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HomeMy WebLinkAbout1998-11-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 3,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 3,1998,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 Pastor Charlie Fox gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Parks & Recreation Jeff Bell Library Director Pam Loui Community Outreach Coordinator Pat Brenner Long Range Planner Kate Morris Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;WITH THE EXCEPTION OF ITEM NUMBER 6. I WOULD LIKE TO REMOVE ITEM NUMBER 6 FROM THIS AGENDA TO BE PLACED ON A FUTURE AGENDA WHEN THERE IS MORE INFORMATION FOR US REGARDING THE ARCHITECTURAL TEAM THAT WOULD BE CHOSEN TO DO CONCEPTUAL DESIGN AND FINANCING PROGRAMS FOR A REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 1 OF 29 CONFERENCE COMPLEX;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:DEPUTY CITY CLERK JAN MASON; PUBLIC WORKS STREET CREW;PARKS & RECREATION EMPLOYEE JAMES ANDERSON;PARKS SUPERINTENDENT NICK BLAKE;PARKS & RECREATION EMPLOYEE JEFF BLASDALE; RECREATION SUPERINTENDENT BETH COWLES;PARKS SUPERVISOR KEITH GRAVES;PARK ATTENDANT BILL HARRIS;PARKS & RECREATION EMPLOYEE JAKE HAYDUK;RECREATION COORDINATOR LIZ LANGENBACH;RECREATION LEADER JAY REYNOLDS;PARKS & RECREATION EMPLOYEE KENNY RICHTIG;PARKS & RECREATION EMPLOYEE RAUL GUERECA;AND THAT THE AWARD OF BID FOR PR 98-04 PROSPECTOR PARK BALLFIELD FENCING BE AWARDED TO AMERICAN FENCE IN THE AMOUNT OF $13,195.33 PLUS 10% FOR UNFORESEEN CHANGE ORDERS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Jodi Freeman,499 W.17th Avenue,Apache Junction,addressed the council regarding the need for other city improvements to be done before a new city hall should be constructed.She believes stop lights should be placed at Ironwood and Southern,at 16th Avenue and Idaho,and at Highway 88 and Tomahawk due to the heavy vehicle and foot traffic.There have been numerous accidents at all three locations.She would also like to see the roads repaved as they are full of potholes and grooves and they are causing vehicles to go out of alignment. Mrs.Jean Perkins,616 N.Cactus,Apache Junction,addressed the council regarding a dip in the roadway on Superstition just before Cactus.The dip is deep enough to hide a small car,which caused her to be involved in an accident.She requested the city start looking at the dips and possibly put culverts in them to correct the problem.She agreed with Mrs.Jodi Freeman that the intersection at Tomahawk is a bad intersection.She also complimented the professionalism shown by the officers at her accident scene. CITY MANAGER'S REPORT City Manager Curtis Shook announced that the city's 20th anniversary celebration has been scheduled for November 17 at 5:00 p.m.It will begin at Veteran's Park and conclude at the City Conference Center. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 2 OF 29 PROPOSED RESOLUTION NO.98-25/DECLARING AMENDMENTS TO THE CITY CODE REGARDING SEXUALLY ORIENTED BUSINESSES A PUBLIC RECORD )City Attorney Joel Stern briefed the council on the item.He commented the next four items deal with the regulation of sexually oriented businesses in the city.At the last public meeting he had gone through about 25 minutes of supreme court rulings regarding sexually oriented businesses,their regulations and the litigations on the issue.The public hearings for tonight are for public comment. 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 council discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.98-25,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 ("A.R.S")SECTION 9-802 A CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "AMENDMENTS TO CHAPTER 8 OF THE APACHE JUNCTION CITY CODE ADDING A NEW ARTICLE 8-12 RELATING TO THE LICENSING OF SEXUALLY ORIENTED BUSINESS OPERATORS,MANAGERS.EMPLOYEES AND ADULT SERVICES PROVIDERS AND FINDINGS THEREOF"DATED OCTOBER 9,1998,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1058/ADOPTING AMENDMENTS TO THE CITY CODE REGARDING SEXUALLY ORIENTED BUSINESSES BY REFERENCE )City Attorney Joel Stern briefed the council on this item.This ordinance will adopt the public record just passed in the last item.It will put the amendments in place.He recommended opening the item up to public participation. 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 council discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1058 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 3 OF 29 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Durbala MOVED THAT ORDINANCE NO.1058,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.938/REQUIRING FINGERPRINTING OF DESIGNATED LICENSEES FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORDS INFORMATION )City Attorney Joel Stern briefed the council on this item.This ordinance will allow the enforcement of the provisions in Article 8-12 by requiring the fingerprinting of designated licensees.An emergency clause is attached due to the immediacy of the issues. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.938 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 4 OF 29 Councilmember Durbala MOVED THAT ORDINANCE NO.938,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1060/AUTHORIZING CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT WITH STATE ENABLING CITY TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION )City Attorney Joel Stern briefed the council on this item.He commented this ordinance is required by state law in order for the city to obtain criminal history background checks on prospective licensees.The fingerprints must be furnished to the state in order to receive this information,which this ordinance allows the city to do. A user agreement will be received at a later date from the state which will be presented to the council for approval. City Clerk Kathlenn Connelly commented that today's date needs to be added in the blanks of Section I as part of the motion. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1060 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Durbala MOVED THAT ORDINANCE NO.1060,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:SECTION I ,PARAGRAPH ONE,STATE THE DATE OF NOVEMBER REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 5 OF 29 THE 3RD;AND THE SECOND PARAGRAPH,PUT THE DATE OF NOVEMBER THE 3RD,1998,ON THAT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala thanked the two city attorneys,the city clerk and the police department for the work they put into this issue,and the council for passing it unanimously. Mayor Coleman called for a ten minute recess of the meeting. Mayor Coleman reconvened the meeting. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION MOUNTED RANGERS )City Clerk Kathleen Connelly briefed the council on the item.The event is scheduled for November 27-29 at the rodeo arena and event center.Comments from various departments are included in the packet,and the applicant is in attendance for any questions. Mr.Gary Mulholland,710 S. Muleshoe,Apache Junction,addressed the council on behalf of the Apache Junction Mounted Rangers.He is the chairman of the Superstition Mountain Stampede.He stated this is a cooperative effort between three nonprofit organizations who felt the community needed a winter visitor "kick-off"event. The highlight is the three day rodeo which will serve as the state championship finals for the Grand Canyon Pro Rodeo Association and it will be the state finals for the Cowboy Mounted Shooters Association.The former event has a three year contract with them beginning this year.The Pool Partners will handle the parking details and receive all donations.The Apache Junction Jaycees will handle the pop and beer sales and retain a certain percentage of the sales.The 4H Club will handle the tickets and will receive a percentage of the sales.The local high school is selling advance tickets for the carnival with the school retaining 20% of the sales for the student council.They are working with the school district to do assembly programs at the elementary schools geared to promoting the western way of life.Also,on Friday morning they will be having a "special rodeo"for physically/mentally challenged children of the school district.The rodeo contestant finalists will be working hand in hand with these kids with events designed for them to give them the opportunity to be a cowboy for the day. They will be serving beer only during the event.They have met with all of REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 6 OF 29 the city departments to forestall any problems that have occurred in the past with various events at the rodeo grounds.They will be putting barricades along Lost Dutchman,closing certain access gates and putting up blimps to designate the parking areas.Open gates will be manned by uniformed rangers. All people who wish to purchase beer must show their identification at the command center.Anywhere money is being transacted will have a uniformed ranger in attendance. Vice Mayor Surra commented he gave a nice presentation and probably answered most of their questions.She asked if the police department was to provide officers for the event if required - would they be called for specific needs or would they be hired out for the day. Mr.Gary Mulholland stated the rangers would be handling the security details and they hope they would not need to call the police department for assistance.He added they were invited and their presence would be appreciated.Pinal County has stated they would do drive throughs and possibly have officers in attendance based on the availability of the officers in the area.The police department is not expected to do anything beyond what the county is doing.They have been included as event sponsors because of the assistance they may be offering. Vice Mayor Surra stated they would not be paying for contracted assistance. Mr.Gary Mulholland stated they would not. 