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HomeMy WebLinkAbout2001-09-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 4,2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 4,2001,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 7:16 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck 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 Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Development Services Director Dean Svoboda REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 1 OF 30 Others Present:Assistant to the City Manager Bryant Powell Management Assistant Shari Watson Senior Planner Rudy Esquivias Grants Specialist Roger Hacker 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 CITY EMPLOYEES:PARKS WORKER I I AARON MCDONALD FOR BEING THE PARKS & RECREATION DEPARMENT "EMPLOYEE OF THE QUARTER"FOR THE SECOND QUARTER OF THE YEAR 2001;ANIMAL CONTROL OFFICER TIM MCGRADY FOR HIS CARING AND COMPASSION TO A CITIZEN HAVING TO PUT HER DOG TO SLEEP;PUBLIC WORKS MANAGER PETER PLANTE,FACILITIES MAINTENANCE WORKER DAVID HARWELL,PARKS SUPERINTENDENT KEITH GRAVES,PARKS SENIOR WORKER JOE ORNELLAS, LIBRARY CLERK I I GAIL GRAHAM-FISEL,AND ADMINISTRATIVE SERGEANT GARY ELKINS FOR COMMITTING THEMSELVES TO ENSURING THE SAFETY OF THEIR CO-WORKERS:THE POLICE EXPLORERS FOR THEIR PARTICIPATION AND SUPPORT DURING "TEEN NIGHT OUT" AT THE LIBRARY;ADMINISTRATIVE SERGEANT GARY ELKINS AND COMMUNITY RESOURCE OFFICER JOE SHIKANY FOR THEIR SUPPORT AND INVOLVMENT IN "TEEN NIGHT OUT"AT THE LIBRARY;AND RECREATION COORDINATOR ELIZABETH KNOX FOR VOLUNTEERING HER TIME IN THE APRA SWIMMERS CLASSIC EVENT;AND ,- THAT APPROVAL BE GIVEN FOR PINAL COUNTY TO LEVY THE STREET LIGHT IMPROVEMENT DISTRICT ASSESSMENTS FOR THE YEAR 2001-2002;AND THAT THE SOLE BID FOR PROJECT PR -01-04,LANDSCAPE MAINTENANCE,BE REJECTED FOR BEING SIGNIFICANTLY OVER THE ESTIMATE AND AUTHORIZATION BE GIVEN TO REBID THIS PROJECT;AND THAT APPROVAL BE GIVEN TO CONTINUE THE MAINTENANCE AGREEMENT WITH VISIONAIR ON OUR CAD (WHICH IS THE COMPUTER -AIDED DISPATCH)AND THE RMS (RECORDS MANAGEMENT SYSTEM)REPORT MANAGEMENT SYSTEM FROM SEPTEMBER 30,2001 TO SEPTEMBER 29, 2002,IN THE AMOUNT OF $35,835.85;AND THAT THE MEMORANDUM OF UNDERSTANDING BETWEEN MARICOPA ASSOCIATION OF GOVERNMENTS AND CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS REGARDING THE SHARED COST FOR A JOINT TRANSPORTATION STUDY,AT A COST OF $12,500 TO THE CITY,BE RATIFIED. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 2 OF 30 VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding putting the city complex to public vote.He commented he had requested the council to use the home rule vote as an opportunity to allow the citizens to vote on the city complex by using two different expenditure limits.He complained about the city threatening cuts in services if home rule was not passed.He added a positive vote for home rule could not be construed as a vote for the city complex,as the mayor alleged.He again gave his opinion of the capital facilities plan survey.He does not believe most of the citizens support the capital facilities plan,especially the city complex,and he believes he has a better feel for the thoughts of the majority of the citizens than the council does. Mayor Coleman commented he had said last time that it was not a yes or no vote.Even though 87% did not vote for the complex,it does not mean a no vote,which is what he indicated.That is false information. Councilmember Durbala commented Mr.Schuelke needs to look up what home rule is.I t is mandated by the legislative body requiring the city to go back to a budget formulated one year after the city's incorporation unless the option is . approved by the voters.This would force drastic cuts as the city could not spend the additional money that had been collected from taxes.He needs to read and understand the law instead of coming up and giving the wrong interpretation. Councilmember Eck commented he believes there is a misunderstanding on the capital facilities plan program.The plan is a 13 million dollar project,not just the city complex.The city has put 6 million dollars of capital reserve money into the project,with an additional 7 million dollars needing to be financed.It was a lot better to do i t as a financed package than to do each item individually.The city could have paid for the city complex on its own REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 3 OF 30 and then financed all the others later as quality of life.He added Mr. Schuelke does not seem to realize this. Mr.Jim Bockman.1046E.Kachina Avenue,Apache Junction,addressed the council regarding the apartment -complex to be developed on -the southeast corner of Old West Highway and Royal Palm.He complained about the problems with the current renters in the area.He would not like to see the same problems from this new .apartment complex.He would prefer to see something other than apartments there,and he is concerned with the traffic and congestion they would cause. Mr.Tim Payne,1045 E.Kachina Avenue,Apache Junction,addressed the council regarding the apartment complex at Old West Highway and Royal Palm.He commented he has put a lot of money into his house to improve it.He has also seen problems with the rental properties in the area.Several other neighbors feel that there is nothing they can do to solve the problem in the neighborhood.He added the east side of Royal Palm is fairly well taken care of,but the west side looks terrible.He would like to see the apartment complex stopped.He is not in favor of additional rental properties in the area.He would like to know how the apartment complex is going to increase the value of his property or benefit the neighborhood.He moved out here to get away from the hustle and bustle of city life. Mayor Coleman commented he lives on Royal Palm and the vice mayor's property abuts the proposed apartment complex.They have concerns,but there are personal property rights in this country.The area is already zoned for apartments;it was inherited that way from the county. Mr.Tim Payne asked if they had to be low income apartments. Mayor Coleman stated there is a provision on tax credits which will allow them to put in some amenities on the property that the city would not have had otherwise.