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HomeMy WebLinkAbout2000-04-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 4,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on April 4,2000,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Surra called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present: (Mayor Coleman was absent due to participating in a community play.) City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Library Director Pam Loui REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 1 OF 45 Others Present: Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Long Range Planner Kate Langford Assistant to the City Manager Michael Munroe Recreation Superintendent Beth Cowles Associate Planner Rudy Esquivias Lieutenant Steve Francis ACCEPTANCE OF CONSENT AGENDA )Councilmember Durbala MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED WITH THE DELETION OF ITEM NO.5; AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PUBLIC WORKS DEPARTMENT;PARKS & RECREATION DEPARTMENT;RECREATION COORDINATOR JAY REYNOLDS;AND THAT THE BID FOR ONE COMPACT PICKUP TRUCK FOR THE MOTOR POOL TO BE PURCHASED THROUGH STATE CONTRACT BE AWARDED TO COURTESY CHEVROLET IN THE AMOUNT OF $11,684.26;AND THAT THE AWARD OF BID FOR PROJECT PW 2000-04,PHELPS DRIVE SIDEWALK INSTALLATION, BROADWAY AVENUE TO SOUTH OF APACHE TRIAL,BE AWARDED TO DOWN TO EARTH CONTRACTING,INC.IN A BASE TOTAL AMOUNT NOT TO EXCEED $20,310.00 WITH AN ADDITIONAL CONTINGENCY OF 15% NOT TO EXCEED $3,046.50 TO COMPLETE THE ADDITIONAL SIDEWALK INSTALLATION;AND THAT THE AWARD OF BID FOR A 64 CHANNEL LOGGER/RECORDER FOR THE DEPARTMENT OF PUBLIC SAFETY TO BE PURCHASED THROUGH STATE CONTRACT BE AWARDED TO GOSERCO INC.IN THE AMOUNT OF $60,803.73,WITH $60,000 COMING FROM NON -DEPARTMENTAL AND THE REMAINING $803.73 TO BE TAKEN FROM THE DEPARTMENT OF PUBLIC SAFETY DEPARTMENTAL BUDGET,ACCOUNT 001-01113- 506-572,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS The 2000 Brian Hosey Award was presented by Recreation Superintendent Beth Cowles to Steve Darling.She commented this award is given to the volunteer REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 2 OF 45 youth coach of the year,and she briefed the council on the creation of the award,and the history and sportsmanship of this year's recipient. Recreation Superintendent Beth Cowles presented the outstanding volunteer service award to Merle Powell.She briefed the council on his service to the community. Vice Mayor Surra read a proclamation designating April 9 through 15 as National Library Week.She presented the proclamation to Library Board of Trustees Chair Barbara Gardner. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He requested that more detailed information be added to the agenda to describe the items. He also requested that the council meeting tapes be retained for longer than three years as he was unable to listen to a tape from 1985.He encouraged the meetings be put on diskettes or CD-ROMs.In addition,he proposed that the library have an area where council meeting and city activity tapes can be heard.He suggested this be accessible to the public for one to two weeks after the meetings. Vice Mayor Surra requested staff to respond to Mr.Fisher in writing. CITY MANAGER'S REPORT Assistant to the City Manager Michael Munroe briefed the council on the upcoming census.He commented that City Manager Curtis Shook was out of town attending the annual national conference of the American Society for Public Administrators.He was selected to make a presentation at that conference. PUBLIC HEARINGS PROPOSED RESOLUTION NO.00-08/CASE NO.SD- 97-08/FINAL PLAT FOR QUAIL HOLLOW SUBDIVISION )Long Range Planner Kate Langford briefed the council on the item.This is a 5 -acre piece located north of REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 3 OF 45 16th Avenue on Idaho Road on the east side of the 'street.This is a final plat having fourteen 11,000 sq.ft.lots.The applicant and homebuilder were in attendance.They will have three different series of homes.She briefed the council on the different floor plans and elevations. Vice Mayor Surra asked the spokesperson to address the council. Carol ,Chamberlain,representative for Mrs.Bellucci,the property owner,addressed the council.They have been working on the project for three years.She is happy to see large lots, ranging in ,size from .25 acre to 5 acre.There will be achoice for people to make other than what shade of beige one would like their house to be. Vice Mayor Surra opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He approved of the larger lots and homes,stating it would give the city some variety.He was concerned if it would be on the sewer and it there would be sidewalks. Long Range. Planner Kate Langford stated it will be on the sewer and there will be a full compliment of sidewalks. Vice Mayor Surra closed the public hearing with no one ,else wishing to speak.She reopened the item to council discussion. Councilmember Eck stated he originally voted against this because of the sewer situation.At that time i t was not on the sewer,he is glad to see i t is now on the sewer system. Councilmember Dietz asked if they would have a homeowners association to maintain the wash and landscaped area. Long Range Planner Kate Langford stated they will not.They will be part of the lots. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 4 OF 45 Councilmember Dietz asked if those two homeowners would be responsible for maintaining those areas. Long Range Planner Kate Langford stated that is correct. Councilmember Dietz asked if there would be street lighting. Long Range Planner Kate Langford stated there would be the appropriate street lighting,she believes there will only be two. Councilmember Dietz asked who would be paying for those. Long Range Planner Kate Langford stated they would be installed and paid for by the developers and then the property owners will be assessed through the electrical bills. Vice Mayor Surra closed the discussion and called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.00-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR QUAIL HOLLOW SUBDIVISION,CASE NO.SD -97-08,BY MRS.NORMA BELLUCCI,NOVATO, CALIFORNIA,BE APPROVED. MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1117/CASE NO. PZ-99-18/REZONING REQUEST BY EUGENE DESPAIN REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 5 OF 45 Councilmember Insalaco SECONDED THE )Long Range Planner Kate Langford briefed the council on the item.This is a rezoning request for two 5 -acre parcels located at the northwest corner of Tepee and Delaware.I t is currently zoned GR,they are requesting CR-3/MH which has a 7,000 sq.ft. minimum lot size,with a manufactured housing allowance.Planning and Zoning recommended approval with a 4-2 vote.The dissenting votes thought the MH designation was contrary to the goals of the city regarding site built homes and there was concern over the density and lot size for this area.They are proposing 66'wide lots with 7,920 sq.ft.lots.The preliminary plat,when brought back,can address some of the landscaping issues.The applicant was in attendance. Mr.Eugene DeSpain,7548 E.Sayonne, Mesa,addressed the council.He presented a slide show showing the area the subdivision was going into.I t is surrounded by an RV park and other lots averaging 7,000 sq.ft.to 9,000 sq.ft.He commented the new general plan is asking for larger size lots there,and everything around is either RV or manufactured homes.A new stick built subdivision is going in on Lost Dutchman.His project is an infill subdivision.They are proposing to share driveways and they will be between the structures.There will four driveways for each eight structures.They will have a homeowners association with stringent CC&R's.There will be no transient or overnight parking permitted in front of the houses.There will be a retention area around each property. They will plant mesquite trees on all the properties surrounding the project, including those across the street if those landowners will permit them.The predominant tree in the subdivision will be mesquite. size the manufactured homes would be. all be double wides. would be set in the ground. Councilmember Insalaco asked what Mr.Eugene DeSpain stated they would Councilmember Insalaco asked if they Mr.Eugene DeSpain stated there are certain conditions which may not allow it on certain lots,but that is their preference. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 6 OF 45 Vice Mayor Surra commented it may be a stipulation,not a preference. Councilmember Insalaco asked if they would all be having garages. Mr.Eugene DeSpain stated they would all have two -car,detached garages.They are restricting what can be done with outbuildings.There will not be much room for them.Unless there is a stipulation addressing it,there will be no outside walls allowed in the subdivision. Vice Mayor Surra asked who would be owning the driveway since they are shared. Mr.Eugene DeSpain stated each owner will own half of the driveway.This will call for a strong homeowners association as they will need constant communication. Councilmember Insalaco stated they will not be able to park in their driveway because they would be interfering with their neighbors. Mr.Eugene DeSpain stated that is correct.There would be temporary parking only.There are places for them to park in front of their homes.However,they will have flexibility. the units would be. be brand new. driveway regulations would be enforced. homeowners association would enforce them. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 7 OF 45 Councilmember Urich asked how old Mr.Eugene DeSpain stated they would Councilmember Urich asked how the Mr.Eugene DeSpain stated the Councilmember Urich asked if they would be owner -occupied or rentals. Mr.Eugene DeSpain stated they would be owner -occupied.However,once it is sold,there would be nothing to stop the owner from renting the unit. Vice Mayor Surra stated that could be in the CC&R's of the homeowners association. Mr.Eugene DeSpain stated they could have some restrictions,but if they put in regulations prohibiting that,i t could be difficult to sell them.They could require that a credit check be done and that the board sign off on the lease. Councilmember Urich asked where the air conditioning units would be located. Mr.Eugene DeSpain stated they would all be ground set. Councilmember Dietz asked what would happen if the homeowners association went defunct. Mr.Eugene DeSpain commented it is hard for him to conceive how this could go defunct.They must constantly interact with each other over the driveways,if nothing else.However,i t is technically possible. Councilmember Dietz commented that is the scary part.I t is more likely to happen here than in a 300 home subdivision where you are going to have so many problems as a real nice neighbor and a real nasty neighbor getting after each other over a driveway. Mr.Eugene DeSpain commented there are always problems that people have to overcome,and there are always the boards.The boards only run into problems when they fall into disuse and when nobody enforces them.It generally takes a few years for that to occur and there are revenues to enforce these things.Any homeowner could come back in REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 8 OF 45 and get it moving again.He added that situation is impossible for him to conceive. Vice Mayor Surra commented he needed to visit her subdivision which is the result of a defunct homeowners association. Mr.Eugene DeSpain commented he just bought a property that is severely deed -restricted and they have not been enforced for twenty years.After researching it,they determined that the association was dead,but someone could take them back to court and the judge could determine that i t is not dead.Everyone in there has violated the restrictions.In the proposed subdivision,there will be ,a need for interaction and they will want these enforced to protect their investment. Vice Mayor Surra asked who will have to give you permission to plant the trees off -site. Mr.Eugene DeSpain stated the owners of those properties will have to give their permission. Vice Mayor Surra asked who would be maintaining those trees. Mr.Eugene DeSpain stated his subdivision will,at least for the first year.They would like to put in a drip system to keep them watered.The intent is to create a boulevard feel. Vice Mayor Surra commented they should have gotten a bigger property so they could own all that is being developed. Councilmember Urich asked why they chose to go with manufactured homes when the zoning allows for both manufactured homes and site -built. Mr.Eugene DeSpain stated they originally submitted for CR-3 which would have allowed both.The resolution passed at the Planning and Zoning Commission mandated manufactured housing. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 9 OF 45 The reason being that the site -built homes would be limited in size because of the cost restrictions.These manufactured homes will be upwards of 2,000 sq.ft.,the site built would have been 1,300 sq.ft.to 1,400 sq.ft.The mobile home stipulation allowed them to have much bigger homes. Councilmember Urich stated she is very uncomfortable about the driveways being shared.This already appears set up to fail. Mr.Eugene DeSpain stated they would be glad to put regular driveways through there if the council so stipulates. All the other restrictions would be kept,if possible.However,he has seen this work very well in other small subdivisions. Councilmember Urich asked why he chose to have the shared driveway. Mr.Eugene DeSpain commented the people across the road would not have to be looking at eight driveways.I t also allows a bigger buffer area of trees and landscaping.The homes are more secluded. Councilmember Urich commented it could also allow for more confrontation. Mr.Eugene DeSpain agreed,but he believes people buying into this would understand. Councilmember Urich asked if he shared a driveway where he lived. Mr.Eugene DeSpain stated he does not. Councilmember Durbala commented the driveways are not a problem for him,as the city now has cluster home subdivisions.They also have fourplexes that all share one driveway.He does not see any problem with this subdivision.There may be neighborhood REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 10 OF 45 disputes,but is should not last too long as they have to get along in order to use the driveway.I t appears to be good planning to him. Councilmember Insalaco stated the cluster homes will have four or five homes sharing a driveway. Vice Mayor Surra commented the density will be going from a 1.25 acre lot per home to almost an 8,000 sq.ft. lot per home.She asked why he did not go with a planned development instead of rezoning to this designation.There are other options for both sides with a planned development. Mr.Eugene DeSpain stated he would have no problem doing that if that is their recommendation.Their original configuration would have required a planned development.The current plat is more like the neighborhood and blends better. Vice Mayor Surra stated the planned development would be more in line with the council willing to trade off the 1.25 acres per home in that area for other amenities.She asked where the stipulation was from Planning and Zoning that there had to be manufactured housing here. Mr.Eugene DeSpain commented he thought that was part of the motion put forward. Long Range Planner Kate Langford stated it was part of the discussion but it was not in the motion. Mr.Eugene DeSpain presented some photographs showing similar developments to what he is proposing. Vice Mayor Surra opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented this gentleman went the extra mile in his presentation,showing more than he has seen in the eight to REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 11 OF 45 ten years that he has been coming to the meetings.He has done a terrific job. Vice Mayor Surra commented his length of attendance grows every time he comes;she suggested he try two. Mr.Elliott Fisher was concerned as they are not allowing "outhouses"and he is not building garages. will be a two car garage on every lot. no extra space. transient parking. Vice Mayor Surra commented there Mr.Elliott Fisher stated there is Vice Mayor Surra stated there is Mr.Elliott Fisher commented there does not appear to be enough space for a shed.He understands there is not access to the rear of the property. Vice Mayor Surra commented he should possibly come back at another time when he has some facts. Mr.Elliott Fisher commented he made his point.He asked if they were attached to the sewers.He has seen a trend in the council's statements wherein they want to move towards site built homes;he questioned what is happening here.He asked if the developer cannot go to a design more in line with the trends for financial reasons.If that is true,other businesses are being helped in this community with sewer improvements and other giveaways;something should be done for these people if that is the case. Councilmember Durbala asked if he had driven the area. Mr.Elliott Fisher stated he had seen the pictures.If he had driven it,i t has been awhile. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 12 OF 45 Councilmember Durbala commented sometimes the council does things others do not see,like drive the area. This is a predominantly manufactured home area.Site built homes may be very hard for people to sell here.He believes they come out better on this with the proposed zoning.The council has to look at all the factors. Mr.Elliott Fisher agreed. Councilmember Durbala commented i f there are two car garages back there,then there should be enough room for someone to park another car there for visitors staying overnight.They do not want any up front parking on the driveway. Mr.Elliott Fisher commented the public is not happy with homeowners associations.There are many legal issues. Vice Mayor Surra reminded him they are discussing a rezoning. Mr.Elliott Fisher stated he was discussing the rezoning.The applicant had mentioned a homeowners association. Vice Mayor Surra stated he should be addressing the rezoning.The applicant can mention a homeowners association, but Mr.Fisher cannot. Mr.Elliott Fisher commented i t is part of the rezoning.Things will be enforced by the association,and people have had enough of that. Vice Mayor Surra closed the public hearing with no one else wishing to speak.She reopened the item to council discussion. Councilmember Eck commented he is concerned with the fact that the neighboring area is zoned TH and multi -family REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 13 OF 45 and there probably has not been a lot split in this section in a decade.This undeveloped land is zoned general rural. Long Range Planner Kate Langford stated many of the lot splits in this area are quite old. Councilmember Eck commented he is concerned as the city needs to have a percentage of general rural left.I f this is approved,the general rural is gone. Vice Mayor Surra and Councilmember Urich agreed. Councilmember Eck commented he would have thought differently on this a few years ago,but the city only has so much general rural left.The general plan has what is feasible for the area. He thinks their plan is fantastic,but he does not agree with the density for that area. Councilmember Dietz commented there are a number of 1.25 acre lots to the north,northeast,south and across the street from this project.Those are much larger lots than 7,000 sq.ft.He does not like the density and prefers it stay general rural. Vice Mayor Surra closed the discussion with no one else wishing to speak and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1117 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 14 OF 45 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1117,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:2-4 (Vice Mayor Surra,Councilmembers Eck,Urich and Dietz voted in opposition.) The motion failed. recess. meeting. Vice Mayor Surra called for a Vice Mayor Surra reconvened the PROPOSED ORDINANCE NO.1122/CASE PZ-19-99 REZONING REQUEST BY ATMORE AND LINDA BAGGOTT )Associate Planner Rudy Esquivias briefed the council on this item.This is a 5 acre property directly north of Carefree Manor which is also owned by the applicants.I t is located at the southeast corner of Smoketree and Delaware.The applicants would like to knock down the current house on the property and expand their RV park.This will add another 37 spaces to their park.They will also incorporate some recreational amenities.There are some drainage problems across the property. They will need to add a 40'wide drainage channel between the old and new parts of the park.It will be landscaped,have horseshoe pits and barbecue areas,plus it will be green and serve a functional purpose.There is another significant retention area between the two lots.At this time they are only asking for a rezoning;this is not their redevelopment plan.They are also considering a fountain and common restrooms.The existing park already has a recreation room,a pool and a pool room.The general plan shows the project area designated as a low density area.This proposal came in before the new general plan became effective.The Planning and Zoning Commission determined REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 15 OF 45 this project did not need a general plan amendment as it came in before the general plan was effective and because it is an expansion to an existing use. The new general plan states if the effective area is larger or the intensity of the proposed use is likely to impact the neighboring properties significantly,than a formal amendment would be required.The area is smaller and there is a variety of uses in the area.There are some small RV parks in the area that could be grandfathered,but they have not applied to do so.The Planning and Zoning Commission recommended in favor of the rezoning with one dissenting vote;the dissenting vote was concerned that there could be a better use for the property.If this rezoning is not approved,the normal pattern would be for this property to eventually be split into four lots with manufactured homes on them.There could also be livestock on the property,or government,church or utility buildings.The plan offered by the applicant is a conceptual plan only.All the stipulations are standard. Vice Mayor Surra requested the applicant address the council. Mr.Atmore Baggott,the owner of Carefree Manor,addressed the council.He commented RV sales are generally up,and have been for the last 15 years. Vice Mayor Surra asked the city attorney if they could talk about RV sales while discussing this rezoning. City Attorney Joel Stern stated this would go to the use,so it would be appropriate. Mr.Atmore Baggott stated the trend in the industry is for motor homes to get bigger.They are basically houses on wheels,and these people want bigger and better places.Apache Junction has approximately 110 places that take RV units,however,they are smaller ones that cannot handle the big motor homes.Better accommodations need to be provided.There are few parks that take temporary renters;his park does.He briefed the council on the parks in his area.He proposes a single entrance for his park.He described his conceptual plan which includes a fountain in the vicinity of the entrance and the drainage proposal.There is only one stick built house in the area,and i t is being burned down next week.He REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 16 OF 45 commented it is hard to find a wood frame house anywhere within a number of blocks. Vice Mayor Surra commented she believed they meant site built,not stick built or wood. Mr.Atmore Baggott commented you will find places where they have brought in a mobile home and added on to it. There are really no site built houses in the general area,and there are about a half dozen RV parks in the general area.He feels their use is compatible with the general area. Councilmember Urich commented the motor homes have been larger for years.She is not aware of any complaints that there are not enough parks in Apache Junction for the larger motor homes to park in. Mr.Atmore Baggott stated they hear it all the time.This year they turned away approximately 10 to 15 people per day.In the summer,when they do have extra space,the motor homes cannot fit into those spaces. Councilmember Urich commented that may be at their particular park.There are other parks that accommodate the larger motor homes. Mr.Atmore Baggott commented there are many older parks that are small. Councilmember Urich commented she does not believe i t is the problem that he is indicating. Mr.Atmore Baggott stated i t is a problem for them. Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 17 OF 45 Councilmember Urich commented she was concerned that the city is losing general rural again. Councilmember Eck commented he understands the situation the Baggotts are in with this existing park and wanting to expand it.I t looks like a fantastic project,but he cannot support one and not the other.He must stick with the same philosophy.He is concerned about land density in that area. Vice Mayor Surra commented she understands the concerns about the city losing the general rural designations and the 1.25 acre lots.In addition,in the other plan they would have been getting brand new manufactured homes.In this plan,lots of older RV's could be pulled in,especially if they are converted buses.She would not like to attract converted buses and homes of that kind to that area.She does not feel i t is a compatible use for a low density area.This was low density in both the older plan and the new plan. Vice Mayor Surra closed the discussion with no more comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1122 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1122,AS READ BY THE CITY CLERK,BE DENIED. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 18 OF 45 Councilmember Urich SECONDED THE MOTION. VOTE:4-2 (Councilmembers Insalaco and Durbala voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1123/CASE NO. PZ-01-00/PLANNED DEVELOPMENT MAJOR AMENDMENT AND PRIVATE ACCESS EASEMENT REQUEST BY JOHN AND BRENDA BARBER )Associate Planner Rudy Esquivias briefed the council on the item.This planned development was originally a 12 lot subdivision.This property sat vacant due to a moratorium on water allotment issues and was mostly undeveloped.Mr.Tandy built a home,Mrs. Tandy built a home,they split the property in half,put in a perimeter wall which is off the property line in some places,installed septic tanks and water meters before the subdivision was approved,and they recorded various utility and access easements across the property without city approval or coordination;there are all kinds of hidden documents on this property.The Tandys later realized they could not afford to build the subdivision,and the council voted by simple action to revert the property to a CR-2/MH.A few years later City Attorney David Alexander stated that was not a valid reversion since it was not done by ordinance.The reversion was determined invalid so the TH/PD designation still exists on the property.The north half was later sold to the Morrows who developed one of the lots and sold the other two lots to the Knights.Those two lots were later split into three lots. The Morrows were allowed to create a private access easement which they have paved.The Knights,when their planned development amendment was approved, were required to put in new units and front yard landscaping packages.Mr. and Mrs.Barber bought the 2.5 acres to the south and they would like a planned development amendment to create a 3 -lot land split.This will include a private access easement along the north side of the property.Staff is concerned as there is another private access easement just north of the proposed one that belongs to the Morrows.The Morrows have the right of egress and only they have the legal right to use this private access.I f another private access easement is approved here,it could create a potential traffic hazard.There would be two 2 -way streets right next to each other. At the Planning and Zoning Commission,staff recommended the private access be REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 19 OF 45 located at the south end;there is an abandoned right-of-way for Smoketree at the south end and i t is directly across the street from the Santa Fe RV Park. During that hearing,staff learned that the Apache Gardens Mobile Home Park has several entrances of its own,more than would have been approved under today's standards.The north entrance is right at Mr.Barber's property line, causing another potential for traffic concerns.Public Works would like to see the easement on the north side and let all of them share it.This would create a subdivision without requiring subdivision improvements.Eight lots would be given access off of an unofficial street that is not proposed to be improved to any subdivision standard.Staff believes there are several options available;(1)approve the request with the easement located along the north side and have it separate from the Morrow's easement,(2)approve the request with the easement located along the south side,(3)allow the applicants to create a private street along with their neighbors to the north and forego the subdivision requirements,(4)allow the applicants to create a private street along with their neighbors to the south and forego the subdivision requirements,(4)require the applicants to process a subdivision with either of their neighbors to the north or to the south,(6)send the case back to the commission for further review and options,and (7)deny the amendment.Council may allow the applicants to split their private access easement with the owners to the north;the applicant would have to determine if the other owners would be amenable.The ordinance provided will allow access to the property along the south property line. Councilmember Durbala asked what would prevent the people from making an entrance on the north side of their lot and going out either way. Associate Planner Rudy Esquivias stated they would probably require them to pave the one on the south side,but there would be nothing to stop them from going out on the north side.The only thing to prevent it would be if someone on the north side decides to build a wall.If the neighbors stay friendly and everyone gets along,there would be no problem. Councilmember Dietz asked if the 5 acres already has a 6'block wall around it. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 20 OF 45 stated it does. looks like a subdivision now. stated it does. Associate Planner Rudy Esquivias Councilmember Dietz asked if it Associate Planner Rudy Esquivias Councilmember Dietz stated they could approve a north easement with one way in and one way out and it would not change the look. Associate Planner Rudy Esquivias stated that is correct. Councilmember Dietz commented it would still look like an outlaw subdivision whether it was approved or not. Associate Planner Rudy Esquivias stated that is correct,but the applicants would not be allowed to break up any lots,as they would have no legal access. Councilmember Insalaco asked what they would be able to do with the property if this was not approved. Associate Planner Rudy Esquivias stated they would have a single 2.5 acre lot that would be allowed only one house. Councilmember Insalaco asked how they would get into their property. Associate Planner Rudy Esquivias showed them on a map where they could enter. Councilmember Insalaco asked how they could come in there. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 21 OF 45 Associate Planner Rudy Esquivias stated they could actually come in anywhere along their frontage. Councilmember Durbala asked if they were presently using the road to the north. Associate Planner Rudy Esquivias stated that is correct.Mr.Morrow did pave it,but they apparently followed the fence line and the road is crooked.A good deal of the easement is already on Mr.Morrow's property. Councilmember Durbala commented Mr. Barber would only have to do a small amount on his property.He added that the way this thing works,it does not make sense. Councilmember Insalaco commented he has one house in the far end and they access their property on the north end. If nothing is approved,the whole thing would be their front yard. Councilmember Dietz asked if they were supposed to have a 4.5'fence from the front of their yard to the front of their house. Associate Planner Rudy Esquivias stated that is correct;that is another one of the details.There was apparently some kind of agreement between the Tandys and the city that while the State of Arizona figured out its water problem,the Tandys would be able to create a rental space manufactured home park.This would explain the installation of the meters and septic tanks.The mobile home park regulations require a perimeter fence,and he believes this may be why there is a fence around the property,though this was never operated as a mobile home park or a subdivision.In a residential zoning district,the front yard setback area