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HomeMy WebLinkAbout2002-11-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 5,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 5,2002,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 Milkey 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 Public Safety Director Robert Warner City Engineer Ron Grittman Public Works Director Doug Dobson Interim Development Svcs.Dir.Rudy Esquivias Assistant to the City Manager Bryant Powell REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 1 OF 28 Others Present:Management Assistant Shari Watson Assistant Planner Juli McDald 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 COORDINATOR ELIZABETH KNOX AND RECREATION EMPLOYEE HOLLY NINE FOR PROVIDING PROFESSIONAL AND COURTEOUS ASSISTANCE IN SETTING UP AND COORDINATING THE BOY SCOUTS OF AMERICA,GOLD CANYON TROOP 219 SWIMMING AND WATER RESCUE RANK REQUIREMENTS EVENT;CITY CLERK KATHY CONNELLY,DEPUTY CITY CLERK JAN MASON, AND SECRETARY BRENDA CHERRYHOLMES FOR THEIR COMPLETION OF THE ARIZONA MUNICIPAL CLERKS'ASSOCIATION AND THE LEAGUE OF ARIZONA CITIES AND TOWNS 2002 ELECTION WORKSHOP;AND ESPECIALLY TO CITY CLERK SECRETARY BRENDA CHERRYHOLMES FOR HER SUCCESSFUL COMPLETION OF THE TRAINING PROGRAM TO BECOME A CERTIFIED MUNICIPAL ELECTION OFFICIAL;AND THAT MICHAEL KLATT BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE ON JUNE 30,2005,AND THAT JOYCE PAYNE BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE ON JUNE 30,2003;AND THAT KATHLEEN WALDRON BE APPOINTED TO THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2008, THESE FOLKS ALL APPEARED BEFORE US YESTERDAY FOR THEIR INTERVIEWS;AND THAT APPROVAL BE GIVEN FOR THE 2002/2003 PUBLIC AWWARENESS GRANT AGREEMENT BETWEEN THE ARIZONA AUTOMOBILE THEFT AUTHORITY AND THE CITY OF APACHE JUNCTION POLICE DEPARTMENT IN THE AMOUNT OF $2,885.00 FOR STEERING WHEEL LOCKS PROVIDED TO CITY RESIDENTS;AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT WITH KIRKHAM MICHAEL TO MASTER PLAN AREA AND DEVELOP CONSTRUCTION PLANS FOR PHELPS DRIVE FROM APACHE TRAIL SOUTH TO THE ENTRANCE TO THE CROSSINGS IN THE AMOUNT OF $98,491.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $9,849.10 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $108,340.10,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL OF THE AGREEMENT AS TO FORM BY THE CITY ATTORNEY;AND REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 2 OF 28 THAT THE AWARD OF BID FOR PUBLIC WORKS PROJECT NO.PW 2002-21,INSTALLATION OF GUARD RAIL AND OTHER RELATED MATERIALS AT THREE LOCATIONS IN APACHE JUNCTION BE AWARDED TO 5-G IN THE AMOUNT OF $56,622.50 PLUS 10% CONTINGENCY IN THE AMOUNT OF $5,662.25 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $62.284.75:AND THAT THE AWARD OF BID FOR PUBLIC WORKS PROJECT NO.PW 2002-14,CONSTRUCTION OF TRAFFIC SIGNALS AT IRONWOOD DRIVE AND SUPERSTITION BOULEVARD,SUPERSTITION BOULEVARD AND IDAHO ROAD,AND IRONWOOD DRIVE AND BASELINE AVENUE,BE AWARDED TO AJP ELECTRIC IN THE AMOUNT OF $285,080 PLUS 10% CONTINGENCY IN THE AMOUUNT OF $28,508 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $313,588;AND THAT THE AWARD FOR BID FOR PUBLIC WORKS PROJECT NO.PW 2002-19,CONSTRUCTION OF CONCRETE,RELATED IMPROVEMENTS AND AGGREGATE BASE COURSE ADDITIVE ALTERNATIVE ON BASELINE AVENUE AT IRONWOOD DRIVE AND WINCHESTER ROAD,BE AWARDED TO PIPKIN CONSTRUCTION IN THE AMOUNT OF $83,983.46 PLUS THE ADDITIVE ALTERNATIVE BID #1 OF $42,467.11 TOTALING $126,450.57 PLUS 10% CONTINGENCY IN THE AMOUNT OF $12.645.06 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $139.095.63,AND THAT APPROVAL BE GIVEN TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH PDS TECHNICAL SERVICES FOR TEMPORARY BUILDING INSPECTOR/PLANS EXAMINER FOR AN AMOUNT NOT TO EXCEED $10,000. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating Novenber 16,2002,"Women's Expo Day"and presented it to Pinal County Supervisor Sandie Smith. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 3 OF 28 Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the status of the capital facilities plan litigation,his concern about construction zones causing confusion with signs on elections days,and items being placed on the consent agenda spending thousands of dollars without giving the public an opportunity to speak on those items. CITY MANAGER'S REPORT Interim City Manager George Hoffman announced that Assistant Planner Jull McDaid will be leaving the city's employ on November 13.He commented on a number of projects she had worked on that would leave a lasting effect on the community and the numerous committees she participated on.He encouraged everyone to drive on Superstition Boulevard from Idaho to Ironwood and then south to Apache Trail to see the street improvements made by public works. The dispatch console has been completed enough for staff to move back in to the original area.The downtown work plan is being aggressively pursued,with the Phelps Drive improvements being approved tonight and street light design for the downtown area to be discussed at the next meeting.George Martin started working for the city this week as the park ranger supervisor and will assist in retaining additional park ranger staff and work with the parks attendants to enhance the security of the area parks.He has also requested that the skate park now close at 10:00 p.m.instead of 10:30 p.m.to make the time more consistent with curfew.He thanked the parks and recreation staff for another successful Halloween event at Prospector Park. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1168:PZ-4-02, CITY -INITIATED REZONING REQUEST FOR 13 PARCELS ON THE NORTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN AND DELAWARE DRIVES AND 19 PARCELS ON THE SOUTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN DRIVE AND THE WARNER DRIVE ALIGNMENT )Assistant Planner Juli McDaid briefed the council on the item.The properties are located along West Apache Trail between Meridian and Delaware on the north and along West 4th Avenue to Apache Trail between Meridian and the Warner alignment on the south.The zoning varies,with the majority being CB -2,a general business zone.The REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 4 OF 28 south side has some CI -1,light industrial.The general plan calls for employment/retail along Apache Trail.Most of the development on Apache Trail is retail with the exception of a church and a residence.The area north of 4th Avenue is designated as medium density according to the general plan,but the developed properties consist of a mixture of light industrial uses and an older mobile home park.The ordinance was drafted based on planning and zoning commission recommendations.The stipulations address the architectural style of new construction,color palettes,lighting,signage,building height, compliance with codes,provision for cross access agreements between developments,standard language guaranteeing required improvements and fees and how they are made and collected,uses proposed for the area if it is rezoned to C3 -PD and recommended for strip center developments only,uses proposed for stand alone developments,amendment process to request a use not included,and landscaping issues,The ordinance does not include the area north of 4th Avenue because this document has to reflect the exact commission recommendation.They excluded that area based on opposition expressed at the public hearing.Language contained in condition 12 would add those parcels back in should council wish to do so.The commission recommended approval of the resulting area in order to establish a palette of retail,professional, office and other uses along the Apache Trail corridor for development and redevelopment;to create a sense of community within the neighborhood as a place to live,work and play;to increase and improve the range,variety and quality of economic goods and services that are being made available to both residents and visitors;to insure that the property owners are provided with a hospitable and secure environment,maximizing opportunities for investment; and to create a unique character and provide for continuity in the area. Eleven protest petitions have been submitted to the city and she designated those on the map.The validation process showed that 10 of the 11 petitions were verified but the total necessary acreage based on the amount required was not achieved.A three-quarter vote of council will not be required.This was audited by the development services director and the final determination was corroborated by the city attorney. Councilmember Eck commented they did not have a copy of the map in their packet. Assistant Planner Juli McDald stated there should be a similar one in their packets. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 5 OF 28 Mayor Coleman commented they did not get the staff report. Vice Mayor Surra commented they did not get that. Assistant Planner Juli McDaid recalled that they got them the previous time.She realized i t had not been put back in their books.She had left specific instructions that i t be included. There was general discussion on whether the council should take a break or go on to the next item to allow her time to gather the information needed to complete this item.The council consensus was move on to the next item and return to this item upon the next item's completion. PROPOSED RESOLUTION NO.02-21,APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR THE COMMUNITY TELECOMMUNICATIONS ASSESSMENT PROGRAM. )Management Assistant Shari Watson briefed the council on the item.This assessment would assist entities in providing infrastructure necessary for community and economic development.I f the application is approved,an assessment of telecommunications needs will be conducted focusing on community and economic development.Three things could result from the assessment:the assessment would determine the current status of the telecom infrastructure in specific areas;it would assess telecom needs for the future;and it would identify the most practical technology to meet those needs.Examples of current issues facing communities are internet connectivity for broadband service,phone issues or dead zones for cell phones,and long distance telephone calls between government entities.She showed on a map the Internet connectivity need for the city.She commented other counties and municipalities have approved the resolution to be a partner in the application,including Pinal County,Gila County,City of Globe,Town of Florence,Town of Winkelman,Town of Hayden,Town of Miami,Town of Kearney,and the Town of Payson.The Central Arizona Association of Governments has also approved the resolution,along with numerous chambers of commerce from unincorporated areas and the Gila River Indian Community. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 6 OF 28 Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, addressed the council.He asked for an example of an entity.He asked i f i t was WorldComm,Quest or any one under federal investigation by the Federal Communications Commission.He asked why the city is applying for a telecommunications assessment in that area without knowing who might be involved in this. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Vice Mayor Surra complimented Management Assistant Shari Watson on her presentation and commented she believes the city would like to have areas of need identified regarding special telecommunication gaps.She added the Commerce Department would be paying for i t and she thanked Pinal County for incorporating all of the smaller "entities"like the City of Apache Junction and the City of Globe, both government entities,and i t has nothing to do with businesses.She would like to see the city be a part of the resolution. Councilmember Eck commented he is for i t i f i t helps his cell phone work better. Mayor Coleman closed the item with no more discussion and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.02-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AUTHORIZING AN APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR THE COMMUNITY TELECOMMUNICATIONS ASSESSMENT PROGRAM BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 7 OF 28 The motion carried. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1168,PZ-4-02, CITY -INITIATED REZONING REQUEST FOR 13 PARCELS ON THE NORTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN AND DELAWARE DRIVES AND 19 PARCELS ON THE SOUTH SIDE OF WEST APACHE TRAIL BETWEEN MERIDIAN DRIVE AND THE WARNER DRIVE ALIGNMENT )This item is being continued from earlier in the evening. Assistant Planner Juli McDaid stated her earlier briefing has covered the staff report and she was ready to answer any questions. Councilmember Dietz asked how many properties the commission recommended excluding. Assistant Planner Juli McDaid stated there are 13 parcels.She designated them on the map. Councilmember Dietz asked how many of them are developed. Assistant Planner Juli McDaid designated the status of each property on the map. Councilmember Dietz asked what is south of 4th Avenue. Assistant Planner Juli McDaid stated i t is all single family residential. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 8 OF 28 Councilmember Dietz asked if a topless bar or strip club could be put in there under the current zoning. Assistant Planner Juli McDaid stated the current zoning allows them.They would have to apply. Mayor Coleman asked her to outline planned development and that it would restrict certain uses.I t appears the biggest concern on the protest petitions is land devaluation.He asked what uses would be allowed now that would not be allowed if approved. Assistant Planner Juli McDaid stated slaughter houses,poultry killing places,and more intensive industrial activities than what staff was directed to put together on a list of allowed uses for this case would not be allowed.The planned development overlay would allow some industrial uses that would be able to exist with appropriate screening.That is recommended because they are aware there are existing industrial businesses and they want to decrease the level of non -conformity being created by the proposed rezoning.Non -conforming status would be granted to these businesses as long as they do not expand their building more than 25%,they do not change or expand the use,and when they go to develop the vacant properties they will be subject to the planned development.The non -conformity runs with the use of the property,not the ownership. Councilmember Milkey asked what would happen to the property with the building permit. Assistant Planner Juli McDaid stated that is in process and there have been some improvements done. Mayor Coleman commented i t is for an RV storage.He asked if that use is permitted or would i t immediately become a non -conforming use. Assistant Planner Juli McDaid stated it would immediately become non -conforming as far as the use.He will be required to meet the landscaping standards,but the use would be grandfathered. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 9 OF 28 City Attorney Joel Stern commented he had talked to the owner,Mr.Stan Jenkins,at the commission public hearing and explained he would be considered vested as he has put substantial amounts of money into the property.He has also done off -site improvements along Meridian Drive required by the city.If council approves this rezoning tonight,he would be able to continue that use unhindered.If it were sold, the person buying it would be able to conduct the same activity Mr.Jenkins did.However,if the use does not continue for year,if there is a twelve month break,because there are no structures in there,there would be no abandonment issue.If there is a building and it burns down and i t is in disrepair by more than 50%,then there could be an abandonment issue.He would have the same rights that he has now.Whatever they are doing now they could continue until they stop using i t for 12 months or they otherwise abandon it. Councilmember Dietz asked if the business would continue if they sold it. City Attorney Joel Stern stated i t would.The use runs with the land as long as the same use continues for that parcel of land. Mayor Coleman asked if they can rebuild and continue the use if the property is already developed and i t burns down. City Attorney Joel Stern stated i f i t is damaged more than 50%,i t could be presumed abandoned and the building official or zoning administrator would have to determine that. Councilmember Durbala asked if these people would not have to do any landscaping or set backs unless they put in a new building or structure,increased their property size by 25%,created a parking lot or they went to a different use.They would stay the same as long as they are there. Assistant Planner Jull McDald stated if they remain in the as is,where as condition,they do not have to do any changes to their building or landscaping. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 10 OF 28 Councilmember Durbala commented this will not affect most of these businesses.Their businesses are protected unless they change the business or abandon i t for a year or more.Their children would be able to come in and take over the business and not have to worry about how long they stayed there. Assistant Planner Juli McDaid stated they can sell i t numerous times as long as the use remains the same.If they change or expand,i t affects them.Newly developed property would have to adhere to the conditions. Councilmember Durbala asked if they would have to expand at least 25%. Assistant Planner Jull McDaid stated it must be at least 25%structurally and the change of use only requires compliance at 50%. Vice Mayor Surra asked if they could mention those parcels particularly in the ordinance so that they would have something in writing stating those properties already occupied or in the process of being occupied will not fall under the new requirements as long as that use does not change. Assistant Planner Jull McDaid stated they have a process where people can apply for legal non -conforming status. Staff may be able to look into a shortened version because of the number of letters to give them the formal assurance they are seeking for their use. Vice Mayor Surra commented she would like to support this ordinance without excluding these properties,but she would not do that without the owners having very hard copy assurances and their being comfortable with them. Interim Development Services Director Rudy Esquivias stated they could add a stipulation that would basically read along the lines of "developed properties with established businesses shall be allowed to continue until such time as they are discontinued for a year,a change in use occurs,or they otherwise become REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 11 OF 28 destroyed non -conformities".They could also specify which parcels are involved. Vice Mayor Surra commented she wanted the public to know that they have that possibility and they may be able to hear from the owners how they feel about that. Mayor Coleman asked what else would be non -conforming. Assistant Planner Juli McDald stated staff was directed to create a palette of uses that specified professional uses,office uses,retail uses in the hope of getting sales tax generating businesses to come in and businesses offering employment.They wanted to maximize the areas for investors who wanted to come in and build businesses to make it more appropriate for a downtown where people could gather,bring in visitors and be an area for residents to come to. Vice Mayor Surra commented i t is also to protect the build up of residences that has occurred since the original building were erected.The safety of the residents is primary to her and she wants to make sure the uses are compatible. Interim Development Services Director Rudy Esquivias commented stipulation 12 on page 6 of the original staff report designates the permitted uses.There is the possibility for open storage yards as long as they have extra screening and landscaping.Other possible uses are plant nurseries,used car dealerships,service and repair within a building,sign shop,ceramic studios,veterinary hospitals,and apartments and condominiums.Things specifically left out are auto -wrecking, open air contractor yards,adult uses,and things that would not be compatible with the nearby neighborhood and the type of retail corridor they are trying to create. Mayor Coleman asked if there was a mechanism in place for them to come and apply for a variance of use. Interim Development Services Director Rudy Esquivias stated they can come before the council.I t is a planned development and they can be amended through the commission and council REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 12 OF 28 process.Higher intensity uses may be allowed if they plug in extra buffering,extra screening or noise mitigation measures. Vice Mayor Surra commented i t does not address giving assurance to the existing property owners. Interim Development Services Director Rudy Esquivias stated they would have to come up with that language. Councilmember Eck asked if the commission recommendation was to cut the south parcel in half. Assistant Planner Juli McDaid stated their recommendation was to delete those parcels south of the Safeway/K Mart line. Councilmember Eck asked how many of those property owners filed a protest. Assistant Planner Juli McDaid stated 11 of 13 filed protests. Councilmember Eck commented his original concept was that this was for properties adjacent to Apache Trail. He asked if the other properties were in there because they are part of the redevelopment district. Assistant Planner Juli McDaid stated the redevelopment district encompasses a much larger area. Councilmember Eck asked why it was added. Assistant Planner Juli McDaid stated it was added because it was straight CI -1 zoning and the general plan shows i t as medium density residential. Councilmember Eck commented he is more concerned with the Trail itself.If the city does not have the buy in REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 13 OF 28 from those property owners,than he believes they should follow the commission's recommendation. Councilmember Urich commented she is horrified at some of the uses if this rezoning fails there.However,she is pleased to see so many property owners here tonight so that they can hear first hand and can share each other's concerns. Councilmember Eck asked how much CI- 1 and CI -2 zoning is out there. Assistant Planner Juli McDaid stated there is not a lot of CI -1.There are certain areas designated in Baseline Industrial Park.There is some along the northern side,but i t is sporadically mixed in. Councilmember Eck commented there are other properties in the