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HomeMy WebLinkAbout2004-01-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 6,2004 The regular meeting of the City Council of the City of ApacheJunction, Arizona,was held on January 6,2004,- 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 Council member Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant. Powell City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Public -Works Director Doug Dobson Interim Dev:Services Director.Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 1 OF 24 Others Present:Associate Planner Steve Abraham Associate Planner Charles Beck Commander Brian Duncan ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED.WITH THE DELETION OF ITEM NUMBER FOUR; AND THAT RESOLUTION NO.04-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,CERTIFYING'THE MUNICIPAL COURT QUARTERLY REVENUE COLLECTED ABOVE THE BASELINE COURT COLLECTION FOR THE SECOND QUARTER OF 2003-2004 FISCAL YEAR;DIRECTING STAFF TO FORWARD THE CERTIFICATION TO .THE STATE TREASURER'S OFFICE;AND DIRECTING STAFF TO -SEND SEVENTY-FIVE PERCENT OF ANY QUARTERLY REVENUES COLLECTED IN EXCESS OF THE CERTIFIED BASELINE LEVELS TO THE STATE TREASURER'S OFFICE SUBJECT TO MONTHLY REVENUE COLLECTION LIMITATION BE ADOPTED;AND THAT THE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WILLIAMS & ASSOCIATES FOR THE EXTENSION OF PROFESSIONAL LOBBYIST SERVICES IN THE UPCOMING LEGISLATIVE YEAR IN AN AMOUNT NOT TO EXCEED $35,000,BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT AS NEGOTIATED BY THE CITY MANAGER AND APPROVED AS TO FORM BY THE CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The -motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mr.Michael Williams of Williams & Associates gave a presentation on the 2003 and 2004 legislative sessions.He commented that the issues his firm worked on for the city in 2003 included the revenue sharing impact,election reform, the licensing of massage therapists,and cuts in education.His firm worked with the League of Arizona Cities and Towns,staff and other combined cities and their lobbyists on a number of issues to bring about their successful conclusion.He believes they will again be facing a revenue sharing impact in 2004;it will be their number one priority,along with restoring cuts that have already been made.Additional issues in 2004 include monitoring any REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 2 OF 24 annexation issues,water issues,state land issues,plus any bill that could affect the quality of life in the city or take any power away from the city. They will work with staff to see how the city wishes to proceed.He stated there are at least 25 bills on the 2004 list that he had not anticipated that he will be working with Kathy Connelly on,and she usually finds more.They have four full time lobbyists at the capitol all the time as bills and amendments come up very quickly.They are the eyes and ears for the city and are in constant contact with staff. CALL TO THE PUBLIC Mr.Gary McMoran,1464 N.Warner Drive,Apache Junction,addressed the council regarding the paving of the 1400 block of N.Warner.They have been trying to get it paved for 9 years.They have offered to pay for the material yet nothing has been done.He asked what the proper course of action is to get the road paved. Mr.George Davis,1441 N.Warner Drive,Apache Junction,addressed the council regarding the paving of the 1400 block of N.Warner.He has spoken to Doug Dobson about trying to get the road paved.They have gotten the neighbors together and they are willing to pay for a portion of the expenses for either a dust control measure or a blacktop road.They were going to put rock down but were told by an inspector that they cannot do that without permission. His wife has asthma and others are sick from the dust. Mr.Todd House,5027 E.Hidalgo Street,Apache Junction,addressed the council regarding the closure of Lost Dutchman Boulevard.He stated he represented the Superstition Mountain Base Coalition.The road is closed between Mountain View and the city limits.The issue became critical on November 30,2003, when his wife had a heart attack and the response time from medical personnel was 10 to 12 minutes at 3 a.m.The response time would have been 6 minutes less if the road were open.He commented on a letter from the fire chief in May of 1993 that was mailed to the residents requesting the road not be closed.He does not believe an impact study was done on this closure and the affected residents were never notified of the closure.In March 2003 Hidalgo Street was physically blocked,and that is the only other outlet in close proximity.They are formally asking the city to reopen the road based on the population growth.They are trying to avoid future litigation.They believe the council must act or someone's blood will be on the council's hands.They look forward to working toward a safer and friendlier community environment. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 3 OF 24 Mr.Ernie Bustamante,Tempe,Arizona,addressed the council regarding the presidential preference election and the John Kerry for President campaign. He introduced himself and announced a steering committee meeting in Casa Grande on January 9.He also had a list of all the polling places for the election. Mayor Coleman commented he was on the council when they closed Lost Dutchman, and it was closed because the county was closing Lost Dutchman further up. The county requested the road be closed further west to prevent people from driving up and having to turn around and come back down.He commented if they can get the county to open their side the city then will open its side. Mr.Todd House commented the county portion is open at this time.They are just trying to get the road open. Mayor Coleman asked how they were getting by the city's portion if the county's was being used. Mr.Todd House stated they do not have to.They come off of Val Vista to Lost Dutchman and then go all the way to the top. City Attorney Joel Stern stated this issue cannot be discussed under the open meeting law.It must be placed on the next agenda as an item. Mayor Coleman asked that the issue be placed on an agenda.He commented they should perhaps ask the county to attend because if there is no problem with opening the road,he is in favor of that. Vice Mayor Eck agreed with the request.He commented he was on the council at the time and it was a difficult decision to close the road.He also asked that an update on the road paving for the community be added to a future agenda. Councilmember Insalaco asked that the Lost Dutchman Boulevard issue be added to the next agenda if possible.He commented he would like to know why the city was not informed that the road had been opened on the county side. CITY MANAGER'S REPORT None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 4 OF 24 PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the council on the item.This is an annual request for the event to be held the last weekend in February.Comments from the fire district and city staff have been included in the packets;there are no objections. The applicant has been notified that this would be on tonight's agenda should the council have any questions.She thanked the applicant for getting this application in so early in advance of the event. Mayor Coleman requested the applicant address the council. Mr.Gary Collins,1650 S.Crismon, Mesa.addressed the council.He commented this is one of their major fundraisers for the things that they do in the community. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 SUBMITTED BY JUDD R.WILLIAMS FOR LOST DUTCHMAN DAY ,FEBRUARY 27-29,2004,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR MERIDIAN MANOR BINGO COMMITTEE REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,:2004 PAGE 5 OF 24 )City Clerk Kathleen Connelly briefed the council on the item.This is an initial bingo application,the committee. wishes to.conduct a small game bingo operation.Small game bingo is determined by the dollar revenue amount,not the number of people.Comments in the council's packet have been received from:city staff.The applicant has been notified that this is on tonight's agenda.. Mayor Coleman requested the applicant address the council. Mr.Leonard Bishop,2101 S.Meridian #56,Apache Junction,addressed the council.They would like to start a bingo operation at Meridian Manor.He has run the bingo at La Siesta for five years previously. Vice Mayor Eck asked if they were aware that the bingo would be for residents and guests of Meridian Manor only. Mr.Leonard Bishop stated they are aware of that. Vice Mayor Eck asked if they were aware they could not advertise or have A -frame signs. Mr.Leonard Bishop stated they are aware of that.He added all of the intake has to be returned out to the people playing bingo the same evening. 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. Vice Mayor EcklIOVED THAT THE'BINGO LICENSE APPLICATION BY THE MERIDIAN MANOR BINGO COMMITTEE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE-,BINGO SECTION. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 6 OF 24 VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1191,PZ-10-03, MAJOR PLANNED DEVELOPMENT:AMENDMENT REQUEST BY IDAHO PROPERTIES LLC TO DEVELOP THE SECOND PHASE OF A PREVIOUSLY APPROVED COMMERCIAL/RETAIL CENTER AND ADD TWO 150 SQ.FT.MONUMENT SIGNS )Associate Planner Charles Beck briefed the. council on -the item.The first phase was approved in 1997, .with theAotal development allowing 720 linear feet along Idaho Road.The first phase was :360'of frontage,the second phase proposed is north and adjacent to the:first phase and will continue 360'of frontage.The concept plan proposes 25,000 net sq.ft.of development among 3 buildings with 3,700 sq.ft.of floor - area:The basic concept is the same from the original application.There are some issues regarding drainage,setbacks and the offloading zone to be resolved:I t appears one offloading zone should be sufficient and it would:be a condition on the planned development.The applicant has asked for two detached signs:the code calls for a 200 sq.ft.maximum sign.The applicant is asking forAwo 150 sq.ft.signs.Staff is requesting that the signs be 8' high.The planning and zoning commission recommended 10'high monument signs with decorative rock around them.Staff believes if they are taller than 8' they would be monolithic versus decorative to the area.The applicant will address the issue.Staff recommends approval with the 13 conditions listed including that the east wall shall be 6'masonry,the second phase shall match the first phase in architectural materials,the signage height,and that the final plans shall conform substantially with the submitted and approved concept plan.The setback condition may have to be reworded to meet the codes. Vice Mayor Eck asked if he meant the access is to meet the zoning requirement. Associate Planner Charles Beck stated i t is to meet the zoning requirements as they would come up in the final site application for when they pull building permits.Staff believes that even though the concept plan looks tight,there is still room for REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 7 OF 24 adjustment.He commented condition 13 states that all applicable conditions established in Ordinance No.1091 apply to this ordinance. Councilmember Dietz asked if the architecture would be the same as the first phase. Associate Planner Charles Beck stated it will. Councilmember Dietz commented they did a good job on that development. Associate Planner Charles Beck stated staff feels i t is a continuation,there will not, be any separation walls.There will be a nice traffic flow within the area.I t is a good development economically and for the..customers. Vice Mayor Eck asked if the planning and zoning commission approved the 10'high signs. Associate Planner Charles Beck stated they recommended 10'high,staff recommended 8'high.It was part of the planning and zoning recommendation due to a picture they had seen at the meeting which has since disappeared.Decorative rock had been wrapped around the sign and the commission had put that in the condition also. Interim Development Services Director Rudy Esquivias stated Ordinance No.1191,condition 6,should be reflective of the planning and zoning recommendation.There is a typographical error there.If the council agrees with the 10'sign,the motion should reflect that change. Mayor Coleman asked if the ordinance normally allows 12'signs. Interim Development Services Director Rudy Esquivias stated the zoning ordinance allows as high as 12'for a standard monument sign as measured from the adjacent road grade.They had recommended a smaller sign as this is a planned development.The applicant did not ask for 12 feet,they asked for 10 feet. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 8 OF 24 Mayor Coleman requested the applicant address the council. Ms.Juli McDaid stated they have modified the site plan because they have worked on the engineering portion to submit for the permit.The setback issue arose on the L-shaped building to the north of this phase.They are adjusting things,adding more parking,and accommodating all of the stipulations the commission and staff had recommended with regard to landscape islands.The building square footage and architectural style are the same.They reviewed the sign height issue and they are happy with the two 8'signs.The same builder that did the first building will be doing the other buildings.She requested their approval. Councilmember Insalaco asked if they were happy with the 8'sign. Ms.Juli McDaid stated they are; they can get the square footage they need with that height. Associate Planner Charles Beck commented there was a question on the access requirement in regards to the building codes. Vice Mayor Eck stated they had a recommendation