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HomeMy WebLinkAbout1998-02-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 17,1998 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 17,1998,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 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Durbala led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember Durbala Councilmember McClain Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Services Director Larry Harmer Captain Dan Scott Community Outreach Coordinator Patrick Brenner Others Present:Associate Planner Rudy Esquivias Long Range Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT WE RECOGNIZE THE OUTSTANDING REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 1 OF 40 SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:THE APACHE JUNCTION POLICE DEPARTMENT,SPECIFICALLY OFFICER HOWARD WILLIAMS AND OFFICER JIM TROUT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Parks & Recreation Director Jeff Bell gave a presentation on a proposed aquatic center.He stated Dr.Sutter would like to locate an aquatic center at the new middle school and has committed some funding for the project.Dr. Sutter is encouraging the city to look for resources to match their funds, possibly through grants.Mayor Coleman asked if the current center would be revamped.Parks & Recreation Director Jeff Bell stated that had been discussed.Councilmember Eck stated he believed the city needs a new aquatic center and it should be started as soon as possible.General discussion brought forth that there are no designs at this time.City Manager Curtis Shook stated they have talked about the timing with the school district,and he believed this center will be addressed at the town hall in April.I t is possible it can be part of a capital facilities plan.Councilmember Durbala asked that this be rescheduled for a work session where Dr.Sutter could be in attendance.City Manager Curtis Shook stated that could be arranged. County Supervisor Sandie Smith and County Manager Stan Griffis gave a presentation on the closure of Lost Dutchman Boulevard.County Supervisor Sandie Smith stated the road would have to be closed,the question was where it should be closed.County Manager Stan Griffis then briefed the council on the area and where the road could be closed.The county would like to close the road on the east side of Mountain View and put up a directional sign near the Dash Inn to advise the route to the lakes.The closure at Mountain View would prevent any bottlenecks.Vice Mayor Surra asked what the cost would be to the city.County Manager Stan Griffis stated the county would be absorbing all the costs.He added they have had two public hearings on this and have had very few objections to the closure,and the fire district had stated they do not use that route.Councilmember Urich asked what the objections were. County Manager Stan Griffis stated some people would prefer it to go straight up Lost Dutchman Boulevard,but he believes 99.9% of the people believed i t should be closed.There was only one objection.There should not be any more traffic than is already there as i t is essentially built out on all lots that could be built on.Councilmember Durbala asked the city attorney if this will require a council vote.City Attorney Joel Stern stated if the council wishes to vote on it,this should be brought back as a public hearing on the agenda. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 2 OF 40 Mr.Ron Ewing of URS Greiner gave a preliminary report and presentation on the landfill expansion study.He stated they had received a request several months ago from the city to prepare a proposal to study the impact of the proposed landfill expansion.He stated there are two portions of the landfill:the original 40 acres and the expansion area of approximately 88 acres.Originally the 40 acres was used as a local dump,and the county took over the land in 1971.They sold the landfill to the Apache Junction Landfill Corporation,a subsidiary of Allied Waste Industries in 1993.The landfill is currently about 85'in height.The expansion area surrounds the original 40 acres.The three main issues they looked at were the development impact of expanding the landfill,the landfill operation,and the environmental impacts. Mr.John Egan of Woodward Clyde stated they projected that the population would increase by about 14,000 people by the year 2010,and they estimate the greatest increase will be between 2010 and 2020 when they project a growth of approximately 50,000 people.They looked at five issues regarding the development impacts:current and future land uses;the city boundaries; development conditions;zoning issues;and value.The current land use is as a landfill,and the future use will be determined by council action.The city boundaries are already over the landfill.The development condition depends on the rezoning.State Land had required them to leave 150'buffer on their land where no refuse could be placed.The city must approve the rezoning in order for the landfill to expand.The city would have more control over what happens in the landfill if it gives the landfill the rezoning.There are no ADEQ requirements as to height,the finished grade,the vegetation or site slopes.They only regulate stability.He commented the appraiser does not believe the landfill will have an effect on adjacent property values.This is based on what has happened with other landfills in other areas. Mr.Ron Ewing added they had looked at traffic as an issue.The latest traffic study for Tomahawk showed 2,400 vehicles per day,well below the average of 10,000 to 20,000 per day on a two lane road.The average number of vehicles going into the landfill is approximately 150 per day.About 100 of those are dump trucks or other heavy vehicles,and from an engineering standpoint i t is not uncommon to have 5-10% of the daily traffic be heavy vehicles. Mr.John Egan stated they also looked into the issue of odor.They inspected the landfill twice,once with Allied and once unannounced.In both cases they observed no odor.This showed it was covered properly.He commented they arrived unannounced one day and saw a small amount of waste piled up against a fence,which had apparently been blown there after a recent windstorm,and Allied already had a crew on it cleaning it up.The landfill currently can accept standard household and municipal refuse;construction debris;dead animals;nonfriable asbestos -containing materials;petroleum contaminated soils up to a total petroleum hydrocarbon level of 5,000;incinerator ash; water and wastewater sludges;and other wastes that have been accepted with ADEQ approval.There are approximately 10 wells within two -and -a -half miles REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 3 OF 40 of the landfill.The groundwater depth is 520'as an average,and State Land owns all the area surrounding the landfill,so they would act as a buffer.He stated regarding closure issues,there is no height restrictions if it closed right now.They would have to put on a stable cap and they would not have to provide an aesthetic landscape.Allied is proposing to line the landfill and depress it into the ground.With controlled zoning,they can regulate the height of the landfill and call for a more gradual side slope.The environmental impacts include waste and contamination issues,groundwater, weather,leachate soils,gas production,methane and gas monitoring,wetlands, 100 year flood plain and threatening endangered species.He commented all landfills in the U.S.are somewhat contaminated.They did not do any new invasive studies,just research.It was found that Allied applied for a waiver on groundwater monitoring by ADEQ,and in order to get a waiver they had to convince ADEQ that contaminants will not leach into the aquafir in a reasonable period of time.The waiver was given and this landfill does not need to be groundwater monitored.The water quality from the nearest well has just been received but they do not have an opinion on that;,he will have it ready at the next meeting.The weather can blow trash,but the rainfall is light in this area negating the rain issue.The groundwater flow is away from the landfill across state lands to the south southwest.Leachate is produced by water percolating through the landfill mass and generating a material that will migrate through the landfill.Every landfill generates its own leachate level,and i t is determined by the amount of water in the landfill and the permeability of the underlying soil.The soils in this area have a very low permeability,allowing very little water to pass and reducing the amount of impact of leachate.He gave a brief process on how methane gas and carbon dioxide are produced in a landfill.Methane gas monitoring is required by the landfill.ADEQ requested Allied to place gas monitoring wells around the perimeter of the landfill,and they are now in place.The monitoring wells are showing that no methane is escaping out towards the perimeter of the landfill.He does not believe any part of the landfill site will be determined to be in a wetland.The 100 year flood plain is adjacent and encroaching the landfill.He stated the solid waste firm is required to design the landfill to prevent the impact of the 100 year flood.There are some endangered species in the area,and they will have to show what the impact will be on those species.He commented there are no airport runways near the landfill,there are no ground faults within a half mile of the landfill,nor are there any grandfather irrigation rights in the area.They are very close to a seismic impact zone and the designers will have to look closely at that.There are earth faults and fissures in the area,and the nearest fissure is 12,000'from the landfill in the area of Baseline and Meridian.The fissures are caused by subsidence and groundwater pumping. Some of the wells have gone down in the area,causing the land to subside. This is a major fissure which could damage some of the highways out here.He researched the ADEQ file and found the earliest complaint on the landfill to be a