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HomeMy WebLinkAbout2000-05-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 2,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on May 2,2000,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 7:10 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Council ember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present: (Councilmember Dietz was absent). City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen •REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 1 OF 40 Others Present:Assistant to the City Manager Michael Munroe Community Relations Mgr.Patrick Brenner Associate Planner Rudy Esquivias Associate Planner Paul Michaud ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE FOLLOWING CITY EMPLOYEES BE RECOGNIZED FOR OUTSTANDING SERVICE TO THE COMMUNITY:THE COMPUTER SERVICES STAFF AT THE LIBRARY;VICTIM'S ASSISTANCE COORDINATOR JUDY ROBLES;PLANS EXAMINER/BUILDING INSPECTOR PHIL CAROTHERS;THE BUILDING DIVISION:DENNIS DIXON;AND THAT RESOLUTION NO.00-11,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AN APPLICATION TO THE GREATHER ARIZONA DEVELOPMENT AUTHORITY FOR TECHNICAL ASSISTANCE PURSUANT TO TITLE 41,CHAPTER 10,ARTICLE 8,ARIZONA REVISED STATUTES,BE APPROVED, Councllmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Community Relations Manager Patrick Brenner introduced the past 33 graduates of the Citizen Leadership Institutes given in 1998-1999 and 1999-2000.A group picture was taken for the newspapers.Vice Mayor Surra read the list of graduates.The third class will begin in early fall,possibly in November. Mr.Richard Fairbanks of Mediacom gave a presentation on the status of the cable TV system.They now have a new office in the Arroyo Hermosa Plaza,thus giving them a local office and local phone number.They should be moved in as of May 5,and should be taking all of their phone calls there in another month.The system upgrade is a little bit behind where they hoped to be at this point,as they have been having problems getting design maps.However, they believe they will be finished ahead of schedule and possibly be done by September 2000.They will have more channel capacity and be able to offer other channels.They will be able to offer high speed Internet service REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 2 OF 40 through cable modems to selected areas of the city within about 60 days.A digital service will be offered:i t is currently available on a very limited basis.He commended city staff for the new look on the informational channel. Councilmember Eck asked when pay -per -view would be coming in.Mr.Richard Fairbanks stated i t is available now through the digital box,but they only have a limited number of those boxes available at this time.More should be in shortly. Mr.Frank Page of the Veterans of Foreign Wars presented an award for meritorious and distinguished service to Public Works Director Doug Dobson for his help in making the fishing tournament a success. Mayor Coleman read a proclamation recognizing May 21-27,2000,as National Public Works Week.He presented the proclamation to Public Works Director Doug Dobson. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He commented on the new language on the agenda reference the consent agenda.He does not feel financial considerations should be on the consent agenda;any kind of financial involvement should have a public hearing.He would still like to see the Capital Facilities Plan go to public vote.He commented that if the city has various advertisements and presentations on the government channels, and the public is paying for a portion of what Mediacom does,than the public should have the ability to have an editorial or presentation on the channel. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council. He described statements made by the council that he believed to be inaccurate regarding the Capital Facilities Plan.He believes many people do not want the development,fearing higher taxes and additional development.The skateboard park is costing the city three times as much per capita as the ones built for Gilbert and Chandler:it has been reported in the newspaper that there are only 300 expected users of this park.He has been called selfish, however,he lives on the south side of the city and would benefit from the police station and the park expansion/pool.As he spends a lot of time at city hall,he believes there are few people who will benefit more than him from it other than city employees.He uses the library at least twice a month.He stated the council is concentrating on the benefits to the users of REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 3 OF 40 these facilities and dismissing the costs to the citizens as a whole.He commented he is not surprised that the negative comments center around the cost of the plan,as few will complain about benefits.He stated the cost of the plan is .2%in sales tax,plus $6,000,000 in surplus,plus $600,000 per year in operating costs.He calculates this to be an actual sales tax increase of .6%.The city already has one of the highest sales tax rates in the valley.This causes the poor to give more of their income then those who earn more.The regressive nature of the sales tax is compounded on renters. He urged the council to look for another way to finance the Capital Facilities Plan.He commented the legal threat to the councilmembers if they allow this plan to come to a vote could be removed if the plan is modified in one of three different ways.The first would be to make the sale of the existing building part of the plan.The second is to issue a small amount of one-year property tax bonds to help finance the plan.The third is the city currently operates under exemption from spending limits under the Arizona Constitution; the limits need to be voted on again and since the plan would contribute to the need,it would then be a vote on the plan.He commented about his analysis of the survey that he had given to the council earlier in the evening,stating i t shows much less support for the plan than council asserts. Ms.Lois Potts,481 S.Olmo Circle,Apache Junction,addressed the council. She was there regarding the wall separating the Sierra Entrada tract and the Crossing Apartments.She read a petition signed by a number of the Sierra Entrada residents.There is supposed to be a 6'wall,but dirt was added on side of the apartments,making it only 52"high in some areas.People are able to look into their yards and homes.Accordingly,property values have been reduced.The builder stated he would not fix the wall.They are filing a complaint with the registrar of contractors.In addition,mature landscaping was not planted.She added that Becky Marshall has a poor wall repair on her side.The mortar was very sloppy.She told the worker not to paint i t until it was redone properly,and he did so when she was not around. Ms.Darlene Weverka,452 S.Higo Circle,Apache Junction,addressed the council on the same item.She bought there because she was told there would be a 6'wall there and she would be able to keep her children safe.She does not feel safe with people looking into her yard.An apartment resident has spoken to her son on the other side of the wall,and i t scared him.Anyone who walks through there has full view of her yard. