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HomeMy WebLinkAbout1998-04-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 21,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 21,1998,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 Reverend Mark Rudder gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember Durbala (Councilmember McClain was absent.) Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Interim City Engineer George Stephenson Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Larry Harmer Community Outreach Coordinator Patrick Brenner Others Present:Long Range Planner Kate Morris Housing & Grants Coordinator John Petroff Associate Planner Rudy Esquivias City Clerk Kathleen Connelly announced that Councilmember McClain was on vacation and had asked for a letter to be read REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 1 OF 23 into the record.The letter stated "Two planning and zoning commissioners have recently resigned.I believe their reasons were valid.Therefore,I'm resigning from the City Council,effective April 31,1998.Virginia McClain." ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;WITH THE EXCEPTION OF ITEM NUMBER 4, THE APPOINTMENT OF VACANCIES TO P & Z.I WOULD ASK THAT THAT ITEM BE REMOVED FROM THE CONSENT AGENDA AND BE PLACED IMMEDIATELY AFTER THE CITY MANAGER'S REPORT SO THAT IT CAN BE DISCUSSED AND VOTED ON AS A SEPARATE ITEM.I ALSO WOULD ASK THAT ITEM NUMBER 10 IN THE REGULAR AGENDA BE MOVED TO JUST BEFORE ITEM NUMBER 7 UNDER PUBLIC HEARINGS,THAT IT WOULD BE FIRST UNDER THE PUBLIC HEARINGS;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:BUILDING OFFICIAL DENNIS DIXON;BUILDING INSPECTOR/PLANS EXAMINER JOHN AUSTIN;LONG RANGE PLANNER KATE MORRIS;CITY ENGINEER GORDON GRANDY;PUBLIC INFORMATION OFFICER PAT BRENNER;ASSISTANT PLANNER PAUL MICHAUD;PLANS EXAMINER/BUILDING INSPECTOR JIM RICKER;PERMIT ASSISTANT MIKKI FRAZIER;THE LIBRARY STAFF;VICTIM ADVOCATE COORDINATOR JUDY ROBLES;AND THAT APPROVAL AND AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN THE RIGHT-OF-WAY RENTAL AGREEMENT WITH THE ARIZONA STATE LAND DEPARTMENT AT AN ESTIMATED COST OF $900 PER YEAR FOR A TEN YEAR TOTAL OF $9,000. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating May 3-9 as "Youth Week"at the request of the Benevolent and Protective Order of the Elks.He presented the proclamation to a representative of the Elks. CALL TO THE PUBLIC Mr.Keith Stachar,1153 N.Holmes,Apache Junction,addressed the council.He was concerned about the proposed adoption of Article 15 for residential zones in the Zoning Ordinance.He urged the council to create a citizens'committee to give additional input and to determine how the article will affect the citizens of the community. Mr.Galad Elflandsson,524 W.22nd Avenue,Apache Junction,addressed the council.He read a prepared statement concerning his perception on how REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 2 OF 23 council views the planning and zoning commission,the derisive comments of Councilmember Durbala,the Allied Waste planning and zoning public hearing, the deletion in the minutes of Councilmember Durbala's title during that meeting,and the rumor of Councilmember Durbala branding some of the planning and zoning commission as troublemakers.He added with Councilmember Durbala stating the landfill vote would be favorable,long before any vote had been taken,i t appears to many people that decisions and voting are done long before the actual public hearing on the landfill,and not taking into account the wishes of the people involved.He commented on the city manager living outside the city and the development services director wishing to direct policy instead of his department.It appears they are wishing to give the "little folk"care of minor issues while the "big folk"take care of major issues behind closed doors.He stated with the past resignations he is the last of the "troublemakers"left,and he does not intend to let the council cover every inch of the desert with "xerox copy housing and pop culture generated consumerism".He added he will not let council and staff pave over the city but hopes for it to remain a place of magic and beauty. Ms.Sandie Smith,Pinal County Supervisor,575 N.Idaho,Apache Junction, addressed the council.She updated the information given at the last meeting regarding the air quality issue.She stated they are asking the delegates for this area to reconsider the designation of Attainment A for this area.She added there needs to be further effort to reduce the problems in Maricopa County,but they are willing to be a part of that.She requested the council's support on this issue.She also commented that this is County Government Week,and they are working on issues that will take them in the year 2000.She requested everyone to fill out a