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HomeMy WebLinkAbout2005-11-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 15,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 15,2005,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 7:05 p.m. INVOCATION Councilmember Sippel 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 absent.) 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 Library Director Pam Loui Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 1 OF 28 Others Present:Associate Planner Steve Abraham Senior Planner Rudy Esquivias Library Manager Spencer Paden Youth Services Librarian Liz Burks CDBG Administrative Assistant Melinda Larson Development Services Manager John Petroff Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT ALL BIDS FOR PROJECT PW 2005-09,TRAFFIC SIGNAL PREEMPTION INSTALLATION,BE REJECTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Library Director Pam Loui announced that Youth Services Librarian Liz Burks had been recognized as the Arizona Library Association's winner of the 2005 Rising Moon Outstanding Youth Services Librarian Award for her 20 years of service to the youth of Apache Junction and her chosen profession.Some of her career highlights included being Mother Goose to the toddlers at Story Time,the Mother Goose Games,and G.A.I.N.events;pre-school story times; play and learn workshops for children and their parents;a $25,000 LSTA grant to develop the Hand In Hand Early Literacy Center;the Library Team:Teen Advisory Board;the school district Battle of the Books program;and the Reading is Fundamental program.Vice Mayor Eck presented her with a plaque commemorating the award. CALL TO THE PUBLIC Mr.Phil Reinhardt,1675W.McDowell,Apache Junction,addressed the council regarding the decision by the Salvation Army to abandon Apache Junction.He is a former vice president of the advisory board and he is troubled by this. They have closed down most of the operations in town and plan on closing the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 2 OF 28 thrift store in April.It will leave the city without service.They help hundreds and hundreds of families each year.He requested the city do something to encourage the Salvation Army to not abandon the city as the need is here and growing.It will be a loss to the community when the thrift store and social service office close down. Mr.Robert Skinner,4730 S.Rimrock Loop,Gold Canyon,addressed the council regarding the closure of Goldminers Park to the Apache Junction Little League. He thanked the city for all they have done in the past for the Little League. The Latter Day Saints Church has not renewed their contract with the city regarding the use of Goldminers Park,which is the home of the girls'softball league.They cannot fault the church's decision as i t is their land and there are a lot of activities and things happening.They have used that park extensively over the past 2 years,with 5 teams playing twice a week it has seen over 70 games a year plus practice time.I t is a blow for their program. They are losing a place to gather,play games,get exercise,and learn how to play softball:they are losing some financial income as well since they get concession sales there.They made $3,000 last year at Goldminers Park and they will not see that this year.The Apache Junction Little League has had the lowest registration fee in the East Valley for a number of years because they were able to offset the fee with the income from concessions.The fee may have to change.They now must determine where they go from here.The parks and recreation department is already working with them on their spring season for the Little League.Softball cannot use the existing Little League fields and Superstition Mountain Elementary School as they both have pitching mounds.At this point their only solution may be sharing the use of Prospector Park with the adult leagues,t -ball and slow pitch.The closure of Goldminers Park has created pressure in scheduling the Little League games and practices.He encouraged the city to help them get playing fields.The only fields that they know of are owned by the school district at Thunder Mountain, the high school,and an area just south of the pool.They have heard the city is considering a future complex but they do not know how far away that is.He requested they work with the school district to put up lights and restrooms and have the locations maintained by the city so that they could use them in the near future. Mr.Dan Crye,580 S.Royal Palm,Apache Junction,filled out a request to speak form but did not speak. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 3 OF 28 Mr.Brodie Broderson,9020 E.Brittle Bush Road,Apache Junction,addressed the council regarding the Guardian Angels Association.He moved here about a year ago to retire.He has heard this is a pretty tough town and i t is not all that i t looks like,but he loves being here.He saw where Mr.Sullivan's house was decorated with graffiti and he went over to look at it.The graffiti is now gone.He has decided he would like to get started with the Guardian Angels here in Apache Junction.To do so,he needs some cooperation from city staff and the police department.He went to an emergency management class this week in Phoenix and realized an emergency is not just a symptom. The graffiti is a symptom that we are getting to an emergency level.They would like to help out wherever they can.They will need