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HomeMy WebLinkAbout1999-07-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 20,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 20,1999,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias Long Range Planner Kate Morris REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 1 OF 35 Captain Dan Scott ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE EXCEPTION OF ITEM NO.3 WHICH WE WOULD LIKE TO REMOVE UPON THE REQUEST OF OUR CITY ENGINEER WHO REQUIRES ADDITIONAL INFORMATION IN ORDER TO CORRECTLY ESTABLISH COST ASSESSMENTS FOR THAT STREET LIGHT IMPROVEMENT DISTRICT;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARKS & RECREATION CUSTOMER SERVICE REP I MIA HERNANDEZ;RECREATION SUPERINTENDENT BETH COWLES; RECREATION COORDINATOR LIZ LANGENBACH;RECREATION COORDINATOR JAY REYNOLDS; PARKS SUPERINTENDENT NICK BLAKE;PARKS SUPERVISOR KEITH GRAVES;PARKS EMPLOYEES JOE ORNELLAS,MATT KING,TIM MILLS AND TIM SIZEMORE;LIBRARY EMPLOYEE TRISH PELLETIER;AND THE BUILDING DIVISION;AND THAT THE AWARD OF BID FOR PR -99-02,PROFESSIONAL SPORTS OFFICIALS,BE AWARDED TO SOUTHWEST OFFICIALS IN THE AMOUNT OF $15.00 PER GAME FOR ADULT SOFTBALL (CO-ED,MENS AND WOMEN'S) AND GOLDEN AGES SOFTBALL;AND THAT THE AWARD OF BID FOR PR -99-01,PROSPECTOR PARK RAMADA IMPROVEMENTS,BE AWARDED TO PROFESSIONAL PLAYGROUND INSTALLERS IN A BASE TOTAL AMOUNT NOT TO EXCEED $51,046.14 WITH AN ADDITIONAL 10% TO BE USED ONLY IN THE EVENT OF UNFORESEEN CONDITIONS RESULTING IN THE NEED FOR A CHANGE ORDER WHICH WOULD NOT EXCEED $5,104.61;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO SIGN THE CONTRACT PENDING APPROVAL OF THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW-99-16,THE TRAFFIC SIGNAL MODIFICATION DESIGN AT PHELPS DRIVE AND WEST APACHE TRAIL,BE AWARDED TO DAVID EVANS IN A BASE TOTAL AMOUNT NOT TO EXCEED $16,024.20;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO SIGN THE CONTRACT PENDING APPROVAL OF THE CITY ATTORNEY;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN US WEST COMMUNICATIONS,INC.AND THE CITY OF APACHE JUNCTION TO FURNISH AND MAINTAIN OPERABLE TELEPHONES FOR INCARCERATED INMATES AT THE PUBLIC SAFETY DEPARTMENT BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO EXECUTE THE AGREEMENT;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION GANG TASK FORCE PARTICIPATION AND REIMBURSEMENT OF PERSONNEL COSTS BE APPROVED,AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO EXECUTE THE AGREEMENT AS WELL.SO FAR AS ITEM NO.3,WE WOULD LIKE TO HAVE THAT REMOVED TO A FUTURE AGENDA,TIME AND PLACE TO BE LISTED LATER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 2 OF 35 The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho Rd.,Apache Junction, addressed the council.She had attended an open house at the ASU East Campus and she had taken some questionnaires from the open house to pass out among the citizens.These questionnaires need to be turned into the governor's office by August 1.She encouraged everyone to read this and see how they feel about open space and about a land trust being able to preserve areas of the state.She believes there are numerous areas in Pinal County which need to be preserved.When the state land goes up for sale,the developers or other interests will outbid the county unless it can be preserved in some way. Another meeting will be held in Casa Grande on July 28. Mrs.Pat Richmond,3080 14-16th Street,Apache Junction,addressed the council regarding "Pool Pals".She had an additional $1,120 from the Lost Dutchman Fraternal Order of Eagles to give to the program.She presented the funds to Parks & Recreation Director Jeff Bell. Parks & Recreation Director Jeff Bell thanked the Fraternal Order of Eagles for raising funds in excess of over $12,000 in the past nine years. Mrs.Midge Conway,902 S.Ocotillo,Apache Junction,addressed the council. She complained that signs regarding planning and zoning are not being put up. She requested better signs that people can read. CITY MANAGER'S REPORT City Manager Curtis Shook commented on three ways citizens can get involved in the planning and other procedures that the city is going through.The first is the general plan process,which includes general discussion on the general plan.The second is the Leadership Training Institute and the third is the boards and commissions.He briefed them on the procedures involved in all three. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 3 OF 35 PUBLIC HEARINGS PROPOSED RESOLUTION NO.99-27/DECLARING AMENDMENTS TO CHAPTER 14 CABLE TELEVISION A PUBLIC RECORD:PROPOSED ORDINANCE NO. 1086/ADOPTING BY REFERENCE AMENDMENTS TO CHAPTER 14,CABLE TELEVISION:PROPOSED CONTRACT FOR THE RENEWAL/RENEGOTIATION OF THE CABLE SYSTEM LICENSE CURRENTLY HELD BY TRIAX MIDWEST ASSOCIATES.L.P. )City Attorney Joel Stern briefed the council on the item.They are now in the final stages of negotiations and staff recommends that these items be continued for two weeks,at which time they should have a final product.He commended the city manager and his staff for their work on this;it frequently takes eight months to a year to negotiate an agreement with a cable company.This has been done in a lot less time.He believes this agreement will benefit the needs of the city for the next fifteen years. Mayor Coleman requested the applicant make his presentation. Mr.Tom Bordwell,Triax Cablevision Government Relations Officer,addressed the council.He thanked the city manager and city attorney for working with them to bring about a conclusion. He believed they would be able have the final document available for review before the next meeting.They believe they have a great agreement for the city and that Mediacom is aware of the opportunities ahead of them.They are looking forward to the transfer. Mayor Coleman opened the public hearing on the item.He had received a letter from Marilyn J.Kerkow,1282 N. Main Drive,Apache Junction,describing the length of time it took for her to receive a refund check from Triax,and read it for the record.She had cancelled her cable subscription on May 16,1999 and was told it would take 2- 4 weeks to receive her refund.It has been 12 weeks thus far and she has not received it yet,even after repeated phone calls to find out when it would be forthcoming.He then requested if anyone else had any comments.There being no one wishing to speak,he closed the public hearing and called for any further discussion from the council. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 4 OF 35 Councilmember Eck commented Mrs. Kerkow's treatment sounds par for the course over the last few years.It is one of thousands of letters and concerns voiced. Mayor Coleman closed the discussion and called for a motion on Item 9A. Councilmember Dietz MOVED THAT THIS ITEM BE CONTINUED FOR THE LAST TIME TO THE MEETING OF AUGUST 3RD AND THAT THE ITEM BE SCHEDULED FOR A WORK SESSION ON AUGUST 2ND. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a motion on Item 96. Councilmember Urich MOVED THAT THIS ITEM BE CONTINUED FOR THE FINAL TIME TO THE MEETING OF AUGUST 3RD AND THAT THE ITEM BE SCHEDULED FOR A WORK SESSION ON AUGUST 2ND. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a motion on Item 10. Vice Mayor Surra MOVED THAT THIS ITEM BE CONTINUED FOR THE FINAL TIME,AND I'M UNDERLINING FINAL,TO THE MEETING OF AUGUST 3RD AND THE ITEM BE SCHEDULED FOR THE WORK SESSION OF AUGUST 2ND. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 5 OF 35 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.1094/REZONING FROM CR-5/PD (MULTIPLE FAMILY RESIDENTIAL)TO CR-3 (SINGLE FAMILY RESIDENTIAL), PROPOSED RESOLUTION NO.99-40/PRELIMINARY PLAT FOR LOST DUTCHMAN GARDENS )Long Range Planner Kate Morris briefed the council on this item.It is a 10 acre parcel at the southwest corner of Lost Dutchman Boulevard and Warner Drive.It is for a 35 lot subdivision meeting the hard zoning of CR-3.It is a straight forward proposal and there has been little public comment on it.There was a concern voiced from a neighbor who is south and east regarding fencing,however,all the lots near that neighbor will be rear yards and they will most likely be fenced in over the years.No perimeter wall is required as this is hard zoning. Councilmember Eck asked what site would be the property owner's concern to wall. Long Range Planner Kate Morris stated the property owners of a 5 acre parcel to the south and east of the subdivision appeared at a public hearing concerned about fencing to protect their privacy.They would prefer to see a wall around the subdivision. However,since this is not a planned development,the city cannot require a wall around the subdivision. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 6 OF 35 Councilmember Eck commented that the council has no control over whether a block wall goes up with a fence next to it and a wood one next to that. Long Range Planner Kate Morris stated she believed they could cover something such as that in the preliminary plat requirements.They could require complimentary features. Vice Mayor Surra commented every yard is different in her subdivision and she sees nothing wrong with that.It does not look like a walled -in prison from the backyards. Long Range Planner Kate Morris stated it could be done if someone so chooses.It leaves the potential for variety. for variety. size the lots were. Vice Mayor Surra commented she was Councilmember Insalaco asked what Long Range Planner Kate Morris stated they are a minimum of 7,000 sq.ft.with a minimum width of 60 feet. Councilmember Dietz asked if there was a homeowners association with this that will take care of landscaping and the water retention. Long Range Planner Kate Morris stated the applicant would have to provide more detail on that. Mayor Coleman requested the applicant address the council. Mr.Ladell Call,8660 E.Waterford Circle in Queen Creek,addressed the council to respond to questions. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 7 OF 35 Councilmember Dietz asked if there would be a homeowners association to take care of landscaping and the retention basin. Mr.LaDell Call stated there would be one.He does not have the details worked out yet. Mayor Coleman commented he believed the council may be questioned about passing this,but i t is actually reducing the density from multi -family to a lesser density than what is called for. Councilmember Eck did not think they would be questioned. 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 Durbala MOVED THAT ORDINANCE NO.1094 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 Durbala MOVED THAT ORDINANCE NO.1094,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 8 OF 35 The motion carried. Councilmember Durbala MOVED THAT RESOLUTION NO.99-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING PRELIMINARY SUBDIVISION PLAT,CASE NO. SD -99-01,LOST DUTCHMAN GARDENS,A.L.C.BUILDERS,QUEEN CREEK,ARIZONA,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.99-28/GENERAL PLAN AMENDMENT,PROPOSED ORDINANCE NO. 1089/A.J.HOLDINGS/ERIKSSON )Associate Planner Rudy Esquivias briefed the council on this item.There are two plans for this project.Plan A consists of a general plan amendment and a rezoning.The applicants are asking for city to extend the commercial designation on another 3.5 to 4 acres of their property and to rezone from GR to C-3/PD for approximately 9 acres at the north end of the property in order to do a strip mall development.The south acre would be rezoned for GR to CR-4/PD to allow for a day care center. This area will be divided into 5 commercial lots;they would include a large restaurant on lot 1,a video store or convenience mart on lot 2,a smaller restaurant or fast food place on lot 3,a strip center with various types of shops in lot 4,and a day care center on lot 5.The planning and zoning commission heard a lot of protests from Roadhaven residents,Lennar subdivision residents and San Marcos subdivision.They were concerned with the increased traffic and congestion.Roadhaven was concerned about the service alley behind the strip center and potential problems at night from kids hanging out or people jumping the wall to commit burglaries.They were also concerned about their sunset views being blocked.The Lennar subdivision was concerned with the traffic.They would not like commercial activity this close to their neighborhood.They suggested limiting the commercial development to the north 5 acres and leaving the south 5 acres zoned GR.The planning and zoning commission voted 4-3 to deny the general plan amendment and the rezoning.Positive comments have been received on the development. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 9 OF 35 These people want shopping a little closer by so they can walk or ride their bikes.The applicant addressed the neighborhood concerns in Plan B,which would do many of the things the neighbors had asked for.It would limit the commercial to the north 5 acres and there would be no general plan amendment or day care center,and the remainder of the plan is similar to Plan A.The commission asked that a video store be located in a certain area,if there is one.The Roadhaven residents were more amenable to this plan,though they did have some protests from them and the Lennar subdivision.The Planning and Zoning Commission unanimously approved Plan B.He briefly went over the protests received,which numbered thirty-three.He believes the protests from Roadhaven all address Plan A;they do not mention Plan B.The petitions are not enough to force a three-quarter vote,as they only come out to about 7% of the total land area surrounding the project;20%is needed to force the three- quarter vote. that is 20% within 150'of the property. stated that was correct. was for Plan A. City Attorney Joel Stern commented Associate Planner Rudy Esquivias Councilmember Dietz asked if that Associate Planner Rudy Esquivias stated i t is actually for either property,as the entire project is 10 acres and it would be calculated for the perimeter of the entire property.The protest area is calculated on acreage and the Roadhaven lots are very small. Staff is favorable to both plans.The resolution is for the general plan amendment,and certain criteria for approval are included in the resolution. The ordinance reflects the commission's recommendation of Plan B.If council wished to approve Plan A,he suggested using the recommended motion in Page 9 of the February 9 staff report.The commission does not want to see a pawn shop or an ambulance service opened on this property.In Plan A,the applicant is showing a landscape strip along the east wall,and staff has recommended deterrent -type plants such as prickly pear,ocotillo and so forth. Councilmember Eck asked if the lots in Roadhaven are individually owned. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 10 OF 35 stated that is correct. has the right to file petitions. stated that was correct. petitions came out of Roadhaven. Associate Planner Rudy Esquivias Councilmember Eck asked if each lot Associate Planner Rudy Esquivias Councilmember Eck asked how many Associate Planner Rudy Esquivias stated 31 came from Roadhaven,two from the Lennar subdivision,and there were a few he excluded as they were out of the 150'area. Councilmember Eck asked what specialized services were coming to the area. Associate Planner Rudy Esquivias stated he believed the author of the letter meant the uses suggested such as crafts,hobby shops,barber shops,beauty shops,pizza restaurants,eye doctor,chiropractor,real estate,and laundromat.These are service type and specialty shops. Mayor Coleman requested the applicant address the council. Mr.Lee Eriksson addressed the council.At the original hearing,over half of the people expressing concern came from Roadhaven,which he could understand.He gave a brief history of the development of the plans.He commented they have added additional buffering and green belt along the Roadhaven area and have relocated the trash enclosures from the Roadhaven area and the alleyway.They are proposing an 8' high CMU wall with a retention swale on their side,creating a 12'high wall there.He believes this will be better security than the existing 5'high wall.Many of the residents attending the meeting expressed concern about losing their view,but they could have had a three-story apartment building there.Family apartments had been recommended for that site.The height limit they are keeping is 18'6"to 18'9"for the strip center.It is designed REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 11 OF 35 to be as low as possible yet still conceal the mechanical parts on the roof. It has been kept from the property line as far as possible.Two story homes would block the sunset views more than this strip center.He believes no matter what is built on that site,some people will have their view impinged upon.Businesses that have shown interest are Sofa Shop,for the center semi- anchor position in Plan A,Video Plus,Subway,Prestige Cleaners,and they have designed two upscale eateries for the center.All the uses approved are low key,neighborhood friendly uses.They have made an effort to accommodate everybody.They have received calls supporting the center that have been unsolicited.There are always concerns whenever development goes in. agree that an ambulance service or something else of that nature. condition at the last planning and Councilmember Eck asked if he would pawn shop would not be allowed there,or Mr.Lee Eriksson agreed.It was a zoning commission hearing. Councilmember Insalaco asked what the height on the buildings