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HomeMy WebLinkAbout2002-08-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 6,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 6,2002,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Colmeman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Uri‘ch Staff Present:Interim City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Parks & Recreation Director Jeff Bell Finance Director Keith Lewis Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 1 OF 25 Others present:Assistant to the City Manager Bryant Powell City Magistrate David Alexander Assistant Planner Juli McDaid Assistant Planner Steve Abraham ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED WITH THE EXCEPTION OF NO.6 WHICH I ASKED TO BE DELETED;AND THAT WE ACCEPT THE OTHER ITEMS AS PRESENTED; THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:CITY CLERK KATHY CONNELLY FOR SERVING AS CHAIRPERSON OF THE ARIZONA MUNICIPAL CLERKS'ASSOCIATION ELECTION CERTIFICATION COMMITTEE FOR 2001-2002;DEPUTY CITY CLERK JAN MASON FOR HER SUCCESSFUL COMPLETION OF THE AGTS SUPERVISOR'S ACADEMY;AND ADMINISTRATIVE ASSISTANT JANINE HANNA-SOLLEY FOR HER PLEASANT AND ACCOMMODATING MANNER THAT HAS MADE AN IMPRESSION ON THOSE WHO HAVE INTERACTED WITH HER WHICH WAS RELAYED TO US BY A CITIZEN OF OUR COMMUNTIY;AND THAT APPROVAL BE GIVEN FOR THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2002-2003 FOR VISITOR CENTER -RELATED SERVICES IN THE AMOUNT OF $40,000;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT;AND THAT APPROVAL BE GIVEN FOR THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN APACHE JUNCTION MAIN STREET PROGRAM,INC.AND THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2002-2003 FOR A SPECIFIC PROGRAM OF SERVICES INTENDED TO REVITALIZE THE DOWNTOWN AND SURROUNDING AREAS IN THE AMOUNT OF $32,000;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THAT AGREEMENT;AND THAT THE CONTRACTS FOR HUMAN SERVICES FUNDING FOR FY 2002-03 BE APPROVED AS FOLLOWS:APACHE JUNCTION REACH OUT,INC.,$15,000;BOYS AND GIRLS CLUB OF THE EAST VALLEY,$15,000;COMMUNITY ACTION HUMAN RESOURCES AGENCY,INC.,$10,000; MESA SENIOR CENTER,$20,000:AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER. $16,000;' AND THAT APPROVAL BE GIVEN FOR THE FUNDING ALTERNATIVE ADDED TO THE CONTRACTS OF THE SENIOR CENTER AND THE FOOD BANK AND SPLITTING EQUALLY AN ADDITIONAL $4,000 AS RECOMMENDED BY THE COMMISSION DUE TO THE YOUNG MARINES APACHE BRAVO UNIT BEING UNABLE TO MEET THE REQUIREMENTS;AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACTS;AND REGULAR MEETING OF THE CITY COUNCIL AUGUST 5.2002 PAGE 2 OF 25 THAT APPROVAL BE GIVEN TO USE THE CITY OF GLENDALE'S BID FOR BARRICADE RENTAL SERVICE TO CONTRACT WITH BOB'S BARRICADES FOR FISCAL YEAR 2002-2003 IN AN AMOUNT NOT TO EXCEED $30,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Interim City Manager George Hoffman briefed the council on the status of the capital facilities plan. Assistant to the City Manager Bryant Powell gave a brief history on the process of planning the city hall complex and multigenerational center.The intent is for this complex to be adequate for the city for the next ten years. Mr.Ray DelZotto from PinnacleOne gave a presentation,update and discussed the progress of the space needs assessment and budget considerations for the city hall core complex and multigenerational center.He briefed them on the cost differences associated with the three sites proposed for the multigenerational center.Due to those associated costs,the largest building possible would have to be built on the current city complex site. Mayor Coleman asked what he estimated the demolition costs to be. Mr.Ray DelZotto estimated it to be between $50,000 and $100,000.There could also be some perceived value of the buildings that are on the site,but i t is his understanding that the buildings were going to go away.They were planning on building a 30,000 square foot multi -generational center at an estimated cost of $3,000.000 as part of the $13,000,000 capital facilities project program.Escalation figures are 17.282 from when this was first passed in 1998 to when it will be bid in 2003.No adjustments will be made in dollars due to inflation,which will therefore affect the square footage. After other costs,they have $2,825,000 for general construction which will build approximately 25,700 square feet.He briefed them on the optimal needs REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 3 OF 25 determined by staff for the facility which amounted to 33,500 square feet.He commented they first decided to eliminate the permanent stage. Vice Mayor Surra commented they could do something with a mobile stage later on. Mr.Ray DelZotto stated that was discussed.The indoor jogging track was next removed and that put the building at just under 30,000 square feet.They were able to make a building size that would fit the budget by making some areas smaller,and eliminating some classrooms,the