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HomeMy WebLinkAbout1997-09-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 16,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on September 16,1997,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 7:00 p.m. INVOCATION Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember McClain led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Eck Councilmember Urich Councilmember Insalaco Councilmember McClain Councilmember Durbala Staff Present: Others Present: City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Gordon Grandy Parks & Recreation Director Jeff Bell Public Works Director Doug Dobson Development Service Director Larry Harmer Presiding Judge David F.Alexander Associate Planner Rudy Esquivias Assistant Planner Paul Michaud 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 SEPTEMBER 16,1997 PAGE 1 OF 24 SERVICE TO THE COMMUNITY BY THE FOLLOWING EMPLOYEES:VICTIM/WITNESS COORDINATOR JUDY ROBLES;PATROL OFFICER JEFF ROBINSON;PUBLIC WORKS DIRECTOR DOUG DOBSON;THE PUBLIC WORKS DEPARTMENT STAFF;AND THAT THE BIDS FOR LEGAL DEFENSE FOR INDIGENTS BE REJECTED AND THE MATTER CONSIDERED AT A LATER DATE AFTER BIDS ARE REQUESTED USING A PRO FORMA CONTRACT CONTAINING MODIFICATIONS SUGGESTED BY THE CITY ATTORNEY;AND THAT THE AWARD OF BID FOR DEFENSIVE DRIVING SERVICES BE GIVEN TO NATIONAL TRAFFIC SAFETY INSTITUTE AND COMMUNITY SERVICES ASSOCIATES,INC.AT A PROVIDER SERVICE FEE OF $28,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE TWO CONTRACTS. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Public Works Director Jeff Bell recognized the Fraternal Order of Eagles Lost Dutchman Aerie for their contribution to the "Pool Pals"program.They have funded swimming admission fees for economically disadvantaged children and families for the past six years.He commended the work of Dick and Joyce Nelson,Cindy Thrasher,Ray Young and Pat Richmond.The Eagles have contributed over $8,000 during that time.Mayor Coleman presented the Eagles with a recognition plaque. Public Works Director Jeff Bell recognized Ryan Allan for his outstanding performance in the Hershey's National Track and Field Competition.He described how winners qualify from the local level and advance through the regional competitions to the national finals.Competitors are only allowed to choose one event to compete in,and Ryan chose to run in the 100 meter dash. Ryan won the silver medal at the national finals in Hershey.Mayor Coleman presented Ryan with an appreciation plaque. Main Street Board Chairman Tony Vehon presented the city with a recognition plaque for the Focal Point being the recipient of the State Main Street Programs Public Improvement Award.The Focal Point was chosen over two other finalists,the City of Williams for a dinner theatre and the City of Douglas for a streetscape project.The City of Apache Junction was awarded a plaque for being a finalist,plus a plaque for winning the award.Tony Vehon then thanked the council for their support of the project. Mr.Lon Meyer from Southwest Risk Services,Inc.presented a recognition plaque to the City of Apache Junction from the Arizona Municipal Risk Retention Pool for being a Charter and ten year member of the pool.He thanked the commitment of the city to the program and acknowledged them as being one of the first Arizona cities and towns to make that commitment.He REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 2 OF 24 commended the staff he has worked with from the city,especially Keith Lewis, George Hoffman and Kathy Connelly. CALL TO THE PUBLIC Mr.Keith Stachar,1153 N.Holmes,Apache Junction,addressed the council.He is concerned about a recent rezoning case in front of the council that involved manufactured homes.He understood the case fit the general plan and all the criteria set forth by ordinances but it did not receive a favorable outcome.He is concerned that this may lead to a moratorium and requested the issues as to why this case was not approved.He inquired if the case would have been passed if it had been site -built homes instead of manufactured homes. Mr.Jim Brinkman,635 E.Canyon,Apache Junction,addressed the council.He stated he has bought property in the past,similar to what Mr.Kos has,and had no trouble rezoning it.He believes the "rules" that were in effect when he has previously rezoned have now changed.He requested council to follow the rules and not allow a personal bias to judge something. Ms.Sandie Smith,575 N.Idaho Rd.,Apache Junction,the Pinal County Supervisor for District 2,addressed the council.She commented on the tax issue regarding AHCCCS for Pinal County,which takes up 43% of their taxes. Governor Hull has indicated she is interested in a special session in which this issue would be included and requested citizens to contact the people listed on their flyer.All the counties have united and they have a 4 -point resolution to solve the problem if they will not remove it from property tax. They believe different funding should be available and there should be an average across the state.She finished by commenting on the Focused Future meeting she attended having a vibrant group with fresh ideas. CITY MANAGER'S REPORT None. PUBLIC HEARINGS PROPOSED ORDINANCE NO.1008/PZ-97-15 SUNRISE RV RESORT )Development Services Director Larry Harmer briefed the council on this item.He stated this is located south of Broadway and east of Ironwood.It contains a package treatment plant in the southwest corner which was reaching the failure point.The owner of the park is now hooked up to the sewer system and the plant has been removed according to Arizona Department of Environmental Quality specifications,with the clean up certified by that agency.The owner would now like to add 17 additional spaces around the edges fronting the existing roadway pattern,with the remaining space being used for retention and a small