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HomeMy WebLinkAbout2005-02-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 1,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 1,2005,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 Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Sippel Councilmember Waldron Staff Present: (Councilmember Milkey was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Steve Campbell City Engineer Ron Grittman Library Director Pam Loui Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 1 OF 20 Others Present:Associate Planner Steve Abraham Grants Specialist Roger Hacker CDBG Administrative Assistant Melinda Larson Police Administrator Terry McDonald Assistant Planner Noel Griemsmann Management Assistant Janine Solley ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT EVERETT DEIDIKER BE APPOINTED TO THE LIBRARY BOARD FOR A TERM EXPIRING JUNE 30,2005:THAT LORI D'AMICO BE APPOINTED TO THE LIBRARY BOARD FOR A TERM EXPIRING JUNE 30,2007;AND THAT VALERIE POWELL BE APPOINTED TO THE LIBRARY BOARD FOR A TERM BEGINNING APRIL 4,2005,AND EXPIRING JUNE 30,2006:AND THAT THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT OF APACHE TRAIL AND DOWNTOWN AREA BETWEEN THE CTIY OF APACHE JUNCTION AND APACHE JUNCTION MAIN STREET PROGRAM TO IMPLEMENT THE FACADE IMPROVEMENT PROGRAM IN THE AMOUNT OF $4,500 FOR BUSINESS PLANNING AND $2,500 FOR ADMNISTRATIVE MARKETING OF THE GUARANTEE FUND AND CONTRACT MANAGEMENT FOR A TOTAL AMOUNT NOT TO EXCEED $7,000,BE APPROVED:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYAOR TO SIGN THE AMENDMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating February 14-18,2005,as "Homes for Arizonans Week"and presented it to CDBG Administrative Assistant Melinda Larson.She commented that Habitat for Humanity has closed escrow on the 5 acre property they purchased in the city and are currently working .with staff to conduct a neighborhood presentation in the near future. Public Safety Director Steve Campbell introduced the new department employees to the council and public and gave a brief summary of their accomplishments. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 2 OF 20 The new employees are Animal Control Officer Deborah Sullivan,Police Officer Danny Campano and Police Officer Cecelia Strabala. CALL TO THE PUBLIC Ms.Barbi Ashbolt,997 E.Mohave,Apache Junction,addressed the council regarding setbacks for swimming pools.She asked for the setback code of 7' from the property line to the water's edge to be reviewed.-Mesa has a 4' water's edge rule.They are currently designing a pool for their home that may take up almost the entire backyard.She has a corner lot so she can utilize the side lot,but others in her subdivision would use almost their entire yard for a pool.They would have no room for a play area or pets. She asked that the 7'setback be reduced.She checked 24 cities in Pinal and Maricopa counties and only 3 have 7'setbacks,and they are Apache Junction, Florence and Carefree.The majority of the others are 3'and 5'setbacks. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding his public records request for photographs,a request for the city attorney to call the City of Mesa on his behalf,a supreme court order stating he is off the primary election ballot,the timeliness of the courts,and the rezoning referendum. Ms.Pat Holland,3355 S.Cortez,Apache Junction,addressed the council regarding the AARP TaxAide program.She is the district coordinator:they will have 3 sites open from now until mid -April to prepare taxes and efile them for people of all ages.She stated the earned income tax credit is being promoted this year as almost anyone with earned income can qualify for the credit.She commented the library has given them space to use for many years,along with computer use. Ms.Tess Nesser,1511 S.Cactus Road,Apache Junction,addressed the council regarding the Renaissance Festival.She stated she was on the front page of the newspaper with an article on it.It will open Saturday and she had discount coupons for opening weekend and Presidents Day. Mr.Dan Wald,560 N.Rennick,Apache Junction.addressed the council regarding the elections in Iraq,with citizens who risked their lives to vote.They risked their lives for freedom.He commented he heard the marines his wife has been in contact with will be returning within six weeks. They will hold a reception for them at the college.He believes the people REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 3 OF 20 of Iraq gave everyone a lesson in civics,responsibility and courage.He encouraged everyone to vote in the next city election. Councilmember Sippel requested staff look at the pool setbacks,work with Barbi on the issue,and bring it back as a work session item. Mayor Coleman asked the city attorney if there was anything the city could do to speed up the