-They also have to enter into a development agreement which gives the city some control over the project.The entire council is conerned and they want to get the best projectthat can be developed there.The only way it could be stopped is if someone buys the property from the current owner. He believes this will enhance the neighborhood. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 4 OF 30 City Attorney Joel Stern stated this should be kept to comments and any critique of the council.He suggested they allow these people to speak when the item is heard this evening,even though i t is not a public hearing. CITY MANAGER'S REPORT City Manager Curtis Shook complimented the local newspapers for keeping the redistricting issue in front of the residents.Councilmember Durbala gave testimony in front of the redistricting committee at the last public hearing in Mesa.One concern is that the latest map shows the district extending from north Fountain Hills down to Douglas and the Arizona border.He believes this splits the city and i t is not a very good alignment.That map may be changed. There are more public hearings and he encouraged -those interested in the process to attend or e-mail the commissioners at their website.A listing of the public hearings is available at city hall. Councilmember Durbala commented he was told at the hearing that the city would not be split. PUBLIC HEARINGS PROPOSED RESOLUTION NO.01-09/ EXTINGUISHMENT CASE EX -2001-01, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENT ON WARREN STREET BETWEEN VISTA ROAD AND WICKIUP ROAD )City Engineer Ron Grittman briefed the council on the item.He described previously abandoned roadways in the area and the current request.I t is his professional opinion that the federally patented easements be retained so that those accesses can be used at some point in the future without the city having to buy the land back at a later date. Councilmember Eck asked if there had been one previously granted to the property directly east of this one. City Engineer Ron Grittman stated that is correct.I t has been granted to properties both east and west of this property. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 5 OF 30 Councilmember Dietz commented the one just west of this property on Warren does not show on the abandonment map. City Engineer Ron Grittman stated i t does not show on the map,but it has been abandoned on each side of it.I t was in the overhead at the work session. Councilmember Durbala commented they do not have much chance of any streets going through there between Tomahawk and Goldfield Roads.He added the city would eventually have to buy these back. City Engineer Ron Grittman stated that is correct. Councilmember Durbala commented that would cost the city "big bucks"as people would have built on them. City Engineer Ron Grittman stated the advantage to retaining the federally patented easements is that setback requirements are measured from the property line.Those with abandoned easements have as little as 25'setbacks instead of the normal 33'. Councilmember Durbala asked if there is any way for a fire truck or emergency vehicle to get down into the areas where easements have been abandoned. City Engineer Ron Grittman stated they cannot.The only east/west access from Goldfield between Broadway and Southern is 13th Avenue. Councilmember Durbala commented they are almost running out of room to put a north/south route. City Engineer Ron Grittman stated that is correct.He used Cortez as an example. Councilmember Durbala commented that they should leave most of those areas intact. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 6 OF 30 Mayor Coleman requested the applicant address the council. Mr.Haig Kachian,1841 E.Tepee Street,Apache Junction,addressed the council.He is the owner of the property.He pointed out that the watershed abruptly ends any kind of through street.His property is 5 acres away from Tomahawk,where that street ends, and on the other side is the property where the easement abandonment was granted for Warren and Shiprock.She had no problem and was not given any of the reasons he is hearing tonight.He commented any landlocked parcels in the area are illegal due to their size.There are already numerous utilities in these easements and they go through huge arroyos.It would be an immense cost to the city to buy these back and then build roads and bridges across them. There has never been a plan for these easements.The county is considering abandoning all their easements.He had asked Gail Cisty,the negotiator for the abandonment just east of him,to speak for him.He commented on his disillusionment regarding the abandonment process,his feeling that he was not even given a chance,that he has wasted his time and money,and that they had already decided what the outcome would be before he had even been heard.He does have plans to buy the property south of him and he does not want a roadway running through it. Mayor Coleman opened the public hearing on the item. Ms.Gail Cisty,331 E.Scott Avenue, Gilbert,addressed the council.She was the project manager on the Eastman estate.She worked on that abandonment approximately 10 years ago.Warren was abandoned as the farthest part of parcel 2B and i t is almost all at the bottom of Weekes Wash.A road could not be built there.Bowman Road is at the bottom of Weekes Wash in Zone X.That is also unbuildable.Parcel 15A is all flood plain.The only portion of 26 that is not in the flood plain is the far northwest corner.The roads in the area are not buildable.You are in ankle deep sand when you ride your horse through that area.The city has no reason to put a road in where it will flood out.These are all estate -sized lots and there is one buildable site for each lot.I t is not level land,and this is why the city council agreed to abandon it. Councilmember Durbala asked if the abandonment occurred in 1992 or 1991. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 7 OF 30 Ms.Gail Cisty stated that is approximately the time.Gordon Grandy was the city engineer. Councilmember Durbala commented he believed the last abandonment the city approved was in 1995. Councilmember Dietz stated the last one was in 1997 off Wickiup and Old West Highway. Ms.Gail Cisty stated i t is unique to this area that these roads dead end into Weekes Wash and are not through streets to Cortez.It would be very expensive to maintain roadways through the wash. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented if the council feels the earlier abandonments were a mistake,then they should not approve this one.If the council feels the earlier abandonments were approved because the roads were unbuildable,then they should consider this a policy to abandon roads in unbuildable areas.If in the future someone splits these lots and one of the lots becomes landlocked,and i t can be traced to a single owner who split the lots,he believes the courts have decided it could be considered an error and they will assign a right-of-way.He suggested they talk to an attorney regarding those situations. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he respects the city engineer's opinion and there have been a lot of abandonments over the years that probably should never have been done.I t is the council's discretion to make these.He does not see where the city would ever have to go onto this property if the abandonment were approved.It would have access from Shiprock,Tepee,Vista and Wickiup.I t has adequate fire protection. The city would never need the easement;i t is abandoned on both sides. Councilmember Dietz agreed.He does not believe approving this would set precedence.Each one needs to be looked REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 8 OF 30 at individually.They do not have a policy to not approve them,and he feels this is .one that should be done. Councilmember Durbala asked the. police chief to look at Sections 15,22 and 27 on the abandonment map.He commented if these streets are'continually cut up,it will not be long before there is no access for emergency vehicles to get to these places.I t is currently complicated for some of the addresses to be found.He asked the police chief for his opinion on the capability of getting to these places with an emergency vehicle now. Public Safety Director Robert Warner stated any street closures pose unique problems for emergency vehicle access. If the street is not accessible,the officer may have to detour to get back on a new track.If the officer is familiar with the area,i t is usually not a problem.It does pose a problem for a community that is rapidly growing.I t could be a critical factor in life and death situations. Councilmember Durbala asked if an ambulance may be delayed responding to a heart attack victim if they are unfamiliar with the area. Public Safety Director Robert Warner stated it could.His officers do not even have a map on the wall to study before they have to leave on a call.They are out in the beats,where it can be more difficult at night with unlit streets and improperly labeled mailboxes. Councilmember Milkey agreed with Councilmembers Eck and Dietz.He could not foresee a need for the Warren Street alignment.I t has been abandoned on both sides.These need to be looked at individually,and this one has adequate access for emergency vehicles.He apologized to Mr.Kachian for his feeling that this had already been decided upon and was a waste of his time,but the council is looking at these cases on an individual basis. Mayor Coleman commented he had made a statement at the work station to the effect that he was afraid the city would be hit with a mad rush of these.Mr.Kachian had called him on it and stated all of these need to be looked at on an individual basis.He commented REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 9 OF 30 what he meant is that this is a tough decision and he does not want to have to make too many of those decisions,but that is what he was elected for.In looking at this property,if the emergency vehicles were going to have trouble getting there,it would already be the case.If the city wants to have equestrian trails up through this area,this -is an area he would like to see retain low density.He suggested a plan be laid out as to where they want those equestrian trails:then.they will know what should be abandoned and what should not.He has changed his opinion and believes this property qualifies for abandonment. Councilmember Dietz commented there would be no emergency vehicles driving on that property today as there is no road currently there.There are no roads on these abandonments. Councilmember Durbala commented the police officers and firefighters do not always know that there is no abandonment. Councilmember Dietz commented there is no road there,dirt or otherwise.They would not be going there anyway. Councilmember Durbala commented this could lead to having only one or two streets going across in that area.He is not for abandonments;in the past nor probably in the future.He believes they tear up streets and possible growth patterns.He commented they will not be here 20 years from now,or 10 years from now,and the current council may want those big lots split up then.They have to plan for the future.He thinks a freeze on abandonments is a good idea. Vice Mayor Surra commented the freeze on abandonments was to allow the council some time to determine how they felt about them.Some errors were made in the past and they needed to be able to step back and look at those more clearly.She trusts the city engineer to have an opinion and she values it.If he had been here in the past this abandonment might not have been relevant.However,since the city would have to buy back property to put through this street,and the road cannot be built on the other lots due to their condition,there is no reason to put a road in on this one lot.If these lots are split in the future,the people who buy them will have to know that there is no road going through there,and future councils may have to deal with that problem and come up with