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HomeMy WebLinkAbout2009-08-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 18, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 18, 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 7:05 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (Vice Mayor Eck was absent due to a death in the family.) 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 Parks & Recreation Director Jeff Bell Public Works Director David Fern Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 1 OF 30 Others Present: Economic Dev. Director Steve Filipowicz Asst. to the City Manager Matt Busby Senior Planner Rudy Esquivias Public Works Manager Shane Kiesow Senior Project Engineer Emile Schmid Asst. to the City Manager Ruth Giese ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 09-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE 2010 GENERAL PLAN UPDATE PUBLIC PARTICIPATION PROCEDURES, BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT NO. PW 2009-09, BULK FUEL, BE AWARDED TO SOUTHERN COUNTIES OIL COMPANY IN THE AMOUNTS OF PLUS .0075 CENTS FOR UNLEADED FUEL GUARANTEED VOLUME, PLUS .0169 CENTS FOR UNLEADED FUEL UNGUARANTEED VOLUME, MINUS .0125 CENTS FOR DIESEL FUEL GUARANTEED VOLUME, AND MINUS .0031 CENTS FOR DIESEL FUEL UNGUARANTEED VOLUME; AND THAT RESOLUTION NO. 09-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR USE OF CITY FUELING FACILITIES, BE APPROVED; AND THAT RESOLUTION NO. 09-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING THE NUMBER OF POLICE DEPARTMENT VOLUNTEERS ELIGIBLE FOR WORKERS' COMPENSATION INSURANCE; ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING A WORKERS' COMPENSATION INSURANCE PREMIUM AND COMPENSATION BENEFITS FOR POLICE DEPARTMENT VOLUNTEERS; AND REPEALING CONFLICTING PROVISIONS, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE FISCAL YEAR 2009-2010 CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES WITH THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) IN THE AMOUNT OF $20,671.00; THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 2 OF 30 COUNCILMEMBER JEFF SERDY BE APPOINTED AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT APPROVAL BE GIVEN TO THE SECOND AMENDMENT TO THE CABLE LICENSE AGREEMENT BETWEEN MEDIACOM ARIZONA L.L.C. AND THE CITY OF APACHE JUNCTION FOR A TERMPORARY EXTENSION OF THE AGREEMENT OF THE TERM TO OCTOBER 31, 2009 TO ENSURE THAT MEDIACOM IS FOUND TO BE IN COMPLIANCE WITH THE LICENSE AGREEMENT AND CURRENT LAWS AND REGULATIONS; 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 BE GIVEN TO THE SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS AND THE CITY OF APACHE JUNCTION FOR CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS' PLANNING DEPARTMENT TO PROVIDE REGIONAL TRANSPORTATION PLANNING AND OTHER TECHNICAL SERVICES FOR FISCAL YEAR 2009-10 IN THE AMOUNT OF $25,812; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE FISCAL YEAR 2009-10 CITY COUNCIL WORK PLAN BE ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous for Items 1-8 and 10-12.5-1 for Item No. 9 (Greater Phoenix Economic Council agreement) with Councilmember Barker voting in opposition. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced the Superstition Horsemens Association and the parks and recreation department are continuing to sponsor the open riding on Thursday nights at the rodeo grounds through October 8, 2009. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 3 OF 30 CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES LOST DUTCHMAN #3850) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant declined unless there were questions.There were no questions.He then 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 Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON SEPTEMBER 7, 2009 AND OCTOBER 31, 2009 FOR FRATERNAL ORDER OF EAGLES LOST DUTCHMAN #3850, SUBMITTED BY TERRANCE BROWNELL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES/PATIO PERMIT ON THE LIQUOR LICENSE OF HITCHING POST PIZZA PUB )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant declined unless REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 4 OF 30 there were any questions.There were no questions.He then 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 Barker MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST PIZZA PUB, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1344, AMENDING CITY CODE, VOLUME I, CHAPTER 4 FEES, ARTICLE 4-1 PARKS AND RECREATION FEES SCHEDULE )Parks and Recreation Director Jeff Bell briefed the council on the item. new fees are needed. Jeff Bell stated they are. public hearing on the item. Mayor Insalaco asked if the Parks and Recreation Director Mayor Insalaco opened the Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented it seems to be a lot to go through to change the whole section of the code when considering the fees.He added he does not know how these fees fit into the general scheme of things since the budget was not available online.He questioned where the fees are going and how the city is over budget in everything it does. He hoped that the fees would not continue to increase. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 5 OF 30 Mayor Insalaco closed the public hearing with no one el -8e Wishing to speak and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Coleman MOVED THAT ORDINANCE NO. 1344 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Coleman MOVED THAT ORDINANCE NO. 1344, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1346, REQUIRING FINGERPRINTING OF ALL PROSPECTIVE CITY OF APACHE JUNCTION PARKS AND RECREATION AND LIBRARY DEPARTMENT VOLUNTEERS AND ALL PROSPECTIVE CITY OF APACHE JUNCTION REGULAR AND CONTRACT EMPLOYEES FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION FROM THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE FEDERAL BUREAU OF INVESTIGATION Parks and Recreation Director Jeff Bell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 6 OF 30 Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He believes the hiring of felons is occurring all over the county and he hoped it would be expanded to where everyone that works in government should get a fingerprint clearance card.He suggested the council expand it for all the jobs in the city government. Ms. Patricia Blight, 431 S. Saguaro Drive, Apache Junction, addressed the council.She described the problems she had in getting her fingerprint clearance card for her certified nursing assistant position. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1346 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 Dietz MOVED THAT ORDINANCE NO. 1346, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 7 OF 30 The motion carried. ORDINANCE NO. 1326, ESTABLISHING LOCATIONS FOR "NO PARKING" SIGNS ON WINCHESTER ROAD AND 16TH AVENUE )Senior Project Engineer Emile Schmid briefed the council on the item. Councilmember Wilson asked who is financing the cost of the study, the placement of the signs and their installation.He wanted to know if the city is doing this entirely or if the church is reimbursing the city. Senior Project Engineer Emile Schmid stated he believes it is the city's burden. Mayor Insalaco asked if with the signs there the city can now ticket the cars that are there illegally whereas before they could not be ticketed. Senior Project Engineer Emile Schmid stated that is correct. Mayor Insalaco commented if they are parked there, the police department can now put tickets on them.It was a safety issue because the people across the street were complaining quite a bit. Councilmember Wilson asked if it was a safety issue for the entire area. Senior Project Engineer Emile Schmid stated it was. City Attorney Joel Stern stated he believed the cars could also be towed. Councilmember Serdy asked how soon they could be towed, as these are churchgoers that would be in there.He asked if they would be ticketed and towed in just the one session of church. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 8 OF 30 Senior Project Engineer Emile Schmid stated he does not kndW how fast the police department responds to some issues.It was his understanding that some officers did go out in the past during the services and that some members of the congregation came out and confronted the officers on one occasion that he is aware of. Department of Public Safety Director Jerald Monahan stated it is the police department's intent to ticket first and then tow as a last resort.He believes they can gain compliance with a number of avenues. Enforcement would be at the latter end. Councilmember Serdy commented the word would get out not to park there after that. Department of Public Safety Director Jerald Monahan stated they have used the church bulletin and the church has been an active partner in this venture with the city.They believe they can gain compliance that way. Councilmember Coleman commented he drives that way frequently on Sundays and having the cars out in the road is a hazard for anybody that drives down through there.They are very narrow streets.Winchester is very narrow.He believes the city should bear the cost of this as it is a city issue. 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.