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HomeMy WebLinkAbout2010-11-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 2, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 2, 2010, 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 Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy 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 Public Works Director David Fern Development Svcs. Director Brad Steinke Economic Dev. Director Steve Filipowicz Others Present:Senior Planner Rudy Esquivias Building Official Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 1 OF 19 Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented there is a Pinal County Transit Feasibility Study that is going on at the multi -generational center right now.They are looking at types of mass transit and bus service throughout the community.At this time, no one has shown up for the meeting.He encouraged people to attend if they get the opportunity. Councilmember Barker thanked and congratulated the police department for the G.A.I.N. event last Saturday.It was well run and very enjoyable.She also thanked parks and recreation for their Halloween party, which was grand fun, and again with S.A.L.T. for the S.A.L.T. walk on the dedication of the walk on Saturday morning. Mayor Insalaco announced Troop 702 from Apache Junction Goldfield Ward were in attendance for their citizen and community merit badge. CITY MANAGER'S REPORT City Manager George Hoffman commented on the striping on Old West Highway, the bike lane on Old West Highway, the intersection improvements at Winchester and Old West Highway, and the federal stimulus project on Ironwood from 16th Avenue to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 2 OF 19 Broadway.He requested the assistant city manager brief the council on volunteerism. Assistant City Manager Bryant Powell read a story on volunteerism and briefed the council on volunteers in the community. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION HORSE RESCUE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. James Moyle, 4896 N. Vista Road, Apache Junction, addressed the council.He stated this is their second year of having Cowboy Christmas at the rodeo grounds.It went off without incident last year.They have tripled their efforts this year.There will be a carnival, the Radio Station 94.1 from Globe will be there, and they will be putting in a beer garden with singers from Fillies and other bands.They put in for 2 nights but they will only have it on Saturday night for the music festival and beer garden.They will have it inside the arena so there will be fences on all four sides.Those under 21 can be in the stands where they will not have access to alcohol. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he thought this was short notice for a special event.He is all for the event but he would like more lead time on things like this. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 3 OF 19 City Clerk Kathleen Connelly stated if there are any concerns on the part of the council, the applicant has met the requirements of state law and city code in regards to this event. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION HORSE RESCUE FOR DECEMBER 11, 2010, SUBMITTED BY JAMES MOYLE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONSIDERATION OF DEVELOPMENT FEE APPEAL FROM JUVER HEREDIA )Development Services Director Brad Steinke briefed the council on the item. Mr. Juver Heredia, 1675 E. Cody Street, Apache Junction, addressed the council.He stated they bought the trailer and the land with the little bit of money that they had.He does not think they have enough money to pay the $9,500.They are asking the council to help them with anything. Mayor Insalaco asked if the trailer is already on the property. Mr. Juver Heredia stated it is. Vice Mayor Dietz asked if all the hook-ups have been done. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 4 OF 19 Mr. Juver Heredia stated not yet.They have the permit but they have been waiting on the impact fees.He reiterated they would appreciate any help that they can give. City Clerk Kathleen Connelly stated we need the name and address for the record. Mayor Insalaco requested the name and address. Mr. Juver Heredia gave his name and an address of 1675 E. Cody Street. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented about a property he had looked into buying on Tomahawk that would need to be upgraded.He requested the council waive the fees for this applicant.It appears this will automatically be approved if they do nothing on it, which is fine with him.He stated impact fees have been too high in the past, especially since the recession.They should be thrown out. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented if they throw the impact fee out, everyone living here now will be paying for the future, and paying and paying and paying.He just put a mobile home in a few years ago and he had to pay the development fee.He found out later there had been a unit on the property.He wished he could have used this mechanism.He thinks they have opened up a window where they will have to come up with a specific solution, maybe a time frame or something. His idea was if they are improving the property, it would be a good idea to void the development fees. Councilmember Serdy commented that he agreed that 21 years is a long time.It is getting away REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 5 OF 19 from what they want to do.He has brought it up before about loosening it for infill.He does not know how to go on this as 21 years is definitely pushing it.