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HomeMy WebLinkAbout2004-12-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 7,2004 The regular meeting of the City Council of the City of Apache Junction. Arizona,was held on December 7,2004,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 Milkey 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 Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Development Services Director Rudy Esquivias Community Relations Manager Patrick Brenner Assistant to the City Manager Amy Malloy Others Present:Assistant Planner Noel Griemsmann Police Sergeant Troy Mullender REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 1 OF 29 Associate Planner Steve Abraham Associate Planner Charles Beck ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.04-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.AUTHORIZING SUBMISSION OF A GRANT TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2005 LOCAL TRANSPORTATION ASSISTANCE FUND I I PROGRAM,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN TO CORRECT SCRIVENER'S ERRORS IN THE PROFESSIONAL SERVICES AGREEMENT DATED SEPTEMBER 21,2004,BETWEEN THE CITY OF APACHE JUNCTION AND PUBLIC OPINION STRATEGIES TO PERFORM OPEN SPACE FUNDING FEASIBILITY STUDY FOR THE TRUST FOR PUBLIC LAND;AND THAT AUTHORIZATION BE GIVEN TO PROCEED WITH THE PURCHASE OF FURNISHINGS AND FIXTURES FOR THE CITY HALL/MUNICIPAL COURT AND MULTI-GENERATIONAL/RECREATION CENTER FROM GOODMANS INTERIOR STRUCTURES UTILIZING STATE CONTRACT #AD010202, MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT -SAVE AGREEMENT FOR INTERGOVERNMENTAL PURCHASES,IN AN AMOUNT NOT TO EXCEED $650,000. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Jeff Stocco,1151 W.Apache Trail,Apache Junction,addressed the council regarding issues with the business license ordinance.He is a new business owner.He has been told by the planning department that he has to do additional landscaping,which he has no problem with.However,he has been told he must replace a chain link fence that has been there for a number of REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 2 OF 29 years with a new wrought iron fence.He does not understand why he must do this.It will cost him approximately $2,500 and he has been told he has 5 months to replace the chain link fence.He had not foreseen this expenditure prior to starting the business.He is requesting the council to look into the matter and approve the chain link fence as i t is still in good shape. Mr.Steven White,105 N.Delaware,Apache Junction,addressed the council regarding art.He has traveled all over the western United States for the past 6 years trying to give the gift of art of Columbine High School.He commented about artists'constitutional rights,and to be able to communicate to one another through performing arts and visual arts.He stated Apache Junction is the only city he has traveled to that when confronted with the issues,the legal matters were reviewed,and the misuse of municipal ordinances that were written to put regulatory restrictions on the business of buying and reselling commercial merchandise were dropped to allow the gift of art to be given back to the community.He complimented City Attorney Joel Stern.Other cities are misusing these ordinances to eliminate the freedom of speech through art.Sports programs are popular because they never lack funding:public funding is used to build sports facilities all over the country.He commented one of the intended purposes of the public parks is for them to be used as a public forum for free speech;this is found in the Constitution.He asked why there are no free family/community art shows in the public parks.Apache Junction is the only city where the community can gather and exercise its right to public assembly and freedom of speech through artistic expression.He can now be an artist in this community.He is trying to join the business community with the art community.The Cactus Club owner.Jim Ericson.is inviting local artists to set up in front of his business.He is making an example of how they can change the view of the city;it could become a tourist attraction.He commented he hopes they can work together:he distributed some rules he had formulated for this to take place.He requested they call him if they have any questions.He commented this would also open doors for talented senior citizens.He again thanked City Attorney Joel Stern for dealing with the issue honestly,looking up the research,and coming to a proper conclusion. Ms.Tess Nesser,1511 S.Cactus Road,Apache Junction,addressed the council regarding an event at the Scottsdale Library.She invited everyone to the Newberry Library exhibit on the "Life and Times of Queen Elizabeth",a traveling exhibit.Only 40 libraries in the country will have this exhibit, and Scottsdale will be the only library in Arizona getting the exhibit.I t will be here for about a month.Opening day is December 18 and they will REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 3 OF 29 have all kinds of events.Throughout the month they will have lecture series and other things occurring on different dates.On opening day they will have the dressing of Queen Elizabeth from 11:00 a.m.to noon.She will be one of the ladies-in-waiting that day. Councilmember Milkey directed planning and development to contact Mr.Jeff Stocco regarding the fence issue.He also directed parks and recreation to explore an opportunity for a