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HomeMy WebLinkAbout2002-12-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 3,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 3,2002,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 Eck gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Finance Director Keith Lewis Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 1 OF 32 Others Present: Assistant to the City Manager Bryant Powell CDBG Administrative Assistant Melinda Larson Grants Specialist Roger Hacker Development Services Manager John Petroff Management Assistant Shari Watson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT BETWEEN GEORGE HOFFMAN AND THE CITY OF APACHE JUNCTION FOR THE POSITION OF CITY MANAGER AND SETTING FORTH THE TERMS OF EMPLOYMENT: AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Bill Miller,1722 E.2nd Avenue,Apache Junction,addressed the council regarding his inability to put an awning up on the west side of his home. City staff in 1989 told the original owner of his property that the home would have to be placed along the setback.In 2001 Ron Grittman and Doug Dobson came out and showed him where he could put a retaining wall in on his property,which sits 26'back from the setback towards the easement for Descanso.He was refused the awning permit because of where the house is placed,and that placement was determined by the city in 1989.He is stating he has a hardship because his electric bill is very high in the summer months due to the sun hitting the entire west wall in the late afternoon.He would like someone to come out and look at his property as two fingers of Weekes Wash go through his property on the west and south sides which would prevent any road from being put in there,therefore creating no aesthetic problem with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 2 OF 32 the neighborhood or the house.It would get the heat off the back side of his house.The setback problem is caused because the planning department stated that the house had to be located on that setback at its present angle. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the appointment of George Hoffman as city manager and whether the city would receive a refund from the city manager search firm.He also commented that at the last meeting he was talking about the settlement with Robert Haywood regarding his discrimination suit.He believes the chances for an employee winning a discrimination suit are slim.He is also concerned about disability benefits being awarded to Mr.Haywood.He commented that when he came in with an applicant for a referendum recently,he was not necessarily a part of that referendum. Mr.Stan Jenkins,5232 E.Dolphin,Mesa,addressed the council regarding the passage of Ordinance No.1168 at the last meeting.He commented on the events leading up to its passage.He accused the council of being anti -business,of being silent to the property owners,and of giving misinformation to the public and the property owners.He requested that the 13 properties be removed from the ordinance. Councilmember Urich requested staff to check into the concerns expressed by Bill Miller. CITY MANAGER'S REPORT Interim City Manager George Hoffman commented he has wanted to have a purpose and make a difference with his life,and he believes he can do that here as city manager.He pledged to do his best for the council,the organization and community,and thanked the council for giving him this avenue of service.He commented that there will be an open house on Tuesday,December 10 at the chamber building to update the Downtown Alive Town Hall 2002.Staff will be attending to give a status report on the redevelopment project.He added Bryant Powell would be crosstraining in the city manager position for the December 17 meeting.He had asked Pat Brenner to approach Mr.Maynard of Meridian Manor to discuss the concept of the city providing mediation services between the residents of Meridian Manor and Mr.Clyde Barney.Pat Brenner advised Mr.Maynard appeared receptive to the concept.They will need to go through appropriate procurement procedures if the city goes through with it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 3 OF 32 Wal-Mart will be having an event this weekend in support of Animal Control. The Festival of Lights will be this Friday evening.The contractor has started on the traffic signal at Baseline and Ironwood;it will be a couple of months before i t is completed.Another contractor is working on Baseline across from the Public Works yard with street improvements associated with the Industrial Park.Some milling work is occurring in front of the post office to correct a problem with the asphalt mix there:the asphalt supplier is paying for the milling.Additional work is being done at the intersection of Ironwood and Superstition to correct a drainage issue.A contractor has begun to work on the box culvert at Tomahawk and Weekes Wash.He added that Arizona Department of Transportation crews are cleaning the medians of the freeway. They are removing most of the vegetation so that less trash will gather there. He believes this is a direct result of the work done by council with the Arizona Department of Transportation Board of Directors. PUBLIC HEARINGS FISCAL YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROPOSED PROJECTS )City Clerk Kathleen Connelly briefed the council on the item.She commented that council was faced with many choices for projects during the 2001 CDBG funding cycle.Council directed the Health and Human Services Commission to look at the projects in conjunction with the 2003 funding cycle.The commission is charged with conducting public hearings to determine the needs of city residents with regard to public health needs,provision of human services and care of the elderly,handicapped and developmentally disabled.They held several public hearings,hearing from individual agencies and individual citizens regarding the needs covered by this portion of the code.A commission member is present to give their recommendation.The commission cannot go into non -human service functions such as streets.Those areas are not within their scope of authority.The council can still consider those for part of the funding. Councilmember Durbala asked if the health and human services programs are budgeted out of the general fund. City Clerk Kathleen Connelly stated that is correct.The Health and Human Services Commission reviews and makes recommendations to the council for the annual budget cycle,which is done in the first part of the year. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 4 OF 32 Councilmember Eck commented he had thought it would be good to get recommendations from the Health and Human Services Commission for these projects,but he did not realize they would be limited to just those items.He has strong opinions that a lot of the revenues should go into other activities in the community.He wondered if he had created something that was wasting someone's time if they change the recommendations of the commission. Councilmember Durbala commented he does not think so.He believes it was a good idea to allow them to come to the council with some perspective. Councilmember Eck commented he believes i t is unfair because they are only given the projects they can spend money on. City Clerk Kathleen Connelly stated she believed they acted as a clearinghouse for that particular group of requests,narrowing 20 requests to 2 in that area. Grants Specialist Roger Hacker commented the phase the commission was involved in was to solicit ideas.They reviewed the ideas,discussed the criteria to be used to review the suggested projects,and staff will enter the information gathering phase after council's direction this evening to research the projects deemed appropriate.There were meetings with development services staff and with the department heads in addition to the commission's public hearings and meetings.He introduced Kathryn Stock of the Health and Human Services Commission. Ms.Kathryn Stock stated the commission recommended funding for the multi -generational center,for the housing rehabilitation program,and for the administrative fees.The multi- generational center was recommended because i t is consistent with the public services and facilities portion of the general plan that specifies facilitating senior center functions and the adoption of the capital improvement plan,plus the 2002 Strategic Planning Workshop Action Plan discusses the multi -generational center,and the Parks and Recreation Master Plan also discusses the complex.The center has no funds available for programmatic equipment and the crucial kitchen equipment.They recommended the housing rehabilitation program because discussions indicated there is an REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 5 OF 32 ongoing need for funds.The commission recommends that the funding be used for exterior improvements to homes and beautification of yards for the purpose of upgrading older homes in the neighborhood.They recommended the administrative fees as the CDBG process is very labor intensive for staff and the funds are needed to cover the cost of the part-time CDBG administrative assistant position.The administrative fees will also cover the technical assistance fees due to the Central Arizona Association for Government and grant administration uses the city supplies.They recommend beginning researching the feasibility of these projects for inclusion in the city's application and to have staff report back to the council at the January 20 and 21 meetings with the results of the research. Grants Specialist Roger Hacker commented he believed the overriding criteria used by the commission was i f there was an existing city planning document that mentioned any of the projects.They also wanted to get the most bang for their buck with the project. Councilmember Durbala commented he liked the idea of the multi -generational center,but he would like to see the remaining amount be put towards a stoplight at 16th and Idaho.The Arizona Department of Transportation pays for half of it,and he asked if CDBG funding could be used for the city's half. Grants Specialist Roger Hacker stated they would have to prove that any project such as a streetlight or street repair is done in a low and moderate income neighborhood. Councilmember Durbala commented i t would probably not qualify there. Grants Specialist Roger Hacker stated it would probably not. Councilmember Eck asked if there is a limit as to how many services could be funded.Last year they wanted to do four or five,but they only picked one or two. Grants Specialist Roger Hacker commented there is no regulation stating how many you can pick,but the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 6 OF 32 projects are so labor intensive that i t becomes unwieldy for staff to do anything more than one or two,possibly three projects. Councilmember Eck commented the sidewalk project south of Broadway on Cedar almost made i t as one of the projects last year.He would like to give all the money to the two recommended projects,but he would like to see some money go to projects such as the sidewalk on Cedar.He does not see when they would get a sidewalk i f they do not start using some of this grant money towards it. Vice Mayor Surra asked how much money had been allocated to the housing rehabilitation program last year.I t seems like this is less money than recommended last year. Grants Specialist Roger Hacker stated i t is a reduction from last year's allocation.He does not have the figures with him. Vice Mayor Surra recalled there was money that was left over that had not been applied for and it was shifted into other areas of housing rehabilitation.She is glad to see a smaller amount has been put in this year so that they are not taking money from another area that could really use it.She commented if they handle more than two or three projects and they are not finished in time,the funding will be lost.We would then lose out on that money entirely.The record keeping and administration required to do projects has been scary when they have had more than two or three.The Department of Commerce told them last time that i t is better to use this for large projects;i t is looked upon more favorably if it is used for a large project instead of several little ones that they think could be handled in other ways.She is glad to see that they are thinking of putting the funding into a project that is such a huge concern.She commented if they are going to reduce the funding in any area,they might want to do so in the multi -generational center rather than the housing rehabilitation program.They do need $70,000 for the kitchen,but they may be able to shift some of the other money into another project.She is concerned about the Department of Commerce looking at something so small that they would think i t could be handled in another way other than CDBG funds.She thought the sidewalk could come out of other funding;if it cannot,she needs to know that before she makes her decision. