Loading...
HomeMy WebLinkAbout1997-07-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 1,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 1,1997,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 7:08 p.m. INVOCATION Pastor Dave Watson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Insalaco led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember McClain Staff Present: Others Present: (Councilmember Durbala was absent.) City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly Interim City Attorney William Farrell Public Safety Director Robert Galloway City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Development Service Director Larry Harmer Associate Planner Rudy Esquivias Economic Development Specialist Ken Simpkins Assistant Planner Paul Michaud ACCEPTANCE OF CONSENT AGENDA REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 1 OF 23 )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:LIBRARY EMPLOYEE GAIL GRAHAM-FISEL;THE POOL STAFF;AND THAT RESOLUTION NO.97-18,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 1997 STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY'S NEEDS AND THE ,REQUIREMENTS OF THE STATE CDBG PROGRAM,AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION BE APPROVED;AND THAT JOEL STERN BE SELECTED AS CITY ATTORNEY EFFECTIVE AUGUST 11,1997,SUBJECT TO HIS ACCEPTANCE AND EXECUTION OF AN EMPLOYMENT AGREEMENT AS NEGOTIATED BY THE CITY MANAGER;AND THAT THE INDIVIDUALS LISTED IN A MEMORANDUM SENT TO US THROUGH KEN SIMPKINS,OUR DEVELOPMENT SPECIALIST,AND COMPILED FROM NAMES GIVEN TO HIM AT OUR WORK SESSION ON JUNE 30,BE APPOINTED TO THE FOCUSED FUTURE ACTION TEAM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Ms Shell Madden,524 W.22nd Avenue,addressed the council regarding a dog attack that had occurred on South Ironwood on last Saturday.A woman had been walking her dog outside an auto repair shop when the guard dogs for the shop got loose and attacked the woman and her dog.Police and ambulance personnel on the scene described the dogs as intent on killing her.A passing motorist had stopped to intervene and saved the woman and the dog.She urged the council to reopen the discussions on the animal ordinances,specifically one on non -breed specific vicious dogs. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED RESOLUTION NO.97-19/ABANDONMENT OF A PORTION OF BASELINE AVENUE )City Engineer Gordon Grandy briefed the council on this item.This is on Baseline Avenue between Cortez REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 2 OF 23 and Tomahawk.The application was submitted by Vital Living International, the owner of which is Ron McCrae.This is 40 acres proposed as a subdivision. The abandonment was originally established as an easement in the 60's and there is no corresponding right-of-way on the south side.Another owner at a later date dedicated half of the 100'as a right-of-way to Pinal County, leaving the other half as an easement.With homes further east having put in an improved street,he stated that the full 100'is not necessary for the improvement of Baseline,only the south 50'.He and the Transportation Board agree that the north 50'be abandoned.He stated he had given council three options in his memo that they might want to pursue in exchange for the abandonment,or they may come up with one of their own.He added the motion in the packet addresses only the abandonment,council may want to add a stipulation on what should be done with the property.He stated an agent from the applicant is in the audience. Mr.George Musser,a civil engineer and land surveyor with Stan -Tech Consultants,7776 Pointe Parkway West, Phoenix,addressed the council.He passed out an exhibit to the council.He stated the primary reason they are looking for the abandonment is the right- of-way is not needed and it will be difficult to maintain.He stated if the right-of-way is left intact,it would not be developed by the developer,nor would the city develop it for some time,creating a problem area.If the abandonment is approved,the developer would like to move the lot line over. It would provide 4 additional lots and additional usable open space in the retention area and in two other areas.The additional 50'in the channel area would not need any improvement.He stated staff had told him that the changes would still keep the plat in compliance with the previous approval. Development Services Director Larry Harmer stated Nick Blake from the Parks & Recreation Department was included in the discussion where he reviewed the improvements proposed as the final plan and they are comfortable with the direction the applicant has taken. Vice Mayor Surra asked if more landscaping would have to be added. Development Services Di Harmer stated they are adding more landscaping.They have added 12,000-15,000 sq.ft.of functional open space. Vice Mayor Surra asked the one running through the center. Harmer stated that was correct. what they were planning to put in there. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 3 OF 23 Development Services Di Vice Mayor Surra asked rector Larry approximately if that was rector Larry if they knew Development Services Director Larry Harmer stated the landscaping plans were discussed with Nick as well as the play equipment and ramada,but no specifics have been mentioned.The applicant was going to come up with more specifics after the discussion. Vice Mayor Surra stated the last time they talked to them she believed they thought they would not have enough space to do all the things one of the councilmembers had suggested.She asked if it would now have enough space for all those things. Mr.George Musser stated they talked about that in their meeting Monday,but they did not talk about specific improvements.They are still concerned about the demographics of the subdivision,which they believe to be younger couples with smaller children and very few teenagers.They are trying to direct the amenities to those buyers.It will be equivalent to 30 play units.They went with the present reconfiguration because it would give more open space area in two other areas that were smaller before.They are adding 50'to each. City Manager Curtis Shook asked if the original applicant,Presley Homes,is no longer a part of this development. Mr.George Musser stated that was correct. City Manager Curtis Shook asked if there was a new developer. Mr.George Musser stated Cortland Homes is very close to finalizing a deal on this.They want to come up with an arrangement that would be acceptable so the preliminary plat would stay in place and they could move ahead with development. City Manager Curtis Shook stated the council may want to consider that there is no applicant at this time.He added if they wanted to approve this,they may want to add a stipulation that it not become final until the final plat plan is approved.This would preserve their rights for the open space areas to be acceptable for both parties. City Engineer Gordon Grandy clarified that the owner of the property did apply,there is just no developer locked into the project.He added the owner of the property wants to pursue this no matter who the developer will be. Mr.George Musser stated the developer will be required to submit a final plat and be subject to staff REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 4 OF 23 much. review and discussions on the open space and the improvements.He does not believe any developer coming in would make any changes and endanger the preliminary plat which would necessitate coming back and going through the process again. Interim City Attorney Bill Farrell stated it was his understanding they would move ahead very quickly. Mr.Gary Neff of Cortland Homes stated he believes a blighted area would be created if the abandonment is not approved.The homeowners association will not want to maintain it,and he questioned who would maintain it.He stated they want to move forward with this and intend to break ground in November. he represents Cortland. City Manager Curtis Shook asked if Mr.Gary Neff stated he does. City Manager Curtis Shook asked if he could legally bind Cortland to make certain improvements. Mr.Gary Neff stated he could pretty City Manager Curtis Shook stated that was his main concern.He believes the abandonment is a good idea but he wants to make certain they do not give away value without having an agreement on what the city will receive. Mayor Coleman asked if he meant the abandonment should be contingent upon passage of the final plat. City Manager Curtis Shook stated that was correct. Interim City Attorney Bill Farrell stated the motion approving the resolution would be to further direct the city clerk not to record the resolution,or that it be recorded simultaneously with the recording of the final plat map.That way an option to reconsider the resolution is there. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for any further discussion by the council.There being none,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 5 OF 23 Councilmember Insalaco MOVED THAT RESOLUTION NO.97-19,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,PURSUANT TO A.R.S.§ 28-1907 DECLARING THAT A PORTION OF A PUBLIC HIGHWAY EASEMENT DESCRIBED AS THE NORTH 50 FEET OF A 100 FOOT EASEMENT ON BASELINE AVENUE FROM 1/4 MILE EAST OF TOMAHAWK ROAD TO CORTEZ ROAD DESCRIBED IN ABANDONMENT CASE AB -97-01,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,AND BE APPROVED WITH THE STIPULATIONS THAT WERE BROUGHT UP BY OUR ATTORNEY,THAT THE CITY CLERK NOT RECORD THE RESOLUTION UNTIL THE FINAL PLAT PLAN IS APPROVED,AND THE RECORDING OF THE RESOLUTION BE IN CONJUNCTION WITH THE RECORDING OF THE FINAL PLAT PLAN. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.999/CASE PZ-97-11 GRANT & ROGERS )Development Services Director Larry Harmer introduced Assistant Planner Paul Michaud to the council and stated he would brief the council on the item. Assistant Planner Paul Michaud stated the property is at the northeast corner of Junction and Cactus.The current zoning is CR-5,multiple family residential.The owners want to divide the property into 3 lots for manufactured homes.This requires a change in zoning.All structures save one within 300'are manufactured homes, so this zoning would fit in.They want to rezone to CR-1/MH,low density residential zone with minimum lot sizes of 20,000 sq.ft.Staff recommends R1- 43/MH,which is also a low density residential zone with an acre and a quarter minimum lot size.The reason for this change is it would split the property as the owner requests,and it would not rezone to one allowing a smaller minimum lot size.The property is 4.1 acres at this time.These acre plus lot sizes would be more similar to the majority of lots in the area.The owners were concerned with the different zoning due to utility lines already on the property not being in the center lot,which they intend to keep.Staff therefore placed a stipulation of a public utility easement being part of any land split.Another concern they had was with a potential buyer who was interested in one acre,but might not be interested in the larger lot.Staff contacted that owner and he indicated his only concern was if he would be able to put a manufactured home on the lot.The owners are now amenable to the R1- 43/MH zoning.Staff is concerned about the loss of multiple family zoning, however,this was originally zoned from general rural to the multiple family housing in 1982,when the owners were going to build some apartments;they now feel i t is in their best interest to split the property.There is a need for REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 6 OF 23 Club,Mesa,addressed property in 1949,and build apartments with build them now and he multiple family dwellings;however,the Planning & Zoning Commission ruled in favor of the rezoning 5-2 with Commissioners Conway and Gifford dissenting. There are two conditions listed to the approval as found on page 7 of the staff report,and condition number two should be amended to read "if applicable,a private utility easement versus a public utility easement to accomodate the power lines are made a part of any land split".Staff concurs with the commission's recommendation. Vice Mayor Surra asked if these should be listed as power lines only instead of SRP power lines. Assistant Planner Paul Michaud stated they are just using the term utility easement. Councilmember McClain asked if the Rogers are comfortable with the zoning change. Mr.Richard Rogers,264 N.Country the council.He stated they had homesteaded the when the original zoning was changed he had intended to his sons on the property.He feels he is too old to has some buyers if the zoning is changed back. Councilmember McClain asked if he was comfortable with the zoning. Mr.Richard Rogers stated he was as long as it will allow them to split the property and allow the buyers to put mobile homes on them. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing on item and opened it to further discussion by the council. There being none he called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.999 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read Ordinance No.999 by title only. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 7 OF 23 Vice Mayor Surra MOVED THAT ORDINANCE NO.999,AS READ BY THE CITY CLERK,BE APPROVED WITH THE FOLLOWING AMENDMENTS:TO STIPULATION NUMBER TWO,TO READ "IF APPLICABLE,A PRIVATE UTILITY EASEMENT TO ACCOMODATE THE POWER LINES ARE MADE A PART OF ANY LAND SPLIT". Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. LOCAL LAW ENFORCEMENT BLOCK GRANT )Public Safety Director Bob Galloway briefed the council on this item.This is administered by the Bureau of Justice Assistance out of the U.S.Attorney's Office.It is a federal program started in 1996.The formula for distribution of the monies is based on violent crimes having to do with murder,rape,aggravated assault and robbery as compared to the population.The State of Arizona competed with the remainder of the states for their allocation,and then all the agencies competed with each other for their share of the state allocation.Apache Junction qualified for $21,024 based on the formula.The monies can be used for a variety of things,such as hiring law enforcement officers and support personnel.Certain equipment can be purchased with the money.Drug courts can be placed into operation and multi -jurisdictional task forces can be funded.New construction and vehicles other than patrol cars cannot be purchased.The local community is required to hear what the money will be used for and provide input on how the money is going to be used.The department has determined the best use would be for the Victims'Advocate Program,which provides counseling for crime victims and others having personal tragedies in their families.It was first funded a few months ago with local grant funds,and they would like to continue funding it with this block grant for another year.The 1997 application for $26,000 has already been approved but they will not receive the money until next year.He then requested local input and comments from the community. Councilmember McClain asked in what year the money he is asking for now would be applied. Public Safety Director Bob Galloway stated the money was allocated and granted in 1996 and they have two years to expend the funds. Councilmember McClain asked if that was why it shows it is until the end of 1998. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 8 OF 23 Public Safety Director Bob Galloway stated that was correct,that was why it had been written that way.They have two years to spend it,but they do not mind if you spend it sooner. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing.He added he personally thinks the recommendation to use it for the Victims'Advocate Program is proper.He stated there is no vote on this item,it is for public input only.He then recessed the meeting for ten minutes. and stated he wanted followed by Item 10, OLD BUSINESS Mayor Coleman reconvened the meeting to consider Item 11,the NexTel Agreement next to be the public hearing on the Renaissance Park Subdivision. CONSIDERATION OF AGREEMENT WITH NEXTEL AND WESTERN WIRELESS FOR LOCATION OF COMMUNICATIONS TOWER ON CITY PROPERTY )Interim City Attorney Bill Farrell briefed the council on this item.This agreement provides fine accomodation for NexTel and the city.It is a communications site lease agreement wherein NexTel will lease from the city a site on city property for the construction of a telecommunications tower.The tower is valued in excess of $125,000.The tower will be transferred by bill of sale,once it is completed,to the city in exchange for no lease payments for the lifetime of the lease.This is a 30 year lease.It will be built in a way where other wireless providers can colocate upon the tower at the going market rate.At the present rate of technology as many as three companies could be on that tower,in the future more may be able to use it.He stated NexTel will also act without charge as a consultant for the city to assist on the colation negotiations by providing up to date lease rates and technical assistance. The earlier talk of litigation has been settled and will not go forward.The three minor issues raised earlier were discussed with NexTel and they are in agreement with all three.Staff is prepared to give final review to the construction plans if the agreement is approved tonight.The permit should be issued shortly thereafter.Staff recommends approval. City Clerk Kathy Connelly asked if the prepared motion was correct or if more was needed. Interim City Attorney Bill Farrell stated the reference to Western Wireless could be deleted. Councilmember Urich MOVED THAT THE PROPOSED AGREEMENT WITH NEXTEL FOR THE LOCATION OF A COMMUNICATIONS TOWER ON REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 9 OF 23 CITY PROPERTY BE APPROVED AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO.97-20/PRELIMINARY PLAT FOR RENAISSANCE PARK )Associate Planner Rudy Esquivias briefed the council on this item.This is for an approximately 140 lot subdivision located near San Marcos and Broadway encompassing 38 acres.He briefed the council on the recent rezoning history of the property.At the last meeting the council appeared to want the usable open space and amenities more defined.The recommended stipulations from the subdivision committee state that the developer should coordinate closely with the city engineer and public works to carefully address the drainage constraints of the property; the developer should coordinate and construct all off -site and on -site improvements to the city engineer's standards;all open space and retention areas must comply with the parks and recreation homeowners association open space standards;and the landscape plans for the open space shall be submitted prior to final plat,including details.The city engineer has recommended to delete the stipulation to extend 2nd and 3rd Avenues.Staff believes the preliminary plat is in substantial compliance with the preliminary planned development plan.He stated council had seen this plan earlier and encouraged them to add more stipulations if needed.He added the applicants had submitted a list of items they would be willing to provide the city with to receive favorable consideration.They will delete 3 lots to be used as usable open space with amenities.They are proposing to work with Parks & Recreation to construct amenities as may be requested by council or negotiated with them. They are proposing front yard landscaping packages and a variety of elevations and colors.A landscape feature is proposed for the Broadway entrance. Councilmember Urich asked what the recommendation was from Planning & Zoning. Associate Planner Rudy Esquivias stated the Planning & Zoning Commission voted to deny the preliminary plat. Commissioner Bachman in her motion stated the reasons for denial were for the reasons reflected in this meeting,the criticisms of the city council when they considered the matter,and that the plat does not meet the spirit of the law,the general plan and the intent and purpose of a planned development. They