Loading...
HomeMy WebLinkAbout2011-06-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 7, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 7, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks & Recreation Director Jeff Bell Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 1 OF 12 Others Present:Assistant Planner Todd Kennedy Revenue Resources Manager Roger Hacker Assistant to the City Manager Ruth Giese ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEM NUMBER 12 BE DELETED; AND THAT APPROVAL BE GIVEN FOR A THREE-YEAR CONTRACT WITH TWO ONE- YEAR RENEWAL OPTIONS BETWEEN THE CITY OF APACHE JUNCTION AND MINNESOTA LIFE FOR TERM LIFE INSURANCE FOR CITY EMPLOYEES IN AN AMOUNT NOT TO EXCEED $24,315.00 BASED ON EMPLOYEE POPULATION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 11-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY SPONSORSHIP OF RESOLUTIONS FOR ADOPTION BY THE LEAGUE OF ARIZONA CITIES AND TOWNS ("LEAGUE") FOR INCLUSION IN THE 2012 LEAGUE MUNICIPAL POLICY STATEMENT, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly gave the oath of office to newly- elected Mayor Insalaco, Councilmember Barker, Councilmember Serdy and Councilmember Wilson.Each was presented with a certificate of election.Following the oaths, City Clerk Kathleen Connelly announced with the completion of their oaths of office they have met the legal requirements of state law and the city code.They could now take their seats and proceed with their official duties.The mayor and councilmembers acknowledged family members and friends in the audience. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 2 OF 12 Ms. Debra Bradley, Chief Operating Officer of Habitat for Humanity, thanked the city for its partnership and support on the homes.She then presented a plaque to the mayor in appreciation for the support given by the city for their mission and the families involved. A representative of the 19th Annual Tractor and Engine Show, held March 12-13, 2011 at the rodeo park presented a check to the mayor in the amount of $2,000 for the Parks and Recreation Scholarship Fund. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman read a letter from Daniel Burns, president of the Apache Villa Homeowners Association for the outstanding service given by building and code compliance staff and another letter from former vice mayor Anne Marie Surra complimenting Jeff Bell, and announced a six-month pilot program changing the hours of city hall to four ten-hour days a week and being closed on Fridays.He shared examples of four different grant awards and community support, commented on the Silver Paws Club, animal control and the police department partnership with Northern Arizona University Criminology Department in providing for the location and workload for a criminology intern working on her master's degree. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Liz Reynolds addressed the council.She commented they had a huge party with no incidences last time, other than one parking ticket. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 3 OF 12 Mayor Insalaco 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 Coleman MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR JUNE 12, 2011, REQUESTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 10-39, DECLARING AS A PUBLIC RECORD AMENDMENTS TO THE LAND DEVELOPMENT CODE, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF A HOME -BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS/ORDINANCE NO. 1362, ADOPTING BY REFERENCE HOME- BASED OCCUPATIONS ZONING CODE AMENDMENTS )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented he still has some concerns and questions with the current wording.He thinks they should table the ordinance and consider the proposed changes as part of the comprehensive zoning ordinance rewrite.Some of the things he has problems with are having studios listed there without saying what type of studio, and stating if a home business is going to use an outbuilding for conducting their business, they are being limited to 200 square feet.There is currently an artist in the city that has one larger than 200 square feet.She is well REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 4 OF 12 known in the community and has done a lot of artwork as well. When he had his original picture taken for the council, he went over to Mesa where she had a photography studio completely separate from her house that was much larger than 200 square feet.There are several things in here they need to iron out and discuss.He is not sure they want to do this tonight.He thinks it should be put into a rewrite. Senior Planner Rudy Esquivias stated one of the messages they heard at the last meeting was that perhaps larger lot properties could accommodate extra uses in terms of home occupation versus someone running a business out of an apartment.Those are the types of issues they would be looking at as part of a rewrite, not only of home -based occupations but other regulations as well. Councilmember Serdy commented he was concerned about the one limiting the number of employees. He does not feel that needs to be addressed at all.He does not see the harm in that and there are a lot of people that need income.They do not need to be losing anybody.If these types of businesses can help people stay afloat then he does not want to do anything to harm that. Councilmember Smithson commented he was intrigued on Table 6-1 Music, Art, Craft or Similar Home Occupation Lessons shall be allowed except in residential uses in other zones.He does not understand that. Senior Planner Rudy Esquivias stated the item he is looking at was part of the planning and zoning commission recommended language.In subsequent discussions with council, that provision was taken out. Councilmember Smithson asked if the following one regarding home day care being allowed for both children and adults exceptions was still in it. Senior Planner Rudy Esquivias stated both of those have been taken out. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 5 OF 12 Councilmember Smithson stated he has some agreement with the last two comments, especially with the large lot/small lot. Councilmember Barker stated she would like to see this rolled into a comprehensive zoning code rewrite.She thinks it would be more efficient to do that rather than trying to separate two pieces that are actually one. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Barker asked what the resolution does. Senior Planner Rudy Esquivias stated it declares the proposed amendment language a public record. Councilmember Barker asked if the proposed amendment language has anything to do with the home -based business. Senior Planner Rudy Esquivias stated the amendments to the city code represent the recommended planning and zoning language of September 28.The other attachment is basically the same thing except it reflects the council comments from January 2.It says it was modified on January 4 at the top of the page.The one that says January 4 reflects the council comments from January but it does not reflect the more recent comments about the difference between large and small lots and the number of employees. City Attorney Joel Sterns stated to avoid publication costs in Arizona they can adopt a large text, as in this case it would cost a lot of money to publish it after it is approved, by reference and declare it a public record.They do that by a resolution and ordinance. Councilmember Barker commented the resolution does not impact the rewrite. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 6 OF 12 Senior Planner Rudy Esquivias stated it does not.They would deny the resolution and bring it back as part of a comprehensive rewrite, and they would do the same with the ordinance. Councilmember Barker commented they need to deny the resolution and bring it back as a rewrite. Senior Planner Rudy Esquivias stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, ARTCILE 1-5 DEFINITION OF HOME -BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME -BASED OCCUPATIONS PERMITTED, BE DENIED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1362 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 7 OF 12 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1362, AS READ BY THE CITY CLERK, BE DENIED AND BE BROUGHT BACK FOR DISCUSSION WITH THE COMPREHENSIVE ZONING CODE REWRITE IN THE FUTURE. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried DEVELOPMENT FEE APPEAL FROM MR. TROY MORGAN FOR DEVELOPMENT FEE WAIVER FOR CONSTRUCTION OF A CONVENTIONAL HOME AT 1061 E. SUPERSTITION BOULEVARD )This item was deleted in the Consent Agenda. OLD BUSINESS None. NEW BUSINESS NOMINATION AND SELECTION OF VICE MAYOR )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a nomination. Councilmember Coleman commented he believes that for the position of vice mayor we need someone who enjoys phone calls, both from people who are appreciative as well as those who may be angry.Because of that HE WOULD LIKE TO NOMINATE RICK DIETZ FOR VICE MAYOR. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 8 OF 12 Mayor Insalaco called for any more nominations.There being no other nominations, he called for a vote. VOTE:Unanimous. The motion carried. DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES ) )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz and Councilmember Barker asked if she needed three people. City Clerk Kathleen Connelly stated she is already on there.The statute makes her ex officio treasurer.We need two more people. Vice Mayor Dietz stated the nomination would be for two more people. City Clerk Kathleen Connelly stated that is correct. Councilmember Barker MOVED THAT THE FOLLOWING COUNCIL REPRESENTATIVES BE DESIGNATED AS CHECK SIGNERS IN ADDITION TO THE CITY CLERK:MAYOR INSALACO AND COUNCILMEMBER/VICE MAYOR DIETZ. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 9 OF 12 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 20, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, JUNE 21, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Chelle Bullard, 1478 E. Partridge Drive, Gilbert, addressed the council to advise that due to unforeseen obstacles the next Gilbert Days Rodeo will not be held in Apache Junction. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council to congratulate those recently re-elected, and commented on Paws 4 Life, the event they had last Saturday, another group that will supply food and money for animals called Whiskers, Wags and Whinnies, and the new Pinal County redistricting. Mr. Terry Secor, 1285 N. Main Drive, Apache Junction, addressed the council regarding the 2009 changes in the zoning laws and a new towing company on the rotation list that does not have an office in the city. Mr. Tom Aulik, 2292 N. Ironwood Drive #11, Apache Junction, addressed the council regarding the remaining sidewalks that are needed on Ironwood.There are a few parks that do not want the sidewalks put in and they should be able to get a grant for the cost of the sidewalks. Councilmember Barker commented she was concerned about the lack of office for the towing company.She thought they had already been through this.She shares Mr. Secor's concern of the lack REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 10 OF 12 of a physical location where somebody can actually find a person to tell them where their car is.It concerns her a great deal. As to the sidewalk, the money is a moot point.It is private property and the city cannot walk up and tell an individual they have to do this.It is their property; they own it.They could suggest and hope that eventually this person or group of folks agree with that assessment and agree that they would like to get that sidewalk in.Right now she feels that the city's hands are somewhat tied. Councilmember Serdy commented it is terrible news about the Gilbert Rodeo.The Focal Point Tourism Group was looking forward to doing a lot of stuff concurrently during that week. The VFW was going to reach out, also.In the same night we have positive news from Paws 4 Life and there are different things going on.He knows he brought it back last year for re- televising Call to the Public.Tonight, with some more information, the way that Chelle from Gilbert explained, he would have liked to have our citizens hear that.They might want to reconsider televising it.If the word gets out there and they have more interest, although he knows there are a lot of negatives, he feels this information should have been broadcast. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:00 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of May 3, 2011. 3. Consideration of Approval for a three-year contract with two one-year renewal options to Minnesota Life for term life insurance for the City of Apache Junction employees in an amount not to exceed $24,315.00. 4. Consideration of proposed Resolution No. 11-19, authorizing the Mayor to direct the City Manager to co-sponsor additional resolutions on issues of importance to the City of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 11 OF 12 ACCEPTED THIS 21ST DAY OF JUNE, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNE, 2011. ATTEST: KATHLEEN CONNELLY City Clerk JOHN S. INSALACO 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 7th day of June, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of June, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 12 OF 12