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HomeMy WebLinkAbout1997-07-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 15,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 15,1997,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Surra called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Urich led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember McClain Councilmember Durbala Staff Present: Others Present: (Mayor Coleman was absent.) City Manager Curtis Shook City Clerk Kathleen Connelly Interim City Attorney William Farrell Public Safety Director Robert Galloway Parks & Recreation Director Jeff Bell Library Director Pam Loui Finance Director Keith Lewis Public Works Director Doug Dobson Development Service Director Larry Harmer Eng.Admin.Assistant Theryn Hansen Long Range Planner Kate Morris Library Assistant Director Spencer Paden ACCEPTANCE OF CONSENT AGENDA ) REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 1 OF 23 )Councilmember Urich MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:PARKS & RECREATION DEPARTMENT DIRECTOR JEFF BELL,ANIMAL CONTROL OFFICER TOM AULIK, CITY CLERK KATHY CONNELLY;AND THAT THE "FOOD FOR FINES" CAMPAIGN FOR THE CITY LIBRARY DURING THE MONTH OF AUGUST BE APPROVED;AND THAT THE ANNUAL REPORT OF THE LIBRARY BOARD OF TRUSTEES BE ACCEPTED;AND THAT THE BID FOR VOICE AND DATA CABLING FOR CITY ATTORNEY OFFICE/CONFERENCE CENTER BE AWARDED TO GRUBER INDUSTRIES,INC.FOR THE BASE BID FOR $8,707.93 PLUS TAXES AND OPTION B FOR $5,270.35 PLUS TAXES,AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE NECESSARY AGREEMENTS. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Durbala excepted the minutes due to his not being in attendance for the July 1 meeting.) The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms Mary Warga,2905 W.Foothill St.,addressed the council regarding her inability to receive public information from the water district.She had been requesting information from the district for three weeks and has now been told they have lost her request.She requested the city to investigate their policies and procedures on the release of public information. Mr.Scott Warga,2905 W.Foothill St.,addressed the council regarding the expansion of the landfill.He urged a meeting between the planning & zoning commission,councilmembers and staff regarding the expansion to answer any questions the public might have before any action is taken. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR K MART )City Clerk Kathy Connelly briefed the council on this item.They will be adding and expanding services in the local K Mart.She stated approval has been received from the department of REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 2 OF 23 public safety,planning and the fire district.The applicant and/or representative has been asked to be present to answer any questions. Vice Mayor Surra asked if the applicant was present and if he wanted to speak.Mr.Mark Goetz,manager of K Mart,declined to speak.Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and opened the item to discussion by council. Councilmember Durbala asked if the liquor would be far enough away from the doors to discourage minors from shoplifting the liquor. Mr.Mark Goetz,the manager of the Apache Junction K Mart,stated it would be far enough away.He showed council a copy of the blueprint designating where the liquor would be stored. Councilmember Durbala MOVED THAT THE APPLICATION FOR A NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY JEFFERY A.BICK FOR K MART BE RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR WALGREEN DRUG STORE )City Clerk Kathy Connelly briefed the council on the item.This is for the new Walgreen being constructed at Idaho Rd.and Apache Trail.Due to the type of license,it had to be obtained from a previous owner,which is why this is a person and location transfer. It has received approval from the city departments and the fire district.The applicant has been notified and asked to be present. Vice Mayor Surra asked if the applicant wished to speak.There was no applicant present for Walgreen.She opened the public hearing on the item.There being no one wishing to speak, she closed the public hearing and opened the item to discussion by council. There being no discussion,she called for the motion. Councilmember Insalaco MOVED THAT THE APPLICATION FOR A PERSON TRANSFER,LOCATION TRANSFER,CORPORATION,SERIES 9 LIQUOR LICENSE SUBMITTED BY PAUL MINGER FOR WALGREEN DRUG STORE BE REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 3 OF 23 RECOMMENDED FOR APPROVAL TO THE STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Durbala voted in opposition.) The motion carried. PROPOSED RESOLUTION NO.97-22/PRELIMINARY PLAT FOR IRONWOOD COVE I I )Development Services Director Larry Harmer briefed the council on this item.He stated the property is located east of Ironwood and is 26 gross acres in size.The zoning is in place and it is a standard subdivision with no planned development needed.He added 10.6 acres will be made into 34 lots with an average of 3.2 homes per acre.The lot size ranges from 7,800 sq.ft.to 12,500+ sq.ft.The retention area is functional retention only.The parks department has reviewed this and made suggestions on how this should be landscaped and the applicant agrees. It has standard stipulations.The planning commission recommended approval. Mr.Wally Slade,one of the owners of SRC Homes,addressed the council.He stated he had nothing to add and was there to answer any questions. Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and opened the item to discussion by the council. Councilmember Durbala asked if a 'barrier wall would be placed between 12th Avenue and lots 1-7. Mr.Wally Slade stated a 6'block wall is to be on the back side of those lots. Councilmember Urich asked if it was a unanimous vote by the planning & zoning commission. Development Services Director Larry Harmer stated it was a unanimous vote with a whole -hearted recommendation. Councilmember McClain stated she would have to agree with that as she is real happy to see the big lots.She added it looks like a real nice subdivision. Councilmember Insalaco MOVED THAT RESOLUTION NO.97-22,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 4 OF 23 OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY PLAT,CASE NO.SD -97-07, FOR IRONWOOD COVE I I SUBDIVISION,BY SRC HOMES,INC.,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1000/CASE PZ-97-07 ) )Long Range Planner Kate Morris briefed the council on the item.This is for a property with a single family dwelling on it to be rezoned to a building with two office suites.It is located on Superstition Boulevard west of Ironwood Self Storage.The site plan meets the requirements for the landscaping provision.The number of parking spaces exceeds the requirements by one.There are some non -conforming setbacks,as the home encroaches on the federally patented easement on the west side of the property.An encroachment permit will be required of this property. Mr.Keith Stachar,an owner of the property,stated he was there to answer any of their questions. Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and opened the item to discussion by the council. Councilmember Urich asked if this was a unanimous vote of the planning & zoning commission. Long Range Planner Kate Morris stated it was. Councilmember Eck stated he went and looked at this building and he thinks it looks good. City Manager Curtis Shook stated he had talked to Mr.Stachar earlier this week and he thinks i t is a good example of what can be done renovating and refurbishing buildings to turn them into useful,commercial areas. Councilmember Urich MOVED THAT ORDINANCE NO.1000 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 5 OF 23 VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read Ordinance No.1000 by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1000,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1001/PROPOSED RESOLUTION NO.97-21/DELAWARE & SOUTHERN PARTNERSHIP )Long Range Planner Kate Morris briefed the council on the item.This item includes the rezoning and preliminary plat for a property located at Delaware and Southern.There is a site plan that has been revised in accordance with the motion for recommendation from the planning and zoning commission.The rezoning is from CR to CR-3/PD.They are requesting staggered front and rear setbacks and a reduction in lot size.Changes from what was presented to the planning and zoning commission include a minimum lot of 5,500 sq.ft.with a minimum lot width of 50'.The average lot sizes are from 5,500 sq.ft.to approximately 7,000 sq.ft.There are currently 3 lots slightly under 5,500 sq.ft.,as noted by the engineer,which can be addressed before final plat.She stated everything else meets the minimum recommended by the planning and zoning commission.Approximately 20 acres are being rezoned for the subdivision and a remaining 3.3 acres are to be rezoned to a commercial corner to support the medical facilities in the area.She added the applicant is represented this evening. Vice Mayor Surra opened the public hearing on the item. Mr.Jason Morris,3200 N.Central, Phoenix,addressed the council on behalf of the applicant.He stated the commercial area will be developed to support the medical facilities in the area.He added they planned this property to fit in with the uses already in the area.He stated if the zoning remains CR-3,it would be developed with approximately 80 lots,rather than the current 97.In exchange for the increased lots,they are offering 10% of open space,which includes a centralized park and trail system,a buffer area and the retention area.They REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 6 OF 23 are adding a Southern entrance.He stated the council should have received a packet containing the elevations of all the homes that