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HomeMy WebLinkAbout2000-10-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 3,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 3,2000,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 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present: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 Svcs.Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 1 OF25 Others Present:Associate Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED,AND THAT AUTHORIZATION FOR THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH STANTEC CONSULTING,INC.FOR iUILDING PLAN REVIEW SERVICES,NOT TO EXCEED $60,000.00;AND THAT AUTHORIZATION FOR THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ENTRANCO TO AMEND THE CITY'S LAND DEVELOPMENT CODE FOR AN AMOUNT NOT TO EXCEED $79,725.00,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council.He announced that he would be putting out a new publication called "The Steamer"and he invited the council to submit editorials.He denounced the proposed use tax as a bad idea because of the possibility of taxing items purchased on the Internet.He again requested access to city advertising through print and electronic media.He also requested meeting on his referendum and initiative to discuss a settlement due to the costs involved and the desire of his "silent majority". Mr.Ron Kill,349 S.Saguaro,Apache Junction,addressed the council regarding an MU baseball team established in the city.The participants are 9 to 14 years old and are required to carry at least a 3.0 grade point average.They will be playing ball for six months of the year during the school year.They REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 2 0F25 are also community service oriented.He thanked the parks department for all they have done to make it work,such as field preparation and scheduling.He also thanked the city council and everyone else for their assistance with this program.He invited everyone to an exhibition game on October 14 at the Little Leaguer complex.Lunch will be provided. CITY MANAGER'S REPORT City Manager Curtis Shook announced the first meeting of the skate park development committee would be tomorrow night at 6:00 p.m.in the City Conference Room.He urged anyone desiring to give input to attend.He commented the wash was improved as part of the Phelps Drive project,but i t has created a problem with bicyclists and skateboarders causing damage to ground cover and trees.Staff will be trying to keep an eye on the problem. He complimented the design and work on the project that was done by city crews. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1137/ANNEXATION OF PRIVATE LAND OWNED BY ALBERT & BILLIE THOMAS AT SOUTHWEST CORNER OF IRONWOOD & SOUTHERN )Associate Planner Rudy Esquivias briefed the council on the item.The parcel currently has a split zoning of CB -2 for the north 9 acres and the south 4 acres are zoned MH.The applicants wish to develop the property commercially and currently have a Walgreen's proposing to go in on the northeast corner of the site.All petitions are signed and recorded,and upon annexation the parcel would receive CB -2 zoning for the north 9 acres and TH for the south 4 acres.The next item is the rezoning of the parcel.All the steps for annexation have been complied with. The site is proposing to receive service from the sewer district. Mr.Roberto Buenaver,Evergreen Devco,2920 E.Camelback Road,Suite 100,Phoenix,addressed the council. They will be developing about 80,000 sq.ft.at the corner into a Walgreen's and in order to get sewer service the applicants are requesting to get annexed. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 3 OF25 Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, commented he hoped the corporate "gurus"had made a good decision by proposing to put two drug stores next to each other on adjacent corners.He thinks i t is a bad idea and possibly -enforces the idea that the city is the most medicated city in Arizona. Mayor Coleman closed the public hearing with no one else wishing to speak and opened the item to council discussion. Vice Mayor Surra stated the city has many seniors that are on regular daily medications and getting prescriptions filled has been difficult here.She understands the need for another pharmacy.Walgreen's has many managed care contracts,so people have to go there to get the maximum benefit.She leaves i t up to the people who have to invest in the business and understand the business world to determine where they wish to place their business.She commented the city could benefit from good prices with the two drug stores across the street from each other.She has no problem with the location. Councilmember Eck commented one would almost want to stay home sick than to go to a pharmacy in Apache Junction during the winter months.If there was no demand there,they would not put the money into the investment. Councilmember Insalaco commented Mr. Fisher has apparently not driven Broadway,Apache Trail,Superstition,and Southern in every other city from here to Phoenix.One can find an Osco and a Walgreen's on every corner within a mile.The whole valley is medicated. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1137 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 4 OF25 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1137,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1138/REZONING OF 13 ACRES AT SOUTHWEST CORNER OF IRONWOOD AND SOUTHERN BY ALBERT AND BILLIE THOMAS )Associate Planner Rudy Esquivias briefed the council on the item.The applicants are requesting to rezone the property from CB -2 and TH to C-3/PD for the entire 13 acres.Walgreen's has been the only end user identified at this time.The planned development zoning will require future developments to come back to council for approval. The Planning and Zoning Commission recommended approval for the rezoning. There are three options regarding street improvements.Staff was requesting option one which has a taper approach to the Walgreen's and two deceleration lanes on Ironwood;option two has a shorter taper approach to the Walgreen's; and the Thomas'were in favor of option three which has a shorter taper and one deceleration lane.The commission recommended a combination of options one and three,using a shorter taper approach to the Walgreen's yet having two deceleration lanes on Ironwood.The applicants have now offered option four which has a long taper approach on Southern with an additional amount of distance between the northeast corner of the mobile home park and the street improvements.The city will receive the right-of-way on Ironwood but full street improvements for the south approach will not be required at this time. The second deceleration lane would be built as the rest of the property is developed.Sidewalks,curbs and gutters are to be constructed adjacent to the Walgreen's development.He described other street improvements included in REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 5 OF25 the ordinance.He commented the ordinance needs to be amended according to the recommendations listed on page two of the staff report. City Manager Curtis Shook asked i f the ordinance could be amended by reference. City Attorney Joel Stern stated they could if there is a document that can be identified. Associate Planner Rudy Esquivias stated that would be the staff report addendum dated September 19,2000. City Clerk Kathleen Connelly asked if all the additions are listed in that memo. Associate Planner Rudy Esquivias stated they were. Councilmember Durbala asked what the option number is that they should be putting in the motion. Associate Planner Rudy Esquivias stated i t should be called option four dated September 26. Councilmember Durbala asked if this would have any effect on the expansion of Southern to four lanes. Associate Planner Rudy Esquivias stated there will be four lanes and a middle turn lane. City Manager Curtis Shook commented he thought it would enhance their ability to expand i t in the future. Councilmember Durbala asked if at the corner of Ironwood and Southern they would have a right turn lane,a left turn lane and a straight lane going eastbound. Public Works Director Doug Dobson stated they can make it either way;with one lane being just a right turn lane or the right lane being able to turn right or go straight. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 6 0F25 Councilmember Dietz asked if the south entrance on Ironwood would be eliminated with the option. Associate Planner Rudy Esquivias stated there will be an entrance,but the deceleration lane improvement will be later with future development. Councilmember Dietz commented the entrance would be there now.He asked if there would be a problem if someone missed the entrance and wanted to make a right hand turn at another entrance. Associate Planner Rudy Esquivias stated there are two entrances on Ironwood. Councilmember Dietz commented there is no deceleration lane for them to turn into. Associate Planner Rudy Esquivias stated they would be turning into a paved driveway. Councilmember Dietz commented he wanted to know if the delay in the second deceleration lane would cause any problems with traffic. Councilmember Durbala asked if it would be better to put a barrier on the second entrance until the property has been developed. There was general discussion on the issue between Public Works Director Doug Dobson,Councilmember Dietz, Councilmember Durbala,and Associate Planner Rudy Esquivias. Development Services Director Glen Van Nimwegen stated staff believes the trips are going to be few with the southernmost driveway.They do not believe it will be critical until the other sites are developed. Councilmember Dietz commented they could add another deceleration lane when the future sites are developed. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 7 0F25 Associate Planner Rudy Esquivias stated that is correct. Mayor Coleman requested the applicant address the council. Mr.Roberto Buenaver,Evergreen Devco,2920 E.Camelback Road,Suite 100,Phoenix,addressed the council.He complimented Rudy Esquivias on his briefing.He commented they have been through three engineers on this project and there has been much negotiation on these issues.They hired a traffic consultant for the southernmost drive on Ironwood and the study showed the deceleration lane would not be needed at this time.The current engineer agrees with that and everyone agrees this is a safe option for the city. Councilmember Dietz stated he was concerned with the future development but the city will have the option for that deceleration lane. Mr.Roberto Buenaver stated the developer should be able to improve that for the city.They are looking forward to developing the site plan agreed upon. Vice Mayor Surra commented she would like to change the wording regarding the future deceleration lane construction from "as it may be warranted"to "when construction on the other sites has begun".She would like to see the lane in there as soon as possible. City Attorney Joel Stern stated that would take the guess work ,away from city staff and the developer so that when the work actually begins it would be required. Vice Mayor Surra commented she would like the stronger wording and she asked if she could strike those words. City Attorney Joel Stern stated she could. Mr.Roberto Buenaver agreed with the change. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 8 0F25 Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He asked if there would be a turn lane in the middle for northbound traffic on Ironwood that wants to enter the Walgreen's site,and how many feet there is between Ironwood and the entrance driveway.He wants to be sure the people turning left will not interfere with the left turn lane at the intersection. Vice Mayor Surra commented they can just pull into the first one. Mr.Tom Schuelke commented he thought that was not going to be operational. Vice Mayor Surra stated it will be open,there just will not be a deceleration lane. Mr.Tom Schuelke asked if there would be an extra right turn lane for traffic going eastbound on Southern and wanting to go southbound on Ironwood. Associate Planner Rudy Esquivias stated there is not a deceleration on Southern.I t is two lanes going eastbound but the southernmost lane will .allow right turns. Mr.Tom Schuelke stated he would like to see right turn lanes only at the major intersections of the mile roads. There was general discussion on whether a right turn lane only was needed here. Mr.Elliott Fisher,GAJA,547 E. Quail,Apache Junction,addressed the council.He was concerned about the impact of Internet traffic on this corner. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 9 0F25 Mayor Coleman closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1138 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1138,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:ON PAGE TWO AND THREE OF STAFF LETTER DATED SEPTEMBER 11,2000,SUBJECT AGENDA ITEMS,SEPTEMBER 19,2000,PUBLIC HEARING, ON CONDITION ONE,CHANGE ON PAGE TWO OF THIS LETTER I'VE JUST REFERENCED, CHANGE CONDITION ONE TO READ 4A,VERSION DATED SEPTEMBER 26,2000;THE LAST SENTENCE ON CONDITION ONE IN SUBJECT LETTER SHOULD BE CHANGED TO READ "A DECELERATION LANE TO THE SOUTH DRIVEWAY ON IRONWOOD SHALL BE DEDICATED BUT NOT CONSTRUCTED UNTIL SUCH TIME AS FUTURE DEVELOPMENT ON THE SUBJECT SITE IS BEGUN";SUBSTITUTE CONDITION TEN AS LISTED IN SUBJECT LETTER;SAME THING TEN, ELEVEN,TWELVE,THIRTEEN,FIFTEEN,SEVENTEEN;ON SUBJECT LETTER,CONDITION EIGHTEEN,DELETE THE FIRST SENTENCE THAT READS "STAFF RECOMMENDS ADDING THE FOLLOWING CONDITION"AND HAVE THE REMAINDER OF THE CONDITION REMAIN. Vice Mayor Surra AMENDED THE LAST PART OF THAT SENTENCE THAT BEGINS,NUMBER EIGHTEEN,"DEDICATE TO PINAL COUNTY FOR ROADWAY AND UTILITY PURPOSES THE NORTH 50'OF THEIR SIERRA DEL SAGUARO TRAILER PARK."AND DELETE THE REST OF THAT PARAGRAPH. Councilmember Urich accepted the amendment. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 10 OF25 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.00-31/GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SEWER SERVICE TO PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SOUTHERN AND IRONWOOD )Associate Planner Rudy Esquivias briefed the council on the item.This will allow the sewer district to expand to provide service to the Walgreen's site. City Attorney Joel Stern stated the effective date will be 30 days from today,which is November 2.State law requires that whenever you are within 200'of the sewer connection that you must get permission from the city to hook up to the sewer district. Vice Mayor Surra commented she thought this resolution was expanding the boundaries of the sewer district,as they will only provide service within the city limits.Once an annexation has occurred,the boundaries must be expanded. City Attorney Joel Stern stated they would be allowed to hook in once they are annexed since they will be within the city limits. Vice Mayor Surra commented they have already annexed the site. City Attorney Joel Stern stated i t is not effective for 30 days. Vice Mayor Surra commented the expansion of their district coincides with the annexation deadline. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 11 OF25 Mayor Coleman requested the applicant address the council.The applicant declined.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. Councilmember Eck MOVED THAT RESOLUTION NO.00-31,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SERVICE TO CERTAIN PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,AND ESTABLISHING AN EFFECTIVE DATE,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FISCAL YEAR 2000-2001 )City Manager Curtis Shook briefed the council on the item.Each year an agreement designating the scope of services is done with the Chamber of Commerce and the Main Street Program. These are standardized agreements.Staff recommends approval. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 12 0F25 Mayor Coleman opened the item to council discussion. Vice Mayor Surra asked how they were doing on their goals from last year's retreat on building better relationships. Mr.P.J.Patton,10606 E.Fennimore, Apache Junction,representing the Apache Junction Chamber of Commerce, addressed the council. Vice Mayor Surra asked how they did on achieving their goals on building better relationships and memberships. Mr.P.J.Patton stated the memberships are up and he feels the relationships with the council and the members are exceptional.The new building is coming along:the new information center should be open soon. Mayor Coleman commented i t looks very nice. Councilmember Dietz MOVED THAT THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR FISCAL YEAR 2000-2001 BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION MAIN STREET PROGRAM INC.FOR FISCAL YEAR 2000-2001 )City Manager Curtis Shook briefed the council on the item.I t is similar to the Chamber of Commerce contract in that i t is for the scope of services.Staff recommends approval. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 13 OF25 Mayor Coleman opened the item to council discussion.There were no comments. Councilmember Durbala MOVED THAT THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION MAIN STREET PROGRAM FOR FISCAL YEAR 2000-2001 BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF CONFIRMATION FOR APACHE JUNCTION'S PRIVATE REPRESENTATIVE ON THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS (CAAG)REGIONAL COUNCIL FOR PINAL COUNTY )City Manager Curtis Shook briefed the council on the item.This is a new addition to the CAAG Regional Council resulting from last year's town hall.This should improve communications within Pinal County and it will try to include citizen participation in economic development and other policy decisions within the county regional council.He had spoken with Jim Stuckey,the dean of Central Arizona College and the chairman of Focus Future,and he is willing to accept the appointment for the position. Vice Mayor Surra commented it was at her suggestion that Mr.Stuckey was spoken to as she feels he has a feel for what is happening economically in our city.His position would have no votes unless i t is an economic issue. Councilmember Eck commented he believes Mr.Stuckey to possess the ambition needed for the position;he agreed with his candidacy. Vice Mayor Surra MOVED THAT THE CONFIRMATION OF JIM STUCKEY TO SERVE AS THE PRIVATE REPRESENTATIVE ON THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 14 OF25 CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS (CMG)REGIONAL COUNCIL FOR THE APACHE JUNCTION AREA BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION DIRECTION TO STAFF REGARDING THE FRIENDS OF THE LIBRARY REQUEST REGARDING THE "CACTUS ON PARADE"PROJECT )Mayor Coleman commented they had seen a presentation on this at the work session last night and were requesting approval for staff to work with them on the project.He opened the item to council discussion. Vice Mayor Surra commented she thought it was a unique idea.I t is a fundraising and community building project.I t could add some interest and excitement to the streets.She recommended its support. Councilmembers Eck and Dietz agreed. Vice Mayor Surra stated the concept has been working well in other cities that have used their own symbols. City Clerk Kathleen Connelly commented she believed they were looking for some kind of official support. Mayor Coleman commented he hoped the cactus would be large enough to support the art. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 15 OF25 Vice Mayor Surra commented they would have to be comparable to the size. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FRIENDS OF THE LIBRARY REQUEST REGARDING THE "CACTUS ON PARADE"PROJECT:THAT THE CITY GIVE THEIR BLESSING TO THE PROGRAM,HAVE STAFF WORK IN EVERY POSSIBLE WAY WITH THEM,AND ALSO COME UP WITH A FORMAL LETTER SIGNED BY THE MAYOR STATING THAT THERE IS TOTAL SUPPORT FROM THE CITY COUNCIL FOR THIS PROGRAM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION FOR FURTHER DIRECTION TO STAFF ON THE USE AND/OR CONSTRUCTION STANDARDS OF FUTURE PRIVATE ACCESS WAYS )Development Services Director Glen Van Nimwegen briefed the council on this item.Private access ways do provide some impediments to public safety access,however,there are exceptions to the need for private access ways,such as landlocked parcels. Staff recommends restrictions placed on future access easements and that future driveways be paved to a certain standard and turnarounds be provided. Staff also provided an option for cul-de-sacs. Mayor Coleman opened the item to council discussion. Councilmember Eck commented he would like to see staff continue the option of the cul-de-sac insofar as cost effectiveness and effectiveness on splitting some of these lots. Councilmember Durbala commented he would also like to see that,but he would also like to see that the land split REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 16 OF25 be a maximum of three splits on a five -acre property.If they want to split to four or more,they have to go to a planned development.This would allow for a 2.5 acre and two 1.25 acres on either side of the larger lot using the cul-de-sac. Vice Mayor Surra asked if they could put that into this particular item,as it addresses land splits. Councilmember Durbala stated this is concerning the easements and part of the easement problem is the splitting of parcels. Vice Mayor Surra stated a private access easement is not always done because they are splitting the parcel. Councilmember Durbala stated i t is part of the discussion for private access ways.If the land splits are not done,they could come out on the street and have the long,narrow properties. If the land is split properly,they can go with the cul-de-sac and make i t less expensive for the individual to sell his lots.It will have to be a hybrid decision to get into the ordinance as it otherwise would be a planned development. Councilmember Eck agreed,as he did not have planned development on his mind as a solution.He sees the cul-de- sac as an alternative to the private access easement. City Attorney Joel Stern commented limiting the amount of splits one can do would relate to the lot split ordinance.He is not sure the council can limit the amount of lot splits without changing that particular ordinance. Associate Planner Rudy Esquivias stated the ordinance states the city has control over the division of properties 2.5 acres or smaller.Therefore,someone could buy the 2.5 acre of the 5 acre lot split and split i t again.A solution would be that the creation of the private access easement requires a resolution,and a condition could be added to the resolution requiring that no further land splits could be allowed.However,he is not sure how this could effect someone's property rights. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 17 0F25 City Attorney Joel Stern stated i f it was limited to that particular case,he does not believe it would be a problem.He believes these could be handled by conditions. Vice Mayor Surra asked if this should be written up in draft form for discussion again along with any options so they can pick and choose what they want.She would not like to vote upon something they have not had more discussion on.She had not anticipated that land splits would be a part of this issue. Councilmember Durbala stated that is part of the discussion on this:to send i t back to staff for alternatives.I f they have to rewrite the ordinance or resolution that would be part of the research in bringing i t back to council. Councilmember Urich asked if they are talking about the little diagram that the city manager drew for them last night. City Manager Curtis Shook stated he believes council is concerned about public access ways,being creative,and recognizing that there are infill properties that need to be cost effective for people developing those but also need to look good and have the