Loading...
HomeMy WebLinkAbout1999-03-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 2,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 2,1999,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 Pastor Charlie Fox gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Urich Councilmember Insalaco Councilmember Eck Councilmember Durbala Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 1 OF 33 Assistant Planner Paul Michaud Planning Intern Shahin Dahnad ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE FOLLOWING EMPLOYEES BE RECOGNIZED FOR THEIR OUTSTANDING SERVICE TO THE COMMUNITY:PARKS & RECREATION DIRECTOR JEFF BELL;PARKS & RECREATION SECRETARY MARY MARCH;PARKS & RECREATION EMPLOYEE JIM ANDERSON;PARKS & RECREATION EMPLOYEE JEFF BLASDELL; OFFICER THERESA RODGERS;AND THAT THE AWARD OF BID FOR PW 99-01 TURF RAKE AND VACUUM BE AWARDED TO HORIZON IRRIGATION & TURF IN THE AMOUNT OF $13,948.08; AND THAT THE APACHE JUNCTION COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1997-98 BY STARKWEATHER & FESTER P.C.BE ACCEPTED:AND THAT SCOTT D. KRAMER BE APPOINTED TO THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT NO.1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2002;AND THAT THE AWARD OF BID FOR PUBLIC WORKS 99-01,CONSTRUCTION OF SIDEWALKS,CURB AND GUTTER, SIDEWALK RAMP,MEDIAN RAMP AND OTHER RELATED WORK FOR SOUTH DELAWARE DRIVE AND WEST APACHE TRAIL BE AWARDED TO Z-COR INC.IN THE AMOUNT OF $25,317.00,PLUS 10% FOR UNFORESEEN CHANGE ORDERS:AND THAT THE AWARD OF BID FOR PUBLIC WORKS 99-02,INSTALLATION OF TRAFFIC SIGNAL INFRASTRUCTURE AT THE INTERSECTION OF DELAWARE DRIVE AND WEST APACHE TRAIL BE AWARDED TO UTILITY CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $51.630.00 PLUS A 10% OVERRIDE FOR UNFORESEEN CHANGE ORDERS;AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION FIRE DISTRICT FOR USE OF CITY FUELING FACILITIES,A WAIVER OF DEVELOPMENT AND BUILDING PERMIT FEES,AND PROVISION FOR FIRE SAFETY SERVICES,AND THAT THE MAYOR BE AUTHORIZED TO SIGN THAT AGREEMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Mayor Coleman announced a Certificate of Appreciation for Art Grandlich in recognition of valuable contributions to the city and the Pool Pals REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 2 OF 33 Foundation.Public Safety Director Robert Warner accepted the certificate on Mr.Grandlich's behalf as he was unable to attend the meeting. CALL TO THE PUBLIC Mr.Jerry Dean,825 W.12th Avenue,Apache Junction,addressed the council regarding a proposal to divide the city into six election districts for the purpose of having councilmembers representing each area of the city equally. Mr.Elliott Fisher,547 E.Quail,Apache Junction,addressed the council regarding attacks on his integrity and honesty,his previous proposal to divide the city into districts -including Gold Canyon,and the charge that he was using the death of a seventeen -year -old young man as political firepower. He added if he was doing something unsafe in his backyard,he was sure code compliance would be on his property in a hurry. CITY MANAGER'S REPORT City Manager Curtis Shook briefed the council on the financial report.It is now at the highest standard of governmental reporting,and the city may qualify for a Certificate of Excellence this year.There has been a dramatic increase in the cash reserve that is being held for the capital facilities plan.Cash flow management increased interest income by over 40%.It shows a positive cash flow of over $847,000 in the general fund alone,giving the community some choices regarding building capital facilities in the near future.In addition,the February report shows this current fiscal year to be outstanding also,as there is an increase of over $500,000 in the local sales tax revenue through the first two-thirds of the year.Development fees have shown roughly a 66%increase.At this time the city has a positive cash flow of $954,000,while two years ago the city was still $30,000 in the red.The city was in deficit spending ten months of the year then;i t is now only three months of the year.The cash flow is 50% higher than it was in 1997-98.The local sales tax revenue has been enhanced successfully. He also touched upon the public works clean up two weeks ago.There were 188 pick ups,which was about 60 more than in November.The next pick up will be the week of May 17.When the landfill agreement was renegotiated,pick ups went from bi-annually to quarterly in order to assist the public in cleaning up those properties that were considered offensive premises and partner i t in REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 3 OF 33 with the code enforcement program.This has been successful,resulting in fewer citations and court appearances. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1071/REZONING REQUEST BY DON AND MARJORIE MANNING FROM GR (GENERAL RURAL)TO TH/PD (TRAILER HOMESITE BY PLANNED DEVELOPMENT )Assistant Planner Paul Michaud briefed the council on the item.He commented the Planning & Zoning Commission unanimously recommended denial for this rezoning.This is one lot out of twenty in the Apache Acres Subdivision,which is zoned general rural. It has medium density with a manufactured home overlay,allowing one to six units per acre.At this time there is a single family dwelling,three RV spaces and several storage sheds.Surrounding lots have various uses.In December 1997 a letter of lawful nonconformity request was made to allow for a manufactured home with three RV spaces.In April 1998 a permit for a room addition was requested for the manufactured home.During inspection it was discovered alterations had been done to the manufactured home wherein it could no longer be called a manufactured home;it would now have to meet the uniform building code standards.A stop work order was placed in February 1998.As a result,all grandfather rights were lost.The Mannings have to either bring the property into general