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HomeMy WebLinkAbout2003-07-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 1,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 1,2003,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 ' Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 1 OF 45 Others Present: Interim Dev.Svcs.Director Rudy Esquivias Interim Assistant City Manager/Assistant to the City Manager Bryant Powell Grants Specialist Roger Hacker Building Official Dennis Dixon CDBG Administrative Assistant Melinda Larson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2003-10,FUEL,FOR FY 2003-04,BE AWARDED TO SUPREME OIL COMPANY IN THE AMOUNT OF $0.8457 PER GALLON FOR DIESEL AND $1.2051 PER GALLON FOR UNLEADED; AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2003-09,TIRES,FOR FY 2003-04,BE AWARDED TO AM -PAC FOR ITEMS 3,6,7,11,13,15,16,17,18,20,22,23,24, 26,AND 27 (112 TIRES TOTAL)FOR AN AMOUNT NOT TO EXCEED $10,816.34;TO GCR FOR ITEMS 4,5,AND 21 (22 TIRES TOTAL)FOR AN AMOUNT NOT TO EXCEED $1,583.96; TO SUNSTATE EQUIPMENT FOR ITEMS 9,25,AND 28 (12 TIRES TOTAL)FOR AN AMOUNT NOT TO EXCEED $4,411.00;AND TO REDBURN TIRE COMPANY FOR ITEMS 2,8,AND 10 (93 TIRES)FOR AN AMOUNT NOT TO EXCEED $11.619.22 FOR A TOTAL AMOUNT NOT TO EXCEED $28.430.52;AND THAT THE AWARD OF BID FOR PROJECT NO.PR -03-01 FOR SUPERSTITION SHADOWS PARK PHASE III BE AWARDED TO ETW GROUP,INCORPORATED FOR AN AMOUNT NOT TO EXCEED $488,905.00,CONSISTENT WITH THE CITY OF PHOENIX VERSUS SUPERIOR COURT,184 ARIZONA 435 (1995 COURT OF APPEALS DECISION);THAT THE EARLIER BID DISQUALIFICATION OF ETW IS REVERSED;THAT THIS AWARD IS CONDITIONED ON ETW GROUP,INCORPORATED OBTAINING AND PRESENTING TO THE PARKS AND RECREATION DEPARTMENT PROOF OF ALL REQUIRED DOCUMENTS,INCLUDING BUT NOT LIMITED TO ALL CONTRACTOR LICENSES AS IDENTIFIED IN THE ARIZONA REGISTRAR OF CONTRACTOR'S MAY 2003 CORRESPONDENCE TO THE CITY;THAT SUCH LICENSES SHALL BE ISSUED TO ETW GROUP,INCORPORATED AND NOT A "SILENT PARTNER";THAT FAILURE TO SUBMIT THIS MATERIAL WITHIN TEN CALENDAR DAYS UPON BEING NOTIFIED OF AWARD WILL RESULT IN CITY TAKING ACTION UPON THE BID BOND AND AWARDING OF BID TO 2ND LOWEST BIDDER, ANNCOLE INCORPORATED FOR AN AMOUNT NOT TO EXCEED ,$494,381.00,WHO SHALL WITHIN TEN CALENDAR DAYS OF BEING NOTIFIED OF AWARD OBTAIN AND PRESENT TO THE PARKS AND RECREATION DEPARTMENT PROOF OF ALL REQUIRED DOCUMENTS,ICLUDING BUT NOT LIMITED TO ALL CONTRACTOR LICENSES AS IDENTIFIED IN THE ARIZONA REGISTRAR OF REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 2 OF 45 CONTRACTOR'S MAY 2003 CORRESPONDENCE TO CITY OFFICIALS:THAT THE BID BOND FOR ANNCOLE CONTRACTING INCORPORATED WILL BE RETAINED FOR AN ADDITIONAL TEN CALENDAR DAYS SO THAT ETW GROUP.INCORPORATED IS PROVIDED AN OPPORTUNITY TO MEET THE CONDITIONS SET FORTH ABOVE;THAT ANNCOLE CONTRACTING INCORPORATED WILL ALSO BE NOTIFIED BY STAFF IT WILL BE AWARDED THE BID SHOULD ETW GROUP,INCORPORATED FAIL TO PROVIDE THE NECESSARY DOCUMENTS;AND THAT THE AWARD OF BID FOR THE CITIZEN/CITYSCAPE COMMUNITY MAGAZINE PRINTING AND PRODUCTION BID BE AWARDED TO TRIBUNE NEWSPAPERS -FOR AN AMOUNT NOT TO EXCEED $30.000.00:AND THAT THE AWARD OF BID FOR DISPLAY ADVERTISING AND SUPPLEMENTAL.LEGAL ADVERTISING BE AWARDED TO THE APACHE JUNCTION NEWS IN AN AMOUNT NOT TO EXCEED $12.000.00:AND " THAT APPROVAL BE GIVEN FOR THE RENEWAL OF THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND BAKER & TAYLOR,INC.TO PURCHASE BOOKS,AUDIO-VISUAL MATERIALS AND RELATED SERVICES IN AN AMOUNT NOT TO EXCEED $136,015.00 ANNUALLY:AND THAT RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR 2002-2003 FISCAL YEAR BE ACKNOWLEDGED;AND THAT THE PROFESSIONAL SERVICES AGREEMENT WITH CARROLL BURACKER & ASSOCIATES INC.FOR AN ANALYSIS OF THE PUBLIC SAFETY DEPARTMENT OPERATIONS IN THE AMOUNT OF $78,750.00 BE APPROVED AND.THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT SUBJECT TO FINAL APPROVAL AS TO FORM AND CONTENT BY THE CITY MANAGER AND CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 3 OF 45 CALL TO THE PUBLIC Ms.Donna Woods,2634 W.Gregory,Apache Junction,addressed the council regarding why the city budget does not balance with revenues matching the expenses;i t appears there is $3 million more in expenses than revenue. Mr.Michael Weller,471 W.21st Avenue,Apache Junction,addressed the council regarding trash located just south of 16th Avenue and San Marcos at the Kiker Apartments.They have a dumpster full beyond overflowing.He has contacted Ms.Brown from code compliance and the dumpster was to have been removed this past Monday.I t has not been removed and i t is still full.The overflowing trash has been removed.He contacted Councilmember Insalaco about this who advised he would go to the city manager.This property is only five blocks from the desert and a lot of animals could be looking for food and water. There are also a lot of children in the area;i t is unsafe.He has a license to rent apartments,but he does not follow the minimum standard of sanitation as required by law.He requested the city curtail his ability to rent or make a living in the city if he cannot provide sanitation.There are also broken- down cars not being moved there.I t is unacceptable. Mr.Bill Kerr,2670 Arizona Road,president of Anncole Contracting,addressed the council regarding Superstition Shadows Park.He appreciates their decision tonight and understands it.He stated they protested the bid because ETW did not have the proper license.They are still the low responsive bidder,although ETW is now getting a license.The contract documents cite a qualified contractor;he does not understand how they can be qualified when they have not done that type of work before.ETW also has 4 open complaints on the Registrar of Contractor's website for work they have done.His disagreement dealt with substantial compliance.He believes that deals with technical problems;ETW is not even on the same scope of work.He believes i t is a stretch.He hopes counsel has addressed them on the issue,as he has. He does not feel they need to go down the legal road,and he hopes the council did not feel threatened to retain.ETW.He understands that they tried to make both parties happy.He asked when the clock starts ticking for ETW.He added since the decision has not gone their way,he would like a public hearing for the protest. Mayor Coleman commented to Ms.Woods that if she looked at the tentative budget just passed,looking at the total resources available,i t comes out to $31,593,340.00.They do balance.The figure she is citing is the estimated REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 4 OF 45 revenue other than property taxes line.We are required by state law to provide a balanced budget.He commented to Mr.Weller that one of the two dumpsters was removed today,and staff is working on the other.He asked the city attorney to meet with Mr.Kerr again to further explain the city's position. CITY MANAGER'S REPORT City Manager George Hoffman stated they conducted a recruitment for the Assistant City Manager's position last week and he is pleased to tell them that he will be coming back in two weeks seeking ratification for the appointment of Bryant Powell to that position.Bryant has served as Interim Assistant City Manager since April of 2002,along with Kathy Connelly.He gave a brief work history on Bryant Powell.He also thanked Kathy Connelly, Joel Stern and the department directors for their assistance during the period when they were down the position.In addition,today was the first day for the City Manager Intern,Amy Mangin,a recent masters degree graduate in Public Administration from the University of Arizona.She is the Arizona City Management Association Marvin Andrews Scholarship winner.As part of that scholarship,she has to participate in a 3 -month internship in a city of 50,000 or less,with half the cost covered by ACMA.Once selected,she then interviewed 4 communities,El Mirage,Queen Creek,Sierra Vista,and Apache Junction,and selected us.That was in large measure to Bryant Powell communicating what this community was about and the large projects we have going.He added there will be a media conference on Thursday,July 3,at 10:00 a.m.to unveil the completely renovated and customized police vehicle to be used as the school resource officer's car at Thunder Mountain Middle School.The project was done with no taxpayer dollars;it was paid for by sponsors. PUBLIC HEARINGS REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF OFF-TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT FOR A TERM RUNNING FROM JUNE 1,2003 THROUGH MAY 31,2006 ) )City Clerk Kathleen Connelly briefed the council on the item.Council is being asked to make a recommendation to the racing commission on Arizona Joe's continuing status as REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 5 OF 45 an off-track wagering facility.The information includes comments from city staff and the fire district.The applicant has been asked to be present this evening should you have any questions. Mayor Coleman requested the applicant address the council. Mr.Jack Mullin,director of off- track operations for Turf Paradise,3146 W.Pinnacle Vista,Phoenix,addressed the council.He requested approval for another three years of off-track betting at Arizona Joe's.They have been very successful there and have not had any problems. 