$9,500 is a lot of money; it is like half of some people's income.He asked if there is any way, if we do make them pay it or partially pay it, to spread it out over time so that it is not such a big impact.Something like $1,000 a year 9 years.This would break certain families. It is a lot of money to come up with at once.He is wondering if there are any creative ways to spread this out. Councilmember Wilson commented he was looking at the property information report and the value of the property.The impact fee is basically one- fourth the price of the property.It is only .45 acre.He was wondering if there is a way of making it less onerous on the cost as it is one-fourth the property value. Councilmember Coleman commented Brad explains that you do not have to pay an impact fee if another unit is moved on in one year but if it is one year and a day you do.There has to be a cut off at some point. Where that cut off is is a little rough.The one day difference sounds rough, but there has to be a cut off some day.He does, especially in this instance, like Councilmember Serdy's recommendation.If there is a way that we can have it paid over time, otherwise he would have to say he is not ready to throw out the development fees.That does go to pay for infrastructure.It is either the development that pays or it is the taxpayers, even if it is a single family unit.It is one or the other.He has tried to maintain the policy that growth should pay for itself as much as possible.He thinks 21 years is a little long to be saying that it is not going to have an impact.He does like the idea of perhaps having it paid over time so it would not be such an upfront burden to this particular family. Vice Mayor Dietz commented he was under the impression that if something was removed from the property and replaced within a year, it would be an upgrade or step up in the community.That is part of the reason the development fee would be waived.We wanted to see newer things coming into the community.In this case, unfortunately, it is a 1978 manufactured home.He would love to be able to help them REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 6 OF 19 out as much as possible.He does not know if they can cut the development fees somehow.They have done so in the past.He asked the city attorney if it would be possible to set up an agreement to where they could pay "x" amount in a 10 year period or something like that. City Attorney Joel Stern stated there is nothing in the code that says they can do that. This is an appeal.The appeal provisions of the code do not really address that issue.If they allowed someone to pay for a development fee over time, they can do that with a subdivision if there are phases.That rule does not apply here.There is nothing that really allows that.The council is supposed to be fair and equitable when they deal with development fees so that no one single individual or group of individuals pays more than others for the beneficial use that is being brought to the city. Another issue is if they waive the fee, an equal payment must be paid to make up for that fee.That is supposed to happen but he is not sure it has always happened in the city.There has been some case law on that recently.They are supposed to make an equal payment of the amount that is waived from a different fund. Vice Mayor Dietz asked if that would be paid from the general fund. City Attorney Joel Stern stated that is what mechanically is supposed to happen. Councilmember Eck asked if that happens if they waive the fee. City Attorney Joel Stern stated that is correct. Councilmember Eck asked if they have to go to the development fee account and put the $9,500 into the general fund. City Attorney Joel Stern stated you take it from the general fund and put it into the development fee fund. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 7 OF 19 Vice Mayor Dietz commented our development fees are one time fees that we have set aside in our capital facilities fund.They would pay out of that fund to the general fund. There was general discussion on which fund would pay which fund. City Attorney Joel Stern stated it would be from the general fund into the development fee fund. Councilmember Barker commented the development fee has to be paid, whether it is by the person who is buying the property or it is the city. City Attorney Joel Stern stated that is correct.That is not in the code.They will not see language like that in the code. Councilmember Barker asked where the language comes from. City Attorney Joel Stern stated it comes from case law that has evolved since the development fee ordinance was drafted. Councilmember Coleman asked if there was anything in the code that would prohibit payments over time. City Attorney Joel Stern stated there is not. City Manager George Hoffman stated another way of framing the question is to ask if local governments are allowed to extend credit. City Attorney Joel Stern stated they cannot.Article 9, Section 7 of the Constitution prohibits it.He was answering a direct question.Now he is answering Mr. Hoffman's question.It would probably be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 8 OF 19 considered a gift or credit which the city council is not supposed to do over time. Councilmember Coleman commented he could go to a bank, let them make the loan, and pay the bank over time. Councilmember Eck stated they are not going to get a loan on a 1978 trailer. Vice Mayor Dietz agreed. Mayor Insalaco asked if the money would have to be paid if this was just the year. City Attorney Joel Stern asked if he was asking if the money would have to be paid within the year. Mayor Insalaco asked if the trailer was removed and it was within a year's time of replacing it they would not have to pay the development fees. City Attorney Joel Stern stated that is correct.They would not be waiving the fees. Mayor Insalaco asked where the money comes from then. City Attorney Joel Stern stated because they are not waiving it, they are not making a vote on the waiver.They do not have to replenish the fund from the general fund. Councilmember Coleman commented that is because it is within a year. Assistant City Manager Bryant Powell stated that is because it is already part of the development fee; it has been captured in. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 9 OF 19 Councilmember Wilson asked if it would still be a problem if they changed the ordinance to increase the period of time. City Attorney Joel Stern asked if he meant the time period to pay the development fee. Councilmember Barker commented it is the time period between one person removing a home and the other person putting a home on the property. City Attorney Joel Stern stated that would take a change in the code section and he would have to research whether they could do that. Development Services Director Brad Steinke stated they are in the process of asking these and many more questions regarding this topic to our development fee consultant and hope to have answers within a month dealing with the topic Joel raised and many others.At this point they are not in a position to answer all these questions they have asked but they will be shortly. Vice Mayor Dietz asked for a breakdown of the $9,500. Development Services Director Brad Steinke stated 80% is roads and the rest is parks, police and library. Mayor Insalaco commented he knows they will be working on this change, but this does not seem right.Twenty-one years is a long time but he hates to see these people put in jeopardy.They need some place to live. They need to get out.The city needs to get this worked on quick so that this does not happen again. City Attorney Joel Stern stated one possibility is to get from the applicant their approval of a continuance.That could take you through the time to amend the ordinance.He is not sure if they can do that as he does not know how quickly they want to get on the property. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 10 OF 19 Mayor Insalaco commented he understands they need to get in soon. Vice Mayor Dietz commented they need to be in it if not already now. City Attorney Joel Stern stated that is correct.They might have to pay a fee.If they agree to a continuance of time, that would probably hold the 45 days that Mr. Steinke mentioned earlier.They have until November 13 under the ordinance.If they do not act on it, it is basically deemed approved.To get it changed, they have to do that fairly quickly. Councilmember Eck commented he personally thinks they should pass this one.Like the sign ordinance that they have to get done, they get it done so that we are not put in this position again. Councilmember Coleman stated we will be.He looks in the report and it says the council is reminded that council reviewed and approved a request involving a 2 year gap.Now we are going to say they approved one with a 21 year gap. Councilmember Eck commented they have to come up with something solid. City Manager George Hoffman asked if non -action by the council will result in the approval of the applicant's request. City Attorney Joel Stern stated that is correct. Councilmember Coleman stated it is an approval without an approval. City Manager George Hoffman stated if there is sentiment to go in that direction.He does not know what the implications are of approving something that has not been there for 21 years.He does not know what argument they give anyone else who comes through the door who wants a REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 11 OF 19 waiver also.Several of the council have adequately pointed out that the structure of this system of fees is that new development should pay its own way.Citizens of this community, the primary emphasis of their tax dollars should be to maintain existing roadways.They had a presentation two weeks ago where their public works director told them they are slipping slowly backwards on maintaining the existing roadways.The construct here is that each new development and person that travels our roadways has some small impact.If those impacts are added up, they can design a roadway system for build out if each person pays their fractional portion.If they start not having each person pay their fractional portion, then at some point that roadway system will be expanded by the citizens of Apache Junction who will have to pay for the maintenance of the roadways and the new construction.He is saying this more for the audience than for the council who already knows how this is structured.If they are inclined to do this while these changes are being looked at and the studies are being done, the challenge is that the body of knowledge on development fees is not fixed.It evolves over time.It is critical to go back over what they are doing because of case law.It might be better, if they are inclined to approve it, to just not act on it and let it get approval by their non -action. City Attorney Joel Stern stated if they do decide to do a new study with development fees and they get increased, that increase cannot take effect until after June of 2012.They cannot even vote in an increase before then. Vice Mayor Dietz stated he does not think they are looking at voting for an increase anyway. City Attorney Joel Stern stated if the study comes back and recommends increases, it is a possibility of happening. Councilmember Coleman commented that is because of the state law that was just enacted. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 12 OF 19 Cit Attorney Joel Stern stated it was enacted within the past year. Councilmember Coleman stated there was a moratorium. City Attorney Joel Stern stated that is correct. City Manager George Hoffman stated part of the interest in looking at the new study is a concept of zones.They really think that north of Baseline Road there is far less need for infrastructure than south.They are optimistic that they can reduce those fees north of Baseline. Councilmember Serdy asked how Habitat for Humanity works and if he would be a candidate for that. Mayor Insalaco stated he would not.They have to put in 400 sweat hours, they have to meet the criteria, they have to have a steady job for 2 years, there cannot be any felonies, and there is a whole bunch of stuff. Councilmember Eck commented they buy the land. Mayor Insalaco commented they actually buy the home.They pay the mortgage, there is just no interest.They do not pay the bank; they pay it back to Habitat to Humanity.The money goes into their next subdivision or next place. City Attorney Joel Stern stated there may be a possibility of the CDBG program being of assistance.Staff could possibly direct the applicant there, also. City Clerk Kathleen Connelly stated she believes the new law also says that if there are going to be any fee changes, it has to be noticed at least 60 days in advance. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 13 OF 19 City Attorney Joel Stern stated the current process is different than it was. City Clerk Kathleen Connelly commented they need to understand that there is a time frame here.At the very least they have a 60 day pre -action notification process. Mayor Insalaco called for a motion. Councilmember Eck asked if they make a motion if they do not want to take action. City Attorney Joel Stern stated he has not heard a motion yet.If there is no motion, then the effect of that is no action.After November 13, this will be approved. Councilmember Barker commented it is approval by omission.The next person that comes along could then hold off their appeal until they are within a week or two of that time frame. City Attorney Joel Stern stated this was brought to council weeks ago.Mr. Steinke put it on the agenda timely.There has also been a work session item on this. Councilmember Barker stated we did not put it off.Given the same routine where they bring it before council, it is on a work session, and it seems to her that this could be repeated again and again.If we approve this by omission of a vote, then we set another precedent. City Attorney Joel Stern stated that is not the case.It would be a public precedent, but not a legal precedent. Vice Mayor Dietz commented if they do not take any action on this, the only two they have dealt with is a one year period and a two year period in between and that was it. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 14 OF 19 City Attorney Joel Stern stated each case was different.You do not set a legal precedent.They do not have to vote yes or no the next time. Each case is different.It depends on the applicant and it depends on the property and what is being proposed.It also involves the type of housing.They do not set a legal precedent by voting no, yes or taking no action tonight. Councilmember Wilson asked if they could cause a problem if they picked a 10 year window tonight to have this done. City Attorney Joel Stern stated the arbitrary language that he uses scares him a little bit.He would do some research on that.There might be some new law on that saying you cannot even do the year any more.He is not sure and does not have the answer for them tonight. Vice Mayor Dietz commented they will deal with that when they look at the new language for the development fees. Mayor Insalaco called for a motion. Councilmember Coleman MOVED THAT THE APPEAL OF THE DEVELOPMENT FEE ORDINANCE BY JUVER HEREDIA IN THE AMOUNT OF $9,508 FOR THE RESIDENTIAL FEE FOR PLACEMENT OF A MOBILE HOME ON PROPERTY LOCATED AT 1675 EAST CODY STREET BE DENIED. Councilmember Barker SECONDED THE MOTION. VOTE:2-5 (Mayor Insalaco, Vice Mayor Dietz and Councilmembers Wilson, Serdy and Eck voted in opposition.) The motion failed. Councilmember Eck MOVED THAT THE APPEAL OF THE DEVELOPMENT FEE ORDINANCE BY JUVER HEREDIA IN THE AMOUNT OF $9,508 FOR THE RESIDENTIAL FEE FOR PLACEMENT OF A REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 15 OF 19 MOBILE HOME ON THE PROPERTY LOCATED AT 1675 EAST CODY STREET BE APPROVED. There was general discussion on whether this motion was needed.The motion died for lack of a second. Mayor Insalaco closed the discussion and moved on to the next item. Mayor Insalaco called for a five minute recess. Mayor Insalaco reconvened the meeting.He announced that Troop 752 from Apache Junction was also in attendance. OLD BUSINESS None. NEW BUSINESS PRESENTATION AND DISCUSSION ON APACHE JUNCTION TOURISM STRATEGY ) )Economic Development Director Steve Filipowicz briefed the council on the item. Council discussed staffing, destination tourism, and funding resources. Mayor Insalaco closed the discussion and moved on to the next item. (Discussion item only - no vote taken) PRESENTATION AND DISCUSSION ON CODE ENFORCEMENT PROTOCOL )Development Services Director Brad Steinke briefed the council on the item.Council discussed what a violation is; how the violations are discovered including complaint only, complaint plus passive pro -action, and complaint plus aggressive pro -action such as sweeps; and how the violations are processed including giving someone a reasonable REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 16 OF 19 amount of time to correct the violation or issue a citation and go through the court process.Council members offered comments on the process options provided by Development Services Director Brad Steinke. Mayor Insalaco closed the discussion and moved on to the next item. (Discussion item only - no vote taken) COUNCIL DIRECTION TO STAFF None. 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, NOVEMBER 15, 2010, 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, NOVEMBER 16, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. CALL TO THE PUBLIC: Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding an incident that occurred last week where he was misquoted by a newspaper. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding ecotourism, especially recycling. Mayor Insalaco commented he and Councilmembers Wilson, Barker and Coleman attended the G.A.I.N. event that was also held at Mr. Imbeault's studio.He was flabbergasted by the local talent and has been talking up the art that can be found in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 17 OF 19 Mayor Insalaco commented local people are having trouble with their foreclosures because the banks do not want to give them up for what they can sell them for. Councilmember Wilson commented Mayor Insalaco even rode a mule over at the studio. Councilmember Wilson advised one of the reasons the recycling bins were pulled is because people were putting hazardous waste into the bin.They have been experiencing problems with people remodeling their houses and using them as trash containers.A lot of other organizations have the place controlled; this one was not. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:03 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 19, 2010. ACCEPTED THIS 16TH DAY OF NOVEMBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF NOVEMBER, 2010. As-fet-e-o— HN S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 18 OF 19 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 2nd day of November, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of November, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 19 OF 19