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HomeMy WebLinkAbout2002-04-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 16,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 16,2002,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. Boy Scout Troop #39 posted the colors. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop #39 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 Parks & Recreation Director Jeff Bell Library Director Pam Loui Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 1 OF 47 Others Present: Development Services Director Dean Svoboda Assistant to the City Manager Bryant Powell Multi -Media Producer Matt McNulty Assistant Planner Juli McDaid ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT APPROVAL BE GIVEN FOR THE "FOOD FOR FINES"PROGRAM TO BE RUN MAY 1-31,2002,AT THE APACHE JUNCTION PUBLIC LIBRARY WITH THE FOOD COLLECTED BEING CONTRIBUTED TO THE APACHE JUNCTION REACH OUT FOOD BANK:AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND KIRKHAM MICHAEL CONSULTING ENGINEERS IN THE AMOUNT OF $56,141.00 FOR DESIGN SERVICES AT BASELINE AVENUE AND IRONWOOD DRIVE ALONG WITH STREET IMPROVEMENTS FOR BASELINE AVENUE BETWEEN WEEKES WASH AND WINCHESTER ROAD,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL OF THE FINAL AGREEMENT BY THE CITY ATTORNEY;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2002-05,CONSTRUCTION OF CONCRETE WORK AND RELATED IMPROVEMENTS ON ROYAL PALM ROAD,BE AWARDED TO COMBS CONSTRUCTION FOR A BASE BID OF $241,546.50 FOR CURB,GUTTER AND SIDEWALK,AND FOR AN ADDITIVE ALTERNATE NO.1 BID FOR $109,695.25 FOR PAVING PLUS 10%IN THE AMOUNT OF $35,124.18 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $386,365.93:AND THAT THE ACQUISITION OF 20.03 ACRES OF LAND NORTHWEST OF APACHE TRAIL AND SUPERSTITION BOULEVARD THROUGH THE STATE LAND PUBLIC AUCTION PROCESS BE RATIFIED,AND THAT AUTHORIZATION AND DIRECTION BE GIVEN TO CITY STAFF TO DO ALL ACTS,SIGN ALL DOCUMENTS AND PAY ALL FEES AND COSTS FOR THE APPROPRIATE FUND NECESSARY FOR THE ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED $950.000; AND THAT RESOLUTION NO.02-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE ACQUISITION OF A FRONTAGE PORTION OF CERTAIN PROPERTY LOCATED AT 543 NORTH IRONWOOD DRIVE,APACHE JUNCTION,ARIZONA,BY EXERCISE OF THE POWER OF EMINENT DOMAIN AS NECESSARY AND REQUIRED FOR COMPLETION OF THE IRONWOOD DRIVE ROAD IMPROVEMENT PROJECT;AND DECLARING AN EMERGENCY,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 2 OF 47 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Gary Mulholland,710 S.Muleshoe Road,Apache Junction,addressed the council to give an update on the Stampede and Lost Dutchman Days events and the contributions given to the community from the proceeds of the events.He gave a check to Parks & Recreation Director Jeff Bell in the amount of $3,000 for the Parks & Recreation Scholarship Program.He thanked the council and staff for their assistance at Lost Dutchman Days.He requested council to direct staff to visit the issue of alternative parking in the area for Lost Dutchman Days as they have run out of parking for two consecutive years. Mr.Ray Blevins,730 W.Southern Avenue,Apache Junction,addressed the council regarding the flooding problem in his neighborhood.He is concerned as they have been told they would learn about the storm draining plan in February,March and April 15,but nothing has occurred.The water is continuing to flow on his and his neighbors'properties.He cannot put a wall up for fear of being sued if it causing another problem,and he cannot sell his property due to the flooding.He claimed the city is at fault for some of the flooding.He urged the council to have the problem fixed instead of continuing to talk about it. Ms.Nancy Dobson,993 W.15th Avenue,Apache Junction,addressed the council regarding the severance package of Curtis Shook.She requested an apology and explanation from the council,with the exception of Councilmembers Eck and Dietz,on why their taxpayer money was spent on this when the contract did not call for it.She did not agree with the statement of the vice mayor that Mr. Shook enhanced the lives of the people of Apache Junction,but that the people of Apache Junction enhanced his life with a six figure salary and all the perks that went along with i t for controlling a population that has just now REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 3 OF 47 reached a little over 31,000.She voted for all of them to represent her,and for them to spend her tax dollar wisely,and she feels like she has been stabbed in the back.She suggested his payment come from the forfeiture of their paychecks. Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding the secrecy around the resignation of Curtis Shook,his concern of possible open meeting law violations,his recall petition,and the possible liability of the city if Curtis Shook was given a good reference in the future. Mayor Coleman commented on Mr.Shook's separation agreement with the city.He stated legal counsel had recommended severance.be awarded based on applicable provisions of Mr.Shook's employment agreement,the city code and state law. The details of how and why the council came to this agreement cannot be disclosed under current state open meeting law.They would jeopardize more of the taxpayer dollars if they did that.AcCording tcrihe city attorney,the monetary settlement was essential to .prOtect the interests of the taypayers against any and all possible claims and lawsuits and the expense of those lawsuits which could have been commenced by Mr.Shook... The city reduced its exposure significantly by entering into this agreement.*There have been other resignations involving separation agreements since he has been on the council, with the same legal advice given and similar considerations.He commented the third executive session had been held to discuss confidence issues regarding the city manager. , Councilmember Milkey directed staff to find additional land to accommodate parking for future Lost Dutchman Days events and to expedite the report regarding the status of the storm drainage master plan. Vice Mayor Surra clarified her comment regarding the separation agreement, stating she actually said that under the guidance and leadership of Mr.Shook city departments and staff were able to provide the enhancements to our residents;no one individual does that.It has been our city staff and their ingenuity and hard work,but it was his guidance and leadership that allowed them to come forward with those things.She thought he should be recognized for that. Mayor Coleman requested City Attorney Joel Stern to address the issue of the letter of reference. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 4 OF 47 City Attorney Joel Stern stated the severance agreement is public record.I t states the mayor will sign a letter upon request for the city manager up to one year from the date of his effective resignation.It would essentially say he had worked here,was not terminated,and that he was here for six years. Vice Mayor Surra commented any letter of reference deals strictly with work performance,not with personal life. City Attorney Joel Stern stated that is correct,so there would not be any liability. CITY MANAGER'S REPORT Interim City Manager George Hoffman stated staff and he are working to retain a project management firm for the multigenerational facility and city hall/court complex.I t has been narrowed to one firm they are negotiating with;once they have a legally appropriate agreement they will come back to council with it.The Wal-Mart grand opening is tomorrow morning with a ribbon -cutting ceremony at 8:30 a.m.There will be awards to community organizations at 8:00 a.m.The current registration count for the Town Hall is 109,the cap is 120.He encouraged people not to wait until the last minute,and advised the closing date is May 3.The Town Hall is scheduled for May 18. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,J.T.W.R.O.S.LIQUOR LICENSE FOR QUICK STOP )City Clerk Kathleen Connelly briefed the council on the item.The business is located at 50 W.Apache Trail.Comments have been received from zoning,the police department and the fire district and the applicant has been requested to attend the meeting to answer any questions. Mayor Coleman requested the applicant address the council. Mrs.Sheral Adams,2223 N.12th Street,Phoenix,addressed the council.She gave a brief history of retail experience.They have had a good experience renovating the store and getting REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 5 OF 47 i t ready to open.They would like to be part of what appears to them to be a very friendly town. Vice Mayor Surra asked if she and her husband would be there 16 hours a day or would they have other employees to give them breaks. the two of them at this time only be open 16 hours a day. Mrs.Sheral Adams stated i t is just ,at least for the first year. Vice Mayor Surra asked if they would Mrs.Sheral Adams stated they would be open from 6:00 a.m.to approximately 10:00 p.m.,six days a week.They are not sure if they will be open all of those hours on Sundays. