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HomeMy WebLinkAbout2005-07-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 5,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 5,2005,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 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 Interim Public Safety Director Terry McDonald Library Director Pam Loui Assistant to the City Manager Amy Malloy Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 1 OF 21 Associate Planner Steve Abraham Management Assistant Janine Solley Public Works Manager Shane Kiesow CRU Administrative Assistant Suzanne Strong ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR 2004-2005 FISCAL YEAR;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2004-20,ENERGY CONSERVATION IMPROVEMENTS,BE AWARDED TO SIEMENS BUILDING TECHNOLOGIES INC.IN AN AMOUNT NOT TO EXCEED $171,774 FOR THE IMPLEMENTATION OF SELECT BUILDING CONSERVATION IMPROVEMENTS;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT ENTITLED "MATERIALS AND LABOR AGREEMENT"PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MESA SENIOR SERVICES FOR ADMINISTRATION OF THE TRIAD PROGRAM IN AN AMOUNT NOT TO EXCEED $10,000 BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT:AND THAT THE EMPLOYMENT AGREEMENTS FOR THE CITY ATTORNEY,CITY MAGISTRATE,AND CITY MANAGER BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 2 OF 21 Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction,addressed the council to thank them for allowing him to serve on the Planning and Zoning Commission.He requested to be reappointed should there be an opening in the future. Ms.Betty McReynolds,1920 S.Plaza Drive,Apache Junction,addressed the council regarding the neighborhood preservation advisory committee.She stated she lives in an area with a homeowners association and there are so many restrictions that i t is not always pleasant or fair,such as what kind of and where to plant a tree,where to park a car,and where to fly an American flag.She commented they had been told a citizens'advisory committee would be established and asked where i t is,when it will happen,how long will they have to wait,and how do they get on the committee.She was concerned about the restrictions on boats and RV storage,weeds,storage,and the upkeep of dilapidated buildings.She commented a workable solution can be found through compromise between the council and the citizens.She had heard that 74% of the citizens approved these recommendations,and asked if the public had been invited to see them.She wanted to know how many people were for the recommendations and how many were against them.They must work together, communicate with each other and the community to make this a city everyone wants to live in and care about. Ms.Joyce Benyas,410 S.Lawson Drive,Apache Junction.addressed the council regarding the property maintenance standards.She stated these recommendations began by comparing other cities'rules;we should begin with our own rules.Apache Junction is different.These rules do not look at any difference between the properties that have been here for 50 years versus a new property.Most of the standards exist in homeowners associations.She believes this is saying that the city will,at taxpayer expense,regulate tickets and enforce private homeowners associations rules.She asked if those associations would be paying the city to enforce those rules,or would fees be charged to the rest of the citizens to enforce them.She stated a revised, updated version of the draft has never appeared.There have been no changes of details that have been discussed,such as the removal of the section regarding the parking of boats and campers.She commented there were 600 people who attended the meetings and at least 50% of them were against the rules.She commented only 116 surveys were returned,with barely the majority feeling some of the rules were good.Those surveys were not enough input. She finds i t fishy that not one of her family's survey remarks were included in the remarks given to her.She thinks the remarks were summed up to REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 3 OF 21 someone's version of what the comments boiled down to.The definitions of front yards,side yards,and the placement of houses to washes were not included.She does not believe the police department would think it a good idea to put walls around every property;it would not help them see things when they patrol,and i t is not very neighborly.A 6'fence or wall will not block a 9'RV from view.She asked if the city would want a property tax to enforce all this.She has heard the city has approximately 100 properties that are giving the city problems;she does not want to see the city criminalize the way they live in Apache Junction.Most problems fall under the existing health,safety and zoning codes.She requested the council adopt an ordinance that private property in Apache Junction will not