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HomeMy WebLinkAbout2006-01-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 17,2006 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 17,2006,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 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Vice Mayor Eck was absent due to illness.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Interim Development Svcs.Director Dennis Dixon Assistant to the City. Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 1 OF 19 Others Present:Senior Planner Rudy Esquivias Management Assistant Janine Solley CDBG Administrative Assistant Melinda Larson Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A STREET SWEEPER IN THE AMOUNT OF $147,080.86 FROM H & E EQUIPMENT OF PHOENIX THROUGH CITY OF CHANDLER COOPERATIVE CONTRACT #A116-765-2222 WITH 93% OR $136,785.20 BEING REIMBURSED BY A CONGESTION MITIGATION AND AIR QUALITY GRANT AWARDED OT THE CITY ON AUGUST 10,2005,AND THE REMAINING 7%NOT TO EXCEED $10.295.66 TO BE THE TOTAL CITY DISBURSEMENT;AND THAT THE SETTLEMENT IN LOCAL GOVERNMENT INVESTMENT POOL LITIGATION,CITIES AND TOWNS V.J.P.MORGAN,ETAL,(OHIO DISTRICT COURT)IN THE AMOUNT OF $106,000 AS PART OF A GLOBAL PAYBACK PLAN TO ALL INVOLVED PLAINTIFFS,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Public Works Manager Shane Kiesow recognized Equipment Operator Melvin Morris with a service award for 25 years of service to the city.He received a voucher for 40 hours of vacation and the mayor presented him with an appreciation gift. CDBG Administrative Assistant Melinda Larson described the Tax Counseling for the Elderly program,a program through the Internal Revenue Service that the city partners on.I t promotes the Earned Income Tax Credit and free tax credit preparation to community residents.The volunteers performed 100 more tax returns this year than last year.Mayor Coleman presented certificates of appreciation recognizing the volunteers.Those receiving recognition were Pat REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 2 OF 19 Holland,Lois Schmidt,Leonard Zeitz,Harold Wallace,George Ruge,Harold Miller,Glenn Shute,Janet Conway,Janice Owen,Stewart Hutchins,Nan Hutchins,Elva Davies and Florence Crane. Shannon Taylor -Ward of the Internal Revenue Service presented Mayor Coleman with a plaque of appreciation in recognition of the outstanding effort the city took in building stronger communities through the Earned Income Tax Credit campaign. Interim Public Safety Director Terry McDonald presented distinguished service awards to city employees who assisted him with the audit investigations and other responsibilities.Those receiving awards were City Attorney Joel Stern, Detectives Administrative Assistant Jenny Lewis,Officer Howard Logsdon, Officer John Pinson,CDBG Administrative Assistant Melinda Larson.Grants Specialist Roger Hacker.Communications Supervisor Kathy Jeter.IT Network Administrator Brian Tschudy,Sergeant Garrett Elkins,Accreditation Specialist Candi Nilles,Officer Chad Suniga,Officer Clyde Allison,Detention Officer Steve Fugate,Reserve Officer Bill Rodgers,Sergeant Pat Wagner,Officer Ron Paul,Officer Brett Jackson,Officer Eric Reimann,Sergeant Theresa Rodgers. Sergeant Dan Schultz,and Sergeant Troy Mullender. CALL TO THE PUBLIC Mr.Anthony Milone,4386 E.4th Avenue,Apache Junction,addressed the council regarding the 800 megaHertz radio system.He is a retired fire chief from a large city in Connecticut,having 232 employees.The department had used the 800 megaHertz radios for at least the last 10 years.There are numerous channels on the radio,including a dispatch channel.After being dispatched the dispatcher would assign a separate incident channel to respond the units which would only be used by the units responding to that incident.If a second emergency occurred while the incident was being worked,a second incident channel would be assigned for those units responding to the second incident.This allows for conversations between emergency personnel responding to the incident and the dispatch center without having radio interference from a second incident or second dispatcher or general radio traffic on the dispatch channel.The fire department he managed was also the first responder on all medical calls.They were backed up by a private ambulance service and they had at least one paramedic on each ambulance.Each member of his department was trained as an emergency medical technician and they would advise the ambulance of the situation and what would need to be REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 3 OF 19 done to transport the patient.All of these radios were set to the same incident channel,both those of the fire department and the ambulance company. They could even contact the public works department on certain radios in the event of hazardous road conditions.Police and fire departments that are able to communicate during emergency incidents are of utmost importance.There should