Loading...
HomeMy WebLinkAbout2008-12-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 16, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 16, 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 Coleman gave the Invocation. PLEDGE OF ALLEGIANCE The Boys and Girls Club of the East Valley - Apache Junction Branch led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Wilson Staff Present: (Councilmember Dietz was absent.) 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 Others Present:Grants Specialist Roger Hacker Assistant Planner Todd Kennedy REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 1 OF 16 Senior Planner Rudy Esquivias ComMunity Relations Manager Pat Brenner ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE REQUEST TO EXCEED THE MAXIMUM INVESTMENT ON HOUSING REHABILITATION PROJECT NO. 326-07-04 LOCATED AT 1015 EAST HONDO AVENUE, APACHE JUNCTION, ARIZONA, BY A TOTAL AMOUNT NOT TO EXCEED $1,200. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC: Mr. Jim Stephens, 3700 S. Ironwood, Apache Junction, addressed the council about what programs the city has applied for with the federal funds that are to be released. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council regarding being thankful that he lives in Apache Junction with its western lifestyle. Vice Mayor Eck requested information on what grants the city was going after. Councilmember Coleman stated the request was made by Maricopa Association of Governments of which we are a member.Since the city only has a small portion in Maricopa County, he does not have the details.He asked if Central Arizona Association of Governments has a similar program going and commented the funds should be used for regional infrastructure.They could ask Maxine if there is a possibility of tapping into some of funds. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 2 OF 16 ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco announced that he and Program Coordinator Heather Patel attended two more Habitat for Humanity openings for the new homes.They would like another piece of property in the city to do another subdivision. CITY MANAGER'S REPORT City Manager George Hoffman listed the board members he has appointed for a nonprofit organization that could bring grants into the community. Community Relations Manager Pat Brenner gave a powerpoint presentation on the community relations office. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Ron Knies, 11561 E. Kiva, Mesa, addressed the council.He was there to answer any questions. Councilmember Barker commented it appears the police department will provide available security at the site. Mr. Ron Knies stated he believes the application states if required or needed. Councilmember Barker commented it states if required or requested.She asked if they are expecting officers to be out there. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 3 OF 16 Mr. Ron Knies stated he would not request them.They would equest them only if something happened. Councilmember Barker commented it is just that it was written in such a manner that it was questionable as to what was meant. 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. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTIAN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, SUBMITTED BY RON KNIES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS DISCUSSION ON POSSIBLE CHANGES TO LANDSCAPING AND SCREENING REQUIREMENTS )Assistant Planner Todd Kennedy briefed the council on the item. Councilmember Barker commented the appeals process currently goes to the council.He is talking about it possibly going to the board of adjustment. She asked if there is a cost associated with that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 4 OF 16 Assistant Planner Todd Kennedy stated he believes the cost is $270 but he would have to check on that. City Attorney Joel Stern stated he believes it is $250 plus a $500 publication fee. Councilmember Barker asked if the charge is the same if it is heard by the council or the board of adjustment. City Attorney Joel Stern stated that is just for the board of adjustment. Councilmember Barker commented the council could still remain as the appeal board and there would be no charges. City Clerk Kathleen Connelly stated there would still be a publication fee of $500.It may not all be used and the remainder would go back to the applicant.Board cases are not ordinances; it would be a relatively small publication.It should not be higher than a couple hundred dollars at tops. Senior Planner Rudy Esquivias stated there is a fee for a council appeal as well as the board of adjustment.He is not sure if it is the same amount. Councilmember Barker commented she would like to know what those fees are. Councilmember Coleman commented he still thinks the appeal should come to the council unless they are inundated with those types of requests.He does not think that has been the case.If it goes to the board of adjustment, it is just one more layer removed from the voters. He feels the change in use and existing use is huge.It is really important.He gave as an example the old ABCO.It was built before the ordinance went into effect, and their chances of ever getting the looks of that changed are nil unless there is a new owner. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 5 OF 16 Vice Mayor Eck added or a major change or renovation. Councilmember Coleman commented he does not want to give up on areas of our community that are like that.He believes it works for them to be able to have those requirements when there is a change in use.If they need to further define, so be it.He does not want to see it changed to where they can do anything and not have to make improvements.He is a little fuzzy on staff discretion and letting some things go and strengthening others.Staff will never be able to strengthen others without complaints coming to the council.They may be able to let a lot of things go, but he is not sure that would be to the city's benefit.He looks at the Fry's pictures and then looks at the others.One can see the difference in the density and the way those properties are used.He thinks part of it is the atmosphere. Councilmember Barker commented she agreed with the appeal.She liked the idea of having a variety of types of buffers rather than all walls.The picture of 16th Street looks like you are going down a house corridor or a tunnel.She liked that they put in landscape buffers or wrought iron fences.She liked the comment he made about implementing new regulations in parking lot landscaping requirements so that the managers would have to maintain the trees.They should be maintained as it is their property; they are the ones benefitting from it.She felt strange about the staff discretion because she felt they already used discretion. Otherwise, they would not have allowed the lower fence around the fire district with the plants outside.Across the street is a higher wall.Obviously they have looked at what the need and purpose is of the buffering.If the purpose is to completely get rid of what is there, then it will be a high wall.If the purpose is to cause just a barrier between two buildings, we should be able to work with that. Councilmember Wilson commented he liked the different types of buffers.He asked if they could have discretion over a period of time, such as when a business comes in the old ABCO facilities.To start out they would have to do a certain amount of the requirement, and over a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 6 OF 16 period of time they would have to meet the full requirement of the ordinance. Councilmember Coleman asked if they had done bonding before with those kinds of improvements. City Attorney Joel Stern stated they have done that before in certain circumstances. Vice Mayor Eck stated he was not as concerned with new businesses in that area, but for current businesses he knows of some that are concerned about renovating their building because Ordinance No. 940 would hit them.They have talked about a phase in that would allow them to do it in 2 or 3 different phases, giving them about 6 months for each phase to be completed.It would be a proactive approach to try to get some of these things done. Mayor Insalaco commented it would be instead of hitting them all at once with a big expenditure. Vice Mayor Eck commented one expressed concern about having to pave their lot plus there were landscaping issues.He would like to see things phased in. They have always had a concern over the 6' block wall just being used as a mandatory buffer.He remembers former Vice Mayor Anne Surra stating they do not necessarily need these block walls. They do not.If a business comes next to another business and they have an open parking lot, he could see that being done by staff.If they are not talking about that, he would like to see staff recommend an alternative where they have an open wall with stakes in it or something like that.As he showed pictures of Fry's and the fire district which shows what is currently being done, he was unsure as to what changes he is stating need to be made in order to get that done. Assistant Planner Todd Kennedy stated there was some concern brought up about parking and the possibility of shrinking the amount of landscaping needed for parking.The pictures were showing what is being done with the current standards.The picture from ABCO Plaza REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 7 OF 16 shows what happens if there are no landscaping requirements for parking. Mayor Insalaco commented there more accidents happen there than anywhere else. Assistant Planner Todd Kennedy stated there is a lot of space for speeding.They are trying to keep the parking lot landscaping as is and have some type of requirement for the property owner to maintain the trees.They do not want the overhanging branches interfering with parking next to them.He understands windshields being hit. Vice Mayor Eck stated that happens.They have to let them mature so much before they can prune them. Councilmember Serdy commented the county does a terrible job of that across the street.You can pull into the trees. Vice Mayor Eck asked if xeriscape landscaping is a part of our ordinance or do we just recommend that. Assistant Planner Todd Kennedy stated it is part of the ordinance for recommended landscaping. Vice Mayor Eck commented he thought he had said it was not mandatory.He does not see ficus trees or a lot of high use trees going up.It appears to be working.They are trying to simplify it with the 6' common walls that are mandatory between businesses.It is kind of a rubber stamp for them to go away because the businesses are using a mutual parking lot.His biggest concern was adding the phasing in so they could get something done instead of nothing. He believes that is the only way they could get anything done at ABCO Plaza unless there was a major renovation. Assistant City Manager Bryant Powell stated an area that has been difficult over the years is REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 8 OF 16 where staff has been trying to apply the code to small, narrow lots.There are a bunch of Existing businesses along the Trail. He is looking forward to their coming up with a way, whether it is by percentage of landscaping that has to be done, because if an existing property owner does not have the room, there is a problem. Assistant Planner Todd Kennedy stated one of those was