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HomeMy WebLinkAbout2000-01-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 4,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 4,2000,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 Insalaco 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 Asst.City Manager George Hoffman (arrived 7:30) City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Paul Stears Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 1 OF 34 Others Present:Associate Planner Rudy Esquivias Associate Planner Paul Michaud Patrol Officer John Pinson Long Range Planner Kate Morris Economic Development Specialist Kerry Lyman ACCEPTANCE OF CONSENT AGENDA )Councilmember Insalaco MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:THE PUBLIC WORKS DEPARTMENT:AND THAT THE AWARD OF BID FOR PW 99-31,WEST APACHE TRAIL/OLD WEST HIGHWAY CROSSOVER STUDY,AWARDED TO DAVID EVANS & ASSOCIATES, INC.,IN AN AMOUNT NOT TO EXCEED $27,221.80,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Curtis Shook announced there were no Y2K problems on December 31 in the city.He thanked the staff and council for all the preparation that went into making the move into the new millenium successful.He then presented a 20 year plaque to Patrol Officer John Pinson,the first city employee to reach that achievement. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 2 OF 34 A.J.'S MINI MART )City Clerk Kathleen Connelly briefed the council on the item.This will be a new facility located on the northwest corner of Baseline and Ironwood.The applicant was notified to attend the meeting to answer any questions. Mayor Coleman requested the applicant address the council. Ms.Linda Pearson addressed the council to represent the L.L.C.that owns and intends to manage the business. Councilmember Urich asked how many hours or days she would physically be present at the business. Ms.Linda Pearson stated the schedule had not been put together as of yet.There will be a manager and assistant manager on site. Councilmember Urich asked if she had any projected hours or days. Ms.Linda Pearson stated she should be there every day at the beginning as it takes a lot of work to get these businesses started. Councilmember Urich asked if she had attended a department -approved liquor law training course within the last five years. Ms.Linda Pearson stated she had taken both on -site and off -site management courses recently. Councilmember Eck asked if the owners of the property also own the property north of the mini mart location. Ms.Linda Pearson stated they did own a piece of property but that has now been sold.The only property they now own in that vicinity is the mini mart location.This occurred within the last six months. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 3 OF 34 Councilmember Eck asked if she had represented that other company in the past. Ms.Linda Pearson stated she had. She added she has represented this same company,which has owned this property for several years.They split part of the property off to the north and sold it.She commented the mobile home park and the property to the north are owned by a separate entity and she has never been associated with them. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT AN APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY COMPANY,SERIES 10 LIQUOR LICENSE FOR A.J.'S MINI MART BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:3-4 (Councilmembers Eck,Insalaco and Urich and Vice Mayor Surra voted in opposition.) The motion failed. Vice Mayor Surra MOVED TO CONTINUE THIS TO ANOTHER DATE.There seems to be some information missing regarding what is happening on the property.She does not understand what happened to the project that was already approved by council.She is hesitant to issue any other permit or license until council knows what is happening there. MOTION. discussion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 4 OF 34 Councilmember Urich SECONDED THE Mayor Coleman reopened the Councilmember Durbala asked what specifics the vice mayor needed. Vice Mayor Surra stated she needs to continue the item because she does not have the specifics. Councilmember Durbala asked what information was lacking. Vice Mayor Surra stated she was not positive as to what is happening at that corner and she wants to continue this until she can investigate further and determine what is happening there. Councilmember Durbala stated he was trying to determine what she was talking about on the property. Vice Mayor Surra stated she had expressed her opinion and she was waiting for a decision on her motion. VOTE:6-1 (Councilember Durbala voted in opposition.) The motion carried. City Clerk Kathleen Connelly asked if it was to be continued for two weeks. Vice Mayor Surra stated there is no work session on January 17 so it may have to be postponed further.She wants to be sure it will still make the state deadline if it is heard on February 1. City Clerk Kathleen Connelly stated they may have to see it at the next meeting to stay within the state's deadline. City Attorney Joel Stern asked what date that would be. Vice Mayor Surra stated it would be on January 18. PROPOSED RESOLUTION NO.99-63/GENERAL PLAN REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 5 OF 34 AMENDMENT GPA-99-02;PROPOSED ORDINANCE NO.1108/REZONING CASE PZ-11-99 BY FERGUSON/BARNEY;PROPOSED RESOLUTION NO. 99-57/PRELIMINARY PLAT FOR A 186 -LOT SINGLE-FAMILY SUBDIVISION,TOMAHAWK,CASE SD -04-99 )City Attorney Joel Stern commented the general plan amendment must pass by a vote of 2/3 in order for the other two items to be voted upon. Associate Planner Rudy Esquivias briefed the council on the item.The 40 acre property is located at the northeast corner of Tomahawk and Baseline.It is currently zoned TH.The applicants want to rezone the property from TH to CR-3 in order to build a single-family home subdivision.They are asking for straight zoning which will require 7,000 sq.ft.minimum lots with standard setbacks.Due to its being straight zoned,the city cannot ask for trade-offs such as open space and recreational amenities.The applicants are asking for a general plan amendment to change this from a commercial and industrial corner to a medium density designation of 1 to 6 dwelling units per acre.The applicants will be required to improve the half right-of-ways on Baseline and Tomahawk.Trend Homes is the proposed