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HomeMy WebLinkAbout2001-07-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 17,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 17,2001,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 Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz 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:City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Dean Svoboda REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 1 OF 23 Others Present:Senior Planner Rudy Esquivias Commander Steve Francis Management'Assistant Shari Watson • Assistant Planner Juli McDald ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:THE PARKS & RECREATION EMPLOYEES FOR THEIR SPECTACULAR FIREWORKS DISPLAY ON THE FOURTH OF JULY EVEN THROUGH THE RAIN;PUBLIC WORKS EMPLOYEES DAVID HARWELL,FRANK GRANILLO,TOM TENNANT,RICK BRITTON AND TERRY JOHNSON FOR THEIR ASSISTANCE IN MOVING KEN SIMPKINS TO THE CHAMBER BUILDING;AND MIS SUPERVISOR BRIAN TSCHUDY AND MIS TECHNICIAN TOMMY NORRIS FOR THEIR ASSISTANCE,PATIENCE AND TIME IN ORGANIZING KEN SIMPKINS'TELEPHONE AND COMPUTER NEEDS;AND THAT APPROVAL BE GIVEN TO REJECT ALL BIDS FOR PROJECT PW 2001-07,CONSTRUCTION OF CURB,GUTTER,VALLEY GUTTER,SIDEWALK,SIDEWALK RAMPS,DRIVEWAY ENTRANCES. •STORM DRAINS,CONCRETE SPILLWAY,SCUPPER HEADWALL,CATCH BASINS,RCRCP AND CMP PIPE ON BROADWAY AVENUE FROM MERIDIAN DRIVE TO IDAHO ROAD DUE TO SEVERAL ANOMALIES ASSOCIATED WITH THE BID;AND THAT THE AWARD OF. BID FOR PROJECT PW 2001-10,INSTALLATION OF GUARD RAIL AND OTHER RELATED MATERIALS AT HEADWALL LOCATIONS NO.2 AND 3,ON OLD WEST HIGHWAY BETWEEN WICKIUP ROAD AND CORTEZ ROAD,BE AWARDED,TO ARIZONA HIGHWAY SAFETY SPECIALISTS,INC.IN.THE BASE AMOUNT OF $50,,.685.00 PLUS AN ADDITIONAL 10%IN THE AMOUNT OF $5,068.50 IN THE EVENT OF UNFORESEEN CHANGE ORDERS,FOR A TOTAL AMOUNT OF $55,753.50,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02;AND THAT APPROVAL AND AUTHORIZATION BE GIVEN TO EXPEND UP TO $25.000 FROM THE PARKS AND RECREATION DEPARTMENT'S OPERATING BUDGET FOR DESIGN SERVICES FOR CAPITAL FACILITIES IMPROVEMENTS,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001/02;AND THAT APPROVAL AND AUTHORIZATION BE GIVEN TO SPEND IN EXCESS OF $10,000 (NOT TO EXCEED $100,000)THROUGH STATE CONTRACT WITH BAKER AND TAYLOR,INC.FOR • LIBRARY MATERIALS,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001- 02;AND REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 2 OF 23 THAT THE AWARD OF BID FOR PROJECT NO.PR -01-03,PROFESSIONAL SPORTS OFFICIATING SERVICES,BE AWARDED TO SOUTHWEST OFFICIALS ASSOCIATION IN THE AMOUNT OF $16.50 PER GAME,SUBJECT TO CITY COUNCIL APPROPRIATION OF FUNDS FOR FY 2001-02;AND THAT RESOLUTION NO.01-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR A SMALL AREA TRANSPORTATION STUDY,BE APPROVED;AND THAT APPROVAL BEIGIVEN TO ENTER INTO AN'AGREEMENT WITH EARTH TECH,INC.IN AN AMOUNT NOT TO EXCEED $108,865 FOR PREPARATION OF DESIGNS FOR TRAFFIC SIGNALS AT SUPERSTITION BOULEVARD AT IDAHO ROAD,DELAWARE DRIVE AT BROADWAY AVENUE, IRONWOOD DRIVE-AT BASELINE AVENUE,AND CURB,GUTTER,AND SIDEWALK ON ROYAL PALM ROAD FROM OLD WEST HIGHWAY TO SOUTHERN AVENUE,SUBJECT TO CITY COUNCIL APPROPRIATION OF'FUNDS FOR FY 2001-02;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO EXECUTE THE AGREEMENT,PENDING -APPROVAL OF THE CITY ATTORNEY;AND UPON THE REQUEST OF COUNCIL,COULD WE MOVE ITEMS 14A AND 14B TO JUST AFTER "H" ON PUBLIC HEARINGS,JUST AFTER ITEM 12. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Parks & Recreation Director Jeff Bell updated the city council on the capital facilities plan projects.Perimeter security fencing for the skateboard park will be going up next week.Construction staking has already started.The Maricopa County Flood Control District has thrown in some last minute engineering requirements that need to be fulfilled before a permit can be issued to construct within their easement.The issue should be resolved without any significant delay.Completion is slated for October or November. The swim center drawings are complete and.have been submitted to all reviewing agencies.It will be bid out nextmonth and awarded in September. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 3 OF 23 CALL TO THE PUBLIC Mr'.Elliott Fisher,547 E..Quail,Apache Junction,Greater.Apache Junction Association for_Effective .Government,addressed the council regarding newspaper article in,the Tribune that had incorrectly included the mayor's picture in i t :,his ongoing court case against the capital facilities plan,his concerns with city elections -,and transportation studies and issues Mr.Tom Schuelke,1889 S.Palo Verde,: Apache Junction,addressed the council regarding items he would like to see removed.from -the-consent agenda for public Comment,his comments beingsUmmarized;and his 'suggestedsolutionAo a tax situation he believes inequitable regarding manufacturedihousing.He. also urged staff tbreviewtheJables he gave to council for any discrepancies and urged the council not to implement the use tax; Councilmember Durbaja6commented_Mr.Fisher either does not receive his mail or his lawyer does not keep i n contact with him.The repeal on the retabulation was dismissed by.the.courLof appeals last week. Vice Mayor Surra had a statement for Mr. -Fisher for the record:"I'm always amazed at the depth of misunderstanding of Mr.Fisher.And,indeed,this,time I havEtome to believe that his threatening and his vociferous loquaciousness is merely an indication of the obvious minus percentage of his insignificant intellect,and so I pay him little mind." CITY MANAGER'S REPORT City Manager Curtis Shook commented:the city had written several letters to the City of Phoenix regarding the proposed landfill:site.I t is clear that the City of Phoenix got the letters:He spoke to;the Phoenix city manager who then called for their public works director..They :are in the middle section of a study on landfills.The first section' identified possible sites using various criteria:The middle section involves an in depth analysis and he has been told the Apache Junction site looks less likely than others.The list Will be narrowed down to 3 or 4 by the fall.They will hold public hearings at that time in the areas of those sites: .Unless they are asked to have a public hearing,he recommends no further action.. In addition,the Federal Aviation Administration has an update on overflights noise in the area.Our mayor and others signed a letter asking for an REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 4 OF 23 extension on the comment period on the Northwest 2000 flight plan.Our staff and the consultant are taking part with the east valley in discussions regarding any plans.Certain flight plans are being pushed that have as little effect as possible on all east valley communities. PUBLIC HEARINGS PROPOSED RESOLUTION NO.00-32,DECLARING . AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CITY OF APACHE JUNCTION TAX CODE AMENDMENTS ON THE USE TAX",WITH THE EMERGENCY CLAUSE;PROPOSED ORDINANCE NO. 1140,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CITY OF APACHE JUNCTION TAX CODE AMENDMENTS ON THE USE TAX",WITH THE , EMERGENCY CLAUSE •)City Clerk Kathleen Connelly briefed the council on the item,specifically the changes in the Model Tax Code.The Arizona Department of Revenue did not make any changes during the last legislative session regarding certain issues.As a result,the League of Arizona Cities and Towns is going ahead with the Model Tax Code changes that would take manufactured housing and put i t under the contracting category. She described the process for this change to occur,and i t should be at its final phase this fall.If the use tax is passed this evening,it would have an effective date of October 1,and they could be back in November asking the council to undo that due to the changes in the Model Tax Code.From a business and expense prospective,she requests they postpone or continue this action until all the other changes have had their chance to work through the process.They could then look at the changes to the Model Tax Code and then see how the use tax pertains to other items. Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked how exclusionary is the city allowed to be on the use tax. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 5 OF 23 City Clerk Kathleen Connelly stated the city does not have the ability to do that. Vice Mayor Surra asked if it is always by dollar amount. City Clerk Kathleen Connelly stated i t is by dollar amount;it must be a single item over $1,000.It must be purchased for use,consumption or storage in the city. room set would be considered one item. uncertain how to answer. Vice 'Mayor Surra asked if a dining City Clerk Kathleen Connelly was Vice Mayor Surra stated they could be purchased separately but they usually ring them up together as a set. City Clerk Kathleen Connelly commented Councilmember Eck had earlier asked a question about the purchase of a refrigerator.For the average individual who purchases a refrigerator or a dining room set,the city would never know it.We have no ability to track it.However,if these items were purchased for a rental property,making it a business purchase,and the city does an audit for sales tax purposes,then i t would also do a complimentary use tax audit.Those items would then be discovered.Motor vehicles,boats,and motor homes,things that have licenses,are tracked through the Department of Motor Vehicles and are reported to the Department of Revenue,who then contacts the individual to pay the use tax. Vice Mayor Surra commented i t is because i t is discretionary and discriminatory regarding purchases that she has a problem with the use tax.If it cannot all be tracked,she is not sure she is a proponent for the use tax.She hopes the Model Tax Code is adjusted so the city can get those items taxed.She is not interested in inventorying peoples'residences. City Clerk Kathleen Connelly stated that is not something the city would be doing. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 6 OF 23 Mayor Coleman commented if the manufactured homes were placed under contracting they would be treated like a site built home.It would not matter where i t is built but where i t is sited. He asked if she talked to an industry representative today. City Clerk Kathleen Connelly stated she and the city manager talked with Scott Butler and he assured the city that they were ready to support these changes. Mayor Coleman commented they would have no opposition. Vice Mayor Surra commented that is fair because manufactured housing is becoming a fine alternative for site built homes.They should be assessed the same way.She also understands about a vehicle being purchased out of state and being brought into state and then having to pay the tax difference.She agrees with the use tax there, however,this use tax encompasses much more. Councilmember Eck commented he has never liked the use tax from the start.He does not believe they should create something that is unenforceable.He also hopes the Model Tax Code changes go through,as he believes 90% of the use tax would have been that collected on manufactured homes. Mayor Coleman commented it would not matter if it was purchased in the county or in Mesa.With the use tax,i t would matter. City Clerk Kathleen Connelly stated that is correct unless there are some other changes made. Mayor Coleman opened the public hearing on the item. Ms.Susan Brenton,Executive Director for the Arizona Association of Manufactured Homeowners,addressed the council.They represent 25.000 people state-wide.They are opposed to the use tax because of the enforcement issue.She asked how they would track motor vehicle purchases and if these people would be billed later for the use REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 7 OF 23 tax.She asked if they would be getting large appliance retail sales records to check for payment or if they would be offering a whistle blower's fee.By law they would have to go after everything that should be taxed.They believe all personal consumer goods should be removed from the.use tax.She urged the council to reconsider the generic wording in the Model Tax Code and reconsider the ordinance. Mayor Coleman asked how the use tax is applied in Tempe where they are located. Ms.Susan Brenton stated she does not know as she does not live in Tempe. Mayor Coleman commented he thought she would be at every council meeting. Ms.Susan Brenton stated she has been out here once a year and she has only been to three or four other councils. Mayor Coleman stated Tempe has already implemented it.She is asking how Apache Junction is going to enforce i t and other communities already do it,including where their headquarters are located.He commented there must be a way to enforce it. Ms.Susan Brenton stated she has received some tax statements in the past for her large business machinery and equipment.She has no problem with that as i t is a business.But she does not like having choices of where she can go buy her personal goods taken away. CouncilmeMber Dietz commented.it is the same use tax and Model Tax Code in the City of Tempe and the other cities that have the use tax. Ms.Susan Brenton stated they will probably be talking with each of them,too.There should not be much of a problem with manufactured housing.Ninety percent of the homes sold today are going onto privately owned land,with about 93% of those in county areas. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 8 OF 23 CounCilmember Dietz commented the City of Tempe also charges the use tax on any personal items over $1,000..He is also curious how they enforce it. Mr.Donald Behrens, .President of the Arizona Association of Manufactured Homeowners,addressed : the council to oppose:the use tax.It will hurt consumers who buy their personal property in an area that does not charge a sales tax:The retailers realize i t is good - business sense.The manufactured housing dealers are no longer in the city because they realize their customers ,are on a limited income.He urged:the council to oppose the tax.: Mr.W.Dean Thorpe,1615 N.Delaware Drive,Apache Junction,addressed the council:He commented everybody ."jumps on the bandwagon"when a new way to tax is determined.Hecommented -trying to figure out how to process i t and collect it will cost More -than:what is collected.Also,raising taxes:reduces taxable income;i t is self -defeating- and will drive people out of the area.People should not be penalized for buying outside the city.He urged the council to vote no on the use.tax. ,Mr:Elliott Fisher,547 E.Quail, Apache .Junction,addressed the council.He believes i t is a bad idea,. including a politically bad idea as he, may be in the mood for a:recall on December 6.I t is also restraint of trade.The ability to pay the tax should also be figured into any kind of tax imposed:in the city,and other communities may have higher median incomes. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council_The.change in the Model Tax Code would improve the code but he does not think:they should:pass the use tax.He urged the council to vote i t down.His comments. regarding development fees and the requirements to consider -other taxes paid Still stand.This will only target full time residents.The responsibility falls on the citizens and: not the businesses.Council and,staff comments agree this would be hard to enforce-,and i t should therefore not be enacted:He asked i f the emergency clause is no longer being considered since this would not be effective until October 1.The emergency clause would invite another lawsuit and he gave :his reasons for why the:emergency clause is not:necessary or legal. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 9 OF 23 There was general discussion as to what would happen if the item were tabled,continued or postponed indefinitely. City Clerk Kathleen Connelly commented the changes to the Model Tax Code would be brought to the council in the fall regardless of this vote. Mayor Coleman commented there are a lot of things that bother him about the use tax.I t bothers him that i t is not the business'responsibility to collect it.You go after the purchaser i f i t is not paid,not the business.He feels like i t is inequitable.He was hoping to rectify the inequity between site built homes and manufactured homes brought in.He commented,regarding Mr.Schuelke's comments,that i t is the council that decides whether something affects the peace,health and safety of the community. City Attorney Joel Stern stated under Stone v.Prescott,a 9th Circuit case which went to the supreme court, they essentially said they would not interfere with what the city council decided upon.I t is a legislative decision and a panel of judges will not interfere with the legislative beliefs or mental impressions OR what is peace, safety or health. Mayor Coleman stated i t is very hard to define. City Attorney Joel Stern stated that is why judges will not get involved,and. why there are different branches of government.• Councilmember Eck commented if we cannot enforce something,it does not need to be created.He does not want to table or continue this.He would like to be done with it. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT RESOLUTION NO.00-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 10 OF 23 OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CITY OF APACHE JUNCTION TAX CODE AMENDMENTS ON A USE TAX":AND DECLARING AN EMERGENCY,BE DENIED. MOTION. Vice Mayor Surra SECONDED THE There was general discussion as to how this item could be brought back to the council if so desired. VOTE:Unanimous. The motion carried. ORDINANCE NO.1140 BE DENIED. MOTION. VOTE:Unanimous. The motion carried.. minute break.. meeting. Councilmember Eck MOVED THAT Councilmember Dietz SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the PZ-02-01,REQUEST BY JEFF COLE ON BEHALF OF THE WAFFLE HOUSE RESTAURANT FOR A WAIVER OF THE MASONRY WALL REQUIREMENT ALLOWED UNDER THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 6,ARTICLE 6-1 LANDSCAPING AND SCREENING REQUIREMENTS (ORDINANCE NO.940 AND AMENDMENTS THERETO) )Assistant Planner Juli McDaid briefed the council'on the item.This request is to delete the 3'masonry REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 11 OF 23 wall required to screen headlights in the parking area on the east and west sides of the property.The requirement increases development costs by about $25,000,making the total development cost too high.They are stipulating that since an amendment was granted to allow deletion of the 6'separation wall,the 3'screen wall -should be deleted as well.The developer is suggesting that dense shrubbery be installed instead,and that the elimination of these walls will not affect any residential properties.Lights will shine only on the back of Four Sons and on future commercial buildings to the east. Staff concludes that higher density landscaping will be acceptable on the west side,and that penstemon be installed.Staff concludes the wall is needed on the east as no building plans have been filed so it would not be in the best interest of the neighboring property owner.If council agrees to the higher density level,staff recommends requiring the applicant to install Leucophyllum species such as Chihuahuan Sage:they would have to be installed at a 15 gallon size approximately 3.5'on center;and consider requiring a maintenance contract for a period no less than 24 months to be provided-by.the.. property owner.She has received a letter of support from John Slentz for this request. Mayor Coleman asked if the developer of parcel 4 will be required to put up a 3'wall when i t is developed. Assistant Planner Juli McDaid stated any property where headlight parking faces the street or a neighboring property requires a 3'wall. Mayor Coleman stated there could be two 3'walls side by side between 39 and 40. Assistant Planner Juli McDaid stated they could,but usually the one that.develops first puts the wall in. Councilmember Eck asked if the - request is for the east and west side. Assistant Planner Juli McDaid stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 12 OF 23 Councilmember Dietz stated he has no problem with the west side,but he is uncertain on the east side.The lights would be going into the neighboring motel area. Councilmember Durbala commented he would like to see the wall on the east side and as the properties are developed,each of them should have to construct a wall on the east side. Mayor Coleman requested the applicant address thEcouncil. Mr.Jeff Cole,5986 Financial Drive, Norcross,Georgia,addressed the council representing Waffle House.The purpose of the request is for visibility,access and decreased development costs.The reason for deleting the 6'wall was so that people could see where they were going.They thought that waiver also took care of the 3'wall;this wall would also limit visibility and access to the site.If council decides they must keep the wall,they would like to put in a wide screen wall made of shrubbery to lower the development costs. Councilmember Eck asked how they could guarantee the shrubbery would be able to act 100% as a screen wall. Mr.Jeff Cole stated they will put in an irrigation system so that the plants will have the possibility of success.They will want. to keep the shrubbery looking nice in the development.Other than that,he has no solution. Councilmember Eck commented he is not sure this would work on the east side.Something may go up on that side in the future that could be affected by it.The masonry wall would guarantee that it would be protected. Mr.Jeff Cole stated they are talking about either a restaurant or a retail outlet for that lot.Most of those would not be open much past dark.I t should not have a significant effect on anyone.The shrubs would alleviate some of it. Councilmember Eck commented he likes to get away from walls,but he is not sure vegetation will do the job here. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 13 OF 23 Vice Mayor Surra commented she is one of .the proponents -of landscaping rather than masonry walls,but she understands staff's concern.This landscaping would have to be monitored for maintenance and compliance.Their perception could be different from the city's and their neighbors'perception on what looks nice.This is probably why the 3'wall became the.compromise.She would like something -that combined both,but she does not see how that could be done. Mr.Jeff Cole gave them a copy of the handout of the shrubbery proposed for the east side. would be on the west side. Councilmember Durbala asked what Mr.Jeff Cole stated that would be what staff had proposed.He continued with a description of the live.screen wall and its maintenance.The owner of the remaining lots does not want the masonry wall. Vice Mayor Surra asked if part of the 3'wall could be accomplished with a berm and landscaping with the berm. Assistant Planner Jull McDaid stated it could not. Councilmember Durbala asked if they would have trouble getting anyone else to put up a 3'wall after that if they allowed this to go through with only shrubs and later every other business just put in shrubs,and then one business goes under, and the shrubs are not taken care of,thus creating an eyesore, Assistant Planner Juli McDaid responded too far from the microphones to be heard.. Councilmember Durbala commented i t would be more Of a nuisance.They need to stay -consistentfrom the very . beginning if they let them have shrubbery.If later the shrubbery does not work,later developers will not want to put up the wall when the earlier developers were allowed to put in shrubbery.He would.not like to see a problem later on with other developers. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 14 OF 23 Councilmember Dietz asked if the easement on the south side runs along all of the lots. Mr.Jeff Cole stated i t runs all the way to the Super 8. Councilmember Dietz commented that would give them the circular movement within the retail complex. Mr.Jeff Cole stated that is correct.Each lot would have a perpendicular drive aisle from it. Councilmember Dietz commented he could see no reason why a 3'wall would not work on the east side.They would still have the circular movement within the complex.This would make it more uniform. Mayor Coleman commented the wall would not cover the south 24'. Assistant Planner Juli McDaid stated that is correct. Mayor Coleman commented the screen wall is just for the parking area.He does like the movement flow idea.He does want the 3'wall for the purpose of the headlights:he is not sure the shrubbery would do it. COUncilmember Dietz commented he has no problem with the shrubbery on the west side. Councilmember Urich agreed with shrubbery on the west side and the 3'wall on the east side. Vice Mayor Surra asked what kind of shrubbery would be on the west side. Mr.Jeff Cole stated they would be using penstemon.He reiterated that the original developer does not want the 3'walls either. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 15 OF 23 Councilmember Durbala commented that would make sense since it would be cheaper to sell.He has wanted a lot of other things down there that he has not gotten. Mayor Coleman opened the public hearing on the item. Mr.Barry Tower,5986 Financial Drive,Norcross,Georgia,also representing Waffle House,addressed the council.He commented the 3'wall is a security issue.They are open 24 hours and someone could hide behind the wall and rob the restaurant when the back door is opened to take out the trash.The dense landscaping is more preferable as confetti cannot be drawn on it.If a vehicle hits the wall,the wall will fall down.The wall could be ugly ten years from now.Plants could die,but they can be replaced,possibly even denser and prettier than the original planting.He requested they reconsider the wall. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He would like to make sure the plants used are not those that drop their leaves seasonally.As these lots will be developed in stages,he suggested using one wall instead of adjoining walls on two adjoining properties.I t is not fair for the first developer to pay for the wall entirely;that developer should keep track of the cost and the city should request the adjoining developer to reimburse the.first one for half the cost. 