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HomeMy WebLinkAbout1999-10-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 19,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 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 Vice Mayor Surra 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 Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Paul Stears Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Building Official Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 1 OF 48 Others Present:Lieutenant Steve Francis Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE FOLLOWING CHANGES:THAT ITEM NUMBER 12 BE MOVED TO THE FIRST ITEM UNDER PUBLIC HEARING;AND THAT ITEMS 16 AND 17 BE MOVED TO IMMEDIATELY FOLLOW THE CITY MANAGER'S REPORT;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES: ENGINEERING TECHNICIAN SUPERVISOR REGGIE BOUCHER;PUBLIC WORKS STREET CREWS; PUBLIC WORKS SENIOR CUSTODIAN JOYCE BRAYSHAW;PUBLIC WORKS CUSTODIAN JOANN DELYS;RECREATION COORDINATOR JAMIE ZACHER;RECREATION COORDINATOR LIZ LANGENBACH;AND PARK ATTENDANT TIM SIZEMORE;AND THAT THE GRANT AWARD FOR $38,000 FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF TWO POLICE MOTORCYCLES AND SEVERAL SPEED DETECTION DEVICES (RADAR UNITS)BE ACCEPTED;AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO PROCEED WITH A CONTRACT FOR LEGISLATIVE LOBBYIST SERVICES WITH WILLIAMS & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $40,000 IN ACCORDANCE WITH THE LETTER TO CURTIS SHOOK, CITY MANAGER,DATED SEPTEMBER 24,1999;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR AND CITY MANAGER TO SIGN THE CONTRACT SUBJECT TO APPROVAL BY OUR CITY ATTORNEY. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,commented he was glad to see the article on transportation in the paper and that it had finally arrived.However,the whole thrust of the advertising makes it appear that it is for children and family services,with a welfare focus.He thinks i t should be played up as a bus for everybody in the community.He would like to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 2 OF 48 see the system expanded.As the city grows it will help contain the sprawl issue. Louis Myers,318 S.Goldfield Road,Apache Junction,addressed the council regarding a request to delay sidewalks,gutters and curb improvements at his business site.This is for Fountain Factory Concrete Creations,located on the north side of Old West Highway between Cortez and Starr Road.They were unaware of the costs for street improvements,and they would like to request a variance to delay putting in the sidewalks,gutters and curb for about 18 months.He commented staff had been helpful in setting him in the right direction,and he has an appointment soon with Public Works Director Doug Dobson. Lee Church,2701 S.Idaho Road,#R87,Apache Junction,addressed the council regarding the extension of Winchester to 29th Avenue.He complained there is more traffic on the uncompleted Winchester than there is on Idaho.The cars are driving up along the fence at the travel trailer park,stirring up dust that blows all over everything and forcing the residents to inhale the dust. They would like to have something done. CITY MANAGER'S REPORT City Manager Curtis Shook introduced Mike Williams from Williams & Associates, the newly approved lobbyists for the city.He was there to answer any of their questions on how he would carry out his service. Mr.Mike Williams,Williams & Associates,addressed the council.He introduced Gretchen Adey and Ashley Fritz from his firm.He gave a brief description of his background.He commented they will be looking at the development fees issue,the model city tax code,and reading all the short titles on bills.They will tag any that could have any kind of impact on the city,and they will be working to protect the city from any future bills that could try to reverse recent court decisions.The city manager will be able to review them to either take before the council or give them direction on what action is to be taken.In addition,they will monitor all the amendments and anything that is put out on the floor. City Manager Curtis Shook stated he and Vice Mayor Surra attended an executive board meeting of Maricopa Association of Governments in which the city's request to have a seat at the table was approved 3-2.It will now go to the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 3 OF 48 general body to approve the non -voting seat.He commented the city has money coming in from the tax increment financing program and some work plans for the redevelopment district should be getting put in front of council.He suggested they look towards setting a date for beginning the process. DIRECTION TO STAFF DIRECTION TO STAFF ON VETERANS'DAY PARADE SCHEDULED FOR NOVEMBER 11.1999 ) )Assistant City Manager George Hoffman briefed the council on the item.The veterans'organizations and other interested groups in the community have come up with the idea of a Trail of Flags for recognizing our veterans and providing a visible means of talking to our youth on our heritage and history.It would be approximately 1.5 miles in length,running down the median of Apache Trail.There would be 74 flags in all.There are no obstacles that are insurmountable at this point.The organizations have voted to give the city time to do a good job on this project. Mayor Coleman stated they had asked several members from different civic organizations to speak. Mr.Richard McKinney,5818 S. Feather Birch Drive,Gold Canyon,addressed the council.He is the Senior Vice Commander of the Veterans of Foreign Wars Post in Apache Junction and the chairman of the Veterans'Day Parade.He commented he has three other people he would like to have speak.He hoped that next year they can achieve their goals. Staff Sergeant Steven Ford,2777 E. 13th Avenue,Apache Junction,addressed the council.He is a Vietnam vet who has been involved with the honor guard for the parade for the last two years. He now serves in the National Guard.He commented the parade is for the kids today.Last year he had a teenage girl carry the auxiliary colors as none of the women were strong enough to do so.He asked them to remember the veterans,and he commended the police department and asked them to join the parade if they are not already in it.He agreed that the parade is for our heritage,and commented there is always the need for the call to arms,which is now served by the National Guard.He stated the veterans are only asking for common courtesy. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 4 OF 48 Mr.Tim O'Connor,838 S.Saguaro, Apache Junction,addressed the council.He is the Commander of the East Valley Military Order of the Purple Heart.This order is for all combat wounded veterans,missing in actions and killed in actions.In addition,he is the Commandant for the Marine Corps League for the East Valley.He is a veteran of the Korean War and had two tours of duty in Vietnam.He commented the wounded veterans look at the youth to carry on for them.There is a fantastic junior naval ROTC at Apache Junction High School,and they are the future.They would like them to lead the parade this year.They would like to be able to see the American flags flying along Apache Trail next year.The flag represents something different for everyone;to him,it represents his dad,brother and friends that were buried in it during the wars.He believes people will remember Apache Junction when they drive from Meridian to the focal point and see the Trail of Flags.He commented that over 50% of the male winter visitors are World War I I veterans.They would like to get a memorial dedicated in Washington,D.C.for World War I I veterans;he would like to see the Trail of Flags be their memorial here.He hoped that next year the Veterans'Day Parade can be held on Apache Trail with the Trail of Flags. Mr.Art Berry,Commander,400 N. Plaza Drive,#105,Apache Junction,addressed the council.He served in World War II,the Korean War and Vietnam.He commented there are many kinfolk around from the veterans of all the various wars that have been held.He considers them veterans also.He is looking forward to next year and hopes for the help of the city.He commented if other cities can have their parades down their main street,Apache Junction is just as good as they are and should have it there,too. Mr.George Diehl,Sr.,653 S.Palo Verde Drive,Apache Junction,addressed the council.He stated the Trail of Flags Committee did not agree to do this several years down the road or delay it to next Veterans'Day as it was reported in the News.The Trail of Flags was started to make Apache Junction the most patriotic city in Arizona.They intend to line every main thoroughfare in the city with flags.It will be an ongoing project for several years.If the flags are damaged,they intend to raise enough money to repair them.They are asking the city to let them help city staff in putting these flags up soon.He showed them