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 7 OF 32 City Engineer Ron Grittman stated the Cedar project is identical to what was done on Saguaro and Ocotillo.They had a number of section lines under construction last time so they could not get it done in the last go round.Those are all completed so this project would not be a problem to finish now. Vice Mayor Surra asked if it would happen anyway without the CDBG funds. City Engineer Ron Grittman stated i t would need to be funded by CDBG. Vice Mayor Surra asked if it would be coming out of the rehabilitation program. City Engineer Ron Grittman stated i t would. Vice Mayor Surra commented that i t will still happen. Councilmember Eck asked if the sidewalk on Cedar would be coming out of the existing housing rehabilitation funds. Vice Mayor Surra commented it would come out of the funding to be voted on this year. City Engineer Ron Grittman stated that is correct. Councilmember Eck commented he thought it would be coming out of something totally separate. Councilmember Urich commented the concentrated neighborhood revitalization of Old Town,Acacia and Windsong got 25 votes.She asked what kind of improvements they were talking about. Grants Specialist Roger Hacker commented he believed it was the exterior of the homes to increase the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 8 OF 32 appearance of the neighborhood.The commission discussed having the housing rehabilitation concentrated in one neighborhood but decided against it because they thought it was exclusionary of other citizens in the city and they wanted to make any exterior rehabilitation eligible for anybody in the city. Councilmember Urich asked if a funding amount had been discussed for that area. Grant Specialist Roger Hacker stated it was brought up by a staff member and that person did not give a recommended amount. Councilmember Urich commented she would hate to have i t fall through the cracks after i t received so many votes. Grant Specialist Roger Hacker commented Arizona is one of a handful of states that is really under close scrutiny by the federal government for our expenditure rate on our federal money.They would like the states to have no more than 150%of one year's allocation in the bank.Arizona has close to 250%,so they are monitoring this state.To help to alleviate the slowdowns that cause these projects to drag on,the state is going to be redoing its whole application process to make it easier and more friendly. Councilmember Eck asked if the $70,000 the vice mayor was talking about was for the multi -generational center. Vice Mayor Surra stated i t is for the kitchen. Councilmember Eck asked what the expense would be for the sidewalk on Cedar. City Engineer Ron Grittman stated he does not recall what i t is;he would prefer to check the numbers and get back to them. Councilmember Eck* commented he would like to know because these two may work if the numbers are okay. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 9 OF 32 Grants Specialist Roger Hacker reminded the council that their decision tonight does not lock them in to any specific projects;i t is direction to staff to bring back more information. Vice Mayor Surra asked if they could put smaller divisions under the heading of the housing rehabilitation program. She asked if they could also do that for the multi -generational center, allowing them to put some of any funding left over into other areas of the multi -generational center.She asked if the "senior"was the "hook"that gets them the money. Grants Specialist Roger Hacker stated they would have to get specific on what they are spending the money on and it would have to be for the senior center because seniors are an eligible category. Vice Mayor Surra commented they would have to change the amount if they only wanted to fund the kitchen. Grants Specialist Roger Hacker stated that is correct. Councilmember Dietz asked if they would have to itemize what they are doing in the housing rehabilitation program,as they have to for the senior center/multi-generational center, stating $70,000 for the kitchen.He asked if they would have to state $40,000 for the sidewalks on Cedar and $25.000 for whatever else;if it would have to be broken down. Grants Specialist Roger Hacker stated the housing rehabilitation would fall under the city's existing housing rehabilitation program and that is how it would be referenced.The Department of Housing already has that document so that could just be referenced.He does not believe the sidewalk project wouTd'fall. under housing rehabilitation,. it would be another area of neighborhood revitalization..He stated he would look into that.. .Vice Mayor Surra commented that i t would have to be broken out. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 10 OF 32 would then have to have a third project. stated that would be correct. weaken the grant. Councilmember Dietz stated they Grants Specialist Roger Hacker Vice Mayor Surra asked if that would Councilmember Dietz commented he thought it would be included in that;that is what Councilmember Eck had stated. Vice Mayor Surra stated she would take Roger's word for it;he is the grant expert. City Engineer Ron Grittman stated he had said the project is eligible for CDBG funds,but he did not know where i t would be classified. Councilmember Dietz asked if it would weaken the chances of approval if they added a third or fourth project. Councilmember Eck commented they will still get their grant,the question is the amount of funding needed for the sidewalks.Once they learn that,they can determine the funding for the other areas. Vice Mayor Surra commented they need to give direction to get those costs outlined for the council so they know how to allocate the money. Grants Specialist Roger Hacker commented it would not weaken the city's application but they would probably get an e-mail from the Department of Housing asking if they were sure the city wants to do this many projects.Th.py are pushing fewer is better,bigger is better. Vice Mayor Surra'commented since they wanted the sidewalk project completed before but i t had to be postponed, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 11 OF 32 then the possibility of losing the funding for it would be motivation for them to get it done. Grants Specialist Roger Hacker