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HomeMy WebLinkAbout2001-03-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 20,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 20,2001,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 Eck gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Surra led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Dietz Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Library Director Pam Loui Interim Development Svcs.Director John Petroff REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 1 OF 20 Others Present:Management Assistant Shari Watson ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:LIBRARY EMPLOYEE SUSAN WALKER,LANA HAYES AND MARY -JOY ZUIK FOR EXCELLENT BOOK DISCUSSION GROUPS;AND RECREATION COORDINATOR LIZ LANGENBACH FOR HER DEDICATION AND DILIGENCE WHILE PERFORMING HER DUTIES;AND THAT THE AMENDMENT EXTENDING THE TERM OF THE MAINTENANCE AGREEMENT WITH EPITECH INC.AND THE DECREASE OF FEES AND CHARGES IN THE AMOUNT OF $8,093.56 TO BE PAID FOR THE MAINTENANCE SERVICES,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT;AND THAT THE AWARD OF BID FOR PROJECT PW 2001-04,PORTABLE AIR COMPRESSOR,BE AWARDED TO INGERSOLL RAND COMPANY IN THE AMOUNT OF $10,963.92. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating April 2001 as Fair Housing Month and presented the proclamation to Interim Development Services Director John Petroff. CALL TO THE PUBLIC Mr.John Surdock,675 S.Weaver Drive,Apache Junction,addressed the council regarding parking on a public street versus homeowners association CC&Rs.The streets in his association are public streets,and the association wants to impose fines to members and anyone else who parks on the public street.He would like a city representative to attend one of their meetings to give input on this. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 2 OF 20 Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding the use of the emergency clause.He does not believe i t should be used on a development agreement resolution.The emergency clause should contain why i t is an emergency,and economic benefits are not an emergency. The emergency has to be based on peace,health or safety.He does not believe this agreement meets the standards set by Arizona law to invoke the emergency clause.He requested the emergency clause be removed before the resolution is voted upon.If they do not remove it,he stated they must remove their disclaimer of knowledge of possible action against the measure as he is contemplating action against the measure if it is passed with an emergency clause. CITY MANAGER'S REPORT City Manager Curtis Shook commented the city is experiencing a weed problem. Code enforcement and the fire district are spending extra time on this.I t will be a fire hazard as they dry out.He urged everyone to keep their weeds down and that code enforcement would be enforcing weed control.The downtown visioning process has begun for the streetscape and street design of the central business district area.They are now going through the public input and public hearing portion to create an architectural plan for traffic control,median design,and street improvements.A number of people have attended and he urged more participation by the citizens in future hearings. He stated the annual Focused Future meeting would be next Tuesday night at 5:30 at the greyhound park.This has a lot to do with the economic development strategy for the community. PUBLIC HEARINGS PROPOSED RESOLUTION NO.01-04,AUTHORIZING THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WAL-MART STORES,INC.,AND DIRECTING STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE EXECUTION OF THE AGREEMENT )City Manager Curtis Shook briefed the council on the item.This is for an economic development agreement with Wal- Mart for a superstore to be located at the greyhound park.The city is starting to make headway in developing a fixed economic base.Previously,the largest employers were the government and schools.The city had a tremendous REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 3 OF 20 amount of leakage in the local economy as residents were having to leave to get basic goods and services.The city had an over -reliance on tourism.The city does not have a local property tax and i t does not want one.Jobs are needed in the community:a large segment of residents have had to drive long distances because the city does not have jobs here.The city has a need for goods and services that are only available outside the city,and a need for a permanent sales tax revenue to continue to provide quality services to a growing community.We need to have economic development in the central business district in order to make i t a central business district.There needs to be a commercial draw so that other businesses will follow. Indicators show that we are moving into a recession;this agreement with Wal- Mart will create up to 400 new jobs.Wherever Wal-Mart has gone in as an anchor,other businesses have followed.The city has already had inquiries from other stores looking to locate in the same general area.This