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 they were advocating that every developer put up a west wall and an east wall,or just that every developer put up a wall on the east end. Assistant Planner Juli McDaid stated it would depend on how they faced their parking. Vice Mayor Surra commented if they are not facing headlights in the direction of the other businesses,they may have to erect a 3'wall on the east or west end. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 16 OF 23 Assistant Planner Juli McDaid stated they could have to erect a wall at any end of the property depending on the way the headlights would be facing. Vice Mayor Surra commented someone could hide in dense shrubbery,too,if they really want to rob the Waffle House.I t is not a good argument.If they could find a way for the developer to take responsibility for the entire east end of the properties or all the perimeters of the properties,having only one person to go to for maintenance problems,this would ease some of the council's concern on code compliance issues.In lieu of that,there is concern.She suggested getting together with the developer for a better solution.She would like to see landscaping, but she understands if they cannot do that consistently. Councilmember Eck commented he would prefer the landscaping,but with not knowing what is going on with the rest of the lots he cannot go with just landscaping. Mayor Coleman closed the discussion and called for a motion. There was general discussion on how the motion should be phrased. Councilmember Durbala MOVED THAT THE REQUEST BY JEFF COLE ON BEHALF OF WAFFLE HOUSE,CASE PZ-02-01,FOR A WAIVER OF THE REQUIRED 3'SCREEN WALLS UNDER SECTION 6-1-5(E)(5)PARKING LOT LANDSCAPING,AS REQUIRED BY THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6-1 LANDSCAPING AND SCREENING REQUIREMENTS,(ORDINANCE NO.940 AND AMENDMENTS THERETO)FOR THE PROPERTY LOCATED AT 101 E.29TH AVENUE,(PARCEL NO.102-21-039),BE APPROVED WITH THE FOLLOWING CONDITIONS:RECOMMENDED MOTION,CONDITION ONE,THE APPROVALS ARE AS FOLLOWS,LANDSCAPING WILL BE INSTALLED ALONG THE WEST PROPERTY BOUNDARY WHERE PARKING SPACES ARE LOCATED;PENSTEMON OR A PLANT MATERIAL WITH EQUIVALENT CHARACTERISTICS SHALL BE INSTALLED AT 2.5'ON CENTER:INSTALLED PLANT SIZE SHALL BE 5 GALLON AND SHALL BE TRIMMED AND MAINTAINED FOR THE PURPOSE OF PROVIDING AN EFFECTIVE SCREEN AGAINST CAR HEADLIGHTS SHINING ONTO ADJACENT PROPERTY;DECOMPOSED GRANITE SHALL BE PLACED IN THIS AREA AS SPECIFIED ON THE APPROVED LANDSCAPE PLAN;CONDITION TWO,THE EAST WALL WILL BE A 3'TALL MASONRY WALL RUNNING THE LENGTH OF THE PROPERTY. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 17 OF 23 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.01,15,CITY- INITIATED PRIVATE ACCESS WAY REQUEST FOR PROPERTY OWNED BY :RICHARD AND ETTA LAPORTE AT SOUTHEAST CORNER OF WEST BROADWAY AVENUE AND SOUTH:CEDAR DRIVE )Senior Planner Rudy Esquivias briefed the council on the item.The city is preparing to widen Broadway from Meridian to Idaho.The city engineer has been working with Mr.LaPorte to gain additional right-of-way on Broadway.There is an easement that was granted to the county across the property and the city is asking Mr.LaPorte to dedicate it to the city. •The city is also asking for a 20'by 20' disability corner at the southeast corner of Broadway and Cedar.Mr.LaPorte wishes_to do a land split'in the future.He agrees to do the street improvements on -.Cedar in order to have the land split:at a- later -date:.The city is asking him to discontinue his accession Broadway,and in -return he will be allowed to have an access on Cedar.ThEplanning and zoning commission has given itsapproval.He outlined the conditions in the resolution. hearing on the Item. Mayor Coleman opened the public Mr.-Elliott Fisher,547 E.Quail, Apache Junction,addressed the council_He commented i t seems like the city: needs something here so they are willing to bend the -rules,allowing the private access:road:to be built to less than city -standards. Mayor:Coleman closed the public . hearing with no one -else -wishing to -speak.He reopened the item to council discussion -. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 18 OF 23 Councilmember Eck. commended the senior planner and the city engineer for their job on this case They used creative solutions. Mayor Coleman and Vice Mayor Surra agreed. Mayor COleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT - RESOLUTION:NO.' 01-15,A RESOLUTION OF.THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CREATION A TWENTY-EIGHT FOOT (28')WIDEPRIVATE ACCESS WAY PURSUANT TO THE APACHE' JUNCTION CITY CODE„ VOLUMEII LAO DEVELOPMENT CODE;CHAPTER I ZONING ORDINANCE,ARTICLL20 PARKING,LOADING,AND INTERIOR OR,PRIVATE STREET STANDARDS SECTION 20;0l08: PRIVATE ACCESS WAY STANDARDS,IN CASE PA -1-01,FOR THE PURPOSE OF PROVIDING , LEGAL ACCESS TO CERTAIN PROPOSED'TH (TRAILER HOMESITES)-ZONED PARCELS DESCRIBED HEREIN:BEiAPPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous, The motibrycarried. OLD BUSINESS Wine. NEW BUSINESS:: ACCEPTANCE OF HUMAN SERVICES FUNDING RECOMMENDATIONS FOR FY 2001-02 AND DIRECTION TO PREPARE CONTRACTS FOR AGENCY SERVICES )City Clerk Kathleen Connelly, briefed the *council on the 'item:The recommendations were givenat"the work session last night.The recommendations are the ,sameas last year with the REGULAR MEETING OFI THE CITY COUNCIL JULY 17,2001 PAGE 19 OF 23 additional stipulation that should any of the applicants default during the contract period,their remaining funds go to the Boys and .Girls Club. Mayor Coleman opened the item to• council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT THE RECOMMENDATIONS FROM THE HEALTH AND HUMAN SERVICES COMMISSION FOR HUMAN SERVICES FUNDING FOR FY 2001-2002 BE ACCEPTED AND THAT SERVICE CONTRACTS REFLECTING THE REQUIREMENTS OF ORDINANCE NO.659,THE RECOMMENDATIONS OF THE COMMISSION AND OTHER APPLICABLE REQUIREMENTS BE RETURNED FOR COUNCIL CONSIDERATION IN CONJUNCTION WITH FINAL BUDGET ADOPTION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. • The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 6,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 7,2001, IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 20 OF 23 VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 8:54 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of July 3,2001. )Mayor Coleman adjourned the 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Parks & Recreation employees:David Harwell:Frank Granillo:Tom Tennant:Rick Britton:Terry Johnson,Brian Tschudy:and Tommy Norris. 4.Approval to reject all bids for Project PW 2001-07,Construction of curb, gutter,valley gutter,sidewalk,sidewalk ramps,driveway entrances,storm drains,concrete spillway,scupper headwall,catch'basins,RQRCP and CMP pipe,on Broadway Avenue from Meridian Drive to Idaho Road. 5.Approval to award bid for Project PW 2001-10,Installation of guard rail and other related materials at headwall locations No.2 and 3.on Old West Highway between Wickiup Road and Cortez Road to Arizona Highway Safety Specialists,Inc.in the amount Of $50,685. 6.Approval and authorization_to expend up to $25.000 in design services for Capital Facilities improvements. 7.Approval and authorization to spend in excess of $10,000 (not to exceed $100,000)with Baker and Taylor.Inc.,a library materials vendor. REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 21 OF 23 8.Approval to award bid for PR #01-03,Professional Sports Officiating Services,to Southwest Officials Association in the amount of $16.50 per game. 9.Approval of Resolution No.01=10,Intergovernmental Agreement, with the Arizona Department of Transportation for the Small Area Transportation Study.(This study will provide the City with a master plan to address future transportation requirements in developed and undeveloped areas of the City:) 10.Approval and authorization for Mayor to enter into an agreement with Earth Tech,Inc.in the amount of $108,865 for preparation of designs for traffic signals at Superstition Boulevard at Idaho Road;Delaware Drive at Broadway Avenue;Ironwood Drive at Baseline Avenue;and curb,gutter,sidewalk on Royal Palm from Old West Highway to Southern Avenue. ACCEPTED THIS 7TH DAY OF AUGUST ,2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF AUGUST 2001. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 22 OF 23 )0UGLAS C EMANDOUGLAS COtEMAN 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 17th day of July,2001.I further certify that the meeting was duly called and held and that a .quorummas present. Dated this 20th day of July,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 17,2001 PAGE 23 OF 23