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HomeMy WebLinkAbout2000-02-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 15,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 15,2000;at the. Apache Junction City Council Chambers pursuant to the notice required by -law. CALL TO ORDER Mayor Coleman called the meetinTto order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the. Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager. Curtis Shook Asst.City Manager George Hoffman. City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Varner Public Works Director Doug Dobson Development Services Director Glen Van. Nimwegen REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 1 OF 31 Others Present:Public Works Superintendent Peter Plante Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:RECREATION COORDINATOR JAY REYNOLDS;AND THE POLICE DEPARTMENT;AND THAT THE AWARD OF BID FOR PROJECT LIB 00-01,DYNIX AUTOMATION SYSTEM MAINTENANCE SERVICES,BE AWARDED TO EPIXTECH,INC.IN THE TOTAL AMOUNT OF $14,389.28;AND THAT THE AWARD OF BID FOR THE PURCHASE OF TACTICAL BODY ARMOR BE AWARDED TO ARIZONA TACTICAL INCORPORATED IN A TOTAL AMOUNT OF $17,946.75;AND THAT THE AWARD OF BID FOR THE PURCHASE OF AN AERIAL LIFT TRUCK THROUGH A CITY OF TEMPE CONTRACT BE AWARDED TO TEAGUE EQUIPMENT COMPANY IN THE TOTAL AMOUNT OF $68,705.27;AND THAT APPROVAL BE GIVEN FOR THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR USE OF THE BUILDING AT 112 EAST 2ND AVENUE AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION MAIN STREET PROGRAM,INC.FOR THE USE OF THE BUILDING AT 112 EAST 2ND AVENUE AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR AMENDMENT NO.1 TO PREANNEXATION AND ECONOMIC DEVELOPMENT AGREEMENT WITH EARNHARDT PROPERTIES LIMITED PARTNERSHIP DATED AUGUST 19,1999,TO PROVIDE THE CITY MORE TIME TO CONSTRUCT THE REQUIRED ROAD IMPROVEMENTS AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT TO THE AGREEMENT;AND THAT RESOLUTION NO.00-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF PAYSON TO ESTABLISH A PARTNERING ARRANGEMENT FOR APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANTS,BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS FOR THE CELL TOWER LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND AT&T FOR THE CELL TOWER LOCATED AT 1001 NORTH IDAHO ROAD;AND THAT RESOLUTION NO.00-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING SUPPORT FOR STATE INITIATED MEASURES TO PROTECT RESIDENTS IN MOBILE AND MANUFACTURED HOME AND RECREATIONAL VEHICLE PARKS FROM UNREASONABLE RENT INCREASES,AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 2 OF 31 VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mr.Leo Huppert,Director of Development for Williams Gateway Airport gave a presentation regarding Williams Gateway's future plans in terms of flying over the City of Apache Junction.He gave the council a copy of the airport master plan executive summary,the Williams Regional Planning Study of 1996,a document pertaining to the noise compatibility responsibilities,and a flight track map over five days.He briefed the council on the operations of the airport from 1997 to forecasting the future operations as late as 2020. Williams is a reliever airport for Sky Harbor,and it will be starting commercial passenger service later this year.In 2007 they will be building an 8 gate terminal.Most of their operations are flight training.The federal government is basically responsible for air traffic and movement of aircraft in the air.The airport authority is responsible for planning and development of the airport and the safe and efficient use of the airfield. They try to work closely with the surrounding cities to mitigate noise and give educational programs.He talked about the overflight district from the 1996 study.They do not allow any type of residential development in the loudest noise area.Other areas are requested to give notification and public disclosure on the title and plat.He briefed the council on the flight track map over a five day period.Lastly he briefed the council on the general plan amendment considerations,showing considerations for Gilbert,Mesa and Queen Creek.There are no considerations proposed for Apache Junction.There is no part of the valley that escapes aircraft overflight.The overall traffic will increase in the future,primarily with general aviation,but large aircraft could start using the airport.He does not know their flight path. Councilmember Dietz asked what the take -off and landing patterns were. Mr.Leo Huppert stated it varies with the wind.Predominately they take off from the southeast to the northwest.Large aircraft turn to the right,small aircraft turn to the left.If there is a strong southeast wind,they take off in the other direction. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 3 OF 31 Councilmember Dietz asked if they connect up with the dry heat run if they are taking off going northwest and heading east. Mr.Leo Huppert stated he did not know how they were routed out once they get out of Williams airspace. Councilmember Eck asked if the community has any control over this:they would still fly over the community even if 100% protested the flights. Mr.Leo Huppert stated the airport has taken a proactive stance.They now have fly -friendly procedures.They ask the tower and pilots to do turns that will not take them over certain neighborhood areas.They cannot do that all the time due to safety or other reasons.However,they cannot control what they do. Mayor Coleman asked how the traffic compares with when it was an air force base. Mr.Leo Huppert stated it is very similar,but i t is quieter as the T -38s and T -37s were much louder aircraft.They are seeing quieter planes due to new technology.The new hush kit law took effect at the beginning of the year, but it does not effect business aircraft.The problem is there is older aircraft in the fleet mix. Councilmember Urich commented there must be older aircraft flying over Apache Junction. City Manager Curtis Shook commented he understood that the latest draft of the dry heat IDP brings the Sky Harbor flight plan over Williams.He asked for Mr.Huppert's opinion of that. Mr.Leo Huppert stated he is from the development side,not operations:he has no opinion.He added Mr.Nezer may have an opinion.He works with surrounding communities to prevent additional issues. Councilmember Durbala asked what kind of commercial aircraft will be involved. Mr.Leo Huppert stated it will be a combination of commuter services to cities in Arizona and other cities.Smaller aircraft will be doing shorter hauls and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 4 OF 31 larger aircraft will be serving the midwest,including a lot of charter aircraft.They can fly into other airports than Sky Harbor. Councilmember Durbala asked if it would be similar to Midway in Chicago. Mr.Leo Huppert stated it could,but it will not be as big.However,they do have the ability to relieve aircraft of all different sizes. Councilmember Durbala asked if it would primarily be freight service. Mr.Leo Huppert stated it would be a combination of cargo,passenger service, general aviation,flight training