REGULAR MEETING OF THE CITY COUNCIL ,SEPTEMBER 4,2001 PAGE 10 OF 30 a creative solution.Even though she has voted against these in the past, since this one does not link to anything,she would have to agree with this one. Councilmember Urich commented she believed they would be creating precedence if this was approved.She has driven the area and she could not believe all the streets you had to go around to get somewhere.She could not vote for this. Councilmember Eck commented if this was in the south part of the community where the growth will be occurring,he would say no.The north side of the community has been getting developed and this should have been stopped 30 years ago.He added what they are abandoning is not being used for emergency access.There should be no route problems. Councilmember Durbala commented they recently had someone come through here with a property that was recently sold and bought.They were told they would have to build a private easement road to get the lot configuration they wanted.Three long lots were built but no road,instead using an existing road.They need to think about this when they approve these abandonments.He is concerned that future lots could be split along abandonments by the current or future owners and that the buyer would have to be told they would have to build a road to access their property.He questioned who would have to tell the buyer that.He is leery of any road extinguishments. Vice Mayor Surra commented these should be taken on an individual basis.As long as i t is made known that these will be looked at individually,no precedence will be set.There is no fear of a road being placed here down the line as no road could be built through the area.If it was buildable,she would think differently. Councilmember Durbala commented a lot of things could happen with future technology. Councilmember Eck commented Councilmember Durbala was talking about a property that does not have access versus a property that has access on all four sides.If this property was split four ways according to the general plan,each property would still have access. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 11 OF 30 Councilmember Milkey MOVED THAT RESOLUTION NO.01-09,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,,ARIZONA,DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON WARREN STREET BETWEEN VISTA ROAD AND WICKIUP ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2001-01 IS NO LONGER NECESSARY FOR PUBLIC ,USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmmber Dietz SECONDED THE MOTION. VOTE:5-2 (Councilmembers Durbala and Urich•voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.01-18,AUTHORIZING . INCLUSION OF CITY OF APACHE JUNCTION OPEN SPACE IN THE STATE TRUST LAND REFORM INITIATIVE TO BE VOTED ON BY ARIZONA VOTERS DURING THE GENERAL ELECTION TO BE HELD IN NOVEMBER 2002 )Grants Specialist Roger Hacker. briefed the council on the item.He stated Laurie Faith from the Nature Conservancy who has been negotiating this with all the other municipalities is unavailable to 'attend this evening -Lb answer questions due to a family illness.He recommended council continue this to the next meeting to allow for her to attend.The deadline for inclusion of these lands into the initiative has been pushed back to October 15.He commented he could answer general questions but not technical questions. Mayor Coleman opened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 12 OF 30 Councilmember Durbala commented i t appeared to be pretty self-explanatory.He thinks it's a great idea. Mayor Coleman stated i t is basically the multi -purpose trail plan.He opened the public hearing on the item. Mr.Dan Wald,3400 S.Ironwood Drive #260,Apache Junction,addressed the council.He spoke in favor of the. resolution.He commented on similar projects in other ,states that brought economic and high -end residential growth to areas that.were previously slums or swampland.This will allow access to the Tonto National Forest from both areas.He commented he would have liked to have seen this expanded down to US 60 and followed down the highway as far as Gold Canyon.. Councilmember Durbala agreed with his comments and he commented he hoped Congress would allow the city to get the land. Mr.Jim Bockman,1046 E.Kachina, Apache Junction,asked if the city would be annexing those areas from the state. Councilmember Durbala stated the land is already within the city limits. Mr.Jim Bockman asked if the city was going to try to get that land. Councilmember Durbala stated State Trust Land is introducing this legislation on the federal level so that we can get the land. Mr.Jim Bockman asked if State Trust Land wanted the city -to have the land. Councilmember Durbala stated they do. Vice Mayor Surra commented they are not giving us the land.They are saying it has to remain open space.I t REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 13 OF 30 cannot be developed.It will stay open space if the city is allowed to use i t for its multi -trail and parks system. Mr.Cliff Axt,322 E.Breathless, Apache Junction,addressed the council.He is a former president of the Superstition Area Land Trust and he commended the council on this and urged them to follow through with it. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He protested the lack of advance public notice on this matter.The weekly paper only had information on it today.The council must decide if it is pro -education as the money from the sale of these lands would be earmarked for education He believes the intent of the initiative is to take land without compensation to the Trust. It must also decide if it is pro -growth or pro -environment,as these lands are desirable as residential areas that could attract wealthier residents that would raise the average income level.He does not agree with preserving these lands when the Tonto National Forest is nearby.He believes the backers of this initiative are trying to benefit themselves at the expense of other citizens of the state.Lacal land should be funded locally.He believes the whole state will end up footing the bill from this initiative.He urged them to deny this resolution. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Durbala commented Mr. Schuelke does not want a new city hall,the capital facilities plan,new parks,or State Trust lands so that we can have open space.He is unsure what Mr.Schuelke wants from the city,but he thinks this is one of the greatest things that can happen to the city.If this is obtained,they can go forward with the master trail system which is part of the general plan.Many councils have discussed the opportunity of getting this land.He is all for this and is happy there are a number of state and federal organizations that are trying to get this approved through Congress so that it can be done. Mayor Coleman commented this is going for a vote by the public.He cited the results of a state-wide survey on preserving state land and if it should be used to fund education.The REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 14 OF 30 majority of the.voters agreed on preserving over 1.3 million acres of Arizona State Trust land and not using it to fund education.He added Mr.Schuelke may not be in tune with the community and speak for the community as much as he thinks he does on this issue. Councilmember Urich stated she saw no reason to continue this item and requested to make a motion. Councilmember Eck commented people are always asking him when is the development going to end and what is the city going to do with the property north of Lost Dutchman.They would like to see it kept open space.I t is what has brought people to Apache Junction.He believes it will be a benefit to the community to protect that as the community grows. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.01-18,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE INCLUSION OF CERTAIN STATE TRUST LANDS WITHIN THE CITY'S FUTURE PLANNING AREA IN THE STATE TRUST LAND REFORM INITIATIVE,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS RATIFICATION OF AGREEMENT BETWEEN THE OFFICE OF MANUFACTURED HOUSING AND THE CITY OF APACHE JUNCTION )Development Services Director Dean Svoboda briefed the council on the item.This agreement allows -the city to handle the permitting and installation of mobile homes and factory built buildings, for the state.This is the renewal of a previous agreement:these REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 15 OF 30 agreements last for 5 years.This allows the citizens to interact with the local government on permits and helps to minimize illegal installations.I t gives the city greater control over the process and is a source of revenue. Staff recommends ratification of the agreement. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Vice Mayor Surra MOVED THAT THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OFFICE OF MANUFACTURED HOUSING TO ALLOW CONTINUATION OF THE ISSUANCE OF PERMITS AND INSPECTION OF THE INSTALLATION OF MANUFACTURED HOMES AND FACTORY -BUILT BUILDINGS FOR THE STATE OF ARIZONA BE RATIFIED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ROYAL PALMS CORNER LIMITED PARTNERSHIP )Senior Planner Rudy Esquivias briefed the council on the item.The property is located at the southeast corner of Royal Palm and Old West Highway.The project is an apartment complex partially funded through the Federal Low Income Housing Tax Credit Program.Neighborhood concerns over the original site plan included lack of enough buffering in certain areas,that two story apartment buildings would be looking into their backyards,and of there being a single access into the project from Royal Palm Road.Council directed the applicant to come back with a revised site plan that addressed the issues of the neighborhood.The applicant had a second meeting with the neighborhood and has addressed all of their concerns on the original site plan.The applicant has drafted a development agreement to support the city's project.He commented the property has a split commercial zoning that would allow more obnoxious uses in REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 16 OF 30 the area in addition to apartment complexes.He added the applicant is in attendance to answer any questions on the development agreement. Mayor Coleman requested the applicant address the council. Mr.Glenn Walling,13040 Hohanna Road,Lakeside,California,addressed the council.He has met with the neighborhood group within the last month with updated plans.He believes he has met the requirements that the council put on the motion to send a letter to the state supporting his project.He has worked to meet all of their conditions.He commented there were several people at the neighborhood meeting who were pleased with what they are doing but they did not attend the meeting tonight to voice their approval.He believes i t is because they understand there could have been other possibilities developed there and they can see a high -quality development is proposed.The development agreement contains the conditions put upon the project and is the final condition to be met.He is looking forward to being part of the community. Councilmember Eck asked him to explain the low income housing as there are some who think it means a different quality of building.He would also like him to explain the percentages of the housing offered. Mr.Glenn Walling stated there are no rent or income restrictions for 76 of the 176 units.The tax credits apply to the other 100 units.They have to certify that the people living there will have an income lower than $37,000 a year,and they all have to be able to pay the rent or they get evicted.That is required by the program.I t is a crime -free housing project.They will be allowed to screen tenants for any felony convictions and if they have any they are declined as residents.I f they are convicted while living there,they will be evicted.They also have a drug -free policy;anyone associated with drugs in any way,using,seen with them or whatever,will be declined or evicted.They will be spending about $75,000 per apartment:that does include the development fees.Once the development agreement is approved,their plans will be finalized and construction can begin. Councilmember Dietz asked which design for the entrance off of Royal Palm had been decided upon. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 17 OF 30 Mr.Glenn Walling stated the entrance will have signage for right turn only exiting the property.They will have to go towards Old West Highway.This is the result of the opinions expressed at the neighborhood meetings and by the city engineer.The entrance on Old West Highway will be right turn only also as it will not line up with a median crossing.They had discussed having a constructed curb out in the middle of the road blocking people from turning left and to channel them into the property. Councilmember. Dietz commented i t appeared they had a left turn lane only for people coming in off of Old West Highway and it was set up so they could not make a left turn out of the property. Mr.Glenn Walling stated he believes that is what is being done,but there are safety concerns and emergency vehicle concerns for the street across from the development.If they had come out of that street,they could not make a left turn across the curb. City Engineer Ron Grittman stated the initial plan proposed a curb on the left turn only lane southbound on Royal Palm.Someone coming out on 9th Avenue would be restricted to a right turn only.He had the applicant drop the curb for the right turn only so that it would be a straight area allowing left turns from 9th Avenue onto Royal Palm. Councilmember Dietz asked if there would be a left turn lane south on Royal Palm into the complex to enable traffic to get out of the way for those not entering the complex. City Engineer Ron Grittman stated there would.The lane will be separated from the through movement by a white stripe. Councilmember Dietz commented he was glad to see they were contributing to a traffic signal at Royal Palm and Old West Highway. Mr.Glenn Walling stated that is correct. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 18 OF 30 Vice Mayor Surra asked if it had been determined what low height plants would be used in the median and if the applicant would be taking care of the maintenance and sthe watering. Mr.Glenn Walling stated they would. Vice Mayor Surra commented.she wanted to make sure they would adhere to that commitment. Mr.Glenn Walling stated they will. maintain it if that is what is required of them. Vice Mayor Surra asked if that was written into the agreement. Senior Planner Rudy Esquivias stated i t is not in the agreement. Vice Mayor Surra stated that would have to be added:before they could sign off on it. Senior Planner Rudy Esquivias stated they would have to do an amendment to it. Vice Mayor Surra commented it will make a nice entranceway and the residents in the area will appreciate it.She added he may want to put to rest the residents concerns about the low income housing.She asked if the three -bedroom unit was still to be rented out for $806 per month,and the two -bedroom for $696. Mr.Glenn Walling stated that is correct.The rates this year on incomes in this area would set those rates for those that had to be rented out with the tax credits,or low income, housing.The other 76 units would have a market rate rent of $895 for the three -bedroom units. Vice Mayor Surra commented the renter could have a maximum income of $38.200 in order to qualify for a low income unit.If they make more than that,they would have to rent at the market rate. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 19 OF 30 Mr.Glenn Walling stated that is correct. Vice Mayor Surra asked if there were 5 three -bedroom and 5 two -bedroom units that would be rented out at a comparatively low rent,being at $236 and $202 per month. Mr.Glenn Walling stated they are required by the program to -rent out 10% of those units -qualifying for low income tax credits at that percentage.He did not have his breakdown sheet as to how that percentage is reached. Vice Mayor Surra commented she was impressed with the manager who would be overseeing this development.Her knowledge in not renting to undesirables and eviction laws gave her more confidence that they would live up to what has been proposed.She is also pleased with the reconfiguration. Mr.Glenn Walling stated the purpose of this program is to serve the renters a higher quality of living through for profit people who will provide the housing.There are no handouts for anyone. I t is not for those people who have no incomes or no jobs. Vice Mayor Surra commented the income level for the three bedroom is approximately $3,000 more annually than what most of the teachers make. Mr.Glenn Walling agreed to amending the agreement to cover the landscaping maintenance in the median,but he needs to have something done because of their deadlines. Vice Mayor Surra commented the city clerk stated i t could be done. by amendment.She asked i f i t could be added this evening. City Attorney Joel Stern stated the motion should read that they will include the amendment.He will then make the changes and it would then be a signed agreement.He could probably get i t done tomorrow. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 20 OF 30 Councilmember Dietz asked if it would still go through with his signature on it. City Attorney Joel Stern stated Mr. Walling could sign it once the amendment was made.They could FedEx the originals to him for signature. should be defined. it should. Vice Mayor Surra asked if the area Senior Planner Rudy Esquivias stated Councilmember Durbala commented he wanted to get back to the crime -free aspect.The rental agreement is very thorough and states if they are convicted or caught with drugs than they are evicted within 24 hours. Mr.Glenn Walling stated that is correct.They hire professional management companies that have various levels of staff so that they have site responsible people.There are no part time employees. Councilmember Durbala commented crime -free housing has moved all over the country.I t keeps the right clientele in there.He is also happy about their contribution to the traffic signal.He commented there is a need for apartments all over the