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HomeMy WebLinkAbout2002-05-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 21.2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 21,2002,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 Urich led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Public Works Director Doug Dobson Development Services Director Dean Svoboda Others Present:Senior Planner Rudy Esquivias Senior ComMander Dan Scott REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 1 OF 29 Assistant Planner Juli McDaid Development Services Manager John Petroff Grants Coordinator Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:RECREATION SUPERINTENDENT LIZ LANGENBACH AND THE RECREATION STAFF FOR THE SUCCESS OF THE RECREATION PROGRAMS AT FOUR PEAKS,DESERT VISTA AND SUPERSTITION MOUNTAIN ELEMENTARY SCHOOLS:RECREATION COORDINATOR JAY REYNOLDS FOR HIS WORK AND EFFORT DEVOTED TO THE SENIOR SOFTBALL PROGRAM:RECREATION COORDINATOR JAY REYNOLDS,PARKS SUPERVISOR KEITH GRAVES,THE PARKS & RECREATION DEPARTMENT, PUBLIC WORKS DIRECTOR DOUG DOBSON AND THE PUBLIC WORKS DEPARTMENT FOR THEIR HELP AND SUPPORT IN THE SUCCESSFUL RUNNING OF THE INAUGURAL LOST DUTCHMAN MARATHON;AND THAT RESOLUTION NO.02-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF PAYSON TO ESTABLISH A PARTNERING ARRANGEMENT FOR APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANTS,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Jennie Bennett,422 W.Rosal,Apache Junction,addressed the council to commend the city for the work done on her street.She also complimented Doug Dobson and his department for the quick way they fixed Broadway. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 2 OF 29 Mr.John Insalaco,1570 S.Buena Vista,Apache Junction,addressed the council to advise the hospital is back on track,the land has been bought and purchased and was closed yesterday.He encouraged the city to expedite and assist with the permits wherever possible. CITY MANAGER'S REPORT Interim City Manager George Hoffman stated they had a sUtcessful Town Hall on Saturday and he is looking forward.to receiving the written report.He commended the work of Pat Brenner,Kathy Connelly,Janine,Shari and Ken in making the event a success.He announced this is the last meeting for Development Services Director Dean Svoboda and he thanked him for his service to the city.He then announced he had appointed Rudy Esquivias as Interim Development Services Director.He announced the Maricopa Association of Governments is having its regional council meeting tomorrow night;they will be voting on whether the City of Apache Junction will have a voting role in the organization in the future.The mayor will be attending the meeting. PUBLIC HEARINGS PZ-1-02,APPEAL OF LANDSCAPING AND SCREENING REQUIREMENTS,SECTION 6.1.5(D)2 & 4,TRANSITION/SEPARATION OF USES,AND 6-1-6 (C)5,MISCELLANEOUS DESIGN .STANDARDS,BY BOB MISTER,STADIUM PROPERTIES )Assistant Planner Juli McDaid briefed the council on the item.Staff has worked with the architect,the developer and the surrounding property owners to come to a compromise.Staff had originally proposed a wrought iron fence along Old West Highway but now has agreed to a 10'strip of landscaping.It can be protected with edging using railroad ties or some other form of edging.The developer will be required to illustrate substantial compliance with the conceptual plan,and the development must be designed to contain on -site runoff and to prevent increased drainage on the neighboring property.There will be a painted solid block wall with color banding and decorative rock in it on the south side of the development.The developer will stucco the front of Building 2,the backs of Buildings 1 and 3,and the front of the buildings are all masonry.There will not be any metal face of the building visible from any right-of-way or neighboring property.Staff is requesting stipulation 12 be instituted to REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 3 OF 29 provide for erosion protection of the wash and eliminate the possibility of transients on the property. Councilmember Urich asked if they would be having bougainvillea. Assistant Planner Judi McDaid stated they no longer have bougainvillea specified in the plan. Mayor Coleman requested the applicant address the council. Mr.Bob Mister,1717 S.State College Boulevard,Anaheim,California,addressed the council.He commented they are almost in total agreement but there are a couple of items he would like clarified.He stated Mr.Mortenson,after numerous meetings,has agreed to a 5'high fence along the length of his property if it is acceptable to the city.He could not remember the original height. Assistant Planner Juli McDaid stated it was to be measured 8'from the interior. Mr.Bob Mister asked if they could debate. Assistant Planner Juli McDaid stated that would be the council's decision. Mr.Bob Mister stated there is currently a 4'high chain link fence between the two properties.They were hoping not to do any wrought iron fence.It would only help Mr.Mortenson's property look better but it would do nothing for his property.He met with him today and he agreed to a 5'wrought iron fence.He commented they could live with an 8'wrought iron fence,but i t is a matter of money.He believes the 5'fence would still do what was intended.He believes the 5'fence would be a reasonable compromise.He added there are -oleanders on Mr.Mortenson's property all the way down the fence line,with only about 100'-125'being able to be seen from Old West Highway.They would like to be able to landscape a 10'strip up to the oleanders that are visible.He commented the rest of the area is either junk or equipment up to the point where the block wall begins. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 4 OF 29 He commented no one from either side is going to see the landscaping there. They would prefer to put in gravel or something else instead of landscaping. He clarified that the backs of the buildings that are not visible would not be stuccoed.They will be putting rip -rap where the storm drain goes under the highway,down through their property and back to the old drain'.They will also be putting in a screen to deter transients.They have also agreed to regrade a portion of Mr.Mortenson's property.He requested the council consider these slight modifications. Vice Mayor Surra commented she is surprised he waited until the meeting to discuss more variations with staff. She stated she would like him to adhere to the landscape development on the west side because they do not know what else will go in there.While Mr. Beeman is there now,something else may be there later.They do not do 5' walls,but she might consider going down to a 6'wall.She believes the council has already given them many concessions in order to help get this property developed. Councilmember Eck asked if the owner of the KOA was still concerned about the fence being too high due to the difference in the property levels. Mr.Bob Mister stated he was concerned about the block wall on the 10'setback,not the wrought iron fence. Along the block wall,the property is 4'higher in some sections than the KOA property. Councilmember Eck asked if the 5' wall would then become a 9'wall. Mr.Bob Mister stated the block wall is different heights.They have the back of a building and a block wall.He had voiced some concern,but in subsequent conversations he stated he wants to have the block wall the length of the property. Councilmember Eck asked how high the wall would be across that if you were standing on his property. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 5 OF 29 Mr.Bob Mister stated the wrought iron fence is going to be along their property line and at the level of the current fence.It will be a 6'fence placed where his fence currently is now. would be level. Councilmember Eck asked if the fence Mr.Bob Mister stated there will be two fences.The wrought iron fence will be at the same level as the current fence. Councilmember Urich stated she is concerned that he waited until the last minute to negotiate in public. Mr.Bob Mister stated they only got together with Mr.Mortenson this afternoon and they were able to walk the site together.They had not been able to do it earlier. had a month to get together. doing it earlier. Councilmember Urich stated they had Mr.Bob Mister apologized for not Councilmember Urich commented that he had already had a couple of months to do that. Mr.Bob Mister stated they had been asking for the same thing that had been approved previous to Mr.Mortenson coming in.The only difference is they are going from three stories to one story. Assistant Planner Juli McDaid stated the fence is an 8'wrought iron fence along the east property line measured from the interior grade of his property.It would be 12'high in some places. He is now proposing to measure it from the common property line which is where the grade differential exists.It would stick up about 1'above grade on his property. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 6 OF 29 Vice Mayor Surra stated this development is totally different than the previous developments proposed for this site.They will not look at what was approved in previous developments. It is a new owner and a new plan and it will be judged on those merits alone. Councilmember Durbala asked if the fence would actually go on the property line for the east side. Assistant Planner Juli McDaid stated it would. Councilmember Durbala commented the KOA was worried about the wall height and drainage.He asked if the property would be graded down to the lower level.He asked what will keep the property from getting the drainage it was getting earlier. Assistant Planner Juli McDaid stated the engineers will have to insure that they do not direct the water along the east property line. Councilmember Durbala asked how it would be maintained since the water runs down that way anyway. Assistant Planner Juli McDaid stated it would have to be designed to accommodate that. Councilmember Durbala asked if they were asking him to maintain even the water coming off from the Sundance Restaurant.It floods during the rain;most of the water comes from the east side of the property,not the west.It is not even on their property at all. Assistant Planner Juli McDaid stated he cannot cause any additional flow because of his development wherever the flow naturally occurs.He cannot direct the flow onto Mr.Mortenson's property.They will have to design the project so that no additional flow from the onsite or the offsite is directed onto Mr.Mortenson's property. Some of the grading that has occurred over the past few years,with or without permits,has caused problems for Mr.Mortensons'property.That is his biggest complaint. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 7 OF 29 Councilmember Durbala stated he can see everything flows down that way and slopes into his property.He would almost have to do work up in the Sundance area in order to stop the water from flowing into the culvert. Assistant Planner Juli McDaid stated a good design should improve the drainage. Development Services Director Dean Svoboda stated the applicant will have to change the grade of the entire property to protect his finished floor in that area for any onsite or offsite drainage.It will look different from what i t looks like today.I t is stipulated they do the civil engineering design for the grading and that there will be no purposeful flow off onto the adjacent properties. Councilmember Durbala asked if Mr. Mister would have to straighten out the problem from Sundance so that the water does not run down onto the KOA property. City Engineer Ron Grittman stated i t is done with every development.One looks at the pre -development flows and their patterns,determines the volume,and then designs something that allows the same volume of water to be released from its point of release.They have to retain the water onsite that is added by their property. There was discussion by Councilmember Durbala,City Engineer Ron Grittman and the architect away from the microphones regarding how this would be done. Councilmember Dietz commented i t appears no permits were taken out to have the culvert put in.He asked i f they would have to have permits before anything could be done down there. Development Services Director Dean Svoboda stated that is correct. Assistant Planner Juli McDaid stated the issue will have to be addressed during the design process and the permit issuance. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 8 OF 29 Councilmember Dietz stated that would take care of the 10'section on the east side. Senior Planner Rudy Esquivias stated he believed the permits Councilmember Dietz was referring to were issued about three years ago.A different project was being proposed. Councilmember Milkey commented he appreciated Mr.Mister's patience with the development and he hoped it would be an improvement over what is there. 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. Councilmember Eck asked if you were standing in the KOA looking at this property,would the wall you are looking at be 5'or 8'. Assistant Planner Juli McDaid stated i t should be 5'. Councilmember Eck commented they will be bringing i t down to grade level. Assistant Planner Juli McDaid stated it stipulates they measure from the interior grade of the subject property. Councilmember Eck asked if that was Mr.Mister's request. Mr.Bob Mister stated it was and that the vice mayor had advised him it must be 6 .Mr.Mortenson had agreed to 5'earlier but he believes he will be even happier with 6'. okay. 6'from KOA's grade. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 9 OF 29 Mr.Mortenson stated either would be Mr.Bob Mister 'requested they do i t There was general discussion on the rewording on stipulation 2. Councilmember Dietz asked if it would be wrought iron only on the east end from the back of the building south to the point. Assistant Planner Juli McDaid stated that is correct.That is what the engineering division requires. Councilmember Dietz asked about headlights and interference from vehicles pulling in and out of the RV parking into the KOA campground. Assistant Planner Juli McDaid stated there is a solid block wall running the entire perimeter,and then there is the back of the building. Vice Mayor Surra asked if the wrought iron fence was going in front of the block wall. Assistant Planner Juli McDaid stated it is going all the way around the perimeter. There was general discussion as to the location of the block wall,wrought iron fence and 10'wide strip of landscaping. Councilmember Eck asked where the area with the oleanders and storage equipment is located. him the location on the map. area was. it would be 10'. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 10 OF 29 Assistant Planner Juli McDaid showed Councilmember Eck asked how wide the Assistant Planner Juli McDaid stated Councilmember Eck thanked the applicant for bringing a business to the community and working out a solution with the neighbors who first voiced their concerns at the last public hearing. City Attorney Joel Stern requested that any conditions that are to be changed as part of the motion be fully read. Councilmember Durbala MOVED THAT THE REQUEST BY BOB MISTER ON BEHALF OF STADIUM PROPERTIES FOR A WAIVER OF TRANSITION AND SEPARATION OF USES REQUIREMENTS AND THE MISCELLANEOUS DESIGN STANDARDS ALLOWED UNDER THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6.1 LANDSCAPING AND SCREENING REQUIREMENTS,ORDINANCE 940,AND AMENDMENTS THERETO,FOR THE PROPERTY LOCATED AT 1441 OLD WEST HIGHWAY,PARCEL NO.102-02-007:NUMBER ONE,ITS DEVELOPMENT SHALL BE SUBSTANTIAL COMPLIANCE WITH THE SUBMITTED CONCEPTUAL SITE PLAN AND LANDSCAPE,THE PLAN ACCEPTED AS MODIFIED BY THESE CONDITIONS:TWO,AN ENGINEERED RETAINING WALL TOPPED WITH WROUGHT IRON TO A HEIGHTH OF 6'SHALL BE INSTALLED ALONG THE ENTIRE EAST PROPERTY LINE AS MEASURED FROM THE INTERIOR GRADE OF THE KOA PROPERTY.SHOULD THE ENGINEERING DIVISION DETERMINE THAT A RETAINING WALL IS NOT REQUIRED,COMPLETE WROUGHT IRON FENCING WILL BE INSTALLED TO A HEIGHTH OF 6'.NUMBER THREE,THAT 10'WIDE LANDSCAPE STRIP IS REQUIRED ALONG THE ENTIRE LENGTH OF THE EASTERN PERIMETER AS SHOWN ON THE SUBMITTED PLANS.FOUR,OFFSITE OR ONSITE STORM WATER DRAINAGE SHALL BE DIRECTED ALONG THE EAST PERIMETER OF THE SITE OR ALLOWED TO FLOW ONTO THE ABUTTING PROPERTY TO THE EAST.FIVE,SCREEN WALL WILL NOT BE REQUIRED ALONG THE WEST PROPERTY LINE FROM THE FRONT SETBACK LINE TO A POINT WHERE THE RV STORAGE BEGINS:INSTEAD A 10'WIDE LANDSCAPING STRIP WITH A DEFINED EDGE SHALL BE INSTALLED.SIX,THE RETENTION AREA OF THE REAR OF THE SITE SHALL BE ENCLOSED WITH AN 8'SOLID HIGH MASONRY WALL,AND THIS,SINCE HE DID MENTION IT,THAT WOULD BE NOT WHITE BUT AS PLEASING OR AESTHETICS TO THE EYES,MULTI- COLORED OR SOMETHING,EARTH TONES.SEVEN,THE SCREEN WALLS AND BUILDINGS FROM FRONTING ON OLD WEST HIGHWAY WILL BE STUCCOED WITH COLOR BANDING AND DECORATIVE BLOCK INCORPORATED INTO THE DESIGN.THE SCREEN WALLS AND BUILDING ALONG THE REMAINING PROPERTY PERIMETER SHALL BE PAINTED TO MATCH THOSE ALONG THE FRONTAGE AND SHALL HAVE THE COLOR BANDING WITH DECORATIVE BLOCK INCORPORATED INTO THE DESIGN,BUT SHALL NOT BE REQUIRED TO BE STUCCOED. EIGHT,GATES SHALL BE PROVIDED IN THE WALLS SURROUNDING THE RV STORAGE AREA TO ALLOW ACCESS TO MAINTAIN THE LANDSCAPED AREAS ALONG THE EAST AND WEST PERIMETERS.NINE,PLANT MATERIALS IN THE PERIMETER LANDSCAPED SHALL INCLUDE REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 11 OF 29 BUT NOT BE LIMITED TO CACTUS AND OTHER PLANTS THAT WILL ENCHANCE SECURITY. TEN,THE FINAL LANDSCAPING/IRRIGATION PLANS MUST BE PREPARED BY A REGISTERED ARCHITECT AND APPROVED BY THE DEVELOPMENT SERVICES STAFF PRIOR TO INSTALLATION,ELEVEN,LIGHTING WILL BE REQUIRED ALONG THE EAST SIDE OF THE BUILDING AND IN OTHERS AREAS AS NECESSARY BASED ON THE C.P.T.E.D.AND DARK SKY ORDINANCE REQUIREMENTS.THIS LIGHTING SHALL BE NON -INTRUSIVE TO NEIGHBORS PROPERTIES WHILE STILL ENSURING ADEQUATE ILLUMINATION FOR SECURITY PURPOSES. TWELVE,THE EXISTING STORM WATER CULVERT ON THE SITE SHALL BE REVIEWED PRIOR TO CONSTRUCTION PLAN APPROVAL FOR ADEQUACY AND PROPER INSTALLATION.THE DEVELOPER MAY BE REQUIRED TO MODIFY,REPLACE OR ELIMINATE THIS CULVERT AS DETERMINED BY THE CITY ENGINEER.SPECIAL ATTENTION SHALL BE GIVEN TO ENSUING THAT THE OUTFALL DOES NOT CREATE EROSION OR PROVIDE A PLACE OF REFUGE FOR TRANSIENTS.THIRTEEN,THE CITY COUNCIL RESERVES THE RIGHT TO REQUIRE A SOLID MASONRY WALL ALONG THE ENTIRE EAST AND WEST PERIMETER OF THE PROPERTY IF A CHANGE OF USE OCCURS IN THE FUTURE. Vice Mayor Surra requested to AMEND THE MOTION REGARDING STIPULATION TWO TO READ AN ENGINEERED RETAINING WALL TOPPED WITH WROUGHT IRON TO HEIGHT OF 8'SHALL BE INSTALLED ALONG THE ENTIRE EAST PROPERTY LINE AS MEASURED FROM THE INTERIOR GRADE OF THE COMMERCIAL PROPERTY.BUT WE COULD CHANGE,SHOULD THE ENGINEERING DIVISION DETERMINE THAT THE RETAINING WALL WAS NOT REQUIRED,THEN A COMPLETE WROUGHT IRON FENCE COULD BE INSTALLED TO A HEIGHT OF 6'MEASURED FROM THE KOA INTERIOR GRADE. Councilmember Durbala agreed to the amendment. CouncilmeMber Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.02-10, EXTINGUISHMENT CASE EX -2002-01, EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENT ON SHIPROCK STREET BETWEEN ACACIA ROAD AND STARR ROAD REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 12 OF 29 )City Engineer Ron Grittman briefed the council on the item.This is south of Tepee between Acacia and Shiprock.There are four developed lots that front the extinguishment.He described the area. Mayor Coleman asked if part of Shiprock had already been abandoned. City Engineer Ron Grittman stated i t had. Mayor Coleman stated that area is to the west of the street.He commented that all the others have been abandoned east/west.There is nothing that could go from Cortez to Goldfield in a straight line.Manzanita has been abandoned between Hilton and Goldfied. City Engineer Ron Grittman stated i t would not go in a straight line.He designated all the other abandonments. Vice Mayor Surra asked what the lot sizes are that surround Shiprock. City Engineer Ron Grittman stated he is not sure but 7A is the only one that could be split from one original piece. Councilmember Eck commented i t is R- 43,so i t is a minimum of one acre.They cannot go down any lower. Vice Mayor Surra commented she wanted to make sure that we were not going to use abandonment in order to protect larger parcels. City Engineer Ron Grittman stated they would not.There is an easement across the property.The property is measured inclusive of the easement. Mayor Coleman stated it would have made more sense to him if the little strip of Roundup had not been abandoned between Hilton and Goldfield.It would have left a street going through. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 13 OF 29 City Engineer Ron Grittman showed them a listing of the abandonments in the area.It would be difficult to go east/west in the area. There was general discussion on the previous abandonments and the cost of buying them back. City Engineer Ron Grittman stated it is not a good practice for the city to be giving up rights of access to roadway easements,even though some may be difficult to construct.One less component of the cost of construction would be right-of-way acquisition.He recommended it not be abandoned. Vice Mayor Surra stated this abandonment is not for any particular purpose and the applicant is not in a hurry.She suggested that a corridor study be done before they vote on this item.It would provide the information on what areas they could allow extinguishments.She stated she would like to deny this for now and revisit it later. City Engineer Ron Grittman stated council may deny it or postpone it until after the study is completed. Vice Mayor Surra commented she would not want to make the applicant pay the fees again. City Engineer Ron Grittman stated they could do a small area transportation study and look at that. Councilmember Dietz agreed that the study should be done.'However,after driving by the property and Seeing the area,he sees no reason to not approve this one.They do need to know what they want to do in the future. Councilmember Durbala commented he would like to wait until the report comes back,as this could be one of the last places left.He does not think the wait would hurt the decision on this. Mayor Coleman asked how long it would take to get the study.He asked if it could be part of the motion. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 , PAGE 14 OF 29 City Attorney Joel Stern stated they can make a motion to continue,but it would affect the general policy for accepting extinguishment applications.They may want to have a separate discussion on that at a different meeting. Vice Mayor Surra asked if this should be a council -initiated request to extinguish instead of having the applicants come back. City Attorney Joel Stern stated he does not believe council is allowed to do that under the city code.It could be continued until a further date.He does not know how long the survey would take. City Engineer Ron Grittman stated it would be best if it was done through development services. Vice Mayor Surra stated if it is continued,it does not add to the applicant's cost.She recommended they continue this item as the applicant was not going to do anything with the land. City Engineer Ron Grittman stated he would ignore all the previous extinguishments in the corridor study and give them an estimate on the cost involved in buying them back. Councilmember Milkey stated he believes they could create an east/west corridor with Manzanita if they approved this extinguishment.They could buy back those that were needed City Engineer Ron Grittman stated he does not know the contours or any buildings that might be built up against it. Councilmember Milkey stated it should still be easy to grade down. Councilmember Durbala stated he would like to do the study and make sure.If buildings are put on them,i t would cost them more to buy developed land.He would like all the facts before he makes a decision. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 15 OF 29 There was general discussion on whether a study should be done and where the east/west roads may go. Councilmember Urich commented she does not want to strap staff's hands,and she believes continuing this will. She would like to wait for the study. Councilmember Eck commented he believes they should do a study but he would not want these applicants held back because of it.They could not go to a lower density for the parcels without applying for a general plan amendment.He could see no reason not to approve this now. Councilmember Durbala asked Commander Scott how difficult it is to get to areas over there for any calls. Commander Scott stated it is been difficult,but it has been difficult all along. Councilmember Durbala asked if this would make it easier to get into all those places. Commander Scott stated it would not- change unless they made them all through streets. Mayor Coleman opened the public hearing on the item. Mr.Barry White,1405 N.Acacia Road,Apache Junction,addressed the council.He passed out some pictures for the council to see.He commented an east/west road crossing has not been established every 330'.He added the road is closed to the west of Shiprock. There is a large wash in the area.By not closing Shiprock,he will got a lot of dust into his house.The property value would increase with the closure. He requested the roadway be abandoned.He added there area two washes that would have to be dealt with to do an east/west road.He gave a suggested east/west route involving Roundup and Shiprock. Mr.Harry Moroz,1388 N.Starr Road, Apache Junction,addressed the council.He commented each lot in the area. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 16 OF 29 unless i t has been abandoned,is a corner lot.As a result,i t looks like a cow pasture to him as no one is looking after it.He would like to see that fixed. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.02-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON SHIPROCK STREET BETWEEN ACACIA ROAD AND STARR ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2002-01 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:4-3.(Vice Mayor. Surra-,Councilmembers Urich and Durbala voted in opposition.) The motion carried. Mayor Coleman commented during the vote that he would like to see a study done as soon as possible.They need to outline where they want the road to go. Interim City Manager George Hoffman asked if staff should convey that council would be unlikely to consider new applications until the study is complete. Mayor Coleman and Councilmember Durbala stated they would like to wait until the study was completed. City Attorney Joel Stern stated the general policy on extinguishments should be at a different meeting as i t is not on the agenda. Mayor Coleman called for a ten minute break. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 17 OF 29 Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.02-11,CASE SD -6-98,RE -APPROVAL OF EXPIRED PRE -PLAT FOR COYOTE RUN SUBDIVISION;PROPOSED RESOLUTION NO.02-12,CASE SD -6-98, APPROVAL OF FINAL PLAT OF COYOTE RUN SUBDIVISION )Senior Planner Rudy Esquivias briefed the council on the item.The property is located on Winchester between Broadway and 16th Avenue.He described the previous actions council has taken on the development.It was specified that the lot owners of lots 1 and 14 would maintain the. landscaping along Winchester Road.Condition 10 applies to all property owners,meaning each of them must maintain the distance between the front property line and the street.The buyers of lots 8 and 9 will be responsible for the maintenance of the retention areas;they will be extra large lots because of this.There is no homeowners association for this subdivision.The council had adopted the condition that all open spaces must be maintained through either a homeowners association as part of the adjacent residential lot or through a deed restriction for that property owner to maintain or a legal agreement that legally binds an entity or individual to the perpetual maintenance of the open spaces/retention areas. The final version of the preliminary plat included a revised note showing the retention basins and drainage easements are to be maintained by adjacent owners.The final plat has met the intent of the council's request.There is a question as to how the information would be conveyed on the deeds;i t is on the deed,becoming part of the title forever,and i t is also reflected on the plat.Note No.8 on the plat talks about the retention areas,who is responsible for their maintenance and that they are not to be impeded or obstructed with any structures or concrete.They cannot be used for storage. If the retention areas overflow due to interference from the property owner, they will be held responsible for any damage.If they overflow from a natural occurrence,then legal counsel would need to be consulted.They are designed to have any overflow contained in the street.The final plat was submitted more than one year after the preliminary plat;as a result,staff is requesting council to re -adopt the preliminary plat.The construction assurances were submitted today,the water supply is assured and he has received reviews from all the agencies stating everything is okay to go. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 18 OF 29 Councilmember Eck asked if there were any major revisions between the original preliminary plat and the current one. Senior Planner Rudy Esquivias stated the preliminary plat is the same one approved in 1999. Mayor Coleman requested the applicant address the council. Mr.Gene Wilson,3057 S.Idaho, Apache Junction,addressed the council.He was there to answer any questions. Councilmember Durbala commented he is concerned that the owners of lots 8 and 9 would be told of their responsibility for maintaining the retention areas,including financially. Most people do not read through all the paperwork.He wants to make sure that there would be something written at the time of sale to assure that they understand that. Mr.Gene Wilson stated they will probably find out about it in a half dozen ways,with almost all of them in writing.They will hear it from him first since he is building the homes. They will also hear it in a subdivision report required by the state.It will be on their deed and their title report.It will also be on the final plat. It will be brought to their attention. Councilmember Durbala asked if it would be brought to their attention verbally. Mr.Gene Wilson stated that would be done especially.He sells his own homes besides building them.He works with the buyers one on one. 