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HomeMy WebLinkAbout1997-09-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 2,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 2,1997,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember McClain Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Galloway City Engineer Gordon Grandy Development Service Director Larry Harmer Associate Planner Rudy Esquivias Assistant Planner Paul Michaud Mayor Coleman welcomed everyone and introduced the new city attorney, Joel Stern. ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT WE RECOGNIZE THE OUTSTANDING REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 1 OF 20 SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:PATROL OFFICERS JOHN PINSON AND HOWARD LOGSDON;PATROL SERGEANT RON MARTIN;THE POLICE DEPARTMENT; CITY ENGINEER GORDON GRANDY;THE PUBLIC WORKS DEPARTMENT;YOUTH SERVICES LIBRARIAN LIZ BURKS;LIBRARY EMPLOYEE BONNIE LOPEZ;LIBRARY EMPLOYEE GAIL GRAHAM-FISEL;PATROL OFFICER CHARLIE FRALEY;THE LIBRARY STAFF;AND THAT THE SIGNATURE BY THE CITY MANAGER ON THE GRANT OF EASEMENT TO SALT RIVER PROJECT ACROSS ,TRACT E OF RENAISSANCE POINT UNIT 2 BE RATIFIED;AND THAT PATRICIA RICHMOND BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 8,1998. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook stated staff will be providing information during the week regarding the swap meet and container areas there.He added they are preparing for the expansion landfill issue.They have received 4-6 different requests for proposals written by different cities and engineering firms regarding the issue and staff is putting together a request for proposal for the city,which he expects to have advertised this weekend,with the award of bid being in the near future.It will include a study of the types of items they want to have addressed and identify any tests and procedures that the city wants undertaken.He then requested council to provide staff with a date for the council/planning & zoning commission retreat which will be coming up at the end of the agenda. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR GOLDEN WEST SQUARE LIQUOR LICENSE )City Clerk Kathleen Connelly briefed the council on this item.She stated because this is a permanent extension it comes before the council to hear.She added the police department had indicated approval and the planning division indicated approval REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 2 OF 20 with the notation that they might be subject to some of the landscape ordinance provisions.The applicant was notified and may be present. Ms.Joyce Slavic,manager of Golden West,addressed the council.She requested approval of the extension. Councilmember Durbala asked what type of liquor license it was. City Clerk Kathleen Connelly stated they are full service,serving beer,wine and spirituous liquor. Ms.Joyce Slavic stated it is a Series 12 license. 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 discussion by the council. There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT THE PERMANENT EXTENSION OF PREMISES FOR THE LIQUOR LICENSE SUBMITTED BY DONNA CLOUGH FOR GOLDEN WEST SQUARE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.97-28/SD-96-06 FINAL PLAT FOR SUNRISE CANYON BY DIAMOND KEY HOMES )Development Services Director Larry Harmer briefed the council on this item.He stated a detailed presentation was given at the last meeting when council could not vote.The letter of assured water supply has now been received which fulfills the requirements to allow council to act on the final plat.He summarized by stating the subdivision is 556 lots on 122.3 acres,located between Southern Avenue and 16th Avenue from Ironwood Drive east to San Marcos.The rezoning was approved under Ordinance No.979,which reserved 20 acres at the corner of Ironwood and Southern for commercial purposes.There is an additional reserved area at the southeast corner of the site for a future church.There has been a net reduction in the smaller lots since the preliminary plat and a net increase in the larger lots.There are only 14% of the lots at a 45' width,and those with a 45'-50'lot width were reduced from 50% to 20%.The REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 3 OF 20 60'lot widths have gone from 20% to 30% lot total.There are still some details that need to be taken care of before final plat recordation,and these can be handled after the approval.These items are reflected in the stipulations.The planning commission has recommended approval.He added the applicant is present. Mr.Rick Jellies,15948 E. Ponderosa,Fountain Hills,representing Diamond Key Homes,addressed the 'council.He stated even though there was no stipulation to drop any lots,i t had been requested by a number of councilmembers that they look at doing that. They took the request seriously and incorporated it into the design.They accepted the new regulations on the landscaping and recreational facilities and incorporated that into the final plat.He commended the staff for their work on the project,creating a very nice single family residence community with a beautiful commercial corner that could entice a major user into it.He believes Diamond Key Homes and the city will be proud of this project. Councilmember McClain asked if the smaller houses would be limited to the smaller lots. Mr.Rick Jellies stated that was correct.There are two series they are doing,and narrower width ones will go on the narrow lots while the wider width ones will go on the wider width lots. The houses run from 850 to approximately 2100 sq.ft.The larger elevations will have brick elevations with the possibility of additional diversity.They do stucco eaves instead wood overhangs and two-tone paints on all the exterior pop -outs and elevations.They have 8 different paint schemes and 5 roof tiles.They police the different paint schemes and tile colors so there is not a whole row of houses looking the same. Vice Mayor Surra asked how large the area is that has been set aside for the church. Development Services Director Larry Harmer stated they did not set it aside.It was already in reserve as part of the past zoning.He believes it was roughly an 84 acre site. Mr.Rick Jellies stated there were other different church sites and other commercial configurations which rendered one of the church sites unusable. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to discussion by the council.There being no additional discussion,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.97-28,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 4 OF 20 OF APACHE JUNCTION,ARIZONA,APPROVING FINAL SUBDIVISION PLAT,CASE NO.SD -96- 06,SUNRISE CANYON,BY DIAMOND KEY HOMES,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1004/REZONING REQUEST BY DONALD KOS )City Attorney Joel Stern stated Councilmember McClain is going to conflict out on voting for this item pursuant to the public interest laws of the state.She will remain in the room but she will not vote. City Clerk Kathleen Connelly requested Councilmember McClain to enter that into the record. Councilmember McClain stated she would not vote on this item due to a conflict of interest. Assistant Planner Paul Michaud briefed the council on this item.He stated this property is at the southwest corner of W.Roundup and N.Thunderbird.The request is to change from general rural to CR-1/MH in order for the applicant to split the property to place manufactured homes.The difference between the two is the size of the lots required,with the general rural requiring 14 acres per lot and the CR- 1/MH requiring a 20,000 sq.ft.lot.The majority of the lots surrounding the property are at or below the 20,000 sq.ft.size;they were lots of record -before the current zoning ordinance.Only one lot does not have a manufactured home on it.The general plan designation is residential with medium density with a manufactured home overlay.The rezoning request keeps it well within the density requirements.There were 7 protest petitions filed,5 of which are valid.This item will require a 3/4 vote to approve it. Mayor Coleman asked what percentage the petition filers represented. Assistant Planner Paul Michaud stated they represented 35% of the landowners.He stated the planning commission recommended approval 5-1.Staff recommends approval as it meets the general plan and zoning ordinance requirements.He added the applicant is in attendance. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 5 OF 20 Mr.Donald Kos,2141 N.Plaza, addressed the council.He stated the landowner east of him who is protesting has his place up for sale. Mayor Coleman opened the public hearing on the item. Ms.Jan Miller,1059 W.Roundup, addressed the council.She stated the reason why their place is for sale is because they had placed the home they had built on their property in a particular spot where they were told no buildings would be built to interfere with their view of the mountains.If this rezoning goes through,their view will be totally destroyed.They moved to the area because of the 14 acre properties which were more open.They do not want a subdivision type area. She stated they are disappointed with Apache Junction because of this project. Mayor Coleman closed the public hearing and reopened the item to discussion by the council. Councilmember Eck asked if any of the surrounding landowners would have their property rights changed. Development Services Director Larry Harmer stated the rezoning affects only the property being rezoned.The others stand as is. Mayor Coleman stated he believes the issue is whether this will set a precedence for other properties in the area to split and what would happen to the low density. Development Services Director Larry Harmer stated that was correct. Councilmember Eck stated the drove the area earlier today and while there are 14 acre properties,there are also smaller lots. Councilmember Durbala asked the city attorney what the required vote would be to pass the ordinance since one member has been removed for conflict of interest. City Attorney Joel Stern stated it would be a 3/4 vote,or 6. City Clerk Kathleen Connelly stated it has to be 3/4 of the elected members of the council,so it would still be 6. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 6 OF 20 City Attorney Joel Stern agreed it would be 6 out of 7 even though there is a conflict. Mayor Coleman stated he is concerned about the density and he would hate to see them continue to do things the way they were done,even if they were done in the early seventies. Councilmember Eck stated this has changed from an original 8,000 sq.ft.to 20,000 sq.ft.At one time he could have had 5 mobile homes on there,now he can have only 2. Mayor Coleman stated he believed it is general rural. Councilmember Eck stated the whole area was general rural at one time. Mayor Coleman stated the property under discussion is currently general rural. is general rural. area was general rural at one time. Councilmember Eck stated his property down the street was originally general rural,but he rezoned and got 3 lots. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1004 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous.(6-0-1 with Councilmember McClain abstaining from voting due to a conflict of interest.) The motion carried. City Clerk Kathleen Connelly read Ordinance No.1004 by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1004,AS READ BY THE CITY CLERK,BE DENIED. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 7 OF 20 VOTE:5-1-1 (Councilmember Eck voted in opposition,Councilmember McClain abstained from voting.) City Clerk Kathleen Connelly asked the city attorney if the denial would pass. City Attorney Joel Stern stated the denial would pass. The motion carried. PROPOSED ORDINANCE NO.1005/ANNEXATION CASE AN -4-97 )Associate Planner Rudy Esquivias briefed the council on the item.The property is the remaining portion of Sections 1 and 12,triangular in shape.It is approximately 238 vacant acres of state trust land.Annexation petitions have been circulated and they are in the process of receiving information from the Department of Revenue regarding possible ownership in the area.There are 2 utility companies owning property in the proposed annexation area,US West and Arizona Water Company,and they have signed their petitions for annexation.Salt River Project owns some property in the right-of-way but as they are not a taxable entity they are not required to get a signed petition from them.Staff believes all the state requirements for annexation have been met and they request approval of the annexation. Mayor Coleman asked if the map was current insofar as the city annexations. Associate Planner Rudy Esquivias stated there is one annexation that does not show on the current map. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to further council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1005 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 8 OF 20 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1005,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1006/MARGOLIN/CLARK REZONING REQUEST FOR A MEDICAL CLINIC )Associate Planner Rudy Esquivias briefed the council on the item.This item is for the rezoning of a 3.6 acre property located at the southwest corner of Old West Highway and S.Wickiup from general rural to C-1 with the intended use to be a medical center and additional commercial pad.He explained the planning and zoning commission support of the rezoning and the 11 stipulations given the project by the planning commission,who had recommended approval.He pointed out the options available on portions of the roadways that were requested to be abandoned.He added the applicant was present for any questions. Mr.Danny Quihuis,the architect for the project,addressed the council.He explained the project would include a medical facility with specialized care services such as treatments for cancer patients.He indicated that he had worked on similar projects with the developer. Council discussed the use of the metal roof for the structure,the use of a view wall versus a solid wall and the reservation of utility easements. Vice Mayor Surra asked if the view wall might be incompatible with the use for the second pad. Mr.Duane Cogburn,representing the medical clinic,indicated that most likely they would use the commercial pad first as the first stage of the medical clinic and expand onto the larger site.The property would all be for the clinic and related services. Vice Mayor Surra asked if the clinic would be open year-round. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 9 OF 20 Mr.Duane Cogburn explained that they would be open year-round but that specialized services might only be available on a part-time basis depending upon the needs of the patients. Councilmember Durbala asked if a right turn only lane could be put on Old West Highway or,as an alternative, designate the driveways as "enter only"and "exit only". City Engineer Gordon Grandy explained that a right turn only lane would cause problems based on the roadway design and the number of driveways currently in use or planned for the future as additional properties develop. Mayor Coleman opened the public hearing on the item. Mr.David Ladd,owner of the property to the south,addressed the council.He expressed concern about how he might be impacted by the development since he had horses on his property. He was concerned about the possibility of an eight foot solid wall along his north property line and obstruction of his view of the mountain. Vice Mayor Surra indicated that the view fence might relieve some of his concerns about the wall. Mr.David Ladd asked about the roadway abandonment and how that property would be used. Councilmember Eck explained the limitations on the use of the abandonment and the reservation of rights for utility purposes. Mr.David Ladd asked if the water line could be run down 17th Avenue since his property did not have access to water and he could not afford to extend the line. City Manager Curtis Shook suggested that Mr.Ladd get together with the developer to discuss water line and utility extensions and possibly sharing the costs. Mayor Coleman closed the public hearing and reopened the item to further discussion by the council.