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HomeMy WebLinkAbout2000-11-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 7,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 7,2000,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 Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urlch Staff Present: (Councilmember Dietz was absent.) 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 Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 1 OF 37 Development Svcs.Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias 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:SENIOR CUSTODIAN JOYCE BRAYSHAW,CUSTODIAN JOANNE DELYS AND CUSTODIAN ANNE MCELROY FOR THEIR EFFORTS AT CLEANING,WAXING AND POLISHING THE SENIOR CENTER FLOOR;PARKS SUPERVISOR KEITH GRAVES,PARKS & RECREATION EMPLOYEE MATT KING,AND RECREATION COORDINATOR LIZ LANGENBACH FOR PERFECT ATTENDANCE IN THE THIRD QUARTER OF 2000;PARKS WORKER I I JAMES ANDERSON FOR BEING THE PARKS & RECREATION "EMPLOYEE OF THE QUARTER"FOR THE THIRD QUARTER OF 2000;SENIOR ENGINEERING TECHNICIAN DEBORAH HOLLAND FOR BEING THE PUBLIC WORKS "EMPLOYEE OF THE QUARTER"FOR THE THIRD QUARTER OF 2000:AND PUBLIC WORKS DIRECTOR DOUG DOBSON, PUBLIC WORKS MANAGER PETER PLANTE,CITY ENGINEER RON GRITTMAN,PUBLIC WORKS EXECUTIVE SECRETARY ELAINE JONES,PUBLIC WORKS ACCOUNT CLERK TINA MARIE HAYES, VEHICLE MAINTENANCE SUPERVISOR MIKE RUSH,PUBLIC WORKS STREET MAINTENANCE SUPERVISOR GREG MAYER,PUBLIC WORKS MAINTENANCE WORKER FRANK GRANILLO,PUBLIC WORKS MAINTENANCE WORKER TERRY JOHNSON,PUBLIC WORKS MAINTENANCE WORKER DARRELL FLIPPO,AND CODE COMPLIANCE SUPERVISOR BOB MAYES FOR VOLUNTEERING TO WORK THE WHITE GOODS COLLECTION EVENT ON OCTOBER 21;AND THAT RESOLUTION NO.00-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUPPORTING AND COMMENDING THE FRIENDS OF THE LIBRARY OF APACHE JUNCTION FOR THEIR EFFORTS IN SUPPORTING THE APACHE JUNCTION PUBLIC LIBRARY THROUGH A CAPITAL FUNDRAISING CAMPAIGN,BE APPROVED;AND THAT APPROVAL BE GIVEN FOR THE "FOOD FOR FINES"PROGRAM FROM MARCH 1 THROUGH MARCH 31,2001,AT THE APACHE JUNCTION PUBLIC LIBRARY;AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT FOR THE PRESIDING MAGISTRATE,SUBJECT TO APPROVAL OF THE CITY ATTORNEY AND ACCEPTANCE BY THE CITY MAGISTRATE;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SEND A LETTER TO THE LEAGUE OF ARIZONA CITIES AND TOWNS REGARDING TAX CODE AMENDMENTS FOR PLACEMENT OF MANUFACTURED BUILDINGS UNDER ARTICLE IV OF THE MODEL TAX CODE TO PARALLEL STATE LAW;AND REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 2 OF 37 THAT THE AWARD OF BID FOR PW 2000-30,FOUR WHEEL DRIVE LOADER AND GANNON SCRAPER BOX BE AWARDED TO FALCON POWER THROUGH A TOWN OF GILBERT PURCHASE CONTRACT IN THE AMOUNT OF $44,809,00,INCLUDING TAX,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS City Manager Curtis Shook presented a plaque to Assistant Library Director Spencer Paden for his outstanding contribution to the city as Management Information Systems Manager for two years during the Y2K transition. Parks & Recreation Director Jeff Bell gave an update on the first phase of the capital facilities plan.Staff,the design consultants and school officials have spent a considerable amount of time in planning the swim center renovations,skate park development and general park improvements.These projects are all slated for the area between the high school and middle school on Southern Avenue.They believe they have a functional program for both the school and the community.The park master planning is being handled by Seth Placko of BRW.The skate park is being planned by Mark Leone from Site and Design Group.The swim center is being planned by Gene Brauer from Versar Inc.,and Arnold Teton has been assisting with project management services. He also thanked the school district for the assistance of Dr.Sutter,Dr.Al Shockley and Athletic Director Cheryl Morrow. Mr.Gene Brauer,Versar Inc.,briefed the council on the master plan for the entire parks area.The budget is $2.4 million,with $1.7 million earmarked for the swimming pool renovation,$250,000 for the skate park development and $500,000 for the first phase of the park improvements.Some existing facilities will have to be moved or demolished.The tennis courts will have to be relocated,and the roadway along the drainage for the bus storage area will be relocated.They will put in a new football practice area,a new parking lot area for the tennis courts and ball field,a new soccer field and the new skate park.An existing parking lot will be expanded.The swim center will have a new play pool with a zero depth entry,a water slide,play REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 3 OF 37 features and spray features.The diving boards will be replaced,and one diving board will be removed to add a drop slide.The rest rooms will be completely revamped and enlarged.There will be a new entrance with an administration type building and a new equipment building to handle the water treatment for the pool.A concession building will be added to service the pool area and possibly the skate park.Shaded ramadas will be added.A vortex area will be added to the pool area that will have currents in it to help participants exercise.The skate park will be refined according to the information received at last night's meeting.They anticipate the park improvements and the skate park to be completed by next summer.The swimming pool will be completed in 2002.The pool is delayed due to the school district having use of the pool until November 2001. Councilmember Eck asked if the pool would be heated. Mr.Gene Brauer stated the existing pool would be heated. Councilmember Eck asked if it would be designed to accommodate bleachers for when they have swimming meets. Mr.Gene Brauer stated they will have bleachers under the long ramada area. They will also have a sand volleyball area adjacent to the pool with a controlled access for sand to be washed off before they can re-enter the pool area.There is a lot of deck space around the pool for those who want to "set up their own camps". Vice Mayor Surra asked how mature the plants will be that are to be placed in there. Mr.Gene Brauer stated they have put low maintenance plants around the pools. They are desert type plants.They will start with 24"box trees to begin with.There will be landscaping around the pool area. Mayor Coleman introduced Mayor Keno Hawker from Mesa who was seated in the audience. CALL TO THE PUBLIC Mr.Roger Purcell,760 W.Southern,Apache Junction,addressed the council regarding flooding in the Southern and San Marcos area.He and his neighbors REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 4 OF 37 are being flooded out consistently.He has had to replace the carpeting several times;he has replaced the sheet rock and now he is starting to get dry rot because of the amount of flooding.The drainage ditch that comes out of the subdivision behind him is not adequate.The water backs up through the neighbors'property,then through an alleyway into his property and the neighbors on either side of him.He requested something be done to solve the problem. Ms.Janice Parks,790 W.Southern Avenue,Apache Junction,addressed the council regarding the flooding at Southern and San Marcos.She commented the water flows in from San Marcos into her backyard underground and i t has caused an 8'sinkhole where her septic used to be.They found this by digging out to the street.Once the water on San Marcos stops flowing,the water coming into her yard stops flowing.Something needs to be done or her house may eventually end up in a large sinkhole. Mr.Idwin Winberg,3270 S.Goldfield Road,Apache Junction,addressed the council regarding the Superstition Falls development.He is concerned for the traffic control and noise pollution in that area. Mayor Coleman asked Mr.Winberg if he would like to address that item during its public hearing.Mr.Winberg agreed. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He complained that the capital facilities plan was going forward when he has a referendum before the appellate court in Tucson on the issue.He does not want to see any action taken until the court has decided if this is a ballot issue,as he feels there is the possibility it could be wasted time,money and effort.He complained he has still not received the photographs from the police department that he requested via a public information request.He has been told by other agencies that Apache Junction should be the agency to disseminate the information.He is also concerned about the changes to initiative,referendum and recall petition circulators on their being required to be city residents.He feels this prevents local businessmen from filing one on an item that could protect his investment in the community.He urged the city to make the petition circulators qualified electors only. Mr.Raymond Blevins,730 W.Southern Avenue,Apache Junction,addressed the council regarding the flooding at Southern and San Marcos.The flooding runs REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 5 OF 37 along his property line.The wash cannot hold the flow of water;i t overflows into the alleyway where i t is held up by the block wall and overgrown brush. The yards of 730,760,790 W.Southern Avenue,2319 S.San Marcos,and 711 W. 23rd Avenue are flooded.They have talked to the city about this problem since 1991.He requested the city council look into the problem and get i t taken care of. Ms.Lisa Twigg,711 W.23rd Avenue,Apache Junction,addressed the council regarding flooding at Southern and San Marcos.She asked for consideration for the drainage problem in the neighborhood.The easement ditch on the east side of her property continues south through the Blevins yard and out to Southern Avenue.During heavy rains,the ditch overflows,running towards their garage and front porch before going across the front of their yard to the west side,becoming a river,and then running into the alleyway.There is also water coming from the neighbor's yard to the west of them.The water then floods the houses behind them.I t is not a new problem.Before their house was built,the water ran across the entire lot.The builder owned the lot and their house was a spec home.They have been battling this problem since a few months after buying i t in 1991,when i t flooded in December.Upon calling the builder,they were told that after they had poured the slab and framed the house,the city told them it might be too low.She queried why the building permit was issued and why they had not been informed.The public works department graded the ditch deeper for her,but they did not have a solution.Then City Manager Mike Lee stated it was the builder's responsibility.The builder gave them some ideas and landscaping to build up the area in front of their house and river rock for the west side of her yard. This has not solved the problem.The mayor has been out to see the property. This is when public works graded out the ditch.The problem still exists. Doug Dobson had the curb broken down and had concrete poured to control the flow and added large river rock to keep the flow from the house.They continue to get more and more water.Public works has continued to grade the ditch when requested,and engineers have looked at the problem but no one has a solution.They have been told that new development may take care of the problem.She thanked public works and the mayor for the attention to the problem and urged them to find a solution. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He commented on the Stone v:City of Prescott case regarding the use of the emergency clause.The Circuit Court of Appeals threw out the case stating i t did not violate the constitution.It was not an affirmation of that council's REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 6 OF 37 alleged attempt to use an emergency clause to avoid a referendum.The plaintiffs were informed they had brought the case to the wrong court.He challenged the council to explain the logic behind creating the citizen's right of referral if the council can simply add an emergency clause to an item thought likely to be referred.He will watch to see if the use tax returns with an emergency clause.He urged the revision of the city tax code and gave a handout on suggested changes;he then commented on his suggested changes. While he urged the repeal of some taxes,he urged the addition of a property tax. Mayor Coleman requested that a permanent solution to the drainage or storm sewer problem be found in order to provide relief to the area of Southern and San Marcos. Vice Mayor Surra stated that is not the only problem area.They need a citywide storm drain system. Mayor Coleman agreed he had received phone calls from all over,but everything drains to that one corner the way that subdivision is built. There was general discussion as to whether direction could be given to staff on the issue at this meeting or if it would have to be brought back at another meeting for direction.It was determined it would have to be brought back on a future agenda. CITY MANAGER'S REPORT City Manager Curtis Shook commented staff gave a presentation on county legislation affecting air quality in the city.As of January 1 cars will need to be emissions tested.Council has tried to keep the city out of the non- attainment district but i t has not been successful.Council has asked for an emissions testing station in Apache Junction.Air Quality is in the process of awarding a request for proposal for emissions testing in the east valley. I t is currently unknown if the city will receive a station,and he will send another letter requesting one.The non -attainment area extends almost to Florence Junction.He commented the alternative fuels debacle will apparently have an impact on sales tax for municipalities.It appears it will cost the city $250,000 to $300,000 in income tax revenue from the state shared revenues. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 7 OF 37 PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE APACHE JUNCTION ROTARY CLUB #1246 FOR SUPERSTITION MOUNTAIN STAMPEDE,NOVEMBER 24-26,2000 )City Clerk Kathleen Connelly briefed the council on the item.I t is an annual request.The application was submitted for review and their comments are attached.There have been no objections to the issuance of the license.The applicant is in attendance. Mayor Coleman requested the applicant address the council. Mr.Gary Collins,927 E.Mesquite, was there to represent the rotary club.This is one of the fundraising activities they do for their scholarship program. Councilmember Urich asked if the security personnel would be supplied by the AJ Mounted Rangers. Mr.Gary Collins stated that was correct.Everyone's ages will be checked and they will have to wear wrist bands. Councilmember Eck asked if the format would be the same as last year. Mr.Gary Collins stated it would. He believes there will be two beer stations,but they may need a third for Lost Dutchman Days. 