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HomeMy WebLinkAbout2005-09-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 20,2005 The regular meeting of the City Council of the City of Apache Junction. Arizona,was held on September 20,2005,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eck called the meeting to order at 7:05 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Insalaco Councilmember Severs Councilmember Waldron Staff Present: (Mayor Coleman and Councilmember Sippel were attending the League of Arizona Cities and Towns Conference this evening,Councilmember Dietz had an emergency at home and was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald Interim Development Svcs.Director Dennis Dixon Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 1 OF 30 Others Present:Associate Planner Steve Abraham Grants Specialist Roger Hacker CDBG Administrative Assistant Melinda Larson Public Works Manager Shane Kiesow Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION 05-29,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING SUBMISSION OF A GRANT TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2006 LOCAL TRANSPORTATION SYSTEMS FUND I I PROGRAM,BE APPROVED;AND THAT THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MITCHELL FOX TO ALLOW FOR REBATE OF ROAD IMPACT FEES AS A QUALIFYING INFILL INCENTIVE PROJECT IN THE AMOUNT OF $34,176.34,BE APPROVED:AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Vice Mayor Eck introduced members of Cub Scout Den #7,Pack #389 who were there to earn their citizenship badge. ,Vice Mayor Eck read a proclamation designating October 2005 as "Crime Prevention Month". CALL TO THE PUBLIC Mr.Ray Blevins,730 W.Southern Avenue,Apache Junction,addressed the council regarding the flooding issue.He commented he was at the work session last night to listen to the flooding issue on the agenda and added that city staff did a great job on that.He asked the council to take the first step in REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 2 OF 30 getting the ball rolling on the flooding issue,even if it is enforcing the city code,reviewing the city code or finding some funding to begin work.He added that the wash in front of his house gets so deep when i t rains that the road cannot be seen.I t is flooded.He suggested putting a low grade there so that the water will run across the road and into the dirt area where it can run along the dirt to the wash that runs out to the freeway area.It would then be safer for drivers as they could see where the pavement begins and ends. Mr.Stephen Preuninger,2282 S.Buena Vista,Apache Junction,addressed the council regarding the flooding issue.He asked that the council consider all the water that drains down Buena Vista to the end of it.There is a crown in the road.He asked if they could put some type of drainage ditch so that the road goes in a "V"instead of a crown so that the water can be detoured in one direction other than going to the end of Buena Vista and all over the 2-4 lots. Mr.Erik Rogers,2290 S.Buena Vista,Apache Junction,addressed the council regarding the flooding issue.He stated he is a good foot or two higher than the other two gentlemen in elevation and the water has gotten up to his front door.Mr.Preuninger was right in that i t is a very high spot right in the middle of what is essentially a cul-de-sac.All the houses around both sides get drowned.He requested something be done to try to channel the water. Mr.David Twigg,711 W.23rd Avenue,Apache Junction,addressed the council regarding the flooding issue.Buena Vista is crowned a whole bunch,and his house takes the brunt of the water.Councilmembers have been out to his house.He has never asked for money to concrete the easement;he and his wife did that themselves so that the city would not have to come out and grade i t all the time.Their house looks like a war zone as they have sandbags piled up out front.The house is only 14 years old;i t is in an older development but he does not feel that he should be punished for it.He requested help. The road is crowned real hard.He requested they "V"it out and channel i t into that area.It would help immensely if they could channel the water so that i t flows through that area and takes the water away from he and his neighbors.Fifteen years is a long time to wait for the property on the other side of Southern to be sold.He cannot lift sandbags forever and he cannot expect his wife to do it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 3 OF 30 Mr.Chip Wilson,128 S.Starr Road,Apache Junction,addressed the council to thank everyone for their attendance at the ceremonial tie today.He commented the city,the Friends of the Goldfields and Pinal County Supervisor Sandie Smith have been working with Tonto National Forest to maintain the trails and add more trails in the Goldfields.Tomorrow at the Tonto facilities in Mesa they are having an open house on it.He would appreciate a representative from the city to be in attendance.The National Forest had originally commented that there were enough trails in the area;they thought more motorized trails were needed.A lot of people like to hike,bike and ride their horses in these areas.The National Forest is now saying they should be able to walk,ride a bike or horse from the east side of Power Road to Hackamore Trailhead,and from there through the BLM land to the Apache Junction trail system,allowing them to hook up to the Lost Gold Mine Trail to Peralta Trailhead,which leads them to the Arizona Trail.I t is very unique. I t is important to show support for this.Also,they are doing a raffle for a ton of hay or $200,whichever the person wants.There are 4 additional drawings from Paula's Saddle Shop.B&B Feeds and Paula's Saddle Shop have joined to raise money for the hurricane victims in Mississippi and Louisiana. He would like one of the council members draw the winners on October 1 in the morning. Councilmember Insalaco commented Ron Grittman did a fine job last night on describing the flooding problems.He asked if they could research the possibility of reconstructing or milling the road to save some of the water from going into the homes. Councilmember Severs agreed. Vice Mayor Eck agreed and commented they discussed the item and i t is spread throughout the community.This seems to be centralized in one area.He would like to more than just discuss this item.He would like to find some course of action to take. CITY MANAGER'S REPORT City Manager George Hoffman commented the city has been successful in the COPS grant.