minor kitchen,computer lab, climbing wall and the conference room. Councilmember Eck asked if they would not be having a climbing wall in the multigenerational center. Vice Mayor Surra stated they would. Councilmember Milkey asked if the city could afford the optimum plan. Assistant to the City Manager Bryant Powell stated after looking at everything and making conservative forecasts down the road,he believed the city would be able to afford it based on the assumption that we continue to maintain a certain amount of economic activity in the city. Councilmember Milkey asked if it would impact other capital facilities plan projects. Assistant to the City Manager Bryant Powell stated it would not. Vice Mayor Surra ,asked if the city has the rating to borrow more money than was originally intended. Interim City Manager George Hoffman stated they do.They could do short term financing rather than a bond.There are many different financing scenarios that they could pursue.All of the projects are supposed to be built and paid for in ten years when the two -tenths of a percent stops being collected. Vice Mayor Surra commented they would only have to expand the space on the multigenerational center within five to ten years anyway.If it was done now, REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 4 OF 25 it would last longer and construction costs would continue to go up.She would like to see the city go for the optimum. Interim City Manager George Hoffman stated that is the kind of policy affirmation he is looking for tonight. Councilmember Eck asked if this had anything to do with the tax;it will sunset in ten years. Interim City Manager George Hoffman stated the rate is fixed and i t ends in ten years. Councilmember Eck asked if they could go into the development fees for the bonding or whatever. Interim City Manager George Hoffman stated they have been setting aside savings that were referenced by the vice mayor.They have the development fee accounts and interest on the accounts.They have the two -tenths sales tax coming in and the potential to borrow and repay.The development fee money would then continue to assist the city throughout the ten year period. Councilmember Eck commented they could get the other $2,000,000 or $3,000,000 out of these fees. Interim City Manager George Hoffman stated that is correct.The original costs were determined in 1998 dollars and what they could get for them,but i t was understood there would be an inflationary factor. Councilmember Urich agreed with the vice mayor.The police station was originally cut down and they are now running out of space.It would have been cheaper to have had the full building constructed that had been recommended. Councilmember Dietz stated i t is good that they are looking at different options and considering the costs for all the sites. Mr.Ray DelZotto asked if they wanted to pursue the least costly option for the site. It was the general consensus of the council to use the least costly site in order to have the money for the building. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 5 OF 25 Councilmember Eck commented that would mean the city hall would have to be built first. Interim City Manager George Hoffman stated they would continue the design aspects and proceed with that work.After i t is bid out,they might have one or more construction firms.There might be simultaneous work:they might be physically utilizing the three buildings currently with proper sequencing for the move to the new city hall. Vice Mayor Surra asked when the multigenerational center would be open. Mr.Ray DelZotto stated they originally looked at city hall being completed in January 2005.It would now be moved up with the completion tentatively scheduled for July 2004.The multigenerational center would be completed late spring/early summer of 2005. Vice Mayor Surra asked if it saves any dollars to delay the multigenerational center. Mr.Ray DelZotto stated it would save almost three-quarters of a million dollars. Councilmember Durbala commented this is the best idea as they are saving over $800,000,they are adding an additional 8,000 square feet to the building,and the community would be happy with the cost factor and the money they would be saving.They would not have to rebuild in five to six years and ask for more money. Mr.Ray DelZotto stated the estimated construction cost for the city hall building is $4,750,000.They had wanted approximately 45,000 square feet of office,council chamber and court space to house all the departments in one building.Including the land,it was estimated this would cost $5,750,000. The land cost $900,000,and with other related costs,the city is left with $4,350,000 which would construct a building of approximately 35,000 square feet. Vice Mayor Surra asked if the city attorney's building could be left on site and those offices would then be taken out of the city hall. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 6 OF 25 Councilmember Milkey stated they could do the same with the Human Resources and MIS building. Vice Mayor Surra agreed.She asked if they all had to be under one roof; everything that citizens come to should be under one roof but not the other places. Mr.Ray DelZotto stated the only buildings that would definitely be disturbed are these three,which is the site for the multigenerational center.The other buildings would not need to be disturbed.He discussed the departments scheduled to go into the new building and their current and projected growth needs.Almost 50,000 square feet is needed by 2012.If certain departments are not located there,the building will be sufficient for 5 years,needing 34,055 square feet.The departments deleted would be Parks and Recreation. MIS,and the City Attorney. Mayor Coleman asked if those departments would have the room that they need through the other buildings. Mr.Ray DelZotto stated it would with some small remodeling projects.Parks and Recreation could take over all of the administration and development services buildings.MIS would have the entire building they are housed in. The City Attorney would have the entire building they are currently in. Councilmember Dietz commented the multigenerational center is showing a cost of $110 per square foot,yet the city hall is showing a cost of $124 per square foot.He asked what the difference was. Mr.Ray DelZotto stated i t is because of the type of facility.Small rooms are more expensive than large rooms.He asked for direction on the size of the buildings and their vision for how it should operate and the departments i t should house. Vice Mayor Surra stated it would be silly not to use the buildings if they can build out for the growth pattern. Councilmember Milkey asked if the expanded city hall is feasible. Interim City Manager George Hoffman stated i t is. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 7 OF 25 Assistant to the City Manager Bryant Powell stated he ran his study up to a projected 49,000 square feet. Mayor Coleman commented they are looking at the 2007 column with some departments left out of the new building. Interim City Manager George Hoffman stated if they build 45,000 square feet, they can determine what combination of departments would be in there and that would affect the time line of how long it would be adequate. Councilmember Milkey asked if they had considered putting Parks and Recreation in the multigenerational center. Mr.Ray DelZotto stated they have not. Parks and Recreation Director Jeff Bell stated they would have to add a lot of square footage. Interim City Manager George Hoffman stated they could explore that if the council wishes. Councilmember Dietz commented the current administration building would be a good location for them.I t is central to the park,library and the multigenerational center. Vice Mayor Surra commented she would like to conserve as much space as possible for the recreational opportunities there.It would allow them to have all the programs they want to have. Councilmember Milkey asked how many square feet Parks and Recreation would need to be accommodated in the new building. Assistant to the City Manager Bryant Powell stated they would need 4,300 square feet. Councilmember Milkey stated that would not be a considerable cost to house everything in one location. Councilmember Durbala thought that would be a good way to do it. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 8 OF 25 Vice Mayor Surra commented the people doing office work would not be disturbed by recreational programs if they were housed in the administration building. She believes that decision should be left to the director. Parks and Recreation Director Jeff Bell stated multigenerational centers are very noisy due to the activities taking place.They would have to have an area where they could have their privacy. There was general discussion by the council regarding taking the money that would have added the square footage needed for parks and recreation and use i t to remodel the current buildings it could use.It was their consensus to remodel the buildings. Interim City Manager George Hoffman summarized they will be locating the multigenerational center on the current site,with it being optimum -sized,and they will construct a municipal complex/court facility with slightly less than 43,000 square feet. Councilmember Durbala asked if the things being done for the court have been mandated by the Supreme Court. Interim City Manager George Hoffman stated they are building under the rules and regulations of the Supreme Court. Assistant to the City Manager Bryant Powell stated they would not be moving Public Works up here. Interim City Manager George Hoffman stated they may have an office or two with a computer and telephone for other staff to use whose offices are not located in the building. CALL TO THE PUBLIC Mr.Dan Wald,3400 S.Ironwood Drive #260,addressed the council to thank them for appointing him to the Industrial Development