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HomeMy WebLinkAbout2005-10-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 4,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 4,2005,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eck called the meeting to order at 7:01 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Mayor Coleman was out of town.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Assistant to the City Manager Amy Malloy Others Present:Associate Planner Steve Abraham REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 1 OF 43 Senior Planner Rudy Esquivias City Magistrate David Alexander ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT TERRI PARKER BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,2006;AND THAT THE PRE -ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CAX RANCHO MIRAGE,L.L.C.SETTING FORTH THE TERMS UPON WHICH THE DEVELOPER WILL DEVELOP A MOBILE HOME PARK AND WILL MAKE STREET IMPROVEMENTS TO ADJOINING PUBLIC STREETS INCLUDING BASELINE AVENUE AND CORTEZ BE APPROVED;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT RESOLUTION NO.05-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,EXPANDING THE BOUNDARIES OF THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO ALLOW SEWER SERVICE TO BE PROVIDED TO RANCHO MIRAGE MOBILE HOME PARK LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,BE APPROVED;AND THAT THE FY 2005-2006 PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND VARIOUS HUMAN SERVICES AGENCIES FOR A TOTAL AMOUNT OF $100,000,WITH THE AGREEMENTS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION IN THE FOLLOWING AMOUNTS:APACHE JUNCTION REACH OUT FOOD BANK,INC.$20,000;BOYS AND GIRLS CLUB $20,000; CATHOLIC COMMUNITY OF ST.GEORGE $10,000;COMMUNITY ACTION HUMAN RESOURCES AGENCY $10,000;AND MESA SENIOR SERVICES $40,000,BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS;AND THAT RAY SODEN BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2008. Councilmember Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly commented they had two interviews last night for the sewer district board. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 2 OF 43 Councilmember Waldron asked if there were one or two positions. Vice Mayor Eck commented i t shows one in the packet. City Clerk Kathleen Connelly stated there are two positions.Staff only had one of the applications at the time the packet was put together. Councilmember Waldron AMENDED HIS MOTION TO CONRAD PISINSKI BE APPOINTED TO SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7, 2008;AND THAT RAY SODEN BE APPOINTED TO THE TERM TO EXPIRE JULY 7,2010. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Steve White,105 N.Delaware,Apache Junction,addressed the council regarding artistic expression at city hall.He commented there was a spontaneous burst of it here today.He thinks everyone enjoyed the artwork in the garden area out in front of city hall that a handful of them put up.He and two other artists did a walk through with Amy Malloy of the city hall complex.They took photographs of each space and numbered them.They will be putting together a website where those spaces will be listed.He hopes they will use this project as a way to reach out to kids in the schools,from grade school through high school,and promote their artwork.He commented if they combine the artist data base with the Chamber of Commerce,they could do a survey of the businesses who would be interested in supporting the arts at REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 3 OF 43 their businesses.He thinks marrying the business community to the arts community would be very beneficial for everyone. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council regarding Oktoberfest.They will be having an all -German all the time food and music from 11 a.m.to midnight on Apache Trail.On November 8 there will be a vote for the .5% transportation tax;he encouraged everyone to vote for the tax. He recommended Terry McDonald for the permanent police chief position;he and Steve Campbell did the job that was required to straighten this out and his neighbors,fellow workers,and business people all recognize he is probably the best choice.They had a successful business forum at the college on September 29;he thanked Councilmember Severs for attending to represent the council.He thanked Sandie Smith for getting right on the problems he mentioned in the paper regarding Ironwood Drive.Starting Wednesday the road will be made a lot safer for all the citizens in the area. Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho,Apache Junction, addressed the council.She stated they have northern economic development coming before them.local .economic development coming before Pinal County,and the difference in Pinal Partnership.Pinal Partnership is working on regional issues with the development community as well as the design community,the engineers,the attorneys and the people that own the land.The economic development portion will extend that further and take care of local issues for economic development.I t is very important and it will be the third one in the county;one for the eastern part,one for the western part and one for the this area.I t is even more vitally important as they go forward with the land the city will be developing with State Land.They need to set in place economic development and diversification.They cannot just keep building homes.The other issue she wanted to address was her meeting today with the Arizona Department of Transportation.It was a pleasant experience.The county is basically getting everything that they have asked for.The line recommended from Interstate 10 to US 60 has not been recommended.I t is the one coming from Hunt Highway;there is no room to put that one there.They still have to work on east/west corridors.There were a lot of people from Gilbert who were there to voice their problems with it.They had people from Queen Creek,Apache Junction,Florence,Superior,and Pinal County at this meeting who worked as a unit and it made a difference.They told them the timeline was 30 years,but they will be bringing the need to them much sooner than that,including the right-of-way and partners to help fund what they are asking for.She asked that they be ready as they will not be able to wait 30 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 4 OF 43 years for them to put in the routes.She believes they understand that.She believes they also understand that they are not just telling them to come and build roads,but to come and build a spine;the major roads that will be going through there.The cities and county will be building the ribs and arteries. They need to work as a team. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented two of the items that are on the Arizona Department of Transportation staff report are items specifically brought up with the council's recommendations that were based on community input,especially during the Arizona Department of Transportation meeting that was held here in the city.He will be asking the city engineer to come forward at the next work session and get them up to speed with the presentation that was presented at the Arizona Department of Transportation Board. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT. INDIVIDUAL.SERIES 12 LIQUOR LICENSE FOR VASQUEZ MEXICAN RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item.She stated this restaurant was previously under the title of Escondido's.The packet contains reports from zoning and the police department,both of whom have no objections.Mr.Vasquez is in the audience;his son will interpret for him if there are any questions. Vice Mayor Eck requested the applicant address the council.The applicant declined.There were no questions from the council.Vice Mayor Eck opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilmember Severs MOVED THAT THE REQUEST FOR AN INTERIM PERMIT.INDIVIDUAL,SERIES 12 LIQUOR LICENSE FOR VASQUEZ MEXICAN RESTAURANT SUBMITTED BY ENRIQUE VASQUEZ BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 5 OF 43 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1248,CASE PZ-15-05, REZONING REQUEST BY AZIZ HELAL TO REZONE 1.85 ACRES AT OR ABOUT 265 N.IRONWOOD FROM GR TO C-2/PD AND CR-5/PD TO CONSTRUCT A MIXED USE COMMERCIAL/RETAIL AND RESIDENTIAL CONDOS DEVELOPMENT )Senior Planner Rudy Esquivias briefed the council on the item.He stated the GR zoning is single family residential on a 1.25 acres with horses permitted.Mr.Helal would like dual zoning to develop a mixed -use development site.He would like to rezone the west half of the property to C-2/PD with the back portion being rezoned to CR- 5/PD.C-2/PD is a commercial designation:CR-5/PD is multi -family zoning.He described the surrounding uses.The general plan shows the area as being within proximity to our commercial/retail opportunity areas.I t is on a major street.The applicant believes this is an appropriate use for the property. The