basically discussed what was usable open space and what space was meant REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 10 OF 23 for drainage.It was determined all the open space was either drainage areas or buffer zones.The applicants have since created some usable open area. The commission is still not favorable towards small lots.Basically the commission did not like the design,the small lots and felt the trade-offs were not there. Mr.Mike Curley,3101 N.Central, ,addressed the council on behalf of the applicant.He had been reviewing the •hearings and discussions over the last couple of weeks for Canterbury to see what needed to be done.He has made some suggestions to Canterbury to try to comply with the city's concerns.He stated if council still sees the need for additional changes,they are willing to come back again after a short break with those changes.He gave a brief overview on the history of the project and their neighborhood support.He mentioned that almost all the streets are curvalinear streets to slow the cars and they have a number of cul-de-sacs. He added there are landscape buffers throughout the plat.They now have 12 acres out of 37 acres that are small lots.The 3 lots they are deleting will be combined with some open space to make an area over an acre available for usable space.They are going to place at least one dry well or more if needed in the retention basin.They will agree to the full scope of recreational improvements that would be required by parks and recreation.They will provide full landscape packages in the front yards when the homes are sold. They will have staggered setbacks,different elevations on every other home, different colors available,two different roof tiles with three different colors available,fireplace options available for each home and an entry treatment at the entrance to Broadway.He stated he would like to hear any other concerns or suggestions that they have. Councilmember Urich stated she liked their new suggestions,but she is still concerned about the small lots.When driveways and garages are added,the lots are very small. Mr.Mike Curley stated the underlying zoning that the council approved allows the smaller lots and he is concerned about the small lots,however,they are all in one area.He stated the 45'X 110'is the minimum measurement,which equals 4,950 sq.ft.The street pattern creates larger and smaller lots,with the average lot size being 5,564 sq.ft.,which is 600+'larger than the minimum.The full 12 acres are not the minimum size.In the other area,the smallest lot is 6,600 sq.ft.,the average 8,134 sq.ft. Councilmember Urich stated the average helps,but she is still concerned about the ones below average. Councilmember McClain stated the zoning requires 7,000 sq.ft.lots,the planned development allows them to take away some of the size for other things.She stated half of the lots are smaller than 7,000 sq.ft. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 11 OF 23 Mr.Mike Curley stated he did not have that breakdown. Councilmember McClain stated there is not a great deal of open space. Mr.Mike Curley stated the open space,prior to eliminating the 3 lots,is 5.5 acres,including landscape tracts and the buffer tracts,which is more than they are required to do. With the 3 lots,it will be 6.5 -7 acres. Councilmember McClain asked if they were counting all the land used for water retention and flow. Mr.Mike Curley stated they are counted.Usable open space comes out to approximately 3 acres. Councilmember McClain stated planning and zoning recommended the lots be no smaller than 55'wide and 5,500 sq.ft.with their first recommendation.At the second meeting they denied this plan and recommended the plan be worked on. Mr.Mike Curley stated he was not at the second meeting and he was not aware of the recommendations. Councilmember McClain stated the lot sizes were not acceptable to the commission. Mr.Mike Curley stated he believed they felt that to be true.He is aware they were in opposition to the small lots.He stated council disagreed with them as they had approved the zoning 'request that allowed for the smaller lots. Vice Mayor Surra stated there must be a misconception as to what the council wanted.They gave them the zoning change so they could prepare a preliminary plat that would meet the expectations of planning and zoning.It allowed them to go under 7,000 but they did not expect them to go under the 5,500. Mr.Mike Curley stated council allowed for it because the zoning overlay that they approved two weeks ago was basically an approval for the planned development with lots down to 4,950 sq.ft.That was the position at the time. very clear that though under 5,500 or 5,000. plat. Vice Mayor Surra stated it was made they could go under 7,000,they may not accept anything There are a great deal of them under 5,000 in this REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 12 OF 23 Mr.Mike Curley stated they would like to bring closure on this case.If the council is not prepared to approve this tonight,he would like