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HomeMy WebLinkAbout1998-06-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 2,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 2,1998,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 7:03 p.m. INVOCATION Pastor Lynn Coombs gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Urich Councilmember Durbala Councilmember Eck (Councilmember Insalaco was absent.) (One vacancy exists on the council.) Staff Present: Others Present: City Manager Curtis Shook Deputy City Clerk Janet Mason City Attorney Joel Stern Public Safety Director Robert Warner Development Services Director Larry Harmer Community Outreach Coordinator Patrick Brenner Associate Planner Rudy Esquivias Management Assistant Robert Galloway Long Range Planner Kate Morris Housing & Grants Coordinator John Petroff ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 1 OF 42 Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A NEW LIQUOR LICENSE FOR AMVETS POST 2 )Councilmember Durbala claimed a conflict of interest and removed himself from the council chambers. City Attorney Joel Stern briefed the council on the item.He gave a summation on the liquor license application process.AMVETS is requesting approval of this application.He commented there are memos from the fire district,city clerk,building official, planning and others regarding this application.He stated council must determine if the public convenience and best interest of the community would be substantially served if the liquor license is issued.If council determines this license should not be granted,the reasons for such a recommendation must be specifically stated in the motion.He added the motion page includes a motion for an unlicensed business establishment exemption. Materials have been included in the packet addressing that issue.If a negative recommendation is given,the state will have to have a subsequent hearing and the letter with the attached reasons will become part of the record for that hearing. Mayor Coleman asked the applicant or their representative to address the council. Mr.David Little,who lives in Mesa and is the agent for AMVETS Post 2,addressed the council.He stated their liquor license application had been withdrawn and no longer exists.He commented he could not see how something could be discussed or voted upon that REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 2 OF 42 no longer exists.He advised they went to the liquor board and withdrew it, adding he has a notarized copy of the file deactivation form dated May 29, 1998.A copy was provided to the city offices by AMVETS later that same day. He commented since they are unable to vote,the discussion is needless. Vice Mayor Surra asked what date that was brought to the city. Mr.David Little stated it was at midday Friday,May 29,1998.He added it was short notice to get it off the agenda. Vice Mayor Surra stated it was already an advertised agenda item. Mr.David Little insisted they could not vote on a nonexistent item. Deputy City Clerk Janet Mason stated there is supposed to be two pages to the withdrawal form;the city was only provided with the first page which is not signed by any liquor license employee.She added they have not received any notification from the liquor department that this application had been withdrawn. Mayor Coleman stated this would just be a recommendation only. City Attorney Joel Stern asked i f the city clerk office had received anything from the state liquor board regarding this application. Deputy City Clerk Janet Mason stated the office has not received any fax or anything in the mail regarding this application from the liquor board other than the original application. Mr.David Little stated he had the notarized form with him,and added the first page was blank on the back. Mayor Coleman stated since this was advertised as a public hearing the council would continue with the public hearing.He requested Mr.Little to proceed with any other comments he had for the council. Mr.David Little stated the application was withdrawn on May 29,1998.He stated the notice was posted on May 1,1998,with twenty days after posting given for people to file affidavits for or against the license application.He added the notice is supposed to be removed after twenty days.It has to be removed by the posting REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 3 OF 42 clerk,and i t is still there.He commented they have received information from reporters indicating the council had already determined what their decision was going to be.The paper states that AMVETS Post 2 is unsavory;he has been a member since 1984 and commented they have had no court convictions since that time.He admitted they have not walked on water,but they have never been convicted of anything.He commented the establishment described as a church within the 300'limit is licensed as an office,not as a church.He commented they have been in Apache Junction since 1976 and have been good neighbors and citizens,contributing many hours and dollars to the community. At this time they are involved in the Headstart program and the Care Bear program.He added the 300'limit for a church applies to liquor license classes 1-12;they are exempted as theirs is a class 14 license.They are not a public bar or commercial establishment.They are a private organization; they are registered with the state as a nonprofit corporation. Mayor Coleman opened the public hearing on the item. Colonel James E.Kohler,3500 S. Tomahawk #155,Apache Junction,declined to address the council,stating the Mr.Little had already said everything that needed to be said. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if civic groups would have less requirements in terms of insurance. City Attorney Joel Stern stated the liability laws for serving liquor and allowing customers to become intoxicated are covered in Title 28,but he is not sure how it would apply to this situation as there is no liquor license at the present time. Mr.Elliott Fisher inquired if the civic groups were allowed to have less insurance than other liquor licenses. City Attorney Joel Stern believed it was based on the circumstances of each case.He could not determine more than that as this is not an agendized issue. Mr.David Little stated the national association requires local chartered posts who serve liquor in a social room to maintain $300,000 in liability insurance.They cannot have a bouncer and must call the local police department if a drunken person attempts to enter or becomes unruly. Mrs.Lori Rice,owner of Bee Lovely Hair Boutique located at 1000 W.Apache Trail directly above the application site,addressed the council.She stated her landlord,Vinton Peck,gave her informal notice on May 23 to look for another place of business if she did not REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 4 OF 42 stop the protest petition.She also represented the other 12-14 business owners in Thunderbird Plaza.These owners have been in business there for as long as 22 years.She stated their issue is the parking issue.There is not much parking to begin with,and there already is a problem from October to May with the parking.They are also concerned with the late hours some of the girls work,some leaving as late as 9 p.m.Monday through Saturday.She commented she is looking for a new place as AMVETS has been offered her building spot as they had heard they could not get their license downstairs. Mr.David Little stated what Mrs. Rice has brought up is between she and her landlord.He surmised she has not had a trouble free history there.He does not see where the trouble with the landlord is a city council issue. Ms Jeri Noon,owner of one of the shops in the plaza,addressed the council.She stated she has a lot of respect for the veterans and thanked them for serving their country.However, she does not believe their plaza has any business having that type of facility located there.These are small shops with elderly customers who require a little more extra care and room.The parking is not correct for that type of facility;they need a more private area that would not interfere with businesses. Mr.David Little commented if the license were existent,it would be for a private social room for a members only bar.There is a great deal of difference.Their membership is primarily middle aged and above.This is a social room for veterans of good character. Mayor Coleman closed the public hearing on the item and opened it to council discussion. Vice Mayor Surra asked Mr.Little if they pulled the liquor license application because they would no longer be using those premises. Mr.David Little stated their reason for withdrawal,according to what they gave the state,was to enlarge the space and remodel to meet the Apache Junction safety code as required.They will replat and resubmit when it has been accepted by the Apache Junction Housing Authority.He commented they realize they will not be able to do anything until they meet the demands of the city. Vice Mayor Surra asked if they were just postponing the request for the liquor license on those premises. Mr.David Little stated they will resubmit when they have the funds and a structure meeting requirements.He added a class 14 license cannot be transferred from location to location;i f REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 5 OF 42 they were licensed at this location and then transferred it,it would cost them an additional $1,200,besides having to go through the application process all over again.They cannot see spending the $1,200 when they have no indication that they can operate at that location.If they can meet structure codes for