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HomeMy WebLinkAbout2009-02-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 17, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 17, 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 7:05 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (Councilmember Barker was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Library Director Pam Loui Public Works Director David Fern Development Svcs. Director Brad Steinke Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mr. Brian Furjac, Vice President, and Jeff Certakowski, Special Events Coordinator, Packages.From Home, gave a brief presentation on their organization. CALL TO THE PUBLIC: Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council regarding the costs associated with recall candidates getting into office. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding a question on his residency, businesses that have left the city, concerns on infrastructure upgrades and the city's reputation, and different fees. Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council regarding alleged lies about him. Mr. Jim Stephens, 3700 S. Ironwood Drive #156, Apache Junction, addressed the council regarding what the recall candidates want and misinformation that had been published. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council regarding drug paraphernalia and Mexico cracking down on meth labs which might cause an increase in them in Arizona. Mr. Ted Mueller, 3700 S. Ironwood Drive #155, Apache Junction, addressed the council to thank the library and staff for touching the residents' lives and spoke against the council abandoning the policy of reimbursing staff for their tuition. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 2 OF 14 Mr. David Dowdle, 2303 E. Cochise Avenue, Apache Junction, addressed the council regarding his being a candidate for council and his residency. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding remarks in the newspaper and a change in city leadership. Mr. Joe Severs, 1904 E. Schooner, Gilbert, addressed the council regarding Neighbors Helping Neighbors, the Lost Dutchman Days food bins, and trying to get Country Thunder to Apache Junction. Mr. John Kantowski, 835 W. Windsong, Apache Junction, spoke in support of the Home Rule Option. Ms. Maria Ewell, 1330 W. Roundup, Apache Junction, addressed the council to ask when the council meetings had turned into candidate forums. Vice Mayor Eck requested they get a copy of what Christa Rizzi had and determine if it should be addressed at the local or state level.He believes it is something being used for drugs that we do not want in our community.If we can keep it out of our community, that is fine.He has noticed they are in other communities and asked if they have to go to the state to address it.He thinks it is something that should be done.He appreciated the thoughts of Jimmy Eidson and hopes that his fears of a change in staff will not happen should something change due to the election.We have an excellent staff including the city manager, city attorney, judge, public works, library, parks and recreation, Kathy's whole department, and the economic department.He has seen them grow so much over the last couple decades he could not imagine saying it is time to go and start all over.He does not believe in that philosophy at all.He hopes it is a concern that does not become a concern. He does not go on the blogs as Mr. Fisher has and urged him not to do so.They are evil; they will get you.They do not get you anywhere, they just agitate you.He added Empire is coming into the community and the expenditures are $300,000 to $400,000 for the road.It should be a prosperous business for sales and work.They are bringing in the jobs we need, with jobs for 45 employees starting at $19/hour.He was offended when it was said that he calls himself a Christian, because he does.He REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 3 OF 14 commented we are not all perfect, but he thinks most people would call themselves Christians.He does not know what he is getting at by that.Signs have been stolen, but it has not been specific.He believes more recall signs have been stolen, but he has had 20 to 25 of his 18" x 24" stolen.They have been taken, not just kicked over.Once in awhile they are kicked over.It is something that happens on most every election. He does not think people should be pointing at the other person because he does not think it is the candidates doing it.He hopes not.There was a statement about being appalled by the limited monies for education.He asked where the city is at on that.He asked if the city is not giving any tuition reimbursement at all or if it has just been reduced.He has also been told that only 25% of the budget is bricks and mortar and programs.The remaining 75% is employee salaries and benefits.He believes the employees would much rather lose tuition reimbursement than the dollars per hour.That is how it has been explained to him.Time will tell what will happen in the community with the election.Ms. Flynn stated it is not about getting rid of people, that she liked George, and she did not care that he did not want to speak to her, but Mr. Stern has to go.That is a pretty direct hit.He does not believe in that statement.He does not think she should come in