would be. Mr.Lee Eriksson stated the strip center portion at the south end of the property would be 18'9"as far as the basic height.The architectural treatments do go higher. Councilmember Insalaco asked if they go as high as 23'. Mr.Lee Eriksson stated they do. The project is designed with a colonnade to protect from the western sun.It has a walkway in front of the stores.These raised areas are needed to keep from having a flat,straight roof all the way across.They are only covering the colonnade area.The restaurant has a treatment at the north end of the building that is 30'high,and it is at Broadway,several hundred feet from the area in question. Councilmember Durbala asked if this will be built in phases or all at one time. Mr.Lee Eriksson stated the shopping REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 12 OF 35 center portion would all be done at once.The commercial restaurant pads and the pads on Broadway could possibly follow shortly thereafter.They generally like to see the anchor center first to assure that the traffic will be there. They addressed all the concerns that the commission expressed at the second meeting. Mayor Coleman opened the public hearing on the item. Mr.Jerry Dean,825 W.12" Avenue, Apache Junction,addressed the council.He had applied to be on the boards and commissions and had not been chosen,and he stated most people who try to get involved in Apache Junction area "squashed".He believes there are many people who are not in government that play a big part in what happens in Apache Junction.He commented Councilmember Dietz had stated for the paper that he lives near a day care center and the noise does not bother him.He then added that the noise factor from a day care center was never brought up at any of the meetings on this project.Everyone was concerned about the safety of the kids and the traffic. Mr.Warren Kent,1000 S.Idaho Road, Apache Junction,addressed the council.He commented the city council had copies of Mr.Shackman's letter and of the petitions.He is the general manager of Roadhaven and 36 people are within the 150'line;29 have filed petitions.They have no objection to Plan B,they are only concerned with Plan A. Mrs.Sandra Browning,879 W.12" Avenue,Apache Junction,addressed the council.She urged council to choose Plan B if there was to be a shopping center.She does not want to see a day care center on the corner of 12" Avenue and San Marcos.She believes someone would get hurt from the traffic.She added they have had an increase in crime in that neighborhood and she believes the shopping center will only increase the crime more.She herself was recently burglarized.She asked if there would be an association to keep the shopping center clean.She believes a much better area for a shopping center would be at Idaho and Broadway;too much shopping will put everybody out of business.She asked why they have a public hearing,allowing the public to speak,when every time the council votes against what the public speaks. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 13 OF 35 Ms.Tammy Howard,1403 S.San Marcos Drive,Apache Junction,addressed the council.She believes the property owner would make just as much money building houses as he would a strip mall in their small community.She believes if more big businesses are brought in, the city will have more crime,lower home property values and no one will want to live here.She does not believe a lot of commercial businesses is progress.She added no business is low key unless i t is going out of business,and the city does not need another deserted strip mall in the community. Mrs.Arline Brown,775 W.12th Avenue,Apache Junction,addressed the council.She stated she was never notified of this project.She approved of Plan B.Her insurance man told her that if Plan A was approved,she should sell her house because her property value would drop. Ms Lois Potts,481 S.Olmo,Apache Junction,addressed the council.She has been a real estate appraiser for seventeen years,and she is aware of the negative impact commercial property has on surrounding residential areas.She feels since there is a commercial center at Ironwood and Broadway and another going in at Idaho and Broadway, they do not need one in this residential area. Mrs.Ruth Dean,825 W.12th Avenue, Apache Junction,addressed the council.She commented other people have already said a lot of what she wanted to say.The people who bought this property knew what the zoning was when they bought it.She suggested leaving the land alone until someone will develop it the way it is zoned.This will be surrounded by subdivisions.She said everything going in there they already have in Apache Junction and they are not that far away.She commented on all the empty stores in various other strip malls.She recommended Plan B if they have to do one of them. Mr.Joe Brown,775 W.12th Avenue, Apache Junction,addressed the council.His primary concern is the traffic on 12th Avenue in lieu of the day care center.Sanitation trucks frequently turn around in 12th Avenue,besides the normal traffic.He would like to see a park in the south 5 acres:he does not want commercial there.He is agreeable to commercial in the north 5 acres.He commented that this commercial property will be surrounded by residential subdivisions. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 14 OF 35 Mr.Lee Eriksson stated that i f the day care center is a serious problem,he would be willing to take it out of the plan.That use had been suggested by planning and zoning as being needed there.They had received numerous inquiries from residents regarding a need for one.He had been told there were 3 different day care builders that were interested in a site in that area.It was also considered an excellent buffer for the homes on the south.He stated that site could be designated residential if council desired.He believes one of the previous speakers had called him to see if he would sell them the property for a park,which he told them he would at his cost,or possibly below cost,if there was interest in that.The day care center is not an integral part of Plan A. Mrs.Sandra Browning,879 W.12th Avenue,Apache Junction,stated she was the one who had called Mr.Eriksson about purchasing the one acre.He told her he wanted $60,000 for the one acre,which she cannot afford,and her neighbors could not pool up that kind of money to purchase it.She suggested he donate the land to the city and have the city make a park or a retention basin of it. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra commented that in the past,when restaurants backed out of proposed lots,the city has received filling stations.She asked Mr.Eriksson if he would have a problem with the council stipulating that no service stations could be there. Mr.Lee Eriksson stated he would have no objection to that stipulation,or one for auto repair,transmission, repair,RV repair or any type of semi -industrial use. Vice Mayor Surra asked if he would stipulate that the uses that are proclaimed in the presentation would be the only authorized uses. Mr.Lee Eriksson stated that would be fine but with the provision that the planning and zoning commission should have the right to consider another acceptable or desirable use that may not be REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 15 OF 35 on that very short list.The intent is to provide very local,neighborhood friendly services. Vice Mayor Surra asked if he had considered putting the day care center in the northern section as it appeared to be something that could be used there. Mr.Lee Eriksson stated the plan was developed according to planning and zoning requirements.There was a concern that the entrance be off of 12th Avenue,and not off of San Marcos.San Marcos will be carrying more traffic before long.It was important to have a "quiet" entrance and be adjacent to the residential area.There would be a clear wall cutting it off from the commercial area,allowing no access from that commercial area.He commented people are either very much for or very much against the day care center.It was designed to remove the noise factor. Councilmember Eck stated it was not about noise,it was about child safety. City Attorney Joel Stern stated there are specific uses noted under Section I,Number 2.If there is to be reduction or specific uses are to be excluded,council should do so in the motion. Councilmember Durbala commented there are two day care centers along major thoroughfares at this time.He has never heard of them losing a child outside or having them run out into the street.He asked Captain Scott if anything had ever happened at either of the day care centers. Captain Dan Scott stated he had not heard of anything. Councilmember Eck commented that he takes citizens'concerns seriously.He asked Rudy Esquivias if the property that was rezoned on 12th Avenue west of San Marcos to residential had originally been zoned for travel trailers. Associate Planner Rudy Esquivias stated part of it was designated for an RV park.It was zoned general rural. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 16 OF 35 Councilmember Eck commented that since it was mentioned that council votes against the citizens'wishes every time,he can only recall voting against the citizens one time,and that was because it was a trade off.He does not know where "every time" comes from, as this is only the second case where council may vote against the wishes of the surrounding property owners.He is upset with Roadhaven over some of the petitions as they state that the comments made are about congestion and their view being blocked.Twenty-five years ago,he used to ride his dirt bike over what is now Roadhaven,so he is mad at Roadhaven as he had lost his dirt bike track.The planning and zoning commission is there for a reason:to take public input,have public hearings,filter out what possible problems there can be and it appears to him that they did that.It appears to him that Plan B is the more suitable plan for this project. Councilmember Insalaco agreed with Councilmember Eck.He commented they would have people pulling up in front of the day care center and it is a short street.He does not believe it will be as easy as they say,and the water trucks use the street because of the water tanks.He has also seen garbage trucks going down there at 5:30 p.m.,after hours.There is more traffic on that short street than most people realize. Councilmember Urich stated she had called the other day care centers and found out that there is a waiting list for both of them.She asked Rudy Esquivias if the remainder of the property would stay general rural if they approved Plan B. Associate Planner Rudy Esquivias stated that was correct. Councilmember Urich asked what is allowed in general rural. Associate Planner Rudy Esquivias stated it is basically low density residential property with 1.25 acres per property,one home per acre,and permitting conventional or manufactured homes.It permits horses,chickens,goats,dogs and kennels.It permits hospitals,government buildings,utility facilities and any horticultural and agricultural use. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 17 OF 35 Mayor Coleman stated those would be the allowable uses for the southern half of this property if the zoning is not changed and the general plan amendment not amended.It does not necessarily mean that those things will happen. Mayor Coleman stated he had also taken exception to a couple of things that were said.It was stated that the council does not listen,and a person is allowed to have their opinion.The issue appears to be that if the council does not agree,then they are not listening.He does not buy that.If the council does not agree,then they just do not agree,but it does not mean that they did not listen.They have to weigh what has been said.In addition,council did not want to put in the commercial on this project;it is already zoned commercial.The owner is operating within the law and gave them alternate plans.He reminded them that property tax does not pay for the police officers,the parks or other services;i t is sales tax.There has to be a balance between commercial and residential.Mayor Coleman then closed the discussion with no further comments offered and called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.99-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-98-02,A REQUEST TO EXTEND THE C (COMMERCIAL)DESIGNATION ON A 10 -ACRE PROPERTY,EXISTS ON THE NORTH 5 ACRES OF SAID PROPERTY PRESENTLY DESIGNATED TO MD (MEDIUM DENSITY RESIDENTIAL/CONVENTIONAL HOMES ONLY/1 TO 6 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF W.BROADWAY AVENUE AND S.SAN MARCOS DRIVE, BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman and Councilmembers Eck and Insalaco voted in opposition.) The motion carried,but it did not pass as a vote of five in favor is needed under the "Growing Smarter" legislation for general plan amendments. Councilmember Eck MOVED THAT ORDINANCE NO.1089 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 18 OF 35 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Eck MOVED THAT ORDINANCE NO.1089,PLAN B,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT NO BUSINESS THERE BE OF THE NATURE DISCUSSED EARLIER:FILLING STATION,AMBULANCE SERVICE,AND PAWN SHOP. Councilmember Dietz SECONDED THE MOTION. There was general discussion between the council and staff over what should be in the motion. Councilmember Eck added AUTOMOTIVE AND TRANSMISSION REPAIR,INDUSTRIAL AND ANY OTHER USES THAT MIGHT BE PERMITTED WOULD BE LIMITED TO THOSE THAT ARE EQUAL TO OR OF NO GREATER INTENSITY THAN THOSE PERMITTED IN SECTION 2. Councilmember Dietz SECONDED THE MOTION. VOTE:6-1 (Councilmember Urich voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.99-43/DECLARING AMENDMENTS TO ZONING ORDINANCE ARTICLE 5 A PUBLIC RECORD,PROPOSED ORDINANCE NO. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 19 OF 35 1093/ADOPTING AMENDMENTS BY REFERENCE )Long Range Planner Kate Morris briefed the council on this item.This will update the definitions to the zoning ordinance.The resolution has been used for publication purposes. Vice Mayor Surra asked if the GR designation will allow the mud wrestling and wet tee shirt entertainment places. Long Range Planner Kate Morris stated they do have a variety of definitions,but she thought they missed mud wrestling. Vice Mayor Surra commented i t is on Page 4 of 33. 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 Urich MOVED THAT RESOLUTION NO.99-43,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED SECTION 9-802 A CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOL II. LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 5,DEFINITIONS,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT ORDINANCE NO.1093 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 20 OF 35 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. the ordinance ORDINANCE NO. City Clerk Kathleen Connelly read by title only. Councilmember Urich MOVED THAT 1093,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1096/AMENDING ZONING ORDINANCE ARTICLE 13,NOTIFICATION PROCESS FOR PROPERTY OWNERS WITHIN 300 FEET OF A PROPOSED ZONING CHANGE ) )Long Range Planner Kate Morris briefed the council on this item.This will simplify the notification process and save the city thousands of dollars in notification.We will no longer notify by certified mail;it will be by first class mail as required by state law. Councilmember Eck asked if all zonings required notification of those within 300 feet;someone had mentioned 150 feet earlier. Long Range Planner Kate Morris stated the 150 feet is for a protest petition.Notifications for public hearings require 300 feet. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 21 OF 35 public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Coucilmember Dietz MOVED THAT ORDINANCE NO.1096 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. Councilmember Dietz MOVED THAT ORDINANCE NO.1096,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1091/PLANNED DEVELOPMENT MAJOR AMENDMENT,IDAHO PROPERTIES.L.L.C./CONNOLLY )Associate Planner Rudy Esquivias briefed the council on the item.The property is located at the southeast corner of Broadway and Idaho.The surrounding property is largely residential.This was originally a commercial center with a restaurant pad and spaces for offices,retail and in-service businesses.A mini -storage was to be built on the back parcel.One of the main partners has pulled out of the development and the plan has been redone.They now propose to reduce the scope of the development.The first phase will have a real estate office, beauty shop and other low intensity businesses.It has gone from a 15 acre project to a 4.5 acre project.The major amendment request is only for this REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 22 OF 35 portion;the entire property is zoned CR-3/PD.The planning and zoning commission expressed regret that the original development would not happen, but they did recommend approval subject to the conditions listed in the ordinance,which include a larger buffer area and fewer entrances.Staff supports the amendment subject to the conditions in the ordinance.The applicant still intends to develop the remainder of the property in phases. There has been no negative comment on the project other than one at the public hearing lamenting the loss of the open space. Mayor Coleman requested the applicant address the council. Mr.Paul Connolly,1935 S.Cactus, Apache Junction,addressed the council.He believes the development will look