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HomeMy WebLinkAbout2003-09-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 2.2003 The regular meeting of the City Council of the City of Apache Junction. Arizona,was held on September 2,2003,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 Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Waldron Staff Present: (Vice Mayor Eck and Councilmember Sippel were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Library Director Pam Loui REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 1 OF 30 Public Works Director Doug Dobson Interim Dev.Svcs.Director Rudy Esquivias Others Present:Grants Specialist Roger Hacker 'AssOciate.Planner Steve Abraham ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE CONTRACTS FOR HUMAN SERVICES FUNDING FOR FY 2003-04 BE APPROVED AS FOLLOWS:APACHE JUNCTION REACH OUT,INC.,$19,000;CATHOLIC COMMUNITY OF ST.GEORGE,$10,000;COMMUNITY ACTION HUMAN RESOURCES AGENCY,INC.,$10,000:MESA SENIOR SERVICES,$22,000; AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER,$19,000;WITH THE STIPULATIONS AS RECOMMENDED BY THE HEALTH AND HUMAN SERVICES COMMISSION;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACTS;AND THAT APPROVAL BE GIVEN TO INVITE THE TRUST FOR PUBLIC LAND INTO THE CITY OF APACHE JUNCTION TO ASSIST WITH THE CITY'S EFFORTS TO PRESERVE STATE TRUST LAND;AND THAT APPROVAL BE GIVEN TO PURCHASE EBSCO INFORMATION SERVICES DATABASE SUBSCRIPTIONS IN AN AMOUNT NOT TO EXCEED $19,000 THROUGH AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH MARICOPA COUNTY;AND THAT APPROVAL BE GIVEN FOR THE CITY MAGISTRATE EMPLOYMENT AGREEMENT FOR FY 2003-05,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. City Attorney Joel Stern commented Councilmember Waldron had declared a conflict of interest on one of those items. Councilmember Waldron stated he remembered the conflict of interest item. VOTE:Unanimous.(Councilmember Waldron voted yes with the exception of Item 3 on the health and human services agreements on which he abstained due to a conflict of interest.) REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 2 OF 30 The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1183,PZ-3-03, REQUEST BY OLD WEST HOLDINGS LLC TO REZONE - A COMBINED 4.17 GROSS -ACRE DEVELOPMENT SITE FROM CB -2 -TO CR-4/PD TO DEVELOP A CONDOMINIUM SUBDIVISION )Associate Planner Steve Abraham briefed the council on the item.He stated the applicant is unable to attend the meeting this evening and has requested a continuance to September 16, 2003.He had a family emergency that took him out of town and he would like to discuss some of the stipulations in the ordinance.The site is located at the northeast corner of Acacia and Southern -and he is requesting to develop 25 units.They are one story and have three model types.There will be recreational facilities in the newer development and a path leading wound the outside with a "western"feature.The general plarrdesignates two different designations for this site:ohe for commercial/retail and the other for medium density residential.He described the surrounding area andthe open space included in the project. 'Staff has determinedthat the types of recreational facilities may not be sufficient for this development.Staff recommends the addition of a pool,tot lot;barbecue grill and park tench to be located in the centralized open space area.Other stipulations involve road paving or improvements in exchange for not building a pool. Councilmember Dietz commented a 5' driveway is very narrow.He asked if they wouldbe parking their cars in the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 3 OF 30 garages,at all times as they cannot park on the streets.He asked how many guest parking spaces they have. Associate Planner.Steve Abraham stated they have 9 guest Iparking spaces. Councilmember Dietz comMented i t does not seem to make alot of sense. Associate Planner.Steve Abraham Councilmember Dietz comMented i t Associate Planner Steve Abraham stated the CC&R's are supposed to reflect not being.ableAo park in the street. Councilmember Dietz commented there are not too many 4'or 5'cars out there with these .only having 5'driveways. He believes they are calling.them -condominiums to get away from the .square footage requirement.The 5'driveway scares him. Associate Planner Steve Abraham stated the higher density ofthe.project motivated staff to request additional recreational amenities.The type is appropriate for this ,kind :of development. these mould be owned by the stated they would own the unit. would own the unit but not the property. Councilmember Insalaco asked i f Associate Planner Steve Abraham Councilmember Insalaco stated they Associate. Planner Steve Abraham - stated that is :correct.The property around the unit would be common, area. Councilmember Insalaco stated their driveway and the area surrounding the .unit.is common area. Associate Planner Steve Abraham stated that is correct. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 4 OF 30 of the units have adjoining walls. stated they do not.. are basically single family homes. stated that is correct. square footage of each unit is. Councilmember Waldron asked if any Associate Planner Steve Abraham Councilmember Waldron stated they Associate Planner Steve Abraham Councilmember Waldron asked what the . Associate Planner Steve Abraham stated unit A is 1,622,unit B is 1,645,and unit C is 1,703. Councilmember Waldron asked what the maximum lot size would be.They are asking for a minimum lot size of 1,622 square feet. Associate Planner Steve Abraham stated the maximum lot size is 1,703 as they use the condominium as the lot. The condominium is actually what is owned by the individual.There is an inconsistency in the CR-4 and CR-5 zoning districts which does not allow for a condominium or townhome project to meet the full requirements of the zone. They are setting a precedent by saying that the unit is defined by the exterior walls and that would be the lot because the owner does not own the rest of the area,the association does. Mayor Coleman asked if the owner would rather improve Acacia than put in a pool. Associate Planner Steve Abraham stated that is correct. Mayor Coleman commented he does not see that in the recommended conditions of approval. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 5 OF 30 Associate Planner Steve Abraham stated there is an addendum submitted with the staff report that gives them the ability to do that.I t is stipulation number 7. Mayor Coleman stated he saw where i t added 7 but deleted 13. Associate Planner Steve Abraham stated it would have modified 7 and added 13. Mayor Coleman opened the public hearing on the item. Mr.Don Peterson,2435 S.Acacia Road,Apache Junction,addressed the council.He lives on the south side of the proposed project.He is concerned about the drainage that will occur during a heavy rain.They want it to go,through a culvert under the homes that they want to build.His neighbor was also concerned about the wall that was promised but now is not going,to be built.He is also concerned about the amount of homes in such a small space. Mayor Coleman closed the public hearing on the item with no one else wishing to speak and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT THIS ITEM BE CONTINUED TO THE SEPTEMBER 16,2003,MEETING. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.03-13,EX -2003-01, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON 22ND AVENUE BETWEEN ACACIA ROAD AND OLD WEST HIGHWAY AND SOLANA ROAD REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 6 OF 30 BETWEEN OLD WEST HIGHWAY AND SOUTHERN AVENUE )City Engineer Ron Grittman briefed the council on the item.He stated this was presented at the last work session in conjunction with the previous item that was continued to September 16.Staff has no objections to the extinguishment.The roads proposed to be extinguished are not section line roads or roads that are part of the transportation network.The easements do not provide access to landlocked properties. Mayor Coleman asked if the applicant wanted this item continued also. City Engineer Ron Grittman stated they do. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilmember Dietz MOVED THAT THIS 'ITEM BE CONTINUED TO SEPTEMBER 16,2003. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1184,PZ-4-03, REQUEST BY MILLY M.SHANE TO REZONE APPROXIMATELY 2.3 GROSS -ACRES PROPERTY FROM CR-5 TO C-3/PD FOR THE PURPOSE OF CREATING AN APPROVED PALETTE OF USES FOR A FUTURE PLANNED DEVELOPMENT COMMERCIAL SITE LOCATED AT THE SOUTHEAST CORNER AREA OF APACHE TRAIL AND DELAWARE )Associate Planner Steve Abraham briefed the council on the item.This is just north of the Indian Summer REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 7 OF 30 Condominiums'.He described the surrounding area:He listed the palette of uses:for-the requested zoning.They had talked to the applicant who agreed -to present the addition of' federal,state'andlocal government' offices;Staff believes offices or restaurants would ,fit in with the area and the general plan.He described.the -stipulations associated with this rezoning.Planning and zoning recommended approval of this request, Mayor Coleman requested the applicant address the council: Ms.MiTly Shane':24710 Stoney Lake Drive,Chandler,addressed the council.She stated.is intending to sell the: property and she spoke to Ken Simpkins about rezoning the property to conform withAhe general: plan.The present zoning is multi -family and he felt it was ' not conducive to what the city really wanted as it was directly across from Wal-Mart.She has requested:to rezone it to CR-3/PD .to permit the palette of uses appended within the -zoning.She stated a couple ofAevelOpers:have shown some interest;one with a social security building and another with a nice restaurant that mould have meeting TOW space. Mayor Coleman opened the public hearing on the item.There being no: one wishing to speak,he closed the public hearing:and opened the :item to council discussion.There being no discussion,he'called for a motion. Councilmember Insalaco MOVED THAT .0RDINANCE410.1184 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCEJ3E WAIVED, Council member MiIkey SECONDED' THE MOTION. VOTE:Unanimous; The motion carried. City Clerk•Kathleen'Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 8 OF 30 Councilmember Insalaco MOVED THAT ORDINANCE NO.1184,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1185,P7-5-03, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY ROBERT WILKENING FOR APPROVAL OF A DEVELOPMENT PLAN FOR.A CI-1/PD PROPERTY,PROPOSING CONSTRUCTION OF A POTTERY AND MATERIAL STORAGE .WAREHOUSE ) )Associate Planner Steve Abraham briefed the council on the item.This is for three lots located ,on the northeast corner of Coconino and.22nd.Avenu.e The subject area is designated business park industrial.There are-a.variety