rural zone compliance or try to rezone the property to allow the current uses.The trailer homesite zone was chosen as i t is the only zoning that will allow recreational vehicles,and it is by planned development as this could be called an RV park.The appropriate business licenses have been applied for.Planning & Zoning was concerned that this would set a factual precedent if this was approved;whether additional RV spaces could be put on the property if it was approved;and whether there had been any other similar properties in the past.The only other similar property already had a commercial general plan underlying it.Discussion included each RV space would have to have its own utility pedestal and that there is an additional RV on the property while a single family dwelling is being constructed.There is a caretaker on the property during the summer months which would create a hardship if this was not approved.This request could reduce and phase out current land use incompatibility and the four dwellings would not exceed the maximum units allowed.However,non -conforming uses are a privilege,not an automatic right,and they are eventually to reach conformance in the zone they are in.Public comments included decreased REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 4 OF 33 property values,increased traffic and noise,and the possibility of additional uses being created.Three new comments for the rezoning were received today,which he passed out to the council and read aloud.The ordinance is drafted with one stipulation requiring the RV spaces to have individual utility pedestals within 12 months. Councilmember Eck asked about what happened when the inspector went out to inspect the property for the permit. Assistant Planner Paul Michaud stated the planning department checks for setbacks and compliance issues, while the building department checks that the construction meets the uniform building code or any other regulatory codes.There are certain times throughout the construction where inspections are required.On a regular inspection for the permit,the inspector found additional work had been done. They had constructed a wall or structure around the manufactured home other than what was shown on the original permit. Councilmember Eck commented they did too much work compared to what was on the permit. Assistant Planner Paul Michaud stated that was correct. Vice Mayor Surra asked what the sewer connection situation was. Assistant Planner Paul Michaud stated the property is connected to the sewer district,but the three RV spaces tap into the connection for the dwelling.The sewer district was unaware that the RV's were hooked into the sewer lines.He is sure there will be an additional charge now that they are aware of it. Vice Mayor Surra asked if it was a commercial tap in,which would be larger to accommodate more structures. Assistant Planner Paul Michaud stated he believed it would be the regular one that would go to someone's house. REGULAR 'MEETING OF THE CITY COUNCIL MARCW2,1999 PAGE-5:OF 33 Councilmember Eck asked if they would get livestock privileges if this was not passed. Assistant Planner Paul Michaud stated the zoning allows livestock privileges. Councilmember Eck asked if they could put 20 horses on there. Assistant Planner Paul Michaud stated they would have to follow the equine regulations.This property is not large enough to allow horses,but they could have chickens and other animals. Councilmember Eck commented they could have animals but not livestock. Assistant Planner Paul Michaud stated they could have everything except horses. #64 was. stated that is the Annabelle Apartments. #63 was. stated that is a multiple -family mix. had been rezoned and split. Councilmember Durbala asked what Lot Assistant Planner Paul Michaud Councilmember Durbala asked what Lot Assistant Planner Paul Michaud Councilmember Durbala asked if it Assistant Planner Paul Michaud stated it had not been rezoned.The only lot that has been rezoned is #50, which has been rezoned to CR-5 (multiple family). Councilmember Durbala commented the other lots are still under general rural. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 6 OF 33 Assistant Planner Paul Michaud commented the other lots are nonconforming. Councilmember Durbala stated the whole area is basically nonconforming. Assistant Planner Paul Michaud stated the majority of them are not. Councilmember Durbala asked Paul to show them on the map which properties were nonconforming.Upon completion,he asked if a notice was sent out to all the property owners advising them of the rezoning. stated it was. ones those were. Assistant Planner Paul Michaud Councilmember Durbala asked which Assistant Planner Paul Michaud showed them where they were located on the map. Councilmember Durbala asked if any protests had been received from those properties. Assistant Planner Paul Michuad stated only Mr.and Mrs.Click protested the rezoning. Vice Mayor Surra asked if the other ones blocked in were protests. Councilmember Eck commented she is referring to those east of the property. Assistant Planner Paul Michaud stated those people came to the public hearing and voiced opposition.That information was provided in the packet. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 7 OF 33 Councilmember Durbala asked if those lots are also nonforming. Assistant Planner Paul Michaud stated the ones with the asterisks on the map are nonconforming. There was general discussion about the pictures provided in the packet concerning the lot in question. Councilmember Durbala asked if the sewer district had a problem with the way it was set up. Assistant Planner Paul Michaud stated they were looking into it,but he did not get the feeling that they were concerned.He believes they will have to pay a little more money.They were notified but they did not submit any concerns in writing. Councilmember Durbala asked if the fire district had any problems. Assistant Planner Paul Michaud stated none of the city departments responded with any concerns. Mayor Coleman requested the applicant address the council. Mrs.Marjie Manning,560 N.Valley Drive,addressed the council.She commented this rezoning request would enable them to retain the three trailers on the property.Affidavits had been turned in during December 1997 stating multiple trailers had been on the property since 1985.She believes the remodeling of their manufactured home greatly increased their property value,and it should have increased the property values in the neighborhood.They would be willing to put in separate meters for the three trailers.They do not want any additional trailers. These are permanently attached trailers with cement patios and metal awnings. She added it would be a hardship and expense if they have to remove them,and there would be no one on the grounds when they are gone during the summer. She commented she had a petition from 4 property owners within the surrounding area that supported the zoning change.She added the comments made by Mrs. Hendrix at the public hearing will be handled in a civil court.She had been REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 8 OF 33 told that each case would be considered on its own individual merit.She then requested approval of the rezoning. Vice Mayor Surra asked if the trailers all had their own hookups. Mrs.Marjie Manning stated they all have their own electricity,water and sewer.They do not have separate meters. Vice Mayor Surra stated they do not have separate sewer as they all hook up into her sewer connection. Mrs.Marjie Manning stated that occurs at the end,but they all have their own hookups. Vice Mayor Surra asked if each one was tapped in on the main at the street or on the one from the street to her home. Mrs.Marjie Manning stated they are tapped into the one leading to her home. Vice Mayor Surra commented they are not individually hooked up to the sewer. Mrs.Marjie Manning stated they were unaware of the requirements until they were digging the trenches,and that the sewer district is now aware of it and they are dealing with them on it. Councilmember Eck asked when she became aware they would have to go through this rezoning. Mrs.Marjie Manning stated they were almost done when the building superintendent deemed it a home instead of a mobile and that they had to bring it up to uniform building code standards. However,the basic structure of the mobile is still there.This is when they decided to rezone. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 9 OF 33 Vice Mayor Surra commented that it had turned out great. Councilmember Eck asked if they were aware that they had created something that looked so nice. Mrs.Marjie Manning stated they had wanted to make it look like a little casa.They had been granted approval to enlarge it to 24'x 36',and they saw nothing wrong in enclosing it.It would have looked funny with one side wood and the other side metal.It is the dimensions they had been approved for. Councilmember Durbala asked if they would agree to a restriction that this be the maximum allowed on the property. Mrs.Marjie Manning stated they would. Councilmember Durbala asked if they would agree to the RV spaces being hooked up to the sewer system by themselves. Mrs.Marjie Manning stated they would.She added they would be willing to get individual electric meters i f necessary.They do not want any more trailers on the property. Mayor Coleman asked when they realized that they needed a business license for the three RV's they were renting. Mrs.Marjei Manning stated they realized i t in November. Mayor Coleman asked if that was this past November. Mrs.Marjie Manning stated they immediately complied with the business license when they were told they needed one.The previous owner had never had one. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 10 OF 33 Mayor Coleman commented it is beautiful,but it is almost like they decided that if they did this and the city does not notice and they wait long enough,then they could come in and plead hardship.He understands they were unaware of this. Mrs.Marjie Manning stated they just wanted a little more room in the mobile. Mayor Coleman opened the public hearing on the item. Mr.Leonard Duff,529 N.Gold Drive, Apache Junction,addressed the council.He has been that property's manager for the last ten years.He commented Mr.Manning has been a very nice neighbor. Ms.Marianne Hendrix,505 N.Valley Drive,Apache Junction,addressed the council.She commented the commission had voted 6-0 that this property was guilty of noncompliance.She added she was also representing seven other neighbors that were not here tonight since it was voted down 6-0 for noncompliance last week and they thought it was finished.They all have single dwelling homes which are nicely kept.The apartments have been there forever.She commented the property is zoned for a single dwelling home.She added Mrs.Manning stated she had no intention of adding any other mobiles,yet a year ago on Thanksgiving Day they leveled two plots and brought two trailers in.She pulled them back out after she was reported to zoning. Mrs.Marjie Manning stated they had been on the property. Ms.Marianne Hendrix stated they are concerned about more trailers being brought on the property.It started with one,went up to three,then five,then back to two.She believes i t is unusual to move two trailers onto a property on Thanksgiving when everyone else is celebrating the holiday.It was reported and they pulled them off. This leaves them with a concern that other trailers will be brought in later on. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 11 OF 33 Mayor Coleman asked if their concern would be eased if they added a stipulation that no more trailers could be brought on the property. Ms.Marianne Hendrix stated it would if she knew exactly what they were doing.She understands they want to build a home and leave the three mobiles.She asked Mrs.Manning if they had four mobiles on the property now. Mrs.Marjie Manning stated they have an additional mobile on the property for them to live in for ninety days while their home is being remodeled.In addition,they have 30 families for Thanksgiving dinner and she is sure they will be bulldozing land and moving mobiles homes in and out for that event. Ms.Marianne Hendrix stated that was brought to her attention by other neighbors. Mayor Coleman asked if they would be satisfied if the council stipulated that the ones there had to stay where they were and that no more could be brought in. Ms.Marianne Hendrix stated she is concerned that every large lot there could pull in two to three RV's every winter.In the past it was alright,nothing was ever said about this.She would like to see them comply,because if this is opened up and they are allowed to do that,then three others with large lots will be putting in more RV rentals.The Mannings stated on tape that this was not a financial hardship for them and that they were in noncompliance.Now today she is saying it is a financial hardship.They have senior citizens in the area that do have a financial hardship in keeping their property looking nice.They could make a little extra money by putting these places in.This is a nice, older street and they would like to keep it that way.She never had a problem with how this property had looked,but the two that were brought in on Thanksgiving were just too much.One will never know how many it is going to be.She believes they had intended to put in a mobile home park from the beginning,which concerns her.Though they keep it beautiful,what is going to happen when they no longer own it?The neighborhood was set up for single family dwellings and it should remain that way.She also questioned why they REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 12 OF 33 did not improve the original mobile on the property instead of improving the second one added to the property. Ms.Linda Navarre,560 N.Valley Drive #3,Apache Junction,addressed the council.She commented she has lived at the Manning property for over a year as their caretaker.The extra trailer belonged to their son-in-law and he was allowed to bring it onto the property for a week until he could find some place for it.She sees no problem with that. Vice Mayor Surra remarked that it is against the code. Ms.Linda Navarre added the property is neat and clean and the tenants are quiet.The Mannings have complied with city regulations and she admitted she advised them to have the commission be specific with their regulations as she was aware they would not understand them.There have been mobiles on the property for years,so there should be no objection,and they are the same ones as were on the property when it was originally sold to the Mannings.Three families will lose their homes if this fails.She wondered how those protesting would feel if their homes did not comply and they were put out on the street. Mr.Barton R.Earl,535 N.Valley Drive,Apache Junction,addressed the council.When he bought his place he was assured by the realtor that the area would stay single family homes.He would hate to see trailers coming onto the lot,though the Mannings have maintained the lot.However,he is concerned that it will always be this way. Others,including himself,have as large or larger lots and there is no reason why they should be denied from doing the same thing.He urged the council to take steps to prevent this.He commented the police are frequently at the apartment complex.He believes if that property would become a single family residence they would have a quiet neighborhood.He would not like to see rental trailers on that or any other property in the neighborhood. Mr.Don Manning,560 N.Valley Drive,addressed the council.He clarified that Mrs.Hendrix was wrong on Thanksgiving.His 'grandchildren were riding the lawnmower around on that day, there was no bulldozer.Regarding improving the second mobile home on the property,the original owner died in the first mobile home and his family kept REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 13 OF 33 it tied up in court for awhile.It could not be used or moved by court order. He denied any bulldozing or trailers being moved onto the property since he has been there. Ms.Pam Hiberger,5808 E.Brown, Mesa,addressed the council.She commented she was there last Thanksgiving from the morning to late in the evening and there were no trailers moved in and out,nor was there a bulldozer. Mr.Barton R.Earl commented this had been denied by the Planning & Zoning Commission 6-0 and he was under the assumption that the commission decision would have a lot of bearing on how this should be voted upon. Mayor Coleman commented they do take their recommendation very seriously. Mrs.Marjie Manning asked the council to give it considerable thought and use a little time before making a decision as the work session was just last night.She added the trailer that was remodeled is the one the man lived in when they bought the property.It is on the south side of the property. City Attorney Joel Stern asked i f they were asking for a continuance. Mrs.Marjie Manning stated they would like consideration instead of a fast decision. City Attorney Joel Stern asked i f they wanted the matter continued or decided at a later date. Mrs.Marjie Manning stated they can continue it if they feel they need more time to make their decision. Mayor Coleman closed the public hearing on the item and opened it to council discussion. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 14 OF 33 Councilmember Urich commented she sees this as a fairness issue.If one home owner is allowed to do this, others should be allowed also. Councilmember Eck commented he believed it would set a precedent,with the precedent being that they should not be allowed to improve their properties.If they had left it the way it was,everything would have been fine.They could have added an arizona room to the trailer and it could have stayed that way forever.He believes they are encouraging people to not fix up their property. Vice Mayor Surra stated they lost their grandfather rights when they changed what was grandfathered in.The city is trying hard to bring things into compliance,so they would be erring if they allowed a nonconforming piece of property to continue to be in noncompliance. Councilmember Eck commented there should be some stage in the process that makes these property owners aware that they are not in compliance.These people were not aware of this until it was too late. Mayor Coleman commented he understood that they did not comply with what was shown to the planning department,which would make it very difficult to oversee.In effect,staff would have to say these plans are okay,but if you do something else they may not be.It would be difficult for staff to guess ahead on what they are going to do. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1071 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 15 OF 33 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1071,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT NO MORE THAN THREE RECREATIONAL VEHICLE SPACES AND ONE SINGLE FAMILY RESIDENCE BE PERMITTED ON THE PROPERTY:AND A SEWER HOOK-UP FOR EACH INDIVIDUAL. Councilmember Eck SECONDED THE MOTION. VOTE:3-4 (Mayor Coleman,Vice Mayor Surra,and Councilmembers Urich and Dietz voted in opposition.Mayor Coleman explained though they were not aware of the circumstances they were in,he is concerned when the other lots come in and ask for the same thing.It would be hard to tell the neighbors no when they have been told yes.) The motion failed. minute break. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ANNEXATION AN-1-99/SENIOR COTTAGES )Assistant Planner Paul Michaud briefed the council on the item.This property is located at 114°Street and East Apache Trail,which is part of Maricopa County.It will be zoned to multiple family when annexed into the city.The property is owned by Senior Cottages and they propose a 92 unit apartment project,with 44 two bedroom units,24 one bedroom units and 24 three bedroom units.Most will have garages and all will be single story.They will be connected to the sewer system.It will use low income housing tax credits.The project must be completed by December 31,1999,and the developer intends to have the building permits started by April 1,1999.The city will be providing police REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 16 OF 33 protection and code compliance,but Maricopa County will be providing street maintenance designed to our city standards.He briefed them on the annexation process.The council will be asked to vote on the annexation on March 16, 1999. Mayor Coleman asked if this would have any assisted living apartments. Assistant Planner Paul Michaud stated there would be none to his knowledge;they would be senior apartments only. Mayor Coleman opened the public hearing on the item. Mr.Richard Burton,11309 E.Boulder Drive,addressed the council.He asked if this would be limited to 55 and over residents. Assistant Planner Paul Michaud stated that is correct. Mr.Richard Burton commented he believed the 92 units would be classified as fairly dense. Assistant Planner Paul Michaud stated it would be over 6 units per acre. Mr.Richard Burton commented that would be a lot of people.Other residents were concerned if it would be connected to the sewer so they would be glad to hear that.He added they were also concerned about the height of the apartments,whether they would all be one story or more.He asked if they had a set of drawings he could view. Assistant Planner Paul Michaud stated they had one set of drawings he could view,and they are all one story units. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 17 OF 33 Mr.Richard Burton commented they would then not block their view of the Superstitions.He asked how the street would be improved. Assistant Planner Paul Michaud stated 114th Street would be improved to the city engineer's standards, including curb,gutters and sidewalks. Mr.Richard Burton asked if the curb,gutter and sidewalk would be on the east side only. Assistant Planner Paul Michaud stated that was correct.They can only require them to improve what is adjacent to their property. Mr.Richard Burton stated they were also concerned about the drainage.There is a drainage ditch that comes across 114' Street from Superstition.He asked which way they were going to push the drainage ditch,or are they going to use the ditch that comes along the back and then comes out. Assistant Planner Paul Michaud stated they have not seen the drainage plans as yet.However,the plan calls for the dense area shown being left as open space.He showed them their development phase. Mr.Richard Burton asked if they were going to leave some type of green belt. Assistant Planner Paul Michaud stated they are,it will be along the drainage area. Mr.Richard Burton asked if it would be a natural or manufactured green belt. Assistant Planner Paul Michaud stated he understood they would be leaving it in its natural state.They will inventory the plants and salvage all they can. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 18 OF 33 Associate Planner Rudy Esquivias commented they will be required to be approved by the landscaping regulations in Ordinance No.940. Mr.Richard Burton asked if they had seen the drainage plans yet. Assistant Planner Paul Michaud stated they had not. Mr.Richard Burton commented if they move the drainage westerly under 114th Street,it will join another wash coming down from the north already coming through that ditch. Assistant Planner Paul Michaud stated they cannot change the natural flow of the drainage on the site.This would come up during the building permit stage. Mr.Richard Burton asked how many main entrances they would have. Assistant Planner Paul Michaud stated there will be one main entrance,which would be about 4-5 units up from Superstition Ranch Market. Mr.Richard Burton asked what type of people they could expect to move in there. Mayor Coleman asked the city attorney if this discussion was appropriate. City Attorney Joel Stern stated this would not be appropriate as it is not an annexation issue. Mr.Richard Burton stated it appeared there should not be any problems,other than he is concerned with the density.He asked if this were the first or second hearing. City Manager Curtis Shook stated the original hearings on the project itself were held 7-8 months ago.The REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 19 OF 33 question in front of the council at this time is the annexation request.They could develop the property in Maricopa County under their standards at this time.He commented the city would do what they could to get the information he requested to him. City Attorney Joel Stern commented there is a pre -annexation agreement in which the developer has agreed to pay development fees,which goes along with the issues of the site plan,the development and the building permits. City Manager Curtis Shook stated they had shown a drawing of the development in earlier hearings and the apartments looked quite nice. Mr.Richard Burton stated he was sure they did,but he is concerned with the density.He commented he believed this would become an action item very shortly. City Manager Curtis Shook stated he is not sure where they are once they are annexed,though it maybe building plans. Assistant Planner Paul Michaud stated the annexation approval will be on March 16,1999. Mayor Coleman repeated the annexation issue will come before the council on March 16,1999. Mr.Richard Burton stated it would then be an action item. Mayor Coleman stated they will be voting on whether or not to annex it into the city limits. Mayor Coleman closed the public hearing on the item with no one else wishing to speak.As this was a discussion item only,he moved on to the next item. PROPOSED ORDINANCE NO.1073/CASE AN -5-96, ANNEXATION OF PRIVATE LANDS AT NORTHWEST REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 20 OF 33 CORNER OF BASELINE AND TOMAHAWK )Associate Planner Rudy Esquivias briefed the council on the item.This is an in -fill annexation of 33.9 acres. It includes the Quail Run Manufactured Home Park,a salvage yard and Cooper's Sewer and Drain.There are pre -annexation agreements with Quail Run Manufactured Home Park and Cooper's Sewer and Drain.Four of the five property owners have signed annexation petitions and assessed valuation has also been met.Staff believes it is proper for approval at this time,and the zoning will be comparable to their current zoning. Mayor Coleman opened the public hearing on the item. Mr.Tom Cosgrove,Apache East Estates on Tomahawk Road,Apache Junction,addressed the council.He asked if the city limit signs are currently on the north side of East Baseline Road. Associate Planner Rudy Esquivias stated the city limits are 100'north of the section line. Mr.Tom Cosgrove asked who owns the property where the new water tank is at the city yard. Associate Planner Rudy Esquivias stated that property is south of Baseline and it is already in the city. Mr.Tom Cosgrove stated he was curious as to why the city limit signs were north of that when the city limits extend south of the road. Associate Planner Rudy Esquivias explained that the part being annexed is a county island:there is property within the city limits to the east and south of the property in question. to Apache East Estates if this is annexed. stated they would remain in Pinal County. north and south sides of them. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 21 OF 33 Mr.Tom Cosgrove asked what happens Associate Planner Rudy Esquivias They would have city limits on the Mr.Tom Cosgrove stated he had no objections,he was just curious. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no council discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1073 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1073,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1066/ESTABLISHING NO PARKING LOCATION ON PALO VERDE DRIVE ) )Public Works Director Doug Dobson briefed the council on the item.This is for North Palo Verde Drive north of Apache Trail.Since it has been paved,people are trying to park there next to the hardware store.In order to maintain sight clearance,an adequate turn radius and provide for the safety of the motoring public,they are recommending that no parking signs be located on the east and west sides of Palo Verde from Apache Trail north a distance of 100 feet. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 22 OF 33 Mayor Coleman asked if that takes it beyond the area where the American Legion overflow occurs. Public Works Director Doug Dobson stated it will extend to beside the Evergreen Hardware building. Councilmember Eck asked if the sidewalk would be brought all the way up. Public Works Director Doug Dobson stated nothing else would be improved other than what has already been done. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to further council discussion.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1066 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Insalaco MOVED THAT ORDINANCE NO.1066,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 23 OF 33 PROPOSED ORDINANCE NO.1068/ESTABLISHING STOP SIGNS AT LOCATIONS WITHIN THE CITY OF APACHE JUNCTION )Public Works Director Doug Dobson briefed the council on the item.He commented the addition of new subdivisions has brought about the need for new stop signs.Areas now needing stop signs include Royal Palm at Cactus,Osage,Navajo,Mesquite,Linda and Granada.Additional stop signs were needed in Apache Ho and Apache Villa. Councilmember Durbala asked what was going to be the process for the new subdivisions coming in. Public Works Director Doug Dobson stated those will be addressed with later items this evening,and he is going through the subdivisions to determine the places that should have had a stop sign or had a stop sign that was never officially adopted.He will be bringing all of those back in about a month. Councilmember Durbala asked if this is because his department finally has an engineer on board. Public Works Director Doug Dobson stated that is correct. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any further council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1068 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 24 OF 33 City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Dietz MOVED THAT ORDINANCE NO.1068,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION OF INTENTION NO. 98-34/STREET LIGHT IMPROVEMENT DISTRICT (SLID 9801-1)IRONWOOD COVE I I )Mayor Coleman stated the next to items would be considered together though they would be voted on separately. Public Works Director Doug Dobson briefed the council on the items.These are housekeeping items to approve a district that is already up and running. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no council discussion,he called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.98,34,A RESOLUTION! OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION;ARIZONA,DECLARING ITS INTENTION! TO CREATE A!DISTRICT FOR THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING !FACILITIES, FOR STREELLIGHTING:WITHIN AN AREA DESCRIBED AS IRONWOOD! COVE II, .A SUBDIVISION,AS RECORDED IN CABINET SLIDE 033:OF THE PINAL! COUNTY RECORDER'S OFFICE,PINALCOUNTY,ARIZONA:: ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINALCOUNTY,ARIZONA, PURSUANT TO:ARIZONA:REVISED STATUTES ANNOTATED (WTI §48-:616AND148 ,617 AND DECLARING THE PURCHASE OF ELECTRICITY TO BEEOF MORE THAN LOCALOR!! ORDINARY PUBLIC BENEFIT,AND THAT THE! COST OF SAIDiELECTRICITY'SHALL BE ASSESSED OWTHE DISTRICT,BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 25 OF 33 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION ORDERING WORK NO. 98-35/STREET LIGHT IMPROVEMENT DISTRICT (SLID 9801-1)IRONWOOD COVE I I )The briefing for this item was given with the previous item. Mayor Coleman called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.98-35,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ORDER THE INSTALLATION OF STREET LIGHTS WITHIN AN AREA DESCRIBED AS I IRONWOOD COVE II,A SUBDIVISION RECORDED IN CABINET C,SLIDE 033,PINAL COUNTY RECORDER,PINAL COUNTY,ARIZONA,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION RESEARCH FEASIBILITY OF CITY SKATE BOARD REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 26 OF 33 FACILITY )Mayor Coleman stated he,Vice Mayor Surra and numerous other people have been interested in having a park like this for some time.They would like to ask staff to look at changes in the insurance coverage,the premiums and the feasibility of being able to do this. Parks & Recreation Director Jeff Bell commented that they had been told that Southwest Risk does now provide coverage for this.He added the articles in the newspapers have been able to give the council an idea of the cost of the facility.He would look at some locations and bring the information back to the council. Vice Mayor Surra asked if staff could bring back an idea on what partnerships could be formed in order to bring about the facility,for both the site and funding. Councilmember Durbala commented he would like to see if there were any grants available for something like this. Mayor Coleman asked if the cement would be the main cost. Parks & Recreation Director Jeff Bell stated i t is hard to tell.He would have to see the plans. Vice Mayor Surra commented they may be able to incorporate it into other kinds of activities that might be even more cost effective than just doing a skate board park,such as rollerblading or in line skating. Parks & Recreation Director Jeff Bell stated they are going through a master plan update and skating facilities have been identified as a need.They would like to incorporate those into larger,community -type parks. Vice Mayor Surra commented they were hoping he would identify where he would like them to be located. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 27 OF 33 City Attorney Joel Stern commented they might want to do requests for proposals to find out what kind of ramps they want,the breakdown for costs for the ramps,the height of them and any other objects they want to add to the park. Vice Mayor Surra commented that was a good idea,especially if the design review board has some of the local youth sitting on it for their feedback.She would like to see them have an opportunity to say what they would like to see there. Councilmember Durbala suggested contacting some California cities,where this all started,and have them send all their information. Parks & Recreation Director Jeff Bell stated he has a list of some of those communities in Southern California that have installed those parks. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCHING NOT ONLY THE FEASIBILITY OF A CITY SKATE BOARD FACILITY BUT TO PREPARE INFORMATION AND BRING BACK TO A WORK SESSION,THEN REGULAR SESSION,IN TIME TO LOOK AT NOT ONLY COSTS BUT POSSIBLE DESIGNS AND TO LOOK INTO FORMING A YOUTH GROUP THAT MIGHT BE ABLE TO GIVE SOME INPUT AS TO THE KIND OF FACILITY THEY WOULD LIKE TO SEE US SEND OUT FOR PROPOSALS. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AMEND CITY LANDSCAPING AND SCREENING REQUIREMENTS BY REQUIRING THE USE OF COMBINATION BLOCK WALL AND WROUGHT IRON FENCING )Councilmember Eck stated he would like staff to look into the feasibility of requiring a combination of a percentage of wrought iron in commercial development walls,mainly those along REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 28 OF 33 the street frontage.The combination walls are much more pleasing to the eye. Development Services Director Glen Van Nimwegen stated staff had discussed this in their development review meeting.Though walls are mentioned about ten times in Ordinance No.940, wrought iron fencing is only mentioned once.There is also the possibility of landscaping being included in the screening as well.He proposed looking at the screening issues of Ordinance No.940,with staff reviewing and drafting possible amendments to Ordinance No.940 to allow a variety of screening and buffering techniques.He added staff has become aware of someone wanting to locate in the Baseline Industrial Park,but there are some conflicts involving the buffering and orientation of bay doors.They may be able to wrap it all up and provide something to council. City Manager Curtis Shook stated he believed they would like to be looking at some of the areas for discretionary authority.Some places are too restrictive and not flexible enough to allow the development services director the liberty of making some judgments.He asked if they were looking at the block and iron combination as required or in addition to what is required in some instances now;for example,everything having to be block and iron. Councilmember Eck stated he would like to be able to require the block and iron or some alternative where they are seeing the block wall only now. Vice Mayor Surra agreed.She would like people to be able to use a wall of trees or ocotillo instead of masonry, also.There should be other options available. City Manager Curtis Shook asked if this is to be made part of the options or made a requirement. Councilmember Eck stated he would like to up that part of the requirement and have the other options. City Manager Curtis Shook asked if that would be the minimum. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 29 OF 33 correct. the minimum. he believed Councilmember Eck stated that was Mayor Coleman agreed that should be He would like to see substantial screening when i t is used. City Manager Curtis Shook commented he understood what the council was requesting. Vice Mayor Surra commented she hoped they were thinking of their landscaping ordinance as a living and breathing document.They should feel they have the right to change things for the better and allow the document to have the flexibility to do so.Applicants should not have to come for a waiver when they have a good idea for their project. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDING CITY LANDSCAPING AND SCREENING REQUIREMENTS BY REQUIRING THE USE OF COMBINATION BLOCK WALL AND WROUGHT IRON FENCING:THAT STAFF REVIEW AND DRAFT TO ALLOW A VARIETY OF SCREENING AND BUFFERING TECHNIQUES. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.ON MONDAY,MARCH 15,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 30 OF 33 THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,MARCH 16,1999,IN THE CITY CONFERENCE CENTER. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman commented he was at the state capitol and heard discussions on shared state revenues.He also participated in a rally.It appeared to be very productive as some undecided legislators came over onto the side of the city.People were there from all over the state,and numerous law enforcement agencies were represented state-wide. Mayor Coleman and City Clerk Kathy Connelly attended the opening of the Red Mountain Multi -Generational Center.He believes some of the city staff has already toured the facility and the funds were approved for i t in 1987.It was originally to be two different centers,but due to costs going up over the years they could not afford to build them separately,so they were built together.It is about 35,000 sq.ft.and includes an indoor rock wall climb, two basketball courts,billiards room,a computer lab,a stage,and classrooms. Councilmember Insalaco reminded everyone to vote on Tuesday,March 9,1999. Public Safety Director Robert Warner announced that the city will be hosting the Central Arizona Special Olympics this coming Saturday at the high school. The kickoff dinner is on Friday evening,and the games will start at 9 AM and will tentatively last until 3 PM.He invited the council and community to attend. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:12 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 31 OF 33 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 2,1999. 3.Acceptance of Minutes of Regular Meeting of February 16,1999. 4.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Mary March;Jim Anderson;Jeff Blasdell:Jeff Bell and Parks & Recreation Dept.;Officer Theresa Rodgers. 5.Approval of Award of Bid for Turf Rake and Vacuum Project #99-01 to lowest qualified bidder. 6.Acceptance of Comprehensive Annual Financial Report for Fiscal Year 1997-98. 7.Appointment of board member to the Superstition Mountain Community Facilities District No.1 Board of Directors for a term to expire July 7,2002. 8.Approval of Award of Bid for Street Improvement Project No.PW 99-01, construction of curb,gutter,sidewalks,sidewalk ramp,median ramp,and related work for South Delaware Drive and West Apache Trail. 9.Approval of Award of Bid for Traffic Signal Infrastructure Project No. PW 99-02,construction of infrastructure to support future installation of a traffic signal at the intersection of Delaware Drive and West Apache Trail. 10.Approval of Intergovernmental Agreement with the Apache Junction Fire District for use of City fueling facilities,a waiver of development and building permit fees,and provision for fire safety services. ACCEPTED THIS 6TFL DAY OF APRII 1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF APRIL ,1999. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 32 OF 33 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 2nd day of March,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of March,1999. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1999 PAGE 33 OF 33