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HomeMy WebLinkAbout2005-03-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH I ,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 1,2005,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Milkey gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald Public Works Director Doug Dobson Development Services Director Rudy Esquivias Assistant to the City Manager Amy Malloy Others Present:Assistant Planner Noel Griemsmann REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 1 OF 27 Management Assistant Janine Solley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2005-01,CUSTODIAL SERVICES FOR SELECT NUMBER OF MUNICIPAL BUILDING FACILITIES,BE AWARDED TO ABM JANITORIAL SERVICES IN AN AMOUNT NOT TO EXCEED $114,000,FOR A ONE YEAR CONTRACT STARTING MARCH 21,2005 THROUGH FY 2005-06 WITH ANNUAL RENEWAL OPTIONS FOR AN ADDITIONAL FOUR YEARS:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT,PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT THE APPOINTMENT OF TERRY MCDONALD AS INTERIM CHIEF OF POLICE FOR SIX MONTHS,WITH THE OPTION TO RENEW FOR UP TO AN ADDITIONAL SIX MONTHS,BE RATIFIED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Anthony Agerone,9658 E.Delmonte,Gold Canyon,addressed the council regarding the police department.He was concerned about people lying on police reports,hookers going u0 and down Apache Trail,and tweekers not being arrested.He asked what the police department is doing. Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction,addressed the council about pigeons causing a problem in his neighborhood.He requested the council pass enforcement to stop people from feeding the pigeons in the city.His neighbor feeds between 100 to 150 pigeons twice a day and they accumulate on their roof and on his.They defecate on his patio,pool deck, tables and outdoor furniture.They would have to hose down the backyard to REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 2 OF 27 have a cup of coffee outside in the morning.He has asked her to stop feeding them,but i t did not do any good.He asked animal control to talk with her and that did no good.He called the state health department who told him it was a county problem.He called the county health department and they have not returned his call.He is requesting some help.Vice Mayor Eck has come over to see how bad the problem is,and he invited other council members to do the same.He commented no children or animals can enter his yard,and he cannot open his bedroom door for fear of breathing in the stench and fumes. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council regarding the Community Alliance Against Family Abuse fundraiser.He urged everyone to purchase tickets for the event occurring on March 12.I t is for a good cause. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding a new group called Apache Junction Voice,a talk he had with candidate Joe Severs regarding his attitude,not getting answers to questions,the budget numbers on the new city hall,and taxes being paid on a rental property. Mr.Willard Bourquein,1492 S.Ocotillo Drive,Apache Junction,addressed the council regarding barking dogs.They have a neighbor that goes off to work and leaves his dog outside and i t barks all day and most of the night. Members of the neighborhood have called many times and they get no results. Animal Control told them two years ago that they do not have any help,now they say that their hands are tied and they cannot do anything about it.The law is apparently not strong enough for them to do their job or Animal Control has people that cannot do the job.He is aware of at least 25 to 30 calls a year on this dog,but they still have the same problem.He commented if he blew his horn every 5 seconds in front of their houses starting at 5:30 in the morning that they would call the police to have him arrested.He has talked to Tom Marcellino of Animal Control,who has been over there several times,but no one has been home so he leaves him a note.They cannot do anything about it because no one is home.He talked to a lady named Sullivan at the department and she was more concerned about the dog's rights than peoples'rights.Animal Control states they do not have any power to do anything.He commented there are 7 or 8 of them calling on this dog and nothing gets done.He requested some type of action be taken.They have called the police department at 10:30 p.m.but he feels that is wasting the REGULAR MEETING OF THE CITY COUNCIL MARCH 1.2005 PAGE 3 OF 27 taxpayers'money to have the police respond to what animal control people should respond to. Mrs.Lori D'Amico,1440 N.Idaho,Apache Junction,addressed the council regarding her visit to the state capitol last Thursday for legislative day along with members of the Friends of the Library and Library Director Pam Loui.They had a good time,received a lot of good information and visited with the senators and representatives from our district.She encouraged everyone to visit the legislature. Councilmember Milkey requested staff to look into the concerns of Mr. Pisinski and Mr.Bourquein. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR A FUNDRAISING EVENT ON MARCH 12,2005 )City Clerk Kathleen Connelly briefed the council on the item.She stated the purpose of the event is to raise funds and bring the community together on behalf of their organization. There are no objections from staff or the fire district.The applicant was notified to be present at tonight's meeting in the event of questions from the council. Mayor Coleman requested the applicant address the council. Ms.Christy Johnson addressed the council.The council had no questions. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He did not understand why the REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 4 OF 27 organization needed liquor.He saw in the paper where they are doing something with Presiding Judge O'Neil of Pinal County Superior Court.He thinks they need to clean up some problems of abuse issues that he has brought up in the past. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She was in support of the special event license in order for them to raise the. funds to provide the counseling services and shelter services for abused families.People do like to have some alcoholic beverages with their dinner,and this is a dinner and dance.I t is appropriate and there will be no children at the event.She urged the council to approve the license. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNTIY ALLIANCE AGAINST FAMILY ABUSE FOR A FUNDRAISING EVENT ON MARCH 12,2005,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,INDIVIDUAL,SERIES 6 LIQUOR LICENSE FOR CACTUS CLUB )City Clerk Kathleen Connelly briefed the council on the item.She stated the ownership has changed and, by law,the new owner must apply for a transfer.No issues have been raised by staff,and the applicant has been asked to be present in the event of questions from the council. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 5 OF 27 Mesa,addressed the council. had been the owner of the Cactus Club. the owner since February 1,2005. Mr.Dean Radak,703 N.99th Place, Vice Mayor Eck asked how long he Mr.Dean Radak stated he has been Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,INDIVIDUAL,SERIES 6 LIQUOR LICENSE FOR CACTUS CLUB,SUBMITTED BY DEAN EDWIN RADAK,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1227,CASE PZ-21-04. REZONING REQUEST BY AZIZ HELAL TO REZONE AN EXISTING 16 UNIT APARTMENT COMPLEX LOCATED AT 510 E.10TH AVENUE FROM CB -1 TO CB-1/PD FOR THE PURPOSE OF ALLOWING FOR THE UNIQUE SETBACKS AND LOT SIZE MINIMUMS REQUIRED FOR A CONDOMINIUM SUBDIVISION )Assistant Planner Noel Griemsmann briefed the council on the item.He stated these are lots 65 through 68 of the Palm Springs Subdivision.The applicant had developed 16 apartment units in 4 buildings along 10th Avenue.The applicant would like to replat this development as a condominium,which requires a planned development designation to allow for unique setbacks and lot size minimums which cannot be addressed under straight zoning.Staff looked at this as a REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 6 OF 27 new project since there was a request for a change.It was developed in various stages.Part of the project was completed prior to Ordinance No.940 and part of it was done after the screening code went into effect.There was a request for some deviations at that time.If done today,the project would be 5 trees short,one shrub short,and approximately 782'sq.ft.of ground cover short.Staff recommends utilizing those trees as a buffer between this property and the next,and adding additional ground cover to add interest to the front entry ways to the buildings.Only 726'sq.ft.of open space is required for apartments under the code,but as a planned development there is a requirement for 20% open space,requiring approximately 6,000 sq.ft.on a project like this.However,this project is already in place.I t only meets about 30%of the requirement but it was developed under a different set of standards.Play station points required are 3.2 today.A previous landscaping appeal resulted in council requiring the applicant to install 2 barbecue grills,2 picnic tables,and 2 pieces of playground equipment.None of that has been done,with no reason given as to why it was not done.To remedy the situation,staff would like to see more of a high quality recreational amenity to compensate for the limited outdoor space in the project.The dumpster does not meet full screening requirements under the modern development standards:i t is recommended this be brought up to standard with a screening gate.The development will have to go to individually metered water connections.It is currently run off the individual units with only one meter for the entire development.It will need a master meter for the sprinkler system that will have to be paid for by the homeowners association.The general plan for this area calls for medium density residential with 1-6 dwelling units per acre.This site is around 22 dwelling units per acre.However,planned development allows for a development to be approved that is as dense as the base zoning district.CB- 1 is a commercial district that does not allow residential uses,so there is not a base density,i t is basically a CR-5.It could be as dense as desired, so there is no conflict there.The use category for the general plan is residential.He commented that moving to a condominium ownership will increase home ownership opportunities in the city with a minimal reduction in available rental housing stock.Staff recommends approval of the project with the stipulations mentioned before,as well as installing timers and a separate water meter for the irrigation system,the pool,and previously required amenities in the center area.The planning and zoning commission unanimously approved the project with the recommended stipulations. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 7 OF 27 Vice Mayor Eck asked if they only need one additional meter for irrigation or an individual meter for each unit. Assistant Planner Noel Griemsmann stated the water district is requiring individual metering of all the homes, so each dwelling will have to have a meter installed.In addition,they will need a meter for the homeowners association's use so that there is no one individual paying for the water to irrigate the common elements. Councilmember Dietz asked if there is only one meter for the entire development. Vice Mayor Eck commented i t is a master meter.He has seen a lot of these and they are not always individually piped.When they go over to the meter,i t is not known if they are serving that individual. Assistant Planner Noel Griemsmann stated these units were individually plumbed so the conversion should not be too difficult.The water district is going to require it. Councilmember Dietz asked how they would be sure that the recreational amenities would be taken care of this time when they were not done before. Assistant Planner Noel Griemsmann stated they will have i t in the actual zoning ordinance.Failure to comply within the time frame allowed will cause code enforcement action to be taken. That could lead to fines and possible court action.He is not sure why the prior amenities fell through as far as oversight. Councilmember Dietz asked if they have agreed to do these improvements. Assistant Planner Noel Griemsmann stated the pool was part of the development plan on the original application. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH I ,2005 PAGE 8 OF 27 Mr.Aziz Helal,245 S.90th Place, Mesa,addressed the council.He started the project about 4 years ago.He is proud of what he has done.The parking and landscaping has been worked on.He submitted the application for the swimming pool approximately one year ago:they have the financial situation corrected and they are ready to proceed with installing the swimming pool and barbecue pits.It was their design to begin with.He has worked with the water district and he has no problem with providing separate water meters for each unit.He had wanted to do that in the beginning as there are renters who are not there the entire • year. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He believes the applicant would like to improve his property and he supports any property owner that would like to do an improvement,which this is.However,he is against the idea of condominiums.He does not think it will be a good sell for the area as there is a lot of multi -family housing there.There has recently been a rezoning of a lower income area a step up to single family homes:he will not be able to refer that one.There seems to be a trend to upgrade in areas that are traditionally lower priced housing.He suggested the applicant consider luxury apartments. Mrs.Anne Marie Surra,1150 E. Estevan,Apache Junction,addressed the council.She stated she lives around the corner and she thinks Mr.Helal had done a nice job with it when it was apartments.She has no problems with condominiums as people are now very interested in building equity into what they do.If they can get a condominium in place of a rental unit,they get something back if they ever leave that area.However,she is concerned about applicants requesting waivers and extra work that they would normally do for a project when i t is being zoned.She recalls the original application was given some leeway to the landscaping because there were 2 other apartment buildings already made. Now it will change into another facet of residential property and i t again does not meet all of the standards.Precedents should not be set regarding an applicant's ability to come in with a smaller project and expand i t into another use that requires greater standards to be met for open space or landscaping.She cautioned them about doing it on a regular basis:the purpose of the original zoning should be met.It may have taken him 4 years REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 9 OF 27 to build the project,but i t has not been up that long to determine if it was used as apartments.She does not recall seeing a lot of activity there.It should be the best use of property and for the property owner to take the risk of whether or not he can sell them as condominiums versus rentals;that is a businessman's prerogative to make that decision,not one for the council. Mr.Everett Diedeker,1673 W.12th Avenue,Apache Junction,addressed the council.He was concerned about the codes that were not met already,and asked if the codes would be enforced