only be one incident commander.The 800 megaHertz radio allows all responders to communicate on the same frequency.I t is not possible with the current radio system and the general public is at a much greater risk.I t is obvious that planning in the East Valley has mostly been too little too late, as exemplified by the highway system.Most of the roads were obsolete when they were opened and the state is still trying to catch up.The hospitals are a disgrace;no one should have to wait in an emergency room for 8 to 12 hours in order to see a doctor.Someone should have been aware of the number of people that need to be seen in the East Valley.The hospitals being built now should have been built 5 years ago.Do not make the mistake of putting off something that needs to be done today for a later date.It might come back to haunt them.He applauded the city and council for seeking funds to purchase what he considers a critical piece of equipment for the police department. The 800 megaHertz radio system will certainly make the city police officers much safer,the citizens safer,and finally get the police department going in the right direction to be compatible with departments in other cities who might request or be requested to supply mutual aid. Mr.Louis Babin,2191 S.Belair Road,Apache Junction,addressed the council regarding changing the name of the city to Superstition or others.He stated when he lived in Las Cruces he used to drive by a little town where he would stop to get gas;it was then called Hot Springs,New Mexico.In the early 70's a television producer by the name of Ralph Edwards convinced the town council to change its name to Truth or Consequences after one of his shows. It was a nice town to stop in with nice people before the name change;it was still a nice town to stop in afterwards.They had a little economic shot in the arm for awhile but the show eventually went off the air and the hoopla died down.The point is,if Apache Junction ever changed its name,there might be a short term boost,but other than that he does not think i t is a good idea to change the name.He commented the city has a nickname,but they will find that a lot of other cities do,too,such as The Pass for El Paso. Albie for Albuquerque,and Three Crosses or the Cross for Las Cruces.I t is normal to have a slang term for a town;it does not mean there is anything wrong with the town. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 4 OF 19 Mr.Steve White,105 N.Delaware,Apache Junction,addressed the council regarding the free family community art show.He stated the first one was last week.He added they cannot change the image of the city by changing the name.It is done by things such as the art show,and commented the artists like the name of AJ:he commented it would be catchy to call it Artists' Junction.He commented he would like to give awards to the city attorney,Amy Malloy,Scott Taylor,Ernest Dimbo,and the city manager for having some faith in him.To his knowledge the free family community art show was the first in the state and it was open to artists of all ages.including kids.He would like people to look at the wealth of talent that can be tapped to change the image of the city. CITY MANAGER'S REPORT None. PUBLIC HEARINGS ORDINANCE NO.1256,CASE PZ-21-05,A PLANNED DEVELOPMENT REZONING REQUEST BY DENNIS MCCORMICK ON BEHALF OF CHRIS BAKER TO REZONE A 5 GROSS ACRE PARCEL FROM GR TO CR-3/PD FOR THE PURPOSE OF DEVELOPING AN 18 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 19TH AVENUE AND WICKIUP )Senior Planner Rudy Esquivias briefed the council on the item.He stated the planning and zoning commission saw a different plan than the one the council is seeing this evening.The original plan was a cul-de-sac design.Staff and the commission had some concerns with it,namely about the developer's proposal to abandon 19th Avenue.He also wants to abandon the 18th Avenue alignment.There is a letter in the packet from the city engineer explaining why 19th Avenue should not be abandoned.The commission was okay with rezoning to a medium density designation at this site,subject to some develop criteria that is outlined in the ordinance,including the lot sizes be no smaller than 7,000 sq.ft.,that pedestrian connectivity be upgraded to the rest of the neighborhood,that any surrounding internal and external right-of-way be dedicated to the city,that housing elevations shall be consistent with the design guidelines,that air conditioning units be ground mounted,that the commission be given the REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 5 OF 19 authority to make minor adjustments in the landscape code at the time of platting,that each lot be furnished with a front yard landscape package,and that the homes be limited to single story.The commission recommended in favor of the rezoning but not this plan specifically.A revised concept plan was presented to the council at the work session a few weeks ago from the developers.I t is a small cul-de-sac