a headquarters and they need to get with the neighborhoods so they can walk a patrol.They make friends with all the neighbors,the tough ones and the nice ones,and they have a neighborhood block party and make some agreements.The organization has done this in thousands of cities all over the country and in 40 nations. They will also need funding but that is something they can always do. Mr.Douglas Rowe,3700 S.Ironwood Drive #203,Apache. Junction,addressed the council regarding noise from braking on Ironwood,Baseline and US 60.He requested signs be posted for dump trucks that come down Ironwood and go down Baseline to the concrete plant.The compression brakes make a noise and they start at 5:00 a.m,and it does not end until dark in the winter.The sign should demand the use of Jake brakes,which are normally used in town.I f they are going so fast that they need a Jake brake to stop them in order to turn,they are going too fast.He stated he had a petition signed by 60 people from his complex.He added he probably should also address this to the Arizona Department of Transportation as it would also help to have signs posted on the exit ramps at Ironwood for the freeway.I t is basically the dump trucks as the concrete trucks do not have the big engines;i t is a nuisance and i t is noisy. Councilmember Waldron directed the city attorney to look into the noise issue at Baseline and Ironwood and see what the city can do as quickly as possible. City Manager George Hoffman asked if he would like that brought back as a direction to staff item. Councilmember Waldron stated they could.He felt i t is something they needed to accomplish. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 4 OF 28 City Manager George Hoffman stated they would do some checking on i t so that they can be prepared to talk about it. Vice Mayor Eck stated he would like to discuss options for the Little League. They knew when Goldminers Park closed that it was going to be an issue for city parks and recreation functions.He is sure Jeff Bell is working on i t but he would like to discuss it.They can bring it back in two weeks.He requested the gentleman from the Guardian Angels leave his name and number and he would have staff contact them to see how this could begin in the community. He added Councilmember Sippel had an item on graffiti on the agenda last night and they had a discussion about a plan of action. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR INTERIM PERMIT,NEW LICENSE,LIMITED LIABILITY CO.,SERIES 10 LIQUOR LICENSE FOR ROADRUNNER GASOLINE ) )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located on Tomahawk Road just north of the freeway where the Burger King convenience store is located. There are no objections and the applicant has been asked to be here this evening in the event the council has questions. Vice Mayor Eck requested the applicant address the council.The applicant declined.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 THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,LIMITED LIABILITY CO.,SERIES 10 LIQUOR LICENSE FOR ROADRUNNER GASOLINE SUBMITTED BY JASON LEVECKE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 5 OF 28 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1252,CASE PZ-10-05, PLANNED DEVELOPMENT REZONING REQUEST BY RANDAL MELENCON ON BEHALF OF EFFIDEEN AMEERALLY TO REZONE ±2.9 ACRE PROPERTY • LOCATED AT THE SOUTHEAST CORNER OF APACHE TRAIL AND GOLD FROM GR AND CB -2 TO C-2/PD FOR THE PURPOSE OF ESTABLISHING A PALLETE OF USES AND FUTURE DEVELOPMENT GUIDELINES ) )Associate Planner Steve Abraham briefed the council on the item.He stated the entire site is designated employment/retail on the general plan.The request has been slightly modified from when it went to Planning and Zoning.They reviewed the palette of uses and future development guidelines and recommended that the entire site be rezoned to C-2/PD with future development stipulations.The request was presented to them with the expectation that the applicant would apply for a building permit for the middle portion of the development and develop a palette of uses and development guidelines for the remainder of the development.As the request has been modified from what was presented to the commission and approved,staff feels there are a couple courses of action.I t can be approved with stipulations from the commission and staff.Staff recommends that the development package include the types of development the council would like to see there.They can refer it back to the commission for additional review.They can postpone the item and request additional analysis from staff.The application has not been approved along the timelines the applicant wanted.A fourth action would that of denial.Suggested amendments to the development recommended are the modification of the zoning ordinance to permit up to 9,000 sq.ft.of floor area and modification of the zoning ordinance to reduce the required front yard setback from 20 feet to 15 feet. They will have to adhere to the required parking.There will be some modifications to the landscape strip and the proposal will have to be reviewed according to the Apache Junction design guidelines.There is one resident living within 300'that is concerned about added traffic heading south.Staff REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15.2005 PAGE 6 OF 28 recommends approval of the proposal in the form of the recommended palette of uses and the recommended