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HomeMy WebLinkAbout2001-03-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 6,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 6,2001,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Dietz Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 1 OF 22 Others Present:Grants Specialist Roger Hacker Development Services Manager John Petroff Management Assistant Shari Watson Assistant to the City Manager Bryant Powell ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM 18 WHICH WAS A REQUEST FROM COUNCILMEMBER URICH THAT WE WITHDRAW IT AT THIS TIME;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:CODE COMPLIANCE OFFICER MARTHA BROWN FOR HER ASSISTANCE WITH A RESIDENT RECEIVING A LETTER OF NOTIFICATION;AND THAT THE RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR ENDED JUNE 30,2000,BE ACKNOWLEDGED;AND THAT THE AWARD OF BID FOR PROJECT PW-2001-03,TWO FLATBED BODIES,BE AWARDED TO AUTO SAFETY HOUSE IN THE AMOUNT OF $12,090.02;AND THAT APPROVAL BE GIVEN OF SETTLEMENT OF RICE V.CITY OF APACHE JUNCTION,PINAL COUNTY SUPERIOR COURT CASE NO.CV 99-20376,WITH THE CITY RESPONSIBLE FOR THE $10,000 DEDUCTIBLE AND SOUTHWEST RISK SERVICES RESPONSIBLE FOR THE REMAINING AMOUNT OF $135,000;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY'S LITIGATION ATTORNEY TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE SETTLEMENT;AND THAT APPROVAL BE GIVEN FOR THE CITY COUNCIL TO JOIN IN AN AMICUS BRIEF FOR THE PETITION TO REVIEW TO THE ARIZONA SUPREME COURT IN KZPZ BROADCASTING INC.V. BLACK CANYON CITY CONCERNED CITIZENS;AND THAT THE AWARD OF BID FOR PROJECT PW-2000-26,INFRASTRUCTURE MASTER PLANNING, BE AWARDED TO KIMLEY HORN IN THE AMOUNT OF $12,400 FOR A SURVEY AND PHASE I ENVIRONMENTAL SERVICES PLUS AN ADDITIONAL 10%IN THE AMOUNT OF $1,240 AS A CONTINGENCY FEE FOR A TOTAL AMOUNT NOT TO EXCEED $13.640;AND THAT APPROVAL BE GIVEN TO REJECT ALL BIDS FOR PROJECT PW-2001-02,IMPOUND YARD IMPROVEMENTS,DUE TO INSUFFICIENT COMPETITION. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 2 OF 22 VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms.Melba Kuntzelman,1920 S.Plaza #33,Apache Junction,addressed the council regarding weed control.There are weeds at tree height in their neighborhood.They almost obstruct a stop sign at 20th Avenue and Plaza. There is a half block of vacant land on 20th Avenue between Monterrey and Plaza that is overgrown with weeds.Martha Brown has sent letters trying to get the owners to clean up the area,but there has been no compliance.She was told the city attorney is reluctant to pursue the weeding cases.She commented there should not be a law if the city is not going to enforce it. Another problem exists at a rental duplex at 18th Avenue and Plaza on the northwest corner.There are six vehicles parked in front,four vehicles parked in back and a semi -truck parked on the side.She believes something else is going on there besides rentals.She would like to see the code compliance laws enforced. Ms.Lois Potts,481 S.Olmo Circle,Apache Junction,addressed the council regarding the emergency crash gate at the Crossroads Apartments.I t is open all the time.The gate is supposed to be open for fire emergencies only. Apparently there is a school bus problem.The bus cannot make the turn with the gate closed.The bus driver requested that the gate be opened.Her subdivision argued that the gate is open all the time.The apartment manager stated she would open i t and close it.However,she opens i t early in the morning and closes i t at night,five days a week.She requested the city do something about it. Mr.Ray Frazier,400 N.Plaza Drive #127,Apache Junction,addressed the council regarding the loud bass music coming from Los Vaqueros on Thursday through Sunday from 8:30 p.m.to 1:30 a.m.I t is like a sonic boom.He and his wife cannot get any sleep.His wife has had triple bypass surgery and needs her rest. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 3 OF 22 Mr.Jacob Hayduk,1825 N.Vista Road,Apache Junction,addressed the council regarding giving more power to code compliance.They act on complaints,but they are powerless to do anything.He suggested giving them some authority to do something. CITY MANAGER'S REPORT City Manager Curtis Shook commented the official groundbreaking for Earnhardt Ford took place this evening at Tomahawk and Baseline.They should be done building within 7 months.Beginning with the next meeting and continuing once a month staff will be giving council an update on the streets and roads program;21 of the 32 projects on the list have been accomplished.He added the legislature is in session and i t looks like they will be leaving cities and towns pretty much alone this session.The annual legislation on school development fees has received some interest,other cities and the league are now starting to lobby it,but i t is still difficult to get i t heard in some of the committees.The city is lobbying attempting to secure an emissions