they are in the next door neighbor's backyard which is 900'away from the hitting area.He stated if those balls came from the driving range,then they were stolen by the kids who are out there. Mayor Coleman commented she went over there and he pointed out the gentleman who hit the ball that went into her yard. Mr.Lloyd K.Ray,Jr.,stated he said the gentleman supposedly hit the ball. Mayor Coleman commented they are supposed to be discussing if the conditions of the conditional use permit are being adhered to and if they need to be revised.They are not to be discussing the insurance claim,nor the argument between Mr.Ray and Mrs. Surra.He does not think any of that is relevant. Mr.Lloyd K.Ray,Jr.,stated i t is relevant in the amount of insurance Rudy is trying to put upon them.Mrs. Surra wants $2,000,000 insurance coverage,and he does not see a problem with that.They already have a $2,000,000 policy. Vice Mayor Eck commented they are part way there then.They are making some progress. Mr.Lloyd K.Ray,Jr.,stated he has never objected to having the city as an additional insured.He stated Mrs.Surra wanted the city to file a claim on behalf of her with the insurance company.The city cannot do that;i t has to come through the business.The insurance is written for the protection of the employees who do wrong.The 500'was for employees who might have done wrong.Now they have unlimited to Florence or Globe or Texas and they can make a claim.The average golfer in the United States according to the United States Golf Association hits the ball a maximum distance 210 yards,or 630 feet.She is claiming that a golf ball struck her van at 725'.I t cannot do the damage REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 15 OF 37 she is claiming,which is why he is protesting.I t could have been hit by a golf ball from one of the kids next door.-His test proves that i t could not have done the damage at 725'that is on the van. Mayor Coleman asked.what he is objecting to in the conditional use permit. Mr.Lloyd K.Ray,Jr.,stated the original permit is perfect,The building- has been there for 14 years.-The parking and hitting areas have been there'. 'They have added a putting green Nothing has been added except to make things safer for the general public. They have never had an incident in 14 years until now.Now a next door neighbor who was trying.to use the property is saying that :a golf ball did that.He:Filed a claim:with-the insurance company about personal injury, She,Rudy,and Noel are claiming personal: injury,Mrs.Surra would not let the insurance agent talk to Mr.Surra about -the personal injury claim;that tells him that he was not injured. Vice Mayor Eck commented the fact is that: the balls can reach-that far. Mr.Lloyd K.Ray,Jr.,stated they cannot.Driving range balls are imperfect. Vice Mayor Eck commented he just hosted a golf tournament and the longest drive was 348 yards. were using real golf balls. go as far as real golf balls. do not,and be can prove it to them. go 250 yards. will not. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 16 OF 37 Mr.Lloyd K.Ray,Jr.,stated they Vice Mayor Eck asked i f range. balls Mr.Lloyd K.Ray,Jr.,stated they Vice Mayor Eck asked if they would Mr.Lloyd K.Ray;Jr.,stated they Vice Mayor Eck asked why the golf shack down at Apache Creek is dented. Mr.Lloyd K.Ray,Jr.,stated he did not.know.. Vice Mayor Eck commented i t is because the golf balls are bitting it.I t is 300 yards away from the tee box,. Mr.Lloyd K.Ray,Jr.,stated they are dealing with young people,not old people. Vice Mayor Eck asked about the percentage of people. Mr.Lloyd K.Ray,Jr.,commented he was going to have to educate them.He has gone to the Professional Golf Association business school. Vice Mayor Eck commented he is talking about the percentage. Mr.Lloyd K.Ray,Jr.,reiterated not at his driving range.They do not allow people under 55 years old on the range.It :is a senior ,driving range and it is not made for young people like Apache Creek.If you play Apache Creek,you will see:balls on the greens and fairways,and those are young people,not old people. Councilmember Sippel commented he might want tote careful with discrimination because there are some people that are younger than 55. Mr.Lloyd K.Ray,Jr.,stated they do not allow that because they do not have the skill level to hit the ball in our driving range. Councilmember Sippel stated he appreciated his saying that. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 17 OF 37 Mr.Lloyd K.Ray,Jr.,stated they do not want the young people;they want the old people.They do not have the skill level to hit the ball that far.The guy who supposedly hit the golf ball was 50 some years old.No one has that skill level;he has played professionally.He does not hit the ball 240 yards in the air most of the time.I t is always less,with the ball rolling on the ground.They do not have PGA players,senior PGA players,LPGA players,or the "flat -bellies" coming down from Gila River to play at their place.He again showed them what a golf ball does at 600 feet on corrugated steel. Councilmember Waldron commented they have heard this multiple times,and he thinks they have heard i t enough. Mr.Lloyd K.Ray,Jr.,commented changing the permit is unrealistic insofar as how it is set up for 1990. They are in material compliance with everything in the permit.They have been investigated by Noel and Rudy all summer long.They have not had a letter stating they are in noncompliance.He does not see the problem. Vice Mayor Eck asked if he would put up some type of 40'netted barrier for a certain amount of feet. Mr.Lloyd K.Ray,Jr.,stated the owner of the property should do that.He has the responsibility to make the property safe.The business is there because the owner wants it to be there. The netting was proposed in the 1990 permit but everyone on the south side stated they did not want i t because it would block their view of Superstition Mountain.They have rearranged the golfing range so that no golf balls can get outside.He questions the balls going across US 60;he has been there for 10 years and never seen a ball across US 60.That allegation by Noel and Mrs.Surra is absurd. Councilmember Insalaco commented he is calling him a liar because a golf ball went across in front of his truck last year as he was going east on the highway. Councilmember Sippel agreed that they are over there. Ms.Marilyn Ryukasi stated it could happen. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 18 OF 37 Mr.Lloyd K.Ray,Jr.,stated the possibility of i t happening is ten million to one.He commented if the driving range ball is an imperfect ball,and you go to the companies to see how they are manufactured,they do not go as far as real golf balls.They have nothing but range balls on the driving range.Regular balls are made to go farther if the skill level of the person who is swinging the club is up to speed and can do it.Everything is skill level.A driving range ball is not round,i t is dimpled differently,and everything is different about them. Apache Creek has 6'4",250 lb.gorillas out there and their skill level may be good enough.They do not come to the senior driving range:they do not allow it. Mayor Coleman asked him if he had anything new to say. Mr.Lloyd K.Ray,Jr.,stated he would like this to be postponed to where they can really sit down and have another public hearing where they can talk about the legal aspects and legal complications that might occur.There are legal issues here that need to be addressed. Vice Mayor Eck asked if he was talking about the insurance. Mr.Lloyd K.Ray,Jr.,stated the insurance,although that is moot as they have worked out unlimited coverage. He stated that any insurance agent that sells golf course or driving range insurance will advise that if a ball goes beyond a certain limit,such as 600',although they are saying 500',there cannot be much damage.That is why there is a limitation on it.There is a limitation on everything.Their limitation is $2,000,000 on everything.He has no problem if the city wants to go to that coverage as they are already there. making progress right there. are not making progress. Vice Mayor Eck stated they are Mr.Lloyd K.Ray.Jr.,stated they Vice Mayor Eck asked if he did not want to make some sort of compromise to make this work. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 19 OF 37 Mr.Lloyd K.Ray,Jr.,stated there are legal issues other than the insurance. Ms.Marilyn Ryukasi stated the current legal question involves a memorandum sent to the council on September 21,2004,from the development services department.She believes a memorandum is an agreement as i t is defined in a dictionary.The memorandum was reviewed by the council at a work session.I t basically states i t is a request to review the conditional use permit of the Desert Golf Center.On or about April 16,2004,the development services department received a complaint about a citizen and their property being struck by an errant golf ball.She stated the citizen claiming her husband was hit by the golf ball is here tonight.She requested the husband come up and tell everyone if the golf ball actually hit him;he had told her that i t had not.He also told Mr.Ray and the golfer that i t had not.She wants i t clarified and would like him to tell the "court"that i t did not.She added i t seems to her that they are conducting this as a "court." Councilmember Milkey stated they are not attacking her nor have they said anything derogatory. Ms.Marilyn Ryukasi stated she knows they have not. Councilmember Milkey commented she is being extremely vociferous. Ms.Marilyn Ryukasi stated that is because she has to in order for them to hear what she is saying.She repeated that she would like to have the citizen come up and tell the "court" now. Councilmember Milkey stated they had been on this matter for over an hour now. Ms.Marilyn Ryukasi stated the basis for what Mr.Griemsmann and Mr.Esquivias are saying is about an errant golf ball from the Desert Golf Center.This is what caused them to write this resolution. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 20 OF 37 Councilmember Milkey commented they have yet to ask any questions about that. Ms.Marilyn Ryukasi stated they have read the memorandum.They .are well informed about this.She again requested Mr.Surra to come up and tell the "court",as i t really pertains.to this case. Councilmember Milkey stated they are concerned about the safety of the community. Mr.Lloyd-K.Ray, Jr.,stated they do everything they possibly can doAo keep the area safe.There is always a chance that a golf ball,whether it be on a golf course or a tiriving range; or in someone's backyard,could conceivably hurt someone.They have no problems with that.He has worked at golf courses all his life,until he bought this place.He has been hit with 'golf balls.However,he has never had anyone turn around and make a claim of personal-injury:Rudy and Noel are claiming personal injury,but where is it?They are basing this on personal injury..The council is basing i t on the probability of a citizen getting hurt at some future point down the road. Councilmember Insalato commented he thinks that is a very good reason why they would like to have this taken care of. Mr.Lloyd'K.Ray,Jr.,stated the driving range has to have become a demonstrated hazard.There has not been any person that has ever been hit at that driving range.He cannot comment on the car as i t is out of. his range.They=do not allow anyone except 55 and older to come there. Vice Mayor Eck commented that is new to him.: Mr'.Lloyd K.Ray,Jr.,stated they do thattecause of safety reasons.They send all the 'flat -bellies"down to, the golf course.They can hit down there all they want.He does not allow them to come to his driving range because people will ask. him.if he has ever had people who bit the ball over:the street.If they are looking at the street and not the signs,they are not for his driving range.They ,may think REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 21 OF 37 i t is wrong for him to send all the young people down there,but this way they have the headache instead of him. Mayor Coleman asked if anyone else had a question for him.No other council member had a question. Mr.Lloyd K.Ray,Jr.,commented he wished Councilmember Insalaco had come to him and said something about that happening. Mayor Coleman stated Mr.Ray could be escorted out or he could sit down.He has taken enough of the council's time on this issue.He asked if staff was claiming personal injury. Assistant Planner Noel Griemsmann stated they are not:The initial complaint involved alleged property damage which led staff to looking into the file.That is not an issue for the council:i t is :a private matter between the individuals. Mayor Coleman commented that is what he was trying to point out. Assistant Planner Noel Griemsmann stated that is .correct.Staff is interested in input from the council on the issues of insurance the temporary nature of the enterprise,and whether or not it may be ,a demonstrated hazard:The, issue of whether an individual was hit or not by a projectile is not something they are concerned.with.I t has nothing to do with -this case. City Attorney Joel Stern askedwhen a notice was sent to the property owner of this hearing. Assistant Planner Noel Griemsmann stated the property owner and the business owner were sent letters on September 15 to let them know what was goingto occur;it went -out certified and regular mail.The formal notice that all the 300'property owners receive went out to them as well.There were three different notices sent out. City Attorney Joel Stern asked i f that was for tonight's hearing. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 22 OF 37 Assistant Planner Noel Griemsmann stated that is correct. City Attorney Joel Stern asked i f he was seeing a green card in the file,and what it was for. Assistant Planner Noel Griemsmann stated a return receipt for the September 15 letter. whose signature is on it. stated i t is Mr.Ray's signature. City Attorney Joel Stern asked Assistant Planner Noel Griemsmann City Attorney Joel Stern asked i f the green card had been returned from the property owner. Assistant Planner Noel Griemsmann stated the property owner was notified by regular US mail.He spoke with the property owner last week.He had received the notice and was aware of the hearing. Vice Mayor Eck asked who is liable for a golf ball doing damage,or does i t depend on the conditional use permit. City Attorney Joel Stern stated i t is regular negligence.If he hits a ball and i t slices and hits someone in the head,he could be liable.The property owner and/or the business owner could also be liable for negligence,depending on what precautions were set up to stop the balls from going beyond the property line.I t is a negligence lawsuit that would have to be litigated. Vice Mayor Eck asked if they did not take any action on this,would they be setting the city up for some type of liability as they realize that a golf ball has the potential to reach these homes.They need to have some type of barrier to try to prevent that. City Attorney Joel Stern