concept that still reserves 18th Avenue on the north and utilizes 19th Avenue as their main access on the north.He commented a Mr.Standage had responded with a letter on this project and i t is in the packet;he spoke to him a few days ago and he approved of the two cul- de-sac concept and requested a height limit be put on the homes rather than just state single story.The city engineer is working on view corridors to the south so that they can continue to have their views of the Superstitions and the Goldfields.Staff and the commission recommend approval. Councilmember Insalaco commented he is losing 2 lots by going to the 2 cul-de-sac concept,so i t is now 16 lots. Senior Planner Rudy Esquivias stated that is correct. Councilmember Insalaco commented the lots are also losing 1,000 sq.ft. Senior Planner Rudy Esquivias stated that is correct,but they are still in the 7,000 range. smallest lot would be 7,042 sq.ft. that is correct. applicant address the council. Councilmember Insalaco commented the Senior Planner Rudy Esquivias stated Mayor Coleman requested the Mr.Duran Thompson,1833 E.Main Street,Mesa,addressed the council.He is the civil engineer and stated they agree with the stipulations as noted.They are not in preliminary plat review formally,but they do have a preliminary plat ready and they anticipate only a few red line comments.I t is very reflective of what they have been shown. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 6 OF 19 They have reduced the total lots by 2 after working very hard with the neighborhood residents.They anticipate developing the property and feel they have addressed all the comments. Councilmember Insalaco commented i t is nice to see that they are working with the surrounding neighborhood. Mayor Coleman opened the public hearing on the item.There being no on wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Sippel MOVED THAT ORDINANCE NO.1256 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.1256,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1257,CASE PZ-24-05, REZONING REQUEST BY AZIZ HELAL OF CRESCENT MOON ENTERPRIZES FROM GR TO CR-5/PD TO REZONE 2 LOTS AT THE NORTHEAST CORNER AREA REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 7 OF 19 OF IRONWOOD DRIVE AND ROOSEVELT STREET FOR THE PURPOSE OF DEVELOPING A 29 -UNIT TOWNHOME SUBDIVISION )Senior Planner Rudy Esquivias briefed the council on the item.He stated these lots are located just south of Apache Trail.The only proposed access to the site will be off of Ironwood.He described the surrounding area.This request comes back to the council after an initial rezoning attempt which had a mixed use proposal for commercial and townhome units.That request was not approved;the suggestion was made i t should be all commercial or all residential.Mr.Helal came back about a month later with a new proposal to do all residential.He believes he has mitigated all the issues from the previous request by going all single story with the units adjacent to the single story neighborhood and concentrating his two story units in the middle.He has provided 44 guest parking spaces.At the planning and zoning work session,concerns were expressed about the lack of open space.Mr.Helal has addressed that concern by deleting one of the units and providing a swimming pool and play area. There are numerous planned development deviations being requested.The zoning ordinance does not provide a definition of a townhome or condominium zoning district,so they are basically addressed in the CR-5 zone.This calls for special deviations in order to make a townhome development work.The residents basically will own the units,everything else is owned by a homeowners association or is in common ownership and is subject to homeowners maintenance and care.They have tried to further mitigate buffering issues by requiring a lush landscape package;it will be more than double what the code requires along the street.They have also stipulated buffer trees along the north,south and east sides of the development.Staff believes this proposal addresses some of the concerns of the past regarding intensity,guest parking, buffering and privacy issues.They have received 3 protest letters,those letters are not enough to require a three-quarter vote of the council.He read the conditions contained in the ordinance. Councilmember Waldron commented they did not get a copy of the protest letters. Senior Planner Rudy Esquivias stated they were submitted but they may have gotten caught in the copier.He commented one of the letters was from Mr.Roach. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 8 OF 19 Councilmember Severs asked what the biggest concern is from the protest letters. Senior Planner Rudy Esquivias stated i t is intensity.They commented they did not want 200 people living next door.They were concerned about an increase of traffic in the area even though there is no connectivity to the surrounding neighborhoods.Some still have privacy issues and others still have drainage issues.They are basically the same concerns heard with the previous request.Staff believes this furthers the goals of the general plan by providing for higher density developments towards the city center,which is what the general plan calls for. Councilmember Insalaco stated he understood,and even with all the nice landscaping,they are still talking about 29 families in what looks like army barracks on less than 2 acres of land.He understands that they want to preserve some of the land with higher densities,but right behind them they have one family on one acre.He commented it was commercial,and he believed most of them,and he knows he did,gave the applicant the idea that they wanted it to stay commercial. Senior Planner Rudy Esquivias stated i t is not zoned commercial. Councilmember Insalaco stated he would like to see i t zoned commercial much like the rest. Senior Planner Rudy Esquivias stated that was discussed with Mr.Helal but he did not think he could sell out all the units as commercial or office units.The example he gave is across the street where there are empty occupancies now.His feasibility study showed i t would not be successful commercially. Councilmember Insalaco asked what would stop him from renting them out if he is unable to sell them:they have nothing to protect the city or the nearby residents from that.Or someone could buy them and start renting them out.Renters would be moving in and out as there is no protection against that. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 9 OF 19 Senior Planner Rudy Esquivias stated they do not have that protection but that can happen with either single family,townhomes or condos. Councilmember Insalaco commented they have all of this on 2 acres of ground. Councilmember Waldron commented the date on the revision is December 19.The letters are all prior to that time. He asked if they have received anything on this design. Senior Planner Rudy Esquivias stated they have not.Mr.Helal sent out the first concept and he believes he sent out the second concept.The applicant should be able to answer that question. This proposal was discussed at the planning and zoning commission meeting and all of the people who wrote the petitions were present at that meeting so they have seen the revision. Councilmember Severs commented he has been reading through some of the letters and they are talking about traffic impact.The traffic impact will be on Ironwood and should not affect the neighbors behind them at all.He added he keeps looking at this as the trend of the future.A successful downtown has the 3 elements:live,work and play.He asked if they do not put the higher density in the downtown area,where they said they wanted to go towards,then where should it go. They do not want the higher density in the horse property area.There is commercial across the street and they are vacant.They are not succeeding. He suggested they get a bunch of people here paying a decent amount for these things and hope the area grows in a positive way and the businesses start surviving.He sees the applicant addressing everyone's concerns and he hopes they can make this work.He thinks i t is a good project. Councilmember Dietz asked if they are addressing the existing washes and stormwater runoff. Senior Planner Rudy Esquivias stated that would be addressed in detail at the time of platting.I t is part of their required improvement plans.They have to deal with both offsite flows coming onto the property,continuing those flows across the property without impeding them and retaining onsite any natural water that they displace. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 10 OF 19 Councilmember Dietz requested he show him where the retention areas are on the map. Senior Planner Rudy Esquivias showed them on the map where the retention areas are planned. Councilmember Dietz commented the one on the northeast is more of a flow than a retention area.I t flows to the south and then west before going out to Ironwood. Senior Planner Rudy Esquivias stated that is correct.There are some street structures on Ironwood which channel the water.The city engineer could explain that better. Mayor Coleman requested the applicant address the council. Mrs.Theresa Helal addressed the council.She apologized for her husband's absence as he was called away on a family emergency.He had wanted to thank Councilmember Severs for his positive comments made at the last meeting.but he was frustrated at not receiving more feedback from the council at that meeting.He has put a lot of time,effort and expense trying to conform to the council's suggestions and wishes,and address and alleviate the concerns of the neighbors.She commented that being property owners and business people themselves in the city,they have no desire to spoil the views,ruin the land or have any negative impact on the city.Their goal is to enhance the city and bring affordable housing to the city and bring families in that