complimented the members of the commission for wading through all the information.He believes they enjoyed and appreciated the opportunity of meeting with the citizens and listening to the needs of the community.. Mayor Coleman opened the public hearing on the item. .Ms.Lisa Eden,9865 E.Windy Pass Trail,Gold Canyon,addressed the council.She works in the human services field in Apache Junction.She had presented the idea that the funds should go towards the development of a YMCA here.She has since learned that the East Valley YMCA will be including the Apache Junction area.They are already active in Apache Junction.She commented on the various programs available in the city.She requested funds be used to increase the current programs. Mr.Dan Taylor,Executive Director of Mesa Senior Services,thanked the council and city manager for their support of the multi -generational center.They are excited to be a part of that and for their forethought of providing some CDBG funding to provide some of the needed equipment for the center.They will lend their support and will be adding more staff and other things to make i t a fine place for this community. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He commented if the federal government is so concerned,they might want to get all of their financial matters right.He commented someone might write a few letters explaining what is going on in Apache Junction.He suggested if they aregoing to'rezone something in a community development block grant area,they may want to state on the agenda that this rezoning is in that type Of area.. Ms..Linda Freundlich,Executive Director of East Valley Habitat for Humanity,addressed the council to speak about her program.They have filed an application requesting funds to purchase land in the city to construct houses on.They are currently REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 12 OF 32 constructing a house at 570 S.Ocotillo for a single mom and her children. They have a sponsor lined up for the next city project and they have two pieces of property in mind.Most cities help them with their CDBG funding since they do not accept construction funds.They bring in taxpaying citizens for the help that is given their organization.She requested they be considered for funding. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he did not see the Habitat for Humanity as one of the items listed.Purchasing a lot would not fall under the existing rehabilitation program.There would have to be a separate line item. Grants Specialist Roger Hacker stated that would be a separate project different than support of the existing housing rehabilitation program. Councilmember Eck commented that is a shame because they have to condense it down and he would like to be able to purchase one lot for them for $20,000 or $30,000.I t seems like it would be a major asset for someone.They do not need to create any more line items. Vice Mayor Surra asked if they would be eligible for the regular health and human services budgeted items for the next budget cycle.That might be where they should put their application in since i t is for a smaller dollar amount. City Clerk Kathleen Connelly stated the total amount in the budget for health and human services funding is $80,000. Vice Mayor Surra commented that may be a focus that they can look at for health and human services. Councilmember Dietz asked what the deadline is for the applications for that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 13 OF 32 City Clerk Kathleen Connelly stated i t is January 31.She needs to contact her to get on the list. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTIONS REGARDING THE PROPOSED PROJECTS FOR FISCAL YEAR 2003 COMMUNTIY DEVELOPMENT BLOCK GRANT (CDBG):AND THAT IS TO COME BACK TO US TO GIVE US MORE INFORMATION REGARDING HOW MANY DOLLARS WOULD BE PULLED OUT OF ONE OR OTHER OF THE PROGRAMS,PROBABLY UNDER HOUSING REHABILITATION,BUT,NOT NECESSARILY SO,TO FUND THE SIDEWALK PROJECT IN THE CEDAR AREA WHICH PUBLIC WORKS HAS ALREADY PLANS FOR;AND TO MAKE SURE THAT ANY LAST MINUTE THINGS THAT COME UP THAT MAY HAVE SOME VALIDITY IN THE USE OF CDBG GRANT MONIES BE PRESENTED TO US IN A TIMELY FASHION SO WE CAN GET ENOUGH INFORMATION TO MAKE A DECISION IN TIME. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS PROPOSED ORDINANCE NO.1158,AMENDING APACHE JUNCTION CITY CODE BY ADDING ARTICLE 10-7 MOTORIZED SKATEBOARDS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 14 OF 32 )Department of Public Safety Director Robert Warner briefed the council on the item.This ordinance will regulate motorized skateboards.These came on the scene two years ago and the Arizona legislature changed some definitions in the statutes which defined these things well.but not as vehicles or motorized vehicles.I t precluded them from enforcement efforts as such.Traffic Sergeant Dick Virgil recognized the danger of these devices if operated improperly and that state law no longer effectively regulated them.He researched and contacted other cities to see what kind of ordinances they had in place and then drafted an ordinance for our city.He asked that they consider this ordinance for adoption as i t is a public safety issue.We have had some incidents that could have been more serious than they were.,The devices have been operated in some scary manners.He has seen some operators with gasoline tanks strapped to their backs,making them a human bomb should something happen. This ordinance deals with those things and sets minimum requirements, including safety equipment,and restricts them to roadways where the speed limit is 25 miles per hour or slower.Sergeant Virgil was present to answer any questions. Vice Mayor Surra commented on page 4 of 6 of the ordinance,letter F.it mentions keeping both hands upon the steering mechanism at all times.She asked if this ordinance is not for something that is commonly thought of as a skateboard but for those she would consider scooters. Department of Public Safety Director Robert Warner stated that is correct.They are called motorized skateboards. Vice Mayor Surra stated she was not aware that was the terminology used for them. Department of Public Safety Director Robert Warner stated that is what they are defined as under the Arizona Revised Statutes. Vice Mayor Surra stated that could be a problem for those kids that do not understand that that is what that means.She asked if they could put in the definition that i t has to have a handle.I