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HomeMy WebLinkAbout2005-12-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 6,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 6,2005,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 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron 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 Parks and Recreation Director Jeff Bell Interim Development Svcs.Director Dennis Dixon Library Director Pam Loui Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 1 OF 26 Others Present:Associate Planner Steve Abraham Senior Planner Rudy Esquivias Management Assistant Janine Solley Associate Planner Charles Beck CDBG Administrative Assistant Melinda Larson Recreation Superintendent Liz Langenbach Grants Specialist Roger Hacker Sergeant Theresa Rogers Accreditation Specialist Candi Nilles Facilities Manager Jamie Sullivan Sergeant Garrett Elkins Communications Supervisor Kathy Jeter ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION FOR RADIO COMMUNICATION SERVICES IN THE AMOUNT OF $35 PER RADIO UNIT USAGE FEE IN THE FIRST YEAR WITH SUBSEQUENT YEARS USAGE FEES TO BE DETERMINED AT A LATER DATE BY THE CITY OF MESA TO BE NOT LESS THAN $35 PER RADIO UNIT USAGE FEE BE APPROVED,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT: AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE APACHE JUNCTION FIRE DISTRICT AND THE CITY OF APACHE JUNCTION FOR 800 MEGAHERTZ P25 COMMUNICATION SYSTEM AND GEOGRAPHIC INFORMATION SYSTEM MAPPING WITH THE CITY TO REIMBURSE THE FIRE DISTRICT FOR CITY'S PORTION OF CHARGES AND UPDATES COMPLETED WITHIN INCORPORATED CITY LIMITS AND 50% OF COSTS FOR STATE LAND BASE MAPS FOR LANDS WITHIN CITY LIMITS BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT:AND THAT RESOLUTION NO.05-26,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR THE HAYSTACKS,CASE SD -7-03,BY SCOTT STANLEY ON BEHALF OF JOHN BELLEROSE OF BIG INVESTMENTS 01 L.L.C.,BE APPROVED:AND THAT THE APPOINTMENT OF GLENN WALP AS DIRECTOR OF PUBLIC SAFETY BE RATIFIED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 2 OF 26 VOTE:Unanimous.(Councilmember Severs explained his vote for Glenn Walp.) The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager George Hoffman gave a powerpoint presentation in recognition of 25 years of service by Parks and Recreation Director Jeff Bell covering the highlights of his career.Mayor Coleman presented Parks and Recreation Director Jeff Bell with a certificate for 40 hours of vacation and a shadowbox depicting his career.Facility Manager Jamie Sullivan presented Parks and Recreation Director Jeff Bell with a quilt to remind him of all the programs he has helped his department deliver to the community. Assistant City Manager Bryant Powell gave a powerpoint presentation on the Project SOAR Apache Junction Citizen Team.Mayor Coleman presented certificates of recognition to team members in the audience,namely Laura Dean Lytle,Everett Deidiker,Christopher Jones,Tony Maloney,Micky Oder,Giles Patton,Dave Riske,Sandra Schenone,Kate Spillman,and Kathleen Waldron. Others not in attendance were Bethany Carrillo,Chuck Baker,Gene Humphries, Rick Cardena,Nella Keener and Michael Mills. CALL TO THE PUBLIC Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council in support of the 800 megaHertz radio communications grant.He urged them to allow the grant to be submitted.The 911 Commission recently stated that the country is not prepared,and he believes the first responders should be totally prepared and be able to talk to one another locally and regionally. He commented they had two marines visit them in the spring who had been stationed in Iraq.First Lieutenant Eric Martindale is now back in Iraq and he is trying to get his address so that people may correspond with him.In addition,he had made a bet with Councilmember Waldron on the outcome of the Army -Navy football game;the score was Navy 42,Army 23,he lost and paid for a steak dinner for the councilmember. Mr.Brodie Broderson,9020 E.Brittle Bush Drive,Apache Junction,addressed the council regarding the Guardian Angels.He gave a progress report,stating they now have 5 new members,have looked at several places to have their REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 3 OF 26 headquarters,and he has an appointment with the interim chief on next Tuesday. Mr.Gary Nine,280 S.Phelps Drive,Apache Junction,addressed the council to thank them for the Phelps Drive project.He stated he has seen a lot of things in the long time that he has lived here,and the vision of any city is for the residents at the end of the year to be prouder of their city .than they were the year before.He stated he,his wife and his partners are proud every time they turn down that street for this great project, •not only because of what they did,but also for the coordination and communication from the staff. Mr.Louis Babin,2191 S.Belair Road,Apache Junction,addressed the council regarding "jake"brakes and mailbox theft.He stated the compression brake diesel engine noises,or Jacob Brake,is a patented product that is connected to high speed diesel engines.If they want to make an ordinance regarding those,they should not call them Jacob Brakes or jake brakes,but high speed diesel engine compression brake or engine retarder.It would also be a good idea to have a sign located on the street indicating the ordinance number and that i t should