his first case.It required a 10' landscape buffer but all they had was a driveway.They would all be appealed over and over again if these small lots were to be developed on a rapid scale.There would be something in the code to address that.That is where staff discretion could come in. Councilmember Serdy commented he shops all over town.The ones that irritate him are the individual islands in little parking lots.When there is a strip of trees the merchant does not lose any parking and one does not have to negotiate around these islands.They take up parking.If they do it with just strips, they do not lose parking and get more trees.He thinks some small businesses need the maximum parking; he believes the strips are a better way to go than the triangular islands. City Attorney Joel Stern stated he is not sure the ABCO Plaza parking lot should be the poster child for why this ordinance is bad.There are other things associated with that particular property and property owner that may have had an impact on why that property does not look like the Fry's parking lot.There were some other issues, some of the major, like drainage issues.There were issues with the property owner but he does not want to tell everything in public.There are some issues with this ordinance, but the picture tells a thousand words.There could have been a development agreement, but that was never done. Mayor Insalaco commented he knows what the owner is like as he rented from him for 17 years. City Clerk Kathleen Connelly stated the property predated the city. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 9 OF 16 Vice Mayor Eck commented his issues are with the businesses over off of Winchester and Royal Palm, apartment buildings that are being built on very small lots, and how to get the required landscaping in that area. That is where they have a lot of lots left and have difficulty in applying Ordinance No. 940.• Assistant Planner Todd Kennedy stated they can all be appealed.The property on Navajo has a zoning district of CR-5, multiple family residence, and about one-third of the development next to it has CR-5 with the remaining two-thirds being CR-3, single family residence.It is all residential in that area.If they see an influx of infill development in that area, than Ordinance No. 940 would apply. Mayor Insalaco closed the discussion with no more comments and moved on to the next item. COUNCIL DIRECTION TO STAFF CITY BIKE PATHS )City Manager George Hoffman briefed the council on the item. Councilmember Barker commented we have very few bike paths and a large number of people ride bikes.She has received lots of mail and lots of phone calls over the last two weeks requesting bike lanes, bike paths, a bike shop, and that mountain bikes be allowed to use the trails that already exist.People drive to Gilbert from here to take advantage of the bike paths there.She has been pushing for these since 1990.She would like to give direction to staff for any new development or any widening of streets to accommodate either a bike lane or bike path, whichever is most functional in that area.A bike lane would probably not work in a development; they would want a bike path next to the sidewalk. On the major arterials they could have one or both.It would have to be investigated for future use for the new things that are happening.She does not think they can go back and reform what we have already done, but if the opportunity comes up she will jump at it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 10 OF 16 Vice Mayor Eck agreed. He commented they should have had them when they did the street bond.At that time they were stuck with a definition rather than choices.A bike lane was a mandatory 10' and the engineer was saying there was not enough room.They were looking to get as much room as possible to try to be able to get a bike on the side of the road.If they do a new road with additional feet then they can put it in, even if they have to move the curb and gutter. Mayor Insalaco stated they are talking about an additional 4' for a bike lane. Vice Mayor Eck stated he talked to the city engineer when the city widened Broadway and Superstition.He said we had to have a mandatory 10' for the bike lane and we did not have the room.He was not looking for 10', just 2 additional feet on each side.The city engineer claimed we did not even have that.Looking at the power poles, we probably did not.The city would have had to pay to have the power poles relocated on each side.We missed a lot of opportunity there.He thinks they should put them in in the future if possible. City Manager George Hoffman asked if they wanted to hear from David Fern for his insight and for a common sense application on the street widening criterion. The city is currently widening a quarter mile of Southern from Winchester to Royal Palm. Councilmember Barker stated it is a short stretch, but she believes it should be from now on, especially in that area.That area houses a tremendous amount of children that ride their bikes to school.It is dangerous for them.That would be a bike path place, rather than a lane. City Manager George Hoffman stated he does not want to create an unsafe situation by having a short stretch of lane. Councilmember Barker stated that is true, but if the city is going to wait until we rebuild REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 11 OF 16 an entire road from its entry point in the city to its exit point to add bike lanes, then the city will never get them in. We have sidewalks for short stretches. City Manager George Hoffman stated she would them to be done when they are able but to keep safety at the forefront. Councilmember Coleman commented they would be coming off of Southern onto Royal Palm