stipulations that the commission ultimately adopted. Councilmember Sippel asked how long the process would take if it was brought back. Associate Planner Steve Abraham stated it would probably be in January since the second meeting in December has been cancelled. Vice Mayor Eck asked if it is known what the applicant's intentions are with the palette of uses,or if he has a specific use in mind. Associate Planner Steve Abraham stated it would be a medical center. Vice Mayor Eck commented he was looking at the motion.He did not see that in the motion. Senior Planner Rudy Esquivias stated when they took this item to the commission they were basically asking them to consider a C-2 planned development zoning.He believed it was the . commission's intent to allow any of the uses allowed in C-1 and C-2 except certain conditions listed in the recommended conditions.The use that is currently proposed is the medical building with the emergency center.The north and south pads do not have any proposed uses at this time.The C-2 district would allow them to have the light intensity,neighborhood -friendly- type uses except for the one specifically listed. Councilmember Dietz asked for a copy of the ordinance as he did not have one. Vice Mayor Eck commented all he is seeing is the recommended motion that states the permitted uses. Associate Planner Steve Abraham displayed the ordinance on the overhead projector and pointed out the area in question.He stated these are the remaining uses that staff recommended. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 7 OF 28 Vice Mayor Eck commented he was confused and asked what the main issue is. Associate Planner Steve Abraham stated the main issue is that the commission looked at approving a palette of uses and future development guidelines.They are here tonight to approve a development plan,palette of uses and future development guidelines.He wanted to alert the council that the commission may not have looked at the proposal with the normal scrutiny that they use on development plans;that is why they may send i t back to the commission for review or if council feels the modifications are appropriate,then they can approve it tonight. Vice Mayor Eck commented they do not have the ordinance in front of them.He asked what the two modifications are. Associate Planner Steve Abraham stated i t is stipulation number 11,the second handout. Councilmember Waldron asked i f number 11 is the recommended motion,would it then be gone;that deals with the landscaping. Associate Planner Steve Abraham stated it would be added.The commission deleted that part of the staff report,which is in the ordinance as written.To modify the commission's recommendation,they have to add the stipulation. was deleted from the staff report. talk with the applicant. going to let the applicant speak. Councilmember Dietz asked which one Councilmember Sippel suggested they Vice Mayor Eck commented he was City Attorney Joel Stern stated he did not have a copy of the ordinance.He has seen it before but it does not appear to have made it into the packet.He asked if it would be appropriate to take a ten minute break and he would make copies for the council. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 8 OF 28 Vice Mayor Eck called for a ten minute break. Vice Mayor Eck reconvened the meeting.He commented they had all been given the actual ordinance.He requested Steve go through it again now that they all had a copy. Associate Planner Steve Abraham stated the ordinance reflects the commission recommendation.I t is a little different from what is in the staff report in that the items that were 9 and 10 in the ordinance are now item 10 in the staff report.Staff is requesting if the council opts to adopt the development plan,to include stipulation number 11,which will allow them to accept the development and modify the zoning ordinance to accept the changes. Councilmember Severs commented he thought that they were approving the list of uses in that zoning except pawn shops,taxicab stands,nurseries or greenhouses;that is what he understood when he attended the commission meeting. Associate Planner Steve Abraham stated staff recommended against them but he believes that when the motion was made i t included those uses and the ordinance is written that way. Vice Mayor Eck commented that they would be passing something that permits pawn shops and taxicab stands. Senior Planner Rudy Esquivias commented that the commission had excluded those uses in their motion according to his documentation. Associate Planner Steve Abraham apologized and agreed that they were to be excluded. Vice Mayor Eck commented that pawn shops,taxicabs,nurseries and greenhouses would be removed. Associate Planner Steve Abraham stated that is correct. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 9 OF 28 Vice Mayor Eck requested the applicant address the council. Mr.Effideen Ameerally,4159 E.Hale Circle,Mesa,addressed the council.He commented he was not sure what was going on with the project.It has been approximately one year since he started directing all his efforts to bringing a medical facility here.It has been met with several blocks.He was not sure who was at fault.Everybody needs these services:there are not enough doctors or facilities.He is not sure how to address his concerns tonight because he is unprepared as he did not know what would happen.He noticed that in number 9,i t references the billboard encroaching on the 145'northern development site.I t states i t must be brought into compliance with applicable billboard regulations.He does not believe the billboard is on his property.He does not know how they want to address this,but i t is causing him heartburn.The project has been so delayed that i t is causing an enormous amount of frustration.He has served the community for 18 years and he feels he knows what i t needs.He wishes to go forward with this one more time:if it fails,he will regrettably make other plans.He hopes those people in charge of the final decision favor it.This community does not have any place where the epidemic of obesity, diabetes,high blood pressure and a long list of common diseases can be addressed.There is no place to go for educational material where it can be interactive.They can go on the internet,but he did not go to school on the internet.He cannot spend the time to read those pages off the internet.The people need to be educated.If he would like to invest the rest of his life in something,it would be education.He turned 70 years old on Saturday and this is not a money making project.I t is for the benefit of the people.I f they do not feel this should go forward,he will pull out.He has been trying for nearly a year,forward and backwards,and he does not know what is going on at this meeting.He had never seen the ordinance before and no one has called him.He has not been informed of anything since the first commission meeting in June.The feedback has not been good.They are lost,and he is paying interest on money that has been approved.He cannot do anything else except wallow in a state of indecision.He requested they move forward and that he get some answers.It seems there are controlling factors of which he has no knowledge.He has been told some things and others have been withheld; the latter gradually seeps out and he gets some kind of information.He does not know how things are handled in this matter.He needs to either go forward with the project or pull out.He bought the property 3 years ago when no one else wanted it.He had been advised by experts that the city would be an REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 10 OF 28 inappropriate site for a medical center.He searched and waited and found this property.At the Planning and Zoning Commission meeting one of the women on the commission stated she would not give them permission to build on this property because she was not sure of what would go there.They have a laundry list of things of what should go there.They are not trying to violate or create anything other than what is a party to the legal descriptions of the ordinance.It was clearly stated at the commission meeting that the south side of this property would be a day care center.This would be south of the medical center,urgent care and a physical therapy center.Tonight he is hearing that they do not know what will go there.I t is on the record that the day care center would be put there because the community does not have enough day care centers and there is not enough room for any of the newborn babies. Vice Mayor Eck asked if he was having a day care center in this building. Mr.Effideen Ameerally stated he is not.In the middle part of the property he is intending to put up a medical clinic,a family practice clinic,and an urgent care clinic.On the south side will be a day care center.The north side of the property will be reserved for an appropriate medical or other commercial office property. Things that could not go there include a restaurant with an alcohol license. He wants to bring this project to its conclusion.If it does not suit this community,he will abandon it.He added you cannot find within a five mile radius a person who could teach others how to cook properly or how to go on a vegetarian diet,even though it would be better for them.They cannot be told how many calories to calculate because they do not know how to calculate.He is tired of telling people to go to the library to get a good book.He requested he be advised one way or the other which way to go.The delays are too costly and too punitive to the population. 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.He asked for the history on the item,and if it had been on a work session at some point.He does not recall this project. Associate Planner Steve Abraham stated the application for rezoning was submitted several months ago.It went REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 11 OF 28 through Planning and Zoning and they decided that the development plan submitted had so many tweaks that they offered to postpone i t until they could sit down with staff and come up with a reasonable solution.Staff met with them and they advised they would be resubmitting under the current zoning for the medical center.That building permit had been under review for several months,and had been sent back to them for their review and i t is currently being held by their architect.For whatever reason,i t has not been submitted to this date.In terms of delays,the applicant may be referring to the planning and zoning level or to his own architect or design staff.There was a postponement for very valid reasons for Planning and Zoning regarding what was the ultimate product they would be getting at this site.There was the postponement and the applicant came back with suggestions.There were so many stipulations that they may have felt uncomfortable