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HomeMy WebLinkAbout2006-09-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 5, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 5, 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 7:23 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: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 Interim Dev. Svcs. Dir. Dennis Dixon Business Advocate Amy Malloy Others Present:Assistant Planner Yanet Ochoa Assistant Planner Mike Heuchert REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 1 OF 31 Senior Planner Rudy Esquivias Grants Specialist Roger Hacker CDBG Admin. Assistant Melinda Larson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 06-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR THE "VISTA MEADOWS" SUBDIVISION, IN CASE SD -5-05, BY DOWN TO EARTH PROPERTIES, LLC, REPRESENTED BY DURAN THOMPSON, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs. Sandie Smith, Pinal County Supervisor, addressed the council to introduce representatives of the new Best Buy opening at Signal Butte and US 60.She stated they have an important announcement tonight regarding the Boys and Girls Club and they are very interested in being part of the community.They are not inside the city limits, but they sought her out stating they want to be a part of the community of Pinal County and Apache Junction.Judy Borey, the director of the Boys and Girls Club, is also in attendance, along with Laura Dean -Lytle, the vice president of the club.Mrs. Dean -Lytle is also the Pinal County Recorder.She also invited Tess Nesser to the podium as she is on the board.She introduced Tony Esposito, the Assistant Director of the Best Buy at Signal Butte, and his associate, Alex.She welcomed them to the community. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 2 OF 31 Mr. Tony Esposito, Assistant Director at Best Buy, addressed the council.He stated they are coming out to Signal Butte and US 60 and he is aware it is not within their borders or tax dollars.However, they are very committed to the community. They are pleased to be coming out to this area and they promise to be very involved in the community.He then introduced Alex Pena. Mr. Alex Pena, Best Buy, addressed the council.He commented Best Buy will be bringing experience to the community.They are the leading electronics retailer with over 750 stores.They are also in Canada and will be expending to China in December.He is in charge of the small business section.He commented on the different services they will have available to the community. Mr. Tony Esposito stated their store opens October 13, 2006. Their grand opening event will be at 9:00 a.m.At 9:30 a.m. they will be presenting a check to the local Boys and Girls Club for $10,000.He invited the council and the community to the grand opening. Mr. Kenneth Crawford, 564 N. Emery Drive, Mesa, addressed the council.He requested the council look into what may be a civil rights issue.He had engaged a realtor to look for a home for him in Apache Junction.They were going to stay in Mesa but they could not get their daughter into school there.They rented a spot at the OK Corral from Josh, the manager, whose father owns the place.Josh left for two weeks on vacation. While he was gone, they went up to the mountains to pick up their motor home and bring it down to the rental spot so that they could live in it while they got their home ready to sell and while they were searching for a place to live.They had told Josh they would only be in there for a month or two until they found a place.Josh stated that was great as he could normally not rent that spot during the summertime.Upon their arrival with the motor home Josh told them that he had been harassed by a police officer who had been sent out by the principal of the school, and that his wife was committing a scam even though she had established residency by getting her driver's license and registering to vote.Josh said the police officer told him that what they were doing was illegal and he would be involved, and that if he did not get rid of them, that the police would be in his life.Josh caved in; they moved in REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 3 OF 31 and Josh told them they could not live there.He has not given them back their rent money for the month.They have talked to the chief of police. Ms. Dee Fountain, 2158 N. Apache Drive, Apache Junction, addressed the council.She stated she has just had a lung operation for cancer.Her husband has had three strokes and has a stiff hip and must be helped 24 hours a day.They have a camper on the property that they would like to have a caretaker live in.The zoning allows a camper to be used if they are taking care of horses.They need 24 hour care and they would like to be able to use their camper during their time of need. She was told by planning they could not do so unless she had a horse.She was told she had to come to the council to get any kind of a waiver to use that for a 24 hour caretaker.She requested they consider changing the code a little to allow medical caretakers for people who need medical care.A block away they allow one for approximately 6-9 horses on the same size property.Her place is clean and she abides by the rules. Ms. Sherry Smith, 2158 N. Apache Drive, Apache Junction, addressed the council.She is the daughter of Dee Fountain. She stated she had taken 12 weeks of family leave so that she could take care of her parents, but she is required to go back to work now.They cannot be left at home by themselves.She cannot afford to pay someone to come in for a few hours.She could get by if she could have someone come in and live there and give them room and board. Councilmember Severs commented the chief of police is doing an investigation right now into the Crawford situation.He added he has checked into the Fountain situation 2 or 3 times already. It is confusing the way the code is written for a caretaker suite, that it can be for horses but not for people.He would like to look into that.He thinks it is important to take care of our parents as they have taken care of us all their lives. We need to take care of our parents when they need it.He would like to see a way to make that happen. Vice Mayor Eck commented they could put something in it specific to medical care. Mayor Coleman asked if they were asking staff to do this. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 4 OF 31 Vice Mayor Eck and Councilmember Severs stated they were. Councilmember Severs commented he would like to see staff look into how we could reword the existing code to allow health care for the elderly; for anyone in need of health care. Vice Mayor Eck commented he would like to see how that compares because he knows the current code has a livestock issue.They could look at that and do a comparison and possibly revise the code. Councilmember Severs stated it is currently very unclear.The last time he looked it stated for livestock.He was told it was equestrian only.When he checked again, it was unclear if it was only for seasonal or for a certain period of time or for all year.He would like to see it made clear and definite and to include health care in there as well. Mayor Coleman stated he is not real clear as to what the code allows and does not allow as far as caretaker quarters.It will be an education for him. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced that today was the one year anniversary of the multi -generational center and senior center opening. CITY MANAGER'S REPORT City Manager George Hoffman commented there has been recent media attention concerning a temporary employee within the police department.He had offered this chief, as he had with Interim Chief Campbell, the option of bringing on board someone to offer them temporary assistance; someone to serve as a staffing bridge until full time assistance could be brought on board.Both availed themselves of that offer.Chief Walp has filled the corporal and sergeant positions in the department. The process for the three captain positions has yielded two finalists that are now undergoing a thorough and rigorous background check.If those candidates successfully complete the background check and come on board, they will substantially complete the staffing of the supervisory and management ranks REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 5 OF 31 within the department.He will be coming back to the council for consideration of adding a deputy chief position to the classification plan.The filling of these full time positions will substantially diminish the need for temporary assistance. Chief Walp directed the Arizona Capitol Police for a brief period of time.He reviewed the allegations about Jay Swart during that time.Subsequent to the chief's departure from the Arizona Capitol Police additional allegations were made about Mr. Swart.He has directed the chief to review the documentation concerning those allegations.On August 23 the city attorney requested the documentation from the state.He was advised by Alex Turner with the Department of Administration that the documents requested are approximately 1,000 pages in length and are being sent out for copying and should be available Wednesday or Thursday of this week.He has requested the city attorney assist the chief in reviewing the documents. The chief has pointed out that anyone can allege anything about anyone, thus the critical issue is the truth based on the facts. The chief knows that the city council and he expect the highest level of honesty, integrity, and professionalism within the department.The chief shares these expectations.He anticipates that the chief will offer the data his closest and strictest scrutiny. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION HARLEY-DAVIDSON HOG CHAPTER FOR GRAND OPENING ON OCTOBER 21, 2006 ) )City Clerk Kathleen Connelly briefed the council on the item.She stated it is a special event license for a one day event for Saturday, October 21.It has been filed on behalf of the city Harley-Davidson dealership.They are looking to conduct a day long event in honor of their anniversary.The packet contains comments from internal staff as well as the fire district.There have been no objections voiced to the event.The applicant has been invited to attend in the event of questions from the council. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 6 OF 31 Mr. Mark LeResche, 2910 W. Apache Trail, Apache Junction, addressed the council.He introduced Sabrina Miller as their marketing manager for Superstition Harley-Davidson and "Tiny" Tom Foster as their H.O.G. Chapter returning director.He hoped to see their faces at the event. Mayor Coleman commented he thinks they have a beautiful building and he appreciated all the work that went into it. Mr. Mark LeResche stated it has been a long haul.They are rapidly approaching the final conclusion, the punch list items are just about knocked out. The buildings are integrated and other than just a few items, it is finished.He invited them down for a tour.It is a sizable building with a lot of room and a lot of fun. Councilmember Severs commented he knows they cannot have the grand opening again, but he would like to see this as an annual event.It will draw a lot of attention to the community. 