intensity of the development includes 14,000 sq.ft.of retail:they are two-story buildings.The two buildings have 4,500 sq.ft on the first floor and one has 2,000 sq.ft.on the second floor and the other has 3,000 sq.ft.on the second floor.The residential component consists of 22 condominium units. Several people from the neighborhood spoke at the commission meeting,some in opposition and some just had questions.The basic concerns were drainage issues and intensity of development on the site.The engineering staff has been working closely with Mr.Helal to resolve the drainage issues.There is a major drainage feature that comes in and how that will be resolved,how water will be retained on the site and how the historic flows can be accommodated are being studied.The neighbors have commented the drainage may not come from only one direction and they wanted to make sure that we addressed the engineering issues as best as possible.Some people felt there was too much being proposed on a 2 -acre site.They are concerned about the multi -family element in particular.These are not rentals.They will be individually owned condominiums.There were comments about other rental properties on the street that have basically deteriorated and the neighbors are concerned that something similar may happen here.Because they are REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 6 OF 43 adjacent to residential on 3 sides,Mr.Helal is required to build an 8'wall on 3 sides of his development.There will be no connectivity between the commercial site and the existing residential and adjacent uses.There will also be landscape buffers to further screen the development from surrounding properties.There were also questions about parking;whether there is enough parking and what the count is.The council asked the same question at the work session.He stated there are some options they might think about. First,the stipulations in the ordinance request that the first floor be all retail.I t is important because they recognize they have a limited development site:some uses are not conducive to the size of the site because they require a lot of parking.Parking regulations require one parking space for every 400 sq.ft.of area,which means the first floor commercial portion requires 22.5 parking spaces.The second floors have options.The latest concept shows only 5,000 sq.ft.so all of the parking spaces shown in one area were overcalculated.They should be less than what has been indicated.This basically means that there is enough parking on the site to accommodate all of the commercial as proposed.There are 22 units of residential proposed. Parking requirements are 2.33 parking spaces per every 2 or more bedroom units.The parking requirements were revised in the last 6 months to accommodate guest parking in some of the multi -family developments.I t used to be 2 parking spaces.This development requires 51 parking spaces; currently the applicant has 44 parking spaces.I t is basically 7 parking spaces short.However,he is proposing to have a mixed use shared parking arrangement.The parking spaces that are missing in the residential component of the site for guests will be allowed to park in the commercial portion of the site.Again,he has more spaces than he actually needs in the commercial area.There is more than enough parking.They could also condition,in order for the shared parking to work,that the second story be all retail or be half retail and half office.Staff is recommending the revision of condition two to read "the final design of the project shall show a compliant number of parking spaces for the commercial component of the site.All uses of the first floors of the commercial buildings shall be of a retail nature.Uses of the second floors of the commercial buildings shall be either all retail or half office/half retail.Guests to the residential component of the site shall be allowed to park in the commercial parking areas".He recommended they add a condition number seven which was inadvertently left off the ordinance.I t is a standard condition;it could be added now or at the time of the plat,and i t is "At the time of platting the property owner shall create a perpetual right of ingress/egress,utilities,and drainage between the two components of the site".That solidifies the shared parking concept REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 7 OF 43 once again and the right for the residents and their guests to drive across the commercial portion of the site.The Planning and Zoning Commission voted 5-1 in favor of the proposal;that was under the old,more intense version of the site.The person who voted against i t had similar concerns to the neighbors.He has received a couple of phone calls since the last work session.He apologized to some of the people who lived on Gold;he may have made some comments about their neighborhood at the last work session that were not complimentary and he thanked Mrs.Richards for bringing it to his attention. Councilmember Sippel commented their department usually comes out with great work to make a piece work.There are minor changes to this one from when they saw it at the work session.The parking was an issue,but he thought the parking was an issue in the residential area.Looking at this,i t is still an issue.He does not see how the residential area will work at all.The trash is at the end on one side so people have to walk all the way down.If,by chance,a car is parked on that street,he would be surprised to see a trash truck driver back all the way up and hopefully not hit a car,get all the way back,turn around and come back out.That is his observation. Vice Mayor Eck asked if he had a picture showing the adjacent properties. Senior Planner Rudy Esquivias showed him a picture of the adjacent properties. Vice Mayor Eck stated he has the same concern about density that he had at the work session.I t is a major impact on the current residents and the surrounding neighborhood.The density has been changed drastically. Councilmember Insalaco stated they would be putting 22 families in condos on less than 2 acres.He asked what would stop an investor from coming in and buying 3 or 4 of these and renting them out.The people who have paid money to buy it would have to live next to a renter.They also have to drive through a commercial area to get to their home.I t is too much for this little piece of property.To have all this congestion and families living in this area and everyone around them would have to look at that.He thinks this is terrible planning.He understands i t REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 8 OF 43 is not reflective of staff,as they have tried to help the people out,but this is terrible. Senior Planner Rudy Esquivias stated that the CR-5 zoning regulations allow a density of I unit per 2,000 sq.ft.of lot area.An acre lot is 43,560 sq.ft.,so it would allow that density today without any special planned development. Vice Mayor Eck commented i t is the transition. Councilmember Dietz commented anyone could come in and build those. Senior Planner Rudy Esquivias stated they could not under the current zoning.Currently they could only put on one home or a manufactured home and horses. Councilmember Insalaco stated he does not have a problem with the retail or commercial,but to mix those two on 2 acres he does not agree with. Vice Mayor Eck commented he thinks they have been moving in that direction and they have seen some projects that look good.Some projects have looked good.and he is not saying that this one does not.They have the philosophy of mixing the two.But they look at each individual one and its location to current residents. •Councilmember Severs agreed that i t is a lot for this small of an area.He got the opportunity to speak to the applicant on this one.He was amazed at the way he addressed every issue that has been brought up to him.The area will be better than it ever has been regarding the drainage issue if he does the project.He is also willing to address the drainage issue everywhere else.He met with the fire chief and the fire chief had no problem with the short distance the truck would have to back up if they even had to. Councilmember Sippel asked him to repeat that. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 9 OF 43 Councilmember Severs stated he was worried about trucks going in. Councilmember Sippel commented such as a garbage truck. Councilmember Severs stated he was concerned about a fire truck going up the center and having to make a left to put out a fire in the end unit.He met with the fire chief.I t is supposed to be 150'from the "T"to the end.The fire chief stated he had no problem as they do worse than that all the time.They have also put the trash receptacle down at the short end.He reduced in size to meet the parking regulations and the new trend is going towards the residential and commercial together.The three things that make up a city to make it successful are live,work and play.If you can do the 3 in generally the same area,i t is a formula for success.He sees that here.I t is not perfect,but it could be good.He thinks i t is something that could be a good thing and he has bent over backwards to address every situation that has been brought up to him. Vice Mayor Eck requested the applicant address the council. Mr.Aziz Helal,265 and 293 N. Ironwood,the owner of the lots,addressed the council.He started the project about six months ago with the idea of bringing something new to the city that has been proven successful in other cities.He is an investor in the city.He owns 16 units elsewhere that are currently condominiums for rent.He screens his tenants very well so he has vacancies because he does not allow anyone to just rent them.The previous neighborhood was kind of low income but now it has become a good neighborhood.The properties are worth more.Every one of the fourplexes that exist have had the tenants bring something to the neighborhood.They refurbish them inside and out.They have brought something new to the neighborhood and hopefully a new concept to the neighborhood.They are trying to get the neighbors themselves to work for a better community.He understands that this project has been done for townhomes that have to be sold.These are not cheap townhomes that could be sold for $100,000 that anyone could buy.He listened to Mr.Insalaco whose concern was that someone could buy 3 or 4 units and rent them out. Economically that would not work.The person would not be able to get the rent that is required to make the payments for those homes.He is not saying REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 10 OF 43 100% of them would go to individual owners;possibility one or two would go to investors.But there will be a homeowners association requiring them to maintain the entire project.It does not matter who lives there or what kind of people they are.These townhomes will be priced from approximately $172.000 to the low $200,000s.Someone who will invest that much money into a piece of property will not let it go to waste as i t is something they have invested everything that they have.Hopefully that will keep the riffraff out and the neighborhood will be brought up.Now their houses are worth more because of this development.Hopefully it will increase the value of the properties and in the way that they live. Vice Mayor Eck asked if staff advised him to talk to the neighbors first to see if he could get some neighborhood buy in on this project. Mr.Aziz Helal stated they did.He is sorry he could not speak to everyone on their own time. Vice Mayor Eck commented it was just a suggestion. Mr.Aziz Helal stated he did speak with Ray on Sunday and he had previously spoken with his representative,Mary Richards at the church.They came to the last session,they had some concerns and they spoke.He explained that what he is proposing is something that will fix the drainage problem in the neighborhood itself,which will protect the church from flooding now or in the future.There will be a wall on the south side of the property.The 8'wall on the east side will have weep holes to allow those neighbors'water runoff to flow onto his property and be redirected onto Ironwood,hopefully solving their problem.The existing wash is a 3'sandbar with an almost 45 degree slope with lots of bushes and trees in its path.They are proposing a clean wash with a grass area for the children to play in when i t is not raining.It will provide a clear way for the wash to flow with no problems.They propose to work with the city and the city engineer regarding the drainage.They have devised a lot of things on the side over the last 3 to 4 months to provide adequate channeling for a 100 year storm for that wash. Vice Mayor Eck commented his biggest concern is the density issue.Currently one could put horses on the property REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 11 OF 43 and the neighbors may be fine with horses.I t is difficult trying to determine at what point they would make the transition to a higher density. He does think i t is a nice project. Mr.Aziz Helal stated he could understand that,but one has to look at the location of the project as i t is on Ironwood.Ironwood is a major street.In any city one could see multi- family homes and commercial projects on those kinds of streets.They would like to set the scene for future developments on that street in a way that would bring income to the city.This development would provide at least 40 to 50 jobs to the community.The townhomes would be paying property taxes. Whenever the property is evaluated more,there will be higher taxes paid to the state and city on those. Vice Mayor Eck commented they do not have a city property tax. Councilmember Sippel asked if the city engineer had been a part of the project regarding the drainage. City Engineer Ron Grittman stated Stan has talked to him a couple of times about this. Councilmember Sippel commented he is concerned about being able to turn a car around.He asked what the distance was between the sidewalks. City Engineer Ron Grittman stated i t is 24 feet. Councilmember Sippel commented they had a similar conversation this weekend about roads. City Engineer Ron Grittman stated that in his role as an advisor to the city council,he can see where there are some genuine problems with any private streets.Homeowners that are put in charge of trying to maintain those do not understand what it takes to maintain asphalt and roadways.He is not an overall fan of private streets.If the council chooses to make private streets permissible,they will do everything they can to implement standards to make sure that they are constructed to a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 12 OF 43 city standard that they can accommodate sometime in the future in case the citizens come back to the city in the future and want the city to take over the street. Councilmember Sippel asked if the residential area that he lives in has more than 24 feet of street width. City Engineer Ron Grittman stated i t does.He has 28 feet of pavement,two feet of curb and gutter and four foot sidewalks.He has a much wider street. Councilmember Sippel stated they have room to turn around on his street and park cars on the street. City Engineer Ron Grittman stated they could accommodate two vehicles down the roadway even if someone is parked on the street.Backing up a garbage truck is always dangerous.The problem is the vehicles are so heavy that by the time they hit anything,the driver cannot feel it and they continue to drive right over the top of it.Backing up garbage trucks is never a safe thing to do. Councilmember Sippel asked the city attorney if the city would be liable if they know that the garbage truck could back over a child and kill him. City Attorney Joel Stern stated when this goes to engineering there is a process where they will approve or red line it for changes.This will come up there and there are certain dimensions that engineers use and certain requirements that they have to use in order to approve it. Councilmember Sippel asked if that is the case even if it is a private street. City Engineer Ron Grittman stated that is correct.The 24 feet can accommodate a vehicle,even a garbage truck, going down there,but i t is extremely tight. Councilmember Sippel commented his concern is the backward movement of the garbage truck,not the forward REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 13 OF 43 movement.He is concerned if the council knowingly approves this.He realizes chances are slim,but if this is a huge family neighborhood and they have 20 kids in there,the odds are increased. City Engineer Ron Grittman commented a garbage truck may be forced to back up on his street depending on where someone parked their car and where the garbage can is.The problem is inherent no matter where it occurs.They just do not like to encourage it. Councilmember Sippel commented he understands that,but in that instance the road was wide enough and it just so happened there was a car there.They know about this street. City Engineer Ron Grittman stated the city does not have any increased liability one way or the other with this street.It can accommodate it,it can be constructed to the level of standard,and i t is not an inherent danger over and above what would be encountered on any other street if the garbage truck chose to back up for whatever reason. Councilmember Sippel asked how the garbage truck would get back to the front after looking at this street. City Engineer Ron Grittman stated the truck would have to be backed up.I t is tight. City Attorney Joel Stern stated the private engineer who creates the document is the one who will probably take all the liability. Councilmember Sippel commented he is not talking about their moving this trash container to right in the front,as the truck would still have to back out of the development.Any way you look, it would have to be backed out.I t is a huge safety factor that will be in his decision. City Engineer Ron Grittman stated he could point him to the subdivision done on Cortez.On garbage pick up days, the drivers of the garbage trucks refuse to even drive down there.They are required to bring their trash cans all the way out to the street. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 14 OF 43 Councilmember Insalaco asked if that is the one with hammerheads. City Engineer Ron Grittman stated i t is.The garbage trucks will not even drive down the hammerheads,even though the hammerheads meet the fire department 150 -foot length.That length is the amount of length that they can drag a hose out.The fire trucks will never drive down there. Councilmember Sippel commented they will bring the trucks in. City Engineer Ron Grittman stated they will bring the trucks there but they will drag the 150 feet of hose and fight the fire from a distance.A fire truck and ladder truck will not go down that road. Councilmember Sippel commented they would never get the second story because they do not have their ladder up. City Engineer Ron Grittman stated the fire department is extremely inventive.They will fight the fire as they need to fight the fire. City Attorney Joel Stern stated the engineering issue is probably not a basis to deny zoning.This is a zoning case and it must be based on zoning only if there is a vote.The engineering issue is not up to vote tonight;i t is a staff issue.The fact that they may not like the width of the road is not a reason by itself to deny the zoning. Councilmember Sippel asked if they must come back to get this model approved if they approve the rezoning. City Attorney Joel Stern stated tonight is the rezoning.If it is approved,they get their use of the property.In order to develop the piece,they would have to go through plan review,which is a long process. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 15 OF 43 City Engineer Ron Grittman stated they would make sure that when they do go through plan review,that they do meet engineering requirements. Councilmember Sippel asked even i f that is on the road. City Engineer Ron Grittman stated 24 feet is the minimum that they would allow any type of street to go in at. They do have private access ways that are 24 -foot wide strips of pavement. Garbage trucks do drive down those.Engineering will make it as safe as i t can be. Senior Planner Rudy Esquivias stated tonight's request is for the rezoning.If the rezoning is approved tonight, then Mr.Helal has to process his plat.The preliminary plat and the final plat will come back to the council for the condominium portion of the development.The council will see this again. Mr.Aziz Helal stated they would do anything that could be done to minimize the concern.He suggested using 80- gallon containers for each unit that they would have to bring to the t- section.The garbage truck could then pick them up very easily by using the hammerhead.They would have to back up less than 40 feet using the hammerhead this way.They are trying to work with everything and they have to address the concerns of the engineers and the neighbors,too.If this is a concern and they would feel better with twenty-two 80 gallon containers sitting there, then the trash truck would not circulate in there.There are solutions that can be addressed to ease their concern. City Attorney Joel Stern asked if he would agree to a stipulation where it would be up to the city engineer as to where the trash containers could be picked up. Mr.Aziz Helal stated he would. This is the preliminary stage of the project.This is only a concept.I t is good if it is approved to be done the same way i t is drawn up,but if it is approved with stipulations that some things have to be modified,they would work with it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 16 OF 43 City Attorney Joel Stern asked if he understood that it would be a stipulation of the zoning and if he or anyone violated the stipulation that it could be a rezoning revocation. Mr.Aziz Helal stated he did. Councilmember Dietz asked if that would be brought up in the plat of the development. City Attorney Joel Stern stated i t could be in the plat but it could also be in the planned development.If Mr. Helal agrees to this,he recommends that they put i t in the planned development as a stipulation.If it is a big concern,they can also put i t in the plat. Councilmember Sippel wanted i t clarified that this project would come back to them for approval even if they approved the rezoning.He is repeating that for the group that is here.I f they rezone the property,it does not mean that this piece may go in the property. Senior Planner Rudy Esquivias stated they would have to do a preliminary plat and a final plat. Councilmember Sippel commented the council would have to approve the whole thing. Senior Planner Rudy Esquivias stated that is correct.The preliminary plat will go to the Planning and Zoning Commission for their recommendation and then to the council for final approval.The final plat,which has all the engineering documents,the final drainage plans,the final improvement plans,will also come back for final approval.The final plat only comes to the council. Councilmember Sippel asked what different things could now go in here if this rezoning is approved. Senior Planner Rudy Esquivias stated if this is project they are approving,then Mr.Helal must come back with something that looks similar to this.Otherwise,he would need to come back REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 17 OF 43 through the planned development amendment process.The first condition of approval reads the final plan,building layouts and future subdivision plats shall conform substantially with the submitted and approved concept plan. This is the project. Councilmember Sippel asked what other things could be brought in if this project dies. Senior Planner Rudy Esquivias stated if this project goes away,somebody would have to come back to council with something different. Vice Mayor Eck commented that realistically 95% of the concept they have before them is what they are going to be going with. Senior Planner Rudy Esquivias stated that is correct.There may be some small adjustments along the way but substantial compliance means this is the basic layout and square footage, parking,and retention that they are looking for. Councilmember Insalaco commented they would still get two different zonings on this one property:retail or commercial in front and multi -family in back.If this is approved,it does not matter as he gets his zoning for the front commercial and the back as multi -family. Senior Planner Rudy Esquivias stated that is correct under the planned development designation he is requesting. else would go in the area. could be all commercial. Councilmembers Severs asked what Councilmember Insalaco commented i t Councilmember Severs asked if he meant commercial all the way back to residences. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 18 OF 43 Councilmember Insalaco stated there are 2 acres here. Councilmember Severs asked if he could do commercial buildings in the front and in the back. Councilmember Insalaco stated he could. Vice Mayor Eck commented it appears to be open ended. Councilmember Insalaco commented he sees the mixed use and he likes the concept.Other things are being done like that,but on less than 2 acres of ground i t is a lot of traffic and homes in an area like that,especially when all the homes around it are 1.25 acres or open.I t is too much. City Attorney Joel Stern commented they might want to open the public hearing. Vice Mayor Eck opened the public hearing on the item. Mr.Ken Roach,366 N.Gold Drive, Apache Junction,addressed the council.He lives north of the property.He had some pictures of the drainage in the area,including culverts that had been put in and what happened after a rainstorm.He is concerned about the water rushing through this complex and backing up and flooding him out.The wash has run over the top of the sandbags on his driveway.He is being told that they are going to change this and make this water run a certain way.He would have to see it.He hopes they can. Vice Mayor Eck asked if he was satisfied with this project if the water situation is resolved. Mr.Ken Roach stated he is not. When he moved into the neighborhood he bought 1,25 acres not to be infested with commercial property,complex buildings,and low life renters.They have enough of those renters in the neighborhood:they do not need any more.I f REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 19 OF 43 one goes down Gold one can see what their neighborhood is and they are trying to clean it up. Mrs.Cindy Kolojay,450 N.Gold, Apache Junction,addressed the council.She is within 300 feet of the property in question.She thanked them for their comments and concerns as they have voiced several that they have had in the neighborhood.She requested they vote no on behalf