and some military.Seventy-five percent will be general aviation.He understands that the one loud aircraft does not make up for all the smaller aircraft that are not heard. Councilmember Durbala stated he works about a mile from the Phoenix airport and they hear very little traffic except for the smaller planes coming in lower during their landings. Vice Mayor Surra stated the problem with noise is not because the aircraft is noisy or the number.Things are magnified when you live in an area of pristine quiet;you cannot compare the people who live on Superstition Mountain and the foothills with the area where Councilmember Durbala works because there is all the other noise.Your ears get tuned to a certain level. There is a lower level out here.You cannot discount the concern by saying it is normal noise,as i t is not normal noise for this setting.This should be kept in mind when these flight patterns are made,as there is little pristine quiet left. Mr.Leo Huppert stated he understands that and he does not want to discount i t at all. Councilmember Durbala commented they must understand that the military used the area for a number of years and they used to make their imitation bombing runs coming over the Superstitions.He does not understand why people move in by an airport and then expect to have the airport closed or routes detoured because of the noise.He does not agree with the others;i t is here and they are not going to be able to stop it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 5 OF 31 Vice Mayor Surra commented the sound of someone protecting her safety is a lot quieter than someone intruding on her privacy. Mr.Gus Nezer,Air Traffic Manager at Sky Harbor Airport,gave a presentation regarding "dry heat procedures"at Sky Harbor.His management team, consisting of Mr.Martin Hardy,the Assistant Air Traffic Manager at TRACON: Mr.Greg Smith,the Assistant Air Traffic Manager at Phoenix Tower;Mr.Steve Willoch,the Traffic Management Officer for TRACON and the tower;Mr.Gerald Pennington,the Operations Manager for TRACON;and Mr.Skip Haskey,the Support Manager for TRACON,accompanied him to the meeting.Sky Harbor is the fifth busiest airport in the country.They foresee a 7% increase in traffic each year in the future.The airspace surrounding this airport was delegated as a military operations area many years ago in vast amounts,forcing an increasing demand on what was left.Civil aircraft cannot share time with military aircraft when those operations are in use;they have to go around those areas.They have four or five arrival routes into Phoenix only,and the departure routes use just about all the remaining space available.He explained the dry heat procedures.Before they can develop a new departure procedure they are required by law,an Federal Aviation Administration directive,to conduct an environmental process.They had to follow that process and adhere to the law in the development of the dry heat.There are three possible outcomes to an environmental screen;one is the categorical exclusion,wherein the law does not require them to continue to the next step, which is an environmental assessment;if they cannot make it through that second process,they move on to an environmental impact statement.After the initial screen,they found the dry heat was eligible for a categorical exclusion,as it was using an existing departure procedure and overlying an initial flight track,and it did not deviate from the track for aircraft below 3,000 feet.It met all the other requirements.The track splits well above 3,000 feet.They have agreements with Phoenix and Tempe to run the departures 50% of the day each way,and the aircraft must be turned in a safe manner. Councilmember Urich asked if the Federal Aviation Administration,City of Phoenix,and Sky Harbor officials followed any and all federal congressional and state requirements for public notice and public protest prior to implementing the dry heat departure. Mr.Gus Nezer stated he had covered the environmental process in as much detail as he had intended to:he is not sure there is a more appropriate time REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 6 OF 31 to answer that question.He believes they did.The Federal Aviation Administration's requirements,based in law that is based on the National Environmental Protection Act of 1969,require them to adhere to that process. The process was reviewed by their host facility in Albuquerque Center to insure the process was adhered to.It was reviewed by their regional office in Los Angeles and in Washington. Councilmember Urich asked if the response was intended to appease the aviation customers who did not want to spend time waiting for their turn on the runway. Mr.Gus Nezer stated they are required to provide safe and expeditious air traffic service.They are asked to do everything they can to improve the efficiency of the airport.It was appropriate for several reasons to develop the dry heat:they owe it to their customers to provide the very best service; i t is incumbent upon them to manage the airport as best they can;and cities must share the burden fairly.Dry heat is a significant minority in the number of operations. Councilmember Durbala asked why they violated the National Environmental Protection Act by not doing an environmental impact study.It was never conducted for traffic over the Tonto National Monument and the Superstition Mountains.The Federal Aviation Administration regulations state i t has to be done.He asked how they could do that.They were not interested in the city's concerns regardless of what the law may require.The dry heat run is a total impact. Mr.Gus Nezer stated the agency's view is they adhered to the law,including all the agency's regulations. Councilmember Durbala again asked why there was no environmental impact study or statement conducted over the Tonto National Forest and Superstition Mountains. Mr.Gus Nezer stated from what he understands,if they meet the categorical exclusion,it does not require that they go any further. Councilmember Durbala asked why they did it that way instead of doing the impact study. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 7 OF 31 Mr.Gus Nezer stated they do the initial screen to determine if they are eligible for a categorical exclusion.They do not consider doing the next thing if they are eligible. Councilmember Durbala commented they believe they met the law because they have not changed the patterns. Mr.Gus Nezer stated that is correct.I t is the same footprint through 3,000 feet which is a fundamental aspect of a categorical exclusion.It also meets other requirements that are not as important. Councilmember Dietz commented federal regulations and the Federal Aviation Administration's own policy require that an agency must conduct an environmental assessment where the proposed action is likely to be highly controversial on environmental grounds.They also designate an issue as highly controversial when the action is opposed by a local government.He asked if that would require them to do the environmental assessment. Mr.Gus Nezer asked if he meant public outcry. Councilmember Dietz commented regulations and Federal Aviation Administration policy also designate an issue is highly controversial when the action is opposed by a local governmental agency on environmental grounds.This city sent a resolution opposing this which should have automatically called for an environmental assessment. Mr.Gus Nezer stated that is referred to as the public outcry clause.That clause is subject to judgment.The altitudes of the planes crossing Apache Junction is not high enough to meet the threshold of public outcry. Councilmember Dietz asked if that also included the top of the Superstition Mountains to the airplanes. Mr.Gus Nezer stated he did not know. Councilmember Dietz commented they just go for the categorical exclusion whenever possible so they do not have to deal with the public and go through any of these studies or do the assessments. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 8 OF 31 Mr.Gus Nezer stated they have done a number of assessments. Councilmember Dietz commented they had just said that that is the first thing they look at. Mr.Gus Nezer stated they take the categorical exclusion if it is eligible. Councilmember Dietz asked if their regulations and policy state that they must do an environmental assessment if a governmental agency opposes it. Mr.Gus Nezer stated he did not have that information. Councilmember Dietz asked if that was Federal Aviation Administration Order 1050.1B. Mr.Gus Nezer stated he did not know. Councilmember Dietz stated he was here as the Federal Aviation Administration, these are their guidelines and what he is supposed to abide by.I t appears to him that this was just "fluffed"off. Mr.Gus Nezer stated the Federal Aviation Administration's position was it met a categorical exclusion.There was not sufficient public outcry. Councilmember Eck asked if there was sufficient public outcry in Ahwatukee. Mr.Gus Nezer stated there was not. Councilmember Dietz asked if sufficient outcry would be a resolution from a city council,mayor and entire city. Mr.Gus Nezer stated apparently not. Councilmember Dietz asked what his purpose was for being here.I t appears they go do whatever they want to do. Mr.Gus Nezer commented that is the tough part;i t is subjective.Sufficient public outcry is not a call they get to make at the local level,i t is made at the noise office in Los Angeles and later in Washington. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 9 OF 31 Councilmember Eck asked if it takes a percentage as far as the size of the community. Mr.Gus Nezer stated he is unaware of any percentages. Councilmember Eck asked how they determine if one is or one is not.I t appears to be senseless;he does not understand what a public outcry is. Councilmember Durbala asked if he was saying that the determination of public outcry is made first in Los Angeles and then is sent to Washington,D.C.for approval. Mr.Gus Nezer stated it is typically approved in Los Angeles and sometimes reviewed in Washington. Councilmember Durbala asked if this was reviewed in Washington. Mr.Gus Nezer stated he is not sure if it was technically reviewed.The administrator did answer some mail from congressional inquiries as to noise issues in and around Sky Harbor,but he is not sure if it was specific to dry heat.He added he called Los Angeles after reading this rule for the first time about six weeks ago;the answer was it was subjective.He asked them if dry heat met the standard for a categorical exclusion to be inappropriate,and he was told it did not. City Manager Curtis Shook asked if all of the determinations from the Los Angeles office were open under the Freedom of Information Act. Mr.Gus Nezer commented he believed they were. City Manager Curtis Shook asked if they could get those determinations if they contacted his office. Mr.Gus Nezer stated they could contact his office.They are controlled documents so he could not release them,but under the Act they can be released.They have a contact person for the Act in their office. City Manager Curtis Shook commented they could get to this contact person through his office. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 10 OF 31 Mr.Gus Nezer stated that is correct.He stated to call his office,they will give them her name and number,and the city can make its request through her. She will tell you the format i t needs to be in. City Manager Curtis Shook commented he understood that pre -heat precluded dry heat and dry heat was adopted at an April 1999 meeting in which the Federal Aviation Administration met with Southwest Airlines and America West;there were no other participants at the meeting. Mr.Martin Hardy stated he was not sure what meeting he is talking about. City Manager Curtis Shook restated his question.This is when dry heat became a permanent plan. Mr.Gus Nezer stated he was not here at that time,but the Federal Aviation Administration would not conduct an environmental screen and come to the conclusion that a categorical exclusion was appropriate at a meeting with Southwest and America West.That would be internal to the Federal Aviation Administration. City Manager Curtis Shook stated he was not talking about the environmental process.He was advised by individuals that had looked into this that dry heat was made formal at that April meeting.It was not posted,there was no notice,and the only attendees were air carriers and the Federal Aviation Admnistration. Mr.Gus Nezer stated it could only be made final if the screen process were complete.He assumed that if it was started in April,the screening must have been complete and the meeting with the airlines was simply to advise them it was complete and was no longer a pre -heat.Pre -heat is only eligible for airplanes that have a sophisticated avionics package. City Manager Curtis Shook asked if Williams had filed any kind of formal objection to dry heat,as this affects their flight patterns. Mr.Gerald Pennington stated they handle the departures from Williams,Sky Harbor,Scottsdale,Deer Valley and any airport in the valley.He would be concerned if it shut down the ability of an airport to launch airplanes. Approach control in the valley belongs to them. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 11 OF 31 Mr.Gus Nezer repeated that the radar approach control that feeds Williams is the same radar approach control that takes care of Sky Harbor and other valley airports.They would have adversely affected their own operation if they had affected Williams. Vice Mayor Surra asked if they might impact the efficiency of Williams in order to perform efficiently at Sky Harbor. Mr.Gerald Pennington stated they cannot penalize one in favor of the other. They have to handle them all -expeditiously. Mr.Gus Nezer stated they have to blend all the airplanes in.They are taken in order of when they come in. City Manager Curtis Shook asked if because of the volume of traffic for Sky Harbor,is there a restriction on the number of planes that can fly through those routes.If more planes come out of Sky Harbor through that portal,i t would effect the number of planes from other airports using that portal. Mr.Gus Nezer stated whoever gets there first,gets there.They do not restrict planes other than to monitor the number of planes per minute. City Manager Curtis Shook asked if the Federal Aviation Administration assigns a number for the amount of planes that are allowed to go through it. Mr.Gus Nezer stated they take them as they come. Councilmember Durbala asked why the planes leaving Sky Harbor cannot take a higher altitude sooner than they do. Mr.Gus Nezer briefed the council on how arrivals and departures are handled. They have two concerns:the limitations of the airplane and passenger comfort. How quickly they climb is also determined by fuel efficiency and conservation, and the arrivals coming into Sky Harbor.They interweave the planes arriving and departing.He commented that with the dry heat,they spoke to the Department of Defense and the military flight teams to see if they could borrow some of the airspace to construct another departure route.They were willing to let the Federal Aviation Administration borrow a corridor of their military operations area so they could run civil aircraft through there.This REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 12 OF 31 allowed them to have another departure route that would be far enough away from the other arrival and departure routes.He described what a radial is, and how planes generally follow the departure route to attain that radial and continue on with the rest of their route.The line clips the corner of Apache Junction,and sometimes planes will go north and south of that.They cannot go south of that line due to military aircraft using that area.Regarding the altitude,they sampled 30 airplanes from February 8 that went over Apache Junction on dry heat departures.They had a low of 8,000 and a high of 12,800 with an average of 10,500 on planes from Runway 8,the closest departure runway.On Runway 26,which is farther away and allows them to climb higher, they had a low of 14,700 and a high of 21,000 with an average of 17,000.This was taken at the western edge of Apache Junction.He commented on the hourly breakdown of flights over the city,amounting to 7.8% departures using dry heat of the total departures.These are typical numbers for a daily basis. On February 9 it was 8.6% of the departures.He commented they are generally interested in being good neighbors.I t is not their intent to develop a procedure that allows them to meet their charge but that adversely and inappropriately impacts the surrounding community.He believes there is a better way to do business in and around Sky Harbor.He has announced and will soon be signing off on the establishment of the Phoenix Airspace Users Working Group (PAUWG).I t is a method allowing them to sit with the aviation industry and hear what they would like the Federal Aviation Administration to do to provide a better service;he will also invite the affected communities and all of the stakeholders.The invitation should go out next week.It will be a difficult process to go through,but i t is a way for the Federal Aviation Administration to be more effective in responding to the customers;however, i t is not a noise abatement forum or a round table,i t is an airspace users working group.This will allow you to know what they are up to and you can understand the processes that are involved.The airspace users will get to hear from the communities what their concerns are about their proposals. Councilmember Dietz commented it was a shame they were not invited to discuss this before it was put into action. Mr.Gus Nezer commented this will allow each community to have the opportunity to know and be heard on what is being done with the airspace. Councilmember Insalaco commented it appears they have been given a bunch of jargon that they have to just sit and take.The community is basically being REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 13 OF 31 told there is nothing it can do:i t is stuck with whatever is dished out.He does not feel that the Federal Aviation Administration has got the communities in its best interest. Councilmember Urich commented the Federal Aviation Administration is saying they are genuinely interested in being good neighbors.She was brought up to believe that good neighbors are considerate of your neighbors,you do not make noise,and you try to communicate with them.Her interpretation must be different from theirs. Mayor Coleman thanked them for coming out this evening and he invited them to stay for the next item to hear public comments.They will not be expected to respond. Mr.Gus Nezer commented the Federal Aviation Administration is required by order and law to adhere to the process.If you do not like the process,the law or the outcome of the process,he suggested the city exercise its voice. Councilmember Dietz asked if the resolution from this city council is a voice. Mr.Gus Nezer stated it apparently was not enough. The council in general asked what would be enough. Mr.Gus Nezer stated the public outcry criteria is subjective.He was not there when this was decided,but that was the conclusion that was drawn.I f what was used before did not work,he suggested they find another way.He believes the Phoenix Airspace Users Working Group will be a better way to work.The city will have the opportunity to be in the room so that none of this is a surprise and it will be able to be heard on how it will affect the area. Vice Mayor Surra commented he is saying the city will be able to hear what is going to be done and how they are going to respond to those aviation requests, but he is not saying that the public outcry or the appropriate impact on our community will gain stature in your subjective opinion. Mr.Gus Nezer stated he did not say that the environmental screen process would change.He does not have that authority. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 14 OF 31 Vice Mayor Surra stated it appears the city would be able to hear the request but would have no authority in planning the outcome. Mr.Gus Nezer stated they would be able to hear what they have to say and the city would have a voice. Vice Mayor Surra stated they would not have a vote in the outcome. Mr.Gus Nezer stated there is no vote.The parties do not get together to vote on these things. Vice Mayor Surra commented if they are not part of the decision -making process,then their public outcry goes for naught. Mr.Gus Nezer stated he believes they will be part of the decision -making process if they are there.They would get to hear what is happening and be heard.They are involved in the process. Vice Mayor Surra stated his idea of how to make a decision is contrary to her opinion about how to make a decision.She does not invite people to sit up here if they do not have a vote.The public can talk at call to the public, they can tell the council anything they like,they can get something put on an agenda,but the council makes the decision.That is what would be happening at the meeting you are inviting the city to;you are making the decision. An unidentified member of Mr.Nezer's team commented he believes Mr.Nezer is suggesting that if the city is involved in the process from the beginning, their public outcry or displeasure over the change will be recorded from the beginning and may force additional studies.They may not have a vote,but they may be able to change the category from a categorical exclusion. Vice Mayor Surra asked if early public outcry can exert influence to their customers'request. Mr.Gus Nezer stated he did not know if they would be mutually exclusive. Public outcry does not mean that the issue is dead,i t just requires a higher level of noise review. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 15 OF 31 Councilmember Urich asked that if they had sufficient,loud public outcry, would they go back to what they should have done the first time and correct what they have done mistakenly. Mr.Gus Nezer stated he did not know if sufficient public outcry well after the fact would cause a review. Vice Mayor Surra asked if the council could place an agenda item at one of the future meetings that would direct our city manager to bring back a plan or proposal for the city to pursue its opposition for the dry heat procedures, including,if necessary,any possible legal action by the city. City Attorney Joel Stern stated he would have to research it,however,he does not see a problem with a direction to staff item. Vice Mayor Surra stated they could direct staff to put that on as an agenda item to explore that. City Attorney Joel Stern stated that was correct,and he could advise council in the executive session if there is a legal issue. CALL TO THE PUBLIC Ms.Sandie Smith,Pinal County Supervisor,575 N.Idaho Road,Apache Junction, addressed the council regarding the Federal Aviation Administration and Williams Gateway Airport.She believes the area has been done a grave injustice and has been working on the issue of the overflights for some time. This goes back before her time to when they were doing an assessment throughout this area and the state when a regional jetport was being considered.She came in at the very end of the study.Out of those meetings came a major recommendation that there would be a regional jetport in Pinal County.This would take away revenue from Phoenix and the airport.There are alternative plans;they do not have to keep growing in the Phoenix area. Those alternative plans have been held up through about three governors now because i t is not popular to say what she is saying.She has asked each gubernatorial candidate how they feel about that study,and the study is still on the shelf.This area is getting the brunt of what is happening here.The paperwork will show that there were no environmental studies done,because they say they have already done everything.She believes there will be REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 16 OF 31 paperwork with no signatures on them that were'forwarded.There were no environmental studies done which.are required when you address a national forest,plus no tribal okays.These things need to be looked into She challenged the Federal Aviation Administration to furnish the city.with the . paperwork -without going through the. Public Information Act so that everyone can rest assured that the process was completed properly.-She commented that when there is a question on something,an -extra step should be taken with another session to get the public opinion;she does not believe that was done. She added the council represents 20,000 people,and that should be enough to let anyone know that there is concern in an area.She represents 40,000 to 50,000 in her district and 150,000 in her .county.When_they -say something, they should be taken seriously.She is not addressing just the impact of the flights,she is addressing the process.She believes the process was skirted, and if she had done something like this she would be taken to task by the citizens.The citizens have little voice here because this is a federal issue and it deals with -the communities to.the west,causing our voices to get drowned out.The voices were drowned out when Apache Junction was includediin the non -attainment area.She,as a citizen,wrote a letter of objection,the county supervisors wrote a letter of objection,and they were not heard.The non -attainment area is here so that our figures of air quality can be added into the figures with our neighbors to the west to give them a better figure. This goes back to the flights.I t is not about just noise,but also about air quality.This area now has to do emissions control..She was told it was done to make:the air better;she challenged whose air would be better.They will now have to do emissions without anemissions station that they were promised in order to help one percent.These citizens will not be given the same consideration that Maricopa County citizens get if they cannot pay for it; there is no legislation to help.them.She hoped that someone else's economic development will not reduce our quality of life.She is expected to hold to a process,and she would expect our neighbors,the Federal Aviation Administration and the federal officials to be held to that same standard. She _asked that they be given a seat at the table that would give them some consideration and not be just complimentary. Mr.Don Gabrielson,4848 E.Bell Street,Apache Junction,addressed the council regarding dry heat procedures.He is concerned about the quality of life in the community.The Federal Aviation Administration has a definition of noise that revolves around an annual average,determined as 65 DNL,and that is what is defined as unhabitable.For them,noise ends where the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 17 OF 31 unhabitability ends.If you can live there,then i t is not noise that you can be affected by.The quality of life is not concerned about an annual average noise level,i t is a single plane coming overhead that wakes you up in the middle of the night,overwhelms the conversation you are trying to have,makes you turn up the television or that drowns out the sound of quail in the morning.This needs to be addressed on a one plane at a time issue.He disagrees that the Federal Aviation Administration has complied with the National Environmental Policy Act.If the Federal Aviation Administration claims a categorical exclusion,they are obligated to do an environmental assessment if there are extraordinary circumstances.The Superstition Wilderness is unique and it has not been mentioned previously.I t is a federally protected wilderness area sitting at the edge of the metropolitan area.They are ignoring a fundamental concern that Congress has expressed. He requested that Mr.Nezer get a copy of Resolution No.97-12 and explain to the council how they could more clearly express public outcry regarding noise, pollution and safety issues.He added that if traffic increases at 7% a year, dry heat will be getting bigger in no time at all.He quoted William Sherman, an Federal Aviation Administration spokesman,who indicated on June 4,1999, that they could fly twice as many flights as they currently do with their now having two eastbound corridors.This could mean that half of the traffic out of Sky Harbor could fly over Apache Junction.He is also concerned about where the traffic out of Williams Gateway will go,and how much worse that will get.As that