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 Severs MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION HARLEY-DAVIDSON HOG CHAPTER FOR THEIR GRAND OPENING ON OCTOBER 21, 2006, SUBMITTED BY MARK ALAN LERESCHE, 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. 1276, CASE PZ-07-06, REZONING REQUEST FROM CB -1 TO REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 7 OF 31 CR-3/PD TO BUILD SINGLE FAMILY DWELLING )Assistant Planner Yanet Ochoa briefed the council on the items.She stated this is for a 7,500 sq.ft. lot located just west of the southwest corner of 9th Avenue and Colt.Staff is recommending approval of Ordinance No. 1276. Mayor Coleman requested the applicant address the council.The applicant declined.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 Insalaco MOVED THAT ORDINANCE NO. 1276 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO. 1276, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1275, CASE PZ-6-06, REZONING OF CB -1 TO CR-3/PD TO BUILD SINGLE FAMILY DWELLING REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 8 OF 31 Councilmember Sippel SECONDED )Assistant Planner Yanet Ochoa briefed the council on the item.She stated this is also another rezoning located next to the previous item near the southwest corner of 9th Avenue and Colt.It is also for a single family home.Staff recommends approval of Ordinance No. 1275. Vice Mayor Eck commented both of them go with the area. Councilmember Dietz commented it is pretty straightforward. Assistant Planner Yanet Ochoa stated it has been done a couple of times before. of them go with the area. it is pretty straightforward. Mayor Coleman requested the applicant address the council.The applicant declined.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 Sippel MOVED THAT ORDINANCE NO. 1275 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Sippel MOVED THAT ORDINANCE NO. 1275, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 9 OF 31 VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-37, DECLARING AS A PUBLIC RECORD NEW CITY CODE CHAPTER 7 BUILDING WHICH INCLUDES COMPILATION OF VARIOUS BUILDING CODES AND OTHER HEALTH, SAFETY, UNIFORM AND INTERNATIONAL CODES ON FILE WITH THE CITY CLERK/ORDINANCE NO. 1273, AMENDING THE CITY CODE BY REPEALING CHAPTER 7 BUILDING PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS AND ADOPTING BY REFERENCE A NEW CHAPTER 7 BUILDING PERTAINING TO BUILDING CODES AND CONSTRUCTION STANDARDS/RESOLUTION NO. 06-38, DECLARING AS A PUBLIC RECORD THE "APACHE JUNCTION CITY CODE, CHAPTER 4 FEES,ARTICLE 4-4 DEVELOPMENT SERVICES DEPARTMENT FEES AND ESTABLISHING AN EFFECTIVE DATE/ORDINANCE NO. 1274, AMENDING THE CITY CODE BY REPEALING CHAPTER 4 FEES,ARTICLE 4-4 PLANNING, ZONING, REVIEW AND SUBDIVISION FEES AND ARTICLE 4-5 SPECIAL SIGN PERMIT FEES,AND ADOPTING BY REFERENCE A NEW CHAPTER 4 FEES, ARTICLE 4-4 DEVELOPMENT SERVICES DEPARTMENT FEES )Interim Development Services Director Dennis Dixon briefed the council on the items. He stated they would like to revise the fees of the development services charges to bring them closer to the average in the valley.They would also like to adopt the newest series of building codes. Vice Mayor Eck commented he said the one word average, because they run about the median. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 10 OF 31 Interim Development Services Director Dennis Dixon stated that is correct. Councilmember Severs commented these new codes are more of what they are using across the United States now.It will be easier for the contractors from one state to another to be able to understand the codes that we have now. Interim Development Services Director Dennis Dixon stated that is one of the advantages of them plus it will be more typical in the valley. 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 further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 06-37, 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 AND ENTITLED "APACHE JUNCTION CITY CODE, CHAPTER 7 BUILDING," AND DECLARING AS A PUBLIC RECORD THAT CERTAIN PUBLISHED COMPILATION OF RULES OR REGULATIONS PREPARED BY TECHNICAL TRADE ASSOCIATIONS FILED WITH THE CITY CLERK AND ENTITLED "UNIFORM ADMINISTRATIVE CODE" (1997 EDITION), "UNIFORM ADMINISTRATIVE CODE" (1997 EDITION), "INTERNATIONAL BUILDING CODE" (2006 EDITION), "INTERNATIONAL MECHANICAL CODE" (2006 EDITION), "INTERNATIONAL FIRE CODE" (2006 EDITION), "INTERNATIONAL RESIDENTIAL CODE" (2006 EDITION), "NATIONAL ELECTRIC CODE" (2005 EDITION), "UNIFORM PLUMBING CODE" (1994 EDITION), "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" (1997 EDITION), "UNIFORM SIGN CODE" (1997 EDITION),"ARIZONANS WITH DISABILITIES ACT" AND ITS IMPLEMENTATIVE RULES AND "AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES"; AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 11 OF 31 The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO. 1273 BE READ BY TITLE ONLY AND THE READNG OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1273, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Severs MOVED THAT RESOLUTION NO. 06-38, 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 AND ENTITLED "APACHE JUNCTION CITY CODE, CHAPTER 4 FEES,ARTICLE 4-4 DEVELOPMENT SERVICES DEPARTMENT FEES;AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 12 OF 31 Councilmember Severs MOVED THAT ORDINANCE NO. 1274 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Sippel MOVED THAT ORDINANCE NO. 1274, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS TOWER SPACE LEASE AGREEMENT WITH VERIZON WIRELESS ) )Assistant City Manager Bryant Powell briefed the council on the item.Staff is very close to finishing this agreement.Staff is requesting this be a discussion item only tonight.They will bring the agreement REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 13 OF 31 back in two weeks on September 19.They will have some time to look at the agreement and it will be placed on the consent agenda. Councilmember Dietz commented there is a motion in the packet. City Attorney Joel Stern stated they do not have to do the motion in the packet.They will bring it back and put it on the consent agenda.There were some legal issues in some of the language and some exhibit issues that came up at the last second.They did not have a signature either, and he likes to get a signature on an agreement before the council passes it. There was general discussion on whether a motion was needed or not.It was determined no motion was needed. Assistant City Manager Bryant Powell stated Verizon came to the city approximately one year ago and wanted to set up another cell tower alignment on the tower that is closest to the multi -generational center.The council has the policy of erecting these poles to allow for this type of service in the community in order to avoid having it closer to residential areas.This could be the last vendor that will come forward because of engineering requirements on the towers._Staff has negotiated what they feel is a fairly good and responsible agreement with Verizon at $2,000 per month. That is the current market.The agreement would be similar to other vendors on the tower which is a 4 or 5 year renewable extension to the agreement with a total of 20 years. Councilmember Dietz commented they will not have a third tower there. Assistant City Manager Bryant Powell stated they will not. Councilmember Dietz commented it would be added to the second tower. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 14 OF 31 Assistant City Manager Bryant Powell stated it will actually be added to the first tower. Councilmember Dietz commented they just want to put their equipment on it. Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Eck commented the tower is already there and they will just make more money off it. Councilmember Dietz commented it would save another tower from going up. Assistant City Manager Bryant Powell stated that is correct. Mayor Coleman closed the discussion and moved on to the next item. RESOLUTION NO. 06-41, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF PAYSON TO ESTABLISH A PARTNERSHIP ARRANGEMENT FOR APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT FUNDS/INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE TOWN OF PAYSON )Mayor Coleman asked if this is a renewal of one that they already have. CDBG Administrative Assistant Melinda Larson stated it is actually a new intergovernmental agreement and we have partnered with Payson in the past.If council adopts Resolution No. 06-41, it will authorize the city to enter into an intergovernmental agreement with Payson to establish a partnership arrangement for application for Community Development Block Grant Regional Account funds.This agreement is for the guaranteed funds for Fiscal Years 2007-08 and 2008-09.The Town of Payson would apply for the 2007-08 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 15 OF 31 ' cycle and receive double the allocation.The City of Apache Junction would apply for the 2008-09 cycle and receive double the allocation which would be approximately $285,000.If council adopts the resolution and approves the intergovernmental agreement, it will authorize the mayor to sign the agreement with the Town of Payson.Staff requests the resolution be adopted and approve the intergovernmental agreement. Vice Mayor Eck asked if they had skipped a year because the city made out a little better. CDBG Administrative Assistant Melinda Larson stated that is correct.There was some funding issues for the 2005-06 cycle.The city decided not to partner as the city would have lost money.The way it appears now, the method of distribution will remain as it was prior to this proposal during that cycle.Both Apache Junction and Payson felt like they would like to partner again allowing them to do better projects. City Attorney Joel Stern commented that the Town of Payson has already signed off on this.It has already been through their council. Mayor Coleman opened the items to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 06-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF PAYSON TO ESTABLISH A PARTNERING ARRANGEMENT FOR APPLCIATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT FUNDS, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 16 OF 31 Councilmember Severs MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF PAYSON AND THE CITY OF APACHE JUNCTION TO ESTABLISH A PARTNERSHIP AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN WHICH EACH MUNICIPALITY WOULD DOUBLE ITS ANNUAL ALLOTMENT OF SUCH FUNDS EVERY OTHER FISCAL YEAR, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SD -2-04, FINAL SUBDIVISION PLAT REQUEST FOR "CASA VILLAS" SUBDIVISION AT THE INTERSECTION OF W. 16TH AVENUE AND PINAL DRIVE BY KARL CONOVER AND JIM MASON OF BUILDER'S ALLIANCE )Senior Planner Rudy Esquivias briefed the council on the item.In 2004 Ordinance No. 1201 approved a planned development rezoning for a 10 acre property to CR-3MH/PD.The developer at that time, Randy Quesenberry of House Mart, wished to create a manufactured home subdivision of 31 lots with upgraded