recreational REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 3 OF 24 facility.The planning commission approved it unanimously.Staff has advised the owner they will have to amend their plat in order to execute this plan,as the way it is recorded they are not allowed to have any open spaces on that tract.It will have to be followed by a planned development amendment.The planning commission recommended 8 stipulations involving maintaining the Arizona Department of Environmental Quality regulations and clearances,the payment of impact fees,the retention area being landscaped in desert materials,the existing emergency access route being maintained,the new spaces need to be in conformance and other standard stipulations.He finished by saying the applicant's agent was in the audience. Mr.Pat Suddarth,the agent for the owner,addressed the council.He had nothing further to add to the briefing, but thanked Paul Michaud,Rudy Esquivias and Gordon Grandy for their assistance in getting the project to go forward. 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.There being no further discussion,he called for a motion. Councilmember Urich MOVED THAT ORDINANCE NO.1008 BE READ BY TITLE ONLY AND THE READING OF THE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No.1008 by title only. Councilmember Urich MOVED THAT ORDINANCE NO.1008,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1007/PZ-20-97 KOS/EWELL REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 4 OF 24 )Associate Planner Rudy Esquivias briefed the council on this item.This is to rezone a 10 acre property just south of Superstition on the east side of Cactus Road from GR to CR-3/MH, single family residences on a minimum of 7,000 sq.ft.lots. City Attorney Joel Stern announced that Councilmember McClain would be declaring a conflict of interest on this item.She will not vote or participate but would remain in the room. City Clerk Kathleen Connelly stated Councilmember McClain needed to make the declaration. Councilmember McClain declared she would refrain from voting or commenting due to a conflict of interest. Associate Planner Rudy Esquivias continued with his briefing.There are two 5 acre lots,with the north lot having a manufactured home on it.The owner wants to create a future subdivision of plus or minus 30 lots for either conventional or manufactured homes.Most of the zoning around the site is manufactured home zoning,with most of the surrounding homes being manufactured homes.There is one 5 acre subdivision adjacent to this property which has split zoning.The lots in the area range from 5 acres to 4 acre.The general plan calls for medium density with a manufactured home overlay.The plan in the packet is only a concept plan,the preliminary plat and final plat process are still pending.It is not a planned development,it is straight zoning.The smallest lot is slightly under 9600 sq.ft.with the largest being over 18,000 sq.ft.There is one open space set aside which is not required.The retention areas will be in the southwest corner of the property which concurs with the general flow of the area.The owner proposes to landscape the Cactus Rd.frontage,and he proposes to require a minimum size of a double -wide manufactured home,ground setting,and garages and sheds must be made out of certain materials.They have received 10 protest petitions of which 4 have been invalidated for various reasons.The 6 valid petitions represent 29% of the adjacent land area and will force a 3/4 vote of the council.The reasons mentioned for protesting include noise and traffic increases,desert rape,loss of rural horse property lifestyle,increases in density,the potential for contamination to groundwater runoff,and the anticipation of sewer and septic tank problems.These are valid concerns,however,the request is in compliance with the general plan and the land uses in the area.The applicant plans to put in a sewer line from the nearest point,which will require 3700ft.of sewer line.Properties within 200'of this line would become eligible to hook up to the sewer.The planning commission heard a lot of opposition to this rezoning at their meeting commenting on additional concerns such as the loss of the mountain views,the lighting of the night sky due to street lights,preference for a less dense development and the streets not being able to handle the additional impact.The applicant stated at that time that circulation and drainage problems could be handled at the time of platting. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 5 OF 24 The commission felt the plan was in character with the neighborhood and recommended approval subject to 3 stipulations regarding the dedication of rights -of -way,property development within two years of approval and the rezoning be dependent upon sewer service at the owner's expense.Staff concurs with the planning commission's recommendations. Councilmember Eck asked if this is not approved,how would the land be split,as there does not appear to be any access other than Cactus Road. Associate Planner Rudy Esquivias stated the owner would have to come back and request a private access easement to split the lots.The street standards must be improved unless waived by the council.Under the present zoning,Mr.Kos could request a private access easement to split the two lots.He could only split it into 3 lots.Other individuals buying the land could do further land splits.Under the present zoning,the ten acres could be made into eight 14 acre lots. Councilmember Durbala asked about the reasons for the petitions being invalidated for lots 4A and 15E. Associate Planner Rudy Esquivias stated 15E was invalidated because there are two property owners and only one signature was notarized.4A was invalidated because the owner of record did not sign the petition. lot 15E is. Councilmember Eck asked how large a Associate Planner Rudy Esquivias 1/3 of an