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HomeMy WebLinkAbout2004-04-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 20,2004 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 20,2004,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 Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Milkey led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Mil key Councilmember Waldron Staff Present: (Councilmember Sippel was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Steve Campbell City Engineer Ron Grittman Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 1 OF 43 Others Present: Development Services Director Rudy Esquivias Associate Planner Noel Griemsmann Management Assistant Shari Watson Grants Specialist Roger Hacker CDBG Administrative Assistant Melinda Larson Business License Coordinator Taleen Carpenter Account Clerk Tina Marie Hayes Associate Planner Charles Beck ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED:AND THAT WE ACKNOWLEDGE RECEIPT OF THE "PLANNING FOR RESULTS"LIBRARY PLAN AS PRESENTED BY THE LIBRARY BOARD OF TRUSTEES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Management Assistant Shari Watson stated Thursday is Earth Day and staff believed it would be appropriate to recognize participants in the Adopt -A- Street Program,the Adopt -A -Highway Program,and people "Caught Recycling". She read an article regarding Earth Day.She commented the city has an employee recycling team which has initiated the Drop Off Recycling Program, an internal recycling program,and they are currently working on a public *awareness program.They recently had their "Caught Recycling Week"wherein the team went out into the community and caught people recycling.Mayor Coleman then presented Certificates of Appreciation to participants "Caught Recycling"and who are participating in the city's Adopt -A -Street Program and the state Adopt -A -Highway Program. Kathi Lee,Government Relations,Salt River Project,introduced Rob Konzioca, Transmission Planning Area Manager,and employees Joe Giles and Freddie Dobbins who would assist Mr.Konzioca in his powerpoint presentation.He REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 2 OF 43 gave a presentation on the electrical plans for the next six years.His primary points covered the electric overview,a long range forecast for the distribution load,and how it impacts the city.The transmission lines from the generating plants include the 500 KV and 230 KV lines.These are stepped into 69 KV,or subtransmission lines,which are more prominent in the city, which are then stepped down to 12 KV distribution lines which go along the roads,the alleys,and the transformers into the homes.The Phoenix area is one of the largest load areas in the country.There is not a lot of local generation;they import on the order of 80% of the energy needs for the Greater Phoenix Valley.He mentioned the predicted growth in the community for an eight year period.I t varies over the valley.They need to keep up with growth and maintain adequate reliability.They work with municipalities when lines need to be moved and upgraded when roads are widened.They also work with municipalities to make aesthetics improvements.They did a land use and saturation study last year;it showed what has occurred over the years and what is projected.Their projections on load growth tend to be consistent with city,county and Maricopa County Association of Governments forecasts.They need to put in a new distribution substation that will be served off the 115 KV system that may require siting through the Arizona Corporation Commission.He described how they do the load forecast.Each distribution substation serves approximately four square miles.The six year plan currently does not show any 69 KV line projects in Apache Junction.I f certain developments move forward in time faster than projected,that could change.He commented on a substation going in on some private land in Apache Junction near Bureau of Land Management land.They believe it will be needed by the winter of 2006/2007.There will be a public planning process and the National Environmental Protection Act process.They will need to do an environmental assessment for the latter.He described the process they will go through. Vice Mayor Eck asked if they have to wait until they have their actual growth before they can do their specific siting.He believes the substations are more accepted if it is there before the homes come in. Mr.Rob Konzioca stated they have a balancing act.They do not want to overproject as building the facilities takes a certain amount of capital. They want the facilities in place before the homes are there.They make a concerted effort to do more long term planning to figure out where those facilities will go and then get the permitting done in advance so that people will know where those facilities will be. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 3 OF 43 Vice Mayor Eck commented that is a:good idea He asked if they also go on StateiTrUst land at times. Mr.Rob Konzioca stated they do have easements on state land but they. normally try to acquire private land wherever possible,.They want long term rights as the substations are -expensive.State land rights are renewable: Vice Mayor Eck asked if there is a,fee to the city to relocate lines that are already in the right-of-way.On a recent widening of Superstition,allot'of - the: power poles are right at the edge of the curb. Mr.Rob Konzioca stated when they place the facilities in the road or -right- of-way,. they are there by permit,and if the city has an improvement project, then i t is Salt River Project's expense to move it.If they have obtained an easement prior to the city having the road right-of-way,then they have prior rights and it would be the city's responsibility to pay for the relocation of those facilities. Vice Mayor Eck asked if that was the case on Superstition Boulevard. City Engineer Ron Grittman stated the city had prior rights at the Superstition and Delaware area:Salt RiverJ3roject has prior rights for the area east -of Delaware and -on Broadway. Vice Mayor Eck commented that their substations do look very professional, haveexcellent landscaping and blend in with the:coMmunity.They are .hardly noticed- as they are aesthetically pleasing. Rbb Konzioca commented they are a community_jUst as the city is .community.I t happens wheneVer, they: can:d6:cooperative i work,such as being 'notified in'advance.of a:road:widening.This gives them to time:for:design, material procurement and construction. AMayor Coleman read ,a protlamation:designating May 16,22 -as, -"National. -Public -Works Week"and-presented•jt -to Public.WOrks Director Doug Dobson. CALL TO THE PUBLIC dMr.Elliott Fisher, .547 E.Quail,•Apache'Junction,, GreateriApache Junction ,Association for -Effective -Government,addressedthe council regarding REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 4 OF 43 Williams ,Gateway Airport and flight patterns;and public awareness on growth and expansion in the city. Mr.Martin Loftus,1057 E.Scenic,Apache Junction,addressed the council regarding the Lost Dutchman Marathon.He is a member of the Lost Dutchman Marathon Committee.They appreciate the -support of the city..He presented the city with a plaque of appreciation and: presented the council with tee shirts. Mr.Dan Wald,560 N.Rennick,Apache Junction,addressed the council regarding the Avalon Academy Annual Benefit andAuction.He thanked various businesses and:the city and state parks department for their support and donations. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE; CORPORATION,SERIES 12 LIQUORNACENSE FOR DIRTWATERSPRINGS RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item.She stated there is correspondence ,in the council packets from the fire ,district,city:planning division and police department indicating support of the application.The applicant was notified of tonight's bearing in event there:are any questions from the • council.Mr..Parks is present. Mayor Coleman requested the applicant address the council. Mr.Dick Parks addressed the council.He stated:he is selling the- number six license and getting a number twelve. Mayor Coleman, opened the public hearing on the item There being no one wishing:to speak,he closed ,the public hearingTand reopened: the item to council discussion.There being no discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 5 OF 43 Councilmember Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE,CORPORATION,SERIES 12 LIQUOR LICENSE FOR DIRTWATER SPRINGS,SUBMITTED BY THOMAS RICHARD PARKS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.04-07, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)STATE SPECIAL PROJECT (SSP) APPLICATIONS TO THE ARIZONA DEPARTMENT OF HOUSING )Councilmember Waldron declared a conflict of interest on the item and removed himself from the council chamber. CDBG Administrative Assistant Melinda Larson briefed the council on the item.On January 20 council directed staff to prepare the primary application ,for the purchase of vehicles for 5 community non-profit agencies and the city's victim services program.On April 6 council directed staff to prepare a secondary application for the purchase of 'a communication system upgrade for the police department.The city must include a resOlution authorizing the submission of the application as part of the application