testing station in the city and they are working with the contracting consultant in trying to get one located here.The media and the public have written a great number of letters to our representatives and i t is having an effect.He commented the city received a letter from the Federal Aviation Authority in the past couple weeks confirming their intention to continue the Dry Heat departure procedure.The city is still trying to get the flight pattern moved further north or further south of the city. PUBLIC HEARINGS APPLICATION FOR A LOCATION TRANSFER, SERIES 7 LIQUOR LICENSE FOR PIZZA HUT ) )City Clerk Kathleen Connelly briefed the council on the item.This is for a location transfer for the Pizza Hut that was previously located on Apache Trail.It will be located on Phelps Drive.Staff and fire district reports are in packet and the applicant was notified to be present. Mayor Coleman requested the applicant address the council. Mr.Doug Kreie,Payson,Arizona, agent and partner in the Pizza Hut franchise addressed the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 4 OF 22 Councilmember Eck asked when they planned on building. Mr,Doug Kreie stated they hope to start within the next week. 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. Vice Mayor Surra commented i t is nice to see one of the businesses expand and move into a new building.She MOVED THAT THE APPLICATION FOR A LOCATION TRANSFER,SERIES 7 LIQUOR LICENSE SUBMITTED BY DOUGLAS E.KREIE,SR.FOR PIZZA HUT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE FOR DASH IN )City Clerk Kathleen Connelly briefed the council on the item.There is a new owner so this will be a new license.There are reports from the fire district and staff members in the packet and the applicant has been requested to be present. Mayor Coleman requested the applicant address the council. Mr.Donald Osberg,Jr.,addressed the council.He is purchasing the Dash In. Vice Mayor Surra asked if he had any amendments to his application reference his infringements of law. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 5 OF 22 Mr.Donald Osberg stated there are no amendments;i t is all correct. 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 council discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY DONALD C.OSBERG FOR DASH IN BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:5-2 (Vice Mayor Surra and Councilmember Urich voted in opposition.) The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SUPERSTITION SKIES BAR AND GRILL FOR MARCH 17,2001 )City Clerk Kathleen Connelly briefed the council on the item.This is for a special event and no objections have been raised by staff.The applicant has been asked to be present. Mayor Coleman requested the applicant address the council. Ms.Lisa Welch,owner of Superstition Skies Bar and Grill,addressed the council.She brought some pictures in to show that the area is completely fenced in.The occasion is their one-year anniversary. Councilmember Eck asked i f i t is fenced in and not roped in. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 6 OF 22 Ms.Lisa Welch stated there is a barbed wire fence around the outside along with some bushes. Councilmember Eck commented an individual could not cross through if they tried. Ms.Lisa Welch commented they would get hurt if they tried it. Councilmember Urich stated she had checked the area and i t is definitely fenced in with barbed wire on the top. There is a lot of brush plus a deep wash around most of the area. Vice Mayor Surra asked if the fence is in compliance with city regulations. City Clerk Kathleen Connelly stated barbed wire is not legal in the city. Development Services Director Glen Van Nimwegen commented he guessed the wire was put in before the ordinance went into effect. Ms.Lisa Welch stated it was there before she got the business. Vice Mayor Surra commented she believed the ordinance has been in effect for a long time but she sees no reason to prohibit the temporary extension of premises.She may want to do something about the barbed wire,though. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT THE TEMPORARY EXTENSION OF PREMISES FOR SUPERSTITION SKIES BAR & GRILL SUBMITTED BY LISA WELCH BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 7 OF 22 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS PROPOSED RESOLUTION NO.01-03,APPLICATION FOR STATE HOUSING FUNDS (HOME GRANT) )Development Services Manager John Petroff briefed the council on the item.This is for another application for a grant of approximately $100,000.The city applied last year and received the money,putting it towards five site -built rehabilitated houses for the elderly and families with children under the age of eighteen.These will be set up the same way.There is no guarantee the city will get the grant.The pool of money is $514,000 for Pima,Pinal and Gila Counties. Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked if they would be using the same criteria as last time. Development Services Manager John Petroff stated that is correct. Vice Mayor Surra commented it was a great project last year and she could not see how they could turn him down. Mayor Coleman closed the item with no further discussion and called for a motion. be using the same criteria as last time. Petroff stated that is correct. Councilmember Urich MOVED THAT RESOLUTION NO.01-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 8 OF 22 OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS CERTIFYING THAT SAID APPLICATION(S)MEET(S)THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS:AUTHORIZING THE MAYOR TO EXECUTE ALL REQUIRED DOCUMENTS IN FURTHERANCE OF THE SUBMITTAL PROCESS:AUTHORIZING STAFF TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE SUBMITTAL PROCESS:AND CONFIRMATION THAT CITY SHALL BE IN COMPLIANCE WITH ALL LAWS,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION AND SELECTION OF PROJECTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT )Grants Specialist Roger Hacker briefed the council on this item.He stated the city will be getting $281,844 in Community Development Block Grant funds.The city is allowed to charge up to 19%for administration of the grants.This could be used to reimburse the city for his salary and Mr.Petroff's salary or any kind of administration, which amounts to $53,550.The city has to set aside $3,000 to pay Central Arizona Association of Governments to review the application,process i t and send i t on to the Department of Commerce.This leaves $225,294 for the projects.The city does not have to charge the administration fee.The city did not recoup the costs last time.He listed the projects that have been discussed and asked for any questions. Councilmember Urich asked where the funding went from two years ago,which is when the city was in partnership with Payson. Grants Specialist Roger Hacker stated it was used for street projects. Councilmember Urich asked what the total amount was. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 9 OF 22 stated he believed it was $248,000. whole amount was used for streets. stated it was. Grants Specialist Roger Hacker Councilmember Urich asked if the Grants Specialist Roger Hacker Mayor Coleman commented he is looking for direction on how to divide the money up. Grants Specialist Roger Hacker stated he needs direction on which projects to go ahead with. Councilmember Urich commented she would like to see some of the other projects have financing other than streets.If streets were left out,all of the other projects,other than the Habitat for Humanity project,could be funded in total. Vice Mayor Surra stated she believes infrastructure is an ongoing and important part of the public works department.She thinks they should always allocate some of these funds to that area.She would like to reduce the street project to $120,000 or $125,000 and then allocate $25,000 for the food bank,$30,000 for city rehabilitation,$15,000 or so for Habitat for Humanity,$10,000 for Central Arizona Human Resources Agency,$12,000 for ABIL and $12.000 for the Central Arizona Human Resources Agency relocation.The city has not been able to monitor some of these programs or see their results since they are new.This would get their feet wet and allow the city to monitor them for future funding.They all stated they would be able to raise additional funding with the seed money provided by the city. There was general discussion on her recommendations. Vice Mayor Surra commented i t is important to account for the administrative costs or it will come out of operations. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 10 OF 22 Councilmember Dietz commented he believed staff was hired to take care of that for the city. Vice Mayor Surra stated there are multiple duties that come with that.The idea of having a grant writer was to have some grants that would pay for the grant writer. Councilmember Durbala commented he understood from last night that the city could get by with using some if the general fund to cover the remaining cost of that. City Manager Curtis Shook stated that is correct. Councilmember Durbala commented the food bank money was for infrastructure only,not for buying food. Vice Mayor Surra commented i t is for expansion of the food bank. Councilmember Durbala stated the food bank and two of the others come back for additional funding from the city.He thinks the biggest chunk should come for infrastructure.-He agrees with the funding recommended by the vice mayor. Councilmember Eck asked what was planned for in the budget payroll for the grant writer position as he would like to be able to use all the funds.He would like to give everyone 50% of what they asked for,which would equal about $274,000. City Manager Curtis Shook stated one allure of having a full time grant writer is in having the position bring in additional monies to the city.I t is a council decision as to how the administrative monies should be spent.If council follows Councilmember Eck's suggestion,the remaining funds could be used towards administration. Councilmember Eck asked where the money would go if the 19%is retained. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 11 OF 22 City Manager Curtis Shook stated he would like to see the city use as much of the money as i t can.The streets that were improved last time put new energy into the neighborhood and i t has been uplifted and renovated.Sidewalks and five streets were put in.I t benefits because i t fits the category for these types of grants,as do the other projects.He would like to see as much of the money as possible go to this. Councilmember Eck stated he would like to spend the additional money. Councilmember Dietz agreed that i t should be split 50%across the board. Vice Mayor Surra commented she has no problem using the full funding and giving 50% to each of the applicants. She would like to see the $3,000 set aside for the application process and have the remaining funds be given to public works for the street project. Councilmember Urich commented there are grants available for street projects.There are no grants for some of the others,like the home accessibility program.This is the only money they could get within Apache Junction.She has received numerous calls from people asking for help on this and there is no one to refer them to as there is no money out there for them.In addition,the two Central Arizona Human Resources Agency programs are emergency programs for repair and relocation. She would like to see the city meet the needs of people having emergencies. The food bank wants to expand and they are using volunteers;they have no more room and they want to serve more people.She would like to see more money going to the food bank. Vice Mayor Surra stated all of the applicants and their programs are worthy.Some of these programs are not proven and that is why she would like to give them seed money.She commented the street project is not a normal street project;i t renovates neighborhoods, which is essential.This project needs to continue. Mayor Coleman commented the street project has been identified as a priority because of the neighborhood flooding REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 12 OF 22 in the area.This will help to curb that;i t is important that this project be met also. Councilmember Eck agreed with Vice Mayor Surra.He added they are all equal priorities.He gets a lot of phone calls regarding the city streets and this is only a small part of the program to improve them. Councilmember Insalaco commented he believes the food bank needs as much money as they can receive.He would rather see more than 50% go to the food bank.They do need money in the street project,but he would like to see most of that money go to the others. He would like to see $70,000 to $80,000 go to the street project,but not over $100,000. Councilmember Durbala stated most grants that are written seldom give seed money to build the infrastructure. The funding for the food bank will be money to help build the building.I t is not for food.Giving them half of what they are asking for is quite a bit of funding.He wants to see money go to the street projects,but he agrees the others should get half of the money they asked for and make i t an equal cut for all of them. There was general discussion about appointing a board in two years to consider these projects as i t is difficult for just the council to make the determination.It was further suggested that the Health and Human Services Commission be given the responsibility to make recommendations.They are familiar with many of the applicants. Councilmember Urich asked when the grant request application was due. Grants Specialist Roger Hacker stated the application is due by May 15.He needs to have display ads in the newspapers next week in order to meet the public review process. Councilmember Urich asked if the time frame would allow for the Health and Human Services Commission to give any recommendations this year. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 13 OF 22 Councilmember Dietz commented that the time limit is too short. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING PROJECTS BE PREPARED FOR SUBMISSION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT:$130,000 FOR THE STREET PROJECTS;$43,000 FOR THE FOOD BANK; $30,000 FOR CITY REHAB:$25.000 FOR HABITAT;$17,000 FOR CAHRA REHAB;$16,000 FOR ABIL ACCESSIBILITY;AND $13,000 FOR CAHRA RELOCATION;AND THE REMAINING $10,427 BE PUT INTO OUR ADMINISTRATIVE ACCOUNT;AND THE $3,000 TAAP BE SET ASIDE. Councilmember Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. minute break. Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS CITY ORDINANCE REQUIRING IDENTIFICATION OF 3"OR LARGER BACK FLOW ASSEMBLIES )Councilmember Eck commented he would like to have a way of enforcing having the 3"or larger back flow assemblies painted.He would like to have staff determine whether this would take an ordinance or some other means to enforce this. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 14 OF 22 City Manager Curtis Shook stated staff is looking into this;they have some ordinances they are currently looking at.Staff would like the time to research this and bring i t back to council to advise what is needed.If an ordinance is needed,they will bring i t back at a work session with council consideration at a later meeting.I f i t is administrative,they will create the administrative rule that enacts it. Councilmember Durbala commented he hoped they would do something with the one in front of the police department. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING A CITY ORDINANCE REQUIRING IDENTIFICAITON OF 3 -OR LARGER BACK FLOW ASSEMBLIES:THAT STAFF RESEARCH THE ABOVE MENTIONED AND COME BACK TO US WITH APPROPRIATE TIMING WITH THE STAFF RECOMMENDATION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CITY REQUIREMENTS FOR MASSAGE THERAPISTS ) )Councilmember Eck commented he would like staff to look at the state requirements and the requirements of nearby east valley communities.He has had three calls over the past year that stated that Apache Junction requires more hours of training than the nearby communities and the state.That is his concern. Vice Mayor Surra asked if the city is allowed to go with less certification or licensing than what the state statute describes. City Attorney Joel Stern stated the city cannot go less than or i t is preempted.There are times where i t is stated cities cannot add anything to the statute requirements.Under this REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 15 OF 22 certification,the city can add to it but it cannot be less than the state requirements. Vice Mayor Surra was concerned there may be new classifications of therapies and massage techniques that are offered that may not require the same degree of depth in certification.She would like that researched. City Clerk Kathleen Connelly asked i f it was something that would still have to be recognized. Vice Mayor Surra stated that i t would.She would not want someone coming in and starting their own technique. There are health risks if they do not know what they are doing.The city needs to look at every perspective to make sure i t is allowing for everything that is legal. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING CITY REQUIREMENTS FOR MASSAGE THERAPISTS:SEE WHAT THE STATE REQUIREMENT IS AND SEE IF THERE HAVE BEEN ANY REVISIONS AND MAKE SURE THAT THE CITY OF APACHE JUNCTION MEETS THE STATE MINIMUM REQUIREMENTS FOR MASSAGE THERAPISTS. Vice Mayor Surra commented they should come across the other types of classifications that are out there when they do this research. City Clerk Kathleenn Connelly asked if he wanted to include other cities. Councilmember Eck continued with I WOULD LIKE TO SEE AT LEAST 2 OTHER EAST VALLY COMMUNITIES RESEARCHED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 16 OF 22 The motion carried. REVIEW AND DISCUSSION OF POSSIBLE LOCATION OF A SECOND WIRELESS COMMUNICATION TOWER AT MUNICIPAL CAMPUS )Development Services Director Glen Van Nimwegen briefed the council on the item.Ordinance Number 985 has the intent of congregating cellular towers and communication equipment on publicly owned and upgraded parcels in the city.They can go to a privately owned site through a conditional use permit.The applicant has a very small service area covering a quarter mile radius and the tower being placed at Public Works would not help the applicant.They have talked to the post office and the county complex,in addition to Four Peaks Elementary School. The school district had a pending agreement with them but i t has been withdrawn.Staff has identified three general locations that would meet the requirements.One is by the library:another is between Finance and Human Resources,outside the city manager's office;and the third is near the police department.The third site may not be able to have as many users as the other two and it would therefore have a reduction in revenue.He asked if they wanted to look at another tower on the site and if they wanted to direct staff to negotiate and determine the site. Councilmember Dietz asked why they need to be within the quarter mile radius. Development Services Director Glen Van Nimwegen stated they have identified the area as one where they lose calls;the calls drop off the line. Councilmember Dietz asked i f Prospector Park would be possible. Development Services Director Glen Van Nimwegen stated i t is too far away.They could put a tower there in the future. City Manager Curtis Shook stated the Bureau of Land Management will not approve a tower at Prospector Park. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 17 OF 22 Councilmember Dietz commented he does not like the sites with the way things look in the future for the city. City Manager Curtis Shook commented they are concerned that these do not have to go on public property.They can go on private property,which could cause a proliferation of them.The county and the post office may not want them,and they are aware of two commercial businesses that have said they would take them. The consensus of the council was that they would not want to see a proliferation of them,especially around residential areas. City Manager Curtis Shook stated those businesses border residential areas. There was general discussion by the council as to which option would be best.The consensus was Option B. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING POSSIBLE LOCATION OF A SECOND WIRELESS COMMUNICATION TOWER AT MUNICIPAL CAMPUS:AND THAT IS THAT THEY WOULD PURSUE SITE B LOCATION AND ANY NEGOTIATIONS FOR THE SECOND WIRELESS COMMUNICATION TOWER WITH CRICKET COMMUNICATIONS. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented Item 18 was removed with the consent agenda. DIRECTION TO STAFF REGARDING USE OF SOLAR POWER AND/OR OTHER ENERGY SAVING DEVICES REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 18 OF 22 IN CONJUNCTION WITH CAPITAL FACILITIES PLAN PROJECTS )Councilmember Urich commented this has come up at some of the neighborhood programs and other places. Mayor Coleman asked if this is to insure that the city pursues energy saving devices in the construction of the capital facilities plan. Councilmember Urich stated that is correct. Vice Mayor Surra commented that would be when the city puts things out to the architects for design. Assistant Manager George Hoffman stated there are some projects that are fairly well along so he requested this apply to future projects. Vice Mayor Surra commented it would have to or the city would need to use change orders which would use up the contingency fund.They do not want to do that. Councilmember Eck commented some of this may have been done already. Assistant City Manager George Hoffman commented they did do some exploratory work regarding this for the projects already started. Councilmember Dietz commented i t is a wonderful idea and i t should be utilized as much as possible. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT REQUESTS FOR PROPOSALS FOR CAPITAL FACILITIES PLAN PROJECTS INCLUDE A REQUIREMENT THAT THE DESIGNS CONTAIN ANY POSSIBLE COST EFFECTIVE SOLAR POWERED AND/OR OTHER ENERGY -SAVING DEVICES. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 19 OF 22 There was general discussion over the word -requirement"in the motion. Assistant City Manager George Hoffman commented this is a new process under state law.The city will probably request qualifications for an architect,negotiate,and then work with the project itself.They could have a component in the request for qualifications asking how they would do the things requested by Councilmember Urich. City Manager Curtis Shook commented they could also ask what experience they have in doing these things. 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 WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 19,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 20,2001, IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR. MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 20 OF 22 Mayor Coleman reminded everyone there is a municipal election next Tuesday for three council seats,the mayoral seat,and home rule.He urged everyone to exercise their right to vote. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:33 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 20,2001. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Martha Brown. 4.Acknowledge Receipt of Comprehensive Annual Financial Report for the City of Apache Junction for fiscal year ended June 30,2000. 5.Award of Bid for Project No.PW 2001-03,Two Flatbed Bodies,to Auto Safety House in the amount of $12,090.02. 6.Approval of Settlement of Rice v.City of Apache Junction,Pinal County Superior Court Case No.CV 99-20376,and authorization for staff's representatives to execute any and all documents to effectuate the settlement.(The City is responsible for the deductible of $10,000,and Southwest Risk Services,the City's Insurance Risk Pool,will pay the remaining $135,000.) 7.Approval of City Council to join in an amicus brief for the petition to review to the Arizona Supreme Court in KZPZ Broadcasting Inc.v.Black Canyon City Concerned Citizens. 8.Award of Bid for Project PW 2000-26 for Infrastructure Master Planning to Kimley Horn in an amount of $12,400 for survey and Phase I environmental services plus 10% contingency fee not to exceed a total amount of $13,640. 9.Approval to reject bid for Project #PW 2001-02,PD Impound Yard Improvements. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 21 OF 22 KATHLEEN CONNELLY City Clerk ACCEPTED THIS 20TH DAY OF MARCH ,2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH ,2001. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS CWAN 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 6th day of March,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of March,2001. REGULAR MEETING OF THE CITY COUNCIL MARCH 6,2001 PAGE 22 OF 22