acre. Mayor Coleman asked how many 10 acre in the area that could be turned into subdivisions. stated it is 1/3 of an acre. parcels were stated there Trail,Idaho CR-5.There college,and are about 80 development i Associate Planner Rudy Esquivias are quite a few,particularly around the area of North Apache and Royal Palm.Most of those are zoned GR with some being zoned is additional property adjacent to the college owned by the some at the corner of Winchester and Junction.He believes there to 90 acres in Section 21 that are still available for n a variety of parcel sizes. Mrs.Maria Ewell,1330 W.Roundup, representing the applicant,addressed the council.She believes the owner's plans for the area are what the city is looking for.This is a large lot subdivision in compliance with the city's general plan.She reiterated some key points made by the associate planner,including this being a straight REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 6 OF 24 rezoning,the number of lots,the types of homes,that the rezoning is for this property only,the lot sizes,the open space and the retention area.She stated it would not be an adult,mobile home or travel trailer park.She added it will have CC&R's which will be governed by an independent agency until the homeowners'association is capable of running the responsibilities. She stated any manufactured homes in the subdivision must be at least double- wide,be ground set and cannot be older than a 1992 model;they cannot have metal roofs or siding except for horizontal siding.All carports or patios constructed must be of wood with tile or shingle roofs.Garage roof elevation cannot exceed 14'in height;the doors cannot exceed 8'.The owner will extend the sewer system 3/4 of a mile to provide services to the subdivision. No individual septic tanks will be allowed on the lots within the area. Neighboring property owners will have the opportunity to connect to the system.It will not be walled;homeowners will have the option on the type of fencing they will have.Property values should increase,as the lots and homes in the subdivision should range from $80,000 to $125,000.Dust and desert vegetation destruction will be kept to a minimum.They believe traffic will be kept to a minimum as only 30 families will be added.This should result in lower traffic volume than what was originally proposed,which was a public riding and boarding stable.She finished by stating the owner is providing most of the mandatory requirement without asking for any privileges. She requested approval on behalf of the owner. Vice Mayor Surra asked about the manufactured homes that would be allowed into the subdivision not being any older than 1992. Mrs.Maria Ewell stated that would be the year of the manufacturer. Vice Mayor Surra asked if the homes are placed there after 1997,does that still mean the homes coming in could not be older than 5 years. Mrs.Maria Ewell stated that was something identified by the planning commission,and it could be addressed in the preliminary plat.They could reword the CC&R's to include that five year time limit based upon the current year. Councilmember Durbala asked what the potential cost of running the sewer line would be. Mrs.Maria Ewell stated she did not have exact figures,but she believed it to be approximately $75,000.It would open the entire neighborhood up to that service,and the revenues would be available to the sewer district. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 7 OF 24 make the sewer system available to other allow the property owners the ability to hearing on the item. Mayor Coleman asked if that would subdivisions in that area. Mrs.Maria Ewell stated it would connect to the sewer system. Mayor Coleman opened the public Mr.Thomas D.Lake,1424 E.Scenic, addressed the council.He stated he is not against land development.He thinks i t interesting that the applicant will allocate a given amount of land for recreational purposes when the land deviates 25'from level at the rear of the property extending the length of the property.There are two washes adjacent to each other that converge less than 35'across Scenic.One wash is in his backyard.He delineated the problems he believes will incur if a 12" culvert is put in to handle the drainage problem.He stated the intersection at Cactus and Superstition is a blind intersection due to the wash,and this could cause additional traffic problems.There are gulleys,washes and impasses that the sewer system cannot go through.He inquired who would be liable for the soil compaction and the road collapse if it occurs.The wash to be diverted is 25'in depth and 100'-200'in width,and if the city allows this to happen on behalf of a developer,it will tell the citizens what the council thinks of the rural lifestyle. Mayor Coleman requested Mr.Lake to summarize. Mr.Thomas D.Lake continued by saying he and his neighbors are upset.He believes that staff and council are doing an excellent job,but he does not want to see 30 new homes and street lights from his back porch.He does not want to see the additional traffic and his tax dollars being spent to refurbish Superstition,Tomahawk and Scenic for the purpose of the developer.They should pay for it.Pinal County requires an expensive survey to be completed to see what the effect of diverting a wash would be,and the developer has to pay for it.He wanted to know who would pay for this survey here and who will bear the responsibility if this becomes a major problem.This will set a precedent for anyone else who wants to do the same thing.He requested they look into the potential violations of law for tampering with river beds,have an impact study on the traffic and find out who will pay for the research required. Councilmember Durbala asked where Mr.Lake lives according to the map. Associate Planner Rudy Esquivias stated Mr.Lake lives on lot 17 and he designated where it was on the map. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 8 OF 24 Mr.Robert Christensen,510 N. Tomahawk,addressed the council.He is concerned with the encroachment of development and wants to continue in the rural lifestyle.He bought the property east of him to insure he would not be fenced in.His property will be affected by this as 330'of his property adjoins the property to be rezoned.He does not want the street lighting as he wants to be able to see the stars,and bought his property to be secluded.He agreed with the topographical problems raised by Mr.Lake.He finished by saying this rezoning would affect him greatly. Mrs.Helen Christensen,510 N. Tomahawk,addressed the council.She stated she moved out here for the sole purpose of living in a general rural area.She wants her children to grow up in a small community and enjoy what they have.The children in the neighborhood can safely play on her property.She agreed that the wash mentioned by Mr.Lake is very large and a bulldozer cannot fill it.Houses cannot be put there.Near the corner where the proposed recreation area of this property is located,up to 12 horses may be stabled and she does not recommend a food area to be adjacent to them.The residents will complain about the flies in the area.They will end up being the majority and the general rural designation will be lost.She has no problem with acre lots or mobile homes,but she does not agree to homes on a private access road. Neighbors can get angry and cause others to be landlocked.A public road should be put in for this amount of homes.She stated the people already living there bought those properties for a reason;Mr.Kos could have bought other properties already zoned for this in another area.He should not disrupt the neighborhood. Mrs.Lynnette Mewhorter,1378 E. Scenic,addressed the council.She stated she has contacted a number of people who were going to purchase homes on Cactus,but upon learning that 30 homes may go in,have decided they do not want the home on Cactus or they will make a reduced offer.She does not like to see all these homes going in without fencing.She also noticed the two cul-de-sacs are over the two main washes.She commented that most of the 40 acre parcels mentioned by Mr.Kos are general rural if you include his 10 acres.She believes that if he wants to do this,he should go to another area.She mentioned he would have to move a lot of dirt and would create a dust hazard.She stated there were a lot of people out of town who did not get their petitions until too late,but they tried to contact those they could. Mr.James Ladd,1868 E.18th Avenue, addressed the council.He asked how people of his generation could afford residences running $80,000 to $120,000.Most people in the area make the minimum wage.He stated if this is allowed to go through,he should be able to turn his 14 acres and turn it into 3 houses.He came out here to live in the desert,see the stars and the mountains,and he wants it to remain the way it is. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 9 OF 24 Mrs.Maria Ewell stated the majority of the concerns voiced this evening should be addressed at the preliminary plat process.The city engineer and sewer district have yet to go over this. This request is for rezoning only,and the concerns should be resolved in the preliminary plat process.She wanted everyone to understand that this is a 30 lot land split,which would occur similarly if individuals bought the properties and were allowed to split to the maximum. Mayor Coleman stated he thought it was a 14 acre minimum,which would mean only 8 lots would be available. Mrs.Maria Ewell stated each person could purchase that size lot and then split it further in a rezoning. Mayor Coleman asked if they are trading that possibility for the 30 lots. Mrs.Maria Ewell stated that is only the potential. Mr.Thomas D.Lake,1424 E.Scenic, added that he has never seen a government action that has taken place be undone.If this is approved,he will watch to see how the water is done,and then he will do the same thing with his lot.He believes this will be turned into a mobile home resort. Mayor Coleman closed the public hearing and opened the item to discussion by the council.He clarified that this is not a housing type issue for him.He believes the area between the "Y",between State Route 88 and Old West Highway,should remain a rural area with 14 acre minimums.He does not want to lose any more in that area,and prefers to see horse properties remain there.He wants to see the four square miles of equestrian trails northeast of the city maintained.He does not believe in setting a precedent in this area by allowing this subdivision to go in.Though it is generous to run the sewer line to the area,the trade off is not worth it.The lifestyle should be preserved. Councilmember Eck agreed with Mayor Coleman.He likes the lot sizes and horse privileges,and they should be protected.The general plan calls for a medium density area,which the present zoning is. Mayor Coleman stated they have complied with the general plan,but he does not agree with the general plan. He does not like medium density in that area.The zoning is 14 acre minimum right now,which is what he wants to see.The surrounding properties rely on the general rural. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 10 OF 24 Councilmember Eck remarked he sees a lot of TH around there. Mayor Coleman agreed and stated there will probably be more if this goes through. Councilmember Eck stated he did not think there could be any more TH without creating a subdivision. Mayor Coleman stated they have complied with the general plan,but he believes and thinks council agrees that the general plan needs to be updated and changed.What is being considered tonight is the zoning,which is already in place for the 14 acres. Councilmember Durbala and Associate Planner Rudy Esquivias discussed the revisions to the general plan,the latest major update being in 1989.This particular area was amended in 1992 and 1994.It was mentioned that prior to 1992 this area was high density,so those people who lived there prior to 1992 bought into the area knowing it was designated for high density,but not zoned for it. Councilmember Durbala asked if this could have gone for even more at that time than what is being asked for now. Associate Planner Rudy Esquivias stated that is correct. Councilmember Durbala stated when he first looked at this he thought it was wrong for the community.Then he thought about the "signal" the council might be sending to people who bought properties with the intention to resell or invest it for their children.He is concerned about not following the general plan.The city should work with the people and the community for what is best for the community.He is looking at the sewer being put in by this developer and the residents who could hook up to it now or in the future,as there will be more developments in the future. Mayor Coleman added there will be if this is approved. Councilmember Durbala stated he believed it would happen whether this is approved or not.He believes this is a good plan and is well thought out.He added there are seven lots in the area that are smaller than the ones he is putting on the property.Other areas across the street are showing the same trend,the trend of people wanting the smaller lots.He questioned the right for council to tell an individual that he cannot develop his land.He agreed they should work with the zoning issue,and not whether it is manufactured or stick -built homes. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 11 OF 24 Mayor Coleman reiterated the zoning as it stands right now is 14 acre miminum. Councilmember Durbala asked if that was the case why were there so many land splits in the area. Mayor Coleman stated it is because, in his opinion,mistakes were made in the past. Councilmember Durbala stated that may have been the case,but he thinks i t is a viable project for the city.I t has larger lots and some CC&R's. Mayor Coleman asked what the city's jurisdiction is on CC&R's. Associate Planner Rudy Esquivias stated they have no jurisdiction unless they are adopted into a rezoning ordinance.There is the ability to approve or deny or suggest amendments. City Attorney Joel Stern added unless there is an ordinance adopted,i t is usually a civil matter between the parties. Mayor Coleman stated he does not feel a higher density in this area is appropriate.If he is shown something really creative,he might be convinced,but this area does not lend itself to that.He does not want to see subdivisions in this area detracting from the lifestyle there. Councilmember Durbala commented this has been clouded with other issues such as the traffic,and he doubts there will be as many as sixty cars there.The study has not been done on the water runoff.Lots may have to be lost over the drainage.He questioned whether the owner should have to spend money to determine this before it can be approved,as it has not been done to anyone else.He added this developer is trying to do something with larger lots,which is what the council had been requesting. Mayor Coleman stated for him a larger lot would be 14 acres.That is what is designated now.He questioned what would happen to the other parcels when the next owner comes along and wants to do the same thing. Councilmember Durbala countered they should then stick with the 5500 sq.ft.that is called for in planned developments.The rules have to be followed the same way. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 12 OF 24 Mayor Coleman stated he would hate to see that area of the city go. Councilmember Durbala stated they needed to look at property owners'rights as well. City Attorney Joel Stern asked the mayor to remind the audience that this is now a closed meeting and no contact, questions or reactions should be directed at the council. Mayor Coleman stated this is a difficult decision for all of them and it does deserve council discussion. Councilmember Urich stated she had driven around the property several times and she could not envision this development there. Councilmember Eck stated he respects the wishes of the neighbors of the property.He had previously been going by what was stated in the general plan for the area and was unaware that some believe i t should stay 14 acre minimum.He does not believe planning and zoning was aware of this,either.He feels the general plan should be changed.People are coming in,purchasing these properties and trying to develop them under the general plan and the rules we set. Mayor Coleman agreed that the general plan calls for medium density,but the specific zoning calls for 14 acre minimum or general rural. Vice Mayor Surra stated when people purchase with the intent to ask for a rezoning,that is their risk.It may not meet with approval from the neighbors.We have to remember that the general plan is just a general plan,whereas zoning ordinances are written in stone.This zoning ordinance lists this as 14 acre minimum,and there are reasons for that.I t is so the people living up there can maintain a lifestyle accomodated by that size lot.She feels there are enough people in that area who would be hindered in continuing that lifestyle,and consideration should be given to them.She does not wish to see the zoning changed. Mayor Coleman called for a motion. Councilmember Durbala MOVED THAT ORDINANCE NO.1007 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 13 OF 24 VOTE:6-0-1 (Councilmember McClain abstained due to a conflict of interest). The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. City Attorney Joel Stern reminded the council that this will take a 3/4 vote.With Councilmember McClain conflicting out,5 out of 6 votes are required. Councilmember Durbala MOVED THAT ORDINANCE