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HomeMy WebLinkAbout1999-11-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 16,1999 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 16,1999,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Surra called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman (arrived at 7:00 p.m.) Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Insalaco Councilmember Urich Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Glen Van Nimwegen Others Present:Associate Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 1 OF 34 Associate Planner Paul Michaud ACCEPTANCE OF CONSENT AGENDA )Councilmember Durbala MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:LIBRARY ASSISTANT KARON TILTON;ASSOCIATE PLANNER RUDY ESQUIVIAS;THE PUBLIC WORKS DEPARTMENT;AND THAT THE AWARD OF BID FOR F 99-01,AS/400 170E MAIN FRAME COMPUTER TO UPGRADE MAIN FRAME SYSTEM 36,BE AWARDED TO SKY TECHNOLOGIES IN A BASE TOTAL AMOUNT NOT TO EXCEED $24,749.44 WITH AN ADDITIONAL 10% TO BE USED ONLY IN THE EVENT OF UNFORESEEN CONDITIONS RESULTING IN THE NEED FOR A CHANGE ORDER WHICH WOULD NOT EXCEED $2,474.94,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms.Sandie Smith,575 N.Idaho Road,Apache Junction,Pinal County Board of Supervisors,addressed the council.She gave a short presentation on the location of private and state land in the county.Most of the private land is in the San Tan Mountains area and Casa Grande,and a large percentage of state land is near Apache Junction.This state land can be sold.It amounts to approximately 113 square miles in the Apache Junction to Florence Junction area.The challenge will be how to wisely prevent the sale and preserve this land in the Arizona Preserve Initiative.They have already started this to the north of Highway 60,beginning with approximately 37,000 acres to be preserved,and that growth should be as planned by the City of Apache Junction,which would be south of the highway.The bypass planned for Highway 60 will hopefully bring the growth where the city wants it to go,keeping the bypass a local and regional issue.The county is also proposing a Pecos Road alignment,giving some interior roads.The plan calls for the bypass starting REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 2 OF 34 at Mountain View and proceeding west and will come in behind the Renaissance Festival and end at Florence Junction.The Department of Transportation is bringing six lanes out here and they would filter into no more than four.She gave council and staff copies of the proposed plan.The county would like to be able to sit down with State Land and the Department of Transportation and plan the county's future.She commented she would welcome giving staff a presentation at a future work session. Mr.Jesse Downey,2720 E.4th Avenue,Apache Junction,addressed the council regarding building a home on a mobile home site.He has a mobile home on a 1.25 acre lot and he wants to build a home.He has been told he has to move the mobile home off of the property in order to build the home,and live out of a motor home or recreational vehicle.He requested some assistance in being able to leave the mobile home on the property until the house is built. CITY MANAGER'S REPORT None. PUBLIC HEARINGS CHANGE OF LOCATION FOR ST.GEORGE CATHOLIC COMMUNITY BINGO LICENSE )City Clerk Kathleen Connelly briefed the council on the item.This is to transfer the license from the existing facility on 16th Avenue to a previously used location of 1890 S. Plaza Drive.Comments were requested from the Planning Department,Police Department and Fire District.Development Services has raised some issues in the area of non -conforming uses and accessory uses.The city attorney requests that staff be allowed to pursue those to resolve the issue. Vice Mayor Surra asked the city attorney if he had any comments. City Attorney Joel Stern stated he discussed possible zoning difficulties with the Development Services staff. Based on his current information,he requested the manner be continued so that he can have time to fully analyze any possible zoning violation if the bingo operation was allowed to occur.It could be a non -conforming use issue;they are in receipt of a lease which has language that needs to be confirmed and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 3 OF 34 they need to confirm some other uses that are church -related on the properties involved.He requested,and he believes Mr.Van Nimwegen concurs,that this be continued to the next work session with a public hearing at the next meeting. Vice Mayor Surra opened the public hearing on the item.There being no one wishing to speak,she closed the public hearing and opened the item to council discussion. Councilmember Eck asked if they were being asked to continue this item so the proper documentation could be in order. City Attorney Joel Stern stated that is correct.They need to look for certain information to establish a non- conforming use.They do not have any information from the applicant stating the kind of uses taking place on the property for the past few years.They need to have that information in order to advise the council if there is a zoning problem or if they would even be allowed to play bingo by the State of Arizona. Vice Mayor Surra closed the discussion and called for a motion. Councilmember Urich MOVED THAT WE CONTINUE THIS APPLICATION FOR BINGO LICENSE UNTIL THE WORK SESSION OF THE 6TH OF DECEMBER AND THE COUNCIL MEETING OF THE 7TH OF DECEMBER. Vice Mayor Surra commented the motion died for lack of a second. Councilmember Insalaco MOVED THAT THE CHANGE OF LOCATION FOR ST.GEORGE CATHOLIC COMMUNITY BINGO LICENSE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE BINGO SECTION. Councilmember Eck SECONDED THE MOTION. VOTE:5-1 (Councilmember Urich commented she would have liked to see it continued,but she did not want to see them without their bingo license;Vice REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 4 OF 34 Mayor Surra voted in opposition and asked that her vote reflect that they should have acted on the advice of attorney.) The motion carried. PROPOSED ORDINANCE NO.1109/PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY WILLIAM AND NICOLA KNIGHT )Vice Mayor commented this will allow the applicants to reconfigure their two lots into three lots no less than 20,000 sq.ft.gross,located south of Foothill on the east side of Ironwood. Associate Planner Rudy Esquivias briefed the council on the item.He gave a brief history on the lots.There is no appearance to evade subdivision laws upon the splitting of the lots: their request is within legal and proper parameters.They would like to put new manufactured homes on the lots.They have agreed to some of the stipulations recommended by staff,including they be new homes,set at ground level and that the front yards by landscaped according to Ordinance No.659. The Planning and Zoning Commission recommended approval unanimously.These will be rental lots at this time. Councilmember Insalaco asked if these lots would be hooked up to the sewer system. stated the sewer line does believe they were planning the lot that has the block stated that is correct. hearing on the item. Associate Planner Rudy Esquivias not run within 200'of the site so he does not on doing that. Councilmember Eck asked if this is wall on the north side. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 5 OF 34 Associate Planner Rudy Esquivias Vice Mayor Surra opened the public Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He suggested the city might want to consider working with applicants and prospective developers in making sure that they can hook up to the sewer system.He believes i t is an environmental concern. Vice Mayor Surra commented she believes the city already does that,and that is still governed by rules and regulations regarding the proximity to an existing sewer line.This piece of property does not meet the criteria to hook up to a sewer line. Councilmember Eck added they cannot be forced to hook up to the sewer. Vice Mayor Surra commented the sewer is a district that is voluntary. Councilmember Durbala added the cost would be prohibitive for a 1,000'line to hook up 3 manufactured homes.The sewer district regulations state the property must be within 200'of an existing line in order to hook up to the sewer district. City Attorney Joel Stern commented this came from an engineering bulletin from the State of Arizona,requiring that a property must be within 200'of an existing sewer line. Councilmember Eck asked if that was set by Arizona Department of Environmental Quality. City Attorney Joel Stern stated that is correct:i t is one of their engineering guidelines. Vice Mayor Surra asked if they oversee the environmental concerns. City Attorney Joel Stern stated they have preempted the field.The city does not have authority under state law to change those guidelines. Councilmember Eck commented that Arizona Department of Environmental Quality is the administrative authority. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 6 OF 34 City Attorney Joel Stern stated that is correct. Vice Mayor Surra closed the public hearing and opened the item to council discussion. Councilmember Eck commented he believed three 20,000 sq.ft.lots would look excellent on this piece of property. Vice Mayor Surra agreed.She closed the discussion and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO.1109 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO.1109,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra called for a brief recess to seat Mayor Coleman who had arrived at the meeting. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 7 OF 34 Mayor Coleman reconvened the meeting. APPEAL OF SCREENING REQUIREMENT,CASE NO. PZ-13-99 )Associate Planner Paul Michaud briefed the council on this item.This is for Senior Cottages located on 114th Street north of Apache Trail in Maricopa County.The applicant is appealing the interior wall requirement.The applicant is requesting a waiver of the northern wall and to waive the eastern interior wall,which is a 6' masonry wall along interior property lines.The applicant proposes to waive A section of the northern wall and add no additional plant material,leaving the landscaping in a natural state prior to the interior roadway.From the interior roadway to the east property line along the northern wall,he proposes to waive the wall and add additional plant material as the existing plant material is not as dense as the other section.He briefed the council on the pros and cons of waiving the north wall.There were no concerns by staff or the public on the northern wall as long as additional plant material is supplied.The eastern wall generated more concerns.He briefed the council on concerns,pros and cons on waiving the eastern wall.These concerns primarily consisted of drainage,security and privacy.The alternatives are to leave the wall as originally planned,waive the wall and put in additional landscaping,or move the wall to east of the drainage channel.The applicant believes if these walls are waived he will improve visual esthetics and air circulation,it will reduce damage to existing materials,it will stabilize the existing channel,and it will reduce several financial hardships.The staff report includes staff's and neighbor's comments both for and against waiving the walls.He briefed the council on the alternatives recommended by the Planning Division. Councilmember Eck asked if there was a preliminary plat and a final plat associated with the annexation of this property. Associate Planner Paul Michaud stated it is zoned to a similar zoning on annexation.It only goes through building permit review unless they have landscaping and screening regulations applied to multi -family uses.If they are requesting something outside those requirements,they must go before the council for those waivers. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 8 OF 34 Councilmember Eck asked if there was already some type of agreement on the design of this property. Associate Planner Paul Michaud stated he was not aware of any. Vice Mayor Surra stated she believed it was part of the annexation agreement. City Attorney Joel Stern commented they had a pre -annexation agreement that included when they would pay development fees and the standard regulations for the off -site improvements. Councilmember Eck commented that means the wall was required already as an off -site improvement. City Attorney Joel Stern stated the wall is an on -site improvement. Councilmember Eck commented he believed the wall was already required and they are trying to get a variance for that. City Attorney Joel Stern stated he does not believe that issue was part of the pre -annexation agreement. Councilmember Eck stated he thought it was.He believes they had an agreement and now they want a variance against everything that was agreed upon. City Attorney Joel Stern stated a copy of the agreement is in his office and he could go get it. Councilmember Urich commented they were aware that they would have to meet the requirements of Ordinance No.940. Associate Planner Paul Michaud stated that is correct.They had been given a copy with the regulations and he understood they were well aware of them. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 9 OF 34 City Attorney Joel Stern stated there may have been a provision in the pre -annexation agreement that said they would have to be in compliance with all city codes. City Manager Curtis Shook recalled that the agreement called for the city to review the plans for conformance design even if the permits were issued in the county. Councilmember Eck stated he was upset hearing about the reasons and financial hardship. Associate Planner Paul Michaud stated the staff report comments that the financial burden would not be a valid hardship. Councilmember Durbala commented they had asked council to hurry the process so that they could qualify for tax incentives.They were aware of everything the city was asking for,including the planning and zoning departments.He is tired of developers coming in here with the knowledge of what they have to do and then trying to change those requirements by saying they are a hardship.This cost should have been figured in originally.They agreed to the conditions the city made and he does not see any reason to discuss this as it was already agreed upon. Councilmember Urich commented she drove over there today and determined she would have a hard time approving their request from a privacy,noise and security standpoint.This includes the north wall.She recommended retaining the 6'masonry wall with no iron in it. Mayor Coleman asked the applicant to address the council. Mr.Robert Ready,Minneapolis, Minnesota,addressed the council.He is the architect and he commented he was not sure what the pre -annexation agreement specified.The aspect of the pre- annexation agreement related to the property being developed under the auspices of Maricopa County. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 10 OF 34 The council in general stated it was not. Mr.Robert Ready stated it was;i t was to be developed under the auspices of Maricopa County and annexed after the fact.As part of the process,the plans were to be reviewed by the city. Upon coming to the city to discuss the plans,it was suggested that the city annex the property in advance of the development,which they have done.They initially argued the north wall on the review,since if Boise Street existed the screening wall would not be required.They were told to show it on their plans and apply fora variance,which they have done.He does not believe the north side requires a screening wall.The east side along El Dorado Estates will need to be a council decision.He commented it also does not state where the east wall needs to be;it could be on the property line or further inside the property.The problem is the existing drainage ditch;it will require the additional expense of underpinnings for the wall if the wall is built along the property line,hence their suggestion to move the wall to the other side of the drainage ditch. Councilmember Eck commented they had requested not to build the east side wall at one point. Mr.Robert Ready stated they had submitted a request. Councilmember Eck asked if he could understand why the council is upset as there was an agreement and now it appears i t is as if they are saying let us into your community please but once you are here you do not want to build what the agreement calls for. Mr.Robert Ready stated he made the request on behalf of the owner who wished to do that.Since that time,he has discussed it with the owner who is in agreement to build the east wall but he would like it moved back to where they can logically build it. Vice Mayor Surra asked if he was present at all the meetings with city staff when they were preparing the drawings and maps on what they needed to do to comply with the landscaping requirements. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 11 OF 34 Mr.Robert Ready stated he was at all the development plan meetings. Vice Mayor Surra asked if they failed to understand what staff was giving them at that time. Mr.Robert Ready stated they had the ordinance but they proposed at that time that the north wall was not required. Vice Mayor Surra stated they proposed that it was not required but the city was requiring it. Mr.Robert Ready stated it was a matter of opinion as to whether it legally belonged there because of the street right-of-way.They were asked to show it on their building permit plans and then they were to apply for a variance. Vice Mayor Surra commented that was because they disagreed with staff's findings. Mr.Robert Ready stated he thought it was a logical disagreement.It is a right-of-way and a screening wall is not required there.It is a matter of interpretation of the zoning ordinance. Vice Mayor Surra commented that they did make the agreement. Mr.Robert Ready stated they agreed to show it on the plan to appease the city's request with the understanding that they would then be applying for a variance. the application for that variance. Vice Mayor Surra asked if this was Mr.Robert Ready stated it was. Mr.Curtis Shook stated it would be a typical staff response when an applicant expresses disagreement with a request to tell them that they have an avenue of appeal through a variance. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 12 OF 34 They are not encouraged to apply for the variance,they are only advised there is an appeals procedure. Mayor Coleman opened the public hearing on the item. Mr.Randy Horn,1968 E.Harvard, Tempe,addressed the council.He represents the contractor,Adolphson and Petersen.He was there to answer any questions they might have for the contractor. Councilmember Durbala asked why the east wall would have to be on the other side of the drainage channel. Mr.Randy Horn stated he was not clear on the ordinance.In Tempe,the screen walls are often set back from the roadway. Councilmember Durbala asked if he would be building the walls. Mr.Randy Horn stated he would be in charge of building the walls. Councilmember Durbala asked what the additional cost would be if the east wall is set on the property line. Mr.Randy Horn stated the difference would be from $18 per linear foot to $45 or $50 per linear foot. Councilmember Durbala asked how far the wall would have to be moved in. Mr.Randy Horn stated they need to get if off of the slope and preferably off of the drainage swale.If it is on the property line,they would have to put in underpinnings,a larger foundation and a retaining wall to maintain the slope to keep it from undermining the fence or the neighbor's property.If it is on the other side of the channel,they would have flat ground with access to both sides.On the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 13 OF 34 original location they would have to be digging sideways,resetting,and then digging sideways again and resetting continually. Councilmember Durbala asked how far they are actually talking about moving the fence in. Mr.Randy Horn stated it would be between the fire lane and the drainage channel.He would like to see it at least 10'to 12'from the channel.He has seen ripple marks where it has overflowed and come close to some buildings.If the wall is put down in the "V",the foundation will be undermined and it will not last a year if you have any major storms. Councilmember