city.He believes these apartments would be of the quality if not better than the ones behind ABCO Plaza. Councilmember Urich commented they are going the extra mile by removing the windows at the back of the apartments abutting the single family homes plus notifying residents within 500'feet of the complex instead of the required 300'.They should be commended for that. Mayor Coleman closed the discussion with no one else wishing to speak and called for a motion. Councilmember Dietz MOVED THAT THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ROYAL PALMS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 21 OF 30 CORNER LIMITED PARTNERSHIP FOR THE DEVELOPMENT OF INDIAN WELLS AT THE SOUTHEAST CORNER OF SOUTH ROYAL PALM ROAD AND OLD WEST HIGHWAY,BE APPROVED WITH THE FOLLOWING AMENDMENT:THAT THE MEDIAN AREA OF ROYAL PALM BETWEEN OLD WEST HIGHWAY AND 10TH AVENUE BE LANDSCAPED MAINTAINED AS WELL AS UNDERWRITING COST OF THE WATER. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION OF THE CITY'S TRAVEL REDUCTION PLAN AND ITS IMPLEMENTATION )Management Assistant Shari Watson briefed the council on the item.The travel reduction plan is a result of the travel reduction ordinance passed by the Pinal County Board of Supervisors. It encourages the reduction of commuter use of motor vehicles.She described the county's, requirements,the results of an employee survey she conducted, how the city could comply,when the plan will be implemented,and possible incentives to be offered to those employees that voluntarily use the alternative modes of transportation.The employees cannot be mandated to comply. Vice Mayor Surra asked if any information had been gathered on city employees already carpooling with other people working in the area that are not city employees.The city should be able to get some credit towards the reduction of use on one vehicle. Management Assistant Shari Watson stated the survey next year will be more specific to determine if anyone is already carpooling with someone else going to a different location in the Pinal County area.She has had one employee from Public Works tell her she is already doing that. Vice Mayor Surra asked if the county is doing an unfunded mandate. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 22 OF 30 Management Assistant Shari Watson stated they recently received a grant and she should get more information on that in the future.At this time they are not giving the city any funding. Vice Mayor Surra commented the city should be pursuing something about unfunded mandates.The city fights them all the time from the state,they should also be fought from the county. Management Assistant Shari Watson stated there are grants available for bike paths.Grants Specialist Roger Hacker is looking into that now.They are setting up a meeting with a Central Arizona Association of Governments representative to talk about the grant process. Mayor Coleman stated bike paths would help a lot. Councilmember Eck commented biking is currently tough in the city.There is not enough room for bike paths even on our new streets. Councilmember Dietz commented the Tribune has an incentive program wherein two employees working there would receive a certain number of "paid off time"after carpooling together for a certain amount of hours.It could be accumulated over a period of time to give them a day off. Management Assistant Shari Watson stated she had mentioned something similar in their management services meeting last week.To meet the reduction requirements,each employee would have to use alternative modes 2 days out of 20,or 25 days a year.She had suggested that each time someone reached 25 days,they would receive 4 hours paid time off.Many employees do not really care for movie tickets or gift certificates:they would prefer the time off. Councilmember Dietz commented i t is a good incentive and it works at the Tribune. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 23 OF 30 Councilmember Eck commented they have the same incentive where he works except you have to do i t 10 days a month and at the end of the month you earn a day off. Vice Mayor Surra commented the limits could be set at whatever they want. Councilmember Eck commented they would have to have a good way of tracking it. Councilmember Durbala asked if the city would get credit for i t if councilmembers carpooled. Management Assistant Shari Watson stated councilmembers are not full time employees,but she would check with the county on that. Councilmember Durbala stated they have one that commutes back and forth daily and he thought that should count for something:!He added they have this:at the post office, abut theydo not give time: off:They have .a drawing every quarter for something like a dinner and overnight stay atHa motel.That would actually be cheaper than giving some a day off.I t is difficult for some to carpool because of their hours or the different jobs they do. Management Assistant Shari Watson stated i t does not work for everyone.They need ,to find the ones that would be _a good match sand encourage them to carpool. Mayor Coleman closed -the diScussion and moved on,to:the next item: CONSIDERATION OFRESOLUTIONS -PROPOSED FOR SUBMITTAL TO THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE )city Clerk Kathleen Connelly briefed the -council on the item.She commented the deadline for submittal is: September 7 The resolutions:need to be within the purview_of -cities and towns REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4.2001 PAGE 24 OF 30 Mayor Coleman commented if it is something that requires the expenditures of money,a source of funding needs to be designated. Councilmember Durbala stated he would like to see a resolution to change the mistake they made last year in the law not allowing councilmembers to make a report at the end of the meeting.The current law only allows the mayor to make a report.He would also like to see a resolution on school development fees for the school districts.He realizes it may not get passed,but he would like to see if it gets out of the committee this year. Councilmember Dietz stated he would