not be done.They are supposed to be used primarily on downhill grades:most truck drivers know they should not be used in urban residential areas.He believes their lawyers are telling them to use them to save their brakes,but that is not what they are for.If there is an obnoxious noise ordinance,it would probably already cover this.Also, thieves are breaking into the mailboxes in his neighborhood and stealing their mail.It may be because i t is Christmas time.He commented the Guardian Angels may be able to help out with that.A neighbor walking his dog found some of his mail and returned it to him:it was the one day he was not out there when the postal carrier arrived.He does not put any outgoing mail in his mailbox.I t seems to be a problem this time of year when people send money through the mail. Mr.Chip Wilson,128 S.Starr,Apache Junction,addressed the council regarding the property maintenance standards.He thanked the committee for listening to what they had to say on the issues,although i t had been frustrating when he attempted to clear up some confusing statements,such as electric fences.For the most part they addressed the problems and everyone attending seemed to come away with the idea that they were trying their best for solutions.He is still concerned with the draft in some areas.On page 1,paragraph 3,i t states code officers shall apply this fairly,sensibly and reasonably:he wanted them to remember that statement later on.On page 7, REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 4 OF 26 vehicle storage,they were told that covering a vehicle with a tarp or car cover would be allowed for vehicles stored in the front area of the lot if the house was located at the back of the lot;there is no mention of this in the requirements.I t is mentioned on page 8,paragraph 2,concerning apartments, condominiums and townhouses.This needs to be addressed if this can be done. On page 9,paragraph 2,land maintenance and weeds,paragraph D,appears to state that if the house is located over 100 feet from the road there can be dead weeds and grass exceeding 10 inches but only the first 50 feet of the property is enforceable.He asked if this is the definition of a front yard, or what is the definition of a front yard.On page 9,paragraph D(2). exterior buildings,structures and signage,states that barbed wire fencing must not be erected or maintained within 10'of any public right-of-way.A lot of the lots with barbed wire fencing are older lots with fences that were put up before this was a city and before the roads were paved.He asked i f they must meet this new requirement.He asked them to go back to the first paragraph mentioned and that this must be consistent. Mr.Dale Richards,675 N.Gold Drive,Apache Junction,addressed the council regarding the property maintenance standards.He thanked Vice Mayor Eck and Councilmembers Severs and Waldron for answering his questions and concerns on the property maintenance standards.It took a lot of time and he feels they have come up with a reasonable draft. Ms.Mary Richards,675 N.Gold Drive,Apache Junction,addressed the council regarding the property maintenance standards.She thanked the advisory committee for the property maintenance standards for giving so much of their time to make out a draft of the standards.She hopes it will work to great effect for code enforcement and be accepted and not overwhelming for the homeowners and residents.She also thanked Bob Mayes and Dennis Dixon for being available to answer all the questions at the public meetings.It has taken a lot of time.She has read the draft and the only area she does not understand fully is the intent clause.She requested someone read and explain the intent clause. Ms.Wendy Shales,P.O.Box 5005,Goodyear,addressed the council regarding an alleged attempted homicide on her and complained that the police department is not assisting her. Ms.Sandra Koenig,5055 N.Warner,Apache Junction,addressed the council regarding the Silver Sneakers.She stated the program allows them to work out REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 5 OF 26 at the gym at Saguaro Family Fitness.She has been told i t is moving to the Multi -generational Center.They will not be able to have memberships at Saguaro Family Fitness Center unless they pay for it themselves.She hoped they would consider not moving Silver Sneakers to the Multi -generational Center and keep it at Saguaro Family Fitness.They need the swimming pool for those with arthritis. Mr.Karl Sot,1337 S.Gold,Apache Junction,addressed the council regarding the Multi -generational Center.He stated it cost the taxpayers millions of dollars to build the center and it will probably cost millions to keep i t open.It will also cost him his wellbeing because Silver Sneakers moved there.He does not know how a city can do business within the city.He does not believe the city needed the center.The city could use a transit system to connect it to the rest of the world.He requested they look into not taking away a private business'wellbeing into city funds;i t is not right to do so. Mayor Coleman commented there were two more regarding Silver Sneakers and he requested they stay for the City Manager's Report as he will have some information on the issue. Mr.Pete Peterson,1793 S.San Marcos.Apache Junction,addressed the council regarding the Silver Sneakers program.He stated he needs exercise but he cannot do a