questionaire on what they believe to be the three top issues facing the community,to be returned to her,where it will eventually be forwarded the the National Association of Counties. Mr.Elliott Fisher,547 E.Quail,Apache Junction,addressed the council regarding his time on the planning and zoning commission.They had similar issues and he felt the chairman of the commission was overpowering to the rest of the board.He believes some of that is still going on.He commented when he was on the commission before,he believes he was appointed by staff, whereas now the commission is appointed by council.A comment made by a councilmember when he applied for the commission at a later time had induced him to get more involved in city politics and eventually run for council.He stated the issues at the town hall were "niceties",he would like to see the internal problems handled first. CITY MANAGER'S REPORT City Manager Curtis Shook introduced Robert Warner as the new police chief. He proceeded to advise council that the city has been included in an air quality bill in both the house and senate versions.This would require emissions testing,no burn days and other rules currently enforced only in REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 3 OF 23 Maricopa County.Letters with a copy of the resolution passed by council regarding this were sent to the state legislature last year,and additional letters are being sent at this time,but it appears it will be an uphill battle to be excluded from that area. CONSENT AGENDA CONSIDERATION OF APPOINTMENT TO THE VACANCIES ON PLANNING AND ZONING COMMISSION )Mayor Coleman commented the applicants were interviewed last night,and he believes they have some very qualified applicants. Vice Mayor Surra asked if all the applicants were present tonight.(Not all of the applicants were present.) She wished to know the attendance record of the applicants at past commission meetings over the past twelve months.She asked the city attorney if the one applicant present would be allowed to answer the question at this time. City Attorney Joel Stern responded there could be no interaction with the applicants as this is not a public hearing. Vice Mayor Surra asked if there were attendance records for planning and zoning meetings. Development Services Director Larry Harmer stated there are. Vice Mayor Surra MOVED THAT WE CONTINUE THIS ITEM TO THE SECOND MEETING IN MAY. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION PROCESS )Development Services Director Larry Harmer briefed the council on the item.This is the second required public hearing on this item which is used to inform the public as to the possible uses of the monies.This is to be used to provide assistance in REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 4 OF 23 housing,living environment,and expanded economic opportunities for people of low or moderate income.They should prevent or eliminate slum or blight conditions and address urgent community development needs,such as infrastructure.He mentioned some of the elements that could be involved,and those that would be ineligible.Between now and May 1st they will research the community to look for eligible projects and establish those that have been used before.On May 4th a display ad must be published on those projects,and in June council will need to pass a resolution to support the projects.The application needs to be submitted by the end of July.He briefed the council on how the funding is doled out.He informed the council that the city will be partnering with Payson,which will allow them to apply for double funding this year and zero funding next year.This will allow them to finish secondary projects and will give the city $259,448. hearing on the item. Mayor Coleman opened the public Mr.Elliott Fisher,547 E.Quail, asked if the block grants could set the stage for more multi -family units. Development Services Director Larry Harmer stated he did not have an answer for that at this time and it would have to be researched. Mayor Coleman closed the public hearing with no further questions and opened the item to discussion by the council. Councilmember Durbala stated he understood the money this year would be used to finish the sidewalks and curbs on Phelps. Development Services Director Larry Harmer stated the current project year includes infrastructure improvements but those are in the low -moderate areas.The projects for the next year's funding have not been established yet and council will have opportunity to have input on those. Mayor Coleman closed the public hearing and moved on to the next item. PROPOSED ORDINANCE NO.1033/PZ-27-96, PLANNED DEVELOPMENT AMENDMENT ) briefed the council on this item.This development by planned development.It facility with retail frontage along Old been redesigned to include reduction of REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 5 OF 23 )Long Range Planner Kate Morris is to amend an existing commercial was originally for a mini -storage West Highway at Hilton Road.It has the total building allowance,wider driving aisles,a change in the entrance feature,a different architectural fence along the front and a secondary access added along Hilton.The elevations of the retail area and the decorative fence along the front have also been changed.The planning and zoning commission voted 4-2 in favor of this amendment and there was no public comment.The parking spaces shown in the drawing have been removed and they are working with the fire department regarding the turn radius.She commented the applicant is in the audience. Mayor Coleman asked if the fire department issues have been addressed in this rezoning. Long Range Planner Kate Morris stated they had.Those redesigns that are not in the council packet will be on the building permit and will have to be stamped approved by all the departments. Mayor Coleman asked if that needed to be a condition for approval. Long Range Planner stated is has already been taken care of.The fire district sent her a memo stating their concerns had been addressed,but it came in after the packet had gone to the council. Mayor Coleman asked the applicant to address the council. Ms.Linda Pierson,1632 W.Mountain View,Mesa,addressed the council on behalf of the owner.She works for the general contractor doing the project.She believes they have a quality project that will enhance the city. 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 ORDINANCE NO.1033 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. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 6 OF 23 the ordinance by title only. City Clerk Kathleen Connelly read Councilmember Urich MOVED THAT ORDINANCE NO.1033,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1035/PZ-4-98, NICHOLS HITCHENS/METALTRADE REZONING )Associate Planner Rudy Esquivias briefed the council on the item.He stated this is a rezoning from CI -1 to CI-2/PD for approximately 5.6 acres in order to establish a steel structures fabrication plant.Metaltrade makes large steel structures for the mining trade.There would be some outdoor storage involved.The planning and zoning commission unanimously approved this request.Stipulations have been included to protect the city insofar as the building of proper roadways and retention areas should the project not go forward.The final plat has been received and the stipulations are no longer so severe,particularly stipulation three. Councilmember Insalaco asked if this would change the zoning for the whole parcel. Associate Planner Rudy Esquivias stated it would just change the lots involved,the rest would remain light industrial.If others are to be changed,each developer would have to come before council with that rezoning. address the council. Mayor Coleman asked the applicant to Mr.Greg Hitchens spoke on behalf of the Nichols family and Metaltrade Corporation.He commented this is the first project for the Baseline Industrial Park,and they have received the support and input of staff,the commission and neighbors for this facility.This company is currently located in Mesa.They assemble components for mining companies and smaller items that could be used by local residents.They need a lot of open storage,though storage is for a short duration.The company chose the site because of its proximity to the freeway and its visibility. The building has been oriented away from streets and was designed to face the freeway.There will be large landscape setbacks.Along Winchester,the building will be skirted to the ground preventing anyone from seeing what is going on.It will be clean and quiet.The steel arriving on site has already REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 7 OF 23 been smeltered and only needs to be cut,drilled and welded.He commented he would be happy to address any of their concerns. Vice Mayor Surra stated she understood they had currently 18 employees and she asked if they would be coming with the plant. Mr.Greg Hitchens stated they have 12-13 people with a facility less than half of this size.They are anticipating growth and will be looking to this community as an employment base. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,524 E.Quail, stated an industrial base is important to any city.At the commission hearing,there had been some concern over this business being loud or a nuisance.He has worked for a similar company in Gilbert that sits across from an upscale housing development and they have had no problems.He is glad to see this coming to the city and requested approval. Mr.Tom Cosgrove,who lives on Tomahawk Road in Apache East Estates,commented that Mr.Hitchens was talking about Winchester Road.He reminded them that Winchester Road does not go through at this time.The only means of egress would be Tomahawk Road and Idaho Road.He believes the condition of Tomahawk Road creates a problem due to it being torn up by heavy industrial traffic.He asked if Winchester Road would be put through to solve the problem.He wanted to know what impact this facility would have on the traffic problem south of the freeway. Mr.Greg Hitchens stated the traffic would get to the site via Winchester,but they would be exiting the freeway at Idaho,going south to Baseline and then east to Winchester. Mayor Coleman asked how much large truck traffic this business would generate. Mr.Greg Hitchens stated he could not estimate that,but there may be as many as one large truck a day delivering materials,or one each morning and afternoon.There will not be as much truck traffic as vehicular traffic.There may be others that will eventually come to the park that will generate more traffic than they will, but they will not generate much traffic on a per lot basis. Councilmember Eck asked if most of the traffic would be off of Idaho Road. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 8 OF 23 Mr.Greg Hitchens stated it would at this time.He could not say what would happen in five to ten years. Development Services Director Larry Harmer stated the two adjacent properties to the west should have a logical ingress/egress off of Idaho to Winchester.They should be connected by quarter sections. Mr.Elliott Fisher,524 E.Quail, added this site may be able to give vocational training. Mr.Sam Ludwig,president of Metaltrade,1286 W.Chilton Avenue,Gilbert,stated they average about one or two trucks a day.Shipments would be one truck two to three times a week.As the business grows,that will increase.They currently have 18 employees and project their workload to increase 10%-15% in the next nine months.They looked at Apache Junction because of its close proximity to the mining industry and for its industrial employment base available.Many skilled tradespeople live in the extreme East Valley.In addition,they are already having discussions on a vocational program that would benefit the high school students in Apache Junction.Skilled welders in the industrial sector make good wages,and they are having a difficult time finding qualified people. They are developing a certified welder training program with the school district for qualified juniors and seniors. Mayor Coleman closed the public hearing with no further questions and reopened the item to council discussion. There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1035 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 Insalaco MOVED THAT ORDINANCE NO.1035,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 9 OF 23 VOTE:Unanimous. The motion carried. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1034/PZ-14-96 ALLIED WASTE REZONING )Associate Planner Rudy Esquivias briefed the council on the item.This is a proposed rezoning for the existing landfill at the northwest corner of Ironwood and the Guadalupe alignment,plus an additional surrounding 89 acres.This is from GR general rural to CI-2/PD heavy industrial by planned development.This will properly zone the current landfill and allow for an expansion of the existing landfill.It will have a 150'buffer between the state lands and the landfill.The planning and zoning commission requested the city to retain consultants to advise what was in the landfill and the possible impacts of the expansion on future uses,land values and other issues.The scope of the consultants was narrowed to focus on public opinion of the landfill expansion,transportation impact,environmental impact,and the effects on surrounding uses and land values.The consultants presented their findings at a recent hearing.Most of the responses on the survey were against expansion of the landfill.The planning and zoning commission public hearing had numerous people giving their views with the commission ending in a tie vote.The commission motioned to forward the rezoning to the council with no recommendation and a copy of the their minutes.He commented they have received a lot of input from people who live in the area over the past 18 months.The city engineer has stated the main roads would be the appropriate roads to be handling such traffic.There has been discussion about amending the stipulations,and he commented staff is requesting to continue this item to amend those stipulations. Mayor Coleman asked if the continuance would have to be date specific. City Attorney Joel Stern stated it would have to be date specific in order to avoid having to republish the hearing. applicant to address the council. Mayor Coleman requested the Mr.Brad Dugas,representing Allied Waste,7201 E.Camelback Road,Suite 