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,J.T.W.R.O.S.LIQUOR LICENSE FOR QUICK STOP, SUBMITTED BY SHERAL ADAMS,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR .A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE FOR CAPPOTTO'S ITALIAN DELI & GRILL )City Clerk Kathleen Connelly briefed the council on the item.This is for an existing business proposing to create a permanent patio.Comments were received from zoning,the police REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 6 OF 47 department and the fire district,and the applicant was requested to be present tonight for any questions. Ms.Beverly Miller,1074 E. Mesquite,the floor manager,addressed the council.They would like to extend the license in order to have better control over the alcohol consumption on the premises.The lobby is small and people would like to go outside and have a drink while they are waiting.She and the kitchen manager are going through basic liquor license training at this time. Councilmember Urich asked what kind of security they would have in the outside area. Ms.Beverly Miller stated they would be monitoring it.Their training is teaching them what to look for,who to serve and how to keep minors from trying to get the alcoholic beverages. Councilmember Urich asked if someone would be out there all the time. Ms.Beverly Miller stated there would be. 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 PERMANENT EXTENSION OF PREMISES FOR CAPPOTTO'S ITALIAN DELI & GRILL,SUBMITTED BY RANDY CAPPOTTO,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 7 OF 47 PZ-1-02,APPEAL OF LANDSCAPING AND SCREENING REQUIREMENTS,SECTION 6.1.5(D)2 & 4,TRANSITION/SEPARATION OF USES BY BOB MISTER,STADIUM PROPERTIES )Assistant Planner Juli McDaid briefed the council on the item.The applicant is appealing the use of an 8' masonry wall along a common property line,a 6'masonry wall along an interior property line separating individual development sites,and the additional setback required when commercial or industrial uses are adjacent to residential uses.This parcel is located next to the residential KOA Campground and heavy commercial/general commercial Beeman Drilling & Pump Company to the east and west.There has been no development on this property with the exception of some grading over the last couple of years.Previous proposals have not been realized.The current proposal is allowed under the CB -2 zoning.There is a wash through the property.The building is a single story structure.They are proposing an RV storage lot to the rear of the site which will have 8'walls surrounding it entirely.They are appealing the 8' solid masonry wall along the east property line,which would be in the proximity of the campsite.Staff feels i t is important to provide some type of barrier to deter unwanted access to the campsite.They are proposing landscaping but that would still allow surveillance.Staff is proposing an 8' wrought iron fence.The applicant is also appealing the 6'solid masonry wall along the west property line.Staff wishes council to consider what is stored in the adjacent commercial property.The properties contain similar zoning designations,but their uses vary in intensity.Their building will have a 10'solid block wall and will be only 10'from the west property line.In order not to have a 10'"dead space"between the building and the property line,staff is recommending a 6'high wrought iron fence with landscaping to match the landscaping stipulated for the east side.Staff does not feel that the property would be negatively impacted by the reduction in setbacks as the use is less intensive than many other commercial uses.The buildings are being designed to face the inside of the property.If a change in use occurred on the property regarding the physical location of the buildings, screening would become more of a concern.Staff recommends this setback variance be granted but require the language stipulated in condition nine of the staff report.Council had expressed concern at the recent work session regarding the proposed colors,materials and architectural design of the project.Staff has drafted a stipulation for their consideration there. Staff is not recommending approval of this request as proposed.They would REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 8 OF 47 recommend approval if additional enhancements were added similar to those in the previous approval. Councilmember Eck asked what stipulation nine was. Assistant Planner Juli McDaid stated i t is in the staff report. There was general consensus by the council that they had not received stipulation nine in the packet.Their packets only went up to five. Assistant Planner Juli McDaid stated she could read conditions six through nine but she did not have a transparency.She started reading the stlpulatibns.:She'believes she bunched them all together. Councilmember-Durbala requested a ten minute break so that she could bring the council some copies. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting.He commented Juli explained during the break that although the reference numbers we not present,the information is.It was consolidated into the five points already given to the council. Assistant Planner Juli McDaid stated she had consolidated those stipulations into stipulations four and five.The one previously called number nine is contained in stipulation number five. Councilmember Urich asked if there has been any comments from the applicant since the work session where the council expressed some concern. Assistant Planner Juli McDaid stated they came up with a landscaping plan. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 9 OF 47 Councilmember Urich stated she was specifically concerned about the bougainvillea. Assistant Planner Juli McDaid stated that has been deleted and they have specified the type of plant materials that council has approved in the previous appeal.They are showing palo verde trees the will be deleted as they could not be trimmed. Mayor Coleman requested the applicant address the council. Mr.Don Cramer,707 W.Missouri Avenue,Phoenix,representing Stadium Properties,addressed the council.He is the architect for the proposed project.He described the proposed building.They are adding more landscaping than what was on the previous plan.The bougainvillea has been deleted except for a little bit on one side and in the manager's patio area.They will stipulate approval based upon the general conformance with the plan's landscaping,floor plan,and elevations. They put trees in the retention area as shrubs would not be seen over the screening wall.They do not feel i t is necessary to add an another fence next to the KOA Campground or next to Beeman's.There are already 6'fences with oleanders.This is all single story unlike the previous plan proposing three story buildings.It will be climate controlled in the middle and will have alarm systems,a 24 -hour manager and controlled access for security.There will be 8'walls around the RV parking. Vice Mayor Surra asked if there would be a wall between this property and the KOA. Mr.Don Cramer stated they would have a 8'high masonry wall 10 from the 8'wrought iron fence which would be right next to the KOA fence.He added that seems redundant. Vice Mayor Surra stated that did not sound right. Assistant Planner Juli McDaid stated the existing fence for the KOA is chain link.Since there is a large population and a major elevation difference,one of the stipulations is a wrought iron fence. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 10 OF 47 Councilmember Dietz clarified that is would not be an 8'masonry plus an 8'wrought iron fence. Assistant Planner Juli McDaid stated he is looking at the back of the building and calling it a wall. Councilmember Urich stated the back of a building is not a wall. Mr.Don Cramer stated the building is 9'8"high with everything sloping so that no metal roofs are visible.The 8'high wall continues around the retention and goes back into the buildings. Staff is recommending the 8'wall for privacy and security and an additional 8'wrought iron fence on the property.He believes the cities like the RVs screened so that no one can look in and see them. Mayor Coleman asked if they were putting in an 8'masonry wall. Mr.Don Cramer stated they are putting one all the way around. Vice Mayor Surra asked if they were not putting the wall where the buildings are: Mr.Don Cramer stated the buildings putting in an 8'masonry wall. putting one all the way around. serve as the wall. Councilmember Eck asked how far the setback is for the buildings. Mr.Don Cramer stated it is 10'from the property line.The landscaping will be prickly pears,barrel cactus and ocotillos in that area. Councilmember Dietz commented he is suggesting that from the edge of the wall there going north they would like to landscape only on the east and west sides. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 11 OF 47 Mr.Don Cramer stated the perimeter is landscaped.When they get to the retention area,they will add in trees. When they get to the CB -2 zoning,they are putting in the landscaping. Beeman's has a chain link fence with oleanders about 6'high which would obscure anything they put in. Councilmember Durbala stated the south part of the property will be landscaped.He asked where the 8'masonry wall fence would be constructed. Mr.Don Cramer stated there is a 10' setback with landscaping.After the landscaping is an 8'wall which then goes into a building which is 9'8"high. Vice Mayor Surra commented the wall starts where the building ends and goes around the rest of the property and meets up with the building on the other side. Councilmember Durbala asked who would be taking care of all the trash outside the wall. Mr.Don Cramer stated they are putting in landscape access areas to be able to get back there to clean up whatever debris there is. Councilmember Dietz commented that would be the on -site manager's responsibility. Mr.Don Cramer stated that is correct.I t is a full time manager.There is frequently time where the manager would not have customers and could therefore clean the area. Vice Mayor Surra asked if there would be any fencing at all where the buildings would be located,or is he just going to use landscaping there and not any kind of ornamental wrought iron fencing. have a fence there. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 12 OF 47 Mr.Don Cramer stated they already Vice Mayor Surra stated the proposed property does not have a fence.She asked if they are asking to waive the fence along those until they get to the end of the building where they will put landscaping in instead of a fence.The block wall would continue around the back of the property and retention area until it connects up to the next building. Mr.Don Cramer stated that is correct. Vice Mayor Surra stated they would not have a fence on the other side of that building because Beeman's has oleanders and a chain link fence. Mr.Don Cramer stated that is correct. Councilmember Urich asked if the landscaping would be dense enough to act as a barrier. Assistant Planner Juli McDain commented that is why staff is recommending the wrought iron fence, specifically next to the KOA.There is a major difference in the elevation between this property and the KOA.The existing chain link fence is 5'.The elevation difference is about 4'to 5'between the two properties.If there is no ornamental fencing,there is pedestrian unfriendly landscaping on this property.The campsites are right up next to the property.Staff does not like the 10'dead space,but they do not want to create additional liability for the KOA.The landscaping would be at the edge of the campsites. Therefore,staff thought the wrought iron fencing would be appropriate.They stipulated i t as a condition on the Beeman's side. of the property because the chain link fence and oleanders are not on the property line,to keep i t consistent with the aesthetic design and to increase the appearance from Old West Highway. Councilmember Durbala asked if the wrought iron fence would be all the way up to the buildings. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 13 OF 47 Assistant Planner Juli McDaid stated on the Beeman's side it would go all the way to the property line;on the KOA side it would go all the way to the 8'block wall. There was general discussion as to where the location of the wrought iron fence would be in relation to the property line.It was determined to be 10'inside the property line. Mr.Don Cramer stated he originally had the block wall on the property line as it was not a building setback. After the work session,he was told to push the,wall back and put landscaping inside it. Assistant Planner:Juli McDaid stated that was based upon the approval and.stipulation hey thought were appropriate for the last proposal.The applicant does not want to do the wrought iron the full length of the property line. Mayor Coleman stated he would rather see the masonry wall. Councilmember Durbala stated he would rather see a masonry wall on the property line;it makes sense. Vice Mayor Surra stated it does not make sense to the people at the KOA. Councilmember Durbala stated they are looking at this individual's property.He does not believe they have ever taken the stand where they have had to beautify to make sure that the other property has to do the same thing.The KOA should be doing some of their own beautification if they want to make those lots look well.This individual should be doing like they normally make them do;put a block wall all the way down the property line.He should not have to put his block wall 8'to 10' inside the property line and be required to put landscaping in for the campsite to have something beautiful to look at.He does not think it is being fair to this individual.He does not want to set a precedent here. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 14 OF 47 Assistant Planner Juli McDaid stated he would still have to put a tree every 20 if he puts a masonry wall up the entire length of the property line inside the block wall. Councilmember Durbala stated he would not have to be putting in all the other landscaping on the outside. Assistant Planner Juli McDaid stated he would not.If they wanted to put a block wall in with trees every 20'that section of the appeal would not even be here. Councilmember Durbala commented and that would be inside their property and be legal. Assistant Planner Juli McDaid stated that is correct. Councilmember Durbala commented this is being done because the KOA basically stated this will be an inconvenience for them and it will look bad for their campsites up against the wall. Vice Mayor Surra stated she does not believe the KOA said that;she believes the council stated that.The council was concerned because i t is a campground and that is what people go there for. They believe the people would prefer to see plants than masonry walls. Councilmember Dietz affirmed the council had had no communication with KOA the last time this was before council. Councilmember Durbala stated he does not believe i t is fair to make someone else pay to have the KOA property better. Assistant Planner Juli McDaid stated the applicant does not want to do an 8'masonry wall along the property line behind the building as it will be only 10'away.The city does not want to see that as i t creates a dead space.Staff suggested landscaping that would not be pedestrian friendly.To protect the landscaping and the people right REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 15 OF 47 up against the property,staff suggested a wrought iron fence on the property line. Councilmember Urich asked if the KOA had contacted her and if they were here tonight. Assistant Planner Juli McDaid stated they had and they are here tonight. Mr.Don Cramer stated the architectural pattern from the front and carried along throughout goes along the KOA side also,using split block and contrasting colors.I t is not a plain block wall.With the landscaping proposed,he does not believe anyone from the KOA will be damaging their plants. Vice Mayor Surra stated she believed staff was more concerned about the plants damaging the people.She commented she would prefer that he call that area a building instead of a wall as i t is confusing the issue. Mr.Don Cramer commented they are talking about a free-standing fence when they are talking about a wall. Vice Mayor Surra stated that is correct. Mr.Don Cramer ,stated i t is normal to put the buildings, around the perimeter for mini -stor e facilities to provide security for the customer.All the roofs slope to the inside and they handle the drainage with concrete valley gutters.The pattern adjusts as i t goes around. Mayor Coleman opened the public hearing on the item. Mr.Charles Rineholt,1555 S. Cactus,Apache Junction,addressed the council.His property sits within the 300'perimeter of the proposed site.He had given the council photographs taken within the last 48 hours.He urged the city to deny the variance.The design and variance affects the other people around it.The picture of REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 16 OF 47 Beeman's property line shows a fence and overgrowth,but no oleanders.The overgrowth is over a 5'culvert,which collects water from north of the property off the highway and from several retention facilities on the property and then dumps toward his property.He is already getting an erosion problem from the property and resultant construction currently being undertaken.The process started several years ago with promises after promises on the good job that would be done on the property.The culvert was paid for by people who owned the property,but it does not dump onto their property,i t dumps onto city property and his property.Their responsibility ends at their property line.He requested council stipulate' that they be financially responsible for any affect they have on the surrounding properties.He gave examples of what could be done to correct the problem the culvert has created.He added the containment facility they have is not adequate;it dumps onto the KOA.He commented the difference in elevation between the KOA property and the proposed site varies from 4'to 8'.The landscaping issue needs to be addressed and he does not believe that is happening by them just moving their building over to increase their rental space.He commented on palo verde trees and mesquite trees that were on city property and had been bulldozed by someone.He added the water from this property is continuing to erode Weekes Wash and he would like i t stopped.These people should be required to be good neighbors.He would like the applicant and the engineering department to revisit the issue.The project is now geared for profit only. Mr.Mike Mortenson,1540 S. Tomahawk,Apache Junction,addressed the council.He is the owner/operator of the KOA.He was unable to attend previous meetings on this property, due to injuries.He stated this is the first time he has ever seen the plans for what they intend to build over there.He has questions.They made an awful mess when they originally filled in the elevation between his property and theirs.Campers were leaving because they were dumping dirt,garbage and trash