lot of it without the water.He needs the water,pool and the hot tub.He does not want the program to be moved to the Multi -generational Center. Ms.Gloria Sullivan,11347 E.Edgewood Avenue,Mesa,addressed the council regarding the Silver Sneakers program.She stated she is walking with a cane because she has arthritis.To exercise she needs a pool,and a pool and hot tub is what most of them need,especially those that are disabled.She considers herself disabled because she has to walk with a cane.If Silver Sneakers moves from Saguaro Family Fitness,they will have to pay to use the pool.She is 87 years old and on a fixed income.She needs the pool. CITY MANAGER'S REPORT City Manager George Hoffman stated he wanted to address the Silver Sneakers issue.Last Monday he had a meeting with Claire Lansing,the owner of Saguaro Family Fitness and with Elton,a consultant of hers,at her request.Saguaro REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 6 OF 26 Family Fitness is a private business and Silver Sneakers is a private business.They have a contractual relationship.Ms.Lansing came to the city to talk about the Silver Sneakers program;they met for about 2 hours.He sent her an email the next morning summarizing what she had said and what their action plan was.The key things were there are people in the community who have needs for wellness.The Silver Sneakers program has historically not provided sufficient revenues to cover the cost of providing the program at the fitness center,resulting in her business,specifically she and Dr.Cornelius Lansing,subsidizing the program for a number of years.She can no longer afford to do this.She indicated that they have not demonstrated a willingness to negotiate an agreement with the fitness center that covers the cost of the program and that consequently she and Silver Sneakers have determined that they would not renew the contract with each other.He has offered to facilitate a meeting between them,bearing in mind these are both private businesses,with Silver Sneakers passing money through insurance companies to gyms.She indicated she did not have an interest in the city attempting to have Silver Sneakers have two contracts in the community because they have historically made it clear to her that they will not negotiate anything other than an agreement that causes the fitness center to operate at a loss.Pursuing funding through Silver Sneakers is not an option that she wanted to pursue given her interaction with them.She indicated that her core concern is not that the program approach the city and that the city is interested,but instead that the Silver Sneakers'decision to not negotiate an agreement that covers cost will result in members of the community not receiving the wellness programs they need.This is what they have heard tonight.Karl and Pete are right;there is no pool at the Multi -generational Center.The city also does not have a contract with Silver Sneakers.Silver Sneakers came to the city apparently as a result of talking to Ms.Lansing about not having the program with them.They approached the city to see i f the city were interested.The city is interested if no one in the community will provide that:the city may want to step up and provide i t for those that can avail themselves of it.It was agreed during the meeting on Monday to do a couple of things.Parks and Recreation Director Jeff Bell will facilitate a meeting between Elton,Claire Lansing and Dan Taylor,the director of Mesa Senior Services.The meeting is tomorrow.Claire Lansing and Elton agreed that they would reach out to insurance providers to determine if they could arrange a direct payment from the insurance companies directly to them.He currently does not know the progress on that.He agreed that he would ask Grants Specialist Roger Hacker to approach her and find out what her needs are as he is very adept at trying to find grant monies.That contact has been REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 7 OF 26 made with a follow-up email provided.He agreed to facilitate introducing her to Jack Beverage of Pinal-Gila Behavioral Health Association as they are moving into wellness programs.He has done so and Jack has called her but he is unaware if they have met yet.He also agreed to set up another meeting to discuss the collective progress.He ended the email by asking her to contact him if he had failed to capture key points of consideration or the action steps outlined.He has not heard back from her to indicate otherwise.Based on the comments tonight,he will make a formal appeal to Ms.Lansing to reconsider her position of not negotiating with Silver Sneakers.He understands that she needs to make a profit,but he will ask her to think again about negotiating with Silver Sneakers.If she is firm in her commitment of not negotiating with them,then the question is if a full service gym in the community will not provide the service,should the city try and serve most of those clients,knowing it will not capture 100% of the clients being currently served, Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR BILLY JEAN'S FINE FOODS )City Clerk Kathleen Connelly briefed the council on the item.She stated this is currently Los Vaqueros. I t is under new ownership and hence requires a new license.The packet contains comments from planning and the fire district:both have no objections.The applicant has been invited to be present in the event of questions from the council. Mayor Coleman requested the applicant address the council. Ms.Jean Thompson,2503 S.Bonarden Lane,Tempe,addressed the council.She stated she used to work there and has now taken it over.She plans on returning it to the way i t used to be. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 8 OF 26 Councilmember Severs asked if it would still have a cowboy bar theme. Ms.Jean Thompson stated it will still have a western theme,but they are changing the name and bringing back more food. Councilmember Severs asked if it would be more fine dining. Ms.Jean Thompson stated there would be more steaks,chicken and ribs like it used to be. 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 further discussion,he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR BILLY JEAN'S FINE FOODS SUBMITTED BY JEAN THOMPSON BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1244,AN -1-05,PROPOSED ANNEXATION OF 60 ACRES OF UNINCORPORATED PINAL COUNTY )Associate Planner Charles Beck briefed the council on the item.He stated this is the second time this annexation has been before the council.This is the Rancho Mirage Mobile Home Park located on the northeast corner of Baseline and Cortez.The owners submitted a request for annexation with the city on May 4,2005.The city began the annexation process on August 8 by filing a blank petition with the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 9 OF 26 county recorder's office.A pre -annexation agreement and development agreement have already been approved.The city will provide municipal services to the park.Sewer service will be provided to the park through the Superstition Mountains Community Facilities District.Signed petitions for annexation were filed with the recorder's office on November 8,2005.Staff has met all the statute requirements for annexation and is requesting approval or denial of the ordinance for annexation. Mayor Coleman requested the applicant address the council.There was no applicant present.Mayor Coleman opened the public hearing on the item.There being no one 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 Dietz MOVED THAT ORDINANCE NO.1244 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1244,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PZ-22-05,APPEAL OF LANDSCAPE AND SCREENING REQUIREMENTS BY CHRISTOPHER REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 10 OF 26 BORCHARD FOR LA CASA BLANCA MINI STORAGE AT 2100 W.BASELINE AVENUE )Senior Planner Rudy Esquivias briefed the council on the item.He stated there is an existing business on the property.The property was approved in the late 90's as a mini -storage and RV storage business.I t incorporates a very nice streetscape facade treatment:most people driving by do not realize there is a storage facility there.The towers and guardhouse are faux architectural elements,along with arches and things like that along the streetscape.I t is all wall and facade, but i t is very nice -looking.The mini -storage buildings are actually behind the front wall.There was no requirement to treat metal buildings in our landscape code of 1996 when this property was developed.The current code requires that every exterior façade of any metal building be covered up to 75% with some material other than metal,such as stucco or brick or other types of treatments.Inside this development all of the buildings are metal.The applicant would like to add a building on the east end of the development and remove the front row of RV parking.He would like to make i t a full metal building like the others already in place and not do any facade improvements. Staff met with the applicant and a compromise was reached.The new building may be seen from one of the gates by a passerby,so staff has suggested a landscape island on the south side of the building to be planted with 2 trees. 5 shrubs and a certain amount of ground cover.This will soften the effect of the metal building.They are also asking for a 10'strip that will be created be landscaped according to code to act as a further buffer to the mobile home park further to the east.The applicant is agreeable to the suggestions. Mayor Coleman requested the applicant to address the council. Mr.Robert Ellis,general manager of Mr.Borchard's enterprises,addressed the council.He stated they have talked to Rudy in detail about the landscaping that will be done and the submitted plans.They intend to make it a good-looking building. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion. Councilmember Dietz commented that when he drove by and looked through the main gate you could see the metal REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 11 OF 26 buildings,but they were landscaped and i t looks really good.He asked i f they would be using the same landscaping for the new building. Senior Planner Rudy Esquivias stated they would except that there will also be 2 trees.The other landscaping is mostly shrubs.They will beef it up more on the east end. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE APPEAL OF LANDSCAPE AND SCREENING REQUIREMENTS BY CHRISTOPHER BORCHARD FOR LA CASA BLANCA MINI STORAGE AT 2100 W.BASELINE AVENUE TO ADD A NEW METAL BUILDING IN THE FACILITY TO MATCH EXISTING METAL BUILDINGS,REQUIRING A VARIANCE FROM CITY CODE SECTION 6-1-6(C)5,WHICH REQUIRES METAL BUILDINGS TO BE COVERED UP TO 75% WITH NON-METAL FACADE TREATMENT,BE APPROVED WITH THE FOLLOWING AMENDMENTS:(1)A LANDSCAPE PLANTER SHALL BE LOCATED ON THE SOUTH SIDE OF THE NEW METAL BUILDING SIMILAR IN SIZE AND COMPLEMENTARY TO THE TWO PLANTERS ON THE TWO CENTRAL BUILDINGS:(2)A MINIMUM OF TWO 24 -INCH BOX TREES, FOUR 5 -GALLON SHRUBS AND COMPLEMENTARY GROUND COVERS SHALL BE LOCATED IN THE NEW PLANTER:AND (3)A TEN-FOOT'WIDE LANDSCAPE BUFFER,PLANTED IN ACCORDANCE WITH THE LANDSCAPE AND SCREENING REQUIREMENTS,SHALL BE LOCATED INSIDE THE EAST PROPERTY LINE TO FURTHER SCREEN THE METAL BUILDING AND ACT AS A LANDSCAPE BUFFER TO THE RESIDENTIAL USES TO THE EAST. Councilmember Dietz SECONDED THE MOTION. Mayor Coleman asked if the stipulations were included in the ordinance. Senior Planner Rudy Esquivias stated there is no ordinance.This is more of an administrative act.If council approves it.a letter is sent. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-32,A TEXT AMENDMENT OF REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 12 OF 26 THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN,CASE GPA-1-04 )Associate Planner Steve Abraham briefed the council on the item.He stated this is an amendment to Subsection C,Public Services and Facilities.It will add language to encourage the continual planning with the Superstition Mountains Community Facilities District in the formation of the waste water master plan,including meeting the existing and future waste water needs of the community with a well -planned and efficiently operated waste water removal system and coordinate planning efforts with the Superstition Mountains Community Facilities District Number #1 to ensure implementation of the 2005 Waste Water Master Plan which is being steered towards a council decision later.The language recommended by the Planning and Zoning Commission allows freedom for continuation of the waste water plant as significant changes arise in the future.They have added as a common practice or opportunity that the development services director or his or her designee report to the council on the waste water master planning process on an annual basis or when significant changes in development -related policies and programs alter the recommendations or data provided in the 2005 Waste Water Master Plan.The final draft of the Waste Water Master Plan should come before the council in 2006.He thanked the Planning and Zoning Commission for their work as this has been almost two years in the making.He also thanked the Chamber of Commerce and the Epiphany Church for allowing them to use their buildings for their meetings. Mayor Coleman opened the public hearing on the item.There being no one 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 RESOLUTION NO.05-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY - OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT CASE GPA-1-04,A CITY INITIATED TEXT AMENDMENT ADDING AN ADDITIONAL OBJECTIVE AND A COMMON PRACTICE OR OPPORTUNITY TO CHAPTER 11 GENERAL PLAN ELEMENTS,SUBSECTION C PUBLIC SERVICES/FACILITIES,GOAL #3 OF THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN,BE APPROVED. Councilmember Dietz commented i t should be Chapter II. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 13 OF 26 MOTION TO READ CHAPTER II. MOTION. VOTE:Unanimous. The motion carried. Councilmember Sippel AMENDED HIS Councilmember Waldron SECONDED THE RESOLUTION NO.05-35,GPA-2-05,GENERAL PLAN AMENDMENT ADDING NEW TEXT TO THE GENERAL PLAN )Senior Planner Rudy Esquivias briefed the council on the item.He stated i t adds a new land use designation,that of a master -planned community,to'the general plan.The next item will talk about the area where this will be applied.I t has been a long process with a lot of good public input:letters from concerned citizens have been included.They have also received comments from neighboring governmental agencies,including Pim]County and the City of Mesa,who are in support of the amendments.The amendment also sets forth some guiding language for how development will occur,and what some of the core concepts are such as neighborhood centers,community service centers and the increasing levels of density.I t also begins to set forth the development criteria for developments going in on these lands.The draft is reflective of their work with the State Land Department,citizen input,and the Planning and Zoning Commission. Mayor Coleman opened the public hearing on the item. Mr.Greg Teller,State Land Department,1616 W.Adams,Phoenix,addressed the council.He stated the language they are about to adopt is the first building block of a master- planned community effort in partnership with the city.I t is exciting for State Land and he believes i t is exciting for the city.City staff helped them craft the language that will create a great deal of framework for master- planned communities.He requested their support of the resolution. Mayor Coleman commented they are pleased State Land supports this. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 14 OF 26 Mr.Greg Teller stated they are very pleased and he will get up and talk a little more during the next item. Councilmember Dietz stated he wanted to apologize for last night.They considered the item he was waiting for right after he had left. Mr.Greg Teller stated no apology is necessary.He had commented to Michelle as they were driving back that he wondered what had happened to that item.He recalled that when he had gotten up that he had stated the Land department supported both the text and the map. It might have created confusion.There was no harm done. Mayor Coleman stated he had already apologized. Mr.Greg Teller stated he had and i t meant a great deal. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion,he called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO.05-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT CASE GPA-2-05,A CITY- INITIATED TEXT AMENDMENT TO THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-36,GPA-1-05,GENERAL PLAN AMENDMENT CHANGING THE LAND USE/ DEVELOPMENT PLAN REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6.2005 PAGE 15 OF 26 )Senior Planner Rudy Esquivias briefed the council on the item.He stated the last item just talked about is creating a chapter in the general plan which sets forth some of the criteria for master -planned communities.This graphic amendment shows the area which is by and large State Trust Land with the exception of some private parcels like the county industrial island,the landfill and the sewer district property.Basically everything else south of Baseline is State Land property. Our present general plan is not really based on any kind of development proposal.It does not recognize natural washes.It puts land use designations in places that do not make sense.This development plan is one of several options that was presented to the community over the last six months.This plan proposes to incorporate suggested roadway alignments from the Small Area Transportation Study,road alignments that are proposed to follow the contours of the land and natural features instead of arbitrarily working against them or going with the same old grid pattern,it acknowledges some of the constraints and opportunities in the area,and i t acknowledges the Arizona Department of Transportation corridor studies for possible future parkway and freeway alignments.It basically creates a new area called master -planned communities wherein development proposals would be looked at on an individual basis and compared against criteria that were approved in the last amendment case.They will be working on a more detailed master -planned community ordinance over the next 9 months.Staff believes this option that the Planning and Zoning Commission has recommended allows the most flexibility and opportunity for development to occur in this area.They hope that 1 to 3 square miles of this land will be made available for development within the next year.This is the city's future;there is no place else for it to grow. Staff,State Land and the Planning and Zoning Commission are all in favor of this alternative,which is identified as alternative number 5 in the staff report. Mayor Coleman requested the owner or spokesperson address the council. Mr.Greg Teller,State Land Department,1616 W.Adams,Phoenix,addressed the council.He stated they will be talking about a lot of issues over the next few years as this property gets underway.They will be looking at the text of the ordinance and at land use plans.He stated he wanted to talk about the partnership they will be in with the city.They are looking forward to the partnership and he believes they have gotten off to a great start.They need to make sure the partnership REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 16 OF 26 stays fluid and positive.There will be a lot of positive things coming out of this but there will also be a lot of problems.They will solve the problems together and create a community south of Baseline that will compliment what is here already.They are looking forward to it,and if there is anything State Land can do to help the city,let them know as soon as possible.They are looking forward to working with city staff who have been great so far. Councilmember Sippel commented he had mentioned if there was anything they could do to let them know.He asked if they could have an auction next month. Mr.Greg Teller stated it would not be next month,but they are looking towards June.He believes the date has slipped somewhat,and they want to do this right.He is sure the people of Apache Junction,as this is a very high profile project,want to see it done right as well.They are taking a deliberate approach to make sure i t is done right.The general plan amendment must be finished and the master -planned community ordinance needs to be finished.Once those tools are complete,they will be able to go out and start building something to compliment Apache Junction.I t is important that the character of Apache Junction,as i t is today,is not lost.He thinks there is a great possibility to retain that character in the new building over the years. Vice Mayor Eck commented he liked what he had to say as he believes we are proud of our community. Mr.Greg Teller stated the opportunities and the stakes are huge.Because i t is so large,they want to make sure they do the job right.They will be out here on a regular basis. He has been with State Land for 20 years now,and they have never had a project come along where they used 2 project managers until now.Michelle Green is working with him and she will ultimately be taking over the planning and project management for this area. 