builder of this subdivision.Development fees will be paid on a per permit basis.The project will be connected to the sewer district;the district has already committed to providing them service along with the Water Utilities Community Facilities District.Council commented the preliminary plat showed a spartan design without much open space.The applicants have agreed to giving up one lot to provide some open space and recreational amenities.They have recently given the city a revised plan wherein they have given up a couple of lots on the west end of the subdivision which appears to have a basketball court and a tot lot.All of the front yards appear to be landscaped.The city had asked that the two retention areas on the southeast and southwest corners be green areas where kids can play.The property will have dedicated streets on the west and south,however the internal streets will be private.They are giving the homeowners larger front yards,but they are not providing a 50'right-of-way for those internal streets.The streets will need to be maintained by the homeowners association,and they do not have to meet city standards.Currently,the general plan calls for commercial/industrial but the property is zoned for a trailer park.If the general plan amendment is approved and the zoning is approved,the land use and zoning will be congruent.Staff recommends a REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 6 OF 34 permanent family subdivision there as opposed to a transient type of use such as a manufactured home park or a recreational vehicle park.The Planning and Zoning Commission recommended approval with a 4-2 vote with one abstaining; Commissioners Kelley -Devaney and Gifford voted in opposition,preferring to see a commercial corner developed in the area and commenting that the home designs being uninteresting,especially the rear of the homes.Council had expressed concern at the work session over the long,narrow streets and little usable open space.The streets do meet subdivision street design requirements and they have added some open space.The subdivision does meet minimum standards. Associate Planner Paul Michaud briefed the council on the preliminary plat.The Planning and Zoning Commission recommended denial unanimously 4-0 on this plat.There had been no changes on the plat previous to tonight and no comments had been received. Staff looked at the private versus public streets,the lot layout,the play areas and traffic calming devices.Four basic conditions are in the resolution. Councilmember Dietz asked if they were going to have street lights. Associate Planner Rudy Esquivias stated the applicant agreed at the work session to do street lights. Councilmember Dietz asked if the homeowners would be responsible for the maintenance and paying Salt River Project for the street lights since they will be private streets. stated that was correct. would be a gated community. stated it would not be a gated community. Associate Planner Rudy Esquivias Councilmember Eck asked if this Associate Planner Rudy Esquivias Councilmember Eck asked if there was another community like this with private streets in the city. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 7 OF 34 Associate Planner Rudy Esquivias stated that Kaufman and Broad have one in the works.However,those will be cluster neighborhoods.There are a few other subdivisions in town that have private streets. Councilmember Eck asked if any of those had been developed in the last couple of years. Associate Planner Rudy Esquivias stated there have been no recent ones.He then corrected himself to say that Meridian Manor is a recent subdivision with private streets. a family subdivision. stated it is age restricted. gated. Councilmember Eck asked if that was Associate Planner Rudy Esquivias Councilmember Dietz added i t is also Mayor Coleman commented it appears they gave up four lots for the basketball/play area.He asked if there were any other changes. Associate Planner Paul Michaud stated he just saw it for the first time tonight.It appears they have lost a retention area and play area and incorporated it into the other area.They may have given up only two lots. Associate Planner Rudy Esquivias stated the previous plat showed some additional retention areas on the sides, but those appear to have been eliminated. Mayor Coleman requested the applicant address the council. Mr.Clyde Barney,230 S.Rancho Legante,Gilbert,addressed the council.He commented the council had been concerned with the length of the streets,and they have been shortened to 700 REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 8 OF 34 and 900 feet.The advantage of private streets is that they give more lot to the homeowners.They do not give them 10'of "no man's land" to park their cars in front of their houses.This will give the homeowner a larger backyard and more control of their front yards.The homeowner is responsible for his lot.They will put sidewalks on both sides of the street,and there will be street lights.The city will not have to maintain the streets as they will be private.There was concern about not having enough recreation area,so they increased it by taking two extra lots and almost doubling that area.A total of four lots will be used.It also doubles what the city is asking for in retention areas.The police will be able to respond to criminal activity the same as they would on a public street.The homeowners may invite the police in to take care of speeders,but the streets are short enough to deter that. There was a concern of too many kids for the schools,but they feel like families are essential to any community. Mayor Coleman asked if they would now be putting sidewalks on both sides of the street. had contacted the sewer district yet. contacted the sewer district. was done. Mr.Clyde Barney stated they would. Councilmember Urich asked if they Mr.Clyde Barney stated they had Councilmember Urich asked when that Mr.Duran Thompson,DMN Engineering, 1783 W.University,Tempe,stated the sewer district was contacted in August. They already have a will serve letter from the district.He added they feel they are creating a closed -in,walled -off community by not having the streets flow into Tomahawk.It will service itself.He commented they about doubled the open space required.The streets will be built to city standards,if not exceed them,by having aprons.These will be for speed control and drainage purposes.He explained this theory.He commented they would be willing to work with staff on the ideas of speed bumps,3 -way stop signs at intersections and crosswalks,and other ideas.They feel they have met or exceeded requirements. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 9 OF 34 Councilember Eck asked where the utilities would be located. Mr.Duran Thompson stated they created public utility easements for gas and electric.The water and sewer will actually be in the streets. Councilmember Eck commented the water company would have to come and repair a leak in the private road. Mr.Duran Thompson stated they will be developing tracts which will be used as easements for utilities.They will have permission without having to get permission to service the development. Councilmember Eck asked who would be making sure that a street patch was done appropriately. Mr.Duran Thompson stated they have not developed a set of CC&R's for the subdivision.As the improved plans are developed,the CC&R's will be developed. Councilmember Eck commented the city would not have any authority to do anything if a citizen calls ten years from now and states that the private road is bad.The city will be depending on a homeowners association to make sure the appropriate repairs have been made. Mr.Duran Thompson stated that is the intent.The dues are being paid to manage those types of things. Councilmember Eck asked where the nearest commercial area would be where someone could go and get a snack,since they are taking away the commercial zoning for this corner. Mr.Duran Thompson stated he does not know where the closest one would be. Councilmember Eck stated it is about two miles away. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 10 OF 34 There was general discussion as to the closest convenience store or fast food restaurant. losing commercial to approve residential. needed to support the commercial. do need rooftops. Councilmember Eck commented he hated Mr.Clyde Barney stated families are Councilmember Eck agreed that they Councilmember Durbala commented the residents would be paying for the street lights and the road repair.There will also be a homeowners association.He asked for a rough estimate for the costs to the homeowners,and if they would be assessed by property values or per home. Mr.Clyde Barney stated they would probably be assessed per home.He commented Trend Homes would be figuring that out.At another subdivision he has worked with they charge $45 per month. Councilmember Durbala stated some of the subdivisions already charge more than that now.He asked how they would be able to maintain the roads on that amount,as it is only $550 per year. Mr.Clyde Barney stated that is per home. Councilmember Durbala stated there are other subdivisions larger than this charging more than this. Mr.Clyde Barney stated they may have a recreation center and swimming pool which this subdivision does not have. Councilmember Durbala asked for a rough estimate on the cost of chip sealing the roads every five years. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 11 OF 34 Mr.Clyde Barney stated it would cost around $15,000 to $20,000. Councilmember Durbala stated they would need to have $20,000 every five years to chip seal the street.It appears it may have to be more than $45 per month as there will be other common areas that will have to be maintained. Mr.Clyde Barney stated he did not think it would have to be that high.They can pencil it out so that i t maintains itself. Councilmember Durbala asked Doug Dobson if the cost estimate on chip sealing was correct. Public Works Director Doug Dobson stated it runs about $20,000 per mile. Councilmember Durbala estimated 1.5 miles in the subdivision.He was concerned that the property owners should be made aware of all of the charges before they buy the properties.The council has heard horror stories of people not being told about the lighting districts.Things are sometimes overlooked during the procedures for buying a house. Mr.Clyde Barney stated they will receive a public report from the real estate department that spells all of that out. Councilmember Durbala commented they usually give you a little short one when you go to look at the homes and then when one goes to sign the papers it is suddenly thicker.He wants to be sure they are aware they will be responsible for all of these things.He also finds it hard to believe that $45 a month will cover all the costs. Mr.Clyde Barney commented their concerns are good,as people can be led astray.But a public report and a copy of the CC&R's must be given to the buyer when a sale is being made.It is all spelled out. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 12 OF 34 Councilmember Durbala commented they had widened the streets to the normal standards. Mr.Clyde Barney stated they had always been that way. Councilmember Durbala asked why they could not be turned over to the city for maintenance instead of having them do it themselves. Mr.Duran Thompson stated the purchaser has a concept in mind that he has tried to illustrate;it being a family and closed community.It is becoming a trend in this city and in other places.If you have a right-of-way up to the sidewalks,it creates an area that the homeowners do not have to maintain and it eventually turns to dust. People pull cars up on top of the sidewalk.It is within the right-of-way,so they are within their rights to do it. Councilmember Durbala stated they can put in the CC&R's that they cannot drive up on the sidewalks. Vice Mayor Surra commented they do not do that where there are sidewalks,only where there are not any sidewalks. Councilmember Durbala commented they are making it sound worse than it really is.The CC&R's should be saying that they cannot park out front,that they have to park in their driveway.He commented he believes what they are saying is hogwash.Public streets are very important as the city can maintain them;he does not want homeowners coming back in 10 to 15 years and complaining about potholes not being repaired.If the homeowners association goes defunct or starts assessing higher rates to these people,these people will complain to the city council. He believes it would be better if the city took care of the streets. to create a private subdivision.He was that they do not want something with the bowl,which is why he made that comment. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 13 OF 34 Mr.Duran Thompson stated they want told by a planning and zoning member cars parked out front creating a dust It seemed to make sense. Mayor Coleman commented other private roads have been turned over to the city after a number of years.He asked staff how the length of these streets will compare with the Azure Skies Subdivision. Associate Planner Rudy Esquivias stated the streets in Azure Skies are longer,being approximately 1/4 mile. Councilmember Eck asked about the subdivision east of Azure Skies. Associate Planner Rudy Esquivias stated they have some long streets,but their streets curve. Councilmember Eck commented he recalled they wanted something in that subdivision so that the streets would not be just straight. Mr.Duran Thompson commented they agreed with the length being 1320 for several reasons.It has to do with design speed,but it also minimizes the amount of intersections,which is what they try to do.It becomes a safety issue. Councilmember Eck asked if he thought it would be beneficial for this subdivision to have a commercial corner there. Mr.Clyde Barney stated they looked at that,and they are for that.They have 15 acres of commercial on the corner of Southern and Meridian.They would like to keep that commercial,but they need the people to support that.It will be a while before anything is built on the state land south of that.It is too far from the freeway for a hotel;a franchise came in and looked at it and determined that.They have to look at the cost of the land and the cost to support it. Councilmember Urich stated they have numerous family developments that are being developed or have been developed in the city.Many of the places for winter visitors now have more and more people living here year round.She would hate to lose the retail commercial from that area. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 14 OF 34 Mayor Coleman commented the only problem is that i t is currently zoned for an RV park.This would make it less dense than what it currently calls for,and he appreciates that. Mr.Clyde Barney asked how efficient the city has been in maintaining the 10'area between the sidewalk and the homeowner's property line. Vice Mayor Surra commented the homeowner maintains it even though it is a right-of-way.That is in an ordinance.They are liable for keeping it clean.She believes the caliber of people that will be buying in this subdivision will want to keep the area clean.She is sympathetic to the fact that the area will not support a commercial corner there at this time.She is not concerned about a subdivision going in there,but she is concerned about the isolation the walled communities provide from the rest of the community.She cannot support that.She wants to see the streets public;that the lots still have the space they require yet have the subdivision streets meet standards.The city will still get the calls on any problems that occur with those streets,and it will have to answer for them.She does not like to see the burden of street maintenance passed on to the resident of the subdivision.They still have to pay taxes for all the other roadways that are being done.The streets are allegedly going to exceed standards,so she cannot go along with their desire to keep them private streets.She does like the idea of sidewalks on both sides. Mr.Clyde Barney commented he has lived in a subdivision where the residents had to do the street repairs and they felt good about it when it was done as there was a fund that had been built up over the years to cover the problem. Vice Mayor Surra stated they get less wear and tear in a senior community. Mr.Clyde Barney stated this was a family development.It is Val Vista Lakes. The council in general stated there were a lot more homes involved there with different clientele. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 15 OF 34 Mr.Clyde Barney asked that they approve this as he is on a time limit with the buyer.He feels it will add to the community.They may not like the private streets,but i t is better than the alternative.It will be a beautiful subdivision. Councilmember Eck commented though they had addressed most of his concerns and answered his questions,he is still concerned about the streets as the city will be getting the phone calls. Vice Mayor Surra commented the city will be held accountable no matter who does the work. Councilmember Insalaco commented that someone earlier told the council that they would be building a beautiful subdivision,and it is one where Trend Homes is,and the front of the homes are nice,but the rest of it look like barns.It is not a pretty subdivision at all from any direction.This bothers him.The front of the homes look beautiful,but the rest of the building looks like a barn with no windows.He has stated before that this is Apache Junction and he does not care what the other cities do.He does not want to see that in this city,and he cannot go along with private streets. Mr.Duran Thompson commented the plan approval is a separate process from what they are trying to accomplish. Councilmember Insalaco stated these homes looked beautiful from the front,but from the back they are not.And the city is now stuck with them.He is trying to limit the things the city is getting stuck with. Mr.Clyde Barney stated the back of many homes are not aesthetic,including trailer home parks. Mayor Coleman opened the public hearing on the item. Mr.Tom Schulke,1889 S.Palo Verde, Apache Junction,addressed the council.He commented that it would take about 3 or 4 years for them to accumulate $20,000 or $30,000 for a chip seal project.He suggested adding a stipulation to their homeowners agreement that REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 16 OF 34 they create a fund for expenses like that.These subdivisions tend to have small garages and the longer vehicles,like extended pick-ups,will not fit in the garage or the driveway:these then have to be parked on the street.His concern is that the driveways be long enough to park these longer vehicles upon.He also wanted to know the police department's opinion on gated communities and walled -in communities. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He believes this is the subdivision where all the streets were straight and they had used traffic calming devices that stuck out into the street to slow down the traffic.This reminds him of the Palm Springs subdivision where all the streets have become drag strips. The Planning and Zoning Commission voted against this subdivision and he urged the council to do the same. Councilmember Durbala and Mr.Fisher had a short discussion on where the speeding was occurring in the Palm Springs subdivision.Councilmember Durbala stated he would have the police look into the problem. Mr.Rick Gardner,685 W.Tepee Street,Apache Junction,addressed the council.He commended the developer for including sidewalks on both sides of the street.He commented they had identified traffic calming devices on their original drawings,but those have either disappeared or they are no longer being talked about.The traffic calming devices would not work.The 900'and 1100'streets are an invitation for speeding.He urged the council to think about the safety of this park. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck asked if the city would have the same enforcement potential on a private street as on a public street. City Attorney Joel Stern stated the city would not be able to enforce speeding laws since they are not dedicated to the public.If there is violence occurring on the roadway,such as an REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 17 OF 34 assault,the police can address that issue.The only traffic offense they can enforce is driving while intoxicated. Councilmember Eck commented that i f they were drunk and speeding the city could enforce it,but sober and speeding they could not. Public Safety Director Robert Warner stated that was correct. Councilmember Eck commented it seemed like this subdivision was really close,but he believes it will come down to whether the streets are public or private. Mayor Coleman asked if there were any concerns by the police department over the safety in walled communities. Public Safety Director Robert Warner stated,in general,the less avenues of ingress and egress you have,the better off the subdivision is.He would not have any unusual concerns over what he had heard about this subdivision,but that opinion is qualified as he had not seen the plans himself.Straight streets offer a better opportunity for officers to locate homes and addresses in emergency times,however,that same situation lends itself to traffic complaints.It is compounded by the fact that if it is a private street,and people call the police department to complain about speeders,they would be told that the police department has no jurisdiction on those streets,and people do not understand that.They would then call the county sheriff,who would have to tell them the same thing. These people then wonder where to get assistance.It is confusing and difficult on both sides. Councilmember Durbala asked if he thought most of the homebuyers would be advised of this before they purchased the property. Public Safety Director Robert Warner stated it would be speculation on his part,but he would doubt that it would be highlighted. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 18 OF 34 Vice Mayor Surra asked if they must have a decision on all three items tonight,or can they do the general plan amendment and the rezoning but hold back on the preliminary plat approval until their concerns are addressed. City Attorney Joel Stern stated the general plan has to be voted on first,then the rezoning,and finally the preliminary plat.The general plan could be voted on and the other items continued,or all of them could be continued.If the general plan is voted on and there is less than five in favor,everything dies.The same project could not be brought back for a year.If the project is changed,the number of houses or the streets,then it could be brought back.The council can move to continue if they are not comfortable with any item. Vice Mayor Surra commented she would hate to hold up an entire project over how the council feels about public or private streets.She just wants to make sure they can vote on the general plan and rezoning and continue the preliminary plat.This way they could go forward with the developer.She asked what would happen if they approved the first two but could not come to an agreement on the preliminary plat. City Attorney Joel Stern stated that under current subdivision regulations,this plat meets all requirements. Council may not like the private street designation,but the city cannot force them to have public streets within the interior boundaries. Vice Mayor Surra commented that i f the council did not like the preliminary plat,it could impact on how they felt about changing the zoning or general plan. City Attorney Joel Stern stated the general plan deals with densities.The zoning deals with the land use.The actual configuration is involved in the preliminary plat. Councilmember Eck asked what would happen if the general plan amendment was approved. City Attorney Joel Stern stated the rezoning would still need to be voted on or continued. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 19 OF 34 Councilmember Durbala stated they could then continue the preliminary plat. City Attorney Joel Stern stated the preliminary plat and the rezoning could be continued.However,the preliminary plat presented tonight meets all subdivision regulations. Vice Mayor Surra commented she thought the size of the streets did not meet standards. Councilmember Durbala stated they do not meet the standards for public streets;they do for private streets. Vice Mayor Surra commented she could see no reason to discuss this if private streets do not have to meet the standards. City Attorney Joel Stern commented there was some discussion about having them dedicated as public streets.In order to do so,they would have to meet public street standards. Vice Mayor Surra asked if it would be okay to dedicate them since they supposedly will exceed the standards for a public streets.They would meet the standards though they might be different in size. City Attorney Joel Stern asked the city engineer if the streets would meet the city requirements as they are being presented. City Engineer Paul Stears stated they would not meet the standards for public streets as they do not have a 50' right-of-way. City Attorney Joel Stern stated they would have to have a 50'right-of-way in order to be accepted for dedication; they are only offering 32'of right-of-way.That right-of-way would meet private street standards as it is written today. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 20 OF 34 City Manager Curtis Shook asked if the council would have to accept private streets in the preliminary plat. City Attorney Joel Stern stated the city cannot force them to dedicate the streets as a public right-of-way. Vice Mayor Surra commented they do not have to accept the preliminary plat as presented. City Attorney Joel Stern stated it meets the requirements under the subdivision regulations. Vice Mayor Surra commented they would have to accept the preliminary plat if it was rezoned for that.She does not understand why that does not happen in other places. City Attorney Joel Stern stated he would prefer to go into executive session on this but it was not listed as an item so he cannot. Vice Mayor Surra commented she could not see the need for an executive session.Everyone should be able to know what is going on here. City Attorney Joel Stern stated if they approve the rezoning,the preliminary plat as presented meets city regulations. Councilmember Durbala commented it would then have to be approved. City Attorney Joel Stern stated the council does not have to approve it. Vice Mayor Surra stated she understood what he was saying,but she does not like it.She needed to know if the general plan and rezoning were approved,would the council then be forced into accepting the preliminary plat. City Attorney Joel Stern stated they REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 21 OF 34 are not required to vote yes. Vice Mayor Surra stated she knew that,but that would have been her inclination. Mayor Coleman asked which preliminary plat they were voting on and if staff had been given enough time to review the plat. Associate Planner Rudy Esquivias stated staff received the revised preliminary plat that evening. Vice Mayor Surra commented it is not the one that is on their map. Associate Planner Rudy Esquivias commented the city can only exact a dedication of streets during a rezoning and replatting process. City Attorney Joel Stern stated that was correct. Associate Planner Rudy Esquivias commented he believed they could approve the general plan amendment and approve the rezoning,but they would have to delete stipulation number one, which states the final development plan shall be in substantial compliance with the concept plans presented during the rezoning.If that is deleted,and the required dedication of all streets to meet city standards is added,that could resolve the problem.They could approve the general plan amendment and the rezoning with that change in stipulation,but not the preliminary plat, which would tell the applicant to come back with a plat showing 50'dedicated right-of-ways.However,that may not be acceptable to the applicant. Mr.Duran Thompson stated they would not do that. City Manager Curtis Shook asked if the property could be rezoned to other things. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 22 OF 34 Associate Planner Rudy Esquivias stated it is zoned for commercial/retail. Mayor Coleman commented they have been looking at ways for growth to pay for itself.Here is a subdivision that wants to pay for its own streets.He was concerned about sidewalks on only one side,but they have consented to sidewalks on both sides and they have added more open space.He does not have a lot of concern over the private streets as it would relieve the city of some burden. Vice Mayor Surra commented her greater concern is that homeowner associations will start levying higher and higher fees in order to take care of everything they are being asked to do, and still have these people pay all the same taxes as the others.It is another financial burden.She believes these young families are already paying their fair share in other ways.She would not like to see them having to pay for all of those street improvements when the city just passed an ordinance requiring the developer to pay for the street light improving districts.They are already taxed for the public roads,and they will have to pay an extra amount for their private roads.She commented if she has to vote no on everything to support lower costs for the residents,she will vote no on everything. Councilmember Durbala agreed with Vice Mayor Surra.He believes it is time to start saying no to some of the developers.They come in and say they are going to do things their way and if the council does not like it,that is tough.He added they can do other things with the property,they have given statements as to what they are going to do with the property if it is not approved.He does not believe the residents should have to continually pay for something that they are already paying for once.The lighting districts are to be paid by developer,yet in this one they are supposed to change it and the next one may be changed yet again.This came up due to the billing Councilmember Dietz'subdivision got. He is concerned that these people will not be aware of the costs involved that need to be addressed before they even move onto their properties.It will hurt some of these people financially.He commented if the only issue stopping this developer from building this project is the denial of private streets,than he feels that is tough as he cannot vote for something that solid and set.It will cause more problems in the city and cost the city REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 23 OF 34 money later on when these roads are eventually taken over by the city.He does not want to set a precedent with this subdivision. Mayor Coleman asked if they could deny or postpone the preliminary plat if they passed the general plan amendment and the rezoning. City Attorney Joel Stern stated they could. Vice Mayor Surra commented she does not believe it solves the problem.They have already stated they would not negotiate on those private streets. Councilmember Durbala agreed. Councilmember Eck commented the main concern at a neighborhood block meeting is speeding,involving approximately 80% of the complaints.This subdivision would give the city less control on it.He thinks i t is a good subdivision,but if this comes down to the subdivision having public or private streets,he would have to deny it if it had private streets. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT RESOLUTION NO.99-63,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-99-02,A REQUEST FOR A LAND USE REDESIGNATION FROM "C"(COMMERCIAL)AND "IND"(BUSINESS PARK/INDUSTRIAL)TO "MD"(MEDIUM DENSITY RESIDENTIAL/1 TO 6 DWELLINGS PER ACRE/CONVENTIONAL HOMES ONLY),FOR A 40 GROSS ACRES PROPERTY LOCATED AT THE NORTHEAST CORNER OF S.TOMAHAWK ROAD AND E.BASELINE AVENUE,BE DENIED. Councilmember Durbala asked to offer an alternative motion before a second is accepted.He wanted to make a motion to continue all three items to the next regularly scheduled meeting in February to give the applicant a chance to think about what the council was saying up here before anything was voted on. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 24 OF 34 Councilmember Eck withdrew his motion. Councilmember Durbala MOVED THAT ALL THREE ITEMS BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING IN FEBRUARY, THE FIRST MEETING IN FEBRUARY. Councilmember Urich SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they would want this on the February 1 meeting and the January 31 work session. Councilmember Durbala stated that was correct. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. PROPOSED RESOLUTION NO.99-60/FINAL PLAT FOR LOST DUTCHMAN GARDENS.CASE SD -99-01 ) )Long Range Planner Kate Morris briefed the council on the item.It is located at Lost Dutchman Boulevard and Warner Drive in the southwest corner.This is a 10 acre parcel.All of the improvement plans are in and signed off on,all of the certifications to construct are there and ready to go.This is hard zoning with lots ranging from 7144 sq.ft.to 9000+ sq.ft and it has public streets.The costs of the street lights will be borne by the developer.These residents will only be assessed for maintenance and power.She gave a brief description of the homes and advised the applicant was in attendance. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 25 OF 34 Councilmember Insalaco commented it is refreshing to see some designs without the garage stuck out front. Councilmember Eck asked how soon they can start grading after the preliminary plat is approved. Long Range Kate Morris stated they can apply for an excavation and grading permit after all of the grading and hydrology portions of the improvement plans have received engineering approval from the city engineer.That usually occurs 2-3 weeks before the council sees the final plat. Councilmember Urich commented she is pleased with the area the developer chose to develop in,and she hopes he finds other areas to develop in Apache Junction. Long Range Planner Kate Morris added this is one of the few sites where it will have pristine desert;it will not all be bladed down.There has been some salvage and there will be revegetation of similar size. Councilmember Insalaco commented they are having a developer follow the plans for a change. Mayor Coleman requested the applicant address the council. Mr.Ladell Call,8660 E.Waterford Circle in Queen Creek,addressed the council.He had nothing further to add and was there to answer any questions. Vice Mayor Surra asked if there would be any hidden costs involved for any homeowners purchasing one of his lots. Mr.Ladell Call stated he may have to redo his homeowners association fees.He thought they were going to have a street light improvement district and they had considered private lighting in front of the houses,but the cost is not effective.He was unaware of the ordinance passing on the cost of the street lights to the developer until REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 26 OF 34 tonight.It will be a cost but it should not kill him.He does wish that the city would take over the maintenance of the retention areas as he does not like homeowners associations.There is great contention in them,but he does agree to have one to take care of Tract A.At this time the allotment is $25 a month which should far exceed what it will cost to maintain Tract A and the perimeter.This should be adequate as there are many people who do not pay their homeowners association fees.It is about double what it needs to be, giving them excess funds for something within Tract A in regards to playground equipment or other things in the future. Vice Mayor Surra asked staff what is the general rule of thumb regarding Tract A being maintained by a homeowners association or the developer putting it in and turning it over to the city. Development Services Director Glen Van Nimwegen stated he believes parks like this are a burden for the Parks and Recreation Department to maintain.He believes they would want something at least 5 to 10 acres in size before they would maintain it. City Manager Curtis Shook stated if they took anything smaller they would be creating an area with "postage stamp" parks.It would take more time than is cost effective to move the equipment around. Vice Mayor Surra stated these are basically retention areas that are not used by the public at large. 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 commented he really liked the subdivision and he wished they would see more like this. Mayor Coleman closed the discussion and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.99-60,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT LOST REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 27 OF 34 DUTCHMAN GARDENS SUBDIVISION,CASE NO.SD -99-01,BY A.L.C.BUILDERS,QUEEN CREEK,ARIZONA,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1114/ESTABLISHING STOP SIGNS AT LOCATIONS WITHIN THE CITY ) )City Engineer Paul Stears briefed the council on the item.Additional stop sign locations within the city have been located along with stop signs needed in new subdivisions.He read a list of the locations requiring stop signs. Councilmember Eck asked if the money for this had been collected by development fees. City Engineer Paul Stears stated the city requires that the developers install the signs as part of their subdivision improvements. Councilmember Eck asked if the developer will be responsible for installing the signs. City Engineer Paul Stears stated that was correct,and they must be installed to city standards and in the correct location. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1114 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 28 OF 34 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Urich MOVED THAT ORDINANCE NO.1114,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION ZONING ORDINANCE/LAND DEVELOPMENT CODE TEXT AMENDMENTS )Councilmember Durbala commented he would like to see staff come back with a list of all of the things council has directed staff to do since 1996.He would like to see what has been completed,what is in abeyance and if the item is still a top priority. City Manager Curtis Shook asked if he meant everything that has been discussed since 1996 or just those things that have been left outstanding. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 29 OF 34 Councilmember Durbala stated it would be those things that have been directed by the council.If they have been completed,it should just say that they have been completed on the side. Many directions have been given by council that have not been brought back, such as market days,landscaping and discussions with direction to staff to come up with things.He is primarily interested in those areas. City Attorney Joel Stern asked if this would be limited to zoning text amendments and the development code or are other things included. Vice Mayor Surra stated he has to limit it according to the title of the item. Councilmember Durbala stated it is those things in particular.However,he had discussed the other issues with the city manager previously. City Clerk Kathleen Connelly reminded the council that there is no work session in two weeks. There was general discussion by council and the city clerk on the possibility of a small work session prior to the January 18 meeting. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT WITHIN 60 DAYS STAFF BE DIRECTED TO PROVIDE A LIST OF UNCOMPLETED ITEMS WHICH STAFF WAS DIRECTED TO COMPLETE SINCE JANUARY 1996;THE LIST SHOULD BE LIMITED TO ZONING TEXT AMENDMENTS AND OTHER LAND DEVELOPMENT CODE ISSUES.FURTHER, ANOTHER DISCUSSION BE SCHEDULED TO CONSIDER THIS LIST WITHIN THE 60 DAY PERIOD AT A REGULARLY SCHEDULED MEETING. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 30 OF 34 The motion carried. CODIFICATION AND DISTRIBUTION OF UPDATES TO ZONING ORDINANCE AND OTHER CHAPTERS OF THE CITY LAND DEVELOPMENT CODE )Councilmember Durbala commented this was discussed last night at the work session. Vice Mayor Surra asked what kind of direction he might be going in.She is not sure a majority of the council will agree with this direction. Councilmember Durbala asked if she wanted to hear his motion. Vice Mayor Surra stated she wanted discussion;the motion should come after the discussion. Councilmember Durbala commented he wants to take all of the zoning amendments since 1994,as there have been no revisions since then,and have those updated.Staff is using books with things thrown into them for revisions and this is a poor way to serve the public.Currently,he has to call staff to see if part of the code being referred to for an upcoming meeting is up to date in his book.He should also be able to give anyone who calls him current information.This information needs to be updated,maintained and incorporated into the most recent revisions for Volume II. Vice Mayor Surra asked who this would be distributed to. Councilmember Durbala stated it should be distributed to the council,code enforcement and planning. Vice Mayor Surra commented it should be made available to any council member who wishes to have it,but this task appears overwhelming to her.She proposed staff being directed to find an outsourcing arrangement in order to accomplish it.That is the issue of why it gets behind.She is concerned that the city would have to pay for an outside source in order to keep things up to date. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 31 OF 34 Councilmember Durbala stated this should have been done on a regular basis. Vice Mayor Surra commented that i t was not done on a regular basis. Councilmember Durbala stated it should have been done and it should have been updated a long time ago.He gave as an example the developer not knowing they were supposed to install the street lights as the book had not been updated and he had not been told,or an individual coming for a building plan and not being able to find all the information. Vice Mayor Surra stated she understood his concern,but she is concerned about what kind of direction he is going to give the staff.She does not want them overburdened by his requiring them to dolt in-house. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT STAFF,WITHIN 60 DAYS,PRESENT COUNCIL A WORK PLAN ON HOW VOLUME I I OF THE CITY CODE WILL BE UPDATED AND MAINTAINED.In other words,that means they can come back with a number of things that they like including outside sourcing if they need to.SO THAT ANY CHANGES CAN BE INCORPORATED TO THE MOST RECENT VERSION OF THE PERTINENT CODE PROVISIONS WITHIN 30 DAYS OF THE ADOPTION OF SUCH PROVISIONS.THIS DIRECTION SHALL APPLY TO ALL CHANGES TO VOLUME II WHICH HAVE BEEN ADOPTED SINCE 1994 AND ANY SUBSEQUENT CHANGES IN THE FUTURE. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 32 OF 34 Councilmember Durbala MOVED THAT SINCE CITY OFFICES WILL BE CLOSED ON MONDAY,JANUARY 17,2000 IN OBSERVANCE OF CIVIL RIGHTS DAY,NO WORK SESSION WILL BE HELD ON THAT DAY,I MOVE THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION FOLLOWING THE EXECUTIVE SESSION BE HELD ON TUESDAY,JANUARY 18,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Vice Mayor Surra suggested a 5:30 p.m.executive session time in order to allow them time for a work session if needed. Councilmember Durbala withdrew his motion. Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 5:30 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 18,2000,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced that the attorney general,the mayor of Mesa and himself,and the police chiefs of Apache Junction and Mesa would be participating in a town hall on senior issues at the Community Center,201 N. Center,Mesa,from 10:00 a.m.to noon tomorrow. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:25 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 33 OF 34 2.Acceptance of Minutes of Regular Meeting of December 7,1999. 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Public Works Department employees. 4.Award of Bid Proposal PW 99-31,West Apache Trail/Old West Highway Crossover Study. ACCEPTED THIS 18TH DAY OF JANUARY ,2000,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JANUARY ,2000. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS/COLEMAN 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 4th day of January,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of January,2000. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 4,2000 PAGE 34 OF 34