of herself and her neighbors.They have no doubt about that portion of Ironwood and further north becoming commercial at some point.But they have strong reservations about apartment dwellings in the area.There area no others except for a senior citizen complex on Southern.As one goes north,it maintains single level commercial and single unit residential.They would like it to stay that way.She added although Mr.Helal has been working on this project for months,she has been maintaining her property for over 20 years.She hopes they will allow her to do that and let her children play in her yard without having people looking out over her yard.She understands that he intends to sell the units as condominiums,but she does not believe anyone will spend that kind of money right next to Cleo and her disaster there at Golden West.She does foresee other homeowners coming into the vicinity to continue their type of lifestyle. They are the border for Apache Junction Acres which continues on to Rennick and she is sure the people throughout would appreciate them protecting that border.They have no problem with the commercial/retail units coming in. They know there will be morning traffic of about a dozen people coming to work,versus a couple hundred people.She is also concerned about the drainage ditch and she has a video taken this year of it overflowing. Mr.Steve Kolojay,450 N.Gold Drive,Apache Junction,addressed the council.He stated this project puts too much into too little property.After deducting the rights -of -way, driveways,access and commercial parking he believes he only has one net acre for the buildings.That is not including private parking,drainage,and yard/play areas.He worked this out with his calculator this evening.A half acre is 21,632 sq.ft.They will be putting 22 units on that.If he wants to cut it down or go one way or the other,it would be better.Or cut i t in half.He would like to see something reasonable that they could all live with.There are a lot of issues here but he believes this is too condensed. He and his wife have lived on that street for 28 years and he has seen that 100 year flood.He does not believe the proposed drainage will cover it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 20 OF 43 Mr.Chester Dean,278 N Gold Drive, Apache Junction,addressed the council.He lives behind building 7.He thinks i t is a large amount they are trying to stick on one small property. He also is concerned about the drainage.The only drainage that is being discussed is the drainage that runs through Ken's place that comes back to the northeast corner of that property.The other natural water flow runs through his own property and he is concerned about that.As much water runs through his place as what goes through the ditch at Ken's place.If they put an 8' retaining wall,the water will have to go somewhere,and that is south after i t backs up into his place and the next door neighbor's place.Due south is the church.He has talked to the preacher about this problem and the church sets a shade lower than the property next door.All the water goes to him. He has had 2"of water in all those buildings there.He may as well buy flood insurance once the retaining wall goes up and nothing is done about the wash that runs through his place.If they cut through a portion of the wall and put rebar in,. then the people on the bottom floor need flood insurance because the water will run right through that building.It will also back up into his backyard,where he has a covered RV,boat and trailer.He does not want to have to tie his boat to the back porch.He does not want to be New Orleans. He will put some type of retaining wall around the covered RV himself to protect it and the boat.He will not change the natural flow,but he will block i t from going in there.I t still will not help as the water runs through there so greatly that it will back up on half of the back of his property.He agrees that the density is too much,and he hopes that they vote no on this issue.He is not trying to take anything away from Mr.Helal; going with the commercial or the single flats would be fine.He does not want two story with anyone looking into his backyard.He is worried about trash coming over the wall into his backyard.There are all kinds of things with this proposal,and he is not saying that everyone buying these would be bad, and that they would not take care of it,but things happen.He has been dealing with bad things happening on that street for 15 years.They are still trying to remedy those problems,and now it seems like they are adding things to it.The one thing that has never been addressed is the natural wash that runs through his place that coincides with the one on the northeast corner. Vice Mayor Eck closed the public hearing with no one else wishing to speak and reopened the item to council discussion.The other council members stated they had no comments.Vice Mayor Eck commented he agrees with some of the things that were said,but not REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 21 OF 43 others.He believes they must think about Cleo's property in the future.He commented he believed it had recently been rezoned. it had. commercial. that is correct. Senior Planner Rudy Esquivias stated Vice Mayor Eck asked if it is now Senior Planner Rudy Esquivias stated Vice Mayor Eck commented they could be seeing higher density development south of Roosevelt at any time in the future. Senior Planner Rudy Esquivias stated the property was rezoned with a palette of uses.He does not believe multi- family was approved. Vice Mayor Eck commented this type of property is going with the philosophy that the development market has been calling for.He thinks they can take care of the water issues or the project would not be done.Looking from Ironwood to the one street back of the project,he sees that there is nothing wrong with this project.Looking from the residential side of this property,and he has been a citizen that has lived there and seen his general rural turn into what he considers high density commercial,that is where he has a problem. Councilmember Severs commented he can see this happening with the rezoning of Cleo Johnson's property.He sees the growth taking over this area.He thinks the other growth will compliment this very well.He is worried what this will do to the residents around there.It will be a tough decision. Vice Mayor Eck closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 22 OF 43 Councilmember Waldron MOVED THAT ORDINANCE NO.1248 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1248,AS READ BY THE CITY CLERK,BE DENIED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck called for a ten minute break. Vice Mayor Eck reconvened the meeting.He advised they would be moving Items 13 and 14 ahead of Items 10. 11 and 12. ORDINANCE NO.1245,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 5 MUNICIPAL COURT TO UPDATE THE CITY'S AUTHORIZING AND ADMINISTRATION PROVISION RELATING TO THE MUNICPAL COURT/ORDINANCE NO.1246, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 4 FEES.BY ADDING MUNICIPAL COURT FEES REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 23 OF 43 )Judge David Alexander briefed the council on the items.He stated they had a work session on this matter two weeks ago.This is a housekeeping ordinance that cleans up the language of changing the magistrate court to the municipal court and simplifies several other provisions.In the other ordinance the city court is authorized to charge court fees but the authority to charge fees has been spread throughout the statutes.The city attorney and he have decided to get them all together in the city code and identify what the fees are going to be. There was general discussion on whether the public hearings for these items could be combined or if they had to be held separately. Vice Mayor Eck opened the public hearing for both items.