will increase property value on Apache Trail,give convenient access to major retail goods and services and generate substantial new local tax revenues. Wal-Mart has agreed to use its own architect,engineers,construction contractor and funds to design,build,and construct the store and the on-and off -site improvements for traffic control,regional storm water drainage,and signalization.The number of cars will require a change in streetscape, widening of the roadway and additional signalization.The cost of these improvements,permits,development fees and interest is between 1.29 and 1.3 million dollars.Wal-Mart will advance this to the project.The estimated yearly sales tax is between $1.3 and $1.5 million,in addition to providing up to 400 jobs to the community.The city will pay back these costs over 5 years from the date the store opens from a percentage of the sales tax received from the store.He then described the exhibits in the agreement. Mayor Coleman commented i t looked like they had two Exhibit Cs. City Manager Curtis Shook stated C was copied in the packet twice,and D was not included in the original packet. D is the easement for the regional drainage system. City Attorney Joel Stern commented he thought there had been a mistake in the copying of Exhibit C.and that staff had not given them Exhibit D.He asked if the city clerk had the original. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 4 OF 20 Mayor Coleman commented he had the original.He called for a representative of Wal-Mart to address the council. Mr.Scott Spiers,3604 N.51st Place,Phoenix,a real estate broker with Eisenberg Company,addressed the council on behalf of Wal-Mart.He was there to answer any questions the council might have.There were no questions from the council. Mayor Coleman opened the public hearing on the item. Mr.John Waters,6687 E.Hacienda la Colorada,Apache Junction,addressed the council.He lives in the Gold Canyon area and he believes the Wal-Mart would be of benefit to the area.It would save him a lot of time and a lot of his neighbors agree with him. Mr.Ron Kill had completed a request to speak form but had already left the meeting. Mr.Leo Elhi,455 S.Delaware Drive, Apache Junction,addressed the council.He congratulated the mayor and council for the job done on this agreement.He is not opposed to Wal-Mart coming in,but the people in his condominium complex are concerned about the increase in traffic on Delaware Drive.The traffic could become intolerable if an entrance and exit are put on Delaware Drive. Mr.Gerald Longhi,10497 E.La Palma,Apache Junction,addressed the council.He lives in the area of Gold Canyon,and he would appreciate having the Wal-Mart here.There is not enough shopping currently in town,and he would like to keep his business in this area. Mr.George Diehl,653 S.Palo Verde Drive,Apache Junction,addressed the council.He commented he is proud to see the city enter into this agreement with Wal-Mart.Employment is needed out here for the youth and other people in the community.He congratulated the council and urged them to vote in favor of it. Mr.Howard Benyas,410 S.Lawson Drive,Apache Junction,addressed the council.He lives in one of the three REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 5 OF 20 residential properties along the south side of the fence of the old Greyhound property.He has been trying to get information on this project since July. He got a copy of the agreement today when he found out about i t at the work session last night.No one from the city,Wal-Mart or Greyhound Park has returned his calls to date.He is concerned with the property division. There appears to be a buffer between his property and that of Wal-Mart, amounting to about a couple hundred feet.He wanted to know if a block wall would separate his property from the track property.He is concerned that Wal-Mart will allow RV customers to park overnight back there.He is also concerned about the retention area there and i f it will be respected.I t appears Wal-Mart is to have a 1.7 acre square of retention area,but he is confused over whether Wal-Mart or the city will maintain the retention area. If it is not maintained,when the floodwaters come,he and his neighbors along Lawson,Warner,Pinal,Cedar and Smythe will be affected,plus people in the East Mesa area.He requested council not act too quickly on this agreement without going over these issues. Mr.Rene Lesieutre,3400 S. Ironwood,Apache Junction,addressed the council.He has been hearing about Wal-Mart for years but he has been unable to get any information on i t until now.As a real estate agent,he is happy to see businesses coming in and expanding,such as Pizza Hut and Fry's commercial subdivision.He would even be happy if a new bank came into the city.Though he would lose some business,the competition is good for the city.He welcomes Wal-Mart.I t will create jobs and revenue for the city.He is happy to see that the residents are for this as usually they come out and say "not in my backyard". The residents are basically concerned about how the city will handle the traffic and other items.He commented he could assure the residents that the city is very diligent in the work i t does and it will be done correctly,as he has had experience with them on the construction of the Chamber of Commerce building. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He stated it was curious that the city manager would talk about the property values increasing around the super Wal-Mart.He also finds i t interesting that upscale areas such as Gold Canyon are happy to see Wal-Mart come to Apache Junction.He does not like the emergency clause on the agreement,and he has not read the agreement yet.He again urged the council to consider e -commerce,and queried what the implications were with Wal-Mart partnering up with Amazon.com.K Mart was REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 6 OF 20 once the rage and look at i t now.He urged the council to consider what protections were available to insure the investment. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He was concerned that Item 58 on page four of the agreement might interfere with the planning and zoning process.There have been no public hearings on this item before this evening and comments from the public may lead to a final result different from what is stated.He does not think the council should commit to this without such public hearings.He commented he was uncertain over who would be paying for the infrastructure,especially the maintenance of it.He asked what is customary and typical for a developer of a property to pay for the infrastructure improvements,and if it would be normal for the developer to pay all of those costs without being reimbursed by the city.He asked if he could get an answer to that question now. City Manager Curtis Shook stated there is no rule of thumb.Rebated sales tax revenues have been offered by Phoenix,Chandler and Tempe for up to ten years,and for no consideration. Development agreements vary by community.In this agreement the city has an obligation to make sure that the public health,welfare and safety is taken care of.A majority of the $1.3 million will go towards directing regional storm water drainage,plus traffic signalization,the widening of appropriate roads,and the addition of acceleration and deceleration lanes.There is no set formula for these agreements;it depends on what kind of agreement is put together. Mr.Tom Schuelke commented he had stated in the past that he does not like paying for development.He warned the council that,in the short term,if they are rebating 50%of the sales tax revenue to Wal-Mart over four years,unless there is a substantial percentage of new business or out -of -city business brought into the city,than the revenue collections will be less than what they would have been without Wal- Mart over that time period.If people shop at Wal-Mart instead of Food City, Safeway and K Mart,than the city will receive 50%less tax revenue then i t received before.He was concerned about the claim that the Wal-Mart would increase property values;if so,then these centers should not face opposition in other cities.He believes these claims are suspect.He thinks Wal-Mart could possibly lead to the shutting down of K Mart and some of the grocery stores on Apache Trail.He suggested Wal-Mart should be built along US 60, REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 7 OF 20 and requested the city direct Wal-Mart inquiries there.Wal-Mart may also defeat the goal of creating a pedestrian friendly downtown,in addition to small business development.He stated he has more of a problem with the use of the emergency clause on the resolution than with the specifics of the resolution itself.He requested they remove the emergency clause,and that they delete Section 9A on page six.He does not think the latter belongs in this contract. Mr.Gerald Longhi addressed the council to clarify that though he does live in the Gold Canyon area,he considers himself a resident of Apache Junction.This is where he does all of his business,and many of his friends and neighbors feel the same way.He commented he would like to see his area incorporated by Apache Junction someday. Mrs.Joyce Benyas,410 S.Lawson, addressed the council.She asked when the details would be out before the council actually does any voting on this.She was concerned about the retention basin,the water,the sewer,and what the project would look like. Vice Mayor Surra commented the agreements are based on if and when a building is constructed.The agreement contains limitations and restrictions on what the city is looking at.When they go to build,then they will go through the permitting process wherein all the other things,the preliminary plans,the final plans,the landscaping plans,will be looked at. Mrs.Joyce Benyas asked if they would look at those things before they vote on this agreement. Vice Mayor Surra stated that will happen before the construction of the building is done.They will vote on the agreement tonight.There already is a process in place for the construction and anytime they do not meet the standards,the construction is stopped. City Manager Curtis Shook commented the property is already commercially zoned and the