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HomeMy WebLinkAbout2005-03-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 15,2005 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on March 15,2005,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 7:00 p.m. INVOCATION Councilmember Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Waldron Staff Present: (Mayor Coleman and Councilmember Sippel were absent as they were attending a National League of Cities Conference.) 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 Others Present:Associate Planner Steve Abraham Permit Technician I I Mikki Frazier Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 1 OF 20 Human Resources Director Liz Riley Police Dispatcher Candi Nilles ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE SCRIVENER'S ERROR CORRECTION OF STIPULATION NUMBERS 9 AND 10 UNDER ORDINANCE NO.1228,CASE PZ-20-04,WHICH WAS APPROVED BY CITY COUNCIL ON FEBRURARY 15,2005,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN REVISED ORDINANCE NO.1228;AND THAT THE REQUEST FOR EXTENDED LEAVE FOR PLANNING AND ZONING COMMISSIONER ROSALIE GIFFORD FOR JUNE AND JULY,2005,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATTSM None. CALL TO THE PUBLIC Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction, addressed the council to congratulate the mayor,vice mayor and Councilmember Dietz on being re-elected,and Mr.Severs on being elected.He commented he hoped they had had time to look over the photos and materials he gave them at the last meeting.He and his neighbors would like to know i f the city can help them. One neighbor had pigeons on the hood of his truck and the paint is now gone.They also know of two other homes in the general neighborhood that feed the pigeons.They do not care i f they are making the city the pigeon toilet of Arizona,but their pools and yards do not flush.They would like to take pride where they reside again. Mrs.Rayna Palmer,Apache Junction Chamber of Commerce,567 W. Apache Trail,Apache Junction,congratulated the election victors.She gave a brief update on Chamber of Commerce and Main Street activities.She distributed shop local packets to the council and audience and commented they contain information on the community,coupons and giveaways from the business community. The bags are distributed to banks,real estate agents,and they REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 2 OF 20 will have a campaign to distribute them door to door in some of the heavy residential areas.These are free.They are trying to do 650 per quarter.She also does several shop local program presentations per year in the mobile home/RV parks.She stated the visitor center was very productive in 2004.There are 62 visitor center locations in the state;the city visitor center tallied 30,000 visitors,placing i t number 11 in the state.She believes that is an actual count.They had 10,000 documented phones calls offering assistance by their staff,and 36,600 web sites hits to the home page,and they have been told that the number of clicks the site gets is about 5 per home page,meaning the almost 40,000 should be multiplied by five.They sent out 700 mail responses,plus another 500 email responses.She hopes they feel their contracts with them have been productive. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding an action filed in superior court against Ordinance No.1222,the proposed maintenance standards,and the new city hall being over budget. Mr.Gary Sterkin,1502 S.Warner,Apache Junction,addressed the council regarding a new flashlight he i s developing.He would like some clarification on the city code as he does not believe his flashlight is in that category.He would like an opinion from the city.The light he is designing is brighter than what is in the statutes,and there are flashlights sold over the counter that exceed the limit of the statute,which was written in 1980.He wants to make sure he stays within the law before he gets a permit for its development.I t is a hand light used for law enforcement and other high intensity uses. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council to congratulate the election winners.He also encouraged the council to put together a strategic and tactical economic business growth plan for existing,new and expanding businesses, and how they can retain and capture them.They will probably be well received when they are brought to the new city hall.He would like to see i t spearheaded by business people in the community,citizens,and councilmembers.He commented the 1st Marine Expeditionary Force i s scheduled to be here in April.He thanked Vice Mayor Eck and Councilmember Waldron for spearheading that.Most activities will be at the college.This unit is the last unit to sustain heavy combat since Viet Nam.He announced that his son,Captain Wald,is returning from Iraq and will be in Camp Pendleton tomorrow night. Mr.Steve White,105 N.Delaware,Apache Junction,addressed the council to again praise the city for being at the forefront for artists to regain their first amendment rights to public access REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 3 OF 20 on public property.He thanked the Chamber for the letter that they put out in January encouraging local business owners to invite local artists to set up in front of their businesses.He commented on his federal cases in Nevada.He thanked the city attorney and the city for being the first in the state to open up the opportunity for the artists.Over the weekend,he and another artist opened up Scottsdale to the arts.After 7 years, they were finally allowed to set up in McCormick