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HomeMy WebLinkAbout2006-08-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 15, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 15, 2006, 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 7:10 p.m. INVOCATION Councilmember Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz 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: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Public Works Director Doug Dobson Business Advocate Amy Malloy Associate Planner Clare Fuchs Assistant Planner Todd Kennedy Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 1 OF 33 Grants Specialist Roger Hacker CDBG Admin. Assistant Melinda Larson Public Works Manager Shane Kiesow Detectives Admin. Assistant Jenny Lewis ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE FIRST AMENDMENT TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE LEADERSHIP CENTRE OF COMMUNITY MEDIATION SERVICES FOR 5 YEARS AT A COST NOT TO EXCEED $6,950 ANNUALLY, WHICH INCLUDES $5,000 FOR PARTNERSHIP MEMBERSHIP AND $1,950 TO TRAIN THREE ADDITIONAL VOLUNTEER COMMUNITY MEDIATORS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR PW 2006-06, TIRES, BE AWARDED TO AM- PAC TIRE DISTRIBUTORS FOR ITEM 25 (8 TIRES) FOR A TOTAL AMOUNT OF $2,541.20; TO GCR TIRE CENTER FOR ITEMS 6, 7, 23, 24, 26, 28 AND 29 (52 TIRES) FOR A TOTAL AMOUNT OF $8,066.36, AND TO PURCELL TIRE COMPANY FOR ITEMS 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 27, 30, 31, 32, AND 33 (233 TIRES) FOR A TOTAL AMOUNT OF $25,279.20, FOR A GRAND TOTAL OF $35,886.76, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE INSIGNIA AND MARKINGS ON POLICE VEHICLES REGARDING PAINT PATTERN AND PAINT COLOR; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE CITY OF MESA RELATING TO MESA POLICE ACADEMY AND MISCELLANEOUS LAW ENFORCMEENT TRAINING; AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 06-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE ACCEPTANCE OF GILA RIVER INDIAN COMMUNITY STATE -SHARED GAMING REVENUES GRANT FOR THE PURPOSE TO OBTAIN AN ELECTRONIC FINGERPRINTING SYSTEM LIVE SCAN FOR PUBLIC SAFETY BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 2 OF 33 THAT THE STREET LIGHT IMPROVEMENT DISTRICT ASSESSMENTS SENT TO PINAL COUNTY FOR FY 2006-2007 BE RATIFIED; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AUTHORIZING THE CITY TO ASSIGN ONE POLICE OFFICER TO THE ARIZONA DEPARTMENT OF PUBLIC SAFETY TO THE STATE GANG TASK FORCE WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY REIMBURSING THE CITY 85t OF THE PAYROLL EXPENSES AND OTHER EXPENSES TO PROVIDE GANG ENFORCEMENT RESOURCES IN APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 06-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE FINAL PLAT FOR IRONWOOD TRAILS, A RESIDENTIAL SUBDIVISION, IN CASE SD -4-05, BY TANA NICHOLS, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mr. Gregory Mendoza, Chief of Staff of the Gila River Indian Community, presented a check for $77,958 for the acquisition of an automated fingerprint system.He stated this is in accordance with Proposition 202, which sets the stage for the current gaming compacts between the state and the Indian tribes and allows for the sharing of gaming revenues.The program focuses on 5 priority areas of funding:public safety, health care, education, transportation and economic development.Their latest grant cycle supported a request from the Apache Junction Police Department for an electronic fingerprinting system, a computerized process that will take and transmit finger impressions electronically and link up with fingerprint databases throughout the state. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 3 OF 33 Mayor Coleman read a proclamation designating the month of August as "Drowning Impact Awareness Month" at the request of Water Watchers from Phoenix Children's Hospital. CALL TO THE PUBLIC Mr. Larry Cline, 6927 E. San Cristobal Way, Gold Canyon, addressed the council regarding wellness and health care.Roger Hacker took the initiative to meet with representatives from St. Luke's in Scottsdale to discuss a process whereby strengths, weaknesses, assets and gaps could be identified.A group of area residents and business people representing the community formed the Apache Junction Wellness Alliance and met to discuss the topic.There were many varying views of what we have and what is needed.They determined they need to define wellness and health care.Wellness could mean physical, emotional, economical, spiritual or educational.Health care could mean providing, preventing, diagnostic, hospitalization, emergency care, or stepped up services for the senior population.There were different perceptions for assets and gaps.They determined they needed to garner community participation.A community forum is the venue they need to hear from the residents.It will solicit concerns and suggestions, recruit citizen participation in problem resolution, and help develop a process whereby all willing residents will partner in creating a wellness program that is beneficial to everyone.He asked for the council's support by participating and leading the city in a proactive effort to assure wellness for everyone and optimum health care for those in need of services.The Apache Junction Wellness Alliance Forum will be held on Wednesday, September 27, from 8 a.m. to 10 a.m. at the John Calvin Presbyterian Church. He asked for their valued opinions and expertise.Their goal is to gather 80 to 100 people for break out groups.The comments will be compiled, analyzed, and one or two achievable projects will be chosen to be addressed.All attendees will receive a summary of the results.He requested they contact Roger Hacker with their confirmation to attend. ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman announced that next week is the Arizona League of Cities and Towns Conference in Tucson.It begins Tuesday evening with the host mayor's reception with the opening session REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 4 OF 33 Wednesday morning.Our city will have a booth at the Festival of Cities Wednesday night where we will be giving away ice cream.Blue Bell Ice Cream has a regional distributing center here in Apache Junction and it is generous on their part to provide the city with the ice cream. Councilmember Sippel added that Mayor Coleman, as President of the League of Cities and Towns, will have the opportunity to introduce the governor. CITY MANAGER'S REPORT City Manager George Hoffman introduced new Assistant to the City Manager Ruth Wiese.She joined us from the City of Mesa where she was a Management Assistant for 5 years in the Diversity Office.Prior to Mesa she worked for the City of Glendale as a Council Assistant.She has a Bachelor of Arts degree in Political Science from the University of California -San Diego and a Juris Doctorate from the University of San Diego Law School.He then invited the council and interested public to a promotion ceremony this Friday in the council chambers at noon. Five sergeants, six corporals, and three senior telecommunications officers will be formally recognized in a formal promotion ceremony.He believes it will be the first that this organization has ever had.It represents the spirit and dignity Chief Walp is bringing to the police force and he is looking forward to it.Recruitment and assembling a management team has been high on the Chief's list of priorities.There are 94 employees in the department and he is well on the way to having the department fully staffed.They are currently recruiting for crime scene technician, animal control kennel assistant and animal control intern.They were interviewing the kennel assistants today and will interview the interns Thursday. The detention officer candidates have been interviewed and we are currently doing background checks on them.There are 4 police officer positions they are looking to fill; he has authorized the chief to overfill the number of officers so that as vacancies happen, they will ideally keep fully staffed.The chief has the authority to fill 2 more positions than are technically in the budget.He believes the chief can maximize his staffing level over the year's end with that approach.The next step is to bring on board the 3 captain positions; the applicants have been interviewed and they will begin an REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 5 OF 33 extensive background check process.Following those positions being filled, he and the chief will come back to council to ask them to contemplate a change in the classification plan by taking a senior commander position and making it a deputy chief position.It will create a number two position that could, over time, give them someone who could step in as chief or who would be competitive in a national recruitment process in that capacity.One of the things they are trying to do across the organization is bring our number two positions to the point where their competitive at a national level for the number one positions.They are not guaranteed the job, but they want to develop them and encourage them to be ready should that number one position become available for succession.He will probably ask the chief to come back at a later date to give a belated six month update on the progress. PUBLIC HEARINGS REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT FOR A TERM FROM SEPTEMBER 6, 2006 THROUGH MAY 31, 2009 )City Clerk Kathleen Connelly briefed the council on the items.She stated on a two or three year basis, there are two off track betting sites in the city that are required to come back for approval.One site is at Greyhound Park, which has Turf Paradise racing, and the second site is at Arizona Joe's, which also covers Turf Paradise racing.At this time they are looking at Arizona Joe's and the information in your packet from the fire district and internal staff is that they find no reason why this request should not be re -approved. Mayor Coleman requested the applicant address the council. Mr. Jack Mullen, Director of Off Track Operations, Turf Paradise, addressed the council.He stated they come before the board every three years as they have a three year cycle licensed by the state.The council has REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 6 OF 33 graciously renewed them every three years to continue the operation at Arizona Joe's. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and called for a motion. Councilmember Insalaco MOVED THAT THE REQUEST FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT, SUBMITTED BY TURF PARADISE RACE COURSE ON BEHALF OF TURF PARADISE FOR RACING FROM SEPTEMBER 6, 2006 THROUGH MAY 31, 2009, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF RACING. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-40, DECLARING AS A PUBLIC RECORD LAND DEVELOPMENT CODE NEW SECTION 16.0700 CITY CENTER ZONING DISTRICT (CCD)AND ADDING NEW DEFINITIONS TO SECTION 21.03 DEFINITIONS/ORDINANCE NO. 1271, AMENDING THE LAND DEVELOPMENT CODE BY ADDING NEW SECTION 16.0700 CITY CENTER ZONING DISTRICT (CCD) AND AMENDING SECTION 21.03 DEFINITIONS/ORDINANCE NO. 1270, REQUEST TO REZONE APPROXIMATELY 100 ACRES OF THE DOWNTOWN FROM GENERAL BUSINESS ZONE, GENERAL RURAL ZONE, AND MULTIPLE FAMILY RESIDENCE ZONE TO THE CITY CENTER DISTRICT )Associate Planner Clare Fuchs briefed the council on the items.She stated this is an opportunity to create a new zoning district which has never happened before in the city.It would create a zoning district that has pedestrian -oriented development in it.It would allow for vertically and horizontally integrated mixed use REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 7 OF 33 development, creating a more traditional downtown area.It would allow office, retail, hospitality and high density residential.They would all coexist in one place, which is not typically how traditional Euclidian zoning districts were. After creating the new text amendment, the next step is to rezone 100 acres of the downtown area to the new city center district.The area is bounded by Superstition Boulevard to the north, Outpost Road alignment to the east, Apache Trail/Old West Highway to the south, and Plaza Drive to the west.The general plan calls for all of these uses in the area so that it coincides with that.It would also coincide with the Downtown Implementation Plan passed by council in June.It would also coincide with the Crossroads Redevelopment Plan passed 10 years ago.The area currently has three zoning districts, CR-5 multiple family residential, GR single family residential, and CB -2 general business.These would now be changed into one zoning district, the city center district. Vice Mayor Eck asked if there is anything that says what the percentage is for each use in the district, such as percentage retail, percentage commercial and percentage residential. Associate Planner Clare Fuchs stated there is not.The text is written to allow for all those uses.The developer who develops the area will let the market decide what the percentages should be. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no discussion, he called for the motions. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-40, 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 "APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 6 COMMERCIAL DISTRICTS,NEW SECTION 16.0700 CITY CENTER ZONING DISTRICT (CCD) AND ADDITIONAL DEFINITIONS TO APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 21 REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 8 OF 33 SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING, SECTION 21.03 DEFINITIONS,BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1271 BE READ BY TITLE ONLY AND THE READNG 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 Waldron MOVED THAT ORDINANCE NO. 1271, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Sippel MOVED THAT ORDINANCE NO. 1270 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 9 OF 33 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Sippel MOVED THAT ORDINANCE NO. 1270, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPEAL OF THE UNDERGROUND UTILITY LINES AS SET FORTH IN THE LANDSCAPING AND SCREENING REQUIRE- MENTS OF THE LAND DEVELOPMENT CODE BY BILL O'BRIEN FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF BROADWAY AND SAN MARCOS Councilmember Waldron Senior Planner Rudy Esquivias briefed the council on the item.He stated an amendment to the code requires that the utility lines both within and upon the perimeter of new developments be undergrounded.The code makes an exception for lines larger than 12 KV and also for properties which have less than 100' of width at the street frontage.This property does not fall under the street frontage exemption.The applicants are requesting to waive undergrounding the lines along Broadway as it would be a financial hardship to the project.They are proposing an 84 lot subdivision which has already gone through the rezoning process and preliminary plat process.It is located at the northwest corner area of Broadway and San Marcos.The lots range from a little over 3,400 sq.ft. to about 3,700 sq.ft. in size.The homes are proposed to range from about 1,000 sq.ft. to about 2,000 sq.ft.One of the zoning conditions is that no more than 25% of the lots can be dedicated to homes of 1,000 sq.ft. and no less than 25% of homes of 2,000 sq.ft.There is a central amenity area near the main entrance on Broadway.They will have private streets.The applicant contends the properties to the REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 10 OF 33 east and west were not required to underground their utilities. They are asking for the same exemption.The property to the west is Renaissance Park and it was rezoned and platted at a time when this requirement did not exist.The property to the east is the last phase of Sierra Entrada; those were 16 lots of about 6,500 sq.ft.The reasoning behind Mr. Paustian not having to underground those lots was also financial as the cost would have been spread to only 16 lots.That was deemed to be cost prohibitive.In the current case they have 84 lots.Another possibility is the developer building a small clubhouse in lieu of the undergrounding requirement.In another case, the Long John Silver/A & W posted a check to the city for the future undergrounding of utilities on the street segment in front of their property.Those are the options council has for its consideration.The council may deny or approve the appeal on its own merit; if denied, they need to underground the utility lines.If approved, they do not have to underground the utility lines.There has been some discussion relative to these types of cases as to whether the code really intended to require the undergrounding of existing perimeter utility lines as opposed to new utilities or new utilities interior to the development. Staff believes the code says both new and existing.Council does have the option of presenting a different interpretation of that.If so, staff requests the council follow that up with a direction to staff at a later meeting to change the code.The council could also approve the appeal with conditions.In lieu of undergrounding the utilities, the developer shall construct a neighborhood clubhouse no less than 1,200 sq.ft. to match the architectural character of the homes.The square footage amount staff came up with is not set in stone.They thought it would be a reasonable size for a neighborhood with 84 lots.They could also instead require the developer to tender to the city a certified check in the amount it would cost to underground the utility lines as determined by the development services director.He directed the council to an attachment by Jim Lowe of Dry Utility Services, which states the lines are 12 KV and that Salt River Project has stated it would cost $75,000 to underground the lines.They could work with that figure.If the council approved option one, they could add any other conditions that they deem appropriate.For option two, council should make an interpretation on the underground requirement on all sides, within the development, only within the development, REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 11 OF 33 or some other combination that the council desires.Option three is basically a combination of the first two options. Councilmember Dietz asked if Long John Silver's had put the conduit in. Senior Planner Rudy Esquivias stated he believed they did.They were required to install the conduit for the dry utilities. Vice Mayor Eck commented his interpretation when they were creating this was for both, the existing and the new.However, from experiencing the effects it has and the costs, learning as we go, he had no idea as to the costs involved to have the existing undergrounded.This was about the views and open space.He had no idea of the incredible expense it was to take the current lines and underground them, even just 2 poles, or like in Long John Silver's, where they were going to have to bring in the larger pole in order to get rid of the smaller pole.He would like to go back and revisit the code. City Attorney Joel Stern stated either way they vote, there should probably be some specific findings in the motion because under the ordinance that passed, the article states strict enforcement of the article may be waived if it would constitute an undue hardship on the developer or minimum benefits would accrue to the city.There are other guidelines in order to avoid an arbitrary or capricious decision.Council's decision shall include but not be limited to review and analysis of the following factors:the extent of existing overhead lines and poles in the area of the project; the crossing of such lines over heavily traveled highways and streets; and the practicality and feasibility of