will be built.He added they will have staggered setbacks so the streetscape is not a straight line.They will have stucco walls,tile roofs and enclosed garages.The homes have been upgraded and will have varying elevations.They believe they are giving significant value for the request that they are making.They will have a tot lot and turf area in the open space.At the planning commission's request,they made the park a centralized park yet kept the trail system to act as a buffer.Other changes made include the lot size and lot width;they originally had 112 lots.They now have 97 lots due to the street changes.He added if the council wants to develop this property with the current zoning, they will present a more basic plat. average price of the homes would be. prepared for that question. Councilmember Durbala asked what the Mr.Jason Morris stated he was not He estimated $100,000,depending on the options. Councilmember McClain asked how large the homes would be. Mr.Jason Morris stated the home minimums are approximately 1500 sq.ft. Councilmember McClain asked how much usable open space was included in the plat. Mr.Jason Morris stated the only space that is not usable would be a small part of the retention area at flood level;the rest would be open. large the homes would be. minimums are approximately 1500 sq.ft. Councilmember McClain stated they had been told it would be around .4 of an acre. Mr.Jason Morris stated the retention needs for the property were slightly less than an acre. Councilmember McClain stated she thought the retention needs were a little over 2 acres. Mr.Jason Morris stated that is the open space.The need for retention at peak storm flow is just about 1 acre. If this is not rezoned,they will only provide about an acre for retention. Vice Mayor Surra asked if there was any one from the public who wished to address the item. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 7 OF 23 Ms Celia Bachman,201 E.Southern Avenue,addressed the council.She stated the planning and zoning commission had not been given the opportunity to study the changes and asked if any of the lots had become smaller than they were when the commission saw the plat. Mr.Jason Morris stated there were some larger lots on the original plan with a variety of sizes.He stated the plat was not seen by the commission again and went straight to the council on the recommendations of the commission.Ms Morris had listened to the tape regarding the commission's motion and they agreed upon what was requested at the commission meeting.They developed the plat according to the recommendation.In answer to her question,some of the smaller lots have been made larger as the lot width is now a minimum of 50'. Vice Mayor Surra clarified that none of the lots are smaller than what had been presented to planning and zoning. Mr.Jason Morris stated that was correct. Ms Celia Bachman stated she could not remember planning and zoning making any recommendations as to what the average or minimum lot size should be.She believed they recommended that the smaller lots get larger.She wanted to know how many larger lots got smaller. She does not believe he answered her question but she believes it is a clear presentation. Long Range Planner Kate Morris stated it was a long discussion and they had a portion of the meeting transcripted verbatim in order to figure out the motion.She stated the motion for the preliminary plat stated it should be returned for revision pursuant to the planned development section and further recommended revisions of setbacks of 5'and 10',front setbacks of 18'and back setbacks of 22'or 20'for each if staggered,the minimum lot area to be 5500 sq.ft.,minimum lot width to be 50',and that the city council consider requiring the reconfiguration of the open space.The motion was amended to include engineering standards to be met and open space requirements.There was no requirement to delay the plat. Councilmember McClain stated she was at the meeting and she recalled that the commission had a hard time with this. They did not like the small lots.They pushed for the larger lots.She added they have only lost 2 lots from the 99 shown to the commission,and she does not think it looks like what she expects from a planned development.She mentioned the 10 acre subdivision with 34 lots that was recently seen,had no planned development on it,and was beautiful.There was a place for everybody to play.They have their own yards,space,and no one is crowded out.This one would have a lot more room with just 80 lots.She believes they should be REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 8 OF 23 seeing more for the planned development if they are going to allow this much compaction on the property. Councilmember Durbala stated he did not know where they are getting the comment that they do not want the smaller lots.He stated he was aware a number of the council had been saying that, but there is a need for smaller