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 4 OF 40 Ms.Becky Marshall,435 S.Olmo Circle,Apache Junction,addressed the council.The wall was supposed to be erected for security,from the Sierra Entrada residents'standpoint and from apartment dwellers'standpoint. Children from the nearby subdivision come down and scale her 4'wall in back and go over to the apartments and play,and then they jump back to go home. She can see adults'heads as they are walking down the sidewalk.People in their pick-up trucks can look over the wall.The privacy and security issue has not been served.She believes one more layer of block will solve the matter,but they will not do it.They actually dropped down one layer of block on her property.She did tell them not to come into her yard and finish the gate until they had repaired the masonry.They took out her gate,blocked i t up,and when she came home it was painted. Ms.Darlene Weverka stated she lives at the far west end of the subdivision. They can see people from the waist up as the ground is much higher there.She had thought they were walking on a flat bed trailer when they were doing the construction or she would have dealt with i t sooner.One more layer of block will not help them.They need another 2'to 4'of fencing. Mr.Jim Stuckey,10147 E.Petroglyph Place,Mesa,the dean of the Superstition Mountain campus of Central Arizona College,addressed the council.He was there on behalf of the Focused Future program.They have had a wonderful citizen response and great support from the city staff.They have established a strong partnership with Arizona Public Service,which has provided clean up materials at the employee picnic and the chili cook -off.He briefed the council on the organization of Focused Future and their objectives and projects.He also requested a list of the leadership graduates so he could add them to their list. CITY MANAGER'S REPORT City Manager Curtis Shook stated the leadership institute has been one of the city's better programs.Interested citizens are taught more about local government,and i t provides a good pool of individuals who may take part in some of the boards,commissions or other programs.Another program that is important is the neighborhood association program.There are three meetings set up in May,and they involve Renaissance Park and Arroyo Verde.These meetings represent new neighborhoods so it will be new communication with those residents.He also touched upon several bank robberies in the community that have occurred recently.He praised the police department for their REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 5 OF 40 apprehension of the suspect.He asked Chief Warner to brief the council on the events. Chief Robert Warner stated the city had its first bank robbery since his arrival in the community.It occurred two weeks ago at Bank One.He observed the hard work of the police department employees during their investigation. Last Thursday afternoon there was a second bank robbery at the Bashas'store. He again observed the dedicated efforts of the police department employees in their processing,securing of the scene and the interviewing of witnesses, plus the following up on information.They received a break later that evening and tentatively identified the suspect.They determined a suspect vehicle,and Commander Brian Duncan assigned his detectives to look for the suspect in areas he was known to frequent -even outside the city.Early Friday morning Commander Brian Duncan observed the vehicle at a motel in Mesa. He called other agencies for assistance and the suspect was apprehended without any injury to anyone.He was also involved in other robberies and has been turned over to the Federal Bureau of Investigation as their guidelines for sentencing are stricter than those in Arizona.The suspect has confessed to all the bank robberies.It was a combination of good police work,leg work and being there at the right place and time. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR SUPERSTITION SKIES BAR & GRILL )City Clerk Kathleen Connelly briefed the council on the item.She commented there are reports from the fire district,the police department and the zoning office.The applicants were notified of tonight's hearing and may be present. Ms.Lisa Welch,6544 E.Portia Street,Mesa,addressed the council for any questions. Councilmember Durbala asked if the business had been sold again. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 6 OF 40 Ms.Lisa Welch stated i t had.They took over on March 17. Councilmember Eck asked if there had been construction concerns with this business. Vice Mayor Surra stated there were. She asked if Todd Welch would be spending ten hours at the business. Ms.Lisa Welch stated both of them have been spending at least ten hours a day there. Vice Mayor Surra asked if there were any amendments to the questions previously answered by Mr.Welch on the application regarding his history of traffic violations that were alcohol or drug related. Ms.Lisa Welch stated he completed what he needed to do for that. Vice Mayor Surra asked if he had completed the classes for anger management. Ms.Lisa Welch stated he had. Councilmember Eck asked if she had been in front of the council before on this issue. Ms.Lisa Welch stated she had not. Vice Mayor Surra stated they just look like the last two applicants for this business. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any further council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,PARTNERSHIP,SERIES 6 REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 7 OF 40 LIQUOR LICENSE SUBMITTED FOR SUPERSTITION SKIES BAR & GRILL BE RECOMMENDED FOR APPROVAL TO THE ARIZONA STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:5-1 (Vice Mayor Surra voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1123/PLANNED DEVELOPMENT MAJOR AMENDMENT CASE PZ-01-00/ BARBER )Associate Planner Rudy Esquivias briefed the council on the item.The applicants are requesting to amend their planned development originally approved for a 12 lot subdivision,located at the northeast corner of Ironwood Drive and -the Smoketree Street alignment. The property is 2.5 acres.He gave a brief history on the property and area. The applicants would like to create 3 lots out of their acres.The issue is the location of the private access easement.Staff is concerned about locating i t on the north side because i t is immediately adjacent to the other private access easement for the neighbors.This is a potential traffic hazard.Locating i t on the south would also cause a problem as a private drive for Apache Gardens is located there.At the last meeting,council seemed to prefer the applicant and the neighbors to the north splitting an easement.This will require cross access agreements which would be with the land perpetually.Council directed the applicant to contact his neighbors on this issue.Associate Planner Rudy Esquivias drafted up a document used to create cross access agreements.This is not an official document;i t puts the neighbors on notice as to what is wanted and how it will work.Mr.Barber took the document to his neighbors and they have all agreed to i t and signed the document.The official document will drafted with the future resolution. He commented Stipulation Number One was reworded to reflect this change.I f the ordinance is passed,the motion should include that as well. Councilmember Eck asked how this access will be done since the current road is at an angle. Associate Planner Rudy Esquivias stated the pavement IS at an angle.The road starts out where i t is supposed REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 8 OF 40 to be on Ironwood,but as it travels east i t slants southerly.A good part of this easement is already on Mr.Barber's property. Councilmember Eck asked if they would be doing just the 28'on this property and if it would have to be paved. Associate