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HomeMy WebLinkAbout1996-10-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 15,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on October 15,1996,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 Councilmember Surra gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Council member Barker Council member Hendricks Council member Surra Councilmember Urich Council member Durbala Staff Present: Others Present: City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Larry Harmer Planning Manager Jim Nakagawa Associate Planner Kate Morris ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Richmond MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 1 OF 24 Sergeant Robert "Woody"Haywood;Detective Corporal Bob Nye;Officer Barry Kerr;Library Director Pam Loui;Library employee Trish Pelletier;AND THAT THE RESIGNATION OF JEANETTE HAUCK FROM THE LIBRARY BOARD OF TRUSTEES BE ACCEPTED WITH REGRET;AND THAT THE "FOOD FOR FINES"PROGRAM TO BE HELD DECEMBER 6-23,1996,AT THE APACHE JUNCTION PUBLIC LIBRARY BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Neal Haney,2061 E.Lockwood St.,Mesa,addressed the council regarding Ordinance No.952.He represented the Arizona Mobile Housing Association.He stated it will be costly to the citizens,as there will need to be a vote on the referendum in place,plus other factors requiring expenditure of their money.He urged repealing the ordinance due to the controversy it had created and to start fresh with a new ordinance after gathering information from all the parties involved.He commented some parts of the ordinance appear to conflict with state and federal laws. Mr.Gordon Arkley,3519 E.Shea Boulevard,Suite 136,Phoenix,addressed the council regarding Ordinance No.952.He is a broker with Combined Realty Services Incorporated.He represents a buyer and seller currently in escrow which is awaiting how the ordinance is going to affect the transaction.He is requesting the ordinance to be amended excluding existing mobile home parks. A telephone survey he took of 19 cities and 2 counties in the surrounding areas showed none of them had age limits on mobile homes (three gave no answer).Delaying a decision would limit any sales in the area. Councilmember Surra asked how many parks he had contacted. Mr.Gordon Arkley stated none. Councilmember Surra asked if he had inquired on Apache Junction. Mr.Gordon Arkley stated he had talked to Larry Harmer. Councilmember Surra asked if the city was one of the sixteen replies. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 2 OF 24 Mr.Gordon Arkley stated he believed everything except pre -1976 was allowed in now,and asked Larry Harmer to correct him if he was wrong. Development Services Director Larry Harmer stated he was correct. City Attorney Glenn Gimbut reminded Mr.Arkley that staff cannot enter into discussions during this part of the meeting. Mrs.Susan Brenton,2334 S.McClintock,Tempe,addressed the council.She is the executive director of the Arizona Association of Manufactured Home Owners. The association believes Ordinance No.952 is unconstitutional.They believe the extra expenses could be put to better use.She had contacted eight manufacturers and only two make 16" eaves,which run an extra $1,000. Permanent foundations run $3,500-$5,000,depending on home size.These additional costs make the homes unaffordable for young couples starting out. The association requests the council repeal the law and work with AAMHO,the park owners association and the industry association to create an ordinance that will work for everyone. Mrs.Midge Conway,902 S.Ocotillo Drive,addressed the council regarding Ordinance 952.She disagreed with some of the earlier statements made by others.She stated the banks would only allow a fifteen year mortgage on a mobile home with an interest rate of 10.75% to 11%.On a house you can get a 30 year mortgage at 7.25%interest.Therefore,a house was as affordable as a mobile home,and mobiles depreciate,while houses appreciate.She commented on the general plan,stated she thought it might be a good idea to repeal the ordinance,and requested that all mobile homes in the future be put into mobile home parks. Mrs.Charlaine Bishop,8449 E.Apache Trail,Mesa,addressed the council regarding Ordinance 952.She works for Prestige Homes in Mesa.She disagreed with Mrs.Conway.She stated the banks give a 30 year mortgage on mobile homes with a current interest rate of 6.9%,and a land/home package is 8.2%. She commented that those homes built before 1976 are fire traps,but all those built since are built like site -built homes.She stated young people who can afford $25,000 for a mobile home are better off than being on welfare. Mrs.Norma Wessels,2302 N.San Marcos,addressed the council.She has resided in Apache Junction since 1979,and lives in a 1965 trailer.Because she has been able to pay off the mobile home,she now has reliable transportation,can pay for her insurance,and was able to raise two children on one income.She financed her 18-year-old's 1974 mobile home.She has now co-signed for her daughter to have reliable transporation.None of them have been on welfare,and it is the best she and her family can do.She never had child support.Her daughters are living with the fathers of their children, and they need the responsibility of taking care of their mobile home,not having to call a landlord for repairs.She believes this ordinance will not let anyone get ahead,especially those on a low income,and it will not allow people to have their own property. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 3 OF 24 CITY MANAGER'S REPORT City Manager Curtis Shook stated the upcoming City Town Hall would be on Saturday,November 16,and would last all day.He then asked City Clerk Kathy Connelly to brief the council on the event. City Clerk Kathy Connelly stated Town Hall would be held at John Calvin Presbyterian Church on Broadway between 9 a.m.and approximately 4 p.m.It is hoped there will be 100-150 delegates.There is no fee and it is open to everyone;however,only residents have voting delegate status.There will be registration forms available next week in the "City Page"of the Independent, with the registration deadline being November 1. City Manager Curtis Shook stated the city has started a "City Page"in the Independent,which is generally on the back page,and it runs once a month. It will contain items on what is happening inside the city. PUBLIC HEARINGS APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN PROMOTIONAL GROUP )City Clerk Kathy Connelly briefed the council on this item.It is for the weekend of October 25-27,for the Superstition Mountain Fall Fever event to be held at the rodeo grounds.The applicant was requested to be at this session to answer any questions. Mr.Gary Mulholland addressed the council.He asked for the council's acceptance,and stated they had complied with all the requests by all the departments.The group recognizes an event needs to be held in the fall to promote the city,and they hope to bring in a lot of people to see the 2 -day rodeo,the concert with Marty Haggard (the son of Merle Haggard),local entertainment on the free entertainment stage,and local vendors to display their products.Friday night has been turned into "Local Teen Night"with the approval of the high school student council,and it is not being promoted outside the city.Two bands will be available,along with the carnival.The carnival starts on Thursday.The Mammoth Steakhouse and Saloon is the distributor for alcoholic beverages.Arizona Clean and Beautiful has declared this a Clean and Beautiful Event and is supplying the containers for cans only,which the local youth can turn in for the profits. They will also be walking around during the event promoting clean events and clean litter. Mayor Coleman opened the item to questions from the council.There being no discussion,he opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 4 OF 24 Councilmember Durbala MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY SUPERSTITION MOUNTAIN PROMOTIONAL CORPORATION FOR THE 1996 SUPERSTITION MOUNTAIN FALL FEVER EVENT BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY APACHE JUNCTION MAIN STREET PROGRAM.) )City Clerk Kathy Connelly briefed the council on the item.It is for the coming weekend for the Cowboy Poets event sponsored by the Apache Junction Main Street Program.The liquor license being used is from the Eagles organization,and the applicants were notified it would be heard tonight. Councilmember Durbala stated he would have a conflict of interest with this,as he is a member of the organization sponsoring the alcohol. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened to discussion by the council. Vice Mayor Richmond stated she needed to abstain from the vote as she is the state president of the organization. Councimember Surra stated she did not believe it was a conflict of interest unless you profited from it personally.She therefore had no problem with letting the two councilmembers vote on the item. Mayor Coleman closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY APACHE JUNCTION MAIN STREET FOR THE 1996 COWBOY POETS GATHERING BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 5 OF 24 Councilmember Urich SECONDED THE MOTION. VOTE:5-0-2 (Vice Mayor Richmond and Councilmember Durbala abstained.) The motion carried. CASE NO.PZ-96-09,PROPOSED ORDINANCE NO.961 )Associate Planner Kate Morris briefed the council on the item.It is a rezoning request for a property located on North Ironwood.This is to establish a bookstore from an existing single family residence.Some on -site paving is required for the driveway area,which would create more run-off,and therefore some type of retention basin is required.The Planning & Zoning Commission recommended denial of this rezoning and Ordinance No.961 because of the site plans originally submitted,which were hand drawn.They only need to be drawn by an engineer or some other professional to be approved.The current zoning is general rural,the general plan is commercial.This is the first property in that area that will become commercial.There are 7-9 stipulations prepared in the drafted ordinance involving redesigning the property with an engineer, landscaping requirements,screening considerations and insuring accessibility to the landlocked property behind it. Mayor Coleman asked if the other property owners were notifed and had any responded. Associate Planner Kate Morris stated they had been notified and a couple of them called in with some general concerns on the proposal.There were some questions but no complaints. Vice Mayor Richmond asked how high the screening block wall would have to be. Associate Planner Kate Morris stated it will have to be 8 feet high. Councilmember Hendricks stated he had talked to the owners last week and they are willing to comply with all the stipulations. Councilmember Barker asked about the recommendation for disapproval by the commission,yet they state conditional approval would be recommended on the 9 stipulations.It appears the conditions take care of the problem causing the commission to recommend denial. Associate Planner Kate Morris stated they prep their reports for both ways,approval and denial. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 6 OF 24 Councilmember Barker stated she believed she had answered her own question. There was general discussion on the plans going back to the Planning & Zoning Commission for review after being redone by a licensed architect or engineer. Vice Mayor Richmond asked what would happen if this was recommended for approval and nothing was done. Associate Planner Kate Morris stated we would have one property zoned CB -1 surrounded by residential property. They could continue to use it as a residential site.There would be more difficulty if a portion of the development was done and then left,or if the business was attempted to be started before the development requirements were met. Vice Mayor Richmond asked if this would ever go back to residential. Associate Planner Kate Morris stated it would be a commercial zoning with a planned development.This is for a bookstore,any other use would have to come back through the design review process. Councilmember Barker stated since the rezoning is conditional upon them meeting the stipulations,if the stipulations are not met,then the rezoning is not valid. City Clerk Kathy Connelly recommended changing the first section to read "the development plans prepared by a licensed engineer/architect must be prepared and submitted for review to the Planning & Zoning Commission and the City Council prior to application for any permits".She asked the city attorney if the appropriate language was in place to make it official. City Attorney Glenn Gimbut recommended changing the words "subject to the following stipulations" to "subject to the following conditions and stipulations".He asked if they were changing the density to a planned development,and then wanting the applicant to come back with the planned development. Associate Planner Kate Morris stated that was correct. 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 discussion by the council.There being no further discussion by the council,he called for a motion. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 7 OF 24 Councilmember Barker MOVED THAT ORDINANCE NO.961 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read Ordinance No.961 by title only. Councilmember Barker MOVED THAT ORDINANCE NO.961,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:ON THE ORDINANCE SECTION I,JUST PRIOR TO NUMBER 1, THAT THE WORDS "CONDITIONS AND"BE INSERTED BETWEEN "FOLLOWING" AND "STIPULATIONS",AND THAT IN STIPULATION OR CONDITION NUMBER 1 THE WORDS "SUBMITTED FOR REVIEW"BE ADDED IN THE SECOND LINE FOLLOWING THE WORD "AND". Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CASE NO.PZ-96-12,PROPOSED ORDINANCE NO.967 ) )Associate Planner Kate Morris briefed the council on the item.This is for a rezoning for a property at the corner of Ironwood and Superstition Boulevard next to Ironwood Self Storage. The applicant wants to build a 2200 square foot storage building.This item had been continued previously because of encroachments into the existing easements.The final proposal is for an application for an encroachment permit to be filed to address the existing structures and for a 6'block wall that would have to be built around the rest of the property. was a 6'wall. that was correct. was on the other side of the wall. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 8 OF 24 Councilmember Hendricks asked if it Associate Planner Kate Morris stated Councilmember Hendricks asked what Associate Planner Kate Morris stated it is vacant directly west,there is a mobile home park to the north,and then the existing residential structures. Councilmember Hendricks questioned why only a 6'wall when on the ordinance just passed it was an 8'wall. Associate Planner Kate Morris stated there is an existing business.For existing uses,they have to be expanded 25% or more for the landscaping requirements to pertain.Since this does not expand the facility 25%,this can remain a 6'wall as is already surrounding the existing part of the facility. Councilmember Hendricks stated he thought it would have to go up to 8'like every other business. Associate Planner Kate Morris stated this section covering existing facilities is covered in the beginning of Ordinance No.940,in order to not impose additional requirements on existing structures.She stated the applicant was present in the audience. City Attorney Glenn Gimbut stated because it is a planned development,council can make specific conditions,as in making this an 8'wall. Councilmember Hendricks stated if everyone else is required to have an 8'wall,he could not see why other people could not come up to those standards.He would like to see it an 8' foot standard for everybody. Councilmember Durbala agreed with Councilmember Hendricks. Councilmember Barker stated the 6' foot fence runs vertically through the property and because he is adding to the property with the same use,she believes the 6'fence is sufficient. Mayor Coleman agreed with Councilmember Barker. Councilmember Surra stated it appeared the fence would be 6'and then jump to 8'when the new section was added,unless you are now requiring the owner to add an extra 2'to the existing fence.She did not believe the owner should have to do that. Councilmember Hendricks thought the owner should have to add the 2'additional fencing. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 9 OF 24 Councilmember Durbala asked the city attorney if that could be done. City Attorney Glenn Gimbut deferred the question to Associate Planner Kate Morris. Mr.Keith Stachar,the applicant, stated all the existing fences were on his property. City Attorney Glenn Gimbut stated the council would have the power to make it an 8'fence is they so desired. Mr.Keith Stachar,1153 N.Holmes, addressed the council.He stated the fences to the north and west on the property are 6'fences,they match the fences of the existing development,and they are entirely on his property.He stated he believed the section of Ordinance No.940,regarding expansion of existing structures,pertained to his property.He hoped the council would let him proceed with a 6'fence. Ordinance No.940 could not be applied planned development zoning,therefore, this property.The height of the wall determined by council. City Attorney Glenn Gimbut stated to this property as it comes under a specific conditions could be given to and if there should be a wall can be Mr.Keith Stachar stated when he bought this property it was for expansion of the existing development,and certain conditions were put upon it then.He is now caught in the middle between the conditions then and the ones passed by council since that time. Councilmember Durbala asked how long the 6'wall is in an area he designated on the map. Mr.Keith Stachar stated that is approximately 510'long. Mayor Coleman opened the the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened any discussion by the council.There being no further discussion,he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO.967 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 10 OF 24 The motion carried. City Clerk Kathy Connelly read Ordinance No.967 by title only. Councilmember Barker MOVED THAT ORDINANCE NO.967,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Surra stated she was trying to correct a typographical error in the ordinance. Councilmember Barker MOVED THAT SECTION 1,NUMBER 3,THIRD LINE "WHICH WILL DISAPPEAR WITH THE PARCELS ARE COMBINED"SHOULD READ "WHICH WILL DISAPPEAR WHEN THE PARCELS ARE COMBINED". Councilmember Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember Hendricks voted in opposition.) The motion carried. CASE NO.PZ-96-13,PROPOSED ORDINANCE NO.971,SUPERSTITION MOUNTAIN MENTAL HEALTH CARE )Associate Planner Kate Morris briefed the council on the item.This is located at 150 N.Ocotillo.This is to rezone the parcel to a commercial planned development.This is occupied by Superstition Mountain Mental Health Center,and the new building will be a combination of adminstration and outpatient activities.The Planning & Zoning Commission recommends approval,with a number of stipulations.There is a letter from the director addressing these stipulations.An adjacent property owner,with representatives here,directly to the west of the subject property has lodged a protest petition concerning complaints in two areas.The two areas are security,where in the past patients of the facility have entered the park,the other was a concern for drainage on the entire property.The letter submitted by Superstition Mountain Mental Health Center requests a variance of the 8'buffer wall requirement.The stipulations note that some off -site improvements are required,a revised site plan is to be prepared,and the entire property must conform to Ordinance No.940 landscaping standards. It also stipulates that traffic flow will be changed to one-way only,allowing ingress/egress lanes to be reduced to a 15'width.On -site retention will be required,to be determined by the capacity shown from a hydraulic study.The final stipulation requires the architectural style to follow the southwest territorial style of surrounding properties. Mr.Gary Selvy,817 E.Granada, addressed the council.He is the executive director of Superstition Mountain Mental Health Center.He stated they have no problem with four of the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 11 OF 24 stipulations.He is not sure how the architectural style will affect them, but is willing to work on it.The one stipulation they would like to change is the 8'wall,concerning 885 linear feet.They want to do 435'of that,but want consideration on the remaining 450'.He stated by placing the wall it would make a driveway narrower in one area,and in another it may preclude the use of nine recreational vehicle spots in the mobile home park,plus destroying vegetation.He is also concerned on the Salt River Project easements.Regarding security,only one mentally ill person has escaped behind the facility in three -and -a -half years.He was brought in by police officers,got away,ran through the lobby and was apprehended.There have been a number of people who have privileges who have left the facility and have been reported as missing,but these were people in the process of being integrated back into the community. Mayor Coleman asked if any precautions have been taken to rectify the situation that caused the escape. Mr.Gary Selvy stated they had a number of conversations with the park owner and residents,and a new chain link fence was constructed.The fence was jointly paid for.To his knowledge the owners and residents of the park have been happy with this arrangement. He also does not know which side of the wall to measure the 8'height.If placed on one side of the drop off,it is 8'on one side and 11'on the other. If on the other side of the drop off,it is 8'on one side and 5'on the other.He needs clarification on this. Vice Mayor Pat Richmond asked if the 8'wall would be measured from ground level from where ever the wall is placed. Mr.Gary Selvy stated he did not know. Councilmember Surra stated it appeared he would be looking at an 8'wall,whereas the resident on the other side would be looking at an 11'wall. Mr.Gary Selvy agreed that was correct. Councilmember Surra asked where the difference was in this property and the one added to before where they did not have to meet the landscaping standards. Councilmember Barker stated it was the square footage. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 12 OF 24 There was general discussion by the council on the fact it was the square footage of the building that was requiring the landscaping to be affected. Councilmember Barker stated if an 8' wall is built on the north side,it becomes a 5'wall when you walk out of the acute care center,plus you have vegetation and power boxes that will have to be moved since they are on the property line.It appeared a mobile home had its back window open onto the wall.If it is put upon the retention wall, this moves it in and makes the drive area much smaller,plus makes an 11'wall for the mobile home park residents to look at.She believes this should be worked out.She believes if increased security is needed,then an angled top portion to the chain link fence should be added.If it is the aesthetics, then slats could be added to the fence.She believes some relief should be given the proposal. Mayor Coleman opened the public hearing on the item.He had received one request to speak form from Nancy Wood,but she deferred to Roger Balzer. Mr.Roger Balzer,a construction consultant for the Sundowner Mobile Home Park,addressed the council.He stated the park was concerned about the escapes from the facility,of which they believe have been more than one.The park owner would like to see a permanent limit on the number of beds placed on the facility.He also gave the council some photographs concerning the wall and drainage.In regards to security,one is dealing with mentally ill people on medication.Park residents are not the people being deterred from climbing an 11'wall,it is the patients who need to be deterred from climbing a wall,and a 5'-6'wall is easier to climb than an 8'or 11'wall.The park has lost tenants due to people outside the building leering at the tenants,and they are requesting a block wall at this time.He stated there is a large amount of drainage coming out of the facility and into the mobile home park.He added that since the facility is not a transitional facility but essentially a lockdown facility, the park residents should be able to feel secure,and the 8'wall would give them that.He believes the wall can be built where the present chain link fence is located,and it would only have to go around a gas meter or hydrant. The park owner is willing to let them encroach upon the park property to handle this situation,if necessary. Councilmember Surra asked if certain pads and meters would be out of compliance if the wall was erected. Development Services Director Larry Harmer stated the pads and meters are already there,the placement of the wall is irrelevant.If they are out of compliance now,it will just be more obvious with the wall.It would not change their status,they would be grandfathered in. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 13 OF 24 Vice Mayor Richmond asked if any of the electric meters would have to be moved due to the wall being constructed. Development Services Director Larry Harmer stated unless they are encroaching on the property line,they would not have to be moved,which can only be determined by a survey. Vice Mayor Richmond asked whose expense it would be if they had to be moved. Development Services Director Larry Harmer stated he believed it would be the mobile home park's expense. Councilmember Barker stated if the city is mandating a certain type of structure,and it cannot be built because of vegetation,lines and power boxes encroaching on it,then the city is telling one party to do this,and the other that it is a civil case. Development Services Director Larry Harmer stated if something associated with a development is encroaching upon someone else's property,it is the encroaching person's expense to remove it. Mr.Roger Balzer stated the fence now up was supposed to be built according to a survey of the corners of the property lines.Even if the fence comes over a couple of feet,it will not encroach on any of the meters or park land. Councilmember Barker asked when the chain link fence was erected. Mr.Gary Selvy stated it was erected approximately three years ago.He added a certified survey was done approximately one year ago. Councilmember Barker asked if slats in a chain link fence would be attractive to them. Mrs.Nancy Wood,105 N.Delaware, who is the manager of the park,stated it does not take long for those to deteriorate and become an eyesore.She added the park and meters have been there since 1956,and they tried to get a block wall before but the facility would only agree to raise the four foot fence to six feet if they paid for half of it.Since they are now applying for rezoning,it is up to them to bring the property up to code. Councilmember Barker asked if it would be okay if they were not trying to rezone. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 14 OF 24 Mrs.Nancy Wood stated they asked for a block wall at the time. Councilmember Barker asked if they would put up a block wall. Mrs.Nancy Wood stated she could not answer that as she has not talked to the owners about that.She added they have discussed a block wall in the past and when the new chain link went up, and at the time they hoped the chain link would be sufficient.However,they are having a problem with their smoking section,which is an open patio.The park ended up having to move a woman from her space after repeated lewd remarks were made whenever she went to the public restroom.Somehow they had discovered she was alone.She later moved out of the park,along with two of her neighbors who also did not care for the remarks.She stated if it appears to be a 5'fence on their side,when they climb it and come over the top,they have a long,unexpected drop.A better deterrent would be to put the 8'on their side,to create an unclimbable fence. Councilmember Durbala stated he has a 16'roll gate and he has had to replace the slats in there twice in ten years.If they are not replaced and maintained,the wind rips them up fast. Mrs.Nancy Wood added they also make a horrible noise in the wind. Mayor Coleman closed the public hearing and reopened the item to discussion by the council. Vice Mayor Richmond asked if the property line is closer the the RV park than the retaining wall is,and the applicant puts the fence on the property line,than the 8'would come from the ground to the top,not from the retaining wall. Development Services Director Larry Harmer stated it would not come from the retaining wall. City Clerk Kathy Connelly asked if the protest petition represents enough property owners to warrant a 3/4 vote. Associate Planner Kate Morris stated it does. Councilmember Hendricks asked for this to be explained. City Attorney Glenn Gimbut stated if a certain number of property owners within a certain distance of a property REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 15 OF 24 protest the rezoning,than the only way a rezoning can get passed is with a 3/4 vote.That means at least 6 members of council must pass it. Councilmember Barker asked what properties signed that. City Clerk Kathy Connelly stated that she understood the mobile home park signed it. There was general discussion as to whether the protest had been in their packet.It was determined it was not:a copy had been given to them as they came in and they had not been told about it previously. Councilmember Hendricks requested Mr.Joe Balzer return for further questioning.He then asked him if he is protesting the rezoning or the fact he may not get a block wall. Mr.Joe Balzer stated he is protesting the rezoning based upon his unawareness of the conditions that would affect him considering that rezoning.The rezoning is not really being protested,they want to make sure the drainage is taken care of and a block wall erected to provide security and take care of optical concerns.He suggested that if the wall was built in a straight line along the retaining wall,it would not have to go from one side to the other. Vice Mayor Richmond asked if the retaining wall was stable enough to support a block wall. Mr.Joe Balzer stated it would take an engineering study to determine that. Mr.Gary Selvy stated he has not had an engineering report due to the lack of time,but a contractor has looked at the wall and stated the city would not allow an 8'wall to be erected on top of the retaining wall as there is no knowledge of its footing or how much rebar is in the existing wall,and there is no way to determine that. Vice Mayor Richmond asked if the retaining wall could be part of the 8'wall if it is on the property line. Mr.Gary Selvy stated the retaining wall was 2'tall. Mr.Joe Balzer stated if you are in their parking lot trying to jump over the wall,then you are at ground level in their parking lot,and the wall would be a 6'wall on their side.If you are building an 8'wall,it should be 8'on your side,not your neighbor's side. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 16 OF 24 Vice Mayor Richmond stated it would be decided on what side of the fence you are measuring it from. Mr.Joe Balzer stated if you are building a fence,it goes on your property. Councilmember Barker stated part of the property is on the other side of the retaining wall.Therefore,an 8' wall would be less than 5'. Mr.Gary Selvy stated he understood the 8'wall was not a security consideration,but one of separating commercial from residential. Councilmember Surra stated that was correct. Councilmember Barker stated it could be built on the lower elevation of the property with great ease,which would make it a 5'fence on one side,but it would still be within the constraints of Ordinance No.940. City Attorney Glenn Gimbut stated Ordinance No.940 was designed principally for aesthetics as opposed to safety concerns,however,a planned development rezoning is in front of the council and the council has the power to make conditions or stipulations about the development,of which safety can be a concern for conditions,including the height,the placement and where to measure. and called for a motion. Mayor Coleman closed the discussion Cd1 Councilmember Barker MOVED TO CONTINUE ORDINANCE NO.971 TO NOVEMBER15,1996. Councilmember Durbala SECONDED THE MOTION. Councilmember Durbala stated he wanted them to have a specific design for the building and the fencing. General discussion by the council decided that would come later,Councilmember Durbala pulled the amendment and council voted on the original motion. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 17 OF 24 Mayor Coleman minute break. Mayor Coleman meeting. called for a ten reconvened the GPA-96-01/PZ-4-96,PROPOSED SUPERSTITION VIEWS SUBDIVISION ) )Development Services Director Larry Harmer briefed the council on the item.Pulte Homes has requested a continuance to revise their site plans in order to reduce their proposal by 34 lots.This is not date specific and would have to be readvertised. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilmember Durbala MOVED THAT GPA-96-01/PZ-4-96,A GENERAL PLAN AMENDMENT AND REZONING FOR PROPOSED SUPERSTITION VIEWS SUBDIVISION,BE POSTPONED TO AN OPEN DATE TO BE DETERMINED AND ADVERTISED FOR PUBLIC HEARING AFTER THE SITE PLAN IS RESUBMITTED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON PZ-96-14,THE APACHE JUNCTION LANDFILL ) )Development Services Director Larry Harmer stated the applicant has requested a date specific continuance to the planning commission for November 26.This will require council to continue this item.Due to the approaching holiday season,and the possibility of more work being required by the planning commission,he recommended a date specific continuance to January 21,1997. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilmember Surra MOVED THAT PZ- 96-14,AN APPLICATION SUBMITTED BY ALLIED WASTE FOR THE APACHE JUNCTION LANDFILL,BE CONTINUED TO THE JANUARY 21,1997,MEETING. Councilmember Hendricks SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 18 OF 24 VOTE:Unanimous. The motion carried. OLD BUSINESS. None. NEW BUSINESS. PRE -ANNEXATION DEVELOPMENT AGREEMENT WITH MCM ARIZONA GROUP,L.L.C. )City Attorney Glenn Gimbut briefed the council on the item.The group was represented by their manager, Jim McMillan.The owner's property has been unable to be annexed due to various other annexation packages falling through.This package was redesigned to allow it to be annexed.This agreement requires annexation, that the property owner will sign all petitions presented for annexation,it provides for the development of 36th Avenue and it provides for sewer service. It allows the owner to get underway with development while the annexation is in process. Mayor Coleman asked when the area would be annexed into the city,or if there were any conditions. City Attorney Glenn Gimbut stated they are considering a couple of different designs,and they are trying to bring in a broader area than just this property itself. Development Services Director Larry Harmer stated the property cannot be brought in by itself as i t is not contiguous to any property in the city limits. Mayor Coleman closed the item to discussion and called for a motion. Councilmember Barker wanted it clarified that this agreement is dependent upon annexation by the city,and was assured it was. Councilmember Durbala stated there was a spelling error on Page 12,Exhibit A,in the fifth sentence.It should be "east"fifty feet. Councilmember Durbala MOVED THAT THE PRE -ANNEXATION DEVELOPMENT AGREEMENT WITH MCM ARIZONA GROUP BE APPROVED. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 19 OF 24 VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DISCUSSION REGARDING POSSIBLE REVISIONS TO DWELLING UNIT STANDARDS )City Manager Curtis Shook briefed the council on the item. discussion by the council. Mayor Coleman opened the item to City Manager Curtis Shook stated there are some things in the ordinance that do need to be cleared up,some complications do arise from different types of circumstances.He is concerned about the misinformation that is being spread.He stated that revision is needed,but there still needs to be some standards for dwelling units. Councilmember Surra stated if redoing the wording assists in allaying the unwarranted fears of people who live in parks,then she believes some revision on wording is needed.She believes there has been a lot of misinterpretation on what was intended. There was nothing in the ordinance requiring people to upgrade their mobiles. City Manager Curtis Shook stated that has disturbed the staff.Many stories have been told that are not true. Councilmember Surra suggested some education sessions through the neighborhood program might help. Councilmember Hendricks stated the information he was getting is people are out there who are against this ordinance and they are lying to people in this community about the ordinance. They are spreading lies and trying to scare people into being against this ordinance.They have not read it and it is their interpretation.He does not believe i t is right to scare the people and he does not like it.He is very upset with what has gone on around here.One person accused them of doing this behind closed doors,when it was advertised and there was a work session on it.It is up to the people to show up to give the council their input.He stated nothing was ever hidden from the people and he is tired of the lies. Mayor Coleman closed the discussion on the item and called for a motion. Councilmember Urich MOVED THAT STAFF BE DIRECTED TO REVIEW INPUT FROM OUR COMMUNITY:FURTHER STUDY THIS SUBJECT IN REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 20 OF 24 DEPTH;PRESENT THEIR