NO.1007,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Eck SECONDED THE MOTION. VOTE:3-3-1 (Mayor Coleman,Vice Mayor Surra and Councilmember Urich voted in opposition,Councilmember McClain abstained due to a conflict of interest.) The motion failed. Mayor Coleman recessed the meeting for ten minutes. Mayor Coleman reconvened the meeting.He gave recognition to Al Pope,a member of the audience,who turned 93 years old yesterday. APPEAL OF ORDINANCE NO.940/PZ-97-23, ALFRED BELLUCCI )Development Services Director Larry Harmer briefed the council on the item.The property is located at 1721 W.Superstition and the owner is requesting a variance.This is one of the properties referenced in Ordinance No.940 wherein possible variations may be required due to dimensions and contraints.The biggest concern by the applicant is the 8'masonry wall.This commercial property is in effect surrounded by residential properties.The front landscaping already exceeds the ordinance.Two to three times the office space already on the property could be added due to the size of the property.The applicant is concerned over the difference in the cost between a 6'and 8'wall.Cost estimates provided by staff show an 8'commercial grade wall to run $8,500,which is approximately twice what a 6'residential grade wall would run.He advised council they are hearing this case because the ordinance as written provides a simpler process allowing council to hear this instead of the Board of Adjustment.This involves a fence of over 200'in length. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 14 OF 24 Ms.Carol Chamberlain,2145 E. Quince,Mesa,addressed the council.She represented the owner.She mentioned that the property east of this property is the 4 Sons Gas Station which has an existing 6'wall,and the property to the west is a vacant lot which is zoned residential.It only has billboards on it at this time.The present zoning for the area does not allow for businesses with a lot of noise associated with them.They are already in the process of installing the paved parking.She added an 8'wall would give the property a hallway effect,which they are trying to avoid.She requested council approve a 6'wall behind the property and to the west,as there is an existing 6'wall on the east. hearing on the item. Mayor Coleman opened the public Mr.James Ladd,1864 E.18th Avenue, addressed the council.He questioned why the city has to keep having walls. Mayor Coleman explained it is to act as a buffer against the residential properties. Mr.James Ladd stated he understood that,but he feels trees would be more attractive. trees on his side of the block wall. Mayor Coleman suggested he could put Mr.James Ladd stated if he put trees on his side of the block wall,he would lose his view of the mountain. He also complimented the recent work done by the city in painting the lines on the city streets. Mayor Coleman closed the public hearing and opened the item to discussion by the council.There being no further discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE APPEAL OF ORDINANCE NO.940,PZ-97-23,SUBMITTED BY ALFRED BELLUCCI,BE APPROVED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 15 OF 24 ISSUANCE OF STREET HIGHWAY BONDS )City Manager Curtis Shook briefed the council on the item.He requested council to authorize him to work with the Municipal Property Corporation in order to put financing in place for street improvements.This is not a final street plan,i t is the concept only at this time.This will allow them to put together the financial package of six million dollars in bonds.He met with the Municipal Property Corporation to review the concept and the bond banker talked to them about the proposed financing.The bond banker is here to answer any questions. Mr.Brian O'Connor of Hutchinson, Shockey,Erley & Co.addressed the city council.The company is the financial advisor for the city and assisted in the bond transaction for the water district a few months ago.Bonds were last issued in 1992 for various purposes and now they are requesting to "piggy back"a proposed bond issue with similar terms and conditions.Interest rates are lower now and the city's finances are more sound than they were at that time.They recommend making some changes in the documents to give the city more flexibility in the future.He recommended borrowing the money at this time as the interest rates are at a twenty-year low. Mayor Coleman asked how long it would take for this to return to council. City Manager Curtis Shook estimated it would take approximately thirty days.He would like to have in -staff discussions to finalize the streets and roads program,come up with a final number gauged to the streets and roads they are going to do,and then come back with the final program. Mayor Coleman asked if he knew what the improvements would be already. City Manager Curtis Shook stated he knew for the most part.There are additional concerns and staff must fine tune the final program. Councilmember Durbala asked if these would be the same streets as those discussed in the Municipal Property Corporation meeting. City Manager Curtis Shook stated they basically were. Councilmember Durbala asked if six million would be enough to do what was planned. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 16 OF 24 City Manager Curtis Shook believed up to that amount would give them 80%-85% with the rest being done by HURF monies.His largest concern is tailoring a number to anticipate the monies coming in from the Highway Users Revenue Fund.They will combine a previous issue with the new issue to eliminate some of the stipulations that were far reaching.The majority of what they pay should be over the next ten years,as the HURF revenue available through the county and the half -cent sales tax expires in 2007,and there is the possibility of it not being renewed. Councilmember Durbala asked if this would be going out on bid or would the city be doing most of the work. City Manager Curtis Shook stated a lot of this would go out to bid,and the city would be bidding on its own projects. Councilmember Eck asked what the actual start date might be. City Manager Curtis Shook stated if they can get the financing in place,he would estimate it to start by January 1.They would gauge the program with how it would affect the traffic patterns.They would like to add major equipment and anticipate sewer connections in those areas. Vice Mayor Surra MOVED THAT THE MUNICIPAL PROPERTY CORPORATION BE AUTHORIZED TO WORK WITH CITY STAFF AND ALDEN CAPITAL MARKETS TO FORMULATE A STREET AND HIGHWAY BOND ISSUE NOT TO EXCEED $6 MILLION DOLLARS AND BASED ON A FORMAL AND FINAL STREETS PROGRAM TO BE ADOPTED BY THE CITY COUNCIL AT A FUTURE MEETING. Councilmember Urich SECONDED THE MOTION. Assistant City Manager George Hoffman stated the firm of Alden Capital Markets has now changed its name to Hutchinson,Shockey,Erley & Co. Vice Mayor Surra deferred to the new name for the bonding company. VOTE:Unanimous. The motion carried. NEW BUSINESS. 1997-98 ECONOMIC DEVELOPMENT AGREEMENT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 17 OF 24 FOR VISITOR CENTER SERVICES AND TOURISM MARKETING WITH THE CHAMBER OF COMMERCE ) )Development Services Director Larry Harmer briefed the council on the item.This is the contract for the funding being provided by the city to the chamber to focus on tourism and marketing.Their committee should have their strategy ready around the first of the year.The film commission amount has dropped as they have had good fundraising activities.The "Elvis Lives"campaign is scheduled for November 15.The media plan is being done differently;they advertised in the National Geographic,Travelers,and Sunset.They missed the deadline on AAA,so they went with Living.The Office of Tourism will co-sponsor these at 50% of the ad costs.There are undesignated funds which will round out the opportunity account to $60,000.These will be pointed towards in -state tourism as the opportunity appears in local magazines with articles on the area.The city attorney has reworked the agreement and made it more definitive and in line with state statutes. Mr.John Evans,2104 N.Ashbrook, Mesa,addressed the council.He represented the Apache Junction Chamber of Commerce.He believes the chamber is at the crossroads of becoming the leading business advocate in the East Valley.Seventy-five new members have been added and he projects 400 members total by the end of the year.They partner with various organizations like Main Street,the Arizona Department of Tourism and the Arizona Department of Commerce to accomplish their goals. They hope to develop a business retention/expansion program with the latter. The oldest partnership is with the city and he is asking for approval of the 1997-98 Economic Development Agreement.They responded to 19,612 telephone calls,12,555 mail requests,8,746 magazine advertising requests and 31,180 walk in visitors in the last year.He has established a tourism task force to provide the vision and goals for an effective tourism program. Councilmember Durbala asked if they are going to have an "Apache Junction Lost Dutchman Days"parade or if there would be a corporate sponsor. Mr.John Evans stated that had not been decided yet. Councilmember Durbala added he hoped they would keep the name of "Apache Junction" whether they have a corporate sponsor or not this year. Mr.John Evans stated he was not here last year and he has realized there has been some controversy over that. Councilmember Durbala added it could be used as some of the promotional information they are sending out. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 18 OF 24 Mr.John Evans added it would be on the top of their agenda and they would definitely address the issue. Councilmember Durbala stated he has seen the artist's renditions of the new building and landscaping and thought it looked beautiful. Vice Mayor Surra asked how many of the total members are within the city limits. Mr.John Evans stated he does not have the figures at this time,but he will get it for her. Vice Mayor Surra asked how they counted the walk-ins to the center. Mr.John Evans stated they cannot determine if it is a new individual each time someone is counted due to the volume of people coming through. Councilmember Eck asked if the chamber is still promoting movie productions. Mr.John Evans commented it is included in the agreement.They attend the film festival in Southern California and introduce Apache Junction to the producers of movies worldwide. Development Services Director Larry Harmer stated they participate jointly with the Arizona Film Commission at the annual Locations Trade Show.They meet with site locations producers who control the money coming into the community.He has met with representatives from NBC,Paramount and others.Sometimes the benefit is a year or two down the road. Councilmember Eck questioned whether any movies had been shot here. Development Services Director Larry Harmer stated parts of Jerry Maguire were filmed here. Councilmember Eck stated the city did not have anything to do with that at all. Vice Mayor Surra stated they are talking about filming in the city. Development Services Director Larry Harmer stated the site may not have been in the city,but they are buying REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 19 OF 24 parts from the hardware store,using the restuarants and grocery stores. There were no motels at that time. Vice Mayor Surra asked what type of package is presented and what is the impact on the city. Development Services Director Larry Harmer stated that is being worked on right now.It starts with a site sequence on the web page,and then proceeds to goods and services available. The production companies look for where they can get inexpensive motel rooms for support