t does not say anything about a handle or a steering mechanism.She added the police may know that it has a steering mechanism,but she questioned REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 15 OF 32 whether everyone else would know that it means those little scooters.The kids in her neighborhood call them scooters,not skateboards. Department of Public Safety Director Robert Warner stated they do not intend to make criminals out of the six and seven year olds out there.They will use this more for an educational tool, but if a person refuses to accept their explanation and urging to operate in a safe manner,i t provides them with a mechanism to force them to comply or respond to the judge as to why they will not. Vice Mayor Surra commented i t states they must be fourteen to ride them,so six and seven year olds are breaking the law if they are riding them. Department of Public Safety Director Robert Warner stated they would be once this is approved. Councilmember Eck stated he is concerned because he does see a lot of kids who have them that are ten years old.He asked if they would be able to operate them. Department of Public Safety Director Robert Warner stated they would not be able to operate them on the roadways or sidewalks. Councilmember Eck asked if the ordinance is complementary to other cities'ordinances. Sergeant Dick Virgil stated he used ordinances from the City of Phoenix and the City of Mesa.This ordinance is based on theirs,which are proven ordinances. CouncilmeMber Eck commented he had assumed so as one would pretty much have to since they .are.a year ahead of us. He would not like to have his son Come home and tell him that he can do things in Mesa that he cannot do over her... Sergeant Dick Virgil stated they cannot do i t in Mesa either,nor in Phoenix or Tempe.He commented the definition used is directly out of Title 28,the traffic laws of Arizona,and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 16 OF 32 in 2001 they defined motorized skateboards for the first time.That is the definition used.He commented the definition of a motor vehicle does not state i t has a steering wheel,nor does i t state that a motorcycle has handlebars.The definition is based on the same protocol that those are. Vice Mayor Surra commented they could maybe put something out in the paper for the education process and have pictures of the type of vehicle. .Sergeant Dick Virgil stated they are not going out with handcuffs and a trailer and'the kids up in a car and put the motorized skateboards in the tr iler.There is an educational process that takes place.If they do not want to take the first contact to heart,the ordinance gives them recourse to save them from themselves. Councilmember Dietz asked if there was a lot of publicity about this in the other cities about eight months ago or so. Sergeant Dick Virgil stated it was two to three years ago.The question that arose at that time was that these modes of transportation were not defined in Title 28.The cities initially made their own definitions.They regulated outside of Title 28,which you cannot do.That was the point of contention.When they fought the tickets under the city ordinance,the state would not recognize them and questioned the definition.Once the state defined them,that went away. Councilmember Dietz commented he imagined a lot of cities will now be jumping on the bandwagon. Sergeant Dick Virgil agreed,and stated there are a lot there now. Councilmember Milkey asked if they are used for transportation to and from school. Sergeant Dick Virgil stated he does not know if the rules prohibit the operation on school district property. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 17 OF 32 Councilmember Eck commented they park them at the bike rack and chain them in Mesa,but he does not know if they have to push them when they get within 50 feet of the school.They are not near a high access road. Councilmember Milkey stated he is concerned about restricting a mode of transportation that gets them to and from school. Sergeant Dick Virgil stated he does not know what the amount of usage is going to and from schools.He has not seen them on school property or heard of them being parked on school property. Vice Mayor Surra asked if this ordinance would prohibit them from being used on school property as long as they are following the rules. Department of Public Safety Director Robert Warner stated they would have to stay on streets with a speed limit of no more than 25 miles per hour. are allowed in the skate park. not. cities limit it to 14 years and older. Councilmember Urich asked if they Sergeant Dick Virgil stated they are Mayor Coleman asked if the other Sergeant Dick Virgil stated they do. Mayor Coleman asked if, they have a restriction of their only being allowed on Toads 25 miles per hour or less. helmet requirement. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 18 OF 32 Sergeant Dick. Virgil stated they do. Mayor Coleman asked if they have a requires bicycle riders to wear helmets. not. Sergeant Dick Virgil stated they do. Mayor Coleman asked if the city Sergeant Dick Virgil stated we do 'Mayor Coleman asked why we would require helmets for motorized skateboards and not bicycles. Sergeant_Dick Virgil stated a bicycle is recognized in Title 28 and there are statutes directly related to that in Title 28.The motorized skateboards, are recognized as motor vehicles. The bicycle is not a motor vehicle or even a vehicle.Bicyclists are not directed to wear a helmet in Title 28. are required to wear helmets. not. difference is. Mayor Coleman asked if motorcyclists Sergeant Dick Virgil stated they are Mayor Coleman asked what the Sergeant Dick Virgil stated if they are under 18 years of age,Arizona law requires the wearing of a helmet for a driver or a passenger.They are not required to be helmeted if they are 18 or over. There was general discussion about a public hearing on this item. City Attorney Joel Stern asked Sergeant Virgil to explain the safety hazards associated with motorized skateboards as to pedestrians and the riders. Sergeant Dick Virgil stated the main concern is that though they have been clearly defined in the traffic law, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 19 OF 32 there have been no attempts to regulate them.We have seen the gas tanks on their backs;they are using camel packs and running a line to the engine. They are running around with 2-3 gallons of gas on their backs.There