from the commission that the access had to meet the zoning requirements. Associate Planner Charles Beck stated he must have misspoke.The idea was that since they might be changing their setbacks,it would still be necessary for them to meet the zoning requirements.The condition states this particular requirement shall conform substantially with the submitted approved concept plan;if this is judged objectively,the plan shows i t is only 10'from the drainage as opposed to 20' from the drainage. Vice Mayor Eck commented he is saying i t is already covered and nothing else needs to be done. Associate Planner Charles Beck stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 9 OF 24 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.He commented he really likes the first phase:i t is one of his favorite commercial properties in the city.He is excited if this matches what is already there. Councilmember Dietz commented i t has the design and flavor that the council wants to see developed. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1191 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1191,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.03-29,SD -1-03. PRELIMINARY PLAT BY ROYAL DEVELOPMENT FOR A 28 -LOT SINGLE FAMILY SUBDIVISION TO BE KNOWN AS SAN MARCOS CROSSING AT THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 10 OF 24 NORTHWEST CORNER OF SOUTHERN AVENUE AND SAN MARCOS DRIVE )Associate Planner Charles Beck briefed the council on the item.The applicant proposes to build 28 single family _homes on 7,000 sq.ft.lots.There are four single!story models with three facade options each.The floor plans range from 1,200. to 1,500 sq.ft. The development will be maintained.by a homeowners'association.He pointed out the access:to the development and its open spaces on a map.The open space proposal is adequate to code requirements.The preliminary plat . submittal conforms to the concept plan approved by the council.Staff recommends approval;it appears to be a quality infill project and is in character withAhe surrounding neighborhood.It-provides aesthetically enhanced streetscapes and recreational amenities.Staff recommends approval with the conditions listed to include all stipulations of Ordinance NO.1175 to be in full force and effect and shall govern the design of the final plat. The planning and zoning commission was concerned about the 69 KV lines being placed underground.The commission recommended they not be required to underground the lines along Southern Avenue,but ,they would heed to underground the internal lines of the subdivision. CounciTmember Waldron asked if the streets would be constructed to city standards and; if they mould be dedicated. •Associate Planner Charles Beck stated they would all be dedicated city -streets. •Councilmember WaIdrop-asked ifthe: fire district would-,haveianyproblem getting:their equipment around ;in the; cul-de-sac. Associate Planner Charles Beck: stated it ,meets theTadius size for the:fire department. Vice MayorEck.asked.if this is,the subdivision that originally had 35 lots and they reduced i t down to 28.. Associate Planner: Charles :Beck commented he thought it -was originally around 331ots REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 11 OF 24 Vice Mayor Eck commented i t is now down to 28 andAhey had originally asked for some two story models but they agreed to make them -all single -story. Associate Planner Charles Beck stated that is correct. Vide Mayor Eck commented he wanted to acknowledge that -there had been some negotiations going on with this property to get where i t is at. Associate Planner Charles Beck commented staff had also asked for a minimum of four models and they are talking about adding another to make i t five. Mayor Coleman requested the applicant address the council.The applicant was not in attendance.He opened the public hearing on the item.There being no one:mishing 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 Waldron MOVED THAT RESOLUTION NO.03-29 A RESOLUTIWOF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY-TLATTOR,SAN MARCOS CROSSING A,RESIDENTIAL ,SUBDIVISION,; INCASE SD -1-03,BY NIEL NIELSON,BE APPROVED. Councilmember Dietz SECONDED THE MOTION VOTE:Unanimous. •The motion carried. PROPOSEDIORDINANCE .NO.1193,'PZ-1343, MAJOR PLANNED.EVELOPMENT AMENDMENT REQUEST BY ROBERT WILKENING TO AMEND A: PREVIOUSLY APPROVED DEVELOPMENT PLAN FOR A_2,400 SQ.FT.POTTERY. AND MATERIAL STORAGE: WAREHOUSE SITE LOCATED AT 22ND REGULAR MEETING OFTHE CITY COUNCIL JANUARY: 6.,2004 PAGE .12 Of 24 AVENUE AND SOUTH COCONINO DRIVE )Associate Planner Steve Abraham briefed the council