Planner Rudy Esquivias stated it would have to be paved and the 14'for the north side is probably already paved.Mr.Barber would have to pave his 14'of easement.He will have to put in the paving on his side of the property. Mayor Coleman asked what the city is losing or gaining with this property not going through the subdivision process. Associate Planner Rudy Esquivias stated if it had been approved as a subdivision,all the improvements on Ironwood would have been required,on site water retention areas would have had to be created,and landscaping on Ironwood would have been required.I f they had done a TH zone,they could have created smaller lots. Councilmember Durbala commented that would have only been half of that planned subdivision. Associate Planner Rudy Esquivias stated that was correct. Councilmember Eck asked if this was the property with the abandoned septic tanks and water meters. Associate Planner Rudy Esquivias stated that was correct.There are also utility easements recorded without anyone's knowledge.The previous owners put things in ahead of time before putting in the subdivision. Councilmember Eck asked if those septic tanks would ever be able to be used. Associate Planner Rudy Esquivias stated they would have to be abandoned. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 9 OF 40 Councilmember Eck asked about the seven or eight water meters. Associate Planner Rudy Esquivias stated he believes there were at least four. Mayor Coleman asked the applicant to address the council. Mrs.Brenda Barber,1847 N. Ironwood,Apache Junction,addressed the council.She commented her husband was out of town in New Mexico.She had nothing further to add to the presentation. Vice Mayor Surra commented the applicant has really shown tremendous effort to try to resolve the situation. The council recognizes they really had to do something in order to get compliance with all of the neighbors.She believes this will be the best and most safe solution for the area.She does not believe the subdivision would have benefited the city as this will keep the lot sizes larger. Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He asked if the agreement will give permission to travel on the easement that is on each other's lot. Associate Planner Rudy Esquivias stated that was correct. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1123 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 10 OF 40 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1123,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH STIPULATION NUMBER ONE. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra thanked Associate Planner Rudy Esquivias for drafting a document to assist with the process. PROPOSED ORDINANCE NO.1124/CASE PZ-00-02/ REZONING REQUEST BY LOIS MCKNIGHT FROM GR (GENERAL RURAL)TO CR-3/MH/PD (SINGLE FAMILY RESIDENTIAL MANUFACTURED OR CONVENTIONAL HOMES ALLOWED BY PLANNED DEVELOPMENT )Associate Planner Paul Michaud briefed the council on the item.The applicant would like to create 3 lots,2 at about 8,000 sq.ft.and the remaining lot would be about 23,000 sq.ft. Rezoning and splitting this lot would remove the current horse and animal privileges of the general rural zone;this site is currently taking advantage of that.The applicant is requesting a planned development and will later request an administrative lot split.She does not wish to provide any additional off site improvements other than the existing improvements on Shiprock and Warner which are adjacent to the property.She also does not wish to provide any amenities typically required with a planned development. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 11 OF 40 The applicant is basing her application on the claim that there are currently some of the same configured lots in the area as those that are being proposed; and that the area does not have complete off site street improvements now. There are a lot of 1.25 acre and .5 acre lots in the general area.Staff made an alternative recommendation in the Planning and Zoning staff report to rezone to CR-2;this would allow a minimum lot size of 20,000 sq.ft.with no option for reduced lot size.Staff and the commission did make a recommendation to rezone to R1-8/MH,which has a minimum lot size of 8,000 sq.ft.The area has a medium density designation in the general plan.Street improvements are required for any medium density designation with lot sizes under 20,000 sq.ft.The plat process is the only mechanism for the city to require the street improvements.The site has some accessory structures.The side yard setback of the home is currently at 15',the GR zone requires 20'. There was some discussion on a 16'x 16'shed attached to the house,the question being whether i t had been permitted.The applicant has records showing it was permitted,but i t is unknown if it was inspected.The commission recommended a rezoning to R1-8/MH with six stipulations,which he described. Councilmember Eck commented he is confused on this project.He has never seen a planned development on an 1.25 acre TH.I t looks like something done fifteen years ago.He is concerned that the council is giving the wrong impression that this can be done. Associate Planner Paul Michaud stated there are zoning districts that allow minimum lot sizes. Councilmember Eck commented the minimum lot size is 20,000 sq.ft. Associate Planner Paul Michaud stated that was correct unless you go through the subdivision process. Councilmember Eck commented this is not a subdivision. Associate Planner Paul Michaud stated it would have to be rezoned,usually concurrently with the final plat. The applicant wanted to address it through a planned development to actually REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 12 OF 40 waive having to complete street improvements or through a final plat and go through an administrative lot split.A concurrent case is not required. Councilmember Eck commented i t confused him that the concept could even be out there. Councilmember Durbala asked about the wash. Associate Planner Paul Michaud stated there is an existing wash on the property,but the property is not in a designated flood zone.The wash can be meandered in as long as they do not change the entry and exit points. Councilmember Durbala commented i t looks like they plan on changing i t and running it across the back two properties quite a bit.It would be just a corner of parcel C,but it would be almost a quarter of the way through parcel B. Associate Planner Paul Michaud showed the path of the wash on the overhead.They should be able to set a home with its setbacks and still stay out of the wash. Councilmember Durbala commented he does not think this is something the council wants to start. Vice Mayor Surra asked what the city is getting in the way of trade-offs for this planned development.There are no increased street improvements.There is no extra landscaping.There are no recreational amenities. Associate Planner Paul Michaud stated she should discuss that with the applicant.He commented if the applicant only wanted to split the lot in two,it would be an administrative lot split and those requirementswould not come into play. Councilmember Eck commented that would fit the medium density area. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 13 OF 40 Associate Planner Paul Michaud stated that was correct.This rezoning does as well as i t is only 2.4 dwelling units per acre. Vice Mayor Surra commented i t does not meet the setbacks for the building that is already there. Associate Planner Paul Michaud stated the building does not meet the current setbacks of the general rural district.Any other rezoning would correct that. Vice Mayor Surra asked if there was a breezeway between the two buildings. Associate Planner Paul Michaud commented the commission also discussed that.They are attached. Vice Mayor Surra asked if this attached addition should have a fire wall and should have been inspected. Associate Planner Paul Michaud commented that is the reason for the first condition.I t is unclear if it had a permit or had been inspected:but i t is believed to have had a building permit.The older city records have been destroyed so there is no record of the permit or inspections. Vice Mayor Surra commented it would still have to come up to code. Associate Planner Paul Michaud stated it would either have to have a building permit or be inspected,and that would be council's choice. Vice Mayor Surra commented the little shed is no longer there. Associate Planner Paul Michaud stated that was correct. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 14 OF 40 Vice Mayor Surra asked if they could have a drawing of what this property really looks like. Associate Planner Paul Michaud asked what it was in regards to. Vice Mayor Surra stated the little shed is gone and the other shed is really attached.She wanted a more accurate depiction of the property. Associate Planner Paul Michaud commented this is a conceptual drawing and they might want to talk to the applicant. Mayor Coleman requested the applicant address the council. Mr.James Hicks,5610 W.Sundance Drive,Queen Creek,addressed the council.He stated the wash does not touch lot C at all and only touches the corner of lot B.It will not be disturbed in any way.I t comes in very close to the center of the property on the east side and exits on the south side on the west.In regards to what the property owner is giving to the city,she is giving 33'on two sides to the city,plus giving them a 200'cut site corner.That is a large amount of land when 1.25 acres is being looked at.They are easements and the owner will be welcome to use it,but the owner is willing to grant that.He commented there has been a lot of talk about urban sprawl,and land being divided up for better usage. He believes this project is very feasible for the city.There are no improvement costs to the city and it picks up two more pieces of property on a tax base.The neighbors will be happy to have the horse property eliminated. There is very little horse property left in that area.He lives in Queen Creek on horse property and believes horse property should be 6-10 acres minimum.This property is in a town,not in the country.The lot should be used for city living.He does not think downtown Apache Junction is rural America.He urged the council to look at that strongly. Councilmember Eck asked what is planned for the property if they get the three lots like this. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 15 OF 40 Mr.James Hicks stated the two smaller lots will be sold to manufactured homes. Councilmember Eck asked if they were told their alternatives when they came in to apply. Mr.James Hicks stated the land splits were explained.They were encouraged to do this at 7,000 sq.ft,which is why it was drawn at 60'. Councilmember Eck commented he doubted they were encouraged as one of these has not been done with less than 20,000 sq.ft.in over 11 years. Mayor Coleman asked who had encouraged them. Mr.James Hicks stated he did not have all the information with him but he does have it written down.The idea was to make i t into three lots as proposed.At one of the work sessions,the discussion was for a minimum of 8,000 sq.ft.lots to go to a different zoning. This was agreeable. Councilmember Eck asked him if he was aware that the city in 1990 changed the minimum lot size to 20,000 sq.ft. in this area. Mr.James Hicks stated he was not aware of that.It was never explained to him:if it had been,they probably would have been run off before this. Councilmember Urich commented with the lots being only 60'wide,i t is almost like a tunnel going through there. She is surprised it would be proposed like that.She asked him if he thought there should not be any horses within the city limits of Apache Junction. Mr.James Hicks stated that is a personal feeling.He grew up on a large piece of ground.He does not appreciate taking an animal that should be out in a field and putting i t in a pen to be taken out once a month and ridden.I t is their privilege if they REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 16 OF 40 have the zoning to do that,but he feels i t is like keeping a dog in a kennel all of its life.He feels it 'is cruel and that 1.25 acres is too small for a horse. Councilmember Urich commented she personally likes the horses within the city limits,plus the general rural, plus the 1.25 acre so that they can have a horse here. Mayor Coleman opened the public hearing on the item. Ms.JoAnn McMoran,1464 N.Warner, Apache Junction,addressed the council.She was elected by the neighborhood to be the spokesperson tonight.There are eight of them here tonight that live all around the property.Two couples were unable to make i t due to having to work.They would like to have i t on record that they would like to see this passed.The lot should at least be divided into two lots.They would like to have the animals out of there.She personally does not believe horses should be in the city limits. Mrs.Sherry Cheatum,1367 N.Warner, Apache Junction,addressed the council.She commented Ms.McMoran spoke for them;they live across the street.She is not proud of where she lives and she wants to be proud of the neighborhood she lives in.She added the applicant wants to change her way of life as i t is too much to take care of. Ms.Peggy Sherrizzi,2945 W. Shiprock,addressed the council.They live behind them and they would prefer it to be split into two lots. Ms.Gerda Luck,1486 N.Warner, Apache Junction,addressed the council.She commented the others had already said everything for her. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented there are happy neighbors here.Several people believe the idea is good,and the gentleman talking about sprawl was right on track.We need more infill.He commented he has seen worse proposals come before the council that got a lot more REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 17 OF 40 consideration than they have shown in the first few minutes here.Happy neighbors is a good start. Councilmember Eck commented the precedence for this area is,if a lot running lengthwise to the road is to be split,i t has been split into two lots,not three.He added you cannot put in an access road to the middle part of it if it only runs 165'to the road. Mr.James Hicks commented it would not have to have an access road as there is access off of Shiprock. Councilmember Eck commented this is one of the few lots left that can be split. Mr.James Hicks stated that is correct.It would not have been worthwhile if they had been required to put an easement on it. Councilmember Eck commented he believes they have only approved two lots at 20,000 sq.ft. Mr.James Hicks stated i t is not cost efficient to take a lot like that and split i t in half. Councilmember Eck commented he is trying to give him the opportunity to consider the CR-2 zoning. Mr.James Hicks asked if that would be to make them 20,000 sq.ft. Councilmember Eck stated that is correct. Mr.James Hicks stated he did not think it was feasible.He would consider i t if it was an inside lot with no access to it.The sewer runs down Shiprock so there is access without easements,and the other utilities run down the south end of the property.I t is easily divided up.They will be wider than 60'in order to make them 8,000 sq.ft. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 18 OF 40 Councilmember Insalaco asked who lives on the property where the buildings are,and if the horses are there. horses on the whole property right now. owns the horses. does. would happen to the horses. have to go to a stable or be sold. Mr.James Hicks stated there are Councilmember Insalaco asked who Mr.James Hicks stated the landowner Councilmember Insalaco asked what Mr.James Hicks stated they would Councilmember Insalaco asked if the only piece of horse property left in that neighborhood is behind parcel 28. Mr.James Hicks commented he believed i t is. Associate Planner Paul Michaud commented all the GR lots are horse property lots. Councilmember Insalaco commented he could see this lot being taken away,and others would then follow.He could see splitting this down to two lots,but not three. Councilmember Durbala asked if there was any way they would split the property into two lots.The council is being told it will be three lots or the owner is not going to do it. Mr.James Hicks stated that is correct. Vice Mayor Surra asked him to clarify that the applicant/landowner owns the horses. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 19 OF 40 correct. property owner. He was just representing her. Mr.James Hicks stated that is Vice Mayor Surra asked if he was the Mr.James Hicks stated he is not. Councilmember Durbala asked if she had been told that she might be better off splitting the property in half. Mr.James Hicks stated that was discussed and she told him she would be better off keeping i t as one if she could not get three lots from it.She would then market the property to someone who has horses on it. Councilmember Durbala commented that is what the property was designed for. Mr.James Hicks stated it was designed for that before it was split. Mayor Coleman commented the public hearing was still open if there was anyone else who wished to address the council. Mr.Joe Furnari,2919 W.Manzanita Street,Apache Junction,addressed the council.He commented there are two horses just southwest of the property,where there is a wash.He commented i f the split goes through,it would appear to be the same as the property just west of it.There are three lots there so he sees nothing wrong with it.He had talked to some of the neighbors earlier,and one stated that the buildings have been on the property since she moved in during 1973. Vice Mayor Surra asked if that meant the horses were there prior to everyone else. Mr.Joe Furnari stated they were there when he moved there. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 20 OF 40 Vice Mayor Surra commented that everyone who bought and moved in there knew there were horses there already before they moved there. Mr.Joe Furnari stated he would think so. Vice Mayor Surra commented that was interesting. Mr.Joe Furnari stated there are horses right across the street from him.I t is a property belonging to Mr. Burnell. Councilmember Urich stated she counted three horses on that property two weeks ago. Mr.Joe Furnari stated there are three on that property,and there are two horses on the property just below it and to the west.They may be mules.However,since there is a similar lot split next to it,he sees no problem with it.He would prefer to see bigger lots though.The lot just left of it looks like it was 1.25 acres that was split prior to this one. fit the current plan. probably split 20 to 25 years ago. know when it was split. Vice Mayor Surra stated it does not Councilmember Eck commented it was Mr.Joe Furnari stated he did not Mr.George Cheatum,1367 N.Warner, Apache Junction,addressed the council.He stated they have lived there for 30 years and the horses have only been on the property for the last 3 years. Councilmember Durbala commented the property is zoned general rural so they can have horses there. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 21 OF 40 Mr.George Cheatum stated they realize that.However,the owner wants to get rid of the horses.He asked what the council's objection was to that. Councilmember Durbala commented they were not objecting to that. Vice Mayor Surra stated she does not have to rezone to get rid of her horses. Councilmember Durbala stated they are objecting to the way she wants to do the split. Mrs.Sherry Cheatum stated she cannot maintain the land by herself. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He asked if horses would be precluded from the property if it was rezoned to CR-2 with 20,000 sq.ft.lots. Councilmember Durbala stated i t would. Mr.Tom Schuelke asked if someone who purchased the west 16,000 sq.ft.or 20,000 sq.ft.could petition the council for a CR-3. Vice Mayor Surra stated there could only be the one land split. Mr.Tom Schuelke stated this would be a new owner. City Attorney Joel Stern stated they could because it would be a new rezoning with a new property owner.I t could also be the same property owner,but it would have to be a year later. Vice Mayor Surra commented it would have to be brought before the council. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 22 OF 40 City Attorney Joel Stern stated that is correct.It would not have to be a year as it would be a different zoning category. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he is baffled by this request.He does not believe this type of planned development should have come before the council.The minimum lot size was changed to 20,000 sq.ft.in 1990.He has voted for every lot split that has come before the council since he was elected,but they have all been CR-2.I t is obvious the neighborhood would like this lot to be split,the landowners want to split it,but he does not believe there should be an opportunity for them to go less than 20,000 sq.ft.I t does not make sense.I t should be two 20,000 sq.ft. lots that would remove the livestock privileges.He has a hard time believing this is not feasible for the applicant as he knows of several people who are looking for lots like this so they can split it.It would be a perfect lot for a CR-2 rezone. Mayor Coleman closed the discussion with no one else wishing to speak and called for a motion. Councilmember Urich MOVED THAT ORDINACE NO.1124 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1124,AS READ BY THE CITY CLERK,BE DENIED. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 23 OF 40 Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1126/PLANNED DEVELOPMENT MAJOR AMENDMENT CASE PZ-20-99 BY EARNHARDT PROPERTIES LIMITED PARTNERSHIP )Associate Planner Rudy Esquivias briefed the council on the item.This is a 20 acre property located at the southwest corner of the Superstition Freeway and Tomahawk Road.The property was recently rezoned for commercial,retail and office.I t has since been sold to Earnhardt Properties.They would like to develop the property in three phases.The front 7 acres will now be a large parking lot with a sales building.The other two phases will contain two more auto sales facilities at a later time.He briefed the council on the deviations from normal planned development requirements,which included 10'wide landscape frontages on the streets;18"high berms along some of the street frontages;a maximum height of 45'on their building;18'deep parking spaces for non -required parking;no landscaping in the vehicle display or storage areas:no landscaping in the walled compound area;and that the vehicles in the compound area be visible from public streets. Mayor Coleman asked if the storage lot would be