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 called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE APACHE REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 8 OF 37 JUNCTION ROTARY CLUB #1246 FOR THE SUPERSITION MOUNTAIN STAMPEDE BE RECOMMENDED FOR APPROVAL AND THAT THE RECOMMENDATION BE FORWARDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1143/PZ-08-00, REZONING REQUEST BY MOUNTAIN VIEW LUTHERAN CHURCH AND CHRISTIAN ASSISTED RETIREMENT FOR EVERYONE )Associate Planner Rudy Esquivias briefed the council on the item.The property is approximately 13.5 acres and currently has three different zoning districts;the north 5 acres is CR-4/PD, south of the sanctuary is GR,and the remainder is C-3/PD.The church has purchased all of the property to the south and southwest of them and they propose to develop an expanded campus,including a new fellowship hall,a school,and an assisted living complex and independent living facility.The existing day care center will be converted into administrative offices.I t will be developed in phases.This will be a planned development with unifying design elements and a master landscaping plan.The fellowship hall will have a recreation area and classrooms.The living facility will be a three story building.They are asking for a maximum building height of 31';the CR-S zone typically allows a 25'height.The commission recommended approval of the project.Neighbors were contacted and there have been no calls on the development.He briefed the council on the conditions in the ordinance.All buildings must be sprinklered.As there is a street separating the three story building from residences and additional setbacks on either side,a 25' deviation from the normal 60'setback has been justified.The existing sanctuary is already at about 31'in height.The applicant is in attendance. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 9 OF 37 Vice Mayor Surra asked if the 31' height was asked for in order to line up with the sanctuary or to accommodate the ceilings. Associate Planner Rudy Esquivias stated the request height is to accommodate the building height.The existing sanctuary is 38'in height according to the applicant.What is seen on top of the building are parapet walls hiding mechanical equipment. Mayor Coleman requested the applicant address the council. Mr.Craig Eyerly,10617 N.24th Street,Phoenix,addressed the council.He represents Mountain View Lutheran Church and he will be developing the assisted living and independent living facilities.He commended city staff for being very helpful. Councilmember Eck asked what the first phase would be. Mr.Craig Eyerly stated the first phase would be the assisted living and independent living facilities.The church will build the fellowship hall recreation portion next,with the classroom wings being added one at a time,dependent on their financial situation.I t could be done in as early as a year,but they may be a year apart. Councilmember Eck asked if there is an appropriate fire sprinkler system on the three story building. Mr.Craig Eyerly stated there is. I t is part of the city's requirement. Councilmember Urich asked if there are extra fire hydrants that the deputy fire marshal mentioned. Mr.Craig Eyerly stated that will be done during site design. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 10 OF 37 had a problem with that request. Councilmember Urich asked if they Mr.Craig Eyerly stated they do not. Vice Mayor Surra asked if there were basketball courts superimposed over the recreation hall. Mr.Craig Eyerly stated the larger court is built to high school specifications and the perpendicular one is for grade school. Vice Mayor Surra commented that they intend to play basketball there. Mr.Craig Eyerly stated that is correct. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1143 BE READ BY TITLE ONLY 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. Councilmember Eck MOVED THAT ORDINANCE NO.1143,AS READ BY THE CITY CLERK,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 11 OF 37 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1144/PZ-09-00, PLANNED DEVELOPMENT MAJOR AMENDMENT PLAN APPROVAL FOR SUPERSTITION FALLS NORTH COMMERCIAL TIER BY S.F.II,L.L.C. )Associate Planner Rudy Esquivias briefed the council on the item.This is for a commercial development at the southeast corner of Goldfield Road and US 60.This is a 21 acre property zoned general commercial.This is the first phase,consisting of seven proposed commercial lots north of the entrance to Superstition Falls off Goldfield Road.This is a comprehensive design package with unifying design elements incorporated in the clubhouse at Superstition Falls.It will have a unified theory in signage,arch windows,undulating buildings,stucco buildings with tile roofs,archway features and similar landscape elements.A Phillips 66 gas station is proposed for lot B.The corner also includes a convenience mart and a car wash.Council requested a use identified for each lot and that was included in the staff report.Lot A is a proposed restaurant,lot B is a gas station,east of the gas station is a two story motel,and the next three lots are proposed medical,office buildings or retail shops.Lot 7 is proposed as a sit-down type restaurant.Deviations requested are a waiver for separation walls and a waiver of perimeter walls. The landscaping would be added to along the entrance drive.They will need to add additional landscaping elsewhere to bring i t up to the landscaping regulations.The ordinance represents the motion made by the commission.I f council wishes to nail down the uses previously described,he recommended that condition number two be reworded as referenced in his memo.He described the comprehensive sign package.The commission was concerned with the 45'sign proposed along the freeway.After reviewing all the information on building and freeway heights,the commission recommended the sign height not exceed 35'.As the freeway is approximately 23'high,this give the normal 12' visibility from ground level.They asked for two 16'high signs located to either side of the entry drive near the gas station and restaurant,and an additional 16'sign at the motel entrance.The commission recommended those REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 12 OF 37 sign heights be limited to 12'.The council did not want to accept the entry drive as a public roadway which is addressed in condition number nine. Councilmember Eck commented they are essentially doing hard zoning instead of a palette of uses for the lots. Associate Planner Rudy Esquivias stated it would be use specific. Councilmember Eck asked if it would be a general plan amendment if they wanted to put something different on those lots. Associate Planner Rudy Esquivias stated it would require a planned development amendment. Councilmember Eck asked if those would have to be passed with a two-thirds vote. Associate Planner Rudy Esquivias stated it would be by majority vote of the council after the commission had made its recommendation. Councilmember Eck commented he did not understand the reference to the public roadway in condition number nine. Associate Planner Rudy Esquivias stated the applicants would be required to do any additional improvements and dedications on Goldfield Road.The engineering department is asking for deceleration lanes which do not show up on this concept plan.A deceleration lane is needed leading up to the driveway.The dedication of the driveway to the city has been taken out of the ordinance. Councilmember Eck asked if the main roadway would be a private access road. Associate Planner Rudy Esquivias stated the main entrance drive is a private road.The improvement plan shows that it was constructed to city residential standards.The road was not inspected.The council needs to decide if they want i t public or private. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 13 OF 37 Vice Mayor Surra asked what he anticipated would be retail shops. Associate Planner Rudy Esquivias stated the zoning permits a variety such as delis,clothing stores,shoe stores,furniture stores and arts and crafts shops.The developer is intending to develop those as medical or office buildings but there is the possibility of light intensity neighborhood businesses. Vice Mayor Surra asked if the ordinance stipulated that because it does not appear to.I t only states retail shops.She asked if the language for that variety of use should be stipulated. Associate Planner Rudy Esquivias stated they can if they want to. Vice Mayor Surra asked if they can stipulate i t by number from what he had read. Associate Planner Rudy Esquivias stated that was from his memory;he was not reading i t from anything. Vice Mayor Surra stated that palette of uses would be acceptable to the people who were buying there. Associate Planner Rudy Esquivais stated they could insert something into condition number two. Vice Mayor Surra commented she thought there was something in the city code giving a palette of uses.She just wanted the number of that to insert into the condition. Associate Planner Rudy Esquivias stated the C-3 zone permits a lot of uses not already mentioned here that the council does not want in this commercial subdivision,such as auto repair and supermarkets.The applicants have not requested a palette of uses,but that could be inserted into condition number two requiring those uses to be light intensity,neighborhood friendly -type retail. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 14 OF 37 Councilmember Durbala commented he would like to see condition number nine changed from may include to shall include the provisions of curbs,gutters and sidewalks. There was general discussion on the freeway sign regarding its height and visibility.I t is believed there would be half mile visibility which would give drivers time to exit the freeway. Councilmember Durbala commented people could see the 45'sign,but they probably would not see the 35'sign until they were up close to it or past the ramp. Associate Planner Rudy Esquivias stated i t could be compared to the Super 8 sign which can be seen for a half mile and i t is 36'. Mayor Coleman requested the applicant address the council. Mr.Phil Entz,from S.F.II,L.L.C., 11201 N.23rd Avenue,Phoenix,addressed the council.He commented on the manner in which the property was designed.They requested the waiver on the walls to provide ease of access for pedestrians and vehicular traffic.They do not have a problem with the stipulation as written regarding the uses,nor altering it to prevent high intensity uses.I t is to be for residential service and retail related to office uses.He agreed to planned development amendments if there was to be a major change in use.He believes the final discussion on the entrance road should be discussed at the subdivision plans when they come before council later.They wanted the 45'sign for the westbound traffic on the freeway;the hotel could block part of the sign due to the curve in the road.The major users could also be included on the sign and they would be visible over the hotel. Vice Mayor Surra asked if the gas station design could be modified to make it more in keeping with the other buildings. Mr.Jerry Little,301 W.Furnith, Phoenix,the architect of the gas station,car wash and quick service restaurant facility,addressed the council.The building materials come from REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 15 OF 37 the building's use;this calls for a masonry building.The stucco is incorporated to match the rest of the center;they are trying to incorporate the elements of the center yet still keep the durability.The block will be painted to match the existing facility.They will be using split -faced and scored block with different color bands. Vice Mayor Surra commented she just wanted to know if they were going to make any modifications,and they are not. Mayor Coleman opened the public hearing on the item. Mr.Idwin Winberg,3270 S.Goldfield Road,Apache Junction,addressed the council.The Desert Sun Community is concerned with their entrance.I t is almost exactly across from the proposed entrance to this complex.During the winter months there is a high density of traffic on Goldfield traveling beyond the speed limit.He believes it will be difficult for people to enter their complex.He is concerned with the traffic control plan. Mr.Jim Madge,3270 S.Goldfield Road,Apache Junction,addressed the council.He is concerned with the traffic problem this may cause.He would like to know what provisions are being made for residents of Desert Sun Condominiums to be able to make a left turn from their driveway. Mr.Dick Augustine,3270 S. Goldfield Road #217,Apache Junction,addressed the council.He is also concerned about the traffic situation.All of the traffic will be coming by them as there appears to be no entrance before their drive for the commercial complex.There are only two lanes of traffic and i t is difficult to get out of their complex now.There is a light pole that is also in the way.He is concerned that all traffic from the gas station and their condominiums will funnel into one lane of traffic.This was originally a residential area,and commercial is now being brought in.He enjoys looking at Superstition Mountain,but they may be seeing a 45'sign instead.His wife is allergic to petroleum products so a gas station across the street would not be healthy for her.He complained that the rezoning change occurred in September when it was difficult for them to attend from out of state. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 16 OF 37 Ms.Kathleen George,3270 S. Goldfield Road,Apache Junction,addressed the council.Her concern is for safety and traffic flow.She commented there are 200 units at Desert Sun and 700 units at Superstition Falls.Golden Vista has almost 1,000,and there are two other manufactured home developments on Baseline.There is only one road in and one road out.There are 250 parking spaces in the commercial complex. There is also the proposed hospital impacting the area,creating over 3,000 possible vehicles in the area.The only other exit is Baseline,and i t only goes one way.This is over impacting Goldfield.She urged the council to consider this. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He is concerned with the sign situation on the freeway.The sign heights need to be addressed.He asked if the people further south were being considered.He asked if when the freeway was approved as an advertising corridor.He urged finding a better way to advertise the businesses yet still protect the vistas of the city.He believes 45'is too high.He does not believe the standard of how much can be seen from the freeway is a good way of looking out for the citizens or travelers on the freeway who are looking at these signs. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented if the bypass for Gold Canyon goes in,the interchange would be directly east of this.If there is an interchange there,people traveling in the area should not be looking at high signs.The freeway services signs are better which indicate what services are available at each intersection.He also suggested moving the dual use site of office/restaurant to just east of the motel as there is a residential area just southeast of that.It would make the restaurant closer to the motel and the hospital,and it would make for less distance for the general public to travel on that road.I t appears a traffic light would be needed at this interchange. Mr.Larry Anderson,3270 S. Goldfield Road,Apache Junction,addressed the council.He asked if the extension of Baseline to the highway had been considered.This could alleviate some of the traffic from Baseline and those coming from Gold Canyon to the hospital. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 17 OF 37 Mayor Coleman closed the public hearing on the item and reopened the item to council discussion. Councilmember Urich asked if Desert Sun Condominiums is in the unincorporated area. Associate Planner Rudy Esquivias stated that is correct. Councilmember Urich asked i f Goldfield is a two lane road. Associate Planner Rudy Esquivias stated is not completely constructed at this time.I t is section line road that will be a five lane road,and the applicants would be required to make any improvements that need to be made to Goldfield Road to accommodate their development.There will be two northbound lanes,two southbound lanes and a middle turn lane. Councilmember Urich asked if the area south of the freeway,where it goes into one lane,will be expanded. Associate Planner Rudy Esquivias stated that is correct. Councilmember Urich commented this would alleviate some of their concerns.She asked if the entrance was directly opposite. Associate Planner Rudy Esquivias stated the engineer requires that.They either have to be lined up or off set by 200'.I t is also not the only entrance drive.There is a northerly drive that will serve three uses.There will be a main entrance drive for the hospital,and Baseline is proposed to go farther east than Goldfield Road as the mobile home park is being developed.There will be a secondary emergency entrance for that park there,as it will extend about three-quarters of the way across. Councilmember Eck asked if it will be adequate for them to turn north out of Desert Sun. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 18 OF 37 Associate Planner Rudy Esquivias stated they would be turning into the middle turn lane and then accessing their lanes accordingly. Councilmember Eck asked how far i t is to their entrance. Associate Planner Rudy Esquivias stated i t is about 100 yards after coming off the freeway ramp. Councilmember Eck commented i t appears it will be difficult,but he does not know if there is another solution other than going with five lanes. Associate Planner Rudy Esquivias stated once the traffic patterns emerge and people learn what places to avoid, some of that may be resolved.Baseline is also a two way road and people can access the freeway on Tomahawk from that development. Councilmember Eck asked if the current private drive has sidewalks now. Associate Planner Rudy Esquivias stated he does not believe it does.That was an issue during the subdivision approval. Councilmember Eck commented if this is going to be a city street,they need to have the sidewalks on both sides now. Associate Planner Rudy Esquivias stated the commission made the recommendation that the city could put in the sidewalk in twelve months,but the developer would also have to have his sidewalk developed in twelve months whether the lots are developed or not.He believes they will be asking for sidewalks whether this is a private or public road. Councilmember Eck commented he supports the sidewalks now and recoup i t from the developer later. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 19 OF 37 Associate Planner Rudy Esquivias commented since they do not know the timing of the development,there could be segments missing from the sidewalks for a long time. Vice Mayor Surra asked him to clarify the use for lot 7. Associate Planner Rudy Esquivias stated lot 7 would be a restaurant.It would not be for medical or office uses. Vice Mayor Surra commented there is a restaurant closer to the gas station and hotel. Associate Planner Rudy Esquivias stated that is correct. Vice Mayor Surra commented there were some very good points made regarding the,traffic and signage.She has had the same concerns,especially on the signage.Earlier they did not have permission to put that kind of signage on the freeway,but now they do so there is no reason to put the 35'or 45'signs by the freeway.People generally do not go to hotels without some prior plan.She disagrees with the altering of the signage and wants to protect the vistas.She is in agreement with the suggestions made tonight.The traffic issues are a concern to her. Mayor Coleman asked if the twelve stipulations are already included in the ordinance. Associate Planner Rudy Esquivias stated those twelve are those as recommended by the commission.If they wish to change number two and number nine,they would need to mention the amendment in the motion.Vice Mayor Surra also mentioned specific uses for the lots. Councilmember Durbala asked why they could not say just what they are supposed to be.I t should not have to be broader. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 20 OF 37 Associate Planner Rudy Esquivias stated retail is a broad term:some uses may be more obnoxious than they would want to see,such as a pawn shop,gun shop,or a bar. Mayor Coleman asked how much wider the entry drive would have to be in order to be considered commercial. Associate Planner Rudy Esquivias stated the main roadways where most of the commercial areas are located have 100'right-of-ways.Apache Trail has 150'right-of-ways. Mayor Coleman commented most of those do not go through residential. Associate Planner Rudy Esquivias stated that is correct.This road is basically built to residential street standards,which is a 50'right-of-way. Councilmember Eck agreed with the vice mayor on the height of the sign.They need to set a precedent on the height of these signs.The freeway indicator signs are very helpful.More of the mountain gets cut off the further one goes east.They need to control the growth there. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1144 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 21 OF 37 Councilmember Durbala MOVED THAT ORDINANCE NO.1144,AS READ BY THE CITY CLERK,BE APPROVED WITH THE FOLLOWING STIPULATIONS ADDED:ON NUMBER TWO,IT READ WITH THE EXACT ITEMS THAT ARE LISTED FOR BUSINESSES WITH THE EXCEPTION OF WHAT SAYS RETAIL MUST BE USER FRIENDLY AND NEIGHBORHOOD FRIENDLY ON THAT ONE;AND THEN ON NUMBER NINE,IN THE SECOND SENTENCE,SAID SAID IMPROVEMENTS,WHERE IT SAYS "MAY"IT SAYS "WILL"INCLUDE THE PROVISIONS OF THE CURBS AND GUTTERS. Councilmember Insalaco SECONDED THE MOTION. Vice Mayor Surra commented she did not believe number two went far enough in stating for the record what you would need in the motion regarding the retail shops.She AMENDED THE MOTION THAT IT STATE THAT IT WOULD BE FROM THE COVER MEMO THAT WAS SUPPLIED BY STAFF WITH THE ADDITION OF,IN NUMBER TWO,THAT THE BUSINESS OFFICES OR RETAIL SHOPS WILL BE LIGHT INTENSITY,NEIGHBORHOOD FRIENDLY RETAIL ONLY.She commented the signage was not included in any of the motion. Councilmember Durbala stated that is because i t limits the signage to 12'in the complex and 35'for the freeway. There was no discussion stating they were against either of those heights. Councilmember Urich commented Rudy had suggested different language on number nine.She suggested that be included. Vice Mayor Surra CONTINUED TO AMEND THE MOTION WITH TO REMOVE THE WORDS "THE ENTRANCE DRIVE TO SUPERSTITION FALLS" IN STIPULATION NINE;IT WAS TO BE DELETED. Councilmember Durbala asked her to make the amendment on the signage. Vice Mayor Surra CONTINUED TO AMEND THE MOTION WITH THE SIGNAGE TO NOT EXCEED THE STANDARD THAT IS ALREADY SET FOR SIGNAGE. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 22 OF 37 There was general discussion as to what the standard height limit is.The standard is 12',anything taller must have a conditional use permit or planned development request to go higher. Councilmember Eck SECONDED THE AMENDMENT. Councilmember Urich MOVED TO MAKE AN AMENDMENT TO INCLUDE ALL OF THE ABOVE WITH THE EXCLUSION OF THE SIGN PROVISION. leave the freeway sign at 35'. correct. SECOND AMENDMENT. Mayor Coleman stated that would Councilmember Urich stated that is Councilmember Insalaco SECONDED THE Mayor Coleman called for a vote on the second amendment first. VOTE:5-1 (Vice Mayor Surra voted in opposition.) The second amendment carried. Mayor Coleman called for a vote on the first amendment. Councilmember Durbala asked that the vice mayor pull her amendment since there would be no change as the sign has been accepted. Vice Mayor Surra refused to pull her amendment. VOTE:1-5 (Mayor Coleman,Councilmembers Urich,Durbala,Eck and Insalaco voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 23 OF 37 The first amendment failed. Mayor Coleman called for a vote on the main motion. VOTE:Unanimous. The motion carried. Mayor Coleman called for a five minute break. Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.00-35/GPA-00-01, GENERAL PLAN AMENDMENT REQUEST TO CHANGE DESIGNATION FOR A 16,536 NET SQUARE -FOOT TRIANGULAR -SHAPED PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD DRIVE AND 16TH AVENUE FROM MEDIUM DENSITY (RANGE 1 TO 6 DWELLING UNITS PER ACRE,TARGET DENSITY 3.5 DWELLING UNITS PER ACRE)TO EMPLOYMENT/RETAIL;PROPOSED ORDINANCE NO. 1141/PZ-00-12,REZONING REQUEST FROM CR-3 (SINGLE FAMILY RESIDENCE,PERMITTING SITE- BUILT HOMES ONLY)TO C-1/PD (NEIGHBORHOOD COMMERCIAL/CONVENIENCE DISTRICT BY PLANNED DEVELOPMENT)FOR A PROPOSED PROFESSIONAL OFFICE BUILDING )Development Services Director Glen Van Nimwegen briefed the council on the item.The applicant would like to develop the site for an office building of 3,600 sq.ft.The site needs to be rezoned to commercial,calling for a general plan amendment.Staff recommends denial of the general plan amendment if one is just looking at the rezoning as this could affect subsequent zoning cases.The general plan calls for commercial uses to be located at arterial intersections.Staff would not like to set a pattern of commercial uses at half mile arterials.This will be a difficult site to develop and changing the zoning to retail would raise the intensity.Staff checked the other uses for the site;they could increase the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 24 OF 37 zoning to a multi -family designation without amending the general plan.Staff determined i t could be single family,a duplex,a park,a recreation area or an accessory use for the Seventh Day Adventists adjacent to the site without a general plan amendment.The Department of Commerce was sent a letter regarding the general plan amendment and commented since i t is a small site, i t should be neighborhood friendly retail.The only comment received at the planning and zoning commission meeting was that i t remain office.The planning and zoning commission voted 4-3 on both the general plan amendment and the rezoning.They felt this was the best use for this piece of property and the neighbors seem to be happy with it.Council had been concerned with the other elevations.In order to fit the project on the site,they will have to build over a 20'landscape easement on 16th Avenue.Staff recommends landscaping approximately 5'of the right-of-way of 16th Avenue from where their site ends to where the arroyo crosses 16th Avenue.The applicant agreed to the trade-off and agreed to maintain the landscaping. Councilmember Eck asked what the buildings would look like coming southbound. Development Services Director Glen Van Nimwegen stated the applicant will show them some representations. Vice Mayor Surra commented the water that came off that lot totally engulfed the street when she drove down this earlier.She asked if this would be an opportunity for the city to get rid of the flooding problem there.The neighbors state i t happens every time i t rains. Development Services Director Glen Van Nimwegen stated they would be required to retain the water that falls on the site.If the right-of-way is landscaped,they can use some of that for retention.There may be other water that is ending up there from perhaps off the street. Vice Mayor Surra stated i t looked like it was over running whatever is in there now. Councllmember Eck asked if she meant it was coming off the lot into the street. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 25 OF 37 Councilmember Durbala asked if the water was coming down that whole street.All of the rain did not land on that property,and all the water is not on the property. Vice Mayor Surra commented i t looks like a little ditch,possibly worn there from the most recent rain,but the water runs across that lot every time i t rains,and it goes well into the street. Development Services Director Glen Van Nimwegen asked if the water from the arroyo crosses over the property. Vice Mayor Surra stated that is correct.I t definitely runs off of that lot.The whole lot is flooded. Councilmember Insalaco stated the water is coming from underneath Ironwood and coming all the way through the wash.He travels that way going home. Vice Mayor Surra asked how they could build something there if it always floods. Councilmember Insalaco commented i t is not flooding on that piece of property;that wash continues. Mayor Coleman commented Ironwood used to flood all the time before the culverts were put in.I t is better now than it was,but there is still a problem with 16th Avenue.However,this property is not the problem;there is a large wash running there. Development Services Director Glen Van Nimwegen stated it will be improved but not solved permanently by taking the water off that falls on the side. Mayor Coleman requested the applicant address the council. Mr.Steven Ray,3850 E.Baseline Road,#115,addressed the council.He is sure that they will be required to retain all of the water that falls on that property.The water comes from a REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 26 OF 37 large area of property from upstream and it pours through there and has for as long as he can remember.The property was left undeveloped because there was nothing they could do with i t at that time.It was earlier considered to be a good property for a convenience market,but i t is obvious that this would not be a good location for one now.This property was not rezoned earlier because he was not sure just what he wanted to do with the property for a long time. Mr.Evan Ray,1936 W.Ray Lane, Apache Junction,addressed the council.He gave the council examples of the possible elevations.They want to build the most beautiful office building in the city.They believe i t is the best option and would add the most value. The architecture will be upgraded all the way around and i t is buffered on all sides.It will give the lowest impact for the property,as they intend to sell custom homes from the site. Councilmember Eck asked about the elevations examples they were given. Mr.Evan Ray stated that the building shown is bigger in size,but i t has the architecture they will be using. Councilmember Eck commented it would look like this all the way around,as there appears to be no back side. Mr.Evan Ray stated there will be a back side that will have heavy landscaping to beautify that. sides show ficus trees for landscaping. finally decided on the landscaping. like to see something like that. to see i t look nicer than that. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 27 OF 37 Councilmember Eck commented the Mr.Evan Ray stated nothing had been Councilmember Eck commented he would Mr.Evan Ray stated they would like Councilmember Urich commented they appear to have the support of the neighbors. Mr.Evan Ray stated they did go around to the neighbors to get their support.There have been no objections. Councilmember Insalaco commented there could be no better way of showing the customers their homes than to sell them out of a good looking building that they built.This building looks more like a house than a commercial building,and he thinks i t is the best thing for this property. Councilmember Durbala agreed.This states if they can build offices like this,and this is what the architect can do,they should be able to sell custom homes from there.It will also have a low intensity use.The building looks very nice and it will fit in nicely. Mayor Coleman opened the public hearing on the item. Mrs.Beverly Pilling,1515 S.Mara Drive,Apache Junction,addressed the council.She commented the neighborhood thinks i t is a very good plan and they are looking forward to it.She commented she has lived there for fifteen years and the wash has never overflowed.I t crosses 16th Avenue and goes into another wash farther down in an undeveloped area.The neighborhood has no objections to the development. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He likes the project and would like to see more of them. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He commented corporate offices are ideal in a downtown development area;this change would hinder downtown development.The best use would be either a parking lot or expansion by either of the two adjacent churches.He hoped the city would do more than the usual in sending out a notice to see if these churches have any expansion plans.It could also be space for a utility.If this is granted,the owner REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 28 OF 37 should be required to provide maintenance for the wash.He also commented on the water flow in the wash. Mr.Alan Gruening,1815 W.15th Avenue,Apache Junction,addressed the council.He commented people were probably not here for the planning commission meeting because the people on Mara are all winter visitors.He is concerned about the flooding and the wash running from under Ironwood.The real flooding is on 16th Avenue.He does not believe the site contributes a lot to it,but the water from Ironwood joins this wash and i t piles up at the corner.He questioned putting a building where one knows it will flood.He is also concerned as there is no other commercial zoning in the area,and once they have built all their homes, what would be going in there later.However,he will not object if the people living on Mara are for this. Ms.Irene Jones,1667 W.15th Lane, Apache Junction,addressed the council.They look out over the wash.From her yard she could see that there was no flooding in the triangular area,i t was all water going down into the wash. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented they have difficult pieces of property throughout the community.Each individual lot cannot be foreseen in the general plan..This is one that slipped by in the -general plan:The council would not be needed if they could just follow the policy of the general plan.Hetelleves this is a.goodwse for the type of lot that i t is. Mayor Coleman agreed.The tendency is not to put something of this quality on a problem lot.They frequently. have a fence put around them and are made into RV'storage lots. Councilmember Eck commented it would be a horrible place for any utility. Mayor Coleman closed the discussion with no more comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 29 OF 37 Councilmember Urich MOVED THAT RESOLUTION NO.00-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-00- 01,A REQUEST TO REDESIGNATE AN 16,536 SQUARE -FOOT PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD DRIVE AND 16TH AVENUE FROM MEDIUM DENSITY RESIDENTIAL (RANGE 1 TO 6 DWELLING UNITS PER ACRE,TARGET DENSITY 3.5 DWELLING UNITS PER ACRE)TO EMPLOYMENT/RETAIL,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich -MOVED THAT ORDINANCE NO.1141 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Durbala SECONDED THE MOTION'. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1141:AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED: Councilmember Insalaco SECONDED THE MOTION. Development Services Director Glen Van Nimwegen commented there was an amendment to condition number three involving landscaping and maintaining the full ,arroyo. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 30 OF 37 Councilmember Urich AMENDED HER MOTION TO INCLUDE THE CONDITION RECOMMENDED FOR CONDITION NUMBER THREE. Mayor Coleman commented this would mean landscaping the first five feet only of the arroyo. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1142/AMENDING APACHE JUNCTION CITY CODE CHAPTER 1 GENERAL,ARTICLE 1-13 QUALIFIED ELECTORS, RELATING TO QUALIFICATIONS FOR PETITION APPLICANTS AND CIRCULATORS WITH AN EMERGENCY CLAUSE )City Attorney Joel Stern briefed the council on the item.The ordinance changes the requirements for applicants and circulators on nomination,recall,referendum and initiative petitions.It will require that the person be a resident who has a physical presence and intent to remain within the corporate limits of the city.I t also adds several forms of showing identification. Mayor Coleman commented the current ordinance has been overturned through case law:it cannot state just a qualified elector.This broadens to anyone who qualifies as an elector, whether registered or not. City Attorney Joel Stern stated i t allows for anyone who is qualified to register to vote for a city election. This is per state statute. Mayor Coleman commented it would be more inclusive than what is currently in the code. City Attorney Joel Stern stated this broadens the amount of people that could be applicants or circulators. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 31 OF 37 Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He stated individuals would have to be living in the city in order to apply for a referendum.This makes it more difficult for someone that does not reside in the city,such as a businessman who has a substantial investment in the community and may be at risk by some legislation,to refer something here.He also questioned the use of the emergency clause on this ordinance,as questions are moving through the courts on the use of emergency clauses and there may be local lawsuits brought on the issue. Mr,Tom Schuelke,1889 S,Palo Verde,Apache Junction,addressed the council.He approved of all residents being able to petition instead of just registered voters,however,he does not agree that a person should be a city resident.While i t is easier for some, it will be more difficult for others.A seasonal resident,a business owner and a property owner who does not reside within the city limits could not circulate petitions.He does not believe this would ban non-residents from circulating state petitions.He questioned the purpose of this ordinance.I t could force a second person to circulate a local petition.I t appears the city is attempting to thwart referendums.The petition circulators provide a service to residents,and only actual residents can sign the petitions.He questioned why this was discussed in executive session only.He asked what are the effects of the emergency clause and why one was declared here.He suggested doing away with the registration requirement as required by case law but not restrict the activity to city residents. City Attorney Joel Stern read into the record "the emergency clause,under Section 4 says,the immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace,health or safety,and that an emergency is hereby declared to exist.Such emergency being,but is not limited to,the proximity in time to the first day nomination petitions may be circulated for the March -May 2001 primary and general elections."The petitions are authorized to be circulated beginning Monday,November 13,2001."This ordinance shall be in full force and effect,from and after its passage, adoption,and approval by the Mayor and Council of the City of Apache Junction,and shall not be subject to the referendum provisions under A.R.S. §19-142(8)."The majority of this language has been approved by the 9th Circuit Ruling in Stone v.City of Prescott.The U.S.Supreme Court refused REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 32 OF 37 to rehear that case,therefore this language is legal to use in any emergency clause. Mayor Coleman closed the public hearing with no one else wishing to speak.He commented that the council has not done anything to thwart any referendum movements.They set policy.He has not challenged anything and he believes that comment was totally unfair. He commented a businessman could not take out a petition right now if he did not live in the city.This allows those residents that are qualified to vote but not registered to be able to circulate petitions. Councilmember Eck asked if a businessman or property owner who is not a current city resident could not take out a petition. Mayor Coleman stated that is correct.It was felt that in order for something to be put on the ballot for our citizens to vote on,there should be at least some citizens who can vote in the elections to carry petitions.He was concerned that someone would be collecting signatures on something the circulator could not vote on or affect. I t should be of interest to the people circulating the petitions. Councilmember Durbala commented i f they are a resident,they should be able to carry a petition.He does not think someone from Scottsdale should be coming over and knocking on residents' doors and disturbing them for petition signatures.They do not live in the community and probably have no idea what the petition is for that they are carrying.They are paid per signature and there is some fraud in some of these.A resident would know the people and what is going on in the community.He believes city residents carrying petitions is the best thing. He has pushed this for sometime. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1142 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 33 OF 37 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Durbala MOVED THAT ORDINANCE NO.1142,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE EMERGENCY CLAUSE. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 34 OF 37 Councilmember Urich MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 4,2000,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 5,2000, IN THE CITY CONFERENCE ROOM.She noted these must be called at this time due to the cancellation of the November 20 work session and November 21 regular meeting. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Councilmember Insalaco SECONDED THE )Mayor Coleman adjourned the meeting at 10:42 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of October 17,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Joyce Brayshaw;Joanne Delys;Anne McElroy;James Anderson;Keith Graves;Matt King:Liz Langenbach;Deborah Holland;Doug Dobson;Peter Plante;Ron Grittman:Elaine Jones;Tina Marie Hayes;Mike Rush;Greg Mayer;Frank Granillo;Terry Johnson;Darrell Flippo;and Bob Mayes. 4.Approval of Resolution No.00-34,Supporting the Friends of the Library of Apache Junction fundraising effort. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 35 OF 37 5.Approval of "Food for Fines"Program to be held March 1-31,2001,at the Apache Junction Public Library. 6.Consideration and approval of employee agreement for presiding magistrate. (The current contract expires December 31,2000.) 7.Authorization for Mayor to send a letter to League of Arizona Cities and Towns regarding tax code amendments for placement of manufactured buildings under Article IV of the Model Tax Code. 8.Approval of Award of Bid for Project No.PW 2000-30,Four Wheel Drive Loader and Gannon Scraper Box from Falcon Power Company for $44.809.00. ACCEPTED THIS 5TH DAY OF DECEMBER ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF DECEMBER ,2000. DOUGLAS CIEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 36 OF 37 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 7th day of November,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 16th day of November,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7,2000 PAGE 37 OF 37