and just start firing the lead staff.He does not see where that is necessary.It has been a long time.He thinks staff, more than the council, is waiting for March 10 so we can hurry up and get this over with and know what is going to happen.In the Mesa Tribune former police chief Walp did make a statement where he said he was not considering the position of city manager, but after discussing it he was interested, and that he would be happy to lead Apache Junction into the 21st century.This goes back and forth.There are quoted statements and this is where a lot of these concerns are at.They have one more meeting and then they have an election.He suggested skipping the next meeting and just get on with the election. Councilmember Coleman commented Elliott mentioned Bashas' closing.In Saturday's newspaper Bashas' announced that they would be closing 5 more stores, 2 in Mesa.He is not sure that the city drove them out after the 40 years they were here in town.He does not know how to explain development fees any clearer.Elliott was talking about the new homes coming in and that increases the tax base.The development fees pay for the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 4 OF 14 infrastructure costs.After they are here and the homes are sold, the taxes go to pay the operating costs.He does not believe the city should be paving the roads for the developers. That is a burden they should bear.We collect the development fees so that we can widen streets like Southern.In the old days, when he first moved here, it was plenty big for them to drive on and they had no backups.With the increased growth, the arterials have to be widened and expanded.They have done Broadway, Superstition and most of Southern.That is what those fees go for.He commented this is his eighth city election and he has only lost 3 signs.He has had some that were pushed over with bicycle tracks found on one of them, so it could have been students at the school.He has noticed that his are not as well placed as some of the ones that have disappeared.He does not know who is doing it, but it is wrong.It is against the law; he believes there is a $50 fine for each sign that disappears, or it is more than that if it can be found.It makes all of them look bad in his opinion.He wishes they had education reimbursement at the school when he was getting his master's degree.None of his tuition was reimbursed at all.He paid for it yet he was expected to get it.He commented to Shannon that he had tried to be as careful as he could be with his response to the disagreements that he had with the article printed the week before because he knew it would be scrutinized.Perhaps the 19:19 was something in error on his computer.It might have to do with his computer speed; he does not know.He thought he was pretty close.He was encouraging people to take a look at the statements made in those 3 particular meetings.He was not trying to be misleading or anything like that.If it is really at 21 minutes, then it is at 21 minutes.He apologized if his calculation was wrong on that, but he pretty much stands behind everything that he wrote in that article.He listed, starting with 1995 because that was the date he was elected mayor, when all those businesses went in.He thinks most of them have come since 2000.His daughter graduated from Apache Junction High School in 2000 and told him there was nothing here then.People that have only been here a year or two, since the city has been engaged in this community discussion, may not know that.It may appear stagnant from that, but in his opinion, when he looks down there south of the freeway at the Empire Machinery building going up, they are trying to hold their own.He mentioned in the article a couple of challenges the city faces, that being at the foot of the mountain, the flood control easement, and the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 5 OF 14 drainage problems in the flood plain.These are things they are trying to overcome, plan for and look to the future for so that we can expand.He has had people tell him in the low density areas of the city that it does not affect them down there.If they want those areas to stay low density and still increase our tax base we do need to be able to grow to the south.He agreed with Mr. Kantowski that we need to pass home rule, and the comments of Maria Ewell about call to the public.He is sorry to make this sound like a campaign speech but he feels like he should have the opportunity to address some of the things that were mentioned to us. Councilmember Wilson commented he agreed with Mr. Kantowski on the aspects of home rule.Even 1,000% times 0 is still 0. These are everyday services.There are a lot of people that have gone through the library; it is well used.He commented to Mr. Fisher that he came on the city council almost 2 years ago and if he remembers correctly, Bashas' was already closing or in the process of closing and K Mart had been long since closed. The current city council had no involvement in that. Councilmember Serdy commented it has been one of his goals to get Country Thunder and events like that here.He does not know if they are quite ready for it.They have been working on getting the rodeo grounds freed up for stuff like that.He does not know what crashing Queen Creek's council meeting will do to help that.He would like to talk