be taken and given to another private person or company,and that the city will not become a redevelopment company in any way.She requested she be involved in the citizens'review panel if there is one. Mr.Chip Wilson,128 S.Starr Road,Apache Junction,addressed the council regarding the Superstition Mountain Horsemen's Association having just delivered 4 hitching posts to the city on Thursday.Two will go adjacent to the horse corrals and the two others will be adjacent for public use.This will allow people to tie their horses without having them side -by -side.After they are planted,they would like to invite the mayor,council,and staff to a horse tie ceremony,where a horse would be tied to the hitching post for the first time.His association thanks them for including the horse community in this wonderful facility.He added their association has offered their assistance to city residents for anyone that has a problem with weeds, especially the elderly and those with limited incomes.They have only been called once thus far.He also voiced his concerns over the citizens advisory council and the neighborhood preservation standards.They have not heard any direction thus far.As they have large lots,they are very concerned on the wording.It could be interpreted many different ways,and it does not take into account the location of the house or the address side.Some homes have their addresses on the back of the house because the front is placed to view the Superstitions.They need to have a wide variety of people on this committee.The horsemen's association is willing to work with them;he has several members who will be willing to put in for this.They would like to be involved. Ms.Mary Richards,675 N.Gold Drive #2,Apache Junction,addressed the council regarding her concern with the neighborhood preservation ordinance. They had been told at the meetings that their concerns about the ordinance REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 4 OF 21 were important,yet she feels she has been misled.The public meetings were not publicized well and there has been misleading information given out about the ordinance.The citizens were informed the deadline for the surveys would be the middle of April 2005.At the city complex meeting,they were informed that the deadline had been the middle of March,although a few had been accepted up to the end of March.There was never a set date.She had been surprised that only 116 had been turned in after hundreds attended the meeting.Also,at a meeting they had been told that the proposed regulation regarding watercraft,utility trailers and RVs had been permanently removed. Citizens were told not to worry about it.I t had been removed because of geographic anomalies and/or the placement of existing homes had made i t impossible.Yet at the April meeting it was again there.She recently read in the Independent that the council would be appointing a citizens advisory board to represent people from all walks of life.She thought that was fair. Now she has heard the council may bypass that committee and vote on the ordinance as is.She asked what they are going to do.She wants the city clean,safe and well cared for.She would like to see the desert,mountains, and open spaces.She wants the right amount of growth and business for the town to prosper,but she does not want to become a snobbish town or big city like Phoenix,as this is still a rural area.She wants her landscaping different so that she can find her house.She wants to keep her small acre of desert intact with a home painted the color of her own choosing,and to park her RV or utility trailer anywhere on her property.She urged the council to keep their word to the city residents. Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho Road,Apache Junction,addressed the council to compliment the city on the fireworks from last night.They were unequaled and were over 45 minutes long.The fireworks could have been shown anywhere in the valley and held their own.She thanked the city management,Jeff Bell,and the council for being forward thinking in celebrating Independence Day and the continued support of the United States of America.She also spoke on the trail system the county is working on to connect up all the cities and towns in the county.They are calling i t "Connect the Dots",whether i t is by road or trails,other than freeways. They need to plan now for these trails.They are within a few miles of connecting up to the Apache Junction trail system at Lost Gold Mine Trail and the Arizona Trail.They have the Central Arizona Project canal coming through and the power lines that they can use to connect up,plus their drainage routes.She commented about the presentations the county put on for Valley Partnership and East Valley Partnership.She would like to start a Pinal REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 5 OF 21 County Partnership to address the regional issues that need to be