can afford a nice growing city to live in. Mayor Coleman opened the public hearing on the item. Mr.Kenny Roach,who lives right behind the housing complex,addressed the council.He commented i t sounded to him like Rudy is pushing this issue.He suggested they come out to his property and he can show them where the water has come near to flooding his garage.He commented the water better not back up into his garage or the city will pay.As far as rentals,he stated they could come on down and code REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 11 OF 19 enforcement will get after them.They have been down their street and the renters are nothing but trash,and they do not need any more trash. Ms.Billy Joan Dean,who lives just east of the property,addressed the council regarding the density.She believes i t is too much.She cannot imagine living with all those people in back of her.I t does not seem fair. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron commented that anyone can rent their property at any time.He owns rentals,he keeps them up and they are not trash.Just because something is a rental,it does not mean it will be trash.He also thinks that this gentleman has bent over backwards to create something on this property based on the concerns of the neighbors and comments that were made here.He has gone back to the drawing board and something will be done with this property sooner or later,and if they can get some quality in there now,he believes that is the best way to go.All of the engineering will be done so there will not be any water issues.It will not be slapped together;there is a lot of work that will be done before any dirt is moved.He thinks he has worked hard to satisfy the concerns on the petitions.There will be people there,but Ironwood is a major street and i t will eventually be built up.He thinks i t is a good plan. Councilmember Joe Severs commented he has walked every foot of this property and walked it while it was raining. He has seen the flooding that occurs on the properties behind it and where the water flows over this property.He has also seen what engineering drawings they already have.He thinks this will be a blessing for all the properties around.He will be taking the flood waters from the wash and the water runoffs that have flooded the church recently and deal with it.He thinks he will create a system that will work better for the properties behind this one. As far as rentals,Mr.Helal owns parcels over on 16th Avenue that he has condominimized and cleaned up a bad area of town through a lot of work and effort in order to sell them and get a better quality of people over there. This is what he is trying to do here.He will not sell them as low rent apartments;they will be very nice,high dollar,quality -built condominiums. He does not think this will be a problem. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 12 OF 19 Mayor Coleman commented he understands the concerns of the property owners to the east.There is already commercial property on the west side of this property on Ironwood so there is already a higher density and higher traffic there.He feels this is a fairly decent property for that particular project although it may be a little more intense than what he would have liked to have seen.He appreciates the consideration he has given in increasing the play area and adding the swimming pool.He then closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT ORDINANCE NO.1257 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 Severs MOVED THAT ORDINANCE NO.1257,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:5-1 (Councilmember Insalaco voted in opposition.) • The motion carried. ORDINANCE NO.1258,CASE PZ-25-05, REZONING REQUEST BY GLEN & KRISTEN REILEY FROM GR TO R1-43/PD TO REZONE 2.42 ACRE PROPERTY AT SOUTHEAST CORNER OF MERIDIAN AND SMOKETREE FOR THE PURPOSE OF SPLITTING INTO 2 LOTS SLIGHTLY SMALLER THAN 1.25 REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 13 OF 19 ACRES AND BUILDING CONVENTIONAL HOMES THEREON )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is coming before the council because these lots are at the township line and are not the standard 2.5 acres.There is a survey adjustment that is made at a township line which basically,even though listed as 660',makes them less than that when surveyed.The current zoning on the property requires the smallest lot be 1.25 acres:under this proposal to split the lot it comes out to less than 1.25 acres.This is a planned development so the trade off will be front yard landscape packages for the 2 lots being created.The applicant is intending to build homes in the 3,000 sq.ft..range.The city is asking for a dedication of right-of-way on the west,50'on Meridian,and 33'on the east on Cedar. He listed the remainder of the conditions.The commission had recommended that all horse properties and agricultural amenities characteristic to 1.25 acre lots be maintained for these properties as well.This went to the planning and zoning commission in December and it was recommended for approval by a vote of 6-0.Staff is awaiting their land split should this be approved. Mayor Coleman requested the applicant address the council.The applicant declined to speak.