$480.000,for the 800 megaHertz system.They partnered with other communities under the Phoenix grant award.They will need to come up with •the other $120,000 match that provides for the infrastructure of the system.They still need to fund the handheld and dash -mounted units.Those could be funded REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 4 OF 30 under the CDBG SSP 2006 funding cycle.He stated the chief commended Sergeant Gary Elkins.Accreditation Specialist Candi Nilles and Communications Supervisor Kathy Jeter for their hard work on this.He suspected Grants Specialist Roger Hacker and CDBG Administrative Assistant Melinda Larson had something to do with this as well.They will keep working towards fixing the interoperability. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR SUPERSTITION SKIES RESTAURANT AND BAR )City Clerk Kathleen Connelly briefed the council on the item.She stated these are new owners.The packet contains reports from the zoning administrator,the fire district and the police department.None of them have any problems with making a recommendation for approval on the item.The applicant was advised to be present at this meeting in the event of questions from the council. Vice Mayor Eck requested the applicant address the council. Ms.Virlie Nugent.945 E.Scenic, Apache Junction,addressed the council. Councilmember Severs asked her i f she had recently purchased the business. Ms.Virile Nugent stated she had. She purchased the land,the building,and everything. applicant address the council. Apache Junction,addressed the council. she had recently purchased the business. Councilmember Severs asked if she was planning on doing any upgrades to the building. Ms.Virile Nugent stated she would do everything that the zoning department will let her do.She is trying to fix it up and she is finding out what she can and cannot do. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 5 OF 30 employees have all the required training. Vice Mayor Eck asked if her Ms.Virlie Nugent stated they do. Vice Mayor Eck 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 THE REQUEST FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR SUPERSTITION SKIES RESTAURANT AND BAR SUBMITTED BY VIRLIE NUGENT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)STATE SPECIAL PROJECTS (SSP)PROPOSED PROJECTS )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated last May the city manager directed them to expedite the public input process for the State Special Projects grant program.This would enable the council to consider projects that may include lengthy environmental review or community surveys. Tonight is the first step in the process in identifying what project to select.The Arizona Department of Housing is currently in the process of revising the State Special Projects program.This a competitive grant.The revision may include a scoring factor that would give certain types of projects a higher priority over others.The types of priority projects will not be officially available until after October 2005.Staff discussed this with Central Arizona Association of Governments representatives and was told the high priority projects would likely be health-and public safety -related. Examples would include projects like wastewater or potable water issues, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 6 OF 30 ambulances and public safety -related equipment.Health-and safety -related could include anything that addresses a health and safety hazard.It was also indicated that traditional infrastructure projects,such as streets,would most likely be considered a low priority.Staff is requesting council select a few priority projects to be researched by staff;this will be brought back to council on October 16.She then provided background information on the program with a powerpoint presentation,which included a timeline,historical information,objectives,low/moderate income areas in the city,target groups, urgent needs,and eligible projects.In 2003 this grant funded the mobile command unit.In 2004 this grant funded 9 vehicles for 5 nonprofit agencies in our community.In 2004,twenty-four applications were reviewed and only nine were funded.Special conditions would be an environmental review,i f needed,that must be completed and submitted with the application.Eligible projects could be a citywide project,a low/mod neighborhood,and housing rehab.She went over the timeline again.She briefed them on the technical assistance process and grievance procedure.The city would get $300,000 in funding if the project is approved.At the September 8 public meeting a project requesting flashing yellow lights on school zone signs and an end school zone sign to be placed on the opposite side was proposed.The leadership team made suggestions and she listed them in priority status from the group.They were the 800 megaHertz radio units,then the flood/drain/water and sewer improvements,pedestrian connectivity between north and south side of Apache Trail,and an upgrade to the Animal Control facility.Other projects suggested were a downtown victims'services center and wireless internet access in the downtown area. Vice Mayor Eck asked if a street improvement project would even be considered.There were only 9 projects funded last year.He considers sidewalks a safety issue. CDBG Administrative Assistant Melinda Larson stated the information that she got from Central Arizona Association of Governments came from a conversation with the Arizona Department of Housing.They have not gotten the official word on what types will be priority projects.However,the information was pretty solid that they would be looking at health and public safety. Vice Mayor Eck asked if they are looking at this as possibly finishing the 800 megaHertz project. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 7 OF 30 CDBG Administrative Assistant Melinda Larson stated according to the police department,to be fully interoperable,they still need 25 handheld units and 45 dash -mounted units. The dash -mounted units include motorcycles and patrol cars.I t is $93,500 for the handheld units and $179,800 for the dash -mounted units. Vice Mayor Eck commented they are in the area to compensate that. Councilmember Waldron asked if they will be looking at these grants being less than $300,000 in the future as they have heard the legislature is pushing hard to reduce the Community Development Block Grant monies. CDBG Administrative Assistant Melinda Larson stated i t is very possible.It appears they are safe for 2006, but there is no guarantee what happens after that. Councilmember Waldron commented they need to call their congressmen and let them know they want the program. Councilmember Insalaco asked if the storm water problem they had heard about earlier in this meeting could be taken care of by these grants. CDBG Administrative Assistant Melinda Larson stated that is an eligible project.It would depend on the scoring criteria on how the Department of Housing would view the project. Councilmember Insalaco stated i t would be health,public safety and welfare.Peoples'homes are at risk. Councilmember Waldron asked if it would an eligible project under the noncompetitive grant. CDBG Administrative Assistant Melinda Larson stated she believed so. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 8 OF 30 Councilmember Severs asked if they could figure out what the qualifications are so they could have a better chance at getting these grant monies for the flooding issues. CDBG Administrative Assistant Melinda Larson stated they could.They would like to have direction from the council tonight to research their priority projects.They will come back to them with the information on October. 17. Vice Mayor Eck commented he believes they have their two priority projects right there;the completion of the megaHertz system and the flooding issue.He feels the bi-annual one might be more of a funding issue but he feels i t is something that should be considered. CDBG Administrative Assistant Melinda Larson stated she would be glad to come back up after the public hearing. Vice Mayor Eck asked if everyone had the information as far as the numbers to call to see if the monies are there. He called Kyl's office and he encouraged everyone to call because they are looking at cutting back the funding.They need to let them know how important i t is to our community. City Attorney Joel Stern stated the project must address the following objectives:meet the needs of low and moderate income level citizens;prevent any slums and blight in the community; and address certain threats to health,welfare and safety.He believes her understanding is that it can be one or any combination of those. CDBG Administrative Assistant Melinda Larson stated it could be a combination. City Attorney Joel Stern asked if it had to be all three. CDBG Administrative Assistant Melinda Larson stated it does not. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 9 OF 30 City Attorney Joel Stern asked if it is a drainage issue,does it have to be in a low/mod income level area. CDBG Administrative Assistant Melinda Larson stated that could bring into place a community survey showing that the service area is absolutely over 51%low/mod.She would have to research that. City Attorney Joel Stern stated that the issue could go to threats to the health and welfare in general. CDBG Administrative Assistant Melinda Larson stated that is possible. Councilmember Severs commented i t could also hurt our chances competitively if someone else has low to moderate income housing that is being flooded. CDBG Administrative Assistant Melinda Larson stated that is also a possibility.She and Mr.Hacker would make sure all of the questions have been answered during the research phase. Councilmember Waldron asked when they would start hearing about the regional account. CDBG Administrative Assistant Melinda Larson stated they will be holding their first public meeting on October 12.They are no longer partnering with Payson so the city will be applying annually.It will be in the range of $170,000. Vice Mayor Eck opened the public hearing on the item. Mrs.Lori D'Amico.1440 N.Idaho Road,Apache Junction,addressed the council.She spoke about the flashing yellow lights at school zone sites.The highlight is to enforce the speed limits in school zones especially while school is in session.They need to protect the children who are tomorrow's future.The speeding of today is horrendous,even more so in the school zones.They need to do something to make the citizens more aware of school zone speed limits.She lives across REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 10 OF 30 from Four Peaks Elementary and sees the abuse daily.She sees speed registered at 37 miles per hour on the portable machine.She has seen and heard trucks use engine brakes to slow down to the appropriate speed.She claimed that parents who drive their children to school,teachers,and bus drivers go much faster than the posted 25 miles per hour speed limit before and after the school zone.It is required from 7:30 a.m.to 4:00 p.m.on school days.Most know the sign is there but fail to acknowledge it.In 2004 there were 19 speeding violations by the high school and middle school