homes on 9,000 sq.ft.Mr. Quesenberry has since decided not to develop the property and he sold it to Karl Conover, who wishes to do a conventional home subdivision with more lots.Former Assistant Planner Griemsmann reasoned that with the base zoning for a CR-3 subdivision being at 7,000 sq.ft. minimum, the city would be getting a better product with conventional homes versus manufactured homes and it would be a trade off staff would support.Staff struggled with the plat as it did not come in with the originally approved 31 lots.The proposal has gone from 31 lots to 38 lots.The layout is very similar to the original version of the plan.The homes range from 1,405 sq.ft. to 1,830 sq.ft.The question before the council is if the trade off of 9,000 sq. ft. lots to 7,000 sq.ft. lots is a sufficient improvement over the original concept approved.This item will be back before the council for final approval in a couple weeks. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 17 OF 31 Vice Mayor Eck asked if the southwest corner was a tot lot. Senior Planner Rudy Esquivias stated it is.It is still proposed to be a retention and amenity area.The amenities will be above the retention basin area. Vice Mayor Eck commented there will be an area they can play in. Senior Planner Rudy Esquivias stated it will be a little neighborhood amenity area. Vice Mayor Eck commented he took a little heat passing that manufactured home subdivision. He went to Mr. Quesenberry several months later and asked him what was going on and he was told it was pure economics.He got the subdivision passed but did not have the money to finish it. He added he would take a trade off any day for 7,000 sq.ft. lots with conventional homes. The council consensus was approval of the trade off concept. Councilmember Severs asked that he define the differences in some of the names for the homes.He asked what a manufactured home is. Senior Planner Rudy Esquivias stated is a factory -built building built to the Department of Housing and Urban Development standards.The Housing and Urban Development certified homes were basically constructed after June of 1976.Prior to 1976 they were simply known as mobile homes and they were built to various standards that were not uniform in nature. Councilmember Severs asked what a modular is. Senior Planner Rudy Esquivias stated a modular is similar except it may comply with uniform building code requirements and now actually international REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 18 OF 31 building code requirements.A modular home typically arrives at the site in sections as opposed to a conventional home which is built from the ground up with individual building components and a normal phased inspection process. Councilmember Severs asked what a kit home is. Senior Planner Rudy Esquivias stated he is not familiar with kit homes.He asked if he meant like cabins and things like that where all the parts come pre- manufactured and are assembled on site. Councilmember Severs stated that is correct. Vice Mayor Eck asked if they have concrete foundations. Senior Planner Rudy Esquivias stated all of them can be put on a concrete foundation. that is correct. have concrete foundations. Councilmember Severs commented stick -built and conventional are the same thing; they are built on site. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs asked if it has to do with any of the properties being deeded or titled. Senior Planner Rudy Esquivias stated a manufactured home can receive what is called an Affidavit of Affixture, where the home itself becomes a permanent part of the property.They are not always done that way.Manufactured homes by nature can be removed and replaced or have new buildings built.It depends on how the owner chooses to title the property. Councilmember Severs commented he was told recently that if one gets a modular home and gets it deeded it can be considered a home, not a REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 19 OF 31 manufactured home.It could be legal in areas where manufactured homes are not legal. Senior Planner Rudy Esquivias stated that is true in other cities but when Apache Junction crafted its definition of conventional construction, they sought to preclude that as there was concern that modular homes would start to be built in areas of the city that have been traditionally for conventional homes only. Mayor Coleman stated given the choice he would like to leave the 31 lots with site built homes.He then closed the discussion and moved on to the next item. SD -2-05, FINAL SUBDIVISION PLAT REQUEST FOR "VILLAGE AT IRONWOOD" TOWNHOMES SUBDIVISION, BY AZIZ HELAL, AT NORTHEAST CORNER AREA OF ROOSEVELT AND IRONWOOD )Senior Planner Rudy Esquvias briefed the council on the item.He stated this is a 29 -unit townhome subdivision.The rezoning has already been approved.The townhomes will be two-story in the center of the development and one-story on the perimeter.There is a little neighborhood amenity area for the residents.The preliminary plat has been approved and the final plat comes before the council in two weeks for approval. Mayor Coleman asked if this is basically the same plan as the preliminary plat. Senior Planner Rudy Esquivias stated it is.It has an amenity area, a drainage feature and heavy landscaping on the frontages and perimeters. Mayor Coleman closed the discussion and moved on to the next item. SD -3-05, FINAL SUBDIVISION PLAT REQUEST FOR "SUPERSTITION MOUNTAIN ESTATES" BY FRANK DELL'ARMI AND ROBERT ESPOSITO AT THE SOUTHEAST REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 20 OF 