of general plan designations and there are zoning differences that expand out from the subject site.The applicant is proposing one structure-containing a pottery and material storage warehouse to supplement an existing cactus business on Idaho.He will have multiple entrances:one off of Coconino,the main customer entrance,and a third entrance off the alley for loading and unloading.The building is warehouse -style metal construction with stucco exterior in earth tones.The applicant is requesting waivers to ,install street lights,to improve the alley and the gate,and an allowance to meet only 50% of the landscape and screening required.The applicant prefers Plan B;staff recommends approval of Plan A with an allowance because the applicant will provide 100%stuccoed exterior to the building.The allowance will be that 25% of the front landscaping may be cacti instead of shrubs and groundcover.He described the stipulations in the ordinance.At the work session there was a question regarding the surrounding area in that the improvements being requested do not line up with the surrounding area.He showed them which buildings were in place before the current building ordinance and the engineering guidelines were adopted,those constructed afterwards,and those -done under expansion or administrative process.This -has resulted in sidewalks in some areas awaiting development of the other areas.None of the alleyways are paved in the subject area:current engineering guidelines suggest they should be used as an access.The planning REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 9 OF 30 and zoning commission stated if someone wanted to develop or redevelop a subject lot,they may be required to pave their closest access which could be the alleyway.Planning and zoning recommended approval of the request of site Plan A with the conditions outlined in the staff report. Councilmember Dietz asked who would be responsible for the upkeep of that portion of the alley if it is paved. City Engineer Ron Grittman stated the city would be responsible and it would be maintained by public works. Councilmember Dietz commented that if pieces are broken off by trash trucks going over it,the city would have to repave and repair it. City Engineer Ron Grittman stated the pavement required would be of sufficient structure. Councilmember Dietz commented he is concerned about the edges being broken off. City Engineer Ron Grittman stated i t will be able to handle garbage trucks. Councilmember Waldron asked what the length of the alley is. Associate Planner Steve Abraham stated i t is 150'for that back portion that he would be required to pave. will be able to handle garbage trucks. length of the alley is. Councilmember Waldron asked what the entire length of the alley is from that property north to where he indicated that person would have to come in if they were to develop that subject property. Associate Planner Steve Abraham stated i t is 200'. Councilmember Waldron commented i t is a 200'alley and he would have to do'150'of it. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 10 OF 30 Associate Planner Steve Abraham commented he missed two openings so he would actually have to pave 85'. Councilmember Waldron asked if there was any chance of the property to the north being developed that would require the alley to be paved. Associate Planner Steve Abraham stated he is not aware of any. Councilmember Dietz asked if the alleys have been required to be paved in the areas such as the Palm Springs Subdivision where the duplexes and fourplexes were put in. Associate Planner Steve Abraham stated they did.They also requested a waiver of walls between the properties. Councilmember Dietz commented he does not remember their being requested to pave the alley. Associate Planner Steve Abraham stated they did not:they went ahead and gave them the alley under their plan. Councilmember Milkey asked if they could give them a generous amount of time to pave the alley,such as within 24 months. Associate Planner Steve Abraham stated that could be included in the stipulation. City Manager George Hoffman stated they are looking at the issue of postponements internally.He is interested in the idea,especially for the idea of developing businesses in the community.The initial results show not a good success rate with it,but i t is not finalized yet. Mayor Coleman requested the applicant address the council.The applicant declined.Mayor Coleman opened REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 11 OF 30 the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion. Councilmember Waldron stated he believed there should be street lights and sidewalks. Councilmember Dietz agreed. Councilmember Waldron commented there is an alley in the Palm Springs Subdivision that has a piece of pavement,then dirt,then pavement again.He is not certain what purpose that serves and it would remain patchwork for many years if no one else comes in to develop another portion. Mayor Coleman stated he looks at i t as an industrial -type zone.If they ever'want the alleyways to be paved in those,and he thinks they do,this should be the first step and they cannot say no to him in order to hold the other property owners responsible for paving the remainder.He believes it will add to the value of the development. Councilmember Dietz asked if there was another property being developed at this time that is across and down the street. Associate Planner Steve Abraham stated there is but they do not have an alley access. Councilmember Dietz stated they do not have a gate so they would not have to pave the alley. Associate Planner Steve Abraham stated that is correct. Councilmember Waldron asked if they would have to come back through the process if they wanted access to the alley later with a gate. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 12 OF 30 Associate Planner Steve Abraham stated the.plans show no alley access.They would be deviating from their plan of development if they did so. Councilmember Dietz asked if they are putting in the street lights and sidewalks. Associate Planner Steve Abraham stated they are. Councilmember Dietz commented he agreed with Councilmember Waldron.on the street lights and sidewalks but he is not sure about paving the alleyway. City Manager George Hoffman commented they need.to determine if they desire commercial access ways to be paved in the long run,and if so,then they may need to open up their thinking to other ways of achieving i t .;such as doing it over time.The first question is do they envision paved commercial access ways in the long run for industrial areas.That is a policy question for council. Mayor Coleman stated there are a lot of issues that go with that.They are under particulates guidelines here requiring the paving of roadways and alleyways in order to get that down.He believes i t is in their PM10 plan now. City Engineer Ron Grittman stated we are in the non -attainment area.One of the stipulations in that is that we will begin the process of paving all dirt roads and dirt parking lots. Several years ago a previous development was allowed to go through without paving the surfaces and the city was investigated by Arizona Department of Environmental Quality to determine if that was a one time thing or if that was a new policy that would violate the guidelines.It was determined to be a one time event.The policy is in place to support the PM10. Councilmember Waldron asked if that was a parking lot or an alley. City Engineer Ron Grittman stated i t was an RV storage lot. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 13 OF 30 , Councilmember Waldron :stated he could understand that. City Engineer Ron Grittman commented about the PM10 regulations. Councilmember Waldron asked when the rest of it would be done if the applicant does 85 of the paving.He also asked what dirt roads have been paved so far to come into compliance with PM10. City Engineer Ron Grittman stated they do dirt roads every.year,with roughly three miles done last year. Councilmember Waldron asked how many alleys had been done. '.City Engineer Ron Grittman stated-.., alleys are driven by access;the individual property owners who want to drive that are asked to develop it.. Councilmember Waldron asked what they have accomplished if they require the 85'and nothing is done with the rest of the alley. City Engineer Ron Grittman stated they would be complying with PM10 regulations saying that all accesses shall be paved. City Manager George Hoffman stated the time frame is very important.The common sense answer to the question is "not much".In ten years,more may be accomplished.They have been doing these piecemeal .sidewalk improvements that go to nowhere on Superstition. With the major road work project,the sidewalks have now been completed and i t represents a partnership between the taxpayers of the city and the private sector who developed along that community.For those people who overthe last 10 years have been putting in the piecemeal sidewalk,that question had to plague them and i t has now been answered.He encouraged them to consider the time frame in their thinking onrthis issue;the 85'alone does not achieve some vision. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 14 OF 30 Councilmember Milkey commented i t does achieve dust containment in that area.I t is the business'primary access.The majority of the traffic will be that first 85',they are gaining something there.I t is not an all or nothing issue. Councilmember Insalaco asked if the stipulation of time could be that when the rest of the project is developed everyone would have to comply.He is concerned that if they put in 85'i t will be broken down and there will later be a good piece coming in elsewhere. Councilmember Dietz commented the property just north of him may not have a gate for this property so he would never have to pave it.The one north of that is in the middle of the block and he would have to pay to pave all the way down. City Attorney Joel Stern commented there have been issues with off site improvements where extensions have been granted for two or four years and i t has never gotten done.The developers had the opportunity to do it,but they did not do it.The city would have to get the postponement agreement signed and sometimes property ownership changes and to get the new owners to sign off on it would be difficult.Postponement agreements terminate after a certain amount of time.They could have a zoning stipulation that does that,but there will be an enforcement problem. Mayor Coleman asked if there is a performance bond type of agreement that could be done that would state i t has to be done within a certain amount of time or the city does i t and places a lien on the property. City Attorney Joel Stern stated that is usually done for infrastructure inside a subdivision;i t could be written in. City Engineer Ron Grittman stated