to him after the meeting.It is a shame that they do not utilize the rodeo grounds.It is like building a swimming pool for $10,000 and you swim in it one time, it cost $10,000 to swim in it.When you swim in it the second time it cost you $5,000.The more you use it, it gets well worth it.It should be used often and become one of the cornerstones of the town. Vice Mayor Eck commented he would think the facilities would be the biggest issue but that might be resolved easier than first thought. ANNOUNCEMENT OF CURRENT EVENTS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 6 OF 14 CITY MANAGER'S REPORT City Manager George Hoffman commented on the Lost Dutchman Marathon, library utilization, and shopping locally.Library Director Pam Loui gave a presentation on the youth programs at the library. PUBLIC HEARINGS PROPOSED CASE AN -1-06, ANNEXATION OF 123 ACRES OF VACANT PRIVATE LAND ON THE SOUTHEAST CORNER OF WEST SOUTHERN AND SOUTH MERIDIAN )Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Eck asked how many signatures would be needed for the annexation. Senior Planner Rudy Esquivias stated there is one property owner.There are two parcels, 3A and 3B.Fortune Travel Incorporated owns the majority of the property.However, Salt River Project may have some lines.The phone company and gas company may also have some lines. Vice Mayor Eck asked if he would have to go out and get adjacent property owners to sign off on this. Senior Planner Rudy Esquivias stated he would not. Vice Mayor Eck commented that would be on the rezoning. Senior Planner Rudy Esquivias stated they notify all property owners within 300 feet. Vice Mayor Eck commented they would respond if they have a concern. Senior Planner Rudy Esquivias stated that is correct.That public hearing will be next REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 7 OF 14 Tuesday with the Planning and Zoning Commission.They have already had the work session on it. Vice Mayor Eck asked if they are looking at mid -April for the annexation and rezoning to come before the council. Senior Planner Rudy Esquivias stated they have tentatively scheduled that for April 7, if they have gotten all the signatures required, they have been recorded, and have time to schedule the item. Councilmember Coleman asked if they should ask questions about the rezoning here. Senior Planner Rudy Esquivias stated that would be on March 16 at the work session. Mayor Insalaco requested the applicant address the council.The applicant declined.He then opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, addressed the council.He asked what kind of development there would be and if the potential rezoning is allowed under the general plan. Senior Planner Rudy Esquivias stated the current proposal under rezoning case is for a manufactured home community of about 650 spaces with a large clubhouse area and other recreational amenities.With the exception of the commercial corner which the applicants are currently leaving off of the annexation proposal, the property is basically designated residential.The west half is high density residential and the east half is medium density residential.The general plan does not say what kind of residential it has to be.As proposed the project falls in a high/medium density residential category.If they rezone the commercial corner, it will just kick it over into the high density residential category.The policies of the general plan allow for rezoning of this type because the land uses are not significantly being intensified.It is okay with our general plan. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 8 OF 14 Councilmember Coleman asked if it would still meet with the conditions of the general plan if the commercial piece were included in the rezoning. Senior Planner Rudy Esquivias stated it would. City Attorney Joel Stern stated the northwest corner of the property will be included in the general plan.It will all be annexed; it is just not part of the rezoning at this time. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he closed the item as it is a hearing only and moved on to the next item. DEVELOPMENT FEE WAIVER APPEAL AND PROPOSED DEVELOPMENT AGREEMENT RELATING TO A CHANGE IN USE/ REMODEL AT 2341 N. APACHE TRAIL ) )City Attorney Joel Stern briefed the council on the item. Development Services Director Brad Steinke briefed the council on the deal points of the agreement. Councilmember Dietz commented the $6,460 is close to $1,000 cheaper than what the applicant had stated he was willing to pay when he first came to the council with this. Development Services Director Brad Steinke stated he had thrown out some numbers originally based on some original numbers. Councilmember Dietz commented it was in the applicant's letter that he gave to the council at the last meeting.He mentioned he would be willing to pay somewhere between $7,200 to $7,800.We actually came in at REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 9 OF 14 $6,460 which is about $1,000 under what he was willing to pay. It ends up being a little bit sweeter deal for him. Development Services Director Brad Steinke stated that is correct. Mayor Insalaco requested the applicant address the council. Mr. Mehmood Mohiuddin spoke from the audience but was inaudible. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented on how this now seems to have gone so smoothly after Mr. Severs came up during a call to the public and basically begged the city to adjust the impact fee on this property.He believes the impact fees are growth stunting and need to be adjusted to the current economic condition. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Coleman commented they have asked staff to go back and take a look at the development fee structure.Perhaps some construction may not be as expensive as it had been in the past.If it was growth stunting, everyone would be coming here rather than Scottsdale as our fees are substantially lower than Scottsdale. They locate in Scottsdale because they know their long term investment is going to be protected.It is not because there is less restriction in Scottsdale than there is here or less requirements for landscaping.They have a development fee for public art.He does not buy that.It may be difficult for entrepreneurs that have no backing, and this may be a case of that.He agrees to disagree on that as they have for the eight or nine years since they have been instituted.Generally speaking our residents expect that growth will not be taxpayer subsidized.It will pay for itself through the increased costs REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 10 OF 14 of infrastructure.We do ,not mind growth, a little bit and controlled, we just do not want to pay for it.Those people must come in and invest in our community. Vice Mayor Eck commented he was under the assumption that this item brought awareness to them that they were in line with all development fees excluding redevelopment.We are going to take a look at our fees in this specific area.He asked the city manager if that is what he got from this project. City Manager George Hoffman stated his understanding is that we are to go back with the niche specialist who put these things together and explore the issue of whether it makes sense to have two zones, one for the area north of the freeway and one for the area south, and whether we can make it more affordable for the area north of the freeway.They have already initiated contact with the consultant.Another area of exploration is whether they can assess commercial projects so that we enhance our competitive ability on developments with an eye towards insuring that growth pays for itself.Especially if there are ways that we can enhance our competitiveness for commercial development.. Councilmember Dietz commented in this case the development fees were actually based on new development not redevelopment. City Manager George Hoffman stated they looked at the marginal increase on the impact between a warehouse and a restaurant activity.He does not believe that they separate out a revitalization effort per se. They have heard an interest in exploring that and staff is exploring that. Vice Mayor Eck commented they should do it if they can do it without having to change the wheel each time one of these comes up.If it cannot be done, then they will take them on one by one.He is terrified when he talks about dividing the community over development fees, but he will look at it when staff brings it to them.He wanted to make it clear that it was the owner who brought this to the council's attention on the night he spoke, not someone else. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 11 OF 14 it clear that it was the owner who brought this to the council's attention on the night he spoke, not someone else. City Manager George Hoffman stated numerous communities have multiple zones.It is intuitive to staff that as you look south of the freeway there are no roads.If you look north of the freeway, you see a great many roads.Rather than looking at those in the same way, they need to determine what are the marginal infrastructure costs north of the freeway versus south of the freeway.They do not know if it makes sense to separate those. Vice Mayor Eck commented they would have to look at the Housing and Urban Renewal Funds and have to split those because the north side is so bad compared to the south side.He sees where there can be issues. City Manager George Hoffman stated they have come to no conclusions.It is only an avenue of inquiry. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT (1) THE TRANSFER OF THE APPEAL WAIVER ON THIS ITEM FROM JOE SEVERS TO MEHMOOD MOHUIDDIN IS ACKNOWLEDGED RETROACTIVELY TO JANUARY 12, 2009; AND (2) THAT THE APPEAL OF THE DEVELOPMENT FEES IS GRANTED, SUBJECT TO AND CONTINGENT UPON THE APPLICANT MEETING THE DEVELOPMENT AGREEMENT AS PRESENTED IN THE PACKET. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 12 OF 14 None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 2, 2009, 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, MARCH 3, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Vice Mayor Eck SECONDED THE )Mayor Insalaco adjourned the meeting at 8:43 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of February 3, 2009. ACCEPTED THIS 3RD DAY OF MARCH, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF MARCH, 2009. N S. INSALACO ayor REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 13 OF 14 KATHLEEN CONNELLY City Clerk 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 17th day of February, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd of February, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 17, 2009 PAGE 14 OF 14