supreme court process. City Attorney Joel Stern stated the city was not the victor in the case,a private citizen was.The private citizen won so there is no appeal issue. The supreme court can take their time on writing the memorandum opinion. They issued an order setting forth that Mr.Fisher shall not appear on the ballot,directed to the city clerk.Unless someone else takes some legal action,he does not want to tell the chief justice to hurry up on their memorandum. Vice Mayor Eck asked what could be done about information that has been passed on to another organization for investigation.He asked i f they have control over that information,such as the pictures that went to Mesa. City Attorney Joel Stern stated there was a separate investigation that went to Mesa and i t is out of our hands.Mr.Fisher may contact the City of Mesa, but he cannot act as Mr.Fisher's attorney to do that. CITY MANAGER'S REPORT None, PUBLIC HEARINGS ORDINANCE NO.1225,AMENDING THE CITY OF APACHE JUNCTION PERSONNEL RULES,RULE 8. ATTENDANCE AND LEAVES AND RULE 9. OVERTIME (WITH THE EMERGENCY CLAUSE) )City Manager George Hoffman briefed the council on the item.He stated this will allow the city manager to cash out hours over 320 and increase the accrual of compensatory time to 160 hours. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 4 OF 20 Councilmember Sippel asked if that is for all employees or just for certain employees. City Manager George Hoffman stated i t applies across the organization.His intent is to attempt to be frugal with the accrual of the hours.I t should be limited to those areas where we have staffing issues that cause the need to arise. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, stated he did not think the emergency clause needed to be applied. Ms.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She stated she thought this was a good step in giving the authority to the city manager to act in a manner that will benefit employees of various departments under circumstances where one cannot always wait to come before the council for special approval. She encouraged them to act on the recommendations,which were recommended from the city manager's office and an employee task force. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Eck commented there are appropriate times to use the emergency clause:this is an appropriate time. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1225 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 5 OF 20 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Insalaco MOVED THAT ORDINANCE NO.1225.AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1224,PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST,CASE PZ-19-04, BY BRENT PAUSTIAN ON BEHALF OF WAYNE ASH OF CACTUS PROPERTIES TO AMEND ORDINANCE NO.94,CONSTRUCTION OF A SIX FOOT HIGH VIEW FENCE IN THE FRONT YARD SETBACK APPLICABLE TO LOT 401 PALM SPRINGS UNIT I I ONLY )Associate Planner Steve Abraham briefed the council on the item.He stated this is a 17,840 sq.ft.CR-3/PD zoned lot.The current planned development has an elaborate palette of requirements,including a restriction on height of walls and hedges within the front yard setbacks to 3'in height.The applicant would like to build a view fence of 3'of solid block with an additional 3'of wrought iron fencing on top.The site has a more restrictive setback than typical CR-3 zoning; the site is also in close proximity to a straight CR-3 zoning district.The applicant claims he was given incorrect code and setback information by city staff.The intent of the original rezoning in 1982 appears to be to incorporate elements of the then CC&Rs for the now defunct homeowners association.Some property owners did not want to be involved with the rezoning so some units in the subdivision are not under the same set of codes.He gave a brief history of the site.The applicant cannot substantiate his claims of incorrect information given by city staff.The code in place is clear and concise as to walls,fences and hedge heights for Unit II.The question is not if the code is erroneous,i t is a question of whether this one lot deserves relief.Staff ultimately recommended denial of REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 6 OF 20 the case:the Planning and Zoning Commission denied a motion for approval by a vote of 1-6,with Commissioner Severs affirming.Staff has put together a series of conditions if council's analysis finds to approve it,which include the wall must be constructed of 3'of block and 3'of wrought iron view fence,a 6'solid block wall is prohibited,the view fence cannot be replaced in any manner if the wall is removed or destroyed except in compliance with applicable building setbacks,some aesthetic treatments be given to the wall, and all pertinent standards of Ordinance No.94 would still be in effect. Mayor Coleman requested the applicant