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HomeMy WebLinkAbout2008-05-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 20, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 20, 2008, 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 Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present: Others Present: (Councilmember Barker was absent.) City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly Finance Director Donna Meinerts Public Works Director David Fern Development Svcs. Director Brad Steinke Planning Manager Fred Baker Grants Specialist Roger Hacker Rec. Superintendent Liz Langenbach Sergeant Teresa Rodgers REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 1 OF 17 Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 08-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE FORT MCDOWELL YAVAPAI NATION FOR PROPOSITION 202 FUNDS, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND WOOD, PATEL AND ASSOCIATES FOR THE ENGINEERING SERVICES FOR THE INSTALLATION OF STREETLIGHTS FUNDED BY A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 102-08 IN AN AMOUNT NOT TO EXCEED $10,520.00; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND SALT RIVER PROJECT FOR THE INSTALLATION OF STREETLIGHTS, FUNDED BY A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 102-08, IN AN AMOUNT NOT TO EXCEED $42,780.00; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Representatives of the Lost Dutchman Marathon Committee thanked various city departments for their support and presented the city with a plaque for its sponsorship of the event, a plaque to Recreation Superintendent Liz Langenbach for her assistance in the event, and a check in the amount of $10,000 to the city for the Parks and Recreation Scholarship Fund. Mayor Insalaco recognized the Thunder Mountain Middle School Band for its gold rating at a band competition in Anaheim, California. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 2 OF 17 City Clerk Kathleen Connelly read a proclamation designating July 26, 2008, as the "National Day of the Cowboy" and presented the proclamation to Sandie Smith, Tony Vehon and James Copeland. Sergeant Teresa Rodgers gave a presentation on the new Apache Junction Animal Control Spay and Neuter Voucher Program.The program is funded through the Arizona Companion Animal Spay and Neuter Committee who is working with PetSmart. CALL TO THE PUBLIC: Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding the Ironwood bridge, the recalls, his belief that Councilmember Severs will be re- elected, proactive police work and the focal point. Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council regarding enlarging Central Arizona College, participating in the Maricopa County College System or getting a higher education private school. Mr. Jim Stephens, 3700 S. Ironwood, Apache Junction, addressed the council regarding a police officer being suspended instead of terminated, charges against an animal control officer, and demanding an investigation of the city attorney. Ms. Glenda Serdy, 1425 S. Coconino, Apache Junction, addressed the council regarding charges against her son not being dropped. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council regarding his approval of the new chief, charges against his grandson not being dropped, and advising that a civil action will be filed. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the recall petitions on Councilmember Severs and other recall efforts. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding vendors selling in the city while others had their licenses revoked and he spoke again in support of the artists. Ms. Juli McDaid, 663 S. Ocotillo #2, Apache Junction, addressed the council regarding towing companies and requested that the REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 3 OF 17 city manager and city attorney be prohibited from adding more tow companies to the list until the new chief is on board. Councilmember Serdy requested the city attorney and city clerk look into the comments made by Mr. Imbeault and see if there is a double standard. Vice Mayor Eck agreed with Councilmember Serdy; commented Central Arizona College tried to get a bond but was turned down because of where the money was going to be spent as the people in this area wanted the money spent on this campus; one of the largest problems is that the college depends on bonds like other schools and 48% of the property tax goes to education and people are saying enough; it is difficult to bond and he does not know if they have another mechanism of getting revenues as it is getting harder and harder for bonds to pass; the enlargement of Central Arizona College would help create a downtown; that he has a son in a similar situation as Ms. Serdy only his is taking place in Maricopa County, the adult who hit him and others plus sold guns is still at large, and he is getting no response from the county; and that they are addressing all towing issues at this time. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he attended a meeting last Friday with Pinal County Emergency Management.They are looking into the potential dangers of wildfires throughout the county.He gave them a brochure from Arizona Firewise Communities. CITY MANAGER'S REPORT City Manager George Hoffman commented on City Clerk Kathy Connelly receiving her second certification from the Secretary of State's Office as a State of Arizona Election Officer, the Arizona Home Buyers and Renters Bill of Rights, and the Arizona Real Estate Recovery Fund. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., BAR LIQUOR LICENSE FOR DOG RUN SALOON ) REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 4 OF 17 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Earl Green, 108 N. Meridian, Apache Junction, and Bret Lockhart, 1738 N. Avoca, Mesa, addressed the council. Councilmember Severs commented he was glad they took the place over.He feels it will become a valuable asset to the community.He hoped the transaction would occur without their losing too much money at first.It is a tough business and they should stick with it. The business will pick up. 