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HomeMy WebLinkAbout2009-06-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 16, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 16, 2009, 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 7:04 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Wilson (appeared telephonically) Staff Present: (Councilmember Dietz was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Public Works Director David Fern Development Svcs. Director Brad Steinke Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 1 OF 26 Others Present:Captain Tom Kelly Program Coordinator Heather Patel Grants Coordinator Roger Hacker Building Official Dennis Dixon Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER MOVING CALL TO THE PUBLIC TO FOLLOW ITEMS NO. M20 AND M21 AND THAT THE MAYOR OR VICE MAYOR BE AUTHORIZED TO ADJOURN THE MEETING IF ANYONE BECOMES DISORDERLY, UNCIVIL OR MAKES PERSONAL ATTACKS DURING CALL TO THE PUBLIC; AND I ASK THAT ITEM NO. 3 BE DELETED OFF THE CONSENT AGENDA; AND THAT RESOLUTION NO. 09-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 STRENGTHENING COMMUNITIES FUND -STATE, LOCAL AND TRIBAL GOVERNMENT CAPACITY BUILDING PROGRAM, BE APPROVED; AND THAT RESOLUTION NO. 09-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING ITS SUPPORT FOR GOVERNOR JAN BREWER'S FY 2009-10 BUDGET PROPOSAL, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE AMENDED AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR THE LANDFORM ROCK GRAPHICS AT GOLDFIELD AND U.S. 60 AND AT TOMAHAWK AND U.S. 60; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL TO REJECT ALL BIDS ON PROJECT PW-2008-12 FOR ROADWAY AND DRAINAGE IMPROVEMENTS ON IRONWOOD DRIVE FROM BROADWAY AVENUE TO 16TH AVENUE DUE TO THE HIGHWAY USER REVENUE FUNDS DECLINE; AND THAT RESOLUTION NO. 09-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 2 OF 26 SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS tt*Ibii4 THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION (1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE CONTINUED AND BE PUT UNDER NEW BUSINESS; AND THAT RESOLUTION NO. 09-30, A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE APACHE JUNCTION, ARIZONA, APPROVING THE . SUBMITTAL OF. PROPOSITION 202 FUNDS, BE APPROVED. Councilmember Barker SECONDED THE MOTION. Councilmember Coleman commented THEYJDID NOT WANT TO CONTINUE THAT ITEM, JUST MOVE IT TO NEW BUSINESS. Vice Mayor Eck commented that is what hemeant.He asked if that is what he said. Councilmember Barker SECONDED THE ITEM: BEINGMOVED TO NEW BUSINESS ONLY. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating July 25, 2009 as "Pinal County National Day of the Cowboy" and presented it to Kevin Thompson, chairman of the Apache Junction Chamber of Commerce Mayor Insalaco presented a retirement plaque. to Sergeant Teresa Rodgers.Department of Public Safety Director Jerald Monahan gave a presentation on the highlights of her career, and presented her:with a flag flownover the polite station in her honor, a retirement badge and:her retirement credentials. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 3 OF 26 Councilmember Serdy commented there will be some councilmembers in the dunk tank at the Foufth Of July Celebration. Councilmember Serdy apologized for saying at the work session last night that the government was spending like a bunch of drunken soldiers; he meant to say drunken sailors. CITY MANAGER'S REPORT City Manager George Hoffman thanked the public works department for their preparation for Flag Day.Assistant City Manager Bryant Powell gave a presentation on the Workforce Investment Act which is the old Job Training Program for students working in the summer.There was general discussion on where the students were from. PUBLIC HEARINGS ORDINANCE NO. 1343, AMENDING THE CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 6.0130 EQUINE REGULATIONS ) )Mayor Insalaco read a letter from Councilmember Chip Wilson requesting this item be continued so that he may be in attendance in person instead of by telephone. Vice Mayor Eck agreed with the letter since, he has been involved with this since its creation.He is in Washington, D.C. attending the meeting by satellite.He does not like to continue things, but in this situation he is all for continuing it to the July 7 meeting. Councilmember Barker agreed with continuing the vast majority of this but she would like to tackle the fence issue tonight. Councilmember Wilson commented if they can continue it, he requested the people in attendance put off their comments until the July 7 meeting.He apologized to them as he knows that some of them may not be able REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 4 OF 26 to attend and speak on July 7.If they cannot wait until July 7, they can make their commehtS.It is hard for him to hear, in fact, he is getting an echo.He appreciates everyone being willing to postpone it. Mayor Insalaco commented