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1245 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. Councilmember Insalaco MOVED THAT ORDINANCE NO.1245,AS READ BY THE CITY CLERK.BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 24 OF 43 The motion carried. Vice Mayor Eck called for a motion for Ordinance No.1246. Councilmember Dietz MOVED THAT ORDINANCE NO.1246 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1246,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1249,CASE PZ-17-05, REZONING REQUEST BY DELAWARE DRIVE MINI- STORAGE,LLC,REPRESENTED BY HAROLD GRANT,TO REZONE A 3.8 ACRE PROPERTY AT THE SOUTHWEST CORNER AREA OF GREASEWOOOD AND DELAWARE FROM CB-2/PD TO C-2/PD )Senior Planner Rudy Esquivias briefed the council on the item.He stated it was originally proposed as a mini -storage in the 1980s but it never got off the ground.Mr.Grant is requesting to decrease the intensity of the zoning in order to create a live/work condominium project.These are a series of 22 buildings with the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 25 OF 43 bottom floor being retail/commercial component and the top story being residential.People would live and work in the same condominium unit.He described the surrounding area.The main entrance would be off of Delaware. These are two -pod units with parking for the patrons of the commercial development.There is separate parking for the residential.The palette of uses suggested by staff is basically light intensity,neighborhood -friendly type of retail that will hopefully generate jobs and sales tax.I t also includes service businesses that would be compatible to the residential area. The final plan building layouts of the future subdivision shall conform substantially with the submitted and approved concept plan.They will have to come back for a platting process,with the only difference between this and a residential plat being this plat includes a commercial component.There are shared drive aisles and shared parking.The streets are private streets. Greasewood and Delaware to the north will be required to be improved to a . public street standard.Delaware is a 40'half right-of-way and Greasewood is a 33'half right-of-way.The developer will be improving the surrounding streets as well as the internal streets.The project must meet all the current landscape codes.There are some planned development deviations concerning the building height,light intensity and nature of uses.All open spaces including retention areas and street landscaping shall be professionally maintained by an owners'association.All other standard provisions of the zoning will apply.Planning and Zoning recommended in favor of the proposal 6-0.Their main concerns were the homeowners association and how to assure them that the people living upstairs were the people working downstairs.There is some concern that there will be someone renting the bottom floor and someone else living in the top floor with possible conflicts on noise issues.The city can stipulate to the best of its ability but the deeds,covenants and restrictions in the CCRs will be what ultimately controls those issues.Staff will review the CCRs but that is really a property management situation.Council requested examples of other similar projects in the area at the work session.A couple of addresses were supplied to the council.Another issue at the planning and zoning hearing was the laundromat. A gentleman stated the laundromat has its septic tank or leach fields on the property and there is a covenant regarding whether those leach fields can be disturbed.At the hearing,Mr.Grant indicated he was taking steps to address those concerns and indicated he would even extend sewer service to the laundromat property and pay for the hook-up as well as hook up their own property so that no one would be on septic anymore.He received a call today from the owner of the property who is recommending approval of this.It is a new,different and innovative type of land use concept for the city.They are REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 26 OF 43 working with the applicant and developer to meet the design guidelines and code.There will be buffer walls,landscaping buffers,parking,drainage and retention requirements to meet.Staff recommends approval of the project. Councilmember Waldron asked if they had done something else recently with CCRs where they put them into something, not necessarily the ordinance. City Attorney Joel Stern stated he does not remember the exact item,but an attorney had shown up who stated they could put certain CCRs into the ordinance.They would agree to that but that item was denied. Senior Planner Rudy Esquivias agreed that the item was denied.There was a concern about maintenance issues.They were proposing rezoning four separate lots that shared a bunch of common facilities but would be in individual ownership and how they would interrelate and how any problems would be resolved. Councilmember Waldron stated he was concerned about the live/work relationship.It will be in the CCRs,but i t is not in the ordinance.He wants to make sure they do not have someone living up there that does not have their business below them. Senior Planner Rudy Esquivias stated that is the same question the commission raised. City Attorney Joel Stern stated that would be a civil issue between the homeowners association and the owner.They might want to ask the owner how that will be worked out. Councilmember Severs asked where the commercial parking is for Units 61 and 62. •Senior Planner Rudy Esquivias showed him on the overhead that i t is over in the area on the left.He also showed additional areas for their parking. Councilmember Severs asked for an example of what kind of businesses may be in 61 and 62. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 27 OF 43 Senior Planner Rudy Esquivias stated the types of businesses specified are financial services,insurance and real estate services,medical services and offices,personal services such as apparel repair,arts and crafts instruction or studio,barber or beauty shop, antique store,apparel store,art store,bicycle shop and a book store. Councilmember Insalaco asked i f there will be a wall on the west side of the project. Senior Planner Rudy Esquivias stated the applicants will be required to put up an 8'wall adjacent to any single family residential.They have a neighborhood to the west and a potential neighborhood on the south side so there will be walls on both of those sides. Vice Mayor Eck requested the applicant address the council. Mr.Howard Grant,4001 N.32nd Street,Phoenix.addressed the council.He stated the neighbors have been crossing the field to get into their street,so they have moved the road through the center to run across the property so that i t reaches right into their subdivision.They will be allowed to travel through the subdivision to reach their homes.He commented one of the uses mentioned at the commission meeting was a carpet store where they would store carpet samples in the front of the store and rolls of carpet in the storage area in back for installation. They lived upstairs.They have solved the very heavy fire code regulations for everything.They are willing to put in the CCRs any of the codes that have to do with the particular party that is going in there and doing it,such as paint,which would require a completely different fire code.All the buildings are sprinklered upstairs and down.He added they have a septic tank which is underneath the park behind the laundromat.When they bought the property they were advised that they have to allow the laundromat to use the septic tank that is there or to provide for a sewer.He thought they were being gracious by taking the sewer right up to i t so they could hook up to it, but they are raising the question of whether they could afford to hook up to it because of the monthly fees the city might require because of the volume of water from the business.They are required to maintain i t so they put i t underneath the parking area.They have sent the surveyors out to locate the exact spot of the tank. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 28 OF 43 Vice Mayor Eck commented that is a legitimate concern of theirs.He is aware of the water usage problems with laundromats and affordability to tie into waste water.He asked if he has had other projects like this. Mr.Howard Grant stated he has not. They came up with this idea after exploring the area and determining what is needed.He spoke to an owner of something similar who put the garages in the back and the stores in the front with the residences upstairs.They are much smaller units that are selling for $350,000 to $400,000 on the northwest corner of 7th Street and Roosevelt in downtown Phoenix.They are not fancy or as large as these.They could go larger out here where the land is not $22 per square foot. Councilmember Severs commented he had mentioned carpet and paint possibly being stored here.Carpet is delivered with a forklift.Paints are on pallets delivered by forklifts.He could not imagine a semi pulling up in a residential neighborhood and offloading forklifts. Mr.Howard Grant stated he did not think so either.They have put in a high door for pickups to get in.Pickups can deliver the carpet,and they would not be getting a volume of paint by the semi load.The point is well taken,but i t never occurred to them that there would be that volume going into the units. Councilmember Waldron asked if they are going to address the live and work issue in the CCRs. Mr.Howard Grant stated that is correct,just as he expressed it. Councilmember Waldron commented for clarification that the city does not have a sewer system.I t is a separate district;there are no city fees. Vice Mayor Eck commented they would gladly encourage them to tie into the sewer district.Vice Mayor Eck closed the discussion and opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 29 OF 43 Ms.Betty Snyder.947 N.Warner, Apache Junction,addressed the council.She is in between Greasewood, University,Warner