performance bonds do not run for a duration of time when there is no performance required.Performance bonds are to assure you are going to do the work.If you have 3 or 4 years to complete it,you will have to write a bond that would have to go for 4 or 5 years before it would kick in,and they have not been very successful with that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 15 OF 30 City Attorney Joel Stern commented it might also be cost prohibitive for the developer. City Manager George Hoffman asked i f paving would be the only solution that would work.He commented about the pulp product. City Engineer Ron Grittman stated they looked at other options to laying down hard surfaces.The best one is one that they have used in the far northeast area of the city in lower density areas,and that is the double chip seal.I t is considered dust -free by Arizona Department of Environmental Quality standards and i t is about one- third the cost of asphalt.However,i t is also only one-third the life span of asphalt,lasting 5 to 7 years. Mayor Coleman commented i t lasts one-third of the life. City Engineer Ron Grittman stated asphalt generally lasts 18 to 20 years.There are other things to meet the requirements,but they will lower the standards. Councilmember Insalaco asked if they knew how much the 85'of pavement will cost. City Engineer Ron Grittman stated he could not imagine i t being more than $2,000. Councilmember Insalaco asked if that was for the pavement. City Engineer Ron Grittman stated i t would be paved at the same time as the parking lot.He is proposing paving on site. There was general discussion on the width and cost of the part to be paved.The materials were determined to cost $590 at city cost. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 16 OF 30 City Engineer Ron Grittman stated the rule of thumb for paving costs is to take the materials cost and double i t for the total cost.Therefore,this should cost about $1,200. Mayor Coleman closed the discussion with no further comments and called for a motion.• Councilmember Milkey MOVED THAT ORDINANCE NO.1185 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Milkey MOVED THAT ORDINANCE NO.1185,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. There was general discussion on whether this included the waivers.It was determined it does not. Councilmember Waldron SECONDED THE MOTION. VOTE:4-1 (Councilmember Dietz voted in opposition.) The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 17 OF 30 PROPOSED RESOLUTION NO.00-37;SD-1A0; SUPERSTITION FALLS COMMERCIAL SUBDIVISION' PRELIMINARY PLAT AND PROPOSED RESOLUTION NO.00-38:SD -140,SUPERSTITION FALLS COMMERCIAL SUBDIVISION' FINAL PLAT )Interim Development Services Director Rudy Esquivias.briefed the council on the items.The property is approximately 21 acres in size located at the southeast corner of US 60 and Goldfield Road.He gave a brief history on lot deVelOpment previously approved for this commercial subdivision.They are ,processing.the ,preliminary plat and final plat concurrently with this development because the entrance drive to Superstition Falls is a private road and most of the outside improvements affecting, this development site have already been done.The development happening is basically internal so they can process them together. Planning and zoning recommended approval-of the preliminary plat back in 2000 withA number of conditions:.The two main ones were if the entry drive would be dedicated as a public roadway or remainprivate;the council's intent was for it to remain priVate ,and.that'is how it was built.I t appears to have been built to standards..The other issue was sidewalks with the developers proposing,thatAhey'be put in as the individual lots,wereideveloped:The compromise was that they ,would be developed as the lots are developed or in one, year,whichever came first.Staff has suggested a couple. of Changes to conditions 1 and 4 as they were originally recommended..Staff recommends that in Resolution No.00-.37 that condition 1 be rewritten to.show ,that the entry' road shall 'remain private however there shall be :easements recorded for public,vehicular.,pedestrian,and utility:use with acommitment for maintenance across all lots served by said roadway.That agreement Hs in the file;there is also a commitment to maintain the 'common,wash separating the hospital site from the mobile tome property to the east.Also,condition number 4 dealing with the dedication,of additional ,right-of-way for deceleration lanes on Goldfield ROad,should be reworded to state the developer shall dedicateand construct any additional right-of-way improvements necessary, for deceleration lanes for the drive between lots 1 and 2 ,and for the main entry for the hospital alOng Goldfield Road at the time the properties.are:developed.It was taken back to.the ,planning. and Zoning: commission a few weeks ago and they had no additional comments. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 18 OF 30 Mr.Ralph Pew,10 W,Main Street, Mesa,addressed the council.He cottented-they concur with the staff modifications to the two conditions and he appreciated working with staff through, this project. Mayor Coleman opened the public hearing on ,the.two. resolutions.