where they are normally displaying the cars. Associate Planner Rudy Esquivias stated the storage lot would be where they hold their excess inventory.They are asking for underground water retention;that there be two driveway cuts on Tomahawk instead of one;and they would prefer not to do a traffic impact analysis.Engineering would be willing to forego a traffic analysis if the Arizona Department of Transportation would allow them to do a deceleration lane on their right-of-way.Staff was concerned that the walled compound area would look like a big parking lot with no landscaping so they have requested landscaping along the street frontage.The building should be softened up with landscape areas.At the work session council appeared to be concerned about the 10'landscaping setbacks.Most of the drawings show 12'to 13' REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 24 OF 40 setbacks;there is only place showing 10'.Staff is suggesting 10'landscape strips on the north side of the building and that the last four spaces in each parking area be changed to landscaping.This would give four landscape islands in the middle of the compound area.Stipulation number three of the ordinance states that landscaping will be provided on the north side of the building,that landscaping will be provided along all street frontages,at least 80% of the trees are to be 24"box trees,and all shrubs should be 5 gallon shrubs.The perimeter fencing should be masonry block with wrought iron segments permitted.All of the phases not being developed at this time cannot be disturbed or graded.Earnhardt's was asking that future phases not have to go back through planned development amendment as long as they were of similar quality and intensity.The commission agreed to that:it would require zoning administrator or development services director approval. Councilmember Durbala commented he believed their sales policy is they have no bull.All he has been hearing is that the city give,but there has been nothing saying they will do this in return.The few things that staff has come back with have been hardly anything for everything they want council to give to Earnhardt's.This seems to him to be give everything to Earnhardt's and the city gets nothing back. Associate Planner Rudy Esquivias stated they have had further discussions with the applicant regarding that point.They plan to address some of that tonight. Councilmember Durbala commented he hoped they planned on addressing a lot of what they are talking about. Associate Planner Rudy Esquivias stated they have stiffened up the stipulations a bit more based on the comments.The remainder of the stipulations are standard.Based on comments at the work session,the stipulations have been written out more specifically. Stipulation number three is very specific on the 10'setbacks and the 18'by 36'landscape islands.A survey was done on the building:for the most part the building is 32'in height.The 45'height architectural element will be taller than the freeway.He described the plat and architectural style. Councilmember Eck asked if the storage would be on the north side. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 25 OF 40 Associate Planner Rudy Esquivias stated that is correct. Councilmember Eck commented that is what they would see from the freeway. Associate Planner Rudy Esquivias stated that is correct.There would be landscaping there,and Arizona Department of Transportation has extensive landscaping planned for that portion of the freeway. Councilmember Eck asked about the state's plan. Associate Planner Rudy Esquivias stated they have one but he does not know when it will be implemented. Mayor Coleman asked if he knew the chances for the deceleration lane to be approved. Associate Planner Rudy Esquivias stated the applicant is working on that with the state. Mayor Coleman requested the applicant address the council. Mr.Barry Barcus,5251 N.16th Street,Phoenix,the architect,addressed the council.He commented they fully concur with staff's initial recommendations and the planning commission's recommendations of approval.They also agree with all the changes to the stipulations brought about from the work session.The only one they would like to discuss is the 25'setbacks around the entire perimeter of the 20 acres.This ends up being about an acre of land;an acre of land can support about 125 vehicles for display.This could mean $5,000.000 in sales a year.They believe their use is unique;they are displaying a retail object for sale.I t is not a parking lot for employees or customers.They have a large inventory,giving them some of the largest sales volumes in the state. They are stingy about their land,and will be putting in underground water retention areas at a cost of tens of thousands of dollars.This will give them more cars for inventory,display and sale.They have seen the same in REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 26 OF 40 other cities,and those cities have allowed 12'of landscaping on the front. They will agree to the landscaping in the compound area,but they have not had to landscape inside the compound in all these other cities.The landscaping in a parking area in Chandler is in the employee parking lot. Vice Mayor Surra commented they will have a unique facility because they will have landscaping here. Councilmember Eck asked that he clarify that they will agree to all the other stipulations. Mr.Barry Barcus stated that is correct.They agree to all except for the 25'perimeter setback.The land is very valuable to them as display. the lights would be in the lot. be white. the poles would be. be bronze. Councilmember Eck asked what color Mr.Barry Barcus stated they would Councilmember Eck asked what color Mr.Barry Barcus stated they would Councilmember Eck asked if they would be the big,black,telephone -looking ones. Mr.Barry Barcus stated they are called a shoe box light fixture.They are bronze.They meet the dark sky ordinance. Councilmember Eck commented he had heard they had used the other light posts at another lot and he had been told they deterred from the looks. Councilmember Urich asked i f i t would be the same lighting and fixtures that they have in Chandler. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 27 OF 40 Mr.Barry Barcus stated it would. Councilmember Urich commented i t will be a duplicate of the Chandler complex. Mr.Barry Barcus stated it would. Councilmember Urich asked if they had underground water retention pipes at some of their other stores. them in Chandler. have had any difficulty with them. not. Mr.Barry Barcus stated they have Councilmember Urich asked if they Mr.Barry Barcus stated they have Councilmember Urich commented people go by the Chandler complex very rapidly.However,Tomahawk is not a freeway. She would like to see some more shrubbery and landscaping because of that. Councilmember Durbala commented he agreed with everything else but he does not agree with the landscaping.He wants 25'setbacks.I t is not being put inside the complex.He cannot see why they cannot agree to those setbacks.Everything he has seen is Earnhardt's saying "we want",he has never heard them say "we are going to do this".They will be bringing in sales tax dollars,but when i t comes down to something like this,they will not.He would also like to see the other two phases come back to the council. Mr.Barry Barcus stated they would agree to the other phases coming back to the council. Councilmember Durbala commented he could not see where the landscaping would be a big problem.This is supposed to be a showcase for the rest of the area around there.They