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HomeMy WebLinkAbout2001-12-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 4.2001 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 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 7:00 p.m. INVOCATION Councilmember Durbala 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 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 DECEMBER 4,2001 PAGE 1 OF 21 Others Present:Assistant Planner Juli McDald Senior Planner Rudy Esquivias Parks Superintendent Nick Blake ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND I MOVE THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEE:CITY ENGINEER RON GRITTMAN FOR USING PERSONAL TIME,AND IN THE WORDS OF THE RESIDENT THAT HE ASSISTED,"HIS KINDNESS AND HIS PROFESSIONALISM",WHICH ASSISTED THEM WITH A PROPERTY DETERMINATION. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Bret Stilson,1053 S.Warner,Apache Junction,addressed the council regarding the motocross park.He believes it will be a great thing for the community and the kids who reside here.A random show of hands at the Boys and Girls Club unanimously showed everyone thought they would participate at the motocross facility in some way.A Honda Motorcycle representative stated they would give the Boys and Girls Club motorcycles to start a program at the club for rider safety and handling instructions.They would like to get the children on the track with some positive adults that would be good role models.I t is an innovative program for those that would not compete in sports.Motorcycles and engines tend to get these kids going.He believes i t would be a good program for the community. CITY MANAGER'S REPORT None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 2 OF 21 PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE FOR TEXACO STAR MART )City Clerk Kathleen Connelly briefed the council on the item.The packet includes reports from the police department,zoning department and the fire district.The applicant was notified to be present this evening to answer any questions. Mayor Coleman requested the applicant address the council.No representative was present. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion. Vice Mayor Surra commented that there were several pages of violations in the past included in the packet.A great number of them deal with selling to minors at various locations.She is concerned that there is no record of remedial measures taken to either train their staff or make changes in the process for the way they ask for identification.Alot of the violations were for failing to even ask for identification.As no representative is here tonight-to answer the question on what they intend to do about the remedial measures at this site,she would not favor the application. CouncilmeMber Dietz commented there are 17 pages listing the violations. Councilmember Eck asked if this could be continued. City Clerk Kathleen Connelly commented the state only allows a certain amount of time for the city to respond within.If there is no response,they take i t as an approval. City Attorney Joel Stern stated it would be recommended that the council either recommend denial or approval.I f i t is for approval,there will not be a hearing withAhe state liquor board on REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 3 OF 21 the application.I t is an administrative acceptance.I f i t is a recommendation for denial,a hearing is held before the state liquor board. City Clerk Kathleen Connelly stated if it is a recommendation for denial,reasons must be provided. City Attorney Joel Stern stated they must have findings if that is their motion, Councilmember Eck asked if the time frame would allow them to continue this to the December 18 meeting. City Attorney Joel Stern commented he believed it was 30 days from acceptance. Councilmember Urich commented there are pages that have been filled out incorrectly and not completed. Vice Mayor Surra commented they listed the business as being in.the County of Maricopa.She questioned i f they knew where they are located. Councilmember Dietz commented this was accepted on October 26 and askedMf the 30 days .starts from then. City Clerk Kathleen Connelly stated i t has to be posted for 20 days prior to the public hearing.They are currently :within the time frame. Councilmember Eck commented he could not understand why they took this so lightly with all the background information here.He believed someone should have been sent to discuss the application. City Attorney Joel Stern commented i t is within 60 days 'after the filing of the application that the city shall enter an order recommending approval or disapproval.That is 60 days from the time that they file with the state. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 4 OF 21 There was general discussion on the possibility of continuing this item to December 18.It was determined to make the recommendation now. Councilmember Urich asked if the fire district completed their investigation. City Clerk Kathleen Connelly stated they did not. Mayor Coleman asked if they would have to outline the reasons for denying the application. City Attorney Joel Stern stated the person making the motion for denial needs to set forth the reasons for recommendation for denial. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY GREGORY SARGOVETZ ON BEHALF OF TEXACO STAR MART BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL DUE TO THE FOLLOWING REASONS:DUE TO THE NUMBER OF VIOLATIONS OF UNDERAGE DRINKING AND UNDERAGE VIOLATIONS AT NUMEROUS PLACES:NO PLAN TO REQUIRE TRAINING OR ANY TYPE OF FOLLOW-UP TO MAKE SURE THAT THIS WOULD NOT HAPPEN IN PARTICULAR PLACES:NO REPORT BACK FROM THE FIRE DISTRICT AS WELL: AND THE APPLICANT WAS NOT PRESENT AND THE APPLICATION WAS NOT ACCURATELY FILLED OUT AND STATING THAT THEY WERE FROM MARICOPA INSTEAD OF FROM HERE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.01-21:DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 5 OF 21 FILED WITH THE CITY CLERK AND ENTITLED "THE 2001 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION"AND DECLARING AN EMERGENCY:PROPOSED ORDINANCE NO.1154: ADOPTING THE 2001 TAX CODE AMENDMENTS TO THE CITY TAX CODE BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE;PROVIDING FOR PENALTIES:PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY )City Clerk Kathleen Connelly briefed the council on the item.These series of changes to the tax code were generated because of legislative changes at the session ending last spring. Following those changes,the Unified Audit Committee together with League of Arizona Cities and Towns and the Arizona Department of Revenue made a series of recommendations regarding those changes.Those changes went to the Municipal Tax Code Commission who subsequently passed them.The cities and towns are now obligated to make the changes that have been recommended by the Municipal Tax Code Commission.The effective date will be later in December and almost all of the cities will have adopted this by their second meeting in December. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak,he closed the public hearing and reopened the items to council discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.01-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 2001 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION,ARIZONA";AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 6 OF 21 Councilmember Dietz MOVED THAT ORDINANCE NO.1154 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Dietz MOVED THAT ORDINANCE NO.1154,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AN -02-00,ANNEXATION PROPOSAL BRINGING APPROXIMATELY 40 ACRES OF PRIVATE LAND AND FREEWAY RIGHT-OF-WAY IN PORTIONS OF SECTION 33 )Assistant Planner Jull McDaid briefed the council on the item.The city received a request from Earnhardt Properties on November 2,2000 to annex approximately 40 acres on the south side of US 60 between Cactus Road and the Royal Palm alignment.State procedures for annexation have been followed:this is the required public hearing prior to the end of the waiting period.The property is currently vacant and has been zoned General Rural by the county:it will therefore be annexed under our General Rural zoning.The general plan specifies most of this area as employment/retail with a small area intended for trails and landscaping.The city must provide police protection,zoning and code enforcement.Water will be provided by the water utility district and sewer by Superstition Mountain Community Facilities District. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 7 OF 21 Mayor Coleman asked where the subject site was located. Assistant Planner Jull McDaid stated i t is immediately adjacent to the west of the existing Earnhardt property currently being developed as the Ford dealership. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he moved on to the next item. OLD BUSINESS UPDATE ON STREET CONSTRUCTION PROJECTS ) )Public Works Director Doug Dobson briefed the council on the item.The storm drain system is complete between Meridian and Delaware on Broadway.The utilities are being completed between Delaware and Ironwood.The contractor is rough grading the curbs,gutters and sidewalks of the complete project and they should be done with the portion between Meridian and Delaware in two weeks.City crews are installing the drainage culverts at San Marcos.The asphalt pulverization will be started in about two weeks.The curbs and gutters have been installed on the west side of Cactus;the east side has been postponed a couple of days due to the rain. Councilmember Eck asked what the projected due date is for the Broadway project to be completed. City Engineer Ron Grittman stated i t should be done in early February. UPDATE ON THE CAPITAL FACILITIES PLAN )Parks Superintendent Nick Blake briefed the council on the item.The skate park is underway;he gave a presentation on its progress.The parking lot is to subgrade right now.The tennis courts and fencing are 50% completed.The demolition part of the swimming pool has taken place to primarily remove the plaster in the areas that need to be replastered.The project appeared to move slowly