packages.Staff requests council adopt the resolution. Mayor Coleman opened the public hearing onAhe item.There being no one wishing to speak,he clbsed the public hearing and reopened the item to council discussion.There being no further -discussion,he called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO.04-07,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE_SUBMISSION OF APPLICATIONS FOR FY 2004 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS STATE SPECIAL PROJECTS (SSP)AND CERTIFYING THAT THE APPLICATIONS:(1)MEET THE COMMUNITY'S REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 6 OF 43 IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND (2)ARE NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron returned to the council chamber. PROPOSED RESOLUTION NO.04-03,CASE SD -1- 03,FINAL SUBDIVISION PLAT BY ROYAL DEVELOPMENT FOR A SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF SOUTHERN AND SAN MARCOS KNOWN AS SAN MARCOS CROSSING ) )Associate Planner Charles Beck briefed the council on the item.He stated staff recommends approval of the resolution. Councilmember Dietz asked if they would be calling Blue Stake out before they get started on the project. Associate Planner Charles Beck stated that is normally part of the procedure. Councilmember Waldron asked if the power lines along Southern are 69 KV or 12 KV. Associate Planner Charles Beck stated they are 69 KV and lower. City Engineer Ron Grittman stated there are 12 KV lines running underneath the 69 KV Lines.The substation is next to Arizona Water 12 on Southern. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 7 OF 43 Mr.Niel Nielson,2538 E.Emerald Avenue,Mesa,addressed the council.He is the one of the owners and is general manager of Royal Development.They have had some delays due to their engineer but they finally have all the issues resolved.The bond has been posted and all the questions have been answered.They have their 100 year certificate of water assurance and all necessary documentation.Everything is ready to go.They feel it will be a nice infill project that will provide housing in a desirable location.He urged their approval. Vice Mayor Eck asked if it was one of his contractors that hit the water line on his last project on 16th Avenue. was a nightmare. subbed that out. called Blue Stake. called Blue Stake. just dug on the blue stake. Mr.Niel Nielson stated it was.I t Vice Mayor Eck asked if he had Mr.Niel Neilson stated he had. Vice Mayor Eck asked if they had Mr.Niel Nielson stated they had Vice Mayor Eck commented then they Mr.Niel Nielson stated they did. They hit the water line.It was blue staked.The problem with Blue Stake is you know where i t is at,but you do not know how deep i t is.They knew it was there and they hit it.They are paying for it. Vice Mayor Eck commented he is concerned because they hit a line. Mr.Niel Nielson stated everything was located but they did not know the depths.They had a lot of problems on that project.They were getting ready to pave when i t rained and they had to REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 8 OF 43 rip everything out and let it dry out.It happened again before they could pave it.I t is now.done.The striping will be done tomorrow and the project will be completed soon. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,herclosed the public hearing and reopened the itemrto council rdiscussion.There being no further discussion,he called for a motion. Councilmember Waldron MOVED THAT . RESOLUTION NO.04-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY. OF APACHE JUNCTIONi,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FORrSANr MARCOS CROSSING,A RESIDENTIAL SUBDIVISION,IN CASE SD -1-03,BY NIEL NIELSON', BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous.. The motion carried. PROPOSED ORDINANCE NO.1195,AMENDING THE PUBLIC SAFETY DEPARTMENT FEES )Chief Campbell briefed the council on the item.He stated the city attorney,city clerk and police department have.worked to complete the ordinance -that will update fees that have not beenrupdatedrforrthe last 13 years.There are additional services added and new technologies have also become available such as the request for digital photographs.Additional items included are computer printouts, digital photography,video and audio recordings' as .well as crime statistics. Changes in rates relating to animal control functions haveralso been included.He requested the ordinance be approved. Vice Mayor Eck asked if this is where they are goingrto the twenty-five cents per:page on the public records request.He has been asked by people if they were increasing this charge in order to increase revenuerthrough this process.He asked if they were being charged a different fee before. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 9 OF 43 Chief Campbell stated that was his understanding.This does establish a more set fee that is based upon the number of pages in the report.He would have to refer to the city attorney on some of this as they cannot recover anything above and additional for a profit: Vice Mayor Eck commented he just wanted jt clarified that they were not trying to generate any more revenue with the fee changes.The police department is basically the same as any other department in the city. City Attorney Joel Stern stated that is correct.The city does not add fees just to raise.revenue.There is actually a labor cost in having someone count out the pages.They are not really saving money,they.are trying to get their cost back. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closedAhe public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1195 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED, Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen.Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1195,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Milkey SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 10 OF 43 VOTE:Unanimous. The motion carried. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1200,CASE PZ-3- 04,REZONING REQUEST BY APACHE JUNCTION MOOSE LODGE TO REZONE APPROXIMATELY 4 ACRES LOCATED AT 350 W.16TH AVENUE FROM GENERAL RURAL TO SINGLE-FAMILY RESIDENCE FOR 14 HOMESITES )Associate Planner Noel Griemsmann briefed the council on the items.He stated the lots run in size from 8,600 sq.ft.to 12,625 sq.ft.Access is from the south on 16th Avenue. The general plan calls for medium density residential,1 to 6 dwelling units per acre,with the target 3.5.This proposal is roughly 5 dwelling units per acre.I t is lower than the surrounding subdivisions.The lots are larger than the existing subdivisions.He listed the surrounding zoning in the area.The plan as shown complies with the general plan requirements for density and land use;the only concern was the proximity of the Moose Lodge. They have activities at different times of the day and evening hours and the parking lot abuts up against the backyards of some of the homes.To mitigate some of the lights and noise,staff has -suggested .the eventual developer to install two 24"box shade trees off the approved plant list in the backyards of these homes in order. to create some visual screening and require an 8' block wall fence.The planning and zoning commission stipulated the homes all front the cul-de-sac,to screen the homes from the Moose Lodge activities,and a request for the future developer to work closely with the engineering department to mitigate any retention problems.The commission voted unanimously for approval. Councilmember Waldron asked if the wall and the trees are a deviation from the requirement. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 11 OF 43 Associate Planner Noel Griemsmann stated there normally would not be any requirement for trees in the backyard. It would also call for a 6'block wall fence in a standard subdivision. anything else back there previously. stated i t has been vacant. Vice Mayor Eck asked if there was Associate Planner Noel Griemsmann Vice Mayor Eck commented he does not think the Moose Lodge is going to go away. Mayor Coleman asked what would happen if they do not comply with the stipulations as they are written in the ordinance. City Attorney Joel Stern stated the city would have an option to enforce it through a court action.The planning staff would meet with them first to try to find out why they are not complying.The city,if they do not comply,could then file an action in superior court and try to enforce the ordinance as a zoning ordinance. Vice Mayor Eck asked if it would go to the bond that they had put u City Attorney Joel Stern stated i f there is a bond put up,the city could also go after the bond. Vice Mayor Eck commented he does not think it will be a problem. Mayor Coleman agreed.He asked i f this is because i t is a straight zoning and not a planned development. City Attorney Joel Stern stated these kinds of stipulations are standard and it would be up to a judge to decide if these would be voluntary.I t is possible that if they did not do it,the city could not enforce it,dependent on the judge.I t could also be in the appellate court. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 12 OF 43 Associate Planner Noel Griemsmann stated staff also wanted to add stipulation number eight.I t is some of the standard language to develop the property within 24 months of zoning approval or it would be subject to rezoning reversion. City Attorney Joel Stern stated the 8'block wall is standard language that we put in hard zoning,so the city should be able to enforce that stipulation.What he said before may apply in other types of stipulations where it is not a planned development. number two would have to be added. stated i t is number eight. applicant address the council. Vice Mayor Eck asked if stipulation Associate Planner Noel Griemsmann Mayor Coleman requested the Ms.Juli McDaid stated the request was explained in good detail by staff and i t is in compliance with the general plan.The owners thought rezoning this land would make it more attractive to buyers.Those buyers will be responsible for the preliminary plat and final plat.There may be some very minor changes,although she is not sure what they may be as the amount of frontage is very restrictive.I t will all meet the code as specified.She designed the site plan and used the public street standards.It will be a public street.She understands the 8' wall requirement for buffering because this is a single family residential subdivision.She wonders if it might be more aesthetically pleasing and maintain a more residential appearance if they were required to do 4 trees in the back.There is enough width there and the wall could remain 6'high. The landscape codes calls for an 8'wall to separate residential and commercial uses but i t is usually commercial,multi -family or industrial development.She is concerned about how a homeowner would feel about an 8' block wall in the back as opposed to denser landscaping to provide buffering and screening. Vice Mayor Eck asked if a single lot would not be smaller than what they are seeing here. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 13 OF 43 Juli McDaid stated it would not. Vice Mayor Eck cOmmented he would take trees over a block wall any day. Ms.Juli McDaid:stated she believed it would be more appealing.The: 6'wall would buffer :a lot of sound and the trees areinore:aesthetically pleasing.She is sure the developers would:be more ,than willing to do that. Councilmember Insalaco asked if the west and north sides of the subdivision would also be block walls. Ms.Juli McDaid stated there is an existing wall now on the north side. Councilmember Insalaco stated on the other!sideare ,private properties,with chain link and wood fences. Ms.: Juli McDald stated there is already atlock wall there.! Councilmember: Insalaco stated he meant th eastHside MS.Juli McDaid stated there'is already one there,also.They are both from Roadhaven. Councilmember Insalaco statecHt is: already a block wall there. meant the east side. not.I t is the back side of Coconino. Ms.: Juli McDaid stated they would be required to da a 6'wall.They ,could dcYa landscape appeal. Councilmember Insalaco stated if ' theyare going :to put a,6'. wall on that side:i t Afould be ,nice:to have a 6', wall on,the other side. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 14 OF 43 Ms: Juli McDald stated she understands staff's intention to buffer it more,but she thinks 6'with additional landscaping would ,be adequate. Councilmember Dietz asked,how close the east end of the Moose is to the wall on the west side of the project. Ms.Juli McDaid stated i t is 50' away. Mayor Coleman opened,the public hearing on the item. Mr.Niel Nielson,2538 E.Emerald Avenue,Mesa,addressed: the council:He stated there is no retention shown on this.He believes the code states that in order for a lot to have its own retention i t has to ,be a minimum of 10,000 sq.ft;There would have to be some:kind of retentiOn shown in here in order for this to be incompliance for the number of lots.Either the lots have to be smaller or they lose 2 , Mts. Ms: Melba Kuntzellan;1920 S.Plaza Drive Apache Junction,addressed the council.She, is south :and a little west of this proposed development.They have a beautifully :maintained small community,They are concerned :about some of the properties in the area that: are not.She: asked if they are voting ,on the :rezoning or the plat.In her prior:experience :as:a realtor'the rezoning was: approved first and then the plat;I t appears they are being asked to approye)a plat of 14 lots that are adequate in size_When they do the proposed retention basin,of which staff has: recommended they ,use the two front lots;they will need to get 2, more lots out of there,:The only way she can seeJor;them,to do that ,is to shorten the boundaries.There is no spelling out of ,minimum size homes.She hopesthis :is residential one family;They live in a,densely populated area with many apartments and duplexes.There are some two bedroom homes in the area that have as many as terucarsTarked outside at night.They are concerned about the population density.They :have no streetlights.She askedjf the homes would ,be served:by city water and sewer.She asked i f they had taken into consideration the traffic patterns at the Moose Lodge. She asked if there' would be aAUrn:lanEon 16th Avenue There is a lot of traffic along there.She approves of the rezoning ,of the: site:,but she does not think enough thought has been givenJor the actual particulars.She REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 15 OF 43 commented since she has been assured that this is not a plat approval,she is sure that this will happen down the road.They are trying to maintain their property values.They would like to see this be a well planned one -family development.I t appears that if a plat is being submitted and they are aware that 2 of the lots will be taken for a retention basin,then they should submit a plat for 12 lots.I t is kind of vague on the size of the lots.The Moose Lodge does a good job of maintaining their property and they are good neighbors.She must have missed the rezoning notices or she would have addressed this sooner.She did not see any notices.She would be happy for their assurance that these concerns are being dealt with by the city. Mayor Coleman closed the public hearing with no one else wishing to speak.He requested the city attorney talk to the development services director regarding the retention issue.He stated this is not a preliminary plat but only a concept of what could go in there. Development Services Director Rudy Esquivias stated this request is a rezoning request to change the zoning from GR to CR-3.CR-3 by definition has certain minimum standards that the developer would have to meet,including a minimum lot width of 60'and at least 7,000 net sq.ft.with the standards setbacks met.This is not a plat but a concept plan.The zoning needs to be in place in order to create a higher density subdivision than the GR zone would allow.They still have to come back through the platting process and do all their engineering.At this point in time they do not see a solution for retention:they may or may not lose lots for retention.They have approved a couple of infill projects where the retention basins are actually part of the lot,such as Coyote Run and Quail Hollow.Their retentions are part of someone's property and the deed restrictions do not allow anything to be built there or impede the water flow.They are responsible for maintaining the retention basin.Some have worked out very well.I t is up to the engineer to propose a solution for retention.When this request first came in they were asking to spread out the retention over all of the lots.That is a possibility,or they may end up setting aside an area for retention.They may be separate tracts maintained by a homeowners association or they may be part of someone's lot. The platting process will give us those answers. Mayor Coleman commented i t is during the platting process that they would decide that they would need a homeowners association to insure that these are maintained. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 16 OF 43 Development Services Director Rudy Esquivias stated they could condition the plat on creation of an homeowners association.They could throw in a stipulation on this rezoning,making i t stipulation number nine,or they can do it on the plat. Vice Mayor Eck commented they normally do that on the plat.He added that anytime they have a subdivision request,they are held responsible for water retention. Development Services Director Rudy Esquivias stated that is correct.The improvements that they do are under warrantee for a year so if the retention basin is not working properly the city can go back. Vice Mayor Eck commented they have to perc test i t i f i t is just retention. Development Services Director Rudy Esquivias stated that is part of the platting process,including a drainage report,a soils report and a percolation test. Vice Mayor Eck requested he elaborate on the process. City Engineer Ron Grittman stated they are starting to shy away from making the retention private due to the problems they have had with other ones.This project will most likely lose one or two lots or the lots will be reconfigured.That will be handled at the platting time.They will be required to do all the engineering which includes soils,drainage reports,and so on.The retention area and the retention basin is included in the public improvements,so it will be part of the bond.The bond stays in place for one year after completion of construction so if it does not work,they will go after the bonding company in order to construct some remedies. Vice Mayor Eck commented he wanted the concerned citizen to be aware that i t is a whole other process and i t is something that must be done on every subdivision. Mayor Coleman asked if they would be required to put a wall on the east side of the subdivision. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 17 OF 43 Development Services Director Rudy Esquivias stated they will need to do perimeter walls. Mayor Coleman commented stipulation two is in there because the wall is required at 8'instead,of 6'. Development Services Director Rudy Esquivias stated that is correct.I t is normally a 6'wall.Due to the intensity of the use to the west,they have recommended an 8'wall with some buffered landscaping. City Manager George Hoffman asked if there will be sufficient parking left at the Moose for their current use. Development Services Director Rudy Esquivias stated they do not have a parking layout.He believes they have enough lot area for a fraternal -type organization but they do not have a paved parking lot or marked parking spaces. City Manager George Hoffman commented it would be ironic to approve the rezoning to allow for the land sale and then engender a parking problem. City Attorney Joel Stern stated i t would not change the use for the lodge.They probably would have some non- conforming rights.He does not believe they would have to resubmit a parking plan. City Manager George Hoffman asked if there was anything within council's purview that would help the neighborhood avoid a parking problem that would be created in the context of this action tonight. City Attorney Joel Stern stated they could put up no parking signs to deter on street parking. Vice Mayor Eck commented they have additional parking that they have not used thus far on the north side for those nights that they would need additional parking.They will probably take advantage of that.You see all the vehicles when the large building is REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 18 OF 43 full in the winter time.They are currently parking on the.edgeof that lot for convenience.They have the capabilities to enter from the south end. Councilmember Insalaco commented he used to live in that area up until a.year ago and 99%of the time the back area behind the building is empty.They will not lack for parking.The ground is so bad in that area that you do not want to park there anyway.I t is a residential area and i t is hard for him to visualize an 8'wall in a residential area.If it backed up to -more.commercial or industrial he could see it.This wall bothers him. Councilmember•Waldron agreed that 8'is too high.The headlights of cars coming and going should not even show over a 6'wall. There was general discussion on the wall. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1200 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. Vice Mayor Eck MOVED THAT ORDINANCE NO.1200,AS READ BY THE CITY CLERK:BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT UNDER CONDITIONS OF APPROVAL,LINE ITEM 2:THE DEVELOPER SHALL:CONSTRUCT A 6 FOOT HIGWBLOCK FENCE ALONG THE WESTERN PROPERTY BOUNDARY:ADDITIONALLY,THE DEVELOPER SHALL INSTALL FOUR 24"BOX CANOPY TREES IN THE REAR YARD OF EACH WEST BOUNDARY LOT TO PROVIDE FURTHER REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 19 OF 43 BUFFERING;ALSO ADDING LINE ITEM 8,THE PROPERTY SHALL BE DEVELOPED WITHIN 24 MONTHS OF REZONING APPROVAL OR THE ZONING MAY BE SUBJECT TO REVERSION TO ITS FORMER CLASSIFICATION BY THE CITY COUNCIL LEGISLATIVE ACTION PURSUANT TO ARIZONA REVISED STATUTE ANNOTATED SECTION 9-462-01. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1201,CASE PZ-4-.04, REZONING REQUEST BY RANDY QUESENBERRY TO REZONE TWO ADJACENT PARCELS LOCATED ON THE SOUTH SIDE OF 16TH AVENUE AND WARNER FROM GENERAL RURAL AND TRAILER HOMESITE TO SINGLE-FAMILY RESIDENCES/MANUFACTURED HOMES FOR -A 31 -LOT SUBDIVISION )Associate Planner Noel Griemsmann briefed the council on the iterii.He stated this is known as the Casa Villa Subdivision.I t is a 10 acre site located on 16th Avenue to the west of Delaware-at Warner Road.Most of the site is currently vacant with one vacant manufactured home on the northern corner.The initial plat has been modified -by the applicant to address some concerns.There are now two roadways in and a 31 -lot layout'.The homesites are at 9,500 sq.ft.The homes envisioned for this subdivision!range from 1,300 sq.ft.to 3,000 sq.ft: in size according to the applicant.The general plan designates this area as medium density residential.This proposal calculates out:to 3.1 dwelling units per acre which is lower than the existingsurrounding residences.He described,the surrounding area..The: most recent subdivision in the area_is Meridian Manor with 5,500 sq.ft.lots with roughly 6:dwelling units per acre. The general plan calls for the city to correct the RV/manufactured homes image perceptions that exist in and around the community.I t also states the community is to establish a wide'range of residential land uses throughout the community and limit the building of more manufactured homes.Housing Goal Number One recommends promoting residential variety and balance by encouraging site built homes.Staff recommendation has seen the trend in the past 7 to 8 years towards site built homes with several recent manufactured homes projects either filling in slowly or switching .The appropriateness of zoning for additional manufactured units in the city is a matter of policy REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 20 OF 43 for the council to determine.Staff has no recommendation on this proposal other than to say it meets the general plan requirements and essentially every other aspect of the rezoning request. Councilmember Waldron asked i f there were any other developers lined up to do something with this property. Associate Planner Noel Griemsmann stated he is not aware of any. Mayor Coleman asked if these stipulations could be made to stick since this is not a planned development, particularly the 1,300 sq.ft.,stucco exteriors,composite tile roofs,and new homes,meaning a manufactured home unit that is manufactured within the last 12 months preceding the application for installation,that they would provide an on -site retail office,and would conduct all the sales transactions of the homes there.He wanted i t clarified that these are more than just suggestions. City Attorney Joel Stern stated these are non-standard terms.If the applicant decided not to do them,even after tonight,the city could try to ask them why then are not doing it,then find out if they are going to do it,and if they do not,the city could file an action in superior court to try to force them to do it.Technically, because i t is not a planned development,extra terms make i t difficult to actually enforce.I t depends on the judge and the facts.They might want to ask the applicant about how they feel about all of these conditions.I t would be an easier case to pursue from a legal stsndpoint if it was a planned development. Associate Planner Noel Griemsmann stated most of the stipulations came out of the planning and zoning commission and the discussion they had with the applicant there.The applicant has stated he is willing to work with staff on the stipulations. The only change they would like to see is the composite tile roofs.He would like to see a dimensional shingle or some other equivalent in lieu of a tile solution. Development Services Director Rudy Esquivias stated the planning and zoning commission recommendation on this case was for denial.The vote was 5-2 with no specific reasons given for the REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 21 OF 43 denial.He believes the Arizona Revised Statutes allows the council to adopt zoning on a property that they think is appropriate.A question for the applicant might be to see if he is agreeable to a CR-3/MH/PD.He believes they could do that tonight. City Attorney Joel Stern stated i t depends on how the applicant feels about that.The actual zoning is what he is requesting to get rid off,from GR to TH.To change if from GR to CR- 3/MH/PD,they may or may not have to readvertise that.It may be a good question for the applicant. Vice Mayor Eck commented that process would make all the items in Ordinance No.1201 effective. City Attorney Joel Stern stated i t would make it much stronger. Councilmember Insalaco stated that means there would have to be tile roofs and everything. Vice Mayor Eck commented •they can negotiate on that. Mayor Coleman asked if all of these stipulations were in the ordinance that came before the planning and zoning commission,or were these their recommendations. Associate Planner Noel Griemsmann stated these stipulations were in the recommended motion for approval.Some of this was developed at the work session and it went to the public hearing. They did vote for denial.Some of the concerns in the denial were the garages as an option,architectural features and some other issues.If it had been a recommendation for approval,they would have seen those stipulations. City Attorney Joel Stern stated i t might be wise to continue this matter if there is consensus on the council so that staff could work out any of the details with the developer.They can then come back with a new ordinance. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 22 OF 43 Mayor Coleman commented he thinks they would get a better product if it was a planned development. Vice Mayor Eck asked if they could do that tonight. City Attorney Joel Stern stated they can,however,to get i t in the right format and do amendments,and the fact that the council has experienced difficulties in the past when there is amendments to the actual ordinance,and knowing that staff would like some time to look over the language and go through it,i t is easier on staff to continue it.I t is within the council's purview.If they think a continuance is an inconvenience to the developer then it would be up to the council. Mayor Coleman requested the applicant address the council. Mr.Randy Quesenberry addressed the council.He believes the subdivision they are proposing is different from what is out there.He does not believe diversity means where a home is built but the style of home,the lot sizes,and what the subdivision is like.He is requesting an approximately 30 lot subdivision.He feels the market is flooded with 6,000 sq.ft.lots,with 1,100 to 1,400 sq.ft.homes at about $100 per square foot.They are crammed in everywhere.Most of those homes have bedrooms that are like 10'x 10'.Someone that cannot afford a $200,000 plus house can either live in a little bedroom of a $140,000 to $150,000 house or they can step up or they can go into an apartment,which is not necessarily the right place to raise children.He is proposing a step house with these manufactured homes.They are not trying to compete with the large home developers and their entry level homes.He thinks there is confusion on the manufactured homes,that everyone wants the cheapest home out there.He feels that everyone wants the best deal on the home that they want.That is their marketing.They do not stock the low end home at all.What they stock,and what they want to do here,are 10,000 plus square foot lots,and our average home size is bigger.Most of the lots in this subdivision are 10,000 sq.ft.,some are even more.I t is not just the lot size;a lot of the lots in that area have had minor land splits where no one wants to spend any money and you get these little tiny spaghetti lots and the homes are lined up end to end.You pull into the subdivision and you see the end of the home. All the homes will have the front door facing the front yard in his REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 23 OF 43 subdivision.They will have large concrete .driveways far above what the minimum standards are.The lots are big enough to have optional garages or wooden carports.There will be underground utilities.They have exceeded city engineering standards on their pre -engineering,including a full block wall.There will be sidewalks on both sides.The streets will be a little wider than bare minimum.The entrance will look like $300,000 homes.They will have two common areas with playgrounds and covered picnic areas.They changed the one .entry as it was a concern of the planning and zoning commission.They will be residential style homes,very "higher tier"name brand homes. with concrete siding.There was a recommendation for stucco and tile roofs.They are proposing is hardy panel concrete. siding which comes in sheets so .that i t can be installed at the factory and is more durable than stucco.I t has a 50 year warranty.You can see seams 2"away,but not away.They proposed to build the roof with an upgraded shingle rather than tile.The tile roof costs. about $8,000 for 800 sq.ft.of roof,so the cost would put the home size back .down to 1,300 sq.ft.instead of 2,100 sq.ft. The homes are 2 X 6 construction,full of dry wall,and have lilly windows. They stock between 1,200 sq.ft.and 3,000 sq.ft.homes but 80%of their home sales are:in the 1,800 sq.ft. to 2,000 -sq.ft.range.They have 12"eaves on all four sides.They have varied roof pitches and dormers.They want a community look:there is nothing else out there like it.He does not_know of many subdivisions with this lot size in the $200,000 to $250,000 range.. There are benefits such as resales.Resales comes from supply and demand and also from private ownership.A family withAhree kids living in a 1,200 sq.ft.home runs out ofroom when they have another child or two.I t becomes a transient community with for sale signs up,they are Tun down,they are repossessed.They do not want the entry level buyer.They are going after the more affluent buyer that wants a step up that does not want to pay a house payment yet still wants quality.They have granite counters in .a lot of their homes and Conan countertops.They have a variety of dormers and glass options for the windows,including skylights.They are upscale homes. The resale value is dependent on the supply and demand.There are not many 10,000 sq.ft.lots with 2,000 sq.ft.home on i t under $200,000.There is .a greater pride of ownership because people are in a home that they want.They are talking about widening over 700'of city street there.Other subdivisions run a dirt road down one side- with little spaghetti lots with vinyl skirting.Vinyl skirting is what you put around a mobile home or an RV,not a manufactured home.I t is a home that is built in a factory.There are lower tiered homes that they do not sell.He showed them pictures of some of their homes.The entry level homes are usually the first ones to get repossessed and the owners have the least amount of money to maintain their REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 24 OF 43 home and keep the neighborhood looking nice.None of the wood on the outside of the homes they sell is particle board;i t is concrete.They have a stucco- look ,that is price efficient and more durable than stucco.Stucco cracks and needs:to be painted every four_or five years.Every -tat will be -laid out to wherethey can have a -garage and i t -A011 not be 2'from the lot line.The lots are 100'. wide-at .the minimum. Vice Mayor Eck asked if they would be given either a garage or a wooden carport. Mr.Randy Quesenberry stated they propose to have that as an option at the customer's choice, Vice Mayor Eck asked if they would have one or the other. •Mr.Randy Quesenberry•stated he does not have a problem with that. at all.He:is concerned about the.proposal from planning and zoning for the stucco-with .tileToof:He does prefer to do a hardy panel concrete siding with some type:of shingle roof.Stucco and tile add: about $16,000. Vice Mayor Eck commented he has looked at these.up close and he could not tell that it wasinot stucco. Mr.Randy Quesenberry stated it As made out of concrete;i t is actually the same thing.I t is actually compressed and reinforced so i t is much more durable.He actually offers regular stucco siding but he does not sell i t because he has too many services issues out of it from: the cracking.They have never had a state complaint as a dealer,they are very reputable.He stated they -have 12"to 16"eaves on the _homes.He showed them examples of the homes. Vice Mayor Eck commented he does not thinkAhey have a lot of subdivisions here that have shingled roofs.He does not care about the tiled roofs,-but he would like them to have this stucco.He would also like them to have either the wooden carport or the garage.I t needs to meet the setbacks,and there should be -a paved,concrete roadway up to that garage or through the wooden carport. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 25 OF 43 Mr.Randy Quesenberry stated they could easily put that in there,a choice of either a wooden carport or a garage. Councilmember Insalaco asked i f they were groundset. Mr.Randy Quesenberry stated all homes are to be groundset and they will have full concrete driveways far above minimum standards.All front doors are going to face the street with a fully landscaped front yard.They will not do the grass. Mayor Coleman commented they are talking about the rezoning which would allow 7,000 sq.ft.minimum lots.He asked the applicant if he would mind the council tacking on the planned development onto the rezoning request just to insure that they are going to do what he is telling them they are going to do. Mr.Randy Quesenberry asked what that entails. City Attorney Joel Stern stated i t changes the zoning from CR-3/MH to CR-3/MH/PD.It means that these conditions,in addition to any base zoning that you have,which means you would have to do everything that is stipulated to. Vice Mayor Eck commented that would be everything that the council agrees on as a majority.He does not think i t needs a tile roof,and he does not know if the majority feels that way.I t would predominantly be most everything in this ordinance. Councilmember Dietz commented i t would be the stipulations that are already there. Mr.Randy Quesenberry stated he has no problem with that at all.They plan to do this.They do have an onsite sales office for this,also.That will generate about $165,000 in sales tax for the city,along with another $80,000 in impact fees. Councilmember Dietz commented they will have a city business license. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 26 OF 43 Mr.Randy Quesenberry stated that is correct. Vice Mayor Eck stated i t is a different type of zoning that will give him most of what he is asking for and it will give the city more of a confidence level. Mr.Randy Quesenberry stated he is fine with that. Mayor Coleman commented i t is not that they have not had promises from developers before. Mr.Randy Quesenberry stated he is fine with that i f i t is the hardy panel sidings,the carport or garage,and all new,current year homes. Vice Mayor Eck asked if they are current year homes. Mr.Randy Quesenberry stated they are current year homes.They will be higher tier only homes,the homes that they sell.He does not want it to be open to anyone else;he does not want someone to come in and do a poor job in one area.They want to control this. They will be private ownership.They will not be buying this because i t is all they can afford,they are buying this because they want more room and a nicer home.Their market is based on a quality product,doing i t right and their reputation. Vice Mayor Eck commented if all of this comes true in that area,he will probably have the nicest subdivision east,west and north. Mr.Randy Quesenberry stated he thinks i t could be a community the city could be proud of.They will have nice front yards.They will install all front yard landscaping at the time of the installation of the home.It will not be left up to the homeowner. They will also install the garages so that they can control quality. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 27 OF 43 Mayor Coleman commented staff will need to review the preliminary plat and final plat along with the stipulations. Development Services Director Rudy Esquivias stated they can ask for the lot layouts,model elevations and all those kinds of things Mr.Quesenberry is offering at the time of plat. Councilmember Insalaco commented they would not be asking for anything more than what he is telling us. Development Services Director Rudy Esquivias stated that is correct. Councilmember Insalaco stated the homes that he has shown us have been okay.We are not going to be asking for something that he is not telling us. Development Services Director Rudy Esquivias stated he has told them tonight that there will be a garage/carport option,concrete exteriors,front yard landscape packages,skylights,granite countertops,higher tier homes only,and sales tax in the city. Vice Mayor Eck commented he had said no tile roofs.He would like to see the 3-D type of hingle that stands out a little bit more. Development Services Director Rudy Esquivias asked if he meant the asphalt tiles or three dimensional tiles. Vice Mayor Eck stated he meant three dimensional tiles. Mayor Coleman opened the public hearing on the item. Mr.Dennis Tubb,2952 W.16th Avenue,Apache Junction,addressed the council.He was there to represent a number of his neighbors in attendance.They are all in favor of the project. The lot has been vacant for a lot of years and is currently full of trash. As they were leaving for the meeting,there were go-carts and motorcycles REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 28 OF 43 racing around raising dust and creating noise.They would like for this to go away.He has been to their sales lot and these are not trailer homes, they are homes that just happen to get brought in on wheels.I t is not a box with awnings on both sides of it.Their neighborhood was developed in 1957 and a lot ofthe trailer homes represent the one that he lives in which was made in 1961.He would like to take it out-and.build a home on his lot.A lot of the older homes are being taken out and newer ones are coming in.The neighborhood is "coming up",.This project could be nothing but:an incentive to the people in the neighborhood ,to clean up their yards a little better and make things nice.They need this.He has not heard -anyone in the neighborhood say anything against this project.Everyone is in favor of it. They do not have people coming in wanting to do.something like this;they have a chance to make their neighborhood -better,and to get rid of a trouble spot.People have come in with a truckload of their worldly possessions and have tried to set up camp .under a,tree.The police are out there constantly; people drop cars off in there.They have called the police on -trash dumpers but the trash is still there.He requested.they approve the project. Mrs-.Maria Ewell,1330 W.Roundup, Apache Junction,addressed the council.She spoke in favor of the project. This Eproject is therbest.use for this land.She believes the project will do many things for the neighborhood and for the city.It will bring in a substantial amount of revenue and improve the neighborhood_The .applicant is proposingra qualitydproject of high:qualitrmanufactured homes.Shejs in the manufactured home -business and these are very bigh .end homes.They are not starter homes,single wides or ones that go in parks.These are homes that go on property where people own their home and land.She believes the extension of the sewer line and the paming of the roadrjs somethingAhe appliCantOs doing with his own investment money,but it will improve the neighborhood and.giveotfier neighbors the opportunity to hook onto the sewer if they desire.The largelots are also a positive aspect,-being atAeast 9,00-01sqJt.She has heard the request.numeroustimes;from the council and planning and zoning commission for larger lots.This developer starts with large: lots;and he is doing so because that is .what the homeowner wants. They.wan-Lsome:space.There is also open area and recreation area in this community.There has been an overwhelmingly positive,response.from -the neighbors:She .urgedHthe -:council .to support the project. Mr: Anthony, Milone,East 4th .Avenue;: Apach unction,addressedthe ,councii.He stated he believes the project is :a worthylDroject and itshoOld go throUgh!exceprit should not be REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 29 OF 43 going through this evening.There will be pressure on the .builder and the developer,and they are changing an ordinance into another .ordinance.He is not sure the builder.understands what is goingon.He commented he would put the utilities underground but that was not included in a list that Rudy -read. He is not sure the council knows. what all the changes will be.He recommends the council deny this tonight and bring back a new ordinance inAwo weeks which will include the proper zoning.They can then iron out everything they expect this builder to put into this project.It would then be.clear to the council and the developer as to how this project should finally look.He does not believe i t is currently clear to anyone.He.is not sure it would be proper to add the planned developmenton it tonight,especially to the developer,without notifying him of what you really want from him. Mrs.Anne Marie,Surra,1150 E. Estevan,Apache Junction,addressed the council.She -agreed that putting.a planned development on this zoning request is probably one of the better ways of insuring that the -stipulations you eventually require of the -development so that it meets your concerns is in the best interest of the entire city. She does not think i t should be denied.If they need more time to draft things, then continue the,item,:They should not have to start from scratch, She believes there are only a couple of conditions that are listed right now in this ordinance that,once the planned development is put on it,if the tile ,roofs ,and stucco are changed,,thoseHareAheonly.two.things that we: holding upthisAevelopment from going forward.We should be prettyJpored withAile roofs,and Stucco;they are everywhere.This is giving us an opportunity to see aNariety of homes in.the_city.She ,would like to see the , council get rid of the stucco and tile and give them some options to do what is in their normal product line.She does not. believe -she has heard any other stipulations that were iaproblem in any of the meetings.The tot lots, ramadas,and other amenities were agreecLupon,E The street standards:and:the homes facing the streets, are wonderful ideas She:does not want to see the council halt this project because they cannot put:the:planned development,on thisordinance and leave,out a: couple of those requirements for the'stucco and tile roofs. Mr,Louis Babin,2191 S.Belair Road;Apache Junction,addressed the council.He-asked why this was not brought before the Planning and zoning.commission jrnthe first place:I t one of his concerns.Since it was not planned. development,he had cOncerns that notall of the things promised would coma to fruition. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 30 OF 43 Vice Mayor Eck commented they talked about these things at the group meeting with planning and zoning. Things come to fruition the more i t is discussed.The council and the planning and zoning commission may not always vote the same way because the planning and zoning commission is not always getting the product that the council gets after negotiations and communications. Development Services Director Rudy Esquivias stated the applicant did not request planned development.They have been proposing a straight zoned subdivision.They were not asking for any deviations in lot size and setbacks.They were offering lot sizes bigger than what is normally required.The proposal,as it came in,did not require planned development deviations. Mr.Louis Babin asked why the city council is now trying to change it to a planned development. Development Services Director Rudy Esquivias stated they want to make sure that some of these additional things that Mr.Quesenberry is offering do,in fact,get incorporated into an ordinance.That is beyond straight zoning where we can do special conditions. Mr.Louis Babin asked if that could apply to planning and zoning.He asked if a planned development came to them that there would be more of a chance that those things would be applied and not forgotten about. Development Services Director Rudy Esquivias stated they would. Mr.Niel Nielsen,2538 E.Emerald Avenue,Mesa,addressed the council.He is partially involved in the development part of this subdivision.He strongly recommended its approval. The city needs "move up"housing.The starter homes he is building at San Marcos are starter homes going up to 1,700 sq.ft.to 1,800 sq.ft.The size house is limited due to the lot size.The applicant is taking i t from that point up to 2,200 sq.ft.It will give the residents the ability to move up. I t is a nice project.As a builder,he stated a tile roof has a 100 year warranty but i t does not last 100 years.The tile has to come off after about 15 to 20 years and must be redone.I t is not a lifetime roof.They REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 31 OF 43 now have laminate shingles that he will be putting on the homes.They are also putting those on the development at San Marcos.They are a minimum 30 year guarantee and is actually a better roof as far as durability and life than a tile roof is.He does not see a problem with amending the ordinance to add the laminate shingle.They are talking about the rezoning,and the issues they are talking about tonight are more the preliminary plat.What the houses will look like,the subdivision,and so forth.This is just the rezoning.He does not see a problem with amending this to a planned development tonight and making those issues stipulations as far as the preliminary plat approval.He thinks this is a good product that would be beneficial to the community. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Milkey suggested that they continue the item to allow staff and Mr.Quesenberry the opportunity to discuss the implications of adding the planned development to this ordinance. Mayor Coleman asked the development services director to explain the difference in the process between straight zoning and by planned development.He asked if that something that he thinks the developer needs to discuss so that they are fully aware.He asked Mr. Quesenberry if he was fully aware of what i t is they are changing in the ordinance. Mr.Randy Quesenberry stated he believes he is fairly aware. Vice Mayor Eck asked if he felt comfortable doing this tonight or if he would prefer to wait. Mr.Randy Quesenberry stated he felt comfortable with it now.He felt comfortable with i t being changed to a planned development.He did not feel they would pull something on him. Vice Mayor Eck commented i t is everything they discussed for the most part. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 32 OF 43 Mr.Randy Quesenberry stated they would be doing all that and probably a little more. City Attorney Joel Stern stated he is not sure Mr.Quesenberry has read the conditions.He may want to read the conditions before making that statement. Mayor Coleman asked if he meant the conditions in the ordinance. City Attorney Joel Stern stated that is correct.I t is the language that will govern,not necessarily what is on the record tonight.I t is what is signed by the mayor. There was general discussion as to whether Mr.Quesenberry had seen the ordinance. Mayor Coleman stated he believed he had or he would not have been objecting to stipulation number one. City Attorney Joel Stern stated he has heard the stipulations from the planning and zoning.That came up orally.He is not sure he has seen the ordinance in this form. Councilmember Dietz asked if he had a copy of the ordinance. Development Services Director Rudy .Esquivias stated he believed he does not. Mr.Randy Quesenberry stated he has gathered all his information from the planning and zoning meeting and the work session. There was:general discussion on whether to take a break;let Mr.Quesenberry look at the ordinance,and reopen the public hearing.The consensus was to take the break. Mayor Coleman called for a ten minute break. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 33 OF 43 Mayor Coleman reconvened the • meeting and reopened the public hearing.There being -no one wishing to speak,he closed the public hearing and•reopened the item to council discussion. Councilmember Insalaco stated he has driven by the place and i t is an eyesore.They could ask the chief how many cars they haver -towed away in the last month from that area.He sees. nothing wrong with these homes.You could drive through one of the subdivisions and you will find every other house for sale,broken windows; and these -are starter homes.They can get into them for $750 down and $700 a month.They then walk away from them when they cannot make the payments, like rent.Here they can have private ownership as they have put the money down.He is also sick of tile roofs. Vice Mayor ,Eck commented Councilmember Milkey mentioned he would like to see i t continued.I t is not. that they do not agree on the items,but that they have rushed everything.in trying to:put this package together.He does not see -a problem unless i t is a problem for the developer.If two weeks is that much time,it would probably be better to have the time to look and see what exactly he is agreeing to,unlessihe feels like he is totally comfortable with i t now. Mr.Randy Quesenberry stated he is comfortable with ltilow.-Mr.. Esquivias,.explained.a couple:of things for him. Vice Mayor Eck commented he is okay -with•i Mayor Coleman statechhe hopesAhis will be a subdivision that Will last 50 years.He' would not like for:him to come backand'say they never told him or staff nevertold him this ,night: He thinks:thatHf two weeks can: have them avoid those :kindsrof situations 'and problems,he would prefer toiiave:the two weeks_Heiaskediff they would have to readvertise City Attorney Joel Stern stated he- does:not believe they would have to readvertisetut they wouldtave -to change some of the standard planned development language; the title,and then somewhere in the body any conditions. that need tolpEchanged,such as the REGULAR MEETING OFTHE CITY COUNCIL . APRIL. 20,. iPAGE : 34 OF 43.. tile roof issue.He thinks it would be better to:meet with the developer.A two week period should not be that much of an inconvenience. Mayor Coleman stated they can move tonight to bring i t back the first meeting in May. City Attorney Joel Stern stated that is correct:date specific would be Tuesday,May 4,at seven o'clock. Vice Mayor Eck asked what the developer's preference was. Mr.Randy Quesenberry stated his preference is now. Vice Mayor Eck commented he does not think they are making drastic changes to where there is going to be that much difference between tonight and two weeks from now.He would like to go on the developer's behalf on this one. Mr.Randy Quesenberry commented there is not much for them to talkhabout EverythingAhey want]iim to do will be done,With or without the planned:development,The only issue be had was the stucmand tile. Vice Mayor Eck commented they are adding,tha.carport or garage. Mr.-Randy QUesenberry:stated he. is fine:with -that.He has been working on this-for,awhile and-he would:like to. get. started.-- _Mayor,Coleman: commented he realizes. he has been working:on: this for -awhile; 'and:he does not want to:sound like: •theTare puttingf-it-off,•but -his experience ,has been that -When they try to change:something„from the: hip,things get. missed.He would .be more: :comfortable if theyput'it back .on .forAhe first ,meeting. in .May. Theremas general discussion as to whether this item: should:be conttnued.to_May,4. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 35 OF 43 City Attorney Joel Stern commented they could sit down with the developer between now and then and get the exact language that he would agree to.He suggested they set forth exactly in the motion the types of things they want to see,or list them,so that when he or Rudy meet with the developer they can say what the language is that the council would like to see.If it is done tonight,they could have broken language and things that they intended to have in there but because of the rush was not in there. Vice Mayor Eck commented he did not think they were rushing. City Clerk Kathleen Connelly stated the planning and zoning staff usually waits for the minutes to .be produced. They then craft the language of the amended ordinance.I f i t is done in that sequence,this ordinance will not be ready in less than two weeks.The minutes cannot be done tomorrow.It will take the two weeks that no one seems to want to wait for to actually craft the ordinance.They cannot proceed until the ordinance is signed. Mayor Coleman stated she is saying the ordinance will not be ready for their signature for two weeks anyway. City Clerk Kathleen Connelly stated that is usually the time frame for ordinances with amendments,especially amendments of this magnitude. Mayor Coleman stated he could sign the ordinance in two weeks right after the meeting., City Clerk Kathleen Connelly stated that is correct.If they wait the two weeks,it could be signed that night. Development Services Director Rudy Esquivias asked if the ordinance becomes effective in 30 days.The ordinance would be done in two weeks,but i t actually becomes effective 30 days after the signing. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 36 OF 43 City Attorney Joel Stern stated i t is subject to referendum during that 30 day period. Councilmember Dietz commented that if it is done tonight,it will still go into effect in 30 days.If they wait two weeks,it will go into effect 30 days from that time. City Clerk Kathleen Connelly stated it would be 30 days from the time of signing. City Attorney Joel Stern stated from the time of signing or 30 days after the minutes become available,under case law.You could have an ordinance that does not even get signed and i t would be based on the actual minutes.There is a case on point that was based on the minutes and there was an ordinance that was signed well after the minutes were available.It caused some interpretation problems for that particular court. Vice Mayor Eck asked how long i t takes to get the minutes done. City Clerk Kathleen Connelly stated because ofthe length of this public hearing Rudy may want to listen to the tape or wait until the minutes are produced.They will draft the ordinance from that.That will not happen tomorrow.Until the ordinance is rewritten, prepared and signed by the mayor,there is still going to be a gap in there_ Vice Mayor Eck commented that with the amendments tonight,the gap will probably be close to the 2 weeks if we handled i t in the regular time. City Clerk Kathleen Connelly stated that is correct. Vice Mayor Eck commented it would probably be best to continue it,as they are not talking about any time loss to the developer. City Clerk Kathleen Connelly stated during 'the intervening days Mr.Quesenberry could get together with staff, agree on the language,and the ordinance would come back to the council in that form,and the mayor signs it that night. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 37 OF 43 Councilmember Dietz commented i t then goes into effect 30 days from then. City Clerk Kathleen Connelly stated that is correct. Councilmember Dietz commented they are still looking at the mayor signing i t in two weeks regardless of what they do tonight.If it is all done and the mayor signs i t in 2 weeks,i t is still the same time period. City Clerk Kathleen Connelly stated it would be the same amount of time. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT CASE NUMBER PZ-4-04,REZONING REQUEST BY MR.QUESENBERRY BE POSTPONED UNTIL MAY 4,AND THAT IN THE INTERIM STAFF CRAFT THE ORDINANCE WITH THE AMENDMENTS THAT WERE DISCUSSED THIS EVENING. Vice Mayor Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Dietz voted in opposition.) The motion carried. CASE PZ-5-04,A REQUEST BY MR.ROGER RILEY TO APPEAL LANDSCAPING AND SCREENING REQUIREMENTS )Associate Planner Noel Griemsmann briefed the council on this item.The applicant -would like to request a waiver of some of the landscape and screening requirements.This is an infill project'on Royal Palm,a single lot located on the western side. He is required to do a 10'landscaped setback along the right-of-way. Currently there is an extra 23'of open public right-of-way-.The applicant would like:to move the required wall to the property line to make it more in line with a single family development and maximize the yard.He would then take the associated landscaping and push that into the right-of-way.He would match up with the landscaping that is going .on across -the street at the REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 38 OF 43 Indian Wells Apartment Complex.The applicant would also like to have the requirement for an irrigation system waived-.Native species will be planted and he would like to make.sure they -are established and have nature run its course.The area is zoned CB -1:He described the surrounding area. Landscaping and screening requirements typically do not _apply to single family developments unless they are:in a commercial zone,which is what kicks in some of these requirements.:If this were any other residential zone,he would not have to worry about the situation-.For the waiver to be approved, the circumstances could not apply to other buildings in the neighborhood;he has a weird.lot frontage along Royal Palm that requires landscaping.If he was in the neighborhood,: he would only have 50'of front yard.He -has 50'of front yard plus 170'of side yard to deal with.Granting the application is - necessary for the preservation of the existing property .line The applicant feels that moving the:10'back takes a lot of his rear yard up;it would be less usable as a single family residence and would reduce market value.The application will not affect the -neighborhood.The city ,is not losing anything here as far as the landscaping.The landscaping along Royal Palm will be beefed up in lieu of having an extra 10'of right-of-way.Staff recommends approval of the -deletiorrof the 10'side yard setback to allow the applicant to put.the block fence along the property line.The irrigation system deletion is recommended as they will be native species.The applicant- had an initial:request:for:a waiver of maintenance but that has been withdrawn.The applicant is unableito be here tonight. Councilmember -Waldron commented they will maintainAhelandscape buffer as stipulated in number four.I t will not be maintained by the city. Associate'PlannerNoel Griemsmann stated -tha -Lis correct.He-was asking for the :city_to ,do it -but that has been withdrawn..He asked if he could also get upgraded brown or sand colored block in, lieu ofipainted block.He felt i t is lower maintenance and a nicer product.Staff does not have an issue with that. COuncilmember Waldron commented he was concerned that thecity would betaking care ofthe landscaping strip. Associate ,Plannerdbel Griemsmann stated only'if the:coocil allowed it to be..With ,no action the applicant will have to take care of it. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 39 OF 43 Mayor Coleman commented if he had proposed to build it the other direction like another is doing with theirs, he could have gotten rid of the whole thing,but i t is already built. Associate Planner Noel Griemsmann stated the home is almost finished.The applicant will be putting in three 24"box trees which exceed what is required.He could have done 15 gallon but he was willing to beef it up. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Milkey MOVED THAT THE REQUEST BY ROGER RILEY TO APPEAL THE LANDSCAPING AND SCREENING REQUIREMENTS BY ,SEEKINGANAIVER OF THE REQUIREMENT TO PROVIDE A 10!WIDE SIDE YARD SETBACK ALONG THE fASTERWEDGE OF HIS PROPERTY WHERE IT BORDERS ROYALiPALM AS WELL AS THE ASSOCIATED LANDSCAPING AND IRRIGATION SYSTEM,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE Unanimous. The motion carried. OLD BUSINESS None:. NEW BUSINESS None. COUNCIL DIRECTION TO STAFFHON ANY OF THEABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION STAFFiON OTHER PROPOSED LEGISLATIWOR ACTIONS : SCHEDULE FOR BOARD AND COMMISSION REGULAR MEETIUG OF THE CITY COUNCIL APRIL 20,2004 PAGE 40 OF 43 APPOINTMENTS )City Clerk Kathleen Connelly briefed the council on the item.She stated the consensus from last night's work session was that the council wishes to interview for the work session of May 3 new applicants only for the Board of Adjustment,Library Board,Parks and Recreation Commission,and the Planning and Zoning Commission,with those appointments or reappointments to be made the next subsequent evening.At the work session of May 17 the council will interview new applicants only for the Health and Human Services Commission,Industrial Development Authority, Municipal Property Corporation,and Public Safety Personnel Retirement Board, and those appointments will be made the next subsequent meeting.The council does not wish to interview those wishing to be reappointed. Councilmember Dietz commented that sounds correct. Mayor Coleman closed the discussion and called for a -motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE SCHEDULE FOR BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS:THE SCHEDULE ESTABLISHED BY THE CITY CLERK PER THE DISCUSSION ABOVE. Councilmember Insalaco 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 WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MAY 3,2004,IN THE CITY CONFERENCE. ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE SESSIONAT 6:00 P.M.BE HELD ON TUESDAY,MAY 4,2004, IN THE CITY CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 41 OF 43 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Milkey announced that the library is having their puppet show tomorrow for Library Appreciation Week. Councilmember Waldron commended Bob Mayes and his folks for last Saturday. They had a Public Works Day;they had boy scouts out there and they did a half mile of fencing.Project Challenge was also out there,along with a lot of city staff.They fenced a lot of the State Trust land along Lost Dutchman and Mountain View.They did a good job. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:04 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 6,2004. 3.Acknowledge receipt of the "Planning For Results"Library Plan as presented and recommended by the Library Board of Trustees. ACCEPTED THIS 4TH DAY OF MAY ,2004,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MAY DOUGLAS COLEMAN Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 42 OF 43 ,2004. 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 20th day of April,2004.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of April,2004. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 20,2004 PAGE 43 OF 43