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1006 BE READ BY THE CITY CLERK AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 10 OF 20 MOTION. VOTE:Unanimous. The motion carried. Ordinance No.1006 by title ORDINANCE NO.1002,AS READ STIPULATIONS 1-11 MENTIONED MOTION. VOTE:Unanimous. The motion carried. for ten minutes. meeting. Vice Mayor Surra SECONDED THE City Clerk Kathleen Connelly read only. Councilmember Insalaco MOVED THAT BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH PREVIOUSLY BY THE ASSOCIATE PLANNER. Vice Mayor Surra SECONDED THE Mayor Coleman recessed the meeting Mayor Coleman reconvened the PROPOSED RESOLUTION NO.97-29,DE LONG SUB SUBDIVISION FINAL PLAT ) )Associate Planner Rudy Esquivias briefed the council on this item.This is located near the southeast corner of Warner and Broadway and is approximately .81 acres in size.He stated one of the stipulations on preliminary plat approval stated any existing non- conforming situations,including setback encroachments,shall be resolved before final plat approval.A skewed lot line could mitigate the encroachment problem,or the De Longs could have knocked down their porch and moved their swimming pool.However,the De Longs have removed the manufactured home from the south side and part of their porch.Staff believes they have been met halfway and are offering a reasonable solution.The lots are larger than those required.The property is already developed.No additional comments on the final plat from other divisions have been received and there appear to be no additional problems.A permit for a manufactured home has been requested and will be approved if this final plat is approved.Staff recommends approval,believing the final plat is in substantial conformance. Mr.Bill Norman,7473 W.Acoma Dr., Peoria,addressed the council.He is the engineer and surveyor for the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 11 OF 20 property speaking on behalf of the owners.He added he was there to answer any questions. Vice Mayor Surra asked if the lots would be sold or ownership maintained,and would any be rentals. Mr.Bill Norman stated the lots would be for sale.There is a sale pending on lot 1 at this time. Vice Mayor Surra asked about the lot with the pool on it. Mrs.De Long stated the middle lot is theirs,and it is for sale. Vice Mayor Surra stated the buyer would have a lot with a pool on it but would have to build a residence. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. with the pool on it. is theirs,and it is for sale. Councilmember Insalaco MOVED THAT RESOLUTION NO.97-29,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT,CASE SD -97- 04,BY KERMIT AND GLORIA DELONG,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. DISCUSSION ON PINAL COUNTY REQUEST TO PLACE BARRICADES AT THE EAST SIDE OF MOUNTAIN VIEW RD.AND LOST DUTCHMAN RD.) )City Manager Curtis Shook briefed the council on this item.He stated they received a letter from County Manager Stan Griffiths some months ago regarding their concern over Lost REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 12 OF 20 Dutchman.They would like to close the road.County representatives are here to discuss the item only,if it comes back it will be as a county request. City Engineer Gordon Grandy briefed the council on the part the county wants to close,which appears to be from the city limits past the intersection with Mountain View,and past the intersection of a jeep trail to deny access there.It will isolate the neighborhood in relationship to the community.The alternate route will be Jacob Waltz Road,once there is a restriction. Ms.Sandie Smith,Pinal County Supervisor,addressed the council.She stated the section of road has been a problem.When it is rainy and wet,cars cannot get to the top,causing accidents.The right-of-way has a pool,house and outcropping in the way,but they may be able to shave some off the side and make the road wider at the crest where there is no line of sight.If the line of sight is brought down, the homeowner could not get into her home.The citizens on the east side of the road have been building into the right-of-way,taking a good portion of the road.She believes the right-of-way should be more over to the north. This is an inherited problem which had originally occurred before zoning in the county.A citizen was going to block it off many months ago,but the county got an injunction to prevent the blocking of the street,as the fire department was concerned as to how they could serve the people on the other side of the mountain.Upon visiting with the fire department,they stated that if the city and county would co -pave Jacob Waltz,they could come down Lost Dutchman to Mountain View and then go around on Jacob Waltz.The response would be as good or better than the current time going over Jacob Waltz.There are some concerned citizens who are talking about blocking off their portion of the road.If there is an accident at the crest,the home at the top may have a car go into it.The county would like to join the city to decide what can be done to solve the problem.They have already told the citizens involved that they would be talking to them,both those interested in closing in the road and those interested in keeping it open. like most of the portion is in the city. Vice Mayor Surra stated it looked Ms.Sandie Smith stated that the crest was in the county.She stated there is one portion of the road where the citizens residing there do not want it used.It is on state land.They have not requested that it be closed.There is also a wash on the road right after the curve which people drive on,but it is not a legal access for the patented land. would be paving Jacob Waltz. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 13 OF 20 Vice Mayor Surra asked if the county Ms.Sandie Smith stated they would like the city to co -pave Jacob Waltz.She added they would be glad to look at a partnership with the city on that road. Mayor Coleman asked Ms.Smith to show him on the map how much of Lost Dutchman was on private property. Ms.Sandie Smith stated she could not show him,but where the line of Lost Dutchman goes down it would be on the south side of the road.She stated they would be glad to sponsor a site trip to go out and look at it.She stated they had discussed removing the rock outcropping at the crest,but believe the house and pool located next to it would not survive the removal.The attorneys,engineers and management staff discussed it,but it would create additional problems for the homeowners in the immediate area if the outcropping were removed in any way.She added they would like to have at least one or two public hearings on this so that the public can voice their opinions.They have already met with some of the homeowners on site but they had told them hearings would be held here or at the place of their choosing. City Manager Curtis Shook stated he placed this item on the agenda in order to have council become familiar with the issue.They are discussing taking a major east/west road alignment out and there may be some good reasons for it.He thought council should be advised of the subject and thought this would be the appropriate place. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION RESEARCH OPTIONS OF FRANCHISE/SERVICE AREA AGREEMENTS FOR PRIVATE TRASH COMPANIES ) )City Manager Curtis Shook stated this item was requested by Councilmember Durbala.This has been in the works for the past year and they now have additional information for the council. City Attorney Joel Stern stated this is not really a franchise,this is a license.There are some other concerns on what they can do with certain areas.A.R.S.§ 49-746 addressed these concerns,including regulations of the standards,the type of equipment that can be used,the hours of operation as well as license fees and insurance requirements.The issue of the area of designation is not in the statute;he would have to research that further. Councilmember Durbala stated there are too many trash collection companies servicing our community.Chandler and Gilbert only have two.We do not need 5 different companies going down one street.It causes more stress on the streets and noise pollution.Each company has its own rates,schedules,routes and services standards,and he believes the city should look into licensing a single contractor or multiple REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 14 OF 20 service area bids.Some of the key issues he sees are mandatory pick up for all residents;a standard license agreement,contract,terms and conditions so that the city can set some of the rates or fees;and the possibility of a recycling program for glass,cans and plastic.The city may be able to make money from these.With the new subdivisions coming in,these 4 or 5 companies running up and down the street could create a safety risk to the small children in those residences.The multiple trucks waste fuel and create more noise pollution.He is requesting council to direct staff to research this and bring it back to council no later than the first meeting in November so that council may possibly make a decision at that time.He was looking at a franchising fee where the city would allow the different companies to come in through the city. Councilmember McClain stated she thought this sounded like it should be given to Mr.Stern. Councilmember Durbala stated that would be direction to staff,however,he believed the planning department should be a part of this if an ordinance is possible. Vice Mayor Surra stated there are trash containers out in her subdivision every day on the street because everyone has a different trash company.The subdivision has a constant look of dishevelment.She would suggest if they want to keep free enterprise flowing,they should look at coordinating the collection days in the subdivisions.That would be another consideration.She does believe they should demand recycling as part of the trash collection program within the city limits. Councilmember Durbala stated the larger cities do not pick up paper,but they still do glass,cans and plastic. While the trash contractor gets the money for those items,it lowers the cost of the services through the area.It also prevents the landfills from filling up so fast.He estimates it would be 20-25% less in the landfills,making them last longer. Vice Mayor Surra stated her trash company will pick up the recyclables tied up in a separate container and donate the proceeds to the Boys & Girls Club.She thinks that is a nice option which they do not have to do.If one does it,the others could also do it. Councilmember Durbala stated he would like to see the companies go out on bid and offer an extra garbage can for the recyclables.He believes most people,when they separate their recyclables,will realize they only need one trash pick up per week.He would like to see if staff can set up a franchise contract or bid for this.He believes they might get a cheaper rate if you only have one or two companies REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 15 OF 20 doing it for the whole community.There is the possibility the companies could switch back and forth over the years as they do in other cities.The city would be able to control the service and possibly get these companies to use the alleyways instead of the streets. Councilmember Eck stated he believed it would be a good idea if the prices stay competitive and if the pick up days can be coordinated.He came out of church on Sunday and found them picking up trash at 7:00 a.m.,and he feels that was inappropriate. Councilmember Urich stated she thinks it is an excellent idea and added the city is long overdue for recycling. City Attorney Joel Stern stated there might be a restriction on cities with 60,000 or less;we might have to allow 7 companies to compete.He believes there is a restriction under the statutes and he will research it. Councilmember