Authority,support for the economic development agreement for the Chamber of Commerce and urged them to increase their budget,support for the economic development agreement for the Main Street Program,his admiration for City Clerk Kathy Connelly for her handling of the unique publicity and attacks over the past few months by a REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 9 OF 25 certain individual in the community,and he urged them to consider the Community Development Corporation and fund them in the future. CITY MANAGER'S REPORT Interim City Manager George Hoffman thanked Assistant to the City Manager Bryant Powell for his services as acting city manager for two -and -a -half weeks. PUBLIC HEARINGS APPLICATION FOR TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT FOR FRATERNAL ORDER OF EAGLES #3850 )Councilmember Urich excused herself from this item due to a conflict of interest. City Clerk Kathleen Connelly briefed the council on the item.This is for a special event over Labor Day weekend. Correspondence has been received from the police department and planning with no objection to the event.The applicant was notified to attend the meeting. Mr.Ronald Ploeger,past president, addressed the council.He commented they have not had any problems in the past that he is aware of and their goal is to raise some money for charities. They will have a roped off area patrolled by some of their officers. Mayor Coleman asked if the public would be invited to this event. Mr.Ronald Ploeger stated i t is for members only and their guests.They will be checked. Vice Mayor Surra asked what the special event was. Mr.Ronald Ploeger stated they do this about five times a year,usually on Memorial Day and Labor Day,and sometimes on St.Patrick's Day.The biggest one is on Labor Day. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 10 OF 25 Vice Mayor Surra commented they do good work with their support of local charities. 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. Vice Mayor Surra MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT FOR THE FRATERNAL ORDER OF EAGLES #3850 FROM AUGUST 31 TO SEPTEMBER 2,2002 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute recess. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1155/PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-6-01, FOR A 33.5 ACRE,CR-5/PD (MULTI -FAMILY HOMES BY PLANNED DEVELOPMENT) -ZONED PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF TEPEE STREET AND IDAHO ROAD; AMENDING ORDINANCE NO.456 )Assistant Planner Steve Abraham briefed the council on the item.He gave a history of the site.I t is currently zoned for medium density.Tepee is the dividing line between medium density and low density residential.The applicant would like to build a 47- unit attached condominium project to be built on approximately 4 acres on the north parcel.The applicant wishes to have a two-story building within 50'of REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 11 OF 25 a general rural zone;current zoning regulations only permit a one-story building at least 50'from a general rural zone.They have several units asking for that reduction.He discussed the conceptual landscaping plan and the setbacks.They are proposing a density of 11 to 12 units per acre,which is similar to what they could already do now under the current ordinance.The elevations and floor plans were described.The south parcel is proposed to be a 197 -unit project with a clubhouse,pool,central access ways and street parking.The 50'rule also applies here as well for some of the units.The pluses to this project would be the facilities have been improved,the recreational amenities would be available to the phase 2 residents,increased landscaping,a newer and more modern product,and i t has a reasonable amount of open space.The minus is the height issue,with complaints coming from neighbors along one edge.The buildings could be flip-flopped with the parking area or a unit could be moved over to meet the 50'minimum,though that would affect the open space.He believes this proposal is better than the previous plan.He mentioned additional stipulations staff recommended on recreational amenities,a landscaping plan,constructing to code,and the submission of a formal subdivision plan. minimum requirement for parking. stated they do. requirement is. stated i t is two parking spaces per unit. Mayor Coleman asked if they meet the Assistant Planner Steve Abraham Mayor Coleman asked what the Assistant Planner Steve Abraham Mayor Coleman asked if the building the neighbors had the height problem with is the northernmost one that touches the development on two sides. Assistant Planner Steve Abraham stated that is correct. Councilmember Urich asked if their concern is because i t is two stories. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 12 OF 25 Assistant Planner Steve Abraham stated that is correct.They do not want residents from the building looking into their backyards.The developer has offered to plant trees that at maturity would obstruct the view.It was also noted that a taller structure could be built in general rural than what can be built in CR-5. Councilmember Urich asked if there were any other concerns by the neighbors. Assistant Planner Steve Abraham stated the major concern was the height.There was some concern about increased traffic on Tepee. Vice Mayor Surra asked how tall the three buildings on the corner could be if the plan does not change from the original approved plan. Assistant Planner Steve Abraham stated they could also be two stories.The original plan did not specify but they could probably be between 20'and 25'high or possibly higher. Vice Mayor Surra stated they already had approval for the other kind of unit. Councilmember Durbala asked if it would satisfy the situation if they flip-flopped the one building with the parking lot. Assistant Planner Steve Abraham stated if you include that with the current parking area it would work. Mayor Coleman requested the applicant address the council. Mr.Pat Lannan,7520 E.Angus Drive, Scottsdale,representing Dry Creek Partnership,addressed the council.He stated Dry Creek selected his company to do this joint venture development on this site.They have worked with staff several times to bring the concept up to today's standards of development.According to the current ordinance,i f they are at 25'from the finished floor,they can be 15'from the property REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 13 OF 25 line.That is the current setback.If you are above 25',you have to be 50' from the property line.Their building is 33'from the property line.I t appears closer in the write up due to their enclosed patios.If they made flat roofs on the inside,they could move within 15'of the property line. They met three times with the neighborhood and i t is not a height issue,but a one-story versus two-story issue.The site is already approved for two-story. The 50'rule was not in effect in the existing site plan.They can have a smaller setback if they go at 25'or less from the finished floor.He thanked Steve and Rudy for their help in trying to work out what i t should look like. They are inside the 50'setback for positive reasons:a pool,a clubhouse, barbecue facilities,tot lots,guest parking in the major areas of these recreational facilities,and open space.None of these things were on the existing site plan.The partnership has two options:a new,better site plan or build the existing product.He believes the former is a better alternative.The site has more positives than negatives and will enhance the community,including the elevations,the color palette of desert hues,and they look like family dwellings and not apartments.The homes are not stacked with someone living above them:i t is a two-story home with a neighbor on each side.They have enclosed backyards with patios.There is parallel parking for the guests at the common area facilities.They are 33'from the property line instead of 50'from the property line.They reduced the density by 6%. Councilmember Eck commented the original Quail Creek was an exciting project in the community.Since that time,the community has built up and he has not thought of this area around Quail Creek as being high density.He thought it was lower density and he believes i t is the wrong zoning for the area.He is aware they could come back and build a lesser product if this was denied,but i t is hard for people to accept because i t is against the philosophy of the community. Mr.Pat Lannan stated the Dry Creek people have owned this and originally zoned this. Councilmember Eck commented he was showing empathy for the people in the area as the council has pushed for the rural atmosphere on the north side of the community. Councilmember Durbala asked why they could not move the building as suggested. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 14 OF 25 Mr.Pat Lannan stated they lose several units if they do that as they would have to restructure the site. Councilmember Durbala commented they would lose several units. Mr.Pat Lannan stated that occurs because i t affects your setbacks on the other side between the buildings. Councilmember Durbala asked if the parking section was as wide as the buildings. need to have a driveway. could be on the other side. Councilmember Dietz commented they Councilmember Durbala stated that Mr.Pat Lannan stated they looked at that and it did not flow correctly,plus the loss of density. Councilmember Dietz asked if they would only lose the one unit. Mr.Pat Lannan stated they would have to relocate the drive and there is an additional setback on the drive from the property line.Additional units are lost in getting the flow of the drive back into the project. Councilmember Durbala asked if they could go up to the higher density and not offer all the amenities if this is not approved. Interim Development Services Director Rudy Esquivias stated that is correct.The existing plan shows 4 buildings on the north end with 60 units.The proposed plan has a decrease in density.They could start building tomorrow with the old plans. Mayor Coleman asked if this was approved in 1985. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 15 OF 25 Interim Development Services Director Rudy Esquivias stated it was approved then as a planned development. He is not sure if the 50'rule was in effect then,but they were granted a planned development deviation on the setbacks at that time.The old planned development already allows multi -story within 50'of the property line. Councilmember Durbala commented their hands are basically tied on this. Interim Development Services Director Rudy Esquivias stated they may be able to gain some footage on the east end,as the buildings there have more of a front yard.I t is more than what is seen on most of the units.They may be able to move them over a few feet. Mr.Pat Lannan asked what direction he would like to move the building and what the setback is on the west. Interim Development Services Director Rudy Esquivias stated i t is 15'to the street side and they currently have 25'to the street side.On the end where they are two-story,if it were straight zoned,it would be 50',and one story would be 10'to the property line. Mr.Pat Lannan stated they could shift the whole site 10'over.They proceeded with a misunderstanding on the 25'setback.That would then give them a setback of 43'to the property line. Surra stated they could live with that. have permission to do that. do. Councilmember Durbala and Vice Mayor Mr.Pat Lannan asked if they did Councilmember Durbala stated they Vice Mayor Surra stated they would give that kind of variance because i t is a nicer build out of the next two phases. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 16 OF 25 Councilmember Durbala commented the quality would be much better than what they would get if they kept arguing about space.They could go back to the original plan and be even closer. Vice Mayor Surra asked where the entrances are for the project. Interim Development Services Director Rudy Esquivias showed the entrances to the council. Councilmember Durbala asked if the applicant was agreeable to the change. Mr.Pat Lannan stated he was;they would be happy to shift it over 10'as long as a stipulation was added stating they had permission to go to 15'if it actually turns out to be a 25'setback. Councilmember Durbala stated they could. Mayor Coleman opened the public hearing on the item. Mr.Lawrence McMann,1440 N.Idaho Road,the president of the homeowners'association for the first phase of Quail Creek,spoke on his own behalf.There are 152 owners and he received a lot of phone calls when this project came about.The calls were for explanations and no one complained about the project.The informational meetings were well done.He believes the neighbors on Tepee do not want a building there.Most of them have just bought there and they are going to lose the sunset.He does not agree with shifting it over 10'because the remainder of residents lose the barrier and landscaping.This was already approved and these people bought there anyway with that approval,and i t should have been explained to them as it was to him about the surrounding area when he bought where he is.I t is their problem.He is in favor of the project.I t is new and upgraded with more amenities with less density.I t is not low income and they have confidence the units will sell.It will increase the tax base and increase their property value.Earlier they could not sell their units;lately they have been selling and now many are off the market because the value has increased by $25,000 a unit,and those will be sold REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 17 OF 25 later to be capitalized on for the increase in value.The present units are not stacked and i t is irritating to have someone stomping over your head.He looked at other units they have built and they make a good product with value to the money.Staff has had a lot of input on this project to make i t very attractive.They have two story units now and no one looks into other people's backyards.He would prefer they not move the building so that they would benefit from the additional barrier and landscaping. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Eck commented if he had bought across from there he would have assumed that the building was finished.He would not be thankful for them building two stories there.He would sell his property and relocate.He thinks i t is unfortunate for those people. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1155 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1155,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:ON THE WEST SIDE OF THE PROPERTY THE SETBACKS WILL BE 15'VERSUS THE 25';AND THAT THERE IS 43'ON THE EAST SIDE OF THE PROPERTY OF THOSE BUILDINGS FACING THAT SIDE OF THE PROPERTY. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 18 OF 25 Vice Mayor Surra SECONDED THE MOTION. Assistant Planner Steve Abraham stated that would be 43'to the face of the building. Councilmember Durbala MOVED TO CORRECT THAT TO MAKE THAT TO THE FACE OF THE BUILDING. Vice Mayor Surra AGREED WITH THE CORRECTION. VOTE:6-1 (Councilmember Dietz voted in opposition.) The motion carried. PZ-3-02 - APPEAL OF ORDINANCE NO.940 LANDSCAPING AND SCREENING REQUIREMENTS; APPLICANT/OWNER AZIZ HELAL,CRESCENT MOON APARTMENTS )Assistant Planner Juli McDaid briefed the council on the item.He is appealing four sections of Ordinance No.940.He is proposing to mirror the development of phase 1 that occurred on the first two lots he bought for the lot on the corner of Colt Road and 10th Avenue in Palm Springs Subdivision.He would like to build two apartment buildings.He is appealing the frontage requirements from 20'to 14'to mirror what is already constructed in phase 1.He is appealing the interior separation wall along the interior property line;deleting the wall for adequate circulation of traffic.It would open i t up to create a common usable space for both phases.He is also appealing the other wall he has constructed because i t has various heights instead of a consistent 6'that the code requires.He is appealing the separation between the parking lots.This is a residential use requiring a landscape strip of approximately 10'with one tree every 20 linear feet.He would like to delete that for proper access. The zoning also calls for an 8'masonry wall with a terraced design,which does not make sense with the 6'wall requirement and would again impede the traffic flow.The final appeal is in regard to the 20'by 20'triangle clear for visibility for entrance drives.His wall has already been constructed and impinges into that area.She found reasons to support all of the requests except the final one,which she considers a traffic hazard and safety issue. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 19 OF 25 Staff recommends approval of the other three issues.Conditions of approval were included in the staff report.She described the conditions. Councilmember Durbala asked if the language included at the end of conditions 3 and 5 was in anticipation of these becoming condominiums. Assistant Planner Juli McDaid stated i t is zoned commercial.Commercial zoning can allow many things that would not be compatible. Vice Mayor Surra thanked her for the presentation as it cleared a lot of questions left over from the work session, especially the work done on the conditions. Councilmember Milkey commented he thought it was a good project for the area. Councilmember Eck asked if the request staff is not recommending is not part of the conditions. Assistant Planner Jull McDald stated she put it within the language of condition two.I t requires him to add wrought iron as a compromise. Mayor Coleman requested the applicant address the council. Mr.Aziz Helal addressed the council.He commented he had started the project about five years ago on two lots.He has designed a southwestern style to compliment the area.He wants the second phase to mirror phase one.He has been out of town for four weeks and has not had the chance to go over the conditions.He needs some clarification on some of the conditions,such as the eight points for the recreational facilities.The total project will have 16 units and he has planned to add amenities for a children's playground,but he would like to have enough space to add a swimming pool.The use will not change;if it is changed at all,it will go from apartments to condominiums. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 20 OF 25 Assistant Planner Juli McDaid commented the play station points are in the park and open space and the pool is six points.They would need two points. Mr.Aziz Helal stated he had planned on having some place for the kids to play,as he is living there now with his own kids.He likes to be proud of what he designs.He requested their approval. Vice Mayor Surra commented i t is a good project. Mr.Aziz Helal stated he did have some problem with the color of the original wall but i t has been corrected. As the wall is already up,he requested the wall be lowered to either two or five feet in specified areas totaling approximately 186 feet.The wrought iron fence would have to be added.He originally put the wall up because the property was being vandalized.He is requesting some credit on the fees because of the cost of taking down the wall. Councilmember Milkey asked if the variable height wall was approved in conditions recommended by staff. Assistant Planner Juli McDaid stated they are recommending approval in phase two with the exception of the triangles entering into each drive,which is in phase one and phase two.The wall around the corner was negotiated to be removed by another staff member. She commented the cost of his taking down the wall is approximately equal in value to the cost of what the development fees would be.Assistant to the City Manager Bryant Powell has agreed to give him credit for the development fees. already been done. that is correct. hearing on the item. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 21 OF 25 Mayor Coleman commented that has Assistant Planner Juli McDaid stated Mayor Coleman opened the public Mr.Jay Earl,4747 S.Jalapa Lane, Gold Canyon,addressed the council.He owns the apartment directly across the street from Mr.Helal.He has been making improvements on i t in the last couple of months.He wanted to be assured that the wall would be coming down at the entrance point as there is a stop sign just east of there and people are always running the stop sign,especially in golf carts,and i t is an accident waiting to happen.He thanked him for changing the color of the fence. Mr.Aziz Helal stated he has no problem lowering the wall in the corner and making it a wrought iron fence. 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 Milkey MOVED THAT THE REQUEST BLY AZIZ HELAL FOR A WAIVER OF SECTIONS 5-1-5(B)2,6-1-5(D)2,6-1- 5(E)4 AND 6-1-6(6)6 OF TH4 APACHE JUNCTION CITY CODE,VOLUME II,LAND AND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6-1,LANDSCAPING AND SCREENING REQUIREMENTS (ORDINANCE NO.940 AND AMENDMENTS THERETO)FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER AREA OF EAST 10TH AVENUE AND SOUTH COLT ROAD (PARCEL NOS.102-23-066 & 065)BE APPROVED WITH THE FOLLOWING AMENDMENTS: THAT THE CONDITIONS OF APPROVAL ARE AS FOLLOWS:(1)THE FRONT LANDSCAPE STRIP SHALL BE ALLOWED TO BE REDUCED TO DEPTH OF 14'TO REMAIN CONSISTENT WITH PHASE 1 OF THE CRESCENT MOON APARTMENT DEVELOPMENT.ALL PLANT DENSITIES SHALL BE CALCULATED FOR THE STRIP BASED ON A 20'DEPTH RATHER THAN THE 14'PROPOSED. (2)THE VARIABLE HEIGHT WALL DESIGN SHALL BE ACCEPTABLE FOR ALL AREAS OF THE SITE EXCEPT THOSE CONTAINED WITHIN THE SIGHT DISTANCE TRIANGLE ADJACENT TO THE TWO ENTRANCE DRIVES ALONG 10TH AVENUE.WITHIN THE 20'X 20'TRIANGLES,THE WALL SHALL BE MODIFIED TO MEET THE ORDINANCE AND SHALL NOT EXCEED A HEIGHT OF 2'WITHIN THIS AREA,BUT MAY BE SUPPLEMENTED WITH WROUGHT IRON UP TO A HEIGHT OF 5 FEET.THE WALL SHALL ALSO BE MODIFIED IN THE VICINITY OF THE STOP SIGN. (3)IN LIEU OF REQUIRING A SEPARATION WALL BETWEEN PHASES 1 AND 2,THE DEVELOPER SHALL INSTALL A MINIMUM OF 2 BARBEQUE GRILLS,2 PICNIC TABLES,AND TWO PIECES OF PLAYGROUND EQUIPMENT SUITABLE FOR CHILDREN OF ALL AGES.A MINIMUM OF 8 PLAY STATION POINTS (AS DEFINED UNDER THE PARKS AND OPEN SPACE GUIDELINES)SHALL BE ACHIEVED AND MAINTAINED.COUNCIL RESERVES THE RIGHT TO REQUIRE INSTALLATION OF THE SEPARATION WALL ALONG THE PROPERTY LINE SHOULD THE USE CHANGE FROM MULTI -FAMILY AT ANY TIME IN THE FUTURE.(4)A LANDSCAPED REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 22 OF 25 ISLAND 18.5'X 20'SHALL BE INSTALLED TO SEPARATE THE PARKING AREAS AS ILLUSTRATED ON THE SUBMITTED CONCEPTUAL LANDSCAPE PLAN.SHOULD THE USE OF EITHER PHASE CHANGE FROM MULTI -FAMILY,COUNCIL RESERVES THE RIGHT TO REQUIRE INSTALLATION OF THE REQUIRED LANDSCAPE STRIP,TREES,AND AN 8'WALL WITH A TERRACED DESIGN.AND (5)ADHERENCE TO THE CONCEPTUAL SITE PLAN AND LANDSCAPE PLAN IS REQUIRED.THE FINAL LANDSCAPE PLANS (WHICH MAY BE SUBMITTED PRIOR TO REQUEST FOR OCCUPANCY)MUST BE APPROVED BY APPROPRIATE CITY STAFF PRIOR TO ANY INSTALLATION.THE CITY COUNCIL RESERVES THE RIGHT TO REQUIRE INSTALLATION OF SOLID MASONRY WALLS IF A CHANGE OF USE ON THE PROPERTY OCCURS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 3,2002,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 23 OF 25 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman requested the community support the Boys & Girls Club Bowling Tournament on August 17,2002.Some councilmembers will be participating. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:22 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 5,2002. 3.Acceptance of Minutes of Special Meeting of July 15,2002. 4.Acceptance of Minutes of Regular Meeting of July 16,2002. 5.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Kathy Connelly:Jan Mason:and Janine Hanna-Solley. 6.Consideration of contract with Knowledge Point,a division of CCH Incorporated,to purchase performance appraisal software at a cost not to exceed $18,000. 7.Consideration of Economic Development Agreement with Apache Junction Chamber of Commerce for FY 2002-03. 8.Consideration of Economic Development Agreement with Apache Junction Main Street Program,Inc.for FY 2002-03. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 24 OF 25 9.Consideration of agreements with health and human services providers for FY 2002-03. 10.Consideration of request to use City of Glendale's bid for barricade rental service from Bob's Barricades for FY 2002-03 in an amount not to exceed $30,000. ACCEPTED THIS 3RD DAY OF SEPTEMBER ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF SEPTEMBER ,2002. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of August,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of August,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 5,2002 PAGE 25 OF 25