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HomeMy WebLinkAbout1999-01-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 19,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 19,1999,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 Pastor and Police Department Chaplain Jim Trout gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Paul Stears Development Services Director Glen Van Nimwegen Public Works Superintendent Peter Plante Long Range Planner Kate Morris Associate Planner Rudy Esquivias Assistant to the City Manager Michael Munroe 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:HOUSING & GRANTS COORDINATOR JOHN PETROFF:PARKS & RECREATION DIRECTOR JEFF BELL;PARKS SUPERVISOR KEITH GRAVES;PARKS SUPERINTENDENT NICK BLAKE;PARKS & RECREATION REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 1 OF 20 DEPARTMENT EMPLOYEE JEFF BLASDALE;RECREATION SUPERINTENDENT BETH COWLES; PARKS & RECREATION DEPARTMENT EMPLOYEE JAKE HAYDUK;PARKS & RECREATION DEPARTMENT EMPLOYEE MATT KING;RECREATION COORDINATOR LIZ LANBENBACH; RECREATION LEADER JAY REYNOLDS;PARKS & RECREATION DEPARTMENT EMPLOYEE TIM SIZEMORE;PARKS & RECREATION DEPARTMENT EMPLOYEE JIM WALL;AND THAT APPROVAL BE GIVEN FOR AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY SHERIFF'S OFFICE AND THE CITY OF APACHE JUNCTION FOR GRANT FUNDS FOR COORDINATION OF THE HIGH INTENSITY DRUG TRAFFICKING AREA,MARICOPA COUNTY METHAMPHETAMINE TASK FORCE,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO EXECUTE THE AGREEMENT AS APPROVED BY THE CITY ATTORNEY;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE CITY OF APACHE JUNCTION FOR THE COLLECTION OF CITY SALES TAX BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO EXECUTE THAT AGREEMENT AS APPROVED BY THE CITY ATTORNEY;AND THEN FURTHER,YOUR HONOR,I WOULD LIKE TO CONTINUE ITEM NO.10 FROM OUR REGULAR AGENDA UNDER OLD BUSINESS UNTIL SUFFICIENT INFORMATION REACHES COUNCIL SO THAT IT MAY RENDER AN INFORMED DECISION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC • Mr.Ron Kill,349 S.Saguaro,Apache Junction,addressed the council regarding Pool Partners.Pool Partners has been working with several organizations over the last several months that are interested in improving and expanding the swimming facilities in Apache Junction.He thanked all of them for their hard work and community involvement.He commented another check for $2,400 had been deposited in the account for the construction of a larger swimming facility,totaling since June $5,411.28.In addition,on Thursday,February 18,the Grand Hotel will be having a Pool Partners benefit;any meal ordered between 6:30 a.m.and 9:00 p.m.will have the total amount on the receipt donated to the construction of the new swimming facility. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPEAL OF ORDINANCE NO.940 LANDSCAPE AND REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 2 OF 20 SCREENING REQUIREMENTS/ODOM )Associate Planner Rudy Esquivias briefed the council on the item.The property is at the northeast corner of E.Second Avenue and S.Winchester Road.It is zoned CR-5,apartment zoning. The applicant has requested a waiver for a portion of her north wall.She does not want to have to build the easternmost 40'of the wall due to awash that comes through the area.Construction of the wall would present some engineering concerns.The wall would have to withstand the wash and she is concerned it will not serve its purpose as an additional barrier.He gave an overview of her property and her original plan.She has since proposed to build a short wall to keep people from backing up into the wash and retention area.Staff is concerned about granting administrative waivers in an area that has some outstanding features to it,but mostly the need for engineering. The on -site engineering does not appear to have been completed on this site. Staff is not concerned about the east wall being moved as i t is not a requirement of Ordinance No.940.She has already constructed that wall,but staff has not seen a revised site plan;they are unsure how it affects her parking lot.They need to be sure there is adequate parking area and that the spaces have not been reduced in size.Staff is concerned about the retention area as it appears to be disconnected from the site,however,it does need to be maintained,kept clean and landscaped according to Ordinance No.940.Her revised plan shows a desire to keep the natural vegetation that is there and to leave it as is.The west side of the retention basin has had slight improvements,the east side is basically in its natural state.The area should be completely landscaped and treated according to the requirements in the ordinance.Staff is also concerned about the north wall;it may look awkward if a wall is not constructed there;if she sells the property later to the north,the new owner will have to contend with that portion of the wall. The wall is also an engineering concern.The certificates on the apartment