undergrounding installations with regard to the comparative cost between underground and overhead installations. Councilmember Severs commented his understanding for the intent of this ordinance was basically for new development.All new development would be underground.They do not want any more overhead power lines. He realizes it was written in a different way to help get rid of some of the overhead power lines that are already there.But, REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 12 OF 33 as the vice mayor stated, it is a huge financial hardship for some of these developers.The idea of him possibly building a clubhouse in lieu of undergrounding power lines would still have him looking at a $75,000 to $80,000 expense for that.He thinks that if the ordinance was interpreted to the intent that he believes it was for, for new development and inside, he would not have any of those expenses either, such as the clubhouse or a check to the city for the value of the undergrounding.He would like to see this ordinance revisited, if possible. Mayor Coleman commented he remembers what his intent was when he voted on that ordinance. It was not just to get future development underground.When he looks out his window over the city, one of the biggest eyesores, no matter where you are in the city, is the overhead power lines.It is what sets us apart from a lot of other communities.He does not believe Gilbert even allows them in any part of their community.He is a little bit torn on this one because we did allow a waiver to the east of this property. He believes that waiver passed because it was not a development of 84 homes.It was the last phase of a development, and the one to the west was before the council passed the ordinance.He is not sure that his interpretation of that council is correct. That is the history of the ordinance.However, he is a little bit torn.If there was any possibility of getting that whole road down, that would make his decision easier.He is looking at 84 lots splitting $75,000.He was asking himself if he was moving in there would he rather have a clubhouse or underground utilities on the south portion of the development.He would rather have the clubhouse.He looks at Sierra Entrada and their clubhouse facility and what it is used for, for birthday parties and that sort of thing, and that is an amenity that is pretty good.The utility lines are on the south side of the development, so it is not the side that is facing the mountain. He does see that if they keep granting the waivers, we will always have what we have. Vice Mayor Eck commented he does not think so.He thinks they will on inf ill property.He does not think so with other new development.That is why he believes they should possibly go back and look at the code. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 13 OF 33 Councilmember Severs commented the mayor had mentioned that in Gilbert they are not allowed.He asked if, with the existing ordinance, it would ever be allowed here for any future development. Mayor Coleman commented they are allowing it here. Councilmember Severs commented that is with a waiver with existing lines.He asked if on any new development, such as the land to the south, it would not be allowed.There would not be any overhead power lines on the land to the south. Mayor Coleman commented this is a new development that they are talking about allowing to not have to underground. Councilmember Severs commented this is an infill project with existing power lines. He was asking if there would be any overhead power lines allowed on the land south of the city. Mayor Coleman commented he did not know.They could always apply for a variance. Assistant City Manager Bryant Powell stated he understands it is very expensive for 69 Ky. Mayor Coleman stated 69 KV would be different. Assistant City Manager Bryant Powell stated Gilbert and all the other communities across the valley do have 69 KV lines.Any 12 KV would be underground. Councilmember Sippel commented they say in their letter that this would be a financial hardship.The wording that they use is that it would be an unfair financial burden.The mayor had mentioned it would be $75,000 for 84 homes.That would be $900 a lot.They would still have to add in the trenching or those costs as well, so if another $75,000 is added they are talking about $1,500 to $1,800 REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 14 OF 33 a lot to either bury these power lines or get a clubhouse.He does not see how that is a financial hardship.These homes will be selling for in the $200,000's.He asked Rudy Esquivias if that was correct. Senior Planner Rudy Esquivias stated he did not have any estimates.They are very close to bringing the final plat to council and perhaps the applicant can answer that this evening or at that time. Councilmember Sippel commented when they come up he would like them to answer that. He did not see how $1,800 a lot is a huge financial hardship. Mayor Coleman asked if this property had been rezoned. Senior Planner Rudy Esquivias stated it was rezoned from CR-5, the old apartment zoning, to CR-3/PD for these smaller -sized lots and private streets. Councilmember Sippel commented so that they can look at their power lines as they drive into their gated community. Mayor Coleman requested the applicant address the council. Mr. Bill O'Brien, 9902 E. Monte Avenue, Mesa, addressed the council.He thanked Charles Beck and Sam Jarj ice for working hard and diligently with them to create a quality project.They have gone over with them their gated entries, paved entries, and allowing for a 4' easement at the north end of the property in order to access the 8' easement on the west side for the trail system.They have included pools, spas, tot lot, a grassy area for visual effects when you enter the community, four-sided elevations on all of the homes, and they have applied for 5 floor plans with a minimum of three elevations each.They have added over 25 trees and 415 plants along Broadway.There will be single story homes on the north and west sides of the property, and they have provided for energy efficient homes.As he drove down Broadway today, he counted almost 164 power poles for 5.2 miles, starting REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 15 OF 33 at Meridian and heading east.That is 27,546 feet of frontage; their frontage is a mere 530 feet, or 1.9% of the total linear footage.They would in essence be removing one pole.It does not make sense for this project to do that. Councilmember Sippel asked him why it states in their letter that it is an unfair financial