least amount of impact on street and road maintenance and public safety concerns. He believes if council decides to grant a public access way,it would be because if one were to split i t four ways,they would be looking at full roads in accordance with road standards and would be more or less a planned development due to the number of lots.The other option would be if one was looking at making the lot into three,a new creative concept having a cul-de- sac would allow for pie -shaped lots and development instead of the long, narrow lots. Councilmember Dietz asked if they would have to go to full road standards with dedicated roads to the city i f they want to split i t four ways or would they go to the city engineer's recommendation of a 24'paved road. City Manager Curtis Shook stated he believes they are going with the 24'paved easement. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 18 0F25 would be dedicated to the city. that is correct. thought it was a 28'easement. that is correct. Councilmember Dietz asked if it City Manager Curtis Shook stated Vice Mayor Surra commented she City Manager Curtis Shook stated City Attorney Joel Stern stated i f i t is split into more than three lots it would be a subdivision and it would require street standards. Councilmember Eck commented he believes if a 5 acre lot is split three ways and has a cul-de-sac and someone else comes in and buys the 2.5 acres and decides to split that in two equal parts,they should be able to do so.If they are going smaller than 1.25 acres,he would have a problem.The cul-de-sac should be able to give them an access road.He does not want to stop anyone from splitting a lot down to 1.25 acres in size. City Manager Curtis Shook stated they are trying to provide another cost option for those who want to split a lot into three. Councilmember Eck asked if someone could buy one of those three and split it without having to worry about subdivision and planned developments.I t should not be required on 1.25 acre lots. City Manager Curtis Shook asked i f this applied to the cul-de-sac concept. Councilmember Eck stated it would apply to either concept. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 19 OF25 City Manager Curtis Shook stated in the other concept i t is understood that something will be developed later.In the cul-de-sac concept its assumed that the 5 acre piece will be developed as three. Councilmember Eck commented he still thinks they should have the opportunity to develop i t as four. City Manager Curtis Shook asked i f there was any way that could be done. Development Services Director Glen Van Nimwegen stated that is generally what they try to avoid.They can split up to three,but if they go four they have to do a subdivison. Vice Mayor Surra commented the initial person is not doing more than three.I t is a subsequent buyer who splits the 2.5 acre lot in two. Development Services Director Glen Van Nimwegen stated those are the ones they have to look at. Mayor Coleman commented that is the way they avoid doing the subdivision. Councilmember Eck stated that is how you get 1.25 acre lots or those 110'by 660'.That would be the alternative. Mayor Coleman stated they could still put four lots in on a 5 acre piece with a cul-de-sac and be a planned development subdivision.But if they put in three with the intention of putting in a fourth later on,they should be a subdivision. Councilmember Eck commented the only reason they want the private access ways is to avoid being a subdivision. They want to create the fourth 1.25 acres. Mayor Coleman asked if he wanted them to have the loophole to do that. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 20 0F25 Councilmember Eck stated he did.He would like them to have 1.25 acre lots instead of bowling lane lots. Mayor Coleman commented he wanted to make sure he understood that Councilmember Eck wanted them to have a loophole to go around subdivision regulations. Councilmember Eck commented they just let two lots be split to form bowling lane lots because the council would not compromise with the people and work with them. Mayor Coleman stated he would like to see staff look at ways that they can avoid the bowling lane lots. Vice Mayor Surra stated the possible direction to staff in the packet says everything up to what they are talking about know;to provide creative or hybrid options or to use as possible alternatives.They could bring these back and discuss them and either like them or throw them out.They do not have to be incorporated in the ordinance if council does not like them. City Manager Curtis Shook stated staff tried to find a creative way in which everybody wins.Hopefully they can bring back a product that they think is worthwhile. Councilmember Urich commented she would like to see one of the options be to retain what they have currently. Councilmember Durbala commented i t appears there are four or five different approaches and he suggested having staff bring all of them back at the same time;stay with what we have,the bowling alley shapes,the cul-de-sacs,planned development and splitting it to three parcels. City Attorney Joel Stern stated the zoning determines how small the lot size can be.Council needs to keep that in mind also.The owner cannot split i t smaller if the zoning does not allow it;it would have to be rezoned. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 21 OF25 Councilmember Eck commented if it was smaller than 1.25 acres he would want them to be planned developments and they would have to go through a rezoning. Councilmember Insalaco commented he thought this was basically for 1.25 acre lots in this area. City Manager Curtis Shook stated the question is whether four lots could come out of this without becoming a subdivision.Tonight they put out a creative solution and staff will look at what is legally involved with a three and a four lot split.He does not feel they can assess one of the options put on the table tonight.I t is intended to take care of this area. Vice Mayor Surra commented if there is something on the books that applies to private access ways it will apply to anyone requesting a private access way. Councilmember Eck agreed it would be for everything. City Attorney Joel Stern stated i t is applied city-wide. City Manager Curtis Shook stated a lot of the large tract acreages have been developed over the last three years so there are not a lot of the large lots out there.There will probably be a lot of 5 and 10 acre parcels in the future. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PRIVATE ACCESS WAYS:ONE IS TO COME BACK WITH THE FOLLOWING POSSIBILITIES (1)IS LOOKING AT THE LAND SPLIT UPON SPLITTING THE PROPERTY THREE WAYS TO HAVE THE CUL-DE-SAC TYPE PROPERTY; (2)IS DO NOTHING;(3)IS TO COME BACK WITH A PLANNED DEVELOPMENT UNDER IF THE LOTS ARE SPLIT DOWN TO 1.25 IF THERE IS A WAY THAT WE CAN CHANGE THAT TO BE THEY CAN STILL BUILD A CUL-DE-SAC THERE WITH A PROPERTY SPLIT OF FOUR OR DO WE HAVE TO HAVE A PLANNED DEVELOPMENT,AND WHAT NEEDS TO BE CHANGED ON IT;(4) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 22 OF25 AND IF IT IS A LEGAL WAY JUST TO RESTRICT THE PROPERTY OWNER FROM 5 ACRE SPLIT OF GOING DOWN TO JUST A THREE. Vice Mayor Surra AMENDED THE MOTION TO INCLUDE WHAT THE POSSIBLE DIRECTION TO STAFF INCLUDED,THAT WAS TO PREPARE AN AMENDMENT TO THE ZONING ORDINANCE TO SEVERELY LIMIT FUTURE PRIVATE ACCESS WAYS,TO INCLUDE CONSTRUCTION STANDARDS,as he had not mentioned any of that in his motion. Councilmember Durbala stated that was not the part that he wanted in it,but she could put that part in as an amendment. Vice Mayor Surra asked if he would accept that as an amendment to his motion. Councilmember Durbala stated he would accept i t as an unfriendly amendment. Vice Mayor Surra stated she thought the Public Works memo of August 28 should be considered along with the turnarounds recommended by the fire marshal_ Councilmember Eck 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 WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,OCTOBER 16,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 17,2000, IN THE CITY CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 23 OF25 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman commented several of the staff and council attended the Arizona League of Cities and Towns Conference this past week in Prescott.Our resolution requesting that the incorporated boundaries of small cities be considered when drawing the new legislative districts was passed.Mayor Mitchell of Casa Grande was very vocal in our support.He added there was a nice picture of Councilmember Durbala on the front page of the Tribune regarding that issue the other day. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:43 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 19,2000. 3.Approval of authorization for Mayor to execute a professional service contract with Stantec Consulting,Inc of Phoenix,Arizona,for building plan review services not to exceed $60,000.00. 4.Approval of authorization for Mayor to execute a professional services contract with Entranco of Tucson,Arizona,to amend the City's Land Development Code for an amount not to exceed $79,725.00. ACCEPTED THIS 17TH DAY OF OCTOBER ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF OCTOBER 2000. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 24 OF25 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS C9tEMAN 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 3rd day of October,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of October,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3,2000 PAGE 25 0F25