units have not been released,and the issue of on -site engineering is now beyond the city as the construction is finished on the site.Council has the option of waiving the requirement for the wall or require her to build the wall and provide engineering plans.Staff recommends using the motion recommended by the city attorney for either approval •or denial of this request since it closely relates the reasons for granting a waiver as contained in Ordinance No.940,and that the language be similar to that granting a variance.Approval should include the recommended stipulations,including those in the staff report,including additional landscaping and the issue of the retention basin. Councilmember Dietz asked if she would still be responsible for doing the landscaping on the east side of the wash if this waiver is approved. Associate Planner Rudy Esquivias asked if he meant the right-of-way. Councilmember Dietz stated he was talking about the wash itself. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 3 OF 20 Associate Planner Rudy Esquivias stated that is something they would request. Councilmember Dietz asked if the other side,which is not part of this appeal,still had to be landscaped to fulfill the ordinance requirements. Associate Planner Rudy Esquivias stated she has not asked for the landscaping in the retention area to be waived.Her revised landscaping plan shows some landscaping in the retention area,consisting of a couple of trees along the west side of the retention area and some existing vegetation that she would like to leave there.This would basically be her landscaping.He does not believe that would comply with Ordinance No.940 as i t is limited landscaping. Councilmember Dietz commented he was just making sure it was separate from the other section of wall that they had been talking about earlier. City Attorney Joel Stern reminded them that the landscaping had nothing to do with the appeal. Councilmember Urich asked if there was any information on how many waivers had been granted of Ordinance No.940. Associate Planner Rudy Esquivias believed they had processed maybe six of them.The waivers approved for buffer walls and landscaping have normally been tied to trade-offs.Usually they waived the buffering requirements in exchange for a substantial amount of additional landscaping to a larger area.They have denied a couple,the most recent a chain link fence requested instead of a block wall. Mayor Coleman requested the applicant address the council. Ms.Debora Odom,420 E.Second Avenue,Apache Junction,addressed the council.She passed out some pictures to the council to assist in her presentation.She requested a variance for not putting up a block wall or fence on the east wall of her property across a deep wash.She believes the section in question is only 31',not 40'.She described her property as it currently exists and referred to her photographs. She described the wash and the number of feet it drops throughout.She does not believe the original fence line will accomplish the screening device requirement for Ordinance No.940.Her proposed fence will act as a safety barrier for the residents and as a retention wall for her parking lot.She had an engineer initially review her project for financial feasability.The engineer did not recommend putting in a block wall,but a pre -cast concrete box structure placed on footings to prevent them from being undermined,which would allow for the water flow,and it would cost between $30,000 and $50,000. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 4 OF 20 The engineer recommended not putting in any fence on the east boundary as i t could potentially constrict the water flow.A structure would not allow the overflow to run eastwardly.She requested her new site plan be approved and the placement of the masonry block wall be moved to the east boundary of her parking structure instead of the property boundary and that no further stipulations be added. Councilmember Dietz commented he thought i t looked very nice. Ms.Debora Odom stated she had every intention of complying but natural issues came up in the course of construction that were not anticipated. Councilmember Eck asked if she would consider a trade-off of planting some additional desert vegetation on the southeast side if this appeal were granted. Ms.Debora Odom asked if he meant on Second Avenue. Associate Planner Rudy Esquivias stated staff had suggested perhaps doubling the trees along two of the street frontages. Ms.Debora Odom commented she was open to those issues,but she believes the trees she has already planted,when mature,will almost be crowded together. Councilmember Eck stated he was referring to some other ones. Ms.Debora Odom stated those were on the north side.She added that corner is larger in size and has less landscaping at this time.She would not be opposed to adding additional landscaping there.She commented she has tried to construct a beautiful building and she has no intentions of not complying:i t is just that this span of fence has been a real problem.She described how they removed the desert vegetation from this property to her other property and how they are now replanting the vegetation back on this property.They only need to landscape the area along the fence line,which they have every intention of doing. Vice Mayor Surra stated the two parcels need to be defined and she believed the wall needed to be done all the way across the property line. Ms.Debora Odom asked if that was even at a cost of $50,000. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 5 OF 20 Vice Mayor Surra commented she did not know what the cost would be and doubted Ms.Odom did either since she has not had an engineer study done.The city requests that of any and every person who will be putting a wall in and she should continue it.The east wall was not something that was required so it does not matter if that was moved,which has already been done,from where it was on the original plan. Ms.Debora Odom stated she had asked Rudy before moving it and was told they could put walls anywhere inside their property:they would not require a permit and they needed it for a safety issue. Vice Mayor Surra stated the only part that comes into it is the 31'or 40'section that defines the north parcel from the south parcel. Ms.Debora Odom stated that was true.She owns the property,and if anyone else owns the property they will have the same concerns that she has as it relates to the northeast corner. The wash runs completely along the northeast boundary.It would have been easier to resolve in the beginning but the city constructed a culvert which was not put into the easement. City Attorney Joel Stern requested she refrain from speaking on an active lawsuit involving some of the issues just mentioned.He also requested the council not to make any comments relating to the lawsuit. Ms.Debora Odom stated the engineer that she spoke with works for the Federal Highway Administration and frequently works on flood control.He recommended the wall not be constructed over the wash as he was concerned about the potential for flooding. Vice Mayor Surra asked if there were any circumstance,if this land was owned by someone else,that would make it impossible to apply the ordinance,other than the fact of cost. the question. Ms.Debora Odom asked her to repeat Vice Mayor Surra repeated the question,adding this would include any special conditions that were there that would make it impossible for this ordinance to be applied. Ms.Debora Odom commented the only condition was the potential for flooding. Vice Mayor Surra commented they are talking about across the north wall. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 6 OF 20 Ms.Debora Odom stated the wash runs north/south so the wall would go right over the top of the wash. Vice Mayor Surra asked if there were any information she could give regarding how the site is constructed now as averse to how it was before she started working on it. Ms.Debora Odom did not understand the question. Vice Mayor Surra asked if she looked at everything prior to beginning work on the site. Ms.Debora Odom stated she had,but other things have impacted their original site plan.She cannot speak of them due to the active lawsuit. Councilmember Durbala asked the city engineer if some type of grating should be used over that wash instead of a block wall. that was true. is what he would recommend. that is what he would recommend. City Engineer Paul Stears stated Councilmember Durbala asked if that City Engineer Paul Stears stated Councilmember Durbala surmised that the cost of the grating would not be near the cost of the solid block wall. City Engineer Paul Stears stated there are many different systems that could solve the issue other than the pre -cast concrete solution. Councilmember Durbala asked if Ms. Odom had been thinking of a solid wall all the way across the wash. Ms.Debora Odom stated the engineer told her you cannot block the wash.The opening has to be at least five feet high and twenty-five feet wide to allow for the current capacity flow to go through there.She believed she would have to have a barrier allowing the water to go through with the fence sitting on top of it. Councilmember Durbala asked the engineer if that situation were true. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 7 OF 20 City Engineer Paul Stears commented you do not normally put a wall across a wash,but it can be engineered. Councilmember Durbala asked if the cost estimated was accurate. City Engineer Paul Stears stated it was accurate for a pre -cast concrete system,but there are other solutions, like the grate. Ms.Debora Odom commented it would have to be able to support a 6'high concrete,masonry wall.She was told it most likely would not be able to support that. City Engineer Paul Stears commented it could be engineered. City Attorney Joel Stern asked i f the cost being talked about by the city engineer would include the plans and materials. City Engineer Paul Stears stated that was correct. City Attorney Joel Stern asked if that would be from a licensed engineer with the State of Arizona. City Engineer Paul Stears stated it would a licensed civil engineer with the State of Arizona. Councilmember Dietz asked if the northeast section of the wash had been changed since the project was begun. Ms.Debora Odom stated it had not. Councilmember Dietz asked if it had been the same the whole time. Ms.Debora Odom stated i t is not the same as when she bought the property,but i t has been the same since she started the project. Mayor Coleman opened the public hearing on the item. Mr.Neil Pilant,North 37306 Lakeside Drive,Elk,Washington,addressed the council.He read a letter of support for Ms.Odom from Mr.John Ford,a property owner adjacent to Ms. Odom. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 8 OF 20 Ms.Teresa Barker,P.O.Box 2202, Campe Verde,Arizona,addressed the council.She read a letter of support for Ms.Odom from Mr.Harvey Klein,another neighbor. Mr.Jim Brooks,1840 E.Warner, Suite A105,Tempe,addressed the council.He is the construction manager of the project.He wanted the council to understand that this is a beautiful, natural wash.The wall would be on the borderline to right in the middle of the wash.He believes the ordinance intends to beautify the city,but this design would defeat the purpose of the ordinance.It will look ugly.There will be a big hole that will not screen anything and it will be a play hole and possible death trap for children.In addition,he believes i t is against Arizona law to put fences in washes.It could create a flooding liability for the city and Ms.Odom.He also believes the cost burden is ridiculous.He believes this wall will look ugly and it will not be safe. Mayor Coleman closed the public hearing with no one else wishing to speak.He called for any further comments or questions from the council. Councilmember Eck stated the lot north of this property is vacant,as well as the lot just north of that.The latter lot has followed the same setback with a chain link fence due to the wash.He cannot see where this wall would serve any use. Vice Mayor Surra asked if the wash would be the property owner's responsibility for maintenance and upkeep regardless of the location of the east wall. Ms.Debora Odom stated i t is her property and it would be her responsibility to maintain it.She has landscaped it with rock and cactus.She feels 100% responsible as a property owner to maintain it.She added she runs children out of there everyday. Vice Mayor Surra asked if the amount of landscaping on the total property met the other guidelines for Ordinance No.940. Associate Planner Rudy Esquivias stated he cannot answer that question as her landscape plan has not been approved yet.The approved original plan was not implemented.Resident Landscape Architect Nick Blake had gone out to the property and found that the plants in the ground did not reflect the plants on the plan.She was requested to revise the plan,show what was there and show compliance with Ordinance No.940.The revised plan came in with this council package.Upon checking the revised plan with the current status of the property,it showed it was still out of compliance.She does have a lot of vegetation out there and they have no reason to believe that she cannot comply with the ordinance, but at this point in time she has not. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 9 OF 20 Vice Mayor Surra asked if they should still see that landscape design to see if it is in compliance before they grant the appeal. Associate Planner Rudy Esquivias stated that was correct.She needs to comply. Vice Mayor Surra asked if it could be used as a stipulation,that the plan meets or overmeets the expected number of plants. City Attorney Joel Stern commented they can add stipulations to condition the variance on things related to the wall.He would not recommend conditioning it on her resubmittal of a landscape plan that would only serve the current landscaping.A condition should not require someone to do something that is already required. Vice Mayor Surra asked if they could continue the appeal until the plan is approved. City Attorney Joel Stern commented the council could desire to continue the matter if they find it is within the general welfare of the public or of the city to do so. Councilmember Eck asked if it was okay to add to the motion that she had agreed to additional landscaping. City Attorney Joel Stern stated they could add additional landscaping if they wanted to get something in exchange for granting the variance.It must be related to the property and the function of the property. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE APPEAL OF ORDINANCE NO.940 BY DEBORA ODOM FOR A WAIVER OF THE SIX FOOT TALL MASONRY WALL REQUIRED ALONG THE INTERIOR NORTHERNLY PROPERTY LINE AT THE DEBORA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF WINCHESTER ROAD AND SECOND AVENUE BE APPROVED SINCE THE APPLICANT PRESENTED ADEQUATE EVIDENCE DEMONSTRATING THAT THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS ATTACHED TO THE PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER LAND,BUILDINGS OR IMPROVEMENTS ON OTHER PROPERTY IN THE NEIGHBORHOOD SUBSEQUENT TO THE ADOPTION OF THIS ORDINANCE AND SUCH SPECIAL CIRCUMSTANCES ARE NOT SELF-IMPOSED,AND THAT THE GRANTING OF THE APPLICATION WILL NOT MATERIALLY AFFECT THE HEALTH, SAFETY OR WELFARE OF PERSONS RESIDING,WORKING OR OTHERWISE LOCATED IN THE NEIGHBORHOOD AND WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE NEIGHBORHOOD,AND THAT THE APPLICANT HAS AGREED TO LOCATE ADDITIONAL LANDSCAPING ON THE SITE. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 10 OF 20 Councilmember Durbala SECONDED THE MOTION. VOTE:6-1 (Councilmember Urich voted in opposition.) The motion carried. Mayor Coleman minute break. Mayor Coleman meeting. called for a ten reconvened the PROPOSED RESOLUTION NO.99-03/ABANDONMENT OF FEDERALLY PATENTED EASEMENT PORTION OF 17TH AVENUE FROM VISTA ROAD TO WICKIUP ROAD )City Engineer Paul Stears briefed the council on the item.This abandonment is for the Arizona Medical Buildings and is being done in conjuction with the development of the Apache Junction Oncology Center.This will allow for additional parking,landscaping and the provision of appropriate setbacks as the lot has an unusual triangular shape.17th Avenue does not continue through to Old West Highway;it picks up again on the other side of Tomahawk.All of the adjacent properties south of the abandonment are in support of it,and over 50% of the surrounding properties are in favor.All effected utilities and agencies were notified and there have been no objections.Apache Junction Water requested a utility easement for future use.The review committee had no objections and the transportation board recommended approval unanimously.Staff supports the abandonment.He added Mr.Brown from Arizona Medical Buildings was in attendance for any questions. Mayor Coleman asked how soon the development would be expected to begin after the passage of the abandonment. Mr.Brown stated they had been waiting for over a year for the abandonment to be approved.They have all their engineering done and the plans are finalized. City Engineer Paul Stears commented he believed the hold up was the inability to get the transportation board together with enough to form a quorum. Mr.Brown described the service they are building in Show Low and hoped they could provide the same type of service in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 11 OF 20 Councilmember Eck commented he was sure there was something else besides not having enough members that held up the transportation board. 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. Vice Mayor Surra requested to make the motion.She MOVED THAT RESOLUTION NO.99-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUCNTION,ARIZONA,PURSUANT TO A.R.S. §28-7214 DECLARING THAT A PUBLIC HIGHWAY EASEMENT DESCRIBED IN ABANDONMENT CASE AB -97-02,IS NO LONGER NECESSARY FOR RIGHT-OF-WAY FOR PUBLIC ROADWAY PURPOSES AND IS HEREBY EXTINGUISHED,BE APPROVED IN ORDER TO ACCOMODATE THE DEVELOPMENT OF THE SITE AS AN ONCOLOGY CENTER WHICH WILL SERVE IN THE BEST INTEREST OF OUR COMMUNITY IN ORDER TO BRING A LEVEL OF HEALTH CARE NOT PREVIOUSLY PROVIDED. Coucilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.99-04/VACATION OF THE DEDICATED RIGHT-OF-WAY PORTION OF 17TH AVENUE FROM VISTA ROAD TO WICKIUP ROAD ) )City Engineer Paul Stears briefed the council on the item.This is the second part that must be passed for the development to proceed. Mr.Brown gave his condolences to the city for the loss of Cindy Selvy.She had done a lot of research for them.He thanked the city engineer and the city manager for helping to see the project through. 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 further discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.99-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PURSUANT TO A.R.S.§28-7214 DECLARING THAT A PORTION OF A DEDICATED RIGHT-OF-WAY IDENTIFIED AS 17TH AVENUE FROM VISTA ROAD TO WICKIUP ROAD DESCRIBED IN ABANDONMENT CASE AB -97-02,IS NO LONGER NECESSARY FOR PUBLIC ROADWAY AND ASSOCIATED PURPOSES AND IS HEREBY VACATED,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 12 OF 20 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1067/WAIVE BUILDING PERMIT,DEVELOPMENT AND/OR GRADING FEES ON CONSTRUCTION RELATED ACTIVITY BY THE SCHOOL DISTRICT )City Manager Curtis Shook briefed the council on the item.Council directed the ordinance be put together to provide for the use of school bonding funds to build schools in the city. This ordinance will allow all the building,inspection,permitting and other fees that go along with the development of schools to be waived by the city manager where appropriate,allowing those funds to be used for capital improvements for the school district.The city enjoys a superior partnership with the school district and it has joint use of a number of facilities, including some to be built under this bond issue.He recommends approval. 