what the flagpole would look like and described how they would be set in the ground.They have had contributions from the citizens towards the purchase of these flags, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 5 OF 48 having raised $8,000 since July.They have already purchased 100 flags, flagpoles and sleeves with about $4,500 of that money.They are asking the city to store the poles and flags.Instead of a monument at the focal point, they would like to put bricks with contributors names on them around the military gazebo.These can be moved if the gazebo gets moved in the future. They are looking forward to working with the city,and he stated it would be a shame and embarrassment to the city if the parade is not held on the Trail next year. Mr.Rene LeSieutre,3400 S. Ironwood,Apache Junction,addressed the council.He was born close to Normandy Beach,and he takes pride in being a naturalized American citizen, and pride in the family he has raised here.He is aware of the pride of the city council.To him,city pride and the Trail of Flags are one,and he appreciates the Veterans of Foreign Wars taking a leadership role.It will be fine with him to have the parade down Superstition this year,and if possible to have some flags up by then.He thanked Curtis Shook and the staff for their efforts,and by working together he knows it will get done. Mayor Coleman called for any discussion by the council.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE VETERANS'DAY PARADE:THAT FOR VETERANS'DAY 1999,STAFF PROCEED WITH ASSISTING THE PARADE SPONSORS IN HAVING THE PARADE ON SUPERSTITION BOULEVARD;THAT STAFF PROVIDE ASSISTANCE AS IS AUTHORIZED BY CITY CODE AND OTHER APPLICABLE CITY POLICIES AND PROCEDURES; AND THAT THE PARADE SPONSORS AND PARTICIPANTS COMPLY WITH ALL APPLICABLE CITY ORDINANCES,POLICIES AND PROCEDURES.THAT FOR VETERANS'DAY 2000,STAFF WORK WITH THE PARADE SPONSORS TO HAVE THE PARADE TAKE PLACE ON APACHE TRAIL IN RECOGNITION OF THE NATIONAL HOLIDAY;THAT STAFF PROVIDE ASSISTANCE AS IS AUTHORIZED BY CITY CODE AND OTHER APPLICABLE CITY POLICIES AND PROCEDURES INCLUDING BUDGETING FOR THE EVENT IN THE FY 2000-2001 BUDGET AS IS DONE FOR THE LOST DUTCHMAN DAYS PARADE;AND THAT THE PARADE SPONSORS AND PARTICIPANTS COMPLY WITH ALL APPLICABLE CITY ORDINANCES,POLICIES AND PROCEDURES AS IS DONE FOR THE LOST DUTCHMAN DAYS PARADE. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 6 OF 48 VOTE:Unanimous. The motion carried. TRAIL OF FLAGS )Councilmember Durbala MOVED THAT DIRECTION BE GIVEN TO STAFF TO PROCEED WITH THE ENGINEERING AND DESIGN WORK FOR THE TRAIL OF FLAGS,TAKING INTO ACCOUNT THE BASE,SLEEVES,LOCATION, POLES,FLAGS AND OTHER RELATED DESIGN ISSUES;THAT ALL DESIGN WORK BE DONE IN CONJUNCTION WITH THE RECOMMENDATIONS OF SOUTHWEST RISK MANAGEMENT AND THE CITY ATTORNEY;THAT A STATUS REPORT BE RETURNED TO THE CITY COUNCIL BY JANUARY 3, 2000;THAT ALL EFFORTS BE COORDINATED WITH LOCAL VETERANS'AND CIVIC ORGANIZATIONS;AND THAT THE PROJECT BE COMPLETED TO INCLUDE THE PLACEMENT OF THE FLAGS BY MEMORIAL DAY,2000. Assistant City Manager George Hoffman asked Councilmember Durbala if he wanted to include the days of the year on which the flags could be flown. Councilmember Durbala MOVED THAT THE DAYS THAT THE FLAGS WOULD BE FLOWN ARE ON MEMORIAL DAY,FLAG DAY,FOURTH OF JULY,VETERANS'DAY AND LOST DUTCHMAN DAYS. MOTION. Hoffman asked if he said Labor Day. not. Hoffman asked the location of the flags. Councilmember Urich SECONDED THE Assistant City Manager George Councilmember Durbala stated he did Assistant City Manager George Councilmember Durbala stated they are to be on Apache Trail.Staff is to come back with the design,review and implementation by January 3,to be completed by Memorial Day,whether they work in conjunction with the veterans'groups or if the city completes the work by itself. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 7 OF 48 VOTE:Unanimous. The motion carried. minute break. meeting. PUBLIC HEARINGS Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ANNEXATION CASE AN-3-99/PROPOSED ANNEXATION OF PALM SPRINGS UNIT 15 )Associate Planner Rudy Esquivias briefed the council on this item.This is city -initiated annexation of a platted subdivision at the south end of the Palm Springs Subdivision.It consists of approximately 60 acres of land and has 195 residential lots.The east half of the subdivision is zoned CR-5,apartments,duplexes,fourplexes and other multi -family buildings,and the west half is zoned CR-3 single family residential.The general plan designation is in line with the county zoning.The city will be responsible for police,zoning and code enforcement. Apache Junction Water Company already serves the site.The sewer district runs along Southern at this time and service may be available in the future. All the lots currently have septic tanks.The south half of Southern will be annexed,but the half of Tomahawk Road will not at this time.The annexation process has begun and he has received about a dozen calls of inquiry on this process.There are 154 property owners that own the 195 lots,so the city must have approximately 75-80 property owners sign the petitions,plus they must own at least 51% of the land value.He has received phone calls inquiring on the pluses and minuses of the annexation.The pluses would be improved police protection,the opportunity to run in city elections and serve on city boards and commissions,and the eligibility for housing and grants programs.The one negative is a 3% tax on utilities.State law requires a public hearing be held for the people to express their opinions.Some people have asked if they would be required to hook up to the sewer once they are annexed.He has told these people to talk directly to the sewer district.It is his understanding that if the property is developed and has a functioning septic tank,that property does not have to be hooked up to the sewer. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 8 OF 48 However,if it is vacant land and the sewer line is near that property at that time,those people may be required to hook up to the sewer. Mayor Coleman opened the public hearing on the item. Ms.Terri Cooper,2824 S.Mariposa Road,Apache Junction,addressed the council.She is a single mother who has lived there for the past 6 years.She does not wish to be annexed.She sees no pluses and she urged council to consider the single mothers living there that are already having trouble paying the utility bills that they have.They cannot afford this and they would have to sell their homes.She believes they will have to have the sewer hooked up in order to sell their homes,as FHA will not allow it. Mr.Tom Kelley -Devaney,55 E.19th Avenue,Apache Junction,addressed the council.They have four fourplexes in the area.They work hard to keep their properties clean.The problem will be the out-of-state owners that they have no control over.He believes annexation would be a plus.The sheriff's department only has so many vehicles,while the police department is frequently in the area and does a good job over the rest of the city.The city's code enforcement is more active than the county's is.It would help clean up the area and hopefully raise the property value.This area of town has been called Dogpatch in the past,he would like to see that changed. Mr.Robin Heimen,2449 S.Mariposa Road,Apache Junction,addressed the council.He has lived there for 18 years and he does not wish to be annexed.He does not want a sewer shoved down his throat that he does not want.It was voted down twice and the city did it anyway,thereby slapping the voters in the face.As far as the property values,the Dogpatch is back in the apartment areas.In regards to police, the police department goes up and down Tomahawk all the time;it would not hurt to overlap each other.The sheriff's department is always going back into the apartments to serve warrants.He does not see any pluses for the city to come in an annex the area.He described the problems he had with the city when he was building the Goodyear business,which is now Mountain View Automotive.He has previously signed petitions to not be annexed along with other property owners. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 9 OF 48 Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented he could relate with the previous gentleman about having things pushed upon him by the city.He is for annexation in that area.They may pay more in utilities,but they will get benefits down the road,possibly in the areas of transportation,assistance in terms of buying homes and improving homes and other types of things that the city does have.Everything in the area,businesses,residences and state land,is being annexed,and it would behoove the residents to be annexed. Annexation would also give them political representation and give them a voice to solve their problems. Mrs.Edie Austin,2670 S.Gila, Apache Junction,addressed the council.She has lived there since 1996.They bought there because it was not part of the city.They are retired and see no advantages to living in the city.They are concerned that the sewer will be the downfall for the young,struggling families in the neighborhood.They cannot afford the sewer.She urged the council to vote against annexation. Mrs.Karen Finn,2480 S.Mariposa, Apache Junction,addressed the council.She is concerned that if her property is annexed it will cost her a lot of money in order to resell it.She is concerned that she will not be able to afford to send her son to college,as in order to sell her house they will have to put the sewer through.She wanted to know why they are being asked to join the city. Mayor Coleman stated the city will not force them to hook up to the sewer.He is not on the sewer and he lives on Royal Palm;his neighbors are,but he is not. Mrs.Karen Finn asked what would happen if he went to sell his house. Mayor Coleman stated he can sell his house. Mrs.Karen Finn asked if he could do that without being hooked onto the sewer.She knows people on Royal Palm that have had to have the sewer in order to sell their house. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 10 OF 48 Mayor Coleman stated it could be a requirement for people obtaining financing,that it was connected with the cost of purchasing the home. Mrs.Karen Finn stated it would be the homeowner's cost. Mayor Coleman stated it may be a condition of financing for the buyer,not the seller. Mrs.Karen Finn stated she knew people in Royal Palm that sold their house and it cost them. Mayor Coleman stated there is another reason why the city is looking at annexing that area,and the city will not have the final say,that will be up to the majority of the people in the area. An unknown woman from the audience commented that is what the city said about the sewer,so there is a lack of trust. Mayor Coleman stated the city will not have the final say.It requires a majority of the residents there and a majority of the assessed valuation there.The reason it came up is because the census is coming up in Year 2000,and a lot of the state shared revenues come by way of the population count.Residents in the county areas do not count in the city population.No funds are received for their population to support the library and the parks and recreation programs.That is why the city is looking at it at this time,as the next census is ten years away.He apologizes for any mistrust.He is the only one on the council from when the sewer was passed,and the question put to the voters was if they wanted to use tax money to put in the sewer system and the answer was no.A group came to the city stating they would like to put in a voluntary system,and they needed the city's permission to do that.The city did give them permission,and it is strictly voluntary for anyone to hook up to the sewer.Those people who do not wish to be on the sewer system are left off.He believes it only comes into account on the financing if the sewer is within so many feet of your home already. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 11 OF 48 Vice Mayor Surra and Councilmember Dietz stated it has to be within 200 feet of your home. Mayor Coleman stated if the sewer is within 200 feet of your home,it might be a condition of financing.However, that should be up to the purchaser of your home. Mrs.Karen Finn stated she knows someone in Royal Palm that was not hooked up to the sewer and in order for her to sell her house to a certain buyer they had to hook up. Vice Mayor Surra stated there is a pipe that runs down Royal Palm,but they should know that they could add that to the price of their house. Mrs.Karen Finn stated she also lives a flood insurance zone,in Zone A,and when the new subdivision went in across the street,the city was supposed to have that zone changed so that they would not pay for high flood insurance.She wanted to have hers changed also and contacted the city on it,but she has not heard anything yet.She asked if the original subdivision flood zone had ever been changed. City Engineer Paul Stears stated it is still Zone A. Mrs.Karen Finn asked if they knew what one pays for flood insurance in Zone A.She commented it is ridiculous. City Engineer Paul Stears stated it is up to the developer to get the flood zoning changed. Mrs.Karen Finn asked if that was still going through court or through the government. City Engineer Paul Stears stated it is still being processed. Ms.Leah Armenwitt (?),2875 S. Mariposa,addressed the council.She wanted to tell Mr.Fisher that there is no retail in the area,and if the retail that would be benefitting from this REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 12 OF 48 annexation is Earnhardt's,she is definitely against it.She commented the city does need jobs,but we are sacrificing the natural desert area.It is being lost to the developers.She also had a friend who lived in the city and opted not to have the sewer put in.When they chose to sell it,the only people who could qualify for that were conventional loans,and they needed to pay $5,000 in order to have the sewer hooked up so that FHA or VA could qualify.She does not have $5,000 to put into a sewer if it comes down Mariposa. Mr.Elliott Fisher commented he was against Earnhardt's because of the way it was done.However,he really believes annexation will be beneficial for that area.It will give them the political voice that they need.He added everything around them is being annexed because the city can do it. Mr.Tom Kelley -Devaney stated the biggest problem seems to be a concern about the sewer.He suggested telling everyone when the next sewer board meeting is so that these people can attend and get their questions answered. Associate Planner Rudy Esquivias stated the next sewer board meeting is tomorrow night at 6:00 p.m.at Fire Station No.2,the one on Superstition Boulevard near Goldfield. Ms.Vickie Hillman,1318 E.27th Avenue,Apache Junction,addressed the council.She commented they have lived in the area for eleven years and she has seen the area improve.She is concerned that it may be more difficult for people to improve their homes as they were told by the county that it would cost them 3 to 4 times as much for the permits if they are issued by the city.She has heard that things will be more expensive.She is not concerned about representation,as they do not have it now and they have been fine.She is concerned about the sewer problem,for if the buyer is not willing to pay the $5,000 extra and the seller will not hook up,the buyer will go elsewhere.She is not for being annexed.She believes the city is doing a good job,but she does not want to be in the city. Ms.Julie Nelms,2870 S.Mariposa, Apache Junction,addressed the council.She is a single mother with a new home.She is not aware of the pros and cons,but she has heard that permits REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 13 OF 48 for additions to the homes will be more expensive from the city than from the county.Therefore,she is against the annexation. Mayor Coleman closed the public hearing and opened the item to council discussion. Councilmember Insalaco stated he is getting tired of hearing that the city is giving away the desert.The desert belongs to people.They bought the land and they can do what they want with it.The city is accused of giving the developers the land,but the city does not own the land.People own the land,and if they want to sell it and develop it,the city cannot stop them.They would take the city to court. The city can only make sure that they follow the city code and other regulations.People bought this land a long time ago,sat on it,paid the taxes,and now want to collect on that land. Councilmember Durbala stated the mayor had talked about the shared revenue the city gets for the residents of the community.It disgusts him that the county residents are taking his children's money from the parks and recreation programs by putting their children into those programs and not a penny of the funding comes out of their area.He has tried to have fees passed for non -city residents to use the parks and recreation programs.He does not think they should be able to get a free ride for their children and expect the rest of the children in the community to pay for their children. An unknown woman from the audience stated that she pays her taxes,too. Councilmember Durbala stated that the public hearing had been closed and this is council discussion.He promised he would bring this up before the council within the next year,and hopefully it will pass.He does not see why the people outside the community should get a free ride for something that is paid for by the taxpayers in this community. Councilmember Eck commented there is a perception that the city is aggressively pursuing this area.He would like to think of it as an inquiry of interest to the property owners.If the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 14 OF 48 