about having solid development plans.It did go to a work session but it was postponed because it was not the time for -either side to discuss it.Several weeks later there was a council work session and directed staff.They were under the impression that the applicant would have an issue that would be determined at that time. The applicant has met with his design staff and that is not the case.In an effort to facilitate the applicant's journey through the process,staff is attempting an ad hoc addition/subtraction.The delays were valid delays from concerns of the commission in not having a development plan that they were comfortable with. Vice Mayor Eck commented that they did look at those concerns and that is why we are where we are at now.I t has been revised with the commission's input. Associate Planner Steve Abraham stated that is correct.The development plan incorporates several of those concerns regarding the circulation of the site,access onto Gold and the landscaping and screening. City Attorney Joel Stern stated there was another delay when the applicant brought up a federal law on whether a family health center could be next to urgent care.He was instructed by the commission to research it.This was at the applicant's request and there was no such law.He then withdrew his argument. Vice Mayor Eck asked if the day care facility would be under the same planned development. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 12 OF 28 Associate Planner Steve Abraham stated i t is all under the same planned development. Vice Mayor Eck commented i t is in the Phase I I area. Associate Planner Steve Abraham stated that is correct.They are taking the focus away from Phase I I and have incorporated i t into an allowed use for this palette. Vice Mayor Eck commented he was curious where staff stood on the day care center.He asked if the billboard is on the property. Associate Planner Steve Abraham stated the applicant submitted a survey with his building permit that showed the billboard does encroach on his property.He is not sure if he knew that but they have a copy of the document Councilmember Sippel asked if they were looking at the same kind of situation that we had earlier and the same solution. Associate Planner Steve Abraham stated it may ultimately come to that. Vice Mayor Eck commented if that is the case then they will deal with that correctly. Associate Planner Steve Abraham stated as part of a planned development review that issue would resurface again. Vice Mayor Eck commented this is much more clearer to him now. Councilmember Severs commented he would like to see this move forward.He has had knowledge of it for 6 or 7 months,since the first commission meeting.He is amazed he is still trying REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 13 OF 28 to get this going.There have been a lot of delays.I t is a good use for this property.We need it and i t is a beautiful building. Associate Planner Steve Abraham stated staff and the commission both recommended approval. Vice Mayor Eck closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1252 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.1252,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT UNDER SECTION 1,ITEM 4(C),TO CHANGE TO READ AS FOLLOWS "COMMERCIAL,PERMITTED PERMISSIBLE COMMERCIAL USES IN THE C-1 AND C-2 ZONING DISTRICTS,EXCLUDING SPECIFICALLY PAWN SHOPS,TAXICAB STANDS. NURSERY AND GREENHOUSE",AND THAT STIPULATION NUMBER 11 BE ADDED TO READ "FOR THE DEVELOPMENT PROPOSED UNDER BUILDING PERMIT NUMBER BLD2005-00654 SECTION 16.0406.3 OF THE ZONING ORDINANCE IS MODIFIED TO PERMIT UP TO 9.000 SQUARE FEET OF FLOOR AREA AND SECTION 16.0409.9(A)OF THE ZONING ORDINANCE IS MODIFIED TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 20 TO 15 FEET".BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 14 OF 28 The motion carried. ORDINANCE NO.1250,CASE PZ-13-05,A REZONING REQUEST BY LARRY SELLMEYER TO REZONE A .572 GROSS ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF BROADWAY AND VISTA FROM CR-5 TO CR-3/MH ) )Senior Planner Rudy Esquivias briefed the council on the item.He stated there have been a couple of conditional use permits approved for this property.Typically a conditional use permit is required to build a single family conventional home in the CR-5 zone.One was in 2000,when a Mr.Riley was approved to construct a single family home instead of a multi -family structure on the property.That conditional use permit was approved by the Planning and Zoning Commission with a few conditions;those conditions are still relevant today,such as the dedication of 33'on Vista Road and 33'on Broadway Avenue,and that if any significant grading and drainage issue arise they are to be addressed by a qualified engineer.There is a swale that traverses the property in a southwesterly fashion.Some of the neighbors have shown up at the public hearings and expressed concern about this.That stipulation was included under the conditional use permit approval.Last year another conditional use permit was approved where the applicant sought a request to split the property and build two homes instead of one.There is currently a single home on the property in the north central portion of the property.The second conditional use permit was approved to allow the land split.The applicant did go through the land split process and it was approved.The home built there is a conventional home in accordance with the original