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 further council discussion. Councilmember Eck asked if it would be possible for the city to have a couple of officers there on city time rather than on a contract.He asked if this type of coverage had happened in the past. Vice Mayor Surra could not recall providing on -site officers for free. Councilmember Eck asked what the comparison would be to Lost Dutchman Days,as several officers work there. Mr.Gary Mulholland stated he has never known of any organization or event that has ever contracted with the police department and paid them anything. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 7 OF 29 Lieutentant Steve Francis of the police department commented the school district contracts with them on a regular basis for dances and football games.Lost Dutchman Days is through the Chamber of Commerce and they have been contracted for that in the past. The retirement association that has their annual event at the dog track hires about ten officers,contracted separately from the police department,plus there is night security that officers are hired for. Councilmember Eck asked if they were paid for by the organization having the event. Lieutenant Steve Francis stated that is not the case in Lost Dutchman Days. Councilmember Dietz asked if the city provides the officers for Lost Dutchman Days. Lieutenant Steve Francis stated that was correct. Councilmember Durbala asked if there is a policy on the books where organizations are required to have police officers,on duty or off duty,for these events. City Attorney Joel Stern stated there is no ordinance requiring additional security for special events. City Clerk Kathleen Connelly stated the difference is that the application provided by the Rangers indicates that there will be city police officers on -site doing enforcement.This has not been the case in other special event liquor licenses filed by other organizations. Councilmember Durbala stated they are only asking them to drive through as they have in other events. City Clerk Kathleen commented that has been the difference between this application and others preceding it. Councilmember Durbala commented he believed it to be a misinterpretation on their part. Vice Mayor Surra asked if they could strike the part about the police department providing available officers on- site from the application. Mr.Gary Mulholland stated it could be stricken.He was just inviting the police department to stop by,but it is REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 8 OF 29 not a requirement.That was just to determine the police department would be called if needed. Vice Mayor Surra commented the way it was worded it appeared that the police department would be a preventitive measure in place prior to a violation. Mr.Gary Mulholland stated he had copied this from a 1996 application that had been previously approved. Vice Mayor Surra asked if that one had been taking place at the same place. Mr.Gary Mulholland stated it had been the Fall Fever event at the same place.I t also had a concert. Vice Mayor Surra stated they are now apparently reading these more thoroughly.She added it appeared the security and control measures would be the Rangers themselves. Mr.Gary Mulholland stated that was correct.They will be assisted by the police and sheriff only as needed. Vice Mayor Surra asked what the time would be for the Special Olympics. council on the hours of each activity. carrying insurance on the event. Mr.Gary Mulholland briefed the Mayor Coleman asked if they were Mr.Gary Mulholland stated the insurance would be general liability issued by the Parks & Recreation Department,with additional liquor liability issued by the same insurance company,and the city is listed as an additional insured. City Attorney Joel Stern asked if he knew the limits of the policy. $1,000,000 per occurrence. and called for a motion. Mr.Gary Mulholland stated it is Mayor Coleman closed the discussion Councilmember Durbala MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY BYRON RUSSELL OF THE APACHE JUNCTION MOUNTED RANGERS FOR SUPERSTITION MOUNTAIN STAMPEDE BE REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 9 OF 29 RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL SUBJECT TO THE FOLLOWING STIPULATIONS:THAT THE APPLICANT CORRECT SECTION 15 OF THE APPLICATION TO SHOW THAT THE CITY OF APACHE JUNCTION POLICE DEPARTMENT WILL NOT BE PROVIDING "AVAILABLE OFFICERS AT SITE"FOR SECURITY AND CONTROL MEASURES AND THAT A LETTER BE SENT BY THE CITY TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL INDICATING THIS COUNCIL STIPULATION. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly asked who the Rangers would be buying the alcohol from. Mr.Gary Mulholland stated the distributer will be Zeb Pearson Company. APPLICATION FOR A LIQUOR LICENSE FOR LAWRENCE:C.GARRETT VFW #7958 )City Clerk Kathleen Connelly briefed the council on this item.This is fora new VFW post being established in ABCO Plaza.The applicants were notified to attend. Mr.George Diehl,the commander of the Post,addressed the council.He commentecLeveryone on the application has taken the ,management class given.by the liquor„department,and all of the bartenders will take the bartenders class.They will comply with all the laws.They will continue to do things:for the=community. 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 for council discussion.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE APPLICATION FOR A NEW LICENSE,CLUB,SERIES 14 LIQUOR LICENSE SUBMITTED BY GEORGE DIEHL FOR LAWRENCE C.GARRETT VFW #7958B1021202 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 10 OF 29 PROPOSED RESOLUTION NO.98-31/CONDITIONAL USE PERMIT MAJOR AMENDMENT REQUEST BY APACHE CREEK GOLF CLUB )Associate Planner Rudy Esquivias briefed the council on this item.Trend Homes is requesting to be allowed to erect a directional sign on the Apache Creek Golf Club property near the intersection of West 36th Avenue and South Ironwood Drive.They had originally requested three signs but have modified it to only one sign.The planning and zoning commission had a 3-3 vote so it was denied.The applicant has appealed to the city council for a decision.The land where they wish to put the sign is actually Arizona Trust Land property being lease by the golf course.The deed restricts improvements to the property without the state's permission.The state has requested they apply for a permit.He added they have gotten permission from the golf course to erect a sign or billboard, however,the sign code does not appear to allow off site signage.There is a provision in the code which states an applicant can apply to erect an off -site sign if it is for the purpose of directing people to a central location such as a tourist bureau or a chamber of commerce where they can get information on the products and services available in the city.This is a directional sign for a subdivision.The applicants claim they have a directional problem as there is access off of only one road.I t is readily visible from the freeway, but they are concerned about the traffic not being able to see the turn off and then backing up Jon the roadway.Staff recommends denial due to the way the code is written.The resolution contains several stipulations recommended by staff.I t is an amendment of the golf course's original conditional use permit,amending condition number three. Councilmember Durbala asked why they could not put the sign on their own property and still have it visible from the freeway. Associate Planner Rudy Esquivias stated they could.They could put up five signs and forty flags,but they decided they needed one at 36th Avenue so people would know where to turn. Councilmember Durbala suggested they could put up a sign on their property with a little map showing them where they are located. Associate Planner Rudy Esquivias commented that was staff's recommendation. Councilmember Durbala added they might want to put an ad in the paper as the other home dealers have done. Associate Planner Rudy Esquivias added that was staff's recommendation,also. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 11 OF 29 Councilmember Eck asked what alternatives they would have if this is denied.He has driven the area and commented you are by it before you notice it.He can see they are going to have a problem and the trailer park south of it will have constant u -turns. Councilmember Durbala commented if they put the big sign on the property it could direct people there. Councilmember Eck stated he was asking Rudy what they could do. Associate Planner Rudy Esquivias stated the sign code would allow a number of signs on the property.The property has about 1/4 mile of frontage on the property,and the sign code allows so many signs per feet of frontage. Councilmember Eck asked if they could put anything up at Ironwood,even temporarily. Associate Planner Rudy Esquivias stated staff interprets the sign code that they cannot.The sign code does not allow off -premises signs,and they believe this would set a precedent. Other subdivisions are not readily visible from a major thoroughfare and they would not want to start a trend. Councilmember Eck commented he would not want to go against the code,but he thinks there could be some minor exceptions.He believes this is one of them as i t is not on an arterial road. Councilmember Urich commented she would hate to set a precedent with this case,which is what she feels would happen here.She asked if they had considered changing the name of the street. Associate Planner Rudy Esquivias stated that was a staff suggestion in the commission hearing report.He did not receive much feedback on that. Councilmember Urich commented i t seemed like an excellent alternative. Associate Planner Rudy Esquivias admitted it might help.He added they are the only development that needs direct access from that street. Councilmember Urich stated she drove by there tonight and realized it would definitely help. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 12 OF 29 Vice Mayor Surra commented she understood from the letters that State Land would be happy to process an application,but they would not necessarily give permission for the sign.She added it would still not be a go ahead even if the council gave them permission,as they still have to go through the state process. Associate Planner Rudy Esquivias stated that was correct. Vice Mayor Surra stated it sounded during the presentation that if the city approved it,it would be automatic with the state,but it is not.She added she does not see a problem with giving them what they asked for in the letter,which is for a single 8"by 10" pole mounted sign at the intersection of Ironwood and 36th Avenue.She does not believe that sign is so bad. Associate Planner Rudy Esquivias commented you see them all over the place on weekends,though they disappear on Mondays. Vice Mayor Surra commented the small sign is really what the request is for,according to their letter.She does not understand why language regarding a larger sign was incorporated into the application. Associate Planner Rudy Esquivias stated he believed that was a typographical error. Mayor Coleman closed the discussion and requested the applicant to address the council. Mr.Steven Earl,3101 N.Central, Phoenix,addressed the council.He complimented staff for a thorough and thoughtful report.He commented he realized they were asking for a very unusual request,but they believe they have a very unusual problem that does not exist anywhere else in town,and it does go to the issue of a precedent. They would be willing to solve the problem in any reasonable way,but they believe this is the best option.They understand the council could very easily say no to this,and with a lot of good reasons.However,they believe it is the best option to say yes.He apologized for his typographical error; it is not an 8"by 10"sign,but a 8'by 10'sign.He commented this is not an advertising problem.They are not asking for a sign,though at first they were and that was correctly perceived,they were asking for three signs -as you get off the freeway,halfway down,and then when you get to the actual turn.They would have been like "Turn's coming up","It's getting closer", and "Now here it is".There was enough information on those signs that you could legitimately say they were asking for off -site advertising signs.That is why they reduced the request to only one sign,and they only need the sign to say "Trend Homes Ironwood Estates,turn here"and have an arrow on the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 13 OF 29 sign.There was other information on the signs in the original request,such as the types of homes and their cost,but they have agreed that none of that information was necessary.Along the frontage of the freeway they are entitled to five signs and forty flags,and if they did so,people would have no problem in saying that is Ironwood Estates.They could even have little maps on them to direct people in.However,they believe that would be cluttered.With all the signs and flags,the people would get the point that that is the subdivision,but they would not get the point of where to turn. Therefore,instead of the five signs along the freeway they only want to put up one sign,and instead of the forty flags they will only put up ten.They want to reduce the clutter on the freeway and still let them know that i t is Ironwood Estates and that the turn that they take is Ironwood,so they know to get off at the next exit.When one is going south on Ironwood,i t is easy to go by the local street without knowing it is there.Two manufactured housing parks are on both sides of 36th Avenue;i t is not a collector or arterial street.I t is very difficult to see even if you are looking for it.They believe that when people get off,go south and see the mobile home subdivisions,they will go right by the small local street.If they have the presence of mind to notice the street,they will be looking a 1/2 mile down through the mobile homes on both sides.Even if they put up a big sign right there,which was another recommendation,they are looking a 1/2 mile away to see that sign,no matter how big they make it.Two or three things can happen -either they will stop quickly on an arterial street,which would be devestating if someone were behind them,or they will try to make a u -turn, which could also be dangerous to do,or they'll go down to Baseline Avenue. If they go down to Baseline,they may think they can get there by making a right hand turn,then go down a ways and find out they cannot.There is only an emergency access in that area,not a public one,for the mobile home parks. They are then at the bridge for the Central Arizona Project.There have been numerous accidents there,which is why they did not create a public access there in the first place,as it would be very dangerous to create an access point that close to those embankments.Therefore,if they are going along Baseline,they will figure out they cannot get in,and they would have to do a u -turn near an embankment to come back.After thinking through all the alternatives,including renaming the street,there would be confusion,as you would have Ironwood Estates running east and west and Ironwood Drive running north and south.I t is still just a street sign of a local street,and it may or may not help people to make that turn.They looked at what they could do, and found if they had one sign for southbound traffic with an arrow saying this is the turn,they believe more people would make that turn safely.They would see that sign with enough time to slow down and make a right hand turn. He stated if council denied this,which they may do,they would have to come up with another alternative to try to solve this;possibly more signs on the freeway or more flags.Staff had pointed out they could come back asking for a variance to make the freeway signs larger,doubling the size.However,they feel all of those things only advertise that i t is the subdivision,they do not help the person make a traffic directional decision on Ironwood,which is why they believe i t is a very unique problem.There may be other subdivisions without immediate access to an arterial road,but none access off a local REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 14 OF 29 street that is 1/2 mile away with no visilibity to the arterial road.They do not believe it will create a precedent as it is so unusual.The council should be able to make that decision here and never have to make the decision again.They understand the predicament,all the issues,they have worked with staff and the planning commission,and though it is difficult,they truly do not know of another way to solve this problem or they would have chosen it. Mayor Coleman stated he believed part of the problem is the street is so long and narrow at that point.With mobile home parks on each side,it looks like another entrance,so you go by it without realizing what it really is.The real concern is whether there is something they can put in the wording of the resolution to indicate that this is not precedence setting,that it will be special circumstances.He asked for the city attorney's opinion. they can add language that says test would be in a court of law. add language that there be only covered by mobile home parks. City Attorney Joel Stern commented it is not precedence setting,however,the He does not know if it would be enforceable. Mayor Coleman asked if they could one public entrance a 1/2 mile long and City Attorney Joel Stern stated they would be doing it on a case by case basis,which is how conditional use permits are handled.He repeated they could always add the language,but he does not know how enforceable it would be when another developer says "Here's exhibit number one",a conditional use permit for Ironwood Estates,how come they cannot have one because they have similar circumstances. Mr.Steven Earl added he is aware of situations like this in other cities where the council,when faced with the problem,have listed findings as to the reasons why they made the decision. This is so that if another developer were to come in and pick up this piece of paper,they wouldn't just read the decision,they would also read the findings.The findings could be (1)this piece of property is buried from visibility from Ironwood by a 1/2 mile,(2)it is accessed by a single local street and that it has no visibility off Baseline Avenue,and (3)we recognize that there are serious opportunities for traffic directional problems which could result in safety and welfare problems of our traveling public.That is the only reason,based on these reasons,that they are willing to concede some special circumstances.He thinks anyone who reads the decision would have to read the findings first and he would have to determine if he meets those same findings before he would be given the opportunity to file a request. Councilmember Dietz asked how many homes will be in the subdivision. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 15 OF 29 Mr.Steven Earl stated there are 210 homes.He added this request is only for two years,i t is not for a permanent sign.They recognize that once the homes are sold,there is no reason for the sign to be there.They are asking for a certain period of time;if it is too long,they could start with eighteen months.If all the homes were not sold, then they would ask for more time.They are not trying to get a sign that stays up for any long period of time. Councilmember Dietz commented it appeared to be a lot of traffic for 36th Avenue when you include the 210 homes plus the two mobile home parks.He asked what the emergency exit is in the back that enters onto Baseline Avenue,and if it could be used as an entrance or exit. Mr.Steven Earl stated it was made clear during the commission hearing that it would be a very dangerous place to put an entrance or exit as i t is so close to the embankments. Councilmember Durbala asked what is the maximum allowable under code for the size of the street signs.This is a sign fronting the street,and they are saying that you cannot read the sign on approach.He asked if the developer would be allowed to make a larger street sign. City Manager Curtis Shook stated there are some signs of considerable length due to the length of the street name and the numbers of letters.He is not aware of any regulation on that. Councilmember Durbala asked if they could make one a few inches taller and wider that could be put there to assist. City Attorney Joel Stern stated the planning department policy is to try to standardize the street sign so that all street signs are the same size. Councilmember Durbala commented i t may be easier to change the street sign there than put a sign up for an outside route.He was trying to suggest another alternative. City Attorney Joel Stern stated another difficulty in approving this conditional use permit is Section 21.35 of the zoning ordinance which does allow for conditional use permits but for certain purposes only "directing people to a central location or limited number of locations where information about the products and services offered in the Apache Junction area may be obtained and displayed.Such information will either be in the form of maps,brochures,menus or similar materials obtained at chamber of commerce or tourist bureau location."It does not really address this issue.If this goes through,and the city is challenged REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 16 OF 29 on it,i t is upheld and another developer forces the city to go ahead with another off -site sign,we would have to amend Section 21.35. Mayor Coleman asked if Apache Creek Golf Course was allowed to sublease the land. City Attorney Joel Stern stated he is not sure if there is another vendor on the property other than the golf course owner. Mr.Steven Earl stated the owner of the golf course,who is the owner of the lease,is willing to sublease to them.They know that is not the question.Even if the council approves this, they still have to go back to the state and get their approval.They recognize their obligation to do that.Even if the council says yes,it may not happen if the state says no.However,so far their indication is that they would go along with whatever the city was willing to do. City Attorney Joel Stern added there is a legal issue regarding proprietary versus governmental functions with these state trust lands.I t is whether they could allow off -site signs to be placed on such land,and if it is a proprietary use or a governmental function of the state.There are some legal issues there. Councilmember Eck commented that is not the city's legal issue. City Attorney Joel Stern stated he would rather go into executive session than go any further with this discussion. Vice Mayor Surra stated Mr. Mulholland mentioned with his item earlier that they would be using a blimp apparatus to show where parking was going to be at their event.She asked i f they had considered doing likewise.Signs and flags would be one thing,but if they floated a little blimp overhead it might help them to find 36th Avenue.It might capture some people's attention and have them look for that street. Mr.Steven Earl stated that is an excellent suggestion,but they did not go in that direction as their sales period will likely last over a year.They did not think the city would want to have a blimp in the air for that long a period.They thought that a 4'X 8'sign by the side of the road would be a much less intensive way of letting people know where this entrance was.They would take it down as soon as the sales were completed.They were trying to find the least obtrusive way of solving this problem.If people have a hard time finding this or stop in the road or make u -turns and get hit,and are looking for some reason to sue someone,they were looking to avoid that by being able to say that they had REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 17 OF 29 provided a clear sign with clear directions far enough in advance to make the turn safely.He reminded them that they clearly recognize all the issued here. Vice Mayor Surra commented the people who live there will have to direct visitors or vendors there once the sign comes down.They will have to depend on their own innate intelligence in order to reach that subdivision.She feels they may be underestimating the people who may be buying the homes. Mr.Steven Earl stated they considered that problem,too.They recognized that if people called Trend Homes they could get verbal instructions that would probably get them there without a lot of trouble.But most people will look in the newspaper,and they will provide diagrams in the newspaper of how to get to the property. However,when people are coming on the freeway and looking,they were afraid that they will have a problem finding it.Once they live there,and they say to a friend to come and see them at their home,they would describe the problem.They will have a hard time finding the homes coming off the Ironwood exit.They will have to slow down because there is a local street about halfway before you get to Baseline.If you go through that kind of analysis, is easy to make the turn.But when you are looking at lots of subdivisions, and you see this on the freeway,you are not as likely to be able to make the reasoned decision unless you have a sign that says this is where you turn. That is their reasoning for the request. Mayor Coleman closed the discussion and opened the public hearing on the item. Mr.Warren Graff,the new manager at Palmas del Sol East,addressed the council.At first he understood there would be three signs across the street,but now he understands there will be only one.He wished to say that his organization has no objection to this whatsoever. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he feels this is an extremely unique situation.Yesterday he was totally against this. He drove down today to look at it one more time,and even though he knew where it was at,he was past it before he realized it.He believes it will be a real problem if they cannot show prospective buyers where this street is located.He does not know of any subdivision that is as unique as this,that has so little access,as this subdivision. Councilmember Urich asked if the council can limit off -premise signs,or just to city businesses,or could REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 18 OF 29 someone from Mesa also ask for a sign on the golf course directing them to wherever,to Meridian or out of Apache Junction. City Attorney Joel Stern commented the code does not really specify as to what organization they can say yes or no to.It covers anyone who applies for a permit,governmental or developer. It does not really say yes to all cities or other governments.There are some legal issues as to whether the zoning ordinance would apply to governmental entities,but then you get into the proprietary versus governmental function legal issues.It would take several hours to outline that. Councilmember Urich stated she was still concerned about setting a precedent. City Attorney Joel Stern commented it would technically not be a legal precedent if this were passed,but i t could be a policy precedent.If it were challenged in court,it could become by reported opinion a legal precedent. Councilmember Urich insisted that i t would be setting a precedence of some sort. City Attorney Joel Stern stated it could be. Mayor Coleman commented he did not think it was the intention of this council to set a precedence in that regard. He asked the city attorney if he would feel comfortable with a list of findings,and if it could be done. City Attorney Joel Stern stated the findings would strengthen the city's ability to say this is based on these facts alone,and the conditional use permit is appropriate.However,i f another developer came in,the developer would use,if he was the attorney on the other side,it to say the city likes to give you outside signs.They have an ordinance that says they will not be given out except for limited circumstances.The circumstances for this conditional use permit is not one of those circumstance listed.This would make it difficult,even if there were certain findings. was approved and another individual of legal advice would they receive. precedence,or fight it and say it i should be talked about in executive REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 19 OF 29 Councilmember Durbala asked if this comes in and wants to do this,what kind Should they go ahead because of legal s not the same. City Attorney Joel Stern stated that session,not in public meeting. Councilmember Durbala suggested going into executive session. Councilmember Eck suggested continuing this to another meeting. Councilmember Durbala MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS THIS SINCE WE CAN'T SEEM TO GET AN ANSWER HERE.The motion died for lack of a second. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING CONDITIONAL USE PERMIT CASE NO.CUP -98- 04,ALLOWING TREND HOMES OF ARIZONA TO ERECT AN OFF -SITE SIGN ON THE APACHE CREEK GOLF CLUB/ARIZONA STATE LAND DEPARTMENT PROPERTY,WHICH WOULD DIRECT TRAFFIC TO FIND HOMES IN THE IRONWOOD ESTATES SUBDIVISION,BE APPROVED SINCE WE FIND MOST UNUSUAL CONDITIONS EXIST IN THE LOCATION OF SAID SUBDIVISION WITHIN OUR CITY LIMITS. Councilmember Dietz SECONDED THE MOTION. VOTE:4-3 (Councilmembers Insalaco,Urich and Durbala voted in opposition.) The motion carried. Mayor Coleman called for a short recess. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1063/ESTABLISHING GUIDELINES AND STANDARDS FOR CITY'S BANNER STANDARDS )Parks and Recreation Director Jeff Bell briefed the council on this item.This ordinance will formalize the guidelines and standards in the community for the placement of banners on the banner standards at the median of Old West Highway and Apache Trail on city property. 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 MOVEDTHAT ORDINANCE NO.1063 BE READ BY TITLE ONLY. WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 20 OF 29 Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Dietz MOVED THAT ORDINANCE NO.1063,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-29/DECLARING PUBLIC LIBRARY POLICIES A PUBLIC RECORD ) )Library Director Pam Loui briefed the council on the item.She commented these are revisions of the library policies,to be adopted by the ordinance and declared a public record by the resolution. Vice Mayor Surra commented she appreciated the document being easy to read,clear,concise and covering just about everything you could want.She commended the director and her staff for the document. Library Director Pam Loui added the Library Board spent about a year working on this.It was a group effort. Councilmember Dietz agreed that i t was very well done. 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 further discussion,he called for a motion. Councilmember Durbala MOVED RESOLUTION NO.98-29,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY OF APACHE JUNCTION PUBLIC LIBRARY POLICIES,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 21 OF 29 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1064/ADOPTING PUBLIC LIBRARY POLICIES )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 Urich MOVED THAT ORDINANCE NO.1064 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1064,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. CASE NO.SD -97-05,FINAL PLAT AND FINAL PLANNED DEVELOPMENT PLAN FOR ARIZONA GRANDE SUBDIVISION )Long Range Planner Kate Morris briefed the council on the item.She stated an additional ramada has been added to the final plat.This was originally approved under the name of Vista Grande.The final plat is in substantial conformance with the preliminary plat.The drainage is in place and off -site improvements are being done by Meridian Manor.The planned development plan needs to be approved as this is REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 22 OF 29 a designated planned development.The developer has representatives in attendance. Councilmember Urich asked why there will be no model home on the site. Long Range Planner Kate Morris stated they would be having a model sales unit within the model homes complex. She would have to defer the rest of the question to the applicant. Mayor Coleman requested the applicant to address the council. Mr.Sean Lake,10 W.Main,Mesa, addressed the council on behalf of Kaufman and Broad.He commented this is a 20 acre subdivision located on Southern at Delaware for which they are requesting final plat approval.The open space has been modified to make the turf and tot lot areas more ADA accessible.Staff has recommended approval. There are 96 lots proposed.They have increased the average lot size while still keeping the minimum lot size the same.They intend to apply for a permit for a real estate sales office to be built in conjunction with the model homes.There will be 3 model homes built in the project. Mayor Coleman asked why they are proposing to erect a sales office instead of using a temporary modular unit until a model home was available for the office. Mr.Sean Lake stated the developer believes this works better.The traditional garage does not give prospective buyers any privacy,it does not have large seating areas or restrooms or ADA accessible areas,so Kaufman and Broad puts a modular sales office that looks like a single family home next to the models.I t is ADA accessible,there are no steps,they have play areas for the children.It will be an 1100 sq.ft. sales office set in the ground to sell homes from.Once the subdivision is sold out,the office will be lifted off and taken to another location,leaving the lot for a home to be built.They have found that people do not like to buy a home out of a garage. Councilmember Dietz asked if the tiles would be the same on the sales office as those on the models. Mr.Sean Lake showed them graphics of the sales office.It will look like a house. Councilmember Dietz asked if all 24 styles of homes will be offered at this subdivision. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 23 OF 29 Mr.Sean Lake stated that was correct.Kaufman and Broad always make it a point of having a large amount of homes. Councilmember Insalaco stated he liked the idea of the sales office.He has seen the one on Signal Butte and he agrees with the concept. City Attorney Joel Stern reminded the council that this is a final plat request.The issue is whether the final plat complies with the preliminary plat.The retail sales office issue requires a temporary and revocable permit.The permit must be issued before the sales office goes up. Councilmember Urich stated the 3' meandering walkway does not meet ADA requirements. meandering sidewalk between units. correct. what is required,but they will does not meet ADA standards,as Mr.Sean Lake asked if she meant the Councilmember Urich stated that was Mr.Sean Lake stated he is not sure do whatever the city requires there. Councilmember Urich commented i t some wheelchairs are that wide. Mr.Sean Lake stated they would do whatever they would have to in order to bring it into ADA compliance. Councilmembers Durbala and Insalaco commented they had no problem with it. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT AND FINAL PLANNED DEVELOPMENT PLAN FOR ARIZONA GRANDE SUBDIVISION,CASE NO.SD -97-05,BY KAUFMAN AND BROAD,PHOENIX,ARIZONA,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 24 OF 29 The motion carried. NEW BUSINESS. CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR THE PROVISION OF HUMAN SERVICES TO CITY RESIDENTS THROUGH PROJECT HELP )City Attorney Joel Stern briefed the council on this item.A final document will be provided once the draft in the packet has been approved. Ms.Sandie Smith,the county supervisor,addressed the council to answer any questions.She thanked the staff for their time and effort and the cooperation of the city on the project. Mayor Coleman closed the discussion with there being no questions.He then called for a motion. Councilmember Durbala MOVED THAT THE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY IN THE AMOUNT OF $20,000 FOR THE PROVISION OF HUMAN SERVICES TO CITY RESIDENTS THROUGH PROJECT HELP BE APPROVED AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION POSSIBLE CLOSURE OF ACCESS TO SILLY MOUNTAIN FOR PURPOSES OF PUBLIC SAFETY AND DESERT PRESERVATION )Councilmember Insalaco briefed the council on the item.He would like to see this taken care of.The road is illegal and is a detriment to the city.I t is trashed and the ground all chewed up.There are a lot of people who like to walk and hike it,but i t is not a nice place anymore.He would like to see staff get together with the county and state to see how the road can be closed at the very part of where you start climbing.He suggested putting boulders up. Mayor Coleman opened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 25 OF 29 Councilmember Eck stated he agreed with Councilmember Insalaco.He commented he has been going up there for 15 years.He enjoys four -wheeling but there is getting to be less areas they can go to as more areas are being fenced off.I t is forcing people to stay on paved roads.He is a responsible person,but not everyone is responsible enough. Mayor Coleman stated he could see his point, :and suggested they look for an alternative to:give people a place to ride.With the development coming east,more land is:being taken.He then closed the discussion -and called for a motion. Councilmember Insalaco MOVED THAT THE,FOLLOWINGDIRECTIMBE GIVEN TO STAFF REGARDING:POSSIBLECLOSURE OF ACCESS TO SILLY MOUNTAIN FOR PURPOSES OF PUBLIC SAFETYANMESERT PRESERVATION:FOR STAFF TO GET IN TOUCH WITH THE COUNTY OR WHATEVER ELSE TO GET THIS TAKEN CARE OF. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AGENDA,FORMAT,DATE/TIME/LOCATION FOR COUNCIL/STAFF RETREAT )City Manager Curtis Shook briefed the council on this item.He commented it appeared to be council's intention to have this sometime in January on a•Saturday.The format suggested by the vice mayor regarding perspectives and having a group exercise allowing latitude to discuss a variety of issues appear to be the preferred format for the agenda.They will need to advertise it as an open meeting.I t is council's choice as to the date.He has called PSA to see when they might be free. Councilmember Dietz asked if it would be better to wait to see when PSA is available. City Manager Curtis Shook suggested setting a tentative date at this time. Councilmember Durbala commented he would like it to remain in the city and suggested the Grand Hotel. Councilmember Eck asked how long it would be before they have to post the agenda,and how long do they have to solve the agenda issues. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 26 OF 29 City Clerk Kathleen Connelly stated the meeting and agenda need to be posted at least 24 hours in advance. City Manager Curtis Shook commented the Saturday dates in January are the 9th,16th,23rd and 30th. City Clerk Kathleen Connelly suggested saying the first available Saturday in January. Councilmember Insalaco stated he would be in the middle of inventory,which must be done as soon as possible, on the 9th.Anytime after the 9th would be fine with his schedule. City Manager Curtis Shook suggested tentatively planning i t for the 16th. Mayor Coleman asked if there was anything else they needed to know. City Manager Curtis Shook asked if it could be left that the staff would find an appropriate place for the retreat. Councilmembers Durbala,Dietz and Urich commented it needed to be within the city limits. Mayor Coleman stated he would like i t in the city limits but at a place where they will be comfortable and where distractions are kept to a minimum.The council needs to be committed to no distractions.He then closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE AGENDA,FORMAT, DATE/TIME/LOCATION FOR COUNCIL/STAFF RETREAT:AS PER DISCUSSION LAST NIGHT, THAT THE MEETING WILL TAKE SOME PLACE FIRST AVAILABLE WEEKEND ON SATURDAY, JANUARY THE 16TH,JANUARY THE 23RD,OR JANUARY THE 30TH,DEPENDING ON CONTRACT,AND I ALSO LIKE TO SEE THAT THE LOCATION BE STAYED IN THE CITY OF APACHE JUNCTION. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 27 OF 29 Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 16,1998,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 17, 1998,IN THE CITY CONFERENCE CENTER. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala reminded the council that the Police Memorial dedication will be on November 9th at 7:00 p.m.in front of the police department.He also congratulated the mayor on his daughter making it to the state finals in track. Mayor Coleman commented she had made it last year as a junior when they took 15 finalists.He believed it was harder for her this year as she is a senior and they cut the field of finalists to ten,plus she had the pressure of being expected to make the finals. Mayor Coleman announced the council had attended the Arizona League of Cities and Towns Conference and found it very informative.He appreciated staff for putting together the booth for them.He commended all of those who attended and participated. Councilmember Insalaco added it was very informative and he was grateful he lived in Apache Junction as Lake Havasu has 45,000 full-time residents and 20,000 winter residents and it is totally on septic tanks.It will be a problem for them in the future. ADJOURNMENT meeting at 9:30 p.m. Consent Agenda Items are as 1.Acceptance of Agenda. 2.Acceptance of Minutes 3.Acceptance of Minutes REGULAR MEETING OF THE CITY NOVEMBER 3,1998 PAGE 28 OF 29 )Mayor Coleman adjourned the follows: of Regular Meeting of October 6,1998. of Special Meeting of October 19,1998. COUNCIL 4.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Jan Mason;Public Works Street Crew;Parks and Rec employees James Anderson,Nick Blake,Jeff Blasdale, Beth Cowles,Keith Graves,Raul Guereca,Bill Harris,Jake Hayduk,Liz Langenbach,Jay Reynolds,Kenny Richtig. 5.Approval of Award of Bid for Pr -98-04,"Prospector Park Ballfield Fencing"to lowest qualified bidder for installation of fencing on northeast and southeast ballfields at Prospector Park. 6.Approval and authorization to enter into an agreement with the architectural team of The Benham Group and Powers Bowersox Associates for a conceptual design and financing program for a city hall/conference complex and authorization for City Manager to execute the agreement. ACCEPTED THIS 17TH DAY OF NOVEMBER ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF NOVEMBER ,1998. ATTEST: City Clerk DOUGLAS COLEMAN Mayor 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 3rd day of November,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of November,1998. City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3,1998 PAGE 29 OF 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORIGINAL CITY OF APACHE JUNCTION CITY COUNCIL MEETING November 3, 1998 7:00 p.m. Present:Douglas Coleman, Mayor Anne Surra, Vice Mayor Curtis Shook, City Manager Rick Dietz, Council Member R.E. Eck, Jr., Council Member Carol Urich, Council Member John Insalaco, Council Member Joe Durbala, Council Member Joel Stern, City Attorney Kathleen Connelly, City Clerk Charles Fox, Pastor Jody Freeman, Resident Jean Perkins, Resident Proceedings recorded by electronic sound recording, transcript produced by transcription service. AIVv TRONICS Professional Court Reporting Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 November 3, 1998 MAYOR COLEMAN:We'll call to order the regular meeting of the Apache Junction City Council.Our invocation will be led this evening by Pastor Charlie Fox of John Calvin Church, after which we've asked Council Member Dietz to lead us in the Pledge of Allegiance. PASTOR FOX:Let us pray.Our God, we thank you for people who are willing to take of their time and dedicated to public service.You know how easy it is to criticize, complain, and condemn, particularly when we direct those things against those in leadership positions.You also know how difficult it is to lead when people are doing that. Thank you for people who are willing to take that risk and to stand up to that, and still bear the responsibility of being responsible leaders of our community. Give them your wisdom and your insight.Help them to make wise decisions, decisions that are in keeping with your will. And give us the grace to support them in all ways.We pray in your name.Amen. MR. DIETZ:I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. MAYOR COLEMAN:Thank you, Pastor Fox. Roll call. AIV. TRONICS Professional Court Reporting Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Present. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Here. MS. CONNELLY:Council member Dietz. MR. DIETZ:Here. MS. CONNELLY:Council member Durbala. MR. DURBALA:Present. MS. CONNELLY:Council member Urich. MS. URICH:Here. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Here. MS. CONNELLY:Council member Eck. MR. ECK:Here. MS. CONNELLY:All members present, Your Honor. MAYOR COLEMAN:Thank you.I'll call for a motion on the consent agenda. VICE MAYOR SURRA:Your Honor. MAYOR COLEMAN:Vice Mayor Surra. VICE MAYOR SURRA:I would like to move that the consent agenda be accepted as present, with the exception of Item number six.I would like to remove Item number six from this agenda to be placed on a future agenda when there is more information for us regarding the architectural team that would be chosen to do conceptual design and financing program AIVv TROMCS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 for a conference complex. And that we recognize the outstanding service to the community by the following city employees: Deputy City Clerk Jan Mason, Public Works Street Crew, Parks and Recreation employee James Anderson, Parks Superintendent Nick Blake, Parks and Recreation employee Jeff Blasdale, Recreation Superintendent Beth Cowles, Parks Supervisor Keith Graves, Park attendant Bill Harris, Parks and Recreation employee Jake Hayduk, Recreation coordinator Liz Langenbach, Recreation leader Jay Reynolds, Parks and Recreation employee Kenny Richtig, Parks and Recreation employee Raul Guereca. Do we have any other Parks and Rec employees period?That's a real kudo for Parks and Rec. And that the award of bid for PR -98-04, Prospector Park Ballfield Fencing, be awarded to American Fence in the amount of $13,195.33, plus a 10 percent for -- override for unforeseen change orders. MAYOR COLEMAN:Is there a second? MS. URICH:Second, Your Honor. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Council member Urich. MS. URICH:Yes. AIVv TRONICS Professional Court Reporting Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. MAYOR COLEMAN:Thank you. We'll move on to our call to the public.This is the time set aside at each of our council meetings for the public to address the council.If you wish to speak, you must fill out a request to speak form.You may fill one out now and hand it to the city clerk.And those forms are located in the rack by the door as you come in. When you -- when called upon to speak, please come forward to the podium and state your name and address for the record.If there is a group speaking on the same subject, please choose a spokesperson.Each speaker will be allowed five minutes to speak.And please address all remarks to the Chair and observe all rules of courtesy.The Council welcomes all of your comments and suggestions. AIVY TRONICS Professional Court Reporting Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 Due to the open meeting law requirements, the Council will not be able to answer your questions or discuss your comments at this time.However, follow-up by council through the staff will be provided at the earliest possible time. I have received two request to speak forms, the first one from Jody Freeman. MS.FREEMAN:My name is Jody Freeman and my address is 499 West 17th Avenue. The reason I came to the meeting today is because of this article on the front page of today's Independent, which says that the Council may vote -- the heading is, "Council may vote for a $25,000 study of new city hall center." Now in this article it says, and I quote, "If you look at the list of people at these meetings, it's the same group of people.It's a very small minority of people." So I wanted to clarify the fact that I have never been to a City Council meeting before.So I am not part of the usual list.But because of this article, my husband and I decided we would come today and express our opinion as residents of Apache Junction. I don't know if Apache Junction needs a new city hall.Maybe it does, maybe it doesn't.But I think that it needs several other things far more than it needs a new city Alltv TRONICS Professional Court Reporting 8 Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 hall.Four things in particular. I think it needs -- we think it needs stoplights at three major intersections in this town, the first and most obvious being at Ironwood and Southern by the high school. This has been discussed repeatedly through the Apache Junction Independent through the Speak Out section. Parents call in all the time and express their concern, because there is now a gas station there.The children have to cross -- hundreds of children cross that intersection every day.It's incredibly unsafe the way it is.And it desperately should have had a stoplight there years ago when they put the high school there, and it's unreasonable that it's gone on unattended this long. We also feel that there should be a stoplight at 16th and Idaho.There have been numerous accidents that have resulted in deaths at 16th and Idaho, and it's out of -- completely out of control at this point. There also needs to be another one at Highway 88 and Tomahawk.Phillys is right there.Unfortunately people go in there, they consume too much alcohol.There are many, many accidents at that area.There's not -- I mean it's a passway through.There's not even a four-way stop there, stop sign, because people are coming from the lake, people leave the bar.There's numerous, numerous accidents at that location too. Altly TRONICS Professional Cowl Reporting Transcription Phoenix. Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 All three of these locations desperately need stoplights far more than this town needs a city hall. The other concern we have is that the roads need to be repaved in this town.If you all live in this town, you have to be driving over the same roads we're driving over. They're full of potholes, divots, grooves, and everything else under the sun.They need to be repaved. I don't know about you, but I have two new vehicles sitting in my driveway and I'm paying $500 a month on each one of them.I don't want my vehicles out of alignment every single month from hitting all of the grooves and divots and potholes in this town. These roads need to be repaved, and that's far more important to me than building a new city hall.Maybe we do need one, but I think that these other issues are a far greater concern at this point.People's lives are at stake here.Many, many people have died at these intersections. I'm tired of my new cars constantly being out of alignment because of the disrepair of the roads in this town. That's all I wanted to say.Thank you for your time. MAYOR COLEMAN:Thank you very much. Jean Perkins. MS. PERKINS:Jean Perkins, 616 North Cactus, Apache Junction. AlVv TRONICS Professional Court Reporting &Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 Mayor, Council members, this is your night to hear about our streets, because that's what I'm up here for too. On Sunday -- I just got a car, just got -- my children made me get rid of that old van and I got a small car.And I got it Friday. Sunday I was so tired that I asked my grandson to drive me to the store.And we came out on Superstition and Cactus there, and there's a dip just before you get to Cactus.And there was a small convertible in that dip.He was not aware of the danger.I told him to be careful of this corner.And he started out and she -- he hit -- well, she hit him really, but he was at fault because he didn't yield right-of-way. And I think we're getting smaller and smaller cars and -- now, and I think our city needs to start looking at these dips.And they're all over town on most of the streets.And I would like to ask you to start looking at them, maybe get some culverts in there and what you've done with other streets. These were all done, I'm sure, by the county before we became a city.Maybe we've paid them since.But the other streets that our city's done, they've straightened all those problems out with putting culverts in.But I think you need to go back and look at those. And as this lady said, Tomahawk is a bad AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 intersection.Just recently there was a bad accident down there and there's still glass in the street, which should have been swept up, I think, by a street sweeper or something.But that's all.No more complaints. I would like to add too how professional the police officers were.I was very proud of them and pleased with them.As I told you, my grandson was driving my car.And the lady that the accident occurred with, her husband came up later and he came over to my grandson.This is a 23 -year -old young man.But the fellow came over to him and says, "Do you have insurance?" and he said, "No."And the man started berating him for not having insurance. And the police officer stepped up to him and he said, "You already have all the pertinent information.This car is insured," and just politely guided him away where it was.I felt sorry for my grandson because he was upset over wrecking grandma's car, but no damage fortunately was done to mine except a little scratch on it.So -- but this is something we need to -- our city needs to look at and start addressing, are these dips around town.Thank you. MAYOR COLEMAN:Thank you. MS. PERKINS:And I'm going to leave you, because I've been at the polls all day and I'm exhausted.Good night. MAYOR COLEMAN:Okay.Thank you, Jean. AlVv TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 Okay.We'll move on to Item G on the agenda, the City Manager's Report. MR. SHOOK:Have nothing this evening, Your Honor. MAYOR COLEMAN:Did you want to read the little blurb on there. MR. SHOOK:Okay.I guess I missed announcing that the City of Apache Junction's 20th anniversary celebration has been scheduled now finally for November 17, 1998 at 5 p.m., beginning at the Veteran's Park and concluding at the City Conference Center here in this building.And unfortunately, I did receive a letter today that the Governor -- VICE MAYOR SURRA:Conference Center? MR. SHOOK:At the Conference Center, yes. FEMALE VOICE:Not this building, this campus. MR. SHOOK:I did receive a letter today that the Governor would not be able to join us. VICE MAYOR SURRA:Maybe we should have had it before the election. MR. SHOOK:Yeah, really. MAYOR COLEMAN:Okay.We'll move on to the public hearings, under letter H.Item 7.a., Proposed Resolution Number 98-25, declaring amendments to the City Code regarding sexually -oriented businesses, a public record. And I'll call upon our City Attorney, Mr. Stern. AIVv TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 MR. STERN:Thank you, Mr. Mayor, members of City Council. The next four items, including this one, are public hearings regarding sexually oriented businesses, regulation thereof.Because it's been since September 15th that the first public hearing on the - on this matter was -- MAYOR COLEMAN:Joel, is your mike off? MR. STERN:I'm sorry.Is it working now? FEMALE VOICE:You just need to speak into it. COURT RECORDER:Can you pull that one around? MALE VOICE:Speak into it. COURT RECORDER:That's good.Just like that. MR. STERN:Okay.I -- because it's been about a month or so, I thought about going over those cases that I went over the first time.Would there be an objection? Wow, there's silence.I'm just kidding.I don't think I'm going to put you through that again. MALE VOICE:I was about to -- MALE VOICE:You better not -- FEMALE VOICE:It's called shock. MALE VOICE:I didn't want to be the bad guy.I -- MALE VOICE:Man, I was about to throw a rock. MR. STERN:Actually just to remind you, I went through about 25 minutes' worth of supreme court case rulings regarding sexually oriented businesses and regulations, and AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 the litigation that has revolved around the issues that are brought up when that kind of regulation occurs when a city puts it through. Essentially, the public hearings for tonight are for any public comments.And that's what the intent was and that's why we continued it.So unless there's any questions on the -- on this particular document entitled "Amendments to Chapter 8 of the Apache Junction City Code," you know, I'm open for any questions.Otherwise I recommend that you open the public hearing up for public participation. MAYOR COLEMAN:Okay.Are there any questions for Mr. Stern at this point? This is a public hearing and we'll open it up to the public at this time.Is there anyone who would like to address the Council on Item Number 7.a. on the Council agenda? Hearing none then, we'll go ahead and close the public hearing. Is there any further discussion or questions from members of Council? Hearing none, I'll call for a motion. MR. DURBALA:Your Honor. MAYOR COLEMAN:Councilman Durbala. MR. DURBALA:I'm very happy to make this motion tonight, even though it took two and a half years to finally AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 get it here. I move that Resolution Number 98-25, a Resolution of the Mayor and the City Council, 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 "Amendments to Chapter 8 of the Apache Junction Code," and adding a new Article 8-12 relating to the licensing of sexually oriented business operators, managers, employees and adult service providers and findings thereof, dated October 9, 1998, be approved. MR. DIETZ:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. MAYOR COLEMAN:Thank you. We'll move on to Item 7.b., Proposed Ordinance Number 1058, adopting amendments to the City Code regarding sexually oriented businesses by reference. And again, I'll call upon Mr. Stern. MR. STERN:Thank you, Mr. Mayor, members of City Council. What this ordinance does, essentially it adopts by reference the public record which you all just voted as being a public record.And we need the ordinance that puts in place the amendments. So once again, I'd recommend at this point, if there's no questions for me, that based on your findings from adopting the previous article, if there's no questions, I'd recommend that you open it up for public participation. MAYOR COLEMAN:Are there any questions from members of the Council? Okay.This is a public hearing and we'll open it up to the public at this time.Is there anyone who would like to address the Council on Item 7.b. on the agenda? Hearing none, we'll close the public hearing. Any further comments or discussion or questions TRONICS Professional Court Reporting & Transcription Phoenix. Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 from members of the Council? Hearing none, I'll call for a motion. MR. DURBALA:Your Honor. THE COURT:Council member Durbala. MR. DURBALA:I move that Ordinance Number 1058 be read by title only, with the emergency clause and the reading of the entire ordinance be waived. MALE VOICE:Second, Your Honor. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. Ordinance Number 1058, an ordinance of the Mayor AVv TRONICS Professional Court Reporting 8,Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 and City Council of the City of Apache Junction, Arizona, adopting by reference that certain document entitled "Amendments to Chapter 8 of the Apache Junction City Code" adding a new Article 8-12 relating to the licensing of sexually -oriented business operators, managers, employees and adult services providers, and findings thereof, dated August 31, 1988, pursuant to Arizona Revised Statutes annotated, ARS Section 9-802, repealing any conflicting provisions, providing for severability and penalty, adding an emergency clause. MAYOR COLEMAN:And now the main motion. MR. DURBALA:I move, Your Honor. MAYOR COLEMAN:Councilman Durbala. MR. DURBALA:I move that Ordinance Number 1058 as read by the City Clerk be approved and adopted. MAYOR COLEMAN:Is there a second? MR. DIETZ:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Eck. AIVv TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 MR. ECK:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. MAYOR COLEMAN:Thank you. We'll move on to Item Number 8, Proposed Ordinance Number 938, requiring fingerprinting of designated licensees for the purpose of obtaining criminal history records information. And again, I'll call upon Mr. Stern. MR. STERN:Thank you, Mr. Mayor, members of City Council. In accordance with new Article 8-12, in order to enforce those provisions, the City needs an ordinance that allows for fingerprinting of designated licensees under new Article 8-12.We have talked about this before.We did in the previous public hearing on September 15th.And if there's any questions at this time. There's also an emergency clause attached because of the immediacy of the issues.So if there's any questions, feel free to ask. All/v TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 MAYOR COLEMAN:Are there any questions from members from of the Council of the City Attorney at this time? Okay.Hearing none, this is a public hearing and we'll open it up to the public.Is there anyone who would like to address the Council on Item Number 8 on the agenda? Hearing none, we'll close the public hearing. Any further discussion from members of the Council? Hearing none, I'll call for a motion. MR. DURBALA:Your Honor. THE COURT:Councilman Durbala. MR. DURBALA:I move that Ordinance Number 938 be read by title only, with the emergency clause and the reading of the entire ordinance be waived. MAYOR COLEMAN:Is there a second? MALE VOICE:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Council member Dietz.. MR. DIETZ:Yes. AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. Ordinance Number 938, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, requiring fingerprinting of designated licensees for the purpose of obtaining criminal history record information from the Arizona Department of Public Safety and the Federal Bureau of Investigation, and repealing any conflicting provisions, providing for severability, and declaring an emergency. MAYOR COLEMAN:Now the main motion. MR. DURBALA:Your Honor. MAYOR COLEMAN:Councilman Durbala. MR. DURBALA:I move that Ordinance Number 938 as read by the City Clerk be approved and adopted. MAYOR COLEMAN:Is there a second? MR. DIETZ:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. AlVv TRON1CS Professional Court Reporting Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Insalaco. . MR. INSALACO:Yes. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. MAYOR COLEMAN:Thank you. We'll move on to Item Number 9, Proposed Ordinance Number 1060, authorizing City to enter into intergovernmental agreement with the State enabling City to receive criminal history record information. And again, we'll call upon our City Attorney. MR. STERN:Thank you, Mr. Mayor, members of City Council. This ordinance is required under state law in order for us to obtain criminal history background checks on prospective licensees under Article -- under new Article 8-12.In order to get the information from state and federal All/v TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 data banks we need to furnish the fingerprints of each licensee.And this ordinance allows for the City to do that. Once this is passed, at a later date when we get a user agreement from Department of Public Safety of the State of Arizona, we will bring it back to you for consent approval, for execution by the City Manager. If there is any questions, I'd be free to answer any at this time. MAYOR COLEMAN:Any questions from members of the Council? MS. CONNELLY:In making the motion on this, whoever makes the motion for adoption needs to include the dates. MR. DURBALA:I'm sorry, Kathy.Please repeat. MS. CONNELLY:The dates need to be included in Section 1.That would be -- MR. DURBALA:The whole Section 1, or just a paragraph? MS. CONNELLY:Yes.In Section 1 there are two blanks in there where you need to add dates. MALE VOICE:Today's. MAYOR COLEMAN:Today's date. MS. CONNELLY:And it will be today's date. MR. DURBALA:Today's date. MAYOR COLEMAN:Okay.This is a public hearing and AIVv TRONICS Professional Court Reporting & Transcription Phoenix. Arizona 1 ,2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 we'll open it up to the public at this time.Is there anyone who would like to address the Council on Item 9 on the agenda? Hearing none, we'll close the public hearing. Is there any further comments or questions from members of the Council? Hearing none, I'll call for a motion. MR. DURBALA:Your Honor. MAYOR COLEMAN:Councilman Durbala. MR. DURBALA:I move that Ordinance Number 1060 be read by title only, and with the emergency clause and the reading of the entire ordinance be waived. MAYOR COLEMAN:Is there a second? MR. DIETZ:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 MS. CONNELLY:Vice Mayor Surra. VICE MAYOR SURRA:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. Ordinance Number 1060, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing execution of a user agreement with the Arizona Department of Public Safety for the exchange of criminal history information for current and prospective licensees pursuant to Chapter 8-12 of the Apache Junction City Code regulating sexually oriented business operators, managers, employees and adult services providers, repealing any conflicting provisions, providing for severability, and an emergency clause. MAYOR COLEMAN:Thank you. And now the main motion. MR. DURBALA:Your Honor. MAYOR COLEMAN:Councilman Durbala. MR. DURBALA:I move that Ordinance Number 1060 as read by the City Clerk be approved and adopted with the following amendments: Section 1, paragraph 1, to state the date of November the 3rd on that.And second paragraph, to put the date of November the 3rd, 1998 on that. AIV. TROMCS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 MR. DIETZ:Second. MAYOR COLEMAN:Moved and seconded.Roll call. MS. CONNELLY:Council member Urich. MS. URICH:Yes. MS. CONNELLY:Council member Insalaco. MR. INSALACO:Yes. MS. CONNELLY:Council member Eck. MR. ECK:Yes. MS. CONNELLY:Vice Mayor Surra. , VICE MAYOR SURRA:Yes, MS .. CONNELLY:Council .member Durbala. MR. DURBALA:Yes. MS. CONNELLY:Council member Dietz. MR. DIETZ:Yes. MS. CONNELLY:Mayor Coleman. MAYOR COLEMAN:Yes. MS. CONNELLY:Unanimous, Your Honor. MAYOR COLEMAN:Thank you. MR. DURBALA:Your Honor. MAYOR COLEMAN:We're going to go ahead and -- MR. DURBALA:Your Honor, before you have to take a break I'd like to ask say something on this. MAYOR COLEMAN:Certainly. MR. DURBALA:I would like to thank the two city attorneys that worked on this for the last two and a half Alltv TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 years to finally bring this thing to a close, as well as the City Clerk and the police department for their information, and thanking the Council for passing this unanimously. MAYOR COLEMAN:Okay.We will go ahead and take a 10 -minute break at this point. (Proceedings Concluded at 7:30 p.m.) AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 STATE OF ARIZONA County of Maricopa ) BE IT KNOWN that the foregoing city council meeting was recorded by me; that the statements, questions and answers were recorded by electronic sound recording and thereafter transcribed into typewriting under my direction; and that the foregoing pages are a fully, true and accurate transcript of all proceedings in connection with this city council meeting. I FURTHER CERTIFY that I am in no way related to nor employed by any of the parties hereto, nor am I in any way interested in the outcome hereof. DATED at Phoenix, Arizona,this/ijit day of 71414WA.Agoot,1998 . Heidi M. Eveld My commission expires: November 21, 2000 OFFICIAL SEAL - HEIDI M. EVELD NOTARY PUBLIC -ARIZONA MARICOPACOUNTY My Comm. &Ores Nov. 21,2000 AIV. TRONICS Professional Court Reporting & Transcription Phoenix, Arizona