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HomeMy WebLinkAbout2005-06-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 21,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 21,2005,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 Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Interim Development Services Dir.Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 1 OF 26 Others Present: Assistant to the City Manager Amy Malloy Senior Planner Rudy Esquivias Assistant Planner Noel Griemsmann Associate Planner Steve Abraham Associate Planner Charles Beck ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPROVAL BE GIVEN FOR THE REQUEST TO EXTEND CONTRACT NO.PW 2003-10 FOR DIESEL AND UNLEADED FUEL WITH SUPREME OIL COMPANY FOR FY 2005-06,ENDING IN JUNE 30,2006;AND THAT RESOLUTION NO.05-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS,AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION,BE APPROVED;AND THAT THE LICENSE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MESA SENIOR SERVICES RELATING TO THE USE OF THE APACHE JUNCTION MULTI -GENERATIONAL RECREATION CENTER FOR THE PURPOSE OF PROVIDING SOCIAL AND NUTRITIONAL PROGRAMS TO OUR SENIOR POPULATION FROM JUNE 21,2005 THROUGH MARCH 1,2015,BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 2 OF 26 Mr.Steve White,105 N.Delaware,Apache Junction,addressed the council regarding opening up city hall buildings to hang artwork.This would open city hall up as a public forum for free speech.They cannot have a committee determining what artwork is worthy to hang in city hall.just as they cannot determine who can speak and who cannot speak at these meetings.He suggested they do a content neutral lottery system.Every artist would submit their name and address to the city and at certain time periods they would have a lottery,giving everyone an equal chance to hang their artwork.This is based on federal law.However,he thinks there is a better way to do it.In a small community in Idaho they established a community art show.They could do it once a month during the tourist season.He suggested they get together with the Chamber of Commerce.the downtown development organization,and local business people and have them make donations of funds.They could appoint representatives of the community to go through the art show and purchase works of art to hang in city hall.This would take away the legal issue.It would still support the arts in the community.It might establish Apache Junction as an area of artists and increase economic tourism and development.He commented he is one of the leading experts in the field of artists' constitutional rights,mainly because he has been tied up in federal court for the last 3 years.He volunteered his time to get these issues clarified. CITY MANAGER'S REPORT None. PUBLIC HEARINGS ORDINANCE NO.1232,PZ-5-05,PLANNED DEVELOPMENT AMENDMENT REQUEST BY E.BOYCE JASPER TO ABANDON THE ORIGINAL DEVELOPMENT PROPOSAL AT 1081 S.MERIDIAN AND TO PERMIT UTILIZATION OF THE EXISTING STRUCTURE WITH AN EXPANDED PALLET OF USES )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this was a hair parlor for a long period of time.It was rezoned because of nonconforming issues to C-1.The applicant came in in 2004 to do a small courtyard office complex.That purchaser fell through.The current owner would like to abandon the previous development proposal to establish a wider pallet of uses so that the complete REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 3 OF 26 structure can be utilized.It would require any future development to do a planned development request before the council.The same stipulations would apply and staff finds that this request is acceptable.The first issue is to install the walls,trees,and pave the entrance to the site:staff recommends this be required as part of the allowance for this property to continue to be used.The planning and zoning commission recommended approval at their meeting of April 26. Mayor Coleman asked if both stipulations are in the ordinance. Assistant Planner Noel Griemsmann stated that is correct. Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1232 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO.1232,AS READ BY THE CITY CLERK,BE APPROVED. Councilmember Severs SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 4 OF 26 VOTE:Unanimous. The motion carried. ORDINANCE NO.1233,PZ-16-04,PLANNED DEVELOPMENT REZONING REQUEST BY RAND OLSEN OF STALWART PROPERTIES TO REZONE FOUR ±9000 SQUARE FOOT LOTS FROM CB -1 TO CB -1/ PD FOR THE PURPOSE OF APPROVING A SITE PLAN AND ELEVATIONS FOR A 4 -LOT FOURPLEX DEVELOPMENT LOCATED ON THE NORTHEAST CORNER OF 9TH AVENUE AND COLT ROAD )Associate Planner Steve Abraham briefed the council on the item.He handed out directed stipulation changes and some additional stipulations from last night's work session.He described the subject site.The applicant has added some park benches and barbecue grills.Each lot will be separately owned.He described the surrounding area.The CB -1 allows commercial uses and has no'open space requirement.The directed stipulations added are that prior to final building permit approval the developer shall submit to the zoning administrator for review and approval a complete and accurate copy of the CC&R's that will be recorded at the Pinal County Recorder's Office to guide the management and maintenance,shared