Railroad Park, display their artwork,paint,and sell their artwork without a business license,permit,tax license or having to call them and tell them they would be there.Artistic expression is a protected right to free speech under the first amendment.He Delieves they were the only artists of any kind performing in a public park in the state last weekend.They have been labeled peddlers,commercial merchants,transient merchants,and vendors in the past which makes them subject to all the municipal codes, and which violates their first amendment rights.He would like to see this tied into the economic development of the city.I t could increase tourism and i t is free;they only have to encourage artists to come down here.The local business owners could invite the artists they want in front of their businesses. He commented he is one citizen that has stood up against city halls across the country,and he is winning. Ms.Melba Kuntzelman,1920 S.Plaza #33,Apache Junction, addressed the council to congratulate the newly elected councilmembers and mayor.She asked for a clarification of the patio enclosures in Superstition Heights.She had not gotten involved earlier because she thought i f i t was against code,i t was against code.Now she questions why there is an 8'setback as all of their backyards are enclosed.Fire equipment cannot get back there.She also wanted clarification on the scrivener's error.She commented the president had said only 3 people wanted this,and those were the ones who had already enclosed their patios.She stated that was not true.There are more who will do so i f i t is legal.I f i t is against the code,then that i s fine. Mrs.Anne Marie Surra,1150 E.Estevan,Apache Junction, addressed the council to request that the city respond either in the press,a bulletin or in the Cityscape on the controversy about the city hall.She attended meetings in the past,both while on and off the city council,where the enlargement of the city hall was discussed because of additional monies that were made available either through development fees,grants or whatever.I t was enlarged so that staff could have a better place to work and the public would have a place to sit and come to meetings and participate in the public process without being jammed in like sardines.However,there is still one citizen complaining about the cost being an override.She stated i t i s REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 4 OF 20 not over the budget cost as the budget has been increased over the past 2 years periodically because of the additional funds. She requested they make that plain to the public who listen to this misinformed rabblerouser.She would also like staff and the council to address how much money this man has cost the city in fees for court costs,staff time,energy and just plain frustration to the community for going to court every time he does not like something,even though the majority have spoken. He is rarely upheld in court,and he is giving the community a black eye,which the community is paying for.The city is also paying for i t in lack of credibility because they do not answer him.Every village has an idiot;we have one and she suggested the community fight him. Councilmember Waldron directed staff to contact Mr.Sterkin regarding the flashlight ordinance,to get with Ms.Kuntzelman regarding her application on the setbacks,and to develop a response requested by Mrs.Surra. Councilmemeber Milkey commented he had asked for staff to contact Mr.Pisinski at the last meeting.He requested a status update. City Manager George Hoffman stated they are working on it. Councilmember Milkey commented Mr.Fisher alludes to the silent majority and he wanted to wonder out loud i f i t must be the same silent majority that makes up the membership of the Greater Apache Junction Association for Effective Government and the same silent majority that turned out in overwhelming numbers on election day that wrote in for Mr.Fisher's candidacy. Councilmember Insalaco directed staff to draft something so that the public can know the real meaning of where the city hall money is going,why i t is going,how i t i s going,and where we got i t from.He would like to see something in the newspapers or the Cityscape. Councilmember Dietz stated the Cityscape would be perfect as i t goes out to every resident in the city. Vice Mayor Eck agreed that something needed to be done in layman's terms as much as possible where any resident could read i t and understand it. CITY MANAGER'S REPORT City Manager George Hoffman commented the community values private property rights,a clean community,and as a community they are looking for a balance point between the two.Dialogue will continue about this tomorrow night at the Apache Junction REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 5 OF 20 High School Center for Performing Arts at 6:30 p.m.He introduced the city's new Human Resources Director,Liz Riley, who came to the city from Monroe County in Rochester,New York, serving as their human resources director for 9 years.They have approximately 5,000 employees.He added a little bit of history is occurring as this is the last night the council will meet in this room for this purpose. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SCUTTLEBUTTS )City Clerk Kathleen Connelly briefed the council on the item.She stated they are located on Apache Trail on the west side of Valley.They would like to have an outside patio for their smoking customers.There have been no objections from staff and the applicant has been asked to be here this evening in the event of questions from the council. applicant address the council.Vice Mayor Eck requested the Mr.Richard Squadere addressed the council.He stated he and his wife are asking that they be allowed to enclose the 5'parcel of land in front of the main door with a wrought iron type of gating;they will also have security cameras.They have not had any problems since they opened 6 months ago.He requested approval of the extension. The area will only seat 10 customers. Vice Mayor Eck commented helikedhisideaoftryingtogetthesmokingcustomersoutside. He then 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 Insalaco MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SCUTTLEBUTTS BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 6 OF 20 APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION CHAMBER OF COMMERCE FOR A FUNDRAISING EVENT ON APRIL 9.2005 )City Clerk Kathleen Connelly briefed the council on the item.She stated this will be at Dolce Vita,3301 S.Goldfield.There have been no objections from staff and chamber representatives are here this evening in the event of questions from the council. applicant address the council.Vice Mayor Eck requested the Mrs.Rayna Palmer,Apache Junction Chamber of Commerce,invited the council and audience to the casino night on April 9. Vice Mayor Eck 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 THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION CHAMBER OF COMMERCE FOR A FUNDRAISING EVENT ON APRIL 9, 2005,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR INTERIM PERMIT, NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE FOR MAIN MARKET ) )City Clerk Kathleen Connelly briefed the council on the item.She stated they are located on Apache Trail and Ocotillo.There are no objections from staff or the fire district and the applicant was advised of tonight's hearing in the event of questions from the council. applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 7 OF 20 Vice Mayor Eck requested the Mr.Sohan Lai Mehta,2130 W. Apache Trail,addressed the council.He requested approval of the new license for the store;he took i t over two months ago. Vice Mayor Eck 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 THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE, CORPORATION,SERIES 10 LIQUOR LICENSE FOR MAIN MARKET,SUBMITTED BY SOHAN MEHTA,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.1229,PZ-22-04, REZONING REQUEST BY MELVIN MULHOLLAND AND CUYLER THOMPSON TO REZONE TWO LOTS FROM GR TO CR-3/ MH/PD LOCATED AT 516 AND 548 N. PINYON DRIVE )Associate Planner Steve Abraham briefed the council on the item.He stated the requested zoning is for single family residential allowing manufactured housing through planned development.The lots are located inside the Pueblo del Sol Subdivision south of Superstition on Pinyon. The current zoning calls for 1.25 acre lots;their lots at 11,000 sq.ft.are well below the requirement.Mr.Mulholland bought 15' of property from Mr.Thompson in order to accommodate a proposed garage,lowering the size of Mr.Thompson's lot further below the requirement of the zoning district.In December 2004 staff came before the council with options for this case.Mr.Mulholland has now come forward with the rezoning request.The general plan designates the area medium density residential.He described the zoning for the surrounding area.Mr.Mulholland's lot was recently approved for a manufactured home which has been installed to the GR reduced setbacks and appears to be in compliance with the GR regulations,nonconforming lot issues aside.I f approved,the manufactured home and proposed garage would meet the requirements of the CR-3/MH base zoning district. The required setbacks are 20'front and rear with one side yard and 5'and a total of 14'for both side yards.Mr.Thompson'slotalsohasaninstalledmanufacturedhome.The site plan REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 8 OF 20 submitted with the application appears to meet the applicable setbacks;aerial photography shows that a portion of the manufactured home appears to encroach within the required setbacks.I t has lawful nonconforming status because i t was built prior to 1985.All future construction on the lot would have to meet CR-3/MH code requirements i f approved.This request would only affect Mr.Mulholland's and Mr.Thompson's lots. Staff i s recommending a stipulation that any future lot line adjustments or combination of parcels performed by Mr.Thompson or Mr.Mulholland will require a major planned development amendment.He listed the stipulations in the ordinance.The planning and zoning commission recommended approval by a vote of 6-0. Vice Mayor Eck asked i f the subdivision is considered to be nonconforming. Associate Planner Steve Abraham stated that i s correct. Vice Mayor Eck requested the applicant address the council. Mr.Melvin Mulholland,516 N. Pinyon Drive,Apache Junction,addressed the council.He stated they have been working on this extensively and he believes i t is resolved to everyone's satisfaction.He requested their approval. 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. Councilmember Waldron commented he was glad to see i t coming to a vote. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1229 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 9 OF 20 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1229,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1230,PZ-1-05,MAJOR PLANNED DEVELOPMENT AMENDMENT REQUEST BY JOHN SURIN OF K&I ARCHITECTS ON BEHALF OF LEXON DEVELOPER SERVICES LLC TO APPROVE CONCEPTUAL ELEVATIONS AND A SITE PLAN FOR AN 8,000 SO.FT.RETAIL BUILDING AND A 4,000 SQ.FT. RESTAURANT PAD ON A 2.1 ACRE, C-3/PD ZONED DEVELOPMENT SITE LOCATED ±400 FEET SOUTH OF THE INTERSECTION OF S.DELAWARE AND W.APACHE TRAIL ON THE EAST SIDE ) )Associate Planner Steve Abraham briefed the council on the item.He stated the general plan designation for the site is commercial.Council approved Ordinance No.1184 effective September 2003 which rezoned the site from CR-5 to C-3/PD.A use palette was placed on the site at that time and all future developments on the site would have to come through a major planned development amendment.He described the surrounding zoning.The retail building will have a suite structure with six suites is phase 1.The applicant does not have a tenant for the restaurant pad but all infrastructure and street improvements will be constructed with the retail building.The site plan has a pedestrian element that i s recommended by the design guidelines to facilitate pedestrian access into the site.The planning and zoning commission would like the pedestrian amenity to be between the two buildings through the site,although the ramp i s not shown on this plan. The applicant plan does show the amenity going back to the rear of the property.An outdoor dining area for the eventual restaurant is to be provided.The applicant used the older format for parking,which establishes 55 parking spaces for the restaurant and for the retail suites.The entire site has 97 spaces provided.The proposed structures meet setback and height restrictions.The applicants are proposing that when the REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 10 OF 20 restaurant is constructed,the area in the middle will be reserved for outdoor dining and will be covered with a trellis. There is a stipulation that states that the zoning administrator and building official shall have discretion in determining the size,shape and location of the trellis,and the architectural features therein.The zoning administrator may allow additional suites committed to restaurant use and/or a larger restaurant building without requiring a planned development amendment i f parking permits.He will use Article 20 of the zoning ordinance as an indicator.Plant materials are in compliance with Ordinance 940.The site has pre-existing aboveground utilities and because of the width of the subject site the lot does not qualify for a waiver of the undergrounding requirement.However, because of the pre-existing conditions to the north and south, either the properties are exempt or they were developed before the regulations went into effect,staff is recommending that the developer install conduit to Salt River Project specifications so when a larger undergrounding project is more feasible,the conduit will already be there.The elevations and design components reflect the recommendation of the commercial design guidelines.He listed the stipulations in the ordinance.The applicant did express the desire to eventually split the property;all structures must meet the setbacks and no additional variances must be required when the restaurant goes in.The anterior crosswalk shall be delineated with stamped concrete, brick,cobblestone and other similar materials approved by the zoning administrator.The planning and zoning commission recommended approval of this request unanimously,with the stipulation that,at a later date,the applicant may turn the restaurant pad into additional retail space i f the conditions permit.Staff did receive some letters and phone calls from neighbors on the project;they basically wanted to make sure that the restaurant would be located as far as possible from the Indian Summer residents.The developers have made the restaurant as far north as possible.The applicant has also offered to make sure that any restaurant in the suites,such as a Subway,will be on the north side. Vice Mayor Eck asked i f the underground conduit is consistent with what was started on the last project. Associate Planner Steve Abraham stated i t i s a little bit different.Basically,Long John Silver's wanted to pay the cost of undergrounding,conduit and all. Vice Mayor Eck commented they wanted to put the money into a fund.He asked i f they gave the REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 11 OF 20 developer the option of putting in the conduit or paying for the cost of the underground,conduit and all. Associate Planner Steve Abraham stated he did not believe they gave them the option of paying the entire cost. Vice Mayor Eck commented he thought that would be something they should consider as far as consistency so that they have a plan.I f putting in the conduit works,then that i s fine.He asked i f Delaware will stay a single lane street. Associate Planner Steve Abraham stated he believes they are planning to widen the street eventually on the western side of the road.The plans are in formulation right now in public works. Vice Mayor Eck asked i f he meant the eastern side. Associate Planner Steve Abraham stated the vice mayor was correct. Vice Mayor Eck stated this would not affect that at all. Associate Planner Steve Abraham stated i t would not. Vice Mayor Eck asked i f splitting the site would affect the common parking at all. Associate Planner Steve Abraham stated they will want to make sure that a recorded private access easement is done and that the facilities can be used by both properties.They should also make sure that a property line does not split a parking space. Vice Mayor Eck commented he knows that i t has happened that one might take off more than the other.They might need to use the other spaces.I t is a concern that i t stay common parking. Associate Planner Steve Abraham stated they will want to make sure in the building review process that they record an access easement;i t would be a type of parking restriction. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 12 OF 20 Vice Mayor Eck requested the applicant address the council. Mr.John Surin,K&I Architects,addressed the council.He feels they have an attractive building for the city.They have tried to be sensitive to the concerns of the neighbors.He feels i t will be an asset to the community. i t looks very nice. Councilmember Dietz commented Vice Mayor Eck asked i f the restaurant pad would be large enough to land a major restaurant. Mr.John Surin stated i t probably is,although he could not say offhand.I t depends on the size that they would want to build.I t is for something larger than a fast food restaurant. Vice Mayor Eck asked i f something like an Applebee's or a Chili's would be interested in that size. Mr.John Surin stated he thought they would. Vice Mayor Eck commented he appreciates their design.The Wal-Mart was the huge catalyst in the area and,unfortunately,the building just north of the site is not what they were hoping to have in the area.I t i s one of the busiest areas in the community,and their building looks good.Vice Mayor Eck then opened the public hearing on the item. Mr.Richard Rivard,455 S. Delaware,Apache Junction,representing the Indian Summer Condominiums,addressed the council.He stated they are not objecting to the project.They attended the meeting on February 22 with the planning and zoning commission and they listened to their concerns;the subdivision had a list of things they were disappointed with.The commission cared.They moved the restaurant far north as i t was one of their concerns.They are happy with the outcome.He thanked them,thanked the council for appointing them,and added they represent the city very professionally.They are getting their disappointments resolved with the commission's help and that of the city attorney. Mr.Elliott Fisher,547 E. Quail,Apache Junction,addressed the council.He likes the project in the Wal-Mart area and has never been against the Wal- REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 13 OF 20 Mart.He requested the applicant get in touch with him as his brother has a successful restaurant in Chicago and he is looking for a Phoenix location. Ms.Wilma Evans,152 S.Grand Drive,Apache Junction,addressed the council.She is concerned about the drainage in the area.They have water that runs across their property;when i t rains like i t did the last 2 weeks i t gets really bad. Senior Planner Rudy Esquivias stated any historic flow that is going across the property will continue to be accommodated.I t is one of our requirements. Also,any natural standing water that would be displaced by the buildings,structures and parking lot on the site will be required to be contained within specially constructed retention basins.The engineering staff and planning staff will make sure the site design meets those requirements so that i t does not cause additional impact on the neighborhood to the east or any other surrounding property. Vice Mayor Eck closed the public hearing on the item with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron commented i t is a good project,a good use of infill property. I t is nice to see i t get used for retail purposes. Vice Mayor Eck agreed.He closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1230 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.1230,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 14 OF 20 THE MOTION. VOTE:Unanimous. The motion carried. ten minute break. meeting. OLD BUSINESS None. NEW BUSINESS ACCREDITATION AGREEMENT FOR THE CITY OF APACHE JUNCTION POLICE DEPARTMENT'S REENTRY TO THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT OF THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES Councilmember Dietz SECONDED Vice Mayor Eck called for a Vice Mayor Eck reconvened the )Interim Public Safety Director Terry McDonald briefed the council on the item.He stated this i s a continuation of some old business.The police department has a history with the Commission on Accreditation for Law Enforcement Agencies certification process dating back to 1998-1999.They have gone through one recertification process and were scheduled for an onsite inspection this last December. Staff looked at the situation during that time and decided the department was not ready to proceed with reaccreditation.They opted out at that time so that they could opt back in.This certification is a very important standard within the police department industry.I t is an international standard and has a lot to do with setting forth consistent standards and policies. I t has a second process,which was critical to the Apache Junction Police Department,that you not only have to have effective policies and procedures,you have to have proof that you have been following them.He and Chief Campbell did not feel that they could move forward and pass the inspection at that time.The advantage is that they were able to go ahead and move forward with the accreditation process at the same cost as i f they were being reaccredited,and they also get a two-year extension to get the department ready for the onsite assessment. I t is something that regardless of who the police chief is or who REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 15 OF 20 is on the council,i t is his recommendation that they move forward on it. Vice Mayor Eck stated he had heard someone comment that there is no sense in being accredited i f they are not going to follow what they are putting down in print.He stated the proof would be followed up on.He asked i f