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. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 19 OF 29 Vice Mayor Surra MOVED THAT RESOLUTION NO.02-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AN EXPIRED PRELIMINARY SUBDIVISION PLAT,CASE SD- 6 -98,COYOTE RUN,BY HERSHEL E.WILSON,BE RE -APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT RESOLUTION NO.02-12,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR COYOTE -RUN SUBDIVISION,CASE SD -6-98,BY HERSHEL E.WILSON,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENTS/REAPPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS AND THE MUNICIPAL PROPERTY CORPORATION )Mayor Coleman suggested they make the appointments board by board. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE BOARD OF ADJUSTMENT:TO REAPPOINT SANDRA SPELMAN,TO REAPPOINT SHERRI MCGAHAN FOR TERMS TO EXPIRE JUNE 30,2005. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 20 OF 29 Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Durbala MOVED TO NOMINATE JAMES SCHECTER FOR THE BOARD OF ADJUSTMENT FOR THE TERM THAT RECENTLY PASSED AWAY WITH.(Kent Slocum,term of office to expire June 30,2004.) Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion on the qualified applicants for the Construction Code Board of Appeals. Councilmember Eck MOVED THAT WE MAKE THE FOLLOWING REAPPOINTMENT IN THE CONTRACTOR OTHER THAN GENERAL CONTRACTOR CATEGORY TO THE CONSTRUCTION CODE BOARD OF APPEALS:THAT DALLAS DEWEY FOR A TERM TO EXPIRE JUNE 30,2005. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT IN THE LAY PERSON CATEGORY TO THE CONSTRUCTION CODE BOARD OF APPEALS:THE REAPPOINTMENT OF MIKE MCDONALD FOR A TERM TO EXPIRE JUNE 30,2005. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 21 OF 29 VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT WE MAKE THE FOLLOWING APPOINTMENTS TO THE HEALTH AND HUMAN SERVICES COMMISSION: JOYCE PAYNE AND KATHRYN STOCK FOR TERMS TO EXPIRE JUNE 30,2005. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra suggested they delay filling the last position for this board so that they can give every person an opportunity to serve on one board. There was general discussion on filling the positions for the Industrial Development Authority.It was determined they would: not fill those positions at this time. Councilmember Eck MOVED THAT WE REAPPOINT BARBARA GARDNER AND STEPHEN FLYNN TO THE LIBRARY BOARD FOR TERMS TO EXPIRE JUNE 30,2005. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra asked if the Municipal Property Corporation needed to be filled by city residents only. There was discussion between Vice Mayor Surra and Councilmember Durbala on the applicants. REGULAR MEETING OF THE CITY COUNCIL MAY 21.2002 PAGE 22 OF 29 Vice Mayor Surra MOVED THAT WE MAKE THE FOLLOWING APPOINTMENTS TO THE MUNICIPAL PROPERTY CORPORATION BOARD: DANIEL WALD AND MICHAEL WELLER FOR TERMS TO EXPIRE JUNE 30,2005. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a motion for the Parks and Recreation Commission. Councilmember Durbala MOVED TO RENOMINATE RICHARD ANDERSON AND NOMINATE SHANE PHILLIPS WITH A TERM EXPIRING JUNE 30,2005. There was general discussion on the applicants for Parks and Recreation. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION: REAPPOINTMENT OF KENNETH MUETING,REAPPOINTMENT OF PAT RICHMOND,AND CONRAD PISINSKI FOR TERMS TO EXPIRE JUNE 30,2005. There was general discussion on the applicants for this board. Councilmember Urich amended her motion to MOVE THAT WE MAKE THE FOLLOWING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION:REAPPOINTMENT OF KENNETH MUETING,AND SUE CLABAUESCH AND CONRAD PISINSKI FOR TERMS TO EXPIRE JUNE 30,2005. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 23 OF 29 Councilmember Durbala SECONDED THE MOTION. VOTE:4-3 (Vice Mayor Surra,Councilmembers Dietz and Eck voted in opposition.) The motion carried. There was general discussion on the applicants for the Public Safety Personnel Retirement Board.City Clerk Kathleen Connelly advised the council that Commander Francis was elected by the members of the department.Commander Scott advised only one representative was up for reappointment. Vice Mayor Surra MOVED THAT WE MAKE THE FOLLOWING APPOINTMENT TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD:, STEVE FRANCIS FOR A TERM TO EXPIRE AUGUST 6,2005 AND TOM JAMES FOR A TERM TO EXPIRE AUGUST 6,2005. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT L.J. TREVILLYAN SERVE ON THE HEALTH AND HUMAN SERVICES COMMISSION FOR TERM TO EXPIRE JUNE 30,2003. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED AMENDMENTS TO THE CITY'S FISCAL YEAR 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATIONS AND CONTRACTS ) REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 24 OF 29 )Grants Coordinator Roger Hacker briefed the council on the item.Staff is seeking direction on how to utilize $33,500 for the CDBG grant this year.He gave a presentation on the Housing Rehabilitation Assistance Program which consists of three components: emergency housing;the repair program and housing accessibility;and housing rehabilitation.The emergency housing repair currently has $25,000 in i t which will fund five projects.The home accessibility has $25,000 which will fund 10 projects.The housing rehabilitation has a number of factors that affect how many projects they can do.-Some of the applicants in the latter will not be eligible due to financial income levels or due to CDBG department guidelines imposed.There are currently no applicants on the waiting list but there are applications outstanding in the housing rehabilitation category. Councilmember Dietz commented they appear to be in good shape to assist those that qualify. Vice Mayor Surra asked if they have the full $33,500 to transfer to another project. Grants Coordinator Roger Hacker stated that is correct. Vice Mayor Surra commented if it was turned over to the Food Bank they would be able to accomplish all of the things that they had cut back on.This would involve the expansion of the building and other things they do for the community. stated that is correct. and called for a motion. Grants Specialist Roger Hacker Mayor Coleman closed the discussion Councilmember Milkey MOVED THAT APPROVAL BE GIVEN TO THE PROPOSED AMENDMENTS TO THE CITY'S FISCAL YEAR 2001- 2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATIONS AND CONTRACTS ELIMINATING THE CITY'S FINANCIAL SUPPORT OF $33,500 FOR THE APACHE JUNCTION CHAPTER OF HABITAT FOR HUMANITY,AND THAT THOSE FUNDS BE DIRECTED TO THE EXPANSION OF THE APACHE JUNCTION REACH OUT FOOD BANK.INCORPORATED;AND THAT STAFF BE DIRECTED TO PREPARE THE NECESSARY DOCUMENTS TO IMPLEMENT THE REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 25 OF 29 AMENDMENTS TO THE CITY'S FY 2001-2002 CDBG APPLICATION AND CONTRACTS AND PRESENT THOSE FOR ACTION AT THE JUNE 4,2002 CITY COUNCIL MEETING. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS Interim City Manager George Hoffman stated they would like to schedule the small area transportation study for the June 4,2002 meeting in order to discuss the geographic scope of the study. Vice Mayor Surra DIRECTED STAFF TO PLEASE PUT ON THE NEXT AGENDA SOMETHING THAT HAS TO DO WITH GIVING US INFORMATION ON THE SCOPE OF STUDY FOR OUR TRANSPORTATION CORRIDORS. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES There was general discussion on having the budget work session and special meeting listed separately as the special meeting is for presentations by the search firms. Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 26 OF 29 MONDAY,JUNE 3,2002,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY;AND AND THAT A SPECIAL WORK SESSION BE HELD AT 6:00 P.M.ON WEDNESDAY,JUNE 5. 2002,IN THE CITY COUNCIL CHAMBERS:AND AND THAT A SPECIAL MEETING BE HELD AT 6:00 P.M.ON WEDNESDAY,JUNE 5,BE HELD IN THE CITY COUNCIL CHAMBERS,AND I MOVE THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JUNE 4, 2002,IN THE CITY CONFERENCE ROOM. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman thanked Dean Svoboda for his service to the community as Development Services Director. Mayor Coleman announcedAhey .ha!dia Town Hail this past Saturday on Downtown Development and Redevelopment .and he believes.it was quite successful.He appreciated everyone's effort there; Mayor Coleman announced the-str'eet light bill worked upon by Councilmember Dietz has passed the Arizona House and is on its way to the governor's office for signature. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:17 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 27 OF 29 2.Acceptance of Minutes of Regular Meeting of May 7,2002. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Liz Langenbach;Jay Reynolds;Keith Graves;Jeff Bell and Parks and Recreation Department;and Doug Dobson and Public Works Department. 4.Consideration of Resolution No.02-08,Authorizing the Mayor to execute an Intergovernmental Agreement (IGA)with the Town of Payson for partnering on Communitiy Development Block Grant (CDBG)funds for Fiscal Years 2002-03 and 2003-04. ACCEPTED THIS 4TH DAY OF JIINF 2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JUNE ,2002. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 28 OF 29 DOUGLAS FLEMAN Mayor 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 21st day of May,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated, this 28th day of May,2002. REGULAR MEETING OF THE CITY COUNCIL MAY 21,2002 PAGE 29 OF 29