Durbala stated they can still regulate them better than they are doing and they can still charge them a franchising fee to make sure they do the job and do it responsibly. They may be able to have some control over the problems they are having right now.Right now,if you miss your pick up,they make you wait till the next day you would have pick up. Mayor Coleman stated even though the trend seems to be the other way,there are some communities that provide this type of service. Councilmember Durbala MOVED THAT THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCHING OPTIONS OF FRANCHISES/SERVICE AREA AGREEMENTS FOR PRIVATE TRASH COMPANIES:HAVE STAFF COME BACK WITH MULTIPLE SERVICE AREAS,BID INDIVIDUALLY BY HAULERS IN SEPARATE SERVICE AREAS FOR ALL CURRENT HAULERS EQUAL TO THE PRESENT MARKET SHARE; MANDATORY PICK UP AT ALL RESIDENCES;STANDARD LICENSE AGREEMENT,CONTRACT, TERMS AND CONDITIONS,COSTS,FEES,AND RATES ASSOCIATED WITH COLLECTIONS;A RECYCLING PROGRAM ATTACHED TO THAT AND BRING IT BACK TO COUNCIL ON THE FIRST MEETING IN NOVEMBER. Councilmember Durbala asked the city attorney if that was enough time for him to complete his research. City Attorney Joel Stern stated that should be enough time for him to check with other cities to see what they do. If he needs additional time he will let them know before that date. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 16 OF 20 Vice Mayor Surra SECONDED THE MOTION WITH THE EXCEPTION THAT THE WORD FRANCHISE BE CHANGED TO LICENSING PER THE CITY ATTORNEY'S ADVICE. Councilmember Durbala agreed to the amendment to his motion. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES,LOCATIONS.AND PURPOSES Mayor Coleman stated they needed to consider a date,time and location for a joint city council/planning and zoning commission work session.They had received a memo from the commission showing any date conflicts. Development Services Director Larry Harmer stated the commission is also requesting permission to have their own retreat before the work session with the council,the date not having been set,which shall be determined in their meeting next week. Councilmember Durbala requested it be in the evening due to his new job.He cannot attend a Saturday meeting until the end of October. There was general discussion by the council as to when the work session could be held and the length of the session.It was suggested they may want to wait until they had received the information on planned developments from staff. Development Services Director Larry Harmer stated they had already compiled a list of suggestions from the retreat and given them to the city manager who will go over it with them individually. There are different options they can proceed with once they have council feedback. Vice Mayor Surra stated she feels the planning and zoning wants to go over those points with the council and make it a combined effort,and that may take more than one meeting. Development Services Director Larry Harmer stated the commission suggested they sit down amongst themselves and "gel"their own thoughts before getting together with council. Vice Mayor Surra stated maybe that should be arranged first. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 17 OF 20 Development Services Director Larry Harmer stated that is what they are suggesting. Vice Mayor Surra stated she has no problem with that. Councilmember Durbala suggested waiting for them to set their date for their meeting in order to make sure it is first. Councilmember Urich stated i f council sets their date,then the commission can go ahead and set the date for their meeting. Vice Mayor Surra stated they would have to meet the deadline.She suggested the Saturday after Councilmember Durbala becomes available for a meeting. Councilmember Durbala stated that would be November 1. There was general discussion by council and staff as the whether the meeting should be on November 1 or 8. It was decided the work session would be on November 1 with staff to make the arrangements at a suitable location. Vice Mayor Surra MOVED THAT A JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION BE HELD ON NOVEMBER 1,1997,AT 8 A.M.TILL FINISH AND IT SHOULD BE MADE AT A CENTRAL LOCATION EASILY FOUND BY ALL MEMBERS;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,SEPTEMBER 15,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 16,1997, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 18 OF 20 Vice Mayor Surra stated the Reader's Digest "Explore America Series of Scenic Highways"has dedicated page 117 to the Apache Trail.It mentions the City of Apache Junction as the beginning of the highway and a place to "launch your beautiful drive". ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:07 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of August 5,1997. 3.Acceptance of Minutes of Special Meeting of August 5,1997. 4.Recognition of Outstanding Service to the Community by City Employees. 5.Council Ratification of Agreement with Salt River Project dated August 11,1997,regarding underground power easement within Tract E of Renaissance Point Unit 2 Subdivision. 6.Appointment to the Superstition Mountains Community Facilities District Board of Directors. ACCEPTED THIS 16TH DAY OF SEPTE,MBER ,1997,BY THE MAYOR AND CITY COUNCIL OF THE—CITY—OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF SEPTEMBER ,1997. Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 19 OF 20 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 2nd day of September,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of September,1997. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,1997 PAGE 20 OF 20