375,Scottsdale,addressed the council. He commented he appreciated their support in getting as much information as REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 10 OF 23 they could to help them make an informed decision.They would like to make the existing landfill a better benefit in the short and long terms environmentally.This will be a phased closure of the landfill.The expansion will make i t look smaller in the long run. Mayor Coleman commented the council already had his presentation and asked that he keep it brief. Mr.Brad Dugas gave a brief description of what Allied Waste is and that they focus on community involvement.He gave a brief history on the purchase of the land.He commented the rezoning is for the whole 129 acres,not just the acres involved in the expansion.The reason for the expansion is to attain a smaller slope angle which will allow for vegetation.The current scenario is for the landfill to close in three years.With the Queen Creek landfill closing in 18 months,the closest landfill will be the Tr -City landfill on the indian reservation at Gilbert Road and Beeline.That is slated to close around 2006. The next closest landfill from there is 35 miles away.Eventually,everything will have to be transported somewhere else.This rezoning will provide a buffer of waste disposal for 7 to 15 years.He commented they will again be participating in the Apache Junction clean-up on May 18,and anticipate going forward with the expansion.The previous owners,due to there being no laws governing landfills at the time,did not put in storm water controls.The buffer area will allow for the installation of those channels and retention basins.He described the time frame involving the current and proposed height of the landfill.Their proposed excavation will be lined and to a depth of 35 feet.They will have an integrated cap which will control the release of methane gas.He commented that the federal,state,city and county are all involved in the permitting process. Mr.Steven Voss,LVA Urban Design Studio,7502 E.Main,Scottsdale,addressed the council on behalf of Allied Waste.He briefed the council on the planning issues.He mentioned the current general plan and the existing uses surrounding the site.The improved conditions they plan on will be compatible with the industrial uses already in and being planned for the area.The ultimate goal in the eventual closure of the facility is to make the area look natural.A desert scenario will be recreated over the top of the expanded landfill,involving a transition from the lower desert to upper desert vegetation,including small trees.It will be a naturally undulating topogaphy,with the north face being closed in the first 5 years of the expansion,and the remainder being closed 7 to 15 years later. Mr.Brad Dugas mentioned the development agreement involving the city cleanups,dedicated roads, notification procedures,and a liaison committee.He commented they are in agreement with all nine stipulations,and they are willing to work on any additional stipulations that may be recommended. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 11 OF 23 Councilmember Durbala asked i f anyone was here from the Arizona Department of Environmental Quality. Mr.Brad Dugas stated there is no one here from the Arizona Department of Environmental Quality.They could not make it tonight. hearing on the item. Mayor Coleman opened the public Mr.Elliott Fisher,524 E.Quail, Apache Junction,addressed the council.He commented this has been before planning and zoning for quite awhile,and he does not see anything aesthetically pleasing no matter how it is covered up.He urged the council to base the approval upon the public benefits that would be received. Ms Laurie DiVienzo,777 N.Tufa Rd., Apache Junction,addressed the council.She commented on the newspaper article that showed a majority of the public wanting this approved. Mr.Tom Kelley -Devaney,55 E.19th Lane,Apache Junction,addressed the council.He stated this has gone back and forth with the landfill people,and he believes everybody on the commission did their homework and polled the public.The results showed this is still up in the air in the community. Mr.Tom Cosgrove,Apache East Estates on Tomahawk Rd.,Apache Junction,addressed the council.He is concerned about the traffic impact resulting from the expansion.He urged the council to upgrade Idaho and Tomahawk if this plan is approved to handle the traffic. Mayor Coleman closed the public hearing with no one else wishing to speak and opened the item to council discussion.He stated they could go ahead and vote for denial this evening or continue it with indications that they would be ready to proceed once the stipulations were rewritten. Vice Mayor Surra commented that they could vote for denial at any time,not just this evening.She added having the stipulations clarified does not necessarily mean they will vote for approval. Councilmember Durbala MOVED THAT WE CONTINUE THE POSSIBLE ADOPTION OF ORDINANCE 1034 TO TUESDAY,MAY 19,1998,AND DIRECT STAFF TO PROVIDE US WITH THE BASIC DRAFT OF THIS ORDINANCE FOR OUR MAY 4,1998 WORK STUDY SESSION. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 12 OF 23 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. City Attorney Joel Stern suggested they may want to make a motion to bring it back date certain. Councilmember Durbala stated his motion brings it back for adoption on May 19.He then decided he would like to rescind the motion and have a public hearing along with the possible adoption on May 19.He asked if he would have to do a new motion. Vice Mayor Surra stated she believed he would have to add it to his motion. There was general discussion about how the public hearing would be added to the motion.It was determined by the city attorney that a substitute motion would have to be offered. Councilmember Durbala offered a substitute motion. Vice Mayor Surra agreed to withdraw her second for a substitute motion. Councilmember Durbala MOVED THAT WE CONTINUE THE POSSIBLE ADOPTION OF ORDINANCE NO.1034 TO TUESDAY,MAY 19,1998, TO INCLUDE A PUBLIC HEARING AT THAT TIME,AND DIRECT STAFF TO PROVIDE US WITH THE BASIC DRAFT OF THIS ORDINANCE FOR OUR MAY 4,1998 WORK STUDY SESSION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-12/PROPOSED ORDINANCE NO.1031/REVISION OF CITY CODE, CHAPTER 6,ANIMALS )Special Management Assistant Bob Galloway briefed the council on the item.The memo in the packet lays out the changes proposed in the city code.The resolution and ordinance have three major changes.One is the consolidation and addition of definitions,another is the addition of the section regarding fecal matter,and the last deals with numerous language,modernization of terminology and bringing the code up to date.The resolution merely states the amendments to Chapter 6 will be REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 13 OF 23 declared a public record.The ordinance will adopt the public record by reference.This allows staff to publish the two page ordinance rather than the ordinance plus the additional 26 pages of amendments.He commented there are two insignificant errors in the text.The first is on page 13,paragraph 7,nine lines down,the word "his",in "his application",should be eliminated. Councilmember Urich asked i f something should be inserted in its place. Special Management Assistant Bob Galloway stated he did not believe anything needed to be in there.It would just read "at the time of application".The other is on page 18,in paragraph A in the middle of the page,in the first line,"No person having charge of custody",the "of"should be changed to "or".He commented he would make any other adjustments if council had found any others. Mayor Coleman asked if there was a limitation on the number of dogs. Special Management Assistant Bob Galloway commented the ordinance states there is a three dog limit in the city,with up to five if the property owner has a personal kennel permit obtained from the city.If one lives in certain zoning areas,unlimited dogs are allowed with a commercial kennel permit. Mayor Coleman asked if that was a change. Special Management Assistant Bob Galloway stated that was not a change;it has existed for many years. Mayor Coleman opened the public hearing on the item. Mr.Mike Alltop,1059 S.Hilton Rd., Apache Junction,addressed the council.He commented he sat on a committee for over a year to help redraft the animal control ordinances.There were several different changes that they had agreed upon that are not in this ordinance.One does relate to the number of dogs.This ordinance does not even mention dogs,it states more than three animals of the same species.He does not believe the number of dogs or animals is an issue.An irresponsible dog owner will cause as much or more problems with one dog than a responsible dog owner with many more.He recalled that Councilmember Surra eleven months ago motioned to deny the then Ordinance No.990,have it redrafted,bring it to public hearings and advertise it in the city pages to get public input. However,there were no public hearings or public meetings.The earlier meetings showed the majority of people did not want a limit on the amount of REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 14 OF 23 animals,and that was ignored by staff or council.He inquired what had happened to the public input? Mayor Coleman closed the public hearing with no one else wishing to speak.He called for any further discussion by the council. Councilmember Eck wanted i t clarified that the city code could be amended at any time. Mayor Coleman stated it could,and that these were the changes that were