as the facility infrastructure was being put in.The actual park has been worked on for the last 3 weeks so i t now is taking shape.Construction has been REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 8 OF 21 relatively smooth from a cost standpoint.The skate park is a little bit behind schedule.The school had some concerns about the bus access road but public works has come in and paved the area. Councilmember Eck asked if he could ask about the skate park maintenance and operations. City Attorney Joel Stern stated i t would be appropriate as it goes to the capital facilities plan on the skate park in general. Councilmember Eck commented he was over at Gilbert and his son used the skate park over there.They do not require the use of a helmet there and i t appears they needed an ambulance and/or fire truck about every 3 to 4 hours.He asked if there would be a telephone there so that paramedics could be called to the Apache Junction facility. Parks Superintendent Nick Blake stated there will be a pay phone over by the pool with a sign at the skate park advising of the phone's location. City Attorney Joel Stern stated the sign should also say they should use a helmet. Councilmember Eck commented most of the little kids do have helmets but the teenagers do not.I t is dangerous and the paramedics are consistently there on the weekends.There are no city employees around for supervision. City Manager Curtis Shook stated the city intends to do that differently;it will be supervised. Councilmember Eck commented he would like to see telephone access to the skate park as there will be several calls. Vice Mayor Surra commented they had discussed regulations on the safety equipment that would be required in order to use the facility. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 9 OF 21 Councilmember Eck commented they do not do i t in Mesa either. Parks Superintendent Nick Blake stated they do not require them,but if they do,they are required to have supervision there at all times.The city does not have the resources for that. Councilmember Eck commented he was overwhelmed over there as they have no limit to the amount of skaters that can use the facility at one time. Councilmember Durbala commented he thought they had discussed having someone there and having certain hours on it.The kids were also supposed to have the required equipment or they would not be allowed to skate. Councilmember Eck stated they might need to look into that.Supervision would make all the difference in the world. Vice Mayor Surra suggested the parks and recreation board discuss this at a meeting and give some recommendations. Parks Superintendent Nick Blake they could probably look at that. Vice Mayor Surra stated those are parents who are concerned and she would like to know how they would feel. Parks Superintendent Nick Blake stated there are 8 parks in the valley that have on -site supervision. Mayor Coleman stated that would be somewhat expensive. Vice Mayor Surra commented they have to have lifeguards at the pool.She thought it was worth looking into. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 10 OF 21 City Manager Curtis Shook stated they may be talking about someone who is not specifically dedicated to the skate park but someone who would oversee the park in general.They would be providing security to the park,not instruction. Councilmember Eck commented he liked the vice mayor's suggestion of having the parks and recreation board look at this and make a recommendation. Councilmember Dietz agreed. Mayor Coleman closed the discussion and moved on to the next item. NEW BUSINESS DISCUSSION AND POSSIBLE DIRECTION TO STAFF CONCERNING MOTOCROSS FACILITY SOUTH OF APACHE JUNCTION )Councilmember Durbala commented he had asked for this item but he would like staff to give a report first before discussing this. Senior Planner Rudy Esquivias briefed the council on the item.This was originally brought to the council within the city limits;the development services director drafted a letter to the state advising of several planning issues with the proposed location and the lack of on -site improvements.The council had additional concerns as the new general plan,worked out with State Land,did not have a motocross facility in that area as an approved use,plus concerns for the PM10 regulations.A recommendation of denial was forwarded to State Land on the development.The applicants are now proposing leasing a different site from State Land that is basically farther south than the original site and i t is within Pinal County.He described the sphere of influence planning area. Pinal County Planning and Zoning Commission recommended approval of the request and i t is going on to the board of supervisors.Council has been provided with the Pinal County staff report.The board of supervisors recommended the report as is with all of the 9 stipulations and plus a stipulation to limit the hours of operation.The applicants had requested to go to midnight,the stipulation limits them to 10 p.m.The request is similar REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 