must have a 4.5'fence,in this district the setback is 20',so only the first 20'would have to have a 4.5'fence. Vice Mayor Surra opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 22 OF 45 Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He is concerned about the joint use of a driveway on the north side of the property.I t presupposes that the Morrows would agree to them driving on their road.This should have been agreed to before it was brought before the council.This makes it appear that council is volunteering the use of someone else's property. Mr.John Barber,1847 N.Ironwood, Apache Junction,addressed the council.He commented he has spent days studying the history of the property,and it appears the city has let them do whatever they wanted in the past.He described the items put in on his side of the property for the intended mobile home park.According to engineering surveys,most of the road is on his property at the east end,and is about 65/35 on the west end. Vice Mayor Surra asked if he wished he had found all this out before he had purchased the property. Mr.John Barber stated he was told by Connolly Realty when he purchased it that the property could be split.He went to the city and was given the information on land splits.He commented he did not care what they did with it,whether they left it 2.5 acres or made i t .25 acres:he just wants to get rid of the property. Vice Mayor Surra closed the public hearing with no one else wishing to speak.She reopened the item to council discussion. Councilmember Eck commented this is a unique piece of property and he does not believe anyone intended to create a wildcat subdivision.Mr.Barber is just trying to get his property split. Since the south side is blocked all the way around,he recommended giving him the easement on the north side and let him split the property. Vice Mayor Surra asked if the easement,since i t is mostly on the Barbers'land,is the Morrows'easement or the Barbers'easement. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 23 OF 45 Associate Planner Rudy Esquivias stated the legally recorded easement is actually entirely on the Morrows'and. the Knights'property.The easement is in the right place,but the physical roadway is'not.The city should require Mr.Morrow to build the road in the right location. Vice Mayor Surra agreed.She commented she believes Councilmember Eck would like them to have the roadways side by side. Councilmember Eck commented he hoped they could come up with a solution.He liked the idea of having only one roadway,but he is not sure if the city can get that. Vice Mayor Surra commented it would not be likely with the way the roadway is situated. Councilmember Eck commented he would like to see just one access in there instead of 66'of access. Councilmember Dietz asked if it would be two separate accesses with one being one way and the other being the other way,or is he talking about one 28'access. Development Services Director Glen Van Nimwegen stated he believed the idea was to go with just one easement.I t would be one two-way drive.It would require the agreement of the Morrows and the Knights.Their advantage would be their getting 14'back from the easement since it would be split down the center. Vice Mayor Surra asked if they could continue this item to give the applicant some time to get together on this and then present something different that would be more acceptable and workable for both the property owners and the city.She is concerned that this kind of allowance would be established with people being able to have a subdivision without following the subdivision rules.Other people could then claim the same kind of hardship. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 24 OF 45 Councilmember Eck commented if they want to put in all the septic tanks and water meters he would agree with her. Councilmember Dietz added it would also have to have a 6'block wall. Vice Mayor Surra commented she just wanted everyone else to understand that this is a unique situation.She would like to send this back to allow the applicant some time to work on this. Councilmember Durbala commented they needed to look at what is best for the community as a whole and what is best for the property owners.They need to look at what would be the easiest and the most financially prudent for both sides,and the most viable way.If the wall is torn down,more people could use it for ingress and egress,plus you would have to get the approval of the people on the other side of the wall in the trailer park. Vice Mayor Surra commented that would be if you are talking about the south side.She would like to give them some time to work this out so that it will be appropriate for everyone's use that is going in and out.She believes a continuance is in order and that Glen Van Nimwegen's suggestion may be amenable.They should be able to work this out and she would like to give them that opportunity. path seems the most logical. discussion and called for a motion. CONTINUE ORDINANCE NO.1123. Councilmember Dietz commented that Vice Mayor Surra closed the Councilmember Eck MOVED THAT WE City Clerk Kathleen Connelly stated the motion has to be date certain since this is a public hearing. There was general discussion regarding the time the applicant would need to bring this back before the REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 25 OF 45 council.It was learned that the other property is up for sale and this may have to be added into the sale contract.It was agreed between council and the applicant that it be continued to May 2. CONTINUED TO MAY 2,2000. Councilmember Eck MOVED THAT IT BE Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION STATUS OF DIRECTION TO STAFF PROJECTS )Assistant to the City Manager Michael Munroe briefed the council on this item.He commented the Direction To Staff Report was included in the packet.It details the incomplete items. There is a large number of items,some rather old,and staff would like direction as to whether any items are obsolete and if any of them are priorities. discussion. looking for priorities now. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 26 OF 45 Vice Mayor Surra opened the item to Councilmember Eck asked if they were Assistant to the City Manager Michael Munroe stated they are. Vice Mayor Surra suggested going down the list and determining whether it should be deleted,made a priority or whatever.The city sales tax on 2/21/95 looks to be obsolete right now.We are not looking at incremental reduction now. The remainder of the council agreed. Vice Mayor Surra continued with permitted uses,4 /18/95.This was land use in general rural,and this is currently being worked on in Development Services. Development Services Director Glen Van Nimwegen stated it is being worked on with the update. Vice Mayor Surra stated that one would be kept and lumped in with the Development Services problems.The development guide,5/16/95,would also go to Glen. Development Services Director Glen Van Nimwegen commented that would actually go to Public Works. Vice Mayor Surra commented this is part of the ordinance revisions that they are working on:i t is an ongoing project.Commercial zoning districts,8/1/95,she thought had been partially addressed.It disallows outdoor retail sales except for bulky products such as autos,legitimate swap meets and occasional sidewalk sales.She asked why that was still on there.The requirements for wall screening and landscaping have all been done.I t should be complete. Development Services Director Glen Van Nimwegen stated he believed this had to do with the continually open swap meets on Ironwood.Code enforcement advised them they had to meet the screening requirements and those swap meets went away. Vice Mayor Surra commented i t appears to be a completed item. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 27 OF 45 Development Services Director Glen Van Nimwegen stated i t could be ruled obsolete. Vice Mayor Surra commented it could be removed from the list.They will be looking at those issues when the ordinances are reviewed.The code compliance direction was heavily discussed last night and appears to be a big priority.She recalled having something come before council regarding the graffiti ordinance and asked if anyone remembered that. There was general agreement that i t is under legal review at this time. City Attorney Joel Stern stated he had completed his review and he believes it to be about 99% done.The Public Safety Department is drafting it and he believes they are close.He is unaware if it has been sent to the city clerk for her review. City Clerk Kathleen Connelly had not seen the draft as of yet. Vice Mayor Surra continued planned development,5/6/97,and commented they could probably take it off the list as i t is past the stage for this.She will expect to see it on the completed list next time.She read that a general study of planned development was to be returned to council in a reasonable amount of time.She did not think that 3 years was a reasonable amount of time and the council may have to set better parameters.The next item was suggested guidelines for planned development: she commented they had been receiving those in little bits and pieces and she is aware that Development Services has been working on this. Development Services Director Glen Van Nimwegen stated it would be entered on the priority list. Vice Mayor Surra continued with mobile home/RV park structures and recreational vehicle/travel trailer developments,11/18/97,to prepare for council at the earliest convenience a status paper that gives council the requirements.This is in regards to any structures added to any park residences.She recalled that was supposed to be REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 28 OF 45 presented back within a couple of months to look at drafting something.There is nothing in place as to what canbe added to structures. Councilmember Durbala commented he thought it was being left up to the zoning administrator to do some of that. City Manager Curtis Shook commented he recalled that it might have been park specific to reach compliance,but staff can research that. Vice Mayor Surra suggested putting a low priority on it but to not remove i t from the list. City Attorney Joel Stern commented i t states direction was given to not allow structures to encroach in public utility easements.A few months ago he drafted up an opinion to the city manager which involved public utility easements.He would say this assignment is complete. Vice Mayor Surra commented he gave an opinion. City Attorney Joel Stern stated he gave a legal opinion which became the policy for public utility easements and how manufactured home owners would be allowed to encroach into the public utility easement for an accessory building,an awning,or another type of structure fastened to the manufactured home. Vice Mayor Surra stated that may cover part of the issue,but she believes it also was to determine how the rooms that were added on were to be used;if they could be used for living or cooking. Councilmember Durbala stated it was for the different types of rooms and what they could be used for.We still have not seen that come back. Vice Mayor Surra stated i t had been park specific at that time. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 29 OF 45 Councilmember Durbala agreed,but added there have been other parks since that time that have added structures so there still needs to be something on the books to be used. Vice Mayor Surra commented that is what happens when there is no follow through to develop an ordinance or policy.Everyone thinks it must be okay.Whereas the setback portion may be complete,there still is a portion of this that is incomplete.I t needs to come into play with the guidelines Development Services is working on. Development Services Director Glen Van Nimwegen stated they would draft up a white paper that states where the policy has been.He understood from the attorney that they could not build in the easements. Vice Mayor Surra commented it was originally more than that. Councilmember Durbala commented the big part was building the extra room on the side of the park models.He believes this is still a high priority.More and more of them are being built. Vice Mayor Surra commented the people need to follow all the same regulations that any other housing unit has to follow regarding permits,inspections and everything else when they are doing any add-ons and remodeling.That was the direction which the council was going •in. Councilmember Durbala recalled that the biggest concern was that these areas not be used as a kitchen,that no cooking could be done in them.It would be alright to use i t as a guest room. A lot of these were originally built to be used as a cooking area,and that was the main thing the council was concerned with.It started with one original unit that overgrew its size before any realized what was happening. Vice Mayor Surra commented they do not write ordinances for individual things.I t is to be a total picture,and one of the issues was fairness. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 30 OF 45 Councilmember Durbala commented it also concerned setbacks. Vice Mayor Surra commented the owner who lives in a park has the same rights as a person in a subdivision or who has their own lot.They have to follow certain processes in order to remodel. Councilmember Durbala commented the original part also concerned these structures taking up part of their driveway.That park approached the zoning administrator who stated they could put that up legally. Vice Mayor Surra stated they do not need to discuss this again as long as staff is aware of what is needed. Councilmember Durbala stated this should be a high priority. Vice Mayor Surra agreed.Next was amending zoning regulations with regard to lot size requirements in residential zones,11/18/97;this was to be a list of planned development potential options as far as how a planned development could be reviewed. Development Services Director Glen Van Nimwegen stated he believed he understood where this one was going.He believed this one came back to council,went to the city attorney,and then he talked about it before.I t is a list of guidelines that would be used for planned developments to effectuate minimum lot sizes.The concern was they would be amending the underlining zoning requirements.They need to go back and amend all the zoning districts according to the city attorney,but that would only put them back where they were. City Attorney Joel Stern stated a new Article 15 was drafted,it went through many public hearings and work sessions,and it was then determined by management staff that the scope of the draft was too large.At that time it was put on hold. Vice Mayor Surra asked where i t should be placed. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 31 OF 45 Development Services Director Glen Van Nimwegen stated he would talk to Joel and see if there is another way of doing this so that there will be some ideas and criteria available in case someone else comes before them with a planned development.The city would be able to do something before the actual development. Vice Mayor Surra commented the zoning code has not changed.She started the next item,2/17/98,and it needs to be on the priority list.They are getting a lot of complaints on that so they need to get something done on that.The next item was crime -free multi- housing program,7/7/98. Councilmember Urich commented she would like to see the crime -free multi -housing program take a priority. Vice Mayor Surra asked if this is the one regarding the landlords that the city attorney brought in to talk to the council. City Attorney Joel Stern stated that is correct.Mr.Zering from Mesa came in and gave a presentation,with every council member receiving a copy of the Mesa booklet. Vice Mayor Surra asked if Public Safety was working on that. Lieutenant Steve Francis stated they were working on it. Assistant to the City Manager Michael Munroe stated he had discussed this with the police chief and i t is believed this is almost ready for implementation in the first quarter.They are on track. Vice Mayor Surra commented the first quarter ended on the 31st of March. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 32 OF 45 Councilmember Durbala commented this is actually the third quarter of the fiscal year.He means the first quarter of the fiscal year. Councilmember Urich commented they are not then on track. Vice Mayor Surra stated it was due in January 2000.She suggested they move that onto the completed list.Next was business license fees,8/4/98,and she asked if the review of the fees had been completed. City Clerk Kathleen Connelly stated she still needs input from the tax auditor.His input is critical.The city is at the same level of business fees since 1980.If the expectation is that the program is to pay for itself,i t is not doing so. Vice Mayor Surra asked if there is a possible due date for the next update on this. City Clerk Kathleen Connelly stated it may be ready by the first meeting in June. Vice Mayor Surra stated they will leave it on the list and update the due date.Next was special events fees, 8/4/98.She asked who was working on that. City Clerk Kathleen Connelly stated this is the special events section that is under the business license office. Vice Mayor Surra asked if it was still under the business license office and not Parks and Recreation. City Clerk Kathleen Connelly stated i t is under both. Councilmember Eck commented the part that is being reviewed is the part under the business license. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 33 OF 45 City Clerk Kathleen Connelly stated she has had discussions with Jeff Bell considering renaming one of them to avoid any further confusion.This should also be ready for the June meeting. Vice Mayor Surra commented they would put it down for returning to council at the first meeting in June. City Clerk Kathleen Connelly stated there is a lot of interest for various groups not to be regulated. Councilmember Durbala asked if this was including increasing the charge for hiring police officers for special events. City Clerk Kathleen Connelly stated it does not. Vice Mayor Surra continued with the Uniform Building Code,10/19/98;she believed Dennis Dixon had been before council with this a few times. Development Services Director Glen Van Nimwegen stated this concerned grading and revegetation.They have already adopted the grading portion of it and they were to return with ,a revegetation ordinance.He recommends they incorporate this into a desert preservation ordinance as part of the Land Development Code.The most recent Uniform Building Code update will be seen shortly. Vice Mayor Surra continued with the city council liaisons.The mayor is supposed to give some input on this.She moved on to the development fee offsets,giving developers credit for certain off site improvements,which requested the ordinance be updated to reflect state law. City Attorney Joel Stern stated part of that has been done.A confidential memo was sent on discretionary authority,and they are looking at updating the entire development fee ordinance.He is attempting to get some information from Bill Farrell,but he does not have a full copy of the changes. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 34 OF 45 Vice Mayor Surra asked if he wanted to give them a due date for an update. City Attorney Joel Stern asked her for a due date. Vice Mayor Surra stated she wanted to be sure they could fit i t into his schedule and their schedule. City Attorney Joel Stern asked for Vice Mayor Surra suggested the City Attorney Joel Stern commented to give them a due date for an update. for a due date. another 90 days. second meeting in July. that would be fine. Vice Mayor Surra stated it would stay on the list with the due date updated.Next was Ordinance No.940, 3/2/99;she thought i t had already been amended.She thought this concerned the use of combination rather than all block walls. Development Services Director Glen Van Nimwegen stated it was discussed but the ordinance was never brought back. It could.be brought back as an ordinance or they could address i t in the overall overhaul. Vice Mayor Surra suggested doing it with the overhaul of the code.They already have things in,place,on the walls andthey have been allowing variances on the wall design.Next was -the CRS study for the redevelopment district,4/6/99;she commented she thought i t had already been contracted. Development Services Director Glen Van Nimwegen .stated i t is ongoing.I t has been delayed dueto aAitagreement with the State of Arizona.There may be additional work that has to be done regarding proving the income of the'people in that area.They are meeting later this month and will hopefully get that ironed out. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 35 OF 45 Vice Mayor Surra asked when they would have an update from him. Development Services Director Glen Van Nimwegen stated they could have one by the end of this month. Vice Mayor Surra suggested putting the update down for early May.Next was security measures,5/4/99,dealing with internal security measures on the complex,including badges.She thought they were already working on that.She asked how complete that is. Assistant to the City Manager Michael Munroe stated there is a policy in draft form that has been presented at a staff meeting for their review and it should be returned soon. Vice Mayor Surra commented it sounds like additional meetings will be needed;she suggested no due date but that i t cannot come off the list. Assistant to the City Manager Michael Munroe stated they would bring it back as soon as they can. Vice Mayor Surra continued with the Arizona Preserve Initiative,5/18/99,and advised that Councilmember Durbala has more information on that. Councilmember Durbala stated he will be able to give them a lot of information on that. Vice Mayor Surra commented he would be giving them information they could utilize next week. Councilmember Durbala commented he still believes this should come back from Parks and Recreation. Vice Mayor Surra stated they would not put any kind of update on them until all this other information becomes available to them.However,i t is a priority due to its possible impact on future planned developments.Nest was the low income tax credit,6/15/99. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 36 OF 45 Development Services Director Glen Van Nimwegen commented there is a number of directions here.They have done two-thirds of them.The only part that is remaining is he had presented the item in draft form and they wanted to see i t in more detail.This could probably be cut down to having to develop the criteria. Vice Mayor Surra asked if he wanted to make this separate from his other laundry list.She believes i t should come back separately. Development Services Director Glen Van Nimwegen suggested a due date of the first meeting in May. Vice Mayor Surra commented they would look for it then.Next was the boards and commissions,8/3/99:that will be put on the back burner as that is a council problem.They have to work with the city clerk regarding the relevance of the boards and commissions. City Clerk Kathleen Connelly stated she had received some information back from some of the departments but not all of them. Vice Mayor Surra stated she needed to talk to the mayor about this and have him assign a date.Next was the city sales tax research,8/3/99,compiling a report on comparisons with other cities,she asked if the tax auditor was also working on this. City Clerk Kathleen Connelly stated this is on a use tax.I t is not a sales tax. Vice Mayor Surra asked that this item be renamed. Assistant to the City Manager Michael Munroe stated he would. City Clerk Kathleen Connelly stated the tax auditor has greater insight into this area and she has asked him to item be renamed. Michael Munroe stated he would. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 37 OF 45 compile a comprehensive report.He did work for the Department of Revenue and he is very familiar with it.There are many options in the use tax category. Vice Mayor Surra asked if that could come back at the same time as the business license information. i t is a separate issue from licensing. be brought back at the same time. City Clerk Kathleen Connelly stated Vice Mayor Surra asked if they could City Clerk Kathleen Connelly agreed. Vice Mayor Surra stated he would be working on both of them so it would have to be when he is ready.She continued to the rezoning process and asked if that would be coming from Development Services. Development Services Director Glen Van Nimwegen stated this came from a specific case where there were some multi -family lots and they have to go through the rezoning process to get a single family home on the lot.It was suggested the city rezone the area,but there was disagreement on this and it was determined the city should tell the land owners.He did not recall getting a clear direction on what staff was supposed to do,such as mailing a notice. Vice Mayor Surra stated she recalled them saying they were to mail a notice to the property owners.They were to be surveyed to see if there was any interest. Councilmember Urich commented they were to let them know what the process was. Development Services Director Glen Van Nimwegen stated it was not clear to them. Vice Mayor Surra asked if it was clear now. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 38 OF 45 Development Services Director Glen Van Nimwegen stated it is now clear. Vice Mayor Surra continued with the Veterans'Day Parade,10/19/99,would be a priority due to its taking a lot of planning.She is aware it is kind of complete,but it will be ongoing year after year.She believes there is an issue about being able to lower the flag to half mast on Memorial Day. City Attorney Joel Stern commented that goes along with the next item which is the Trail of Flags. could be lumped together. should be separate. Vice Mayor Surra asked if these Councilmember Urich believed they Public Works Director Doug Dobson stated the Trail of Flags should be complete as the sleeves are already in. Vice Mayor Surra stated that does not mean that they have been allowed to fly the flags at half mast. City Attorney Joel Stern stated that issue will be brought up at a meeting with the Veterans of Foreign Wars, Public Works and Jeff Bell. Public Works Director Doug Dobson stated that would be on April 13. City Attorney Joel Stern commented he believed Bob Warner would also be at that meeting. Vice Mayor Surra stated they should be hearing about the meeting so they know what is going on and they can schedule something.She asked if Public Works would be working on this. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 39 OF 45 Public Works Director Doug Dobson stated he would. Vice Mayor Surra stated she thought the 10/19/99 one was done. Assistant to the City Manager Michael Munroe stated that item is complete:i t is a two part item.The city attorney came back and amended the section of the city code,but the item is to return in three years with an updated version suggested by the city clerk. Vice Mayor Surra stated i t should be taken off the list and have a tickler reminder.She continued with next one, stating it has also been done.This is the policy for council expenditures. Assistant to the City Manager Michael Munroe stated that has been broken into two sections.The first one the city attorney has worked on and sent a confidential memo to the city council.The second part was for staff to prepare a report on how the budget can be used and some procedures therein.That should be coming back to you shortly. be back in time for the budget. Michael Munroe stated that is correct. Vice Mayor Surra asked if it would Assistant to the City Manager Vice Mayor Surra continued with 11/2/99 item,stating she believes that is part of those two together. Assistant to the City Manager Michael Munroe stated that is correct. Vice Mayor Surra continued with solid waste collection and asked Michael Munroe for the status. Assistant to the City Manager Michael Munroe stated this required a lot of research to find out the current REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 40 OF 45 practices in the area of waste collection.The direction also included the enforcement of the current ordinance.There have been staff meetings involving all the affected departments.They are putting together recommendations to bring back to council for consideration.This should be coming back soon. Vice Mayor Surra asked for a due date. Assistant to the City Manager Michael Munroe stated he believed it is slated for one of the meetings in May. Vice Mayor Surra asked if the zoning code was part of Glen's list. Councilmember Durbala commented there is one that is not on here that was brought up a couple of times. Vice Mayor Surra asked what one that was. Councilmember Durbala commented it was the one regarding user fees or increasing the fees for Parks and Recreation programs for people living outside the city. part of the use tax on 8/3/99. a different one. he is talking about user fees. would be for programs. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 41 OF 45 Vice Mayor Surra asked if that was Councilmember Durbala stated that is City Clerk Kathleen Connelly stated Vice Mayor Surra commented this Councilmember Durbala stated that is correct.This is for fees for outside residents.I t has been sent back to staff a couple of times. City Clerk Kathleen Connelly could not recall any direction being given to staff on that item. Councilmember Urich could not recall any. Councilmember Durbala stated he thought there was,and that it was voted on to send it back. Councilmember Insalaco agreed. Councilmember Urich recalled discussing it but she did not recall sending it back. Vice Mayor Surra recalled having a work session on it but she does not believe any direction was ever given to staff.It may have been assumed since the council was in close harmony on that. Councilmember Durbala suggested putting it on the next meeting's agenda. Vice Mayor Surra stated they could then give direction to staff on that item.The remaining items have been completed.She asked Michael Munroe if he had any problems understanding where they are on the list. Assistant to the City Manager Michael Munroe stated it was clear.They will provide a chronological report of all complete and incomplete items as requested by council,make all the updates to this report tonight,and provide quarterly updates on the items. He commented they would also capture those items where the council gave direction even though it did not appear under the Direction To Staff items. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 42 OF 45 Vice Mayor Surra closed the discussion and called for a motion. Councilmember Durbala MOVED THAT STAFF UNDERSTAND THE DIRECTION AND TIME DATES THAT WE PUT DOWN ON THE ITEMS AND BE APPROVED. Councilmember Insalaco 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,APRIL 17,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 18,2000,IN THE CITY CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra announced that Councilmember Durbala will be giving a report the next time we meet. Vice Mayor Surra reminded everyone of the Relay for Life Weekend,April 14-15, for the Cancer Society. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 43 OF 45 ADJOURNMENT )Vice Mayor Surra adjourned the meeting at 10:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 21,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Public Works Department;Jeff Bell; Jay Reynolds. 4.Approval for request to purchase small pickup truck at a cost of $11,684.26 to supplement the motor pool fleet.(Funding is available in the FY 1999-2000 City Operating Budget to purchase a small pickup truck from the vendor approved by the State of Arizona Procurement Office.) 5.Approval for request to purchase a police patrol vehicle at a cost of $20,659.00.(In the FY 1999-2000 City Operating Budget,three Crown Victoria police cars were earmarked for purchase and have been ordered. An additional patrol car is needed,and funding is available in the FY 1999-2000 City Operating Budget.) 6.Approval of Bid Award for Project PW 2000-04,installation of Phelps Drive sidewalk from Broadway Avenue to south of Apache Trail.Staff is recommending award to the lowest responsible bidder in the amount of $20,310.00. 7.Authorization for Public Safety Department to purchase a digital logger/recorder at a cost of $60,803.73 for use with the new city telephone system.(An amount of $60,000 was budgeted for this item in the FY 1999-2000 non -departmental budget.The remaining $803.73 will be taken from the Public Safety Department budget.) ACCEPTED THIS 18TH DAY OF APRIL ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 44 OF 45 SIGNED AND ATTESTED TO THIS 18TH DAY OF APRIL ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,2000. 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 4th day of April,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of April,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 4,2000 PAGE 45 OF 45