this location,they will reapply. Mayor Coleman asked if the money had been refunded for the application. been refunded. their application was still open. Mr.David Little stated it had not Mayor Coleman commented it appeared Mr.David Little stated it is not. The state requires a $150 application fee,nonrefundable,with the remainder paid upon approval but prior to issuance of any license. Mayor Coleman asked if they would have to spend the $150 again. Mr.David Little stated it would be $150 plus $24 each for fingerprinting and background investigations on at least two officers. Mayor Coleman commented he was just trying to determine where in the process this application stands. Mr.David Little stated they withdrew at this time to keep the remainder of the unspent funds available to bring the buildling up to the city's standards.There will be efforts in the meantime to recoup that money through yard sales,donations and whatever other legal means they have to raise funds.They, plan on working with the landlord and the city to bring the building up to code,and if successful,they will try to get a license there. Vice Mayor Surra asked if they planned to run their organization as a bring your own liquor to the gatherings during the meantime. Mr.David Little stated the size of their events will be miniscule with no license.They would only have 12-15 people.They would have larger cookouts in the backyard. Vice Mayor Surra asked if they had a backyard. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 6 OF 42 Mr.David Little stated there is parking to the rear of the building rarely used.He commented Mrs.Rice parks in front of her own place instead of around back.He added they hope to be able to allow each member to bring in 24 ounces of beer or 6 ounces of wine which they cannot store,keep or refrigerate.If they bring it with them they consume it.This is the same regulation that allows winetasting clubs to meet in a restaurant instead of in a bar,or to have alcohol at a wedding reception. Vice Mayor Surra asked if they had that arrangement when the organization met at Royal Palm and Highway 60 at the entrance to the Palm Springs Subdivision. Mr.David Little stated they did not as they were ignorant of the existence of that state regulation at that time. Vice Mayor Surra asked if the reason they were raided at that location was because they went beyond the 24 ounces of beer or 6 ounces of wine. had gone beyond that,but allowing members to bring They were ignorant of the legally it was not AMVETS there. Mr.David Little did not believe it there was alcohol consumed there.They were in alcohol though they did not have a permit for it. permit and they got caught.However,ethically and Post 2 that got charged.There are no convictions Vice Mayor Surra stated he had mentioned the newspaper articles that had called them unsavory. Mr.David Little stated he had a copy of the article for her.He gave it to her as she had not seen the article.He commented it is from the Arizona Republic and attributes information to several different people. Mayor Coleman asked if Chapter Commander James Vickery was here. Mr.David Little stated he was there. Mayor Coleman stated he had seen the article that appeared on June 1st by Edith Jensen.He added the article comments that the city council is expected to vote to deny the license.He clarified that he did not discuss his vote with anyone.He commented that in the article it quotes Mr.Vickery as saying that the city tried to shut AMVETS down the Friday before Memorial Day,but they came in that weekend anyway.He is further quoted as saying he wanted the police to come and arrest them and REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 7 OF 42 take them to court,but no one came.Mayor Coleman asked if that was an accurate quote. Mr.James Vickery,commander of Post 2,stated he had only been there for a month as commander.He denied making a remark that they had wanted to be arrested.He denied saying that the council has already made up their mind on their vote.He commented the reporter informed him that they were going to be denied the license.He stated he questioned to the reporter on how that could be when the meeting was not until the next Tuesday. Mayor Coleman stated he wanted to determine if there had been an error in communication on what he was quoted as saying. Mr.James Vickery stated no one at AMVETS Post 2 wants to be arrested nor fight the city and say they are going to be there whether the city wants them to be there or not. Mayor Coleman clarified he is denying he said that. Mr.James Vickery denied saying i t and stated the reporter apparently misinterpreted what he was saying.He told her it was a shame the city picked a Friday on Memorial Day weekend,honoring veterans,to put a no occupancy sign on their front door.He commented he was the person who was charged with dealing in alcohol without a license,not AMVETS Post 2.The liquor agent informed him he would be charged with it so that AMVETS would not have it on their record and therefore would still be able to obtain a liquor license.The hearing on him is in city court and is in abeyance for six months.He has to donate $240 to the Headstart Program and pay a $240 fine to the city.Upon completion of his fines,the charge will be dismissed from his records.He commented someone has passed i t around that AMVETS has a lengthy police record.That is not true.He commented the post would like to know about i t if such a record exists.He stated they have never been charged or in court for any violation. building code violations. never been in this court attempt had been made by Plaza. Mayor Coleman asked if that included Mr.James Vickery stated they have for building code violations. Councilmember Urich asked if any AMVETS to talk with the businesses at Thunderbird REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 8 OF 42 Mr.James Vickery stated he did not because he had been informed that a petition was being passed around by individuals that did not want them there in that location.He commented Mrs. Rice made no attempt to contact them or get to know them.She must have formed her opinions talking to other people.He did not attempt to change her mind. Councilmember Urich commented she was curious as quite of few of the businesses in that area signed the petition. Mr.James Vickery stated he understood that because they are new and the other people have been there for a long time and are friends. Vice Mayor Surra commented she did not recall friendship as being one of the reasons on the petition;she recalled concern about parking and the amount of traffic going through the area and concern about alcoholic beverages refuse being found on the property. The refuse could possibly have portions in them and children have access to something left outdoors.They were concerned about safety.There was no mention of long friendships in the petition. Mr.James Vickery stated that beer cans in the parking lot is the first argument anyone uses when they are against someone getting a liquor license.Beer cans are not allowed to be taken off the premises in their establishment.They keep them and recycle them.He commented if someone attempts to leave without finishing their can they will be barred for a minimum of 30 days. Vice Mayor Surra commented since they do not have a liquor license,the members are bringing their own liquor in and could be bringing their own liquor out. Mr.James Vickery stated they cannot take it out.They have to drink the two cans or empty it down the sink. Vice Mayor Surra commented that they could finish i t in the parking lot. Mr.James Vickery stated they do not allow that. Vice Mayor Surra asked if they confiscate an opened or unopened can before they leave. Mr.James Vickery stated that was correct. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 9 OF 42 Vice Mayor Surra asked if that was also true for the six ounces of wine. Mr.James Vickery stated that was correct. Councilmember Urich asked how many, by a show of hands,businesses from Thunderbird Plaza were in the audience. The hand count showed six business owners in attendance. Mr.James Vickery commented that out of twelve complainants they only had five show up. Councilmember Eck commented he was confused over the withdrawal of the application as he did not have a copy of it.As far as he is concerned,there is still an application.He commented this is the wrong location for this business in his opinion. Mr.James Vickery asked why it would be zoned for alcohol sales if it was the wrong location. Councilmember Eck commented a dozen of your neighbors have complained and he cannot imagine this business being in that location. Vice Mayor Surra commented that zoning has wide perameters for uses for any given area of commercial establishment.However,what the council chooses to see in linked commercial groupings of stores should be compatible.The businesses are telling the council that this is an incompatible use.They have cited some legitimate concerns regarding safety,children,religious organizations being present on that site,and parking availability,leading to traffic concerns in the high use times of the year.This is the real issue,not whether liquor is allowed on those premises.She asked if the Baptist church located within the 300' limit holds church services. Mr.James Vickery stated they are licensed as an office;the building does not meet the assembly codes of the city to have a church in it. Vice Mayor Surra asked if there was anyone from the church in attendance or if anyone knew what kind of license i t has.There was no one in attendance who knew what kind of license the church has.She commented she walked around the plaza to check the site and see how she would feel if she used the businesses there.She stated there was a big red sign stating "no occupancy"on the AMVETS door but she was allowed in. There were three people there having a little meeting.She commented the church office is along the side near the Village Bootery and the video store. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 10 OF 42 She added she also saw the beauty shop where they expect to put their new place,and i t is still in the same location even though it is one floor up. Now it will be more accessible to anyone off the street as it will be on the ground floor.It would allow for easy access for the disabled,but it will be just as easy an access for young people. Mr.James Vickery stated that would only be if they were allowed in there. Vice Mayor Surra commented if things are left around the way they have been left in the past they will have much more accessibility to them. Mr.James Vickery insisted that was not by them.He commented he does not understand the concern over a private club when they do not allow the public in there.He added Cobbs Restaurant is 100'away across the street and it has a 24 hour restaurant and bar open to the public.He asked if that posed a problem for these people. Vice Mayor Surra commented they have a separate parking lot. Councilmember Eck added they also have a separate building. Mr.James Vickery stated it is different.They are a private club in the same mall. Vice Mayor Surra stated they are not in the same mall as Cobb's;there is a street running between Cobb's and the plaza. a separate parking lot. have a separate building. Mr.James Vickery commented the church is right across the street from Cobb's;it is less than 75'away.He added the statements of trash and young children being allowed in has not occurred there.They have not even been in business there so it could not be happening.These are all allegations given to make them look bad so that the council would not allow them to be in that area. Vice Mayor Surra commented it appears that they have been unable to find a good location for AMVETS where they are able to comply with the regulations.She added her father belongs to some of these organizations and they all have their own buildings with their own space and they are not overflowing into other public business areas.They are self-contained.She commented that when AMVETS does that,they will probably not have any problem getting a license. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 11 OF 42 Mr.James Vickery commented Mr. Dixon of the building department told him there was not a building in Apache Junction that would meet their requirements unless they built a new one. Vice Mayor Surra stated she is thinking of their failure in the past to obtain proper permits,and with that history it is difficult for the council to look with favor upon AMVETS for this request for this location.The public is going to be in this area a lot. Mr.James Vickery stated AMVETS used to own its own property about seven years ago at Tomahawk and Old West Highway.The state purchased that property,and at that time there was an agreement that the state and the city would assist AMVETS in relocating.That has never happened.After a year of no action,the members voted to move to Maricopa County and never to come back to Apache Junction.A number of them decided a few years ago that Apache Junction was their home and they came back.The trouble started when the state purchased the property that they owned and forced them to move so that they could build up the road level at that location. Vice Mayor Surra commented they have not found a home since. Mr.James Vickery stated they have not found one that satisfies the people of Apache Junction. Vice Mayor Surra added or one that satisfied their pocketbook. Mr.James Vickery added or their pocketbook for buying a new building as recommended by Mr.Dixon. Councilmember Eck asked if the state purchased the building from them. Mr.James Vickery stated it was the State of Arizona. Councilmember Eck asked if there were not enough funds to look for an appropriate building. Mr.James Vickery stated he was not a member at that time. Vice Mayor Surra asked what the hours of operation would be if this location is kept for the club. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 12 OF 42 #123. Mr.James Vickery asked if she meant Vice Mayor Surra stated she meant the hours for the area they propose to be,as they may lease that entire building. Mr.James Vickery commented only if it was approved by the city. Vice Mayor Surra stated the city does not approve leases. Mr.James Vickery meant their approval of the liquor license application.He added as far as they and the state are concerned,this application has been cancelled. Vice Mayor Surra asked if that meant they would have no hours of operation. Mr.James Vickery stated they will not have a liquor license in that basement. Vice Mayor Surra asked what hours of operation would they have even if they did not sell liquor., Mr.James Vickery stated they never open before noon.He added if they had five people in there before 6 p.m.i t would be a lot.Most of their customers come from 6 p.m.to 10 p.m.,with more than six on a week night being a lot. Councilmember Eck asked what a customer was. Mr.James Vickery stated they are members in there purchasing alcohol in the social room. Councilmember Urich asked how many members they have. Mr.James Vickery stated they have approximately 168 members.They have 89 lifetime members,with many of them living out of state.They have about 50 people who actively participate in this area. City Attorney Joel Stern recommended they reopen the public hearing as some of the discussion has covered things that deserve a rebuttal by others. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 13 OF 42 hearing on the item. Mayor Coleman reopened the public Mrs.Lori Rice stated they are waiting for her to be evicted before they go in and remodel her salon.She has no intention on leaving without a fight and it could be a long time.Her lease is up and her landlord came over and asked her if she was going to buy the building.She had until 10 a.m.that morning to come up with $30,000 for a down payment.The landlord refused to get an appraisal.She and her husband turned him down.The landlord told her she had until June 15 to be out.There was no way she could move out in two weeks and he would not renew a lease for her.However,he took a June rent of $615 and asked her husband to sign a handwritten notice giving AMVETS permission to come in and do remodeling during off hours.Her husband signed it trying to buy her more time.She commented this is how things stand right now. Councilmember Eck asked how many years she had been in that building. Mrs.Lori Rice stated she had been there 8 years.She worked for the landlord's wife for 4 years before she bought the business from them.She has never had a problem with her landlord before this.I t is a matter of money;they have offered him more money than he is getting now.She added until she receives formal eviction notice and her lawyers go over it,it will be a long wait. Councilmember Urich asked if her lease expired. Mrs.Lori Rice stated it did.She added her landlord brought it up that she had an unsigned lease.She had an unsigned lease all year last year and she put $7,000 into the flooring and rebuilding the salon. City Attorney Joel Stern interrupted her to ask the relevance of this to AMVETS. Mrs.Lori Rice answered they had brought up that they were going to reapply. City Attorney Joel Stern stated that is not really on the agenda.He advised her to keep it to the liquor license. Vice Mayor Surra commented that in order for them to have a liquor license they must first have a building that accommodates the business that is applying for the liquor license.They would like to have the renovations to the possible leased property done while she is still conducting business.She asked Mrs.Rice if that was correct. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 14 OF 42 Mrs.Lori Rice stated that was correct. Vice Mayor Surra asked her if she would be in compliance with her business license if they have her salon torn up. Mrs.Lori Rice stated she did not believe she would be in compliance. Mr.Elliott Fisher suggested i f everyone in the situation put their heads together they might be able to work something out with a local restaurant.There are so few members coming to the location at so few times that they might be able to do this at a restaurant. He suggested the city might be able to do something for them tax -wise or a financial incentive given for them to stay in a bar. Ms Jeri Noon stated she stayed downstairs in Mr.Peck's basements for six weeks last year and she verified that the church does conduct services twice a week.I t is a full church and they have a congregation.I t is not just an office that they are renting. She reminded them that there are three owners in that plaza,making the parking situation difficult,as the parking area behind the beauty salon is not Mr.Peck's property.It belongs to another landlord;there is a conflict between three owners that has not been addressed. Mr.David Little gave a description of the buildings at the plaza and its parking facilities.He claimed it was open parking not assigned to anyone.He agreed with Mr.Vickery that the size of their organization would not put a parking burden on anyone.Regarding litter and others,those issues have not come to pass here or elsewhere.The issue between the landlord and his tenant is their issue,not AMVETS.He reminded council there