some input from them so that the next time they come back it will be acceptable. hearing on the item. Mayor Coleman opened the public Mrs.Nancy Wood,105 N.Delaware, addressed the council.She stated she is glad to hear that planning and zoning is having a problem with the smaller lots.She manages a mobile home park and they expect small lots.She does not expect that in a family development and one of the reasons is that as the children grow up,they stop playing in the backyard and they have to park their hot rods in the front yard.There is no room to put them in the backyard for them to be worked on. She sees this in subdivisions outside the city and she would hate to see it happening here.With larger lots,the backyards will be accessible for when these kids grow up. Mayor Coleman closed the public hearing and opened the item to further discussion by the council. Vice Mayor Surra stated it is commendable for them to give up 3 lots for more open space,but it is all in the corner with retention areas where it is not centrally located for the use of all residents.It may be better to take 3 other lots.She does not consider a retention area a play or amenity area to be offered in lieu of reduction of the size of the lots because you have to have the retention areas no matter what.She does not count the retention areas as play areas. Mr.Mike Curley stated it appears there needs to be some more work on this plat and asked if he could ask some questions in order to get some direction. Mayor Coleman stated he could. Mr.Mike Curley stated they had discussed what 3 lots to delete and it seemed to make more sense to do it contiguous to a larger area to make it more usable,but they can eliminate 3 others if that is what they wish.They felt since the retention basin would be dry 90-95% of the time the area could be used more if it was together.It does not matter which 3 lots they eliminate,however.He added if these 3 lots are eliminated,they are also eliminating a street,which would give them even more area.He stated he would like a comment from them as to where they would like the open space located. Councilmember McClain stated the open space is not the only problem.She added she thought planning and zoning REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 13 OF 23 was being generous when they told Mr.Ross to bring back a plat showing lots no narrower than 55'or smaller than 5,500 sq.ft.He was not offering up anything else.Everything else is the same as for a subdivision with 7,000 sq.ft.lots.He was told that they want larger lots and he stated he would take his chances with the council. Mr.Mike Curley stated he has heard the comment but added this plat has twice as many large lots as smaller lots, which is the reverse of Renaissance Point. Councilmember McClain stated Renaissance Point is not what is making them happy.The subdivision across the street from them being built has 7,000 sq.ft.lots,curved streets,water retention with a wash going through it and it is a beautiful subdivision. They did not even go in for the planned development for it.She added here they are asking for a planned development with smaller lots and the city is getting nothing in exchange. Councilmember Insalaco stated this is Apache Junction and they do not care what the other cities have done.He stated he would never vote for any subdivision with a lot any smaller than 55' width or 5,500 sq.ft.That is his opinion,and it will be the same for any developer. Councilmember Eck added he thought planning and zoning had been pretty clear that the minimum had to be 55'in width. Mr.Mike Curley stated the message had been delivered.He assumed that when the council approved the previous zoning case that this would be accepted.They will go back and look at this again with their comments in mind. Mayor Coleman asked if this needed to be sent back to planning and zoning. Interim City Attorney Bill Farrell stated if the next plat differs substantially from the current plat,it should be sent back to planning and zoning.If the modifications are the ones suggested by the applicant earlier,the council can retain jurisdiction.It is a judgement call.If the notice of the hearing was adequate to tell everyone what it was for consideration,it is usually not sent back.If in staff's opinion the plat is significantly different,as a courtesy it should be sent to planning and zoning. Development Services Director Larry Harmer stated it would depend on what was seen.If the lots are fewer and of the dimensions discussed and the street pattern remained unchanged,that would REGULAR MEETING OF THE CITY COUNCIL JULY 1,1.997 PAGE 14 OF 23 be significant compliance and would not have to be seen by planning and zoning.If the street pattern changes,then it would have to go back to planning and zoning. Mr.Mike Curley stated this is the third hearing and they are entering financial constraints.They would like to come back to the council with a plat in conformance that would not substantially deviate from the current plat.If staff deems it does not,they