burden versus no one else is doing it.It seems that their reasoning is not what you mean your reasoning to be.The letter from Jim states it would be an unfair financial burden if they have to take this power pole down.Mr. O'Brien is saying it is just unfair.He asked if it is because it is financially unfair or is it just because no one else is doing it. Mr. Bill O'Brien stated it is both. Councilmember Insalaco stated he went and looked at the sister development that this is supposed to represent.He was against this project until he went to see it.He was very impressed with the way it looked. He knows this will be a fine addition to the city.He agrees in that he would like to see all the poles gone, but that is impossible.Gilbert is a lot newer city than Apache Junction. We have these poles and we will probably have them forever.He agrees with them about taking down the one pole when they are all up and down the south side of Broadway.It does not seem fair.He does not see where one pole is going to hurt. Councilmember Waldron asked why this was not an issue when they were first planning this, and why they waited until the land was scraped, water was left standing after storms, and equipment vandalized.He asked why it was an issue at this point and was not brought up initially. Mr. Bill O'Brien stated it originally was brought up in their company, but it was continually dragged out.They had other issues to deal with at the time, trying to accommodate the stipulations that the city had put upon them to make this project work.It finally came to the point where they had to make a decision, and they made that decision.It has been holding up their final plat for months. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 16 OF 33 Vice Mayor Eck asked if this was not part of the process they were told by staff to follow. Councilmember Waldron commented that is why he asked the question, as this land has already been scraped.Every now and then a block goes up and a fence.It has been very disappointing to see it sit there and now this comes to us, which, to him, just delays it even further.He did not know why this was not done in the beginning. Mr. Bill O'Brien stated it was a mistake on their behalf. Councilmember Sippel asked what the price range is on the homes. Mr. Bill O'Brien stated they will probably start in the $150,000's. Councilmember Sippel asked if he thought his cost estimates were fair; between $1,500 and $1,800 a lot on the $75,000 they have been quoted in the letter. Mr. Bill O'Brien stated he did not. Councilmember Sippel asked what was wrong with his estimate. Mr. Bill O'Brien stated the costs he is looking at from Mr. Lowe from Dry Utilities Service is simply the Salt River Project cost. Councilmember Sippel stated that is correct.That is $75,000 at $900 per lot.He knows they have to add trenching.It mentions all of that in there. Mr. Bill O'Brien stated brand new street lights have to be added in, which are not in there, and backend costs to the customer have to be added in.They would be paying higher taxes and commission rates.There is more supervision involved so there are more overhead costs. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 17 OF 33 Councilmember Sippel asked what their figures are for what it would cost per lot. Mr. Bill O'Brien stated they estimated between $3,000 and $4,000 per lot. Vice Mayor Eck asked what he thinks of the trade off idea of the clubhouse. Mr. Bill O'Brien stated he agreed with what the mayor had stated earlier, that the customers would get more benefit out of a clubhouse around their pool and spa area than they would one pole being removed. Vice Mayor Eck asked if he was in agreement with that. Mr. Bill O'Brien stated they do not have a problem with building a clubhouse facility for the future residents. Councilmember Sippel commented since they are concerned about raising the prices of the lots he is concerned about the quality of the clubhouse.He asked if they would be against them putting a dollar stipulation that the clubhouse must at least meet these certain requirements.He does not want to get something that is a shanty.He wants to see a nice clubhouse.If they are going to do this trade off, it is going to be a nice clubhouse.It will be of high quality and high dollar. Mr. Bill O'Brien stated if he had looked at some of their other communities, he would have noticed the quality of the product presented is quite nice. They use tile roofs, stucco patterns and multiple paint schematics for their homes.They use things that most builders do not use.When looking at the development to the west of them, they have one-sided elevations.They do have large lots but they also have asphalt shingle roofs.They are also two- story homes that protrude very high into the sky.He does not believe the quality of their construction will be an issue. Councilmember Insalaco had stated he had been out to one of their projects.They have a gated pool, they have a gated spa, REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 18 OF 33 and they have a ramada area that is very nice for their customers to use.They have used it very extensively for birthday parties, events, and graduations.They will get more benefit from that then they will from one pole. Mayor Coleman opened the public hearing on the item. Mr. Craig Dike, 661 S. Weaver Drive, Apache Junction, addressed the council.He lives in one of the houses that was impeded by the rain.There was water standing when they dug the 3' high barrier.He wanted to ask the question that if it is one pole this time, how many poles next time.He asked when they would have another 200 poles on Broadway because they let one person do it again.That one pole is going to affect the city.He asked if the clubhouse would take care of all of them.He asked if they are willing to pay for a clubhouse or give the city a check, why are they not willing to bury the lines like the ordinance states.Other areas have done it, he would like to see it done here. Ms. Pepper Finn, 891 W. 5th Avenue, Apache Junction, addressed the council.She stated there has been a lot of attention addressed to the Broadway side of the development.She lives on the north side of the property and there are.existing lines back there.She commented that where the poles are on the west side that they do not have to underground, there is an existing easement of about 8 feet.She understands from tonight that there will only be a 4 foot easement between her property line and where they are going to build the fence.She is not sure how Salt River Project will be able to get in a 4 foot easement to take care of those lines if need be.She asked whose property they will have to use to get back to those lines for any repairs. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.He asked staff if there would be room for Salt River Project to make any repairs. Councilmember Sippel commented it was his understanding that they already have the 8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 19 OF 33 feet and there will be an additional 4 feet of easement.So there will actually be a 12 foot easement. Senior Planner Rudy Esquivias stated the plat map shows a 4 foot walkway between the wall of the north 2 or 3 lots. Mr. Bill O'Brien, 4136 E. Fox Street, stated the area she is talking about is being undergrounded because there is no access there.The 4 foot easement is just a pathway.Her lot is being undergrounded. Mayor Coleman asked if that is on the north side. Mr. Bill O'Brien stated that is correct. Councilmember Sippel commented that the power line is coming down. Mr. Bill O'Brien stated it is; it dead ends there.It services those 4 or 5 houses. Vice Mayor Eck commented the concern is where her property line is.He asked if there is a wall there. Mr. Bill O'Brien stated it would be like any other subdivision property line.There will be a wall on her property line, a wall on their property line, and the utilities will be undergrounded and accessible by Salt River Project.She should have been notified of that. City Attorney Joel Stern asked how much of an easement is there for the adjoining property owners on each side. Mr. Bill O'Brien stated there is a 4 foot easement that will be a pathway so that people can walk down to Cardinal Drive where they can then walk down to the main thoroughfare that the city apparently has throughout the whole city. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 20 OF 33 Councilmember Dietz commented it is the trail system. Mr. Bill O'Brien stated it has nothing to do with any power lines, it is just a pedestrian easement.It is already in place.They put a wall up there but the kids keep tearing it down. Councilmember Sippel asked where the power line underground would be going. Mr. Bill O'Brien showed them on a map the houses that the power line would be servicing, where it would stop and where it would tail into the houses. City Attorney Joel Stern asked how Salt River Project would get in there if there was a problem with the power line. Mr. Bill O'Brien stated the line will be in conduit, so they can just pull it. Councilmember Sippel stated that the power will now be coming from below and going up instead of coming from above and going down.He asked if Salt River Project made that choice. Mr. Bill O'Brien stated they did. City Clerk Kathleen Connelly commented in the staff report it stated that the undergrounding was indicated on the preliminary plat.She asked if the final plat can amend that. Senior Planner Rudy Esquivias stated he believed so.The preliminary plat does not catch all the final details.Those types of details are worked out on the final improvement plans as well as the plat drawings.This involves the construction details for all the infrastructure and utilities.He believes it is a detail of construction that they can address at the final plat stage. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 21 OF 33 City Clerk Kathleen Connelly commented it also states that the undergrounding was a condition of the rezoning.She asked if that was a stipulation in that rezoning ordinance. Senior Planner Rudy Esquivias stated it was a catch all.It is one of the boilerplate conditions, condition 6, which states "Any use or development of said properties conditioned upon the provision of public improvements, decorative masonry perimeter wall, et cetera, et cetera, and all other city codes, policies, guides and standards shall apply and control all design and construction of improvements."That would include the building code, landscape code, engineering guidelines and special zoning conditions.It is a catch all phrase.They were not requesting any deviations from the landscape code during the time of planned development process. City Clerk Kathleen Connelly stated the reason she is asking is that in ten years from now if someone tries to piece together what happened, she wanted to be sure the ordinance did not also have to be changed. City Attorney Joel Stern stated he thinks the appeal provisions allow something to be changed from the zoning ordinance anyway. Councilmember Sippel asked Rudy Esquivias to address his question on the quality of the clubhouse. Senior Planner Rudy Esquivias stated staff will make sure that when they get a submittal in, as the recommended condition states, that the clubhouse matches the architectural character of the homes.Mr. O'Brien mentioned 4 -sided architecture, certain materials on the roof, energy efficient construction, and architectural detailing.They will make sure that they look for those types of things when they do the plan review of the clubhouse.It will be for staff to monitor when they get those plans. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 22 OF 33 Councilmember Sippel asked if he knew what size of clubhouse it will be.The homes will be 1,200 sq.ft; he does not want a 1,200 sq.ft. clubhouse. Senior Planner Rudy Esquivias stated they are suggesting a 1,200 sq.ft. clubhouse but that number is not cast in stone.They were looking for something that would reasonably fit within the amenity area.They were envisioning that the ramada would be replaced by the clubhouse. There is a tot lot and swimming pool in the area. Councilmember Sippel commented the ramada is 1,200 sq.ft. Senior Planner Rudy Esquivias stated that is correct. Councilmember Sippel commented it does not look like 1,200 sq.ft., but he looks at the buildable area of the lots, and he would trust Rudy. Senior Planner Rudy Esquivias stated the development does have special setbacks that were given to it as part of the planned development.The homes basically range from 1,000 sq.ft. to 2,000 sq.ft. in size.The 1,200 sq.ft. for a clubhouse seemed like a good number. Councilmember Insalaco commented they will want to sell these homes to prospective buyers.If they are going to have all of these beautiful homes there, yet have a ramshackle for a clubhouse, no one would buy them.He is sure they are going to be putting in something of quality because they are going to want to sell these homes.He does not know who else went to see this place, but it was beautiful.He would love to see this in our community. Mayor Coleman asked if they would need to add the requirement