31 CORNER OF LOST DUTCHMAN AND TOMAHAWK )Senior Planner Rudy Esquivias briefed the council on the item.He stated this one did not require a rezoning.The applicants intend to build 16 lots with conventional homes for the higher income bracket on 1.25 acre lots.Improvements will be made to Tomahawk and Lost Dutchman with internal streets built to public standards.A significant wash goes through the property which staff has assisted in working out.This will be coming back in 2 weeks for council approval. Vice Mayor Eck asked if lots 7 and 8 will be fronting Lost Dutchman. Senior Planner Rudy Esquivias stated that is correct. Councilmember Dietz asked if the interior streets will be dedicated to the city. Senior Planner Rudy Esquivias stated that is correct. Mayor Coleman closed the discussion with no further comments and moved on to the next item. FINAL PLAT FOR BROADWAY AND SAN MARCOS SINGLE FAMILY HOMES, CASE SD -5-04 )Assistant Planner Mike Heuchert briefed the council on the item.He stated this is an 84 -lot subdivision with + 3,400 sq.ft. lots.It was previously rezoned to CR-3/PD for single family use with the planned development allowing for a higher density.They recently appealed the landscaping and screening requirements where overhead power and utility lines were approved in exchange for a 1,200 sq.ft. clubhouse within the subdivision.Staff is awaiting the determination for the location of the clubhouse. Vice Mayor Eck commented that for the record the council approved their leaving the original REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 21 OF 31 poles up and the internal subdivision wiring would all be underground. Mayor Coleman closed the discussion with no further comments and moved on to the next item. UPDATE ON FINDINGS FROM ECONOMIC DEVELOPMENT TASK FORCE'S AREA PROFILE STUDY )Business Advocate Amy Malloy briefed the council on the item.She stated their packet should contain a draft copy of the area profile.They created the task force in the spring; she gave a brief synopsis of the team members.They met 4 times to discuss the community characteristics that were important to studied and assessed. The area profile contains employment corridor information, a job survey, an executive overview, demographics, work force characteristics, employment, infrastructure, housing, utilities, industrial job center, office availability, financial institutions, government, development assistance, development focus, and quality of life features.She will be coming back in 2 weeks with copies for the council and others to be distributed elsewhere.She anticipates regular updates.If the final draft is not ready for the next meeting, it will be distributed before the end of the month.The first phase of the task force was to get the profile completed.They would like to have a marriage between what is actually possible to be developed in the city and what we want to see developed. Mayor Coleman opened the item to council discussion.There being no discussion, he moved on to the next item. UPDATE ON PROPOSED DOWNTOWN DEVELOPMENT AGREEMENT )Business Advocate Amy Malloy briefed the council on the item.She stated the packet contains a staff report delineating the 16 main points of the development agreement, followed by important dates that they will be asking the developer to adhere to.The main points include the developer submitting to the city a master development plan; the master development plan including the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 22 OF 31 intensities of the uses, the public improvements necessary, and the proposed phases for the development of the project; the developer will submit to the city a phased development plan for each of the phases and for all subsequent phases for the life of the development; the phased development plan will be consistept with the new City Center District zoning; the downtown development agreement will span 23 years; the provisions of the downtown development agreement run with the land; the council will have approval of the downtown design standards and the downtown public improvement standards; the city agrees to provide tax increment financing rebates for the cost of the public improvements; how the financing for the public improvements will move forward; that it is the developer's responsibility to carry the cost of any gap between what the costs or the public improvements are and how much money is available to pay the costs; the city agrees to consider future sales tax rebates for future phases; the city and developer agree to identify the land area within the city that will be benefited by the design, construction and improvements to Idaho Road from the freeway north to Old West Highway; the city agrees to form an enhanced municipal service district for the downtown district; the developer agrees to design, plan, develop and construct the property in accordance with the master development plan, the downtown district design standards and the downtown district public improvement standards; developer will provide assurance of financing to the city prior to the commencement of construction or public improvement; and the developer agrees to construct a minimum of 400,000 sq.ft. of mixed use development for the first phase.She briefed them on the performance schedule.Dirt is scheduled to be turned in 2 years and 7 months on April 20, 2009, with completion of construction scheduled for March 2011 for phase one. Councilmember Waldron asked what an enhanced municipal service district is when compared to a regular municipal service district. Business Advocate Amy Malloy