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HomeMy WebLinkAbout2010-09-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 7, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 7, 2010, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:07 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs. Director Brad Steinke Economic Dev. Director Steve Filipowicz Others Present:Program Coordinator Heather Patel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 1 OF 29 Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A STREET SWEEPER FROM H & E EQUIPMENT SERVICES THROUGH HGAC CONTRACT #SW04-10 IN THE AMOUNT OF $193,336.32, WITH $173,000.00 OF THAT TOTAL BEING FROM A CONGESTION MITIGATION AND AIR QUALITY GRANT AWARDED TO THE CITY JUNE 30, 2010 AND AN AMOUNT NOT TO EXCEED $20,336.32 BEING PAID BY THE CITY; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT BETWEEN THE CITY ATTORNEY AND THE CITY OF APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR PR -10-1, LANDSCAPE MAINTENANCE OF RENAISSANCE POINT, ARROYO VERDE, PHELPS DRIVE PHASES I AND II, IRONWOOD COVE, ROYAL PALM ROAD, IRONWOOD DRIVE EXIT, GOLDFIELD ROAD EXIT, AND TOMAHAWK ROAD EXIT, BE AWARDED TO SOMMERSET LANDSCAPING IN AN AMOUNT NOT TO EXCEED $78,535.60. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Eck commented people come here and go to our lakes, and that is what we want them to do.The Apache Junction News reported yesterday that in the last couple of months two bighorn sheep have been poached up by the lake.They have not found two bighorn sheep poached in the last 20 years.They are a precious animal.He thinks everyone should be aware of it as one never knows when someone might brag about doing something like that, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 2 OF 29 or they may come across something like that.It is very disheartening to him.He knows a lot of folks that come out to watch them.They will not be able to watch them if they keep shooting them, as there are only about 250 in the herd. Councilmember Serdy commented a couple of weeks ago at the work session he presented the tourism and promotional flyer that the focal point/tourism committee had been working on.He announced they are finished with them.The Chamber has them.He has some samples with him.They will be distributed throughout the valley and to other chambers.It is a slow process but it will hopefully bring more people into the area.Also, tree lighting has started.A couple of weeks ago Councilmember Barker purchased one and it was lit up in a ceremony.The goal is to light up everything in the downtown park.When those are lit, they will continue lighting throughout the city.Now as the days are getting shorter, it will create an atmosphere, be a way to brighten up the city and make it more of a destination.They are also selling bricks at the monument.It will be on the city website in the future.If they want information now, they can talk to Councilmember Barker, Loretta Hill on the committee, or Roger Hacker at the city. Mayor Insalaco commented two weeks ago he and Councilmembers Wilson, Serdy and Coleman attended the League of Cities and Towns Conference in Glendale.It was done very well and it seemed all they heard was gloom and doom from every city that was there.Apache Junction is not the only one in the tight boat, but he came away with a better feeling than what he went with.Even though we are doing kind of poorly, we are better off than 90% of the other cities in the valley. Mayor Insalaco presented Councilmember Dietz with his 12 -year service award from the League of Cities and Towns since he was unable to attend the conference. Mayor Insalaco visited the new clinic today that is being rebuilt in the old Osco building on the corner of Southern and Ironwood.The doctors who built the hospital are putting in a clinic that should be open in October or November. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 3 OF 29 City Manager George -Hoffman commented on the Public Library Plan 2010-2015, the new SuperstitiOn Mountain Mental Health site on Plaza, and the developmentat Central Arizona College. PUBLIC HEARINGS APPLICATION FOR:A:NEW LICENSE, LIMITED: LIABILITY CO.', SERIES 10 LIQUOR LICENSE:FOR-APACHE MINI MART) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant-address:the council.The applicant declined to speak. Mayor Insalaco 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. Councilmember Coleman MOVED THAT THE APPLICATION :FOR A NEW LICENSE, LIMITED LIABILITYCO., SERIES 10 LIQUOR LICENSE FOR APACHE MINI MART SUBMITTED BY MAHMUD A. AUJANI, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT' LIQUOR LICENSE:FOR -SUPERSTITION H.O.G. CHAPTER INC. )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant did not address the council as .there :were no questions for the applicant.Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened REGULAR' MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 4 OF 29 the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER INC. FOR OCTOBER 7, 2010, SUBMITTED BY MARK LERESCHE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DEVELOPMENT FEE APPEAL FROM JOHN AND JOANNE FAIRMAN )Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked him what he sees as a possible resolution to this. Development Services Director Brad Steinke stated when he has talked to the development fee consultants, they were leery of any time period by which you replace and then charge a fee.They have suggested a ten year period of time, but it is something the city has to look at. Staff may come back to council and say that they are going to take that entire term out of the ordinance. Councilmember Coleman commented what they are saying is that the city should not have any time limit.If there is a home there that has been removed, than at any time another home can go there without an increase in usage.He asked why they had the time limit in the first place. Development Services Director Brad Steinke stated the ordinance that had that in was created by a consultant that we had prior to the consultant we currently have.He thinks it followed through from years ago up to the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 5 OF 29 present.They will re-examine that and other elements of the development fees.He thinks the current consultant is uncomfortable with that in the ordinance. Vice Mayor Eck commented he had a lot like this with a trailer on it that was a 1961.He wanted out, so he sold it.The first thing the new owner did was get rid of that awful trailer.Now he is stuck with the bare lot and he is in the same situation.All of the situations he has seen where they take it off have been because of the aesthetics of the mobile home.They are usually not even livable.He would like the idea of voiding that part of the ordinance.Someone has already been there at sometime.He does not think it will come up that it will change the revenues on the city that bad.It gives the people the incentive to fill that lot with something that is newer.He likes the ten years or longer. Councilmember Coleman asked if by the consultant being uncomfortable it meant that they do not feel it would hold up in court if it was litigated. Development Services Director Brad Steinke stated he is uncomfortable with giving legal advice like that. Councilmember Wilson commented a person who lives near him removed an old trailer because they found transit people that were living in it and using it.They removed the trailer that was not suitable for someone to live in.They did not realize that they would fall under this.There has not been a home put up on it since because they are faced with this $9,000 plus fee.They are upset with themselves for pulling something off but they did it because they were afraid of possible legal problems with having a transit person on their property. Vice Mayor Eck commented it makes them keep that old trailer on there if we do not do this. He thinks they see where they are going with this one and where they may be going in the future with this ordinance. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 6 OF 29 Mayor Insalaco requested the applicant address the council. Mr. John Fairman has owned the property since 1982.There have been the property.There is no reason to have him pay a to put his modular home on the property that he had 6 weeks ago.It is a brand new, 2009 modular home. putting a garage on it and moving onto the property asked that the fee be waived. public hearing on the item. Quail, Apache Junction, a property he bid on in concerns.He requested stated he renters on fee in order bought over He plans on himself.He Mayor Insalaco opened the Mr. Elliott Fisher, 547 E. addressed the council.He commented on the city and his development fee they get rid of them or have them the same across the city for everyone. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE DEVELOPMENT FEE APPEAL FROM JOHN AND JOANNE FAIRMAN TO WAIVE THE REQUIRED $9,508 DEVELOPMENT FEE FOR PLACEMENT OF A MOBILE HOME ON THEIR PROPERTY LOCATED AT 2143 N. APACHE DRIVE BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. USE OF FISCAL YEAR 2010 STATE SPECIAL PROJECT FUNDING )Program Coordinator Heather Patel briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 7 OF 29 Vice Mayor Eck asked if the road would come in front of the new building being built. Mayor Insalaco stated it would be south of that building. Vice Mayor Eck commented he thought it was south of Superstition. Program Coordinator Heather Patel stated it is south of Superstition on Plaza Drive.That is the first portion. Councilmember Barker stated that is with a grant. Program Coordinator Heather Patel stated that is correct.That is the CDBG application. Councilmember Barker commented that is already taken care of. Program Coordinator Heather Patel stated that is done.It is 660', and they would continue to go from that point further on down into the plaza. Councilmember Dietz stated the $300,000 for Plaza Drive would be for the west side where the other grant leaves off.This would continue it down to where Plaza ends as far as it being a city road. Program Coordinator Heather Patel stated that is correct. Councilmember Dietz stated this finishes paying for the rest of the road. Program Coordinator Heather Patel stated that is correct.It would be both east and west, if applicable, depending on the engineering that is completed for the second part.The second grant is for the whole thing. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 8 OF 29 Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented on grant money going towards big developments. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Barker commented they were told they could only request up to $300,000 and it could only be one project. Program Coordinator Heather Patel stated that is correct. Vice Mayor Eck commented there is a road going from Superstition on Plaza only so far where it then stops at an older road that does not continue on. He believes this grant will then complete this road on both sides. Program Coordinator Heather Patel stated that is correct.If this is selected, Plaza Drive would be completely redone to Superstition. Vice Mayor Eck asked if this would complete it up to where the businesses start. Mayor Insalaco stated that is correct.The road ends where the businesses start as that is private property. Vice Mayor Eck stated otherwise they will have a real nice road but it stops where the buildings are at. Councilmember Barker stated that is correct unless the property owners decide to fix it.It appears to her they have on tonight's agenda a discussion on the downtown redevelopment that includes this area, and they also REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 9 OF 29 have the general plan which also includes this area.It is the same basic thing they are talking about with this particular road.They can either have half a road or finish it up.If we leave half a road, it will create a problem.If they finish it up, then that creates its own thing.It seems to her it would be smarter to go ahead and finish the road up and go on to the next project. Councilmember Dietz agreed. Vice Mayor Eck asked what half the road is. Councilmember Barker stated the CDBG grant will take up about the first 600'; that is already done. Vice Mayor Eck commented she means on Plaza._ Councilmember Barker stated that is correct.The work is not done, but the grant is already done. Vice Mayor Eck commented she is talking about half of the total length of the road is already done. Councilmember Barker stated that is correct. Vice Mayor Eck commented he thought she was talking about only doing the building side of the road when she said half the road.It was his mistake. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SELECTION OF THE PROJECT TO BE SUBMITTED FOR FY10 SSP FUNDING AND THE PREPARATION OF THE APPLICATION AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION:THAT THEY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 10 OF 29 PREPARE THOSE DOCUMENTS FOR THE DOWNTOWN REDEVELOPMENT PROJECT, PLAZA DRIVE IMPROVEMENTS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO. 10-34, ACCEPTING AND ADOPTING THE DOCUMENT ENTITLED "DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY" )Business Advocate Janine Solley briefed the council on the item. Mr. Ed Gawf, G & G Consulting, gave a presentation including having a shared vision, goals and strategies.He commented that implementation is more important to talk about than the goals and strategy. They need to move quickly, smartly, and use the plan.He gave examples of different events that will sell the downtown.They need to produce results early and invest this year on specific visual improvements.Keep a public scorecard of activities and results.They have identified the priorities and council and staff need to identify the lead person. City Manager George Hoffman stated what makes this plan different from those the council and community have seen before is that it is cohesive, comprehensive, it takes a near term view and gives a long term strategic view.Most importantly, it translates good planning into practical application and concrete tasks.It sets forth 5 guiding principles:a unique identity or branding, a three zone concept, work on the Apache Trail median, the revitalization and economic vitality and the downtown four.Each of the goals will be translated into strategies.He gave council the example of goal 2.2 of the three zone concept.This task will take some real work, be he believes staff and the council are up to it. Ed is recommending that he bring a quarterly report back publicly to the council on the items they will be working on REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 11 OF 29 regularly.They are looking at a flat or declining revenue scenario.There will be many things that compete for the money for the downtown.He believes they need to integrate the thinking and work plan of the focal plan group into this project.The grants discussion tonight is the kind of decision they will be faced with time and time again, and if they make it clear that the downtown is a priority then simple things like street improvements will come to fruition.A key point made by Ed was it is critical to keep going and not let the best be the enemy of the good.If they champion that, the community will understand why they will only build 660' of road this year and the rest next year or two years later.Included in this year's budget is Plaza Drive, Apache Trail median from Idaho to North Apache Trail, decorative lighting installation at the focal point and other three intersection corners, construction drawings for North Apache Trail from Apache Trial to Idaho, the northwest corner of Apache Trail and North Apache Trail, landscape enhancements, downtown identification signage, platform for the marquee and perhaps doing the marquee, initiation of the branding concept, painting of light fixtures and traffic signals on Apache Trail, and installing 5 new downtown directional signs.This is the largest project the city will have undertaken if this is approved. Councilmember Serdy asked how people will be able to see this and view it. City Manager George Hoffman asked if it is on the G & G Consulting