is one in town capable of speeds in excess of 40 miles per hour.The wheels are 3" in diameter and 1"wide.The contact patch is 2";that is all that is holding them there.The propensity for these to go down is extreme,especially when maneuvering.They ramp over driveways,street entrances,handicap ramps and sidewalks.He saw a 12 year old boy with his 3 year old sister at 16th Avenue and Idaho going about 25 miles per hour with her sitting in front of him on the skateboard.That was the final straw for him.He is aware that helmets are not regulated for motorcyclists over the age of 18 or for bicyclists,but young children are out there riding these at 25 -30 miles per hour.The propensity for severe head injuries is extreme on these for thOse children. Councilmember Durbala commented people riding bicycles do not get up to 20-25 miles per hour running down the road versus the motorized skateboards.He is looking at the safety factor, and if a kid falls in front of you and you run him over,you,the adult,would have to suffer for the rest of your life.He does not think i t is a bad idea to regulate it.There are many cities that are regulating i t now and more that are looking at regulating it.I t is becoming a bigger and bigger problem.They are also starting to put bigger and bigger horsepower on these. They could be reaching 45 to 50 miles per hour going down the streets soon. Sergeant Dick Virgil stating they already have some doing that. Councilmember Durbala commented they need to start regulating i t and putting some kind of safety measures in place. Most parents buy their kids helmets for when they are riding their bicycles anyway.More ride with helmets and pads than ten years ago. Councilmember Milkey commented they should be buying helmets for their children riding the mOtorized skateboards as well. Councilmember Durbala stated they should be.The roads have a lot of ruts. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 20 OF 32 Councilmember Urich commented they are requiring anyone riding these to have on protective glasses or goggles or a transparent face shield.She asked if the other cities'ordinances also required them. Sergeant Dick Virgil stated they do. -Councilmember Urich commented i t does not include an age limit.Anyone .riding it must have one of them on. , Sergeant Dick Virgil stated that is correct,but the age is specified at 14.They are legally riding i t at 14, but to be legal,they must have the eye protection and the helmet. Councilmember Urich commented she has not seen any of them with eye protection. Mayor Coleman asked if it was the same in Mesa. Sergeant Dick Virgil stated i t is. They should have some type of eye protection,whether i t is prescription glasses,some type of safety glasses,a windshield particular to a motorcycle, or a face shield on the helmet. Councilmember Milkey stated he has mixed feelings on this ordinance.He would like some feedback and discussion' at the public hearing.He thanked them for their information. Sergeant Dick Virgil stated they can launch a platform from this just as they do for the bicycle rodeos and the helmet donations they hand out.They will have the platform to bring these kids into a training,educational and knowledge type environment and let them know that this is a steering wheel,why they have to wear a helmet,and why they need to stay off the higher speed limit streets. Mayor Coleman closed the discussion with no further comments and moved on to the next item. DISCUSSION ON ACCESSIBLE EQUIPMENT IN CITY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3.2002 PAGE 21 OF 32 PLAYGROUNDS •) )Councilmember Eck asked for this. to be put on the agenda because a resident requested it.She has a handicapped child and she saw something on the news where a lot of - municipalities are getting accessible playground equipment,such as swings and slides.He discussed it with Jeff Bell and asked him to provide some information to the council. Parks and Recreation Director Jeff Bell commented the Americans with Disabilities Act provides guidelines for the development of public playgrounds.There has been an update on accessibility for playgrounds in the last two years,which includes accessible routes, surfacing,ground level components and elevated components.Half of your components have to be accessible,which is higher than i t used to be.The new park,Superstition Shadows Park,will follow those guidelines.He hopes the . resident will be pleased with what is accomplished down there. Councilmember Eck asked if there will be something there if the child is wheelchair bound.He would like there to be at least one piece of equipment. Parks and Recreation Director Jeff• Bell stated they already have accessible equipment at Prospector Park,such as a raised sandbox.There are several other features they can incorporate. Councilmember Eck asked that he keep i t in mind in case something new came out,such as a swing. Parks and Recreation Director Jeff Bell stated the difficulty with swings is that there are a couple of different types.There are some where you can wheel the wheelchair onto the swing's platform,but i t is a dangerous piece of equipment when i t is not being used by a wheelchair.They might want to formulate a system wherein they would have to check i t out or schedule it:sq :they could meet them down there to hook the equipment up for their Use.There are swings with harnesses,also.Some of the equipment does not create the danger that a'swing does.' Councilmember Urich commented there• is an accessible playground at the National Institute of Health in Bethesda, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 22 OF 32 Maryland.They have a swinging bridge,a playhouse,and all sorts of different things.I t has been there for about 20 years. Vice Mayor Surra asked if everything being built by the city now is accomplishing the Americans with Disabilities Act requirements for accessibility. Parks ,and Recreation Director Jeff Bell stated that is correct. ,Vice Mayor Surra commented that any time they will be adding,redeveloping or renewing anything for a park,some of that will go towards accessibility for the disabled.She asked if this would be an ongoing program. Parks and Recreation Director Jeff Bell stated that is correct. Vice Mayor Surra asked if this will require the council to make any additional policies or expenditures of funding. Parks and Recreation Director Jeff Bell stated it will not. Mayor Coleman asked if they currently have