is no application before council to be voted upon. They wish to remain in Apache Junction. Mayor Coleman asked why they were here defending their position if there were no valid application. Mr.David Little stated they are here because they could not get i t removed from the agenda and discussion has been allowed on it.They have been maligned and wished to rebut those statements. Vice Mayor Surra commented she did not want AMVETS going away thinking they had been maligned;asking these questions is a responsible tact for the council to take.Council has only asked them to clarify things they have already heard,seen in print or have viewed personally.She commented a history of inappropriate use of premises REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 15 OF 42 and failure to comply with all of the licenses and permits does give council something to question.This is not maligning,it is going about business. She added they are aware that they have served their country and the city is honored to have any veterans'organizations in the city.They do honor them, but serving liquor is another thing.The city has to be careful about where the places that serve liquor are located,and that they be of compatible use. mean to infer that the city council hearing with no one else wishing to discussion by the council. Mr.David Little stated he did not had maligned AMVETS. Mayor Coleman closed the public speak.He called for any further Councilmember Urich clarified that the signatures on the protest petition numbered sixteen,either owners or co- owners of businesses.She commented she wished AMVETS had worked with them closer to try to come to some agreement with the businesses there.She added she drove over there at midnight one night and realized it is a very small parking lot for those two buildings. Councilmember Eck stated he would love to have AMVETS in the community,but he has a problem with this location based on written and verbal testimony from persons who reside in or own or lease property in close proximity. and called fora motion. Mayor Coleman closed the discussion Vice Mayor Surra stated that "in view of the fact that we have not had anything from the state removing the application for liquor license,and that we are indeed here as a public hearing and a vote for the issuance or recommendation for issuance of a liquor license,I MOVE THAT THE APPLICATION FOR A NEW LICENSE,CLUB,SERIES 14 LIQUOR LICENSE SUBMITTED FOR AMVETS POST 2 BE RECOMMENDED FOR DENIAL TO THE ARIZONA STATE DEPARTMENT OF LIQUOR LICENSES AND CONTROL.I STATE MY REASONS FOR THAT BASED ON A HISTORY OF INAPPROPRIATE USE OF BUILDINGS AND PREMISES WITHOUT PROPER PERMITS,WITHOUT PROPER LICENSING,WITH NO REGARD FOR THE COMPATIBILITY OF THE PREMISES IN REGARD TO THOSE IN CLOSE PROXIMITY,TO THE FACT THAT PEOPLE OF LONGSTANDING BUSINESSES WOULD BE IN OPPOSITION ALSO TO THE AMVETS LOCATING IN THAT PARTICULAR•AREA AND HAVING THAT KIND OF BUSINESS IN THEIR PLAZA.I WOULD FURTHER MOVE THAT A LETTER BE SENT TO THE DIRECTOR OF THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL REQUESTING THAT THE UNLICENSED BUSINESS ESTABLISHMENT EXEMPTION AS APPROVED BY DEPARTMENT OF LIQUOR LICENSES AND CONTROL OFFICIALS ON MARCH 23,1998,BE REVOKED AND THAT FAILURE OF THE LICENSEE TO COMPLY WITH THE DIRECTOR'S RULES AND STATE LAW AND FOR THE REASONS PREVIOUSLY GIVEN AS PART OF THE RECOMMENDATION FOR DENIAL OF THAT LICENSE BE INCLUDED IN THAT LETTER,ESPECIALLY TO THE FACT THAT THE APPLICATION ITSELF REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 16 OF 42 THAT WE SAW DID HAVE SEVERAL AREAS THAT WERE MARKED THAT REQUIRED FURTHER EXPLANATION AND IT WAS NOT TOTALLY COMPLETED AND COMPLIED WITH SO I FEEL WE DID NOT HAVE ALL OF THE INFORMATION WE SHOULD HAVE HAD FOR THAT APPLICATION. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous.(4-0 as Councilmember Durbala had declared a conflict of interest and removed himself from discussion and vote on the item.) The motion carried. minute recess. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED RESOLUTION NO.98-19/FY 1998 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION )Development Services Director Larry Harmer briefed the council on this item.The two mandatory public hearings have been held.Requests for use of funds have been virtually non- existent from outside agencies for any projects.They are therefore proposing to allow for curb,gutter,sidewalk and paving to improve Ocotillo and Saguaro between Superstition and Apache Trail.This year's funding is approximately $260,000.The remainder of the funds would be for standard grant administration costs,which is a minor percentage.Staff requests council to adopt the resolution to establish this as the grant request for next year. 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 council discussion.There being no discussion by council,he called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.98-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 1998 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.CERTIFYING THAT SAID APPLICATIONS MEET THE COMMUNITY'S PREVIOUSLY IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND IS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 17 OF 42 The motion carried. APPEAL OF ORDINANCE NO.940 BY CHEVRON PRODUCTS COMPANY )Long Range Planner Kate Morris briefed the council on the item.It is located at the junction of Idaho Road, Old West Highway and Apache Trail.The site already has the Chevron and garage on it.Chevron wants to update the station with the construction of a standard convenience market.The pump aisles will be replaced and reoriented. There will be an additional bay of pumps.The garage will be demolished and an RV pump station erected in its place.During review it became clear that Ordinance No.940 would have to be applied.The ordinance requires a 6' masonry wall between the two commercial properties.The property also has 3 street frontages which require landscaping.Staff requested a 25'setback due to the focal nature of the site.Due to the buildings and pump aisles,this setback would not work.A compromise reached involved the density of the landscaping and an alternative to the wall involving increasing the density of the landscaping there along with intermittent boulders.Four responses came in too late to be included in the packet.One showed concern for trash coming across from the property and graffiti on the wall.The others were just requesting details,with one commenting the improvement was welcomed.The police department was also concerned about graffiti on the wall,plus it being a shield for illegal activities.The planning and zoning commission recommended four stipulations:increasing tree and shrub size;direction on clustering,contouring and mounding techniques;all building equipment must be integrated into the building structure and screened from view by the public, including air conditioning roof mount;and the landscaping along the east property line must provide a safe and attractive appearance,prevent ingress/egress from the vacant property,and buffer the RV dump facility from Old West and 2nd Avenue.She added a representative from Chevron was in attendance.She commented she had been asked earlier by a councilmember how many appeals had been considered and what they had been for.She stated this is the sixth appeal and half of them have dealt with walls;the ordinance was adopted a little over 2 years ago.All of the parcels applying for and receiving any kind of appeal have been unique -substandard,commercial lots smaller than the required size or very narrow light industrial lots.This lot is a good size but has a unique shape. Councilmember Eck asked if the appeal process cost Chevron Products Company a fee. Long Range Planner Kate Morris stated it does as this is a noticed public hearing;mailed notices and legal advertisements in the paper must be done. Councilmember Eck asked if that was due to Ordinance No.940. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 18 OF 42 Long Range Planner Kate Morris stated the fee and process are outlined towards the end of that document. Vice Mayor Surra commented the Chevron station at that location has historically been one of the nicer appearing businesses in the city on a voluntary basis.They have shown a lot of responsibility towards the aesthetics of the community.She expects them to do the same again,even with the new owner.She added she recently saw a program concerning using certain vegetation in place of walls.They used ocotillo for the desert area,planted in such a way to make a natural wall. Graffiti could not be put on the ocotillo and they would catch any paper blowing around.She suggested the council consider the different materials that could be used for walls besides masonry.She highly recommended ocotillo after seeing that program. Long Range Planner Kate Morris commented Chevron is leaning towards making the landscaping more xeriscape landscaping.She added numerous desert plants have their own protection with the use of spines.They can stop people and vehicles. Councilmember Durbala asked how high the wall behind the dump station would be. Long Range Planner Kate Morris stated it is required to be 6'tall masonry block by ordinance. Councilmember Durbala asked if he is proposing landscaping there. Long Range Planner Kate Morris stated he is proposing a vegetative screen. Councilmember Durbala asked how many gallons their septic tank system would be for the dump station. Long Range Planner Kate Morris stated she would have to refer that question to the representative. Mayor Coleman requested the applicant to address the council. Mr.Joseph Salvatore,a principal