11 OF 21 to the one submitted to the city.They are still proposing the use of Porta- Johns and minimal dust control measures.They are looking at water trucks to keep the dust down on the track and putting gravel in the parking lot.The county may require a deceleration lane off of Ironwood.There will be 4 dirt tracks within the planning area,2 would be for more experienced riders. Development Services Director Dean Svoboda commented the board of supervisors is scheduled to hear this on December 19.This is now a request for a permit instead of a lease, reflecting the temporary or non-existent improvements to the site.State Land did not refer this directly to the city as they considered it too far south of the city for referral. Senior Planner Rudy Esquivias corrected the hours of operation.In the wintertime it will be 8 a.m.to dark:in the summer it will be open from 6 a.m.to noon and then from 6 p.m. to 10 p.m. Development Services Director Dean Svoboda stated they plan to have a chain link perimeter fence and a 4'berm will be placed around the property. Vice Mayor Surra asked if the permit would be renewed every year and if gathered complaints and concerns would be taken to the state board to advise them of these concerns,and if that would have an impact on their decision to renew. Development Services Director Dean Svoboda stated he understands that is the situation per State Land.It will be a short term permit with periodic review and the state will be interested in any concerns or complaints. Vice Mayor Surra asked what plans Pinal County's General Plan had for the area. Senior Planner Rudy Esquivias stated i t shows that area as partly transitional to urban land use designation. There does not appear to be a general plan conflict. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 12 OF 21 Vice Mayor Surra asked if there were other things than portable restrooms that can be used to make i t less unsightly for that purpose. Senior Planner Rudy Esquivias stated they do not propose anything more substantial.They mention a concession stand and some small buildings for storage but nothing concerning restrooms. Councilmember Durbala asked if they would still have to have potable water for the snack bars as they would have sanitation needs. Senior Planner Rudy Esquivias stated that is correct.They do mention a water line. Councilmember Durbala asked if this was the group that came to them a year ago. Senior Planner Rudy Esquivias stated that is correct. Councilmember Durbala asked why they are persistent in putting this in Pinal County when the majority of their group is in Maricopa County.He asked if Maricopa County was no longer allowing any more of these to be built within the county. Development Services Director Dean Svoboda commented they are not aware of any moratorium in Maricopa County on these facilities.Their application stated they intend to serve the southeast valley,probably because of the amount of desert and state land in this location.These types of facilities do exist in other parts of Maricopa County. Councilmember Durbala asked if they were mainly in the northern part. Development Services Director Dean Svoboda stated they are mainly in the northwest. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 13 OF 21 Councilmember Durbala commented there is nothing in this area. Councilmember Eck commented Firebird Lake has a facility. Councilmember Durbala stated he is concerned the dust may start drifting over the city and affecting the air quality. Development Services Director Dean Svoboda stated he has seen a memo from Air Quality Control of Pinal County on the facility detailing the water that would be used on the facility and he assumes with that volume of water it would not create large volumes of dust drifting towards the city. Councilmember Durbala asked for staff's recommendation on the facility. Development Services Director Dean Svoboda stated they do not have a hard recommendation at this time;they do have site specific concerns and suggestions.They were asking for council's direction on this project. Councilmember Durbala commented about the remarks in the newspaper today that were for the facility and derogatory to anyone who was against the facility.Their attitude is either do it my way,get out of here or go live in an oxygen tent.He is concerned if this ends up being a long term lease that they would only stay on top of it for the first two years or so.He asked if they were going to have paid volunteers manning the facility or if they were going to have paid staff.He asked how long the State Trust lease was going to be.He asked if County Supervisor Sandie Smith would speak on this issue if the council agreed. The council agreed to let Supervisor Smith speak on the issue. Pinal County Supervisor Sandie Smith addressed the council.She commented the issue is deeper than the motocross. They are worried about the dust,but the people who currently come over and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 14 OF 21 generate the dust on the weekend are within the city limits.She proposes setting