newspaper article describing how it was burning in 1968 and the smoke was bothering the populace.There have been as many as 30 violations over the lifetime of the landfill.It was classified as a sanitary landfill in 1973, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 4 OF 40 but ADEQ thought it was too steep.In 1980 they were still burning,and they added septic pumping in that decade.They were salvaging in 1984,which they are not allowed to do.They were written up in 1994 for daily cover up,and there is a compliance order by ADEQ in 1997 requiring a methane monitoring system to be put in,which has been done.There was another daily cover violation for litter,erosion of some of the site and burial of waste tires which was very recent.He stated his company put advertisements in the paper to get a response from the public on the landfill. Mr.Ron Ewing stated they got an excellent response of 72 from the public. Fifty-nine were opposed to the expansion and thirteen were in favor.The primary concern was the heavy truck traffic,followed by the impact on land values.Another was the landfill becoming a dumping ground for the valley. Others were concerned with groundwater pollution,odor,visual aesthetic issues,noise,and rats.Most of the latter issues occur with a large, exposed face and the current landfill does not have a large,exposed face. One person was concerned about gas,and another was concerned about potential birth defects from pollution.Summarizing,they looked at the differing issues concerning the impact of the expansion of the facility.Based on studies of other landfills in the area,there is no factual information showing the property value will be effected.Based on their findings on traffic,they find there would be no more heavy vehicles on Tomahawk than i t is currently experiencing.Regarding environmental impacts,there needs to be migration in order for there to be pollution from the core area via gas or water movement,and neither condition is likely due to a number of factors. Mr.John Egan stated the average evaporation rate in Apache Junction is 70" per year,and the area generally only gets 9+"of rain per year. Mr.Ron Ewing stated they will be providing a written summary in addition to the graphics. Mayor Coleman asked if the line on the map showed where the current expansion would go to. Mr.Ron Ewing stated that was correct.A dirt access road runs around the perimeter fence. Mayor Coleman asked if the questionaire asked the public if they were in favor or opposed to the landfill expansion,or anything about their rates possibly tripling if the landfill closed. Mr.Ron Ewing stated they simply asked for their comments on the expansion on the landfill.The article along with the questionaire stated they were interested in whether the respondent was in favor,opposed,and the issues involved if they were opposed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 5 OF 40 Councilmember Durbala asked if the responses were broken down as to where the respondents lived,whether city residents or otherwise. Mr.Ron Ewing stated that was something they could look at,though he estimates there are only about two-thirds that have addresses,and some only had first names.They could plot those with addresses. Councilmember Durbala asked how many e -mails they had. An assistant to Mr.Ewing stated they had 4 e -mails. Mr.John Egan stated the bulk of them had Apache Junction addresses. Councilmember Durbala stated he was curious as to whether those concerned about the traffic also lived down by the landfill. Mr.John Egan commented a park owner near the landfill was interviewed and stated she was not concerned about the landfill;she was concerned about the industrial activity going on next to it. CALL TO THE PUBLIC Mrs.Mary Warga,1665 S.Meridian Drive,Apache Junction,addressed the council regarding market days and the inability to get the number of signatures required on petitions for recall.She stated there are rumors that Vice Mayor Surra has a vested interest in an RV park,and that is why market days is being pushed.She stated the rumor could have been cleared up if campaign filings were available upon request instead of having to wait for weeks for them.She warned that if the rumor is true,the vice mayor should not vote on the issue due to conflict of interest.She then voiced her displeasure that she would have to request in writing the number of signatures required on a recall petition for councilmembers.She believes she should be able to receive it on a verbal request.She commented that the procedure may be an attempt to harass and initimidate citizens from filing a recall,and stated it would also be easy to harass and intimidate their children in school.She added the city appears to want to operate out of a "black box"to frighten the citizenry into doing what the council wishes them to do,and stated she is not afraid of them,nor for her children,as there are laws to protect her.She stated she is requesting in writing the signature count to recall each member of council. Mr.Don Sweringa,12709 N.114th Place,Scottsdale,a representative of Allied Waste,addressed the council regarding the presentation given by URS Greiner. He commented they are pleased with the process the city has used in the landfill expansion.He stated they would be available for any assistance needed in the future on the process.He thanked them for their attentiveness during the hearing that night.He commented they found it very useful,and hoped the council did,too. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 6 OF 40 CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE,MARCH 21,1998,FOR THE PUEBLO HOMEOWNERS ASSOCIATION )Councilmember Urich declared a possible conflict of interest on this item and stated she would not be participating in the discussion or the vote. City Clerk Kathleen Connelly briefed the council on the item.This is for a fund raiser for park residents only. This is for one night only,and they have been notified of the hearing tonight with their presence requested. Ms Beverly Brown,representing the Pueblo Homeowners Association,addressed the council.She stated she had no further comment and would answer any of their questions. Mayor Coleman called for any questions from council.There being none,he opened the public hearing on the item. Mr.Jay Browan,1208 E.Piaute, Phoenix,asked what the fund raiser was for. Ms Beverly Brown stated they are a small park with no money set aside for any activities.They are raising funds to support any activities they want to do. Mayor Coleman closed the public hearing and called for further discussion from the council.There being none, he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE PUEBLO HOMEOWNERS ASSOCIATION FOR A FUND RAISER,NOT OPEN TO THE PUBLIC,ON MARCH 21, 1998,BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilmember Insalaco SECONDED THE MOTION. VOTE:6-0-1 (Councilmember Urich abstained due to conflict of interest.) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 7 OF 40 The motion carried. minute recess. meeting. Mayor Coleman called for a ten Mayor Coleman reconvened the PROPOSED ORDINANCE NO.1027/PZ-97-30, SUPERSTITION FALLS PLANNED DEVELOPMENT AMENDMENT REQUEST )Long Range Planner Kate Morris briefed the council on the item.The development is at Goldfield Road and Baseline Avenue.There was a large number of the public commenting on this project at the planning and zoning commission concerning the impact of the development on Golden Vista and on the view of the mountains for residents west of the proposed development.They were also concerned with the traffic on Goldfield and how the additional traffic would be accommodated on Goldfield and Baseline.Staff reports show that the park meets or slightly exceeds all minimum requirements for this type of development.This is a proposed rental park,age restricted.It is not a subdivision.There are nine conditions suggested for approval in the ordinance.These conditions are suggested to try to improve and assure a quality development at this location.They are aesthetic,such as requiring landscaping to be done in compliance with Ordinance No.940;the exterior finish to be stucco;tile roofs;diversity in the color palette;having clear cut,large expanses of ground;and minimizing the disturbance to the property,such as requiring the use of native plant salvage techniques,application of revegetation,seed mix to any kind of exposed earthwork to complete drainage patterns.There can be no at risk grading prior to approval of a grading plan.The northwest part of the property has not been included as part of the park proposal.The applicant is indicating a desire to rezone this to a commercial property,which would require a rezoning.The final form of the proposed property shows it to be about 15± acres,with the developed area being about 142± acres.There has been discussion about the proposed commercial area being expanded. Mayor Coleman called for any discussion on the item.There being none,he asked the applicant if he wished to speak. Mr.Ralph Pew,10 W.Main Street, Mesa,addressed the council.He commented Jay Kyper from Friesland Holdings L.L.C.and Gary Pike,the engineer,were in the audience to answer any difficult questions.He gave a brief history on the parcel,which was originally zoned by the county for a 1,886 space RV subdivision in 1985.It was annexed by the city in 1995 with comparable zoning.The current request is for a 756 unit manufactured home park with leased spaces.They are proposing age restricted housing with one owner to manage the common areas and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 8 OF 40 amenities.The minimum lot size will be 4,000 sq.ft.,with over 60% of them being in excess of 4,800 sq.ft.They will have a 17,000 sq.ft.recreational facility,associated swimming pools,spa,sauna,shuffleboard and other recreational activities.They have designed their landscaping package and have included the maintenance of the washes to meet the requirements.They believe this project is an upgrade from what it was originally intended to be and what is already in place.They