addressed. She would like them to save the date,that date being September 9,2005.The partnership is just being formed,there is no board,and no one has started talking about what needs to be talked about.They think the first meeting should revolve around regional issues.The goal is to improve research. planning and coordination of private and public efforts related to infrastructure,natural resources and community development in the county. They need to coordinate on public and private lands to have the roads going through;to do so all parties must be represented at these meetings.The meetings should be comprised of governments,developers,land trusts, attorneys,consultants,architects,landowners,utilities.homebuilders, private citizens,etc. Vice Mayor Eck commented i t is frustrating that there is still all the fear, concerns,and misinformation about the neighborhood preservation ordinance. Nothing has happened,and Councilmember Waldron has suggested creating a subcommittee to streamline the issue to get it completed.This council has not discussed not having a citizens advisory board.He believes Councilmember Waldron is trying to get this done.He saw it was sitting idle and took i t upon himself to try to move i t forward.That is on the agenda later this evening for a discussion item. Mayor Coleman commented the council did not remove anything from the draft ordinance and put i t back in.No decisions have been made on anything.I t is only a draft ordinance.They are trying to narrow it down and remove the things that need to be removed,and make the ordinance so that it works for the city.It will be an update of the current ordinances so that they can be enforced,and so that they will not continue to hear the complaints they have been hearing,such as the complaint of a neighbor having toilets for planters. Councilmember Sippel commented that is one of the functions of the advisory committee.They would like to bring these people together to share these concerns and address these issues so that it could work for the long term.He could find people that state everything in the regulations is positive;they need to get everyone together to find a happy medium. CITY MANAGER'S REPORT None. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 6 OF 21 PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 10 LIQUOR LICENSE FOR SHELL 1621 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is the former Texaco station at the corner of Ironwood and Apache Trail.No objections have been received. There were some issues raised by the planning staff.The addressing issue has been resolved.The placement of the sign is not an issue that would be under consideration as part of the liquor license hearing.The applicant was notified to be present in the event of questions from the council. Mayor Coleman requested the applicant to address the council. Mr.Brezas Singh,940 E.Elgin Street,Chandler,addressed the council to answer any questions.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 THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,INDIVIDUAL,SERIES 10 LIQUOR LICENSE FOR SHELL 1621 SUBMITTED BY DEV R.BASNET BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 7 OF 21 NEW BUSINESS PLANNED DEVELOPMENT REZONING CASE PZ-7-05, REQUEST BY HABITAT FOR HUMANITY TO REZONE A 5 GROSS -ACRE PARCEL FROM GR TO CR-3/PD TO DEVELOP AN 18 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND GREASEWOOD )Associate Planner Steve Abraham briefed the council on the item.He stated the general plan designates the site as medium residential,one to six dwelling units per acre.He described the surrounding area.This is a rezoning only but the plat has been completed and is included for reference purposes.The lots are arranged around a centralized street with a cul-de-sac.The public street will be built to city standards.The development retention area is on the side.He showed them examples of some of their housing elevations in their South Ranch subdivision in Phoenix.They have a variety of colors and elevations that surpass the ones submitted in the application.Staff has requested at least 3 elevations and 3 floor plans.Staff is basically asking for what they had at South Ranch.One of the stipulations is that they will be abandoning a portion of Greasewood and reducing it down to a 50'wide right-of-way,or a 25' halfwidth.Staff is asking that the normal 20'landscape setback be reduced to 5'here,as 14'will be the road,2'will be the curb and gutter and 4' will be the sidewalk.The remaining 5'plus another 5'will allow enough for a landscape setback of sufficient width to be planted.There is no estimated time for when Greasewood will be developed.There are no plans on improving the mobile home development immediately south.The Planning and Zoning Commission voted 6-0 to approve the request with the additional stipulation that all the utility,irrigation and plumbing hook-ups are to be located on the side or the back of the property.This is a result of some of the irrigation equipment being located out front. Vice Mayor Eck asked what irrigation equipment he was talking about. Councilmember Severs stated i t is the water main on the front of the buildings. Mayor Coleman asked if the air conditioning units would be on the ground. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 8 OF 21 Associate Planner Steve Abraham stated they will be on the ground behind the main dwelling.Planning and Zoning also recommended all of the stipulations appearing in the staff report. The CR-3 zoning district will still apply in terms of setbacks and lot coverage.All necessary rights -of -way shall be improved to the city engineer's standards prior to any development on the site.Each house shall be furnished with a single car carport and a 9'X 20'prepoured slab located behind the front yard setback and the side yard on the carport side of the residence.Carports attached to the main dwelling may only be enclosed for a garage.This will accommodate the cars within the lot itself. Councilmember Sippel asked why they are not allowing just garages. Associate Planner Steve Abraham stated the standard home for Habitat for Humanity does not feature a garage. One of the reasons given is that they use volunteer labor.It also keeps costs down for the construction of the homes.The stipulation was added to bring the car back instead of having i t in the front of the house.Council could stipulate that the homes be furnished with a one-or two -car garage. will have to build a carport. stated that is correct. were fire hydrants. Councilmember Sippel stated they Associate Planner Steve Abraham Councilmember Dietz asked if there Associate Planner Steve Abraham stated the preliminary plat does not indicate where their locations will be. When the improvement plans are done,they will be installed to the proper specifications. Councilmember Severs commented he would like to point out a possible design flaw.I t is not very often where you can build a home and add square footage and have i t cost less money.I f the fronts of these houses were brought out flush,they will gain square footage and yet be cheaper to build.In the future,i t appears it would be REGULAR MEETING OF THE CITY COUNCIL JULY 5.2005 PAGE 9 OF 21 very easy for people to build a wall across the front of there with or without a permit and tear out the ones in the middle.He believes this could be happening a lot as these are very small houses and they will want to add square footage.He suggested they get rid of that indentation on the 2 floor plans,adding square footage yet costing less to build. Vice Chairperson Eck asked how he would get the design feature to be squared out. Councilmember Severs stated they could bring the porch out.It would be a little 4'porch out on the front. I t is cheaper than building 3 walls.They could have a couple of little columns and possibly a railing. Associate Planner Steve Abraham suggested he take comments from the council this evening and give them to the applicant and have them resubmit different elevations. Councilmember Severs stated i t is just a thought.He does not want anyone to change floor plans.He just wants them to think about it.He commented the blue house,to him,would be more attractive if they just brought it out straight across the front with a porch element.They would gain approximately 70 sq.ft.of livable space. Associate Planner Steve Abraham stated he would advise the applicant. Vice Mayor Eck commented he thought they were pretty good looking homes.He lives in the area.He had heard some concerns as people had thought that Habitat for Humanity would be a low income area.This appears to be a step up for the area.He thinks i t is a really nice project. Associate Planner Steve Abraham stated they will have street improvements,city streets and streetlights.He agreed. Councilmember Severs asked if this would be publicized a lot so that the people in this community could help build these. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 10 OF 21 Associate Planner Steve Abraham stated Habitat for Humanity has a lot of public outreach.They have already been in the paper several times asking for help. Mayor Coleman commented he liked the variety and styles. Vice Mayor Eck and Councilmember Sippel agreed. Councilmember Waldron commented Habitat for Humanity does this around the world.They are pretty good at marketing,designing and building for what their need is. agreed. for Humanity people were here tonight. stated one representative is here. to hear what they have to say about it. Associate Planner Steve Abraham Mayor Coleman asked if the Habitat Associate Planner Steve Abraham Mayor Coleman stated he would like Ms.Tanya Nichols,the land acquisition and development person for Habitat for Humanity,addressed the council.She has only been with them 4 months and she is the one who chases lots and land.She may know the answer;if she does not,she will get the answer back to Steve at'a later date. Mayor Coleman asked if former President Carter would be there to swing a hammer. Ms.Tanya Nichols stated he would not,but their executive director was with him in Mexico last summer for 10 days.He will not be in Poland when she goes because he is doing a 10 -day project in Michigan this summer in July.Her director states he is a great guy;70 years old and works harder than everyone else. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 11 OF 21 Vice Mayor Eck asked if they do a lot of subdivisions,as he had thought they only did a house here and a house there. Ms.Tanya Nichols stated they try to do infill lots because there is money from certain cities that want them to come in and clean up neighborhoods.South Ranch has about 67 homes.A developer called Stardust bought the land,put in the infrastructure and left them to do houses in that development.There is another development on 11th Avenue and Alta Vista. Vice Mayor Eck commented i t is becoming more common. Ms.Tanya Nichols stated i t is because i t is hard for them to get property otherwise.They are trying to get bigger parcels so that they can cut the costs down. liked that idea better. a nice complex. landscaping with the house. Councilmember Insalaco commented he Councilmember Dietz commented i t is Vice Mayor Eck asked if they do the Associate Planner Steve Abraham stated he believed that was one of the stipulations for the front yard. This was a discussion item only. Mayor Coleman closed the item and moved on to the next item. PLANNED DEVELOPMENT REZONING CASE PZ-10-05,REQUEST BY RANDALL MELANCON ON BEHALF OF EFFIDEEN AMEERALLY TO REZONE A ±2.9 ACRE PROPERTY FROM GR AND CB -2 TO C-2/PD TO APPROVE A DEVELOPMENT PLAN CONSISTING OF A THREE MEDICAL BUILDING OFFICE CAMPUS ON THE REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 12 OF 21 SOUTHEAST CORNER OF APACHE TRAIL AND GOLD )Associate Planner Steve Abraham briefed the council on the item.He stated this item was continued at the Planning and Zoning regular meeting to next month for additional review. Staff is asking for council not to comment on this case at this time as the commission has not made its formal recommendation. Mayor Coleman asked when it would be coming back to the council. Associate Planner Steve Abraham stated he is currently working with the applicant.They were looking at the second meeting in August,but the applicant is considering postponing it even further.They are scheduled for Planning and Zoning next month. Councilmember Severs commented he understood there was large time restraint that was causing the rush on this. He asked if the delay would hurt them. City Attorney Joel Stern stated i t is his legal opinion that the council does not have jurisdiction at this particular stage to hear a discussion on this matter at all.It would not be appropriate for any questions to be answered at this time as no recommendation has been provided to the council from the Planning and Zoning Commission.He believes this was continued to July 26 for Planning and Zoning,so the next scheduled work session will be August 15,2005.The regular voting session would be September 6.He does not recommend there be any discussion on this item as it may affect the applicant's due process rights. Councilmember Severs asked if the Planning and Zoning Commission could have an additional meeting because of the time constraints to speed the process up or streamline it. City Attorney Joel Stern stated they could technically do a special meeting,however,they would have to move to do a special meeting and the next meeting is July 26.It would be the first meeting that they could consider it,unless there was a special meeting where they all got together and they said they would have a special meeting. However,that is rare for the commission to do that. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 13 OF 21 Mayor Coleman closed the item and moved on to the next item. PLANNED DEVELOPMENT REZONING CASE PZ-11- 05,REQUEST BY KEVIN RUBENSTEIN ON BEHALF OF ROGER RILEY TO REZONE FIVE 7,500 SQ.FT.LOTS FROM CB -1 TO CR-3/PD TO APPROVE A DEVELOPMENT PLAN OF 5 SINGLE FAMILY DWELLINGS WITH ONE DWELLING PER LEGAL LOT )Associate Planner Steve Abraham briefed the council on the item.He stated the site is designated medium density residential on the general plan.I t is located in Palm Springs Unit 5 along Colt and 9th Avenue.He described the surrounding area.Palm Springs Unit 5 is zoned CB -1 but many of the uses are not commercial;they are high density residential.This applicant is asking for a CR-3/PD in order to reduce the side yard setback from 10'and 10'to 10'and 5'.The corner lot, lot 52,would be reduced from 15'and 5'to 10'and 5'.The applicant does not want to have commercial landscape requirements.The lot width is normally 60'in CR-3 instead of these lots,platted many years