facilities,parking,drainage,trash receptacles,resident amenities,etc.,of the properties.Stipulation No.9 would be that any future modification of any CC&R's affecting density and maintenance of the property shall be submitted to,reviewed and approved by the zoning administrator.The project could easily be modified to provide condominiums.They would need to comply with a one hour fire rating for the walls and a draft stop.The applicant could make those changes at this time as the permits have not been approved. With the condominium option,if the owner or owners wish to convert them from apartments,they must proceed through the city subdivision process;a planned development amendment shall be required.If the council desires this option be added,staff recommends Stipulation No.11 be added as well which stipulates that no other changes to the condominiums may be made:they must look exactly as they are being shown this evening,including parking and lighting.The CC&R's appear to be extremely detailed:the applicant can comment on any issues.The planning and zoning commission recommended denial of this project by a vote of 6-0 for many of the concerns listed in the staff report. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 5 OF 26 Vice Mayor Eck commented there have been some major changes to the project since the planning and zoning commission recommended denial. Associate Planner Steve Abraham stated that is correct.The applicant has added recreational amenities in the form of two park benches and two barbecue grills and they have roughly tripled the landscaping over what is normally required.They have added two trash dumpsters and fixed the parking problem.They now meet the parking requirement.Most of the concerns of the planning and zoning commission have been met.However,the commission did have a lingering concern over the design of the subject property.although many of their concerns have been answered. Mayor Coleman asked if this one did not have to go back to the planning and zoning commission because there was a less than 10% change. Associate Planner Steve Abraham stated the council could send i t back to the planning and zoning commission for re -review if in the opinion of the council there have been substantial changes.The applicant has responded to planning and zoning commission comments and this is more of a work in progress. Mayor Coleman asked what the limit is that makes it automatic for something to go back to the planning and zoning commission,if there is one. City Attorney Joel Stern stated he thinks that when there is an actual change of use and/or 10% change in the density it would be returned to the planning and zoning commission.In this case,they would have the discretion to do that.However,the issues brought up at the planning and zoning commission were met with this particular new proposal.He does not think the proposal is so new that it would require being sent back to the planning and zoning commission. Councilmember Waldron commented he was concerned about where i t states that the zoning administrator can review and approve the CC&Rs as well as any changes to the CC&Rs.He asked if the REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 6 OF 26 CC&Rs could not be filed if the city does not approve them,or if they could be amended.He wanted to know the city's legal standing regarding the CC&Rs. City Attorney Joel Stern stated because i t is something they are agreeing to,he believes it would be a violation of the stipulations.Technically it would be a zoning violation and it could be prosecuted if they continued to do what they were doing with that CC&R,even if the council does not approve them. Councilmember Waldron asked what the process would be for reviewing the CC&Rs.He added i t appears they would be submitted to development services and they would do an internal review based on use and zoning. City Attorney Joel Stern stated i t would be up to the zoning administrator to determine.He misspoke when he stated the council would make the determination. Councilmember Severs asked what physical changes would have to be done to make these into condominiums. Associate Planner Steve Abraham stated the interior walls of the buildings would have to be modified;a certain amount of sheet rock would have to be added to the walls to prevent fire.A draft stop would also have to be added. Councilmember Severs stated the interior walls would have to be a one -hour fire -rated wall. Associate Planner Steve Abraham stated that is correct. Councilmember Severs asked if there is any way that could be required now.He has been told the applicant does not plan on selling them as condominiums right now,but they are going to sell them to four individual owners.I t is unknown what those four individual owners may want to do in the future.It would make sense for that to be done now,that way they are covered in the future should they decide to make them into condominiums. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 7 OF 26 Interim Development Services Director Dennis Dixon stated the one -hour fire -rated wall is already required. The draft stop is what would have to be added;they are basically partitions in the attic to keep smoke and hot gases from traveling from one area to the next. Councilmember Severs asked if that would be a major expense. Interim Development Services Director Dennis Dixon stated it would be if it had not been done while it was being built. City Attorney Joel Stern stated he does not believe that should be in the stipulations as i t is not really a zoning matter.He thinks the building official would get involved if they were to change the zoning;that involves material and setback issues. Interim Development Services Director Dennis Dixon stated that in the past when these issues have come up he reviews the plans and he makes determinations on what is required and the criteria needed. Councilmember Sippel asked how many fourplexes are out there.They have so many and so few of them are switched to condominiums. Interim Development Services Director Dennis Dixon stated he could only think of one. Councilmember Sippel commented he understands what Councilmember Severs is saying,but there are so many fourplexes out there.He does not want them changed to condominiums.He would like them to be sold off to individual owners who will keep them as fourplexes and generate a monthly income. Councilmember Severs stated the trend is going the opposite direction right now. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 8 OF 26 Councilember Sippel stated i t is not doing so here. Councilmember Severs stated it was the exact same situation with Four Peaks.Real estate agents and brokers are saying that condominiums are the trend.He sees i t happening a lot more in the future and he believes if they have the opportunity to save someone a lot of time and hassle in the future,it would be nice to do that. Vice Mayor Eck agreed,but stated i t is up to the applicant to do that if they so choose. Mayor Coleman requested the applicant address the council. Mr.Dustin Jones,Snell & Jones law firm,addressed the council.He commented he has never had to represent a client in the past that had a recommendation of denial from both staff and the planning and zoning commission on a project.His introduction to the case was approximately one month ago when he came to the work session.There were a myriad of issues raised by council that he agreed with.He advised his client to set up a meeting with staff to resolve these concerns.In the interim they have had 2 work sessions and 2 meetings with the planning staff,the engineering department and the city attorney.They think they have done everything they can to fix the errors presented to the planning and zoning commission.His client had been unable to attend the planning and zoning commission and therefore had been unable to address the concerns at that meeting.One of the concerns was to record CC&Rs on the property.The property has 4 individual lots that will be tied together by CC&Rs and deeds that will be recorded on the property as if it was a town home or a condominium project.The deed will tie all the properties together through that covenant,and in that covenant you have certain use restrictions and limitations that are governed.An association will be formed like a homeowners association,only it will be called a unit association.At this point the applicant only has one buyer,and that buyer will buy all 4 units. The potential is there for one of them to be sold off.They can control the uses,restrict the uses and govern the CC&Rs.The four owners will have to pay their assessments.The CC&Rs govern the parking,refuse collections sites on the property,landscape maintenance,and architectural design guidelines. The design of the buildings has been submitted to staff and is under review. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 9 OF 26 This is the design added since the last meeting.They have added some stone veneers to the building to give i t some aesthetic value.They have also offered to be part of the crime -free program.They have landscape restrictions on the site,other use restrictions are proposed,no recreational vehicles such as boats will be able to the parked in any of the parking lots on the outside of the property.there is a noise and nuisance restriction,no outside clotheslines,and no planting of their own landscaping.This is a single family dwelling project.I t is not on a large scale in terms of the impact.Staff has proposed a number of additional stipulations since last night's work session that would require that if there is any change in the density or the maintenance of the site that the zoning administrator approve those.The applicant has no objection to that.He is there tonight to allay the concerns of the council,tie the project together,resolve all the issues with the CC&Rs,and give the city as much leverage as i t needs.I t is unconventional for a city to review CC&Rs for development,and even more so that any amendments to them would have to come back to the city.They are willing to work with the city on that and comply that the amendments come back to the zoning administrator.He appreciated the time spent by staff and council to reach this point.He admitted that condominiumization is very hot in the real estate market right now.This project is not being contemplated for that kind of development.To do so,they would to go through a subdivision process and do a plat.That plat defines air space and gives a legal description to each unit.In some cities those plats have to go back to the city council for approval:there is an opportunity for council to review and determine if the codes are being met and the fire walls are completed.I