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1326 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 9 OF 30 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1326, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1347, CASE AM -9-04, AMENDING CITY CODE, VOLUME II, CHAPTER 6, ARTICLE 6-1 LANDSCAPE AND SCREENING REQUIREMENTS,BY AMENDING SECTIONS 6-1-2 APPLICABILITY AND 6-1-5 LANDSCAPING) )Senior Planner Rudy Esquivias briefed the council on the item.He asked what percentage level they are comfortable with for properties that may have their landscape standards waived. he would not want them waived. Councilmember Coleman stated Mayor Insalaco agreed. Councilmember Coleman commented no matter how small the properties are; if they are going to get landscaping in, it is a chain effect.He thinks it is good attorney language where it says the development services director may still require some landscaping.It means that they do not have to and that is what they are going to fight for. Senior Planner Rudy Esquivias stated when they were originally looking at this, they were thinking of the lots along Coconino, Idaho and Southern, and the lots around 17th Avenue and Tomahawk.They are very narrow, old REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 10 OF 30 subdivision/industrial lots that are only, in some cases, 25', 50' or 75' wide.If you need a 24' driveway in a 50' width, it will not leave a lot of room on either side for landscaping. They can still get decent landscaping improvements on a 75' wide property.On a narrow lot it would have to be very much at the discretion of the director as to whether they could get some planters in, landscaping on the side, landscaping in the parking lot or something nicer than just a metal building to still try and achieve, to an extent, the intent of the code. Councilmember Barker commented that as long as they have the permissive language rather than the mandatory language that it will help alleviate the problems that the director may find as he looks at things. Senior Planner Rudy Esquivias stated it is not intended to be a give away. Councilmember Barker stated she agreed with Councilmember Coleman.It should be left as is. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated when you have a situation where you can pick and choose it causes problems.The loophole should be shut.He suggested looking at taking properties with the right given to them by the Supreme Court.He commented on the problems the city had with Putt Putt Auto Sales. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Coleman commented he believed the case that Mr. Fisher brought up involved a performance bond.It was not being adhered to.They had bonded and said they would make certain improvements and they did not.The city was not being the heavy or the bad guy. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 11 OF 30 Mayor Insalaco closed the discussion with no further coMMents and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1347 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Wilson MOVED THAT ORDINANCE NO. 1347, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1340, CASE AN -1-06, ANNEXATION OF APPROXIMATELY 123 ACRES OF PRIVATE PROPERTY AND ASSIGNING CITY ZONING TO THE PROPERTY OWNED BY FORTUNE TRAVEL, INC./ORDINANCE NO. 1341, CASE PZ-6- 05, AMENDING THE ZONING DISTRICT MAP OF THE CITY FOR A 111 GROSS ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN FROM GENERAL RURAL TO TRAILER HOMES ITES BY PLANNED DEVELOPMENT/RESOLUTION NO. 09-14, GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 12 OF 30 FACILITIES DISTRICT NO. 1 TO PROVIDE SERVICE TO A 123 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN, CURRENTLY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY/ RESOLUTION ON. 09-15, APPROVING A PRE -ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT WITH FORTUNE TRAVEL, INC. )City Attorney Joel Stern commented items 20-23 can have their titles read and have one public hearing.Items 24 and 25 are dependent on the votes for items 20-23. Senior Planner Rudy Esquivias briefed the council on the items. Councilmember Coleman asked when they are actually planning on building this. Senior Planner Rudy Esquivias stated the applicants are here and he believes they would like to get started on the clubhouse and common area amenities first. He has heard they may wait a couple years before starting the clubhouse to wait for the economy to turn around a little bit. Mr. Lake is here to answer those questions. Councilmember Coleman stated they received a letter from the county saying this was creating a county island.He asked him to explain that. Senior Planner Rudy Esquivias stated back in January they sent the county a request for them to review the blank petition and the proposed annexation area map.On January 29 staff received a letter from them stating everything looks great and it does not create any conflicts.A week ago they received a notice from one of their GIS technicians that, in their opinion, the proposed annexation was creating a county island.The whole area is presently surrounded by the city on 3 sides.It is the area in question. The county is saying that if the city annexes that area, it will create a county island in one area.That is correct, however, REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 13 OF 30 state statutes say in A.R.S. § 9-471(1) that