believe the northwest corner will be an important commercial corner to the community and they want it to be zoned commercial.They will file for that rezoning before March 25,and hope to expand that site from 15 acres to 21 acres,allowing more commercial on the freeway frontage and on Goldfield.He stated if council passes the amendment as it is offered tonight,they will file the expanded version of the commercial rezoning.This involves the entry being moved southeasterly,the southern line of the commercial site would be moved down slightly to pick up the extra 6 acres.The applicant has made contact with possible users of the site,including a theater operator,a gasoline station,and have made initial inquiries into a large "box"type user such as Home Depot,but there has not been a response from that business.They are committed to a commercial development at that site.They are only days away from filing the commercial rezoning application on the commercial acreage and amending this plan to change the additional acreage to commercial.He stated he understood the concerns about an age restricted community,but they believe this would be more beneficial to the city as it would be under the control of very experienced operators instead of a subdivision with no age restriction.He stated they agree to the stipulations provided in the staff report.However, he wanted to clarify stipulation five.It states the homes shall have a stucco finish and tile roof treatment.He asked that be amended by adding "approved by HUD and applied by manufacturer at the factory"at the end.He stated it is difficult to put the stucco on at the factory,ship it out here and have it weather the travel without cracking or being damaged.As a result,the manufacturer has developed a treatment that has the appearance of stucco which would meet the standards of HUD.He believes the major issues raised by Golden Vista residents are traffic and visibility.He stated they will improve Goldfield Road to its fullest extent as required by the ordinance.They will widen and improve it to handle the traffic that will be on that site,likewise Baseline.Regarding visibility,their use of single story homes will be the least obtrusive use that could occur here,as two story site built homes would obstruct the view more,as would a large commercial complex.Their line of sight drawings show that an individual standing in his backyard at Golden Vista will not have an impaired view.They just would not be able to see across a vacant parcel.He urged the council to support their project. Councilmember Durbala asked if the sample they were given is the type of finish that would be on the exterior. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 9 OF 40 Ottawa,Illinois,stated he believed for the exterior finish. would be a new preliminary plan with not.They are asking the council to they are making some changes. Mr.Gary Pike,1002 Illinois Avenue, that may be the product they would have Councilmember Urich asked if there all of the changes represented on it. Mr.Ralph Pew stated there would vote on the plan tonight. Councilmember Urich pointed out that Mr.Ralph Pew stated they are recognizing that council wishes to see as much commercial as possible at this location,so they are trying to add 6 acres to the commercial.When that change is brought to the council,they will have to apply for a commercial rezoning and request an amendment to this plan if it is approved tonight. Councilmember McClain asked if they have very many buyers who request the tile and the stucco. Mr.Ralph Pew stated they believe the tile and stucco treatment is a request made by the staff in the staff report as they perceive a feeling in the community.They believe it will make the project appear better at this location.The developer has not had buyers who have requested it.He commented it is very unusual to have tile and stucco on this type of unit.They are willing to do it with some reservation. He stated if it is critical to the councilmembers,they will do it.I f council does not believe i t is needed,they will build with the standard finishes. Councilmember McClain asked how large a variety of colors and finishes will be given to the buyers.She commented the council would like to see a variety. Mr.Ralph Pew stated there will be a minimum of three color finishes. Councilmember McClain stated she meant other than stucco. Mr.Ralph Pew stated there are various types of vinyl siding that can be applied and various types of roofing materials.They would have more flexibility with these materials than they would with the stucco. Councilmember McClain asked if they had any samples with them. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 10 OF 40 Mr.Ralph Pew stated they have some pictures,but no phyical samples. Mr.Gary Pike passed around a photograph of the vinyl siding and commented the color availability they would find on the chips.There are more color combinations when you consider the vinyl siding and the trim used on the vinyl homes. Councilmember Insalaco stated he liked the vinyl siding,and he believed it would be easier to maintain.He commented if he lived in the area,he would prefer to see 756 homes across from him than the original 1,800. Mr.Ralph Pew stated he hoped the residents to the west of the project feel that way.He reiterated they had agreed to the stucco and tile out of a perceived concern of the community, however,if the council prefers the wider variety of treatments,they will do that. Councilmember Durbala asked if the information on the front fountain had been brought to the meeting. Mr.Ralph Pew stated they would prefer to build the project with the fountain in the front as designed.I t will provide a quality entry. Councilmember Durbala commented they were supposed to bring information on the size and dimensions. Mr.Gary Pike stated there will be water features on each side of the road.One will be 7,400 sq.ft.,the other 6,000 sq.ft.The height of the waterfalls will be around 15'to 20'in maximum,and will use approximately the same amount of water as 6 to 10 homes. It would add about 1% to the water use in the community.They have not designed them as of yet,and intend to have the designer make them in such a way where they will be attractive even if the water has to be turned off. Mr.Ralph Pew added the water feature would be visible at the turn of the freeway. Councilmember Durbala asked why the additional commercial acreage and rezoning had not been included tonight as had been previously requested. Mr.Ralph Pew stated they had attempted to file it by tonight but they have been unable to get the necessary addresses and information on the adjoining property owners to submit i t for a complete package.The application had been signed by the owner's REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 11 OF 40 representative.The expansion of the commercial area was just discussed today and they only have a preliminary site plan at this time. Councilmember Durbala asked how many lots would be lost due to the expanded commercial site. Mr.Ralph Pew stated they would lose between 8 and 10 lots. Councilmember Durbala asked if they would be making some lots smaller to account for the loss. Mr.Ralph Pew stated they would not make any lots smaller.They would just be losing the lots. A number of councilmembers commented they were glad to here that. Councilmember McClain added she liked their amenities,as they were giving a lot more than just a half basketball court. Mr.Ralph Pew commented he believes it is well designed and the managers are very experienced. Councilmember McClain commented it looked like a beautiful concept. Councilmember Urich stated she was concerned about the tile roofs.She asked if they had considered something other than tile roofs. Mr.Ralph Pew stated they have and they would like to do something other than tile,but it would be the council's preference as to what they would use.If they do not use tile,they will have a broader number of different styles and roof colors to use.They will only have three colors of tile to be varied throughout the project. Councilmember Urich commented she had seen a development elsewhere where they had turned the tiles to create a different pattern.To her it appeared monotonous as the colors were similar. Councilmember Eck commented he thought the stucco and tile would create a better quality home.He now wonders if the the quality would still be there with a nice vinyl siding. Mr.Ralph Pew stated the quality of the vinyl siding can be equal to or better than the stucco. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 12 OF 40 Mr.Gary Pike stated he does not believe it would be a good idea to mix vinyl siding and stucco in the project. It should be all of one type or the other. Vice Mayor Surra commented the reason for requesting a certain type of exterior finish is also to maintain the atmosphere that has been created in the rural lifestyle.The stucco and tile add to the southwestern look.When she looks at the vinyl siding,i t reminds her of New England and she was not sure it that would fit in with the area.She would like to see some renderings matching the landscaping and appearance as it would be in this area;that may lay some of these feelings to rest. Mr.Ralph Pew stated they can provide the materials given to them,but it would be a massive undertaking to show renderings on how the project would appear in this area due to the number of units.He would prefer them to focus on the water feature,the landscape treatments,the land use to the west and determine if this would blend in with what is already in the area.He believes the stucco and tile may clash with what is already there. thought i t looked very nice,and in her about the maintenance and repair of the vinyl siding would hurt this community. want the siding. acres would be rezoned to commercial. 