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 discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON, SUBMITTED BY WILLIAM LOCKHART, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1319, CASE PZ-2-08, A PLANNED DEVELOPMENT PLAN APPROVAL REQUEST BY EMPIRE SOUTHWEST, LLC ) )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 5 OF 17 Mr. Grant Taylor, 1725 S. Country Club, Mesa, addressed the council.He stated they are excited to move forward with the project.They have worked with staff to fine tune the look of the building; it is a deviation from the other 3 buildings they have built in the state.The owner, Mr. Whiteman, is happy with what he has seen and has approved it. 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. Vice Mayor Eck commented he wants to see Empire come into the community, but he cannot believe they are going to allow this type of design on a building that has an industrial park directly behind it.It has a whole other set of standards.The buildings are stucco and have wood vegas coming out of them; they have a design to them. It was mentioned the Winchester sign will have some type of block that is with the building on the sign.He thinks the freeway sign looks absolutely horrible.They have beaten other businesses up on this and denied them, even though the hotel was going to put a two -column veneer rock sign up.They have a very short area of development between Idaho and Tomahawk along the freeway, then they are through Apache Junction.He questioned what this building would look like if it was going up in Gold Canyon.He did not think it would look like this, as there is enough design review in the county to get something that looks more attractive than this.It is a concern of his, especially when they are telling the people south of this that they have to do so much more.He cannot support a planned development when they do not have a development agreement yet.He is not ready to put his stamp on this without one. Councilmember Dietz asked if going forward with the planned development would interfere with any future dealings. City Attorney Joel Stern stated they are in the preliminary stages of the development agreement.They have talked about things other than site issues in the agreement.He does not see a conflict as this is just a planned development amendment.It is a legislative act and a councilmember can vote on it or not vote on it. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 6 OF 17 Councilmember Severs asked why this one is different.They normally have the development agreement finished and agreed upon before they get to this point. City Attorney Joel Stern stated he does not believe the manager was asked to keep them together.They might want to ask the applicant. - Councilmember Severs commented it seems like they are agreeing on something before we have agreed on all the details of that something.It does not seem right. City Attorney Joel Stern repeated they might want to ask the applicant. Mr. Grant Taylor stated the development agreement is more back end on the financing side of things, such as the main incentives and the public improvements they will be putting in, infrastructure -wise for the public benefit, and that they may see some return on sales tax dollars. It has nothing to do with the type of building they are constructing or the site plan.They are two separate agreements and there is nothing legally that says they have to do both at the same time.They would like to, but there are some things taking place where the timing is not right. Councilmember Dietz commented this is the first one that has come up where we are doing the planned development amendment before the agreement.It just seems a little out of place and they were curious as to why. Vice Mayor Eck commented that with the agreement they are asking here and the council is saying here.They are far apart. Mr. Grant Taylor stated it has nothing to do with the building. Vice Mayor Eck commented it does to him. Mr. Grant Taylor stated they could still build the building without a development agreement REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 7 OF 17 and move the business here without that.He asked if that were correct. City Attorney Joel Stern stated that is correct. Vice Mayor Eck commented he would try to put a stop to it if there is no development agreement.He does not see why the business should control the city rather than the city controlling its destination. Mr. Grant Taylor asked if they have a development agreement with every business that operates in Apache Junction. Vice Mayor Eck commented they do with those that are a planned development. City Attorney Joel Stern stated zoning is separate but in some cases they can include both.They did it with Diversified, dictating what they wanted on the building.However, the corporation in this case does have some timelines and they wanted to come forward with the zoning as quickly as possible.It is a planned development amendment, but there is no legal requirement to bring them together unless the council wanted to dictate certain things. They only need the zoning to get a building permit, not a development agreement. City Manager George Hoffman agreed with the city attorney and Mr. Taylor.Many businesses come to the community without looking to partner on public infrastructure costs.He encouraged them to do as Mr. Taylor asked; assess this project in and of itself. City Attorney Joel Stern stated if they want them to have a development agreement they could vote no.They can vote no for any reason as it is a legislative act and they do not have to explain their reason. Councilmember Wilson asked if the sign on the freeway will look the way it is depicted now or is it going to