up a meeting with the State Land Department,the people who intend the lease the land,and the people who control the air quality.She has asked her air quality to research any violations of PM10 and dust regulations.What is happening could far exceed the limits allowed by their ordinances.They want to work for a solution that would look at the properties within the city limits and outside the city limits.She would like to see an organized way of controlling the dust.If they do not meet all of the stipulations on the special use permit,the permit will go away.They will have EMTs on site. She would like suggestions on how to improve the current stipulations.She would like to continue the item on December 19 until they can meet with State Land and ask what they plan for the whole area and how the dust issue will be controlled on the organized and unorganized sites.She commented the issues up on Baseline are far greater than what will be down at the motocross site at this point as the dust will be controlled and they will have someone on site. There are ATVs raising dust and people shooting guns inside the city limits at this time.Recreation has to be provided for our youth;a balance needs to be found.She will ask the city manager and any of his staff he chooses to attend the meeting,along with her air quality people,Mr.Hudson from State Land and the staff person who handles these leases.There is a lot of state land down through the Queen Creek area and a lessee who has his cattle chased by the ATVs.This needs to be balanced;she would like to see every one sit down and come up with a solution. Vice Mayor Surra asked when the meeting would be. Pinal County Supervisor Sandie Smith stated it would be 11 the first part of January.It will allow them to develop good,substantial stipulations that will let the activity go forward yet address the concerns of council and the citizens. Vice Mayor Surra and Councilmember Durbala commented that this sounded reasonable. Mayor Coleman commented this facility would be fenced and they have to pay to go in there. Pinal County Supervisor Sandie Smith stated it will be contained. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 15 OF 21 Mayor Coleman asked what would stop them from parking 200 yards north of there and riding there. Pinal County Supervisor Sandie Smith stated that is why they have to work with the State Land Department and get everyone's input.State Land issues recreational permits to individuals,but they do declare certain areas off limits for certain things.This will also give the public time for comments on their needs locally. Vice Mayor Surra suggested stipulating that State Land not issue individual permits for the same activity so that all of that type of activity has to be within the same area. Pinal County Supervisor Sandie Smith stated they will know what State Land's limitations are after they meet with them.The meeting should help a lot as there is so much state land surrounding the area and they need to know what the land can be used for.The non -attainment area rules also have to be taken into account. Councllmember Urich commented she hoped the,concerns could be worked out and the facility given- a year's lease as i t is such a positive thing for the youth and adults. Pinal County Supervisor Sandie Smith commented the lease from the state is a year to year thing; special use permits go from day to day.It could be revoked once the stipulations are in there.They ,need to have good, strong stipulations.They need to figure out how to make this meet the needs .and work with 'State Land to accomplish it. Vice Mayor Surra stated they cannot deny the existence of this type of track because of the popularity of it.She would prefer seeing them in an area where there is some supervision and access to medical care rather than what they are doing now.I t is a tremendous task for the police to chase them down. Pinal County _Supervisor Sandie Smith stated they have the added problemof the shooting occurring in the area,even if it is hunting -season and state land.They need to determine the rules for shooting on state land as they are doing i t near the residences.She was not sure if it was illegal to shoot on state land within city limits.: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 16 OF 21 Councilmember Eck commented you cannot shoot within the city limits,even on state land.And you must be a quarter mile from a residence. Pinal County Supervisor Sandie Smith stated she was concerned how they would get in to check that as there are four gates to get in and out.The citizens she has heard from are concerned about the gate near Tomahawk and the residences in proximity there. Councilmember Durbala commented he wanted to bring this to the council so that the county could hear what the council has to say about it.He now knows the county is intending to delay i t and get input from State Land and city staff.Some of the concerns he has may get straightened out,some may not.He added it does not matter if it is free to the public or not,there will still be people going wherever they