majority of the property owners do not want to come into the city,they will speak and it will not happen. Councilmember Urich commented the solution to losing the desert is for people to buy the land and not sell it to developers.She asked that they not go by what they have heard from other people,that they should check things out themselves.She urged them to go to the sewer board meeting and check things out. Councilmember Eck asked the city attorney to find out about the hook up information if he is going to the sewer board meeting.He would like that information. City Attorney Joel Stern asked if he would like to know what the requirements are for hook up if annexed into the city. Councilmember Eck stated that is correct.He also would like to know what would happen on a resale. City Manager Curtis Shook stated to his knowledge they will not run sewer to people who will not sign up for the service.If people in that area wanted to have the sewer system right now, they would be told yes,as long as they annexed.It is not if you annex the sewer goes down the street.If a lending institution were going to require a hook in to the sewer system,it would be the lending institution that would be doing it and they would already be doing it in that area.The sewer extension is not driven by annexation,it is driven by people who want to be on the sewer system. Mayor Coleman closed the item with no further discussion and moved on to the next item. CONTINUATION OF APPLICATION FOR LIQUOR LICENSE FOR SUPERSTITION SKIES RESTAURANT ) )City Clerk Kathleen Connelly stated a public hearing was held on this liquor license at the last meeting. It was continued to this meeting to resolve some issues raised by the fire district and structural issues.The city had not received full clearance from the health department so it had not issued a business license.A form was REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 15 OF 48 received tonight showing some outstanding health related issues.City Code and an agreement with the Pinal County Health Department mandates that a business license cannot be issued until they are issued a health permit.The applicants and city staff are here tonight regarding this issue.The fire district was unable to attend. City Attorney Joel Stern stated the council has the ability to recommend approval or denial of this liquor license.If the council recommends a denial of the license,the motion should include the findings of why it was denied. applicant address the council. Court,Gilbert,addressed the council. Court,Gilbert,addressed the council. anything they wanted to add. was now the health department. Mayor Coleman requested the Ms.Kim Porter,341 E.Catclaw Mr.Kent Leach,341 E.Catclaw Mayor Coleman asked if they had Mr.Kent Leach asked if the issue Councilmember Dietz commented he thought it was everything.He was supposed to have everything done except for the beam in the last two weeks. Mr.Kent Leach stated Dave Montgomery was out that morning and everything except a couple of very minor items such as light bulbs have been taken care of.The city inspector has been out and inspected all the electrical and that passed.The beam has been difficult to get done.He has drawn a permit on it and he picked up the paperwork from the engineer this evening on the way to the meeting.He had some difficulty getting an engineer to look at it.It will be a simple project and will not cost a lot of money.It should be completed within a week.The health department was out two weeks ago tomorrow and various items REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 16 OF 48 were found that need to be fixed.All were fairly minor and everything has been corrected.They are expecting the health department back out any day. Vice Mayor Surra asked if they have a current,valid business license to operate there. Mr.Kent Leach stated they have turned in an application for it and have a number in the tax book for it. Vice Mayor Surra asked if they hold an Apache Junction business license,a license to operate.She asked what they have been operating under. Mr.Kent Leach stated they have been operating under the business license application. Vice Mayor Surra asked if that was legal. City Attorney Joel Stern stated the application has to be approved by the city. Vice Mayor Surra asked if it had been approved by the city and a business license issued. Mr.Kent Leach stated he assumed they were operating under the previous owner's license until this one was approved. Vice Mayor Surra asked if a license is transferable. City Attorney Joel Stern stated it is not. Vice Mayor Surra asked if they have to have clearance from the health department in order to get a business license. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 17 OF 48 Mr.Kent Leach stated the health department gave them a pass to serve food the first time they came out. Vice Mayor Surra stated the permission was given provided that certain items had been corrected;there were five items in the kitchen and three in the bar.It was also on the condition that other licenses and permits have been obtained.She asked if that had happened yet. Mr.Kent Leach stated everything the health department listed has been completed. Vice Mayor Surra stated they just do not have the license. Councilmember Durbala commented they went in on October 5 to pay for their business license. City Clerk Kathleen Connelly stated they have paid for the business license,however,under the city code and an intergovernmental agreement with the Pinal County Health Department the city cannot issue the business license until they have received their full clearance from the health department. Councilmember Durbala asked if the information in the packet is the clearance. City Clerk Kathleen Connelly stated the information provided shows they have not received their full clearance. This is not unusual. Councilmember Durbala asked if there are businesses who come in and pay for their license,and then run their businesses waiting for a license to arrive. City Clerk Kathleen Connelly stated she would not deny that i t is happening,but they are doing business illegally. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 18 OF 48 Councilmember Durbala asked if it is a common practice. City Clerk Kathleen Connelly stated she did not know if it is a common practice.The license is nontransferable. The only thing that is transferable is any past due sales tax.The new owners would be responsible for those. Councilmember Durbala asked if this is the latest one that was received.After looking at the report,he commented you could probably go to any restaurant in town and find the same violations. Vice Mayor Surra stated they are not talking about any other business in town.They are talking about this one and the fact that a license has not been issued because they do not comply with code compliance issues.When they have complied with everything,they can get their business license and operate.There are no other issues.If there are other businesses operating illegally,they should be located and brought up on charges and have the police department close them down. Councilmember Durbala stated the vice mayor tried to assault and harass these people at the last meeting by bringing up the previous owner and occupants.She cannot use one thing at one meeting and then use something else at the next meeting.She should be fair and impartial. Vice Mayor Surra stated there was a history with this business. Councilmember Durbala stated this is not a history of these owners. Vice Mayor Surra stated she did not want them to repeat that history.Every time the city allows one,it gets two. Councilmember Durbala stated they are two new business owners trying to operate,and she appears to be wanting to throw them out of this community. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 19 OF 48 what she said. lose control of this meeting. did not pound the gavel. Vice Mayor Surra stated that is not Mayor Coleman asked where did he Councilmember Durbala stated when he Vice Mayor Surra stated she did not ask them to leave the community,but to comply with the rules and regulations of the community.That is what she expects of every business that she is aware of. Councilmember Durbala stated he does not see where they are in violation when he knows that there are other businesses that have operated while their license was in the process of getting done,too. Councilmember Urich asked if the health department has given them any indication as to when they might be coming back to inspect the premises. Mr.Kent Leach stated the health department said they would be back in two weeks,and that was two weeks from tomorrow. Councilmember Urich suggested a continuance of this item. City Attorney Joel Stern asked what the deadline would be to submit the information from the city council. Councilmember Dietz stated Monday, November 8,is the sixty days. City Attorney Joel Stern stated the next meeting is November 1,so a two week continuance would be within the time limit deadline. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 20 OF 48 Mayor Coleman asked if there was anything else for the applicants.He thanked them for being willing to come before the council. Mr.Kent Leach commented they are doing their best to comply.They will do whatever needs to be done.He added the pillar will be in place if this goes another two weeks. Mayor Coleman stated the memo from the fire district indicated that you are trying your best to try to bring it into compliance.He commended them for that. Mr.Kent Leach stated the health department inspector gave them an okay to operate the first time she came out. He was assuming that was okay for a business license to proceed.When he has worked with the health department in the past,they almost always give you something that they will find out of compliance,for any restaurant in town. He added they might have a long way to go if you have to have 100% compliance every time they come out. Vice Mayor Surra stated she believed there is a point system and you have to have so many points within 100% to get the clearance from the health department.It has to be within the allowable portion,which would put them in compliance and allow the city to issue the license.However,code compliance issues have to be met which have to do with the safety of the building.When all those things are complete,then they will be in compliance. Councilmember Eck asked how long they had been operating the business. Mr.Kent Leach stated they have been operating it for five weeks. Councilmember Eck asked if any sales tax had been paid on their income. Mr.Kent Leach stated they have a sales tax number and the first sales tax payment will come on October 25. they had been operating the business. operating it for five weeks. tax had been paid on their income. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 21 OF 48 Councilmember Eck asked the city clerk how that would work,if an audit would have be done to go back to when the license was issued. Mr.Kent Leach stated it would be based on income from when they started. City Clerk Kathleen Connelly stated they would be obligated from their first sale. Councilmember Eck asked if the sales tax had to be paid every month. City Clerk Kathleen Connelly stated the Arizona Department of Revenue determines from past records how frequently they need to file. Mr.Kent Leach stated they do have all of their sales tax numbers. 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.Council requested the city building official to speak. Building Official Dennis Dixon stated they have complied with everything except the pillar at this time. Approximately 80% to 90% of the repairs have been done. Councilmember Durbala asked how long it would take for them to receive their business license once the city receives written documentation from the health department. City Clerk Kathleen Connelly stated it would be issued as soon as the release from the health department is received.It is already prepared. Councilmember Durbala asked if the council could grant approval of this dependent on the city receiving a copy of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 22 OF 48 the release,then having the business license issued,and then having the information sent to the state,rather than continuing the item. City Clerk Kathleen Connelly stated she does not believe the Arizona Department of Liquor Licenses and Control will acknowledge conditional recommendations. Mayor Coleman closed the discussion with no further comments. Councilmember Durbala MOVED THAT THE APPLICATION FOR A NEW LIQUOR LICENSE,INDIVIDUAL,SERIES 12 LIQUOR LICENSE SUBMITTED FOR SUPERSTITION SKIES BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:6-1 (Vice Mayor Surra voted in opposition.) Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. APPLICATION FOR A LIQUOR LICENSE FOR HACKERS GRILL )City Clerk Kathleen Connelly briefed the council on this item.This for a new license for Hacker's Grill located on North Plaza Drive.Initially the police department had asked for a continuance,however,all concerns have been resolved and they are now recommending approval.The applicant has been notified and has a representative here. Mayor Coleman requested the applicant address the council. Mr.John Shaw,father of the applicant,addressed the council.He was there to answer any questions.The REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 23 OF 48 restaurant used to be called Wacker's Grill,and his son is a recent graduate of Scottsdale Culinary Institute.He has also operated Gold Canyon Grill for the last three years.He is happy to be part of Apache Junction now. Vice Mayor Surra asked if the information was correct on the application that his son had been arrested for drunk driving in 1996. incorrect. for. knowledge of that. listed it on his application. listed that. listed it,than it must be true. Mr.John Shaw stated that is Vice Mayor Surra asked what it was Mr.John Shaw stated he had no Vice Mayor Surra stated he had Mr.John Shaw asked if his son had Vice Mayor Surra stated someone had. Mr.John Shaw stated if his son had Councilmember Eck commented he apparently did not pass that information on. Mr.John Shaw stated he did not share that with him. Councilmember Durbala asked if he had attended the training from the Department of Liquor Licenses and Control. Mr.John Shaw stated his son did. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 24 OF 48 Councilmember Durbala asked if he knew that he had attended that. Mr.John Shaw stated he knows that he attended that for sure. Councilmember Durbala stated it is a very informative school and he appreciated seeing that in an application process. 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 THE APPLICATION FOR A NEW LICENSE,INDIVIDUAL,SERIES 12 LIQUOR LICENSE SUBMITTED FOR HACKER'S GRILL BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.99-50/PRE- ANNEXATION DEVELOPMENT AGREEMENT WITH SOUTHERN AVENUE ASSOCIATES LIMITED PARTNERSHIP FOR DEVELOPMENT OF FOUR PEAKS MANUFACTURED HOME PARK;PROPOSED RESOLUTION NO.99-51/APPROVAL OF SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO EXTEND SERVICE BEYOND CITY LIMITS )City Manager Curtis Shook briefed the council on this item.This has been discussed between the applicant, staff and the council for approximately 1.5 years.It appears the agreement REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 25 OF 48 is now acceptable to all parties involved.He recommended council approve the agreement. City Attorney Joel Stern stated Resolution No.99-50 authorizes the development agreement.The version they have was received last week,and they have a new version with the only changes being procedural and grammatical.He will have those in form for signatures if this passes.Resolution No.99-51 is required to authorize the sewer district to extend its boundaries.This is required for annexation. Mayor Coleman requested the applicant address the council. Mr.Sean Lake,10 W.Main Street, Mesa,addressed the council.They have agreed to everything and have included a provision for ground setting and attempted to describe that as best as they could so there would be no confusion when permits are pulled.They have done everything they have been asked to do and he requested their approval. Mayor Coleman opened the public hearing on the items.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.99-50,A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A PREANNEXATION DEVELOPMENT AGREEMENT WITH SOUTHERN AVENUE ASSOCIATES LIMITED PARTNERSHIP,AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE,AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT RESOLUTION NO.99-51,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 26 OF 48 OF APACHE JUNCTION,ARIZONA,GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SERVICE TO CERTAIN PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1088/ZONING ORDINANCE AMENDMENTS TO ARTICLES 6,12 AND 13 )Development Services Director Glen Van Nimwegen briefed the council on this item.This ordinance will remove the fees from the zoning code,the conditional use permit,the Board of Adjustment,zoning ordinance amendments,lands splits and references Chapter 4 of the City Code where all the fees will be stated. 