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 fora motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1067 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz 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 -ORDINANCENG.1067,AS READ BY'THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Ihsalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 13 OF 20 OLD BUSINESS. SUPERSTITION FALLS MANUFACTURED HOME PARK FINAL DEVELOPMENT PLAN )Long Range Planner Kate Morris briefed the council on the item.The number of lots has actually been reduced from the original number.As the drainage is finalized for the project,the number may reduce more.The amenity package also took a few spaces.Any reduction is not a concern,only an increase.An increase would require the project to come back for public review. Councilmember Eck asked if this is in Apache Junction. Long Range Planner Kate Morris stated i t is. Councilmember Eck commented the newspaper ad does not say Apache Junction anywhere on it. Long Range Planner Kate Morris stated it is at the northeast corner of Goldfield and Baseline. Mr.Les Meyers,the director of marketing and sales,apologized to the council.The advertisement was directed at getting people to Superstition Springs Mall where they had a model and a booth there to promote the development.When the second phase begins, they will have a sales center there and they will then direct people to Apache Junction.In addition,last fall they took a road show to Anaheim on this project and they had cases of brochures on Apache Junction.They will do that with wherever the shows are.The Superstition Springs advertisement was an oversight. in Apache Junction. stated i t is. Councilmember Eck commented they do like to promote the community. Mr.Les Meyers agreed with him.He added he and one of his commercial development partners volunteered to work on the economic development committee.They are trying to promote the community. Councilmember Urich asked if he thought it was misleading when they state that only 77 lots are available,and that it appeared they might be for sale,when they are not. Mr.Les Meyers stated they are not for sale,but the idea of 77 lots is to create a sense of urgency for people to decide to move in.If they tell them there are 700 available,they believe they have time to wait. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 14 OF 20 There was general discussion between the council and Mr.Les Meyers on the vicinity of major attractions listed on the map. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT THE FINAL DEVELOPMENT PLAN FOR SUPERSTITION FALLS MOBILE HOME PARK BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION PERMITTING PROCESS TO ALLOW LIMITED AND TEMPORARY SIGNS BY PERMIT ONLY FOR IN -CITY SUBDIVISIONS )Councilmember Eck briefed the council on this item.He wants to control some of the signs that are going up all over the community.He would like to develop some guidelines instead of creating an ordinance at this time.The ordinance can come later if need be. Development Services Director Glen Van Nimwegen added staff is putting together an ordinance that will require a conditional use permit for off -site signs.It should be before council in six weeks.They can try the guidelines until then,and if more is needed,they can then add this to the ordinance and have these also require a conditional use permit.Staff would like to let the developers know what the city would like to see and give them a chance to police themselves. Vice Mayor Surra asked if that really works. Councilmember Durbala commented they seem to police themselves on the weekends because they all seem to be gone on Monday mornings. Vice Mayor Surra asked if the guidelines would lessen the number of signs and restrict the sizes. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 15 OF 20 Development Services Director Glen Van Nimwegen stated that was correct. Vice Mayor Surra asked if staff will have to communicate the policy and if it would be brought back to council. Development Services Director Glen Van Nimwegen stated they could bring it back to council if they desired as an information item.It will basically be on what was discussed last night at the work session. Councilmember Eck stated it would be the number of signs,size and the appropriate placement. There was general discussion on this being a discussion item at a future meeting,what would be expected and what the consequences would be. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PERMITTING PROCESS TO ALLOW LIMITED AND TEMPORARY SIGNS BY PERMIT ONLY FOR IN -CITY SUBDIVISIONS: THAT STAFF WILL DEVELOP GUIDELINES FOR WEEKEND SUBDIVISION SIGNAGE TO STATE THAT ONLY ACTIVE SUBDIVISIONS IN THE CITY ARE ALLOWED SUCH SIGNAGE.OTHER GUIDELINES WILL ADDRESS THE NUMBER OF SIGNS ALLOWED,THEIR SIZE AND APPROPRIATE PLACEMENT.THE INITIAL IMPLEMENTATION OF THE GUIDELINES WILL BE VOLUNTARY. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES SELECTION OF EXECUTIVE SESSION DATES )This is for the selection of dates for city manager and city attorney performance evaluations. Councilmember Durbala asked if these could be done without any other business going on. Councilmember Insalaco suggested doing it in one night. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 16 OF 20 Councilmember Durbala doubted it could be done in one night.He would prefer to be able to do i t in two or three hour sessions and get it done in two meetings.He would not like to have it on a regular meeting night. Councilmember Eck commented they are supposed to write their individual performance and that would take a certain amount of time.He suggested they give a recommendation on how long it would take them to do that. Councilmember Durbala asked how much time the council would like to give them to write their response. Mayor Coleman suggested February 4th or 18th,which are Thursdays. Vice Mayor Surra could not recall i f she had any meetings on those nights.She suggested the Mondays and Tuesdays between the council meetings. Councilmembers Eck,Insalaco and Dietz agreed with those dates. Mayor Coleman suggested February 9th. Councilmember Urich suggested doing it after one of the council meetings,as the meetings have been shorter than the work sessions recently. Mayor Coleman again suggested February 9th. There was general discussion on this date,time and where the session should be held. Councilmember Eck requested that they be notified of the meetings. Councilmember Dietz suggested pizza for a dinner meeting.There was general discussion with council agreeing on a dinner meeting. Councilmember Dietz asked if the city manager and the city attorney would have time to complete their information. Vice Mayor Surra stated they would have the self -assessments in that length of time. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 17 OF 20 City Manager Curtis Shook commented they should have them by the last week of January. Vice Mayor Surra stated they should have time to go over them and be prepared at the February 9th executive session. Councilmember Eck asked if they needed to put restrictions on the thickness of the self -assessments. Vice Mayor Surra stated it should follow the format of last year's forms and should be totally inclusive of those pages. City Attorney Joel Stern stated he would need more time if they are asking for the same information as last year. Vice Mayor Surra stated they do not need all of that.He should follow the formatted pages that he will be given. Everything should be on those pages only. There was general discussion on what he should provide for this year. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DATE BE SELECTED FOR AN EXECUTIVE SESSION FOR CITY MANAGER AND CITY ATTORNEY PERFORMANCE EVALUATIONS:THAT WE HAVE A DINNER MEETING ON FEBRUARY 9TH,1999,AT 6:30 IN THE CONFERENCE CENTER. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P,M.BE HELD ON MONDAY,FEBRUARY 1,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY. AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 2, 1999,IN THE CITY CONFERENCE CENTER. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 18 OF 20 VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman thanked everyone for their attendance at the retreat on Saturday.He felt like it was productive and he is very excited with the results. Councilmember Eck stated he had his son take some of the capital facilities surveys to his 4th grade class at Four Peaks and he found an overwhelming amount of them interesting.He read a number of the comments to the amusement of the council. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:44 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 5,1999. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:John Petroff;Jeff Bell;Keith Graves;Nick Blake;Jeff Blasdale;Beth Cowles;Jake Hayduk;Matt King; Liz Langenbach;Bill Lawrence;Jay Reynolds;Tim Sizemore and Jim Wall. 4.Approval of Intergovernmental Agreement with Maricopa County Sheriff's Office for grant funds for coordination of the High Intensity Drug Trafficking Area,Maricopa County Methamphetamine Task Force. 5.Consideration of Agreement for Collection of Taxes between City and Arizona Department of Revenue. ACCEPTED THIS 2ND DAY OF FEBRUARY ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF FEBRUARY ,1999. DOUGLAS GOLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 19 OF 20 ATTEST: 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 19th day of January,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of January,1999. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 19,1999 PAGE 20 OF 20