f the council does not hear these,then there is an administrative process here that would take place.They have no objections to the proposed stipulations. He requested their approval of the project. Councilmember Waldron commented he has a concern over the ownership.If one person owns three buildings and another owns one building,obviously the person with the three buildings can outvote the one owning one building.He asked what is in the CC&Rs to prevent that owner with the three buildings from building a fence between his buildings and the one building,which would leave only a small gate for someone to walk through with their garbage. Mr.Dustin Jones stated the zoning will not allow for an erection of a wall between the properties.Tonight they REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 10 OF 26 are requesting relief for that wall between the buildings.Walls would not be permitted under the zoning that would be approved tonight. Councilmember Waldron stated he is still concerned about the ownership part of it.He asked if there would be protection in the CC&Rs for that person who would be continually outvoted i f one person owns one building and another owns three that would prevent the one person from making changes that the one building owner does not want. Mr.Dustin Jones stated the CC&Rs as drafted contemplate 75%in order to make any changes.He does not know how that can be resolved short of making it unanimity.They would have to have a unanimous vote at all times which presents stalemate types of situations.He pushed for the 75%so that they would have at least three of.the properties included versus just a majority of two.He believes that the larger concerns of maintenance and density changes would be resolved by the stipulations being proposed by staff where it would have to come back to the zoning administrator.Architectural changes and design guideline changes have not been proposed to go to staff,but that could be included as well if the council desires.Currently,if the owners wanted to paint the buildings pink, the city would not have any leverage.To prevent that,the city could have the design guidelines come back to the city.I t is unusual for a city to be involved in a private party discussion and negotiation,but they can do that if the city wants to add that into the stipulations.They do not want to put the zoning administrator into the position of having to micromanage. Councilmember Waldron asked if those stipulations are written in the draft ordinance. Mr.Dustin Jones stated they are the stipulations that were distributed this evening. Councilmember Waldron asked if the stipulations are in the draft ordinance. Associate Planner Steve Abraham stated they are. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 11 OF 26 Mr.Dustin Jones stated he saw them tonight before the meeting and they have no objections.They will add more teeth to the CC&Rs. Mayor Coleman stated they have had instances in the past where they have had CC&Rs with developments and the city has found that the city had very limited power if those were not enforced. However,they are not trying to look for additional work for staff. Mr.Dustin Jones asked if the density and maintenance were the only two that they wanted to have come back to the zoning administrator.He cannot contemplate the density increasing as these are fourplexes on four properties.Pursuant to the stipulations, maintenance would be the only thing the city would have any jurisdiction over. They would be amenable to anything else the city council would like to have come back to the zoning administrator regarding changes to the CC&Rs. Mayor Coleman opened the public hearing on the item. Mr.Louis Babin,2191 S.Belair Road,Apache Junction.addressed the council.He is a member of the planning and zoning commission.He commented his vote for denial was not for what was proposed this evening.This looks a lot better than what he had been shown. He wished these stipulations and changes would have been presented to the planning and zoning commission,as he might have rethought his decision.As this is a planned development,they look at the quality of the development itself.There were some concerns that he had with this property,but what he sees tonight is different from what he saw and i t looks better than what he had previously seen. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Dietz stated he is concerned about the sharing of the trash,the barbecues and amenities.If one person owns three and he does not like the other owner,he could prevent him from using the trash can or the barbecue.It could be a problem. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 12 OF 26 Councilmember Sippel agreed. Vice Mayor Eck asked if they could enforce that under the CC&Rs. City Attorney Joel Stern stated the city does not enforce CC&Rs.He has not had the opportunity to go through them yet.There could be some enforcement through code compliance if they are zoning issues.But it could be a challenge to enforce them.He does not believe there is any case law on it,or an absolute statutory prohibition on it.The city could make some case law as i t has in the past. Vice Mayor Eck commented there is a feeling of concern about this project.They have made tremendous accomplishments with what they have changed from where they began.There definitely is some risk in approving it.He believes they have done enough in his mind for approval.There is definitely that concern about a majority owner and what could happen in the future. Councilmember Severs commented i t concerns him that they had the opportunity to make a big difference for someone in the future.They have already gone through the situation where i f they want to be condominimized,they will waive the process of planning and development. Vice Mayor Eck commented he believes they would have to rezone and go subdivision if they want to condominimize. I t is a zoning issue. Councilmember Severs stated if they add the venting into one of the stipulations there would be no problems in the future.I t is easy to make that change now.They have the opportunity to save someone a lot of time and money by having them do i t now,just in case.• The applicant has stated he does not have a problem doing it. Mayor Coleman asked if the applicant would have a problem adding that as a stipulation. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 13 OF 26 Mr,Dustin Jones stated they have a list of stipulations and they have no objection to it.They also have no problem with a stipulation regarding adding the venting. City Clerk Kathleen Connelly stated she believed the first stipulation on the handout should actually be number six. Mayor Coleman asked if the other ones were correct. City Clerk Kathleen Connelly stated they are. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1233 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1233,AS READ BY THE CITY CLERK,BE DENIED. Councilmember Sippel SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman,Vice Mayor Eck and Councilmember Severs voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 14 OF 26 ORDINANCE NO.1234,PZ-4-05,A REZONING REQUEST BY EDWARD ENG AND YUYIN (DAISY) CHEN TO REZONE A 2 -GROSS ACRE PARCEL FROM GR TO R1-43/PD LOCATED ±660 FEET EAST OF THE INTERSECTION OF ROYAL PALM AND JUNCTION ON THE NORTH SIDE )Associate Planner Steve Abraham briefed the council on the item.He stated the project is located in a low density area as designated on the general plan.He described the surrounding area.The applicant wishes to split the lot into two equal lots.Staff and the planning and zoning commission are recommending a variety of stipulations be included with the approval of this request.The standard provisions of the R1-43 base zoning district shall still apply;the minimum lot size shall be 1 gross acre:the owner shall dedicate to the city engineer's standard any necessary rights -of -way,both internal and external to the site;and if the current mobile home on the site is removed or destroyed,it would have to be replaced with a conventionally constructed dwelling.Planning and zoning recommended approval unanimously.Staff also recommends approval. Councilmember Dietz asked if the mobile meets the required setbacks. Associate Planner Steve Abraham stated it does.The R1-43 has 10'setbacks. Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1234 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 15 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1234,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1237,PZ-8-05,A REZONING REQUEST FROM CB -2 TO C-2/PD FOR A TWO- STORY RETAIL/OFFICE BUILDING AT THE NORTHEAST CORNER OF OCOTILLO AND APACHE TRAIL WITH SEVERAL DEVIATIONS FOR SETBACKS,PARKING AND SIGNAGE BY MITCHELL FOX )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this is the vacant parcel in front of the Kachina Square parcel.He described the surrounding area.There are 18 parking spaces for Kachina Square encroaching onto the applicant's property.If the applicant put up his fence.Kachina Square would be below its parking standards.The applicant is working with the property owner to accommodate him.The plan calls for a 2 -story structure of about 1,500 square feet of retail space.They are trying to integrate as best as possible the existing Kachina Square development to create a more uniform look.Access will be from Ocotillo Drive.They will add 30 parking spaces to support the retail users for this site.They will add an access back onto Apache Trail utilizing the Kachina Square development's parking lot.Additional detailing such as window popouts,wood awnings,and other elements have been added to the original elevations shown to planning and zoning.The request is in compliance with the general plan.The first deviation is in regards to parking spaces;the site provides 30 which will support all retail in the site.If office uses are desired,additional parking will be needed, depending on how many office uses are put in.If the entire site is office REGULAR MEETING OF THE CITY COUNCIL JUNE 21.2005 PAGE 16 OF 26 use,the required parking would be 60 spaces.Kachina Square could provide additional spaces,but they appear to be close in their parking requirements. Staff recommends that any parking beyond the 30 spaces be allowed to be provided by Kachina Square,conditional on a full parking count being done for both sites to insure compliance.The front yard setback is typically 20';the applicant is requesting a 5'front setback.The side yard setbacks are 10'. Due to the open space of Ocotillo on one side and the parking area on the other,it does not appear to be a burden.The 5'setback is compensated by an additional 35'of open space in the right-of-way which will have to be