site. Mr. Ed Gawf stated it will be on their site.It is already on the city site. City Manager George Hoffman stated it will be available through the internet. Mr. Ed Gawf stated it will also be put on a computer disk so that they can make more copies. Vice Mayor Eck commented he loves the monument signs and would like to have them at all the entrances to the city, especially a huge one at US 60.He would REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 12 OF 29 like people to know when they hit Apache Junction.He likes what he said about the median.They have never really known exactly what they were going to do with it.He likes what his idea is; to make it look nicer as it is not going anywhere.He asked if they could landscape it and beautify it in a way to keep labor costs down.Right now parks and recreation or public works guys are out there twice a month grading the median.He would like to keep that in mind.Ordinance No. 940 requires so many plants and trees.Sometimes they require that, but the trees are getting in the way of the business signs, such as the credit union by Harley-Davidson.He suggested everybody think of these things. Mr. Ed Gawf stated the landscaping for the first section is being done in house. City Manager George Hoffman stated Nick Blake will be bringing back a draft design to them this fall. Mr. Ed Gawf stated it will lower the cost significantly versus going out.They have to do things quickly but be smart about it.They have also found someone who will put together a sign template for not very much money because everyone needs work these days.They will get a template that will allow them over the next 5 to 15 years as these 5 to 10 signs are being built, to have a consistent theme that is attractive.They are looking at ways to economize. Landscaping needs to make sure that it is still a commercial street.That will be considered as part of the landscaping design of the median and as part of the development approval process.They are also looking at revocable permits or encroachment permits allowing lower level signs to be closer to the road and be under the tree canopy.They have recommended that each section be looked at for its own sort of sign requirements.There are opportunities that have not been taken full advantage of. Vice Mayor Eck commented he really liked what he and Janine said, that they keep going and have celebrations.They get something done no matter how big it is, just get things done.If you do not, people will notice REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 13 OF 29 there is nothing getting done.He likes the way they speak.He and Janine are doing a great job. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated it was interesting about putting these plans on the shelf.He is concerned as there is still no transportation in these plans. They spent a lot of money 10-12 years ago on a plan that was well supported by the people and they have not seen it since. He hopes it will resurface in this downtown strategy.They need to remember the people.He asked if any of them would take a pledge to not go over budget like they did on this building and several others. Mayor Insalaco stated they did not go over budget.He is tired of Mr. Fisher saying they went over budget.They decided to add things.He is tired of his saying they went over budget on this city hall. Mr. Elliott Fisher stated it was in the paper. Mayor Insalaco stated they did not go over budget.They added things to the city hall. Mr. Elliott Fisher apologized.He commented on Mayor Daly putting planters in throughout the City of Chicago and he took a lot of heat for it. When it was done, the tourism went up and the image went up because of those planters.They were cheap but they helped. They do not have to spend a lot of money but they have to consider the people and how they are going to get there. Mr. Jeremy Hoenack addressed the council.He commented he applauds the plan.He thinks it is very good and likes the fact that it deals with the transition area and different perspectives.It is great the city is looking at economic development, along with latitude on nonconforming properties and additional signage. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 14 OF 29 Ms. Liz Reynolds addressed the council.She stated Jeremy owns the building that Jakes-0- Mine is in.They looked at ways they could increase business. One of the biggest issues is it being seen by customers from the street.It is a real concern and Jeremy is looking to buy a new sign.She asked if there is a procedure in place for them to look at. City Manager George Hoffman commented they will ask Janine to follow up and find out the details of her question and her interest and see where she can help. Councilmember Dietz asked if they are taking the existing sign down that has all the other businesses on it and rebuilding it. Ms. Liz Reynolds stated she did not know, she was here asking for help.Jeremy has all the statistics. Councilmember Dietz commented they should get with Janine. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Barker thanked G & G for taking those early Arizona Main Street plans and folding them right into this.The public that has been here for awhile should recognize a lot of this.A lot of the drawings are very similar.It is something they wanted 20 years ago and appear to still want, which is nice to know.The public has retained a focus on what they want.She added for Mr. Fisher's benefit that the transportation item is in here but he will have to read it on the web. Councilmember Serdy commented if they will remember, he did a presentation three years ago on the medians just as the economy starting tanking.He thinks that some of the Main Street businesses will kick in and help as well.Fry's just did a big expansion.He thinks that once this REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER7, 2010 PAGE 15 OF.29 starts happening, they can revisit it.Superstition Harley wants to kick in.There will be other opportunities to spread the cost out among the people in front of their businesses. Vice Mayor Eck agreed.It is all about business in the long run.It is about economics. Mayor Insalaco closed the item with no further discussion and called for a ten minute break. Mayor Insalaco reconvened the meeting. RESOLUTION NO. 10-35, APPROVING THE PROPOSED 2010 APACHE JUNCTION GENERAL PLAN ) )Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He asked if this is state law that this goes to the voters or if the city is doing this on its own.He is glad to see it. Mayor Insalaco stated it is state law. Mr. Elliott Fisher stated it was not the case of it going to the voters 10 years ago.There were a lot of town hall meetings and there seemed to be a lot more public involvement during that process.This one seemed to go through quietly with not much being said.If it goes to the votes, more will be hashed out.He has not seen the document, but in general, the city seems to do what it needs not what the public needs. Mr. Bryan Martyn, Pinal County Supervisor, 575 N. Idaho, Apache Junction, addressed the council.He advised the county thanks them for working so REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 16 OF 29 diligently and appreciated the public involvement that he attended.They were responsive and made changes that demonstrated their willingness to see if recommendations would work.It is a good plan and demonstrates that the city is progressive and is looking at what it wants to be.The residents are given an idea of where they want the businesses to be and where they can raise their kids.It is a tool that allows them to grow in a predictable manner. Ms. Michelle Green, State Land Department, 1616 W. Adams, Phoenix, addressed the council. She echoed Supervisor Martyn's comments about the involvement that has gone on during this plan.Staff has worked very hard to keep State Land involved.There is a good working relationship.It was done internally with very little resources.She believes it is a good plan. They have three issues.First is the planning area boundary, ongoing for years since the Superstition Vistas project.Several cities are working cooperatively and her department has asked all the cities to not extend planning area boundaries until the planning effort is complete.There was a tentative agreement in 2007 regarding this.They think it is premature.The second point is the master planned community designation should apply to other areas of the city besides State Land.It is meant to apply to areas 640 acres or greater.The third issue is the wildlife corridor.There is a goal relating to wildlife corridors that is very specific to State Trust Land.It talks about preserving them on State Trust Land.Wildlife corridors are a good thing to do, but it should not be based on land ownership patterns.It should be based on wildlife studies and science.There should be appropriate methods to acquire the land for wildlife corridors.State Land manages 9.2 million acres in trust and we have a judiciary obligation to raise money for the benefit of the beneficiaries of that land.It is not really public land.They have to be concerned and mindful of how the land is used.They have to make sure the beneficiaries, the largest of which are the schools, are compensated for what happens on the land.Another issue not in the letter, but reading through the comments on the plan, is the trails. She brought with her a brochure that talks about how to get trails on State Trust Land, what can be done on it and how to get recreation from it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 17 OF 29 Mr. Wayne Standage, 1920 E. 29th Avenue, Apache Junction, addressed the council.He stated there are 2 issues today:the G & G Consultants plan and the general plan.He is retired and enjoys research.He has talked to staff on both issues; they have been available and listened. They emailed copies for his review.There is no hidden agenda. Everything is public.This works for him. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Coleman commented he appreciated the comments given thus far.He appreciated Ms. Green's comments about this being premature, but the general plan is only voted on by the community once every ten years.This is our opportunity to let others know what our intentions are.We have been very consistent with our message. The first time he talked about the south corridor being a growth potential publicly as an elected official was in 1991 when Mayor Mark Schnepf of Queen Creek was the chairman of a regional landfill siting committee, and they were proposing to put a regional landfill down there.He spoke against the landfill saying that is the one direction Apache Junction can grow. Their message has been very consistent that way for a long time. He asked if it is noted anywhere that our real intention is to go to the north