for a clubhouse in the motion. Senior Planner Rudy Esquivias commented they could use motion number one if they desire to approve the request and then use recommended condition number one, plus any other conditions that they deem appropriate plus a REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 23 OF 33 couple of statements of justification as mentioned by the city attorney. Councilmember Sippel asked if the clubhouse will be appropriate in size for what they have in the community. Senior Planner Rudy Esquivias stated he thought it was comparable. Vice Mayor Eck commented he thought they should go back and look at the ordinance because ever since it was created there have been hardship problems. When he voted to create it, he had no idea of the costs.He did have a Salt River Project employee give him a hard time about it beforehand, saying we would be surprised at the cost.If this was the first pole on an empty street it would be a no brainer to go ahead and underground it.But to do only one pole and all the rest stay, plus there not being enough empty property left, he thinks they need to go back and look at the ordinance.To lower one pole, he wants them all below ground.He thinks they all do.Realistically, they will only get one and there are not many dirt lots left. Councilmember Waldron stated there are exactly four left on Broadway. Vice Mayor Eck commented they would still have sections from Meridian to Idaho.They will not get the undergrounding that they want. Councilmember Sippel commented he thinks that in 20 years from now the community will be impressed with the foresight of the council to underground those 5 or 6 poles to save them the hundreds of thousands of dollars to bury them 20 years from now.They have to start somewhere. Councilmember Severs asked why they should not discourage more people to build in Mesa or somewhere else.It is getting to be ridiculous.We need to stop and think about what our goals are as a council.Our goal as a council is to bring good things into our community, not REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 24 OF 33 discourage them going somewhere else.He asked how much more they are going to push this man. Councilmember Sippel stated they came to us and asked us to do a rezoning.At that time they had an opportunity to address this situation as well.Per their employee, it was an oversight on their part.They had an opportunity to do it and they did not do it. Councilmember Severs commented they were too busy dealing with the other 400 things that we requested of them. Councilmember Sippel stated that was because we were going to allow them to put this many homes in an area that should not have this many homes.We are already working with them. Vice Mayor Eck commented that everybody wants them underground, but it will cost them. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT PZ-8-06, AN APPEAL BY BILL O'BRIEN OF THE UNDERGROUNDING OF UTILITY LINES REQUIREMENT AS SET FORTH IN THE APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE,CHAPTER 6, ARTICLE 6-1 LANDSCAPING AND SCREENING REQUIREMENTS,SECTION 6-1-6 D UNDERGROUND OF UTILITY LINES,FOR A PROPERTY LOCATED ON THE NORTHWEST CORNER OF BROADWAY AVENUE AND SAN MARCOS DRIVE, BE DENIED. The motion died for lack of a second. There was general discussion on a new motion. Councilmember Waldron MOVED THAT PZ-8-06, AN APPEAL BY BILL O'BRIEN OF THE UNDERGROUND OF UTILITY LINES REQUIREMENT AS SET FORTH IN THE APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE,CHAPTER 6, ARTICLE 6-1 LANDSCAPING AND SCREENING REQUIREMENTS,SECTION 6-1-6 D REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 25 OF 33 UNDERGROUND OF UTILITY LINES,FOR A PROPERTY LOCATED ON THE NORTHWEST CORNER OF BROADWAY AVENUE AND SAN MARCOS DRIVE, BE APPROVED WITH THE FOLLOWING CONDITION:THAT IN LIEU OF UNDERGROUNDING THE UTILITIES, THE SUBDIVISION DEVELOPER SHALL CONSTRUCT A NEIGHBORHOOD CLUBHOUSE OF NO LESS THAN 1,200 SQUARE FEET TO MATCH THE ARCHITECTURAL CHARACTER OF THE HOMES, AND THAT THE REASON FOR THE MOTION IS DUE TO THE MINIMAL BENEFITS TO THE CITY OR THE VIEW SHED ON BROADWAY. Councilmember Dietz SECONDED THE MOTION. VOTE:6-1 (Councilmember Sippel voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PZ-10-06, APPEAL OF ORDINANCE NO. 940 REQUESTED BY KIM EATON OF E- BUILT CONTRACTING TO WAIVE THE TEN- FOOT LANDSCAPE BUFFER THAT SEPARATES THE PARKING LOT FROM THE ADJACENT RESIDENTIAL USE LOCATED AT 528 EAST NAVAJO ROAD )Assistant Planner Todd Kennedy briefed the council on the item.He stated this site is on the border of the CR-5 zoning.He described the surrounding area.The applicant is appealing Section 6-1-5 E.4., the requirement of the 10' wide landscape buffer that separates the parking lot from the adjacent parcel.He showed them on a map where it is located.The 10' buffer would create a hardship for the development as well as future residents. Approval of the waiver would create more room for traffic to get in and out as well as other services going in and out, such as utilities and emergency vehicles.The waiver has immediate and long term benefits.The current use is very beneficial; it is high density and it follows the general plan.The general plan identifies the area as medium density residential at 1-6 units REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 26 OF 33 per acre and the proposal fits that profile.It would enhance the area and bring many benefits to that area well into the future.In exchange for waiving the wall requirement, the applicant is willing to improve the amenities in the picnic area as well as add some enhanced landscaping including 24" box trees and some smaller trees.There is a great deal of landscaping throughout this area.The landscaping that would be lost to the 10' wide landscape buffer would be compensated by the additional landscaping put in throughout the parcel.Staff recommends the trade off of landscaping for the granting of the waiver. Councilmember Dietz asked if they would be putting in the amenity area in exchange for the waiver. Assistant Planner Todd Kennedy stated the amenity area and picnic area would be back in one area.Also, last night Councilmember Severs brought up a question on the covered parking.Covered parking was not discussed in the plans or in staff discussions.There are no plans for covered parking in the development currently. Councilmember Sippel stated the good thing about not having covered parking is that we do not want them to build in Mesa.He asked if there would be a concrete barrier between the parking lot and the wall so that they do not hit the wall when they pull up.The parking spots are butting up to the wall. Assistant Planner Todd Kennedy stated there will be.It might be a thickening of the current wall.He showed them a photograph.There will be protection, not so much as a barrier but more of a cushioning. There will be protection so that if they pull up to the wall too hard they do not knock it down.With the wall there will be a thickening to make sure there is some separation between the two uses.It will be 8' tall, as required, and provides plenty of protection. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 27 OF 33 Mr. Preston Stapley, 150 E. Guadalupe #71, Gilbert, project manager for E -Built Contracting, addressed the council and stated he would only have a statement if they had any concerns.There were no questions. 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 Dietz MOVED THAT PZ-10-06, AN APPEAL OF ORDINANCE NO. 940 BY KIM EATON OF E- BUILT CONTRACTING TO WAIVE THE TEN -FOOT LANDSCAPE BUFFER THAT SEPARATES THE PARKING LOT FROM THE ADJACENT RESIDENTIAL USE LOCATED AT 528 EAST NAVAJO AVENUE, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-21/ EXTINGUISHMENT CASE EX -2006-01, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON FORREST STREET BETWEEN CORTEZ ROAD AND BOWMAN ROAD; RESOLUTION NO. 06-22, EXTINGUISHMENT CASE EX -2006-02, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON PIONEER STREET BETWEEN CORTEZ ROAD AND BOWMAN ROAD; RESOLUTION NO. 06-31, EXTINGUISHMENT CASE EX -2006-03, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON STAGECOACH ROAD BETWEEN 1ST AVENUE AND 2ND AVENUE; RESOLUTION NO. 06-32, EXTINGUISHMENT CASE EX -2006-04, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON 1ST AVENUE REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 28 OF 33 BETWEEN TOMAHAWK ROAD AND DESCANSO ROAD )Mayor Coleman stated items 18, 19, 20 and 21 all deal with extinguishments of federally patented easements and they will all be done at the same time but with separate motions.The recommendation from staff on all of these is that they be extinguished. Public Works Director Doug Dobson stated that is correct.Item 18 deals with the extinguishment of Forrest between Cortez and Bowman, item 19 is for Pioneer Street between Cortez and Bowman, item 20 is for Stagecoach between 1st and 2nd Avenues, and item 21 is for 1st Avenue between Tomahawk and Descanso.These items were discussed at the July 17 work session.All four of the streets are from the Small Area Transportation Plan completed by Kirkham Michael.All of them have been recommended for abandonment. None of them have ever been opened or maintained by the city. Staff recommends the extinguishments be approved. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no discussion, he called for the motions. Councilmember Waldron MOVED THAT RESOLUTION NO. 06-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON FORREST STREET BETWEEN CORTEZ ROAD AND BOWMAN ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2006-01 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 29 OF 33 Councilmember Dietz MOVED THAT RESOLUTION NO. 06-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON PIONEER STREET BETWEEN CORTEZ ROAD AND BOWMAN ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2006-02 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUIHSED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT RESOLUTION NO. 06-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON STAGECOACH ROAD BETWEEN 1ST AVENUE AND 2ND AVENUE DESCRIBED IN EXTINGUISHMENT CASE EX -2006-03 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-32, A RESOLUTION OF THEMAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON 1ST AVENUE BETWEEN TOMAHAWK ROAD AND DESCANSO ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2006-04 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 30 OF 33 VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz announced that there would be no work session held on Monday, September 4, 2006 in observance of the Labor Day holiday.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON TUESDAY, SEPTEMBER 5, 2006, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:54 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of July 18, 2006. REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 31 OF 33 3. Consideration and possible approval of first amendment to extend the Professional Services Agreement with the Leadership Centre for Community Mediation Services at a cost not to exceed $6,950, which includes $5,000 for partnership membership and $1,950 to train three additional volunteer community mediators. 4. Approval of award of bid for PW 2006-06, Tires, to Am-Pac Tire Distributing, GCR Tire Center, and Purcell Tire Company for the combined total of $35,886.76. 5. Consideration and possible approval of insignia and markings on police vehicles regarding paint pattern and paint color. 6. Consideration and possible approval of Intergovernmental Agreement between the City of Mesa and the City of Apache Junction relating to Mesa Police Academy and miscellaneous law enforcement training. 7. Consideration and possible approval of Resolution No. 06-35, Authorizing the City of Apache Junction to purchase a Live Scan automated fingerprint system in the amount of $77,958 with a matching grant from the City in the amount of $24,288. 8. Ratification of Street Light Improvement District Assessments sent to Pinal County for FY 2006-2007. 9. Consideration and possible approval of Intergovernmental Agreement between the City of Apache Junction and the State of Arizona Department of Public Safety (DPS) authorizing the City to assign one police officer to the Arizona Department of Public Safety to the State Gang Task Force (GITEM).DPS will reimburse the City 85% of payroll expenses and other expenses to provide gang enforcement resources in Apache Junction. 10.Consideration and possible approval of Resolution No. 06- 39, Approval for final plat for the Ironwood Trails Subdivision, an approximately 5 -acre single family residential subdivision located on the northwest corner of Greasewood Street and Ironwood Drive (APN 100-35-028) REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 32 OF 33 ACCEPTED THIS 5TH DAY OF SEPTEMBER , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH 2006. ATTEST': KATHLEEN CONNELLY City Clerk DAY OF SEPTEMBER DOUGLAS Mayor CITY COUNCIL MINUTES CERTIFICATION OLEMAN I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of August, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of August, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 2006 PAGE 33 OF 33