and Delaware.She saw how it was sectioned off,and there is a natural wash that goes the corner of her yard that drains about a foot up with the leach field nearby.Since this gentleman did not want to put in storage units,he wants to put in houses there and she does not see how there is going to be room. Vice Mayor Eck asked if she is on the west side of this location. Ms.Betty Snyder stated she is behind the Lost Dutchman Laundromat where the field ends.They have to go through the field to get to her place. Vice Mayor Eck asked how far from the laundromat she is. Ms.Betty Snyder showed them on the map where she is located.She stated the laundromat's leach field goes through the corner of the wash and then goes through the trailer park.The water gets to within a foot of her trailer when i t rains.She does not see how there is going to be room when she is right there.There are 3 different people who own property behind the laundromat and the city owns another area. She does not see how they could put 22 buildings there.She does not see how they could even put 16 low income housing units there.They do not want the mini -storage,and she does not see how this will fit,especially with the parking. Councilmember Dietz commented the site would be built all the way over.The line goes along her property.He has purchased and is building on that whole 4 -acre area.There are no longer 2 or 3 owners:he is the sole owner. Ms.Betty Snyder asked what would happen where they are. Councilmember Dietz commented he is putting in a roadway that goes right through for her so she does not have to drive through a field. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 30 OF 43 Vice Mayor Eck asked if she has access from Warner. Ms.Betty Snyder commented they have another address on Coyote. There was general discussion on where the roadway will come in to her location and she was shown the road on the map. Ms.Shama Pizarri,142 N.Plaza Drive,Apache Junction,addressed the council.She is the laundromat owner and she has not been able to get in touch with Mr.Grant.Her concern is that her business could not survive if they are forced to go into the sewer.She wanted to make sure Mr.Grant is aware of that and i t is important that the problem be resolved. Vice Mayor Eck commented they have it both on record and on the site plan to leave that open for that.They would like for them to be able to tie in to the sewer but they are aware that the fees may not make i t affordable for them. Mr.Howard Grant stated i t is recorded on the deed. Ms.Shama Pizarri stated there is maintenance that needs to be done on the septic system and she is not familiar with the engineering of it. Vice Mayor Eck commented it would have to be accessible. Mr.Howard Grant commented they are building a park area over it. Ms.Shama Pizarri stated that is her only concern.She congratulated him on buying the property and she is for all the development. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 31 OF 43 Vice Mayor Eck asked if she had any problem with the sewer at that site as he had a friend that owned it years ago who had problems with it. only owned i t since March. several years ago. previous owner here as well. over a decade ago. Ms.Shama Pizarri stated she has Vice Mayor Eck commented this was Ms.Shama Pizarri stated she has the Vice Mayor Eck commented this was Ms.Shama Pizarri stated in the past it was lack of maintenance basically and it was neglected because no one wanted to spend the money.If it is maintained properly,there should be no problem. Vice Mayor Eck commented he believed she was protected. Ms.Maggie Reynolds,951 N.Marissa, addressed the council.She asked if the wall would be running north/south with the road running to the west. Senior Planner Rudy Esquivias stated the wall would run the property line with the area for the street left open for access. Vice Mayor Eck commented that Warner would not be paved on the west side. Senior Planner Rudy Esquivias stated that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 32 OF 43 There was general discussion between Senior Planner Rudy Esquivias and Ms.Maggie Reynolds away from the microphone regarding the roadway access. Vice Mayor Eck commented she has a legitimate question insofar as if Warner is going to be used more now that this goes in and there will be a dirt road leading into where they live. Ms.Maggie Reynolds stated there are only five families that live there. Senior Planner Rudy Esquivias stated i t is a dirt road now and will probably continue to be a dirt road unless someone improves it. Vice Mayor Eck asked if it would be used by this development. Senior Planner Rudy Esquivias stated they might,but the main entrance and improvements are to Greasewood and Delaware.There is another entrance here that might be used by the neighborhood,and this entrance may be used by people trying to access those properties as well as people who might access i t from the other nearby streets further west. Councilmember Sippel commented he would have to think that 99% of the people coming into this area would use the main entrance area,and they may not even know that the dirt road exists. Vice Mayor Eck asked if the dirt road portion of Warner is a city street. Councilmember Insalaco stated it is not a city street. Vice Mayor Eck closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 33 OF 43 Councilmember Severs commented he took some notes on his observations when he walked the property.It does not appear to be a prime business area;i t is a little off the main street.I t is a beautiful neighborhood.He does not see it working as a business area or people driving into what looks like a neighborhood,parking,and walking past people's garages to go into a business.He does not see the attraction, visibility or invitation to go to a business there.If this were on a main street with the garages behind them,like the other property mentioned,he believes it would work better.He asked what would happen if he could not sell these as businesses;would they be converted back to residential only. Vice Mayor Eck commented i t is CB -2 now,which is a much higher density. Councilmember Severs commented i f they do not sell as businesses they would be converted into townhomes, condominiums or houses. Vice Mayor Eck commented he did not believe so.They are rezoning on a planned development. Senior Planner Rudy Esquivias stated the project they are approving tonight is for a live/work condominium unit concept.If anyone proposes to do anything different,they would have to come back to the council for a planned development amendment process for a different project. Vice Mayor Eck commented he is concerned about the access on Warner.I t is basically a dirt road leading up to 5 units.He is concerned that people will use that dirt road for access. I t is not a city street;it may be a right-of-way. Senior Planner Rudy Esquivias stated if it is anything i t is half of a federally patented easement that is unimproved.If he recalls correctly,there is not even a federally patented easement there.I t is just an access that has resulted over time.There may or may not be an easement document on there.He would have to research i t further. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 34 OF 43 Vice Mayor Eck commented they are not planning on putting Warner through to University. Senior Planner Rudy Esquivias stated they are not. Vice Mayor Eck commented he could see there would be very minimal traffic with i t dead -ending there.He then closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT ORDINANCE NO.1249 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Sippel MOVED THAT ORDINANCE NO.1249,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE:5-1 (Councilmember Severs voted in opposition.) The motion carried. ORDINANCE NO.1247,CASE PZ-16-05,PLANNED DEVELOPMENT REZONING REQUEST BY WARREN PETERSON OF VIP HOMES TO REZONE THE SONORAN WELLS SUBDIVISION FROM CR-3 TO CR-3/PD FOR THE PURPOSE OF REDUCING THE REQUIRED SIDE YARD SETBACK FROM 10 FEET REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 35 OF 43 TO 5 FEET FOR LOTS 1,7,9,13,14,19,20 AND 23 ONLY )Associate Planner Steve Abraham briefed the council on this item.He stated the applicant is not the individual who platted the property a couple of months ago but they have acquired i t from the owner at that time.This is located on Broadway just a little west of Idaho.I t is designated medium density on the general plan. The development site is in substantial stages of construction at this time. He described the surrounding area.Mr.Peterson went to the Planning and Zoning Commission and requested a setback reduction for lots 1,7,9,13,14, 19,20 and 23 only.The commission voted unanimously for approval of the request,adding a stipulation that the adjacent lots to those lots would have to have a minimum of a 10 -foot setback immediately adjacent to those lots.At the work session,council expressed a desire