Loading...
HomeMy WebLinkAbout2009-11-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 3, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 3, 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 Serdy gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Planning Manager Fred Baker Others Present:Captain Arnold Freeman Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ADVANCED PUBLIC SAFETY, INC., FOR PORTABLE CITATION SOFTWARE AND HARDWARE WHICH INTERFACES WITH THE POLICE DEPARTMENT'S MOBILE DATA SYSTEM, IN AN AMOUNT NOT TO EXCEED $42,200.00 BE APPROVED; AND THAT THE SIGNATURE OF THE DEPARTMENT OF PUBLIC SAFETY DIRECTOR BE RATIFIED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson gave a picture presentation on the Arizona Horse Council ride attended by state and local officials. Councilmember Serdy commented last Wednesday he and Councilmembers Dietz and Wilson got together with a group of business owners.Main Street's Ariel Ohler helped to organize it and facilitate it.They discussed what could be done to help the signage problems for the local businesses.He wanted to let the local businesses know that it is being worked on.G & G Consultants are moving forward on that.For more information, people should contact Ariel or himself.They will be looking at something at the next work session with some kind of consent for the next day. Vice Mayor Eck commented that is a job well done, and going out of his way is a good thing.Staff is working on projects but he asked who has all the right answers.Councilmember Serdy keeps trying.He could not go that night as it would have made a quorum, and he does not believe the mayor could go that night. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 2 OF 9 He added they could possibly t4t-involved in another business area in the community. City Attorney Joel Stern stated he believes they are off the agenda. Mayor Insalaco commented he was at Prospector Park on Halloween as a judge for the costumes.He added parks and recreation did a super job. Mayor Insalaco read a plaque from the Veterans of Foreign Wars Post #7968 stating a Certificate of Excellence had been granted to the city for Outstanding Performance and Lasting Contribution to the American Veterans Traveling Tribute March 12-16, 2009. This was from the Traveling Wall.He commented two winter visitors to Apache Junction who live in Good Land, Indiana, with only 1,200 for a population, asked to be put in touch with Steve Braxton, who brought the wall here.They wanted to have it in their town.Any city that wants it will have it.They had a problem with their city council as they did not want to provide the lighting.With George's help he wrote a letter to tell them what it did for our community.He got a call last week that they had the wall there in August.The town of 1,200 people had 13,000 people come and see the wall.Steve Braxton also stated they have been well received and get plenty of help at every town they have gone to.However, in the City of Apache Junction they were greeted with a police escort, a helicopter escort, and the volunteer help was amazing.Apache Junction is getting around the United States through this wall. CITY MANAGER'S REPORT City Manager George Hoffman commented council made some difficult policy choices with this year's budget.He received notice last week that across the board the state income taxes have been down dramatically by about 25%, which means the city will be taking about a $1.1 million hit.He does not believe they can wait until the next budget year to deal with a decline of that magnitude.They will be working on budget issues starting in January. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 3 OF 9 None. OLD BUSINESS None. NEW BUSINESS REQUEST FOR RECONSIDERATION OF APPOINTMENT TO PLANNING AND ZONING COMMISSION )Vice Mayor Eck commented he would like to reconsider an appointment to the Planning and Zoning Commission at the November 17 council meeting.It would be an Old Business item.There was a person that has been on that board for probably as long as he has been on the city council.He personally missed her himself.He thinks there is room enough to get everybody in to different boards and commissions.When you have this type of expertise, you use it. You take advantage of it. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE REQUEST FOR RECONSIDERATION OF AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION BE APPROVED AND THAT THE RECONSIDERATION TAKE PLACE AT THE REGULAR MEETING OF NOVEMBER 17, 2009 AS AN OLD BUSINESS ITEM. Councilmember Wilson SECONDED THE MOTION. VOTE:6-1 (Councilmember Barker voted in opposition.) The motion carried. COUNCIL DIRECTION TO STAFF MODIFICATION OF ORDINANCE NO. 1350, SECTIONS 6.0110.1,(B) AND (C) RELATING TO THE RESTRICTION OF BUILDING STRUCTURES IN THE FRONT OF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 4 OF 9 RESIDENCES IN BUILDABLE AREAS )Councilmember Barker stated this is part of Ordinance No. 1350 that they voted on two weeks ago.The night before the vote one of the biggest concerns that she expressed, along with other councilmembers, was for those people who had already conformed at that point. If the ordinance went through as it was written, they would have to spend a great deal of money getting letters of nonconformity or spend a great deal of money to remove the structures in their front yards.When she made the motion she did not put it in there.This direction to staff is nothing more than putting that in there.It will take away their need get a letter of nonconformity.It will go back to status quo as far as ' structures.It is for the structures in the front yard only, and whether