address the council. Mr.Wayne Ash,1957 S.Cactus Road, Apache Junction,addressed the council.He stated he went down to the city to ask about the requirements when this fence was put in.He was given the 20'distance.He would not have known where to set the fence otherwise.The same number was given to Brent.When the building inspector,Fred Klinger, came out,he asked him about the setback and the easement in the back of the yard,and advised him that he had called Salt River Project who had told him it was 8'from the fence.Mr.Klinger suggested he come down to the city and double check.He did so 3 days before he built the fence.He was again told 20'with the 8'setback in the back of the house.It would cost him a lot of money to change this.He does not feel that he or the contractor are at fault.He asked that they approve the request. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail Avenue,Apache Junction,addressed the council.He commented the city should end the selective enforcement in code and zoning to alleviate these problems. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She stated she lives around the corner and she went to look at i t in the daytime.The home is placed on the property in such a way that it does not appear to be the front.She thinks ornamental iron as part of the fence would be pleasant -looking.She sees no problem and urged they give a variance on this individual case. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 7 OF 20 Mayor Coleman closed the public hearing on the item with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Eck commented he is not blaming any staff member as they are not sure what happened,but he does not believe the applicant intentionally tried to build the wall on the wrong setback.He thinks there may have been a lack of communication and the wall looks good.He cannot see making him relocate the wall with what construction has already been done. Councilmember Insalaco stated he also went by the property and he agrees with Mrs.Surra.A variance is a one on one situation and this one should be allowed. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT ORDINANCE NO.1224 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. VOTE:Unanimous. The motion carried. the ordinance by title only. Vice Mayor Eck SECONDED THE MOTION. City Clerk Kathleen Connelly read Councilmember Dietz asked if the three stipulations were included in the ordinance or if they needed to be included in the motion. Associate Planner Steve Abraham stated they are already in the ordinance. Councilmember Sippel MOVED THAT ORDINANCE NO.1224,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 8 OF 20 Councilmember Dietz SECONDED THE MOTION. VOTE:5-1 (Councilmember Waldron voted in opposition.) The motion carried. ORDINANCE NO.1226,ANNEXATION CASE AN -1- 04,PROPOSED ANNEXATION OF ±140 ACRES OF PRIVATE AND PUBLICLY OWNED LAND IN THE NORTH HALF OF SECTION 34,BETWEEN TOMAHAWK AND STARR ROADS NORTH OF U.S.60) )Associate Planner Steve Abraham briefed the council on the item.He stated the general plan of the subject area is commercial with high density residential.Six parcels are in the annexation area.Parcels 1 and 2 were formerly known as the Four Peaks Mobile Home Park,parcel 3 is a 17 acre vacant lot,parcel 4 is the Burger King,parcel 5 is Arizona Department of Transportation right-of-way,and parcel 6 is Pinal County right-of-way.SCAJ LLC currently owns Four Peaks, Keith Pilger and others own the vacant land,Cowley Holdings owns the Burger King,and the State of Arizona and Pinal County land have no value because they are not taxed.SCAJ LLC and Cowley Holdings signatures have been received and recorded.Staff did receive signatures from Keith Pilger and Hal Cochrane but the county would not accept the petition as Mr.Pilger was in California and it was not a live signature.The Cochranes did sign in good faith but the recorder would not accept it.Approximately 91% of the valuation of the subject area is represented.There is a development agreement under review with the Cochranes that will be forwarded to the council in approximately two weeks.Upon approval of annexation,Four Peaks will be zoned TH.Burger King will be CB -2,and the vacant parcel will go to TH.Everything is in compliance with the Arizona Revised Statutes: everything is on file in development services and is available for review. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if the 51% was for the landowners or the significant percentage of the people asking for annexation. He asked what the city had done to advertise the annexation in the general area.He recalled the city dropped the original annexation across the street REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 9 OF 20 or the rest of the county area.He does not think it matters,but he feels the public should be aware of what may possibly happen here. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1226 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1226,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1223,CASE PZ-18-04, REZONING REQUEST BY DAN KAUFFMAN FOR THE FOUR PEAKS SUBDIVISION,AN EXISTING 351 UNIT MANUFACTURED HOME COMMUNITY ON AN APPROXIMATELY 60 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF SOUTHERN AND CORTEZ,FROM TH TO CR-3/PD FOR THE PURPOSE OF REDEVELOPING THE PARK AS A CONVENTIONALLY CONSTRUCTED SINGLE FAMILY HOME SUBDIVISION REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 10 OF 20 )Assistant Planner Noel Griemsmann briefed the council on the item.He described the area surrounding the subject site.He gave a brief history on the site.The property went into bankruptcy and all of the homes have been removed except for one for a watchman.The parcel is very under utilized.There is infrastructure in place so restarting from zero is difficult.The applicant will need to reutilize the existing infrastructure,recreational facilities and utilities in order to make this an economically feasible project.The initial proposal is 351 lots.Private streets would have to be done since they are not done to standards,and they will have to be maintained by the homeowners association.The small lots require some creative thinking regarding setbacks and space issues.The lots are small,having originally been designed for a mobile home park.The applicant is proposing a zero lot line along the garage area of the homes in order to create more space between the units.The access to the wall would be maintained through an easement on the adjoining parcel.It would also be for a utility easement and drainage easement.The lots vary in size:they range from approximately 100 of them with 50'width to between 75'and 90'up to 54'and the largest lots are 60' by 90'.Typically a CR-3 calls for a 7,000 sq.ft.lot:these are all relatively small lots.By moving the garage to a zero lot line position, they go to a 5'setback on one side of the home and a 10'setback on the other side of the home.Other subdivisions in the city with larger lots are requesting 5'and 5'setbacks.This subdivision will have 15'between livable homes:at no point will there be less than 10'between homes.No two homes with the same elevation will be next to each other in order to create a custom feel.There are a lot of porch and front yard detail elements on these homes to give the owners more outdoor space options.There is a wide variety of single story and two story models with alternative ideas for front porch and second story balconies.They will subdue the front garage as much as possible.This site was originally developed as a family park and i t has a lot of amenities which have already been constructed and are in place today,including a basketball court,volleyball court,pool,spa,tot lots,a ramada and a nice clubhouse.There is a lot of private,usable open space in the development.It exceeds the play station points for this project.The planning and zoning commission voted 4-2 for approval with stipulations which are in the staff report.It also calls for including the multi -use trail system that is included in that area. Mayor Coleman asked how big the homes are. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 11 OF 20 Assistant Planner Noel Griemsmann stated they vary in size but the concepts submitted to him do not have square footage.The applicant will have to answer that question. Councilmember Insalaco asked if a lot of the lots would be at least 5,000 sq.ft. Assistant Planner Noel Griemsmann stated they would not.They will be 50'by 90':the smallest will be 50'by 60'.There is a variety throughout with about a third of each size.They range in frontage with 50',54'and 60'. Councilmember Insalaco asked if a lot of them will be the size seen in Renaissance Point,which are approximately 4,500 sq.ft.lots. Assistant Planner Noel Griemsmann stated that is correct. Councilmember Insalaco commented that this is at least taking care of a problem. Assistant Planner Noel Griemsmann stated that was part of the assessment on this project.They would typically be looking at 7,000 sq.ft.lots,but due to nature of the infrastructure, that is not feasible. Mayor Coleman requested the applicant address the council. Mr.Cliff Axt,10322 E.Breathless, Gold Canyon,addressed the council on behalf of applicant Dan Kaufmann who was unable to attend this evening.He stated Mr.Kaufmann has talked about homes from the high 1,300 sq.ft.to 1,850 sq.ft.The designs are what had been provided to staff.He does not have the dimensions handy.He is trying to get as high as 1,900 sq.ft.on some of the larger lots.He is trying to do something with a site that has been sitting for 4 years.They will have to move the water and sewer from the back of the lots to the streets to accomplish this subdivision,which will cost approximately $1.9 million. Staff has been working with Mr.Kaufmann and he believes they are happy with the recommendations they have made that Mr.Kaufmann has accepted.Mr. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 12 OF 20 Kaufmann does what he says he will do:they had an 87 -lot subdivision off of Power Road that also went bankrupt.Mr.Kaufmann took i t over and in 8 months sold all 87 homes.Mr.Kaufmann is credible and has good banking relations and should be a credit to the city.He added he will look forward to working with them as the new president of the Chamber of Commerce. Mayor Coleman opened the public hearing on the item. Mr.Jason Cinelli,2571 S.Acacia, Apache Junction,addressed the council.He is a county neighbor.He has been driving by the lot for 4 years.Pinal County was unable to get something done with it,and he likes what this group is trying to do.He is opposed to annexation where he lives,but he is glad the city will be doing something with this. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented he thought the request for the subdivision should have come before the request for annexation.He stated that traditionally that whole area has been multi -family,and he has advocated for multi -family many times in the past.He feels i t is lacking. He respects that the applicant is trying to create something nice for the city,but he thinks he would be more respected in the community if he did something that was more affordable than single family homes.He would prefer townhomes:there are great projects in Mesa.They could get as many families in a much more affordable structure with more open space.He commented Habitat for Humanity applies here;they are always putting up single family homes.They take a lot of volunteer labor to put up single family homes when they could use the same labor and have a townhome or a two-story structure and take care of 2 families.He questioned why they should jam in single family homes in an area that is not really a single family home area.It reminds him of the single family homes that went in adjacent to the landfill. He thinks it would be more saleable to do something with multi -family town homes. Mr.Dan Wald,560 N.Rennick Drive, Apache Junction,addressed the council.He stated he is originally from Minnesota where they lived in an area like this.He thinks this is a good resolution to what would otherwise be left vacant.His family did not have a very large yard there,but they were happy to have what they had.He thinks the city would be well advised to approve this request.It will address the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 13 OF 20 needs of the young families that need to get affordable homes and have the feeling of having their own property. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She stated this has been sitting unused for quite some time and she thinks this plan is a good neighbor project for the adjoining properties,which are larger parcels.It maintains a great deal of the amenities within the subdivision.She feels this is a way for the city to recoup what could have been a disastrous area. They also had to annex into the city first before the city would have the right to change the zoning. Mayor Coleman closed the public hearing and reopened the item to council discussion. Councilmember Waldron commented that he received a call from Marge,the owner of the Raindance Mobile Home Park,and they wholeheartedly support this rezoning. Vice Mayor Eck agreed.He thinks i t is a subdivision of compromise.I f it was a vacant lot without utilities or ever been a planned development,they would look more at hard zoning or a planned development with larger scale homes and lots.He thinks i t is a good compromise considering what they have and what they did. Mayor Coleman commented he remembered when the previous owner was going to put in a mobile home park and the council had asked them not to because they did not feel the market was good for that.It was at a time when the mobile home parks were being bought and the rents were being raised on the lots.People did not want to own a home that they did not own the land on.It was a tough sell.He thinks this is a good application of the infrastructure that is already in place.He thinks it will be a good subdivision and project.He added if the city could rezone sites without them being in the city limits,they could rezone Mesa. I t is required that a site be inside the city limits before the city can rezone a property.He then closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1223 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 14 OF 20 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1223,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-27,EXPANSION OF SEWER DISTRICT BOUNDARIES INTO NEWLY ANNEXED AREA OF CITY )Associate Planner Steve Abraham briefed the council on the item.He stated this is a companion to the annexation and rezoning.The expansion is the exact size of the annexation recently adopted.There are 4 parcels eligible to be serviced by the sewer district. City Attorney Joel Stern commented this was talked about at the work session last night.To expand the sewer district boundaries,the city is required to pass a resolution which identifies the boundaries. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented that at least before they bring sewer improvements to the city they are getting the approval of the city council.That is a big step from not too long ago.He asked what REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 15 OF 20 it would cost.He stated he is inclined to refer all 3 of these issues simply because,when looking at the area around it,it does not make sense. I t is gentrification of the area.He does not see the real value for cramped single family homes. Mayor Coleman asked i f it matters what the owner wants to do with his property. Mr.Elliott Fisher stated i t is in the community. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.04-27,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SERVICE TO CERTAIN PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION OWNED BY COCHRANE INSURANCE TRUST,K -GROUP DEVELOPMENT AND COWLEY HOLDINGS, INC.,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None.. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 16 OF 20 COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE • SPECIAL PROJECTS ALTERNATE APPLICATIONS ) )Grants Specialist Roger Hacker briefed the council on the item.Staff is looking for the council to reaffirm their direction given in November for preparation of both applications for Fiscal Year 2005 for the 800 megaHertz communications system.The city did not receive the Department of Public Safety Homeland Security Grant.They will need direction this evening as they have to publish a series of display advertisements. Vice Mayor Eck commented i t is unfortunate that the city did not get the other grant.In lieu of that,he is sure they know what the priority is. Grants Specialist Roger Hacker asked if he could make a comment on the earned income tax program. City Attorney Joel Stern stated i t is not on the agenda. Grants Specialist Roger Hacker stated he would put i t in the weekly report. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT (CDBG RA)AND STATE SPECIAL PROJECTS (CDBG SSP)ALTERNATE APPLICATIONS:THAT BOTH GRANTS BE USED TO PURCHASE THE 800 MEGAHERTZ. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 17 OF 20 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,FEBRUARY 14,2005,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 15,2005, IN THE CITY CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck commented he went to a Central Arizona Association of Governments meeting with Councilmember Waldron last week.The state will now be doing the population figures annually rather than every 10 years.This will be for most Community Development Block Grants.They also talked about tax -shared revenues.However,he wants to talk to their staff first to make sure he heard it correctly. Councilmember Waldron commented that Central Arizona Association of Governments voted not to accept the population figures. Vice Mayor Eck added they had placed the Apache Junction population lower in 2004 than in 2003;so was Eloy's population. Mayor Coleman commented he and Councilmember Sippel went to the Arizona League of Cities and Towns Legislative Day.They met and talked with several of our legislators.There was a good turnout from the councils around the state. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:12 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 18 OF 20 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 18,2005. 3.Consideration of appointment of candidates to fill vacancies on the Library Board:one expiring on June 30,2005;one expiring on June 30, 2007:and one vacancy beginning on April 4,2005 and expiring June 30, 2006. 4.Consideration of First Amendment to the Professional Services Agreement for Economic Development of Apache Trail and Downtown Area between City of Apache Junction and Apache Junction Main Street Program to implement the facade improvement program with $4,500 for business planning and $2,500 for administrative marketing of the guarantee fund and contract management for a total cost not to exceed $7,000. ACCEPTED THIS 15TH DAY OF FEBRUARY 2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF FEBRUARY ,2005. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1,2005 PAGE 19 OF 20 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 1st day of February,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of February,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1.2005 PAGE 20 OF 20