better than they have been in the past if this is approved.There would be no deficiency if they had been enforced.The other issue is safety, regarding the swimming pool.I t is being put in between units 2 and 3 and the only fences mentioned are at the front and back.The buildings would be the side fences.He is concerned about the building windows that open to the pool.Children could easily get out of the window into the pool area.I f there are no windows,then he has no concern.He asked if there would be room for them to have the pool and separate fencing in between the side of the pool and the building itself.He feels that is an extreme safety issue. He has no objection to the pool,but he questions the building being a safe boundary.They cannot bar the windows as there are safety issues there. Mr.Joe Severs,1184 N.Starr, Apache Junction,addressed the council.He stated he would like to see more of pride in ownership in Apache Junction.If someone is renting an apartment,they will not take as good care of i t as if they owned it.The owners will take good care of them and there will be a homeowners association.He thinks this is a good thing. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Insalaco asked i f there were windows to be concerned about in the area of the pool. Mayor Coleman asked if the pool was fenced. Vice Mayor Eck commented he thought the pool would have to be entirely fenced. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 10 OF 27 Assistant Planner Noel Griemsmann stated the pool would have to be fenced.The issue being raised is if the buildings themselves are the barrier and if there is window access.The building department has a requirement on the kinds of locks that can go onto a window for safety aspects.The idea was the ends of the units would be gated instead of doing an internal fence.Internal fences would shrink down the area. Vice Mayor Eck commented that where there is a building for protection,there could be a window but it would have to be specific. Assistant Planner Noel Griemsmann stated it would have to have a specific kind of lock or locking mechanism under the building code in order for it to be used part of the barrier. Mayor Coleman stated he was going to let Mr.Helal speak at this time. Mr.Aziz Helal stated he has children of his own and he had the same concerns.The application from the city shows a fence around windows and he is considering the same thing,in addition to the locks which are already on his application.The application form from the city shows a 6'fence along with the locks. Vice Mayor Eck commented a code question was asked earlier.He asked if there was a code that was not originally met and not enforced. Assistant Planner Noel Griemsmann stated he does not know why that was not followed through on.He assured the council that he would make sure it was followed through on this time. going to do that personally. stated that is correct. Vice Mayor Eck asked if he was Assistant Planner Noel Griemsmann Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 11 OF 27 Councilmember Insalaco MOVED THAT ORDINANCE NO.1227 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 Insalaco MOVED THAT ORDINANCE NO.1227,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-10.CASE SD -3-04.FINAL PLAT APPROVAL REQUEST BY AZIZ HELAL FOR THE CRESCENT MOON CONDOMINIUMS,A PROPOSED CONVERSION OF 16 EXISTING APARTMENT DWELLINGS TO INDIVIDUAL OWNERSHIP LOCATED AT 510 E.10TH AVENUE )Assistant Planner Noel Griemsmann briefed the council on the item.Everyone has reviewed the plat. I t is essentially finished with a few minor,technical details that need to be corrected.They should have i t back shortly.He requested approval of the plat. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented a public office REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 12 OF 27 candidate had talked about his being negative,yet he just generalized that a large,growing segment of the community are somehow not worthy,or unclean. or something else.His father was a renter all his life and he resents the comment. Mayor Coleman requested Mr.Fisher comment on the plat. Mr.Elliott Fisher stated i t is the same issue:the plat is being approved for the project that was just discussed.To him i t is all related. Mayor Coleman commented that item is over. Mr.Elliott Fisher stated they are asking for another referendum and this one will pass.He will do it. Mayor Coleman asked him if that was his statement on private property rights.He then apologized for the comment. The council consensus was there was no reason to apologize. Mayor Coleman closed the public hearing with no one else wishing to speak and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.05-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR CRESCENT MOON CONDOMINIUMS,CASE SD -3-04,BY AZIZ HELAL,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 1.2005 PAGE 13 OF 27 RESOLUTION NO.05-11,CASE PA -1-05, PRIVATE ACCESS WAY APPROVAL REQUEST BY RICHARD LAWIEN FOR HIS ORIGINAL FIVE ACRE PARCEL AT 2575 W.16TH AVENUE TO PROVIDE FOR ACCESS TO AN APPROXIMATELY .90 ACRE PARCEL LOCATED ON THE SOUTHWEST CORNER THAT HE SPLIT OUT OF THE ORIGINAL HOLDING IN 1997 )Assistant