Durbala asked if they moved the wall in ten feet,would they be liable for maintaining all of the property on the other side of the wall. they planned on doing put plant material in Mr.Robert Ready stated they would. Councilmember Durbala asked what with that strip of land. Mr.Robert Ready stated they cannot the drainage channel. Councilmember Durbala asked if they would be doing weed control. Mr.Robert Ready stated it would be maintained. Vice Mayor Surra commented it is sometimes easier to maintain something that is within your wall rather than outside your wall where you do not need to look at it everyday. worried about that,too. concerned about having REGULAR MEETING OF THE NOVEMBER 16,1999 PAGE 14 OF 34 Councilmember Eck stated he was Vice Mayor Surra stated she is a maintenance area outside their visual area as i t CITY COUNCIL becomes an eyesore for people on the other side.It has happened in other instances. Mr.Robert Ready stated they intend to maintain both sides of the fence and the channel as well. Vice Mayor Surra stated the city has to enforce it,and it is much easier to enforce when it is inside the wall. This usually creates self -enforcement which does not drain the staff or the neighbor's frustration level.She is not convinced that putting the wall on the other side of the drainage channel is in the best interests of the neighbors.She commented they had said they would be good neighbors when they requested the city to allow for the extension of the sewer line and for pre- annexation.She would like them to live up to that expectation. about building a wall that makes sense. lives. Minneapolis. Mr.Robert Ready stated it is also Vice Mayor Surra asked where he Mr.Robert Ready stated he lives in Mr.Randy Horn stated he has a concern about digging that close.to the fence if it is not on the other side of the channel.There is a water line there and the digging might damage it. He realizes i t is his responsibility and he is not trying to get out of that. He requested council to address in some way how close they would like them to come to that fence as he is concerned about damage to the property and his liability. City Manager Curtis Shook stated that would come down to an engineering function and he believes the city engineer will work with the applicant to determine the placement. Mr.Ray Hunt,ElI Dorado Mobile Estates,202 N.Meridian,Space 146,Apache Junction,addressed the council. He had a petition from the residents of El Dorado Mobile,Home Estates requesting the wall be installed between the two properties.He has lived REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 15 OF 34 there for 15 years and his home faces the drainage channel involved.He has seen the water come up high enough to flood out a neighbor's mobile home. Putting the wall on the west side of the channel will not help their mobile home park.He commented their chain link fence has already been damaged by earth movers,though they deny it;they say it is the wind blowing it over. Their park is requesting the wall;it would protect his and fifteen other homes along that channel. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He would prefer a natural barrier rather than a wall.Large 6'to 8'cacti act as good barriers;they cannot be seen through or gone through.He commented there was a time in his life where he could hop those walls fast if he wanted to;he does not see any advantage to block walls. Mr.Tommy Thompson,the owner of El Dorado Mobile Estates,P.O.Box 2366,Carefree,addressed the council.He commented most of what he wanted to say has already been said.He believes a variance is intended to allow neighbors and the community to have input on a deviation from the prescribed standard.The applicant should have to prove the variance is a good idea;he does not believe this has happened.The issue now appears to be where it will be built.He feels a variance should be sought before the building permit is issued.He should know what his costs are,and knowing those costs it should not now become a hardship.They knew what the costs were so this should not be a hardship.For a variance to be granted over the objections of the community,the council should believe that the variance is for the public good.He cannot find that reason.You want privacy between two high density areas.A building permit is a contract between the builder and the city;they will be allowed to build if they meet the guidelines and requirements designated.The builder has made an agreement once he takes out the contract.He gave examples of what would result if the city violated an agreement and if a builder violated an agreement;that i t is not ethical.He stated the wall will cost more,but not because of something the neighbors are causing.They asserted that if the wall is put on the property line it will require more footings.Before the construction began, two people could walk side by side down the west side of the chain link fence; the ground sloped and it was not even,but it was level enough for that to happen.Right now a mouse cannot walk down the side of that fence because they have cut the grade at the fence directly down into the slope of the drainage ditch.The ground that was supposed to accommodate the plants they REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 16 OF 34 said they would put in is gone.They hauled it off,and because that ground is gone the footings will have to be deeper.They made their own hardship. They could not put in any plants if they wanted to because of the slope,and if they do put them in there will be a root problem as the plant has to grow downhill to fit into the slope.The water line they are complaining about is about 2'to 3'inside the property line.If the builder cannot build the wall 3'from the water line he is incompetent.They first said they would build the wall the way it was drawn,but then when they messed up the terrain they wanted to move the wall inside the channel,and they wanted a cheap place to put it because they do not want to have to fix up the terrain that they messed up.However,the objective is privacy for the residents and having the quality of life maintained by the community.His park never objected to Senior Cottages in any way,but now they are trying to come in the back door and steal the residents'privacy.He commented the ground on the El Dorado side of the fence is now 2.5'to 3.5'higher than the ground on the Senior Cottages side.If the wall is moved to the other side of the drainage ditch, the wall will be lower on the El Dorado side.This does not give as much privacy.There is no reason to move the wall other than to remove the hardship they created themselves.The only way they will maintain that drainage ditch is if they have to look at it.If the wall is moved,it will create an area for drugs,kids,transients and the