he thinks a 6' fence height is reasonable.If they can see through the top 18", he would not mind a pony wall.It could be 18" wrought iron or chain link.A 6' block wall or a 6' chain link with slats through it would not be acceptable. Councilmember Barker commented she thought that what is in this proposed ordinance will be acceptable.It states that fences 4'6" in height but no more than 6' in height may be allowed subject to a conditional use permit in the front yards of licensed, commercial, horse boarding properties without a building permit, and that the fence design shall allow a minimum of 25% transparency to allow visibility through the fence.She asked if that is what he had in mind. Mayor Insalaco stated it is. Councilmember Barker commented she thought it was well written the way it was. Vice Mayor Eck agreed.His concern is that all these people have come to speak.He asked if they would now have a massive public hearing on one item out of four items. Mayor Insalaco commented he thought it might make it a little easier for the following meeting if they got rid of this one issue.It would make things easier for staff, the council and the public. City Attorney Joel Stern stated pursuant to the open meeting law, because this has been advertised as it is, anyone can speak on any issue that they like.Councilmember Wilson is on line and has asked that they withhold their comments, but they do not have to.Anyone can speak on this for the three minute period. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 5 OF 26 Councilmember Serdy agreed with trying to streamline thi and Save the city money by not having to spend more time on it.He dbes not have a problem with transparent fences in the rural areas.In the area he lives, where it is densely populated, they should not have them. He does not like walls, but as long as they can see through it for safety and aesthetics, he does not have a problem with it either. Mayor Insalaco opened the public hearing on the item. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council.He requested everyone honor the request of Councilmember Wilson and wait until it can be discussed in his presence. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he believed it would set a bad example for the future if they make an exception for Councilmember Wilson on this important issue. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented he believes the people here tonight are pretty much in line with Councilmember Wilson and that is why they did what they did in not speaking. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1343 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 6 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1343, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT EVERYTHING BE EXCLUDED FROM THE ORDINANCE WITH THE EXCEPTION OF ITEM NUMBER B 12; AND THIS ORDINANCE BE REDRAFTED AND RENUMBERED WITH ALL THAT IS IN IT CURRENTLY INCLUDED, AND THAT BE CONTINUED TO JULY 7. Vice Mayor Eck SECONDED THE MOTION. City Clerk Kathleen Connelly asked for clarification. Councilmember Barker stated she is asking that they exclude everything except B 12 which is the fences, then take the rest of the ordinance, redraft it without 12 because we do not need it anymore, renumber it because we are already using this number, and bring it back to the council on July 7. City Clerk Kathleen Connelly stated that would be as a new ordinance. Councilmember Barker stated that is correct. City Clerk Kathleen Connelly asked if there would be enough time to advertise that as it would be a new ordinance. City Attorney Joel Stern stated he thought it would be a bit tight.He asked Rudy to advise them of the advertising requirement. Senior Planner Rudy Esquivias stated an ordinance normally has to be advertised 15 days before it can be heard at a public hearing.And, because we are now advertising under the Phoenix/Mesa Republic, they have a REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 7 OF 26 different scheduling system than the other so they actually need more days to get the ads in. There was general discussion as to when they could bring back a new ordinance.It was determined it would have to be August 4. Councilmember Coleman asked if Councilmember Barker had wanted to approve the one provision and then continue the rest. Councilmember Barker stated that is correct. City Attorney Joel Stern stated if she is continuing the rest, she is technically continuing under Ordinance No. 1343.She was correct in saying to renumber it with a new ordinance number.They do need a new ordinance number. Councilmember Coleman stated he would like to offer a substitute motion.He MOVED TO CONTINUE THE WHOLE THING. Vice Mayor Eck commented they may as well continue it all. Councilmember Coleman commented they would not have to pay to advertise it again. They can set a date. Councilmember Barker agreed. Councilmember Coleman commented he is a little concerned about provision 12.It does not have any direction as far as materials.They could put up a sheet of 6' high plywood, drill holes in it and call it a view fence. City Attorney Joel Stern stated he wanted to clarify that they would be bringing it back on July 7. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 8 OF 26 City Clerk Kathleen Connelly asked Councilmember Barker if she would like to withdraw her motion. Councilmember Barker WITHDREW HER ORIGINAL MOTION AND SECONDED COUNCILMEMBER COLEMAN'S MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1340, CASE AN -1-06, PROPOSED ANNEXATION OF APPROXIMATELY 123 ACRES OF VACANT LAND AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN, OWNED BY FORTUNE TRAVEL INC./ORDINANCE NO. 1341, CASE PZ-6-05, REQUEST BY FORTUNE TRAVEL INC. TO REZONE 111 ACRES OF THEIR 123 ACRE PROPERTY FROM GENERAL RURAL TO TRAILER HOMESITES BY PLANNED DEVELOPMENT ) )City Attorney Joel Stern briefed the council on the items. Mayor Insalaco opened the public hearing on the items. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated this property is the gateway to the city and something more interesting than manufactured homes should go in.It should also not be a 55+ community as they are on fixed incomes. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council.She suggested they tour their Mesa location as those are luxury homes that look foundation built. Mayor Insalaco commented they have gone there. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 9 OF 26 Mr. Charles Bunten, 1680 N. Starr, Apache Junction, addre ed the council.He stated he owns two homes with a value he determined is within his income having retired from 2 companies.He suggested they talk to the residents of the exclusive homes and see if they are 55 or over. He added it does not matter what goes in for this project if it does not bring in money.The developer is bringing what they can develop and sell, and the residents need to respect that. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, addressed the council.He stated there currently is no entrance to the city off the freeway at Meridian; he understands the development is for half of a cloverleaf there when it happens so it will still not be an entrance to Apache Junction. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the items to council discussion. Councilmember Coleman commented the half cloverleaf will be an exit. Mayor Insalaco state it will be an on ramp westbound and an off ramp eastbound.It will be an entrance to the city coming from the west. Councilmember Coleman commented he had heard they were not planning on moving any dirt, but he has seen dirt being hauled in there for 3 years. City Attorney Joel Stern stated he talked to the developer about when the first permit will be obtained.Their estimate is 2 to 3 years due to the economic conditions and a cloud about how they are going to be financing to meet the requirements of the development. Councilmember Coleman commented what they really want now is the entitlement. City Attorney Joel Stern stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 10 OF 26 Councilmember Coleman commented they can now sell it off with that kind of density. He suggested continuing this to June 19, 2012. Councilmember Serdy commented he is thrilled that someone wants to bring a development here in these economic times.They may never get $300,000 homes again. A lot of the $300,000 homes are selling for $100,000 now. Everyone may be looking at this now.He is happy they are choosing Apache Junction to bring new residents here. Vice Mayor Eck commented he believes one of the issues for their not pushing any dirt for 2 to 3 years is they are not going to be pushing any dirt for actual development.He hopes it is not that they are going to stockpile all these huge piles of dirt and let them sit. Usually they want to blade those out and compact it.They will want to get seasons of rain on it so that it will at least look like a flat field rather than a bunch of piles of dirt.When the development does come, they have other parks throughout the valley and the state; with the demographics showing he estimates 6 times the normal residents of the city.Married couples were over $300,000 per couple.The folks do have some money. Mayor Insalaco commented whether they like it or not is not the thing.These developers do nothing but these parks.They have been told the developers have owned the property for over 15 years it will stay that way for the next 15 years.That is all these people do; they do not build homes or shopping centers.They build manufactured homes. Vice Mayor Eck commented they are single family homes. City Attorney Joel Stern stated this is one of their investments.It is their biggest investment.They are also setting aside a 12 acre parcel for possible commercial.They are intrigued with the issue of the Arizona Department of Transportation plan for the half cloverleaf.They were not aware of it.They are thinking of some kind of commercial development on that property. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 11 OF 26 Mayor Insalaco closed the discussion with no further cdriments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1340 BE CONTINUED TO THE COUNCIL MEETING OF AUGUST 4, 2009 FOR THE PURPOSE OF FINALIZING THE DEVELOPMENT AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1341 BE CONTINUED TO THE COUNCIL MEETING OF AUGUST 4, 2009 FOR THE PURPOSE OF FINALIZING THE DEVELOPMENT AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 09-31, AUTHORITY TO SUBMIT A TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY GRANT APPLICATION (FROM CONSENT AGENDA)) )Grants Coordinator Roger Hacker briefed the council on the item. Councilmember Serdy commented they are doing desert animals on the other exits.The city is always being criticized for looking for its identity and being a leader.Some of them on the council think it would be a good idea to put an image of the Lost Dutchman there rather than just REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 12 OF 26 another lizard or animal like all the other cities.That way, when you are getting off the fteeWay there, after the seeing the Lost Dutchman, you would know you are in Apache Junction, and going to the Day of the Cowboy, Lost Dutchman Days or the rodeo. It is a chance to make a bold statement with curb appeal that would really set us apart as a western community and be part of our heritage, if it is something that is acceptable.He called Tammy of the Department of Transportation today and she thought it was a wonderful idea.He is not sure what her position is and if she is in a position to say it is a wonderful idea.He asked Roger to help them and tell them what process it would have to go through or if it would work. Grants Coordinator Roger Hacker stated the application is first reviewed by the Central Arizona Association of Governments and then by the Transportation Enhancement Review Committee.Previous staff, as Tammy is new, who advised the Transportation Enhancement Review Committee and staffed that committee, had advised that the Arizona Department of Transportation liked the continuity that we had developed from one exit to the other for using desert animals.They had been advised previously to continue that motif on those exits.He does not know if Tammy was giving him her opinion or new information from the Transportation Enhancement Review Committee. Vice Mayor Eck commented they do not want to lose that or fall behind.They do not want to lose the current application.That is the biggest concern if they did not follow the format that was set years ago.He wanted to know if they wanted the Lost Dutchman if they would have to start at step A again and go through Central Arizona Association of Governments. Grants Coordinator Roger Hacker stated it they decide to go with the image of the Lost Dutchman, it would just go into their application that is due on July 13. Vice Mayor Eck asked if it would be a risk for not going with the animals. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 13 OF 26 Grants Coordinator Roger Hacker stated it is inconsist -ent with what has been done on the other exits.There is new staff so there may be new thinking. He is not dodging the issue. Mayor Insalaco commented it could be scary. Councilmember Serdy commented they did not say no.He asked what they did say, and if they just advised against it. Councilmember Coleman commented they have only done one. Grants Coordinator Roger Hacker stated they will start Goldfield and Tomahawk in July. Councilmember Coleman stated those designs have already been picked. Grants Coordinator Roger Hacker stated that is correct.One is a roadrunner and the other is a quail.In meetings a year ago with Fred Baker and Rhodes Homes/Desei.t Communities for the development of the land south of the freeway, they had gone through an extensive and expensive study for branding their community.It is no longer called Lost Dutchman Heights but Portalis.They were strongly in favor of not using the Lost Dutchman image on that exit because they thought that would confuse the new name of the community with the old Lost Dutchman Heights.They had correspondence with Mr. Baker regarding that advice. Vice Mayor Eck asked to which exit that referred. Grants Coordinator Roger Hacker stated that was for Idaho. Councilmember Barker commented they have been advised that they probably would not like the Lost Dutchman by the Arizona Department of Transportation in the past. REGULARI MEETING OF THE CITY COUNCIL JUNE 16,.2009 PAGE 14 OF 26 Grants Coordinator Roger Hacker stated that is correct. Councilmember Barker stated they have also been advised that the developers building to the south of us in the future would probably not like the Lost Dutchman either. Grants Coordinator Roger Hacker stated there is no probably in that statement. Councilmember Serdy