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. CouncilmemberWaldron MOVED THAT RESOLUTION NO.00-37; A RESOLUTION OF THE MAYOR'AND'CITY COUNCIL OF THECITY OF APACHEJUNCTION,ARIZONA,APPROVING ,A PRELIMINARY SUBDIVISION PLAT,CASE SD -1.L00,FOR SUPERSTITION FALLS COMMERCIALSUBDIVISION,BY ROBERT SIEGEL AND JAMES MCMILLAN; REPRESENTED BY PHIL ENTZ OF URBAN TECH LTD.,BE APPROVED WITH THE RECOMMENDED CHANGES IN STIPULATION NUMBER ONE AND NUMBER FOUR. Councilmember Dietz SECONDED THE: MOTION. VOTE ,Unanimous. The motion -carried. Counciltember Waldron MOVED THAT RESOLUTION NO.00-38,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THECITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR SUPERSTITION FALLS COMMERCIAL SUBDIVISION,CASESD-1-00,BY, ROBERT SIEGEL AND JAMESICMILLAN;REPRESENTED BY PHIL ENTZ OF URBAN TECH LTD.',BE APPROVED: Counciimember Dietz SECONDED THE MOTION. VOTE: .Unanimous. The motion carried. PROPOSED ORDINANCE NO.1187,AM -2-03, CITY COUNCIL -INITIATED TEXT AMENDMENT TO ALLOW HEIGHT LIMIT EXCEPTIONS FOR REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 19 OF 30 CHURCH STEEPLES )Interim Development Services Director Rudy Esquivias briefed the council on the item.Two churches recently wanted to have higher steeples than the height limitations currently in the zoning ordinance.They therefore went through a major planned development amendment to approve the steeples.Federal legislation now states cities cannot impose land use regulations on religious uses unless they further a compelling government interest,which is basically defined as a health and safety issue.Direction was given by council to return with a text amendment and give the churches an exception.They are suggesting that Section 6.0105 be amended to read that steeples,spires,bell towers and other similar vertical architectural elements attached to church buildings shall not be subject to height restrictions but shall be subject to building and safety permits and inspections. Mayor Coleman opened the public hearing on the item.There being no one wi5hing.to speak,he closed the public hearing and opened the item to council 'discussion.There being no discussion,he called for a motion,:' Councilmember Milkey MOVED THAT ORDINANCE NO.1187 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Milkey MOVED THAT ORDINANCE NO.1187,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 20 OF 30 The motion carried. OLD BUSINESS None. NEW BUSINESS PROPOSED ORDINANCE NO.1186,PZ-6-03, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY RICHARD MANTZ TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD BUILDING SETBACK FROM 10'TO 0'IN LOTS 413 AND 423 OF MERIDIAN MANOR,PHASE 2 ) )Associate Planner Steve Abraham briefed the council on the item.This item is for discussion only this evening.The request is from basically 11 lot owners in Phase 2 whose lots are on the south corner of the subdivision along the retention basin.The applicants are requesting 0'setbacks for expansion of their buildable area on their lots and the continued use of unpermitted patio covers that have been constructed inside of the prior setback.Staff had talked to one applicant about putting up the patio cover and instructed the applicant that they could not put up the patio cover due to the setbacks;the applicant built i t anyway without a permit and was cited by code compliance.A stop work order was issued and staff met with the applicant and gave options including reconstructing i t in compliance with the code,getting a variance,plus others.While they were discussing options with this applicant,three more complaints came in to code compliance on patio covers constructed in a similar manner with no building permits.Code compliance cited these residents,staff met with them and provided them with three options:reconstruct with an appropriate permit;request a variance;or request a planned development amendment.One applicant has reconstructed a patio cover with the applicable permit while two others have joined nine others in the subject area to request the amendment.Staff received a lot of input from people in the community by those affected by i t and has come up with these facts:this request is a setback reduction for 11 lots out of 436 lots:one individual that had been cited has removed the patio cover at his own expense;another has reconstructed the patio cover to comply with the code;other individuals in the area have gotten permits to build patio covers;patio covers have been completed in the lots in question without the building permits.The patio REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 21 OF 30 covers are either on the lot line or inches away from it.There appear to be other lots not in the subject area that have constructed illegal patio covers. The pros for the amendment would be that it would give the owners more buildable area of the lots and allow the.owners to utilize their patio covers, possibly enclosing them and extending their dwelling and they would be able to get a permit and construct a structure.The cons would be if approved, another 425 lots would have the same required 10'setback,including the new phases.The two who have been cited could reconstruct their patio covers with a permit.Evidence gathered shows there could be as many as 20 unpermitted patio covers:if approved the 11 property owners would be exempted and the remaining property owners could still be cited and would have to remove their patio covers at their own expense.Also,if approved,others could perceive throughout the community that i t is alright to do unpermitted construction now which could be approved later.There are two issues:the proper channel