want. The police department has tried to enforce this on the state trust land. Pinal County Supervisor Sandie Smith stated there are those that will abuse and those that will be responsible. She would hate to have those that are organized and responsible suffer and not receive consideration because of the abusers. Councilmember Durbala stated i t sure seems odd that they have not tried to get something in Maricopa County as they have so many large groups coming from there.The majority of them will come from Maricopa County,with some coming from as far away as Cave Creek.He thought they should work for something on the state trust lands on that side of the county.I t should not be in Apache Junction just because i t is pristine and they want to have i t in that area.He would like to know why there is no available area in Maricopa County as well when they talk to State Land at that meeting. Pinal County Supervisor Sandie Smith commented the ones who are using our rights -of -way and do not have trailers are locals. Councilmember Durbala commented you see a lot of trailers down there. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 17 OF 21 Pinal County Supervisor Sandie Smith stated there are some,but there are also quite a few coming down on the rights -of -way.There needs to be a balance achieved. Councilmember Durbala commented he hoped the meeting would be very productive. Pinal County Supervisor Sandie Smith stated she hoped so,too. Vice Mayor Surra added that some of those driving a distance to participate may see the beautiful area and decide to build homes out here and start businesses.We should never not investigate especially as this is a short term permit.They cannot guess what will happen,but they will have a better idea of what is going on after a very short time.They need to put the best stipulations they can on it. Pinal County Supervisor Sandie Smith suggested having them build a shell around the Porta-Johns.There are a lot of things that can be done that they can explore. Councilmember Eck stated he is for this motocross track.They came to the city and were told no because they were too close.They found a location further south and he thinks i t is a much better location.He raced motocross and rode dirt bikes for about 15 years.They did not have a track where he grew up and everyone was racing in the dirt lots.A motocross track was built on the outskirts of town and that gave them a place to ride.It took a lot of the dust away from town.He would be concerned about dust but they will be required to use water on it. He hopes the people will come from far away and stay at the motels,and the Porta-Johns do not bother him as they use them at the rodeo.He thinks i t will be a good thing and he likes that i t is a permit and not a long lease in case a major development comes that way. Mayor Coleman agreed.He closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE MOTOCROSS FACILITY SOUTH OF APACHE JUNCTION:REQUEST THAT STAFF ATTEND THAT MEETING THAT SANDIE SMITH REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 18 OF 21 IS SETTING UP AND THEN REPORT BACK TO US WITH THE INFORMATION THEY RECEIVE FROM THAT. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AUTHORIZATION FOR PURCHASE OF REAL PROPERTY LOCATED AT 507 NORTH IRONWOOD FROM DOROTHY L.MUELLER IN CONJUNCTION WITH THE CITY'S STREET IMPROVEMENT PROJECT )City Engineer Ron Grittman briefed the council on the item.I t is necessary to purchase this home due to its proximity to the newly constructed back sidewalk.I t is too close to the sidewalk.The best thing is to purchase it outright,construct the project and decide at a later date what to do with the property. Vice Mayor Surra complimented the city engineer for the information he presented at the work session and giving them enough time to review it. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE AUTHORIZATION TO PURCHASE REAL PROPERTY LOCATED AT 507 NORTH IRONWOOD DRIVE FROM DOROTHY L.MUELLER IN CONJUNCTION WITH THE CITY'S STREET IMPROVEMENT PROJECT IN THE TOTAL AMOUNT OF $70,303.00 BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 19 OF 21 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,DECEMBER 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,DECEMBER 18,2001, IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that Councilmember Durbala and the city manager will be leaving tomorrow for the National League of Cities Conference in Atlanta. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:13 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 6,2001. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 20 OF 21 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Ron Grittman. ACCEPTED THIS 18TH DAY OF DECEMBER 2001,BY THE MAYOR AND CITY COUNCIL OF THE, CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH ATTEST: KATHLEEN CONNELLY City Clerk DAY OF DECEMBER ,2001. 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 4th day of December,2001.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of December,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4,2001 PAGE 21 OF 21