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HomeMy WebLinkAbout2007-09-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 18, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 18, 2007, 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 7:02 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 Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Others Present:Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 1 OF 12 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Bob Esposito, 3942 N. Rain Cloud, Apache Junction, addressed the council regarding incentive programs for infill projects and board and commission appointments being done by new council members. Mrs. Janice Imbeault, 2835 W. Cody Street, Apache Junction, addressed the council regarding rights of original artists. Mr. Ernest Imbeault, 2835 W. Cody Street, Apache Junction, addressed the council regarding rights of original artists. Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council regarding the dedication at Four Peaks Elementary and called upon the council to support the school district. Mr. Tom Wyffels, 449 S. Colt Road, Apache Junction, addressed the council in support of rights for artists. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding committee funding. Mr. Steve White, 105 N. Delaware, Apache Junction, addressed the council regarding rights of artists. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council in support of the rights of artists. Mr. Mike Lewis, 4681 N. San Marcos, Apache Junction, read a letter in support of the rights of artists. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 2 OF 12 Mr. Chris Lucas, P.O. Box 2568, addressed the council to help a local business. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding the need to make a decision on cargo containers. Vice Mayor Eck responded that he had attended several art sales and he could not attend the Four Peaks dedication due to the date coinciding with ceremonies he had to attend for family members lost in the armed forces. Councilmember Wilson commented a lot of the council have full time jobs and are unable to attend events that are scheduled during the day unless they take vacation time or personal time. Those in the evening hours are easier to attend. Councilmember Serdy commented he agreed with Mr. Esposito about the impact fees and infill properties.It would be nice to fill in those properties that already have streets, water and sewer. He is not sure what the next step would be to implement this but he will be looking into it. Councilmember Severs commented several items have taken too long to be decided.They worked on the caretaker suites for almost a year and the gentleman in question could have died within that time.They have been working on the storage container issue too long.They need to ask themselves if they can help somebody, if they will hurt somebody in the process, and if it will be fair. They need to simplify it and get it done.They need to start implementing this in everything they try to do. Mayor Insalaco commented that members of the council have done things during the day with the schools, including talking to kids in classes and spending time teaching them a song on Flag Day.He does not want to hear that they are not involved with the school district and does not feel it was a nice thing to say.He has been asked by teachers to go to the schools to teach them about how business is done, and he has done so. ANNOUNCEMENT OF CURRENT EVENTS None. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 3 OF 12 CITY MANAGER'S REPORT City Manager George Hoffman stated he has directed Development Services Director Brad Steinke to begin offering briefings to the city council at their work sessions concerning the development of state land, affordable housing, water conservation and best practices for master planned communities. He would like to take a portion of each work session and focus on one topic so that over the next 6 months they will have the opportunity to hear from experts in various areas and think about those issues so that when 2008 rolls around and they will be working on state land issues they will have a good background on the issues facing the development of that area.Residents of the Palm Springs subdivision had reached out to Councilmember Serdy and possibly others, expressing interest in the health of the palms along Royal Palm Boulevard and enhancing the vegetation along the median in addition to overall improvements to the median in one of the city's oldest subdivisions.He directed Community Relations Manager Pat Brenner to convene a neighborhood meeting to discuss this and other topics that may be of interest to the neighborhood.He will advise them of the date and time of the meeting.The remodeling of Animal Control has begun with completion slated for the second quarter of the fiscal year.They are advancing the transition to paperless reporting for the police department mobile data computers.That completion date is the second quarter of the fiscal year.Great progress is being made in the library expansion and remodel. The remodel of the south wing into library staff work spaces could be completed by the end of September.Staff move -in is expected the first week of October.The new expansion is on schedule with the roof.When the new square footage is constructed everything in the youth services area will move into the new space to allow for renovation of the existing children's area.The entire project is scheduled for completion during the summer of 2008.The city will be doing seal coating on the streets of Broadway and Superstition from Meridian to Highway 88 and on Ironwood Drive from Apache Trail to Superstition starting September 24 and lasting until October 12, depending on the weather. Councilmember Severs requested the dedication ceremony for the library expansion happen during the evening hours. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 4 OF 12 PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY MAIN STREET FOR "PHESTIVAL ON PHELPS" )City Clerk Kathleen Connelly briefed the council on the item.She stated the Main Street Program will be hosting an event on October 20 called the "Phestival on Phelps".It will take place on Phelps Drive. They are asking for a special event liquor license so that they may have a beer garden in the parking lot of Fry's.The packet contains internal correspondence from staff and the fire district; all support and recommend approval of the license.A representative of Main Street is here in the event the council has any questions. Mayor Insalaco requested the applicant address the council. Ms. Ariel Ohler, Main Street Program, addressed the council.•The festival is a community event that is a fundraiser for Main Street and the Community Development Corporation. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE MAIN STREET "PHESTIVAL ON PHELPS" EVENT ON OCTOBER 20, 2007, SUBMITTED BY ARIEL OHLER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 5 OF 12 CASE PZ-14-07, APPEAL OF REQUIREMENTS FOR UNDERGROUNDING UTILITIES BY BROADWAY HOLDINGS LLC, REPRESENTED BY SEAN LAKE )Senior Planner Rudy Esquivias briefed the council on the item.He stated the applicant would like to build a car dealership on Apache Trail west of Ironwood.He described the surrounding area and their zonings.The zoning ordinance requires new development to underground adjacent utility lines of 12 KV or smaller.The lines are normally located in right-of-way areas.These lines are located on the east side of the Veterans of Foreign Wars property and south side of the adjacent trailer park property. They appear to be private lines serving those developments.The former are light poles along with some utility lines on them. The latter service the trailer park and several individuals located near the park.In some cases the lines encroach on this property, others are misaligned and are located on private property.The applicant contends the undergrounding to be a practical and legal hardship.They would inconvenience adjacent property owners; it would leave them without service for an undetermined time.They have a letter from Salt River Project confirming the applicant's contention; he read their response. Staff is in support of this request.It is a good infill project for the location.It has been used as overflow parking for the Veterans of Foreign Wars.It has been out of good use since 1995 since a previous auto dealer closed down.He described the modular building that will comply with design guidelines.One of the three conditions of approval is their working with the adjacent owners to resolve the utility line issue; the applicant proposes to move those walls in.The wall by the trailer park will be moved in 2.5' to give them 3.5' to work in.The wall on the other side will be moved in 1' to give them access to their building.The applicant has lost 3 spaces for their vehicles.As an incentive for working with the property owners, staff offered the applicants be allowed to have 2 display pads in their landscape setback area.Staff is agreeable with the revised drawing.The landscaping will still be installed with the same plant density.The applicant has requested modification to a couple of the recommended conditions.Mr. Lake will explain those.Staff is in concurrence with the recommendations for the revised conditions of approval, which is basically deleting condition number 2.He REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 6 OF 12 read the recommendations of approval.Staff believes the granting of the appeal is reasonable and was not self-imposed. Councilmember Barker asked if the parentheses in condition 3 stating one to the east and one to the west should be deleted in the motion. Senior Planner Rudy Esquivias stated that is correct.The applicant is requesting they leave out the entirety of condition number two, the last phrase in condition number three and the second sentence in condition number one. Mayor Insalaco requested the applicant address the council. Mr. Sean Lake, 1930 E. Brown Road, Mesa, representing Sands on the Trail, addressed the council.He stated the utility lines are at the rear of the property.He hoped council would allow the appeal and let them continue with the project.It has morphed into wall issues on the east and west sides; the owner was willing to compromise and staff offered incentives.They have worked together on it. They have pulled the wall in on both sides to provide reasonable access.They want the conditions modified so they are not placed in a position to be held ransom by the property owners. They believe the reasonable access is being provided; they do not want to be put in a place where an adjacent property owner could request anything they want.They believe they have provided a reasonably sufficient solution.They are asking the last sentence of condition number one to be struck as they have proactively provided a copy of the site plan showing the walls being pulled in.It is part of the record.Condition number two deals with providing for a recorded access; he believes that is satisfied by their submission of the site plan to staff.In condition number 3 the parentheses should be struck because of the drainage issue along the east side.He requested approval of the waiver. Vice Mayor Eck commented they do have a sentence added after access issues that reads which may include moving the perimeter walls inward. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 7 OF 12 Mr. Sean Lake stated that is correct. Councilmember Barker commented it looks like a very nice project.His ability to work with the neighbors is nice to see. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He stated this is exactly where a waiver for the undergrounding of power lines should be granted.He was glad to see everyone working together.He hoped this would be a model for new developers and existing businesses along Apache Trail. Mr. Bob Rankin, 1840 S. Pinto, Apache Junction, addressed the council.He represented the Veterans of Foreign Wars as its quartermaster and he had the commander with him.He asked who Mr. Lake had been talking to at their facility. Mr. Sean Lake stated he had not talked to anyone at the Veterans of Foreign Wars. City Attorney Joel Stern stated Mr. Lake should step up to answer the questions. Mr. Bob Rankin asked who he discussed this with.They got a copy of the grid from the city clerk and he felt that the 3.5' that they are being given looks awful close on that map. Mr. Sean Lake stated they are located on the western edge of the property.They built very close to the perimeter property and then further encroached into their side yard setback by adding air conditioning units.The applicant felt it was a little tight from the back of the air conditioning units to the wall.There is several feet between the units and the property line.They thought it would be unduly burdensome to place the wall on the property line so they moved it inward to give them an additional foot so that they can REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 8 OF 12 access their air conditioning units.It is not germane to the undergrounding of utilities but it is a good solution to what was raised by staff. Mr. Bob Rankin commented that is what they were worried about.He asked if they would have a legal issue in regards to easement. .Mr. Sean Lake commented what they do with the outside of the wall, whether it is an easement, deeded over to the Veterans of Foreign Wars or how it is treated, is a private civil matter they can work out. Mr. Bob Rankin stated they will go along with it and they hoped the business would be successful.They will work with them. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Severs commented he thinks this will be a great project and he hopes the vote goes in his favor.He added this is another example of this ordinance not working.He would like to see it gone until they can find a way to reword it and make it work.It was designed to have all future development underground their power lines.Somehow it got thrown in to have all existing power lines be buried at the burden of the developers.It does not work.It has been proven over and over again.Twice since the last time he has said this, they have to do a waiver again.He would like staff to seriously look at this, bring it up and get rid of it.Get rid of this portion of it until it can be reworded to be workable.When you govern by exception, there is something wrong with your rule.He is not comfortable with that. Vice Mayor Eck commented he thought they gave direction to staff to drive around and find some areas that this might be typical to.There are plenty of them that are not, but other areas may.He asked if they were in the process of that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 9 OF 12 City Manager George Hoffman stated his recollection was it was direction to staff and he will find out its exaet status for them and report back. City Attorney Joel Stern reminded them that the ordinance and the provision allows them the flexibility to waive or modify the strict enforcement of the section if it constitutes undue hardship on the developer and minimal benefits to the city to occur.The council decision includes review and analysis of the extent of existing overhead lines and poles in the area of the project, the crossing of such lines over heavily traveled highways and streets, and the practicality and feasibility of the underground installations with regard for the comparative costs between overhead and underground installations, although the cost shall not be the sole criteria for granting a waiver.They should focus on the undue hardship to the developer and the minimal benefits to the city. Councilmember Severs commented it does not mention how much time is being wasted by the developers, attorneys and staff in going through this process every time.He would like to look at this again, seriously and quickly, and try to fix it. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPEAL FOR THE REQUIREMENT OF UNDERGROUNDING UTILITIES IN CASE NO. PZ-14-07, BY BROADWAY HOLDINGS LLC, REPRESENTED BY SEAN LAKE, BE APPROVED WITH THE FOLLOWING AMENDMENTS:IN RECOMMENDATION ONE, FOLLOWING THE PHRASE ACCESS ISSUES, ADD WHICH MAY INCLUDE MOVING THE PERIMETER WALLS INWARD, AND DELETE THE REST OF THAT RECOMMENDATION; DELETE COMPLETELY RECOMMENDATION TWO; AND STRIKE THE PARENTHETICAL AT THE END OF RECOMMENDATION THREE. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 10 OF 12 The motion carried. OLD BUSINESS None. NEW BUSINESS 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, OCTOBER 1, 2007, 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, OCTOBER 2, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Insalaco adjourned the meeting at 8:09 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of September 4, 2007. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 11 OF 12 ACCEPTED THIS 2ND DAY OF OCTOBER, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF OCTOBER, 2007. KATHLEEN CONNELLY City Clerk ,0L---LAre N S. INSALACO Nayor 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 18th day of September, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated,this 26th day of September, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 18, 2007 PAGE 12 OF 12