alone. There have been 4 speeding violations as of right now in 2005.Most of these were in front of Four Peaks.There were also 5 citations issued for failure to stop while a person was in the school crosswalk in 2005.People stop for emergency vehicles and school buses with flashing lights.She asked why people cannot slow down for a school zone.She suggested adding flashing lights to the school zone signs and lowering the speed limit from 35 to 25 up to Apache Trail.The area is considered downtown with the library,multi-gen center,city hall,police department,motor vehicle department and courthouse all in the vicinity.I t is up to all of us to protect the future and save a child. Pasquale D'Amico,1440 N.Idaho Road,addressed the council.He asked if they had ever seen a 12 -year -old boy who was a friend and neighbor lying dead in the street because he was hit by a speeding truck in a school zone.He has and i t is still on his mind.It will never go away.He had to take the siblings to his home while he notified the parents.He sees the speeding vehicles as he works on the common area and sits at his patio table.He hopes that something can be done about this. Vice Mayor Eck closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. CDBG Administrative Assistant Melinda Larson stated they are looking for direction to research the council project priorities. Vice Mayor Eck commented he feels that the flashing yellow lights and some kind of traffic control is a necessity.However,he does not think i t is a CDBG issue.He thinks it could be resolved with other funding involved.He does not believe this would be $300,000.They should be able to resolve it quicker and with less money. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 11 OF 30 Councilmember Insalaco agreed.It might be possible to partner with the school district and split the cost.He does not believe there is enough money there to make the project fly.He agrees that something should be done.People get to the middle stop sign and they think they are through and they are gone.The distance is so long and there is no ending.He has done it,too. Councilmember Severs commented he would like to see research done on the megaHertz system and the flooding problems.He would also like to see if they could do something about the flashing lights on a quicker basis.He believes they could come up with a solution right away. Vice Mayor Eck agreed. Councilmember Waldron stated he was concerned that they look to the regional account for the flooding issue as that is guaranteed money.He is concerned that if they just look at the flooding issue and the grant is not successful,then they are just getting the hopes up of some people to repair something and they do not get the money.He would like to look at that as a regional account. Councilmember Severs asked if they could submit two applications in case one does not go through. CDBG Administrative Assistant Melinda Larson stated she would not say that they cannot submit two,as they continue to revise the program.Last year it was suggested that it would not be a good idea as the funding is limited.It would be a lot of work to write the grant with very little likelihood that it would get funded. Councilmember Waldron commented they want to submit something that would score high because i t is so competitive for this grant.He would like the research done on the flooding issue, however. Vice Mayor Eck commented he would like them to go in the direction of both;the megaHertz and also the flooding issue.He thinks they can address the school issue in a much more expedient manner.He knows what they are talking about there.There is one in Gilbert REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 12 OF 30 that catches his attention:i t is a higher sign with a light and darker lines on the street.The goal has always been to get the 800 megaHertz and that has not been completed.He would like to have a chance on the flooding issue, also. CDBG Administrative Assistant Melinda Larson commented Ron Grittman has done a cost analysis on the flashing lights.He forwarded her some information. Vice Mayor Eck asked what the approximate costs were. CDBG Administrative Assistant Melinda Larson stated a solar light including the pole,cabinet,base and everything needed to install the complete system is approximately $6,500 to $7,000 per location.The direct electrical connection would be $4,000 for the pole and lighting system plus $1,500 to $5,000 for trenching conduit meters, plus the monthly cost of the meter service. Grants Specialist Roger Hacker commented because they have received federal money,which the CDBG funds are, and we have reached approximately $600,000,that kicks in a special,more stringent kind of review by the federal government.They got the response back today on the audit and thanks to Mrs.Larson's diligence and the efforts of the finance director,the audit was passed with the federal government with flying colors.It is no small feat.He thanked her and Keith Lewis. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SELECTION OF PROJECTS TO BE RESEARCHED FOR FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS:THAT RESEARCH ON THE CONTINUATION OF THE UPGRADE OF THE 800 MEGAHERTZ SYSTEM AND ALSO DO SOME RESEARCH INTO WHAT CAN BE DONE WITH MONEY FOR THE FLOODING ISSUE. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 13 OF 30 Vice Mayor Eck asked if he had a specific location for the flooding issue. Councilmember Waldron stated i t would be in general because they do not know what the costs will be as of yet. Until they see what the costs are,it cannot be defined further.The cost would be part of the research. VOTE:Unanimous. The motion carried. ORDINANCE NO.1243,PZ-14-05,REQUEST BY GLEN MILLETT TO REZONE ± 5 GROSS ACRES LOCATED AT 350 W.16TH AVENUE FROM THE CURRENT GR AND CR-3 TO CR-3/PD FOR LOT SIZE AND SETBACK REDUCTIONS )Associate Planner Steve Abraham .briefed the council on this item.He stated this is titled Lantana Villas. It is located next to the Moose Lodge in an L -shape.It was originally a cul- de-sac design in 2004.The primary changes are the addition of 7 more lots and the transition of the streets to private rather than public,along with a dogleg cul-de-sac style and a change in dwelling unit style.These are more of an attached unit instead of detached unit.They would share a common wall design.The deviation request includes lot size width reduced from 60'at 7,000 sq.ft.to 52'at 6,000 sq.ft.The side yard setbacks will be 5',0'and 10'.The 10'is on the opposite side to provide for the attachment of the unit.They will be staggered to encourage view and interest as one travels through the project.Citizen review process included newspaper advertisements and mailings;only one comment was received from someone who did not support the request but no specific reasons were cited.The general plan designates the area as medium density residential or 1-6 dwelling units per acre;this site has 5 dwelling units per acre.I t is lower than the surrounding residences.The Planning and Zoning Commission recommended approval of the project.There has been a minor adjustment to the proposal since this was presented to council at the work session involving the east/west private street along the northern edge of the development.The private street abutting lots 1-6 shall be a minimum of 28'in width from back of curb to back of curb.In addition,a 4'landscape strip shall be provided between the exterior subdivision wall and the south side of the private access.I f REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 14 OF 30 council desires to add that stipulation,staff requests stipulation one be modified to state that the final plan and lot layout and future subdivision plats shall conform substantially with the submitted and approved concept plan except as conditioned herein:lot width and sizes shall be no less showing on the concept plan.If council adds the stipulation,which staff recommends, then the final plan lot layouts and future subdivision plats shall conform substantially with the submitted and approved concept plan except as conditioned herein:lots widths and sizes shall be no less than as shown in the concept plan.The basic change is that the private street has been expanded at the request of engineering.The applicant is agreeable to the expansion.I t reflects a 4'lot depth reduction,resulting in a 244 sq.ft. lot reduction in size for lots 1-6.Engineering felt a wider street was necessary for the pick up of trash and location issues. Vice Mayor Eck commented it would also be for a fire truck. Associate Planner Steve Abraham stated that is correct along with health/safety concerns. Councilmember Waldron asked what condition 9 is. Associate Planner Steve Abraham stated the private street abutting lots 1-6 shall be a minimum of 28'in width from back of curb to back of curb.In addition,a 4'landscape strip shall be provided between the exterior subdivision wall and the south side of the private street. Councilmember Severs commented they are looking at a radius of 27'at the northwest end by unit 1. Associate Planner Steve Abraham stated the engineering plan shows a 41'radius to the back of curb from the center of the cul-de-sac.He believes what he is looking at is a distance line from the center of the private street. Councilmember Severs asked if those radii are required by the fire department for getting trucks in and turning around. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 15 OF 30 Associate Planner Steve Abraham stated they are.This has been reviewed by the fire district and they recommended approval of the configuration. Councilmember Severs asked if that is the minimum size radius required by the fire department. Associate Planner Steve Abraham stated he did not know. Assistant City Manager Bryant Powell stated they met with the fire district this past week.I t is not something that they have in the code but they do work with the fire district.They have different apparatuses that they work with and they have a review regarding those.They have not been given a minimum. Vice Mayor Eck commented it either meets or does not meet with their approval. Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Eck commented they would want to be able to turn their fire trucks around and they would need adequate room to do it. the way this development is set up. these are basically all duplexes. stated that is correct. Councilmember Severs stated he likes Councilmember Insalaco commented Associate Planner Steve Abraham Councilmember Insalaco commented except for lots 7 and 8.He asked if those would be single family homes. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 16 OF 30 Associate Planner Steve Abraham stated probably.One of them would have to be stand alone.They have not indicated which one it would be.It appears lot 7 would even it out the most. Vice Mayor Eck requested the applicant address the .council. Mr.Ron Taylor,846 N.Barkley, Mesa, .addressed the council.He had nothing further to add other than to say that working with staff has been really helpful.He thinks it's a real good project.The owner is also here if they have any questions. was age -restricted. Councilmember Insalaco asked if this Mr.Ron Taylor stated i t is not. Vice Mayor Eck 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 further discussion,he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1243 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1243,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT STIPULATION NUMBER ONE BE MODIFIED TO READ "THE FINAL PLAN,LOT LAYOUTS AND FUTURE SUBDIVSION PLATS SHALL CONFORM REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 17 OF 30 SUBSTANTIALLY WITH THE SUBMITTED AND APPROVED CONCEPT PLAN IN CASE PZ-14-05; EXCEPT AS CONDITIONED HEREIN LOT WIDTHS AND SIZES SHALL BE NO LESS THAN AS SHOWN ON THE CONCEPT PLAN";AND THAT CONDITION NINE BE ADDED TO READ "THE PRIVATE STREET ABUTTING LOTS ONE THROUGH SIX SHALL BE A MINIMUM OF 28'FROM BACK OF CURB TO BACK OF CURB;IN ADDITION,A 4'LANDSCAPE STRIP SHALL BE PROVIDED BETWEEN THE EXTERIOR SUBDIVISION WALL AND THE SOUTH SIDE OF THE STREET". Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly stated she believed Item Number 9 is a public hearing instead of Old Business.She believes i t is a continuation of a public hearing. Vice Mayor Eck called for a ten minute break. Vice Mayor Eck reconvened the meeting. ORDINANCE NO.1239,CASE AM -1-05,ZONING ORDINANCE TEXT AMENDMENT TO MODIFY 6.0128,WHICH REGULATES SWIMMING POOLS ) )City Attorney Joel Stern commented this item was continued on August 16,2005 to this date.As it was a public hearing on that date,i t is a public hearing tonight.Public input will be allowed tonight. City Manager George Hoffman commented they are down a development services director and a planner.Staff is cut down by 25%.The priority sessions have established State Land and the downtown area as priorities.Staff has a tremendous amount of work on those goals.Neighborhood preservation is also being addressed.Staff is trying to give timely customer service to new customers.He recalled that while listening to the comments,i t seems to him that the core issue was about a 7' REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 18 OF 30 setback and with the advent of smaller parcels they should get more in line with the valley average setback.He thinks Noel sought to do a comprehensive job,but i t is getting to where they may be chasing a problem that is not there.He offered that they consider returning to the core issue and directing them to bring back an ordinance that modifies the setback issue to whatever limit they find appropriate and define the issue as just being that. Councilmember Waldron asked if this ordinance does that. City Manager George Hoffman stated the ordinance does that and a lot more.They do not seem to have much disagreement over the core issue.Staff has already done that research so i t would not require much more staff research to resolve the core issue. Vice Mayor Eck commented they could revisit the other issues at a later date. City Manager George Hoffman commented if a customer came in with a concern over neighborhood noise or being able to see a pool,they could always revisit that at a time and date at their discretion. Councilmember Waldron asked if he wanted them to do this ordinance and come back and modify i t later. City Manager George Hoffman suggested that they reframe the issue,resolve what the initial core problem is,and if other issues occur later in the year they can come back to them. They will hopefully be more fully staffed at that point and State Land and downtown priorities should be further along. issue was setbacks. that was his perception. Vice Mayor Eck commented the core City Manager George Hoffman stated Councilmember Severs commented i t was a situation where someone wanted to build a pool in their backyard but the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 19 OF 30 yard was not large enough because of the 7'setback.They requested that i t be waived or changed to a 3'setback. City Manager George Hoffman stated staff did the original research and they were shown the original staff report at the work session last night. Councilmember Severs asked what of all the other items that were mentioned. City Manager George Hoffman stated they could be conceived as being part of the whole but they are not what was being reacted to as the problem.That was the setback issue. person was still waiting. he assumed so. hearing on the item. Councilmember Severs asked if that City Manager George Hoffman stated Vice Mayor Eck opened the public Mr.Sam Nielson,883 W.Mesquite Avenue,Apache Junction,addressed the council.He is currently attempting to put in a pool at his house as well and the 7'setback has become an issue.It does not allow enough room for the pool to fit in his yard.He would like the setback changed to 3'which would allow for the pool to fit in his yard. Vice Mayor Eck asked if he applied for an application. Mr.Sam Nielson stated he had. Vice Mayor Eck asked if he is the one who is waiting. Mr.Sam Nielson stated he is not. He just heard yesterday that the permit was declined. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 20 OF 30 Vice Mayor Eck asked i f it was declined because of the setbacks. Mr.Sam Nielson stated that is correct. Vice Mayor Eck closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Severs asked if they have the ability to change the setback situation tonight without addressing all the other issues. Vice Mayor Eck commented that is what the city manager would like. City Manager George Hoffman stated he was suggesting the council send this back to strike the other things to make sure no errors are made from the floor.However,he will defer to those who have read the ordinance in detail. City Clerk Kathleen Connelly stated there is a whole bunch of things in the whereas clauses that are not related to setbacks. City Manager George Hoffman asked i f they did that,they could have it back letter perfect. City Clerk Kathleen Connelly stated that is correct. City Attorney Joel Stern commented 1A states that all single family residence swimming pools are to be located no closer than 3'from the side/rear yard property lines and shall not be constructed beyond the furthermost portion of the front façade of the dwelling.That sounds like a setback to him.This answers Mr.Severs question:i t is the setback issue and that is how he thinks they would handle it.They can strike or add whatever they want.Floor amendments are not really encouraged but council has done that in the past.It would be better REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 21 OF 30 if they advised what they wanted so they could come back