a city shall not create a county island.In A.R.S. § 9-471(K) it exempts A.R.S. § 9-471(1) if a city or town already surrounds a property on 3 sides.He has talked to the city attorney, Sean Lake, and various other city attorneys in the past about a situation like this and he is confident that the city has met its statutory obligations and that the annexation is exempt because of A.R.S. § 9-471(K).He had asked the county to look more closely at the annexation area statutes in general.They stated they would get back to him and they have not.Staff is confident the annexation is proper and legal. Councilmember Coleman asked if anything inside the "box" is in the city right now. Senior Planner Rudy Esquivias stated nothing except a property that was annexed a few years ago where the Walgreen's is located. City Attorney Joel Stern stated he agreed that the annexation is proper and legal. Councilmember Wilson asked if they are already a county island because the west side is Maricopa County, not Pinal County. stated that is correct.Also, the runs all the way down to Baseline. municipalities on all four sides. maybe there is some wiggle room in already surround the area on three met the exemption. applicant address the council. Senior Planner Rudy Esquivias City of Mesa strip annexation In effect, it is boxed in by It is a different city, so the statutes, but since they sides, he believes they have Mayor Insalaco requested the Mr. Sean Lake, 1744 S. Val Vista Drive, Mesa, addressed the council.He stated Thesman Communities is a very well -established, well -recognized owner and operator of many renowned communities in the valley.They have Palmas del Sol, Las Palmas, and Las Palmas Grand, and they are now proposing the Las Palmas del Sol.They have always REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 14 OF 30 upgraded every new community, getting better each time. Regarding issues touched on earlier, he concurs with the city attorney on the annexation.There is a county island that exists today; they are merely making that county island smaller. They have been involved in the exact situation multiple times in previous cities.The development agreement represents a mutually beneficial relationship that has occurred.They believe that, historically, there were some drainage issues that occurred at the intersection of Southern and this property. They are not here to discuss whose fault that was, but it was to the point where calmer heads were not prevailing.Your city attorney and staff worked diligently and calmer heads did prevail so that other courses of action were not necessary.The development agreement solves a significant drainage issue for the city where there is no out of pocket dollars expended by the city.There will be beneficial improvements performed along Southern and the water will be conveyed along channels that do not currently exist.It is a win -win situation for the city, property owners in this area that dealt with drainage issues and this property owner.It solves a major drainage issue for the city.This property is located at Southern and Meridian and is 123 acres in size.The corner is an exception parcel that will not be part of this case.This property does not go all the way to the freeway.There is excess right-of-way of about 350' from the edge of the freeway to their property line.The adjacent developments are on the aerial photo.Rudy had already gone through the proposed zonings for the site.He has presented a conceptual site plan of what they would like to develop on this property.They have centralized open space, open space along the perimeter and along the south side of the property.They have substantial amenities.There is a lot of open space along Southern and Meridian.They believe it will be an outstanding development.They have worked with staff on the conditions of approval to protect the city so that it gets what is being shown.He went through the new conditions of approval, which included a multi -use path along the arterials, street improvements for drainage issues and transportation issues to Southern and Meridian, the quality of homes, the quality, of the amenities, and the timing of the building of the clubhouse. Councilmember Coleman asked how long the limit is. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 15 OF 30 Mr. Sean Lake stated they must have their certificate of occupancy for the clubhouse from 30 months after all approvals. City Attorney Joel Stern stated it is 30 months after obtaining all governmental approvals. Mr. Sean Lake stated building into that the timing for construction of a clubhouse, it is a fairly quick timeframe when talking about such a large development.There are a lot of amenities built into the clubhouse; it will be first class.At a previous meeting a councilmember asked how the perimeter wall would be viewed. That rendering is contained in the new conditions, and it will be along Southern, Meridian and the south side and contain some landscaping.The new conditions also include the development standards and there are really no changes from the planning and zoning commission recommendations. Councilmember Barker commented the perimeter wall on the northwest commercial corner is part of the development itself.She asked how they are going to keep that commercial corner from being used as storage space. There does not appear to be any separation between that corner and the development itself. Mr. Sean Lake stated the lots will back up to that commercial corner.They can either do it by fencing or by wall.He does not believe the city code will allow them to store anything on that property.There is not an approved use for that now. Councilmember Barker commented she is aware that it disallows it, but that does not appear to stop people from doing it. Mr. Sean Lake stated he cannot do much more than agree to not break the law. Councilmember Barker commented they have those homes that abut up to there that must agree to the same.The temptation will be great. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 16 OF 30 Mayor Insalaco asked if there will be a wall there. Councilmember Barker stated there does not appear to be anything. Mr. Sean Lake stated there will be a wall that would divide the commercial from the residential. Councilmember Barker commented that was not noted here, whereas the separation between the RV storage in the southeast corner does show a barrier of some sort between the RV storage and the homes.This appeared to have nothing. City Attorney Joel Stern stated there is typically a wall required between zoning districts of commercial and residential. Councilmember Barker stated that is true, but if the commercial is not built she was not sure. City Attorney Joel Stern stated the wall would be on the property line, but he was unsure of the height. Senior Planner Rudy Esquivias stated a 6' wall would be required between the residential properties. Councilmember Dietz commented that is between trailer homesite and general rural. Senior Planner Rudy Esquivias stated that is correct.In the future, when the property is rezoned to commercial, they would look at an 8' wall.The applicant might want to consider engineering a wall that starts out at 8' or that can be made into an 8' wall. Mr. Sean Lake stated the next conditions have no changes until they get to condition 8, which REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 17 OF 30 is the RV storage.It will not be livable storage area; it is just to park an RV.Resident S in this community may be bringing in $500,000 motor homes and they want a place to put it. Councilmember Dietz commented it would be fenced to where it looks nice. Mr. Sean Lake stated it will have a perimeter fence and landscaping.It is a two -tiered -type system to buffer that side.Condition 9 is critical in importance to this property owner.He is proposing to take the last phase of development and, as an interim use with a time limit on it, in terms of both number of lots and years so there is a definite ending on it, develop an area where RVs can come in and be parked for guest residents.They have a guest resident program to allow people who are living a more transient motor home -type lifestyle to come in and rent a space, live, partake of the community activities and see if this is where they would like to live.They then transition into a permanent structure.It is a temporary use.It is not an RV park where you would find park models.The condition of approval would disallow that.These are true RVs that are pulled up and down the highways.As an interim use, the Thesmans would go into this last phase of development, do all the improvements for this RV park, including amenities, and in the last stage they would remove all the improvements and develop it consistent with the presented site plan.The time frame for when this has to occur is finite with lots being sold within the development and at the outset of a year.It will not continue on indefinitely as an RV park and it would not ever allow park models. Councilmember Dietz commented it is only for ten years from the time they get the certificate of occupancy. Mr. Sean Lake stated that is for the certificate_of occupancy for the clubhouse.It is not something that they want to have.It does many things;The Thesmans have: been successful with their parks where others have not.It is not_only _because of the quality that they build and -the amenities they offer, but it is the lifestyle they create. Things like the guest program help create a synergy and excitement in the community.They have found in the Las Palmas REGULAR MEETING OF THE CITY COUNCIL AUGUST 18,,2009: PAGE 18 OF 30 Grand project in the early stages of development it allowed more people in