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 discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF-TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT,417 S.WINCHESTER,FOR A TERM TO EXPIRE ON MAY 31.2006.BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FISCAL YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS FUND PROPOSED PROJECTS )Grants Specialist Roger Hacker briefed the council on the item.He stated the city has the opportunity to submit a supplemental application to the Department of Housing to receive up to $300.000 to help our community address an identified community need and the needs of the low and moderate income citizens.Part of the process occurred before this meeting in previous public meetings;council has a report on those meetings.He gave a brief description of the process,stating the council REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 6 OF 45 would be asked to listen to any new ideas from this evening,discuss all the ideas,decide which project the city should go forward with,and give direction to staff to begin preparation of the application.Staff will be back in two weeks with a resolution for the application packet.He described the Community Development Block Grant program,the conditions and requirements for the grant,and the projects that could qualify.He commented projects that have been mentioned at the previous public meetings include housing rehabilitation,a mobile command unit,rehabbing a building,assisting homeowners for sewer hook-ups,a road grader,a mobile stage for parks and recreation or repaving a street.Staff analysis of these projects has caused many of these to fall by the wayside because they are either ineligible or not doable in the one-year time frame. Councilmember Dietz asked if the application is due by August 1 this year. Grants Specialist Roger Hacker stated that is correct for these special funds. Councilmember Dietz commented that would only leave them a couple of weeks to put together any studies,any impacts,and everything that they are requiring. Grants Specialist Roger Hacker stated that is correct. Councilmember Dietz asked if that is why a lot of these are being eliminated. Grants Specialist Roger Hacker stated that is correct. Councilmember Dietz commented he does not have enough time to get the proper surveys and paperwork done. why a lot of these are being eliminated. stated that is correct. Grants Specialist Roger Hacker stated that is correct.He commented Health and Human Services Commissioner Joyce Payne is in attendance,and that the commission did a wonderful job during this process on very short notice.There were some excellent ideas that they would like to see the city examine in more depth when we have more REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 7 OF 45 time.Staff would like to schedule this process again this fall so that we can put all of these untimely ideas for this process back on the table for the council to consider with any other projects at that time. would be for next year. stated that is correct. Councilmember Dietz asked if that Grants Specialist Roger Hacker Councilmember Dietz commented that would be $300,000 per year,if you are chosen each year. Grants Specialist Roger Hacker stated that is correct.They would like to apply for this every year. Mayor Coleman asked if there are communities that are successful year after year. Grants Specialist Roger Hacker stated he had only received information on last year's cycle.They funded ten communities last year,with Casa Grande being the largest community that was funded.He does not know what happened in 2001. Councilmember Waldron asked if any money is spent before this grant is awarded. Grants Specialist Roger Hacker stated this and the regular CDBG funds are all on reimbursement.The city spends the money,the expense is documented,they get the receipts,bill the Department of Housing,and they reimburse us. Councilmember Waldron commented the funds are not spent until we learn that the project has been approved. Grants. Specialist Roger Hacker stated that is correct. Vice Mayor Eck commented he was glad to see that they would be more organized for next year,as far as getting REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 8 OF 45 these projects ready ahead of time and the those projects would be ready for next year. Grants Specialist Roger Hacker stated they announced this cycle midway through staff trying to get the two applications ready for the regular cycle this year.Staff scrambled,but they thought this was too good of an opportunity to miss. Vice Mayor Eck commented they would be dealing with both of them next year,the bi-annual and this one. Grants Specialist Roger Hacker stated they will not be doing the b -Lannual.unt-i l 2005. Mayor Coleman opened the public hearing on the item. Ms.Christy Johnson,representing the Community Alliance Against Family Abuse,P.O.Box 3778.Apache Junction, AZ 85217,addressed the council.She thanked them for the proposal put before the council to purchase vans that would be distributed to social service programs to better serve the low income clients.She understands the time constraints make this not feasible at this time.Her organization will continue to work with community partners to address the transportation issue. She hopes this will come before the council again and hopes to gather their support. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. City Manager George Hoffman stated they have a presentation on the mobile command unit for the council. Public Safety Director Robert Warner gave a presentation on the mobile command unit.He commented i t is unusual for the police department to be competing for this kind of funding as i t is usually reserved for social services and public works projects.However,in this case,because of time constraints and environmental impacts.i t seems that this was a window of opportunity to address a long term need.The REGULAR MEETING OF THE CITY COUNCIL JULY I .2003 PAGE 9 OF 45 current vehicle is a 1985 tool truck converted for use as a Special Weapons and Tactical Team van and as a mobile command post.It does not have sanitary facilities and the air conditioning unit does not work very well.I t only has the same radio as in the squad cars for communication equipment,and does not have any bio-hazard showers or decontamination facilities.The work area is only 2'X 3.5';it becomes very crowded.I t is used 24 to 30 times per year. They have attempted to get grant funds in the past to upgrade the unit.I t is estimated it will cost approximately $300,000 to purchase a new mobile command post,which is clearly too much for the department budget.They would like to utilize these grant funds.The project meets all the requirements and i t would benefit the entire city.If it is not funded at this time,the chances are it will never be funded.The equipment would give field officers appropriate sanitary facilities to utilize in the field;they would have a healthy environment to refresh themselves in an air conditioned area and a . place out of the sun;it would facilitate necessary communication with other agencies they work with that are on different frequencies;it would facilitate command and control of large scale operations and crime scene investigations; it could also be used as a temporary dispatch center in the event of a malfunction of the current center or a quarantine situation.They would go from an out-of-date,multi -use piece of equipment that is only marginally effective to a modern,state-of-the-art vehicle that will service the community's needs now and in the future.He showed the different options available on the unit. Councilmember Waldron asked if they could equip the unit shown for $300.000. Public Safety Director Robert Warner stated they could.They could well equip the vehicle.The chassis shown is $132,000,and then you add all the other equipment that you need. Councilmember Waldron asked if there was any money available .through the homeland security that was voted on. Public Safety Director Robert Warner stated not as of yet,and they have had no clear indication that the money would be forthcoming.Pinal County received an award for $2.8 million county- wide to be spent on updating communications. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 10 OF 45 Councilmember Waldron commented he did not realize they are unable to communicate with Mesa or Maricopa County. Public Safety Director Robert Warner stated the Mesa helicopters have the radios they would like to have in the command post,and they have been able to communicate with them.That is how they communicated to Mesa and other law enforcement agencies during the most recent Amber Alert.There are no direct communications.Our dispatch can telephone their dispatch,who then notify the cars,who send their information back to their dispatch,who relay that information to our dispatch,and vice versa.I t is an arduous situation.Communication is the most critical aspect in these situations. Councilmember Insalaco asked if the mobile command center would be separate from the SWAT van. Public Safety Director Robert Warner stated it would. Councilmember Insalaco asked if this would be used as the SWAT van. Public Safety Director Robert Warner stated it would not.They will use the current vehicle for the SWAT van. City Attorney Joel Stern recommended stated it would. would be used as the SWAT van. they reopen the public hearing. Mayor Coleman reopened the public hearing on the item. Mr.Michael Weller,471 W.21st Avenue,Apache Junction,addressed the council.He commented the fire department deals with hazmat,and asked why the police department would need hazmat in their vehicle. Public Safety Director Robert Warner stated the fire department does maintain responsibility for hazmat response, however,police officers are the first responders and will be there first in any hazmat incident and those exposed will need to be decontaminated. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 11 OF 45 Mr.Louis Babin,2191 S.Belair, Apache Junction,addressed the council.He asked if the officers would be going inside the vehicle to a decontamination area. Public Safety Director Robert Warner stated the decontamination area would be outside of the vehicle.They would not want to bring any contaminants into the vehicle. Mr.Louis Babin asked how many different chassis models and options they have. Public Safety Director Robert Warner stated they discovered several different companies with several different models on an Internet search this afternoon.They are very flexible. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented he would never have thought of this,however,there was a fire across from his house and while talking to the officer on traffic control.Mesa brought their mobile command unit in to help.I t had everything,and that is when he learned Apache Junction did not have one.He thinks i t is a necessity for this community.He commented the CAAFA people should stay prepared for next year's funds as it will be a great opportunity. Councilmember Waldron thanked Christy for coming forward and doing that as the council realized they would have had some vans sitting around with no place to go. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING FISCAL YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS FUND PROPOSED PROJECTS:MOBILE POLICE COMMAND UNIT. REGULAR MEETING OF THE CITY COUNCIL JULY 1.2003 PAGE 12 OF 45 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. DEVELOPMENT FEE REQUEST FROM MR.JOE SEVERS FOR A FEE WAIVER AT 264 NORTH VISTA )City Attorney Joel Stern stated the council will be quasi-judicial officers for this item.They will sit as judges in this administrative proceeding.The city will present its position with Mr.Powell bringing forth any witnesses and he will give a presentation which will be evidence.Mr.Severs will have the same opportunity,including providing any documentation for evidence.All witnesses shall be sworn in by the city clerk.There is also a public hearing portion on this,and they do not have to be sworn in.It would be simpler if all were sworn in at the same time at the beginning of the proceeding.A court reporter is present to take down the testimony of all the witnesses and questions asked by the council. The transcript will be the record for this proceeding if it goes any further than this.After the public hearing,council will ask Mr.Powell and Mr. Severs for any final comments.Council will then discuss the case.I f additional questions are taken or asked afterwards,he recommended they reopen the hearing to allow them to rebut anything said.Following the discussion, the council will vote. .Vice Mayor Eck asked if the applicant had been advised of this procedure. City Attorney Joel Stern stated Mr. Severs is here tonight,he. filed:the application and he believes he was informed of the hearing.He has the opportunity to bring forth witnesses or hire an attorney to do it.' REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 13 OF 45 Vice Mayor Eck commented this is very different. Mayor Coleman commented they have had development fee appeals before,but they have not gone through this formal a process. City Attorney Joel Stern stated i f Mr.Severs request is turned down,there are appellate remedies.He could go to Superior Court.He would have to file a certain complaint and a record has to be kept.He recommends the court reporter for the record,plus they have the tape.There have been other cases where they have had the tape but the tape malfunctioned,causing s new trial to be issued.The judge actually sat as the jury.With the court reporter taking down each word,there would not be a new trial at that level.I t is based on what the judge reads. Mayor Coleman requested all those to be called as witnesses to stand in order for the city clerk to swear them in. City Attorney Joel Stern asked them to identify themselves for the court reporter. City Clerk Kathleen Connelly swore in all the witnesses for the proceeding. Mayor Coleman requested Interim Assistant City Manager/Assistant to the City Manager Bryant Powell to present his evidence. City Attorney Joel Stern commented there should not be any cross talk as i t is difficult for the court reporter to take down two or three people saying things at the same time. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell commented he is the there as the development fee administrator for the City of Apache Junction.He looked to staff to assist him in this process.Staff's report consists of an overview of the appeal process,the history of the property,development fee function,its purposes,and how the decision was arrived at.He gave a brief overview of the appeal process.Mr.Severs has submitted a letter requesting REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 14 OF 45 a waiver of a development fee in the amount of $2,527 for a single family dwelling unit.The history on this property begins in 1988 with a permit issued for a 25'X 40'accessory storage building that was never completed. Mr.Severs did not own the property at this time.Required inspections were not performed.In 1991 a permit was issued for a light storage building with no evidence of inspections on it.In 2001 code.compliance received a complaint of people living in an illegal structure.The building was declared a dangerous building.Mr.Severs then purchased the property and is proposing to develop an existing structure from a non -dwelling unit to a dwelling unit. The development fee function is there to offset the impact of growth.These fees were enacted in 1997 to have growth pay for itself.They are a proportionate share of the anticipated impact for the types of facilities for which. the fees are charged.The funds will pay for capital facilities.Staff asked themselves what is the existing structure.I t lacks plumbing and a kitchen:i t is an accessory structure being converted to a dwelling unit by adding these.Staff is required to execute what is in the ordinance,and this permit "triggered"a single family dwelling unit development fee.The development fee ordinance allows for individuals to remodel or add on to an existing single family residence,such as adding on a room,and not having a development fee added. Mayor Coleman opened the item to questions of Mr.Powell by council or Mr.Severs. Mr.Joe Severs commented the last item mentioned by Mr.Powell was that you are allowed to add on or do room additions to single family dwelling units and not pay the fees.He asked what happens if the fees have never been paid in the past.He was told any new development,such as a room addition or a garage,he has to pay the development fees if they have never been paid in the past.Tonight he is saying you do not have to.There seems to be confusion.He asked for an explanation. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated they look at the current existing structure.If the land use is changing,then they would implement and ask for a development fee.He believes they do not ask for a development fee on an existing structure that is added on to and has never paid a development fee.They do not ask for a development fee unless that property has been vacated for more than a.year. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 15 OF 45 Interim Development Services Director Rudy Esquivias stated that is his understanding.The building in question was first constructed in 1988 and was never originally permitted as a dwelling unit.It was a garage with a room on top.There had been a mobile home on the property which was the main dwelling.The mobile home was removed 5 or 6 years ago.The property had no primary building but had an accessory structure on it.There have never been any development fees paid on the property,just permit fees.Mr.Severs current request is to establish a dwelling unit on the property by converting the accessory structure into a dwelling unit.The property has..not had a dwelling unit in over.5 years. This is considered the establishment of a new dwelling unit which is subject to the current development fee schedule. Mayor Coleman commented there were two building permits issued on the structure but it was never completed.He asked if there is an expiration time on those building permits.He assumes they have both expired without the structure being completed. Interim Development Services Director Rudy Esquivias stated that is correct. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell asked what the dates were on those. ' Building Official Dennis Dixon stated they were issued in 1988 and expired by limitations by six months of no work being perforMed.A letter was written by the city in 1990 to the owner at the time that they were in violation of their permit as they had not finished the structure.He believes they had been trying to live in i t because i t does appear from his findings that the mobile home that was there burned down in 1990.It has apparently been 13 years since a primary residence has been there.The permit in 1991 would have expired in six months. Mayor Coleman asked if the last time someone legally lived on the property was 1991. Building Official Dennis Dixon stated he believed the last time anyone legally lived there was between 1989 REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 16 OF 45 and 1991,probably 1990.The 1989 permit showed the mobile home on it,the 1991 permit does not. Mayor Coleman asked if a building permit was issued in 1991 without a primary residence on the property. Building Official Dennis Dixon • stated i t appears one was issued for work to be done on the second story of this garage. Mayor Coleman asked if they normally issue a permit if there is no primary structure on the property. stated they do not. done with this property. stated someone did it. Building Official Dennis Dixon Mayor Coleman commented that it was Building Official Dennis Dixon Mayor Coleman stated the ordinance has a section stating that for an addition or to remodel or replace existing structures or for a change of use to an existing structure,the development fee to be paid shall be the difference,if any,between the fee,if any,that would be payable for existing development on the site or,in the case of demolition or removal of a structure,the previous development on the site, provided that the demolition or removal has occurred within one year of the date of submittal of application for which development fees are assessed,and the fee,if any,that would be payable for the total development on the site after the new development.It would be the difference between those two things.He asked what the purpose of the one year time limitation was. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated he asked the consultant that question and he stated i t is not tied to anything and was the priority of the council.It can be changed at council's desire.He did not know the rationale. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 17 OF 45 Mayor Coleman commented i t is a common number. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell agreed.The consultant stated he had seen some at 3 years and at 5 years. Mayor Coleman asked if anyone had questioned the one year time limit. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated there are about 6 per year. Building Official Dennis Dixon stated that would be the maximum. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated that would be in the city who have a situation similar to this where they would wonder about that year.In all of those cases they were able to show that people had lived on that property within that time frame and development fees were not assessed. Mayor Coleman commented so they went from a structure that had inhabitants,to one without inhabitants,so there really was not any growth in the population.In this case,you are telling the council that i t is going from an uninhabitable building,at least since 1990,to a building that is inhabitable,going from no residents to some residents,which does have an impact on the community's infrastructure. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated that is correct. Mayor Coleman asked if they would be setting precedence with a decision that is made here. City Attorney Joel Stern stated they would not:i t is fact specific for this case.If there is interest in changing the ordinance,that could be done at another hearing. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 18 OF 45 Mayor Coleman asked if people who have paid this fee could seek a refund if this is changed from one year to three years later. City Attorney Joel Stern stated they could not as there would be no retroactivity.If they grant Mr.Severs his relief,the people who have paid in the past would have no recourse against the city. affect that at all. is correct. this property. Mayor Coleman commented it would not City Attorney Joel Stern stated that Mayor Coleman added i t is just for City Attorney Joel Stern stated that is correct.They did not appeal their decision and they did not exhaust their administrative remedies,therefore,they are out of luck. Mayor Coleman asked if it would have some impact from this point forward. City Attorney Joel Stern stated people may hear about the decision and come forward to appeal,however,the council can change the one year to whatever they like.That would have to be done in a separate public hearing with a new ordinance that amends the development fee ordinance. Councilmember Waldron asked what the intent of the ordinance was regarding changes to property such as an existing structure that is a residence and that a residence will go on that property. I t seems the intent that if there is a substantial change that will impact the infrastructure of the city,that is what the fee is intended to do.He asked what kind of impact to the city's infrastructure there is if a current resident buys a piece of property in the city and does a similar situation but is already a resident. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 19 OF 45 Interim Assistant City Manager/Assistant to the City Manager Bryant Powell commented,using as example the commercial side,that there are different categories of land uses from retail to a movie theater and if someone wanted to change that land use and remodel,going from retail to a movie theater,then that difference is the variance they would ask for.That is the intent on commercial.On residential,someone may have paid development fees when they moved into a mobile home park,and then they vacate that spot and move into the community. They are not adding impact,but the space they vacated will eventually be full,though their new amount on the system needs to be paid by them.He sees that happening here.They have a resident that is here,but they are getting a dwelling unit that never had residents.I t is now getting residents and triggering a development fee. Mayor Coleman commented it would be as if he had moved into a brand new subdivision,vacating the home he is currently living in.He would have to pay the impact fee on the new home because someone else will move into his house.He,therefore,is having an impact on the population base. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated that is correct. If someone moves into the home within a year,they do not have to pay development fees.If they come in after a year after no one has been living there,then they do. Mayor Coleman commented if he sold his house and no one moved in for more than a year then that person would have to pay development fees. Interim Development Services Director Rudy Esquivias stated they are talking structures. Mayor Coleman stated i t is not a use change. Interim Development Services Director Rudy Esquivias stated the house is already there.In the case of a mobile home,you sell or move your mobile home,tO',a new property.That REGULAR MEETING OF THE CITY COUNCIL JULY I ,2003 PAGE 20 OF 45 property is now vacant and a new structure would go on there.If the house is already there,whether i t is vacant or not,there would be no fee. Mayor Coleman stated i t is not the structure,i t is the use. Interim Development Services Director Rudy Esquivias stated that is correct. Mayor Coleman stated there would be no fee on that sale of his house even if it was not occupied for over a year since the use did not change.They are questioning the use of this property. Vice Mayor Eck commented their actions were appropriate.However,he believes they need to look at this ordinance,especially the one year thing.It appears the use of this property was at one time residential.Someone lived on this property. Councilmember Milkey commented even if the development fee ordinance was a ten year,it would still trigger the development fee in this case.He asked them to define new development. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated i t is any change in what is being proposed as a land use from whatever i t is to something else. Councilmember Milkey commented this structure exists and was declared a dangerous building at one point.The structure is not new,but i t has never been a dwelling unit.I t has no plumbing or kitchen or residents living there that contribute and impact our infrastructure.I t is considered new development because now we are looking at an upgrade to a dwelling structure that will have residents that will impact our infrastructure.I t is therefore considered new development. Interim Assistant City Manager/Assistant to thefity Manager Bryant'PoWell stated that is how he believes it would be determined under the current ordinance. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 21 OF 45 Mayor Coleman asked Mr.Severs if he had any additional questions of Mr.Powell or Mr.Dixon.Mr.Severs declined any more questions.Mayor Coleman requested he proceed with his evidence. Mr.Joe Severs stated he understands the development fees and agrees with them on new development.They help pay for our library,schools and parks and recreation.He does not feel they apply in this situation.This was a residential property;people were living on i t at one time.The building was never a legal residence,but he knows that over 30 people were living in it at one time with illegal sewer draining out into a hole in the ground and :illegal plumbing.They buried a generator in the ground so they would have electricity.After they were evicted,it was sold to a bunch of druggies with 18 people living there at one time.Since then,there have been gangs and vagrants living on this property.He is changing the use by improving it to a decent place to live in the neighborhood.He was not informed that he could have witnesses here or he would have brought them.All the people in the neighborhood wanted to come and talk because he is improving the neighborhood.Mr.Powell gave him the development fee ordinance and the second paragraph stated the fees are assessed on new development based on the square footage and number of units. There is nothing new;i t is the same building that has been there for 17 years.The square footage is not being changed,nor are the number of units. He is only finishing what someone started years ago.He believes the confusion results from new development.However,he had it explained to him that it was not new development,but new impact.His mother-in-law was recently diagnosed with a heart condition and she moved in with them for the past one -and -a -half months,already creating an impact on the city.However, she is not changing the impact on the city if she moves out to her own residence within the city.He does not believe it will be impacting the city if someone moves into his old house that is now vacant.He believes a $2,500 development fee to finish a 17 -year -old building and move an elderly woman into i t in order to take care of her is not right.He is improving and cleaning up the neighborhood.He has already hauled 8 dump trucks of trash off of the property,4 tons on trailers. Councilmember Milkey stated they are stuck on the new development.The new development is going from non -dwelling unit to dwelling unit.Mr.Severs is stating he is only trying to finish something started 17 years ago.If that were the case,he would be finishing REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 22 OF 45 an accessory building,not a residential home.That is what is triggering the development fee. Mr.Joe Severs stated the permit that was issued in 1991 states in the inspection reports that the building is not for habitation.The permit was issued for a dwelling.I t states that the bottom level is for a workshop,hobby shop and garage.The permit that was issued was for a residence as there was no residence on the property.There is a little confusion over what it was issued for.There is also the time limit situation.He does not feel that he is changing the use of the building.It was added onto as a residence at one point in time.There was also a setback situation so it was considered a secondary building.He had the land surveyed and i t is legal to be a residence.He believes that is why the permit was issued in 1991 with no other dwelling on the property.You cannot have any secondary structure until a primary structure is there.There was no primary structure there in 1991 when the permit was issued:therefore he believes this was the primary residence.He does not know if he is changing the use of the building. Councilmember Sippel asked if he had money put aside to make this building better. Mr.Joe Severs stated that is correct. Councilmember Sippel stated when he went by there were boards on the lower windows and a couple of windows were missing from the top.He asked if there was money set aside to make sure the window structures are in and i t is painted. Mr.Joe Severs stated he has drawings of what the building will look like.It will be the same structure, but it will have dual -paned insulated windows,new steel security doors,new paint and a new roof. COundlmember Sippel asked if he had ample money set aside t6 make that aji,Vabig:area. Mr.Joe Severs stated that he does. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 23 OF 45 Councilmember Sippel commented there was a rusted electrical box out front. Mr.Joe Severs stated i t is non- functional. Councilmember Sippel asked if there is another electrical box on the side of the house. was a rusted electrical box out front. functional. Mr.Joe Severs stated there is a,.. subpanel inside the structure and the panel with 40 amp service is on the pole and will be replaced with a new 200. 'amp service.He cannot do that until he gets permission to do it.. Councilmember Sippel commented the houses across the street were elevated as they are presumably in a flood area. This structure is not. Mr.Joe Severs stated he found out about that situation after he purchased the land.The original mobile home site is in the flood zone.He was told that if he brings his mother-in-law's mobile home over here to put on the property,that i t has to be elevated 4 feet.He has the original land surveys,the flood surveys,and the existing structure is not in the flood zone because of how far back i t sets.I t is legal to be there. Councilmember Sippel stated he was concerned that all this money would be put into i t and we get a big rain and i t fills up and floods the bottom level. Mr.Joe Severs stated the building is legal to be there according to the flood survey.I t is out of the flood zone. Councilmember Sippel asked if he had a copy of what the building will look like when i t is finished.Mr.Severs showed him a sketch. City Attorney Joel Stern stated Mr. Severs can introduce any evidence he wants,and that includes this document. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 24 OF 45 Councilmember Sippel •asked how many square feet the building would be as i t looks gigantic. sq.ft downstairs and 1,000 sq.ft upstairs. bigger than that. Mr.Joe Severs stated i t is 1,000 Councilmember Sippel stated i t looks Mr.Joe Severs stated i t is just a sketch of the existing structure and what he intends for it to look like when i t is done. Councilmember Sippel asked again i f he had ample money set aside to complete the project. Mr.Joe Severs stated at the time of the appeal he did not have enough money when he applied for the permits.He only had about $4,000 set aside and he could not get his permits for that:he arranged other things. Councilmember Sippel asked if the mother-in-law is living with them now and will be living with them there. Mr.Joe Severs stated that is correct. Vice Mayor Eck commented he had stated earlier that he would have had witnesses if he had known about the procedure.He asked if he knew what was going on tonight. Mr.Joe Severs stated he knew he could appeal the decision to the city council and the mayor,and that it had to be in writing,which he did at the last meeting.He did not know anything else.He did not know he could bring witnesses and he did not know it would be this procedure. notified about tonight's process. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 25 OF 45 Vice. Mayor Eck asked if he was Mr.Joe Severs stated he was not. Mayor Coleman asked if he knew it was a public hearing. Mr.Joe Severs stated he thought i t would be like every other meeting that they had been having. Mayor Coleman asked again if he knew it was a public hearing. Mr.Joe Severs stated he did. Vice Mayor Eck asked how much he has invested in this in the way of permits. Mr.Joe Severs stated i t has a 1,050 gallon septic tank already there that has been certified.He believes he has about $2,800 into the property right now. Vice Mayor Eck asked what fees he already had into the property. Mr.Joe Severs stated it will cost him $3,300 to get the permits to start this building,of which $2,500 is the development fee.The permit fee has been paid for this building twice already:he is paying for a building that is already there.They figured that the building was 45% constructed so they took 45% of the fees off.The building is not a dangerous structure;it was considered one because i t never had a final inspection. Councilmember Milkey asked Dennis i f he had been in the building recently .anitwhat its status was.He is concerned about thecity's position when atuilding permit is taken out but the inspections are not done.He asked"what the.city's recourse would be in making that or condemning the building,, forcing it to either be permitted and inspected or torn down.- Building Official Dennis Dixon stated by definition the inspections are required in the code.If they are REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 26 OF 45 not done,i t automatically becomes a defective and dangerous building whether i t is dangerous or not.In this case some of the documentation from previous people stated i t has some overspanned beams,lateral bracing problems and 'other issues.I t is a public nuisance with the windows broken out.That allows it to be considered a dangerous building.I t has been considered a dangerous building and Mr.Severs is right in that people have been going in and out of it over a period of years.I t has been a constant code compliance and police issue.Currently,Mr.Severs came in and discussed his idea and showed him some preliminary sketches.There is a considerable distance to go in order to take this structure to a habitable building.Mr.Severs is stating he has a new survey.The survey staff was working off of showed the structure does not meet the setbacks for a dwelling.He has yet to make a permit application,so his memory is based on a discussion he had with him at the counter several months ago.Regarding the one year limit for the development fees,he thinks the theory behind that limit was that it was assumed the fees would have been in place for some time,such as ten years, and they would have been collecting fees for some time with things supporting themselves.Once the dwelling was abandoned for a certain period of time,his opinion is the theory behind that is you become able to collect that fee to make up for the period of time that it was never collected prior to that.I t is a way of playing catch up. Mayor Coleman commented he finds i t hard to believe that we have six of these a year,with a structure that has been abandoned,illegally inhabited,and with people who want to come in and make i t a useful building. Building Official Dennis Dixon stated they do not see six of those a year;they see people who have abandoned their property for a year or have taken away a manufactured home,or they have sold i t and someone else wants to put one on there,so they go through the process of either proving or disproving i t has been vacant. Mayor Coleman stated there would be no structure there at all. Building Official Dennis Dixon stated that is correct.This one is black and white. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 27 OF 45 Councilmember Sippel stated this one is very unique. Building Official Dennis Dixon stated i t is unique only in the fact that the primary structure is gone which, the way they read the ordinance,it makes it clear that there is no principal dwelling there which makes the impact.Now we are attempting to turn what has been an illegal building for 13 years into a dwelling.To get to that point is an unknown at this point as to whether that is possible. Councilmember Waldron commented about a June 27,2001,letter from Code Compliance Supervisor Robert Mayes which states on page 3 that the property is in a Zone A flood plain according to the flood plain map and any building would have to have a certificate of elevation.The certificate must be site specific and certifying that the building floor level is one foot above flood level as required by law.He asked if he knew if that building meets that certification. Building Official Dennis Dixon stated from what he has been able to determine with Mr.Severs,with his survey,a surveyor has determined that this building does meet the elevation requirement.On that same survey,the setback indicates that the building does not meet the setbacks for a dwelling. Councilmember Waldron asked if it has a flood plain certificate issued. Building Official Dennis Dixon stated there is one issued for the accessory building. Mayor Coleman asked Mr.Severs if he understands why staff took the position that they took. Mr.Joe Severs stated he understood it was because of the char* of use and impact to the community.The impact to the community does not apply as the person is already residing in this • community.He added council has been told there are no inspection records on this building,and there is..He has the inspection permits for the . foundation,footings,concrete .pads,fr,am-tg,laiyand stucco and they have all been passed.It was inspected up to the electrical and plumbing and was ready to go into the dry wall and finish work.;I REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 •PAGE 28 OF 45 inspections were by city staff. Mayor Coleman asked if the Mr.Joe Severs stated they were. Mayor Coleman commented there is a note stating his original intent was to use this as a garage. Mr.Joe Severs stated he was going to move his mother-in-law's mobile home onto the property in the front where the mobile home used to be and use the accessory building as a garage. Because of the flood plain,to move her mobile home onto the property would cost him about $40,000.They would actually be buying a newer mobile home, not bringing her old one.They are looking at half of that to finish this building.The building is legal to be there and is structurally sound.He has a list from the city on corrections that need to be made and he can make those corrections. Mayor Coleman asked when the setback requirements come into play in the process. Interim Development Services Director Rudy Esquivias stated this is a GR zone.You typically need 40' front and rear yard setbacks and 20'side yard setbacks.The setbacks are different for an accessory structure.If it is not used for a barn,i t needs to be 60'from the front property line and 4'on the sides and rear.He assumes that is why that building was not built at a residential setback as i t started out as a garage. Mayor Coleman asked what would be the process to ask for setback relief if a person has a property where part of i t is in a flood plain. •Interim Development Services Director Rudy Esquivias stated the Board of Adjustment would handle a variance request in a case where there is something physically cumbersome with the land.Arizona law is very tough on variances;you generally can only get variances on a property when there is something wrong with the land that is not wrong with other properties in the neighborhood,such as a wash through the property,i t is on a hillside,or you have a rock problem.Mr.Severs REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 29 OF 45 property may qualify for a variance if the flood zone is the constraint and i f the accessory building is converted into the main building. Mayor Coleman commented that is really separate from what they are discussing here. City Attorney Joel Stern stated that is correct.The variance issue is not a development fee issue. Mr.Joe 'Severs commented a structure of this size as a secondary unit has side yard setbacks of 15'.Smaller units less than 7'or 10'X 12"can be 4'from the property line.The old survey showed there were originally 4 lots owned by one man,and he gave one of his daughters one lot and decided to sell another one,whereupon they threw up a fence.The fence is 14'2"onto his property.The new survey shows the building is in the legal setback area.I t is 20'1"away from the side yard property line.He does not know why it was built there or where they measured it from.I t appears they measured 15'from the fence line when they built the building. Interim Development Services Director Rudy Esquivias stated they must have been going off of the old survey. Councilmember Waldron asked to see the survey. Councilmember Sippel asked him if he wanted to see the blueprints and the sketch.He passed them around for the remainder of the council to view. Mayor Coleman asked if anyone had any additional questions of Mr.Severs.There were no further questions. Mr.Joe Severs stated he appreciated the council's consideration of this. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 30 OF 45 Mr.Michael Weller,471 W.21st Avenue,Apache Junction,addressed the council.It appears to him that Mr Severs is trying to turn a blighted building into a dwelling that will pay taxes.He believes they should bend over backwards to help him. Mayor Coleman closed the public hearing with no one else wishing to speak.He asked Mr.Powell if he had any final comments. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated he did not. had any final comments. Mayor Coleman asked Mr.Severs if he Mr.Joe Severs stated he did not. Mayor Coleman opened the item to council discussion.He sees a real difference between this case and others where the structure is demolished or moved and a year lapses,with someone else coming in with a new structure,because the land is vacant.There is some anticipation that what would be going in on there would be something new, hence new development.In this case,and i t is specific to this case,you have a structure that has been inhabited illegally for a long time and has been a source of problems for the community.He had a hard time believing that we had five or six cases a year that were like this that never made i t this far. Councilmember Waldron stated the definition of new development concerns him.He is not clear on what i t is other than there is desert out there that is leveled off and buildings are built.He is also concerned about the intent,especially in this situation. We have a blighted building with a resident who wishes to improve the property.I t seems the impact is minimal or nonexistent,even though someone could move into his vacated house.They would not collect fees on the latter building because i t is already there.He has a problem with the way the ordinance is written.I t is a burden and a penalty on someone who wants to improve a property. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 31 OF 45 Councilmember Dietz agreed with them both.He does not see the impact on the city.The mother-in-law is now living with them.He believes they also need to look at the timeline on the ordinance. Councilmember Sippel commented there seems like there was more trouble in the past on that property than there will be in the future.The impact will be less than what i t has been in the city. Councilmember Milkey commented based on the language of the ordinance it was cut and dry.The development fee was applied,that triggered the staff response.Fortunately they do have an appeal process. Councilmember Insalaco agreed with all of the above. Vice Mayor Eck commented he agreed with most of them.He thinks this situation is unique:in six years he has never been a quasi-judicial board.He thinks it goes to the ordinance and i t is cut and dry in there.He believes the ordinance needs to be looked at and changed.Staff did exactly what they were supposed to do,and they should not feel that a decision to relieve these fees is against them.They followed the ordinance.He feels that the city's philosophy should be if someone is trying fix up a blighted area,that the city is discouraging them if the development fee is applied.This property was a dump.The development fee discourages fixing up those blighted properties and should not be applied on this.They need to look at the policy and change it to avoid going through this process again. There was general discussion about the policy being in effect since 1997 and the one year limitation. Mayor Coleman stated he does not believe the ordinance is that bad.He believes the one year requirement is totally appropriate if it is a major change in use.If a larger home was changed to a bed and breakfast,i t should apply. Vice Mayor Eck agreed. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 32 OF 45 Mayor Coleman commented if they have a structure that was moved or completely demolished and a year passed,i t creates the expectation that a development fee would need to be paid.If a structure already exists,one would assume that i t is a structure that could be renovated without the fee.That is what this process is for,for something that is as particular as this one.He does not anticipate their seeing a lot of these in the near future. Vice Mayorjck commented he agreed• as i t is general rural and is staying general rural.If it was a rezoning and they were creating another ldt,or multi -family it would also apply. Councilmember Waldron commended staff for doing exactly what the ordinance says they were to do.I t speaks well of staff for this tough decision. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE DEVELOPMENT FEE APPEAL REQUEST FOR A WAIVER FROM MR.JOE SEVERS FOR THE PROPERTY AT 264 NORTH VISTA ROAD WITH A DEVELOPMENT FEE IN THE AMOUNT OF $2,527.00 BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 33 OF 45 NEW BUSINESS CONSIDERATION OF RESOLUTIONS TO BE SUBMITTED TO THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE )Mayor Coleman commented there are resolutions in the packet from discussions held at the June 16 work session. He listed the three resolutions that had been discussed.He stated he has had other municipal officials tell him they are doing other things to make sure that the development impact on the schools has been taken care of,whether i t be by voluntary donation,per house,or some other way.He would not like to go the route of a resolution until staff has looked at what other communities are doing by way of intergovernmental agreements with their school districts. He sees i t as a very tough sell to that group.He feels they need to have something in place beforehand to show that they have looked at other options. City Clerk Kathleen Connelly asked if he was suggesting not submit this. Mayor Coleman stated that is correct. City Clerk Kathleen Connelly stated there is not enough time for staff to look at it and bring it back. if he was suggesting not submit this. correct. Mayor Coleman stated he is suggesting that we not submit this one:that we look at the options some of the other communities are doing,such as Queen Creek,Glendale,and the whole west side. Vice Mayor Eck commented he agreed with the mayor.He feels if it was adopted by state law all cities would follow the same policies.Currently all cities are doing their own internal lobbying with their school districts.He wishes the criteria were all the same and there would be no more lobbying. Mayor Coleman agreed with the vice mayor.This affects the large developers,but not the small ones.Our school district was able to get donations for Peralta Elementary School from the county.He would also like to see the city have something comparable to that. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 34 OF 45 He would like to see a resolution allowing an approved bidders list,similar to what school districts currently are allowed to use in their process for capital facilities. Interim Assistant City - Manager/Assistant to the City Manager Bryant Powell stated Ray Del Zotto mentioned in a staff meeting Construction procurement on school buildings. They .now have the ability to select who they want to interview from a selected amount of firms,pick those that they like,and those firms then bid on the project.They then take the lowest bid fromrthoe firms. ,Mayor Col man cmmented that they would not have to put a firm on the list that has 4 complaints with the registrar of contractors. Mr.Ray Del Zotto stated i t is not open to the public. Vice Mayor Eck commented i t is in effect a request for qualifications list.He asked if they are only allowed to go lowest bidder at this time. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell, stated on the hard bid scenario you use the lowest bid.That is what happened today. Mayor Coleman stated that is what they are allowed to do. Interim Assistant City Manager/Assistant to, the City Manager Bryant Powell stated there are other ones.There is design build, and construction manager. risk;they were talked about during the beginning of the city hall process. Councilmember Sippel asked if they would take the lowest bidders out of those that we said were qualified,and then they would take the lowest bidder out of those;those would be taken from a selected group that can bid whereas we currently open i t up to anybody. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 35 OF 45 City Attorney Joel Stern stated i t would be similar to what architects and engineers are allowed.The city currently has a list of who they can use and they interview them once a year and pick who they want to use.If they cannot come to an agreement on price, it goes to the next person on the list. Mayor Coleman asked if this would be for construction only. Interim Assistant City Manager/Assistant to the City Manager Bryant Powell stated that is correct. He asked Ray Del Zotto if this would be for vertical and horizontal construction. Mayor Coleman requested Mr.Del Zotto address the council. Mr.Ray Del Zotto,3861 W.Elgin Street,Chandler,addressed the council.Procurement of contracting services has always been on a low bid basis in Arizona until recently.A couple of years ago the legislature allowed alternatives to the low bid process,one of which was construction manager risk and design build,as well as job order contracting.Those alternatives allow public entities to select the highest qualified contractor to perform their construction,but the method of delivering the price is through negotiation.I t is one more alternative;all the alternatives are best suited in certain situations.This alternative would be a qualifications -based selection of a bidders list.You would ask for contractors'qualifications,you would select the three to five highest qualified firms,who would then bid the project with the contract being awarded to the lowest bidder.I t has recently been enacted into law for K-12 school districts. Mayor Coleman commented this is one he thought they could go with.He asked for the council's opinion.The consensus of the council was to go with this resolution.Mayor Coleman asked if there were any others.He asked if they had the time to put i t into resolution form. :city Clerk .Kathleen Connelly stated they would have to rely upon the:conStructfon experts. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 36 OF 45 Councilmember Sippel asked if there was enough time. City Clerk Kathleen Connelly stated i t is due in final form in a week.The mayor also has to be comfortable in making the arguments in front of the committee. MayorColQman commented staff would bring him up to speed on it.He then closed the discussion and called for a motion.. Councilmember Milkey MOVED THAT WE APPROVE THE RESOLUTION REGARDING THE FUNDING FOR THE ARSENIC STANDARDS,THE HIGHWAY LANDSCAPING,THAT WE DROP THE FIRST ONE ON THE SCHOOL FEES,AND INCLUDE ONE FOR THE BIDDERS LIST SIMILAR TO WHAT SCHOOL DISTRICTS ARE CURRENTLY ALLOWED TO USE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly commented she had given them information earlier on another city who is going to reintroduce the referendum issue.The council may wish to authorize the mayor to sign off on it. Vice Mayor Eck asked what the referendum issue is. City Clerk Kathleen Connelly stated i t is to address the signature requirements. Mayor Coleman asked who was reintroducing it. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 37 OF 45 City Clerk Kathleen Connelly stated i t is Pinetop -Lakeside,but there are any number of cities willing to sign off on it. REAPPOINTMENTS/NEW APPOINTMENTS TO BOARD OF ADJUSTMENT,LIBRARY BOARD,PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION )City Clerk Kathleen Connelly briefed the council on the item.Last night they interviewed applicants for these boards and commissions.Five of the applicants did not attend the interview session.Dan Austin thought the interview was tonight,and he has already left. Councilmember Sippel asked if all the positions had to be filled tonight. City Clerk Kathleen Connelly stated they can fill some.If they do not have enough people,they can wait. Vice Mayor Eck stated they could wait if they felt they did not have enough qualified applicants. City Clerk Kathleen Connelly stated that is correct.I t is their choice.If they want some on the next agenda, she needs to be informed so she can add it to that item. Mayor Coleman asked for any other questions or comments. There was general discussion on some of the applicants,which boards the council would like to see them on,how many they would have to appoint to certain boards tonight,and how they would appoint them.It was determined they would do one board and one position at a time, Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 38 OF 45 Vice Mayor Eck MOVED THAT DAN AUSTIN BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT CAROL URICH BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2006. MOTION. VOTE:Unanimous. The motion carried. Councilmember Milkey SECONDED THE Councilmember MIlkey MOVED THAT JUDITH F.NEWMAN BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30,2005. Vice Mayor Eck SECONDED THE MOTION. There was discussion on who this applicant was and that she had stated she had wanted to find out more about the other boards before being appointed to one other than the Library Board. Vice Mayor Eck WITHDREW HIS SECOND. City Clerk Kathleen Connelly suggested Rudy Esquivias contact her and this be brought back at the July 15 meeting. The council consensus was to leave the position vacant and to bring this one back on July 15. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 39 OF 45 Councilmember Dietz MOVED THAT VIRGINIA FOAT BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30, 2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck MOVED THAT JOYCE PAYNE BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Sippel MOVED THAT THERESA NESSER BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT PAT RICHMOND BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 40 OF 45 The motion carried. Vice Mayor Eck commented that applicant Scott Bolmer could be on any board,but he believes he should be on planning and zoning.He did not want him to be on parks and recreation also as that would give them three people on those same two boards. Councilmember Milkey MOVED THAT VINCENT M.BARR BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT THERESA NESSER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Milkey MOVED THAT SCOTT BOLMER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT SHANE PHILLIPS BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30,2004. REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 41 OF 45 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented they only have one vacancy left. City Clerk Kathleen Connelly stated they would bring back that vacancy on the Board of Adjustment on July 15. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS There was general discussion on if the development fee ordinance should be looked at.The consensus of the council was to leave i t until its next scheduled review,as reviews are done every three years. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JULY 14,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 15,2003, IN THE CITY CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 42 OF 45 Mayor Coleman commented Vice Mayor Eck filled in for him via video conference for the Maricopa Association of Governments and they had a small red,yellow and green light device on the speakers'podium.When the light is green,the speaker has 2 minutes to speak,with one more minute on the yellow light and they must stop when it turns red;They know how much time they have to talk. Vice Mayor Eck commented it was very effective in that meeting,and it was a very nice meeting,talking about the non -attainment area for the ozone. Mayor Coleman added they are supporting the Maricopa Association of Governments position as i t leaves Pinal County out.Other proposals are being put forward that would put restrictions on our city,but he thinks Maricopa County of Governments realizes most of the problem is generated in Maricopa County and then drifts this way. Mayor Coleman announced that he and Bryant Powell attended the Central Arizona Association of Governments meeting in Payson.There was discussion on a neighboring sewer system. Mayor Coleman announced they would be having fireworks on the Fourth of July. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:58 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 17,2003. 3.Consideration of award of bid for Project No.PW 2003-10,Fuel,for FY 2003-04 to Supreme Oil Company for $0.8457 per gallon for diesel fuel and $1.2051 per gallon for unleaded gasoline. 4.Consideration of award of bid for Project No.-PW,2003-09,Tires,for FY 2003-04 to Am-Pac,GCR Truck Tire Center,SUnState Equipment and Redburn Tire Company for a combined total o-L$28A30.52 .; REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 43 OF 45 5.Consideration of award of bid or rejecting all bids and rebidding the project for Superstition Shadows Park Phase III PR 03-01.(This item was continued from the June 17,2003 Council meeting.) 6.Consideration of award of bid to Tribune Newspapers to print Citizen/Cityscape Community Magazine for FY 2003704 in an amount not to exceed $30,000. 7.Consideration of award of bid to Apache junction News for display advertising for Marketing Communications and supplemental legal advertising for City Clerk's Department for FY 2003-04 in an amount not to exceed $12,000. 8.Consideration of renewal of contract with Baker & Taylor,Inc.to purchase books,audio-visual materials and related services for FY 2003-04 in an amount not to exceed $136,015 annually. 9.Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for FY 2002-03. 10.Consideration of professional services agreement with Carroll Buracker & Associates Inc.for an analysis of Public Safety Department operations in the amount of $78,750. ACCEPTED THIS 15TH DAY OF JULY ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JULY ,2003. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 44 OF 45 DOUGLAS C7LEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of July,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of July,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1,2003 PAGE 45 OF 45