21.08 acres. Councilmember McClain stated she business she has people complaining stucco.She does not believe the She also believes the buyers will Councilmember Durbala asked how many Mr.Ralph Pew stated it would be Councilmember Durbala asked if they could take out the stucco and replace it with multiple color schemes for the manufactured home units. Mr.Ralph Pew stated he could take some time to come up with another stipulation based on something other than stucco wall as there have been other comments from the public.He added there would have to be some clarification. Councilmember Durbala stated they would also have to change Stipulation #8 regarding the tile roof treatment. He believed it could just be changed to roofing. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 13 OF 40 Mr.Ralph Pew commented that stipulation states about the color of the roof treatment,it does not mention tile. Councilmember Durbala stated the revised stipulation does mention tile.He suggested they change it to read the roof instead of the tile. City Attorney Joel Stern asked if the applicant would be willing to move up the time of filing for the commercial rezoning. Mr.Ralph Pew stated they would be willing and could possibly be ready in a week to ten days to file for the rezoning. definite date. it by the first business day of March. commented that would be March 2. that would be acceptable to the applicant. acceptable. hearing on the item. City Attorney Joel Stern asked for a Mr.Ralph Pew stated they could do Councilmembers McClain and Durbala City Attorney Joel Stern asked if Mr.Ralph Pew stated that would be Mayor Coleman opened the public Mr.Rick Gardner,685 W.Tepee, Apache Junction,addressed the council.He stated he was at the last general plan update meeting where a gentleman drew a perimeter line around a piece of property and commented that it would be a good location for a supermall.A councilmember overheard it and stated that is where 756 manufactured homes would be going in,as if it was a fact already accomplished.He did not say anything at the time,but he was upset with the statement.He is not against senior citizens,but if they are trying to put Apache Junction on the map as a diverse community,we should think more about family homes.He added if they are talking about putting Silvercrest units,the Cadillac of manufactured homes,on rental property,some ugly scenarios could occur.Rental costs could be raised enough to where the owner could no longer afford to maintain their home.This would force the owner to either sell their home,possibly at a net loss,or move it to another available location,costing the owner REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 14 OF 40 additional for having to move and possibly buy land.He stated he would like to see them put some teeth into the stipulations to prevent them from pricing the people out of their homes.He added senior citizens do not generally welcome children.If one of the families might have to have grandchildren move in with them for some reason,the neighbors would be against it.He believed there should be some assurance that these people would be protected against eviction.He added he would stand by what the council approved,but he considered stucco and tile wrong for the area.The Silvercrest is known for its New England look and it would blend in. Mr.Robert Head,#29 Golden Vista, Apache Junction,addressed the council.He stated approximately 40 to 60 of the families living in the 1,075 lot Golden Vista park are year round residents.Many of them attended the planning meeting and heard a number of comments about the Superstition Falls presentation.It appeared many of the planning committee were opposed to the age restricted park.He urged them to consider the other side of this.Their park is age restricted and they spend a lot of money in Apache Junction and pay taxes there.They use some of the services.They realize the area to their east will not remain as i t is now. They would prefer to see a public park there,a golf course or low level manufactured homes.He was surprised to learn that a larger portion of the northwest corner is to become commercial.They would not like to see a Home Depot or a Home Base or a theater there.He queried why the commercial development could not be on the northeast corner of the park.The proposed site will cause traffic congestion.If the commercial development was on Mountain View,it would not be affecting residential development already in place.In regards to the roofing,he would prefer to see tile roofs than gray,asphalt shingles.He urged council to consider the commercial site.He commented the development proposed tonight is more preferable to him than any multi -family home development,and he supports it. Mr.Ray Behrman,3710 S.Goldfield #50,Apache Junction,withdrew his request to speak,stating Mr.Head had already expressed his opinion. Ms.Wanda Sonnentag,3710 S. Goldfield Road,Apache Junction,addressed the council.She asked if anyone was giving any thought to the commercial part being low buildings so it would not look so awful going down the freeway.She is more worried about what will be in the commercial area than what will be in the subdivision. Mr.Jay Browan,property manager of Golden Vista RV Resort,addressed the council.He commented they are more concerned about how this will look 5 to 10 years down the road.The stucco home with tile roof at 10 years old still looks like a 1 year old home.The manufactured home developments generally look their age.He also disagreed that they have more control because they are the owners.He manages homeowners associations for a living,and the board decides what needs to be REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 15 OF 40 done and they make a special assessment.The homeowner does not have the option,they have to replace the roof.There is the possibility of the company ten years down the road not having the financial ability to fix the roofs as they need to be done.He commented he is not against this subdivision and prefers something like this going in there if something has to go in.He believes the stucco and tile roofs will give it a southwestern appearance and will make it look richer,which should enhance the value of Golden Vista.The homes going in are top quality,and he urged council to reconsider the stucco exterior as he lives in a stucco home and there is very low maintenance on it.He added a tile roof can go 35 to 40 years before it has to be replaced,whereas a shingle roof has to be replaced every 8 to 9 years.He feels the southwestern look will enhance that property and the properties around it.He finished by saying he is concerned about any repairs being done when the park will be owned by someone out of state and there is no homeowners association to make sure repairs are done. Mr.Harold Jacob,3710 S.Goldfield,Apache Junction,addressed the council. He is concerned with the commercial property on the northwest corner of the development.He believes it will create a traffic problem.He would prefer all the commercial properties to stay in the area of Apache Trail. Mr.Gary Able,Lot #491 in Golden Vista,Apache Junction,addressed the council.When he originally purchased his lot,he had been told there would be a golf course going in across from him.He stated he had received a brochure on the expansion that will be going in and it sounds pretty good to him,but he is concerned with the possible loss of his view.He paid a premium price for his lot in order for him to have that view.His lot is adjacent to the commercial area and he is fearful of having a movie theater or some other commercial venture built there,and that would be devastating to him.He urged council to consider what effect the commercial development will have on the current residents. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.He asked the city attorney if the city has any recourse if the native vegetation is not salvaged. City Attorney Joel Stern stated there could be some legal maneuvers that could take place if it is not done. Mayor Coleman asked if the city would be protected. City Attorney Joel Stern stated the city would be protected. Councilmember Insalaco stated the area has primarily scrub brush;there are not many palo verdes and cacti. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 16 OF 40 Long Range Planner Kate Morris stated the salvaging could be set up to where it has to be done before grading is permitted.They can do them before landscaping and retention areas are developed. Mayor Coleman commented the city does not have a city property tax,therefore,the city relies very heavily on city sales tax.Commercial becomes a very important part of that when you are adding 1,500 people to the population so that police,roads and the library are paid for.He looks for a balance between residential and commercial,and he would not be able to support abandoning the commercial aspect of this plan. The commercial property has not been discussed because it is not a part of the process tonight,only the stipulation that part of it be reserved for commercial. Councilmember McClain asked if Mr. Pew was going to address the citizen's concerns. Mr.Ralph Pew stated the concerns are genuine,however,the age restriction is regulated under federal guidelines and they wish to operate the park under those guidelines.He commented the mayor addressed the commercial corner very clearly and i t is unfortunate that some perceive it as an inconvenience and change in their lifestyle;they will try to design it to be as least obtrusive as possible. Regarding rent control,the owner wants to have a successful park,which cannot be achieved if you raise the rents to where the tenants are disgruntled and leave.He commented he had some suggestive language for the stipulations regarding stucco versus siding. Councilmember Durbala asked to hear the suggestions. Mr.Ralph Pew suggested that stipulation one remain the same,stipulation two needs to be changed to read "The construction,placement and installation of manufactured homes within this project shall comply with the federal HUD building standards.All other improvements to the project,including the clubhouse and other on site construction,shall comply with the Uniform Building Code and all other applicable standards adopted by the City of Apache Junction."They believe it is important to clarify which standards apply to which unit. Councilmember Durbala stated that would be no change from their copy. Mayor Coleman stated i t is already in the ordinance. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 17 OF 40 Mr.Ralph Pew commented he did not know it had already been incorporated into the ordinance.He asked if there were any other changes. There being no further discussion, Councilmember Durbala MOVED THAT ORDINANCE NO.1027 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. Vice Mayor Surra stated she was not prepared for this to remain on the agenda for a vote today.She thinks there are a lot of unanswered questions and would prefer to have this back and see the commercial plan at the same time.She is concerned about bringing this to a vote today and at this time she would have to vote no.She realized this would cause the entire ordinance to be read but she is not prepared to vote on this today. Councilmember McClain asked who would have to read the ordinance. Councilmember Durbala stated it would Kathy Connelly. Vice Mayor Surra stated she would not make the whole ordinance be read,but she is not prepared for it to go to vote. City Clerk Kathleen Connelly clarified that the vice mayor's vote would be changed to a yes vote for this motion. Vice Mayor Surra changed it to a yes vote so that the ordinance would not have to be read. VOTE:Unanimous. The motion carried. the ordinance by title only. motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 18 OF 40 City Clerk Kathleen Connelly read Mayor Coleman called for the main City Attorney Joel Stern commented there might be a concern if the commercial application was filed at the same time.He believed Mr.Pew might have an additional comment. Mr.Ralph Pew stated they would agree that the application for commercial rezoning be done at the same time as an amendment to this planned development. City Attorney Joel Stern asked for language for stipulation four that the applicant would find acceptable. Mr.Ralph Pew suggested it be changed to "an application requesting the rezoning of 21± acres from TH/PD to a commercial by planned development designation,and an amendment to the TH/PD adopted under this ordinance".The rest could stay the same except the date at the end should be changed to March 2,1998. Councilmember Durbala MOVED THAT ORDINANCE NO.1027,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:UNDER THE CONDITIONS,CONDITION ONE THE SAME; CONDITION TWO SAME;CONDITION THREE;CONDITION FOUR "AN APPLICANT REQUESTING THE REZONING OF THE 21.08 ACRES PLUS OR MINUS FROM TH/PD TO A COMMERCIAL PLANNED DEVELOPMENT DESIGNATION AND AMENDED TO THE TH/PD ADOPTED UNDER THE ORDINANCE LOCATED AT THE NORTHWEST CORNER OF THE PROJECT,IDENTIFIED AS NOT A PART OF THE CONCEPTUAL PLAN SHALL BE SUBMITTED TO THE DEVELOPMENT SERVICES NO LATER THAN MARCH 2,1998";UNDER STIPULATION FIVE,THE SAME;UNDER STIPULATION SIX,TO CROSS OUT THIRD LINE WHERE IT SAYS "AT LEAST THREE DIFFERENT COLORS OF EXTERIOR STUCCO FINISH",PUT IN "MULTIPLE COLOR SCHEMES";ON NUMBER EIGHT, SECOND LINE,TAKE OUT WHERE IT SAYS "TILE",JUST DELETE "TILE",THEN IT WOULD SAY "THE ROOF TREATMENT";AND GO BACK TO NUMBER FIVE AND TAKE OUT "STUCCO FINISH" AND "TILE"ON NUMBER FIVE. Vice Mayor Surra suggested they continue this to another meeting so that this can be all in writing and that they have a more stable motion on the table.She is not sure they are all ready to make a decision on this. finds it very confusing. could vote on it. someone had to second the motion. MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 19 OF 40 Councilmember Urich commented she Councilmember Durbala asked if they City Attorney Joel Stern commented Councilmember McClain SECONDED THE There was general discussion as to whether Vice Mayor Surra was adding a second motion or an amendment to the motion. City Attorney Joel Stern stated they should vote on the ordinance as Councilmember Durbala amended it. Vice Mayor Surra stated she was not amending his motion,she is asking to continue this to another meeting.She does not feel his motion is stable in their understanding. City Attorney Joel Stern stated he believed the vote should be called for as it had been seconded. Councilmember McClain asked if these issues would come back since this is a planned development. all of the issues would come back. commercial issues would come back. City Attorney Joel Stern stated not Councilmember Durbala stated the Development Services Director Larry Harmer stated not all of it would have to come back as in stipulation four the commercial adjustment also creates an adjustment in the planned development for the residential portion,which causes both of them to have to come back through the hearing process. attorney if he agreed. agreed if it is a true amendment. Councilmember McClain asked the city City Attorney Joel Stern stated he City Manager Curtis Shook asked i f the applicant understood it that way as well. Mr.Ralph Pew stated they understand that the application for the commercial zoning will include a request for commercial zoning plus an amendment to this planned development.At that hearing,there will be an ordinance in front of the council that will include all of these stipulations that can be thoroughly debated. Development Services Director Larry Harmer stated this would have to go through the planning and zoning process and it would be some time before it reaches council. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 20 OF 40 Councilmember Urich asked for a point of order on whether they could have an amendment and then make a second. City Attorney Joel Stern stated they could do that. Councilmember Urich asked if there was an amendment of the floor. Vice Mayor Surra stated she does not feel that she is making an amendment.She does not feel that she can vote on Councilmember Durbala's motion without having a clearer understanding of that motion. Mayor Coleman commented he believed she could make a substitute motion to table the item,and if that is seconded, then a vote would be taken on the substitute motion first,followed by the original motion. City Attorney Joel Stern stated they may proceed that way. Councilmember Urich stated she had wanted to hear if that was an amendment. Vice Mayor Surra stated she never claimed it was an amendment,she claimed it was a different motion. Mayor Coleman suggested she was making a different motion to table the item. Vice Mayor Surra MOVED TO POSTPONE, NOT TABLE,THE ITEM TO THE NEXT EARLIEST AGENDA IT CAN BE PLACED ON LEGALLY. City Attorney Joel Stern asked i f she wanted a definitive date so it would not have to be republished. Vice Mayor Surra stated she needed an actual time frame to get everything in order and have it back with more definitive language. Development Services Director Larry Harmer suggested it come back with the stipulations in more definitive form for review. Vice Mayor Surra stated she did not believe they were sure of the exterior recommendations.She wants to see both options. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 21 OF 40 Councilmember Urich asked that the amendment be restated. Vice Mayor Surra stated she wanted to postpone a vote on this ordinance until we have received more information on i t and more answers to questions from tonight. Councilmember Durbala commented it would be coming back anyway. Vice Mayor Surra stated this would remain in place until it does and she cannot be sure that it will ever be changed.She is not happy with that. Councilmember Durbala commented that is why there is seven of them up there to decide on it. Vice Mayor Surra stated that is why she offered her substitute motion. Councilmember Durbala asked for the vote on that motion. City Attorney Joel Stern reminded them that they need a definitive date on that motion. Vice Mayor Surra asked if it could be ready for the next meeting. Development Services Director Larry Harmer stated the definitive wording for the conditions would be simple,but she may be asking the applicants to put together some type of comparative between the stucco/tile type elevations versus the multiple colors/rooftops. Vice Mayor Surra stated she wanted the time for council to be thinking about what they heard tonight.She is not going to ask them to do renderings.She wants them to be able to think about what the public said tonight and go over the questions in their own minds. Development Services Director Larry Harmer stated the ordinance could be rewritten for the March 3 meeting. Vice Mayor Surra MOVED IT BE POSTPONED UNTIL MARCH 3,1998. Councilmember Urich SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 22 OF 40 on the substitute motion first. Mayor Coleman stated they would vote VOTE:2-5 (Mayor Coleman and Councilmembers Eck,Durbala,McClain and Insalaco voted in opposition.) The motion failed. vote on the original motion. motion to be repeated. Mayor Coleman stated they would now Councilmember Urich asked for the Councilmember Durbala stated sections one through three had no changes,section four was changed to read "application requesting the rezoning of the 21.08 ±from TH/PD to a commercial by planned development and amended the TH/PD adopted under this ordinance located at the northwest corner of the project,identified as not a part of the conceptual plan,shall be submitted to the development services no later than March 2,1998."Stipulation number five,in the second sentence, the words "stucco"and "tile" were deleted.In stipulation six in the third line down,"three different colors of exterior stucco finish"will now be "listed with multiple color schemes".Section eight,second sentence,the word "tile"will be deleted. precludes them from offering tile roofs. Mayor Coleman asked if this City Attorney Joel Stern stated i t does not. VOTE:6-1 (Vice Mayor Surra voted in opposition.) The motion carried. Mayor Coleman minute break. Mayor Coleman meeting. called for a ten reconvened the PROPOSED ORDINANCE NO.1025/PZ-29-97, REZONING REQUEST BY A.J.LIMITED PARTNERSHIP/CONNOLLY ) )Associate Planner Rudy Esquivias