lots in a community.These smaller lot subdivisions are required to put in the amenities and the open space.He does not see a problem with the plat at all.He stated there are only 3 lots that are under 5,000 sq.ft.,all the rest are 5,500 sq.ft. Councilmember McClain stated she believes the city already has a lot of small lots. Councilmember Durbala stated small lots are what is selling all over the country.Even with the small lots, there is a $20,000 increase in the price of the home over previous plats.He believes there should be available housing for the first time homebuyer and the end homebuyer.Those small lots are available for them. Councilmember McClain stated Gold Canyon Ranch has quarter -acre lots for $100,000. Councilmember Durbala stated the city is not Gold Canyon Ranch.We are Apache Junction and it does not always work to compare the city with other cities. Councilmember Eck stated he is concerned that they are not getting everything that planning and zoning recommended. Councilmember Urich stated the lots appear to be 5,500 sq.ft.and they appear very regimented to her.She would like to see more creativity. Mr.Jason Morris stated there were some excellent points raised.This is slightly smaller than what would be allowed under the existing zoning.The owner will find it hard to notice the missing square footage they would have if it had been developed under the existing zoning.It would be a basic plat if developed under the current zoning.There would be no open space relief and there would be regimented lot sizes.They would not intentionally make a boring plat but it would be an efficient layout.Curvilinear streets were taken out to meet the commission's recommendations.He believes that given the properties already developed in the area,this size lot was appropriate.He believes the recommendations of the commission were addressed.They concentrated on the motion,but he does not know if it encompassed how each commissioner thought it should be. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 9 OF 23 Councilmember McClain suggested calling some of the members of the commission in attendance for their opinions. Vice Mayor Surra stated she would after the council is done with their questions. Councilmember Insalaco wanted it clarified as to why the original was 80 homes and they now have 97. Mr.Jason Morris stated the original zoning permits 80 homes. Councilmember Insalaco stated maybe a number in between would make everyone happy;losing 5 homes would be better than losing 80.It would make him happier. Mr.Jason Morris stated that is an important point.There is an economic issue at stake.They started with 112 lots and through the process they now have 97.The 17 additional lots requested are the base point necessary for them to accomodate the open space, the landscaping and the site improvements.If they do not get approval for the 97 lots,they will plat it for the way it is zoned today.They do not have the ability to do something in between as it would not pay for the improvements required by the planned development. Councilmember Durbala asked if they would still be willing to develop the 3.3 acres as a commercial area. Mr.Jason Morris stated if the zoning remains the same they may put homes there instead. Mrs.Midge Conway,902 S.Ocotillo Dr.,addressed the council.She requested the vote of the commission for the motion. Vice Mayor Surra stated it was unanimous by the commission. Mrs.Midge Conway stated she believed this was to come back to the commission because of the changes.She also denied that people could not afford to buy homes on standard lots,as Ironwood Cove is charging $70,000-$80,000 for homes on standard lots.She stated recreational areas in planned developments are going down into retention areas,which does not really give the city anything.She believes they all should look at them before they decide on them. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 10 OF 23 Ms Celia Bachman,201 E.Southern, addressed the council.She stated she was confused as she did not recognize the plat that came before the council.She thought the same plat would come before council that came before them,which was a very different plat map. She stated her motion does not make sense if you look at the current plat map. The lot size in the motion was in reference to the plat they had before the commission.She did not add that the large lots should not be made smaller. The confusion is from applicants coming to the commission and focusing on the motion,not the discussion.The intention was for council to see the same plat map that the commission did.Council was to decide if the recommendations were strict enough,and if so,that the plat would be approved after it was brought back from council deliberation.That is how she understood the process.If that is not the case,she recommended finding another process that would eliminate the confusion.If they can change the plat before the