with the firm Architectron,of 398 S.Mill Avenue #301,Tempe,addressed the council.He is the architect for Chevron.They are trying to upgrade the site by putting in a convenience store with the service bay.They are also contemplating an RV station,but they may drop that due to the difficulties they are having with the septic system.They will provide RV parking for the propane filling area.They may do a 5,000 gallon holding tank underground for REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 19 OF 42 the dumping which will be dumped every week or as demand needs.That waste would be hauled off to a waste treatment facility.He commented he brought a revised landscaping plan with him.They will try to create some vertical interest by introducing mounding,boulders,more lantanas,Chilean mesquites and palo verdes along Old West Highway.The landscaping along Idaho Road will also be redone.They had trouble with getting the building to provide surveillance to the pumps from the cashier's stand and still keep it with 25' setbacks on two sides and a 10'setback on the third side.They will fully landscape the Old West Highway side,which will have a 50'to 60'buffer. They are taking off all the external building equipment and putting i t inside. They will have different colors and layers of stucco treatments on the building.The entry will be identified by a tower element.The glass along the east side is mullioned glass which will allow constant view. Councilmember Durbala asked where the dumpster would be. Mr.Joseph Salvatore showed them on the overhead where it would be. Councilmember Durbala commented he wanted to make sure it was not going to be behind the building. Mr.Joseph Salvatore stated they are going to dense up the landscaping,mound it,put in boulders and have a retention area there as well. the dumpster would be. the overhead where it would be. Councilmember Durbala asked how high the mounds would be back there. Mr.Joseph Salvatore stated they will be from 2 to 3 feet tall.With the effect of the retention,they could appear to be 5 to 6 feet tall. Mayor Coleman asked if the landscaping is intended to buffer the impact of the dump station. Mr.Joseph Salvatore stated they have some nice palm trees that will not blend in with the landscaping they intend on doing.They will be putting in 24"box trees everywhere.They will also have 5 gallon bushes as well.It will create a canopy mass with bush mass underneath.They want to have darker color at the bottom with a lighter color and airier type of canopies above.This should visually buffer the RV dump.However,the RV dump is just a pad with a spigot to wash the waste down.It will basically be an underground tank with a manhole for pumping the waste out. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 20 OF 42 Vice Mayor Surra asked if the landscaping plan had been passed by parks and recreation. Development Services Director Larry Harmer stated parks and recreation has looked at this and is proposing primarily xeriscape landscaping. Mayor Coleman opened the public hearing on this item. Mrs.Midge Conway,902 S.Ocotillo Drive,addressed the council.She stated she was glad to hear their comments about a fence.If brick walls are put up all the time,the air flow will be stopped.She thinks it is wonderful they are going to do landscaping.She added the indians used to use ocotillo all the time;it even stops snakes. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented it appeared to be a beautiful plan.He believes the more open space the city has,the better off it is,and everyone is getting tired of walled in communities. Mayor Coleman closed the discussion with no more comment and called for a motion. Councilmember Urich MOVED THAT THE APPEAL OF ORDINANCE NO.940 BY CHEVRON PRODUCTS COMPANY REQUESTING RELAXATION OF DEEPER SETBACKS ALONG OLD WEST HIGHWAY AND A 6 -FOOT HIGH MASONRY WALL ALONG THE EASTERN PROPERTY BOUNDARY BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous.(There was general discussion about the four stipulations recommended.It was determined there would have to be another motion to include those stipulations.) The motion carried. Mayor Coleman MOVED THAT THE FOUR STIPULATIONS RECOMMENDED TO THE COUNCIL IN THE PACKET BE INCLUDED. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 21 OF 42 VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1039/CASE PZ-98-06/ REZONING REQUEST BY PHILLIP CAVE )Development Services Director Larry Harmer briefed the council on this item.The applicant has requested this item be continued to July 7,1998.This was received after advertisement;a public hearing should be held on the item.This is to rezone 2.5 acres of property at the northeast corner of S.Vista and 22nd Avenue from general rural to R-1/8 for the future creation of 8 manufactured home subdivision lots. hearing on the item. Mayor Coleman opened the public Ms Margaret Lawson,1835 E.20th Avenue,Apache Junction,addressed the council.She is located just north of that property on an acre and a quarter.She commented there is a natural gas line and washes on the property requesting rezoning.She cannot see how 8 houses can be put on that property without disturbing the washes.She would like to see no more than two houses go in there,adding the whole subdivision on that street has acre and a quarter lots.It would look out of place to have 8 houses there.She is also concerned about the type of houses going in. Mr.Alan Spencer,2144 S.Vista Road,Apache Junction,addressed the council.He owns the property directly across from the subject property.He agreed with Ms Lawson's comments,adding that 2 homes would be the maximum you could put in there.He asked if an engineering report had been done on the property. Development Services Director Larry Harmer stated this is for rezoning only;engineering and drainage reports are automatic requirements of subdivision plats. Mr.Alan Spencer commented he did not think they had anything to worry about once that report was submitted. Ms Sherry Chandler,2245 S.Vista, Apache Junction,addressed the council.She commented they are just south of the 2.5 acres.She added there is a large ditch that goes through their property;they have added stone trying to bring it up.When the water comes through,i t is 1'to 1.5'deep and will take out anything in its path.She stated these people attempted to put an in -ground mobile home on the property, but they apparently decided not to do that.However,they have left the hole in the ground.Washes travel throughout that property,and at the planning and zoning meeting the owners showed that they were going to put a drainage REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 22 OF 42 area at the north end by her fence.She commented it would have to be one big ditch due to the heavy water flow when it rains,and she does not want it all in her yard.She added they had been told you cannot dam it up,the water has to go where it wants to go.She cannot see how they can put 8 homes on that property.She added that from 20th Avenue to Southern,everyone has a acre and a quarter.She called for council to deny this project. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. when this item would be brought back CONTINUATION FOR A PUBLIC HEARING BE There was general discussion as to before council. Councilmember Durbala MOVED THAT A MOVED TO JULY 7,1998. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO.98-03/FINAL PLAT FOR IRONWOOD COVE I I SUBDIVISION ) )Associate Planner Rudy Esquivias briefed the council on this item.He commented this is straight zoning having big lots,i t is a quality builder,the commission liked it and requested council to approve the rezoning. Mayor Coleman asked the applicant to address the council. Mr.Steven Ray,1855 S.Recker, Mesa,respresenting SRC Homes,commented they would appreciate the council passing the rezoning. hearing on the item. Apache Junction, developments and Apache Junction, Mayor Coleman opened the public Mrs.Midge Conway,902 S.Ocotillo, addressed the council.She commented she is in favor of SRC requested council to approve this one. Mr.Elliott Fisher,547 E.Quail, asked if this would be 55+ housing or single family. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 23 OF 42 Mr.Steven Ray stated it would be single family homes. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT RESOLUTION NO.98-03,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE FINAL SUBDIVISION PLAT FOR IRONWOOD COVE I I SUBDIVISION,CASE SD -97-07,BY SRC HOMES,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1042/CASE PZ-98-08/ PROPOSED SUPERSTITION FALLS COMMERCIAL REZONING REQUEST )Long Range Planner Kate Morris briefed the council on this item.This is for a property south of the freeway on the east side of Goldfield Road and north of Baseline.This is for approximately 21 acres to be rezoned from trailer homesite by planned development to a general commercial designation by planned development.There are no end users at this time.She commented she received about 7 written comments from individuals in close proximity.They were generally all opposed to the development with concerns over traffic flow.A few individuals were for the development.Of big concern to the commission and the public is there being a shared main access road into the commercial area and the park.The road goes through the commercial rezoning area.The commission recommended an additional stipulation that the entrance to the mobile home park be separate and not through the commercial area.There was also a change in stipulation three regarding the location of the east property line of the commercial development. Mayor Coleman asked the applicant to address the council. Mr.Ralph Pew,10 W.Main Street, Mesa,addressed the council.He reminded council that the applicant was to file for a commercial zoning on this property as a stipulation of the original rezoning by this applicant.He urged approval of the case as recommended by the commission with the exception of the stipulation added concerning the entrance to the manufactured home park.He commented the park has already been approved and the ordinance adopted.The northern entrance is the REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 24 OF 42 entryway into Superstition Falls;the question is whether they want to rezone the land north and south of that entry for commercial purposes.The rezoning will provide economic benefit to the community.This entryway will facilitate and separate the pad users on the north side from the south.It will allow the residents the opportunity of not having to go back out on Goldfield or Baseline in order to shop.He commented that they cannot practically change the entrance to the park;it cannot be relocated at this point. questions by the council. Mayor Coleman opened the item to Vice Mayor Surra stated the final plan for this development has not been approved.She commented they have not satisfied another ingress to their commercial property if that was part of the mobile home park entrance that was approved at that time.The commission noticed that and they were not happy with the fact that one has to come through the commercial property in order to get to the park.The commission wants that relocation considered. Mr.Ralph Pew stated that the zoning ordinance adopted for Superstition Falls is final and approved.I t is not subject to further design or subdivision requirements.The entry on the north end of the property has always been the main entrance. Vice Mayor Surra stated the commission does not want it being the main entrance to the commercial area also. Mr.Ralph Pew commented that is what they are suggesting.To him,that is saying that the council does not want i t zoned commercial.They cannot relocate the main entrance to the park at this late stage. Vice Mayor Surra stated they are not asking him to relocate the main park entrance.They are asking for the relocation of the commercial entrance. missing the point. Mr.Ralph Pew commented he is Vice Mayor Surra commented he insists on having one entrance to both the commercial and the mobile home park.The council wants an entrance for each. entrances to the commercial site. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 25 OF 42 Mr.Ralph Pew stated they have three Vice Mayor Surra stated then they do not need the other commercial entrance. Mr.Ralph Pew asked how they were to gain access to the pads on the north ends of the property. Vice Mayor Surra suggested they not have those then. Mr.Ralph Pew stated they filed the request for commercial at the request of the council to expand the commercial. They elongated the commercial to provide for those pads. Vice Mayor Surra added they then changed the entrance. Mr.Ralph Pew stated the entrance has always been at that location. Vice Mayor Surra stated there are people who do not like having to go through the commercial section for an entrance to the park. Mr.Ralph Pew stated there are those who believe that the entrance serving both the commercial and park is not a good idea.They disagree with that.It will be similar to the pad sites at the freeway and Ray.They believe the main corridor will provide good circulation.It will be a dedicated right-of-way.The commission thought there would be too much traffic at the intersection of Goldfield and the entrance to the park.There will be traffic there,but it will be managed by three entrances along Goldfield. Vice Mayor Surra stated she thought since the falls for the entrance had been changed,the entry had been changed. Mr.Ralph Pew stated that has not changed. Vice Mayor Surra asked if the placement of the decorative water feature had been changed. City Manager Curtis Shook stated the feature has been there,but it was moved to accommodate the reconfiguration of the lot. Mr.Ralph Pew stated the water feature within the park had to relocate slightly. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 26 OF 42 Vice Mayor Surra stated that is at the entrance to the park. Mr.Ralph Pew commented the entrance to the park has always been at that location on Goldfield Road.The water feature was shifted slightly to get more commercial acreage. Long Range Planner Kate Morris showed the council the plans for the second planned development amendment (the one for the park)on the overhead in order to give council an overview of the entire plan. Vice Mayor Surra asked her to show them where the other entrances to the park were located. Long Range Planner Kate Morris showed them that there was one on Baseline and two on Goldfield.They are looking at combining them and locating them across from Golden Vista's south entrance. Mayor Coleman closed the discussion and opened the public hearing on the item. Mr.Howard Moore,3710 S.Goldfield Road #495,Apache Junction,addressed the council.He commented he has not been able to find another community where a commercial roadway is used to gain access into a residential community.He added Mr.Pew told him this would be a gated community with a either a guard in attendance or an automatic gate. He can visualize someone stopping to talk to the guard and backing traffic up to the point where people trying to exit the commercial property are locked in,and people trying to get to their residences are not given access due to the commercial traffic.He believes the reason why the developers want that roadway is because they gain 8 more houses in the residential area.He is concerned about the traffic due to the exit and entrance to the freeway being in such close proximity.People may be lined up blocking those ramps and it will create a huge traffic problem.The commission wanted them to lower the commercial property and put a driveway to the north of the commercial property.He believes they will not do this because they want those 8 more houses.He commented the developer will move on once this is through;i t is the community who will have to live with this.A commission member allegedly stated this property would generate $450,000 worth of revenue to the city per year,and he believes this is why the commission passed this.By his figuring,$22.5 million would have to be spend there a year to come up with $450,000 in taxes for the city.He reminded the council that their decision would be something everyone would have to live with for the rest of their lives. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 27 OF 42 Mayor Coleman interjected to say they do not take their decisions lightly. Mr.Howard Moore stated he hoped not.He added the city has 4.5 acres of city parks,13 acres plus of (interrupted by Mayor Coleman). Mayor Coleman asked Mr.Moore to stay with the issue. Mr.Howard Moore commented they do not want to hear about that,though they wonder what the kids are doing.He commented this property will be the only commercial property south of the freeway.Everything else is privately -owned in the area.He added there is 14 miles of land available on Old West Highway.These people want to have an unrestricted commercial piece of property where they can build a 30'high anchor in a residential zone.He does not mind some commercial property going in there,he just does not want that large a commercial building there. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked who this would be serving. He added the town needs commercial properties on the south end,especially grocery stores and any kind of services.However,this is way out on the fringe.He would like to see a multi -use building with some retail,along with some multi -family housing here.They would then get some revenue from the housing along with some retail to service the community out there.This seems completely out of place with what is around it. Mayor Coleman closed the public hearing on the item with no one else wishing to speak.He asked Mr.Pew to address the council with any remarks concerning the public hearing. Mr.Ralph Pew stated the gated entry occurs within the project.It does not happen at Goldfield Road so there should be no traffic backing up onto that street.Regarding 8 more houses, the commercial acreage was increased to expand the economic base and as a result the number of units has decreased.Finally,he has no idea where the $450,000 in tax revenue has come from. Councilmember Durbala asked what would happen if they widened the main entrance road,and he asked the intended width. Mr.Ralph Pew stated it should be sufficient for two-way traffic.He asked if Mr.Harmer would have an estimate. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 28 OF 42 Development Services Director Larry Harmer stated the standard minimum requirements are one lane in each direction plus a left turn lane. it would basically be a street. correct. down the street the gate was going to be. know. turning radius was as much as 100'. Councilmember Durbala clarified that Mr.Ralph Pew stated that was Councilmember Durbala asked how far Mr.Ralph Pew stated he did not Councilmember Durbla asked if the Mr.Ralph Pew stated the site plan is with the next case and it appears to be more than that. Councilmember Durbala estimated it to be about 400'to the gate,so he doubted there would be any traffic back up.He commented there would be means of ingress/egress to both commercial developments. Mr.Ralph Pew stated that was true and they think it will create a good traffic flow. Councilmember Durbala asked if a stipulation could be put in there for it to handle two lanes of traffic each way,and how much commercial property would be lost. Mr.Ralph Pew stated they would probably lose the turning maneuver space between the two lanes. Councilmember Durbala asked if there were two other entrances in the southern part of the commercial development. Mr.Ralph Pew stated that was correct. Councilmember Urich commented Lost Dutchman Park has a commercial access from Plaza,and she has never seen a back up of traffic.She would like to see the elimination of stipulation nine because this would allow golf carts and wheelchair users access to this commercial development without having to go on Baseline or Goldfield. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 29 OF 42 Councilmember Eck commented he could not see any other alternative if they did not go this way. Mr.Howard Moore suggested dropping the commercial property down and moving the entrance to the top. Councilmember Eck commented that would have people entering off the freeway.There is no road at the north end of the property. Mr.Howard Moore stated they could build one. Mayor Coleman commented that is a question for staff. City Manager Curtis Shook commented if it was relocated to the northern boundary it would probably, put i t in conflict with other traffic going onto the freeway.It would not meet the requirements for distance. Development Services Director Larry Harmer stated that the Arizona Department of Transportation's right-of-way extends some distance from the actual paving.He added Four Sons could not get an entrance off of Idaho north of the freeway as they were prevented by the Arizona Department of Transportation.They could only have access off of 29th Avenue.This would be the same situation.Though they could move the entry north,the actual intersection to Goldfield Road could not. Long Range Planner Kate Morris stated the property line is the Arizona Department of Transportation right-of- way.She added the current location is probably the only location they have up there for access to the property. Development Services Director Larry Harmer stated the intersection is in alignment with the condominiums across the street;those intersections should not be offset unless there is substantial distance between them. City Manager Curtis Shook reminded them they are voting on whether this should be rezoned to commercial,and that commercial property will come back to them in the form of a subdivision.This is a conceptual plan only at this time. Development Services Director Larry Harmer added it would have to come back through the process as either a subdivision or a final plan before any type of construction could take place. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 30 OF 42 Long Range Planner Kate Morris commented the park would most likely be built out first.She added the access may be pre-existing by the time the commercial comes back in as a planned development.She stated redirection and concerns of the council should be addressed at this time.Where the access comes through may have several options -conditions as recommended by the planning and zoning commission without the addition of condition number nine.Council can change,alter or delete any or all of those conditions. City Attorney Joel Stern added they could approve this with or without stipulation number nine.If council decided later on that they did not want that road alignment,it could be difficult to change the openings onto the mobile home park.They may be able to change the preliminary plan so that the actual alignment of that road is changed,but for the opening onto Goldfield eastbound into the park,that location will probably have to stay the same depending on the vested rights of the owners of the mobile home park. Mayor Coleman closed the council discussion and called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1042 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Deputy City Clerk Janet Mason read the ordinance by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1042,AS READ BY THE ASSISTANT CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:ELIMINATE STIPULATION NUMBER NINE. Councilmember Durbala stated that is not in the ordinance. There was general discussion on whether the stipulation was in the ordinance and needed to be eliminated. City Attorney Joel Stern suggested she phrase it to have the conditions as stated in the current ordinance apply. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 31 OF 42 Councilmember Urich amended her motion to read AS STATED IN THE CURRENT ORDINANCE. Councilmember Durbala SECONDED THE MOTION. VOTE:4-1 (Vice Mayor Surra voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1041/CASE PZ-98-07/ PROPOSED SUPERSTITION FALLS MANUFACTURED HOME PARK )Long Range Planner Kate Morris briefed the council on the item.This is the second amendment for this site. The three main alterations to the site include an overall reduction in the manufactured home park size from 142 acres to 137 acres,a reduction in the total number of spaces from 756 to 739,and slight alterations in the layout in the area of the commercial acreage.The water feature has been pulled back down into the park itself.A number of spaces were lost when the commercial was extended down Goldfield Road.The Planning and Zoning Commission recommended approval unanimously.This ordinance will replace Ordinance No. 1027B and includes part of the language from that ordinance regarding the conditions. Vice Mayor Surra asked if this is the preliminary plan. Long Range Planner Kate Morris stated that was correct. Vice Mayor Surra commented then that they have not voted on a final plan for this project,as was stated earlier. Long Range Planner Kate Morris stated the finality of the approvals could be discussed on both sides since this is a second amendment request for this park.She added the lot sizes meet or exceed the minimum requirements,with setbacks and open spaces meeting the minimums. the preliminary plan. stated that was correct. Vice Mayor Surra asked if all of the ingresses are gated. Long Range Planner Kate Morris understood they were,either by card,keypad entry or gate house. Mayor Coleman asked the applicant to address the council. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 32 OF 42 Mr.Ralph Pew,10 W.Main Street, Mesa,addressed the council.He commented they concurred with the staff's recommendation and the commission's recommendation.He clarified his statement about the final plan that had been already approved.He urged the council's support of this amendment. Mayor Coleman opened the public hearing on this item. Mr.Howard Moore,3710 S.Goldfield Road #495,Apache Junction,addressed the council.He requested the council eliminate the walls or amend it to a short wall with decorative wrought iron on top,similar to the one at Sun Village.He is encouraged with the development of that property.He asked if Baseline Road would get finished south of the property. Long Range Planner Kate Morris stated it would get finished to the entrance of that property only. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He asked if this would be family housing or 55+ housing. Long Range Planner Kate Morris stated it would be 55+ housing. Mr.Elliott Fisher commented this would be a lot of 55+ housing with a "cushy",little commercial development to service that community.He added council may have to explain one day to other -55 people in the community that would like to have the same thing. Councilmember Durbala commented that when he is 55 and he wants a place to move into when his children are grown he hopes there are some available for him. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Eck asked if this parcel had been zoned TH. Development Services Director Larry Harmer stated the zoning has been intact since annexation from Pinal County. It had the planned development attached to it. Mayor Coleman closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 33 OF 42 Councilmember Durbala MOVED THAT ORDINANCE NO.1041 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Deputy City Clerk Janet Mason read the ordinance by title only. Councilmember Durbala MOVED THAT ORDINANCE NO.1041,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute recess. Mayor Coleman reconvened the meeting. PROPOSED ORDINANCE NO.1040/CASE PZ-98-02/ 150 N.OCOTILLO DRIVE,SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER )Long Range Planner Kate Morris briefed the council on this item.This portion represents part of a building permit application submitted in September 1997.The fire district noted that the original proposal would not allow sufficient turning radius for fire apparatus,and the widths were too narrow.This site plan redesigned was to correct those problems and allow accessibility to the fire hydrant nearby. The applicant is requesting a reduction in the total number of parking spaces. The building permit includes site improvements such as restriping and reorienting the parking lot and driveway flow,opening up the fire hydrants, putting in the buffer wall,preparing the utilities for the building pad, adjusting some lighting and increasing the landscaping.The permit for the new building will come at a later date.Staff recommends approval. Mayor Coleman stated this is an issue about the number of parking spaces. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 34 OF 42 Long Range Planner Kate Morris stated that was correct. Mayor Coleman asked if this was to allow for the fire department turnaround. Long Range Planner Kate Morris stated that was correct.The fire district has approved this plan. stated that was correct. allow for the fire department turnaround. address the council. Mayor Coleman asked the applicant to Mr.Michael Munion,564 N.Idaho, Apache Junction,addressed the council.He stated they concur with staff recommendations and he was willing to answer any questions. hearing on this item. Mayor Coleman opened the public Mr.Roger Bowser,3151 E.Des Moines,Mesa,addressed the council.He represented the Sundowner Mobile Home Park.He stated his comments would have nothing to do with the reduction of parking spaces;it concerned the wall. City Attorney Joel Stern interrupted to state that is not on the agenda and therefore would be in violation of state law if it were discussed. Mr.Roger Bowser stated he would not discuss the wall issue,he was just giving some history to the council to establish relevance. City Attorney Joel Stern advised to keep his comments to the parking issues. Mr.Roger Bowser stated his information may or may not be that.Both owners have had property line surveys done,with both concurring that all the property lines in this section are off 2 to 3 feet. Vice Mayor Surra asked if that would change the number of parking spaces. Mr.Roger Bowser stated he did not know. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 35 OF 42 Vice Mayor Surra stated she was not interested in the property lines unless it changed the number of parking spaces. Councilmember Durbala asked if they knew how much the property lines were off. Mr.Roger Bowser stated they have concurred on how much they are off.He added Mr.Selvy asked him to stop in and speak to the council as this issue makes conditions that will manifest themselves in the removal and the building of the walls discussed earlier. Vice Mayor Surra advised him to forget about the walls,she wanted to hear about the parking spaces.She asked him how the property lines would impact the parking spaces. Mr.Roger Bowser stated he did not know that it would. Vice Mayor Surra told him he did not have an issue before council. Councilmember Durbala stated he wanted to hear where the 3'line difference comes in.It may affect Ordinance No.971 and come into play here,affecting the parking spaces.He wants to hear what Mr.Bowser has to say about it. he could not tell them anything. them where the property lines will move. would like to know that. not on the agenda tonight. could affect the proposal in front of continuing this until they get better at the request of Mr.Selvy.He said REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 36 OF 42 Vice Mayor Surra commented he said Mr.Roger Bowser stated he can tell Councilmember Durbala stated he Vice Mayor Surra commented that is Councilmember Durbala stated it them. Vice Mayor Surra suggested information. Mr.Roger Bowser stated he was here if this is not the format where he can bring this up,he will retire.This could save his business a lot of money and alleviate the anxiety of both firms. Mr.Michael Munion stated Mr.Selvy did not ask Mr.Bowser to speak on his behalf,they support the staff recommendation. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There was no council discussion. Councilmember Eck MOVED THAT ORDINANCE NO.1040 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. Deputy City Clerk Janet Mason read the ordinance by title only. Councilmember Eck MOVED THAT ORDINANCE NO.1040,AS READ BY THE CITY CLERK,BE APPROVED. Vice Mayor Surra SECONDED THE MOTION. VOTE:4-1 (Councilmember Durbala voted in opposition.) The motion carried. PROPOSED ORDINANCE NO.1037/AM-2-98/CITY COUNCIL -INITIATED AMENDMENTS TO DEFINITIONS (SEC.5.0101)OF ZONING ORDINANCE )Associate Planner Rudy Esquivias briefed the council on this item.The changes include deleting existing definitions for uses and adding new,more comprehensive and up-to-date definitions for adult uses and definitions for development services director and zoning administrator.These are reflective of current case law.These are recommended for approval by staff and the commission. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 37 OF 42 City Attorney Joel Stern added this ordinance curtails into the regulatory ordinance which will be brought up at a different time. Mayor Coleman opened the public hearing on this item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1037 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. MOTION. VOTE:Unanimous. The motion carried. the ordinance by title only. Vice Mayor Surra SECONDED THE Deputy City Clerk Janet Mason read Councilmember Durbala MOVED THAT ORDINANCE NO.1037,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. CROSSROADS REDEVELOPMENT AREA DRAFT PLAN ) )Development Services Director Larry Harmer briefed the council on this item.He stated this is the next step to bring the plan up to compliance with state statute.The word changes and updates have been done to the 1996 plan.They crossed out the words referring to blight and slum.The advisory committee was given this for review,however,no comments by them have been received at this time.Staff is asking that this be referred to the planning and zoning commission again to review for conformity to the existing plan and that a public hearing be authorized for July 7,1998 to consider the adoption of the plan.Their consultant,Bob Logan,concurs with what they have done. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 38 OF 42 Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT AFTER REVIEW OF THE DRAFT CROSSROADS REDEVELOPMENT AREA PLAN,THAT THE AREA PLAN BE FORWARDED TO THE PLANNING AND ZONING COMMISSION TO REVIEW FOR ITS CONFORMITY TO THE CURRENT GENERAL PLAN;AND THAT A CITY COUNCIL PUBLIC HEARING BE AUTHORIZED FOR JULY 7,1998 TO CONSIDER THE ADOPTION OF THE PROPOSED CROSSROADS REDEVELOPMENT AREA PLAN. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. UTILIZATION OF BUILDING BEING VACATED BY SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER) )City Manager Curtis Shook briefed the council on this item.A layout has been devised for that building to have the Management Information Systems Department and the Human Resources Department located in it.Staff is requesting council approval to remodel the building in accordance with these changes with funds out of contingency. Councilmember Durbala thanked Management Assistant Bob Galloway for being there even though he got to say nothing. Vice Mayor Surra stated the plan makes good use of that structure.She thinks it should be put into effect as soon as possible.She requested to make the motion.Vice Mayor Surra MOVED THAT AUTHORIZATION BE GIVEN TO PROCEED WITH THE USE OF FY 97-98 CONTINGENCY FUNDS FOR THE REMODELING OF THE BUILDING BEING VACATED BY SUPERSTITION MOUNTAIN MENTAL HEALTH IN THE CITY COMPLEX IN AN AMOUNT NOT TO EXCEED $18,000. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 39 OF 42 PROCEDURES FOR CONSIDERATION OF EXTENSION OF PREMISES/PATIO PERMITS SUBMITTED BY IN -CITY LIQUOR LICENSE ESTABLISHMENTS ) )City Manager Curtis Shook briefed the council on the item.He stated this is a request by the city clerk recommending that extension of premises/patio permits come before the city council for a public hearing and action. City Attorney Joel Stern added prior to this it was an adminstrative function with the city clerk and the department of public safety signing off on them.Liquor Board policy has changed to where the city would be the authorizing agent.Staff is asking that they come before council as a result. Vice Mayor Surra stated these would be for special events. Deputy City Clerk Janet Mason stated it may be for a special event and it would normally not last more than a few days.These permits are for those that already have their own liquor license. She stated the liquor department does have a special event liquor license,but it is for people who do not have a liquor license. City Attorney Joel Stern commented he believes the state calls the latter temporary permits rather than special event permits,and they are for a limited amount of time for a type of event that is desired. Councilmember Durbala asked if they went under R-19-1.244. City Attorney Joel Stern stated he does not have that section memorized.This is a regulation that had to be put in place by the liquor department pursuant to A.R.S.§ 4-244. Mayor Coleman closed the discussion and called for a motion. Councilmember Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROCEDURES FOR CONSIDERATION OF EXTENSION OF PREMISES/PATIO PERMITS SUBMITTED BY IN -CITY LIQUOR LICENSE ESTABLISHMENTS:BE THAT REQUESTS FOR EXTENSION OF PREMISES/PATIO PERMITS GO BEFORE CITY COUNCIL FOR PUBLIC HEARING AND ACTION. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 40 OF 42 ACCEPTED THIS 21ST COUNCIL OF THE CITY 0 SIGNED AND ATTESTED ATTEST: faitrffNittfy City Clerk The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES EXECUTIVE SESSION AT 6:00 P.M MONDAY,JUNE 15,1998,IN THE RESPECTIVELY; AND THAT AN EXECUTIVE SESSION THE CITY CONFERENCE CENTER. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Vice Mayor Surra MOVED THAT AN .AND WORK SESSION AT 7:00 P.M.BE HELD ON CITY CONFERENCE CENTER AND CITY COUNCIL CHAMBERS BE HELD AT 6:00 P.M.,TUESDAY,JUNE 16,1998,IN Councilmember Urich SECONDED THE )Mayor Coleman adjourned the meeting at 10:48 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of May 19,1998. DAY OF JULY ,1998,BY THE MAYOR AND CITY CITY OF APACHE JUNCTION,ARIZONA. TO THIS 22ND DAY OF REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 41 OF 42 JULY L I DOUGLA Mayor ,1998. 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 June,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of July,1998. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 2,1998 PAGE 42 OF 42