on the item.Council approved Plan A under Ordinance No. 1185 in September 2003 which featured some stucco architectural enhancements to the building and plant trade-offs of cacti for groundcover and shrubs.The applicant advised staff that he would be unable to complete his approved plan due to financial reasons and is requesting some minor deviations to the plan. He is proposing to stucco only 75% of the building facades instead of 100%as in the original plan.The surface of the screen wall fronting on 22nd Avenue will be painted rather than stuccoed.The alley access will be deleted,doing away with the alley improvements.The landscaping will be in compliance with the landscaping and screening codes with no plant substitutions.They have also requested a waiver to the undergrounding of the utility lines in the alley.The planning and zoning commission recommended approval 5-1 as they felt the applicant's proposal was congruent with current development codes and the power lines did not complete a set of undergrounding.They would be up and down along the block,plus cost would be exorbitant to the site. Mayor Coleman asked if they were 69 KV lines. Associate Planner Steve Abraham stated they are not.They are 12 KV.Staff has modified the ordinance since the work session,recommending a minor text change to stipulation number one to clarify which stipulations of Ordinance 1185 are still in effect,otherwise i t is the same as the planning and zoning commission recommended.Staff recommends the previous plan remain in effect because of the aesthetic improvements in the previous plan and the undergrounding of the utilities. Vice Mayor Eck asked if the undergrounding of the utilities was for the electric lines. Associate Planner Steve Abraham stated that is correct. Vice Mayor Eck -asked if that was on the property or in the alley. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 13 OF 24 Associate Planner Steve Abraham stated staff's recommendation would be in the alley and on private property. Planning and zoning's recommendation is on private property only. Mayor Coleman requested the applicant address the council. Mr.Robert Wilkening,263 W. Whitely,Apache Junction,addressed the council.He believes he can go with the plans that staff stated he could go with. Vice Mayor Eck asked if he could underground the electric line in the alley,as staff is recommending that. Mr.Robert Wilkening stated he could not.It would be too expensive for him. Mayor Coleman commented that is not a recommendation of the planning and zoning commission.He then opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion. Vice Mayor Eck commented the one commissioner voted no because of the underground utilities.He added i t is something they are working on as the council is not always in agreement with the planning and zoning commission.The council has never requested underground utilities on most of these.He asked how long it would be before staff returned with the information. Interim Development Services Director Rudy Esquivias stated they are looking into other cities'codes and they should be coming back to the council with some possible options for amending the wording in the code now. Vice Mayor Eck asked if there was a set size that the other cities used for undergrounding before they determine i t is too expensive. Interim Development Services Director Rudy Esquivias stated different cities do it different ways. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 14 OF 24 Councilmember Waldron asked if he has a time frame on this issue as i t is coming up frequently. Interim Development Services Director Rudy Esquivias stated they will be taking it to the planning and zoning commission for discussion in February. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1193 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE.NO.1193,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE UNDERGROUND ELECTRIC BE ON THE PRIVATE PROPERTY SECTION ONLY AND NOT IN THE ALLEY. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 15 OF 24 Mayor Coleman reconvened the public meeting. OLD BUSINESS None. NEW BUSINESS DISCUSSION AND CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT WITH CITY OF PHOENIX FOR INTERIM POLICE CHIEF Y City Manager George Hoffman briefed the council on the item..The council accepted the resignation of Bob Warner as chief of police at -the last meeting_He recommended they look outside the department for an interim chief;and he has spoken to Harold Hurtt,Chief of 'Police for the City of Phoenix,and their City ,Manager Frank Fairbanks, . The process usec[was letting their in-house staff know of the position opening,they then reviewed their candidates and made -a recommendation on several finalists.Mayor Coleman,City Attorney Joel Stern and he interviewed the two finalists on Christmas Eve Both were outstanding. He added the, City of Chandler just recently ,hired one of Phoenix's commanders as their chief of. police He ,is pleased to Indicate he would ,likerto retain Commander Steven Campbell to[serve asHthe interim chief.He has,had.. leadership and „management positions with their organization for the last 14 . years He has a master's degree in educatiOnal leadership:With undergraduateE degrees in police science,applied science,and ,administrationjrom -Northern :Arizona University.-He is excited about the prospect of serving as a change agentwithin our department.He was askedty, line employees if Commander Campbell will serveas the chief or will it just be -a title.He will serve as the chief.He does not view.this-iperiod of time asAowntime;.i t is an opportunity to tring:about the changes outlined i n the audit.--He thanked the, 'City of -Phoenix staff for their support..Chief Aurtt offered:his department's assistance foriguidanceand support.:He hopes_thatCOmmanderiCaMpbell can start next Monday.He has scheduled a:department-wide meeting :ForMonday afternoon to introduce him and talk about his expectations of the department. Commander'Campbell,wilTibe eligible for the -.permanent position,-but they are goingjoA6 a,national recruitment for the:position.Commander Campbell is _coming into aAifficult:situation,but he has a '300pagetlueprint 'for action. He is:asking council to authorize the:mayor to execute an intergovernmental REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 16 OF 24 agreement with the City of Phoenix for an interim police chief.He will finalize the negotiations,the biggest component of which is reimbursement. The proposal is for 9 months,allowing them to go through the process of recruiting a chief of police,do the background checks,and offer a position. Someone may have to relocate and give a months'notice.Their cost estimate is $107,190.He is desirousof having this individual spend several days a Week,24 hours a day in -the community.He would like him to live in the community, and he currently lives by Happy Valley Road and Interstate 17.He believes it would be beneficial to the community and to Commander Campbell. He would like to find a condominium and put him up in it; .it would not be part of the intergovernmental agreement.They are researching the costs at this time:He has asked Commander Campbell if he would be willingAo do that and he is open to looking into it. City Attorney Joel Stern stated the motion should give the mayor authorization to sign the agreement subject to the city manager's negotiation and the city attorney's approval as to form. He had added some things to the original motion. City Manager George Hoffman thanked the mayor and Joel for taking time to interview the,applicants on Christmas Eve.He values their perspective on the issue. Mayor Coleman opened .the item to council discussion.There being no discussion,he called fora motion. .CounciTmember Wald -on MOVED THAT THE MAYOR BE AUTHORIZED TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PHOENIX AND THE CITY OF:APACHE jUNCTION;FOR ,AN:INTERIM POLICE CHIEF AS NEGOTIATED BY -THE CITY MANAGER AND:APPROVED A&TO FORM BY ,THEECITY'ATTORNEY. :Councilmember Sippel SECONDED THE MOTION., VOTE:Unanimous. The motion carried. AWARD OF PROSECUTION DATABASE TO NEW DAWN TECHNOLOGIES REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 117 OF 24 )City Attorney Joel Stern briefed the council on the item.They have had a city computer system for prosecutorial data for the past 6.5 years.It has not served them well,even though they have improved it as the caseload became larger.The department had added staff and they need something more tailored.He authorized staff members to visit Bullhead City,Casa Grande and Mesa to look at their databases.The best one that would fit their office is New Dawn Technologies which is used by Casa Grande.A bid was done on the system,with the prices ranging from $75,000 to $15,600.The latter bid is from New Dawn Technologies and i t is well within their budgeted request,which was $20.000 for a software program.He asked for approval of the agreement.He commented on the language that needed to be contained in the motion. Councilmember Waldron asked if the company had been talked to about support issues and getting someone to help and train since they are based in Utah. City Attorney Joel Stern stated i t is part of the maintenance agreement and there is a period of time in the maintenance agreement wherein they will assist us.They do not expect many problems.I t has helped Casa Grande,especially on their civil cases.The system should also help them with tracking cases and their quarterly reports. Mayor Coleman closed the discussion and called for a motion. Councilmember Milkey MOVED THAT THE AWARD OF BID FOR A PROSECUTION DATABASE BE AWARDED TO NEW DAWN TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED'$17,160,AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE ANY REQUIRED SOFTWARE AND MAINTENANCE AGREEMENT AS APPROVED AS TO FORM BY THE CITY ATTORNEY. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.03-21, REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 18 OF 24 ABANDONMENT CASE AB 2003-02,ABANDONMENT . OF DEDICATED RIGHT-OF-WAY ON PALO VERDE DRIVE SOUTH FROM 16TH AVENUE FOR A DISTANCE OF 550 FEET )City Engineer Ron Grittman briefed the council on the item.This is a simple abandonment:the existing right-of-way is encumbered by a flood plain.The city has no reason to retain the right -of way. Mayor Coleman asked if this is for the church on 16th Avenue. City Engineer Ron Grittman stated i t is. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT. RESOLUTION NO.03-21,. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHEJUNCTION,ARIZONA,DECLARING THAT -A PORTION OF PUBLIC ROADWAY DEDICATION LOCATED ON PALO VERDE DRIVE;SOUTH FROM 16TH AVENUE,A DISTANCE OF 550 FEET,AS DESCRIBED IN ABONDONMENT CASE AB -2003-02,IS NO LONGER NECESSARY. FOR PUBLIC ROADWAY PURPOSES AND IS HEREBY ABANDONED AND VACATED AS PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmember Sippel SECONDED THE MOTION.• VOTE: Unanimous. The motion carried. GENERAL PLAN AMENDMENT/DISCUSSION ON NEW WATER RESOURCES ELEMENT AND AMENDMENT TO EXISTING PUBLIC SERVICES AND FACILITIES ELEMENT,AWARD OF BID FOR CIVIL ENGINEERING CONSULTING SERVICES TO STANTEC ENGINEERING FOR NEW WATER RESOURCES ELEMENT,INTERGOVERNMENTAL REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 19 OF 24 AGREEMENT WITH SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT FOR PROCURING CIVIL ENGINEERING CONSULTING SERVICES,AND GROWING SMARTER MATCHING FUNDS FOR WATER RESOURCES ELEMENT )City Attorney Joel Stern briefed the council on the item.The new growing smarter plus law requires that there be a water element in the general plan.They currently do not have one.The general plan was amended several years ago and at that time there was no water element requirement.They may be able to get a grant in the maximum amount of $20,000 for a portion of the cost through the state department of commerce. There is a procurement procedure to do a water element;i t has to be done with civil engineers.Statement of qualifications must be done and the city has already done that.There is also a wastewater treatment portion to this plan; the Superstition Mountains Community Facilities District asked the city manager to include in the procurement of the water element a wastewater element.It was modified and it was agreed the city would go through that portion since i t is very long and detailed.They did not want to duplicate what the city has already done,so it was done together.They negotiated with Stantec Engineering for the total amount of $56,568 for the water element portion,$35,116 for the wastewater portion,and there is 10% contingency on each,to make a total amount of $100,853.They must have an intergovernmental agreement to work with the Superstition Mountains Community Facilities District for the procurement portion of it.The sewer district agreed to pay up to $50,000,and if it was more,another $50,000,in this agreement.I t is only around $35,000,which is a very good price for that component.They will be able to include the wastewater treatment portion in any current land planning for south of the freeway. Interim Development Services Director Rudy Esquivias stated they have been working on for a while. They were originally going to do the water resources element by itself but they decided it would be a good idea to do the wastewater management plan along with the growth management plan.They will also be doing other concurrent general plan amendments.They may expand the planning area.He thanked John Petroff for doing all the legwork on this.They think they have picked the best team of engineers for the job.They would like to get started on the project. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 20 OF 24 City Attorney. Joel Stern stated there are three -separate motions for the portions of this item.There can be one motion for all of it,or theycan do three separate motions. Councilmember Waldron asked if they need to have the $35,000 amount in the motion for the sewer district. City Attorney Joel Stern stated i t is part of the bid so it would have to be in the motion. Councilmember Waldron asked if -it was $35,116. City Attorney Joel Stern stated i t is $35,116 plus in for contingency. •If the sewer. district decidesAhey,do not want to go through with it,the city will meet with .Stantec and. not .have_ themcontinue.with:it.The city would:be reimbursed:fot-any costs -already incurred for the wastewater portion.The city may also elect'to go. ahead and - do it as it could still be used as part of planning, for that area and the whole city. Mayor Coleman asked if.this would have to go to ,a public vote. City Attorney Joel Stern stated there.could beat one.point -depending ,on what i's consideredaHmajor -amendment. A- minoramendment does not require a public vote:,ainajor-amendment There -will have tote.anelection•on- the proposed new water element, ifit is considered „a. majoramendment,I t is being researched with -other cities at -thistiMeta.determine alilajor amendment, . City Clerk .-KathTeenConnelly. commented -thatlin response to Councilmember WaldroWS question,the- amount for the wastewater -element is already -in the first part of the motion. Mayor Coleman chsedthe ,discussion with no further comments- and -called for a motion. Councilmember Waldron MOVED THAT THE AWARD OF BID FOR CIVIL ENGINEERING CONSULTING SERVICES BEAARDED TO STANTEC REGULAR MEETING OFTHE CITY COUNCIL JANUARY 6,2004 PAGE 21 OF 24 ENGINEERING FOR -A NEW WATER. RESOURCES ELEMENT: OF THE GENERAL PLAN IN THE AMOUNT OF $56,568 PLUS: 10%IN THE AMOUNT OF $5,657 FOR CONTINGENCY AND FOR THE AMENDMENT TO THE EXISTING. PUBLIC SERVICES AND FACILITIES ELEMENT IN THE AMOUNT OF $35.116 PLUS 10%IN THE AMOUNT OF $3,512 FORCONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $100,853,BE APPROVED; I ALSO MOVE THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.I FOR PROCURING CIVIL ENGINEERING CONSULTING SERVICES FOR ITS WASTEWATER TREATMENT COMPREHENSIVE GROWTH MANAGEMENT PLAN; I FURTHER MOVE THAT STAFF BE AUTHORIZED TO PURSUE ANY AND ALL GRANT FUNDS ASSOCIATED WITH THE WATER RESOURCES ELEMENT OF THE GENERAL PLAN FROM THE STATE OF ARIZONA COMMERCE DEPARTMENT. CoUncilmember Dietz SECONDED: THE MOTION. VOTE j Unanimous: The motion icarried COUNCIL DIRECTION TO STAFF ONANY:OF THE ABOVE LISTED AGENDA ITEMS None, COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATIOWOR ACTIONS None. SELECTION OF MEETING DATES,TIMES_LOCATIONS,: AND PURPOSES Councilmember Dietz MOVED! THAT AN EXECUTIVLSESSION AT 6:00 P.M.AND.WORK:SESSION:AT 6A0 P.M.BEHELD:OW • TUESDAY,JANUARY,20,2004,:INHTHE -.CITYCONFERENCE ROOM AND CITY COUNCIL -CHAMBERS RESPECTIVELY. Vice Mayor•EckSECONDED THE MOTION, VOTE:Unanimous.. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 22 OF 24 The motion carried. INFORMATION AND REPORTS Mayor Coleman announced the annual Lost Dutchman Marathon will be held January 18.He commented i t is holding its own against the Rock N Roll Marathon to be held this weekend,and he has been advised that the half marathon numbers are up over last year.They already have 250 signed up for the marathon,and expect the half marathon to reach its 500 entry limit.I t is still a signature event for the community,although i t is not the size of the Rock N Roll Marathon of 15.000.He thanked the marathon committee for all of their work and the city employees who assisted them. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:38 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 16,2003. 3.Consideration of Resolution No.04-01,Quarterly certification of Magistrate Court collections for period ending December 31,2003. 4.Consideration of Change Order to Professional Services Agreement awarded by the City Council on 11/21/02 to Kirkham Michael Engineering for the design of Phelps Drive between the Crossings' and Apache Trail in the total amount of $40,738.22. 5:Consideration of Amendment to Professional Services Agreement with Williams & Associates for professional lobbying services in an amount not to exceed , $35.000.04 and :authorization for Mayor to sign negotiated agreement upon : approval by City Attorney. ACCEPTED THIS 20TH DAY OF JANUARY ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY ,2004. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 23 OF 24 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of January,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of January,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 6,2004 PAGE 24 OF 24