to pursue to build patio covers:and those constructing without going through the proper channel.I t is a situation of the have and have-nots;those that will have the special privilege and those that will not.There are also other lots that border the retention area and i t is possible they may request another planned development amendment.The planning and zoning commission meeting had a variety of different views expressed.Language was crafted by staff should council decide there is enough evidence to approve this request,including conditions covering the issuance of a permit,code compliance,and what is a habitable space.The applicants are asking for a continuance to November 8 as they are winter visitors and are being represented by members of the homeowners association. Mayor Coleman asked what the homeowners association thinks of it. Associate Planner Steve Abraham stated they believe this is an amendment by the property owners.I t is the property owners'deal.They have tried to negate some of the effects by constructing architectural guidelines and approval forms for the homeowners to sign.At the planning and zoning meeting they blamed most of this on the previous homeowners association of Clyde Barney's before the current residents'association took over. Councilmember Dietz commented they went through their architectural guidelines and they gave them the okay with REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 22 OF 30 the stipulation that they needed to get building permits through the city and follow the process. Associate Planner Steve Abraham stated staff has confirmed that one of the individuals did that.She was approved by them,but decided to construct without the permit.The remainder of the lots are unknown. Councilmember Dietz asked if they just put them up on a whim. Associate Planner Steve Abraham stated another owner states they built it three years ago and the process then was extremely limited.Someone told them it was okay to build but they cannot remember wham Mayor Coleman asked if the planning and zoning commission made a:recommendation. AssoCiate ,Planner Steve Abraham stated the commission recommended -7-07W denial.The words used to deny this request were "fairness"and -judgment"or "'responsibility of homeowners to inquire properly"on permits and if they should know what their setbacks are. Another word mentioned was "referee":council may be -exposed to that method of hearing.Staff also recommended denial of this request. Mayor Coleman commented he does not condone going:out and building without a building permit,but the retention area makes this difficult because of the open area beyond the property line. I t is not the case throughout the, whole park.They cannot go to zero setbacks in other areas of the park where -the backyards are up against each other.-He asked what staff needed from the council tonight. Associate Planner Steve Abraham stated he would like to know any other information they would like to have,or research they would like him to do. CouncilmemberrWaldron asked what would happen if this is denied. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 23 OF 30 Associate Planner Steve Abraham stated the applicants would either have to reconstruct their patio covers in compliance with the code or remove them. Councilmember Waldron asked if code compliance would "referee"that. Associate Planner Steve Abraham stated they would to the best of their ability. Councilmember Insalaco commented they are not in compliance now with zero tolerance.He asked if there would still be zerd tolerance if they get a permit. Associate Planner Steve Abraham stated they would have to reconstruct i t so that i t is in compliance.One of them is integrated into the roof of the home and it would probably have to be removed. Councilmember Dietz asked which one tore it down and reconfigured it,and what was done to make i t conform. Associate Planner Steve Abraham stated his home was almost exactly to the 10'point.It was put up within days of talking to staff.He had posts and rafters. Councilmember Dietz commented he was asking about the one that had been taken down and redone. Associate Planner Steve Abraham stated. he utilized an overhang.You can overhang one third the distance of the setback inside the building code.He lifted the roof,pushed his posts back,and sliced it off at the one third mark.The other option is with detached lattice structures.Detached accessory structures only need to be 4' fromthe -rear property line,although they still have to meet the side setbacks and zoning.If it is detached,there are always the required footings. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 24 OF 30 City Manager George Hoffman suggested they have Dennis Dixon here next time to address building code issues. Councilmember Dietz commented the footings have to be another foot or so down if it is detached. Associate Planner Steve Abraham stated one applicant stopped to talk to him and brought in her architectural approval,her work order from the contractors,and the catalog of the patio cover that was done.He knows the contractor who did the illegal work and he called him to see if he could get them to help this lady out with her issue. Mayor Coleman commented he knew he was doing it without a permit. Associate Planner Steve Abraham stated he is a licensed contractor and he does not know if he knew or not,but he should have. Councilmember Waldron asked if he would bring back at the next public hearing some options that would be available. Mayor Coleman commented 18D is the vacant area on the corner that they are hoping will be a business that will generate sales tax someday.He is not sure where the water from the retention basins on Southern and Meridian goes. Associate Planner Steve Abraham stated there are two open areas;they both handle on site drainage and one handles off site drainage through the big wash. Councilmember Deitz asked if there was a culvert that goes under Southern and goes off. Associate Planner Steve Abraham stated that is correct.He showed on a map where the water goes. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 25 OF 30 Mayor Coleman closed the item with no more discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS ENABLING TRANSPORTATION PROGRAM )City Manager George Hoffman briefed the council on the item.He requested they advise if they are interested in this program and wish it to be pursued.They would need to work with Dan Taylor to structure a program.He would like council to give them a number to work with,such as $5,000 or $6,000 to start a pilot program from January to June 30.He asked Kathy how it works with health and human services. .City Clerk Kathleen Connelly stated this is more transportation related.than health and human services related. City Manager George Hoffman asked i f they would apply for health and human services funding next year. City Clerk Kathleen Connelly stated she would have to talk to the city attorney about that.She believes this is transportation rather than human services. City Manager George Hoffman stated they could incorporate this into the budgetary process next year and they could reduce or enlarge the number if they want to do i t for a full year.He believes Mesa's assistance is $95,000 a year. Councilmember Dietz commented the information says i t is $110,000.. City Manager George Hoffman stated they probably have ten times the population,so proportionately it would be comparable.I t is the council's decision on the dollar amount.They could go REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 26 OF 30 back to Dan and say the council said to try a pilot program with "x"amount of dollars and design something. Mayor Coleman stated he remembered they tried a pilot program with a trolley and that cost the city about $10,000.This might be along the same lines.He asked if they could do something with $10.000. City Manager George Hoffman stated this is mileage reimbursement.He did not know what rate they are using. There was general discussion as to the rate. City Manager George Hoffman stated if they pledged $10,000 a year,30,000 miles,they are helping people get from point A to point B.They do not believe they would get started before January,so i t should be a 5 or 6 month pilot program.They will keep the council posted on their progress.Dan had talked about the administrative start up:they might want to include some money for forms. Mayor Coleman asked how they were going to get the word out:that was one of the problems with the trolley.No one knew where i t stopped or how to get onto it. City Manager George Hoffman commented they could give a certain amount for the program itself and another amount for administrative start up. City Clerk Kathleen Connelly stated if they are looking at $10,000 or $12,000 for the full year,than she would cut that in half. Councilmember Milkey MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING ENABLING TRANSPORTATION (ET) PROGRAM:THAT THEY CONDUCT ADDITIONAL RESEARCH AS NECESSARY OF THE PROGRAM AND PURSUE THE IMPLEMENTATION OF A PILOT PROGRAM,IF REASONABLE,AND NOT TO EXCEED $7,500 FOR THE REMAINDER OF THE FISCAL YEAR WITH ADMINSTRATIVE COSTS NOT TO EXCEED $4,000. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 27 OF 30 Councilmember Waldron 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,SEPTEMBER 15,2003,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY: AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 16, 2003 IN THE CITY CONFERENCE ROOM. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous.• The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that several of the council members attended the League of Cities and Towns Conference last week and he appreciated staff's set up of the city booth. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:46 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of August 19,2003. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 28 OF 30 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,hel.d on the 2nd day of September,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of September,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 30 OF 30 3.Consideration of FY 2003-04 Health and Human Services Agreements with various human services agencies. 4.Consideration of request to invite the Trust for Public Land into the City of Apache Junction to assist with the City's efforts to preserve State Trust Land. 5.Consideration of request to purchase Ebsco Information Services database subscriptions in an amount not to exceed $19,000 through an intergovernmental cooperative purchasing agreement with Maricopa County. 6.Consideration of City Magistrate Employment Agreement. ACCEPTED THIS 16TH DAY OF SEPTEMBER ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF SEPTEMBER ,2003. DOUGLAS CNEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2,2003 PAGE 29 OF 30