ago,which are 55'.He gave examples of similar homes developed by the developer in the immediate area.The housing proposed for these lots are about 200 sq.ft.larger than the examples. Mayor Coleman asked how large those lots were and if there were any variations to the setbacks. Associate Planner Steve Abraham stated these are CB -1 with no variations.The applicant filed an Ordinance No.940 appeal to waive landscape requirements.He adhered to the standard setbacks of 10'and 10'.As these homes are larger,he is asking for the setback relief. Councilmember Slope]commented these homes are 1,700 sq.ft. Associate Planner Steve Abraham stated that is correct.The examples shown are 1,500 sq.ft.The Planning and Zoning Commission recommended approval of the request unanimously.They added the stipulation that the HVAC units be located in the rear or wide -side side REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 14 OF 21 yard so that they would be in the 10'side yard and not the 5'side yard. Staff had recommended the stipulations that the CR-3 base zoning district still apply;the setbacks for lot 52 should be 20'front.20'rear,10'on the street side and 5'on the interior side:each lot shall be furnished with a front yard landscape package with plant quantities to include 1 tree,5 shrubs,and 50 sq.ft.of vegetated ground cover;the formation of a key lot is prohibited;the dwellings shall be painted with southwestern colors:and two adjacent dwellings may not have the same color palette.The commission agreed with the stipulations recommended.Staff recommends approval of the request. Vice Mayor Eck asked if the developer was okay with all the conditions. Associate Planner Steve Abraham stated he is. Vice Mayor Eck commented they have done some of these in the past and he thinks the lots look better now than some of the other construction he has seen. Councilmember Sippel commented i t is the same guy who wants to put these in that has done previous work in the area. Councilmember Severs asked why Planning and Zoning recommended putting the air conditioning units on the 10' side instead of the 5'side. Associate Planner Steve Abraham stated it has been a policy of the development services department.I t provides access in case there is a gate on the 5'side;a 3 -ton unit could be as large as 3'or 4'in width.Staff actually recommended putting them in the rear but Planning and Zoning's primary concern was screening and access to the backyard. Councilmember Severs stated he was concerned about if they have a boat or an RV.They are wanting them to put them behind a fenced area and behind the home. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 15 OF 21 Councilmember Sippel commented they can look at the house prior to moving in and see where that gate is.People get to see these houses before they move in;they know what i t is going to look like and where the air conditioning unit will be.If they have a boat, they do not buy that house. Councilmember Severs asked what happens if they want to buy a boat after they have the house. Councilmember Sippel commented then they should be aware that it may not fit back there because they have the air conditioning unit over there. Councilmember Severs stated they should be putting the air conditioning unit on the side where they may not be needing to park. Associate Planner Steve Abraham stated there is an alley for access to the rear of the lots. Councilmember Sippel stated they can put a gate back there to the alley. Councilmember Severs stated it does not make sense to use up space that could be used for parking,which would prevent a problem in the future,to put an air conditioning unit there.If it is put on the side,there would still be room to walk around it. Councilmember Sippel commented they would only have a foot. This item was a discussion item only.Mayor Coleman closed the item and moved on to the next item. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 16 OF 21 FORMING AN ADVISORY COMMITTEE OF THE CITY COUNCIL TO OVERSEE THE NEIGHBORHOOD PRESERVATION PROCESS AS AN ALTERNATIVE TO THE PREVIOUS DIRECTION TO STAFF )Councilmember Waldron commented he asked for this to be brought back.I t is evident that from the Call to the Public tonight that this is an issue that belongs in the lap of the city council.They need to get this ordinance done and either approved, disapproved,or whatever happens to be.He suggested these advisory committee meetings be public meetings,open to public comment so that they can get groups like the horsemen's association and groups like that involved,so that they can get this done in a timely manner.It will go to the council for either approval or disapproval.If they do a large committee,it will take months,it will drag on,they will continue to have misinformation and misunderstandings on exactly what this ordinance is designed to do.The council advisory committee can look at what is currently in the