where there is a bike lane, and then there is nothing.Even if it just went to the next street over, to Winchester, where it could head back up, it would be okay.But there is nothing, even if you are running or anything.He agrees with Councilmember Barker on that.We should take it as we can get it and fill in the gaps later.At least we will have a little bit. Councilmember Barker commented they have done it with sidewalks; they should be able to do it with bike paths. Public Works Director David Fern stated this has been discussed at length internally.It is agreed that we are not a very pedestrian or bicycle friendly community but would like to correct that.There are already mechanisms in place to do the bike lanes when improvements are made.They are going to take an inventory of what systems are in place now, look at them comprehensively, figure out where the gaps are at, and then look at isolated areas that need to be connected from east to west, especially those bike lanes and bike paths coming from Maricopa County.Once they get the list established, they may decide that Lost Dutchman is a good candidate to get connectivity from Meridian to the east side of the community.They could also zigzag down Royal Palm and cut across Broadway.They can look for those opportunities.Since council expressed interest at the last work session, he has had staff looking at it internally and taking detailed inventories on bike lanes, bike paths and sidewalks. Councilmember Serdy commented Sandie Smith showed him a plan a while back to connect with Gold Canyon behind Silly Mountain.He does not want to overburden REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 12 OF 16 staff.He asked if that would be part of parks and recreation or the street department.If they could drive all the way from there to here they could bring their shoppers; we would not want our people to shop over there. Councilmember Barker commented they would want a slight incline going that way. Public Works Director David Fern stated they will be looking at it for interim fixes for small little gaps for connectivity, and then for longer term they will get a 5 year program started. Vice Mayor Eck asked if there was something that is in the plan for bikes. Public Works Director David Fern stated they have 4 details that require bike lanes on an arterial roadway and a collector roadway in their design standards and details.That is for new capital projects. Vice Mayor Eck asked what the difference is between a bike lane and a bike path. Public Works Director David Fern stated a bike path has to be at least 8' wide. Vice Mayor Eck commented there may be areas where they cannot have a bike path or a bike lane but there may be enough width to ride a bike in between the curb and gutter. Public Works Director David Fern stated that is correct.They talked about that a little last week.They can do a bike route for those isolated areas where they cannot build a bridge.The bicycle would have to pull over to get past a restriction in the roadway, but that would be a route.They have to be careful how they sign it. Vice Mayor Eck commented that is where the confusion came in when they were doing the street bond.They were looking for people to be able to at least ride REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 13 OF 16 a bike and not necessarily have ten feet.He asked if there are even sidewalks on Royal Palm in the area he was talking about. what area he was talking about. on Southern. there are no sidewalks there. Councilmember Coleman asked Vice Mayor Eck stated it is Councilmember Coleman stated Vice Mayor Eck commented they are talking about bikes and they are not even bicycle or pedestrian friendly there. Councilmember Coleman stated when you get to the end of Royal Palm you have to go into the street if you are running or walking. Public Works Director David Fern stated Old West Highway is a perfect candidate for a route as you have 10' on either shoulder and it would also connect into the Silly Mountain area as well.It is also shows up as one of the master -planned areas for the connectivity. Mayor Insalaco commented they have plenty of room on either side of the shoulder. Public Works Director David Fern stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING CITY BIKE PATHS:THAT YOU CONTINUE YOUR INVENTORY AND THAT YOU FIND THOSE PLACES WHERE WE CAN BEST BEGIN TO BUILD THESE; THAT WE INCORPORATE BIKE LANES, BIKE PATHS OR BIKE ROUTES IN NEW DEVELOPMENT, NEW ROADWAYS AND WHEN THEY ARE WIDENING EXISTING ROADWAYS; AND DECIDE WHICH ONE WOULD BE THE MOST BENEFICIAL FOR THE AREA.THEY CANNOT MANDATE THAT THEY HAVE BIKE LANES REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 14 OF 16 EVERYWHERE; THERE ARE PLACES WHERE BIKE LANES WOULD SIMPLY NOT WORK.IT WOULD BE UP TO THE FOLKS THAT ARE DOING THE IMPROVEMENTS. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 5, 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, JANUARY 6, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED ) )Mayor Insalaco adjourned the meeting at 8:18 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of December 2, 2008. 3. Consideration of a request to exceed the maximum investment on Housing Rehabilitation Project No. 326-07-04 located at 1015 East Hondo Avenue, Apache Junction, Arizona. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 15 OF 16 ACCEPTED THIS 6TH DAY OF JANUARY, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY, 2009. ATTEST: KATHLEEN CONNELLY City Clerk (9k\fl-IT.41.-2 /;-1J2PiC0 ayor 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 16th day of December, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th of December, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2008 PAGE 16 OF 16