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HomeMy WebLinkAbout2009-01-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 6, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 6, 2009, 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 Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Wilson Staff Present: (Councilmembers Dietz and Serdy were absent.) 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 Finance Director Donna Meinerts Public Works Director David Fern Development Svcs. Director Brad Steinke Economic Dev. Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 1 OF 9 Others Present:City Magistrate David Alexander Deputy City Magistrate Dale Collier Park Ranger Supervisor Kelly Martin Assistant Planner Todd Kennedy ACCEPTANCE OF CONSENT AGENDA )Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT MICHELLE O'HAIR-SHATTENBERG, LISA M. PETERS, THOMAS PUKLIN, AND REBECCA STANDAGE BE APPOINTED AS MAGISTRATES PRO TEM WITH TERMS EXPIRING JANUARY 15, 2011; AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION FOR ELECTION SERVICES FOR THE MARCH/MAY 2009 CITY ELECTIONS IN AN AMOUNT NOT TO EXCEED $30,000 PER ELECTION BE RATIFIED; AND THAT THE LEGAL ADVERTISING AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR THE TIME FRAME OF JANUARY 1, 2009 THROUGH DECEMBER 31, 2009, BE RATIFIED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Manager George Hoffman gave a brief presentation on the career of Presiding Magistrate David Alexander and Mayor Insalaco presented the judge with a retirement plaque commemorating his service with the city. CALL TO THE PUBLIC: Mr. Emory Caudill, 12854 W. Windrose Drive, El Mirage, addressed the council regarding a Department of Justice case against City of Scottsdale officials over artists' rights. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 2 OF 9 Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a letter she received from the state bar on behalf of our city attorney and thanked the chief of police for his concern on a family illness. Mr. Steve White, itinerate, addressed the council regarding the federal courts defining what art is versus commercial merchandise. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the need to resolve the artist problem, to have a reasonable signature amount for initiatives, and to have a city charter. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council to encourage the mayor to make groups speaking on the same subject have only one person speak for all of them. Mr. Joe Severs, 1904 E. Schooner, Gilbert, addressed the council regarding development fees. Mr. Grant Bodrero, 2575 W. 16th Avenue, Apache Junction, addressed the council to speak out against the rezoning of land for multi -family that will put 42 houses on 4 acres. Vice Mayor Eck commented the rezoning was discussed last night at the work session and it will be back for decision in a public hearing at the next meeting or two.He might want to watch for it in the near future on a Tuesday night. Councilmember Barker requested Mr. Severs be contacted on the development fees as it appears they are terribly high. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman introduced Park Ranger Supervisor Kelly Martin, who gave a presentation on the park ranger program. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 3 OF 9 PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF POSSIBLE CHANGES TO LANDSCAPING AND SCREENING REQUIREMENTS )Assistant Planner Todd Kennedy briefed the council on the item. Councilmember Coleman asked if they already allowed for phasing in of landscaping for change of use. Assistant Planner Todd Kennedy stated they do not.Everything is done up front.There have been some instances that he has not handled that have been a change of use. Councilmember Coleman asked if they had used a performance bond. Assistant Planner Todd Kennedy stated they do not do that. City Clerk Kathleen Connelly stated they do not do that anymore as they were not very successful. Councilmember Coleman asked if they did not complete the requirements. City Clerk Kathleen Connelly stated they did not. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 4 OF 9 Councilmember Coleman commented he could understand the undersized lot, the wall separation for similar uses and low maintenance plants.He was concerned about the minimal discretion by staff.It should be the council that sets the policy.If it is something that does not work for everybody, then they need to take a look at it for everybody.The appeal process should be kept with the city council as they are responsible for the voters.This would remove it from the voters one more level. Councilmember Barker agreed. Vice Mayor Eck asked what he is asking the council to approve tonight.This was on a work session and he thought there were several questions among the council.It was not clear to him at all and now it is back for direction.He thought there was going to be a revision between then and now.He asked what he is looking