stated it allows for events to take place and for the general fund of the city to not be damaged by having an enhanced service for those events.One developer could agree to pay a certain percentage towards the enhanced municipal service district, but as they sell it to other developers, that means all the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 23 OF 31 developers will pay a percentage into the enhanced municipal service district.The city will not be left holding the bag trying to put on great events. Vice Mayor Eck asked if it would affect any current events that they have. Business Advocate Amy Malloy stated it is just for the downtown district area. Vice Mayor Eck asked if she would consider self tax rebates on items 3 and 11.He asked if a structure could be put in that would be adequate.He was concerned that someone might put in improvements that went past the tax increment financing rebates and could possible qualify for some sales tax rebates. Business Advocate Amy Malloy stated that is something they may want to check in the agreement to see if it is there.She was paraphrasing the agreement earlier.She will make sure that they include sales tax rebates or other incentives as necessary in future phases of development. Vice Mayor Eck asked if mixed use development meant residential, commercial and retail. Business Advocate Amy Malloy stated it is horizontally and vertically integrated mixed use. It could be a condo unit next to a retail unit.It could also be first floor restaurant/retail/office with condos on top. Vice Mayor Eck commented she is saying it is residential, retail and commercial; not high density residential or medium density residential. Business Advocate Amy Malloy stated the density is 50 dwelling units per acre according to the City Center District rezoning.They have the ability of doing 50 condo units on the outside perimeter of the district. In the main street area, the condos will most likely be on the upper story. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 24 OF 31 Vice Mayor Eck stated he was concerned that the mixed use might be mixed use residential. Business Advocate Amy Malloy stated it does not. Assistant Manager Bryant Powell commented this is giving them a minimum. Business Advocate Amy Malloy stated it does; it is 400,000 sq.ft. minimum in the first phase. This number came out after the market study so it is current. Councilmember Severs commented he would like to see them offer some type of incentive for developers who would want to build businesses as early as possible instead of the residential.The City of Scottsdale gives credits for those wanting to develop a business which can be used to waive development fees or building permits. Business Advocate Amy Malloy stated the development agreement coming before them has been taken from the master development agreement for the owners of the land.There will be future phased development agreements pertaining to each of the phased development plans.They will have the ability to use sales tax rebates or other incentives for those future phased development agreements. Councilmember Severs commented he would also like to see an area designated as an entertainment district. Business Advocate Amy Malloy stated that is predictive. Councilmember Insalaco asked if the timelines are set in stone. Business Advocate Amy Malloy stated they are coming before council to ask their opinion on changes to these dates.They had some earlier feedback from the council on the dates and were able to negotiate with the developer to move up some of the time frames.The developer has REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 25 OF 31 approved this time frame schedule.If there is no problem with council on this the schedule it will be put in the agreement. Councilmember Insalaco asked if there was a chance of moving some of them up. Business Advocate Amy Malloy asked which ones. Mayor Coleman, Councilmember Dietz and Councilmember Insalaco commented commencement to completion. Business Advocate Amy Malloy stated they will be hard to move up. Councilmember Insalaco stated it will be hard to tell the public this. Business Advocate Amy Malloy stated they have been telling the public that it would be 3 to 5 years from commencement of construction to completion of construction.This is consistent of what they have been saying and what has been communicated at staff level.They could have some of the development before that time frame if it is not the development they look forward to having.Part of the issue is to move up all of the previous scheduled dates.It would take almost 2 years for the design guidelines and architectural design guidelines to be done, get the plans through review and get the plans passed by the council and the community. Councilmember Insalaco asked if there was any way for some of the items to be worked on at the same time. Business Advocate Amy Malloy stated she believes some of these will be worked on at the same time.They have been doing that all along.The schedule was put in place after meeting with development services staff and getting their best estimate. Mayor Coleman commented that they understand that this is an aggressive schedule. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 26 OF 31 Councilmember Insalaco commented they understand, but how do they tell the people. Councilmember Waldron commented they tell them it is a huge project.It is not a 30- lot subdivision.It is massive and expensive and it will take a lot of work to do.People are reasonable and they will understand. Vice Mayor Eck agreed, but added he believes there are a lot of people in the community that think the Grand Hotel is going to be leveled and there will be a movie theatre in 6 months or a year.That is their reality.The council does not know what the first project will be.He commented the market study could be revised. Business Advocate Amy Malloy stated the Apache Junction Town Center LLC was not happy with the market study.They felt that it could have been anywhere. It did not take into account the amenities in the area such as the recreational opportunities, the mountains and the parks. There could be future revisions of it.The market study we do have paints a different picture from 700,000 sq.ft. of mixed use retail happening in the first 5 years. Mayor Coleman closed the discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF CONTRACTS WITH VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR FISCAL YEAR 2006-07 )City Clerk Kathleen Connelly briefed them on the item.The Health and Human Services Commission met to review the applications, interview the applicants, and formulate their recommendations.This year we had $160,296 in requests and the commission had to pare that down to $80,000.They did an excellent job.They are recommending that five agencies be funded, all of which they have seen before.They are recommending the Food Bank receive $16,000, the Boys and Girls Club receive $18,000, the Salvation Army $6,000, Community Action Human Resource Agency $8,000, and REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 27 OF 31 the East Valley Senior Services $32,000.If these recommendations are accepted, the contracts will be on the next meeting agenda for approval.All of these agencies have to comply with quarterly reporting requirements.The newly -elected chairperson of the commission, Sue Clabuesch, is in attendance this evening if they have any other questions or need any other information. Vice Mayor Eck stated he was curious about Arizona Bridge to Independent Living. City Clerk Kathleen Connelly stated they are an organization based in Phoenix and she believes they requested over $40,000. Vice Mayor Eck commented it was $36,790. City Clerk Kathleen Connelly stated their proposal was to make residences handicapped accessible.One of their proposals was to make rental properties handicapped accessible which cannot be done with public funds.They cannot improve someone's income property. They seem to duplicate or want to duplicate some of the work that Community Action Human Resource Agency was already doing. Vice Mayor Eck commented he likes where it is at, limiting the number to 5 agencies.He sees that St. George and Central Arizona Alliance Against Family Abuse did not apply this year.That leaves more money for the rest. Councilmember Dietz commented it is so hard to do.The council really appreciates what the commission does.They do a good job putting everything together. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CONTRACTS WITH VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 28 OF 31 FISCAL YEAR 2006-07:THAT STAFF PROCEED WITH AGREEMENTS WITH THE HEALTH AND HUMAN SERVICES COMMISSION RECOMMENDATIONS AND BRING THEM BACK IN TWO WEEKS FOR APPROVAL. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FISCAL YEAR 2007 LOCAL TRANSPORTATION ASSISTANCE FUND II GRANT APPLICATION )Grants Specialist Roger Hacker briefed the council on the item.He stated staff is requesting direction as to what project or projects to begin preparation for our Local Transportation Assistance Fund II application that is due on September 15.As in the past, the leadership team has suggested projects and staff had researched those.The leadership team recommendation is to continue funding the transportation program at the multi -generational center and to acquire a 12 -passenger wheelchair accessible van for use by the senior center for their transportation program. Staff will come back in two weeks for adoption of the resolution giving them permission to submit the application.Mr. Dan Taylor, Executive Director of East Valley Senior Services is here this evening should they have any questions. Vice Mayor Eck commented it has been a great program. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FISCAL YEAR 2007 LOCAL TRANSPORTATION ASSISTANCE FUND (LTAF) II GRANT APPLICATION:TO BEGIN PREPARATION FOR THE GRANT APPLICATION TO APPROVE CAPITAL, OPERATIONS AND MAINTENANCE SUPPORT FOR THE CITY OF APACHE JUNCTION SENIOR CENTER'S TRANSPORTATION PROGRAM. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 29 OF 31 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, SEPTEMBER 18, 2006, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, SEPTEMBER 19, 2006, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Coleman adjourned the meeting at 9:28 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of August 15, 2006. 3. Approval of Resolution No. 06-42, Case SD -5-05, Final Subdivision Plat Request for "Vista Meadows" Subdivision by Down to Earth Properties, L.L.C. for a 16 -lot conventional homes subdivision with public streets, 7000 sq.ft. minimum lots, on 5 -gross acres at the northwest corner of South Wickiup Road and East 19th Avenue. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 30 OF 31 ACCEPTED THIS 19TH DAY OF SEPTEMBER , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF SEPTEMBER 2006. ATTEST: KATHLEEN CONNELLY City Clerk I IDOUGLAS CgLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of September, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of September, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 2006 PAGE 31 OF 31