with a cleaner ordinance. Councilmember Severs suggested that it deal only with footage and measurements from the property lines.He would like the part about the front yard taken out.I t should be strictly setback rules from property lines. City Manager George Hoffman asked i f they would be leaving the drought emergency provision in the ordinance. Vice Mayor Eck stated that is under C. City Clerk Kathleen Connelly stated they would also need to leave E in there as i t is the fencing requirement in Volume I of the City Code. Councilmember Waldron commented i t appears to him that the only thing that needs to be taken out is section 1C. He thinks they should still have the screening around the equipment under item D. City Manager George Hoffman stated the building official wonders if that will create the potential for electrical and mechanical code issues. Councilmember Waldron commented that they should strike C and D. There was general discussion by the council on striking those two sections. City Attorney Joel Stern stated i f that is their only change,they could come back with an ordinance tomorrow for the mayor's signature. City Clerk Kathleen Connelly asked if they wanted section 2 regarding the water features to remain. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2.2005 PAGE 22 OF 30 not causing a problem. Councilmember Waldron stated that is Vice Mayor Eck agreed. City Manager George Hoffman asked i f there would be any integration issues if they struck C and D.or if there was anything in the ordinance that was cross-referenced. Associate Planner Steve Abraham stated there would not.It was one of their options to strike C and D.and there is no integration in doing so. Senior Planner Rudy Esquivias commented the first part of section 1 talks about the 3'setback,and there is a part in here about multi -family zones and commercial zones.He is not sure if that is part of the discussion and the setbacks required for the zoning in which they are located.C and D seem to be the main issues of contention regarding pools being visible from a front property line.If there is not a need to do screening or anything special with the pool equipment,and they are okay with the other portions of the ordinance,then striking C and D would get to the core issue of the setback reduction. Councilmember Severs commented he would like for -A to read "for all single family residences swimming pools are to be located no closer than 3'from the side and rear property lines".He would like to delete the "and shall not be constructed beyond the furthermost portion of the front facade of the dwelling". Councilmember Waldron commented that would be a front yard pool that is an issue that they can bring back later. That is one of the contentious issues.If they want to do this tonight,then that is something they can bring back later along with pool visibility and pool equipment. Vice Mayor Eck commented that they are actually going to pass this tonight. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 23 OF 30 Councilmember Waldron commented they can come back as there may be some other council member that will want to bring back C and D later on. Councilmember Severs stated they can bring back the last half of A later on,too.They should go ahead and deal with this and get rid of the setbacks. Vice Mayor Eck commented the last half of A probably only pertains to property that is larger than an acre. Senior Planner Rudy Esquivias stated that is not necessarily true.It would be all single family residential zones.I t is much more difficult in some of the smaller lot zoning districts to locate a pool in the side yard,particularly on the properties that have 5' and 10'side yards. Vice Mayor Eck commented he would like to add i t in there that they make i t 1.25 acres or larger lots.The front of the dwelling would not apply to larger lots. Senior Planner Rudy Esquivias asked if he wanted to make an exception for the 1.25 acres and larger lots. Vice Mayor Eck stated i t is just a suggestion. Councilmember Waldron commented i f they do that,then he wants to continue the item and bring a strike out version back. Vice Mayor Eck commented if they did that they would not be able to get the setbacks done for at least 2 weeks. City Clerk Kathleen Connelly asked how this was advertised;if it was just a general amendment and not restricted to lot size or anything. Senior Planner Rudy Esquivias stated they advertised the entire ordinance as proposed,but there were some REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 24 OF 30 modifications made by the planning and zoning commission that occurred after it was advertised.I t is within their purview to make certain changes. City Attorney Joel Stern stated that is adequate public notice.The city clerk also brought up the third whereas clause if council is going to get rid of the decorative water feature issue under section D. City Clerk Kathleen Connelly stated it had to do with the pool equipment. City Attorney Joel Stern stated they would also need to take out the definition of decorative water feature. Vice Mayor Eck commented they did not discuss removing the water feature section. Councilmember Waldron commented the water features were not an issue. Vice Mayor Eck stated he does not have a problem with them.He liked what the city manager said about sticking with the core issue,though.If what remains is passed,so be it.There is an issue that will mean it has to be brought back up. Councilmember Severs asked what he meant. Vice Mayor Eck commented he does not believe they are going to get this passed tonight if item lA is going to be an issue. Councilmember Waldron stated they can always bring i t back later. Vice Mayor Eck commented that those people waiting to build a pool would have to wait that much longer.He then closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 25 OF 30 Councilmember Waldron MOVED THAT ORDINANCE NO.1239 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1239,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT ON PAGE ONE OF FOUR,THE THIRD WHEREAS CLAUSE REGARDING SOUND,THE IMPACT ON,EQUIPMENT,BE REMOVED:AND THAT ITEM,UNDER SECTION 6.0128,SECTION 1C AND D BE REMOVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:3-1 (Councilmember Severs voted in opposition.) The motion carried. OLD BUSINESS None. 