change. Senior Planner Rudy Esquivias stated one of the conditions of approval is that the applicants REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 8 OF 17 shall work with staff to incorporate elements on the sign that are reflective of the building.The building has black and yellow elements, but it also has split -faced block and the darker brick band which should be incorporated into the sign. Staff would like the elements to be carried up to the horizontal box displaying the name.The black should be hidden.The architect indicated at the commission meeting that putting the brick all the way up 9' and 16' might pose some structural issues.The commission recommended they work with staff to achieve the intent as much as possible.It may not go all the way up, but elements of the building will be incorporated into the sign itself. Councilmember Wilson stated they have insisted some other signs be different and incorporate more of the brickwork. Mayor Insalaco asked if they would see the same thickness for the pole view that they are currently seeing on the diagram or if it would be thicker with the brick around it. Senior Planner Rudy Esquivias stated he believed the brick would add more bulk. Mayor Insalaco commented he wants it to look better than a telephone pole.He called for additional discussion.There being no more discussion, he called for a motion. Councilmember Severs MOVED THAT ORDINANCE NO. 1319 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 9 OF 17 Councilmember Severs MOVED THAT ORDINANCE NO. 1319, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE CUSTOMERS WORK WITH OUR STAFF TO GET AS MUCH IMPROVEMENT ON THE SIGN AS POSSIBLE. Councilmember Dietz SECONDED THE MOTION. There was general discussion on the improvements the council wanted on the sign. Councilmember Severs AMENDED HIS MOTION TO STATE HE WOULD LIKE THE STONE GOING AS HIGH AS POSSIBLE. Councilmember Dietz SECONDED THE MOTION. VOTE:5-1 (Vice Mayor Eck voted in opposition.) The motion carried. minute break. meeting. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CHANGING CITY CODE PROVISION ARTICLE 3-6 DEPARTMENT OF PUBLIC SAFETY,SECTION 3-6-3(B) APPOINTMENT AND DISMISSAL OF THE PUBLIC SAFETY DIRECTOR REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 10 OF 17 Mayor Insalaco called for a 5 Mayor Insalaco reconvened the ) )City Attorney Joel Stern briefed the council on the item. Vice Mayor Eck asked if they were just changing the policy on the council ratifying the position.After that, the council would have nothing more to do with it. City Manager George Hoffman stated the discussion is if the council wants the chief of police position to be ratified as other department directors are ratified.They are ratified one time at initial appointment. The consensus of the council was that was what they wanted. City Manager George Hoffman stated this is the opportunity for them to give direction to bring it back with whatever code changes need to be done to effectuate that. Mayor Insalaco closed the discussion and called for a motion. Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGING CITY CODE PROVISION ARTICLE 3-6 DEPARTMENT OF PUBLIC SAFETY,SECTION 3-6-3(B)APPOINTMENT AND DISMISSAL OF THE PUBLIC SAFETY DIRECTOR:THAT RATIFICATION HAPPEN UPON HIRING ONLY; IT DOES NOT HAVE TO BE DONE UPON RENEWAL OF CONTRACTS. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. POSSIBLE MODIFICATION TO THE DEFINITION OF FRONT YARDS ON LARGE LOTS ) )Councilmember Wilson briefed the council on the item.This is especially needed for the large lots.It has come to light because of the items in the yards, and not everything has been parked in front of REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 11 OF 17 houses.There are some restrictions on the use of front yards. If the house is set all the way back as far as 100' or 200' from the property line, it limits what the property can be used for. He would like to work with Brad to come up with a definition as to what constitutes a front yard. Vice Mayor Eck asked if he was asking for a definition that would be helpful to those people. Councilmember Wilson stated it would be helpful to them and to code enforcement. Councilmember Severs asked if he had an idea for a definition now. Councilmember Wilson stated his original idea was for the setback requirements for a house, but he would like to work with staff to come up with what they feel would be a good definition.He feels the setbacks would be hard to arbitrarily pick. Councilmember Dietz stated he had always figured in his head that the front of the house is where your street address is.That would be your front. Councilmember Severs commented that is what he always thought until he saw the different ones with the house sitting sideways. Councilmember Dietz commented they can face the house whatever way they want but the address side would still be the front.It would be where the address is.They could come into his yard with his house facing the other way but coming through the gate on the address side they would still be coming through his front yard. Vice Mayor Eck commented he had a friend who lived on a corner who was not allowed to use one street and had to use the other because the address was already appointed.He had to build his house strange in order to meet the setbacks.He would like to do something to resolve those types of issues. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 12 OF 17 Councilmember Severs commented he and the council have taken a lot of criticism lately for wasting time on ridiculous items like front yards. The public needs to know that there are hundreds of people in the community that are affected by our definition or lack of clear definition of what front yards are.They are not doing this to be wasting time or helping small groups of people.It is something that needs to be corrected because it does affect a major portion of our population.He hoped they could come up with something that will help all the people that need help.He thanked Councilmember Wilson for working on this. Mayor Insalaco asked what he is considering a large lot. Councilmember Wilson commented it could be any lot.If they have a home in a subdivision, they have a definition in that subdivision as to what their front yard is.The larger lots that are not in subdivisions that could sit on anywhere from a half acre to 5 acres do not have a definition as to what constitutes a front yard.The house could be to the back of the property and face the house the opposite direction.The homeowner's belief of, what is the front yard could be the opposite of what someone else believes.It has come to light when several people tried to change their address through the post office because they wanted their front yard to be on the opposite side.The post office would not allow them to do that.As a result, if one owns from one street to another, they are stuck with what the post office says is the front yard.If they are facing the opposite street, it would make the backyard the front yard according to the post office.He would like to come up with a simple definition to include the idea that it is the address side that will be the front yard.It would be arbitrarily the setback requirements for the house from the street for the front yard.If they have put up a fence there because it is the front yard, it has to be a 4' fence.They can put up a higher fence once they reach the setback requirements and start using that area. Councilmember Severs commented the setbacks are 33' from the center of the street. Councilmember Wilson stated he asked and was told it would depend on the zoning. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 13 OF 17 Councilmember Severs commented if the setbacks are 33' from the center of the right- of-way, then the front yard would be from that point forward and everything else would just be their yard.If they did have a travel trailer parked in their yard, it could be anywhere except the 33' line to the center of the street. Councilmember Wilson stated if they are using 33' that would be true. Councilmember Severs commented that is not a bad idea. Councilmember Serdy stated he may be off base, but people in new houses may be trying to gain unfair advantage by getting the big lot in the corner so that they do not have to disguise anything.People would be moving their houses to the back just to gain the advantage over other people that choose to have a front and back yard.He asked if that were possible and if it should be looked into. Councilmember Dietz commented he does not see the advantage of that other than being further off the road. Councilmember Serdy commented they could have motor homes and a bunch of stuff in the front yard. Councilmember Dietz commented that it would be fenced. Councilmember Serdy commented they moved into the corner where they have this buffer. Councilmember Dietz commented it would still have to be fenced at the setback. Councilmember Serdy commented he would just like to know if anyone would try to gain unfair advantage on a large lot, scooting things back into a corner where others cannot. City Manager George Hoffman stated he would be interested in working with Councilmember REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 14 OF 17 Wilson, Councilmember Severs and maybe a third councilmember plus staff and take some time to work through the kinds of scenarios that Councilmember Serdy just raised.Respectfully, the issues start out simple and are followed through on one thread to find there is a whole fabric there.He would like to do •the homework and be able to come back with a more informed discussion on the part of council.His intent is to put together a team to work the issue. Vice Mayor Eck stated he would like to do it but he believes Councilmember Serdy has a different opinion.To be a more biased group, throw Councilmember Serdy on there. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE POSSIBLE MODIFICATION TO THE DEFINITION OF FRONT YARDS ON LARGE LOTS:TO INCLUDE A COUNCIL WORKING GROUP OF JEFF, MYSELF. City Manager George Hoffman stated it should be the city manager's working group.He should just give the direction if council wants the issue of large lots to be looked at, it would be sufficient. Councilmember Severs asked if they could eliminate the word large. City Manager George Hoffman stated that would be a council policy issue. Councilmember Severs stated that way they could work on everything. Councilmember Wilson AMENDED HIS MOTION TO REMOVE THE WORDS LARGE LOTS AND WORK WITH STAFF TO COME UP WITH A DEFINITION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 15 OF 17 The motion carried. 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, JUNE 2, 2008, 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, JUNE 3, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED ) )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 May 6, 2008. 3. Approval of Resolution No. 08-11:Authority to submit a grant application to the Fort McDowell Yavapai Nation State Shared Revenue Program. 4. Approval of contract with Wood, Patel and Associates for the engineering services for the installation of street lights funded by a Community Development Block Grant Project No. 102-08 in an amount not to exceed $10,520.00. 5. Approval of contract with Salt River Project for the installation of street lights funded by a Community Development Block Grant Project No. 102-08 in an amount not to exceed $42,780.00. ACCEPTED THIS 3RD DAY OF JUNE, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 16 OF 17 SIGNED AND ATTESTED TO THIS 3RD DAY OF JUNE, 2008. ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO yor 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 20th day of May, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of May, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2008 PAGE 17 OF 17