briefed the council on the item.He stated this will rezone a 15± acre property at the southeast corner of Broadway and Idaho from CR-1,single REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 23 OF 40 family conventional homes on half acre lots,to CR-3/PD,general commercial by planned development.The applicants propose to build a commercial/retail development on about 10 acres,with the remainder being set aside for a mini- storage.There will be about 40,000 sq.ft.of commercial/retail area and a couple of restaurant pads.The city engineer had some access concerns due to the center median,and he briefed the council on the multiple accesses.There is a drainage issue with a small wash crossing the northwest corner of the property;drainage structures are in place that the applicant will have to deal with.The police would like to see the final plans and elevations to determine ease of monitoring.There is more than the minimum amount of parking.It will be developed in two phases,with zoning over the whole site being voted on this evening.The conceptual plan is only for the commercial/retail portion.The mini -storage developer will come back later with his site plan.Neighbors are concerned with what they will be looking at.The developers are proposing a terraced wall on the south side with landscaping and the retention area.The neighbors on the east are requesting an 8'wall,with a 3'wall at the entrance for sight visibility.The planning and zoning commission unanimously approved the plan with stipulations including a revised reversion clause.Staff is suggesting the developer of the mini -storage not disturb the land until he comes in with a plan.A 6' wall is required between commercial properties according to the ordinance, however,mini -storages tend to go up to the property line,so they are holding off on this wall until they see what the development looks like.Staff also suggested the resolution of the private access easement come back to council when the final planned development plans are presented to council.At this time they are still conceptual. Mayor Coleman stated the revised ordinance handed to them by Rudy has Stipulations Nine and Ten the same. stated one of them will be deleted. Associate Planner Rudy Esquivias Development Services Director Larry Harmer stated the first area that would be parking is 150'north of the property line with the first structure pad 250'north of the line. Councilmember Eck asked if the easement could go to the north side of the retention area. Development Services Director Larry Harmer stated the council will be asked to approve a specific access easement when the mini -storage plan comes back.This is a general location at the south end of the property.There is no exact reason for the retention basin placement,it will depend on the interior configuration.At this time i t is more convenient to locate one at the south end of the property and the other at the northeast end.They will be defined along with the mini -storage at final approval. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 24 OF 40 Councilmember McClain asked if there is a tentative date on the mini -storage. Associate Planner Rudy Esquivias stated he had not talked to the developer of the mini -storage at all.If this is approved,they would have two years to submit a plan. Mayor Coleman closed the discussion and requested the applicant to address the council. Mr.Paul Connolly,1935 S.Cactus, addressed the council.He commented they have a good track record for building and they intend to have businesses such as real estate,doctors, lawyers,and salons.The premises will be kept clean. The council in general asked what restaurants may be developed on the property. Mr.Paul Connolly stated they do not have any lined up at this time,but they are trying to sell the corner of Idaho and Broadway to a major restaurant chain.They have approached a number of them,have advised them of the problems and some are asking for more specific plans.When the architectural plans are drawn they may do something. He stated some would like to build a turnkey franchise,but most Apache Junction businesses cannot afford to spend $500.000 to $750,000 for a franchise.He is sure,however,that they will get somebody. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he reopened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1025 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 Urich MOVED THAT ORDINANCE NO.1025,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 25 OF 40 THE FOLLOWING AMENDMENTS:DELETE STIPULATION NUMBER 10 AND MAKE STIPULATION NUMBER ELEVEN NOW STIPULATION NUMBER TEN. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1026/PZ-32-97 PLANNED DEVELOPMENT MAJOR AMENDMENT FOR PROPERTY AT 1851 N.IRONWOOD DRIVE ) )Associate Planner Rudy Esquivias briefed the council on the item.This is for a-2.5 acre property located just south of Foothill on the east side of Ironwood.It was originally approved as a manufactured home subdivision in 1981 and it was never realized.The property currently has a single family home on it.The current owners wish to amend the original planned development from six lots on 2.5 acres to three lots on the 2.5 acres.They also wish to create a private access easement along the south 28'of the property to provide access to all three lots.This ordinance calls for an unobstructed easement with certain improvements required by the council if they desire.At the work session,council requested the language used for the last private access easement granted. That language is included as stipulation two.The planning and zoning commission recommended approval unanimously,and they waived any improvements to the access.He read the stipulation regarding the type of pavement for the easement.The people who spoke at the planning and zoning commission spoke in support of the ordinance.This ordinance also has a reversion clause and he gave council a revised ordinance from what was in the packet. Mayor Coleman opened the item to council discussion. Councilmember Durbala asked why the council could not get the changes before the meeting. Associate Planner Rudy Esquivias stated they present the precise language to the council that the commission hads recommended.Additional concerns by the staff are added at the end.The motion is reflective of the commission recommendation,but in this case legal counsel requested some different language on stipulation two and that is what is being presented. Councilmember Durbala stated he does not see i t in the ordinance. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 26 OF 40 Associate Planner Rudy Esquivias stated council would have to vote to amend the commission recommendation.The revised ordinance was revised specifically for the reversion clause. Mayor Coleman asked the applicant i f they wished to address the council.The applicant declined.Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Durbala MOVED THAT ORDINANCE NO.1026 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 City Clerk Kathleen Connelly read Councilmember Durbala MOVED THAT ORDINANCE NO.1026,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING CHANGES:HAVE STIPULATION NO.6 READ "THE FULL LENGTH AND WIDTH OF THE PRIVATE ACCESS EASEMENT SHALL BE CONSTRUCTED WITH EITHER A CHIP SEAL SURFACE,PAVING,RAYBINDER OR GRAVEL,BEING CRUSHED GRANITE,LEVELED AND WATERPACKED,TO PROVIDE A DUST FREE AND RELATIVELY EROSION FREE SURFACE FOR DRIVING ON,PER REQUIREMENTS OF THE CITY ENGINEER,GORDON GRANDY." Vice Mayor Surra reminded Councilmember Durbala that he was to change stipulation number two,not add a stipulation. Associate Planner Rudy Esquivias stated stipulation number two was to be deleted and the other added in its place. Vice Mayor.Surra AMENDED THE MOTION TO HAVE STIPULATION NUMBER TWO DELETED AND THE CHANGE GIVEN BY COUNCILMEMBER DURBALA TO BE PUT IN IN PLACE OF STIPULATION NUMBER TWO. Councilmember Durbala agreed to the amendment. Councilmember McClain SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 27 OF 40 VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PROPOSED RESOLUTION NO.98-07,AUTHORIZING REFINANCING OF MUNICIPAL CORPORATION REVENUE BONDS )City Manager Curtis Shook briefed the council on the item.This will enact the authorization,execution and delivery of a ground lease,a city lease,and a letter of representation for bond purchase contract effectuating the action taken by the Municipal Property Corporation earlier today.It will confirm the $6 million in borrowings and the incorporation of the 1992 bond purchase and will unite them into one bond at 4.47%interest.He stated Brian O'Connor of Hutchinson Shockey Erly & Co. and Mike Cafiso,the bond counsel are in attendance for any questions. Mayor Coleman opened the item to Vice Mayor Surra commented that it City Manager Curtis Shook asked Brian 0'Connor to brief the council on the implementation of the bond. Mr.Brian O'Connor,Hutchinson Shockey Erly & Co.,addressed the council.He commented that in 1992 the city had a bond issue in the amount of $4,640,000 with an interest rate of 5.9%. As $6,000,000 was needed for new road construction,they refinanced and combined the issues to get the lower interest rate of 4.47%.This will save the city approximately $120,000 in present value cash,after all costs have been deducted.In 1992 the city was in more difficult financial circumstances and had to agree to onerous covenants regarding debt service coverage at that time.Those have now been changed to a much more flexible and realistic standard because of the financial standards of the city today. Mayor Coleman closed the discussion with no further comments and called for a motion. discussion by the council. is a nice interest rate. Councilmember Eck MOVED THAT RESOLUTION NO.98-07,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE,A REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 28 OF 40 CITY LEASE,A LETTER OF REPRESENTATION TO BOND PURCHASE CONTRACT AND A CONTINUING DISCLOSURE UNDERTAKING;APPROVING THE EXECUTION AND DELIVERY BY CITY OF APACHE JUNCTION MUNICIPAL PROPERTY CORPORATION OF A GROUND LEASE,A CITY LEASE,A TRUST INDENTURE AND A BOND PURCHASE CONTRACT;APPROVING AN OFFICIAL STATEMENT;APPROVING THE ISSUANCE OF NOT TO EXCEED $10 MILLION AGGREGATE PRINCIPAL AMOUNT OF CITY OF APACHE JUNCTION MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS,SERIES 1998;PROVIDING FOR THE TRANSFER OF CERTAIN MONEYS FOR THE PAYMENT THEREOF AND OF THE CITY OF APACHE JUNCTION MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 1992,AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION AND DECLARING AN EMERGENCY, BE APPROVED AND ADOPTED. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION PURSUANCE OF AMENDMENTS TO CITY CODE TO REQUIRE PETITION CIRCULATORS TO BE QUALIFIED CITY ELECTORS )City Attorney Joel Stern briefed the council on the item.He stated there have been recent discussions requiring certain petition circulators to be qualified city electors. Currently the code does not provide for that.Certain cities in the state provide for circulators to be city residents in the cases of referendums or other actions,including Scottsdale,Tempe,Phoenix and Tucson.There is case law on the issue,involving a rezoning case in Scottsdale.There is language to support a city could require successfully that certain petition circulators be residents of the city.He quoted specific areas from the case law pertaining to the petition circulators.He requested direction for the council at this time regarding petition circulators. Councilmember Durbala stated he brought this up because of the Fry's issue.People residing outside the community had been hired to circulate the petitions,and they did not know what was going on.They would say it was just to have property rezoned,and with further questioning would finally say what it was for.He added this could be done by city residents as well,but he would prefer to see city residents be the circulators of petitions for something like that.He would like to see it go back to the city attorney and have him bring back the information as soon as possible to enact it with emergency measures.He REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 29 OF 40 believes the city needs this pushed through,and concerned citizens should be the ones passing around the petitions. Vice Mayor Surra concurred that there should be something on the books making sure certain issues are under local control.She would like to see a draft on this. City Clerk Kathleen Connelly clarified that they would also have to be qualified city electors.They would have to have Arizona driver's licenses and vehicle registrations. Councilmember Durbala added they would have to be a registered voter in the community. Councilmember McClain agreed that is the way it should be. Vice Mayor Surra commented it would make them more accountable to the people who would have the most interest in their community. Councilmember Durbala stated there have been people from outside the community who have threatened to start different referendums but they have not been able to get the people.If they had,they could have gotten the signatures that they needed on their own. Councilmember Durbala MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AN AMENDMENT TO THE CITY CODE THAT WOULD REQUIRE CERTAIN PETITION CIRCULATORS TO BE QUALIFIED CITY ELECTORS:HAVE CITY ATTORNEY JOEL STERN COME BACK TO THE COUNCIL AS SOON AS POSSIBLE WITH A PROPOSED ORDINANCE FOR THIS. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SALES WITHIN MOBILE HOME PARKS,RV PARKS AND MOBILE HOME SUBDIVISIONS )Vice Mayor Surra commented it has been stated during the past week that she does not want to have any sales take place in the mobile home parks.She clarified that she stated at the work session that she did not want outside vendors selling to the park residents when they could be utilizing the businesses in the city.She believes i t is unfair for those who have invested in the community to be held back since their business is not on wheels.She believes there should be yard sales and patio sales sixteen days a year as there are in other places of the city.The park residents should be able to have their own activities.She requested REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 30 OF 40 council to "rethink"about whether outside vendors should be able to sell inside these parks.She feels staff should be directed to discontinue the conditional use permits that allow for these sales. Councilmember Durbala stated he got over 40 calls from different residents last week regarding the newspaper article on market days.As a result,he called all of the park managers listed in that article and they informed him they had been misquoted in the paper as well.They do not have people with free time on their hands to take care of the city requirements and they all agreed that something needed to be done about market days.They all agreed they do not want any advertising by any of the vendors coming in if it would result in some type of action by the city regarding the vendors coming into their park.They were not aware that these are not open to the general public.After being advised of the conditions,they all stated they would have any vendors who are advertising thrown out of their parks and they would not be allowed back.He agreed with the vice mayor that the market days was originally intended for the part time residents to build their wares up north and be able to sell them when they came back to this community in their own parks.It was a social event.Now, the vendors sell things you can get in the city,such as cellular phones, computer services,travel services,trailer misters and storage sheds.Some of the people selling storage sheds are encouraging the buyers to come to their homes outside the city to avoid paying the additional sales tax.He believes it should go back to the original intent of market days,and only three parks have the conditional use permits.He then read the regulations on those permits.He reiterated the intent was to allow people to come down and sell their wares in their parks.He added he has no intention of closing down market days,but he would like to see the vendors restricted. Councilmember McClain asked if there was a copy of the conditional use permit handy. Councilmember Durbala stated he had one,but the problem is they have to follow the guidelines under the other codes. Associate Planner Rudy Esquivias stated the conditional use permit applies to any conditional use permit application,not just necessarily market days. Councilmember McClain asked i f anyone had a copy of a market days use permit.She recalled hearing one in the past that stated no outside vendors in the park or outside advertising. Associate Planner Rudy Esquivias stated he did not have one of those,that would have been a specific resolution for a specific park.He offered to go get one. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 31 OF 40 Councilmember McClain stated that was not necessary,since they are just giving direction tonight.She requested they bring one the next time it was on the agenda.She suggested sending out code enforcement in the meantime. Development Services Director Larry Harmer stated that is what started this;code enforcement went out to enforce the rules. Councilmember McClain clarified that this is when the letter was sent in saying they were being "cruel"to the vendors. Development Services Director Larry Harmer stated that was correct.The letter stated they were vendors in the park. There was general discussion as to whether they were resident vendors or not.The problem is with the vendors who are not residents. Development Services Director Larry Harmer stated if it is more than a social event it creates a commercial use. Vice Mayor Surra stated they need to understand that encouraging the businesses to be here all year round depends on their having year round sales.If their sales deplete because of outside vendors coming in and selling their wares to a large population,the city is in trouble.Not all parks can meet or wish to meet the criteria.To her this is not fair,every park can meet the criteria to have their own social events. There are sixteen days allowed in all the other residential areas to have something like a garage sale.She stated commercial vendors should not be able to go into the parks to set up a place of business for outsiders to come in.However,residents should have the right to have a garage sale sixteen times a year. Councilmember Durbala stated they tried to limit the commercial vendors from coming into the residential areas unless they were grandfathered in.Commercial vendors should not be allowed to go into the parks like that.Some of the residents thought they were trying to destroy their parks by getting rid of market days,and he had to tell them that is not the intent of the council.He reiterated the park owners and managers agree that the outside vendors should not be allowed in. He added those vendors have been going from one park to the other. Vice Mayor Surra added people do not go to meetings and end up getting misinformation from other sources. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 32 OF 40 Councilmember Urich asked why the three parks should be treated separately from the other parks. Councilmember McClain asked if the other parks are allowed to come in and apply for a special use permit. should be so restricted. restricted by size and acreage,so she would have to research it,and necessarily created by staff,they were done a number of years ago. Councilmember Urich asked why it Vice Mayor Surra stated it is not all parks can apply. City Clerk Kathleen Connelly stated the reasons for the stipulations were not were contributions from the parks involved Councilmember Urich commented these City Clerk Kathleen Connelly stated it started in August of 1990 and finished in March of 1991;previous to that it was in 1985. Councilmember Durbala commented on the special use permits for the bingo licenses. Councilmember Insalaco agreed about the outside vendors.He has heard of people from within the parks going from park to park selling their wares. Vice Mayor Surra stated that is not right.She stated that is a business and they should go to a swap meet.She commented they are fostering business with no overhead,no taxes or anything. They are not playing fair to others with a similar venture. Councilmember Insalaco stated he is talking about residents of Rock Shadows going to other parks to sell. Vice Mayor Surra stated she could not go from her house to Rock Shadows to sell her potholders. City Clerk Kathleen Connelly stated the city code does not allow goods to be brought in from somewhere else to be sold at yard sales. Councilmember Eck agreed they should keep out the outside commercial vendors but he is concerned they may go too far and take away their enjoyment. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 33 OF 40 Councilmember Durbala asked i f taking away the outside vendors would be too far. Councilmember Eck stated he is not talking about someone coming from Queen Creek to sell produce,he is talking about the man building wood birdhouses that sells them five days a week only now being able to sell on only one day.The latter person he does not want to affect. Councilmember Durbala stated he had no problem with market days in the park;he just does not want the outside vendor.He does not think anyone will worry about someone coming from another park who was invited in. Vice Mayor Surra stated they become an outside vendor if they go to another park to sell their goods. Councilmember Durbala stated the only ones who can sell goods in the parks are the residents of that park. City Attorney Joel Stern commented they might be able to restrict the conditional use permit requirements, putting in additional conditions that monitor what businesses can go in there. Vice Mayor Surra stated they can discontinue the conditional use permits as the people there can already sell their goods.They do not need the permit. Councilmember Eck asked if they would get phone calls that the residents are out of compliance. Vice Mayor Surra stated the residents are never out of compliance.It is the outside vendors who are out of compliance. Councilmember Durbala added the residents would still be allowed to do what they were doing. Councilmember Eck stated he feared the residents would lose some of their privileges. Councilmember Durbala commented the city attorney can come back with a special conditional use permit if they wish. There was general discussion on what could be done to get the parks to police themselves. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 34 OF 40 Development Services Director Larry Harmer stated it may be that the conditional use permit may be the whole problem and possibly staff should be directed to look at the permits. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF:THAT THEY INVESTIGATE THE WHOLE ISSUE OF CONDITIONAL USE PERMITS FOR SALES IN MOBILE HOME PARKS. Councilmember Durbala SECONDED THE MOTION. VOTE:6-1 (Councilmember Insalaco voted in opposition.) The motion carried. CLOSURE OF LOST DUTCHMAN BOULEVARD )City Manager Curtis Shook briefed the council on the item.He requested the city engineer to summarize his memorandum. City Engineer Gordon Grandy stated there appears to be no legal right-of-way established across BLM or State Land for Lost Dutchman Boulevard in the area.He cannot tell them at this time what it means,as city and county funds have been expended over the years on the road in the area for the public's use. Mayor Coleman stated closing it would not hurt since there is no right-of-way. City Manager Curtis Shook stated that is the point.They have an obligation to formally approve roads in the area and they have a certain obligation since they maintained the road for so long.The decision is still whether the council wishes to close the road at a point where it will cause the least amount of bottleneck.The county has already decided to close the road and has voiced their concerns.The issue is whether or not to close,and where to close. Councilmember Durbala asked if they were talking about closing where the county stated they would close and taking the area back to its original vegetation,which is closing it at Mountain View. City Attorney Joel Stern stated they may be able to swap land in order to get a legal road off of State Land. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 35 OF 40 Councilmember McClain suggested putting it on its proper alignment. City Attorney Joel Stern agreed.He showed them on a map where the correct alignment lies,which he believed is on the city boundary. Councilmember Durbala asked if he was suggesting they build the road there. City Engineer Gordon Grandy stated they would have to spend money on engineering. Mayor Coleman stated he is saying we trade what we have now for the easement there. City Attorney Joel Stern stated there may be an issue there as the city engineer had looked into all the documents whereas he had not. Councilmember McClain asked if the time for it being used permanently may be close to expiring since i t had been used for all of these years.She asked if that is allowed with government land. City Attorney Joel Stern stated she is talking about a prescriptive easement or an adverse possession issue,which he does not believe can be taken against another governmental entity. Councilmember Urich asked if we were sure that was the correct alignment. City Attorney Joel Stern stated he had not looked at the documents or seen the parcel numbers. Councilmember Urich stated she believed that alignment was not correct. County Supervisor Sandie Smith stated there is a point whereby they allow courtesy grading on a road that had been used.They can show by aerials that the road was there and they can then grade it,but they cannot improve it. City Attorney Joel Stern stated that was for the grading,but it was not for the actual ownership. County Supervisor Sandie Smith stated that was true.They just check their records on a certain date to see REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 36 OF 40 if the road existed and then they courtesy grade with a blade if it was established at that time.She gave as an example Peralta Road,with which they have worked out an agreement with the state. Councilmember Durbala stated if the county is going to close the road,the city may as well close the road there and let the county bring it back to its natural state.He added they would be putting in the signage. City Manager Curtis Shook stated they would want to put in an unimproved cul-de-sac so that people can turn around and come back out and post it as such. Councilmember Durbala suggested they send this back to staff and get it back to council as soon as possible.He asked if staff can do this themselves or do they need an actual ordinance from council. City Attorney Joel Stern recommended a public hearing on this. Councilmember Durbala asked if there was enough time to advertise for a public hearing and get this on the March 3 agenda. City Manager Curtis Shook stated there was. Councilmember Durbala asked how long this had been going on. County Supervisor Sandie Smith stated she did not recall but she had told the citizens that there should be a decision within the next 30 days.She believed it may have been as long as 5 or 6 months. Councilmember Durbala commented they started discussing this in September. County Supervisor Sandie Smith stated she caused some of the delay by not being here at one meeting. Councilmember Eck asked why they would have to have a public hearing if the county had already had them and people know the road will be closed. City Attorney Joel Stern stated he was not sure on the practice of closing roads in the city. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 37 OF 40 City Clerk Kathleen Connelly stated the code calls for posting of signs and the possibility of an ordinance.I t may take more than 4 or 5 days to do the research. City Attorney Joel Stern stated he would need additional time in order to determine if a public hearing was needed. City Clerk Kathleen Connelly stated the ordinance would have to be finished by next Monday morning to make the March 3 agenda. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CLOSURE OF A PORTION OF LOST DUTCHMAN BOULEVARD:STAFF TO LOOK INTO CLOSING THE ROAD AT A POINT JUST EAST OF MOUNTAIN VIEW ROAD;TO BRING BACK AN APPROPRIATE ORDINANCE IF IT IS REQUIRED;TO ADVERTISE IF REQUIRED AND TO SCHEDULE A PUBLIC HEARING IF IT IS REQUIRED FOR THE MEETING ON MARCH 17,1998. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION FOR THE PURPOSE OF THE REQUIRED PERFORMANCE EVALUATIONS FOR THE CITY ATTORNEY,CITY MAGISTRATE AND CITY MANAGER BE HELD ON MONDAY, FEBRUARY 23,1998 AT 7:00 P.M.IN THE CITY CONFERENCE CENTER. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Surra MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 2,1998,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 38 OF 40 AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.,TUESDAY,MARCH 3,1998,IN THE CITY CONFERENCE CENTER. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Vice Mayor Surra announced she was at a steering committee for the new Project Help Volunteer Center,helping to raise the roof.She stated they have tee shirts for sale to help raise the funds.They have raised $56,000 of the $100,000 needed.Many goods and services have also been donated. Groundbreaking will be on March 21,1998.She believes this will bring all the entities working separately together. ADJOURNMENT ) )Mayor Coleman adjourned the meeting at 11:28 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of February 3,1998. 3.Recognition of Outstanding Service to the Community by City Employees. ACCEPTED THIS 3RD DAY OF MARCH ,1998,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF MARCH _T DOUGLASEOLEMAN Mayor ATTES : City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 39 OF 40 ,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 17th day of February,1998.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of February,1998. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17,1998 PAGE 40 OF 40