the community, which meant more people at the clubhouse, more people at the activities and more people in the community.It creates more excitement and activity in the community.The buzz around the whole community is much greater faster.When they have that buzz quickly, they find that it tends to fill up quicker.They do it from a pure selfish point because they want to have that excitement about it in order to sell more homes quicker.They and the city will benefit from it.The one in Mesa at Las Palmas Grand has been bulldozed over and replaced with permanent lots, the same as is being proposed here.Condition 12 is all new homes and condition 13 is the monument entry sign, which they agree to.They are excited and want to move forward with the project.They are here for the long term, they want to be part of the city and develop the project.He requested the council's approval and support. Councilmember Serdy commented the clubhouse is going to be built first and there will not be very many residents there.He asked, as a token of good will, if they would let the community use it for functions like graduations or sports banquets. Mr. Sean Lake commented they are happy to work with the community on that.They have worked with other communities on other projects, such as residents in other parks or subdivisions wanting to use it.It is a guest program, especially in the early stages.They want people to be there using the amenities.The last thing they want is to put millions of dollars into the infrastructure and have no one there. Councilmember Serdy commented it would be great to have a lot of the local residents see it because of a lot of them would not ordinarily go in there. Depending on how the vote goes tonight, it would be nice if while the rest of the valley is pretty much at a standstill they would be gaining new residents and some growth. City Attorney Joel Stern stated the city is going to pay something in the settlement part.The city is getting a promise not to sue; they are agreeing that this is it when it comes to the drainage REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 19 OF 30 arguments.The city is paying $160,000 but it will not be paid until after the drainage channel south of Southern is built to the city engineer's satisfaction.He could go into detail for the next hour as to how those flow levels were met. Mayor Insalaco commented they have been all over that. City Attorney Joel Stern stated he wanted to clarify that statement in the agreement. The city is paying some money out, but instead of $2 million or $3 million if they were hit with a judgment, they have agreed that $160,000 will be the city's only exposure. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented he had stated earlier that the city is trying to get away from the manufactured home/55 plus parks, especially as this is the gateway to the city.He received a call from Mr. Lutz and had some questions answered.He originally was thinking of doing a referendum, but he is realistic that we are in a horrible recession and there is the hope that it would stimulate things here in the city as far as jobs and the construction being done with local people.He does not like the interim RV situation, but it is already here in the city.He is glad they are hooking up to the sewer district; he hopes it becomes mandatory for developments at least half this size to hook up to the sewer district. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1340 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 20 OF 30 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1340, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:4-2 (Councilmembers Barker and Coleman voted in opposition.) Councilmember Coleman commented he wished to explain his vote. He would like to see this in the city limits.He just had hoped for something different on that piece.They had worked so hard to get the exit off the freeway at Meridian and he believes the possibilities in the future would be even better.He thinks it is a quality project; he has been to Las Palmas Grand.He went to the International Shuffleboard Tournament there with Mayor Hawker and they spoke to the groups from the different countries.He thinks it would be wrong for him to vote for the annexation and then vote against the project, even though he believes this does belong in the city.He is going to vote no. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1341 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 21 OF 30 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1341, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED SUBJECT TO THE NEW CONDITIONS OF APPROVAL. Councilmember Wilson SECONDED THE MOTION. VOTE:5-1 (Councilmember Coleman voted in opposition.) The motion carried. Councilmember Dietz MOVED THAT RESOLUTION NO. 09-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 TO PROVIDE SERVICE TO A 123 -ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF MERIDIAN DRIVE AND SOUTHERN AVENUE CURRENTLY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RESOLUTION NO. 09-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, FINAL COUNTY, ARIZONA, APPROVING A PRE -ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT WITH FORTUNE TRAVEL, INC., BE APPROVED Councilmember Wilson SECONDED THE MOTION. VOTE:5-1 (Cbuncilmember Coleman voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 22 OF 30 Councilmember Coleman asked if that was just on the settlement. City Attorney Joel Stern stated it was on the development agreement and settlement. POSSIBLE RECONSIDERATION OF FORTUNE ,TRAVEL, INC. REQUEST FOR ANNEXATION OF 123 ACRES LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN, UNDER ORDINANCE NO. 1340/ POSSIBLE RECONSIDERATION OF SEWER DISTRICT BOUNDARY EXTENSION FOR SERVICE TO A 123 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN, UNDER RESOLUTION NO. 09-14 )There was general discussion as to what action should be taken on these items as they are not necessary. City Attorney Joel Stern commented they could skip them entirely. City Clerk Kathleen Connelly stated there should probably be a record in the minutes that no action was taken. City Attorney Joel Stern commented there should then be a motion that no action was taken on either item. Councilmember Barker MOVED THAT NO ACTION BE TAKEN ON ITEM NO. 24 AND NO. 25. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE -CITY COUNCIL AUGUST 18, 2009 . PAGE 23 OF 30 short break. Mayor Insalaco called for a Mayor Insalaco reconvened the meeting. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF NEGOTIATION OF MEDIACOM LICENSE AGREEMENT RENEWAL )Assistant to the City Manager Ruth Giese briefed the council on the item. Councilmember Wilson commented that number 3 states there will be a four hour maximum window for providing customer service and response.He believes they meant that when they are scheduling to come out, that it not necessarily be a four hour window for them to respond on a complaint, but a four hour window for them to come out. Councilmember Dietz commented it is a scheduling window, so that someone does not have to be home from 8 to 5.It should be either a morning or an afternoon. Councilmember Barker commented they need to spell out customer service better so that they understand that it pertains to scheduling appointments, et cetera. Councilmember Serdy commented they need to change the wording on number 7.The TV Guide Channel is actually a station.In talking to the employees of Mediacom, it got very expensive.We are not asking for The TV Guide Channel; that is where they have programs going on.All REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 24 OF 30 they want is a program guide, a scroll, and it does not have to have any entertainment.It is a scroll with no expense at all. They do not need the actual channel to cost them any money.He asked that they take the part out where the TV Guide is an actual channel. Assistant to the City Manager Ruth Giese thanked him for the clarification. Mayor Insalaco commented people may have to wait, but at least it is something. City Clerk Kathleen Connelly stated they may want to add the language "on air TV guide", because she went through that problem of going on line but you cannot print it out. Councilmember Serdy commented that not everyone has a computer. There was general discussion on narrowing the language down. Councilmember Serdy commented the TV Guide Channel is annoying.It had Ryan Sechrist on it all the time.He would read it for the scroll.He would be glad when there was a break and it would just scroll. City Clerk Kathleen Connelly stated there is one more that she forgot to add that they talked about last night.Number 12 would be that Mediacom be required to comply with all local, state and national codes during the term of the agreement. City Attorney Joel Stern stated that is already in the agreement. City Clerk Kathleen Connelly stated they talked about it last night to make sure it is one of the terms. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 25 OF 30 Councilmember Barker commented if it is redundant, then it is redundant.At least nobody can say it was not there. 