like the original one,but it will be developed in stages. still try for a restaurant on the corner. Councilmember Eck asked if he would Mr.Paul Connolly stated he would. Councilmember Eck stated he could not understand the problem with getting restaurants into the area.He believes the city is a hidden secret. Mr.Paul Connolly stated he had contacted them all and they say they know about the city,i t is just a matter of time.The corner is a perfect corner for a restaurant,and there are other pads down Idaho for more restaurants.It will just be a matter of time. Vice Mayor Surra asked if he would have a problem if the council put in similar wording as was put in the last item. Mr.Paul Connolly stated there is already wording on his as to what uses he can have and it adds any other uses permitted by the zoning administrator. Vice Mayor Surra stated the council REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 23 OF 35 would want to have the wording of equal to or lower in intensity of the other permitted uses and take out ambulance services and pawn shops. Mr.Paul Connolly could not see why he would spend all that money and put a pawn shop there. Vice Mayor Surra stated because it is in the permitted uses,which is why she would like to delete that. Mr.Paul Connolly stated that would be okay with him. Vice Mayor Surra commented this one could read the same as the last one,including all the exclusions. Mr.Paul Connolly stated that would be okay. Councilmember Eck asked how he felt about the buffer. Mr.Paul Connolly stated they might put retention down there and even move it up farther.There is no big problem with the buffer. Mayor Coleman opened the public hearing on the item. Mr.Glenn McMinn,1159 S.Idaho Road,Apache Junction,addressed the council.He lives directly south of the property.He was concerned about that apartments might be going in behind him.However,he has talked to Mr.Connolly and has seen the plans and he has no problems with the development.He would like to see a little more buffer zone for water that flows between the two properties during heavy rain.He suggested they consider some kind of water collection system. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented the self storage facility is probably a worthwhile project and will probably bring in some money,but he does not think it belongs on Idaho Road.The city is trying to REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 24 OF 35 improve its image.He liked the original idea better with offices and more employment proposed.He feels that if the applicant has lost his partner, then the city should be looking for people to come into the project. Councilmember Durbala suggested Mr. Fisher come up with the money and go to Mr.Connolly as a partner. Mayor Coleman closed the public hearing on the item and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1091 BE READ BY TITLE ONLY 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. Councilmember Durbala MOVED THAT ORDINANCE NO.1091,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. Vice Mayor Surra asked about the amended portion regarding the permitted uses.She amended the motion to read THAT THE PERMITTED USES IN THE IDAHO/BROADWAY DEVELOPMENT SHALL INCLUDE CRAFT OR HOBBY SHOP,BARBER OR BEAUTY SHOP,DELICATESSEN,RESTAURANTS,CONVENIENCE STORE,BUSINESS OFFICES,EYE DOCTOR,CHIROPRACTOR,LAUNDROMAT,VIDEO ARCADE OFFICE,SUPPLY STORE,PHOTOCOPY STORE,PHOTOGRAPHY STUDIO,BOOK OR MUSIC STORE,BAKERY,FLORIST,FURNITURE STORE,SPORTING GOODS STORE,SHOE STORE, VETERINARIAN,PET SHOP,FITNESS STUDIO,JEWELER AND OTHER PERMITTED USES OF REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 25 OF 35 EQUAL OR LOWER INTENSITY AS LISTED THEREOF,AND TO EXCLUDE PARTICULARLY FILLING STATIONS,AUTO AND TRANSMISSION REPAIR OR CAR WASH. MOTION. Councilmember Urich SECONDED THE Mayor Coleman stated they would vote on the amendment first. VOTE:5-2 (Councilmembers Durbala and Insalaco voted in opposition.) The motion carried. now vote on the main motion. VOTE:Unanimous. the vote that Mr.Connolly has proven very quality things in the community. be consistent and fair and respond to not understand. The motion carried. Mayor Coleman commented they would Vice Mayor Surra commented during himself in the past by putting up some The intent for the stipulations was to those things that other citizens would PROPOSED ORDINANCE NO.1078/CITY-INITIATED TEXT AMENDMENTS TO ARTICLE 21 SIGN CODE ) )Associate Planner Rudy Esquivias briefed the council on the item.He commented this was an update only.This is to allow off site signs,but they have since discovered other parts of the code that will be affected.In addition,council would also like to allow developers to have small weekend signs allowed.These two projects have been merged and due to this being larger than anticipated plus other additional work,this ordinance is not ready for this evening.The process will have to be started all over again.Staff requested an extension for the project. Councilmember Eck asked if there is anything they can do about bandit signs at this time. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 26 OF 35 Associate Planner Rudy Esquivias stated they are not allowed at this time. Councilmember Eck asked if the ones at Ironwood and Southern pointing to Signal Butte could be taken down right now. Associate Planner Rudy Esquivias stated they could.Those signs are all illegal. Councilmember Eck commented that they are selling homes in Mesa. Vice Mayor Surra commented that may have had a hidden directive in there. Councilmember Eck stated they may have to take a course of action.They may not be able to wait until this ordinance is passed. they are selling homes in Mesa. have had a hidden directive in there. City Manager Curtis Shook stated it may be time for a letter to the developers as to what will be allowed and what will not be allowed,pending the outcome of an ordinance setting the rules. Development Services Director Golen Van Nimwegen stated that was a good suggestion,especially with the larger signs. Councilmember Eck commented especially the 4'x 8'ones that block the traffic. Development Services Director Glen Van Nimwegen stated they have picked up a few that are advertising the City of Mesa. Councilmember Eck added he does not care for those signs,especially any sign that is advertising for outside the community. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 27 OF 35 City Manager Curtis Shook commented they should be able to find a way to handle this administratively until the ordinance can be brought back. Mayor Coleman opened the public hearing on the item. Development Serviced Director Glen Van Nimwegen commented he saw no reason to continue this item.It has to start all over and be readvertised;it will be a new item. Mrs.Midge Conway,902 S.Ocotillo Drive,Apache Junction,addressed the council.She thinks i t is unsightly to see all of these little signs all over the place.She urged the sign code to be enforced. City Clerk Kathleen Connelly stated there needs to be a motion on this reflecting that it will be coming back at a later date. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He stated he did not know what "bandit" signs are,and that worries him.He considers signs speech,and it worries him that they are talking about limiting speech. Mayor Coleman closed the public hearing with no one else wishing to speak.He called for a motion. City Attorney Joel Stern commented the could do a direction to staff. Vice Mayor Surra MOVED THAT WE GIVE DIRECTION TO STAFF TO TAKE THIS ITEM BACK UNTIL IT HAS MET ALL OF THE REQUIREMENTS FOR THE AMENDING OF ALL THE SECTIONS OF THIS ORDINANCE,BRING IT BACK AT A FUTURE DATE,IT WILL PROBABLY HAVE TO GO THROUGH P&Z AGAIN AS OUTLINED BY RUDY'S ESTIMATE OF TIME FRAME FOR THE NEW ORDINANCE TO COME BACK. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 28 OF 35 VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS, PRESENTATION ON PROPOSED 1999 APACHE JUNCTION GENERAL PLAN )Development Services Director Glen Van Nimwegen briefed the council on the item.He is looking for any direction to staff on any amendments they would like to see in the general plan prior to the formal hearing on August 3,including changing the low intensity land use category and the reformatting of the plan.He commented he had read the reformatting before this meeting and he believes it will be a big improvement in being able to understand the general plan. Mayor Coleman stated he would like to see the low density changed to zero to one. Vice Mayor Surra and Councilmembers Dietz,Insalaco and Urich agreed. Councilmember Eck stated he liked that but he is concerned about the areas where the majority around i t is less dense and they are rezoning to do a split to fit into the neighborhood.He asked if it would make it more difficult at times. Development Services Director Glen Van Nimwegen stated it would require a general plan amendment. There was general discussion on previous land splits and future land splits. Councilmember Durbala commented it would take five members to vote for an amendment in order for it to pass as a general plan amendment,according to the new growing smarter legislation. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 29 OF 35 Councilmember Eck commented he realized he was talking about very few lots. Councilmember Durbala commented they should be able to put something like that into the general plan. Councilmember Eck stated it would be the council's decision at that time. Development Services Director Glen Van Nimwegen stated they might want to look at decision keys to see if there is a case where prevailing use or a certain lot size would be a basis. Mayor Coleman stated he did not mind it coming back to council in those instances. Vice Mayor Surra commented if it comes back to council,they will get the input from the surrounding residents, which has been happening recently.Decisions are then made on the true situation. There was general discussion on whether it should be zero to one or zero to two.The consensus was zero to one. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE 1999 APACHE JUNCTION GENERAL PLAN:AND THAT IS THAT YOU FOLLOW THROUGH ON THOSE SUGGESTIONS THAT WE HAVE BEEN DISCUSSING PER OUR WORK SESSION AND THIS EVENING,ESPECIALLY WITH THAT ITEM THAT P&Z RECOMMENDED FOR THE CHANGE FROM LOW DENSITY FROM ZERO TO TWO TO ZERO TO ONE. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 30 OF 35 The motion carried. CONSIDERATION OF RESOLUTIONS TO BE SUBMITTED TO THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE ) )Councilmember Durbala briefed the council on this item.There are three resolutions he would to submit to the League of Arizona Cities and Towns Resolutions Committee.He needs council approval for their submission.One will amend the state law where necessary to prohibit vehicles over two axles from driving in the far left hand lane on state highways where there are three or more lanes:one will ask the League to urge state legislators to enact legislation to allow cities and towns to apply for funding for stop smoking/prevention programs at the local level,coming out of funding for the tobacco tax;one will ask the legislature to amend the street light improvement district laws to allow for equal assessment of all properties in the district instead of basing the fee on assessed value of real property on an individual basis.These were discussed last night at the work session. Councilmember Urich asked if he was going to keep all three resolutions in. Councilmember Durbala stated the mayor said to submit all three and let the League decide which would be the most beneficial. Councilmember Urich commented there is only one state,California,that does not allow trucks in the left hand lane unless there are five or more lanes.Parts of other states have restrictions in that lane. Councilmember Durbala commented this is not statewide,i t is in major metropolitan areas only.He had mentioned other major metropolitan areas that have enacted this,and other councilmembers verified last night that they had driven through those areas and found that to be true.He added this would be in the major metropolitan areas in this state as there are no six lane roads anywhere else. Mayor Coleman stated they could add "in metropolitan areas".That would make it more of a city issue. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 31 OF 35 Councilmember Durbala stated it was originally discussed as such but was not typed up that way.That could be added.He added that he is still smoking,having tried numerous programs but they have been uneffective.He thinks there are a lot of smokers out there who would like to quit,but being on a different income level,they could not afford to buy some of the programs.He thinks it will help decrease the health costs in the state. Councilmember Eck commented he thought they were all good ideas,but he thinks the street light resolution will have the best chance at passing. Vice Mayor Surra stated they should support the effort Councilmember Durbala has put forth to get these considered this year. City Clerk Kathleen Connelly stated she would put the vehicle resolution in the format that she put the other two in.She wanted to make sure he wanted to use the wording of "metropolitan", as she believes Arizona tends to prefer to use "urban". Councilmember Durbala stated she should use whatever language she feels will be most effective. Councilmember Eck asked if they would take these and revise them again. Mayor Coleman stated they are open to amendments.He called for a motion. Councilmember Durbala asked if he could move to approve all three at one time. Councilmember Urich stated there is one she is against. City Attorney Joel Stern stated he could do it either way.If a councilmember does not like one of the resolutions,they could vote no or offer an amendment. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 32 OF 35 Councilmember Durbala MOVED THAT THE FOLLOWING RESOLUTIONS BE SUBMITTED TO THE ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE:RESOLUTION ONE,DEALING WITH STREET LIGHT IMPROVEMENT DISTRICTS; RESOLUTION TWO,DEALING WITH THE STOP SMOKING PROGRAMS FOR CITIES;AND THE THIRD ONE DEALING WITH THE TRANSPORTATION VEHICLES OVER TWO AXLES. Councilmember Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Urich voted in opposition.) The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 2,1999,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 3,1999,IN THE CITY CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 33 OF 35 Vice Mayor Surra SECONDED THE )Mayor Coleman adjourned the meeting at 10:11 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Nick Blake,Beth Cowles,Keith Graves,Mia Hernandez,Matt King,Liz Langenbach,Tim Mills,Joe Ornellas,Jay Reynolds,Tim Sizemore,Trish Pelletier,Development Services Building Division. 3.Approval to forward street light assessments list for active street light districts to Pinal County to be collected during FY 1999-2000. 4.Approval of Award of Bid PR #99-02,Professional Sports Officiating Services,to provide sports officials for various softball leagues on a contractual basis. 5.Approval of Award of Bid PR #99-01,Prospector Park Ramada Improvements to lowest qualified bidder. 6.Approval of Award of Bid PW #99-16,Traffic Signal Modification Design at Phelps Drive and West Apache Trail,and authorization for City Manager to sign contract. 7.Approval of Intergovernmental Agreement with US West Communications, Inc.to furnish and maintain operable telephones for incarcerated inmates at the Public Safety Department and authorization for City Manager to execute agreement. 8.Approval of Intergovernmental Agreement with State of Arizona for gant task force participation and reimbursement of personnel costs and authorizations for City Manager to execute agreement. ACCEPTED THIS 17TH DAY OF AUGUST ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF AUGUST ,1999. REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 34 OF 35 DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 20th day of July,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of August,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 20,1999 PAGE 35 OF 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORIGINAL CITY OF APACHE JUNCTION CITY COUNCIL MEETING JULY 20, 1999 7:00 P.M. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 July 20, 1999 (Invocation offered by Vice Mayor Surra) (Pledge of Allegiance led by Council Member Dietz) (Roll Call with all Members Present) MAYOR COLEMAN:Thank you.We'll move on to item F, call to the public. This is the time set aside at each of our Council meetings for the public to address the Council.If you wish to speak, you must fill out a request to speak form.You may fill one out now and hand it to the City Clerk, and those forms are available in the rack as you come in the door. When called upon to speak, please come forward to the podium and state your name and address for the record. If there is a group speaking on the same subject, please choose a spokesperson.Each person will be allowed five minutes to speak.Address all remarks to the Chair and please observe all rules of courtesy. The Council welcomes all of your comments and suggestions. Due to the open meeting law requirements, however, the Council will not be able to answer your questions or discuss your comments at this time.Follow-up by Council through the staff will be provided at the earliest possible time. And I have received one -- let me go fast.I've A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 received one -- (Group Laughs) MAYOR COLEMAN:Actually, most of these are on public hearings.The first one for call of the public is from Sandy Smith. MS. SMITH:Mr. Mayor, Members of the Council and staff, I attended an open house in -- oh, I'm Sandy Smith, Pinal County Supervisor. I attended an open house that was held at Williams Air Force Base at the A.S.U. East Campus, and I asked permission to take the questionnaires that they have there and take them out to the public, and I have real short time line.That time line is the 1st of August I needed to get them back to the Governor's office and Maria Byer (phonetic). The little green sheet that you have, the little propaganda material, and it comes from the Stewardship (phonetic) Trust folks, the folks that believe that there is about a million acres out of the millions of acres that -- actually 9.4 million acres that should be set aside in preserve, doesn't locate them or try to tell you where. Right now we have no choices. There's a little statement in one of your -- in the questionnaires that you need to fill out and get back to my office that says in there that it reduces the amount to schools.These funds would reduce the amount of funds that A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be available to schools.It's a little misleading. There's only two percent of the funds that you -- that would come from these that would actually get the schools in the first place. So what we're asking is that you consider -- go ahead and read this, see how you feel about the open space and land trust being able to preserve, and the land trust Stewardship for the State, different organizations are asking that we actively look at State land and being able to preserve.We have at 50 percent of Pinal County is State land and we think that it's vital that we identify places to preserve. We think there's places to build, places to grow, but we also thinks (sic) that there's places to preserve. And without the ability to do that, which would either be a gift from the State, money to matching, which they have in some of the Arizona Preserve Initiative, we're not -- we will not be able to preserve it.We will be outbid by development or whatever other interests would like to buy that State land.So we think that these questions are very vital and that we all should be considering it. Those that are in the audience that would like copies, I've brought quite a few copies today.I do need them back in my office before the 1st -- just the day before, we'll be get them over to Maria Byer of the Governor's ANv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 1110 12 13 14 15 16 17 18 19 20 21 22 23 24 •25 office, so they can include them in all of the meetings that they're having across the State of Arizona.If you'd like to attend a meeting, the -- probably the closest one that will be next will be in Casa Grande and I can get you that date -- well, it is on the 28th. I'm not exactly sure when the open house is, but I think it's vital that we have our voices heard.A lot of the rural counties don't see a need to preserve State lands because they're only three to five to eight percent patented land, and they need some of their land -- we're asking that the local jurisdictions be given the right to be able to choose which lands and to help plan it. And so we know that there are some areas in the State that have -- Gila County, for instance, has less than 10 percent patented land.So we know they might need to have more land sold than we do.We have plenty of otir land sold and we know that some of it will need to be sold, but we know some needs to be preserved, and that just goes to kind of reiterate what I've said before. So if you'd -- I've given you each a copy of the white papers that were given out.Feel free if you would like to get -- copy these and get some of your neighbors and friends to fill them out, and get them back to my office and we'll make sure that the Governor's office gets the copies of them. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And so I thank you very much for letting me address you here today.Thank you. MAYOR COLEMAN:Thank you. Pat Richmond? MS. RICHMOND:Good evening Mayor and City Council Members.I'm Pat Richmond.I live at 3080 West 16th Avenue. I got a little money here I'd like to give Mr. Bell, and I apologize for not getting it officially on the agenda, but I do have some money here. MR. BELL:I thought you brought a suitcase full of MS. RICHMOND:That would have been nice.But I've got $1,118.09 for our underprivileged kids to go to the swimming pool from the Lost Dutchman Fraternal Order of Eagles.And Mary knows how I hate giving odd numbers, so I got a $1.91 in here so that it'll make it $1,120.She doesn't like to monkey around with all that odd change, and either (sic) do I. And so I'd like to present that to you. MR. BELL:Thank you very much, Pat. MS. RICHMOND:You're very welcome. (Group Applauds) MR. BELL:Your Honor, I think it's important to note that I believe this is about the ninth year Pool Pals have been in place, has benefitted over a thousand A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 individuals, giving them the opportunity to swim, and about $12,000 raised.So we consider them a real partner. MAYOR COLEMAN:Thank you. Midge Connelly (phonetic)? MS. CONNELLY:Good evening.I'm Midge Connelly. I live at 902 South Ocotillo Drive.And how do you follow an act like that? (Group Laughs) VICE MAYOR SURRA:With a thousand twenty-five. (Group Laughs) MS. CONNELLY:I wish I could.I really do wish I could. This is about the third time I've made this request.It just seems to me we're very lacking in putting out planning and zoning signs on properties.You never can see anyone.I saw one on the property that I was interested in and it blew down.There's nothing there now.Why can't we have what all the other cities have:signs about this high that you can read?I would be -- I would appreciate it. I mean I think the city people would, too. Thank you. (Group Applauds) MAYOR COLEMAN:Okay.It appears to me the rest of these are for public hearing; is that correct? Okay.We'll move on to the City Manager's report. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 Council. MR. SHOOK:Thank you, Your Honor, Members of the I wanted to talk about three things that are all citizen related, processes or things -- ways that citizens can get involved in the different planning and other procedures that the City is going through. The first -- two of them will be discussed this evening.The first is general plan process.There will be general discussion of the general plan.The general plan is really a goals and objective statement for the City and it's really important that as many people want to have input into the direction of the City get involved with that process.We are headed on the last legs of what has been about a year of different public processes, and again, I think it's really important that anybody that's interested in inputting into the goals and objectives the general direction of the City, be involved in this process. It has gone through the planning and zoning commission and the Council is the final place I anticipate that they'll be probably three to five discussions, either through workshop or public hearing, until we get to a point where the Council would be asked to vote on that.And so we do have a couple months, but we are rounding into the last part of consideration on the general plan. The second is we've just developed the schedule for A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the second leadership training institute.And if you'll remember, last year we started that -- it was done by professionals and other people from outside the community as well as had some staff people.And it was a class of 22 people that gathered once a month for a two-hour.period to learn and ask questions about the inner workings of the municipal government.And it was very successful program where we had.14.people actually graduate, if you can call it that, or received a certificate .of having gone through that process.An.d'many of them just raved about the process. We have ,put together what I consider to be an extremely strong criteria for the second one, and:I .think it's important, and -I did want to mention because we do have a number of.peopleihere this evening, that if they're interested in attending that, that they should call Pat Brenner (phonetic) here at the City or the City Clerk's- office to express their interest.It -.really is a:great thing and _I know a lot of us have enjoyed being part of that. Finally, boards and commissions -- was advised last evening that we do have spots in some of our vital board and commission areas, and most notably