conditional use permit. They would like to install a manufactured home on the second parcel.The current CR-5 zoning does not permit manufactured homes at all,requiring them to go through the rezoning process.He described the surrounding uses that include mixed housing types.Staff recommends against the manufactured home because i t is not in compliance with the general plan policy to promote and encourage site built homes throughout the city.The Planning and Zoning Commission unanimously recommended against the rezoning.They are amenable to rezoning the property to CR-3 that would allow the construction of an additional conventional home.Staff has recommended several conditions of approval and he read them.These recommended conditions are for the council's consideration if they desire to go ahead and approve the CR-3/MH rezoning as opposed to the straight CR-3 zoning.If council wants to go with the straight CR-3 zoning,i t needs to be indicated in condition number one. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 15 OF 28 Councilmember Sippel asked if they had an option of just denying the whole thing. Senior Planner Rudy Esquivias stated they could and it would just remain CR-5 and they could build another conventional home on the lot. Vice Mayor Eck asked if there was language when the split was done that it would be approved on the condition of it being a conventional site built home. Senior Planner Rudy Esquivias stated the type of home was not an issue being considered on the land split.The underlying zoning was already there to build a conventional home.When they look at a land split,they typically look to see that the proposed limits are in compliance with the minimum lot size,any new lot lines do not create setback problems,the right-of-way is properly delineated,there is closure of the parcel's bearings and dimensions and that the survey is tied in to known city data points.Housing would not have been addressed with the underlying zoning already there.Also,the CR-5 zone requires more restrictive setbacks then the CR-3 zone. Vice Mayor Eck asked if it is over 20,000 sq.ft. Senior Planner Rudy Esquivias stated i t is over 20,000 sq.ft.gross. Councilmember Waldron asked if the city distinguishes between a manufactured home and a mobile home.They recently approved a subdivision for manufactured homes but not for mobile homes. Senior Planner Rudy Esquivias stated they do.He apologized if he used the two terms.A mobile home is basically considered a trailer prior to June of 1976.Manufactured homes are called manufactured homes because they are built to a certain set of standards established by the Department of Housing and Urban Development.Most manufactured homes have been built after 1976.Anything that predates June REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 16 OF 28 1976 is considered a mobile home which may not have been built to any particular set of minimum standards. Councilmember Waldron commented this request is to install a doublewide mobile home.There are some manufactured homes that one looks at that are obviously not trailers.When looking at the application,i t shows it to be a doublewide mobile home. Senior Planner Rudy Esquivias stated they cannot allow a mobile home these days.The city has ordinances which specifically disallow the installation of mobile homes inside the city unless they are already inside the city and they are being moved either from private property to one of the older parks or from one of the older parks to another older park.That is the only thing that can be done with the older mobile homes. Councilmember Waldron commented that .is why he wanted it clarified as the request is for a doublewide mobile home 44'by 28'in size. Senior Planner Rudy Esquivias stated that is incorrect.I t should say manufactured.The application was done by the applicant and he is probably not familiar with the definitions. Vice Mayor Eck commented this permit is for a 44 by 28'manufactured home. Senior Planner Rudy Esquivias stated he believed so from the diagram.There is one error they pointed out in the staff report that the north setback would have to be at least ten feet which would probably require that the configuration be reoriented in an east/west fashion. Councilmember Deitz asked what size the dedications are. Senior Planner Rudy Esquivias stated they are asking for 33'on Vista,50'on Broadway and a 20'by 20'cutoff on the intersection. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 17 OF 28 Councilmember Dietz asked if that is included on the site plan. Senior Planner Rudy Esquivias stated i t is already outside the property shown. Councilmember Waldron asked which one had not been done before that he stated had to be done. Senior Planner Rudy Esquivias stated i t is stipulation number 6,the dedication of the right-of-way. Councilmember Waldron stated that included on the site plan. i t is already outside the property shown. was from back in 2000. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Eck requested the applicant address the council.The applicant was not in attendance.He 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. Councilmember Sippel asked Rudy to show the map of the surrounding area.He commented the surrounding area has, a little bit of both.There are site built homes in the area,and the commission did vote unanimously to deny given that it did not fit the general plan.He wanted to refocus them on that issue. Vice Mayor Eck commented he is trying to picture this area.He usually drives by the lots,but he cannot recall it.The trend is for the mobiles coming off and the site builts being done.There is considerable manufactured housing around this property.He thinks this will be up to each individual's discretion;it could go either way.He sees mobiles coming off the lots that are old and unsafe,but the majority of them are being replaced with site builts with an occasional newer manufactured home.He then gets the feeling that they lost another lot. Councilmember Severs asked if there is a certain amount of a manufactured home where i t is not considered REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 18 OF 28 manufactured anymore.He believed in a Sean Lake case they were bringing out a manufactured home and ground setting it,plumbing it,wiring it and building a garage on it and stuccoing it.He asked if there is a point where i t basically becomes a home and not a manufactured home. City Attorney Joel Stern stated i t is the basic structure that counts,even if it is stuccoed. Vice Mayor Eck commented he believed i t is the concrete slab that is the difference.Today's manufactured homes are beautiful. City Attorney Joel Stern stated i t is the permit that counts. Vice Mayor Eck commented there is also a difference in the development fee.A site built home is $2,513. Senior Planner Rudy Esquivias stated i t is just over $2,500. Vice Mayor Eck asked what the manufactured home development fee is. Senior Planner Rudy Esquivias stated a manufactured home on a private lot would be the same as a site built. Vice Mayor Eck commented that is the first he has heard that one. Councilmember Dietz commented he thought it was quite a bit less. Senior Planner Rudy Esquivias stated he believed if it is going on a private lot i t pays the same development fee: if it is going in a mobile home park,it pays less. Vice Mayor Eck commented they are going off on a tangent.He would close that issue and do a little research. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 19 OF 28 It does not matter on this issue.He thought it was considerably less so he was going to use that as a point. Councilmember Severs asked if there were plans for a garage,carport,patio or balcony. Senior Planner Rudy Esquivias stated i t is just a standard manufactured home. Vice Mayor Eck closed the discussion with no more comments and called for a motion. Councilmember Sippel MOVED THAT ORDINANCE NO.1250 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.1250,AS READ BY THE CITY CLERK,BE DENIED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-31,DECLARING THE APACHE JUNCTION CITY CODE,VOLUME I I LAND DEVELOPMENT CODE,CHAPTER 7, ARTICLE 7-1 DEVELOPMENT FEES,SECTION REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 20 OF 28 7-1-2 ROAD DEVELOPMENT FEES ON FILE WITH THE CITY CLERK AS A PUBLIC RECORD/ ORDINANCE NO.1251,ADOPTING BY REFERENCE APACHE JUNCTION CITY CODE, VOLUME I I LAND DEVELOPMENT CODE,CHAPTER 7,ARTICLE 7-1 DEVELOPMENT FEES,SECTION 7-1-2 ROAD DEVELOPMENT FEES )Development Services Manager John Petroff briefed the council on the item.He stated these were discussed in a public hearing last month.The council questioned the average cost per lane amount.Duncan Associates had used the $871,000 figure,the other figure was $990,000.The consultant had used the lower figure to be conservative;the council and city manager requested them to adjust it to the higher figure, which they have done.The revised development fees are what is before the council at this time.For a single family,the development fee will be $3,409,up from the previous $3,080.The original development fee was $2,527. If none of these development fees have been updated in the previous calendar year,they can come back and take another look at it and adjust them using the Construction Cost Index and/or the Consumer Price Index.Staff is recommending adoption. Vice Mayor Eck commented he believed i t is all about the whole concept of letting development pay for itself.A current 20-to 30 -year resident should not have their fees go up.He heard an utility company say their rates should be going up because they are broke. That is not the way i t should be.Our fees are extremely reasonable. Development Services Manager John Petroff commented the fee for a manufactured home was $2,031. Vice Mayor Eck commented i t is about $500 less.He thought there was more of a difference. Development Services Manager John Petroff stated the original development fees were in August 2002.It has roughly gone up about 12%per year. Councilmember Severs asked if the restaurant/fast food fees are out of line as they are at $9,700. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 21 OF 28 Development Services Manager John Petroff stated the original restaurant/fast food was at $7,158.It jumped to $9.700. City Manager George Hoffman stated the methodology is grounded in traffic generation.I t is that the fast food restaurant is going to have a lot more traffic generated than a single family residence. Development Services Manager John Petroff stated i t is all about traffic. Vice Mayor Eck commented they have a huge redevelopment area where they have the incentive package. Development Services Manager John Petroff stated that is the infill incentive. Vice Mayor Eck commented if they are in that area,these fees are not collected. Assistant City Manager Bryant Powell stated i t is the road development fee specifically that would be the incentive.When you get into the retail/commercial,i t is the greatest percentage and could be up to 80%sometimes.I t is a great incentive. City Manager George Hoffman commented the part that he finds challenging is that they have 7 years to expend these fees from the time they are collected.This methodology uses backwards -looking data and they have to build projects looking 4 to 5 years into the future.With the trend.line,they are almost certainly going to be challenged to have enough capital money to build the capital projects.He listened to a Maricopa Association of Governments Management Committee meeting in which the coordinator for the freeway systems was talking about projects that were coming in 20% to 40% and more over engineers'estimates.They will close the gap by upping the engineers'estimates.I t is the same thing talked about by our city engineer a couple of weeks ago on speculations done on something two years ago.The cost analysis was done two years ago.It missed the mark because of all the changes in the past two years.If they do what staff is recommending tonight,they are moving in the right direction,but he REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15.2005 PAGE 22 OF 28 would not want to leave them with the impression that i t fully relieves them of the challenge of building infrastructure in the future. Vice Mayor Eck commented they are probably looking at other revenues if they really want to straighten the streets,such as bonding. Councilmember Severs commented a . medical office is more than double a hospital.He would think that a hospital would do more business. Development Services Manager John Petroff stated they are again talking about trip generation. Vice Mayor Eck asked what they are using the guidelines from. Development Services Manager John Petroff stated they come from Duncan Associates. City Manager George Hoffman stated they are using national data.There are engineering studies that provide the average trip generation. Vice Mayor Eck commented they are the professionals. City Manager George Hoffman agreed and stated that is what they do.They do this so it meets the rational nexus so that i t is ultimately defensible in court if it is challenged. 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 further discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.NO.05-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE,VOLUME REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 23 OF 28 I I LAND DEVELOPMENT CODE,CHAPTER 7,ARTICLE 7-1 DEVELOPMENT FEES,SECTION 7- 1-2 ROAD DEVELOPMENT FEES".BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO.1251 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 Waldron MOVED THAT ORDINANCE NO.1251,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 24 OF 28 None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT (CDBG RA)AND STATE SPECIAL PROJECTS (SSP) )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated staff is seeking direction on two different items:which project or projects to prepare as a Fiscal Year 2006 CDBG Regional Account application with a guaranteed amount of $200,000;and which project to prepare as a Fiscal Year 2006 CDBG SSP application,a competitive grant in the amount of $300,000. covered it well last time. done their job well,as always. times they have been here on this issue. Councilmember Dietz commented they Vice Mayor Eck commented they have Councilmember Waldron asked how many CDBG Administrative Assistant Melinda Larson stated quite a few,she is beginning to feel quite comfortable on it. Vice Mayor Eck called for any discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECTS ACCOUNT:THAT WE PURSUE THE COMMUNCATIONS SYSTEM UPGRADE FOR BOTH THE REGIONAL ACCOUNT AND FOR THE SSP. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15.2005 PAGE 25 OF 28 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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,DECEMBER 5,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 6, 2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Waldron acknowledged the police department and the public works department for their efforts on the Veterans'Day Parade,as well as having the color guard from the police department.Things went very well.It was a holiday for city employees and these employees were out there working. Vice Mayor Eck asked if he ran the parade and if Councilmember Insalaco was out there emceeing. Councilmember Waldron stated he did. Vice Mayor Eck commented that over the weekend he saw a real estate broker with a professional photographer using our building for his business card for his portfolio.He was from Phoenix. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 26 OF 28 ADJOURNMENT )Vice Mayor Eck adjourned the meeting at 8:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 1,2005. 3.Consideration of Rejection of all bids for Project PW 2005-09,Traffic Signal Pre-emption Installation. ACCEPTED THIS 6TH DAY OF DECEMBER 2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF DECEMBER ,2005. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES • CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 15th day of November,2005.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 27 OF 28 Dated this 23rd day of November,2005. 7 e e ( e <d ' / / t g 4 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15,2005 PAGE 28 OF 28