pretty universal. City Attorney Joel Stern asked Councilmember Eck exactly what his question was. Councilmember Eck wanted to know if they could add something in the future. City Attorney Joel Stern stated i t could be amended. City Clerk Kathleen Connelly commented that the entire Chapter 6 is not in front of them.There is another portion of Chapter 6 that specifies the number of animals.Historically, about 1980 the city had a limit of 3 dogs.Around 1990 or 1991,as there were so many people in violation of the 3 dog limit,the council added the personal kennel permit.If you go beyond the 5 dog limit personal kennel permit,you are dealing with a commercial kennel permit. City Attorney Joel Stern stated other provisions under this chapter could be changed in the future. Councilmember Urich recalled she had heard discussions about the animal ordinance since she started attending meetings back in 1994. Vice Mayor Surra recalled the direction to staff on this particular ordinance dealt with the limited areas that Mr.Galloway presented.It did not address,and was not intended to address,making changes in this ordinance regarding the number of animals. These things were to be taken first and then they would target the other areas to be worked on item by item.She commented Mr.Alltop has always come to the public hearings on the animal ordinance and given his opinion,however,there are many others who have not come and the council has not heard from them. Their input needs to be solicited.They will be looking at other items later, but she does not believe there is much support for an infinite number of dogs being on a piece of property.She realizes it has nothing to do with dogs in REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 15 OF 23 numbers,but it does deal with the kind of dog and the kind of owner.That is what creates the problem.Tonight,they are just dealing with the definitions and cleaning up the ordinance. Councilmember Durbala MOVED THAT RESOLUTION NO.98-12,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 ("ARS")SECTION 9-802 A CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS, DATED APRIL 21,1998",BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED THAT ORDINANCE NO.1031 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance my title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1031,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra offered the following amendment:TO CHANGE THE WORDING APPEARING ON PAGE 13,TO CORRECT LINE 9,TO ELIMINATE THE WORD "HIS"BEFORE "APPLICATION",OR TO CORRECT THE GRAMMAR THERE,AND ON PAGE 18,OFFER A CORRECTION IN IMPROPER USE OF THE WORD "OF"IN SECTION 6.6.1,LETTER A,FIRST LINE,"CHARGE OR CUSTODY"RATHER THAN "CHARGE OF CUSTODY". Councilmember Durbala accepted the amendment to his motion. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 16 OF 23 VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1030/AMENDING CHAPTER 4,FEES )Parks & Recreation Director Jeff Bell briefed the council on the item.This ordinance will amend the fee schedule for the Parks & Recreation Department.His staff has completed their study on the fees and is recommending the approval of this ordinance.The addition of new facilities and services has required the update. Councilmember Durbala asked of they would be looking into the potential for fees for out -of -city residents. Parks & Recreation Director Jeff Bell stated they would if council desired. 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.1030 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 Eck MOVED THAT ORDINANCE NO.1030,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1015/SECURITY REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 17 OF 23 ALARM ORDINANCE )Lead Dispatcher Kathy Delaney briefed the council on the item.The police department is requesting this ordinance be approved at this time as Chapter 16. 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 discussion by the council. Councilmember Eck stated he liked the ordinance. Mayor Coleman closed the discussion and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1015 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1015,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Durbala commented during the vote that he had brought this up about two years ago with the police department.He believes it is long overdue,especially with the growth in the community.) The motion carried. PROPOSED RESOLUTION NO.98-05/STREET LIGHT IMPROVEMENT DISTRICT (SLID 9712-2) RENAISSANCE PARK,PROPOSED RESOLUTION NO. 98-06/ORDERING WORK FOR STREET LIGHT IMPROVEMENT DISTRICT (SLID 9712-2) RENAISSANCE PARK REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 18 OF 23 )City Manager Curtis Shook briefed the council on the item.He commented this is the typical agreement to extend special lighting improvement district services.This will be with Canterbury Communities,the owner of Renaissance Park.The first resolution is the resolution of intent,the second is the resolution ordering the work. 