for. Assistant Planner Todd Kennedy stated he is asking for a green light to move forward with this.He needed to know if they wanted him to move forward with the regular text amendment process and take it before the planning and zoning commission first and then on to council, or report back to the council first when something has been drawn up.They are just beginning the research for the amendment process now. Vice Mayor Eck asked if he wanted direction to go forward with these possible revisions. Assistant Planner Todd Kennedy stated that is correct, with those areas of concern, if they wanted to add to the list or disregard certain areas. Vice Mayor Eck commented he wanted to understand what was needed as it was not clear to him. He agreed that the appeals should come back to the council instead of going to the board of adjustment.If they want to look at phasing it in, then that needs to be included in the motion as it is currently not on the list. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 5 OF 9 Assistant Planner Todd Kennedy stated that would be Under change of use, or where it is supposed to be.If they would like to make that an item on its own in addition to the seven items then they may do so. Councilmember Barker asked why all retail business parking lots would screened from the street.It is on page 7, number E5.As a driver, when she goes to pull into some place, she would like to be able to see where she can park.She asked if the screening is walls.She is not sure everyone understands what he means.It states all parking lots shall be screened from public streets by walls or earth berms or combination thereof constructed at least 3 feet above the grade of the parking lot or the adjacent street, whichever is higher.They would possibly have 3 foot walls around parking lots. Councilmember Coleman commented he believes the walls that are being referred to are earth berms that are landscaping berms like they have around Fry's Plaza where there is a short wall and landscaping up to Phelps Drive. Councilmember Barker commented that is what she thought it meant but it was a little ambiguous in her mind.He is looking for direction to define the words "change of use", to amend the code for small lots, to include alternative types of buffering, xeriscape landscaping, address the parking lot maintenance, determine the appeal process, and determine whether administration should have discretion. Assistant Planner Todd Kennedy stated that is correct.They need direction to move forward on these areas to amend them, or additional items, or take some off the list. Vice Mayor Eck asked how far the administrative discretion would go.He would like some examples of what would simplify the process compared to what is being done currently. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 6 OF 9 Councilmember Barker commented this should be coming back to us once they give staff direction to further investigate this and put something together for us. Mayor Insalaco commented he is not happy with the appeals going through the board of adjustment.He then closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE CHANGES TO LANDSCAPING AND SCREENING REQUIREMENTS: THAT THEY DEFINE "CHANGE OF USE" TO READ FROM ONE LAND USE TO ANOTHER AND AMEND THE REST OF IT SO THAT IT FITS THAT; THAT THEY AMEND THE CODE TO INCLUDE SMALLER LOTS AND HAVE A DEFINITION FOR THEM TO DETERMINE IF IT IS ACTUALLY APPLICABLE TO THEM; TO INCLUDE ALTERNATIVE TYPES OF BUFFERING RATHER THAN JUST BLOCK WALL; TO LOOK INTO XERISCAPE LANDSCAPES, THAT'S WHAT WE HAVE BEEN LOOKING AT IN THE PARKING LOT MAINTENANCE; AND SHE WOULD LIKE TO SEE WHAT THEY HAVE TO SAY ABOUT ADMINISTRATION DISCRETION, SO SEE WHAT YOU CAN FIND FOR THAT; AND FINALLY, ON THE APPEAL PROCESS, SHE WOULD PREFER TO SEE IT COME BACK TO THE CITY COUNCIL. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck stated that the work session at 7:00 p.m. for Monday, January 19, 2009, will be cancelled due to observation of the Martin Luther King, Jr. Holiday.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JANUARY 20, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 7 OF 9 THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED ) ) the meeting at 7:59 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. Mayor Insalaco adjourned 2. Acceptance of Minutes of Regular Meeting of December 16, 2008. 3. Appointment of Magistrates Pro Tem. 4. Ratification of Intergovernmental Agreement With Pinal County for Election Services. 5. Ratification of Legal Advertising Agreement With Arizona Republic for Time Frame of January 1, 2009 Through December 31, 2009. ACCEPTED THIS 20TH DAY OF JANUARY, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY, 2009. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 8 OF 9 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 6th day of January, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th of January, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 6, 2009 PAGE 9 OF 9