Planner Noel Griemsmann briefed the council on the item.He stated the applicant split a lot out of the rear of his 5 acre parcel in 1997.There was no city review of the land split due to the size of the parcel.The applicant did not think there would be any issues with providing the private access way across his property to provide access for this parcel.He provided a 25'wide access easement on the middle of his property at the Desert View alignment;however, the zoning ordinance regulates private access ways and requires planning and zoning commission review and city council approval prior to the creation of a private access easement.To resolve the problem for the new property owner, the applicant is requesting approval for a 28'private access way with the typical 20'x 20'intersection cut outs.He is requesting a waiver to pave or improve the access way due to its limited usage.The surface appears to have been chip sealed at one time.I t has a nice coating of pea gravel right now,so i t is somewhat dust -controlled but it does not meet the PM 10 standards.Staff is concerned that approval of this without any restrictions would lead to the potential of multiple land splits.The applicant is limited to 3,with 1 already used.Future buyers would be entitled to their own 3 splits until the lot size minimums of 10,000 sq.ft.each are reached. A possible scenario could have multiple lots utilizing this private access way,creating a situation similar to what is occurring to the direct east where it was developed a long time ago and they ended up with lots of private access ways and different sized lots with different access points,making i t difficult for law enforcement and fire to locate and service the properties. A restriction to allow only the south parcel to use this private access way would be a method of preventing this.In 1992 a similar request for a private access way was just down the street and the applicant wanted to do 3 parcels.It was rejected by council,and the larger side became part of the Casa Villa Subdivision,a 31 lot subdivision with full street improvements. He suggested a proper way to address this issue is to properly subdivision his parcel to go down to a possible 8,000 sq.ft.lot under the TH zoning in place and provide full street improvements including Desert View southbound. This would provide the proper circulation and further improve the land values REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 14 OF 27 in the area.Staff recommends denial of the request as proposed.The planning and zoning commission approved the request with the recommended stipulations in the staff report. applicant address the council. Road,Gilbert,addressed the council. property owner of the northern parcel. owned the property since 1958 or 1959. property where the house is. Mayor Coleman requested the Mr.Richard Lawien,415 W.Ray Mayor Coleman asked if he was the Mr.Richard Lawien stated he has Mayor Coleman asked if he owns the Mr.Richard Lawien stated that was sold off.He did put legal access through there through a surveyor or engineer,but they found out i t does not meet the city requirements.He is requesting the driveway be widened by 3'. Vice Mayor Eck asked when the survey or clearance took place. Mr.Richard Lawien stated i t occurred when he sold the house in 1997 or 1998.It was apparently not recorded by the title company,and that is why he is going through this now. He commented that if you want something done right,you apparently have to do it yourself.even though you pay someone else to do it. Councilmember Sippel clarified that he owns all the property north of the house. Mr.Richard Lawien stated that is correct. Vice Mayor Eck asked what i t is zoned. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 15 OF 27 Mr.Richard Lawien stated i t is zoned TH.He commented he once had a request in to have i t split like the property next door but the council would not give the person who was going to buy the property the same. Mayor Coleman opened the public hearing on the item.He closed the public hearing with no one wishing to speak and reopened the item to council discussion. Councilmember Milkey asked if the recommended motion contains the stipulations noted in the staff report. Assistant Planner Noel Griemsmann stated i t does. Councilmember Milkey asked i f approving this would establish legal access to only that parcel. Assistant Planner Noel Griemsmann stated i t does.The motion forwarded by the planning and zoning commission includes language that would only allow this home to utilize the private access way for the establishment of legal access.The east/west splitting of these lots in the future would not be possible without further council permission. Mayor Coleman commented he would prefer to see what the parcel on the left has done.He asked if they would have any trouble getting what is on the left with this parcel in the future if this is approved. Assistant Planner Noel Griemsmann stated it will not guarantee that they could get what is on the left.Mr. Lawien could split this down the middle and sell the 2 parcels.The next owner could theoretically do some vertical splits.It could still happen even with the language in the staff report.I t does not insure that less than a full subdivision occurs here. Vice Mayor Eck commented that economically it cannot get more than 2 more splits. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 16 OF 27 Assistant Planner Noel Griemsmann stated that is correct under the current zoning.The applicant can create one more slice,with the logical way being to split i t in half. Vice Mayor Eck commented it would make it more sense economically to create a subdivision. Assistant Planner Noel Griemsmann stated it would,however,situations change.If the ownership of the 2 parcels ended up being split,and they have 2 new owners who are not cooperating,the possibility of getting the development as the one on the left would be more difficult. Vice Mayor Eck commented they would have to approve the additional access after another split. Assistant Planner Noel Griemsmann stated that is not necessarily true.One could purchase one of the parcels, if it were split down the middle,and still do one more split down the middle itself which would require no process. Councilmember Waldron commented the third stipulation states that no other parcels now existing or created in the future can utilize the access way for the purpose nor to establish legal access.They would have to come back to the council. Councilmember Milkey stated they would not.They can use 16th Avenue as their legal access. Assistant Planner Noel Greimsmann stated any lots that are created that utilize 16th Avenue as the legal access would not require the process as they would not be utilizing the private access way. Vice Mayor Eck commented it would have to be a long,skinny lot. Assistant Planner Noel Griemsmann stated he has seen stranger lots. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 17 OF 27 Councilmember Milkey asked if they could inquire on the owner's intention for the property. Mr.Richard Lawien stated he has owned the property since 1958 or 1959.He has had 2 or 3 people interested in it to split i t like the one next door,including the guy next door.I f someone came tomorrow,he would sell it.That is why the line is down the middle.The lot that has been split off has a dish in the driveway so that it can be made into a circle.It was put in at the engineer's suggestion for a possible subdivision in the future. Vice Mayor Eck asked if his intent is to go with a subdivision in the future. Mr.Richard Lawien stated his intent has been to sell the property to whoever wants it.When he built the house,his intention was to not mess i t up too much so that someone could still put a cul-de-sac in.The TH-8 rating is not the most desirable,but i t can still be split into one acre or half acre parcels if they use a subdivision.He himself has no intention other than to sell it.He came to a hearing here once and the people stated they wanted a park there.If the city wants to buy i t for a park,that is fine,but he cannot afford to give it to the city for a park. Vice Mayor Eck commented he does not think the city can afford to buy i t for a park.He commented he thinks this is a real long shot.It would make more sense for the access road to be changed to a city street to create a subdivision to get the profit out of it. Assistant Planner Noel Griemsmann stated that would be the most logical route to follows. Councilmember Sippel commented that it could happen. Assistant Planner Noel Griemsmann stated i t could.Staff has struggled with this case as i t has a lot of what ifs. Mayor Coleman asked what would happen if they made the private access easement the same dimensions as the REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 18 OF 27 road in the cul-de-sac on the left hand side,so that when it came time to put in a cul-de-sac and road,it would already be there. Assistant Planner Noel Griemsmann stated one of the problems would be if they did not actually enter the subdivision process,there would not be the establishment of a public street unless the city went through condemnation proceedings to establish a public street.The city would have the burden of installing it. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO.05-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CREATION OF A TWENTY-EIGHT FOOT (28')WIDE PRIVATE ACCESS WAY PURSUANT TO THE APACHE JUNCTION CITY CODE, VOLUME I I LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 20 PARKING,LOADING AND INTERIOR OR PRIVATE STREET STANDARDS,SECTION 20.0108 PRIVATE ACCESS WAY STANDARDS,IN CASE PA -1-05,FOR THE PURPOSE OF PROVIDING LEGAL ACCESS TO A LAND -LOCKED PARCEL,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:4-3 (Mayor Coleman and Councilmembers Milkey and Sippel voted in opposition.) The motion carried. Mayor Coleman called for a 1 minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS Mayor Coleman called for a 10 Mayor Coleman reconvened the REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 19 OF 27 PREANNEXATION AND ECONOMIC DEVELOPMENT AGREEMENT FOR COCHRANE INSURANCE TRUST AND KEITH PILGER PROPERTY )Assistant Planner Noel Griemsmann briefed the council on the item.He stated the intent is to be a good neighbor and get them on board with the annexation proposal and it will assure good,quality commercial development on the site. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT APPROVAL BE GIVEN FOR THE PREANNEXATION AND ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COCHRANE INSURANCE TRUST AND KEITH PILGER PROPERTY;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SUPERSTITION VISTAS STUDY )City Manager George Hoffman briefed the council on the item.He stated 2 weeks ago Grady Gammage and Heidi Schaeffer discussed this topic with them.He requested council authorize staff to participate financially in the study.The amount is one- sixth of $200,000;he has asked for up to $35.000 in the event something comes up where a little more is needed.He believes the intended amount is $33.333.33. Councilmember Milkey asked if this would be a budget concern. City Manager George Hoffman stated i t is not.The council deemed growth issues to be a key issue for the organization and allocated more than this amount for such studies. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 20 OF 27 Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT APPROVAL BE GIVEN FOR AN AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ARIZONA STATE UNIVERSITY FOR THE CITY OF APACHE JUNCTION TO PARTICIPATE IN THE ARIZONA STATE UNIVERSITY STUDY OF LANDS IN NORTHERN PINAL COUNTY CALLED THE "SUPERSTITION VISTAS STUDY"IN AN AMOUNT NOT TO EXCEED $35,000:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARD OF BID FOR PROJECT NO.MS -04-10, SIGNAGE AND INSTALLATION PACKAGE FOR CITY HALL AND MAGISTRATE COURT )Assistant City Manager Bryant Powell briefed the council on the item.He stated the item was gone over at the work session last night.The motion in the packet allows for the 5 monument signs to be constructed and completed as part of the package. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Milkey MOVED THAT THE AWARD OF BID FOR PROJECT NO.MS -04-10,SIGNAGE AND INSTALLATION PACKAGE FOR CITY HALL AND MAGISTRATE COURT.BE AWARDED TO MOUNTAIN STATE SPECIALTIES, INC.,IN THE AMOUNT OF $116.963.00 PLUS 15% OR $17,544.45 FOR CONTINGENCY IN THE EVENT OF UNFORESEEN CHANGE ORDERS,FOR A TOTAL AMOUNT NOT TO EXCEED $134,507.45,BE APPROVED,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT,PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 21 OF 27 The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS POOL SETBACKS AND RELATED REGULATIONS )Assistant Planner Noel Griemsmann briefed the council on the item.He stated the current pool setbacks in other cities in the valley are varied.The smallest is Scottsdale at 2 ,with 3'being required in quite a few other communities such as Phoenix,Surprise,Gilbert and Maricopa County as a whole.Mesa requires 4',as well as Peoria and Pinal County.Tempe,Goodyear and Chandler require 5',while Apache Junction requires 7'from the property line.There are some exceptions for homes along alleys.The differences in the setbacks reflect a trend towards smaller yards,especially in more urbanized areas.There are also more things in pools these days such as waterfalls and hot tubs.The old setbacks may no longer be as appropriate as they once were.Some other communities are regulating pool equipment,such as pumps,filters,and heaters.Our city currently has no requirement for screening or location on site,and those regulations are not found in very many other communities on site location.Most people want to place the pool away from the house as far as possible as the noise can become a factor with the neighbors.Some communities have the sound impacts mitigated through sound walls or placement to keep the sound issues around pumps and equipment near the end of the lot to avoid neighbor disputes..They could also apply the primary building setbacks to pool equipment to put the pool further away from the rear yard but it may not put i t very far on the side yard.It would vary according to the zoning district.They could also apply equal setbacks to delineate a particular number that the pool equipment should be away from a property line.If the number is too large,it can limit the flexibility when dealing with small lots.Another option would be a quieting method, putting the equipment wherever they want but steps have to be taken to make sure it is quiet and does not disturb the neighbors;if the screening method is not effective,it makes resolving the issue more difficult.Some communities are requiring different types of heating equipment,such as solar and others along that line.Staff recommends revising the 7'setback;they are comfortable with the 3'setback and would like direction on that issue. Staff is concerned about the neighbor nuisance factor caused by not having REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 22 OF 27 regulations that address pool equipment and running water items.Staff would like direction on the possibility of looking at options to minimize these impacts,along with heating options. Councilmember Sippel asked when the cities made changes to their pool regulations. Assistant Planner Noel Griemsmann stated the trend has been recently,within the last 5 to 10 years.Some date in the 2000s.Most of the smaller setbacks are more recent. Councilmember Sippel stated