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1258 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. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 14 OF 19 Councilmember Dietz MOVED THAT ORDINANCE NO.1258,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1259,CASE PZ-26-05, REZONING REQUEST BY KIRK & JULIE HOWARD AND SHAWN & KIMBERLY LAMBERT FROM GR TO R1 -43/PD TO REZONE 2.42 ACRE PROPERTY AT SOUTHEAST CORNER OF MERIDIAN AND SMOKETREE FOR THE PURPOSE OF SPLITTING INTO 2 LOTS SLIGHTLY SMALLER THAN 1.25 ACRES AND BUILDING CONVENTIONAL HOMES THEREON )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is the exact same request as the previous item except i t is the property to the north of the previous site. The only difference between the previous request is that the applicants are being asked to dedicate 50'on Meridian,33'on Smoketree,and 33'on Cedar. The other one only had 2 street frontages.The same types of conditions apply. Mayor Coleman requested the applicant address the council.The applicant declined.He then opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Severs MOVED THAT ORDINANCE NO.1259 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 15 OF 19 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Severs MOVED THAT ORDINANCE NO.1259,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REVIEW OF NEW GRAPHICS AND GRANITE ROCK SAMPLES TO BE USED ON THE IRONWOOD FREEWAY ART PROJECT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION )Assistant to the City Manager Amy Malloy briefed the council on the item.She passed around TEA -21 granite samples for the exit at Ironwood for the grant the city received.This is for the freeway art and the depiction of the gila monster.The black rock can be painted a darker black or it can be left unpainted.I t is basalt rock and i t can be left its natural color.I t is their preference.She distributed a handout depicting what the 4 freeway interchanges would look like.They will have tracks as well as the gila monster,and it will appear as if the gila monster is .creeping down the exit on an incline.They will also be doing some erosion mitigation besides the artwork.She talked to the project engineer for the Arizona Department of Transportation and he confirmed that as of today the project was on budget. Councilmember Severs asked if there are plans to do this on the other freeway exits. Assistant to the City Manager Amy Malloy stated the intent is to move forward with each of the interchanges. There is a design for each interchange that includes other indigenous animals. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 16 OF 19 Staff hopes to be awarded another TEA -21 grant:the city was awarded $455.000 for the 4 interchanges with this grant.They are hard to obtain,but staff will try each year with something new.They will be moving forward as instructed by the Arizona Department of Transportation and the team that reviewed the grant application. Councilmember Waldron commented he wanted to point out that this is a grant.There have been public comments about the city wasting money on this,but this is grant money that we applied for and received and that is how this project is going forward. Assistant to the City Manager Amy Malloy stated i t is an extremely competitive grant and the city was fortunate thanks to Roger's wherewithal. This was a discussion item only. Mayor Coleman closed the discussion with no further comments and moved on to the next item. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. 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,FEBRUARY 6,2006,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY:AND REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 17 OF 19 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 7,2006,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Dietz announced that his son is graduating from the Sheriff's Academy on Thursday. Mayor Coleman announced that it will be League of Cities Day at the legislature on January 25 and he would appreciate anyone attending,especially the elected officials.There will be a briefing with the governor first and then a brunch.All 90 of the state legislature have been invited to attend. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 3,2006. ACCEPTED THIS 7TH DAY OF FEBRUARY ,2006,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF FEBRUARY ,2006. DOUGLAS COLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 18 OF 19 ATTEST: KATHLEEN CONNELLY City Clerk 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 17th day of January,2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 31st day of January,2006. _ KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 17,2006 PAGE 19 OF 19