city that could have those things and up until now he has not seen that happening in this area. Assistant Planner Juli McDaid stated she believed this area of the city is the largest block of CI -1 that we have. Interim Development Services Director Rudy Esquivias stated there are some large vacant pieces off of the freeway and Idaho.There is a 40 -acre CI -2 and a 40 -acre CI -1. Councilmember Eck commented for the benefit of the public that staff is only doing what they have been directed by council to do.He apologized for not clarifying what he really meant. Assistant Planner Juli McDaid stated they sometimes bring things to light when they are researching something that council was not aware of. Councilmember Eck commented he honestly thought they were concentrating on the downtown Apache Trail area. Vice Mayor Surra commented staff looked at the areas she thought they should be looking at in the first phase. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 14 OF 28 They need to reevaluate all of the zoning throughout all of our areas to make sure that they protect residential properties and maintain a good commercial development base to balance the residential growth. Councilmember Durbala commented they are trying to buffer the residential area along 4th Avenue.They are trying to get the industrial down in one area where they have i t zoned on Baseline. It would be more convenient and more compatible than having housing around it. He likes the idea,and they will have to do i t by pieces. Assistant Planner Jull McDaid stated they were trying to be cognizant of the fact of existing properties being affected but when the quality of standards are increased,the line has to be drawn somewhere. Councilmember Durbala commented that is what the council is up there to decide. Assistant Planner Jull McDald stated if they want to achieve the goals in the general plan,they have to work towards that. Mayor Coleman opened the public hearing on the item. Mr.Greg Grebba,6280 E.Round Up, Apache Junction,addressed the council.He is concerned that the value of his property will decrease if and when he decides to sell it.It will put a burden on the new owner to conform to all the regulations.Those businesses have been run for years and he would hate to see any changes.He does not believe they are involved with anything happening on the Trail.They have invested a lot of money in their properties.He does not think i t is fair for a new buyer to be burdened with additional costs associated with changing the use.He feels their freedom is being encroached upon. Mr.Howard Meade,8302 E.Willetta, Mesa,addressed the council.He owns several pieces of property on 4th Avenue.He bought the property as an investment.He does not believe there is a piece of property large enough in there to accommodate a slaughter house or salvage business.He would like for it to stay as is.He foresees a big REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 15 OF 28 disadvantage if he leases the property and the people do not want to run the same business.He has made a lot of improvements on his property.He feels his property would be devalued by this zoning change and requests that i t remain the current zoning. Mr.Tom Liversedge,3050 W.4th Avenue,Apache Junction,addressed the council.He appreciated the vice mayor suggesting letters of assurance for non -conforming uses if this passes.I t would help some people and make them feel a little better about what is happening.He has been there for 27 years with a sheet metal shop;they do make a lot of noise.I t is a residential area and he does not know what will come of that in the future. Mr.Stan Jenkins,5232 E.Dolphin, Mesa,addressed the council.He is the owner who is not recognized on the petition because his ex -partner is an ex -partner with a legal document that was not recorded so i t is not acceptable.The man was never recorded as a partner and he opposes the fact that he is not being recognized.I t bothers him that the fact throws it out of being a super majority vote.He commented topless bars and strip clubs were never discussed at the commission meeting. None of them were aware of that use.They were aware of airports and fueling dump stations.That was the fear voiced at the commission meeting,and logic states those uses would be there.Poultry killing would be allowed by the law,so i t is not an issue.He is concerned that the rezoning would disallow a lot of uses currently allowed in there.Eight of the thirteen properties are in non -conforming use if this is voted in.He would prefer they stipulate certain uses out of the zoning,such as the topless bars,strip clubs and poultry killing uses.He is currently allowed to have a caretaker or guard live on his property;the new zoning would not allow that.They are allowing townhomes,apartments and condominiums which are not allowed in other industrial zones.The zoning was there before the general plan change and he is not sure if it can be eliminated without allowances being made.He commented there were five of them standing in opposition to this at the commission meeting and they represented 11 of the properties.The two properties not protesting are owned by a gentleman who did not turn his in for some reason and the State of Arizona which will not oppose it.The majority do not want this zoning change.He has been told he is probably vested. Currently his property is approved for three contractor's yards and that would not be the case if this is approved this evening.That is the second phase of the RV storage.He fears the city government;it took him 2 years to put up REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 16 OF 28 four walls under a zoning that allowed the walls.He is concerned about condemnation under redevelopment that is allowed and i t is not the same criteria for condemnation for legitimate public use.The city can just make a decision.He requested the properties south of Safeway be left as they are, though he would be willing to let them stipulate some uses out of this particular zoning.He believes the property owners would help if they knew what was happening.This has been in progress for 2 years;they did not hear about anything until August 2002.They have not been approached as to what is happening here.He questioned why they have done this without being talked to about i t and asked if they still have any property rights. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He has never seen this many parcels with private owners have a city -initiated rezoning imposed on them since he has been coming to the council meetings.Many of the councilmembers are conservative and have stated they would protect property rights and business. Industrial zoning is in short supply.It took 2-3 years for one gentleman to get his business approved in the industrial zone south of Baseline.He is not sure they have a strong commitment to industrial south of Baseline.He remembers a gentleman that had a legitimate property that was forced out of it under strange circumstances.He commented the city can stipulate things,but he has learned in the courts that there is a stretch towards governments when it comes to interpretation of the laws and the way they are written.He believes these people have valid concerns over what they could be subjected to or what code compliance could decide was wrong with their properties. Ms.Irene Tabakov,2526 S.Molera Circle,Mesa,addressed the council.They have the mobile home park.These businesses have been here for years with no problems.She believes the reason for this rezoning is to beautify Apache Trail and make it more up to date and attract more people to the area.They have no frontage on 4th Avenue.I t is a street that ends and turns;there is not much traffic.Across the street is residential.It would be more of a disturbance to put in industrial, apartment complexes or businesses than just leaving the properties currently there alone.If the properties were bought later on and they wanted them zoned to something else,they would have to go before the council.It would be easier to leave the properties with their current zoning.The zoning change could create a problem for a future property owner.She does not believe the residents of their mobile home park would like to be disturbed or REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 17 OF 28 moved out because they were increasing the size of the recreation hall or adding amenities. Mayor Coleman closed the public hearing on the item and opened it to council discussion. Councilmember Eck commented he agrees with the commission decision.His intent was for Apache Trail,and the only reason they do not have enough of a majority percentage on the protest is because Wal-Mart and K Mart have the mass of the property.Eleven of the 13 property owners in that area are not for this rezoning.He would like to see them left out of the rezoning. Councilmember Milkey asked if they could reopen the public hearing. Mayor Coleman reopened the public hearing. Councilmember Milkey asked Cliff Axe,a local realtor,how this would affect the marketability of these parcels. Mr.Cliff Axt stated the high end of anything that they do is the commercial zoning of properties.Nothing is as high end per square foot as commercial.Industrial is down the ladder a little bit.I f i t is an industrial site with the opportunity to go commercial,they are in a good position.He commented those people who have owned their properties for 25 years and built their businesses could turn around and sell to someone who wants to put a commercial retail establishment on that location and the original property owner would make 3 times the money when i t is commercially zoned. Vice Mayor Surra commented she thought they were saying that if they continued the use,nothing happens to them.If,after a year,you have had no use on the property,i t now goes to the commercial zone.She asked if he thought that was unfair. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 18 OF 28 Mr.Cliff Axt said no.He agrees with what she stated.They will be in a better position when that time arrives. Councilmember Durbala asked i f someone had industrial property and they were going to sell that,knowing i t would become commercial property as soon as it was sold,would the owner still get the higher dollar for the property knowing i t is going commercial grade. Mr.Cliff Axt stated that is correct. Councilmember Durbala commented the concern that their property values will fall is unrealistic. Mr.Cliff Axt agreed. Mayor Coleman commented the value of commercial property is judged by the traffic flow.He asked if 4th Avenue would be something of value. Mr.Cliff Axt stated it would not. If it was on the Trail,Meridian or some place where the traffic count is what commercial users are looking for,then you would get the higher dollar.He does not think 4th Avenue will be high dollar. location is everything. Councilmember Eck commented they say Mr.Cliff Axt agreed. Vice Mayor Surra asked if he thought those properties facing 4th Avenue would benefit from the rezoning. Mr.Cliff Axt stated they would not. He agrees with Councilmember Eck that those parcels should be eliminated from the rezoning and let them use their current uses.He could not see that area ever being a commercial area. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 19 OF 28 Vice Mayor Surra asked how they could rewrite the rezoning so that even if those properties are excluded,they could exclude the undesirable uses from those excluded properties. Interim Development Services Director Rudy Esquivias stated they could not.They could establish a planned development overlay on those parcels to prohibit certain uses or they could revisit the CI -1 ordinance and take out the uses they do not like,making a text amendment to the zoning ordinance. Mr.Stan Jenkins commented i t is not just the zoning classification but the dimensions of the property that affect the value.Long,narrow properties are not worth as much as those that have more frontage.This would not increase his income. Mr.Elliott Fisher stated no one knows where commerce is going.Money has been lost in downtown redevelopments and projects.He commented e -commerce may change the whole picture. Mr.Howard Meade commented if this is passed and someone comes and wants to relet his property,they have no options other than what is already there.That takes a lot away from him.He does not believe the properties are suitable for the uses they do not want in there.He also would not want to see those uses in there.He still has to pay taxes on his property and it would be to his disadvantage to pay those taxes and not be able to use his property.The taxes are not cheap. Vice Mayor Surra commented he is paying taxes to the county,fire district,school district and college district.There is no property tax by the city. Mr.John Insalaco,1570 S.Buena Vista,Apache Junction,addressed the council.Most of the businesses they are afraid of want to be on Apache Trail.They want to be seen,and they would not be seen on 4th Avenue.They do not want to have to spend money advertising. Mayor Coleman closed the public hearing on the item.He called for any further discussion by the council. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 20 OF 28 Councilmember Eck commented they had about a dozen public hearings on the new general plan.When enough people showed concern in an area,it was revised.People had an opportunity to let us know and council followed through.There is only one public hearing for this.For those areas that were revised on the general plan,they had maybe 10%of the people involved attend.We now have the opposite of that.He believes it would be easiest to follow the commission's recommendation on these properties. Councilmember Durbala commented there have been three public hearings on this:one here and two with the commission. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT ORDINANCE NO.1168 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Milkey SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Eck MOVED THAT ORDINANCE NO.1168,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Milkey SECONDED THE MOTION. VOTE:3-4 (Vice Mayor Surra and Councilmembers Urich,Durbala and Dietz voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 21 OF 28 Vice Mayor Surra explained her vote as being no because the other uses are still in there.If the other parcels are excluded,then they need to add the other stipulation to exclude the other uses. The motion failed. Mayor Coleman called for any other motions. Vice Mayor Surra commented it would take some time to come up with a new motion to exclude those uses for those parcels.If they do i t for CI -1,then i t is for all of them.They need to be included for the industrial park.They need a stipulation that works within this section. Interim Development Services Director Rudy Esquivias stated he believes they would like to add stipulation 12 in the staff report to rezone the area CI-1/PD which already has the limited uses and use the language written by the city attorney to preserve the non -conforming properties. Vice Mayor Surra commented she is concerned that those non -conforming properties would not have the new zoning ever.I t is the C-1 that gives the uses they do not want,so they have to change C-1.She wants to change all of those without affecting the current uses.They need to be added in.They could do C-1/PD with the current uses added in. Councilmember Durbala commented he thought she was talking about making those legally non -conforming. Vice Mayor Surra commented there is a bigger issue.They are not concerned about being non -conforming now,but that they would lose the non -conforming for the other uses that are available now if they sell the property. Interim Development Services Director Rudy Esquivias stated he believes she is saying to use stipulation 12 and add all of the existing uses that are there now as allowed uses. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 22 OF 28 Vice Mayor Surra agreed.They would then be able to drop out all the other uses that they are concerned about. They could then resell for the same use. Interim Development Services Director Rudy Esquivias stated they would add mobile home park,RV storage yard,contractor storage yards,sheet metal shop,and whatever the other uses are. could then be used on the Trail. uses are out now. this is getting confusing. Councilmember Dietz stated they Vice Mayor Surra commented those City Attorney Joel Stern commented Vice Mayor Surra suggested they not vote on this tonight and come back another night after this has been redone. The public hearing should be continued to a date specific. City Attorney Joel Stern stated that would be better than doing a floor amendment now.He stated if they wanted to take them out of it,they should have voted yes on Mr.Eck's motion. Vice Mayor Surra commented that would have left those uses in that they wanted eliminated. City Attorney Joel Stern stated they wanted to exclude some of the uses under CI,but not all of them.He recommended they set another hearing date certain. Vice Mayor Surra MOVED THAT WE CONTINUE THIS PUBLIC HEARING TO THE NOVEMBER 19TH REGULAR MEETING AGENDA. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 23 OF 28 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 AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS,ARTICLE 8-8 SPECIAL EVENTS LICENSING REQUIREMENTS )City Clerk Kathleen Connelly briefed the council on the item.City staff,members of the business community and members of non-profit organizations agreed the current process is not working.Staff is recommending some changes based on the processes used by other cities.It will make it a lot easier for everyone involved. Three categories are proposed:the events approved by council during the budgetary process;a community event category;and private events.Staff is having difficulty in enforcing the current ordinance.Rayna Palmer,Gary Mulholland and Judd Williams were sent the information given to the council regarding these changes and asked to respond on behalf of their events if they had any problems with the proposed changes.There has been no response.She requested direction as to whether the council would like her to draft an ordinance to be brought back to them at the first meeting in December.These processes under the special events category would only apply to those events that have vendors set up in booths.They are also proposing to leave the massage therapy regulations intact. Mayor Coleman commented they sometimes have massage therapy tables set up at the end of a marathon where a massage therapy school and its students practice. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 24 OF 28 City Clerk Kathleen Connelly stated i t is permissible provided the school is willing to take the responsibility for their students.The school last year did not want to do that.They worked with a local chiropractor instead who was willing to take that responsibility. Vice Mayor Surra commented they did not charge for the massages. City Clerk Kathleen Connelly stated they did it to accumulate additional hours but there is still a responsibility to the public that these are students in training and they are supervised. Mayor Coleman closed the item with no further discussion and called for a motion. Councilmember Milkey MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS,ARTICLE 8-8 SPECIAL EVENTS LICENSING REQUIREMENTS:THAT CITY STAFF DEVELOP APPROPRIATE LANGUAGE TO BRING A RESOLUTION TO THE COUNCIL MODIFYING SPECIAL EVENTS LICENSING REQUIREMENTS TO THE BENEFIT OF EVENTS, VENDORS,AND CITY STAFF. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 18,2002,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY,AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,NOVEMBER 19,2002, IN THE CITY CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 25 OF 28 MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Councilmember Durbala SECONDED THE )Mayor Coleman adjourned the meeting at 9:10 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of October 15,2002. 3.Recognition of Outstanding Service to the Community by City Employees: Elizabeth Knox:Holly Nine::Kathy Connelly,Jan Mason;and Brenda Cherryholmes. 4.Consideration of appointments of qualified applicant(s)to the Library Board. 5.Consideration of appointment of Kathleen Waldron to fill current vacancy on Superstition Mountain Community Facilities District Board of Directors for term expiring July 7,2008. 6.Approval of agreement between the City of Apache Junction Police Department and the Arizona Automobile Theft Authority for a 2002/2003 Public Awareness grant in the amount of $2,885 for steering wheel locks for our community. 7.Approval of Professional Services Agreement with Kirkham Michael in the amount of $98,491 plus 10%,or $9,849.10,for contingency for a total amount not to exceed $108,340.10 to master plan area and develop REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 26 OF 28 construction plans for Phelps Drive from Apache Trail south to the entrance to The Crossings and authorization for Mayor to sign agreement. 8.Approval of Award of Bid for Public Works Project PW 2002-21,installation of guard rail and other related materials at three locations in Apache Junction to 5-G in the amount of $56,622.50 plus 10%,or $5,662.25,for contingency for a total amount not to exceed $62,284.75. 9.Approval of Award of Bid for Public Works Project PW 2002-14,Construction of traffic signals at Ironwood Drive & Superstition Boulevard;Superstition Boulevard &Idaho Road;and Ironwood Drive and Baseline Avenue to AJP Electric Inc.in the amount of $285,080 plus 10%,or $28.508,for contingency for a total amount not to exceed $313,588. 10.Approval of Award of Bid for Public Works Project PW 2002-19,Construction of concrete,related improvements and aggregate base course additive alternative on Baseline Avenue at Ironwood Drive and Winchester Road to Pipkin Construction in the amount of $83,983.46 plus the additive alternative bid #1 of $42,467.11 for $126,450.57 plus 106',or $12,645.06, for contingency for a total amount not to exceed $139,095.63. 11.Consideration of request to extend Professional Services Agreement with PDS Technical Services for "Temporary Building Inspector/Plans Examiner"for an amount not to exceed $10.000. ACCEPTED THIS 19TH DAY OF NOVEMBER ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF NOVEMBER ,2002. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 27 OF 28 DOUGLAS Mayor LEMAN ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 5th day of November,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of November,2002. KATHLEEN CONNELLY 47 City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,2002 PAGE 28 OF 28