stated in his opinion there should be some kind of netting at the very least.There REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 23 OF 37 should be some type of obstacle to stop golf balls from going over into the adjoining properties.It would be a reasonable measure that the court would see as practical that the city did and the city would not be liable to the individual that got hit. Vice Mayor Eck commented if someone is hit,that is the issue.He is concerned about property damage but he is concerned about peoples'safety.He believes a golf ball can go that far, although not all the time. Councilmember Milkey asked about a sign stating that golfers'are responsible for their errant shots.He has been on golf courses where those signs are prevalent.He was under the impression on those courses that if he hit a house along the fairway,he would be the one responsible,that his homeowners insurance would cover that. He asked if the sign would keep the property owner from being named in some litigation. City Attorney Joel Stern stated i t would not stop them from being named as anybody can sue anybody for anything. The sign puts the notice on the user of the premises that if he hits a golf ball,the user will pay the damage;the business will not pay for the damage. He is not certain i t is legal.If the property owner did take reasonable measures to stop golf balls from going off the property,knowing that is what their business is,he is not sure.If a golf ball hits another person on a golf course,that is assuming the risk.I t is similar to baseball;if you get hit by a baseball at Bank One Ballpark,you will probably not win against the Diamondbacks or Bank One Ballpark. Councilmember Milkey asked if the business advocate had been involved in this at all. Development Services Director Rudy Esquivas stated he had not. Councilmember Milkey asked if there had been any history of other complaints that staff is aware of. Development Services Director Rudy Esquivias stated he is not aware of any. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 24 OF 37 Councilmember Milkey asked that i f it had been anyone else besides a former member of the council bringing the complaint to their department,would this be before the council today. Development Services Director Rudy Esquivias stated it would. There was general discussion by the council on how they should proceed,other questions they would like to have answered in a different setting,on if the item should be continued,and i f Mr.Hunt can get Mr.Ray to realize the matter before them is the conditional use permit,not what he is trying to bring to the council. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT PROPOSED RESOLUTION 04-26,CASE CUP -03-90,BE CONTINUED UNTIL THE MEETING OF NOVEMBER 2ND,2004. Vice Mayor Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Sippel voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 25 OF 37 None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECTS POTENTIAL PROJECTS ) )Grants Specialist Roger Hacker briefed the council ,on the item.Staff is requesting direction on which• projects to research for possible inclusion as a Community Development Block Grant application.They must select for both the Regional Account,a $300,000 two-year grant,and the.State .Special Projects,the $300,000 competitive grant for one year.They are not committed to isubmitting those applications.The'staff.report includes the projects suggested during the leadership team meeting,. the publicjlearing,the publicmeeting and.the work session. Vice Mayor Eck asked if they can do the three items listed together under the Regional Account grant as one project. Grants Specialist Roger- Hacker stated he does not think :they could be grouped as one project as they are different eligible projects.They are housing and public works projects and could not be lumped together as one project Vice Mayor Eck commented they want to go for one project,not two on any given grant: Grants Specialist Roger. Hacker stated they do:not want to go for more thanione on the competitive grant.A secondary application would not be considered.In the past the city has done one or two projects for the regional grant. Councilmember Milkey .commented he was interested in staff researching the -regional drainage south of the Trail by WalMart for the regional account.He would also like to have research done on the teen compound for the library expansion.He would like to recommend the 800 megahertz radio communication system for -the competitive grant.He believes the entire council would like that project for that grant.. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 26 OF 37 Councilmember Sippel and Vice Mayor Eck agreed. Vice Mayor Eck commented he would also like to take a look at a street/sidewalk ramp improvement for the regional.They need to:go after these neighborhoods that need streets and sidewalks at some time. Councilmember Waldron commented the library expansion is.important.There has been a lot of interest generated in that.He was impressed by the people stayed to speak.He is not sure the drainage issue south of the Trail would be that effective when they have a problem on the north end oftown that creates the problem on] the south end of town.He believes they -should start where the water starts and work their way .down.He would like to recommend the library project.and the 800 megahertz radio system. Councilmember Sippel stated he agreed with the 800 megahertz and.the library expansion.He thinks they should also look at the-WalMart retention area. Councilmember Insalaco commented the drainage by WalMart is a big problem and it comes from the,north. Development Services Director Rudy Esquivias stated there is some property acquisition involved,but future development hinges on it. Councilmember Sippel stated that is why he would like to see them look at WalMart for that future development.A lot has to happen there for things to happen.He does not.disagree.with going where the water starts. Councilmember Insalaco commented he agreed with the 800 megahertz system,the library expansion,and the drainage south of the Trial. Councilmember Waldron asked if the time limit for the regional accounts is two years. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 27 OF 37 Grants Specialist Roger Hacker stated that is correct. Councilmember Milkey asked if the regional drainage could be completed in two years. Assistant City Manager Bryant Powell stated Mr.Grittman advised him i t is a three phase program that gets into millions of dollars.They are hoping to work with the private sector in developing that.I t is uncertain what will happen,and it may or may not happen. Councilmember Insalaco commented that they are not certain it will happen in two years.It would then be a "no-show". Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Eck asked if some of the library expansion is being done with the capital facilities funds. Assistant City Manager Bryant Powell stated they are.They opened the qualifications for the architectural design firms today for the library expansion.There are 8 firms competing and i t is part of the capital facilities plan. Vice Mayor Eck commented that what the teens brought to them would be somewhat addressed by the capital facilities funds. Assistant City Manager Bryant Powell stated they are in the programming phase at this time.The scope of work for the project has not been completed yet. Councilmember Sippel asked if the library expansion could be completed in two years. Assistant City Manager Bryant Powell stated experience has shown them it will be a year for design and a year for construction.It would be close. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 28 OF 37 Councilmember Insalaco stated this is just to extend the teen compound.I t should not have any effect on the rest of the library expansion. Library Director Pam Loui stated i t would not have any effect. Councilmember Insalaco stated then i t is something that could be done. Councilmember Sippel commented i t would be a beautiful compound for that amount of money. would not have any effect. i t is something that could be done. Councilmember Insalaco stated they do not have to use all the money for that. Assistant City Manager Bryant Powell stated the potential exists to go ahead and design i t and try to come up with the funds. Mayor. Coleman asked if there are some streets. Councilmember Milkey stated they. are Cedar and 16th Avenue. Assistant City Manager Bryant Powell stated there is a design completed for curb,gutter,sidewalk, drainage,and paving on Cedar between Broadway and 16th Avenue.That is in a low to moderate income area. Vice Mayor Eck asked if they have an amount on that. Assistant City Manager Bryant Powell stated he had no information on that. Councilmember Sippel asked if that would take under two years. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 29 OF 37 Assistant City Manager Bryant Powell stated it would. Mayor Coleman asked if staff wants the council to whittle down the projects that they would like to see investigated,what could be done in two years and what matches the criteria. Grants Specialist Roger Hacker stated that is correct. Mayor Coleman commented he is looking at the 800 megahertz radio system,the streets,and the library expansion and regional retention improvements.He would like to solve some of the stormwater drainage issues if possible.He asked if he needed this in the form of a motion. Grants Specialist Roger Hacker stated he does not.He commented there was a question Councilmember Sippel asked a couple of meetings ago that they researched.He had asked if the 800 megahertz project could be both a regional and a competitive.The Department of Housing stated i t could if it could be broken up so that the regional account could be proven to be one distinct project,a portion of the project, that could be done with that $300.000.If they could identify another part of the program that be done with the competitive $300,000,that could also be used.They have to be stand alone projects.The