can send it back to planning and zoning. Vice Mayor Surra asked if they could clarify what he thinks the council said. Mr.Mike Curley stated the lot size needs to be a minimum of 55'wide with no lots smaller than 5,500 sq.ft.and the open space needs to be improved.He would like to keep the 3 deleted lots where they are unless he hears differently from council. Vice Mayor Surra stated with the bigger lots it may look different. Mr.Mike Curley stated it does not matter where they take the 3 lots from,but he believes they will get more utility out of them if they delete the lots shown. Vice Mayor Surra stated she is satisified that they understand the council's goals. Interim City Attorny Bill Farrell stated they may wish to continue the preliminary plat to have it come back to them. Vice Mayor Surra asked what date they wished to continue it to. City Manager Curtis Shook stated he did not believe a time constraint should be put on it. Vice Mayor Surra stated she thought a date had to be included if it was to be continued. City Clerk Kathy Connelly stated if there is no date it has to be readvertised. Development Services Director Larry Harmer stated this is a plat,not a rezoning.It is adminstrative and is published as part of the agenda,it is not advertised as a public hearing and does not have to meet the 15 days requirement. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 15 OF 23 Vice Mayor Surra asked the applicant if they knew when they might like to have it come back. Mr.Mike Curley asked what the options were for the dates.He was told there was July 15,August 5 and then September. Development Services Director Larry Harmer stated July 15 would require a staff report done by Monday morning.It would have to be turned in to them by tomorrow. Vice Mayor Surra stated it looked like it would be August 5.She stated they could continue it to September if necessary. Mr.Mike Curley stated he would be in San Diego on July 15,August 5 should be fine. City Manager Curtis Shook stated there will be redrafting and he does not want to see any false starts.He suggested prior to this being placed on the council agenda,staff should feel that the next time it should be able to pass. Vice Mayor Surra MOVED THAT WE CONTINUE THE PRELIMINARY PLAT APPROVAL UNTIL A TIME THAT STAFF FEELS THAT THERE HAS BEEN ADEQUATE PREPARATION AND MATERIAL TO SUBMIT TO THEM FOR AN AGENDA ITEM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was some discussion by council and Mr.Galad Elflandsson over the whether the public hearing had been closed and about the motion to continue. Interim City Attorney Bill Farrell stated a motion to continue is only debatable as to the proprietariness of the date or the continuance. Mayor Coleman stated he would prefer to get Mr.Elflandsson's comments when it is continued and brought back before them. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 16 OF 23 Mr.Galad Elflandsson stated his comments could be important in the redrafting of the plat. City Clerk Kathy Connelly stated if he is going to continue to speak he needs to come to the podium. Mayor Coleman stated he would reopen the public hearing and give him two minutes. Mr.Galad Elflandsson,a member of the Planning & Zoning Commission,addressed the council.He stated planned development has become as excuse to down -size to smaller lot sizes.He is not downgrading the quality of the construction and aesthetics,but they are not seeing anything different from what is being seen any where else in the valley.The commission wants to get away from that.The two car garage is always out in front of the home.You see the same elevations and garages everywhere you go.They would like to see innovative designs and imagination. He would like to see 7,000 sq.ft.lots,or any size lots,with interesting homes. hearing. OLD BUSINESS. None. NEW BUSINESS. BOARD & COMMISSION APPOINTMENTS/ REAPPOINTMENTS the council on this item.She stated per boards and commission that have positions has interviewed the applicants.The appoi individually. Mayor Coleman closed the public )City Clerk Kathy Connelly briefed the city code there are a number of that expired on June 30.Council ntments can be as one motion or Mayor Coleman called for any discussion by the council.Council in general discussed whether to use one motion or do it individually.It was decided to do it individually and they discussed how it should be done. Mayor Coleman called for any discussion on the Board of Adjustments.With no discussion,he called for a motion. Councilmember McClain MOVED THAT THE FOLLOWING APPOINTMENTS BE MADE TO THE BOARD OF ADJUSTMENTS,TWO TERMS TO EXPIRE JUNE 30,2000:ELISE OTERO AND JOHN HARTWIG FOR REAPPOINTMENT. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 17 OF 23 Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for any discussion on the Construction Code Board of Appeals.He asked if they had heard from Mr.Radil. Vice Mayor Surra stated they only have the two applicants.Vice Mayor Surra MOVED THAT THE FOLLOWING APPOINTMENTS BE MADE TO THE CONSTRUCTION CODE BOARD OF APPEALS,FILLING TWO TERMS TO EXPIRE JUNE 30,2000:MEL MULHOLLAND AND EDWARD TIRADOR. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for any discussion on the Economic Development Commission. Vice Mayor Surra MOVED THAT WE NOT FILL THOSE POSITIONS AT THIS TIME. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT THE FOLLOWING APPOINTMENT BE MADE TO THE HEALTH & HUMAN SERVICES COMMISSION,ONE TERM TO EXPIRE JUNE 30,2000:CARMEN HUERTA. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 18 OF 23 Mayor Coleman called for discussion on the Industrial Development Authority. Vice Mayor Surra MOVED THAT THE INDUSTRIAL DEVELOPMENT AUTHORITY HAVE AS ITS REAPPOINTED MEMBER RONALD MASON FOR ONE TERM TO EXPIRE MARCH 18,2003,AND THAT THE OTHER POSITION BE LEFT UNAPPOINTED UNTIL FURTHER CANDIDATES ARE SELECTED FROM THE TALENT BANKS. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for any discussion on the Library Board. Vice Mayor Surra MOVED THAT PAMELA RINEHOLT BE REAPPOINTED TO THE POSITION ON THE LIBRARY BOARD FOR ONE TERM TO EXPIRE JUNE 30,2000,AND THAT THE TWO POSITIONS THAT ARE STILL OPEN BE REVIEWED AT A LATER TIME WHEN THERE ARE OTHER TALENT BANK APPLICATIONS AVAILABLE. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT THE FOLLOWING REAPPOINTMENT BE MADE TO THE MUNICIPAL PROPERTY CORPORATION,ONE TERM TO EXPIRE JUNE 30,2000:RICHARD TAYLOR. Councilmember McClain SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT THE APPOINTMENTS BE MADE TO THE PARKS & RECREATION COMMISSION,THREE TERMS TO EXPIRE JUNE 30,2000:CARLEEN CRANMER,PAT RICHMOND AND JAMIE TAYLOR. Vice Mayor Surra SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 19 OF 23 VOTE:Unanimous. The motion carried. Councilmember Urich MOVED THAT THE FOLLOWING REAPPOINTMENTS BE MADE TO THE PLANNING AND ZONING COMMISSION,TWO TERMS TO EXPIRE JUNE 30,2000:RICK GARDNER AND SHARLENE GILLETTE. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for any discussion on the Public Safety Retirement Board. Vice Mayor Surra MOVED THAT THE APPOINTMENT FOR THE CITIZEN MEMBER OF THE PUBLIC SAFETY RETIREMENT BOARD BE PUT TO A LATER DATE WHEN THERE ARE OTHER TALENT BANK APPLICATIONS REVIEWED AND THAT WE NAME THE DEPARTMENT MEMBER,SERGEANT ROBERT HAYWOOD,AS THE REPRESENTATIVE FROM THE POLICE DEPARTMENT FOR A TERM TO EXPIRE AUGUST 6,2001. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Insalaco MOVED THAT THE TRANSPORTATION BOARD,THREE TERMS TO EXPIRE JUNE 30,2000:TO REAPPOINT HERB JORDAN,MEL MULHOLLAND AND MARIA EWELL. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF POSSIBLE APPOINTMENTS OF CROSSROADS REDEVELOPMENT/REVITALIZATION DISTRICT ADVISORY BOARD ) )Mayor Coleman called for any discussion by the council.There being no discussion,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 20 OF 23 Councilmember McClain MOVED THAT THE FOLLOWING INDIVIDUALS BE APPOINTED TO THE REDEVELOPMENT DISTRICT ADVISORY COMMITTEE:MIKE MCCALL,NAVIN KUBER,HERB JORDAN,RENE LESIEUTRE,JOANN MICKOLICH,GARY EIDE,TOM KOLLENBORN AND LAURA LYTLE. Vice Mayor Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES.TIMES,LOCATIONS.AND PURPOSES Vice Mayor Surra MOVED THAT MONDAY, JULY 14,AT 7:00 P.M.FOR A BUDGET WORK SESSION;TUESDAY,JULY 15,7:00 P.M. FOR A BUDGET WORK SESSION;THURSDAY,JULY 17,WITH TIME TO FOLLOW AFTER COUNCIL IS POLLED,FOR A SPECIAL MEETING;AND TUESDAY,AUGUST 5,TIME TO BE SCHEDULED FOR THAT SPECIAL MEETING. Vice Mayor Surra and City Clerk Kathy Connelly discussed the times for the meetings on July 17 and August 5 with the remainder of the council.Vice Mayor Surra continued her motion with THAT THE TIME BE 6:00 P.M.FOR THE SPECIAL MEETING ON JULY 17 TO BE HELD IN THE CITY COUNCIL CHAMBERS,AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.,AND A WORK SESSION AT 7:00 P.M.,BE HELD ON MONDAY,JULY 14,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JULY 15,1997,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Development Services Director Larry Harmer informed the council that Commissioner Gillette's husband just recently passed away. REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 21 OF 23 ADJOURNMENT ) )Mayor Coleman adjourned the meeting at 9:23 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of June 17,1997. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Approval of Resolution No.97-18,Authorization to submit application and implement Community Development Block Grant (CDBG)projects. 5.Consideration of Employment with City Attorney. 6.Approval and Appointment of Additional Members to Focused Future Action Team. ACCEPTED THIS COUNCIL OF THE SIGNED AND ATTESTED DAY OF m y ,1997,BY THE MAYOR AND CITY F APACHE JUNCTION,ARIZONA. TO THIS 15TH DAY OF JULY .1997. Mayor ATTEST: KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 22 OF 23 by ANNE MARIE SURRA Vice Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 1st day of July,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of July,1997. KATHLEEN CONNEL City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1,1997 PAGE 23 OF 23