free family community art event in the city public parks to promote the development and expression of art,and to utilize input from the parks and recreation commission.Steven White,and the community to reach a consensus. Vice Mayor Eck requested a report back on both of those issues. CITY MANAGER'S REPORT None. PUBLIC HEARINGS SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL EXPENDITURE LIMITATION -HOME RULE OPTION )City Clerk Kathleen Connelly briefed the council on the item.She stated this was imposed on the cities and towns of Arizona in 1980 by the result of voter action.It holds the city to figures of the 1980 budget.the city's first full budget year,and adds in an inflation and population factor.The law also states that if the city is able to get voter approval to exceed the expenditure limitation,the city will be able to do so:i t can only be for a four year time frame.I t was last approved in 2001;2005 completes the four year cycle.The law states that immediately following the second public hearing a special meeting must be convened in order to take a vote on the matter.Following this evening's presentation by Patrick Brenner,they can open the public hearing. Following the public hearing they will have to recess the regular meeting. convene into a special meeting to take a vote,adjourn the special meeting, and then reconvene the regular meeting. Community Relations Manager Patrick Brenner stated some of the background points of home rule.I t allows the citizens and the elected council to make budget decisions at home rather than REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7.2004 PAGE 4 OF 29 using a state -imposed limitation formula.I t does not authorize the city to levy any new taxes or give it additional powers.The election will be held on March 8.2005.In the summer of 1980 the voters of Arizona passed a constitutional amendment designed to limit annual expenditures of all Arizona cities and towns using a formula.The established base year was 1979-1980. Apache Junction was a young city and it was its first budget year;it was not a typical year.There was a small budget and population;there was no library nor parks and recreation services.Zero dollars were budgeted in 1979-1980 for these two services so there would be none to adjust from there. Population and inflation are the only measurements used.The city was penalized for being new versus a more established city.Home rule does not affect balancing the budget;a balanced budget is required by state law.I t will allow the city to spend the general fund monies that are accumulated for programs and services that the citizens of today feel are essential,such as police officers,parks,recreation,the library,and services for the youth and seniors.If the voters reject home rule,the city must set its budget under a state -imposed formula.Current population and inflation figures do not reflect current needs,expectations and demands for services.The state- imposed formula would necessitate a cut of one-third of the general budget over four years,amounting to $7.6 million for 2005-2006,and $33.8 million over the entire four years.The general fund is what is used to pay for police,parks and recreation,libraries,and all general government services. Mayor Coleman opened the public hearing on the item. Ms.Charlene Bryan,159 N.Acacia Road, 'Apache Junction,addressed the council.She stated she lives east of State Route 88 and up by the mountain.They feel left out.She has lived here for one year.She lives on a road that has been there forever;the previous owner had been there 30 years.Her neighbor has heart problems and when the fire truck comes i t sinks out of sight if it rains;so do the garbage trucks.I t is just an old dirt road with no surfacing and no cosmetics.They do not want i t paved because they like being in the country. She would like it to be clean as in Canada -clean.The people there may be poor,but they always hide their machinery.Junk is not left lying around. She would like to see that street clean,too.They can clean i t up,but they need help and they need i t now.The little cars sink and weave back and forth.She also complained about horses in the area being kept in pens and described how she had cared for previous horses she had owned.They also need to clean up the old cars.More people would stay in the area if there REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 5 OF 29 were some decent roads to travel on.They are in the little section that is left out of the million dollar road improvements,and she intends to do something about it. Mrs.Arlene Van Note,1485 W.14th Avenue,Apache Junction.addressed the council.She spoke in favor of home rule.I t seems to be common sense that if they have projects that need to be funded and they have the funding for i t that they should be allowed to spend i t and not be restricted by someone else's formula. Mayor Coleman closed the public hearing on the item with no one else wishing to speak.He recessed the regular council meeting and convened the council into a special meeting. SPECIAL MEETING RESOLUTION NO.04-30,PROPOSING AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION ) )Mayor Coleman opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.04-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman adjourned the special meeting and reconvened the regular council meeting. PUBLIC HEARINGS (continued) BINGO LICENSE APPLICATION FOR MERIDIAN REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 6 OF 29 PARK LADIES CLUB )City Clerk Kathleen Connelly briefed the council on the item.She stated this request has been submitted internally to planning and the police department and externally to the fire district.We have not received any opposition to it.The applicant has been invited to be present this evening. Mayor Coleman requested the applicant address the council. Mrs.Betty Feldmann,351 N. Meridian Drive,Apache Junction.addressed the council.She is the president of the ladies club.They want to better themselves and their clubhouse:they need a new stove and other items they need to purchase.They do public work, helping the fire district,police department,homeless and nursing clubs. They are work for the community. they have had the club doing the bingo. club has not had bingo. be their first bingo. Vice Mayor Eck asked how many years Mrs.Betty Feldmann stated their Vice Mayor Eck commented this will Mrs.Betty Feldmann stated that is correct.They are asking for a bingo license. 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 Sippel MOVED THAT THE BINGO LICENSE APPLICATION FOR MERIDIAN PARK LADIES CLUB BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 7 OF 29 VOTE:Unanimous. The motion carried. ORDINANCE NO.1220,PZ-14-04,REQUEST BY RICH LEWENDOWSKI,REPRESENTING BILL O'BRIEN,REPUBLIC HOMES,TO REZONE AN 11.10 ACRE PARCEL FROM CR-5 TO CR-3/PD LOCATED AT THE NORTHWEST CORNER OF BROADWAY AND SAN MARCOS FOR THE PURPOSE OF DEVELOPING A SUBSEQUENT SINGLE FAMILY HOME SUBDIVISION FOR PLUS OR MINUS 84 HOMES ) )Associate Planner Charles Beck briefed the council on the item.He stated the applicant is only requesting a rezoning at this time.He has included a concept plan but a more detailed preliminary plat will follow.The parcel is currently undeveloped.He described the surrounding area and the concept plan.The lots average 3,500 sq.ft.The general plan calls for medium density residential with a target density of 3.5 dwelling units per acre.The applicant is proposing 3,500 sq.ft.to 3,700 sq.ft lots for this rezoning.It will be going from apartments to small single family lots:it proposes 7.5 units per gross acre, which is 1.5 units per gross acre more than the maximum allowed in the general plan,but i t is less than the CR-5 zoning.The concept plan raises questions regarding lot size,single family lot density within the neighborhood and the city,private street use and the configuration of lots. The proposed lot setbacks are 10'to the front and rear,5'on the side,and driveway setbacks for garages at 18'which will provide an offset appearance along the street side.The development proposes private street drives, access from Cardinal Drive to the north and Broadway to the south.The proposed street profile is 32'wide with 24"gutters.No elevations were submitted to staff.The applicant held a neighborhood meeting on October 25. Staff recommends that the subdivision shall provide a minimum of 5 model types with 3 elevation variations and four-sided architecture,and that i t shall be constructed to meet minimum energy efficiency standards of the Environmental Protection Agency Energy Star Homes.This is the type of product that this developer uses.The development will include the trail path linkage along the eastern boundary.Two story homes shall not be located along the perimeter boundary.No more than 25% of the homes constructed shall be less than 1,500 sq.ft.and no less than 25% of the homes shall be less than 2,000 sq.ft.in size. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 8 OF 29 Vice Mayor Eck asked where the energy efficient standards came from. Associate Planner Charles Beck stated i t is an existing standard for the Environmental Protection Agency and in the industry itself.I t is a similar concept to the lowest level of green building.For example,they will have double -insulated windows. Vice Mayor Eck asked if the city requires that anywhere now. Associate Planner Charles Beck stated the city does not require it,but energy is one of the issues for the trade-offs in this planned development.Apache Junction could be making a statement as to the types of developments they will be looking at in the future.They are looking at energy efficiency in the future. Mayor Coleman requested the applicant address the council. Mr.Rich Lewendowski,Can -Am Engineering,1423 N.Higley Road.Mesa,representing Republic Homes and Bill O'Brien,addressed the council.The energy efficiency standards were brought up because this is a small development and they wanted to make sure they were putting in a high quality product.There was only one person who showed up at the neighborhood meeting and he was for the project:they also received one email and that person was also for the project.He commented many of them have visited the model site that this is patterned after.They would like to rezone this from apartments to a single family neighborhood like the model site.Rudy sent Matthew to the homeowners association meeting to discuss the private streets.Republic Homes will meet city standards on paving:it will be of high quality.It will be upgraded if needed or requested..The homeowners association CCR's will set up a paving fund to take care of the road maintenance.Staff has been very helpful during the process and asked for input on the process.He requested approval of the rezoning,but they would like the stipulation of having the two story homes located only in the middle of the subdivision removed.They are doing an 8' walkway next to the canal which gives them a 35'buffer from the neighboring homes.on Broadway.They do not want all of the two story homes in the center for aesthetics reasons. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 9 OF 29 There was general discussion on which stipulation he wanted removed.On the staff report i t is number twelve:in the ordinance i t is number eleven. Vice Mayor Eck asked how they would add in the two story homes if that stipulation was removed. Mr.Rich Lewendowski stated they would be scattered on the larger lots. Vice Mayor Eck asked if they would be in the cul-de-sac areas. Mr.Rich Lewendowski stated that is correct. Mayor Coleman commented there is a subdivision that borders this one.He asked on which side i t is. be in the cul-de-sac areas. correct. Mr.Rich Lewendowski stated i t is on the west side.There is Renaissance Park and across from i t is Sierra Entrada.Renaissance Park will be backyard to backyard.He showed them on the map where they would abut each subdivision.There is the 35'distance between the proposed site and Sierra Entrada because of the drainage way and trail system. Councilmember Dietz asked what is on the north side. Mr.Rich Lewendoski stated there is Apache Ho.These homes face Cardinal and back onto the subdivision. Associate Planner Charles Beck commented this development has been here on the two story homes to the planning and zoning commission level before and they were concerned about Renaissance Park and Apache Ho because of the setback requirements and the two story looking down into the single story sight triangle.Those are building stipulation specifications for developments that have not made i t before the council.Staff is concerned about this issue.On the south there is the drainage ditch and the trail system,but he is not sure what the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 10 OF 29 footage will be with the setback.He requested Rudy make a determination on that. There was general discussion on the setbacks and distances from other developments. Vice Mayor Eck suggested having language that stated that the two story homes could not be adjacent to another residential lot. Councilmember Dietz suggested no two story on the west and north sides.They would be allowed on the east and south sides. Mr.Rich Lewendowski commented he would like to be able to build 4 two story homes of the 13 or 14 lots on the west side for aesthetics purposes and to meet the 25%stipulation.His client would be willing to do that. Councilmember Waldron commented he would still be concerned about the people on the west side having to look up at a two story home from their backyard.He does not like that. Councilmember Insalaco agreed. There was general discussion on how they are getting there for the preliminary plat. There was general discussion on other two story developments. Associate Planner Charles Beck commented there were two story apartments with a 50 setback on one site. Vice Mayor Eck asked i f lots 4,5. 18,and 19 would have residential backyards backing up to them. Associate Planner Charles Beck stated they do. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7.2004 PAGE 11 OF 29 Councilmember Sippel commented he is worried that they could be setting a precedent here,being that they are building something new that is backed up to previous development. There was general discussion on what sides to allow the two story homes on. Mayor Coleman asked if there was a way they could free up more lots for possible two story homes without invading the privacy of the neighbors,such as the east side with its trail buffer. Councilmember Sippel asked if they are worried about privacy invasion or the loss of the view of the mountain. Councilmember Insalaco stated he is worried about privacy invasion as i t is right up against them. Councilmember Dietz stated he is worried about both. Councilmember Sippel commented he has two story homes to either side of him and it does not bother him. Councilmember Dietz commented he has no problem with the two stories on,the east or the south side,but they should not be on the north or the west where i t is backyard to backyard. These are small lot sizes with two stories so i t is more of a privacy issue. Associate Planner Charles Beck commented there is a 10'setback for Sierra Entrada and 32'for the trail area. Vice Mayor Eck commented he believes their discussion shows that they are in agreement for the east and the south to be okay,but they are concerned about the north and the west. Associate Planner Charles Beck commented that is also staff's primary concern.Neighbors have discussed i t in the past. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 12 OF 29 Councilmember Dietz asked i f i t is doable. Mr.Rich Lewendowski stated he believes i t is. Councilmember Dietz commented they would be restricted to single story on the north and west sides. Vice Mayor Eck commented they should also exclude the southwest corner as i t is adjacent.There should be single story there. City Attorney Joel Stern commented this should be included as a stipulation for whoever makes the motion. Mayor Coleman suggested they amend stipulation number eleven of the ordinance,stating where the two story would be allowed. City Attorney Joel Stern agreed. There was general discussion on what the motion should state. Mayor Coleman opened the public hearing on the item. Mr.Dan Wald,560 N.Rennick Drive, Apache Junction,addressed the council.He would have liked to have seen a zoning map showing where San Marcos Drive was so that the public can understand where i t is off this map.It is confusing with the maps supplied. He is not concerned about the housing.He would like them to take into consideration the fact that with that high density of residents,plus a school in the area,they will have a lot of traffic going in and out.He recommended a stop light or traffic signal light being put in there to control the traffic for safety purposes for the students and children.The safety issue needs to be addressed.He recommended the city put in the traffic signal if the developer cannot. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 13 OF 29 Mr.Dan Austin,1353 S.Valley Drive,Apache Junction.addressed the council.He lives 2 to 3 blocks southwest of the site.He is also concerned about the traffic situation. Traffic is already getting unbearable at San Marcos and Broadway;this addition could be very hazardous.He is also concerned about the high density in the neighborhood.There are cars,trucks,and campers already on the street.There is not enough room for these people to have a sizable garage.They will probably be on slabs and they will need a place to park. Mr.Rich Lewendowski reminded everyone that this is a rezoning.The traffic issues will be addressed during the preliminary plat by staff and the city engineer.It does not need to be brought up in the zoning area. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented he believed they could address those issues as they get further into this and speak with the city engineer to see what he deems necessary.This is a challenging project as i t is an infill project.They are actually lowering the density,which he thinks is a good thing.If there is a traffic situation,they will make that suggestion to the city engineer and let him det4rmine some solutions for it. Councilmember Insalaco commented they are only changing this from apartments to single family dwellings at this time.It will bring the density down quite a bit.Apartments would generate a lot more traffic. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1220 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 14 OF 29 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO.1220,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:AMEND ITEM II TO READ TWO STORY HOMES SHALL NOT BE LOCATED ALONG THE NORTH OR WEST BOUNDARY OF THE FUTURE DEVELOPMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. ORDINANCE NO.1221,CASE PZ-15-04,REQUEST BY ROBERT SMITH AND DWAYNE BRIGGS ON BEHALF OF BETTY SMITH TO REZONE A 2.75 ACRE PARCEL LOCATED AT APPROXIMATELY 340 EAST OLD WEST HIGHWAY FROM CB -2 TO C-3/PD TO ALLOW FOR A DETACHED MONUMENT SIGN FOR PROPOSED CHOLLA LANDSCAPE DESIGN CENTER AND TO PERMIT 2 EXISTING NON -CONFORMING BILLBOARDS TO REMAIN UNTIL THE LEASE EXPIRES IN 2014 )Assistant Planner Noel Griemsmann briefed the council on the item.He described the surrounding area.The site is vacant except for the billboards.The general plan calls for employment/retail opportunity.The conceptual plan is a small building that could be up to two stories.There will be approximately 3.800 sq.ft.of office space.There will be a small parking area.The general storage REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 15 OF 29 facility will include bins for rock,riprap,and boulders.The bins will be along the perimeter of the property.This is an outright use but they have 2 billboards that would be required to be removed for any new development for a detached signage,similar to what occurred with Jack -in -the -Box.There is an existing lease in place;the owner was unaware the leases were not cancelable when she signed them.The applicants are interested in acquiring the property and would like to honor the leases until they terminate in 2014. They have taken into account the requirement of the multi -purpose trail and they have landscaping along Old West Highway.There will be a block wall around the site with the exception of the front entrance which will have a view fence.There will be about 67'of landscaping.Viacom Outdoor has the leases:the billboards are big and it will be difficult to reduce some of the bulk.They will enhance the empty spaces to either side of the billboards by providing two trees on each side of the billboards,or 8 trees. They may help take down some of the mass of the billboards over time.Staff recommends a 25%increase in the number of plants overall.The planning and zoning commission voted unanimously for approval with the stipulation for removal of the billboards at the end of the lease and the additional trees. He received 3 phone calls on this project and all were in favor of the development. Councilmember Sippel asked what the zoning is north of the site. Assistant Planner Noel Griemsmann stated i t is CR-5,high residential district. Mayor Coleman requested the applicant address the council. Assistant Planner Noel Griemsmann stated the applicant informed him last week that he might have a prior commitment this evening.As he is not here,he had requested his apologies be passed on as he had some personal items to attend to. Mayor Coleman commented he is afraid they are going to have a lot of owners who will not realize the impact of their leases.They will renew them for 10 years just before they want to change the zoning.He asked if they could get these billboards down sooner than 10 years. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7.2004 PAGE 16 OF 29 City Attorney Joel Stern stated there are some fairly recent case law and statutory provisions regarding billboards which make i t almost impossible to interfere with the use of a billboard on a piece of property.When they know there is a rezoning coming up that has billboards,they can contact the property owner and advise them there would be a stipulation that would state that the billboard will have to come down.Otherwise,they get into interference with business relations with the corporation.Viacom could easily bankrupt the city with one lawsuit.They base damages on what it would cost to replace that visibility and they have formulas that would shock almost everyone in the room. Mayor Coleman commented i t just seems more than coincidence that they are starting to see these.He commented i t appears 2014 will be the best he can hope for. Assistant Planner Noel Griemsmann commented he believes the Viacom billboards may have the same time frame. They appear to have proactively recontracted with the owners.Numerous owners have stated they did not have a signed lease previously;that it had just been a month to month thing.They formalized i t recently.In 2014 there should be a bunch of billboards going away. Mayor Coleman asked if this development would be similar to the other landscaping yard further down Old West Highway. Assistant Planner Noel Griemsmann stated it will be similar but they will not have an emphasis on plants.Most of their stuff is hardscape.Most of their center will be used for display. One would come in and look at the material and determine what they want to purchase.The site is primarily a marketing tool with some storage around the perimeter. Vice Mayor Eck asked if they will have decorative rock. Assistant Planner Noel Griemsmann stated they would. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 17 OF 29 Vice Mayor Eck asked how the city would be protected from the drag out:the trucks losing their load in the street. Assistant Planner Noel Griemsmann stated the site has an internal circulation,but it may be an issue they will have to talk about.The owners in the initial discussion wanted a right turn only onto Old West Highway.There is a controlled right requested:to go the other direction on Old West they will have to go to a controlled intersection.That will address the issue of trucks. Councilmember Waldron asked i f there was any discussion on deceleration and acceleration lanes,as some of those trucks will be heavy. Assistant Planner Noel Griemsmann stated the primary concern was the trucks pulling out into traffic. Deceleration is usually used with a large volume of traffic at high speed. The truck should be decelerating far back and easing into the site.He will work with engineering on that. Councilmember Waldron stated he is more concerned about loaded trucks coming out of there as it takes a while to get up to speed. Assistant Planner Noel Griemsmann stated he will pass it on to engineering to make sure they are satisfied with any issues.Engineering appeared confident with the right turn only;they were concerned about a left turn.They do not expect a lot of truck traffic: they will have small amounts of materials,not large truckloads.The large truckloads will be on delivery:this is more a distribution center on a small scale. 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 Dietz MOVED THAT ORDINANCE NO.1221 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 18 OF 29 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 7th day of December,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of December,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 29 OF 29 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.1221,AS READ BY THE CITY CLERK.BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1209,AM -5-04,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS,BY ADDING NEW SECTION 6.0131 RELATING TO A CITIZEN REVIEW PROCESS )Associate Planner Charles Beck briefed the council on the item.He stated the planning and zoning commission voted unanimously to recommend approval of the text amendment. Staff recommends its adoption. 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 THT ORDINANCE NO.1209 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 19 OF 29 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.1209,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-32,CASE GPA-1-03, WATER RESOURCES ELEMENT GENERAL PLAN MAJOR AMENDMENT )Associate Planner Steve Abraham briefed the council on the item.He stated this is required by Growing Smarter Plus.There were 13 points the Stantec consultant was tasked with addressing with this element.They generally centered around the quality of water,availability of water and the analysis of water delivery systems.The draft outline was discussed at the March 23,2004.planning and zoning commission meeting.Technical memorandums and goals were done on April 27 and May 25.Staff and commission annotations of the element were done on June 27.Neighborhood meetings were done on August 4 and October 13:no public input was solicited or received.The planning and zoning commission voted unanimously for approval at the November meeting.They had one change to page 6 which has already been corrected.It dealt with a footnote.Staff recommends approval.He added Tricia Cook of Stantec was in attendance to answer any questions. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 20 OF 29 Mr.Stone,4573 S.Strike It Rich Drive,Gold Canyon,addressed the council.He asked if the water plan or survey include the water resources required for the new planning area. Associate Planner Steve Abraham stated it goes down to Ray Road. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.04-32.A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT CASE GPA-1-03. A CITY -INITIATED TEXT AMENDMENT ADDING SUBSECTION E,WATER RESOURCES ELEMENT, TO CHAPTER 2 OF THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN,BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-34,GPA-3-04,GENERAL PLAN MAJOR GRAPHIC AMEMDMENT EXPANDING THE FUTURE PLANNING AREA OF THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN LAND USE MAP TO ENCOMPASS AN ADDITIONAL ±40 SQUARE MILES BOUNDED BY MERIDIAN ROAD ON THE WEST.GERMANN ROAD ON THE SOUTH,AND U.S.60 ON THE EAST )City Manager George Hoffman stated he would like to make some comments that apply to this general plan amendment .and the next one.The State of Arizona has millions of acres of State Trust land.The State Land Department must manage those lands and resources to enhance the value and optimize the economic return for the trust beneficiaries.They must be consistent with sound stewardship,conservation and business management principles.The state lands in northern Pinal County have not been the subject of extensive planning in the past by the department REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 21 OF 29 primarily because the market was not ready.It has received a greatly increased level of attention with the appointment of Mark Winkelman as State Land Commissioner and Richard Hubbard as Deputy Commissioner.They have engaged in active dialogue with the city and the county.They are seeking additional resources from the legislature for the planning of land in our area.They are aware of and are paying attention to state lands in northern Pinal County,and i t is crucial to the growth and development of this area. The lands in the area contemplated by GPA-3-04,the planning area expansion, are largely State Trust lands.The department is gearing up to study these lands and has expressed their desire to begin their studies and continue their communication before being asked to comment on GPA-3-04.He is pleased with their progress,their increased attention to these lands,and the prospect of near -term detailed planning taking place.He requested the council not to act on GPA-3-04 and GPA-4-04 this evening.He thanked the planning staff.especially Steve Abraham,for all the hard work,time and effort made in the past year in outreaching,notifying,advertising, developing and bringing forth these amendments to the council. Associate Planner Steve Abraham commented that this is a public hearing and the planning and zoning commission unanimously recommended approval of the item. 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 asked the city attorney if they needed to make a motion to take no action. City Attorney Joel Stern stated they do.They would need to do motions for both of them separately. Mayor Coleman called for a motion. Councilmember Waldron MOVED THAT IN OUR CONTINUING EFFORTS TO COOPERATE WITH THE STATE LAND DEPARTMENT AND OUT OF RESPECT FOR THEIR WISHES REGARDING STATE LANDS.I MOVE THAT WE TAKE NO ACTION ON THIS ITEM AT THIS TIME.I FURTHER MOVE THAT THE CITY MANAGER IS DIRECTED TO CONTINUE TO PURSUE EFFORTS WITH THE STATE LAND DEPARTMENT TO RESOLVE THE FLOOD CONTROL EASEMENT ISSUE,TO CONTINUE TO INITIATE AND PARTICIPATE IN AREA PLANNING EFFORTS.TO CONTINUE WITH TRANSPORTATION CORRIDOR STUDIES AND OTHER STUDIES FOR THE AREA AND,IF APPROPRIATE,THAT THIS ISSUE BE BROUGHT BACK IN REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 22 OF 29 CONJUNCTION WITH THE CITY'S NEXT IMMEDIATE GENERAL PLAN AMENDMENT CYCLE.I FURTHER MOVE THAT THIS ACTION IS IN NO WAY AN INDICATION THAT THE CITY IS RELINQUISHING ITS INTEREST IN THESE STATE LANDS AND THAT THE COUNCIL REMAINS STEADFAST IN OUR DESIRE TO HAVE THESE LANDS INCLUDED IN THE CITY OF APACHE JUNCTION PLANNING AREA. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO 04-35,CASE GPA-4-04, GENERAL PLAN MAJOR GRAPHIC AMENDMENT TO REDESIGNATE ±145 ACRES OF LAND FROM MEDIUM DENSITY RESIDENTIAL,HIGH DENSITY RESIDENTIAL,POTENTIAL PARK SITES AND TRAILS/LANDSCAPING TO PUBLIC/ INSTITUTIONAL.LOCATED IN THE PORTIONS OF THE NORTH HALF OF SECITON 8,TOWNSHIP 1 SOUTH RANGE 8 EAST AND PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 1 SOUTH RANGE 8 EAST )Mayor Coleman commented they had already heard from the city manager on this item. Associate Planner Steve Abraham stated this is a public hearing item and the planning and zoning commission recommended approval unanimously.He added the commission forwarded approval of stipulation 5,that this is actually 180 acres to be redesignated. Mayor Coleman opened the public hearing on the item. Mr.Clark Gregar,1 North Central Avenue,Phoenix.addressed the council.He was representing the Superstition Mountains Community Facilities District,the entity most affected by this. They have spoken to both the state people and Mr.Hoffman and the district does not have an objection if this amendment is not acted on tonight.The REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 23 OF 29 district would like to indicate that no action will be taken by general plan designation or zoning that might adversely affect either the operation or the expansion of the district. 