until the city shut them down.They got their permit and continued to fill i t up but did not use any dust control.They finally got the dust control,and he believes the city trucks washed the roads from their trucks hauling in the dirt.He originally had a chain link fence setting inside his property line previous to their filling this in.He commented they have 'filled in the original drainage ditch for the water flowing from that property onto his.They have ruined his fence.Now there is currently a wall 4'to 5' high of dirt backed away from the property line.The water hitting that wall will run down the wall,taking the mud with it,and washing it onto his campground.He asked where the pump station,which is supposed to pump this REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 17 OF 47 water from his property,will go if they construct the buildings 10'from the property line and landscape the setback area.The property never flooded his property prior to this.Now the water washes down onto his property and he has to clean the mud and trash up.The place is now an eyesore.He does not believe they took into consideration where the water is going to run.He is requesting a cinder block wall along the property line separating his property from this site before anything else is done,to be set at his grade,for the full length of his property.They have not taken the drainage into consideration,and have not clean up any of the trash.They have completely covered up the drainage ditch and removed all the trees that were there.He passed around pictures that he had taken.He commented he has lost campers because they were literally buried in mud or splattered a rig and a car while doing their "landfill".He had to pay for the cleanup and he was never reimbursed.He has suffered monetary damage and disservice from them. Councilmember Durbala asked if he would like to see a block wall the entire length of the property line. Mr.Mike Mortenson stated they should take a road grader in and regrade the ground back to where it was before they filled it in,give him a 6'cinder block wall the full length of his property and have it be at his grade level.They can then construct a building of any height 10'away from the property line.He would not be cleaning up the mess on the other side of the fence or be getting the dust and dirt off that property into his business. Mr.Charles Rineholt stated there has been a large security issue with the water impoundment that fills and leaks onto KOA.He suggests the block wall should also be carried along the south side of the property which adjoins city property.They are having problems with motorcyclists in Weekes Wash.The wall would prevent the kids from getting down into the water impoundment. Vice Mayor Surra asked if anyone had a picture of the 8'oleanders. Mr.Don Cramer stated he drove by there on his way here tonight and he was sure he saw some 5'or 6'high. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 18 OF 47 Mr.Ray Mullen,1589 S.Cactus, addressed the council.He lives next door to Mr.Rineholt.He agrees with what Mr.Rineholt said and added there is another safety issue.There are catch basins on this property along Beeman's side.The tops have been removed by the kids and he believes they are down in the culvert.He has found them this way more than once and he has been putting the tops back on when he finds them.He agreed with the comments made on the retention basins and the kids driving back and forth on their motorcycles looking for some place to play. :Mayor Coleman closed the public hearing with no one else wishing to speak. Mr.Bob Mister,10 N.Vista de Catalina,Laguna Beach,California,addressed the council.He stated they would like to be a good neighbor yet make a profit.They have prided themselves on meeting with,talking to and responding to the needs or their neighbors.He is late on the scene with this project.He entered into a purchase agreement with the prior owners three months ago.They could have built the prior project as it had already been approved.He did not think three stories make sense in this market;99% of the storage facilities are single story in Arizona.Multiple stories occur in very dense areas with expensive land and high rent.He did not think three stories would work for them so he came in for a redesign with one story.They are open to staff and the planning department regarding the architecture.I t is currently a southwest design.He commented he believes the city building and planning departments will ensure that they do not affect property owners in either direction adversely with water.He cannot speak for anything that has been done in the past and he feels badly for anybody that has suffered through the prior owner's actions.He stated this is a conscientious development company and they will spend over $3 million on this project;they want it to look good and be a good neighbor.He is willing to solve any of the problems that the adjoining neighbors have.He commented they frequently build their buildings on the property line and the building serves as the exterior wall.They have had to landscape in front of that wall if they have residential neighbors around them.He is happy to do the 10'landscaping setback requested here. They would not like to put 1100 sq.ft.of wrought iron fence up against an existing fence.It will not solve any drainage problems.They hire landscapers to maintain their properties and their landscaping.They do not want it to look trashy.They do have landscaping and retention areas at their other locations and they maintain them and keep them clean.They use a REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 19 OF 47 neighborhood watch to deter itinerant drifters.They are anxious to build here. Mr.Don Cramer commented they are supposed to have enough retention for a 100 -year,two hour duration storm.I t has to be on your property and you cannot take any of it onto your neighbor's. He stated all the buildings drain to the interior to concrete valley gutters that go into retention areas.They will stop any water going into the KOA campground by building their facility. Councilmember Eck asked what plans they have regarding the open culvert. Mr.Don Cramer stated they will have to come in and take care of it.If they do not have engineers certifying i t has compacted fill,they will be taking it out of there.They cannot put their buildings on soil like that;i t has to be compacted or be on natural grade. Councilmember Eck asked how they would enclose that area to protect i t from intrusion by people. Mr.Don Cramer stated they would put some grating in there to prevent kids from getting down into it. would secure the culvert. Councilmember Eck asked if they Mr.Don Cramer stated they would. Councilmember Urich asked if the concerns of the two neighbors south of them would be addressed. Mr.Don Cramer asked if that was the KOA. Councilmember Durbala stated they are the homeowners where it drains into Weekes Wash REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 20 OF 47 Mr.Don Cramer stated any water that is on their property will stay on their property.They will be building a wall to prevent anything from draining onto a neighbor's property. Councilmember Urich stated i t is currently draining now onto their property.She asked if when they are through it would not be draining there. Mr.Don Cramer stated it would not. Councilmember Dietz asked if the grading was done by the previous owner. Mr.Don Cramer stated it was and the previous owners have caused them more problems. Councilmember Dietz asked if city staff has been out to inspect what grading was done or the water flow patterns that were incorrectly graded. Public Works Director Doug Dobson stated they would not have checked the compaction on the property.The water damage they are talking about is water that comes from under Old West Highway and goes out the back.It does not matter what kind of wall they build,the water will still be coming out there. Councilmember Dietz stated the citizen talking about having water coming onto his property is actually having the water come on from north of Old West Highway. Public Works Director Doug Dobson stated it goes across the front of the property and through the drain they are talking about.They put the pipe in to replace the drain and now the water comes down like i t always has but i t is in the culvert instead of the wash. The flow picks up in the pipe and it will cause more damage.A wall or retention basin will not change the amount of flow coming out of the pipe. Councilmember Eck asked if the city requires a diffuser or a concrete catch basin. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 21 OF 47 Public Works Director Doug Dobson stated i t needs rip -rap around it,starting at the culvert and coming down 15- 20 feet down the pipe to prevent erosion. Vice Mayor Surra asked why that did not happen when this was originally put in. Public Works Director Doug Dobson stated his department would not have continued with the project since i t is not a drive way. Vice Mayor ,Surra asked who installed the culvert. Public Works Director Doug Dobson stated the previous owners did. Vice Mayor Surra commented if they had continued with the project the city would have inspected i t and made sure everything was adequate. Development Services Director Dean Svoboda stated current developments require grading and drainage plans. Vice Mayor Surra commented that would be prior to the construction of their buildings Councilmember Durbala reminded everyone that they started grading this without a permit.He commented they could have put the culvert in at the same time and not realized what they were doing. Vice Mayor Surra asked why the city did not make them do something about it when they abandoned their project. They may need to address abandoned projects in future ordinances. Mr.Don Cramer stated it would not be hard to add the rip -rap to it. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 22 OF 47 Mr.Bob Mister stated i t is on city property but they would be happy to put the rip -rap in. Development Services Director Dean Svoboda stated stated there is some city alignment to the south of the site but not immediately at this spill point.This culvert was not put in with any previous project per se and it was not put in with the benefit of a grading or drainage permit.It was an improvement put in the previous owner without any oversight. Councilmember Durbala asked if they would agree to having their buildings on the property line and having their fence go down all the way around.That may work out for them by giving them extra spaces. Vice Mayor Surra asked if he meant having no setbacks. Councilmember Durbala stated that is correct. Mr.Don Cramer stated it would be beneficial even if they did not pick up any extra spaces.They could make them wider with wider driveways.They would not have any hidden spaces, either. Councilmember Durbala stated he was looking at this making all of their own drainage to into their own land.This would also eliminate having 10'between the block wall and the building.I t would be more convenient for everyone.KOA and the others would all be acceptable to that. Mr.Don Cramer stated you would not have a drainage problem or a 30'building in your backyard. Vice Mayor Surra asked if there would be any exterior landscaping on this plan. Councilmember Durbala stated i t would only be in front. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 23 OF 47 Vice Mayor Surra stated that is unacceptable since everyone else must do landscaping that borders neighbors. It does not seem fair. Councilmember Durbala stated one of he property owners stated he would sooner have a block wall. :Vice Mayor Surra stated he can have the block wall yet still have landscaping. There was general discussion on whether the location should be landscaped or not. Mr.Don Cramer stated i t is not uncommon to do just what Mr.Durbala stated.A registered landscape architect did these plans and he is showing about 40% of the actual trees there.His client is not real happy about all of the landscaping because of people being unable to see the sign because of the trees,They are putting in 24"box trees:there will be no 15 gallon box trees. Vice Mayor Surra stated the applicant stated he would work with the residents that appeared today in order to be a good neighbor.She asked if they should do a continuance on this in order for the applicant to better cement the relationship.She would like to see a plan brought back that is more reflective of the applicant's speaking to the KOA and the residents and addressing the new concerns. Mr.Bob Mister stated he believes their concerns are primarily about drainage and he believes the city is going to require that they do that.He does not think there is anything else they could bring back.He is willing to stipulate to putting the rip -rap in and taking care of the culvert to assure its safety.Part of the problem is i t having sat vacant after some work was done upon it.Once they build the property,the KOA should not be getting any more water. Vice Mayor Surra asked the other speakers if they would be satisfied with the issues that would be addressed through drainage. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 24 OF 47 Mr.Mike Mortenson stated his main concern is time.He is getting flooded and muddied out;something needs to be done.The low spot on his property is 4'-5'below the proposed sites retention pond.If there was a wall around i t it would work fine.He also hopes there would be some type of wall that would keep kids from coming up Weekes Wash with their motorbikes and using the retention facility as a city park. Mr.Bob Mister stated they also put in infrared beams they put up on the walls to keep people from jumping over them.They will have 20 surveillance cameras in the facility.It will be a secure facility. Councilmember Durbala asked if they would agree to a block wall on the side of the KOA and around the side to the back,then move the building back 10'on the other side and plant all of the landscaping along that side to make i t look nice along the Trail. Mr.Bob Mister asked if that was along the east side. Councilmember Durbala stated i t would be on the Beeman side.The plants would be on the last 50'of that fence. Mr.Bob Mister asked if they are building to the property line. Councilmember Durbala stated the building would be moved in 10'on that side.He thought this would address all the concerns. Mr.Mike Mortenson asked if he was proposing the buildings would be adjacent to his property. Councilmember Durbala stated that is correct. Mr.Mike Mortenson stated it would be an awful high wall. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 25 OF 47 Councilmember Durbala stated i t would be an 8'wall that would keep all the water on their property. Mr.Mike Mortenson stated if they build it on the property line,with the elevation difference the wall could be up around 20'. Councilmember Durbala stated they would have to grade i t down to the property line.He asked for the other councilmembers'opinion. There was general discussion by the council regarding the locations of solid walls,buildings,landscaping and wrought iron fences. Councilmember Durbala suggested having them resubmit this with an actual drawing. Mr,Mike Mortenson stated he would like to see their plans next time. Mayor Coleman stated he feels they are trying to hammer out an appeal that would only be acceptable to the council.He would like to postpone the item. There was general discussion as to when to bring the item back. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT WE DELAY ANY KIND OF DECISION ON THIS AND BRING THIS BACK TO THE COUNCIL,A CONTINUANCE,UNTIL MAY THE 7TH,AT OUR MEETING. MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 26 OF 47 Councilmember Eck SECONDED THE The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting.He commented after receiving some input from staff,they are going to reopen Item No.12 for reconsideration of the date. Councilmember Durbala AMEND THAT MOTION TO READ TO HAVE DATE SPECIFIC OF MAY THE 21ST TO BRING THAT BACK. Vice Mayor Surra asked if they would have to reconsider the original motion and make a new motion. they make a new motion. CANCEL THE FIRST MOTION. MOTION. VOTE:Unanimous. The motion carried. City Attorney Joel Stern suggested Councilmember Durbala MOVED THAT WE Vice Mayor Surra SECONDED THE Councilmember Durbala MOVED THAT WE CONTINUE THAT UNTIL DATE SPECIFIC OF MAY THE 21ST,BRING IT ALL BACK TO US. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.02-05,PA -01-02, PRIVATE ACCESS WAY REQUEST BY ROBERT REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 27 OF 47 JONES III,REPRESENTED BY PAUL CONNOLLY, FOR 5 -ACRE PROPERTY AT SOUTHWEST CORNER OF S.WARNER DRIVE AND W.16TH AVENUE )Assistant Planner Juli McDaid briefed the council on the item.The applicant is requesting the private access way for the purpose of splitting the property into three lots.The smallest lot will be .98 gross acres,the second is 1.52 and the largest lot is 2.5 gross acres.The largest lot is the south lot and it will be the one needing the proposed access way.The property is zoned TH and the proposed lots could be developed with either conventional or manufactured homes.The applicant is agreeing to pave the access way according to city engineer standards.The property could be split and developed without a public access way,but it would not be an efficient design.The public access way is requested in order to develop the lots in a more conventional way.A subdivision requirement would only be invoked if the proposed public access way was dedicated for public purposes,or if more than three lots would be created.The parcel may be better developed as a fully -improved cul-de-sac subdivision.The applicant does not want to subdivide.The council action is to approve or deny this request.If the request is approved,the lots could be split further by future landowners.If the request is denied,the applicant could still split the land less efficiently and future land splits would be difficult,possibly requiring a new public access way request.Staff is recommending approval of the request subject to the conditions listed in the staff report.The planning and zoning commission recommended denial. They are concerned with the potential number of lots that could be created out of the property without having any subdivision improvements installed.One stipulation was not included in the staff report that deals with addressing the lots.This would have to be added to the motion. would access Lot 7C. Vice Mayor Surra asked how they Assistant Planner Juli McDaid stated they have an access off of 16th Avenue for that lot. Vice Mayor Surra asked if the public access would impact 7C at all.She wanted to be sure they would not be landlocked. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 28 OF 47 Assistant Planner Juli McDaid stated they could not be landlocked as their access is in another location.She designated on the map the location of the proposed public access way. ,"Vice'Mayor'Surra stated the lower parcel could not have a 16th Avenue address..' .. 'Assistant Planner Juli McDaid stated they are requesting a 16th. Avenue address for consistenCy..The city does not have an ordinance that regulates private access Ways consistently.There is no grid system -applied to them.The standard has been to address off of what ever main road the access way comes from. Vice Mayor Surra asked if emergency vehicles would have a hard time finding that address. Assistant Planner Juli McDaid stated she is working on some private access way standards now. Mayor Coleman requested the applicant address the council. Mr.Paul Connolly,1935 S.Cactus, Apache Junction.addressed the council.The property was purchased almost two years ago.They thought they were doing everything the city would want based on previous public access way approvals.They are dedicating 40'on 16th Avenue and are paving the easement.They are putting in underground electric and telephone.He thought that was the standard for private access easements. He briefed the council on the proposed land split and the land splits of future owners.Each public access way request would have to come back to the council ond he estimates the largest number of lots on the 5 -acre parcel will be six.They will be putting doublewides on the property. Vice Mayor Surra commented if they only put the access way to the last lot that is created,i t landlocks that lot. Mr.Paul Connolly stated the easement goes into the last lot.The city would still have control over the REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 29 OF 47 bottom 2.5 acres and someone will probably come back at a future date wanting to extend and pave i t so that they can split the lot three times. Mayor Coleman asked why they were not going through the subdivision process.They are doing a lot of things that are in the subdivision process,but they would then have sidewalks and a public street if he went through the subdivision process. Mr.Paul Connolly commented he believes they would be creating low -end housing at this location if they did the subdivision process.He does not want to be connected with that.They want more amenities in a mobile home subdivision than what could be provided here.The only people who would move in are those that could not afford anything else. Mayor Coleman asked if high -end mobile homes would be moving onto these lots. Mr.Paul Connolly stated that is correct as the lots would be substantially more expensive and limited to doublewides. Mayor Coleman asked if the lots would be substantially more expensive because of their size,as it would not be for the amenities. meant by amenities. been developed as a subdivision. in a subdivision would have to be small. Mr.Paul Connolly asked what he Mayor Coleman commented i t has not Mr.Paul Connolly commented the lots Councilmember Eck stated this is TH zoned so they would have to be 7,000 sq.ft. Mr.Paul Connolly stated he believed they could go down to 62.5'wide on a 5 -acre parcel. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 30 OF 47 Councilmember Eck stated he is concerned that if a subdivision was created it would not be created like the one nearest the property. Vice Mayor Surra stated it does not have to be;it depends on the person developing it.He could develop it with six large lots in a subdivision which would look nice.He would still have sidewalks and other nice things instead of this private access way.The council has found that the private access ways are not good for the city, especially when the addresses of the back lot have to be 16th Avenue addresses as there is no way to address off of private access easements.This creates a problem for emergency vehicles.She is not in favor or adding any more. Mr.Paul Connolly asked that they tell him what they expect on lots like this before they vote no on it.He asked if all of these big lots were expected to be subdivisions. Vice Mayor Surra commented she expected a small subdivision. Mr.Paul Connolly stated there is more than 50 of these in the city. Vice Mayor Surra stated she thought that would be very nice.Six lots would be a nice,small subdivision. expected a small subdivision. more than 50 of these in the city. Mr.Paul Connolly stated they cannot do six lots in a small subdivision with sidewalks and curbs.They would have to sell them for hundreds of thousands of dollars apiece. Mayor Coleman asked how large the lots are in Quail Run and Quail Hollow. Assistant Planner Juli McDaid stated she believed they are 60'wide and 125'deep on Superstition Meadows.She would have to pull the information on Quail Hollow,but she believes they are a little larger.They are a minimum of 7,000 sq.ft. Mayor Coleman asked if those were on a 5 -acre piece. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 31 OF 47 Assistant Planner Juli McDaid stated that is correct. Mr.Paul Connolly stated he took the gentleman to his property that built Quail Run and asked if he would be interested in purchasing it and building another Quail Run.He declined to purchase the property. Councilmember Urich commented i t is Quail Hollow,not Quail Run.She added she has serious concerns about how emergency vehicles would gain access to an address that is not on the road i t is supposed to be on. There was general discussion on the location of the access way and what part was dedicated. Mr.Paul Connolly asked if the council would continue the item if they are unsure of what they wish to do. They could then come back and tell him what they want him to do,without i t being made into a subdivision. Councilmember Dietz stated he did not see a problem with the easement.They have been done before and he has agreed to pave it.They could have a mailbox with an arrow pointing down the road. Mayor Coleman commented they turned the last one down that came before them. Councilmember Milkey commented a subdivision might help in raising the standards in the area. Vice Mayor Surra and Councilmember Urich agreed. Mr.Paul Connolly commented he sees the fire department all over town and they know where every address is. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 32 OF 47 Councilmember Urich stated they do not.The police and fire department have a difficult time trying to find some of the properties. Mr.Paul Connolly stated he always sees them looking at properties and familiarizing themselves with the properties. Mayor Coleman stated he is having a real hard time with this.He is constantly hearing the people asking for sidewalks.The last one they turned down was split equally with long,narrow lots,giving them all access to the street.He feels like they are perpetuating it. Councilmember Durbala commented he does not agree with it but he does not see i t as a problem.He does not feel they should tell people they have to develop it a certain way in order to get the private easement. they have the right and the obligation. Vice Mayor Surra stated she believed Councilmember Durbala stated they could end up with three long,narrow properties again. Councilmember Eck commented he looks at i t as a compromise.Staff believes this is the second best option.He believes a subdivision would be the best option,but he does not think they are going to get a subdivision.He would also prefer bigger lots with the subdivision.This is TH zoned:i t has been bumped up to 20,000 sq.ft.minimum lots.The surrounding properties have to be taken into consideration.He does not think they will get someone to come in and build a subdivision. Mayor Coleman commented they will not if they keep doing this. Councilmember Eck commented infill properties are the most difficult ones.He asked if they would be starting today and say why not.He would rather see something nicer with a roadway than three separate lots from 16th Avenue back to a wall someplace.They REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 33 OF 47 would be difficult to get to from a fire department or law enforcement standpoint. Councilmember Durbala commented staff recommends approval. Councilmember, Urich commented planning and zoning denied it. Councilmember Durbala commented they have denied others the council has approved. Mayor Coleman opened the public hearing on the item. Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction,addressed the council.He stated the planning and zoning commission is there to try to plan the city out.He asked why they should have a commission if the council decides to go against their recommendation.The commission turned it down for a good reason 6-0.They took time to look into the matter and went into what could be done with the property.He probably had something in mind when he purchased i t and has now decided this is what is best for him now.His plan is not what the commission has been instructed by the council to have the city look like.The line has to be drawn somewhere,start today. Councilmember Eck commented they have to draw a line,but if they do not get the subdivision,they could get three lots that are 165'by 660'long.He would rather compromise. Mr.Conrad Pisinski stated he is turning i t into three lots in an odd way and in the future cutting those lots down.He thinks there should be a subdivision from the start with six lots. Councilmember Eck stated he has never seen that go into a TH zoned area. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He was concerned about fires being prevented if they had the housing close together.Fires would jump quickly REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 34 OF 47 from house to house with 18 homes on a 5 -acre lot.The economy is not what is was,the applicant is asking the city to work with him and compromise.I t is an infill situation and he questioned who else would develop the property. The applicant states i t is not affordable to do a subdivision here.It sounds good and makes sense to him.He would like to see a little space around the house. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra MOVED THAT RESOLUTION NO.02-05,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CREATION OF A TWENTY-EIGHT FOOT (28')WIDE PRIVATE ACCESS WAY PURSUANT TO THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 20 PARKING,LOADING,AND INTERIOR OR PRIVATE STREET STANDARDS,SECTION 20.0108 PRIVATE ACCESS WAY STANDARDS,IN CASE PA -1-02,FOR THE PURPOSE OF PROVIDING LEGAL ACCESS TO CERTAIN PROPOSED TH (TRAILER HOMESITES)-ZONED PARCELS DESCRIBED HEREIN,BE DENIED. Councilmember Urich SECONDED THE MOTION. VOTE:4-3 (Councilmembers Dietz,Durbala and Eck voted in opposition.) The motion carried. PROPOSED RESOLUTION NO.02-03,DECLARING THE AMENDMENTS TO THE DEVELOPMENT FEE ORDINANCE AND UPDATE STUDY AS A PUBLIC RECORD;PROPOSED ORDINANCE NO.1160, ADOPTING THE DEVELOPMENT FEE ORDINANCE AND UPDATE STUDY )Assistant to the City Manager Bryant Powell briefed the council on the item.This is the first of two required public hearings for the approval and adoption of the development fee ordinance.The study takes into account any changes in the original development fees over the last four years.The major changes undertaken in this update are updating the inventories,costs and credit calculations; REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 35 OF 47 changing the road fee methodology from a standard consumption based approach to modified consumption based approach;adding an open space component to the park fee;calculated credit for the construction sales tax against the park fee;and added land cost to police,library and municipal building fees. Major changes to the ordinance include fees and formulas updated and no offsets for road right-of-way;they have been made administrative.He provided sample fees and comparative fees to other municipalities. Councilmember Durbala questioned the total fees per household,stating the water and wastewater are not part of the city.He has added i t in like it is a permanent part of the city. Assistant to the City Manager Bryant Powell stated he wanted to make sure that all the development fees were included in the total development cost.That information is in Table 3 of the spreadsheet.Our fees are half of what other municipalities charge. Mayor Coleman stated that is because the city does not provide water. Vice Mayor Surra stated that they still had to have those and would still have to pay the fees. Councilmember Milkey asked why Mesa does not have a road development fee. Assistant to the City Manager Bryant Powell stated he was not sure but he could find out for him. Councilmember Durbala believed i t was listed somewhere else. Assistant to the City Manager Bryant Powell stated they might force the developer to do all the road development fees all of the time. 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. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 36 OF 47 Vice Mayor Surra commented they are still looking at mobile home units as being considerably less in development fees.She asked if that was calculated by national standards.The people who want to develop the mobile home lots are saying they are bigger and better and can house more people,plus all the amenities.It sounds like any other single family unit to her.She does not understand the lower fees when the fees go for the same services for everyone. Assistant to the City Manager Bryant Powell commented the study recognizes that the mobile home parks provide the amenities,but the proportionate share on the demand of those residents is less.They are not going to be on the road as much. Vice Mayor Surra questioned their using less police,less fire,less parks,and less library.The senior population in the use of libraries would show a inequitable share of costs. They are there a lot.She does not like the designation;she would prefer i t to be designated a single family unit no matter what kind of unit i t is going in on a residential lot.I t appears the purpose is to make i t less because i t is a manufactured home. Interim City Manager George Hoffman stated i t is the assumption that i t is going into a park instead of a single family residential. Assistant to the City Manager Bryant Powell stated some councils have stipulated that if a manufactured home is placed on .a custom lot,i t is treated as a single family. Vice Mayor Surra stated i t could be a mobile home subdivision and they could get mobile unit development fees. Councilmember Durbala stated that is what they had been told before. Vice Mayor Surra asked if the standards have changed today. Assistant to the City Manager Bryant Powell stated they would have to do a study to measure proportion of the what they had been told before. standards have changed today. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 37 OF 47 demand on services by the residents who have private amenities in a subdivision versus those that do not have the amenities. Mayor Coleman stated they give them an offset if they put a park in their subdivision. Assistant to the City Manager Bryant Powell stated that is what can and should happen. Councilmember Durbala commented they can move into a mobile home subdivision with a pool,jacuzzi and park and someone else can move into a stick built subdivision with the same amenities and the latter gets charged more because i t is stick built.That is what the council sees as unfair.They want to know why the disparity.They should be paying the same. Councilmember Urich stated some of the parks have libraries,recreation facilities,exercise equipment and pools. A lot of the activities are held in their parks,so they do not use the roads as much as others do. Assistant to the City Manager Bryant Powell stated some of the parks have an enhanced level of amenities.They have an offset in the ordinance to handle these things in terms of the subdivisions. Councilmember Urich stated she believes this is why they have the lower fees. Vice Mayor Surra stated they do not have shopping centers,theaters and churches in those mobile home parks. Councilmember Eck asked if it could be based on square footage.The park model parks have more amenities than the parks with the larger models. Councilmember Durbala suggested having the consultant fax them something so that they could understand how it works.They do have one mobile home park with a theater and a small restaurant in it. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 38 OF 47 'Development : Services Direct&Dean Svoboda stated the different land use categories are based on national trends, not local.I t is not only the size of unit,but how many people may live in the unit.The mobile home park generally has less trafficjhan single family homes across the country.The language in the study refers to a RV space, meaning it would be in a park.As soon as it goes onto a single family lot, i t is calculated the same as a single family lot. Councilmember Dietz stated there are doublewides in parks all over. Vice Mayor Surra commented when she builds her home she will have to pay the higher amount even though there are only two people in the household. Interim City Manager George Hoffman stated that is what averages are all about.There is a need to have a tested, defensible methodology.I t is crucial to bring in something that has met that test,and this has met the test. Vice Mayor Surra stated the trends are changing so this may not be the same the next time i t is updated.The national thinking needs to change because not as many mobile homes are going into parks. Mayor Coleman closed the discussion and moved on to the next item. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 39 OF 47 COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS DISCUSSION AND DIRECTION TO STAFF REGARDING RECRUITMENT FOR CITY MANAGER ) )Interim City Manager George Hoffman briefed the council on the item.He commented he is interested in being the city manager of Apache Junction but at this time he is not seeking the position.He has spoken to the president of the Arizona City Management Association who affirmed that the association would be pleased to assist in the recruitment process.He gave an overview of the process used the last time there was a city manager search back in 1994 and the project services used.He suggested they work with someone to develop their profile of the "ideal"candidate. Mayor Coleman opened the item to council discussion. Councilmember Durbala asked if any firms had contacted the city yet. Interim City Manager George Hoffman stated they have.They know of at least six that are out there and they should be able to find similar numbers to last time. Councilmember Durbala commented i t is up to the council to decide if they want to use a firm or go some other way. Interim City Manager George Hoffman stated that is correct. Councilmember Durbala asked if a firm would be the most efficient way to go. Interim City Manager George Hoffman stated that may not be the case.He encourages i t as he believes they could get a "match"and "fit"between the council and the candidate.Search firms are very well suited to assessing councils and understanding their needs, interests,goals,objectives,likes and dislikes. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 40 OF 47 Councilmember Durbala asked how soon they could get something working in concrete if they go with a firm. Interim City Manager George Hoffman stated they did do an request for proposal last time including a fee proposal; they could probably specify in the scope of service. Councilmember Durbala stated they would have to specify everything out before a manager could be picked. Interim City Manager George Hoffman commented between what staff has started already and this information,they do not have to reinvent the wheel.They could get it out in very short order. They will run an ad in the regional papers,send faxes or letters to the firms they know of from professional journals and those on the bid list. Councilmember Durbala asked if there would be something coming back to them by the second.meeting in May. Interim City Manager George Hoffman estimated they could get back to council for direction on May 21 depending on if they want staff in combination with a council representative to do the winnowing process.Two choices were brought back to the council in 1994. City Clerk Kathleen Connelly stated the panel that had convened were so close in making recommendations that two firms were brought back.They had different options,one including a package wherein they would go out and do the process all over again if the council was not satisfied with the first group of candidates and it would be part of their first fee.The other firm stated if anything occurred within the first year of employment,they would do the search all over again. Councilmember Durbala asked if they would discuss with each individual council member as well as the council appointee,to be interviewed individually and as a group. Interim City Manager George Hoffman stated they could insure that they get that. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 41 OF 47 Councilmember Durbala stated council would want to recommend one of the members to be the liaison between staff and the consultant. Interim City Manager George Hoffman stated he encouraged that. There was general discussion on who would be the representative. Vice Mayor Surra asked if it would be sufficient for them to give direction to staff to begin the process of putting together the scope of the project and request for proposals from search firms. Interim City Manager George Hoffman stated that would get them going.He asked the city clerk if she had any additional information. City Clerk Kathleen Connelly commented she assumed they would not want anything less than what had been done previously. Vice Mayor Surra stated that is correct. Councilmember Milkey asked if they would be utilizing the human resources personnel or the city manager's staff to help conduct the search or will i t lengthen the process. Interim City Manager George Hoffman stated it would not necessarily lengthen it.They pick up some time by skipping the consultant process.They can advertise now.He believes this process will likely yield a better "fit"with the council.However,i t is not a guarantee. Vice Mayor Surra asked if they chose the route of a firm,could they still go to the city managers association and get them to help us with interview questions or sit in on interviews. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 42 OF 47 Interim City Manager George Hoffman believed they would.They believe their profession is furthered when individuals with the requisite knowledge,skills and abilities get appointed to positions. Vice Mayor Surra stated they could use a combination using various sources. Interim City Manager George Hoffman stated they could. Councilmember Eck asked the firm will basically do the research and headhunting.They will come up with a chosen selection. Interim City Manager George Hoffman stated council will name the number to be selected from. Councilmember Eck asked if that would be determined by the number of applicants. Interim City Manager George Hoffman stated they may want to see the top twelve or they may want to winnow it down to five after they have seen them.The council would then interview the five. Councilmember Eck commented he wanted to make sure the impression would not be given that the firm would be hiring the next city manager instead of the council. Interim City Manager George Hoffman stated the council will hire the next city manager.They will be describing to the firm the attributes and characteristics they are looking for.I t is their business to be good at winnowing that number down to a core group that really meets your needs.The council will do the interviews and everyone coming through the door for the interview process should have the basic knowledge,skills and abilities.The council will need to assess if the applicant meets their values,your emphasis and whether there is a "fit" there. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 43 OF 47 Vice Mayor Surra commented that is why she thinks i t is important to have the selected firm sit down with each council person in order to find out what their needs really are,not what the needs are perceived to be. Councilmember Milkey asked how much the firm would cost. Interim City Manager George Hoffman stated Payson and Fountain Hills are recruiting for city managers and their costs and anticipated fees were about $19,500.Ours could vary slightly depending on which publications they go in.Gilbert's was near $40,000;he believes ours will be nearer to Payson/Fountain Hills range. Mayor Coleman asked if that would include all the advertising. Interim City Manager George Hoffman stated he believed so. Vice Mayor Surra stated it does not include the expenses to bring the candidates to an interview.That would be a separate cost. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE RECRUITMENT FOR A CITY MANAGER:THAT WE SEND OUT REQUESTS TO SUBMIT PROPOSAL PACKETS TO EXECUTIVE SEARCH FIRMS AND PLACE OTHER NECESSARY ADS TO BEGIN THE PROCESS OF SELECTION OF A FIRM USING OUR PRIOR CRITERIA AND EVERYTHING ELSE THAT WE HAVE MENTIONED IN THE WORK SESSION LAST EVENING AND TODAY. Councilmember Durbala added AND CAN WE ALSO APPOINT THE VICE MAYOR AS COORDINATOR FOR THE COUNCIL. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 44 OF 47 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Urich MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MAY 6,2002,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MAY 7,2002,IN THE CITY CONFERENCE ROOM. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced i t is National Volunteer Week April 21 through April 27 and he thanked everyone who volunteers to work on the city's boards and those of the civic organizations. Mayor Coleman announced there is a city golf tournament coming up. Mayor Coleman announced that the street light districting bill that Councilmember Dietz worked on has gone to the state. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:50 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 45 OF 47 2.Acceptance of Minutes of Special Meeting of April 1,2002. 3.Acceptance of Minutes of Regular Meeting of April 2,2002. 4.Acceptance of Minutes of Crossroads Redevelopment Area Meeting of November 30,1999. 5.Approval of "Food For Fines"Program to be run from May 1-31,2002 at the Apache Junction Public Library with food collected being contributed to the Apache Junction Reach Out Food Bank. 6.Authorization for Mayor to sign Professional Services Agreement with Kirkham Michael Consulting Engineers in the amount of $56,141.00 for design services at Baseline Avenue and Ironwood Drive along with street improvements for Baseline Avenue between Weekes Wash and Winchester Road. 7.Consideration of award of bid for Public Works Project No.PW 2002-05, construction of concrete work and related improvements on Royal Palm Road, to Combs Construction for a Base Bid (for curb,gutter and sidewalk)and Additive Alternative No.1 (for paving)for $351,241.75 plus 10%,or $35,124.18,for unforeseen change orders and not to exceed a total of $386,365.93. 8.Ratification of the acquisition of 20.03 acres of land northwest of Apache Trail (AZ S.R.88)and Superstition Boulevard through the state land public auction process:and authorizing and directing City Staff to do all acts, sign all documents and pay all fees and costs from the appropriate City fund necessary for the acquisition. 9.Approval of Resolution No.02-06 which authorizes the acquisition of a frontage portion of property located at 543 North Ironwood Drive,Apache Junction,Arizona,by exercise of eminent domain for completion of the Ironwood Drive road improvement project and declaring an emergency. ACCEPTED THIS 7TH DAY OF MAY ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY ,2002. REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 46 OF 47 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS CULEMAN 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 16th day of April,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of April,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 16,2002 PAGE 47 OF 47