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 Eck MOVED THAT ORDINANCE NO.1088 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 27 OF 48 Councilmember Eck MOVED THAT ORDINANCE NO.1088,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1078/CITY COUNCIL- INITIATED AMENDMENTS TO THE SIGN CODE PERTAINING TO OFF -SITE SIGNS )Associate Planner Rudy Esquivias briefed the council on this item.This item was continued from the last meeting due to changes in the fee section,which has been added to the city code for ease in amending the fees in the future.The Planning and Zoning Commission recommended approval of the amendments unanimously.This will create the process for developers to ask for weekend off -site signs and directional signs.The ordinance has been streamlined at the request of the city clerk and city attorney,but no substantive changes have been made. Councilmember Eck asked if the fees were too high. Associate Planner Rudy Esquivias stated they had already adopted the fees. Assistant City Manager George Hoffman stated they would be adopting them with the next item. were too high. stated they had already adopted the fees. Vice Mayor Surra asked if there had been any input from the staff that will be enforcing this. Associate Planner Rudy Esquivias stated they had talked to Bob Mayes of code enforcement.There has been discussions on weekend monitoring to catch the worst violators of the code, possibly once a month. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 28 OF 48 Councilmember Durbala asked how much overtime this would cost the city,as he could not see the point of this ordinance if they were only going to enforce it once a month. City Manager Curtis Shook stated if the council decides to adopt this,staff would give it the requisite attention it would need to make it an enforceable ordinance.It may not necessarily incur overtime. Councilmember Durbala asked if people would be out there every weekend enforcing this. City Manager Curtis Shook stated he did not know if every weekend would be necessary or appropriate.There will be more enforcement at the start of the program,and if things go well it will lessen. Councilmember Durbala asked if every developer will be given 30 days notice of this going into effect. Development Services Director Glen Van Nimwegen stated they will notify them by mail.They had notified them of the draft of the ordinance so they could have their input. Councilmember Dietz commented he could not recall seeing any negative response from the developers. Development Services Director Glen Van Nimwegen stated they got some helpful suggestions. Councilmember Durbala asked about the other signs and the signs that have been out there throughout the weekend that have not been from developers. Development Services Director Glen Van Nimwegen stated there are signs out there that would be considered illegal by this ordinance and they will be picked up. Councilmember Insalaco asked what signs they were talking about. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 29 OF 48 There was general comment by the council on weight loss signs,phone hook up signs and computer signs. Associate Planner Rudy Esquivias stated any sign that is considered an off -premise sign is technically illegal. Councilmember Durbala asked about the garage sale signs. Associate Planner Rudy Esquivias stated there is a section of the code which talks about garage sale signs and where they can be located.They are supposed to be located on private property:the ones that are the problem are those located in the right-of-way. Councilmember Durbala asked about the signs for the kids having fundraising car wash signs. Associate Planner Rudy Esquivias stated they generally carry their signs around. Councilmember Durbala stated they are sometimes set down or put up on a pole. City Attorney Joel Stern stated if it is in the right-of-way and is put down on the ground it would be illegal. City Manager Curtis Shook stated he believes a lot of this will be common sense enforcement.There will be certain situations that will not require regulation. Councilmember Durbala commented he wants to make sure it is said,because it is confusing if you enforce one and you use common sense on the other.It should all be written in as to who can do it and who cannot.It should be fair,as the one paying a larger amount of taxes cannot do it and the ones paying little or none can. Vice Mayor Surra stated she believes that commercial businesses with budgets for marketing and advertising are different in category from boy scouts and girl scouts and someone having a garage sale.The intent was not to compare commercial to non-profit and limit REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 30 OF 48 the activity that is normal in this community.Profit developers should not be allowed to post signs every weekend up and down all the streets when they have a budget for advertising in the newspaper.These are not directional signs,they are advertising,and they are not advertising impulse buys. Councilmember Durbala stated it should be listed in here that those signs are legal.It does not say anything about commercial or private.He read the definition of legal signs and commented on those considered temporary signs.He could not vote for this as i t is worded.There needs to be a section for organizations having a fundraiser and those people having garage sales being allowed. Vice Mayor Surra stated she believed it was in another section of the ordinance. not in this ordinance tonight. thought these the ordinance does not feel Councilmember Durbala stated it is Vice Mayor Surra commented she were additions to the definitions. Councilmember Durbala stated this is they are voting on tonight and it is not in this ordinance.He he can vote for this ordinance the way it is worded. Vice Mayor Surra commented this is an amendment to the ordinance. Councilmember Durbala stated they are talking about Ordinance No.1078,not an amendment to the ordinance. Vice Mayor Surra stated she believed they already have definitions in the zoning ordinance and this is amending those. Associate Planner Rudy Esquivias stated they have a copy of the entire sign code in their packets.He read the section of the sign code that would apply to signs for local holidays or events. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 31 OF 48 Councilmember Durbala stated that section would not apply to the signs he was talking about.He would like to see a section added covering garage sales and fundraising signs for non-profit organizations that would exempt them from this ordinance. Councilmember Eck stated he thought the intent was for the commercial developer,not for carport sales.He wants this for commercial development only. Mayor Coleman read Section B covering other events non-commercial in nature,which is located on page 161. Councilmember Durbala stated he would still like to see it in the ordinance if it is passed. Mayor Coleman stated this is the ordinance that they are passing. Development Services Director Glen Van Nimwegen stated the current ordinance does not specifically address garage sales,but the wording is pretty close.The ordinance before the council just addresses subdivision signs. Councilmember Dietz stated it is an amendment of the current ordinance covering the commercial subdivision signs. part is already current. that is correct. stated page 165 has the yard sale rules. shows in there. effective since 1993. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 32 OF 48 Councilmember Eck asked if the other City Clerk Kathleen Connelly stated Associate Planner Rudy Esquivias Councilmember Durbala asked where it Councilmember Eck stated it has been City Manager Curtis Shook stated Subsection E,under 21-20 Exceptions,it talks about temporary signs during city-wide public benefit events which could be liberally construed to include them. Vice Mayor Surra stated Subsection B gives you events non-commercial in nature. Councilmember Durbala commented he still thought it should be in the new ordinance. City Clerk Kathleen Connelly stated it should not be in Ordinance No.1078,as it is only making some changes,not re -adopting that portion.If it was to be changed,than it would be in there. Councilmember Durbala stated he would like to see it written so people can understand it. City Clerk Kathleen Connelly stated it will be codified and put into Article 21. Councilmember Durbala stated he would like to see those signs added in there somehow. Mayor Coleman asked if he meant events non-commercial in nature. Councilmember Durbala stated he did not think garage sales would be classified as events.He would like to see one sentence saying garage sales and fundraising signs are not under this.He suggested they might want to bring something else back later to change that. Councilmember Eck asked if carport sales would be considered non-commercial in nature. Councilmember Durbala stated he would if it was written that way. City Attorney Joel Stern stated a judge generally interprets non-commercial in nature broadly.It would include REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 33 OF 48 car washes and garage sales.It is non-commercial intent.The sign ordinance is really for enforcement against the big,commercial developers.That is how it would be argued in court,and probably won. Associate Planner Rudy Esquivias stated there is a section on page 163 entitled Signs Not Requiring a Permit, and that section does include garage sales. City Attorney Joel Stern asked what section that was under. Associate Planner Rudy Esquivias stated it is Section L on page 165 of the code. Mayor Coleman opened the public hearing on the item. Mrs.Midge Conway,902 S.Ocotillo, Apache Junction,addressed the council.She commented they had a sign for a garage sale in the right-of-way near Apache Villa and the police made them come and take it down.She believes there will be more traffic accidents i f all of these developers are allowed to put up their signs.People will be stopping to read them instead of looking at the road.They look horrible. She recalled a Methodist church wanted an off -site sign and it was turned down,yet the council is allowing this to go on.She commented Mesa has recently taken away the developers'ability to put up off -site signs,and you will not find them in Gilbert or in Chandler any more. Mr.Bill Conway,902 S.Ocotillo, Apache Junction,addressed the council.They have gotten by the sign ordinance there by having men carrying signs on the street corners.That is the only way they can circumvent it.These men are not allowed to stop,they have to keep walking. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 34 OF 48 Councilmember Dietz MOVED THAT ORDINANCE NO.1078 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. the ordinance ORDINANCE NO. City Clerk Kathleen Connelly read by title only. Councilmember Dietz MOVED THAT 1078,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Durbala voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1084/AMENDING APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 4 FEES )Assistant to the City Manager Bob Galloway briefed the council on this item.This ordinance covers the fees from the last two ordinances.Council had requested during the work session on this item that consideration be given to recovering publication fees from applicants.That is now in Item C,page 2.Anything exceeding $500 will be charged back to the applicant.It appears that most of the fees are under $500.The other revision is for the special sign permit fees to be added to Chapter 4.The table of fees used by staff to make the recommendations was provided to council last week. Councilmember Eck asked if a comparison was done with other communities on the amount of the fees. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 35 OF 48 Assistant to the City Manager Bob Galloway stated they compared them with Casa Grande,Cave Creek,Mesa,Tempe, Gilbert and Fountain Hills.Not all of them have fees for the various services,and those were left blank on the table of fees.The recommendations are right at the average on all of the major issues,at approximately 65%. Councilmember Urich commented she is concerned about the city being averaged against Fountain Hills.She asked if there was a basis for the fees or were they just averaged. Assistant to the City Manager Bob Galloway stated each fee was discussed in detail by staff and the figures were arrived at based on their experiences.The averages were included to assist council in seeing how these recommendations compare to other cities. Councilmember Urich commented they are doubling some fees and taking a large jump in others.She is concerned about that.She asked if staff had done any research to determine the fees. Development Services Director Glen Van Nimwegen stated they looked at the actual cost for the amount of time the planners provided,the staff of the city attorney,the city clerk and other departments that might come into contact with it.They did not want to make it an across the board increase for everybody:they broke out the minor zoning cases and kept them at a flat fee of $550 so those people would not pay what major developers pay.There was some "art" applied to these. creative staff was. Van Nimwegen may be quite and they are are based on Councilmember Urich asked how Development Services Director Glen stated the last time they had a fee increase was in 1991,and it a while before these are amended again.Costs go up every year hoping these fees will be in line for at least another two years. Councilmember Urich asked if these something his staff had actually sat down and computed. Development Services Director Glen Van Nimwegen stated they were. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 36 OF 48 Assistant to the City Manager Bob Galloway stated the overall increase is roughly 46%,which breaks down to 5.6% per year. Councilmember Urich stated she wanted to make sure they were not going on the average of what some of the other cities and towns were doing. Development Services Director Glen Van Nimwegen stated he believes the average gives them a good guide.The issue is whether the city wants to price itself out of the market.There is reason to look at the average,but it is not the only guide. Councilmember Durbala asked why they are charging $300 for five directional signs,five more are an additional $50 and ten more are an additional $100. Associate Planner Rudy Esquivias stated the development signs were taken out of the conditional use process which is a similar process.The weekend directional signs they applied the same logic to,and the developers had no problems with these charges. Councilmember Durbala asked what the difference was between a major amendment to a planned development and a minor amendment to a planned development. Associate Planner Rudy Esquivias stated a major amendment requires Planning and Zoning Commission and council approval.A minor amendment is basically an administrative process. Councilmember Durbala commented they have to pay 25% of the original fee because they talk to staff.If they have to go through Planning and Zoning and a public hearing they pay 50%.He asked if they thought that unreasonable if they were just talking to an administrator. Associate Planner Rudy Esquivias stated there is research and information they have to add to the file.It does take up staff time. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 37 OF 48 Councilmember Durbala commented it seemed like some of the fees were very high,and he did not have a way of comparing them to other cities. Vice Mayor Surra commented he should have brought his chart. Councilmember Durbala commented he did not bring it with him.He asked to borrow someone's chart. fees. not been doing annual increases generally 5% to 10%.If spread these are not out of line;they She has no problem with the fee were right in line with some of on some of them. There was general discussion on the Vice Mayor Surra commented they had as most companies would do,and those are over the time period since the last increase, would actually be under that dollar amount. schedule. Councilmember Durbala stated they the cities,and now Apache Junction is higher Vice Mayor Surra stated they will do their housekeeping chore done next year and the city will be right back where it was.She does not need to know what other cities are charging compared to Apache Junction;she wants to make sure the city's costs are being paid.If the minimal changes are not being charged,then the broader base of the collections must be there to sustain that. City Clerk Kathleen Connelly asked if the fees also reflect the advertising costs involved. Development Services Director Glen Van Nimwegen stated that they do.They rolled those into it to avoid administrative costs for billing people. Assistant to the City Manager Bob Galloway stated that includes postage,too,and some have to have at least 300 mailings. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 38 OF 48 City Clerk Kathleen Connelly stated the Mesa Tribune advertising notifies her each year of at least a 2%increase, so you are looking at least at a 16% increase in advertising costs. Councilmember Durbala asked if the Casa Grande Dispatch was a legal newspaper. City Clerk Kathleen Connelly stated they are more expensive and it does not have as strong a circulation rate in Apache Junction. Councilmember Urich suggested they review these more frequently in the future. Councilmember Dietz asked when the fees were adopted by the other municipalities. Assistant to the City Manager Bob Galloway stated he did not check the dates.He estimated they were within the last two to three years. Councilmember Eck commented they are averaging around a 5.3% raise on most of the items,but Items 12 and 13 are well above that.It goes from $250 to $550. Assistant to the City Manager Bob Galloway stated it works out to a raise of $25 per year. Councilmember Eck commented they are doing 10% per year. Assistant to the City Manager Bob Galloway stated that was correct for that particular one. Councilmember Eck commented he would like to see that lowered,and the one on Item 13. Councilmember Urich asked if this is what staff has determined would be estimated cost. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 39 OF 48 Development Services Director Glen Van Nimwegen stated it is their recommendation. Councilmember Urich asked i f everything was taken into consideration to come up with these figures. Development Services Director Glen Van Nimwegen stated that was correct,plus the publication cost is included. In the past,they used to bill everyone for their publication costs:they will no longer have to do so,and it normally averages around $200 for a normal zoning case. City Clerk Kathleen Connelly stated there is a public hearing notice before the Planning and Zoning Commission and one before the city council,plus the cost of publishing the ordinance four times.It is well over $200. Mayor Coleman stated he did not think the city should be subsidizing these. City Clerk Kathleen Connelly stated the applicant must pay for the advertising and publication fees per state law. Councilmember Dietz commented it states under Section C that all those fees exceeding $500 must be paid for. City Clerk Kathleen Connelly stated anything under $500 is absorbed in these fees. Councilmember Durbala asked if they could just have a section that states that all advertising costs will be included or paid for,and then the other ones do not have to be so high. Development Services Director Glen Van Nimwegen stated that is what has been done in Subparagragh C. Councilmember Durbala asked why they could not just say that all legal advertising and publication costs would be paid for. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 40 OF 48 Development Services Director Glen Van Nimwegen commented that for those cases in Item 12 it takes as much time as the bigger cases.It does not take long to add up staff time and reach $500.It would amount to twenty-five hours of a planner's time,and they generally put in about that much time,not including the time of the city attorney and the city clerk. 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. Councilmember Eck stated he believed Items 12 and 13 are excessive.He would like to see a more consistent percentage on all of them,keeping an 5.3% increase over the eight years, which would make these a lot lower. Vice Mayor Surra commented her trash collection went up 13% to 15% for the quarter.This has happened two years in a row.She does not feel the city's increases are atypical.The users ought to be paying for what they use.If we cut back on the user fees,the city is not letting the proportionate share go for the general public services. Councilmember Urich commented she has no objection to the fees after hearing staff's presentation. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1084 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 41 OF 48 City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1084,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Urich SECONDED THE MOTION. VOTE:5-2 (Councilmembers Durbala and Insalaco voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1105/ESTABLISHING STOP SIGNS AT LOCATIONS WITHIN THE CITY OF APACHE JUNCTION )City Engineer Paul Stears briefed the council on this item.He listed the stop signs that were needed at various locations. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1105 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE 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 with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 42 OF 48 Councilmember Dietz MOVED THAT ORDINANCE NO.1105,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.99-54/ CONSIDERATION AND POSSIBLE ADOPTION FOR STATE HOUSING TRUST FUND.HOME APPLICATION) )Development Services Director Glen Van Nimwegen briefed the council on this item.This is an application only, there is no guarantee of the funds or that the city has to accept the funds. City Manager Curtis Shook commented they will be bringing a reorganization of the grants program to council in the future.The reportage and administration on the HOME funds are so high that it takes an inordinate amount of time from the grants person;it may become a local grant,averaging the last couple of years,and bypass all the red tape. The time then spent on this grant can be used to find new sources of grants that are not as scrutinized at the state or federal level. Mayor Coleman opened the item for council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.99-54,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS CERTIFYING THAT SAID APPLICATION MEETS THE CITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 43 OF 48 PROGRAMS;AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF CONCERNING ROBERT'S RULES OF ORDER FOR COUNCIL MEETINGS ) )Vice Mayor Surra suggested continuing this item to another meeting for further investigation.She is not totally convinced of what they are doing.She MOVED THAT WE CONTINUE THIS ITEM.The motion died for lack of a second. City Attorney Joel Stern stated it is up to the city council to give the mayor the right to create subcommittees. If this is to be done,it would have to be done at a different meeting than tonight.He also prepared a draft motion for this item which should have been received,and it names a certain version of Robert's Rules of Order to be followed.It is very comprehensive;if council does not like it,this can be put on a later agenda to be revised. parliamentarian would be. the city attorney is the parliamentarian. Mayor Coleman asked who the City Clerk Kathleen Connelly stated City Attorney Joel Stern stated that is correct unless they wish to appoint someone else. Mayor Coleman asked if he was comfortable with that version. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 44 OF 48 City Attorney Joel Stern stated he was. Vice Mayor Surra asked how many others are using this version and what do they say about it. City Attorney Joel Stern stated he did not know. There was general discussion on the history of Robert's Rules of Order and the different versions that were written. Councilmember Durbala stated he would like to go with the original Robert's Rules of Order,which was written in 1876. There have been 4 revisions since then by the author or his son. Vice Mayor Surra stated she believed they were going in the direction of finding something simple and more clearly defined than a ritualistic document. She believes that is what the city attorney is trying to do. She had wanted to continue this item so they could go over what was being presented to them. They will now have to give direction to staff to compare the documents. Councilmember Eck stated the city attorney recommended a certain version and he is comfortable with that recommendation. Councilmembers Dietz and Insalaco agreed. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT WE GO WITH OUR CITY ATTORNEY'S DRAFT ORDINANCE AMENDING APACHE JUNCTION CITY CODE SECTION 2-4-6 BY SUBSTITUTING ROBERT'S RULES OF ORDER WITH WEBSTER'S NEW WORLD ROBERT'S RULES OF ORDER,COPYRIGHT 1999 BY ROBERT MCCONNELL PRODUCTIONS; AND THAT THE CITY CLERK SCHEDULE ANOTHER MEETING WITHIN THREE YEARS OF THE ADOPTION DATE OF THE ABOVE -NOTED ORDINANCE FOR THE PURPOSE OF CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 1999 PAGE 45 OF 48 DISCUSSION AND CONSIDERATION OF AMENDING THE ABOVE -REFERENCED PUBLICATION,OR REPLACING THE ABOVE -REFERENCED PUBLICATION WITH AN UPDATED VERSION. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 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,NOVEMBER 2,1999, IN THE CITY CONFERENCE CENTER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Urich commented she attended the Governor's Rural Development Conference October 6-8.It was very informative.On October 9 she attended the city's Community Revitalization Strategy Old Town Neighborhood Community Event,with approximately 15 people from the community and staff members. Councilmember Durbala stated Project CENTRL will be having it second meeting at the Grand Hotel in Apache Junction.This will bring about 54 people to the community for a four day conference. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 46 OF 48 )Mayor Coleman adjourned the meeting at 10:30 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 21,1999. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Reggie Boucher;Public Works Street Crews;Joyce Brayshaw;Joan Delys;Jamie Zacher;Liz Langenbach;and Tim Sizemore. 4.Acceptance of a grant award for $38,000 from the Governor's Office of Highway Safety for purchase of two police motorcycles and several speed detection devices (radar units). 5.Authorization for City Manager to proceed with contract for legislative lobbyist services;authorization for Mayor and City Manager to sign the contract subject to approval by City Attorney. ACCEPTED THIS 2ND DAY OF NOVEMBER ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF NOVEMBER ,1999. DOUGLAS CgLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 47 OF 48 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 October,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of October,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19,1999 PAGE 48 OF 48