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 further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 17 OF 26 Councilmember Sippel MOVED THAT RESOLUTION NO.05-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A GENERAL PLAN AMENDMENT,CASE GPA-1- 05,A CITY -INITIATED GRAPHIC AMENDMENT TO THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN,DEVELOPMENT PLAN MAP,BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-33,AUTHORIZING SUBMISSION OF FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT APPLICATION FOR 800 MHZ RADIO UNITS )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated this is for the amount of $200,000.The application is for 800 megaHertz radio units for the Apache Junction Police Department. Mayor Coleman opened the public hearing on the item.There being no one 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 Dietz MOVED THAT RESOLUTION NO.05-33,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF APPLICATION FOR FY 2006 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT FUNDS AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS:AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN CDBG RA APPLICATION,BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 18 OF 26 The motion carried. RESOLUTION NO.05-34,AUTHORIZING SUBMISSION OF FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS APPLICATION FOR 800 MHZ RADIO UNITS )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated staff is also requesting approval of this resolution.This competitive grant application will be for $300.000.This is for 800 megahertz radio units for the police, department and/or the public works department. Mayor Coleman opened the public hearing on the item.There being no one 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 Severs MOVED THAT RESOLUTION NO.05-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF APPLICATION FOR FY 2006 STATE COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS FUNDS AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS;AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE SSP APPLICATION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO:1254,AMENDING AND CORRECTING ORDINANCE NO.1183 )Associate Planner Steve Abraham briefed the council on the item.He stated this is a scriveners error to correct Ordinance No.1183 to reflect council's desires for that case and that ordinance. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 19 OF 26 Mayor Coleman opened the public hearing on the item.There being no one 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 Waldron MOVED THAT ORDINANCE NO.1254 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember'Waldron MOVED THAT ORDINANCE NO.1254,AS READ BY THE CITY CLERK,BE.APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS PROPERTY MAINTENANCE STANDARDS )Vice Mayor Eck commented that the committee had its final meeting on November 7 and they made their recommendations that night to be brought to the council this evening.They are hoping for the support of the council.Councilmember Severs, Councilmember Waldron and himself worked very hard to come up with the ordinance.They had no idea of the kind of issues they would get into,but he thinks they listened,received a lot of public input,and tried to put that into something that would at least be a tremendous start of a good project. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 20 OF 26 They have said all along that this is something they would be looking at.I f they missed something,it can always be revised.I t is a very proactive work. There is still concern tonight about some of the language in it.The first sentence states the intent,which is to protect the public health,safety and welfare by establishing minimum standards governing the maintenance,et cetera.I t is strong language and it will be to our advantage.It will need to be held to that,and he believes i t is something this community wants and needs.They are recommending i t not be enforced until July 1,2006.They are recommending a public information and education campaign until then.They would like a user-friendly information packet created explaining the standards.They would also like an assistance program created for low-income seniors and the disabled.They are recommending civil enforcement primarily; there would have to be someone going to quite an extent to make it criminal. He believes they came up with a good product and requested Councilmembers Severs and Waldron to express their thoughts. Councilmember Severs commented the intent clause was put together by the city attorney and he does not believe i t could have been done better.The last sentence states "it shall be fairly, sensibly,consistently,and reasonably applied by enforcement officers".This tells him that everything that they have done has been for a good cause;i t will be done reasonably.Most people know he has been promoting common sense and fairness and he thinks this covers all of that.He believes everyone will be treated fairly and common sense will be applied.They have worked hard and come up with an incredible document.When they started this process,he was absolutely against it.The residents made him realize that it was needed but that it needed to be altered.They have done that,made i t better,and he cannot wait to start helping the community become better and cleaner. Councilmember Waldron commented this has been a four-year process and staff has put in a tremendous amount of time. including public hearings at the school.Central Arizona College and here.It has been quite a process.He believes they have a good document. Vice Mayor Eck commented there was tremendous staff support. Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 21 OF 26 Councllmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING PROPERTY MAINTENANCE STANDARDS:(1)THE CITY ATTORNEY PREPARE AN APPROPRIATE ORDINANCE/RESOLUTION WHICH ENCOMPASSES DECEMBER 5TH DRAFT LANGUAGE AND PROPERTY MAINTENANCE STANDARDS AS RECOMMENDED BY THE ADVISORY COMMITTEE AND SCHEDULE THIS MATTER FOR ADOPTION ON TUESDAY,JANUARY 3RD,2006,REGULAR SESSION,PUBLIC HEARING; (2)THE CITY MANAGER DEVELOP AND IMPLEMENT A FINANCIAL ASSISTANCE PROGRAM FOR INDIVIDUALS WHO ARE UNABLE TO COMPLY WITH THE NEW STANDARDS DUE TO THEIR FINANCIAL ABILITY AND/OR HEALTH STATUS;(3)THE CITY MANAGER BEGIN,UPON ADOPTION OF THE ORDINANCE/RESOLUTION,A PUBLIC EDUCATION CAMPAIGN THAT CLEARLY COMMUNICATES THE NEW CODE PROVISIONS;SUCH INFORMATION SHALL BE SET FORTH ON THE CABLE CHANNEL AND TO THE MEDIA OR OTHER MEANS AS THE CITY MANAGER DEEMS APPROPRIATE;AND (4)THAT THE ADVISORY COMMITTEE ON PROPERTY MAINTENANCE STANDARDS BE OFFICIALLY DISBANDED AS THEIR ASSIGNMENT HAS BEEN SUCCESSFULLY COMPLETED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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 COMMUNITY HEALTH ASSESSMENT )Grants Specialist Roger Hacker briefed the council on the item.He stated staff is requesting council permission to invite LINKS into the community to assist in doing a health assessment with primarily the year-round residents. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 22 OF 26 Vice Mayor Eck asked if this is an ongoing company.He thought the city had utilized LINKS before. Grants Specialist Roger Hacker stated they have talked with LINKS and had them come out to a council meeting last winter to make a presentation. Vice Mayor Eck commented they had sounded familiar and he thought they had used them before. Grants Specialist Roger Hacker stated they are almost as familiar as CDBG,i t seems. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING COMMUNITY HEALTH ASSESSMENT:THAT THEY PROCEED WITH LINKS AND DEVELOP WHATEVER WE NEED TO HAVE THEM COME INTO THE CITY TO HELP US CONDUCT A COMMUNITY HEALTH ASSESSMENT: Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz stated that the December 19th and 20th,2005.council work session and regular meeting have been cancelled by the mayor.Because city observation of New Year's holiday falls on Monday,January 2nd,2006,there will be no work session on that date.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT. 7:00 P.M.BE HELD ON TUESDAY,JANUARY 3,2006,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY. Councilmember Severs SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 23 OF 26 VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Waldron commented that he.Amy Malloy,Councilmember Sippel and Sergeant Dan Schultz attended the 2005 Cox Communications East Valley Economic Forum Futures Prospective on November 30 at the Arizona State University East Campus.Part of the ceremony was the Cox Communications Excellence in Leadership Awards.The Dwight Patterson Lifetime Achievement Award honors a longtime leader in the East Valley and is given to an individual who is well respected and has made significant lifelong contributions to their community and has exhibited characteristics of the finest leaders.This year it went to Pinal County Supervisor Sandie Smith.She has done an excellent job and is well deserving of that award. Mayor Coleman announced he would be leaving tomorrow for the National League of Cities Conference that will run from Thursday through Sunday in Charlotte, North Carolina.He is acting as the president of the Arizona League as Mayor Boles lost his recall election.There are three specific meetings for the presidents of the state leagues.He is very excited to attend and represent Arizona. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:58 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 15,2005. 3.Consideration and approval of interoperability systems:a) Intergovernmental Agreement between City of Mesa and City of Apache Junction for radio communication services:and b)Intergovernmental Agreement between the Apache Junction Fire District and the City of Apache Junction for 800 MHz P25 communication system and Geographic Information REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 24 OF 26 System (GIS)mapping.(This agreement will enable the City to implement the next phase of the 800 MHz P25 communication system access.) 4.Consideration and approval of Resolution No.05-26,Case SD -7-03,Final Subdivision Plat Request by Scott Stanley on behalf of John Bellerose of Big Investments 01 L.L.C. 5.Ratification of City Manager's appointment of Director of Public Safety. (City Code Chapter 3 ADMINISTRATION,Article 3-6 DEPARTMENT OF PUBLIC SAFETY,Section 3-6-3 Duties of Director:Appointment and Dismissal requires that the Mayor and Council ratify the City Manager's appointment of the Director of Public Safety/Police Chief.) ACCEPTED THIS 3RD DAY OF JANUARY ,2006,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF JANUARY ,2006. DOUGLAS C Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 25 OF 26 EMAN 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 6th day of December,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 16th day of December,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6,2005 PAGE 26 OF 26