homeless to play and hide. This would only save them money,and they should have already budgeted for this wall or they would not have built the project in the first place.He requested that the developers have the property line surveyed,that they remove the old fence,that the wall be built on the property line,and that block of matching color be used.He would be willing to agree that they do not have to plaster his side of the wall.They need to fix the erosion that they have already caused by the grading they have done.They have created,in effect,a dam at the end of Boise Street by grading it that way and the water will not flow.He believes it was inadvertent,but they have stopped the water flow onto Boise Street.If the wall goes some place else,require them to fix the fence that they have damaged.He added the water main would not be a problem as i t is at least 3'from where they will be building.He does not want them to destroy his property and the would like the privacy of his residents maintained.He does not believe they have provided any evidence that the wall needs to be moved elsewhere. Ms.Janie Peterson,202 N.Meridian Drive,#27,Apache Junction,addressed the council.The residents at El REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 17 OF 34 Dorado have gone the extra mile to prevent their foliage from hanging over the Senior Cottages side of the fence.This was requested by Senior Cottages. Mr.Robert Ready stated he had directed the contractor to repair any damages,and he does not believe the drainage flow has been impaired.The street was dug up for the extension of the sewer line and it will be repaired as well.He requested they not have to build the north wall so that it would not create a "no man's land". Mayor Coleman closed the public hearing and reopened the item to council discussion. Councilmember Eck stated it is obvious that the east wall needs to be constructed,but he is uncertain about the north wall.He seemed to recall that there would be enough natural desert there. Vice Mayor Surra stated that would only be the "A" section of the proposed wall.She asked if he also meant the "B" section of the wall. Councilmember Eck stated he was talking about the "A" section. Councilmember Dietz commented there are short oleanders on "B". Vice Mayor Surra asked who would be maintaining the natural vegetation that is there now if no north wall was built. Development Services Director Glen Van Nimwegen stated they would have to maintain what is on their property. They would not be responsible for the Boise Street right-of-way. maintain that. Van Nimwegen stated it REGULAR MEETING OF THE NOVEMBER 16,1999 PAGE 18 OF 34 Councilmember Dietz asked who would Development Services Director Glen is natural desert and it would stay natural. CITY COUNCIL Councilmember Dietz commented there should be no problem if the wall is on the south side of the right-of-way. Development Services Director Glen Van Nimwegen commented it is questionable if the wall will add anything there since there is so much vegetation. Vice Mayor Surra asked if there was enough in both sections of the north wall. There was general discussion by the council with the consensus being that section "A" had enough vegetation,but section "B" did not appear to have that much. Councilmember Insalaco stated he would like to see the wall up for at least section "B". Councilmember Urich commented the police department report for security measures only talked about the entire walls,both north and east,and not a portion of them. Councilmember Durbala agreed.He asked Chief Warner for his opinion. Chief Robert Warner stated he would only speak about the security aspects.His department would prefer the 6' wall on all sides,which is what the initial plans called for. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Urich MOVED THAT THE APPEAL OF THE SCREENING REQUIREMENT AS SET FORTH IN APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 6,LANDSCAPING AND SCREENING REQUIREMENTS,ARTICLE 6-1,REPRESENTED BY ROBERT READY FOR SENIOR COTTAGES OF APACHE JUNCTION,LIMITED PARTNERSHIP,FOR THE SIX-FOOT HIGH MASONRY WALL ALONG THE NORTHERN AND THE EASTERN INTERIOR PROPERTY LINE BE DENIED. City Attorney Joel Stern stated they may want to add some reasons for the motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 19 OF 34 Councilmember Eck asked why. Councilmember Durbala stated BECAUSE THEY WERE ALREADY APPROVED BY THE COUNCIL PRIOR TO THIS. Councilmember Urich stated she would accept that amendment. Vice Mayor Surra stated THE FINDINGS IN THE MOTION WOULD HAVE BEEN BECAUSE OF THE SECURITY ISSUES,SAFETY AND PRIVACY OF THE NEIGHBORING COMMUNITY RESIDENTS. Councilmember Urich agreed to add that to her motion. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. DISCUSSION ON CAPITAL FACILITIES PLAN )City Manager Curtis Shook briefed the council on the item.The plan closely resembles a wish list and want list that other communities typically have along with a payment plan.This plan represents a way of building the recreational and cultural facilities that the city needs. Councilmember Eck asked him to explain the financing package. City Manager Curtis Shook stated typical financing would call for a general obligation bond which pledges the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 20 OF 34 general revenues of the city to repay anything borrowed.However,there are lines of credit available now for the smaller communities.Bonds allow you to take the entire amount,paying the cost of issuance which is typically 3% to 4%,and discounts and premiums depending on the bonds.Discounts are when you pay more for the bonds up front,and premiums do the same thing,adding cost to a traditional bond.There is no cost of issuance for a line of credit;you only take the money that is needed,and it may not be the entire amount.The interest rate is only .5% to 1% above prime,so they are fairly low.The upside is you save money on the issuance and you have flexibility on how much you are borrowing and the payment terms.The downside is if the economy slips,the interest rates could go up.Council has chosen to listen to the public and get information on it.If council goes forward with an election, the question is likely to be asking the public for permission to borrow up to a certain amount of money.Council would then expect staff to come back with payment options in the best interest of the city. Councilmember Durbala asked if they would be using all of the capital facilities funds that they have right now or would some be set aside. City Manager Curtis Shook stated there is a cushion there.The $6,000,000 figure is a conservative estimate. Councilmember Durbala asked how much they would be asking the taxpayers to approve borrowing. City Manager Curtis Shook stated they are looking at borrowing up to $7,000,000.If the cash flow from sales tax revenues from houses and other forms are good,they may not have to borrow that much.The public would therefore know the ceiling and that the city would have flexibility for rapid repayment of any debt. Councilmember Durbala asked if there would be an aggressive move to attract more businesses and industry into the community once the census gets completed,as a number of businesses claim the city does not have the population they need based on the old census figures. City Manager Curtis Shook stated he believes they are being aggressive and there are currently several REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 21 OF 34 developments on tap or being considered around Highway 60.They would provide continued economic growth. Councilmember Durbala commented this would allow the bond to paid off a little sooner. City Manager Curtis Shook commented the trends would suggest that would be reasonable to assume. Councilmember Durbala asked if the rodeo grounds improvements could be moved up in the process,as it could bring in more tourist dollars. City Manager Curtis Shook stated it is their intent to complete all the projects within 5 to 7 years.Personally, he would like to see them finished in 5 years.Once the construction management team is in place,they could be doing 4 projects at any one time. Councilmember Durbala asked if it could be moved up towards the beginning instead of being at the end. City Manager Curtis Shook commented they are trying to provide facilities for all parts of the community.He could not tell him that would happen;there would be multiple projects being done at the same time. Councilmember Durbala commented such as the pool with the acquisition of the land around it. City Manager Curtis Shook stated he believed the process would be speeded up by hiring someone specifically that has the expertise,knowledge and experience in overseeing these types of projects. Councilmember Eck asked if there would be a single project manager or a manager for each. City Manager Curtis Shook stated the department heads do not have the time to oversee the projects.The person who is hired to oversee these things should have daily or weekly meetings with the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 22 OF 34 department heads and staff involved in a particular project,and will make sure that things are built according to the way the plans were approved.That person will be responsible for coordinating with the staff members to assure the quality of each project. Mayor Coleman opened the public hearing on the item. Mr.Dan Taylor,Executive Director of Mesa Senior Services,addressed the council.They have managed the Apache Junction Senior Center for the last three years.He was there to support the multi -generational center.They have increased their programs and services year round and they still need more space to improve more.He was involved in the planning and development of the Red Mountain Multi -generational Center. He urged the council to move forward with this;he and his organization will do whatever they can to make it a voter success and to be the best it can be. They are now looking at potential larger sites than their current one to transition themselves into the even larger multi -generational center when it opens. Vice Mayor Surra asked what the chance would be of them changing their name since this area is growing and they will be providing more services. Mr.Dan Taylor stated they had a strategic planning session about two years ago and one of the proposed changes was changing the name to East Valley Senior Services.However,they do not serve the whole East Valley,and the communities they serve did not want to move forward with that name change at the moment.They are looking at other East Valley communities right now to add,so the name change may occur in the future. Mr.Tom Schulke,1889 S.Palo Verde, Apache Junction,addressed the council.He has lived here for less than two weeks.He had seen in the paper that the city would be erecting a 45,000 sq.ft City Hall,and he asked what would be happen to the current buildings in use. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 23 OF 34 Vice Mayor Surra asked if he thought anyone would really want them;if the city thought they could get any money for them they would sell them. Mr.Tom Schulke suggested the multi- generational facilities could use them with possible renovations rather then building a new complex for them,or it could be sold off for the land.He commented that none of the projects are going to generate revenue in excess of operating costs.He asked if they knew what the increased costs would be to the annual budget. City Manager Curtis Shook stated the operating costs were taken into consideration.The maximum operating costs are listed in the appendix.He used the swim center as an example in describing the process.A 6 month program would add $200,000 to the budget annually,a twelve month program would add $450.000 to the budget annually. Mr.Tom Schulke suggested that this be given to the public to vote on.The public is entitled to know what this will do to the rest of the budget.He is a libertarian,and he does not believe government should get involved in something it should not.The people should keep the money and be allowed to spend it as they see fit.He is not in favor of government getting involved in the recreational activities of its people and building their recreational facilities.It leads to problems as only small groups will be coming.A few people are asking everyone to subsidize their recreation.He then urged that this not be given to the voters so they cannot make a selfish decision that says they want the rest of the town to pay for their recreation.It is not a needed activity of government to provide recreation for its citizens. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He agreed with Mr.Schulke;it should be a public/private situation when it comes to anything that enhances the city.His association would like to be a part of that;he believes they would have some creative suggestions. Councilmember Eck asked who his association was. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 24 OF 34 Mr.Elliott Fisher stated they are many concerned forward -thinking citizens in Apache Junction. Councilmember Eck asked if none had anything to do with this plan throughout all the public hearings or the Town Hall. Mr.Elliott Fisher stated the first time he heard about the capital facilities plan was about three weeks ago. Mayor Coleman stated they had a Town Hall on i t last year. Councilmember Eck commented they have been working on it for the past three years. Mr.Elliott Fisher stated he came up here and asked for the general plan several times and it never showed up. talking about that here. thought he would get the capital received the general plan.That capital facilities plan has been Vice Mayor Surra stated they are not Mr.Elliott Fisher asked why they facilities plan when he still has not has been going on for two years. Councilmember Durbala stated the going on for three years. aware it was a different document. the debate and need things in and should pay concerning the Mr.Elliott Fisher stated he was Mayor Coleman called for an end to asked Mr.Fisher to proceed. Mr.Elliott Fisher stated they do Apache Junction for younger people,but is should be supported for itself.He has a problem with the public portion of it city complex.It seems like a lot as this is a part-time REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 25 OF 34 government.He commented he will be there as many times as it takes,even by referendum. Vice Mayor Surra clarified that it is a full-time government on part-time pay.She added he was not aware of the hours put in or he would not say it is part-time. Mr.Elliott Fisher stated he has been coming here for free. Vice Mayor Surra commented that was because the voters do not want him up here.She resents being called a part- time government official.There are also full-time staff and full-time services being run on the city complex,regardless of the amount of hours the council does not have in office. Mr.Elliott Fisher stated he has seen Gilbert's city complex. Vice Mayor Surra stated he may have seen Gilbert's,but he has not seen ours.This is ours. .Ms.Sandie Smith,10211E.Rising Sun:Place,Apache -Junction,addressed the -council.She:was representing the Boys and Girls Club at this time.The city and county have a great record of partnerships,including the Fo&LBank and Project Help.There should be no reason why they cannot buil-da Boys and Girls Club; :Senior Center and multi- generational center together.The land and -some funds are available,plus the commitment of theBoys and Girls Club of the East Valley towards the Apache Junction facility once the Guadalupe facility is built.Shetelieves putting the young,middle-aged and old in certain programs yet still having their separate programs is the best way to recreate,building -partnerships and relationships between the citizens.She is looking forward to exploring the -things they might be able to do.The personal public monies that went into the two facilities to serve the citizens in the area is 'a commendable way to look at the way we feel in this community about government not having to do it all.The citizens will get in and help. Mayor Coleman closed the public hearing and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 26 OF 34 Councilmember Eck commented so many of the facilities in this plan are not just the city subsidizing the construction.Pool Partners has raised funds for the swim center;the Senior Center and Boys and Girls Club are assisting with the multi -generational center;the Goldfield Ghost Riders with the rodeo grounds;and the Little League with the south park.There is a perception that the city council came up with this plan;it was the community who came up with this plan through dozens of meetings over almost three years. Councilmember Insalaco stated this is the first city he has ever been in where the city hall is in mobile homes. They would like to be proud of their city.The workers are working in offices that are smaller than the closet in his bedroom.The city is growing and everything has to grow.The police department was in one of these buildings and they have grown so they have a new building.These full-time workers need to have a proper surrounding and he wants to be proud of the chambers and anywhere else someone may walk into on the city complex.He commented he felt sorry for him if he thought $5.5 million was too much to spend for pride in his city. Councilmember Durbala commented it is hard to ask a developer to do something when he can ask how they can tell him to do that when he looks at the city's buildings. Mayor Coleman commented there has been a lack of security for the court and the inability to televise meetings due to the sound system.There are other reasons for the city complex.He recalled one of the reasons he was convinced they needed a new police department building was what he saw on a tour of the old building.There is a need for more space and storage in the city offices now,and he would be willing to conduct tours. Councilmember Insalaco stated he had made the comment that they should have an open house so that people can see how they are forced to operate to get things done. Councilmember Eck stated he is glad to finally see the plan. Mayor Coleman closed the item and moved on to the next item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 27 OF 34 OLD BUSINESS. None. NEW BUSINESS. CONSIDERATION OF PROPOSED ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FY 1999-2000 )Councilmember Durbala asked to be excused for the remainder of the meeting due to other commitments. City Manager Curtis Shook briefed the council on this item.This agreement reflects the work program and the economic services to be provided by the Chamber of Commerce to the city. Ms.Rayna Barela,1225 N.San Marcos,Apache Junction,executive director of the Chamber of Commerce, addressed the city council.She was there to answer any questions. Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented that Number 20 needs to be deleted from the agreement,and they may not need so many attachments as they are stipulated in the agreement.She does not want to restrict them but believes the unnecessary information should be deleted. City Clerk Kathleen Connelly stated the only two that should be attached to the document are Exhibit A,the work plan,and Exhibit B,Ordinance No.659.The rest of the material is for information only.The contract is also restricted to Visitor Center activities. Councilmember Dietz MOVED THAT THE PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 28 OF 34 VOTE:Unanimous. The motion carried. CONSIDERATION OF PROPOSED ECONOMIC AGREEMENT WITH APACHE JUNCTION MAIN STREET PROGRAM FOR FY 1999-2000 )City Manager Curtis Shook stated this is another annual agreement based on a work plan in which Main Street will provide economic services that the city does not provide.Staff recommends approval. Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT THE PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT OF THE APACHE TRAIL AND DOWNTOWN AREA BETWEEN APACHE JUNCTION MAIN STREET PROGRAM AND THE CITY OF APACHE JUNCTION BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION METHOD OF RESIDENTIAL SOLID WASTE COLLECTION AND ENFORCEMENT OF CURRENT ORDINANCE )Vice Mayor Surra commented they discussed at the work session that the community may be ready to have a one contract bid out for residential waste removal.She suggested staff bring back a draft request for proposal which would include a menu of options. Council could then put together the actual proposal or give them guidelines. She is also concerned that the current ordinance is not being adequately enforced.Some of the users are not getting the service they thought they REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 29 OF 34 should begetting.She requested stringent enforcement of the current ordinance until the new contract is ready. Mayor Coleman opened the item to council discussion. Councilmember Eck commented he is concerned about the possibility of the city having to do the bill collecting in regards to how it would be done and the staff time involved. Vice Mayor Surra commented that could be one of the options that staff needs to explain when i t is brought back.She wants to make sure the citizens will have a more secure feeling about the removal of their trash.Currently they do not know what days they are coming,though the time of day is getting better.There are companies she never heard of going into parks on Fridays to pick up trash.The fees have been raised a couple of times and companies are frequently not picking up on the day after :a holiday.Some of them do not have the name of their company and their phone number on the side of the truck,which violates the ordinance. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTIONS REGARDING METHOD OF RESIDENTIAL SOLID WASTE COLLECTION AND ENFORCEMENT OF CURRENT ORDINANCES:THAT THEY BRING BACK A DRAFT OF A BID PROPOSAL THAT THEY WOULD PUT OUT THAT WOULD INCLUDE A MENU OF OPTIONS THAT WE COULD USE TO PREPARE OUR BID FOR RESIDENTIAL WASTE REMOVAL:AND,IN THE MEANTIME,PLEASE BE SURE TO STRICTLY ENFORCE WHAT IS ON THE BOOKS ALREADY RELATING TO WASTE REMOVAL,AND I MEAN TO THE LETTER. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AMEND ZONING REGULATIONS TO ALLOW TEMPORARY PLACEMENT OF A MOBILE HOME REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 30 OF 34 DURING CONSTRUCTION OF A PERMANENT DWELLING )Councilmember Eck commented this would allow someone who has a mobile home on a lot of at least 1.25 acres to live in their mobile home while they are building a site built home on the property.The mobile would have to be abandoned and removed once they took occupancy of the site built home.Currently only a travel trailer or recreational vehicle is allowed.The intent is to help people upgrade their property. Vice Mayor Surra commented a Mr. Jesse Downey spoke on this issue during Call to the Public.He is in that very situation.This would allow him to stay in his current home while he builds his conventional home.He would then remove the mobile home.He is looking for relief from the way the ordinance currently reads because of the tremendous financial hardship to him.She asked if this has to be done by ordinance or if it can be done on an administrative level as policy by Development Services. City Attorney Joel Stern asked that they give direction in the motion for staff to research whether it should be a zoning text amendment or an administrative procedure.They could then know which way it should be done. Vice Mayor Surra commented if it is administrative,it could then be a case by case basis.They could view the site to make sure it accommodates everything. City Attorney Joel Stern suggested it could possibly be tied to the certificate of occupancy,but that does need to be researched. Mayor Coleman closed the discussion with no further comments. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN REGARDING THE TEMPORARY USE OF A MOBILE HOME DURING THE CONSTRUCTION OF A PERMANENT,SITE BUILT HOUSE:THAT STAFF RESEARCH THE CURRENT CITY ZONING REGULATIONS TO DETERMINE IF SUCH AUTHORITY ALREADY EXISTS AND TO BRING BACK A REPORT ON THESE FINDINGS WITHIN 60 DAYS. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 31 OF 34 MOTION. attorney if he gave him enough time. Councilmember Urich SECONDED THE Councilmember Eck asked the city City Attorney Joel Stern stated he would let them know if he needed more time. Vice Mayor Surra asked if they could amend the motion so that the mobile home was one already on the property prior to the application. Councilmember Eck AMENDED THE MOTION TO READ USE OF AN EXISTING MOBILE HOME DURING THE CONSTRUCTION OF A PERMANENT, SITE BUILT HOME. Councilmember Urich SECONDED THE AMENDMENT. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,DECEMBER 6,1999,IN THE CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,DECEMBER 7,1999, IN THE CITY CONFERENCE CENTER. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 32 OF 34 INFORMATION AND REPORTS Vice Mayor Surra reminded everyone that there is a Focused Future meeting tomorrow evening at the Holiday Express at 5:30 p.m.Councilmember Durbala will be there to clarify any questions that may involve council. Councilmember Eck asked if this meeting is for everyone. Vice Mayor Surra stated it is for the heads of all the subcommittees.She would like council to take turns being there to answer questions. Councilmember Eck stated he joined the volunteers cleaning the desert area over the weekend on Lost Dutchman north of San Marcos.They took approximately 15 loads out with a dump truck and there was about 20 volunteers.It was obvious a lot of trash had been placed there before the fencing,so he believes the fencing and locked gates will help eliminate some of the dumping.It amazes him that people have to throw their trash in the desert when there is a landfill available in the city limits. Councilmember Insalaco stated three of the council are going to the League of Arizona Cities and Towns on Thursday. Mayor Coleman stated they are planning to give the city associate membership in Maricopa Association of Governments.It will be non -voting status. Councilmember Urich reminded everyone of the auction this Saturday at the city yard. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:55 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of November 2,1999. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 33 OF 34 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Karon Tilton;Rudy Esquivias; Public Works Department. 4.Approval of Award of Bid F 99-01,AS/400 170e Main Frame Computer.(In order to be Y2K compliant and to be able to stay with the current general ledger and payroll programs,the current Main Frame System 36 needs to be upgraded.) ACCEPTED THIS 7TH DAY OF DECEMBER ,1999,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk DE ER DOUGLAS COLEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION ,1999. 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 16th day of November,1999.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of November,1999. KATHLEEN CONNELLY City Clerk _ REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 16,1999 PAGE 34 OF 34