Wal-Mart is appropriate for the zoning.Her concerns and the others concerns are well taken,and there are specific standards that will be applied.Those things have been measured as part of the development agreement.He gave a brief description of the REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 8 OF 20 regional storm water system that would be included.If other things develop around the site,the above ground storage area will become part of the larger, professionally designed regional storm water system.This agreement has taken into account the storm water,the traffic and the widening of the streets. Vice Mayor Surra commented she believes the residents want to see the plans.As the plans are developed, they will be made available.However,the plans cannot be developed until there is an agreement. Mrs.Joyce Benyas asked if they would be approving the agreement without any plans. Vice Mayor Surra stated they are not approving the building,they are only approving the agreement to develop the site. Mrs.Joyce Benyas asked if this Wal- Mart would put the one out of business that is down the road in Mesa. Vice Mayor Surra commented they would not know about that.If the competition does that,then that will happen. Mayor Coleman commented he would like for the public to come up and express their concerns,ask their questions,but not turn this into a debate.He would like the council to jot down their questions to ask staff during the council's time to speak. Mrs.Joyce Benyas stated she had no more questions. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Insalaco commented he had done his own personal survey to try to determine what small businesses this Wal-Mart would hurt in this community.The city does not have a sporting goods store or a shoe store.It does have a Boot Department,but he could not REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 9 OF 20 see himself buying boots at Wal-Mart,as he wants the good pair of boots he can buy at the Village Bootery.Wal-Mart should not hurt Safeway,Fry's or Bashas'.He could not find any services that Wal-Mart would hurt.The city currently does not have the services that Wal-Mart can provide,so we are in a different situation than most other cities. Councilmember Durbala commented he believes the people do not understand the agreement;they think the council is approving all the plans for construction and the building is going to start. The agreement is nothing more than Wal-Mart and the city agreeing as to the certain types of services Wal-Mart will provide to the city as a whole.The agreement refers to different laws and ordinances that are already on the books that Wal-Mart will have to follow.I t is not the case where the city signs the agreement and the building goes up tomorrow.They must follow the agreement and the applicable laws for each section in it,such as landscaping and screening. Councilmember Insalaco added motor homes. Councilmember Durbala stated that is not in the agreement,but i t is already in our other laws about motor homes being parked on lots.There are ordinances in effect that will get the building constructed the way i t is supposed to be.The agreement talks about the infrastructure and when certain parts of the drainage system will be dedicated back to the city.This is why the city is giving them a rebate on the sales tax.Mr.Fisher commented we should not be doing this,but all communities do this to attract larger businesses.Once the anchor is in,the area will develop.There could be a Sam's Club or Costco that comes in, restaurants and other types of stores.The purpose of this agreement is to get something started.Wal-Mart could have come in and just gone through planning and zoning because the property is already zoned for this.With the agreement,the city gets the best of the deal as Wal-Mart is constructing the drainage system of which the city is in desperate need of.The city is not paying this money up front;Wal-Mart is.This is an agreement;the other is the actual building plan and building permits.They have to follow certain chapters,subsections and applicable laws for those plans and permits.The agreement gives the city a little more right to make sure things are done properly.After the agreement is approved,which he is for,then the permitting process will begin,along with the building plans.The city REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 10 OF 20 actually gets a little more out of Wal-Mart through the development agreement than it would have through the normal process. Mayor Coleman commented he would be concerned if he lived in the area,too,and the council is not insensitive to the concerns.However,i t is unfair to require Wal-Mart to come up with architectural designs and specific plans which would cost hundreds of thousands of dollars without the city's commitment that they would be allowed to develop on the site.That is what the agreement is for this evening.The plans,retention,and everything else will be planned in detail and it will go through the process to make sure there is a buffer area between the residential and commercial sides. Councilmember Eck