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HomeMy WebLinkAbout2002-11-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 19,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 19,2002,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 7:10 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Urich led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present: Others Present: Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Interim Development Svcs.Dir.Rudy Esquivias Assistant to the City Manager Bryant Powell REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 1 OF 21 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM NUMBER 6,I WOULD ASK THAT THAT BE CONTINUED TO EITHER ON OR BEFORE OUR FIRST COUNCIL MEETING IN JANUARY;THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS SUPERVISOR JOE ORNELLAS AND PARKS ATTENDANT ROGER LUTH FOR THEIR ASSISTANCE WITH THE FOUR PEAKS ELEMENTARY SCHOOL FAMILY PICNIC;AND THAT DAVID ROMERO BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON JUNE 30,YEAR 2003: AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND DFD AND G TO PROVIDE ARCHITECT AND ENGINEERING SERVICES FOR THE CITY HALL/MAGISTRATE COURT COMPLEX AND FOR MASTER PLANNING SERVICES,THAT WOULD BE THE DICK AND FRITSCHE DESIGN GROUP,IN AN AMOUNT NOT TO EXCEED $482,045;AND THAT THE MAYOR BE GIVEN THE AUTHORIZATION TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY: THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CENTRAL ARIZONA COLLEGE FOR THE PURPOSE OF DONATING THREE POLICE VEHICLES TO CENTRAL ARIZONA COLLEGE FOR THEIR USE;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT:AND THAT APPROVAL BE GIVEN FOR THE SETTLEMENT AGREEMENT AS REQUIRED BY LAW IN HAYWOOD V.CITY OF APACHE JUNCTION,CIV 2001-2434 PHX SMM SETTLEMENT AGREEMENT IN THE AMOUNT OF $50,000,WITH SOUTHWEST RISK PAYING THE $50,000 SETTLEMENT AS WELL AS ANY DEFENSE COSTS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 2 OF 21 CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the Haywood settlement being placed on the consent agenda without a public hearing. Ms.Rosalie Gifford,1485 W.14th Avenue,Apache Junction,addressed the council regarding allowing school bus drivers to park in the vacant lot across from the Chevron.She also commended Spencer Paden on his work in getting the library catalog back on line. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1168;PZ-4-02, CITY -INITIATED REZONING REQUEST FOR 13 PARCELS ON THE NORTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN AND DELAWARE DRIVES AND 19 PARCELS ON THE SOUTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN DRIVE AND THE WARNER DRIVE ALIGNMENT )Interim Development Services Director Rudy Esquivias briefed the council on the item.The planning and zoning commission recommended approval of the ordinance with some conditions. This evening he wants to clarify some things heard at the last public hearing. A lot of the property owners spoke of their desire to expand their businesses and their fear that the rezoning would work against their businesses and force them to meet development requirements.Currently there are development requirements in existence that are applicable to any new commercial, industrial,multi -family properties,mobile home parks and residential subdivisions,including standards for landscaping,parking,buffering,on -site retention and engineering.This ordinance enhances those requirements by placing a planned development overlay on this area of town with its rezoning. It will include architectural standards in the southwestern style,a possible increase in landscape setbacks,increasing the types of plant densities and the maturity of plant sizes.It will limit some of the undesirable uses such REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 3 OF 21 as adult uses,the more unsightly outdoor -type uses,and some heavy industrial that could go under light industrial.This zoning was requested due to a cattle trailer business that was proposed next to the new Chosa's Harley Davidson.Staff and council discussed and concluded they would like to protect the area by rezoning for retail,commercial and employment opportunity -type businesses.The ordinance will provide additional development standards than what is currently there.He commented that some of the owners feared that their property value would drop.He stated that if the development standards are raised,i t should increase the property values,the aesthetics and the overall desirability of the area.He added that the protest petition that was earlier determined invalid has had additional documentation filed and Mr.Stern has determined i t is now valid;this will force a three-quarter vote by the council,meaning six out of seven of the council must vote positively to rezone the target area.If the 4th Avenue area is excluded,than only a simple majority is needed.The suggested language changes requested by council for conditions 11 and 12 have been implemented,which state that the proposed uses under condition 11 would be stand alone uses allowed in strip retail developments as appropriate and that condition 12 includes the existing businesses in the neighborhood in the palette of uses. Vice Mayor Surra thanked Rudy for the language change and hoped it met with everyone's approval. Mayor Coleman opened the public hearing on the item. Mr.Stan Jenkins,no address given, addressed the council.He commented he would like the properties south of Safeway to be removed from the zoning change.He has been told they cannot be removed from the zoning change because the council fears what could go in on the properties,such as poultry killing,rabbit killing,adult oriented,tank farms,airports,and other things that he does not believe will happen.He wondered why they could stipulate things in,but not stipulate things out.He would like to see them stipulate out the uses the council does not want in there instead of rezoning their properties.He questioned whether Nyder Air would be allowed to conduct business without having to make any improvements. He also requested they be notified personally when they start a process of rezoning instead of working on i t for two years first. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 4 OF 21 Mr.Howard Meade,8302 E.Willetta, Mesa,addressed the council.He owns some properties on 4th Avenue.He also requested to be excluded from the rezoning.He believes it will affect his property greatly,and he does not think any of the parcels are big enough to accommodate the uses the council fears there.He added he disagreed with the real estate agent who spoke at the last meeting stating their properties would not decrease in value;he believes they will. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented this is the largest rezoning he has seen in 10 years.He does not believe the city is protecting anyone.He believes this is a taking.He proposed the city raise enough money to buy the property.He also voiced concern that the new general plan does not reflect the consensus of the community. Mr.Greg Grebba,6280 E.Roundup, Apache Junction,addressed the council.He commented he did not hear his retail furniture store listed as an approved use.He believes that if all of the new restrictions are placed on these properties they will have a difficult time selling them in the future.His property can also not afford to lose any more to setbacks;they have just enough room for customers to pull in and back out.They have also spent a lot of money on their properties and are not going to degrade them.He does not feel anyone has the right to come in and tell him what to do to improve his property. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra asked if the standards in the landscape ordinance are retroactive on current businesses or if they only affect new development. Interim Development Services Director Rudy Esquivias stated they are only applicable to new development, expansions of use exceeding 252,or when a change of use occurs.If a change of use occurs,they would have to comply with up to 50% of the landscape code. They understand that buildings exist in certain locations and that there are certain areas to work with;they will work with the owner to achieve 50%,such as allowing a lesser setback with more plant densities. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 5 OF 21 Vice Mayor Surra asked if the businesses remain the same as they are now,then they would not have additional restrictions placed upon them. Interim Development Services Director Rudy Esquivias stated that was correct. Vice Mayor Surra asked if that was for the life of the business. Interim Development Services Director Rudy Esquivias stated that was correct. Mayor Coleman asked if it would apply if the business was sold to someone else. Interim Development Services Director Rudy Esquivias stated they would not have any additional landscape requirements if the business remains the same. Vice Mayor Surra requested the city attorney to explain the term "taking". City Attorney Joel Stern stated "taking",in a property sense,would be where a city would come in and tell a property owner they have to do something and there is no city ordinance allowing the city to do what it wants the property owner to do.A rezoning is allowed under Arizona state law;i t is not a taking.It would be a taking i f the city told an owner that they wanted him to sell the property or the city wants to use i t for a certain use,and that the city wants to pick the developer;this could be a taking under certain circumstances.It would not be under redevelopment law.Redevelopment law allows a city to come in and buy a property from the owner or go to court on i t and condemn the land,and then pay the property owner the value of the property based on appraisals. That would not be a taking. Vice Mayor Surra asked if there was anything in the ordinance that would make i t possible for the city to "take" someone's property. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 6 OF 21 City Attorney Joel Stern stated there is not. Vice Mayor Surra asked if the ordinance was asking the business owners to stop doing the business they are doing. City Attorney Joel Stern stated there is not. Mayor Coleman asked if Hyder Air was grandfathered or would they have to put up a solid decorative masonry wall and view -concealing landscaping. Interim Development Services Director Rudy Esquivias stated the current businesses would not be required to make any changes. Vice Mayor Surra commented i t is for new development only. Interim Development Services Director Rudy Esquivias stated i t is for new development or expansions of use. Nyder Air can exist the way i t is now. Mayor Coleman commented if they sold the land and the use were to change,then they would have to come into compliance. Interim Development Services Director Rudy Esquivias stated that is correct.If someone wants to buy the land and remove everything on the property and set up a new business,they would need to meet the requirements.If they continued the existing business, they would not. Mayor Coleman commented they would have to do that even if it were not rezoned;if they took everything down, they would have to comply with the current zoning. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 7 OF 21 Interim Development Services Director Rudy Esquivias stated that is correct.Undeveloped vacant properties would have to meet all the current requirements. Councilmember Durbala asked if they would have to comply with the new requirements if they wanted to license another type of business in addition to one already existing. Interim Development Services Director Rudy Esquivias stated the ordinance refers to mass building expansion.I t does not apply to increasing the intensity of use.It would only apply if additional buildings were constructed for the additional use. Councilmember Milkey requested Rudy to address the comment by Mr.Jenkins that the city had been working on this for 2 years without notifying the owners. Interim Development Services Director Rudy Esquivias stated he believed Mr.Jenkins was referring to the Meridian Redevelopment Area,which has been getting worked on for the last two years.Another one is the Downtown Redevelopment Area.Classifying an area as a redevelopment area is not rezoning an area.The redevelopment areas also involve public hearings.In a rezoning,there are certain minimum advertisement and notification requirements that they have to go through,and Mr.Jenkins or his company was sent all the proper notices informing him of the rezoning going on today.He had no knowledge as to whether Mr.Jenkins received notice of the redevelopment area,but that is a different process. Councilmember Dietz asked if this rezoning was just instituted a few months ago. Interim Development Services Director Rudy Esquivias stated that was correct. Councilmember Milkey asked that under condemnation proceedings,appraisals are generated and property values as well as loss of revenue due to business activities currently located on the property would be settled in court and awarded fairly to the property owner. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 8 OF 21 City Attorney Joel Stern stated i f there is a condemnation proceeding,the city would have to pay the property value as approved through an appraisal.There could be possible relocation costs.He is not aware of any condemnation public hearings having ever occurred for this particular area. Vice Mayor Surra asked if they had occurred for any particular area that had businesses currently on it. City Attorney Joel Stern stated they had not. Vice Mayor Surra commented she could not recall any either,and the city does not have the money to buy anyone's property. Councilmember Milkey commented he wanted to clarify that the city had no intentions of condemning anyone's property.However,if it was ever done,the current owners would get fair market value as well as relocation costs and lost revenue due to loss of business. City Attorney Joel Stern stated there are different appraisal values,different ways to evaluate a business. An accountant would have to be brought in as a special appraiser.It would be upon city proof through the appraiser and the property owner.The city would come up with its own values and it would be up to the judge to determine the value. Councilmember Urich asked why i t is not possible to take the uses out of the ordinance that the council does not wish to see there. Interim Development Services Director Rudy Esquivias stated i t is difficult to do.I t is probably easier to identify the uses they would want in an area.The council identified employment generating uses,sales tax generating uses,and things that would be compatible with downtown development.There are so many uses out there that could be potentially obnoxious uses that it would be such a long list i t would be easier to talk about what you want included.Historically they have REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 9 OF 21 set up the planned developments by establishing a palette of uses,not non- uses. Mayor Coleman asked if there was a provision for a request for a deviation from the list of uses. Interim Development Services Director Rudy Esquivias stated there is.If there is a compatible use not on the list,there is a process called the planned development amendment where someone could request a use not on the list.They could pursue that avenue i f i t is a use council deems appropriate. City Attorney Joel Stern stated the city did condemn one property since he has been here.It was for a right-of- way. Vice Mayor Surra asked i f it was for a road. City Attorney Joel Stern stated i t was for Ironwood. Vice Mayor Surra commented it was not to sell to another developer to develop a business. a road. was for Ironwood. was not. was the only one he could recall. was. City Attorney Joel Stern stated i t Councilmember Urich asked if that City Attorney Joel Stern stated i t Councilmember Durbala asked if a major amendment plan change requires a vote by the voters,or are there different circumstances requiring a public vote. City Attorney Joel Stern stated a public vote is required if there is a major amendment to the general plan. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 10 OF 21 Councilmember Durbala commented then this would require a public vote. City Attorney Joel Stern stated an election would be required.Our general plan came into existence at a time when no election was required.The law has changed so that any new general plan requires an election.A major amendment would require an election,but there is debate as to what is a major amendment.They may be looking at definition changes to the general plan to include what is a major and what is a minor amendment. Councilmember Durbala asked if we currently have a definition either way. City Attorney Joel Stern stated he believed they had good legal standing;there is now a statute defining what a major amendment is.However,there is no case law so certain words in the statute are "blurry". Councilmember Durbala asked how it would affect one of these properties if they wanted to apply for a straight zoning for a particular piece of property;if it would be a major amendment change. City Attorney Joel Stern asked what the general plan stated for the area now. Interim Development Services Director Rudy Esquivias stated i t is currently retail employment opportunity, so as long as the proposed use was within the category of employment retail, it would not need a general plan amendment.They may need a planned development amendment,which is basically like a rezoning. Councilmember Eck commented he thought they should agree with the planning and zoning commission.He believes the original intent was to protect Apache Trail because of a cattle trailer business going in for this area.They had talked about standards,and they already have standards for the area,and any new business would have to meet those standards.He is wondering what the rezoning will accomplish.He believes i t is easier to rezone vacant land than property that has already REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 11 OF 21 been built upon and in use for 20 plus to 30 plus years,and then try to come in and rezone it.He has never during his tenure on the council seen a rezoning where 100%of the property owners protested.He believes that if the individual bought the property,pays the property tax,gets a business license,and pays sales tax,then they have a right to be heard,they have a right to say what should happen to their property.He commented on Mr. Meade's statement about Cliff Axt,the real estate agent,who had later agreed with Mr.Meade on this section being dropped out of the rezoning.He added they talk about creating business for the community,creating jobs and everything,yet he feels they are fighting business and not supporting it.It should be a compromise.He believes they should drop this section of property. Vice Mayor Surra commented the standards set for this property are new industrial development,not new commercial development.She stated that if the city is going to be a friend to business,they need to try to bring in those businesses that would like to be guaranteed that they will be next to other retail establishments that are there.If the city continues with industrial,they will not feel comfortable purchasing in an industrial area if they want to locate in a commercial area. That is part of the reason for the redevelopment district.This area will eventually grow for our employment base.I t has nothing to do with the fact that there are certain uses that are in other industrial areas that the council does not like,i t is that the industrial area will allow a lot of obnoxious uses.By claiming this as commercial area instead,they will limit the obnoxious uses,especially those by the residential area.I t is the new development she is concerned with,because one person could buy up a number of small parcels and get i t large enough for a use in the industrial area that they would not like to see close to the very nicely developing Apache Trail and residential areas.She still believes the ordinance with its additional amendment,which lists the current uses,to include retail furniture sales, will assure the current property owners and businesses that the city wants them to thrive there and that other similar businesses will be what is going in there and not some of the other uses. Councilmember Urich commented she was horrified two weeks ago when they discussed some of the possible uses,and requested Rudy to reiterate those uses. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 12 OF 21 Interim Development Services Director Rudy Esquivias read the list of permitted uses under CI -1 and stated there is a whole list of other uses that are allowed in CB -2 and CB -1 zoning. including open storage yards and things like that. Councilmember Eck asked how much other property is zoned like that in the community. Interim Development Services Director Rudy Esquivias stated there is about 80 acres of light and heavy industrial at the southeast corner of Idaho and the freeway;Baseline Industrial Park;an area off 17th and Tomahawk that is zoned light industrial; and some light industrial properties on the north and south sides of Apache Trail. Councilmember Eck commented that there are a lot of other opportunities. Councilmember Durbala commented he is not following him. Councilmember Eck commented they could put up an adult shop anywhere else.He asked why they would put one there.There is no access;he could not see them spending money to put up a building there. Councilmember Durbala commented they could build them wherever they wanted because they are limited. Councilmember Eck commented they have plenty of opportunity to go to a better location. Councilmember Durbala commented he did not believe they would want to be in the industrial park because they would have no traffic.They would want to be where the traffic is. Vice Mayor Surra commented i t is hypothetical as to why someone would do that. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 13 OF 21 Councilmember Durbala commented i t is just called the common sense of a business.He believes that is why the one in Peoria moved over where i t is because they looked at the traffic they have there instead of the other location. Vice Mayor Surra commented she still does not want to make it easy for them to purchase land in an area so close to a very nice redevelopment area and residential area. Councilmember Durbala agreed. Mayor Coleman asked what the difference is between the standards in regards to landscaping,streets, gutters,and sidewalks for industrial and commercial. Interim Development Services Director Rudy Esquivias stated there is not much difference.The landscaping setbacks would go from 20'to 25'.The biggest difference is the amount of parking required for the different types of uses.There may be differences in building height,but they would probably not be going over 30'or 35'.There may be additional setbacks for multi -story.The heavier industrial uses require more buffering,being 50'instead of 25'to the property line.I t is also 50'for multi -story. Mayor Coleman commented the setbacks are greater for industrial than commercial. Interim Development Services Director Rudy Esquivias stated they are actually about the same.The heavy commercial and industrial are the same,the lighter commercial are less. Mayor Coleman commented he wished they had a better buy in from the property owners.He is not sure the city is gaining all that much by including this area,because if someone new comes in and buys the land,tears everything down and redevelops it,they would have to bring i t up to current standards which are not that different from the planned development here. Vice Mayor Surra commented she is not concerned as much for the standards as she is for the uses that would be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 14 OF 21 allowed.The uses are the reason for the rezoning,changing from industrial to commercial.The planned development will still allow all of the uses currently there,but it will not allow for heavier or less aesthetically pleasing uses that could come later.She does not know what could be asked for later,but i f i t is left industrial,they can ask for anything with practically no restrictions.The city would not have a leg to stand on because it would have no planned development overlay.They would have to let it go.It would not require any rezoning,public hearings or input from anyone.That is her concern.This allows people who have a use that may not be mentioned to at least have the right to come before council and say something is compatible,such as a greeting card store,and if the council agreed,they would get their allowance to be there.If an adult bookstore came before them,they could say i t is not a compatible use and not allow it there because the ordinance states i t has to be in an industrial area. Councilmember Urich commented that i t has not been changed,it cannot be. Vice Mayor Surra that is correct. They cannot just change every industrial area,they need to do i t area by area so that there will be appropriate places for them to go. Councilmember Durbala agreed. Vice Mayor Surra stated they should be looking at every industrial zone in the city to make sure that the development of the community has not changed to an extent where i t is no longer an appropriate place for industrial development to go.I t should be reviewed all the time.At one time there was no place where you could build a conventional site built home because we did not have any subdivisions;they had to come in with planned developments.As you grow,you change,and she sees this as a growth and protection for their future. Councilmember Eck commented he thought they were getting away from their original intention. Vice Mayor Surra commented they are not getting away from the original intention of the redevelopment district. I t has always been the intention to rezone.That was the time to ask questions. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 15 OF 21 Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1168 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. Vice Mayor Surra MOVED THAT ORDINANCE NO.1168,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE FIRST SENTENCE OF CONDITION OF APPROVAL NUMBER 11 BE REWRITTEN AS FOLLOWS:THE FOLLOWING USES SHALL BE PERMITTED IN THE C-3/PD ZONING DISTRICT ALONG THE NORTH AND SOUTH SIDES OF WEST APACHE TRAIL AS STAND-ALONE USES AND/OR IN STRIP RETAIL DEVELOPMENTS AS APPROPRIATE; AND THAT AS A NEW CONDITION OF APPROVAL NUMBER 12 BE ADDED TO READ AS FOLLOWS: THE FOLLOWING USES SHALL BE PERMITTED IN THE Cl,CI I GUESS THAT IS -1/PD ZONING DISTRICT NORTH OF WEST 4TH AVENUE AND SOUTH OF THE SAFEWAY/K MART SHOPPING CENTER,SPECIFICALLY THE PROPERTIES LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19;ALL OF THE ABOVE LISTED USES INTENDED FOR THE C-3/PD ZONING DISTRICT ALONG WEST APACHE TRAIL AS WELL AS THE FOLLOWING USES WHEN CONDUCTED WITHIN A FULLY ENCLOSED BUILDING OR SCREENED BY SOLID DECORATIVE MASONRY WALLS AND VIEW -CONCEALING LANDSCAPING: AIR CONDITIONING AND SHEET METAL SHOP;MANUFACTURED HOME PARK;RETAIL FURNITURE SALES;RECREATIONAL VEHICLE STORAGE AND CONTRACTOR STORAGE YARD; WHOLESALE/RETAIL CONTRACTOR SUPPLY SALES;RECYCLING CENTER;LUMBER SALES; PLANT NURSERY;USED CAR DEALERSHIP AND SHOP,SERVICE/REPAIR MUST BE CONDUCTED WHOLLY WITHIN A COMPLETELY ENCLOSED BUILDING;DRY CLEANING ESTABLISHMENT;SIGN SHOP;LIGHT MANUFACTURING/ASSEMBLING AND WHOLESALING PROVIDED THAT SUCH ACTIVITY DOES NOT CAUSE ANY SUSTAINED OR UNPLEASANT OR UNUSUAL NOISES OR VIBRATIONS,OR NOXIOUS FUMES OR ODORS THAT INTERFERE WITH THE USE AND ENJOYMENT OF SURROUNDING PROPERTY:CERAMIC/POTTERY STUDIO USING ONLY REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 16 OF 21 PREVIOUSLY PREPARED SAND OR PULVERIZED CLAY AND KILNS FIRED ONLY BY GAS OR ELECTRICITY;VETERINARY HOSPITAL WITH BOARDING;APARTMENTS;CONDOMINIUMS;AND TOWNHOUSES;AND THEN THE REST OF THE CONDITIONS SHOULD BE RENUMBERED ACCORDINGLY. Councilmember Urich SECONDED THE MOTION. VOTE:6-1 (Councilmember Eck voted in opposition.) Mayor Coleman commented he had struggled with this one,but he feels in this case there is a direct conflict with our ability to plan for quality development in the future.He has always tried to put forward that quality development is what is wanted in the future. He believes there are provisions in the ordinance that will allow a future use to go in that is compatible in the area. The motion carried. minute break. Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. 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 MANAGEMENT AUDIT OF PUBLIC SAFETY REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 17 OF 21 DEPARTMENT )Interim City Manager George Hoffman briefed the council on the item.He asked the council to direct him to issue a request for qualifications for a management audit firm.He will work with the city clerk and city attorney to review and issue the request for qualifications,seek and review the proposals,and return for council permission to enter into an agreement with an audit firm.A full overview was given at the work session last night.He recapped the proposed scope and rationale.The city is seeking to obtain a thorough,expert and impartial analysis of the operations of its police department to determine the extent and cause of any problem areas that may exist and receive recommendations or solutions for same.If deficiencies exist,the city wants to know what they are,know what the best practices in the nation are,and work to implement those practices within our department.The city desires a first rate police department for the near term,and a reasonable and effective plan with longer term issues in growth related matters.The future well being of the community will be directly impacted by the level of professional law enforcement services and will be ultimately measured by the department's effectiveness in providing a safe,secure community for the citizens.I t is imperative to determine what is currently being done and how it is being done,which will allow for a comprehensive plan to be developed and implemented to meet the community's future law enforcement needs. Vice Mayor Surra commented that she believes the council was hoping that they would be interviewing the final applicants and make the decision. Interim City Manager George Hoffman asked how many they would like to interview. Vice Mayor Surra stated the final three.I t appeared to be the consensus of the council last evening that they wanted to make the final decision.They will not put the final number to be interviewed until they know how many apply. City Clerk Kathleen Connelly stated they may want to make reference to that in the request for qualifications regarding the final interviews. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 18 OF 21 Interim City Manager George Hoffman commented they can just say that the council will interview the finalists. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE MANAGEMENT AUDIT OF THE PUBLIC SAFETY DEPARTMENT:AND THAT IS TO PREPARE AN RFQ FOR A RECRUITMENT OF A MANAGEMENT AUDIT FIRM OUTLINING THOSE THINGS THAT YOU OUTLINED IN THE SCOPE PRESENTED TO US IN THE WORK SESSION. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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,DECEMBER 2,2002,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY,AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 3,2002, IN THE CITY CONFERENCE ROOM. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmembers Eck,Dietz and Durbala and Vice Mayor Surra attended the Chamber Casino Night. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 19 OF 21 )Mayor Coleman adjourned the meeting at 8:32 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 5,2002. 3.Recognition of Outstanding Service to the Community by City Employees:Joe Ornellas and Roger Luth. 4.Appointment to Health and Human Services Commission for a term expiring on June 30,2003. 5.Approval of Professional Services Agreement with Dick and Fritsche Design Group (DFDG)to provide Architect and Engineering services for the City Hall/Magistrate Court Complex and for Master Planning services in an amount not to exceed $482.045. 6.Ratification of August 8,2002 Professional Services Agreement with Can -Am Engineering to perform "as -built"survey to acquire topographical data and cultural data as i t exists within and immediately adjacent to the roadways in the Crossroads Redevelopment Area in an amount not to exceed $35,245. 7.Approval to enter into an Intergovernmental Agreement between the City of Apache Junction and Central Arizona College for the purpose of donating three police vehicles to Central Arizona College for their use. 8.Consideration of Settlement Agreement in Haywood v.City of Apache Junction CIV 2001-2434 PHX SMM Settlement Agreement in the amount of $50,000 as required by law.Southwest Risk will be paying the $50,000 settlement as well as any defense costs. ACCEPTED THIS 3RD DAY OF DECEMBER 2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF DECEMBER ,2002. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 20 OF 21 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor 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 19th day of November,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of November,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19,2002 PAGE 21 OF 21