council sees it and have the commission recommendations outdated,then the commission may be wasting its time. Mrs.Maria Ewell,1330 W.Roundup, addressed the council.She requested Mrs.Morris to read the motion again; she believes the motion states that changes are to be brought back to planning and zoning for reconsideration. Vice Mayor Surra stated that is what she heard when it was read the first time.Other council members agreed.It was determined that it did not have to be read again. Long Range Planner Kate Morris stated she would read it again:"I move that the Planning and Zoning Commission of the City of Apache Junction recommend to the city council the return of this plan for revision pursuant to Section 19,(which is the planned development section)and further recommend the following revisions to the stipulations",with the revised stipulations following. Vice Mayor Surra stated it should not have come to council since they used the word return;it meant the plat should have returned to planning and zoning.She added having it come before council may have been premature.She stated it is at the will of the council whether this should be returned to planning and zoning.She asked Mr.Shook if he had any problems with that. Councilmember McClain stated when the Renaissance Point representative was here,he was sent back.She does not believe it would be fair to allow this one when the lots are under 55'.She urged the council to stand fast. Vice Mayor Surra stated further discussion on this item may be fruitless.She closed the public hearing on REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 11 OF 23 the item with no further requests to speak by the public,then opened the item to further discussion by the council. Councilmember Durbala stated there are two things being brought up:the ordinance and the preliminary plat. There would be two different motions,and he asked if the ordinance was to be sent back. Vice Mayor Surra stated they are on Item 11A now. Councilmember Durbala stated that was the ordinance for the rezoning.The plat is Item 11B.He stated he would like to approve the zoning change. Vice Mayor Surra stated she believed the applicant may not want the zoning change;he may not want a planned development with the new plat. Mr.Jason Morris stated that could lead to some unfortunate circumstances.He added they have been working on this for six months and have been delayed numerous times by staff issues.He did not understand the motion to mean they were going back to the planning commission.In other municipalities,the changes the planning commission recommends are made and the plat is brought before council,not taken back in front of the planning commission.He believes the applicant may choose to develop the property under the existing zoning as a result of a delay or continuance. Vice Mayor Surra stated the council is interested in supporting the planning and zoning commission and their request to have things returned to them.She added it may not have been understood by the applicant or staff,but it was the intent of the commission to have this returned to them. Mr.Jason Morris stated it would probably be easier on the applicant and staff if the commission wants to have a continuance for the applicant to redraw the plat.It should be included in the motion.In other areas when a planning commission acts on a matter,it does not go back to the commission. Vice Mayor Surra stated she understood his position. Councilmember Eck stated he felt for Mr.Morris for having to do this time and time again,but he would have a difficult time approving this without it going back to planning and zoning. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 12 OF 23 Councilmember Urich agreed with Councilmember Eck. Councilmember Durbala suggested they give direction to the commission in another meeting on whether something goes back to them or on to council after changes have been made. Councilmember Surra stated it was possible it should have been denied rather than approved with that kind of stipulation.She added this is an internal problem existing between the commission,staff and the council.She then requested a motion on the item. Councilmember Durbala MOVED THAT ORDINANCE NO.1001 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read Ordinance No.1001 by title only. Councilmember Durbala MOVED THAT PROPOSED ORDINANCE NO.1001,PZ-97-10,AND PROPOSED RESOLUTION NO.97-21 BE SENT BACK TO THE PLANNING AND ZONING COMMISSION FOR REVIEW. Councilmember Insalaco SECONDED THE MOTION. VOTE:4-1-1 (Vice Mayor Surra voted in opposition and Councilmember Durbala abstained.) (Councilmember Durbala originally voted in opposition.There was general discussion as to whether he could do so since he made the original motion.Interim City Attorney Bill Farrell stated under Roberts'Rules you may bring a motion and not support it,but he would defer to the city clerk to ascertain if any other rules had been adopted