stated the council is here to protect all of our citizens in our community from such a concern. They do not want to create a further problem.The ordinances the city has on water retention should prevent the citizens from being affected and flooded out.Hopefully,this will be a better solution in the long term.Mr.Ehli had a concern about traffic on South Delaware,but he believes the city is going to increase the lane size on that street. Public Works Director Doug Dobson stated it will be widened,but not immediately.I t is part of the development. Councilmember Eck commented the city intends to address all of the concerns as much as possible.It will not throw in a big box retailer and forget about the residents.They will work with the residents.He added he is tired of driving to Power Road to do his shopping as that is where they have the products that he needs.He shops locally when he can,but he wishes he could shop locally all the time.There are small businesses he shops at in the city that he will continue to shop at after Wal- Mart is built.He believes there may be some grocery stores that will have lower sales,but if they stand fast,they should recoup that.He does not want to go to another community to spend his dollars.He commented that Wal- Mart would definitely help the quality of life here,and i t is a good location.The other communities that have had uproars over Wal-Mart coming in have tried to put them next to newly -created subdivisions.They are trying to turn residential into high -density commercial.This is already commercial. He could not imagine any more cars here than has already been there for the REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 11 OF 20 full scale Park 'N Swap meets held in the past.He believes i t is the council's responsibility to create local employment.He does not work here but he wishes he did,and he thinks 400 new jobs is great.He commented the city is only so wide,and if they do not come here,then they could just go past the border as others,like Home Depot at Crismon and Southern,have done. We need to get these businesses in the community. Councilmember Dietz agreed.The city is looking at 800 to 1,000 employment opportunities with the addition of Wal-Mart,Earnhardt's and the hospital.He added this would only be a five minute drive to work and back,without having to fight traffic.The economic development this will provide the city will be phenomenal.It will provide assistance for police protection,parks and recreation,libraries,public works,roads,and maintenance that will benefit the citizens of the community. The $1.3 million over five years could be paid back in the first year of the agreement.The city and the community will be reaping the benefits.This is nothing but a plus all the way around. Councilmember Urich commented she had heard in the community that some believe some of the smaller businesses will go out of business.She does not agree.Wal-Mart,though they have a greeter,does not have employees that follow you around the store.At the smaller businesses,there's usually someone to greet you and offer to help you.Some people like this personalized service.She does not think Wal-Mart will affect the smaller businesses like some people think.With Wal-Mart coming to town and other businesses that will follow,there may never be a need for a city property tax.She will do everything she can,along with the rest of the council,to avoid having a city property tax. Councilmember Eck asked about the acceptance mentioned on page six,item seven,to see if the city would only have the authority to go in if needed. City Manager Curtis Shook asked i f he meant "A". Councilmember Eck stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 12 OF 20 City Manager Curtis Shook stated this language is typically used in commercial and residential subdivisions. I t is used to construct the curb,gutter,sidewalk,landscaping and easements and other improvements that will be dedicated to the city once the subdivision plat has been accepted.Once the improvements are here,traffic control, widening,acceleration lanes,deceleration lanes,are done and the project's complete,the improvements would be dedicated to the city for the city to maintain."B"would be regarding the permanent drainage. Vice Mayor Surra stated she wanted to encourage all the councilmembers not to strike the emergency clause.One of the primary reasons they use the emergency clause is because they are interested in making sure that everything progresses smoothly,quickly and expediently for the public health and safety.She believes economics is part of what they provide for public health and safety because it gives the revenues for the city to carry on business,which includes police,recreation, other health and human services that come out of our operation budget,and,in some cities,fire.These things are important to us.She does not want to see anything slow this agreement that could slow the closing of escrow on this account,slow the construction,and slow it from coming into being.The city needs this money quickly;she would like to see the building up as soon as possible. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.01-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT WITH WAL-MART STORES INCORPORATED, AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE EXECUTION OF THE AGREEMENT,AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 13 OF 20 Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS STREET UPDATE )Public Works Director Doug Dobson briefed the council on the item.Four streets in the city are being worked on at this time:Superstition,Broadway,Ocotillo,and Saguaro.This will cause delays and bad driving conditions.Twenty-one of thirty-three bond projects have been completed,and three are in progress.Several other projects are being worked on,such as the Phelps signal improvement,the Broadway water main,the lowering of utilities on Superstition,the Ironwood project,the CDBG flat work projects,and the Phelps deceleration lane.Plans and bids are being worked on for the Winchester project,the storm water master plan,the paving of Mountain View,and the design of Cactus Road.The street striper has been ordered and should be delivered by mid -September. Mayor Coleman asked if they could rush the order on the street striper. Public Works Director Doug Dobson stated they will try to repair the current striper:if they cannot,they will bid some of the section line streets and have a contractor come in and stripe them.The city cannot let it go any further. Mayor Coleman commented he has seen a street that was not of the quality that he was accustomed to. Public Works Director Doug Dobson stated they worked on the striper last week,doing a trial run on Baseline, but he was not satisfied with it.If they cannot get i t fixed this week,they will get a contractor.They will be using 3M tape on Phelps for its striping. Councilmember Eck commented it would be a good idea to use a contractor until the city can get its own striper. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 14 OF 20 Public Works Director Doug Dobson commented i t is especially needed on section line streets. Councilmember Dietz commented some are in such bad shape that you cannot see anything,even in daytime. it was especially dangerous at night time. Councilmember Durbala agreed,adding Mayor Coleman closed the discussion and moved on to the next item. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS Councilmember Insalaco asked to look into and see if there is a problem at Renaissance Park with the parking on the street.He would like to see if they have the authority to put up signs and give out tickets.If those streets are dedicated public streets,he would like to know what kind of authority they have on those streets. Vice Mayor Surra asked staff to return with what responsibility the city has to enforce CC&Rs. Councilmember Dietz asked that we respond with a letter to John Surdock. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS PROPOSED USE OF STATE LAND FOR OFF -HIGHWAY VEHICLE RACING COMPLEX )City Manager Curtis Shook briefed the council on the item.The initial proposal had been sent to the county on this item.As the city only has a few weeks to respond,a letter was drafted from staff that might reflect the council's concerns.It was put on this agenda for any additional concerns or measures. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 15 OF 20 Councilmember Durbala stated Supervisor Sandie Smith had given him the information on this,as the original letter went to her.He is concerned because this land was annexed from the state about two years ago and they had asked the city to change specific areas of the general plan in order to comply with them.They should have a copy of this,and now they want to have the low residential zoning changed to allow for a lease of this property for dirt track racing.The area is all low density zoning,from 0 to 1 per acre.A letter needs to be sent stating why the city does not want this in the community,because i t is not consistent with the general plan and it will actually cause more pollution in our community since we are in the attainment area now.He was told the reason why this site was chosen is because the land is worth less here than in Maricopa County.These areas need to be addressed.He believes the letter should state the city is not in consensus with this,i t is not in our general plan structure,and though it would be nice to have something like this out here, this is not the area he believes i t needs to be in.He is concerned since this land would be leased,it would have a hurricane fence,outhouses,and probably no structures.There are potential developers that are looking at buying that state trust land in that area,and he is concerned about what they would think of a dirt track within 2 or 3 acres of their property,causing dust and noise.The bikers may still tear up the desert out there when they get tired of racing on the track.The state needs to be aware that this land was zoned residential,not commercial.There is commercial property in the southern part that was annexed. letter did say all those things. letter has not been sent yet. the letter that they have a copy of. Vice Mayor Surra asked if this Councilmember Durbala stated the Mayor Coleman stated they did send Councilmember Durbala stated they need to send a letter including all the things in there in addition to all the things he said.If something is not done fast,the city will have no control over it. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 16 OF 20 Vice Mayor Surra asked if he wanted a letter from the council,not just from the development services director. Councilmember Durbala stated he wants one directly from the mayor with the direction of the council.He would also like to send a copy of the new general plan,and copies of the meetings where the city had to change certain areas of the general plan at their request.They said they wanted more trails in the trust land.The city tried to work with them;they should now work with us. Mayor Coleman commented he believes the state has an obligation to look at requests that come before them.This may not necessarily mean the state is in favor of it. Councilmember Durbala stated he wants a copy of the general plan sent to them so they are aware of how the area is zoned. Councilmember Eck commented they have new employees down there and they may not be familiar with past discussions.He will not criticize the applicant as the state accepted their application.If he was looking to build a dirt track,he would look at the area of the landfill.They do not know the city's plans.He suggested staff inform the applicant of a better location if one is available.It may not necessarily be in the community.He believes there is a need for what they are applying for,but i t needs to be in the right location. Councilmember Dietz agreed with Councilmember Eck.There should be an area for off -road activities,but the area needs to be located. Councilmember Durbala stated they could tell state trust land that Apache Junction land is worth as much as the other land and to put i t over in Maricopa County. Vice Mayor Surra commended Development Services staff in getting a response letter out to the lease administrator.She agrees it would be wonderful to have a place in the area for these types of races,but she has major concerns about anything that will raise dust in this area due to the city being made part of the non -attainment REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 17 OF 20 area.The city is already being penalized for being part of that area,and no matter where this is put it will create a dust problem.Wherever this is located,restrictions will need to be in place for what will be allowed out there.The amount of dust will be part of that consideration.She is not for any kind of portable lavatories. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING PROPOSED USE OF STATE LAND FOR OFF -HIGHWAY VEHICLE RACING COMPLEX:THAT THE MAYOR SIGN A LETTER, BASICALLY ADDING FIVE THINGS THAT WERE IN THE LETTER FROM DEVELOPMENT SERVICES AS WELL,A LITTLE BIT HARSHER IN SAYING THAT WE FEEL THAT BEING IN THE AIR CONTAINMENT QUALITY WOULD AFFECT THIS,ALSO,WE FEEL THAT WITH THE DEVELOPMENT THAT IS BEING PARTIALLY DEVELOPED NOT TOO FAR FROM THERE,THE INTEREST IN THAT,BRINGING THAT INTO THE LETTER;AND ALSO SENDING A COPY OF OUR GENERAL PLAN AS WELL AS OUR MINUTES FROM THE MEETINGS WHEN THE STATE TRUST LAND ASKED US TO CHANGE CERTAIN AREAS AND WE WERE VERY AGREEABLE AND ACCOMMODATING TO THAT;AND THEREFORE ASKING THEM TO BE A LITTLE BIT MORE ACCOMMODATING AND LOOKING AT OUR GENERAL PLAN WHEN;AND THEN ALSO ASKING THEM TO MAKE SURE THEY CONTACT US INSTEAD OF THE COUNTY FOR THAT AREA FROM NOW ON SO THAT WE ARE ON TOP OF IT RIGHT AWAY. Vice Mayor Surra 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 WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,APRIL 2,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 3,2001, IN THE CITY CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 18 OF 20 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman commented there is a bill in the state legislature to correct the problem of councilmembers not being able to talk during this section. Currently they have to submit any comments to the mayor before we get to this section in order for any of their comments to be recognized. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:40 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 6,2001. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Susan Walker:Lana Hayes:Mary -Joy Zulk:and Liz Langenbach. 4.Approval of Amendment to Maintenance Agreement with epixtech,inc. extending the term of agreement and with a decrease of fees and charges to be paid for the maintenance services for the Library's automated library system. 5.Approval of Project No.PW 2001-04,Portable Air Compressor,to Ingersoll Rand Company in the amount of $10,963.92. ACCEPTED THIS 17TH DAY OF APRIL ,2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 19 OF 20 SIGNED AND ATTESTED TO THIS 17TH DAY OF APRIL ,2001. ATTEST: d 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 20th day of March,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of April,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 20,2001 PAGE 20 OF 20