commented Portalis, if it ever happens, would be a part of Apache Junction, and their children would go to Apache Junction High School and they would be prospectors.He is proud of Apache Junction and that they are prospectors. Vice Mayor Eck commented Portales is so far east, they would be getting on the freeway out by Twin Knolls.Look where the landfill is, it is at Tomahawk.They will not be west of that.The heart of Portales is further east of the landfill. Assistant City Manager Bryant Powell stated his reference to Portalis is Baseline on the north, Elliott on the south, Meridian on the west and Barkley on the east.The Rhodes Homes area, which is the actual Portalis of 1,100 acres just south of Baseline, is east of Idaho to the Goldfield area. Councilmember Coleman stated it takes in the whole 12 square miles that are in the city limits now. Vice Mayor Eck asked if it is going to go all the way to Meridian, and if the QuikTrip would be at Meridian or further east. City Attorney Joel Stern stated Portalis is going to Meridian, but he did not know about the QuikTrip.He believes the boundaries given by the assistant city manager previously are accurate. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 15 OF 26 Vice Mayor Eck commented he thought the heart of it woul3 be south of Twin Knolls. Planning Manager Fred Baker stated the boundaries are basically Baseline, Elliott, Meridian and Barkley, or all the way over to US 60 actually.It consists of all the state lands within there.There are a couple of private pieces that are not and a county island next to Meridian that is not. Councilmember Serdy commented everybody says they do not want more cookie cutter development. The people that are selling Portalis will be highlighting the mountain and the history in this area.It will not be Queen Creek or the area down there; it will be Apache Junction. Vice Mayor Eck commented he likes the idea, but there is definitely some risk involved. Mayor Insalaco commented he does not like to take the risk.He likes the Lost Dutchman there, but now it is scary to him. Councilmember Wilson asked if it would be possible to approve both of them and have Roger contact the Arizona Department of Transportation to determine if it would be allowed. Mayor Insalaco commented he was not sure if they would have the time. Grants Coordinator Roger Hacker stated he could follow up on the discussion that Councilmember Serdy had with the new staff member at the Arizona Department of Transportation to explore if there has been a change in thinking.Rather than go with 2 images, he would rather follow up on Councilmember Serdy's phone call and go forward from that point. Councilmember Barker asked if they have that kind of time. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 16 OF 26 Grants Coordinator Roger Hacker stated he can make the 'Call tomorrow. Councilmember Barker commented she meant if the council would have the time to pass it after the review. Grants Coordinator Roger Hacker stated there is nothing in the resolution that specifies the graphic. could then vote on the resolution. Hacker stated that is correct. asked when the submittal date is. Hacker stated it is July 13. Mayor Insalaco commented they Grants Coordinator Roger City Attorney Joel Stern Grants Coordinator Roger Vice Mayor Eck commented he asked if they could get a schematic of a coyote with a couple of cubs. Councilmember Serdy stated they are pups, not cubs. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 09-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 17 OF 26 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF SUBMITTAL OF 2009 LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTION )Assistant to the City Manager Ruth Giese briefed the council on the item. Vice Mayor Eck commented he believed they only had the one resolution they wanted to submit. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SUBMITTAL OF 2009 LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS:THAT WE SUBMIT A RESOLUTION SUPPORTING AN AMENDMENT TO ARIZONA REVISED STATUTES § 48-708 THAT WOULD ALLOW MUNICIPAL STATUS FOR COMMUNITY FACILITIES DISTRICTS FOR THE PURPOSE OF DESIGNATION OF ASSURED WATER SUPPLY. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. GREEN BUILDING PROGRAM )Building Official -Dennis Dixon briefed the council on the item. Councilmember Barker asked if he had $3,500 buried somewhere in his budget that they could use for this purpose. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 18 OF 26 Building Official Dennis Dixon stated he does not have a budget. Assistant City Manager Bryant Powell stated they do have that funding in the budget. Vice Mayor Eck commented he thinks a lot of the incentive would not necessarily be from the city to the builder as much as from the builder to the seller. He would love to buy a green home, especially if it would save on utility costs and especially if it would save on the electricity.He knows there are some communities that give the builders incentive for that, but he really thinks the incentive is between the seller and the buyer.The buyer is the one who makes out. Building Official Dennis Dixon stated they would not be giving out monetary incentives. Vice Mayor Eck commented they are not, but they have discussed it. Mayor Insalaco commented he saw one family resident at the Habitat for Humanity subdivision the other day and his electric bill for May was $62 fora house with those solar panels. Councilmember Coleman commented there are some less than that.Nichole who works at the school had one better than that. Mayor Insalaco stated it is a big plus for_the buyers of these homes. Building Official Dennis Dixon stated it is the future.We are basically encouraging builders to take advantage of the opportunity to be well known. We would basically be helping them:out in marketing. Councilmember Coleman asked what the components -of this are, and if it included a water component. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 19 OF 26 Building Official Dennis Dixon stated there is definitely a Water component. Councilmember Coleman asked if there is an electric component and design. Building Official Dennis Dixon stated there is an energy efficiency component which has lots of different components in it.There are 5 components: energy efficiency, water conservation, the amount of debris that is taken to the landfill, indoor environmental air quality, and the reuse of materials where you use recycled materials instead of new, virgin materials. Councilmember Coleman asked if the green part can be part of the general plan. Building Official Dennis Dixon stated green, sustainability and all those other words get intermingled and are synonymous.There is a green element with planning.This is the building element, but there is a site design.All of the other planning terms he will hear are part of it.This is strictly aimed at individual sites in the buildings that are on the sites that he is referring to. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING A GREEN BUILDING PROGRAM:THAT WE CREATE A CITY -SPONSORED PROGRAM THAT WOULD EDUCATE BUILDING DIVISION STAFF AND DEVELOP AND IMPLEMENT AN APACHE JUNCTION VOLUNTARY RESIDENTIAL GREEN BUILDING PROGRAM SIMILAR TO THE CITY OF SCOTTSDALE WITH AN ESTIMATED START UP COST OF $3,500.00 FOR STAFF TRAINING. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 20 OF 26 GENERAL PLAN UPDATE )Development Services Director Brad Steinke briefed the council on the item. City Attorney Joel Stern asked what managing the project means on bullet point number two. Development Services Director Brad Steinke stated the planning and zoning commission will be the body that reviews the drafts with staff, that helps staff to approve and assign public information strategies to the public, they will sponsor two public hearings, and they do probably most of the heavy lifting on reviewing the drafts in order to deliver it to the council as one, whole document.The planning and zoning commission would be that body rather than an advisory committee which some communities use. Councilmember Coleman commented he thinks planning and zoning would be very good for receiving public input and making recommendations, but he does not want to wait until the plan is all done before it comes to the council.They need to have periodic review by the council, perhaps as a section is completed or something like that. Mayor Insalaco agreed. Vice Mayor Eck commented it could go so many different directions. Development Services Director Brad Steinke stated he would plan to come back to them at the next meeting with the public participation strategy that the state law requires so that they can sign off on what the city is going to do with outside public input.As part of that, staff should come back to the council at least once a month to give them an update on where they are.They would be invited to all the planning and zoning commission meetings if they would like to attend.They can give them an update on where they are with the plan and share the drafts with them as well. Mayor Insalaco commented the council is not supposed to attend those meetings. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 21 OF 26 Development Services Director Brad Steinke stated it will be easy for them to provide the information to the council as they go on. Vice Mayor Eck commented he thought it was the council's responsibility to create a new general plan every 10 or 15 years.He asked if they are within that time frame. Development Services Director Brad Steinke stated that is correct.By 2010 they must either adopt a new general plan or amendment to that plan, or readopt the existing plan. Vice Mayor Eck commented he is not sure if they can address some of the problems they are having in the general plan as they are zoning issues, such as the growth down south, and industrial next to residential. Development Services Director Brad Steinke stated if it is policies that they need to discuss, for example what the rural area or downtown want to look like, the word sustainability was never used in 1999.A lot of things and demographics of the community have changed.They talk about goals, objectives and strategies to meet those policies and then they have an implementation plan at the end.It is probably the most important part of the plan; how it is to be implemented. That is where the connection between the plan and zoning is talked about. Vice Mayor Eck asked what the plan elements are that he is asking them to accept. Development Services Director Brad Steinke commented they are elements the state requires them to have. Councilmember Barker commented the state requires elements for land use, circulation, growth area, environmental planning, costs of development, open space and water resources.The additional elements are public services and facilities, housing, economic development and energy. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 22 OF 26 Development Services Director Brad Steinke stated he belieVes they can add those additional elements within our budget and time frame, and they will be helpful to the city. Vice Mayor Eck commented he does not see anything about industrial or commercial.He asked if that is taken on somewhere else. Development Services Director Brad Steinke stated that is under land use where they can discuss the different land use categories in the city. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE GENERAL PLAN UPDATE:THAT WE PROCEED WITH WORKING TOWARD ADOPTION OF A NEW GENERAL PLAN USING IN-HOUSE STAFF FOR THE PROJECT, THAT WE USE THE PLANNING AND ZONING COMMISSION TO MANAGE AND THAT THOSE PIECES OF THE GENERAL PLAN BE BROUGHT BACK TO THE COUNCIL ON AT LEAST A MONTHLY BASIS, THAT WE ACCEPT THE PLAN FRAMEWORK AS PRESENTED IN THE MEMO FROM DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE DATED JUNE 4, 2009 WITH THE TIMELINE AND ELECTION DATE OF MARCH 2011, AND THAT THE NEW GENERAL PLAN INCLUDE THE ADDITIONAL PLAN ITEMS OF PUBLIC SERVICES AND FACILITIES, HOUSING, ECONOMIC DEVELOPMENT, AND ENERGY. Vice Mayor Eck SECONDED THE MOTION VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 6, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 23 OF 26 THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, JULY 7, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Debra Weller, 471 W. 21st Avenue, Apache Junction, addressed the council to thank various departments for their assistance in moving their business to Apache Junction.. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding larger properties getting more consideration for temporary housing, the $3,500 budget for staff on green buildings, and asked if the tax would sunset that was for the Capital Facilities Plan. Vice Mayor Eck commented he agreed with Mr. Fisher on the equality ofproperty rights but this really comes down to lot coverage.In a smaller subdivision, it would be using up too much lot coverage as compared to an acre or 1.25 acre.He also stated that the Capital Facilities Plan tax will sunset in August 2010, and it will be final unless there is some new project or something going on, then the tax definitely will sunset. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8:.26 p.m. Consent Agenda Items -are as follows: 1. Acceptance of Agenda. 2.Acceptance,of Minutes of Regular Meeting of June 2, 2009. REGULAR MEETING OF THE CITY COUNCIL JUNE 16;-2009 PAGE 24sOF 26 . 3. Consideration of approval of Resolution No. 09-33, declaring support for Senate Bill 1251 (Nelson, R-12) public -private transportation partnerships. 4. Consideration of proposed Resolution No. 09-32, authorizing the submittal of an application for funding under the Strengthening Communities Fund Program. 5. Consideration of proposed Resolution No. 09-34 declaring support for a State Budget which does not further harm the financial sustainability of cities and towns in Arizona. 6. Consideration of approval of amended agreement with Arizona Department of Transportation (ADOT) for the landform graphics at Goldfield/US 60 and Tomahawk/US 60. 7. Consideration of rejection of all bids on Project PW-2008-12 for roadway and drainage improvements on Ironwood Drive. 8. Consideration of approval of Resolution No. 09-31, authority to submit a Transportation Equity Act for the 21st Century Grant Application. 9. Consideration of Resolution No. 09-30, authorizing the submittal of a grant application to the Gila River Indian community for Proposition 202 funds. ACCEPTED THIS 7TH DAY OF JULY, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY, 2009. N S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 25 OF 26 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 16th day of June, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th of June, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2009 PAGE 26 OF 26