ordinance, make recommendations for any recodification of existing ordinances or any new language.He believes the idea is to get this back in the laps of the publicly -elected officials who are responsible to the citizens so that they can get this done.It will not be brought back to the council with a recommendation of for or against,but to bring an ordinance back that they can vote for or against.There will be no recommendation either way.He suggested the committee consist of 3 council members who will meet at agendized meetings which will be announced to the public.The public is welcome to attend.The meetings will have public comment and review.I t is designed to get this thing done.He recommended they do an advisory committee. Vice Mayor Eck asked if every meeting would be totally advertised and the public can still come and give direction as to what this ordinance should be. Councilmember Waldron stated i t would be subject to the open meeting law.It would have to be agendized. Vice Mayor Eck asked if the public would have every opportunity for their input. Councilmember Waldron stated that is correct.I t is not designed to go around the citizens.I t is to put the REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 17 OF 21 responsibility where it belongs and that is with the council.The council can then hear from the citizens to put together an ordinance and bring i t back here for a yes or no vote so that they can get this over with one way or the other.That is all i t is designed to do,and to eliminate all this misinformation. Councilmember Severs asked how the information would be gathered and put together. Councilmember Waldron stated that is what the committee has to figure out.That will be up to them.They can use the data already gathered and whatever input there is.Mr.Wilson from the horsemen's association has some ideas.We need to get it going. Vice Mayor Eck commented he thinks they need to conclude it.He has not seen i t happening:it appears to have been put on the back burner.He thinks i t is a good idea to move i t forward just to get i t done.He asked how the three on the committee would be selected. Councilmember Waldron stated he had a recommendation on that. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FORMING AN ADVISORY COMMITTEE OF THE CITY COUNCIL TO OVERSEE THE NEIGHBORHOOD PRESERVATION PROCESS AS AN ALTERNATIVE TO THE PREVIOUS DIRECTION TO STAFF:THAT THE MAYOR APPOINT THREE COUNCILMEMBERS TO SERVE ON THE ADVISORY COMMITTEE.I FURTHER MOVE THAT THE PREVIOUS DIRECTION GIVEN TO STAFF TO FORM A CITIZENS COMMITTEE BE RESCINDED, AND THAT THE THREE MEMBERS OF THE COMMITTEE I RECOMMEND TO BE MYSELF,VICE MAYOR ECK AND COUNCILMAN SEVERS. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous.(Vice Mayor Eck commented during the vote that he did not want to go around the advisory board.Councilmember Severs commented he REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 18 OF 21 wanted to work towards the citizens advisory group in order to get as much information as we can from the citizens.Councilmember Waldron commented the motion is the motion and he must vote on the motion.) 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,JULY 18,2005,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,JULY 19,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck commented he agreed with the county supervisor that the fireworks were awesome last night.The best he has seen. Councilmember Sippel commented he and his family watched them up on the school roof.Queen Creek's started after Apache Junction's and ended before ours. It was very enjoyable. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:11 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 14,2005. REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 19 OF 21 3.Acceptance of Minutes of Regular Meeting of June 21,2005. 4.Acknowledgement of receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2004-2005 fiscal year. 5.Approval of Award for Project No.PW 2004-20,Energy Conservation Improvements,to Siemens Building Technologies Inc.in an amount not to exceed $171.774 for the implementation of select building conservation improvements and authorization for Mayor to sign "Materials and Labor Agreement". 6.Consideration of Professional Services Agreement with Mesa Senior Services in an amount not to exceed $10,000 for administration of the TRIAD Program and authorization for City Manager to sign agreement. 7.Consideration and action on Employment Agreements for City Attorney,City Magistrate and City Manager. ACCEPTED THIS 19TH DAY OF JULY 2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF JULY ,2005. DOUGLAS CL [MAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 20 OF 21 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 July,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of July,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 5,2005 PAGE 21 OF 21