side of the 802, wherever that is located. Development Services Director Brad Steinke stated the planning area map in words underneath states "final planning area boundary in this area to be determined upon final freeway alignment and in conjunction with the Town of Queen Creek".We do not know yet, but when we do, we will get together and adjust it as necessary. Councilmember Coleman commented he does agree with the two other recommendations in the State Land letter.He does not think those two items should be owner specific.He asked if it needs to be in the resolution. Development Services Director Brad Steinke stated there may be some other changes they wish to REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 18 OF 29 make.He requested they list them all.Others may have some as well.He agreed that she is correct in both of those.He can make those adjustments by pulling out the specific reference to a property owner. Councilmember Wilson commented the city has had the opportunity to talk to several of the council members from Queen Creek.During these conversations he was sought out by them.They knew they.had voted on and sent a letter to us regarding the overlap.They said they understand and wanted to make sure that he understood and the city council understood that it is an area we can all work together on.They encouraged communication.The overall gist of the conversation was to stay in communication and work together on that area.He commented in Chapter 5 he and Brad had talked about alternative modes of transportation.He understands bicycles and electric vehicles.He asked if they could add.a horse-drawn cart or carriage and have them follow the state rules of the road.In Chapter 5 strategies, he would like to see them add equine friendly crosswalks where they are marked a little different than normal pedestrian crosswalks.He would also like an equine friendly traffic signal with a button higher up for equine traffic at major .intersections.In Chapter 9 he would like to add horse and cart .traffic having the ability to get the keys from parks and recreation to go through the gates to use.the trail system.And in Chapter 11, map 11-2, it 'lists 17 and 18 as Animal Control and Public Works, but they are missing on the map.Numbers 13 and J4 were put in their places . on the map, which are two of the schools.They are on the map twice.He -believes it is just an oversight. Councilmember Barker commented she would liketo see a word -change on the map.She would like to see the -words "in this -area" on that map changed. It would read.better and be more clarified if it said "the final plan of the southern -boundary".That way whoever looks at it will realize they are not talking about the entire area Development Services Director Brad Steinke agreed. Councilmember Barker commented Ms. Green mentioned something about trails on State REGULAR MEETING OF THE :CITY COUNCIL SEPTEMBER7,:2010 =PAGE 19 OF 29 Land.She was interested in how that might fit in the general plan or if it needs to be in the general plan.She asked if it is a process she was talking about. Development Services Director Brad Steinke stated it does not hurt to put in under the Circulation Goals and Objectives to work with State Land Department on properly identifying and implementing the trail system through State Trust Land property. Assistant City Manager Bryant Powell commented one area he wanted to look at was the southeast corner of the freeway and Tomahawk, across the street from Earnhardt's.It is showing high density residential.Rudy and he were checking the definition of major plan amendments.They have had people in the past come in and check about rezoning it to commercial.He would like to avoid a major plan amendment if someone comes in. There was general discussion on the two properties north of the Denali Mobile Home Park. Development Services Director Brad Steinke stated a residentially zoned property in the general plan to be rezoned to a commercial property would be a major general planamendment.He asked if they wanted to recolor those properties or put a paragraph in the,major plan amendment stating this does not apply to that property.He would feel more comfortable to paint it commercial.He asked how many acres were involved. Senior Planner Rudy,Esquivias stated it -is:under -10 -acres. Development Services Director Brad Steinke stated if it is less than 10 acres it does not qualify for a major planned amendment.Since they do not have the survey in front of them, he requested they give him direction to change it if it is over 10 acres to commercial land use and to leave it alone if it is less than 10 acres. Vice Mayor Eck asked if the south side was county land. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER ,7, 2010 PAGE 20 OF 29 stated the discussion Senior Planner Rudy Esquivias south side of the property is a county island. Mayor Insalaco closed the with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FINDING AND DETERMINING CERTAIN FACTS AND ADOPTING THE 2010 GENERAL PLAN, AND SUBMITTING THE PLAN TO CITY VOTERS AT THE MARCH 8, 2011 ELECTION FOR RATIFICATION, BE APPROVED WITH THE FOLLOWING AMENDMENTS:THAT FIRST IN CHAPTER 5, THAT WE ADD EQUINE FRIENDLY CROSSWALKS, EQUINE FRIENDLY ACCESS STOP LIGHTS; IN CHAPTER 9, THAT WE LOOK AT A CONNECTION FOR HORSE DRAWN VEHICLES USING EXISTING GATES WITH THE ABILITY TO POSSIBLY GET THE KEYS FROM PARKS AND REC; IN CHAPTER 11, MAP 11-2, RENUMBER THOSE LOCATIONS AND MAKE SURE THAT THEY ARE APPROPRIATE, THAT IS 17, 18, 13 AND 14; THE MAP ON 4-2, DELETE THE WORDS "IN THIS AREA" AND REPLACE THEM WITH "THE SOUTHERN BOUNDARY"; AND IN CHAPTER 4, THAT IT BE NOTED THAT THIS SHALL APPLY TO ANY PARCEL LARGER THAN 640 ACRES, THE MASTER PLANNED COMMUNITY; IN CHAPTER 7, THAT THE WILDLIFE CORRIDORS NOT BE DEPENDENT ON LAND OWNERSHIP AND THAT SOME MANNER OF ACQUISITION BE ADDRESSED; AND THAT A STATEMENT IN THE OBJECTIVES IN CHAPTER 5 UNDER ALTERNATIVE TRANSPORTATION, THAT WE ADD SOMETHING THAT INDICATES THAT WE WILL WORK WITH STATE LAND TO PROPERLY IDENTIFY AND IMPLEMENT ANY TRAIL SYSTEMS IN THAT AREA; AND THAT ON THE LAND USE MAP FOR (1) THE AREA OF TOMAHAWK AND US 60, THE SOUTHEAST CORNER, IF THAT IS MORE THAN 10 ACRES, IDENTIFY IT AS COMMERCIAL. Councilmember Wilson AMENDED THE MOTION TO ADD IN CHAPTER 5 SOME KIND OF STATEMENT ABOUT HORSE DRAWN VEHICLES FOLLOWING THE STATE RULES OF THE ROAD. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1365, AMENDING THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 21 OF 29 CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-1 PROPERTY MAINTENANCE STANDARDS, SECTION 9-1-2 CARGO CONTAINERS )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Barker commented it is so much clearer it actually makes sense. Mayor Insalaco opened the public hearing on the item. Ms. Denise Moulson, 2094 W. Windsong, Apache Junction, addressed the council.She stated she came to the city council on March 17, 2009 regarding a semi truck trailer parked on residential property of less than a quarter of an acre.They were being used for storage containers on residential properties.She is hoping this will end that issue, whether the people are moving them or not moving them on their property.She was concerned on how it would be enforced and who would determine if it is considered a storage container. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He asked how long the cargo container issue has been going on.He requested they resolve it or form a commission for appeals on cargo containers or put some type of menu vote before the voters on the issue.They have the authority to put anything on the ballot. City Clerk Kathleen Connelly stated Mr. Fisher is incorrect.The council does not have absolute authority to put anything and everything on the ballot. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Coleman asked if the city attorney could answer the questions on who would be making the call, enforcing it and determine if it is not being moved and is being used as storage. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 22 OF 29 City Attorney Joel Stern stated the responsibility of this ordinance falls under the Development Services Department.A complaint would come in.It would be routed to the code compliance officer who has that area.They would go and check to see what kind of conditions match the complaint, and make an initial determination.Many times they are not positive so they will check with a supervisor or a planner.They would confirm the complaint one way or another.At one point there would be a notice that goes out as a violation.That could be appealed as it states in the ordinance.At one point someone may get a citation.They would be civil citations at first.The change is it does not go to the board of adjustment.We also had a case where there was an appeal.The person who appealed believed they could appeal the 1.25 acre declaration.That was not the intent of the original or second code.It was a hole in the ordinance, and it has been fixed here so that it is not an appealable issue.What are appealable are the conditions of which the development services director or his designee says they can have the cargo container under, but not the 1.25 acre issue. Vice Mayor Eck commented he believes Denise spoke tonight because of what she brought up to us several months ago.We did the changes, but he does not believe there was that much done in the field.From that time when the ordinance was changed, not much had been done.We are changing the ordinances and we are not getting the information to the employees and letting them know of the changes.It is time for new enforcement. City Attorney Joel Stern stated he could defer to Brad on what was done.He could give you a brief history on it.He did not think he would like to give him all the history.He could give him a brief description on the change done 2 years ago and what was done on the enforcement issue. Vice Mayor Eck commented he does not believe this change was 2 years ago. City Attorney Joel Stern stated he believed it started about 2 years ago.There were REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 23 OF 29 some administrative actions that were taken, letters went out and some people were cited. Development Services Director Brad Steinke stated illegal semi trailers on residential properties are not on our list of proactive items.If there is a complaint, staff will go and address that complaint.Prior to tonight, and after tonight on certain properties under certain instances and circumstances, one can still have a semi trailer or a semi cab on a residential property.After tonight, if that semi trailer is being used as a cargo container for storage, it is no longer allowed.That is what they have done tonight.In the case of Denise's situation, if this property owner is using this semi trailer as