that is something that they do quarterly or concurrently throughout the two years. Interim Public Safety Director Terry McDonald stated the proof i s actual examples of the policies being followed,whether i t be an internal investigation policy and you allow those internal investigation policies to be inspected to see that that they are being followed,all kinds of enforcement policies and bring forth reports on those types of enforcement,or administrative policies that show that you have proof that they are,in fact,being followed.That is what the onsite inspectors review.There is actually a practice assessment ahead of that among some peer agencies before the national agency would come forward and assess the department. Councilmember Dietz asked i f there are a lot of police departments accredited. Interim Public Safety Director Terry McDonald commented there was some resistance when this first came out.However,in the past 20 years i t has become more of the industry norm. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE ACCREDITATION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION POLICE DEPARTMENT AND THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES FOR THE APACHE JUNCTION POLICE DEPARTMENT'S REENTRY TO THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT,INCLUDING THE ACCREDITATION FEE OF $4,590,BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR INTERIM POLICE CHIEF TERRY MCDONALD TO EXECUTE THE AGREEMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-13,DECLARING REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 16 OF 20 AND ADOPTING THE RESULTS OF THE MARCH 8.2005 PRIMARY ELECTION )City Clerk Kathleen Connelly briefed the council on the item.She stated State law requires the city council to meet between 6 and 15 days after a city election to do a canvass of votes.As part of the canvass of the votes,the council looks at the number of votes cast for each candidate,identifies those who are elected at the primary as well as those who might to go forward to the general election, and looks at the number of ballots cast for and against any proposition that was on the ballot.The statute i s silent on how the canvass of votes should be done,but the city has always done i t in the form of a resolution so that there i s a single document for historic record purposes.I t i s also the recommendation of the Arizona League of Cities and Towns.Resolution No.05-13 is the canvass of votes,reflecting the results of last week's election.Once approved,we provide a certified copy to the auditor general's office where i t becomes part of the home rule option file at their •offices. Vice Mayor Eck opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.05-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 8,2005,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. HOUSING REHABILITATION PROGRAM PLAN AND GUIDELINES )Permit Technician I I Mikki Frazier briefed the council on the item.She stated she is the housing rehab staff in the development services department.They have received the contracts for the two applications they submitted for the home funding.The Arizona Department of Housing has asked them to revise the guidelines again so that i t will reflect on the two new programs coming in.The changes have been highlighted in their books,and in some instances they have separated the Community Development Block Grant and the HOME areas to reflect the change in the HOME funding only.She requested their approval of the changes. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 17 OF 20 Vice Mayor Eck asked i f the Community Development Block Grants and the HOME grants are totally separate grants. Permit Technician I I Mikki Frazier stated they are.They receive funding only from HOME. On page 6,they highlighted CDBG minor housing rehab plan as that particular paragraph pertains only to CDBG.The following information would be for HOME. Vice Mayor Eck asked how many homes they do per year. Permit Technician I I Mikki Frazier stated they did approximately 30 homes last year,and they are hoping to do another 30 this year. Vice Mayor Eck commented he has heard compliments of Mikki in Mesa recently about how effective she is and what a great employee she is.He then closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT THE CHANGES TO THE HOUSING REHABILITATION PROGRAM PLAN AND GUIDELINES TO ADDRESS TWO NEW HOME FUNDED PROGRAMS,MOBILE HOME REPLACEMENT AND HOMEOWNER EMERGENCY REPAIR,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 18 OF 20 BE HELD ON MONDAY,APRIL 4,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 5,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Eck commented i t is good having an election process, and he liked the results,but he wished more people would take advantage of their rights and privilege to vote. ADJOURNMENT )Vice Mayor Eck adjourned the meeting at 8:34 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 1,2005. 3. Approval of scrivener's error correction of stipulation numbers 9 and 10 under Ordinance No.1228,Case PZ-20-04, which was approved by City Council on February 15,2005. 4. Consideration of request for extended leave for Planning and Zoning Commissioner Rosalie Gifford for June and July,2005. ACCEPTED THIS 5111 DAY OF APRIL ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS STH DAY OF APRII 2005. DOUGLAS LOLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 19 OF 20 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 15th day of March,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of March,2005. -- KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 15,2005 PAGE 20 OF 20