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 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 26 OF 30 CONTRACTS ON VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR FISCAL YEAR 2005-06 ) )City Clerk Kathleen Connelly briefed the council on the item.She stated this was talked about at the work session last night.Members of the Health and Human Services Commission met in August and September to look at the applications for this year's funding, meet with the applicants,and to make their recommendations.The packet contains recommendations from the commission on three different levels of funding;at $80,000,at $90,000,and at $100,000.The two areas that show increase between those levels of funding are the Boys and Girls Club and Mesa Senior Services.The Boys and Girls Club is for the Project Learn program and Mesa Senior Services is for anticipated increase in the use of services at the new multi-gen center.I t is council's discretion as to the funding level. The commission felt it was worthwhile to give them different levels. Councilmember Waldron asked if the extra money for the $100,000 level is available. Assistant City Manager Bryant Powell stated when staff went through the budgeting process in the last fiscal year, they did not know how to plan for the operations in the multi-gen center. They have set aside in the general fund an amount that would give them the capacity to do that if the council desires.They had budgeted the $80.000 plus additional as they knew this might come up. Vice Mayor Eck commented i t is his understanding that in order for the senior center to be at the level they need to be,the $100.000 level is needed.He asked if the Boys and Girls Club and the senior center would be splitting that extra money. City Clerk Kathleen Connelly stated the Boys and Girls Club is recommended at $15.000 for the $80.000 level;at the $100,000 level i t is recommended for $20.000.Mesa Senior Services is at $30,000 at the $80.000 level and $40.000 at the $100.000 level.The amount the agencies requested is on the first page of her memo.The Boys and Girls Club had requested $37,500.The commission asked them specifically if they would be able to proceed with the program if they did not get the total amount.They stated they would get the funding from other sources.Mesa Senior Services requested $42,000 and the commission's recommendation at the $100,000 level is $40.000. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 27 OF 30 Vice Mayor Eck commented he believes they should go with the $100,000 level for this fiscal year and have i t remain at $80,000 for next year unless the council decides to increase it. City Clerk Kathleen Connelly asked if he would like the commission to recommend different funding levels again next year. Councilmember Waldron commented Councilmember Dietz has been wanting to bump i t to $100,000.It has been at $80,000 for quite some time.He believes there are other council members who want to look at that during the next budget process.Depending on what they do with the budget,if they go to the $100,000 level,they will only need the one column at $100.000 as opposed to columns up to $120,000. Vice Mayor Eck commented they will be deciding at budget time the funding level.The commission will then have time to decide.If they decide to make i t $100.000 they will only need the suggestions at the $100,000 level.He does not want to decide that tonight. They should only be deciding for this year tonight. City Clerk Kathleen Connelly stated the commission would like to get these recommendations to the council earlier next year,and it will hopefully be in advance of the budget process. Councilmember Waldron commented in that case they may want to do the $80.000,$90,000 and $100,000 levels again. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARIDNG CONTRACTS WITH VARIOUS HEALTH AND HUMAN SERVICES AGENCIES FOR FISCAL YEAR 2005-06:THAT THEY PROCEED WITH THE DISTRIBUTION REQUESTS AT THE $100,000 LEVEL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2005 PAGE 28 OF 30 The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 3,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; AND THAT AN EXECUTIVE SESSION BE HELD ON TUESDAY,OCTOBER 4,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS •Councilmember Waldron announced the League Conference is over the next three days in Mesa. City Clerk Kathleen Connelly announced that Mayor Coleman has the honor of introducing Governor Napolitano at the League of Cities and Towns luncheon on Thursday afternoon. ADJOURNMENT )Vice Mayor Eck 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 September 6,2005. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2.2005 PAGE 29 OF 30 3.Consideration of Resolution No.05-29.Authorizing submission of a grant application to the Local Transportation Assistance Fund (LTAF)I I for FY 2006. 4.Consideration of Approval on proposed Development Agreement with Mitchell Fox to allow for rebate of road impact fees as a qualifying infill incentive project. ACCEPTED THIS 4TH DAY OF OCTOBER ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER 2005. ATTEST: KATHLEEN CONNELLY City Clerk 1/4-e ` Y 7F ( 4- 11011(11 AS COIFmAN Mayor CITY COUNCIL MINUTES CERTIFICATION wee4trev 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 20th day of September,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of September,2005. xak„, KATHLEEN CONNELLY ,4 r4+-r1 --LL i u UICFN REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2.2005 PAGE 30 OF 30