like to see one on street light districts. City Clerk Kathleen Connelly commented the committee declined to vote on that. , The city followed it up by contacting the county assessor and there has been no response. Councilmember Dietz commented he would like to see i t brought Op again as i t is not fair -to:the residents:The procedure is wrong and he does:not think it would be that difficult for the county to figure out. City Clerk Kathleen Connelly stated this would have to be state-wide. Councilmember Dietz commented he understands that i t has to goAo the legislatureas i t is.state-wide. Councilmember Durbala suggested having the city lobbyist work -on the issue this year. City Manager Curtis Shookistated- that is something:that could be done if;it makes it through -theiLeague Resolutions -.Committee.Ifthe League is unwilling,then that is something they could bring before him in October or November for him to lobby -during the next session.. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 25 OF 30 Vice Mayor Surra agreed that the street light district resolution be sent to the League and that i t not be dropped if the League declines to use the resolution. Councilmember Durbala agreed. Vice Mayor Surra added she believes the lobbyist could find lobbyists from other cities that would support it.I t needs to be pursued as i t is unfair.She also thinks the school development fee resolution should be submitted although she believes it will probably be turned down.Local entities should have the right and control over school development fees.She believes i t is voter -supported throughout the state. She concurs with those two resolutions particularly. Councilmember Eck commented he liked all three of them.He would like to see them submitted every year i f necessary. Vice Mayor Surra and Councilmember Durbala discussed the ability of the council to make a report for five minutes on an item if it had been placed on the agenda. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT WE SEND THOSE THREE TO THE RESOLUTIONS COMMITTEE. City Clerk Kathleen Connelly commented the League would like the questions answered that are on the sample. She read them from the sample. Councilmember Durbala commented he thought the resolutions were all okay. Vice Mayor Surra commented she believed staff could come up with answers to all of them. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 26 OF 30 Councilmember Durbala commented staff could then send them to the Resolutions Committee by September 7.He asked the city clerk if she could come up with something by then. City Clerk Kathleen Connelly stated she could try but those would be her words and not theirs. Councilmember Durbala commented she would know their intent. Vice Mayor Surra commented it could be placed on the agenda in July next year which would give them time. Councilmember Durbala commented they would then have time to write something up. Vice Mayor Surra commented the assistant city manager could probably come up with some great wording. Councilmember Durbala continued his motion THAT WE INSTRUCT STAFF TO SEND THESE LETTERS OUT BY THE DEADLINE AND IF IT REQUIRES HAVING THE CITY ATTORNEY AND THE ASSISTANT CITY MANAGER AND THE CITY CLERK WORKING TOGETHER ON IT,ITS NO PROBLEM.. MOTION. Vice Mayor Surra SECONDED THE VOTE:6-1 (Mayor Coleman voted in opposition.) 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. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 27 OF 30 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,SEPTEMBER 17,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 18,2001, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced Councilmember Durbala will be traveling to the Rural Economic Development Meeting and he will bring back a report for the next meeting. Mayor Coleman commented he has been reading the minutes from the Lost Dutchman Marathon group.He believes this will become a keynote event for the community.The inaugural marathon will be held January 20,2002.They will also have a half marathon,a 10K and age divisions.I t has been designated as the marathon championship for Arizona and is a Boston Marathon qualifier. Mayor Coleman expressed his family's gratitude to the city residents,council and staff for their condolences and attendance at his father's viewing and funeral. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 28 OF 30 2.Acceptance ofMinutes of Special Meeting of August 6,2001: 3.Acceptance of Minutes of Regular Meeting of August. 7,2001. 4.Recognition of Outstanding Service to the Community by City Employees. Employees receiVingTecognition are:Aaron McDonald;TimilcGray;Peter Plante;David Harwell;Keith'Graves;Joe Ornellas;Gail Graham-Fisel; Garrett Elkins and Police Explorers;Joe Shikany and Elizabeth Knox. 5.Approval of Street Light Improvement District Assessment:to Pinal County to levy for the year 2001-2002. 6.Approval to reject bid award ancLauthOrizationAo re -bid for PR -01-04-; "Landscape Maintenance": 7 Approval to continue maintenanceiagreement with VisiOnAir on CAD (Computer- Aided Dispatch)and RMS .(Retords Mahagement System)report management system from September 30,2001 to September 29,:2002,. at .a cost of $35,835.85 8..Ratification of Memorandullof Understanding between Maricopa Association of Governments (MAG)and Central: Arizona Association of. Governments (CAAG)• regarding the:joint CAAG/MAG transportatiOn study...(City o -rApache Junction's share of cost is $12,500.00.)' ACCEPTED THIS 18TH:DAY OF SEPTEMBER ,2001, BY THE MAYOR AND CITY COUNCIL OF THECITY OF APACIIEJUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 29 OF 30 DAY OF SEPTEMBER ,2001. DOUGLAS ILEmAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the.foregoing minutes are a true -,and correct copy of the minutes of the regular meeting 'of the City Council of the City of Apache Junction,Arizona,held on the 4th day of September,2001.I further certify' that the meeting was'duly i called and held and that a quorum was present. Dated this -10th day of September,2001. XtZlee.„„. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,2001 PAGE 30 OF 30