they need to be there or not. Councilmember Dietz agreed. They had done that provision on the one they had done prior to that where they had made it to where they did not have to a letter of nonconformity.They could be grandfathered in rather than spend $200 to $500.He thinks this is a great housekeeping thing. Councilmember Barker stated that is basically what this is.When she talked to both Brad and Rudy they assured her that this would not be a method of instituting large numbers of structures in front of houses in subdivisions, etc., because setbacks would make that impossible. City Attorney Joel Stern commented he believes she wants to remove section 6.0110.1, sub (B) and also part of sub (C) starting with "detached accessory buildings or storage sheds on lots less than".He asked if that was correct. Councilmember Barker stated that is correct. City Attorney Joel Stern asked if that is thing she wants to do with the ordinance. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 5 OF 9 Councilmember Barker stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING MODIFICATION OF ORDINANCE NO. 1350, SECTION 6.0110.1:PARAGRAPH (B) AND THE PORTION OF (C) WHICH RELATES TO THE RESTRICTION OF BUILDING STRUCTURES IN THE FRONT RESIDENCES' BUILDABLE AREAS. Councilmember Dietz SECONDED THE MOTION. Councilmember Serdy asked for additional clarification.He asked if this makes it easier for the landowner to conform. Councilmember Barker stated it does. City Attorney Joel Stern stated he thinks that is the intent of the motion. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember 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 16, 2009, 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 17, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE,16 OF 9 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding business signage needs and the Veterans Day Parade. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, addressed the council regarding his support of Ordinance No. 1350 and presented the council with a card signed by neighbors in support of it. 'Ms. Jamie LeSage, 987 W. 14th Avenue, Apache Junction, addressed the council regarding Ordinance No. 1350 and requested assistance as she has a motor home on the side of her house. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding Ordinance No. 1350, the boat and storage facility, special treatment on how things are enforced that should be stopped, questioned if the business owners are speaking for everyone on signage and that it should be put to a vote. Councilmember Serdy stated he wanted to address Mrs. LeSage's questions.He was really torn on that vote.It was one of the hardest votes that he has had since he has been here.He does not really have a problem with those on the side; he just wanted to make sure that the fronts got taken care of.A lot of people have backyards they do not use.They recreate in the backyard but his goal, since that is the one they were working on, he wanted to do something to help send a message to clean up the front yards.If it comes back and it is addressed more towards easing up on side yards, he would be for it. Vice Mayor Eck commented he thought the vote was the right vote, however, he did not vote for it because he felt like it had so many different types; types of land within our community where some of the large rural areas might get away with a little bit more than with the small subdivisions.That is why he was wondering if they could put a number or count and that be it, REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 7 OF 9 such as one boat or one extra vehicle.It is a challenging issue.There is no clear and easy way to come up with an answer.While he supports her, he thinks in the long run Apache Junction probably needed to do this for the future. Councilmember Wilson commented he voted against it.He talked to Brad and Rudy a little on it.He has some questions and he wanted to know if they can bring this, just the side yard and fence portion of it, back at the next meeting for discussion. City Attorney Joel Stern stated Mr. Hoffman can put it on the agenda at his request.He might want to work with him on the verbiage on which provision he wants as Councilmember Barker did on the nonconforming status issues. Councilmember Dietz asked if a person who had voted for it needs to bring it back. City Attorney Joel Stern stated they are getting clarification, but at this point they should not talk anymore about it.Mr. Hoffman and Mr. Wilson should get together and talk. Vice Mayor Eck commented he thought he had something but he should stop him right away if he is out of line.He is saying those two should not talk.He asked if any ordinance change within our city they would have the right to say they would like to see it come back in three months. City Attorney Joel Stern stated he will stop him now because to have that discussion in public it needs to be on an agenda.He will talk to him after the meeting. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:34 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of October 20, 2009. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 8 OF 9 3. Consideration of a Proposed Agreement with Advanced Public Safety Portable Citation Software and Hardware In a Contract Amount Not To Exceed $42,200.00. ACCEPTED THIS 17TH DAY OF NOVEMBER, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF NOVEMBER, 2009. ATTEST: KATHLEEN CONNELLY City Clerk HN 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 3rd day of November, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th of November, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2009 PAGE 9 OF 9