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HomeMy WebLinkAbout2007-02-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 6, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 6, 2007, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:03 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: Others Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Assistant Planner Todd Kennedy Captain Tom Kelly Assistant Planner Mike Heuchert REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 1 OF 26 Planning Manager Fred Baker Senior Planner Rudy Esquivias Grants Specialist Roger Hacker Asst. to the City Manager Ruth Giese Public Works Manager Shane Kiesow Crime Scene Tech. Stephanie Bourgeois ACCEPTANCE OF CONSENT AGENDA )Councilmember Severs MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 07-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPANDING THE BOUNDARIES OF THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 TO ALLOW SEWER SERVICE TO BE PROVIDED TO DESERT MESA HOLDINGS, L.L.C., LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION BE APPROVED; AND THAT RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2005, BE ACKNOWLEDGED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Ron Wade, 310 E. Whiteley, Apache Junction, addressed the council on behalf of the Business and Property Owners Network as their chairman regarding the Superstition Square development agreement.He commented the council has an executive session on it on Thursday and his group looked at it in depth and wants to go on record that they think it is a fantastic agreement and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 2 OF 26 they think it is a great agreement for the city to enter into. He thinks the master plan in the agreement is fantastic. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council regarding the downtown development plan. He understood this was to be pedestrian -friendly and the current plan would not allow the city to have control over it.He urged them to think for tomorrow and not today and not make the mistakes that Mesa did with their strip malls. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding business licenses for artists.Artists are not mentioned in the code; he has been called a peddler and a vendor and he is neither.He questioned the legality of business licenses for artists and if they are violating his rights.Kids under 18 cannot get a business license and are totally eliminated from the art shows. Mrs. Char Schweigert, 1065 N. San Marcos #9, Apache Junction, addressed the council regarding the art shows in the park.She thinks it is wonderful to have the privilege to show her art in the park.She bought a business license and paid her taxes but it is hard for her as she is on a fixed income. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He commented about last night's work session where they talked about 1.9 acres being the same as the Tomahawk project but 3 or 4 of those properties were under 1 acre. Mayor Coleman commented that one of the lots will be less than an acre when it is split. Mr. Noel Benoist continued regarding a free game and fish license for disabled veterans.It is House Bill 2026 and stipulates that any disabled veteran who has any service- connected disability and who is 100% disabled can have a free fishing and hunting license.He urged everyone to call their representatives and encourage a yes vote on the bill. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 3 OF 26 Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the upcoming Renaissance Festival starting this Saturday. Ms. Colleen "Phoenix" Hill, 975 S. Royal Palm #C204, Apache Junction, addressed the council to thank them for coming out, helping and attending the groundbreaking for the Habitat for Humanity subdivision. Mr. Chip Wilson, 128 S. Starr, Apache Junction, addressed the council regarding the Black Stallion Literacy Project on February 15 and the recent changes to R1-43 zoning for accessory buildings.He believes it is unfair to those with large lots and adjacent to GR as it only allows 75% of the total square footage of the house, even if they have 5 acres.It also adds the additional expense of a conditional use permit.He requested they reconsider it and make it more fair. Mr. Steven White, 105 N. Delaware, Apache Junction, addressed the council regarding the community art shows, the elimination of opportunities for all kids under the age of 18 to participate as by state law they are unable to get a business license, and the amount of sales they would have to make to generate the sales tax that would pay off the legal bills the city has allegedly spent on this issue. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council regarding the accessory buildings ordinance.He believes it is hindering the ability of people to use their property for their hobbies and to clean up their property per the property maintenance standards.They need accessory buildings to store what had been outside. Vice Mayor Eck commented he had attended an art show (his microphone was turned off and not all comments were audible), he would like to know more about House Bill 2026, and the R1-43 situation was supposed to be on this agenda; he did not understand what the ordinance would do and he does not think other councilmembers did either.The city manager assured him that it will be brought back for discussion on possible changes. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 4 OF 26 Councilmember Waldron commented the meeting on Thursday is a public meeting, not an executive session. Mayor Coleman commented he appreciated that they looked at the plan, but it is not a master plan.It is a conceptual plan that is not binding and nothing is guaranteed to the city.It is total flexibility for the developer on a pledge of major resources by the city.It does not guarantee one building would be built.It also includes eminent domain that the city would be compelled to use at the request of the developer.He is surprised they did not find some things as they went through, but that is because they thought it was a master plan.However, it does not guarantee one square footage of retail, one business or anything.Council discussed some things last night and we are putting together another agreement for Thursday night. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced the Generations United group will be here tomorrow to do a video of the multi-gen center.It will be used to assist a city in the Midwest to build a similar facility. Councilmember Sippel announced the Itty Bitty Olympics will be held this Saturday. Mayor Coleman commented about a statement City of Mesa Mayor Keno Hawker made that was in the paper about his city crossing the line into Pinal County. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell read an announcement from Senator Rebecca Rios stating that an emissions station for Apache Junction has been included in the Arizona Department of Environmental Quality request for proposal for the new contract in the vehicle emissions program.There is no estimated time for its completion.He also introduced the new Planning Manager, Fred Baker, and briefed the council on his experience. He then requested Chief Walp to introduce his new employee. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 5 OF 26 Public Safety Director Glenn Walp introduced his new employee, Crime Scene Technician Stephanie Bourgeois, and briefed the council on her training and experience.It is a first for the city as it has never had a crime scene technician to process crime scenes before. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 21-26, 2007 ) )City Clerk Kathleen Connelly briefed the council on the item.She stated this is an annual request.It will be an event at their location. Internal staff recommends approval and the fire district recommends approval with a caution that the bratwurst truck should be positioned so that it is clear of anything combustible.The applicant was invited to attend tonight in the event of any questions from the council. Mayor Coleman requested the applicant address the council. Mr. Tom Cain, 211 N. Hilton, Apache Junction, addressed the council.He stated the trailer will be self-contained and no other flammable things will be in the area.Security will be provided by the Apache Junction Rangers. Mayor Coleman called for any questions.He thanked the applicant for being there in the event there had been any questions.He then 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 discussion, he called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 21-26, 2007, SUBMITTED BY REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 6 OF 26 RICHARD JEPSEN 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. 1288, CASE PZ-14-06, REZONING REQUEST BY PRESTON STAPLEY AND KIM EATON OF E -BUILT CONTRACTING TO REZONE LAND LOCATED AT 1549 S. MERIDIAN DRIVE FOR A 14- UNIT TOWNHOME SUBDIVISION )Councilmember Sippel asked how big the property is. Assistant Planner Todd Kennedy stated it is approximately 1.32 acres.He then briefed the council on the item.He stated it is to be rezoned from TH to CR-5/PD.He showed them the proposed elevations, floor plans and the conditions of approval which include abundant landscaping and type, retention basins, play station points, square footage minimum, architectural features, parking, street improvements, landscaping maintenance, storm water drainage, that it be open to all families, building height of 30' maximum, setbacks, and disclosure of neighboring horse property. Vice Mayor Eck asked if the neighboring horse property is 31H or F. Assistant Planner Todd Kennedy stated it is to the north, parcel #102-34-013. Vice Mayor Eck asked if either of the two that are crossed through are horse properties. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 7 OF 26 Assistant Planner Todd Kennedy stated they are not. Mayor Coleman requested the applicant address the council. Mr. Kim Eaton, 3826 N. Safari Lane,addressed the council.He is the owner and president of E- Built Contracting.They have done a lot of research into this product and are doing the same units in Fountain Hills.The price point up there is $400,000.They are similar to the Shea Homes Classic Communities.They believe this is a great area to bring in families with Signal Butte developing.They hope to capitalize on the Superstition Mountain views.They have talked to the neighbors and property owners. Vice Mayor Eck asked how that went. Mr. Kim Eaton stated he and his employees met with the neighbors they could and presented the project to them.Some had no comments, some were very supportive, and one had some concerns.He has a horse property and he believes he is here tonight.He believes it will be a positive impact on the city.They build all over the valley. Councilmember Sippel asked if he anticipates going up to the whole 30' for the project. Mr. Kim Eaton stated he does. The first level is where the garages are so they do not expose vehicles.This causes them to get up in height.He also would like to take advantage of the natural beauty of the Superstition Mountains. Councilmember Severs commented he was surprised they stayed below the 30' with a 3- story building.He is glad they did that. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 8 OF 26 Mr. Kim Eaton commented they spent a lot of time and money into making it work.Fountain Hills is using this project as a model for future developments. Councilmember Severs commented he appreciated his going out and talking to all the neighbors.However, he is worried about the people who move onto his property and become the neighbors, and then complain about the neighboring horse properties.He asked how they are disclosing those properties to buyers and if it says in the disclosure that they know it is there so do not complain. Mr. Kim Eaton stated it will be in the public report.They can also release it in any of the contracts.They have no intention of prohibiting what is already going on there.He understands his point of neighbors coming in and complaining in future years.It is put in the public report where it is recorded and documented. Councilmember Severs asked if there is any kind of waiver they could put in that would not only state it was there, but that they would acknowledge it is there and are okay with it being there. City Attorney Joel Stern commented they can always put a statement in a plat or an extra document that gets filed on the property, but he is not sure it would be enforceable.They could give notice that they are moving in next to properties that have horses and have it noted on the plat. Mr. Kim Eaton stated there are very strict guidelines that the real estate commission will allow.One of the things is that it will have to be disclosed in the public report.If there were any problems in the future, the public report will show that they were aware before they bought the property. Vice Mayor Eck asked specifically how they would be made aware. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 9 OF 26 Mr. Kim Eaton stated it would have to be stated in a public report. Vice Mayor Eck commented the title person would have to inform them of this. Mr. Kim Eaton stated that is correct.That will be part of what will happen when they buy one of these properties. Vice Mayor Eck commented it would not be hidden in any way. Mr. Kim Eaton stated that is correct. Councilmember Severs stated they would have to sign a document stating they had seen it and they acknowledge it. Mr. Kim Eaton stated that is whether they read it or not. Vice Mayor Eck commented about a friend of his that bought land by a dairy farm in Higley 7 years ago and was told it would go away and it has not. Mr. Kim Eaton state the real estate commission has done things like that in the public report for similar things, such as future freeways that go through the property.The public report is for those things to be stated. Vice Mayor Eck commented he has driven down this road many times, looked at this property and wondered what could be done.It looks like he found a project that could be done there. Councilmember Insalaco commented the title agent goes through these page by page and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 10 OF 26 they are reading it as they sign it.He asked if they would have a wall between the properties. would have a block wall. how tall it would be. be a standard 8' wall. public hearing on the item. Mr. Kim Eaton stated they Councilmember Insalaco asked Mr. Kim Eaton stated it will Mayor Coleman opened the Mr. Dwayne McWilliams, 1415 S. Meridian, Apache Junction, addressed the council.He is the one with the horses.According to the information they had at the meeting, his property was a vacant lot with no horses.He brought that up; they also own the two homes in front of the property.They had approached the city earlier about putting in a 4 -apartment unit on the property next door; they were told they would have to put in the street Smythe behind and they would have to do 16th Avenue.He finds it ironic that they will only have one narrow entrance and exit.All the other properties similar to this at least have an emergency exit aside from the main entrance.He does not understand why the road, at least for the distance of the property, is not being put in or why they do not have to put in an emergency exit.He also appreciated the concerns they brought about the horses as those are also his concerns. Vice Mayor Eck asked how long ago he tried to put in the apartment unit. Mr. Dwayne McWilliams stated it was 8 to 10 years ago.They would not even let them put a steel building on the property.His partner decided to sell it, and now they are putting up 30' multiple units.He is concerned because there was apparently not enough room for 4 units before REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 11 OF 26 and the traffic will increase.The traffic is already driving in his yard, and if there is only one entrance/exit, there might be some complications.He is not trying to stop the project, but he is not sure what is right for the property. Mr. Jesse Salisbury, 308 G Street, Crescent City, California, addressed the council.He stated this appears to be a very busy lot on 1.32 acres with 14 units and one parking space per unit.He asked if they are one bedroom units.In California they push for at least 1.5 parking spaces per unit.He also did not see any drainage or retention basins.The gentleman was talking about the beautiful view his buyers would be getting; he is thinking of the beautiful view the neighbors will be losing.He commented the fire district does not have an entrance and an exit or at least an emergency entrance or exit. Assistant Planner Todd Kennedy pointed out on a map where the drainage is located. Additional retention basins are in the open space. Senior Planner Rudy Esquivias stated there are several retention areas indicated on the site plan; they are basically all around the perimeter of the site. He stressed they are not reviewing the plat at this time; ;the applicant is basically asking for conceptual approval of the site plan.The detailed engineering review will come at the time of the plat submittal.However, this drawing has been reviewed by the fire district as to the entrance to the driveway, along with the engineer, and no significant concerns have been expressed at this point.There is a turnaround for fire apparatus. Councilmember Waldron asked him to talk about the parking requirements. Mayor Coleman commented he believed there is one guest parking per unit, as well as parking for the unit itself.There are actually two parking spaces per unit, one for the owner and one for a guest. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 12 OF 26 Senior Planner Rudy Esquivias stated the parking requirements for a two or more bedroom apartment are 2.33 spaces per unit.Each dwelling unit has two required spaces and every 3 units would require an additional space.However, he thinks they are asking for above and beyond the normal parking requirements. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Severs asked if there is a space anywhere on the north or south side of the property where an emergency gated exit could be placed in case of an accident or fire. Senior Planner Rudy Esquivias stated there might be an opportunity for an emergency exit at one location.Staff has not requested one because of what is going on with 16th Avenue that they have recently learned. There has been a dedication of a half right-of-way.To the east of the property across Mrs. Richmond's lot there is also a reserved right-of-way as well as kitty-corner to the site just north of the Meridian RV Resort.There is no right-of-way problem in the Porter's Park area.It is the south 40' of the Meridian throughway and it has not been acquired by the city. They might be able to put an emergency exit there. Councilmember Severs stated he would like to see that happen.He asked if the fire trucks can get all the way down to the south of this property if there was no emergency exit. Senior Planner Rudy Esquivias stated they can.The fire marshal has not expressed any concern with these access points. Vice Mayor Eck asked how many units there are. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE.13 OF 26 Senior Planner Rudy Esquivias stated there are 14. Vice Mayor Eck commented Mr. Salisbury brought up another legitimate point on another ingress/egress.They go in and get stuck in a cul-de-sac and there is no other way to go out.The property owner does own property up to Smythe.He asked if there is any room to configure another ingress/egress there so that they have another alternative to Meridian. City Attorney Joel Stern stated the access issue is a plat issue.It is not a zoning issue.It is should be dealt with at the preliminary plat stage.They are talking about zoning today. Senior Planner Rudy Esquivias stated they have to keep in mind that much of this area was developed before this was a city and was developed under country rules.There is a subdivision next door but only 30' of right- of-way has been allocated.They have the same situation on the east as they do on the south, although the south side right-of- way is 10' wider than that on the east. Vice Mayor Eck commented it is private property on the west side. Senior Planner Rudy Esquivias stated that is correct.That stretch of Smythe does not go through even though it is a dedicated road.The property owners have used their properties all the way. Councilmember Sippel commented it is not uncommon for them to approve something with only one entrance and exit.They have done it with projects on Ironwood and 16th Avenue.He does not want them to get caught up in that.If there is another option, they do need to look at it, but is should not be a deal breaker. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 14 OF 26 Vice Mayor Eck commented if Smythe went through he would require it, but he did not notice that the map was not accurate on the actual road going through. Councilmember Severs commented that no one showed the pictures of what this project will look like during their presentations.He thinks it is gorgeous. Councilmember Insalaco stated they showed them during the staff presentation. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1288 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1288, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 15 OF 26 Mayor Coleman called for a five minute break. Mayor Coleman reconvened the meeting. ANNEXATION AN -2-06, ANNEXATION OF PROPERTY AT 3640 S. CACTUS ROAD )Assistant Planner Mike Heuchert briefed the council on the item.He stated this is for discussion only.Recently an unsigned petition was recorded with the county recorder starting a 30 -day waiting period; the meeting is held within the last 10 days.They can now begin collecting signatures.The area being annexed is at the corner of 36th Avenue and Cactus and is about 2.5 acres and is owned by Desert Mesa Holdings.The current zoning is CI -1 and it will have the same zoning upon annexation.The property owner is proposing an office building with an area in the back for equipment and storage.A pre -annexation agreement exists to allow for connection to the sewer system before the annexation is complete.The city is responsible for building permit review and the property owners are required to sign annexation petitions upon presentation.The end of the waiting period is February 11; staff will have one year to collect the signatures from that date and then have them recorded. Mayor Coleman asked if the surrounding properties are in the city limits. Assistant Planner Mike Heuchert stated not all of them.He showed the city limits on a map and what is still county. Mayor Coleman asked if the property would be accessed from Cactus. Assistant Planner Mike Heuchert stated that is correct; 36th Avenue does not go through. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 16 OF 26 Vice Mayor Eck asked if the sewer main would go directly up Cactus. Assistant Planner Mike Heuchert stated he did not have that information. Vice Mayor Eck commented he was curious about what effect it would have on encouraging other property owners to tie •because of the expense.He asked what Desert Mesa Holdings does. Assistant Planner Mike Heuchert stated they do.some type of heavy duty contracting.He does not know a lot of about the company.He believes they contract themselves out to large utility companies. City Attorney Joel Stern stated they make large water pipes and have some other type of machine shop.They recently passed a pre -annexation with them on the consent agenda. Mayor Coleman requested the applicant address the council.The applicant was not in attendance.He called for any other council discussion.There was none.Mayor Coleman opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item. ORDINANCE NO. 1287, ADOPTING BY REFERENCE THE "CITY OF APACHE JUNCTION PERSONNEL RULES"; RESOLUTION NO. 07-06, DECLARING THE "CITY OF APACHE JUNCTION PERSONNEL RULES" A PUBLIC RECORD City Attorney Joel Stern briefed the council on the item.He stated because the document is 77 pages staff is asking the council to adopt it by reference and declare it a public record.The council has a highlighted version of the changes.The most significant change is on page 79 dealing with the standard of review at a personnel hearing, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 17 OF 26 whether they hear all the evidence over again or determine if the department acted arbitrarily or capriciously or was taken without reasonable cause.It is a legal review issue that has come up recently in a personnel hearing manner.Other than that, it is primarily some title changes and table of content changes, plus a definition of sick leave for immediate family, hiring of relatives, merit consideration, vacation leave issues, maintaining the city council's ability to amend the classification plan yet allow the city manager to amend the classification plan for positions if salary group 59 and below are involved as long as it does not negatively impact the budget, the eligibility for annual increase is not tied to passing a performance review, and that the performance review will be conducted annually at a time designated by the city. The rest are typographical errors that were corrected. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 07-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION PERSONNEL RULES"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES, BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1287 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 18 OF 26 Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1287, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS RESIDENTIAL SOLID WASTE COLLECTION, LANDFILL AND RECYCLING UPDATE )Assistant City Manager Bryant Powell briefed the council on the item.He stated in October council directed staff to research different options into trash, recycling, transfer stations and landfill operations by looking at the contracts of other cities for possible options that may be viable here.The data was to be brought back at this meeting. Assistant to the City Manager Ruth Giese stated they looked at several options for waste collection, recycling, landfills, transfer stations and contracts from other cities.Many cities in the valley are in the business to provide refuse and recycling services; two have chosen to have exclusive contracts with one service provider. They are Chandler and Gilbert.Staff toured the landfill and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 19 OF 26 several transfer stations.Staff has 3 options for the city that may be viable.One is to explore an exclusive contract with one service provider to include recycling, another is to support the proposed Northern Pinal County Regional landfill, and the other is to support a privately -owned transfer station site in the city.She briefed them on the advantages and disadvantages of all three options.She described how a transfer station processes waste.As solid waste companies consider locations for future transfer sites, one option is to be open to supporting a transfer site here.There are other options the city could consider in the future in lieu of getting into the trash collection business. Councilmember Sippel commented she did a good job and asked if there was any way they could just bring on recycling or do they have to go to one company.He wondered if they could go with one company for recycling and one company for general trash collection.He is thinking about having the residents start recycling in the homes. Assistant to the City Manager Ruth Giese stated after looking at what other cities have done, it would make the most sense to get more bang for the buck in the contract and do it all together.It would reduce the overall rate. Councilmember Sippel commented it is not what he really wants to do as it would increase the number of trucks on the road when you add the recycling trucks. Assistant City Manager Bryant Powell stated the dilemma with recycling right now in our current service model is that the recycling does not always pay for itself. Vice Mayor Eck commented he checked it and it is expensive. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 20 OF 26 Assistant to the City Manager Ruth Giese stated after talking to other cities, this appears to be an expensive option but they actually look at offsetting their solid waste costs.It evens things out as they are lowering the amount of trash that they are paying per ton to send to a transfer station or landfill.They look at things as a whole. Councilmember Dietz stated instead of having 6 trucks running up and down the street everyday they would have Monday be a trash pickup day and Thursday be a recycling pickup day.There would not be an increase in truck traffic on the road. Vice Mayor Eck asked if her suggestion was to go with one specific company. Assistant to the City Manager Ruth Giese stated she is not recommending they should do anything. Vice Mayor Eck commented he is reading these options as their recommendation. Assistant City Manager Bryant Powell stated they are giving them three separate options. Mayor Coleman commented he liked the second and third options. Vice Mayor Eck agreed.He does not want one as he has been through that battle and the people here want a choice because they are used to it.They like the competition. Councilmember Sippel agreed. His goal was to look more in depth at the recycling; Councilmember Dietz mentioned a good point in having garbage picked up on Monday and recyclables on Thursday.He does not know if they can lump something like that together. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 21 OF 26 Assistant City Manager Bryant Powell stated he believes they would have to go to an exclusive contract for that. Councilmember Sippel agreed as some people may have recycling and some may not. Assistant City Manager Bryant Powell stated they will want to know exactly who will have it and who will not. Vice Mayor Eck asked how the Mineral Mountain meeting went on the regional landfill. Assistant City Manager Bryant Powell stated Ruth met with the gentlemen and it came out exactly the way they thought.They believe it will be a good idea to go ahead with a letter of support. Vice Mayor Eck asked if people know about the regional landfill possibility there. Assistant to the City Manager Ruth Giese stated there has been a lot of publicity and articles in the paper. Vice Mayor Eck commented he met with a representative and he thought the idea was phenomenal.It is a perfect location being a bowl in the middle with room for all terrain vehicle riders.The board of supervisors is supporting it. Pinal County Supervisor Sandie Smith stated they have modified their comprehensive plan so that it would be allowed should it go through the zoning process.She is not sure that the regional landfill will work as they need to look at how they are going to provide for Superstition Vistas and the other land.The transfer site land is not something that they should scrap, as she does not know who would want to haul all the way there.They need to look at REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 22 OF 26 all of them and see how they fit together.The county does recycling in 20 communities and they are willing to expand.If they expand it in the cities, the cities would have to come up with more money for more times to pick up.They will fill up some of the sites, especially the Pinal County site, over the weekends.They would need to have more ways to get it to the recycling company.It is something the citizens really support and it goes in with our land preservation and planning that they are trying to do.Not one solution is the correct one. Vice Mayor Eck asked if Mineral Mountain was supported. Pinal County Supervisor Sandie Smith stated they voted for the Pinal County Comprehensive Plan Change in order for that to go forward.It is in Supervisor Ruiz' district.There are a lot of misconceptions on where it is located. Vice Mayor Eck commented he had been there and he thinks it is a great location.It is in a big bowl. Pinal County Supervisor Sandie Smith stated they wanted to bring all of the land into the landfill but she believes they pulled out 30 -some acres to be a buffer and to be preserved. Vice Mayor Eck commented the city would hopefully take its transfer station to that. Pinal County Supervisor Sandie Smith stated they will be presenting their comprehensive plan to the city in the future so that they can cooperate with the city.They are interested in going forward in partnerships. Assistant City Manager Bryant Powell commented they might consider using an exclusive license agreement for the land south of Baseline.They might be able to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 23 OF 26 work with the developer on that.However, he is not sure the council is interested in entertaining that idea. Vice Mayor Eck commented it may be too complicated. Councilmember Dietz agreed as some people may get angry about that area having it while others do not. Mayor Coleman closed the discussion and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESIDENTIAL SOLID WASTE COLLECTION, LANDFILL AND RECYCLING: THAT THE CITY WILL PROVIDE A LETTER OF SUPPORT FOR THE NORTHERN PINAL COUNTY REGIONAL LANDFILL, AND THAT THE CITY CONTINUE TO LOOK AT A TRANSFER STATION SITE IN APACHE JUNCTION TO RUN CONTIGUOUSLY WITH THE CLOSING OF LANDFILL, MAYBE AS THE LANDFILL IS GETTING READY TO CLOSE, MAYBE THE TRANSFER STATION IS GETTING READY TO OPEN SO THAT IT CAN STILL HELP TO ALLEVIATE SOME OF THOSE COSTS AND GAS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. ANNOUNCEMENT OF CURRENT EVENTS (reopened) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 24 OF 26 Vice Mayor Eck requested they reopen Announcement of Current Events as he wanted to comment on his cousin living in Florida in the area where two tornadoes hit and her house was the only one left in a half mile square area.He is thankful she survived. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz commented there would be no work session on Monday, February 19, 2007 in observance of Presidents' Day and MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON TUESDAY, FEBRUARY 20, 2007, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:03 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of December 29, 2006. 3. Acceptance of Minutes of Regular Meeting of January 16, 2007. 4. Resolution No. 07-07, Expanding the boundaries of the Superstition Mountains Community Facilities District No. 1 to allow sewer service to be provided to Desert Mesa REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 25 OF 26 Holdings, L.L.C., located outside the corporate limits of the City at 3640 South Cactus Road. 5.Acknowledge Receipt of the Comprehensive Annual Fiscal Report for Fiscal Year Ended June 30, 2005. ACCEPTED THIS 20TH DAY OF FEBRUARY, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF FEBRUARY, 2007. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS C Mayor CITY COUNCIL MINUTES CERTIFICATION LEMAN I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th day of February, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of February, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2007 PAGE 26 OF 26