chief may have some input on how that might be possible. Interim Public Safety Director Steve Campbell stated they could break i t into two phases.One would be making a purchase of the handheld radios and make the secondary component the radios that go into the cars.They are two distinct components that work hand and hand with each other.The project would also provide some service to the pubic works and park ranger radios.They can create a division between the two projects if desired. Councilmember Sippel stated they could get all $600,000 put towards the system. Grants Specialist Roger Hacker stated they could if they get the competitive grant..The other stipulation that Housing put is that we would have to show firm funding for the rest of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 30 OF 37 the project in the:application for the regional account.They. could not put in there that they are expecting to get $300,000 from the competitive project. =Councilmember Waldron asked what would 'happen if they were not 'successful with the competitive grant. Interim Public:Safety Director• Steve Campbell stated they would be half -equipped..In today:s:technolbgy, the:handheld radios havejust -as much power as thoseHn the cars:the current car radios they have are farsuperior to their handhelds.They would be hampered:They would have to seek :other grant monies through the State to complete:the project to become operable. Councilmember Milkey asked what the total cost of the systeMj „Interim Public Safety Director' Steve Campbell stated i t is currently around $600,000 for the car radios:and handheld radios.They are tryinglo work through some federal components to get equipment in the dispatch center.They:have already .had some of that installed:.The price tag was originally $1,000,000.He is guessing 'it is , now between $600,000 and $800,000 Other: cities havellad ,experiences pop up that'had not ,been anticipated. CbunciImember Sippel asked if some would be better than none, or do they need all or none. Interim Public Safety Director Steve .Campbell stated he would bEhesitant to say only go:halfway due to officer safety.They would run a, risk for community andofficer safety_ Nice Mayor:Eck:asked if they have funds available if they only got the $300,000.E City .Manager George Hoffman stated they'had contemplated the use of development fees for a portion of that.I f i t is used forthis;theywould not have theilioney for other projects. Assistant City Manager Bryant Powell stated there is a:percentage they could associate:towards this. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 31 OF 37 City Manager George Hoffman asked if he was talking about the $250,000. Assistant City Manager Bryant Powell stated the amount of development fees available is not what is important.I t is important in how the actual project is associated to the growth.He presented i t at about 50%,and there is more than that in police development fees that could cover 50%of the amount.There is.almost $1,000,000 in police development fees. Mayor Coleman stated they could cover the other half if they did not get the competitive grant. Councilmember Sippel commented he believes.they-should try for both with the 800 megahertz system..If they do not get it,they still have the money to pick up the other half.He commented Roger and his staff are phenomenal as we always seem to get _ everything we_ask for.He has no doubt that they cannot get both parts funded-.He added i t is a pressing issue,that being the safety .of the community.We wanted to put this into a community issue:this is a city department that needs the help.: Grants Specialist Roger Hacker commented they do not have to decide this evening.-They have another '6 to 8 weeks -down the road.They are also -working on an application due at theend of this monti-vfor some terrorism planning funds for the 800 megahertz:They have been advised by the grant administrator toapply_for the $800,000-.They would know by the end of this calendar year if they are getting the funds. Vice Mayor Eck asked if they there was a way to get back to the council on how they are going to fund the rest if they just get the funding for the 800 megahertz system.He:asked howthe streets would be funded if they: went with the streets_It would make their decision easier.Then they would know if they could split the money up. Councilmember Milkey asked if they have whittled i t down enough if they ask staff to research 3 projects for the regional account. stated it would not be too much. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 32 OF 37 Grants Specialist Roger Hacker Councilmember Milkey stated he would recommend regional drainage,the library expansion and streets.He asked if the police development fees had been earmarked for the southern substation. Assistant City Manager Bryant Powell stated that was the intent at the time.I t is also part of the capital facilities plan. direction they needed. stated they did. and moved on to the next item. Mayor Coleman asked if they had the Grants Specialist Roger Hacker Mayor Coleman closed the discussion EMPLOYEE AND MANAGEMENT COMMUNICATIONS PROCESS AND STRUCTURE )City Manager George Hoffman briefed the council on the item.He stated this was presented last night at the work session by Officer Bill Virtue and himself.They are seeking a formal resolution to the council as outlined.They are asking permission for some fine tuning and to bring it back for adoption at the next city council meeting. Vice Mayor Eck asked if the employee advisory team was equally involved in this. City Manager George Hoffman stated it was not. Vice Mayor Eck commented that this will affect all the employees in the organization. City Manager George Hoffman stated he spent far more time with the association than he did with advisory team. Vice Mayor Eck asked if this was going to help benefit the entire organization;it will help the entire REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 33 OF 37 organization equally.The time spent with the association will benefit all employees. City Manager George Hoffman stated he was comfortable with the entire proposal and believes it will be beneficial to employees of the police department and to employees across the organization. Mayor Coleman asked if he needed a motion. City Manager George Hoffman commented if it is needed. Councilmember Waldron commented that in Section 2,Fundamental Beliefs,he would like to see the wording in the first paragraph changed to where Project S.O.A.R.is implemented in all departments.All departments should be involved in it. Mayor Coleman asked if the needed a motion. City Attorney Joel Stern stated they probably need clear direction.A motion should be done. Councilmember Milkey MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING EMPLOYEE AND MANAGMEMENT COMMUNICATIONS PROCESS AND STRUCTURE:THAT THE CITY MANAGER,WITH THE APPROPRIATE STAFF,FINE TUNE THE DOCUMENT THAT WAS PRESENTED AT YESTERDAY'S WORK SESSION AND PREPARE THAT FOR COUNCIL RATIFICATION AND APPROVAL AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING: Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 34 OF 37 Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 18,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 19,2004,IN THE CITY CONFERENCE ROOM. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck announced he had a fantastic 6th Annual Chronic Fatigue golf tournament on September 25,2004.The people liked coming out to Apache Junction,complimented the city and its growth.It was a good time. Councilmember Waldron volunteered. all day.He also thanked the mayor and Councilmember Insalaco. Councilmember Waldron announced he spoke to the first meeting of the student council at a Gold Canyon Elementary School regarding -Roberts'Rules.They were very respectful and had good questions. Councilmember Insalaco announced he attended the Pinal County Alliance meeting last Wednesday. Vice Mayor Eck announced he attended the Governor's Arsenic Task Force meeting and i t is remarkable that these changes are coming down throughout the state.Out of 289 private companies,only 4 applicants have shown that they are going to remove the arsenic and comply with the new guidelines by January of 2006.One of the applicants is the Apache Junction Water District. Mayor Coleman announced he attended the Maricopa Association of Governments meeting by video conference.There were 5 other mayors who attended that way. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 35 OF 37 ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:15 p.m. Consent Agenda Items are as follows:. 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 21,2004. 3.Consideration of Appointment of Officer Randall Betts to fill vacancy on ,Public Safety Personnel Retirement Board for a term to expire August 6, 2007. .. 4.COnsideration of -Approval of Resolution No., 04-22, .Authorizing the Mayor. to _executean IntergovernmentallAgreement ,(IGA)with the Town of Payson - - for partnering on Community Development BlocLGrant,RegionallAccount (CDBG .RA)-: funds for Fiscal.Years .2005-06 and 2006-0I 5.Consideration offiscal. Year 2004-05 -Professional Services Agreement for .Economic Development of Apache Trail and Downtown ,AreaHwith Apache Junction Main Street Program,Inc. 6.Consideration ofTY 2004-05 Professional Services'Agreements:in accordance with the recommendations of the Health and Human Services,Commission. 7.Ratification of appointment of Steve CampbellYas Public Safety Director/POTice,Chiefto be effective October 20,2004: ACCEPTED THIS 19TH DAY OF OCTOBER ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER ,2004. DOUGLAS CIEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 36 OF 37 ATTEST: KATHLEEN CONNELLY City Clerk 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 5th _day .of October,2004.I further certify that the meeting,was duly called and held and that a quorum was present Dated this 13th day of October,2004. KATHLEEN CONNELtY :city Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5,2004 PAGE 37 OF 37