landscaped.There is not much of an impact there.Staff recommends approval. The final request is a monument sign.They are requesting a shared monument sign by eliminating the spaces for the cross access.Spaces would be added where the existing Kachina Square sign is currently erected.This would unify the development.Staff also recommends approval of this request.Planning and zoning commission voted to approve the request. Mayor Coleman requested the applicant address the council. Mr.Ken Eller,3922 E.University Drive,Suite 6,Phoenix,the architect on the project,addressed the council. The owner is unable to attend.He intends to fill the building with retail; that is where he would get his best price for the square footage.He would like to have flexibility if a potential tenant comes in with an office.They would like Kachina Square to be the office building and this building the retail building. Councilmember Dietz commented he thought they put together a beautiful project. Councilmember Insalaco commented i t is better than seeing that lot empty as i t has been for 25 years. Mayor Coleman opened the public hearing on the item.There being no on 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. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 17 OF 26 Councilmember Dietz MOVED THAT ORDINANCE NO.1237 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1237,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break Mayor Coleman reconvened the meeting. ORDINANCE NO.1236,PZ-2-05,CITY- INITIATED REZONING OF 17.5 ACRES AT THE NORTHEAST CORNER OF US 60 AND TOMAHAWK FROM TH TO TH/PD )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this is a portion of the annexation of the Four Peaks development.This will eliminate manufactured homes and recreational vehicle parks as an option on the property until some future commercial development comes along.Future development will have to come back to the council in the form of a planned development amendment. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 18 OF 26 Mayor Coleman requested the property owner to address the council.The property owner declined.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. Vice Mayor Eck commented he believes this is a tremendous project for Apache Junction. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1236 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO.1236,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-18,PRELIMINARY PLAT FOR BROADWAY AND SAN MARCOS SINGLE FAMILY HOMES,SD -5-04 )Associate Planner Charles Beck briefed the council on the item.He described the surrounding area.This REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 19 OF 26 property could have been an apartment complex but the applicant came in with a product to alleviate that situation.The planning and zoning commission voted for approval 4-2.The preliminary plat is almost identical to the rezoning planned development that the council had already approved.I t is a gated community with 84 lots,private streets,setbacks,a one -phase development with single and two-story homes,a minimum of 5 model types with 3 elevations, and 4 -side architecture.The two-story homes will not be located along the north and west boundaries of the development.Floor plans range from no less than 1,300 sq.ft.to 2,000 sq.ft.with typical building lot detail setbacks of 5'on the side,10'on the front and rear,and 18'setbacks for garages. There have been discussions on adding more details on the elevations and those are stipulated in the ordinance,such as the garage door being nonreflective with architectural treatments such as windows,and for 2"deep popouts to be added to the windows.Liberty Homes is the home designer and they still wish to work further in developing the architectural features.The development exceeds the required recreational amenities.A pathway runs between the middle connecting all the ends of the development and serving as open space. There is access to the developing city trail pathway system along the outside of the area.I t is stipulated to be maintained by the homeowners association. Staff recommends approval. Councilmember Dietz asked if this is the property they had discussed earlier about the two-story lots not being on the west side because they would abut up to Renaissance Park. Associate Planner Charles Beck stated that is correct,and i t is so stipulated that they will be single story on the west side. Mayor Coleman asked if the entire perimeter would not have two-story homes. Associate Planner Charles Beck stated two -stories are permitted on Broadway.They will not be permitted on the north and the west boundaries of the property. Councilmember Severs commented he thought they were requiring 4 -sided architecture on everything.He had been looking at some of the elevations'sides and backs that have literally no detail. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 20 OF 26 Associate Planner Charles Beck commented they asked for proof of 4 -sided architecture.Three of them in the packet were added on to at the workshop.I t is stipulated that they have to do that.Staff will make sure i t is done. Mayor Coleman requested the applicant address the council. Mr.Rich Lewandowski,Can -Am Engineering,representing William O'Brien of Republic Homes,addressed the council.Nothing has changed in the layout from the rezoning case.He requested their approval. 