i t is probably because of the way the new homes are being constructed. Assistant Planner Noel Griemsmann stated he believed so,with lot sizes getting down to 6,000 sq.ft.It is a little tight for pool space. Councilmember Waldron asked if the setback requirement is to the edge of the cement trim around the pool,as some waterfalls are farther back. Assistant Planner Noel Griemsmann stated the current regulations state the actual edge of water.I t kicks in with a body of water deeper than eighteen inches.A ponding area at the top of a feature less than eighteen inches in depth would not have the setbacks apply.A hot tub would apply. Mayor Coleman commented he would like to see the 3'setback with sound mitigation.He does not have an interest in requiring them to be solar. The consensus of the council was they were not interested in the heating regulations. Councilmember Dietz commented i f they have the 3'setback and sound requirements,waterfalls may have to be placed so that the back of i t is to the house.That does not make sense.He could see the pool filter and things like that which run and make a lot more noise,but the waterfall seems more tranquil. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 23 OF 27 Assistant Planner Noel Griemsmann stated the sound waves head out away from the waterfall;i t actually blocks its own sound. Councilmember Sippel asked if he was going to do research;the example he showed them looks fine to him. Assistant Planner Noel Griemsmann stated he was determining where the interest was and where the research should go. Councilmember Dietz commented he was looking for where the council is for the sound barriers and things of that nature,such as putting up a wall around a waterfall.He had included that and he wanted to make sure what they would be looking at.He wanted to head that off before it got too far. Assistant Planner Noel Griemsmann stated i f i t comes to a wall structure,it will be related to equipment and other items,not when it comes to an aesthetic water feature. Vice Mayor Eck asked if they are looking at putting a stem wall in the corner for the biggest calming effect. Assistant Planner Noel Griemsmann stated he will be looking at other communities to see what they are doing. They vary,some of them even have decibel levels.How that would be accomplished is the council s option.Some specify the location it must be. He will be looking at which solution works best. Vice Mayor Eck commented he is concerned about being practical. Assistant Planner Noel Griemsmann stated he is a firm believer in the keep i t simple method. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Milkey MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING POOL SETBACKS AND RELATED REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 24 OF 27 REGULATIONS:THAT STAFF CREATE A DRAFT REGULATION THAT INCLUDES 3'SETBACKS, POOL EQUIPMENT AND/OR SCREENING ISSUES AND THE SOUND IMPACT OF THAT POOL EQUIPMENT. Vice Mayor Eck 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,MARCH 14,2005,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MARCH 15,2005,IN THE CITY CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Sippel stated he took his 3 -year -old to see the Clydesdales up close and personal and his son thought they were huge. •The Budweiser employees gave him a tour and he got to sit up on top of the hitch. Vice Mayor Eck read a letter from a first lieutenant in Iraq who had responded to the fourth grade students at Avalon Academy that had been communicating with him. Councilmember Insalaco commented they had good weather for the parade and rodeo and the only thing the television stations could say about the city and Lost Dutchman Days was that the camels got loose. REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 25 OF 27 Mayor Coleman thanked the Chamber for organizing such a wonderful event each year. Councilmember Dietz commented there appeared to be more people this year than they had ever had before.The parade was fabulous. Vice Mayor Eck commented he had positive input from the Arizona Republic representative who was completely impressed by Lost Dutchman Days and the city. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:39 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 15,2005. 3.Approval of Award of Bid for Project Number PW 2005-01,Custodial Services for select number of municipal building facilities,to ABM Janitorial Services in an amount not to exceed $114,000.This will be a one-year contract starting March 21,2005 through FY 2005-06 with annual renewal options for an additional four years. 4.Ratification of Appointment of Terry McDonald as Interim Chief of Police for six months,with the option to renew for up to an additional six months. ACCEPTED THIS 15TH DAY OF MARCH ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 15T44 REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 26 OF 27 DAY OF MARCH DOUGLAS COLEMAN Mayor 2005. ATTEST: KATHLEEN CONNELLY City Clerk 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 1st day of March,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of March.2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 1,2005 PAGE 27 OF 27