the library and public -- and the parks and recreation commission.Those people that are interested in getting involved in'local government, that's an excellent way to start;And the way you do that .is to come to the CityClerk's office and make a request of the A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 0 talent bank application so we know your name, address, and phone number and your interests.And we're hopeful that we can fill the spots in so many vacancies that we have in some of our boards and commissions. Mr. Mayor, thank you very much. MAYOR COLEMAN:Thank you. We'll move on to the public hearings.The first one, 9-A, proposed resolution number 99-27, declaring amendments to chapter 14, cable television, a public record. And I'll call upon Mr. Stern, our city attorney. MR. STERN:Thank you, Mr. Mayor.You probably could have a separate -- or one public hearing for each one of these. MAYOR COLEMAN:For both item 9-A and 9-B? MR. STERN:Yes. MAYOR COLEMAN:We will consider 9-A and 9-B together then. MR. STERN:You may want to read the title for the record on these also. MAYOR COLEMAN:Okay.9-B is proposed ordinance number 1086, adopting by reference amendments to chapter 14, cable television. MR. STERN:And also number 10 could also be done. VICE MAYOR SURRA:Ten. MAYOR COLEMAN:And number 10, proposed contract A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 for the renewal -- renegotiation of the cable system license currently held by Triax Midwest Associates. MR. STERN:Mr. Mayor, Members of the City Council, we've been working on a -- an amendment to chapter 14 of the City code, which basically regulates cable.We've been working on this for a while.We've also been working on an agreement with Triax which would be a renewal of their current agreement.We are in the final stages of negotiation of the terms and conditions, and we feel at this time staff, including the City Manager's staff, we recommend that you continue these items for two weeks, at which time we have -- we will have a final product for you. I want to commend the City Manager's staff and the City Manager for working through with Triax on this, because normally cities take between eight months to a year to negotiate an agreement with a cable company.So we've done this in a lot less time and I think in two weeks we'll have a product for you that will be satisfactory to the City Council that will benefit the residents of the city in the grand scheme of things for the next 15 years. And I'm open to any questions at this time. MAYOR COLEMAN:Questions from Council for Mr. Stern? (No Audible Response) MAYOR COLEMAN:Thank you very much. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 I do have one request to speak form; Mr. Tom Bordwell from Triax. MR. BORDWELL:Good evening, Your Honor.My name's Tom Bordwell.I'm government relations manager for Triax. Council Members, I want to also thank your City Manager and your city attorney for working with us to bring about this conclusion to the renewal process.We look forward to concluding it.We know we can do that in the next couple of weeks.Yeah, and actually in time for you to review the final document before your next meeting. We look forward to continuing operating here.We think we've got a great agreement to present to you.We think we've got a good story to tell our customers jointly as we move forward.We all know that MediaCom has also been in the mix of our discussion and aware of the opportunities ahead for them to work with you directly as well and look forward to continuing discussions on the transfer. I'd be pleased to answer any questions you have of me and look forward to seeing you again in two weeks. MAYOR COLEMAN:Are there any questions for Mr. Bordwell at this time? (No Audible Response) MAYOR COLEMAN:Thank you very much. MR. BORDWELL:Thank you. MAYOR COLEMAN:Okay.This is a public hearing and A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 I'll open it up to the public at this time. I have received a letter from an individual who asked that this be read into the record.She was not able to attend the meeting this evening, but did want her comments to be part of the record. It says: "Trouble with Triax CableVision. Canceled my service May 16th, 1999; balance due to me $19.20.Called them and was promised a refund check in two to four weeks.No check by June 16th. Called again; told it takes four to six weeks.Called July 15 th; told it takes six to eight weeks.So don't expect a check.Take August 15th. "I count 12 weeks when paying on my account, I had 10 days to be late when assessed a $5 late fee -- then assessed a $5 late fee.Don't they owe me? Customers of Triax for eight years, lots of problems, more so in last few years. "Marilyn J. Curko (phonetic), 1282 North Main Drive, Apache Junction, Arizona." And now I'll open it up.Is there anyone else who would like to address the Council at this time on any of A/Vv TRONICS, INC. Professional Court Reporting & Transcripdon Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 items 9-A, 9-B or 10? (No Audible Response) MAYOR COLEMAN:Okay.Hearing none, I'll close the public hearing. Is there any questions or further discussion from members of the Council? MR. ECK:Just to comment on the letter, just sounds about par for the course for the last few -- several years, one of.thousands of letters and concerns we've heard. MAYOR COLEMAN:Any other-questions or comments? Okay.for the motion then. MR. DIETZ:Are we going to do individually? MAYOR COLEMAN:Shall we do -- let's do 9,-A. first. MIL DIETZ:.Your Honor? MAYOR COLEMAN:CounciLMember Dietz? MR. DIETZ:I move that this item be continued for the last time to the meeting of August 3rd, and that the item be scheduled for a -wotk session on August 2nd. MAYOR COLEMAN:Is there asecond? MR. INSALACO:Second, Your Honor. MAYOR COLEMAN:Roll call_ THE CLERK:Council Member Eck? MR. ECK:Yes. THE CLERK:-Vice Mayor Surra? VICE MAYOR SURRA:Yes. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 •25 15 THE CLERK:Council:Member Urich? MS. URICH:Yes. THE CLERK:Council Member Durbala? MR. DURBALA:Yes. THE CLERK:Council Member Insalaco? MR. INSALACO:Yes. THE CLERK:Council Member Dietz? MR. DIETZ:Yes. THE CLERK:Mayor Coleman? MAYOR COLEMAN:Yes. THE CLERK Unanimous, Your Honor. MAYOR COLEMAN:Thank you. I'll call for a motion on item MS. URICH Your Honor? MAYOR COLEMAN:Council.:Member Urich? MS. URICH:I move that this item be continued for the:final time to the meeting of August the 3, and that the item be scheduled:for a work session:on:August the 2nd MALE VOICE:Second. MAYOR COLEMAN:Moved and seconded. Roll call. THE CLERK:Vice Mayor Surra? VICE MAYOR SURRA:Yes. THE CLERK:Council Member Urich?. MS. URICH:Yes. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 THE CLERK:Council Member Dubala? MR. DUBALA:Yes. THE CLERK:Council Member Dietz? MR. DIETZ:Yes. THE CLERK:Council Member Eck? MR. ECK:Yes. THE CLERK:Council Member Insalaco? MR. INSALACO:Yes. THE CLERK:Mayor Coleman? MAYOR COLEMAN:Yes. THE CLERK:Unanimous, Your Honor. MAYOR COLEMAN:And now the motion on Item 10. VICE MAYOR SURRA:Your Honor? MAYOR COLEMAN:Vice Mayor? VICE MAYOR SURRA:I move that this item be continued for the final time, and I'm underlining final, to the meeting of August 3rd, and that the item be scheduled for the work session of August 2. MR. INSALACO:Second, Your Honor. MAYOR COLEMAN:Moved and seconded. Roll call. THE CLERK:Council Member Insalaco? MR. INSALACO:Yes. THE CLERK:Council Member Eck? MR. ECK:Yes. A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 •25 17 THE CLERK:Vice Mayor Surra? VICE MAYOR SURRA:Yes. THE CLERK:Council Member Urich? MS. URICH:Yes. THE CLERK:Council Member Dietz? MR. DIETZ:Yes. THE CLERK:Council Member Durbala? MR. DURBALA:Yes. THE CLERK:Mayor Coleman? MAYOR COLEMAN:Yes. THE CLERK:Unanimous, Your Honor. MAYOR COLEMAN:Thank you.- In order to allow the court reporter to pick up, we'll go ahead and take a 10 -minute break right here. (Public Session Concluded at 7:29 p.m.) A/Vv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 STATE OF ARIZONA County of Maricopa ) BE IT KNOWN that the foregoing city council meeting was recorded by me; that the statements, questions and answers were recorded by electronic sound recording and thereafter transcribed into typewriting under my direction; and that the foregoing pages area fully, true and accurate transcript of all proceedings in connection with this city council meeting. I FURTHER CERTIFY that I am in no way related to nor employed by any of the parties hereto, nor am I in any way interested in the outcome hereof. DATED at Phoenix, Arizona, this day of Auta , 1999. 4 1 (4 1k 10 1 \ a - 4 2Linda W itt e My commission expires: July 17, 2000 ANv TRONICS, INC. Professional Court Reporting & Transcription Phoenix, AZ