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. Vice Mayor Eck commented developers are starting to get creative with the infill property,which is what has occurred here.I t looks like a beautiful project. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT RESOLUTION NO.05-18.A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY PLAT FOR A RESIDENTIAL SINGLE FAMILY SUBDIVISION IN CASE SD -5-04 BY RICH LEWANDOWSKI,REPRESENTING REPUBLIC HOMES.BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1236,AMENDING CHAPTER 4 FEES.ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 21 OF 26 Councilmember Insalaco SECONDED THE )Parks and Recreation Director Jeff Bell briefed the council on the item.He stated the proposed fees for the multi -generational center have been discussed on several occasions over the past couple months.This ordinance will amend their fee schedule to include these new fees. 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 Waldron MOVED THAT ORDINANCE NO.1235 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. Councllmember Dietz SECONDED THE City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO.1235,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 22 OF 26 ACQUISITION OF RIGHT-OF-WAY ON DELAWARE DRIVE BETWEEN BROADWAY AND APACHE TRAIL ) )City Engineer Ron Grittman briefed the council on the item.He stated this is the final acquisition of right-of-way from 5th Avenue Estates for the Delaware project.The city will be moving two units.We are acquiring 30'of right-of-way.There is a summary and analysis in the packet. Mayor Coleman opened the item for council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT THE PURCHASE AGREEMENT FOR RIGHTS -OF -WAY ON DELAWARE DRIVE BETWEEN THE CITY OF APACHE JUNCTION AND 5TH AVENUE ESTATES IN AN AMOUNT NOT TO EXCEED $150,000.00, $75,000.00 TO BE PAID FROM CURRENT YEAR'S BUDGET AND $75,000.00 TO BE EXPENDED FROM FY 2005-2006 BUDGET,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS CHANGES TO TIME ALLOWED FOR SPEAKERS AT CALL TO THE PUBLIC AND PUBLIC HEARINGS ) )Councilmember Sippel commented this was discussed last night.Because we are in the new building and we are getting ready to get online and start recording the council meetings,he would like to look at what other cities and entities are doing as far as call to the public and the time allowed.He would like to see how the city fits in with the researched information. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 23 OF 26 Vice Mayor Eck commented he would also like to know where call to the public is placed on the agenda. Councilmember Sippel agreed. City Manager George Hoffman stated Councilmember Severs has some ideas he would like to discuss about the agenda. If it would be a friendly amendment as direction to staff,possibly they could do all those things at once rather than waiting.The next work session will be in July.He asked i f it was too far off the agenda to talk about. There was general discussion between the city manager and the city attorney regarding if this could be discussed at this time.The city attorney determined it could not be discussed at this time. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO TIME ALLOWED FOR SPEAKERS AT CALL TO THE PUBLIC AND PUBLIC HEARINGS:THAT STAFF TAKE SOME OPPORTUNITIES TO LOOK AT WHAT OTHER CITIES AND ENTITIES ARE DOING FOR CALL TO THE PUBLIC AND THE PLACEMENT OF CALL TO THE PUBLIC ON THE AGENDA,AND THAT IT BE BROUGHT BACK TO US IN THE NEAR FUTURE. if he also wanted public hearings. BE ON BOTH. City Clerk Kathleen Connelly asked Councilmember Sippel stated IT WOULD Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES.LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 24 OF 26 Councilmember Dietz stated there will be no work session held on Monday,July 4,2005.in observance of Independence Day holiday,and MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 5,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman stated there was a Central Arizona Association of Governments meeting last Friday up in Payson.The meeting and executive sessions were long.It was the first meeting of that group that felt like a Maricopa Association of Governments meeting,as it was very cutthroat.We are going to go through some of those growing pains as we continue to get bigger. Vice Mayor Eck commented he sat through the previous meeting in Superior. They had the same types of issues and he got the same feel. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:33 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 7,2005. 3.Approval of Request to extend Contract No.PW 2003-10 with Supreme Oil Company for FY 2005-06,ending on June 30,2006. 4.Consideration of Resolution No.05-19,Authority to submit a Transportation Equity Act for 21st Century (TEA -21)Round 13 grant application. REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 25 OF 26 5.Consideration of license agreement with Mesa Senior Services for use of Multi -generational Center. ACCEPTED THIS 5TH DAY OF JULY .2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH ATTEST: KATHLEEN CONNELLY City Clerk DAY OF JULY ,2005. DOUGLAS COVEMAN 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 21st day of June,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of June.2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 21,2005 PAGE 26 OF 26