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 NEGOTIATION OF MEDIACOM LICENSE AGREEMENT RENEWAL:I MOVE THAT THE STAFF INCLUDE THE FOLLOWING ITEMS IN THE CONTRACT NEGOTIATIONS WITH MEDIACOM:(1) THAT THERE BE A LOCAL CUSTOMER SERVICE OFFICE TO INCLUDE A LOCAL PHONE NUMBER PLUS ACTUAL LOCAL SERVICE AND ASSISTANCE DURING NORMAL BUSINESS HOURS TO INCLUDE SATURDAY MORNINGS;(2) THAT THE AGREEMENT BE LIMITED TO 5 YEARS FOR RENEWAL;(3) THAT THERE BE A FOUR HOUR MAXIMUM WINDOW FOR PROVIDING CUSTOMER SERVICE AND SCHEDULING AND RESPONSE;(4) THAT MEDIACOM REIMBURSE THE CITY UP TO AN AMOUNT OF $10,000 FOR AN INDEPENDENT AUDIT OF THE ISSUES THAT HAVE SURFACED SO FAR; AND THAT THE AUDIT BE COMPLETED BY OCTOBER 31, 2009;(5) THAT MEDIACOM PAY FOR AN ANNUAL PERFORMANCE AUDIT UP TO $10,000 FOR EACH YEAR FOR A TOTAL OF $40,000;(6) THAT ALL AVAILABLE MEDIACOM SERVICES AND PRODUCTS BE PROVIDED FREE OF CHARGE TO ALL CITY FACILITIES AS REQUESTED BY THE CITY;(7) THAT AN ON AIR TV GUIDE BE AVAILABLE FOR BASIC SERVICE USERS AS WELL AS ALL OTHERS;(8) THAT ALL MEDIACOM SUBCONTRACTORS GET THE REQUIRED CITY LICENSE TO DO BUSINESS IN THE CITY BEFORE BEGINNING WORK AND THAT THESE SUBCONTRACTORS PROVIDE THE REQUIRED PROOF OF INSURANCE BEFORE WORKING IN THE CITY LIMITS;(9) THAT MEDIACOM PROVIDE THE CITY MANAGER'S OFFICE WITH A COPY OF THE SYSTEM'S INFRACTION LOG ON A BIWEEKLY BASIS, AND THAT THAT LOG ALSO INCLUDE ALL THE COLUMNS THAT WERE ON SCREEN;(10) THAT MEDIACOM RESPOND TO CUSTOMER SERVICE COMPLAINTS IN A TIMELY MANNER;(11) THAT THE CUSTOMER BILLING STATEMENT INCLUDE THE CONTACT NUMBERS FOR THE LOCAL OFFICE AND FOR A LOCAL CUSTOMER SERVICE CALL; AND (12)THAT MEDIACOM BE REQUIRED TO COMPLY WITH ALL LOCAL, STATE AND NATIONAL CODES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 26 OF 30 The motion carried. 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, AUGUST 31, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND REGULAR COUNCIL MEETING AT 7:00 P.M. FOR TUESDAY, SEPTEMBER 1, 2009 ARE CANCELLED; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, SEPTEMBER 14, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, SEPTEMBER 15, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council to request that "end of school'zone" signs be placed at the end of school zones so drivers would know when they can increase their speed. Ms. Patricia Blight, 431:S. Saguaro, Apache Junction, addressed the council regarding her concern about where 18 wheelers can legally park in the city. Mr. Thomas Aulik, 2292 N. Ironwood, Apache Junction, addressed the council regarding putting a sidewalk on the east side of REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 27 OF 30 Ironwood between Superstition and Lost Dutchman for safety reasons. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding handicap transportation, scrolling information on the MediaCom city channel, and giving equal time to candidates. Councilmember Barker requested the city manager have staff address the problems mentioned by Ms. Rizzi and Mr. Aulik. Councilmember Serdy requested staff look into putting a bike trail on Ironwood between Superstition and Lost Dutchman, and that he does not believe they can legally give equal time to others on the city channel. Councilmember Wilson agreed with the request of Councilmember Barker. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:52 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of July 7, 2009. 3. Acceptance of Minutes of Special Meeting of August 4, 2009. 4. Acceptance of Minutes of Regular Meeting of August 4, 2009. 5. Consideration of proposed Resolution No. 09-43, adopting the 2010 General Plan public participation procedures. 6. Consideration of award of bid to Southern Counties Oil Company for bulk fuel, Project PW 2009-09. 7. Consideration of proposed Resolution No. 09-10, authorizing the City to enter into an intergovernmental agreement with the Arizona Department of Public Safety for use of City fueling facilities. REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 28 OF 30 8. Consideration of proposed Resolution No. 09-41, establishing the number of Police Department volunteers eligible for Workers' Compensation Insurance, and establishing a salary equivalent for the purpose of computing Workers' Compensation Insurance premium and compensation benefits for Police Department volunteers; and repealing conflicting provisions. 9. Consideration of approval of the Fiscal Year 2009-2010 contract for economic development services with the Greater Phoenix Economic Council (GPEC) and reappointment of Councilmember Dietz as the City of Apache Junction Representative to the GPEC Board of Directors. 10. Consideration of a second amendment to the cable system license agreement between Mediacom Arizona L.L.C. and the City of Apache Junction. 11. Consideration of approval of Central Arizona Association of Governments Planning Services Contract in the amount not to exceed $25,812.00. 12. Consideration of adoption of the Fiscal Year 2009-2010 City Council Work Plan. ACCEPTED THIS 15TH DAY OF SEPTEMBER, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF SEPTEMBER, 2009. vaLlioteLy N S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 29 OF 30 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 18th day of August, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th of August, 2009. ATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 18, 2009 PAGE 30 OF 30