storage and we can see that, view it and understand it, then he will now be in violation. Vice Mayor Eck commented he thought they had passed that 6 to 8 months ago. Development Services Director Brad Steinke stated it took a long time to get here. Mayor Insalaco commented he had said that -the -code enforcement person will go out there. They have been on the job long enough to know what a cargo container looks like and a trailer looks like.They should be able to look at.it and say it is not right. Development Services Director Brad Steinke stated up .until tonight a semi trailer qualified legally asa cargo container. Councilmember Wilson asked if they can still have a semi trailer on their property as long as it is not being used for storage.He asked what proof the city has to come up with to ensure that or is this going to be a problem. Development Services Director Brad Steinke stated if they see the truck -driver hopping in and moving back:and.forth using the truck, it is being used for his profession They will probably assume that is not being used for a storage:container.It is being -used as part of his job. REGULAR MEETING.OF'THE:CITY COUNCIL SEPTEMBER 7, 2010 PAGE 24 OF 29 If one is sitting there, weeds are growing underneath it, we know it is not moving, the neighbor tells us it has not moved for 6 months, and they can get an objective neighbor to say they are pulling stuff in and out of there and are using it for storage, or if they can get a picture of it, that appears to be a reasonable situation and they will get rung up.But it has to be on a basis of complaint right now. Mayor Insalaco asked what if they have an empty trailer there that has been sitting for 6 months.It has been sitting there without a tractor in front of it. Development Services Director Brad Steinke stated if it is sitting there and not being used as a cargo container, it is arguably not against the law they just passed. Councilmember Dietz asked if it still has to be licensed. Councilmember Wilson asked what if the license is expired. Development Services Director Brad Steinke:stated it still has to be licensed and operable. Councilmember Wilson stated they still have other avenues.If it is not licensed or it has been expired'for .:a year, that is showing it is not being used on the math Development Services Director Brad Steinke stated the best way to prohibit people from having semi trailers on their residential property is to flat out outlaw them.There are then no questions.That is a tough one for everybody here, but that is the cleanest way to do it. Mayor Tnsalaco commented that would be hurting -a:lot of people that drive for a living.He then closed the -discussion with no further comments and called' for a motion. REGULAR.MEETING OF THE CITY COUNCIL SEPTEMBER 7,,2010 PAGE 25 OF 29 Councilmember Barker MOVED THAT ORDINANCE NO. 1365 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1365, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, SEPTEMBER 20, 2010, IN THE CITY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 26 OF 29 COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, SEPTEMBER 21, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Jeremy Hoenack, 1985 W. Apache Trail, Apache Junction, addressed the council regarding signage. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding putting questions on the ballot and his recall drive. Councilmember Serdy commented signs have been discussed several times and he has been trying to get them to relax the guidelines.He is hoping that with the information G&G Consulting is giving them they will have a better understanding that they do need to help.He urged him to be patient as he thinks there will be some positive changes within the next year. Vice Mayor Eck agreed with Councilmember Serdy and commented the city is lacking with the LEED certified signs. Mayor Insalaco commented to Mr. Hoenack that before he was here, he had his store in that plaza where he says that sign is atrocious.The city has tried to work with the man who owns the plaza but it is very difficult.The city does not like the sign but he will not bend or work with the city at all.That is why the sign still stands that way.The city has no control over it at the moment.He is new to the community so he is unaware of why that sign is the way it is. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 27 OF 29 )Mayor Insalaco adjourned the meeting at 9:40 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of August 17, 2010. 3. Consideration of approval of the purchase of a street sweeper through HGAC Contract #SW04-10. 4. Consideration of Employment Agreement for City Attorney. 5. Consideration of award of Bid PR -10-1 for the landscape maintenance of Renaissance Point, Arroyo Verde, Phelps Drive Phases I and II, Ironwood Cove, Royal Palm Rd., Ironwood Dr. Exit, Goldfield Rd. Exit and Tomahawk Rd. Exit in an amount not to exceed $78,535.60. ACCEPTED THIS 5TH DAY OF OCTOBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF OCTOBER, 2010. ATTEST: 1ELLYKATHLEEN CONNELLY City Clerk I FP S. INnLACO MA7r11,"ayor 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 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 28 OF 29 Council of the City of Apache Junction, Arizona, held on the 7th day of September, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of September, 2010. 42,„ KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 29 OF 29