accessible items at any of the other parks. Parks and Recreation Director Jeff Bell stated Prospector Park is the only playground that has accessible items, but there is funding this year to provide some accessible surfacing at Goldminer's Park to access the playground. Councilmember Urich commented some of the picnic tables are accessible there. Vice Mayor Surra suggested putting something on the website that would designate what areas are accessible and what accessible equipment they have.The list should be added to as new areas are developed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 23 OF 32 Parks and Recreation Director Jeff Bell stated that could easily be done.The have a listing of their parks and their amenities;they could add which ones are accessible. Councilmember Eck commented i f something new comes up in accessible equipment,he would like to see i t considered.It would be nice for wheelchair bound children to be able to do something. Councilmember Durbala commented the mayor will be going to the National League of Cities and Towns and they always have vendors there,including parks and recreational equipment. Mayor Coleman stated he would pick up any brochures.He closed the discussion with no further comments and moved on to the next item. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS APACHE JUNCTION MAIN STREET RECOMMENDATION FOR LAMP DESIGN STANDARDS IN DOWNTOWN REDEVELOPMENT AREA )City Clerk Kathleen Connelly briefed the council on the item.She commented there are pictures of the various lamp designs in their packets as well as the recommended design standard by Main Street design committee.If the council agrees with the recommendation of the committee and board,they may direct staff to proceed with the design in conjunction with the Downtown Redevelopment Area. recommended design. Surra agreed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 24 OF 32 Mayor coleman..stated he liked the Councilmember Eck and Vice Mayor Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING APACHE JUNCTION MAIN STREET PROGRAM RECOMMENDATIONS FOR LAMP DESIGN STANDARDS IN DOWNTOWN REDEVELOPMENT AREA: THAT TRUSTING IN THEIR GOOD TASTE AND THEIR UNDERSTANDING OF THE NEEDS FOR THAT AREA,THAT WE GO WITH THE RECOMMENDATIONS FROM THAT COMMITTEE AND THE ALTERNATES THAT THEY MIGHT USE IN OTHER PHASE'S. Councilmeinber Dietz SECONDED THE MOTION. •VOTE:Unanimous. The motion carried. MAIN STREET PROGRAM REQUEST TO REDUCE SPEED LIMIT ON APACHE TRAIL )Mayor Coleman commented he received a letter from Main Street Program requesting a reduction in the speed limit on Apache Trail and he would like to hear the council's ideas about it. Councilmember Eck commented he believes the long range goal will be for Apache Trail to slow down to eventually 35 miles per hour when i t is all developed.While it maybe good to talk about,he does not believe i t is necessary to change the speed limit now.He is concerned that you can speed up once you cross Meridian Road going eastbound.He believes i t should be an even speed limit,instead of going from 40 to 45 miles per hour. Councilmember Milkey stated it drops to 40 in Maricopa County. Mayor Coleman stated it then goes back up to 45. Councilmember Dietz stated it drops from 50 to 40 in Maricopa County before it comes into Apache Junction. to 40 in Maricopa County. back up to 45. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 25 OF 32 Councilmember Milkey.stated i t is a little speed trap there for Maricopa County. Mayor Coleman commented the letter points out that Idaho,Ironwood,Broadway and Superstition all have speed limits of 35 miles per hour,even coming off the freeway.That seems restrictive to him. Councilmember Eck agreed. Mayor Coleman added that is something they may want to take a look at in the other direction. Councilmember Milkey commented Ron Grittman had stated that actually raising the speed limit in some cases brings your median speed down.He suggested raising the speed limit on Apache Trail to 55 miles per hour and that would bring the others down. Vice Mayor Surra commented she wished that were true on the Trail,because the other day she was nearly killed because of someone trying to do 75 or 80 on Apache Trail.That worries her for people who are pulling in and out of the businesses.We are not giving them the option to get back into traffic because the speed limit is so high.She believes they must err on the side of what is good for the business district.The current speed limit is not good for the business district.She cannot encourage people to go down there and shop if they have to worry about taking their life in their hands.People use the Trail to get out and in;we want them to stay in that area.She would like to see the speed limit lowered.She is aware i t is not fully developed,but she wonders if people choose not to develop there because they worry about how high the speed limit is;they may not want their business located on. such a fast lane.She would like to hear why Main Street wants this lowered and What their people talked about.She asked if Arlene could talk to the council . Note approach the council. Mayor coleMap requested Arlene Van Ms.Arlene Van Note,chair of the Main Street Board,addressed the council.A committee worked on this and they suggested a lot of numbers.In a developed downtown,you would want 25 to 30 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 26 OF 32 miles per hour.That is their eventual goal.She would like to see the city take a step in that direction so that people will know they are serious about creating a downtown.The people who pay attention to a speed limit will slow down,the rest will not.She believes 35 miles per hour is their ideal number,but the council will make the determination on what the speed limit will be.She believes i t is important to make a step in that direction to let the committee know that the city is serious about making a viable business district here. :-.Councilmember Milkey commented he worries that if they reduce the speed limit down and remove the vehicular traffic from the Trail to the other arterials,the businesses will not get the exposure they want.He is concerned that may be a problem.He also asked i f they would have to do a traffic study to reduce' the speed limit. City Engineer Ron Grittman stated a traffic study would not be required to lower the speed limit.A traffic study is used to set a maximum speed limit.There is nothing to preclude the council