crews.The city does not have motels that could house the stars yet,but the city does have a lot of the hardware available.They have looked at some of our streets but the city did not get the movie. Vice Mayor Surra asked if the businesses were getting together to offer a package rate,as in motels offering rooms and restaurants offering meals or catering to a site. Mr.John Evans stated there is nothing on line for that at this time.If a multi -million dollar production comes in,they should be able to put together something quickly. Councilmember Durbala asked if the vice mayor meant that the brochures should state hotels and restaurants are available in the city but tourists may want to visit tourist sites in the surrounding areas. Vice Mayor Surra stated she was talking about the film crews.She would like to see it mention things about a place to stay and where they can purchase their equipment and services needed. She believes this is what the film commission should be putting together;a way for them to spend their money in the city. Councilmember Durbala stated they are getting a small amount of money for that.He would like to see a brochure that would attract all types of people. Vice Mayor Surra stated she is only talking about the film package to be put together. Councilmember Durbala stated he is concerned about getting other people here to spend money on the businesses through the whole year. Vice Mayor Surra stated she had been focusing in on what they had been talking about. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 20 OF 24 Councilmember Insalaco stated he has had them come into his business looking for equipment and they wanted to know the cost and how long it would take to get it there.When they were told it would be there in two days,they did come in and buy it. Vice Mayor Surra commented that is the type of thing she is talking about.She asked if a list is being compiled as to where they can go to make the purchases needed. Development Services Director Larry Harmer stated that has been identified as a project to be worked on by the film commission. Vice Mayor Surra added she wanted to make sure all of the city's businesses were listed. Development Services Director Larry Harmer stated while doing this he had discovered businesses that he did not know the city had in the community. Councilmember McClain asked if the budget was being viewed as beneficial as it is not just for this year,but looking down the road a few years. Development Services Director Larry Harmer stated he has been working on this for the last three years and thinks this is the best package he has brought before the council.They are not at 100% as far as staff is concerned,but they are working towards that and they are getting there rapidly. City Manager Curtis Shook added this contract is an incremental step.The chamber is changing over the emphasis of their program and getting into some new areas addressing working with the business community and the permanent population as well as tourism.He thinks this is closer to the new realities the city is facing. Development Services Director Larry Harmer commented there are a lot of other programs the chamber is working on that are related to these items that the city is not necessarily assisting with on the funding.I t is a broader picture than what the council is seeing. Councilmember Durbala MOVED THAT THE 1997/98 ECONOMIC DEVELOPMENT AGREEMENT FOR VISITOR CENTER SERVICES AND TOURISM MARKETING WITH THE APACHE JUNCTION CHAMBER OF COMMERCE BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 21 OF 24 VOTE:Unanimous. The motion carried. RECONSIDERATION OF ORDINANCE NO.1004/ PZ-97-14,DONALD KOS,APPLICANT )City Attorney Joel Stern advised the council that Councilmember McClain has a conflict of interest on this item. City Clerk Kathleen Connelly stated the councilmember needed to declare it. Councilmember McClain declared a conflict of interest and stated she would not vote or participate in the discussion. Councilmember Insalaco stated the reason why he brought this back is because he did not vote originally the way he thought he was voting.He wanted to have his vote go on record the way he wanted it to be. Mayor Coleman opened the item to discussion by the council.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE REQUEST FOR RECONSIDERATION OF ORDINANCE NO.1004,PZ-97-14,DONALD KOS, APPLICANT,BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:2-4 (Mayor Coleman,Vice Mayor Surra,Councilmembers Durbala and Urich voted in opposition.) The motion failed. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTION None. SELECTION OF MEETING DATES,TIMES,LOCATIONS.AND PURPOSES EXECUTIVE SESSION AT 6:00 P MONDAY,OCTOBER 6,1997,IN CHAMBERS RESPECTIVELY;AND Vice Mayor Surra MOVED THAT AN .M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 22 OF 24 THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,OCTOBER 7,1997,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Clerk Kathleen Connelly reminded everyone that there is a water board meeting next Monday night at 6:00 p.m. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:37 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of September 2,1997. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Rejection of Award of Bid for Contract for Legal Defense to Indigents. 5.Approval of Award of Bid and Authorization for Mayor to sign Contract for Defensive Driving Services. ACCEPTED THIS 7th DAY OF October ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7th DAY OF October ,1997. ToviA44.4 DOUGLAS/COLEMA Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 23 OF 24 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 16th day of September,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of September,1997. jr/ /// KATHLEEN CONNELLY City ClarkCity Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16,1997 PAGE 24 OF 24