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. Councilmember Waldron MOVED THAT IN OUR CONTINUING EFFORTS TO COOPERATE WITH THE STATE LAND DEPARTMENT AND OUT OF RESPECT FOR THEIR WISHES REGARDING STATE LANDS,I MOVE THAT WE TAKE NO ACTION ON THIS ITEM AT THIS TIME.I FURTHER MOVE THAT THE CITY MANAGER IS DIRECTED TO CONTINUE TO WORK WITH THE STATE LAND DEPARTMENT AND THE SEWER DISTRICT TO RESOLVE THIS ISSUE,AND,IF APPROPRIATE.THAT IT BE BROUGHT BACK IN CONJUNCTION WITH THE CITY'S NEXT IMMEDIATE GENERAL PLAN AMENDMENT CYCLE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried.. RESOLUTION NO.04-33,CASE GPA-2-04, DEFINITION OF MAJOR. AND MINOR GENERAL PLAN AMENDMENTS )Associate Planner Charles Beck briefed the council on the item.He stated staff requests the council approve the resolution as presented:This will amend Chapter 2,the general plan elements,element A,land use,of the 1999 General Plan.The Arizona Revised Statutes require that the governing body of each municipality in Arizona provide a written criteria to define a major and minor amendment to the city general plan.Staff 'provided documents,analysis of options. initiated discussions,provided public notice,attended neighborhood meetings and public hearings pursuant to the statutes.Staff requests the council determine a date for a final submittal of a major general plan amendment application. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 24 OF 29 public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.04-33,A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-2-04, THE DEFINITION OF GENERAL PLAN MAJOR AND MINOR AMENDMENTS,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.04-36,CASE GPA-6-04, PUBLIC PARTICIPATION GENERAL PLAN ELEMENT AMENDMENT )Associate Planner Charles Beck briefed the council on the item.He stated staff requests the council approve the resolution as presented.This will amend Chapter 3,the Growing Smarter elements.to include Part F,public participation.The Arizona Revised Statutes require the governing body of each municipality of Arizona adopt written procedures to provide effective,early and continuous public participation in the development of major amendments to the general plan for all geographic,ethnic,and economic areas of the community.Staff provided documents,analysis of options,initiated discussions,provided public notice,attended neighborhood meetings and public hearings pursuant to the statutes. 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.04-36,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-6-04,THE PUBLIC PARTICIPATION ELEMENT TO THE GENERAL PLAN,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 25 OF 29 Councilmember Waldron 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. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS DISCUSSION ON THE USE OF COMMUNITY MEDIATION )Vice Mayor Eck briefed the council on this item.Last night they discussed having staff look at possible mediation services.He hopes they can contact a volunteer mediation service where there is no cost to the city.He would like to have i t researched and see what is available.He knows other communities are using this.He would like to look at it and see if it might be of benefit. Mayor Coleman commented he thought i t a good idea.He then closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE USE OF COMMUNITY MEDIATION:THAT STAFF ADDRESS THE ISSUE AS FAR AS TRYING TO BRING BACK INFORMATION TO US, DETERMINING MEDATION,TO SEE WHAT IS AVAILABLE.AND GET AN ACCUMULATION OF INFORMATION ON MEDIATION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7.2004 PAGE 26 OF 29 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz announced that the December 20th and 21st,2004,council work session and regular meeting have been cancelled by Mayor Coleman.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JANUARY 3.2005, IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 4,2005,IN THE CITY CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman commented staff had told them they would be in the new city hall by the end of February. Councilmember Sippel announced the new A&W and Long John Silver's is open. He and his family went there for dinner that night and it was very good. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:47 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7,2004 PAGE 27 OF 29 2.Acceptance of Minutes of Regular Meeting of November 16,2004. 3.Consideration of Resolution No.04-31,Authorizing submission of a grant application to the Arizona Department of Transportation for participation in the Fiscal Year 2005 Local Transportation Assistance Fund (LTAF)I I grant program. 4.Authorization to correct scrivener's errors in the Professional Services Agreement dated September 21,2004,between the City of Apache Junction and Public Opinion Strategies to perform open space funding feasibility study for the Trust for Public Land (TPL). 5.Authorization and approval to proceed with purchase of furnishing and fixtures for the City Hall/Municipal Court and Multi- generational/Recreation Center from Goodmans Interior Structures utilizing State contract #AD010202 in an amount not to exceed $650,000. ACCEPTED THIS 4TH DAY OF JANUARY ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JANUARY .2005. DOUGLAS VOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7.2004 PAGE 28 OF 29