from lowering the speed limit. Councilmember Milkey asked if there would be safety concerns with lowering the speed limit. City Engineer Ron Grittman commented in other areas where you have congestion along major roadways such as Apache Trail,lowering the speed limit does increase the frustration of the drivers as it takes longer to get from point A to point B.Broadway and Superstition have lower speed limits and the congestion is much lower than on Apache Trail. People will start to migrate towards those streets because they are going tp locations that those roads will allow them to get to simply because the congestion is lower. Councilmember Urich commented it was hard for her to locate addresses on Apache Trail when she first moved here because of the speed.It was also hard to believe that the oncoming traffic when trying to pull out of parking lots was going at 45 miles per hour. Councilmember Durbala commented they discussed four or five years ago,when first talking about making this a downtown retail area,the possibility of making Broadway and Superstition 5- REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 27 OF 32 lane roads.They were supposed to take most of the through traffic so that the speed limit on Apache Trail could be reduced to try and increase the business.That was the intent at that time:to develop the downtown area. Traffic flowing at 45 miles per hour does not attract business unless they have a turn lane that allows them to slow down.If they want to develop business and keep more people downtown,then they need to reduce the speed. Broadway is supposed go back to Old West Highway.He thinks they need to look at the businesses on the Trail and survey the businesses to see if they want the lower speed limit. Main Street is supposed to have done. Vice Mayor Surra stated that is what Councilmember Durbala commented some of the people up here think that i t has not been effective.He would like to hear i t from some of the business owners so that the council could understand that.He would like to see i t reduced. Councilmember Eck asked what the top speed is on Apache Trail. City Engineer Ron Grittman stated i t is 45 miles per hour on Apache Trail between Idaho and Meridian.It goes up to 55 miles per hour east of Idaho. Councilmember Eck stated they need to concentrate between Idaho and Meridian.He suggested they compromise on the speed limit and drop it 5 miles per hour to 40.It would be a start in the right direction.He believes 35 is too low at this time. There was general discussion by the council on the speed limit being lowered to 40 miles per hour.The council reached a consensus on that speed limit. 'Vice Mayor. Surra commented i t is her *understanding that Main Street did do a survey of the business owners and that this request is a culmination of that survey.She believes they do have the recommended speed from the business owners.If they say 35,she would like to give them 35 miles per hour.She does not think dropping it to 40 will make any difference.If they continue to see a "4"up there,they will still do 45 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 28 OF 32 to 50:if they see a "3",they will think something'has changed.She would like to see i t at 35. Mayor Coleman and Councilmember Eck disagreed. Councilmember Eck commented he was trying to think of a compromise so 40 would be.the center. Mayor Coleman agreed with Councilmember Eck. •Vice Mayor Surra commented she would go along with lowering it to 40 rather than see i t fail to be lowered.She will probably bring it back before June to attempt to bring it down to 35, thereby lowering i t in increments of 5.They can see how it is looking and get more input from the business owners.She thinks the business people know best regarding this issue and she would prefer to go with what they want. CouncilmemberDurbala commented all of the cross streets are at 35;it may as well be dropped down to 35 looking at i t from that point.He agreed with the vice mayor,but he will agree to 40 at this time.He suggested lowering the speed limit on the other roads by 5 miles per hour. Vice Mayor Surra stated 35 miles per hour is reasonable on the other streets. Councilmember Eck commented he would like to see i t at 40 on Broadway and Superstition. Vice Mayor Surra agreed. Councilmember Durbala suggested Idaho and Ironwood. A number of the councilmembers agreed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 29 OF 32 City Engineer Ron Grittman stated they could direct staff to do a speed study on all of those roads such as Broadway,Idaho,Superstition and others. Vice Mayor Surra commented they would know more about traffic flow once the speed limit is lowered on the Trail. Mayor Coleman commented he would like to see a speed study on the other streets because he believes they are too slow. Vice Mayor Surra agreed.She would like to see i t done after the speed on the Trail is reduced so they would know what the real flow of traffic will be. Councilmember Durbala commented i f they are all at 35,they would know what the flow would be. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING APACHE JUNCTION MAIN STREET PROGRAM REQUEST TO REDUCE SPEED LIMIT ON APACHE TRAIL:BETWEEN IDAHO AND MERIDIAN ROADS,NOT TO EXCEED 40 MILES PER HOUR,EAST AND WESTBOUND LANES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 16,2002,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY,AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 30 OF 32 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 17,2002, IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Eck congratulated the new city manager,George Hoffman. Mayor Coleman announced he will be going to the National League of Cities Conference.He will be leaving tomorrow for Salt Lake City and i t is being paid for by the state League. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:02 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 19,2002. 3.Consideration of proposed Employment Agreement with City Manager George Hoffman. ACCEPTED THIS 17TH DAY OF DECEMBER ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF DECEMBER ,2002. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 31 OF 32 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COVEMAN 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 3rd day of December,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of December,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3,2002 PAGE 32 OF 32