FINDINGS AND BRING BACK A REVISED ORDINANCE TO COUNCIL NO LATER THAN JANUARY 21,1997;WITH A SPECIAL PUBLIC MEETING AT LEAST ONE MONTH PRIOR TO THE PRESENTATION OF THE REVISED ORDINANCE;FURTHER,THAT STAFF BE DIRECTED TO PREPARE AN ORDINANCE TO REPEAL ORDINANCE 952 WITH AN EMERGENCY CLAUSE FOR THE NOVEMBER 5,1996,COUNCIL MEETING;AND TO REINSTATE THE PREVIOUS SECTIONS OF CHAPTER 7 OF CITY CODE IN THAT SAME ORDINANCE. Councilmember Surra SECONDED THE MOTION. VOTE:6-1 (Councilmember Hendricks voted in opposition.) The motion carried. PROPOSED NEW POLICIES FOR SEMI-ANNUAL TRASH PICK-UP ) )City Manager Curtis Shook briefed the council on the item.It is the staff's intention to continue the program but correct some of the problems. Councilmember Barker asked how big the pick-up is. Public Works Director Doug Dobson stated two of the staff tables,plus one foot and you can make the piles three feet high. Councilmember Durbala asked if the week of the pick-up could be changed to after Christmas,in order for the Christmas trees which are usually left laying around until March to be picked up. Public Works Director Doug Dobson suggested two weeks. Councilmember Durbala stated he would like to see it the first or second week of January,which would get rid of a lot of trees that seem to linger around in the lots. Councilmember Surra stated they could get rid of all the old toys. Councilmember Durbala stated they could also get rid of the boxes of trash.He does not know how the others feel,but he thinks it would be a good idea. Councilmember Surra stated it might be nice to not have piles of trash out during Thanksgiving and the time before Christmas when people start having parties at their homes. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 21 OF 24 Vice Mayor Richmond asked if they were still going to be allowed to put the trash out two weeks prior to pick up. There was general discussion as to when the trash would be put out.It was determined that residents could start putting out the trash on January 5,with pick-up to be January 20-24. There was general discussion as to when payment must be received.It was decided to receive payments through January 17,with late payments accepted through January 21. Development Services Director Larry Harmer stated code compliance is already seeing significant piles of trash all over the community.He wanted them to be aware that code compliance would be actively pursuing illegal trash dumping and the council may get complaints. They are already getting people who are saying they have always put it out there before;now they are being told they cannot put it out there early,they are issued a warning,and if it is not cleaned up they are issued a citation. They will no longer take items needing freon certification.There are refrigerators in the right-of-way now,with the property owners claiming someone else dumped it there.They are being told they are responsible for their property and what is adjacent to it. information was being placed in the "City Harmer stated it is being placed in there article on it.However,the council will Councilmember Barker asked if this Page". Development Services Director Larry and the Independent has run an still be hearing complaints. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTIONS BE GIVEN TO STAFF REGARDING THE SEMI-ANNUAL TRASH PICK- UP:THAT THE ACTUAL PICK-UP BE DURING THE WEEK OF JANUARY 20 THROUGH 24, 1997;THE FIRST WEEK ANYONE CAN PLACE ITEMS IN THE RIGHT-OF-WAY WILL BE THE WEEK OF JANUARY 4,1997;A FEE OF $15 WILL BE ACCEPTED UNTIL 5:00 P.M.ON MONDAY,JANUARY 17:PAYMENTS RECEIVED BEYOND THAT WOULD INCLUDE A LATE FEE OF $10;NO PAYMENTS WILL BE RECEIVED AFTER 5:00 P.M.ON JANUARY 21;AND THAT THE RECOMMENDATIONS BY STAFF OF LIMITING THE AMOUNT OF ITEMS TO 3 CUBIC YARDS PER HOUSEHOLD,REMOVING REFRIGERATORS,FREEZERS AND AIR CONDITIONERS FROM THE ITEMS TO BE COLLECTED,PROHIBITING ANYONE FROM FROM PLACING ITEMS FOR PICK-UP IN THE RIGHT-OF-WAY BEFORE TWO WEEKENDS PRIOR TO THE ACTUAL COLLECTION,AND MAKING IT ILLEGAL FOR ANYONE TO ADD TO AN EXISTING PILE OTHER THAN THE PROPERTY OWNER,BE ACCEPTED. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 22 OF 24 The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,NOVEMBER 4,1996,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,NOVEMBER 5,1996, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman reminded everyone of the combined work session between the council and the planning and zoning commission tomorrow night in the council chambers at 7:00 p.m.on development impact fees. ADJOURNMENT ) )Mayor Coleman adjourned the meeting at 9:52 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the Minutes of Regular Meeting of October 1,1996. 3.Recognition of Outstanding Service to the Community by City Employees. 4.Acceptance of Resignation of Jeanette Hauck from the Library Board of Trustees. 5.Approval of "Food for Fines"Program to be held December 6-23,1996,at the Apache Junction Public Library. ACCEPTED THIS 5TH COUNCIL OF THE CITY SIGNED AND ATTESTED DAY OF OF APACHE TO THIS NOVEMBER ,1996,BY THE MAYOR AND CITY JUNCTION,ARIZONA. 5TH DAY OF NOVEMBER ,1996. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 23 OF 24 ATTEST: City Clerk at t"-PLAL-,_, DOUGLAS OLEMAN 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 15th day of October,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of October,1996. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15,1996 PAGE 24 OF 24