to add more lots to that palette. There is suggested language on the front sheet of the memorandum in the packet that would add the remainder of those lots that staff was directed to include. The side yard setbacks for lots 2,6,8,10,12,15,18.21,22 and 24 abutting lots 1,7,9,13,14,19,20 and 23 shall be no less than 10 feet. Councilmember Dietz asked if that was in the ordinance. Associate Planner Steve Abraham stated their motion would have to amend the ordinance that was included in the packet. Councilmember Sippel asked if the motion needs to say all of that. Associate Planner Steve Abraham stated that is correct.The language is on the front sheet towards the bottom of the memorandum.Staff recommends approval of the proposal.The commission recommended approval 6-0 with the conditions included in the staff report. Vice Mayor Eck requested the applicant address the council. . Mr.Warren Peterson,vice president of sales for VIP Homes,3048 E.Baseline Road,Suite 102,Mesa,addressed the council.He stated they purchased this just before final plat approval from REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 36 OF 43 John and Carol Bellerose.I t is a 33 -lot community just west of Idaho Road. Only single story homes will be allowed on the east side of the property.The south side will also be restricted to single story homes.There is a nice • open area with a tot lot in the center of the community.They worked with Steve Abraham just prior to final plat approval to run an open space/trails easement through the community to get some connectivity throughout the community.He is there to request a setback variation from the zoning ordinance for lots 1,7,9,13,14,19,20 and 23.They are spread across the community to encourage diversity.They are requesting this variance because they currently have 3 floor plans,1,600 sq.ft.,1,880 sq.ft.and 2,100 sq.ft. single -story that fit on all of the lots.They have a 3.200 sq.ft.single- story that will currently only fit on 8 of the lots and a 2,700 sq.ft.two- story that will fit on only 2 lots.All of them have been approved through the building department.They would like to expand the number of lots that they can build their largest two homes on.They believe the residents will prefer these homes from the waiting list that they have right now;they are interested in the larger homes.From past experience.the 3,200 sq.ft. single -story basement home was their best seller at their Chandler community. The 2,689 sq.ft.two story is their top seller at the Dobbins Crossing community in its final phase of development.He showed them some elevations. They are primarily a single -story homebuilder;approximately 80% of their homes are single -story.They do that on purpose;they typically only provide 20% of their plans as two-story.Only one of these five plans is two-story. They like to encourage people to purchase the larger homes with the nicer options and features.They think it will bring a nice thing to the city.He showed them examples of the stall shower and media room that come with those homes.The kitchen options are also nicer on the larger homes.They would like to allow purchasers to build the two larger homes on 10 additional lots for a total of 18 lots.The council could amend the whole community so they could build them on all the lots,but they are only requesting about half the community have the opportunity to purchase the larger plan. Vice Mayor Eck asked what the minimum setback is. Mr.Warren Peterson stated the zoning ordinance is 5'and 10',they are requesting to go to 5'and 5'on those 10 lots.The lots could still go to smaller homes if the purchaser wishes a smaller home on that lot.They would like to increase the exposure for the larger homesites. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 37 OF 43 Councilmember Sippel asked if there would by 18 lots available for these larger homes. Mr.Warren Peterson stated the 18 lots would be available for the single -story basement home and there would be 8 lots available for the two-story with this change out of the 33 lots. Councilmember Sippel commented he visited both the Chandler location and the Phoenix location and they are beautiful homes.He would like to see more of them in Apache Junction. Vice Mayor Eck 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 discussion,he called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1247 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.1247.AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE SIDE YARD SETBACKS FOR LOTS 2,6.8,10, 12,15,18,21,22 AND 24 ABUTTING LOTS 1.7,9,13,14,19,20 AND 23 SHALL BE NO LESS THAN 10 FEET. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 38 OF 43 The motion carried. RESOLUTION NO.05-27,CASE SD -1-05, PRELIMINARY PLAT APPROVAL REQUEST BY GLENN MILLETT FOR THE LANTANA VILLAS, AN APPROXIMATELY 5 ACRE,24 -LOT RESIDENTIAL SUBDIVISION LOCATED AT 350 W.16TH AVENUE )Associate Planner Steve Abraham briefed the council on the item.The request is by AJ Private Investors Group located approximately 350 feet west of 16th Avenue adjacent to the Moose Lodge.After further review of the proposal,staff recommended the driveway or street going east/west be enlarged to accommodate a larger,paved,dry surface from its original 20'to 24'in width.This was ultimately approved by the council and is reflected on the plat submitted.There are no other changes proposed.It has been reviewed by several city officials and other jurisdictions and all conflicts and concerns have been addressed to staff's satisfaction.Staff recommends the resolution be adopted as written.The dwelling units are attached units,not single family.They have a zero lot line with a 10'alternating setback on either side. Councilmember Dietz commented i t is a great infill project. Vice Mayor Eck agreed.He commented this is the last of the dirt lots that he used to ride his motorcycle on 30 plus years ago when he was a kid.This was also the last AAA ballfield.As there were no other comments,he requested the applicant to address the council. Mr.Glenn Millett stated he had nothing to add to staff's presentation except that the east/west driveway is 28 feet in width,not 24 feet. Councilmember Dietz commented that is even better. Vice Mayor Eck opened the public hearing on the item.There being no one wishing to speak,he closed the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 39 OF 43 public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Severs MOVED THAT RESOLUTION NO.05-27,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 -10-05,BY GLEN MILLETT,REPRESENTING AJ PRIVATE INVESTORS GROUP,LLC,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 17,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 40 OF 43 AND THAT AN EXECUTIVE SESSION BE HELD ON TUESDAY,OCTOBER 18,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Waldron announced the League Conference was last week and the mayor,as vice president of the league,introduced the governor at the governor's luncheon.The governor gave a good speech. Councilmember Waldron announced he attended the Association of Economic Development today and Assistant to the City Manager Amy Malloy was spoken of very highly at that meeting.She represents the city very well and the executive director commented on how much energy she has brought to the meetings.It was a good group of about 50 people. ADJOURNMENT )Vice Mayor Eck adjourned the meeting at 9:38 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 20,2005. 3.Appointment of qualified applicant to the Library Board for a term to expire June 30,2006. 4.Consideration of Pre -Annexation Economic Development Agreement between the City of Apache Junction and CAX Rancho Mirage L.L.C.setting forth the terms upon which the developer will develop its mobile home park and will make street improvements to adjoining public streets including Baseline Avenue and Cortez. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 41 OF 43 5.Consideration of Resolution No.05-30,expanding the District boundaries of the Superstition Mountains Community Facilities District No.1 to allow sewer service to be provided to Rancho Mirage Mobile Home Park located at 2400 East Baseline Avenue,Pinal County,Arizona. 6.Consideration of FY 2005-06 Professional Services Agreements with various human services agencies for a total amount of $100,000. 7.Appointment of qualified applicant to fill vacancy on Superstition Mountains Community Facilities District No.1 Board of Director for a term to expire on July 7,2008 (or July 7,2010). ACCEPTED THIS 18TH DAY OF OCTOBER ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF OCTOBER ,2005. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COWEMAN 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 4th day of October,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of October,2005. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4,2005 PAGE 42 OF 43 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4.2005 PAGE 43 OF 43