by the city.Councilmember Durbala changed his vote to an abstention.) The motion carried. Vice Mayor Surra stated Item 11B, Resolution No.97-21,would be withdrawn from the agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 13 OF 23 CASE PZ-97-17,MENEFEE APPEAL OF ORDINANCE NO.940 )Long Range Planner Kate Morris briefed the council on this item.The property is located at 2227 S. Coconino.The present business is a cabinet shop using four lots.There are two existing buildings on site with a new building proposed.There is approximately 17,000 sq.ft.to the lot,and by ordinance 5% of that must be landscaped,which would be 880 sq.ft.The landscaped area being provided is 2,270 sq.ft.The appeal is for locating the building at a zero lot line, which would cut out the landscaping buffer required on that side and the setbacks.She added the applicant is present. Mr.Gerald Menefee addressed the council.He had nothing further to add and would answer any questions. Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and opened the item to discussion by the council.There being no further discussion,she called for a motion. Councilmember Insalaco MOVED THAT THE APPEAL OF THE REQUIREMENTS OF ORDINANCE NO.940,LANDSCAPING AND SCREENING WITH AN ALTERNATIVE PROPOSAL MEETING THE SPIRIT OF ORDINANCE NO.940 AND SUBMITTED BY GERALD MENEFEE FOR CASE NO.PZ-97-17 BE APPROVED. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra called for a ten minute break. Vice Mayor Surra reconvened the meeting at 8:30 p.m. EMERGENCY CONSIDERATION AND ACTION AS PROVIDED BY A.R.S.§38-431.02(D) )Vice Mayor Surra expressed concern that due to the confusion and circumstances of the meeting with regard to Items 11A and 11B,it appeared that the applicant did not have the opportunity to fully present his proposal.She asked the city attorney if it would be possible to reopen Item 11A. Interim City Attorney William Farrell was concerned about due process for the applicant and advised the REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 14 OF 23 council that according to Arizona statutes,there are two emergency provisions to hear matters.One is the waiver of the normal 24 hour notice of meeting in advance,which would not be accurate in this circumstance.The other is the authority to add an item to an agenda that was not on the agenda,which is also not the case this evening.There is therefore no clear cut statutory authority to reconsider the item.He stated the spirit of the agenda is to give the public an opportunity to hear government's business.He added if she wished to reconsider,he suggested they make a motion to add this item back onto the agenda as an emergency,and if passed,a motion for reconsideration could be brought by one of those who voted in the affirmative.He added an emergency would be defined as whatever four of the seven members of the council think it is. Councilmember Urich MOVED TO BRING BACK ITEM 11A ONTO THE AGENDA BY DECLARING AN EMERGENCY. Councilmember McClain SECONDED THE MOTION. Vice Mayor Surra asked if Item 11B should be brought back at the same time. Councilmember Urich amended her motion to read TO BRING BACK ITEMS 11A AND 11B ONTO THE AGENDA BY DECLARING AN EMERGENCY. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra called for a motion for reconsideration for Items 11A and 11B. Interim City Attorney William Farrell reminded them it has to be made by one of the four who voted affirmatively on the original motion for the items. RECONSIDERATION OF ITEMS 11A AND 11B. MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 15 OF 23 Councilmember Urich MOVED FOR Councilmember McClain SECONDED THE City Clerk Kathy Connelly asked if a date had to be set for the reconsideration. Interim City Attorney William Farrell stated they were reconsidering it now. VOTE:Unanimous. The motion carried. Vice Mayor Surra asked the applicant if he would be willing to resubmit the proposal. Mr.Jason Morris stated he would. He added it was suggested some work could be done on the plat between this meeting and the next meeting on August 5.That time would allow him to meet with staff and come up with something reflective of the desires and wishes of staff,the planning commission and council.He requested they come back on August 5. Vice Mayor Surra asked if the applicant wanted them to vote on the rezoning tonight and approve the plat on August 5. Mr.Jason Morris requested they be considered simultaneously. City Manager Curtis Shook stated if they proceed on those lines he would like to be directed by the council to meet with the developer for discussions and have something ready in two weeks. Vice Mayor Surra stated she was not sure they could give direction to staff since it was not on the agenda. Interim City Attorney William Farrell stated he believed the only motion would be a motion to continue. Vice Mayor Surra stated with this item being brought back under emergency conditions it should alert staff as to what should follow.She called for a motion to continue. Councilmember Urich MOVED TO CONTINUE ITEMS 11A AND 116 TO THE REGULAR MEETING OF AUGUST 5. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 16 OF 23 The motion carried. City Clerk Kathy Connelly asked if this needed to be readvertised. Interim City Attorney William Farrell stated if it has been continued,the public has had the usual notice. If it had not been date specific,it would have had to be readvertised. OLD BUSINESS. None. NEW BUSINESS. AWARD OF BID:PRINTING OF ACTIVITIES MAGAZINE )Parks & Recreation Director Jeff Bell addressed the council on this item.He stated several East Valley cities are having success with the larger format.He believes this will be an improved product requiring less staff time for approximately the same amount of dollars.He recommended the bid be awarded to the Tribune Newspapers for $19,945. Councilmember Urich asked if the new newspaper in town had been contacted. Parks & Recreation Director Jeff Bell stated discussions had occurred with both newspapers in town and they advised they were not able to take this on at this time,but they would consider it down the road. Councilmember Urich asked if he was notified of that in writing. Parks & Recreation Director Jeff Bell stated it was in a verbal discussion. Councilmember Urich stated that was not her understanding.She asked Mr.Ed Barker of the Apache Junction News if they were in agreement with Parks & Recreation Director Jeff Bell. Mr.Ed Barker stated the Apache Junction News is not in a position at this time to produce the publication. They would be interested in the distribution. Councilmember Eck asked if any one had been hired for the insert. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 17 OF 23 Parks & Recreation Director Jeff Bell stated they had not. Vice Mayor Surra clarified that this is for the printing bid only. Councilmember Urich stated she 'understood that the distribution was still open.She thought she had read . where the distribution was to be in the Apache Junction Independent. Parks & Recreation Director Jeff Bell stated the Tribune Newspapers put that in there as that is who the city has used in the past. Vice Mayor Surra wanted to know if they had gotten bids from all of the newspapers that could do the project, which they had,and the bid for the distribution will be done at a later date. Parks & Recreation Director Jeff Bell stated that was correct. Councilmember Durbala asked if bids would go out to the two local newspapers for distribution. Parks & Recreation Director Jeff Bell stated that was correct. Councilmember Eck MOVED THAT THE AWARD OF BID BE GIVEN TO THE TRIBUNE NEWSPAPERS IN THE AMOUNT OF $19,945 FOR SERVICES RELATING TO PRODUCTION AND PRINTING OF THE "ACTIVITIES MAGAZINE" DURING FISCAL YEAR 1997-98. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DISCUSSION ON PROPOSED FY 1997-98 BUDGET ) )Vice Mayor Surra stated this is to allow further discussion on the budget.She opened the discussion to council. Councilmember Durbala asked the city manager to go over a few of the things done last night at the work session. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 18 OF 23 City Manager Curtis Shook stated last evening a number of changes were made.The Non -Departmental Budget,Line 50B,Building Renovation,was increased from $50,000 to $75,000.The second change was proposed for the Library:Line 14,Benefits,was increased by $315 to reflect actual experience;Line 15,Cooperative Education,was increased from $14,000 to $18,000;and Line 18,Library Books,was increased from $72,000 to $75,000.The third change was in Public Safety Administration, Line 20,Benefits,which was increased $185 to a total of $187,055 to reflect actual experience;Line 21,Cooperative Education,was increased from $4,000 to $6,000;and Line 24,Prisoner Maintenance,was increased from $35,000 to $40,000.Council requested to increase the entire budget by $39,473.He requested to add $10,480 to the part-time budget of the Library to get the city complex computerization program moving faster,which would increase it from $7,520 to $18,000.He stated people will be needed to cover for Spencer Paden as he is working on this computerization. Vice Mayor Surra stated she had asked if there was enough money for the program three times last night.At that time she had been told it would be enough money. City Manager Curtis Shook stated he realized in the middle of the night that more funds were needed. Councilmember Durbala asked if Non- Departmental,Line 12,Main Street Program,could be increased by $2,500 to bring it up to $37,500 as Main Street has given over $10,000 worth of material to Ken Simpkins of economic development for demographic programs they have obtained.He added they are getting more business members on their board and they are putting on larger programs,such as the Poets Society.They are getting approximately $7,000 in grants for the arts,so they are attempting to pay their own way.This would assist in the architectural design and allow them to do some more programs for the businesses. Vice Mayor Surra stated the architectural design is from matching grants from the city and state. Councilmember Durbala stated that is true but they try to get the businesses to improve their store fronts. Vice Mayor Surra stated she is sure they can always use $2,500. City Clerk Kathy Connelly stated Councilmember Durbala is talking about something other than urban design. Vice Mayor Surra clarified he is talking about the facade design. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 19 OF 23 Councilmember Durbala reminded them that last year they won an award from the state organization for entry way signs and the beautification program. Vice Mayor Surra asked if any councilmembers had an opinion on the $2,500 increase. Councilmember Urich agreed with it. Councilmember Eck agreed with it. Vice Mayor Surra asked if there was any further discussion.There being no further discussion,she called for a motion. Councilmember Durbala asked if they should make a motion as preliminary budget approval is on Thursday. Vice Mayor Surra stated these must be added. City Manager Curtis Shook stated they should direct staff to add those items when they come to their tentative budget adoption. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES OR ADJUSTMENTS TO THE FY 1997-98 BUDGET:EVERYTHING PRINTED ON THE TENTATIVE BUDGET REMAINS THE SAME WITH THE EXCEPTION OF THE MAIN STREET PROGRAM UNDER NON -DEPARTMENTAL, LINE ITEM 12,TO BE INCREASED BY $2,500 TO $37,500 AND THAT LIBRARY LINE ITEM 19 BE INCREASED BY $10,480 TO $18,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra commended the city manager and staff for the budget presentation. CITIZEN REQUESTS TO CONSTRUCT OVER PUBLIC UTILITY EASEMENTS/FEDERAL PATENTED EASEMENTS )Development Services Director Larry Harmer briefed the council on this item.The planning and zoning commission has reached a recommendation on public utility easements and REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 20 OF 23 federally patented easements,which was discussed at a June 30 work session with council.Council directed staff to bring this back in this form.They are seeking a direction to staff to formalize a policy statement based on the planning commission's recommendation,which would be returned at a later date for adoption. council discussion. regards the Roadhaven situation. Harmer stated it does. Vice Mayor Surra called for any Councilmember Eck asked if it Development Services Director Larry Councilmember Eck asked if the list of federally patented easements out there were taken into consideration,and if it was established how close water and sewer lines can be. Development Services Director Larry Harmer stated that would be part of the formal discussion and they had been considered. Vice Mayor Surra stated that is what they are preparing to bring back for adoption.She called for a motion. Councilmember Insalaco MOVED THAT THE DEVELOPMENT SERVICES STAFF BE DIRECTED TO DRAFT A POLICY STATEMENT,PER THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION,IN RESPONSE TO CITIZEN REQUESTS TO DO CONSTRUCTION OVER PUBLIC UTILITY EASEMENTS AND FEDERALLY PATENTED EASEMENTS.SAID STATEMENT SHALL BE BROUGHT BACK TO THE COUNCIL FOR PUBLIC HEARING AND CONSIDERATION OF FINAL APPROVAL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,BE HELD ON MONDAY,AUGUST 4,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 21 OF 23 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 5,1997,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Eck asked about the possibility of a retreat meeting between the council and planning and zoning.Vice Mayor Surra stated that could not be discussed but could be reported on.City Manager Curtis Shook stated it was anticipated in the budget but they would have to check the schedules before they can set it up for maximum attendance. Vice Mayor Surra reminded council of the tentative budget adoption meeting on Thursday at 6:00 p.m.in the council chambers. ADJOURNMENT )Vice Mayor Surra adjourned the meeting at 9:03 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of July 1,1997. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of "Food For Fines" Campaign for month of August. 5.Acceptance of the Annual Report of the Apache Junction Public Library Board of Trustees for 1996-97 fiscal year. 6.Approval of Award of Bid for Voice and Data Cabling for City Attorney Office/Conference Center. ACCEPTED THIS 5TH DAY OF AUGUST ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF AUGUST ,1997. REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 22 OF 23 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 15th day of July,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of July,1997. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 15,1997 PAGE 23 OF 23