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. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-05,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING ITS INTENTION TO CREATE A DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA DESCRIBED AS RENAISSANCE PARK,A SUBDIVISION,AS RECORDED IN CABINET C,SLIDE 024 OF THE PINAL COUNTY RECORDER'S OFFICE,PINAL COUNTY,ARIZONA;ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED ("ARS")§48-616 AND S48-617 AND DECLARING THE PURCHASE OF ELECTRICITY TO BE MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT,AND THAT THE COST OF SAID ELECTRICITY SHALL BE ASSESSED ON THE DISTRICT,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE' CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBEDAS RENAISSANCE PARK,A SUBDIVISION RECORDED IN CABINET C,SLIDE 024,PINAL COUNTY RECORDER,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 19 OF 23 NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF AND PLANNING & ZONING COMMISSION ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE,ARTICLE 18,GUEST RANCH REGULATIONS )Mayor Coleman commented the guest ranch regulations are different from the equine ordinance.He asked for this to be placed on the agenda in order to bring them into agreement. City Clerk Kathleen Connelly stated there is a series of council and planning and zoning actions in the packet. She believes this was just an oversight as this was a rarely used provision. City Attorney Joel Stern stated they need direction as to whether council wants to repeal part of the section under Section 18 in the zoning ordinance. There being no further discussion by council,Mayor Coleman called for a motion. Mayor Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF AND THE PLANNING AND ZONING COMMISSION REGARDING PROPOSED AMENDMENTS TO THE ZONING ORDINANCE,ARTICLE 18,GUEST RANCH REGULATIONS:THAT WE REMOVE THE STIPULATION DEALING WITH NUMBERS WHICH IS IN CONFLICT WITH THE EQUINE ORDINANCE. MOTION. that was Section 18.01.01(B). VOTE:Unanimous. The motion carried. Councilmember Eck SECONDED THE City Attorney Joel Stern asked i f Mayor Coleman answered it was. DIRECTION TO STAFF FOR PREPARING INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY AND APACHE JUNCTION SCHOOL DISTRICT FOR PROJECT HELP FUNDING REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 20 OF 23 )City Attorney Joel Stern briefed the council on the item.Staff needs direction as to whether the city wants to enter into an intergovernmental agreement for funding Project Help and,if so,direction on drafting an appropriate intergovernmental agreement.This is to erect a building to house the volunteer center and the Project Help program.A dollar amount would have to be determined to be included in the agreement. Mayor Coleman opened the item to discussion by council.He asked if the funds would come out of the contingency funds. City Manager Curtis Shook stated that would be his recommendation. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF RELATING TO PROJECT HELP FUNDING:THAT THEY DRAFT AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY AND/OR SCHOOL DISTRICT WITH APPROPRIATE LANGUAGE THAT WOULD INCLUDE THE WAIVING OF PERMITS AND FEES FOR THE CONSTRUCTION,AND TO USE $20,000 FROM OUR CONTINGENCY FUND TO GO TOWARDS THE CONSTRUCTION COSTS OF THAT BUILDING. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY, MAY 4,1998,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND I MOVE THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,TUESDAY,MAY 5, 1998,IN THE CITY CONFERENCE CENTER. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 21 OF 23 INFORMATION AND REPORTS Councilmember Urich announced she would be attending the Child Abuse Conference in Casa Grande on Friday,representing the council and city. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:37 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 7,1998. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Consideration of Appointment to vacancies on Planning and Zoning Commission. 5.Approval and authorization for City Manager to sign right-of-way rental agreement with Arizona State Land Department. ACCEPTED THIS 5TH DAY OF MAY ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF ATTEST: REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 22 OF 23 MAY Mayor ,1998. CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes area 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 21st day of April,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of April,1998. KAIHLELN-COM City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 21,1998 PAGE 23 OF 23