airport is owned by the authority of Mesa,Gilbert and Queen Creek,i t seems logical that they will dump that traffic over Pinal County.The City of Mesa has taken the position that Williams Gateway needs to find commercial passenger traffic in order to balance the books.He acknowledges that i t is here,but he will not acknowledge that it cannot be made to go away,and that it could get worse if nothing is done.The city's voice is meaningful,and it should be used in a couple of different forums. He asked that the issue not be dropped. Ms.Carolyn Riedl,2443 S.Rowen,Mesa,addressed the council regarding Williams Gateway and dry heat procedures.She lives about 5 miles from the airport in Superstition Springs Village.They wake up in the morning at about 5:45 a.m.because of Sky Harbor's dry heat procedure.She estimates their altitude between 10,000 and 15,000 feet,but it does not make them any quieter.They go to sleep at night with cargo planes coming in and out of Williams Gateway.They were promised that stage three aircraft would be the only planes allowed to fly after January 1;these have the hush kits.They REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 18 OF 31 are not quieter.She commented your relationship to the proximity of the airport has nothing to do with the amount of noise;i t is based on the type of aircraft and their direction.The smaller planes go left towards Gilbert,the larger planes go right towards Mesa,Queen Creek and Apache Junction;the larger planes make the most noise.She believes that every airport in the east valley wants to expand,and the east valley can ill afford to be turned into one huge runway.Pollution is a huge factor in this valley and it will become more so as the valley grows.There was public outcry in Mesa,with citizens collecting over 6,000 signatures that went to John McCain;he advised them to take the problem to their mayor.There is strength in numbers.She would like to see the people from Apache Junction,Mesa,Ahwatukee,and the entire valley get together and voice their opinion. Mr.Elliott Fisher,547 E.Quail,Apache Junction,addressed the council to urge them to take a stand for freedom from being unwell,for an enhanced freedom of movement,and for individual financial freedom.He asked the council to join him and the citizens of Queen Creek,Mesa,Chandler and Gold Canyon to inform domestic passenger aviation that the people intend to make Williams Gateway their Waterloo.He commented that hollow promises of dry heat procedures are nothing more than a gimmick.He urged high speed rail as an alternative to airport expansion in dense urban areas,and that these aircraft be forced to the coast where it is safer for them.They should concentrate on global travel and let rail set the people free.He commented they may not hear the planes on the runway because they have left their ear muffs off for too long,and that all they are concerned with is money.He again reiterated that rail was the alternative,and that the government should stop subsidizing an industry with many problems. Mr.Tom Schulke,1889 S.Palo Verde,Apache Junction,addressed the council regarding the consent agenda.I t is supposed to be for noncontroversial items.He had some concerns over the Chamber of Commerce lease.He had asked each member of the council to remove this item from the consent agenda,and they all refused.He can now only bring this issue up after i t has been voted on and he cannot get a response.He was concerned over the Chamber being able to lease a building for $10 a month,and if the agreement indicated that the city provide free rent.He asked if the city bought the Chamber building at a below market price,and if the free rent was part of the sales contract.He wanted to know the rationale for giving the Chamber free space,and if other groups could get free space and the criteria for doing so.He inquired what REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 19 OF 31 the citizens should conclude regarding the city's management of assets.He urged the council to be more receptive to removing items from the consent agenda.He also was concerned with the rent control resolution,as he does not think rent control is a good idea due to its impact on the supply of rental property.He was also concerned about the city rezoning 36 acres along Old West Highway against the owner's request from trailer homesite to commercial.The council does not appear to have trailer homesite residents' interests in mind. Ms.Beverly Salvage,2627 S.Hibiscus,Mesa,addressed the council regarding Williams Gateway Airport.She lives under the flight path.She was told it was not going to be a big airport by the airport authority.She was told the planes would not fly north of Guadalupe Road.She was lied to.In 1993 they had some of their subdivision residents go to the public meetings on Williams Gateway.They opposed the airport,and they were not the only ones.She was appointed to the noise study,and she has attended all the airport authority meetings,and the task force meetings in Phoenix.She is concerned about all the pollution.Each one of the large planes is equivalent to 25,000 cars, plus there is the noise pollution.They talk about the cars polluting,but not the airplanes.She is concerned about the Superstitions and the San Tans. She commended the council for listening to the concerns of the people.They have had over 500 attend each of two meetings,they have a petition with 6,000 signatures and she has written Governor Hull.The governor and Senator McCain are all for airport expansion.She has written various officials at the Federal Aviation Administration and received no answers.She thinks the Superstitions should be preserved,and she believes the brown cloud will move out of Phoenix and settle over here.She urged the council to continue looking into this,and urged all the groups to join together. Mr.Ron Fox,2400 E.Baseline Avenue,Apache Junction,Second Vice President of the Arizona Renters'Association,addressed the council to thank them for their support on the rent control issue.He believes other city officials throughout Arizona should be made aware of the resolution.What the resolution will accomplish is unknown,but the council has shown that they care. Mrs.Ruth Waters,2208 W.Baseline #18,Apache Junction,had filled out a form to speak but had left the meeting before she could do so. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 20 OF 31 Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. CITY MANAGER'S REPORT City Manager Curtis Shook stated the city sponsored a school development fee bill in the house,House Bill 2511.The senate has Senate Bill 1157 which was sponsored by the Chairman of the Finance Committee,Scott Bungard.It passed the Finance Committee on a 4-3 vote and was passed to the floor.The house bill has caps on it,the senate bill does not.The senate bill will be debated on both floors of the house this year.The Homebuilders'Association did file within the required period of time and the city has until March 10 to file its response.I t appears it will be a May or June Appeals Court hearing. He added that Well #5 is now back on line. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION ROTARY #1246 FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the council on the item.She commented this is an annual request. The applicants were notified to be in attendance this evening. Mayor Coleman requested the applicant address the council.The applicants had already left the meeting. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE APACHE JUNCTION ROTARY #1246 FOR LOST DUTCHMAN DAYS,FEBRUARY 25-27,2000,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 21 OF 31 VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-05/CASE SD -99-06,PRELIMINARY PLAT FOR "APACHE DREAM" TOWNHOUSES BY YOUNG/ORLICH )Associate Planner Rudy Esquivias briefed the council on the item.This is for a5 acre property at the southeast corner of Broadway and Delaware.This will be a 32 -unit townhouse development with central open space,common areas and recreational areas. Their backyards will consist of the green area.The front yards will have desert landscaping.There will be a private interior drive connecting Lawther to Delaware.Council had conceptually approved this plan at the rezoning. The applicant is requesting approval of the preliminary plat.There are three concepts for the preliminary plat.He briefed the council on the three plat concepts.Plat A is similar to the conceptual site plan at the rezoning. Plat B has more open spaces,with 20'of open space between every third unit. This squeezes a lot of open space in the areas where there were to be recreational activities.Planning and Zoning recommends this plan.Plat C is a compromise of the two plats.Open space has been regained and the lots on top become a little shorter.There are access points on each side and at the top and bottom for the fire district.Some conceptual elevations have been included in the packet.The units are 32'wide,with each having a 20' driveway in the front,each has a two car garage,and each unit has two parking spaces for guests. Councilmember Dietz asked if the curved area in front of Lot 30,which is in the first two plats,would be included in Plat C. Associate Planner Rudy Esquivias stated the applicant should be able to address that,but he does not believe it will be a problem.If council is concerned,it can be put back in during the final plat phase. Councilmember Insalaco commented Plat C appears to be cheaper to build as there are less outside walls. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 22 OF 31 Associate Planner Rudy Esquivias stated Mr.Orlich had commented that more walls make for a greater expense. There is a trade off between aesthetics versus expense.The city would be concerned with the maintenance of the open space and emergency access.Since the walls are separated,they do not have to be fire walls. Vice Mayor Surra asked if the footprint of the pool area remains the same in each plat. Associate Planner Rudy Esquivias stated they are the same in Plats A and C,but in Plat B it gets squeezed down.I t is 69'in Plat A in a certain area,55'in Plat C,and only 50.4'in Plat B.The engineer redesigned some of the utility easements in Plat C so that not as much open space must be given up for utility easements,so it gains the lost space back.In effect,Plat A and C have about the same amount of room for a swimming pool. Councilmember Dietz asked if the preliminary landscaping plan will go with all the plats. Associate Planner Rudy Esquivias stated he believed it would. Mayor Coleman opened the public hearing on the item. Mr.Sam Orlich,3411 N.Kachina Lane,Scottsdale,addressed the council.He commented they kept changing the plan to come up with what would be the best plan.He agreed that Mr.Kelley- Devaney's suggestion of the one break in the middle was the best plan.I t breaks it up but still keeps the same amount of open space.He commended Rudy for his work,stating he has never worked with anyone better from any other city.He stated the landscape architect is drawing up the final conception and he is working with Nick Blake;the engineer is already working on the final plat.He urged the council to approve Plat C. Councilmember Dietz commented he liked Plat C.He thinks the one break is more than adequate. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 23 OF 31 Mr.Tom Schulke,1889 S.Palo Verde, Apache Junction,addressed the council.He believes this subdivision may turn out to be a nightmare for visitors'parking.He asked that it be looked into. He is concerned that there is no parking for oversized vehicles.There is no place for oversized service vehicles,either.He is also concerned that there are not enough parking spaces for guests if someone decides to have a party. There is no parking on Broadway and Delaware or on the interior road.The lots that border on the east and south have 20'driveways,leaving 12'of parking space,and there are no cars of that length.There is no on street parking to the east or the south.There appears to be no on street parking around or in the complex.He believes it could create a spillover effect into adjoining areas regarding parking.He suggested parking spaces in the interior for guests,and changing the layout of the houses on the east and south streets so that the garages adjoin.This would allow at least one car to be parked out on the street.He urged the council to make sure there is sufficient right-of-ways for any intersection at Broadway and Delaware. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra asked if the city had any regulations for subdivisions to provide for guest parking. Associate Planner Rudy Esquivias stated each unit has two required parking spaces which are not to be located in a front yard setback area.The site plans show the garages are set back 20',they are two car garages,and that leaves two parking spaces on the driveway for guests. Vice Mayor Surra asked if this meets the regulations with any other subdivision that would go in anywhere else in the city. Associate Planner Rudy Esquivias stated the parking regulations require extra parking in mobile home parks and in RV parks.I t is not true in this type of residential development.I t meets the standards.These units could be flip flopped as Mr.Schulke suggests to make extra parking on the street.That can be done on final plat. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 24 OF 31 There is also another area that they could cut into to provide additional parking.If this were a mobile home park,they would have to provide an additional parking space for every five units. Vice Mayor Surra stated that could be done at the owner's request,but she would not want to make i t a stipulation based on the fact that i t is not a requirement for any other subdivision. Councilmember Insalaco agreed. Councilmember Durbala commented there are sixty extra parking spaces.He believes that is a sufficient amount;the homeowners'association can add more later if they wish. Councilmember Eck commented he cannot tell the difference between B and C. Associate Planner Rudy Esquivias briefed the council on the difference between the two plats. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.00-05,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY PLAT,CASE NO.SD -99-06, FOR APACHE DREAM TOWNHOUSES,BY SAM ORLICH,REPRESENTING CONNIE YOUNG,BE APPROVED FOR PLAT C. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 25 OF 31 None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION JOINT WORK SESSION WITH PLANNING AND ZONING COMMISSION/OTHER CITY BOARDS AND COMMISSIONS. )Councilmember Eck briefed the council on this item.He believes a joint work session is needed with the Planning and Zoning Commission.Dates were discussed at the work session last night.Councilmember Eck MOVED THAT THE FIRST DATE BE MARCH 27 AND THE SECOND DATE BE APRIL 10,BOTH AT 6:00 P.M. City Clerk Kathleen Connelly stated it would be difficult to prepare an agenda if she does not know what they want to discuss.Her memo had listed some general issues. Vice Mayor Surra asked if they can have a section where they share their accomplishments with each other. City Attorney Joel Stern commented that is pretty general. Vice Mayor Surra asked if they could have a section to discuss the goals that were decided at the council retreat. City Clerk Kathleen Connelly stated that would be more specific,but the first one was too general. City Attorney Joel Stern commented he did not believe the first one would meet the approval of the attorney general. Vice Mayor Surra stated she would like to share the list of accomplishments that was made at the council REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 26 OF 31 retreat.She was referring to the list of accomplishments and goals that the council got from their retreat,and she would like to go into the roles. City Attorney Joel Stern commented that would probably be okay. Councilmember Durbala commented she meant the duties and responsibilities. Vice Mayor Surra stated she meant the duties and responsibilities and roles of Planning and Zoning,council,and their interaction.Both sets of roles should be included.She would also like to see a free question and answer section. City Clerk Kathleen Connelly stated it would have to be more specific than just a free question and answer section. City Attorney Joel Stern agreed as anything could come up on the agenda. Mayor Coleman suggested using the issues and concerns as outlined in the city clerk's memo. There was general discussion on the items that were in the memo.It was determined that would be fine. There was general discussion on a book the council wished to discuss with the Planning and Zoning Commission and if there were enough copies to distribute or if they would have to order additional copies. City Clerk Kathleen Connelly asked if they would like to have dinner provided that evening. Council in general stated they would like to have sub sandwiches. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 27 OF 31 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION REGARDING A POSSIBLE HOUSING AND URBAN DEVELOPMENT (HUD)PARTNERSHIP ) )Councilmember Urich briefed the council on this item.She believed everyone on the council is concerned about housing in Apache Junction.However,based on council's comments last night at the work session,she MOVED TO POSTPONE A DIRECTION TO STAFF UNTIL SOME FUTURE TIME ON THIS ITEM. Councilmember Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly stated i t has to be tabled if there is no definite date. Councilmember Urich AMENDED HER MOTION TO TABLE IT. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 6,2000,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 7,2000,IN THE CITY CONFERENCE CENTER. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 28 OF 31 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Eck stated he attended a meeting last week with the Image Group, a subcommittee of Focused Future.They are promoting the Apache Junction license plates and they are trying to learn the city code in order to assist code enforcement in cleaning up some neighborhoods. Mayor Coleman commented there was an executive board meeting of the League of Cities and Towns last Friday.They were given a legislative update on some important bills.He asked the city manager if he knew the status of HB 1208. City Manager Curtis Shook stated it passed the committee and was on its way to rules and then to the floor.I t is the bill on taxes.It may have a chance on the floor,but everyone thinks it will die there. Councilmember Durbala announced a golf tournament to benefit Ron Le Duc on March 12.Personal donations can be made through the police department to Ron Martin or Brian Duncan,or through the AJ News through an account with Norwest.All the funds from the golf tournament will be given to Ron Le Duc. There will also be a raffle to raise additional money.He added the council can discuss insurance benefits for retired employees in this year's budget process again. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:07 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 1,2000. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 29 OF 31 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jay Reynolds;and Public Safety Department employees. 4.Approval for award of Bid LIB -00-01 for Dynix Automation System Maintenance Services and granting authority to the City Manager to negotiate an agreement which meets the approval of the City Attorney. 5.Approval for award of bid for Tactical Body Armor for SWAT team members. 6.Approval for the City of Apache Junction to purchase an aerial lift truck using the City of Tempe purchasing contract.(The lowest and best bid was submitted by Teague Equipment Company.) 7.Approval for Lease Agreement between the City and the Apache Junction Chamber of Commerce for use of building at 112 East 2nd Avenue and authorization for Mayor to sign agreement. 8.Approval for Lease Agreement between the City and the Apache Junction Main Street Program,Inc.,for use of building at 112 East 2nd Avenue and authorization for Mayor to sign agreement. 9.Approval for Amendment No.1 to Preannexation and Economic Development Agreement with Earnhardt Limited Partnership dated August 19,1999,to provide the City more time to construct the required road improvements. 10.Approval of Resolution No.00-03,Approving an Intergovernmental Agreement with the Town of Payson,Arizona,to establish a partnering arrangement for application for Arizona Department of Commerce Community Development Block Grants (CDBG),and authorization for Mayor to sign agreement. 11.Authorization for City Manager to execute all required documents for Cell Tower Lease agreement between the City of Apache Junction and AT&T for cell tower located at 1001 North Idaho Road. 12.Approval of Resolution No.00-04,Extending support for state initiated measures to protect residents in mobile and manufactured home and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 30 OF 31 recreational vehicle parks from unreasonable rent increases;and declaring an emergency. ACCEPTED THIS 7TH DAY OF MARCH ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF MARCH ,2000. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 15th day of February,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of February,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15,2000 PAGE 31 OF 31