have seen other places that have come into town with conceptual drawings at the very REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 28 OF 40 beginning.As i t goes through the process,they keep getting sized down.The conceptual drawing is a lot different from the final product. Mr.Barry Barcus stated he has never changed the plans at any time. Councilmember Durbala commented he was referring to the conceptual drawings of landscaping that continually get changed. Mr.Barry Barcus commented he has never changed the conceptual drawing on the landscaping. Councilmember Durbala commented i t seems like there are more and more things being reduced here. Mr.Bill Waters from Earnhardt's addressed the council.He commented the Earnhardt's are giving a good portion of the land on the south side for the road,additional land to make that intersection square,and they are giving the city a very nice development. There is the potential for a lot of sales tax dollars.There will be employment,and they are hoping to develop the entire 60 acres.Their rule of thumb is they sell about two cars for every car on the ground per month.They constantly restock.If they lose 125 parking spaces,they will lose 250 sales per month.That builds in failure,which he does not believe the city wants. He does not know of any dealership that has more than 12'of perimeter landscaping.The compound area referred to earlier is actually a display area. Councilmember Eck commented he thought they would want to take advantage of that. Mayor Coleman commented he does not believe 25'of landscaping will serve anything along that road.I t just sets the cars further back where people cannot see them.He thinks 12'is acceptable.He does like the landscape islands in the display area and on the north side of the building.He thinks it would look funny if they had 25' setbacks for the perimeter. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 29 OF 40 Mr.Barry Barcus commented clothing stores always put their best stuff in the window,and this is their window. I t is very important to the car business.They do not want solid or chain link fences. Councilmember Insalaco agreed with the mayor.He was hoping they could compromise to 15'.It would give i t a little more depth.He gave as an example a recent apartment complex that promised large tree and shrub landscaping and instead provided little ones. They cannot be taken out once they are in,and he feels the city was taken advantage of there.He is not saying Earnhardt's would do that,but this would explain why the city is gun shy. Mr.Barry Barcus stated part of this amendment asks for 24"box trees and five gallon shrubs.They do not want to put something "crummy"looking there,either. Councilmember Insalaco stated the city is gun shy.He was there when they planted those things,and the boxes were big,but here's the twig. Mr.Barry Barcus stated there is supposed to be standards on that. Councilmember Eck stated he believes they have compromised as they have agreed to all of the other things.He does not have a problem with a 12'setback,but he would like to see mature landscaping in there.The city is in fear from some of the developments we have had,but with the volume of business that Earnhardt's does,they would want to promote their business that much more. Mr.Barry Barcus stated they have 50 more acres there and this is the gateway to it.They do not want to destroy the image of a rather large investment by making i t look bad. Councilmember Eck repeated he would not have a problem with the 12'setback as long as there was mature landscaping. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 30 OF 40 Vice Mayor Surra commented the softer the look along Tomahawk that could be provided,the better.I t faces out onto a residential look,and people travel that road a little slower.I t might be nice the more they could give in there.She thinks they will be pleased with the islands and the north side of the building.She suggested any place they have an open space,they should be putting a plant. Mr.Barry Barcus stated they had not thought of that,but he thought it was a great idea. Vice Mayor Surra suggested they could do more on Tomahawk than on the other perimeters.It would not take away from their display area. Mr.Barry Barcus stated they have some 12'to 15'setbacks on Ray Road because of the way i t is curved.He agreed that 15'along Tomahawk alone would help. Vice Mayor Surra stated i t is the softness of the landscaping,the kind of things they put in there,that they need to think in terms of. Mr.Barry Barcus commented they should not put in prickly pears. Councilmember Durbala asked if the language regarding signage in stipulation number ten would make some changes to the city code.Currently,it would come under a conditional use permit to be approved by the planning and zoning commission.This allows for it to come back to the council under a conditional use permit. City Attorney Joel Stern stated the current process has the planning and zoning commission being the ultimate authority on conditional use permits. Vice Mayor Surra commented that is not true for signage. City Attorney Joel Stern believed i t was.This condition would change that.It would be .a recommendation and i t REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 31 OF 40 would have to come to the city council for approval.That would change the city code provision. Councilmember Durbala asked what the status was on the deceleration lane. Mr.Barry Barcus stated plans have been sent to the Arizona Department of Transportation and to Pinal County.He has not received a response from either one as of yet.He commented they may have their landscaping on the freeway first. Councilmember Durbala asked if they were agreeable to 15'of landscaping on Tomahawk and in front. Mr.Barry Barcus stated they are. Councilmember Durbala stated he would accept that and leave it at that. Mayor Coleman commented he believed the county supervisor would be willing to take care of the deceleration lane. stated she would work on it. would love to have one for safety issues. hearing on the item. Pinal County Supervisor Sandie Smith Mr.Barry Barcus commented they Mayor Coleman opened the public Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He commented he has always been critical of something this large in a pristine,open space right off the freeway.However,he realizes the city needs revenue and jobs.Anything this large will have a tremendous impact.He stated it does not seem wise to sell vehicles from directly off the freeway.If there will be taller trees and better landscaping to lessen the impact,and more landscaping than less,then that has to be done.He is also concerned about the litigation pending regarding the sale of automobiles over the internet. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 32 OF 40 Councilmember Durbala commented that has nothing to do with this item. Mr.Elliott Fisher stated i t has everything to do with i t because the city could be left with a 60 acre parking lot if everything changes.He wanted to know what Earnhardt's is doing to protect Apache Junction in case they pull up stakes at some point because things are not working out right in their corporate books. Vice Mayor Surra stated it would be the biggest police substation that one would ever see. Councilmember Durbala commented the skateboard park would be included. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He is more concerned that internet sales are not subject to tax right now.He is also concerned with the safety issue of the setbacks,especially along Tomahawk southbound.The drivers may not be patient enough to drive behind a slow moving vehicle whose occupant is looking at the cars.He encouraged the maximum setbacks along Tomahawk.He asked what the lineal distance is from the northeast corner to the southeast corner of the property. Associate Planner Rudy Esquivias stated i t is roughly 540'. Mr.Tom Schuelke commented the 25' setbacks would total roughly one -sixth of an acre.The council might want to consider what they want on the north side of the property.He is not sure anything would be required on the west side or the south side. Mayor Coleman commented he thought he was for less government. Mr.Tom Schuelke stated government does seem to be involved in zoning and codes.He can see some support for that and he understands that this would just be enforcing codes.He does not see a conflict here. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 33 OF 40 Vice Mayor Surra commented they had agreed on 15'on Tomahawk.Since this is a planned development versus a straight zoning,a variance can be approved. Mr.Tom Cosgrove,3500 S.Tomahawk, Apache Junction,addressed the council.He supports the arrival of Earnhardt's.He wished to know the status of the police station that was promised to the city in connection with the development. Councilmember Durbala commented i t is part of the capital facilities plan. Vice Mayor Surra stated the city has the land from Earnhardt's and the building is in the capital facilities plan. seen i t on any of the plans. part of phase one. Mr.Tom Cosgrove stated he had not Vice Mayor Surra stated i t is not Associate Planner Rudy Esquivias stated what is being developed is the 20 acres to the west. Vice Mayor Surra commented it will not be within the first four years of the capital facilities plan. Councilmember Durbala commented that is providing i t is passed. Mr.Tom Cosgrove stated he is frequently asked by his neighbors what has happened to the police station.He is also concerned that there have been so many meetings on this project that they will not be able to keep all the information current and correct.He agreed with Councilmember Urich that Tomahawk Road is not a freeway,and that the word should be given to the garbage trucks. Vice Mayor Surra commented that Rudy keeps the council straight as to what was said when,and they get copies of the minutes with their packets for their reference to keep them straight. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 34 OF 40 Mayor Coleman closed the public hearing and reopened the item to council discussion. Councilmember Eck commented he would like to think this has been a project that has been filtered out,starting here and planning to get to a goal. Vice Mayor Surra commented she is sure this will eventually be a very fine project.She would like them to keep in mind that the height of the element that goes beyond the 30'she will be looking at every night when she comes home,so it better be pretty.She added she has been able to see cars at the Toyota dealer as she has driven by,so she believes there will be people off the freeway that will see theirs. Councilmember Durbala wanted i t clarified that any of the newer phases would be coming back to council. Vice Mayor Surra stated that is correct. Councilmember Durbala commented that is not what stipulation number five states;there i t can be approved by the zoning administrator or development services director.That needs to be changed.And they need to change the 15'on the front of the landscaping. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1126 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 35 OF 40 City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1126,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:STIPULATION THREE,TO BE REPLACED WITH THE SUGGESTED FINAL VERSION CONDITION NUMBER THREE AS SUBMITTED THROUGH OUR LANDSCAPE ARCHITECT;AND THAT TOMAHAWK ROAD STRIP OF LANDSCAPE SETBACK BE 15' INSTEAD OF THE 12';AND THAT NUMBER B UNDER THREE THAT SAID 25'GO BACK TO THE 12,AND ALL OF THE OTHER PERIMETERS THAT ARE UNDER NUMBER 5;ANY PROPOSED USE SITE PLAN AND ELEVATION PLANS FOR THE FUTURE PHASES ON THE 20 ACRE PROPERTY THAT WOULD BE DEVELOPED SUBSEQUENT TO PHASE ONE COME BACK THROUGH OUR NORMAL PROCESS OF APPROVAL. There was general discussion on whether the deceleration lane for Tomahawk Road was already included in the ordinance.It was found under stipulation number six. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1120/ANNEXATION CASE AN-1-99/SCRIVENER'S CORRECTION TO ORDINANCE NO.1074 )Associate Planner Paul Michaud briefed the council on the item.There was an omission in the legal description concerning the acceptance of west 40'thereof,and this caused a problem.This ordinance corrects that omission. Vice Mayor Surra commented i t is a language correction to comply with an existing annexed piece of property. 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 MAY 2,2000 PAGE 36 OF 40 Councilmember Insalaco commented he would rather look at something like this than something with just lines scratched through it.You can understand the drawing and tell what you are doing. Associate Planner Paul Michaud commented the applicant is the one who provides them with most of that. Councilmember Eck MOVED THAT ORDINANCE NO.1120 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Eck MOVED THAT ORDINANCE NO.1120,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 37 OF 40 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councllmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MAY 15,2000,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,MAY 16,2000,IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra commented she attended the Pinal County Town Hall this past week with the city manager.I t dealt with economic development.The city does impact the Pinal County economic development vitality.The whole county must help to establish an environment of viable economic development or everyone will lose.What every city does is essential and she encouraged everyone to help those areas that are trying to develop economically. Councllmember Eck attended the city employee golf tournament and picnic last Saturday and both were excellent. Mayor Coleman commented Good Morning Arizona was out this way last Thursday and interviewed him out at Goldfield Ghost Town.They spent the day in the city,including visiting one of the schools.He thought it was beneficial. Mayor Coleman commented the Millenium Marathon of Mayors will be coming through the city on Friday.I t is an effort to raise awareness for organ donations.Mesa's Mayor Brown will pass the baton to him early Friday morning.They are having the mayors go one mile and then they are driven in between.From here it will go to Superior and Globe. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 38 OF 40 )Mayor Coleman adjourned the meeting at 10:02 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of April 18,2000. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Library staff;Judy Robles;Phil Carothers;and Dennis Dixon. 4.Approval of Resolution No.00-11,Authorization to request technical assistance from the Greater Arizona Development Authority (GADA)for design development of landscaping and amenities for Apache Trail. ACCEPTED THIS N'';'Y 16TH DAY OF MAY 2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 39 OF 40 DAY OF MAY ,2000. DOUGLAS COCEMAN 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 2nd day of May,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of May,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2,2000 PAGE 40 OF 40