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HomeMy WebLinkAbout2006-05-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 16, 2006 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 16, 2006, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Public Works Director Doug Dobson Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 1 OF 17 Grants Specialist Roger Hacker Administrative Sergeant Gary Elkins Communications Supervisor Kathy Jeter Interim Support Svcs. Div. Commander Teresa Rodgers Interim Sr. Commander Troy Mullender ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 06-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, BE APPROVED; AND THAT RESOLUTION NO. 06-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS CDBG Administrative Assistant Melinda Larson stated in August 2004 the city was awarded a FY 2004 State Special Projects grant through the Arizona Department of Housing to purchase 9 vehicles for 5 community nonprofit agencies and the victims' services program of the police department.The agencies receiving the vehicles were the Apache Bravo Young Marines, Central Arizona Council on Development Disabilities, Superstition Mountain Mental Health Center, Community Alliance Against Family Abuse, the Salvation Army of Apache Junction and the victims' services program.On April 20, 2006, the city and the participating REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 RAGE 2 OF 17 agencies were honored to receive an award for Outstanding State Special Project given by the Department of Housing. Councilmember Waldron represented the city in receiving the award.She then presented the award plaque to Mayor Coleman. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager George Hoffman read a letter from Governor Napolitano to House Speaker Jim Wiers concerning House Bill 2381, the development capital improvements plan.She had vetoed the bill and requested the homebuilders and municipalities meet over the summer and develop consensus legislation that further improves transparency for the assessment and use of development fees while respecting the rights of municipalities to use such fees in the manner best suited for their own municipal developments.City Manager George Hoffman thanked the governor for her support.He commented the council has long espoused the theory of having growth pay for its own costs.It was a tough stand for the governor and he again thanked her for standing by the cities and towns. PUBLIC HEARINGS RESOLUTION NO. 06-16, CASE SD -2-06, PRELIMINARY PLAT FOR "VILLAGIO SUBDIVISION" BY CLIFF AXT AND TERRY GALLOWAY/PROPOSED ORDINANCE NO. 1268, PZ-3-06, REZONING REQUEST FROM TH TO CR-4/PD BY CLIFF AXT AND TERRY GALLOWAY )Senior Planner Rudy Esquivias briefed the council on the item.He stated it is a proposed 4 -acre subdivision located on the south side of 16th Avenue and the Desert View Place intersection.The property owner is proposing to divide it into 21 court home lots to be single family dwellings.He stated there is a developed REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 3 OF 17 property in the corner that is not part of the subdivision but will be served by the future access road.He added 16th Avenue will be widened to a full 40' wide mid -section line road. Desert View Place will be a dedicated 50' wide standard right- of-way, and there will be 4 unit clusters served by access drives that will be constructed of different materials than the street.They will be private drives.The homes will be oriented towards the center in a front yard open space fashion. There will be 2 play areas.The currently developed property in the corner is currently being served by a council -approved public access way.Staff proposes that during construction of this project the developer provide unimpeded ingress and egress for this property owner during construction.Once the street is in place, the property owner would have the right to use the street as well and have his own curb cut.It is a planned development with deviations requested.Staff believes it is a good inf ill project for the neighborhood; there could have been a series of land splits instead.He described the surrounding area.The planning and zoning commission unanimously voted for approval subject to certain conditions, including all stipulations of the zoning ordinance shall govern the design and subsequent improvements of the final plat, the final plat shall be submitted within one year of preliminary plat submittal, a provision for all street improvements, community amenity ramadas shall be shaded, landscaping of complete perimeter of the development, a wall to reduce traffic noise, homes with southwest architectural features, all applicable permits to be applied for, private access ways to be replaced at final plat approval with a dedicated public street, and the property owner on the corner to be allowed unrestricted ingress and egress during construction and have right to the public street once constructed.There is to be a continuous theme of landscaping throughout the entire subdivision.Staff echoes the planning and zoning recommendations. Councilmember Waldron asked if they need to get the information presented to staff on the additional buffering of a wall by the currently developed property into the stipulations. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 4 OF 17 Senior Planner Rudy Esquivias stated it could be added.The developers have indicated that they will be building a wall there with a portion to be left open. Mayor Coleman asked if there was anything he wanted to add about the rezoning. Senior Planner Rudy Esquivias stated they have the booklets in their packets.Last night examples were given of the housing models.There are two 1- story floor plans and two 2 -story floor plans.There are two elevations each for a total of 8 options.There are 6 different color schemes making a potential for each house to look different.The 2 -story homes are located in the interior of the development with the 1 -story homes on the exterior perimeter to provide some privacy to the properties next door.There is an allowance for street side parking and every home has a 2 -car garage that cannot be converted to storage space or an additional habital area so there is no overflow parking on the street.They believe it is a good infill project.There is private open space for each lot, street side landscaping and different sizes to the homes.It will have variety.They are smaller lots but it is within the density allowance of the general plan.It is similar to K & B, the Arizona Goldfield subdivision except this has a public street instead of all private streets.The conditions of approval for the rezoning are very similar to those in the preliminary plat.There are no other conditions. Councilmember Dietz commented it is a great infill project.It is attractive and close so that the neighbors can get to know each other and watch out for each other. Councilmember Insalaco commented it will improve the whole neighborhood.He would like to see more things like this than others. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 5 OF 17 Vice Mayor Eck asked if they did the private access way because of the property in the back. Senior Planner Rudy Esquivias stated the previous owner sold this prior to requesting the private access way.He built the home before he split the property.A new owner for the property came in for a permit and was told he had a landlocked property and he had to create access to it.That is why it was done. Councilmember Insalaco asked what material the other access ways would be since they will be different from the public street. Senior Planner Rudy Esquivias stated the architect could probably answer that question.They had asked for stonework or brickwork; something that will differentiate it from the public street. Councilmember Insalaco commented it will be a hard surface. Senior Planner Rudy Esquivias stated it would be. Councilmember Dietz commented they would be more of a private drive. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Eck commented Nick Blake will approve the trees in the playground area.He asked if they would stop a developer from coming in with something like ficus trees as they are not xeriscape plants. Senior Planner Rudy Esquivias stated the xeriscape landscape rule applies to plants going in public areas.It is encouraged on private property in the front REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 6 OF 17 yard, but it is more of the owner's choice.The plants picked by Nick are on the drought tolerant list. Mayor Coleman requested the applicant address the council. Mr. Terry Galloway, 2201 Martin Street, Suite 203, Irvine, California, addressed the council.He thanked Rudy for a complete presentation and commented it was a pleasure to work with him through the process.He stated they intend to create a solid 5' block wall along the east, west and south boundaries as they wrap around the not -a -part lot.They have left a space between some trees along the frontage of his lot.They anticipate his driveway to the street to come through there.The walls on the north and east sides of his lot will be side yard walls.If they add this as a stipulation, make it that they are extending the block walls along those side property lines up to about 20' or 25' from the right-of-way; it would prevent his house from being completely walled in and he would have some view.All of the landscaping will be installed by the developer.The private lot landscaping will also be installed by the developer but it will be maintained by the homeowners association.It has been their intent to use the drought tolerant scheme.They have reviewed the landscape architect's suggestions for trees and they fit within what they are proposing so they are agreeable. Vice Mayor Eck asked what kind of trees they are. Mr. Terry Galloway stated it was a mesquite tree and an ironwood tree.They are both drought tolerant.The beauty of those trees and the effect they are going after fits their needs.They have a tightly -confined open space element and in the summer they want shade yet have them lose their leaves in the winter.These are deciduous trees but they are dense enough to provide shade in the summer. Vice Mayor Eck commented he had talked to Mr. Axt earlier about the landscaping and they REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 7 OF 17 both like ficus trees.They are beautiful, green trees but they are not xeriscape. Mr. Terry Galloway commented he has a master's degree in landscape architecture and he would not encourage ficus trees in this area.They have expansive roots and take a lot of water.If they were proposed for this project, he would encourage a root barrier device. Vice Mayor Eck asked how to do that. Mr. Terry Galloway stated it needs to be done because their roots are big and shallow.They tend to uproot sidewalks and patios. Vice Mayor Eck asked how far away they should be placed from a house; he has 6 of them around his house. Mr. Terry Galloway stated he hoped his landscape architect used root barriers. Mayor Coleman 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 Dietz MOVED THAT RESOLUTION NO. 06-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR VILLAGIO SUBDIVISION, CASE SD- 2 -06, BY DONNA AXT GOLD REALTY, LLC, REPRESENTED BY CLIFF AXT AND TERRY GALLOWAY, BE APPROVED. SECONDED VOTE: THE MOTION. Unanimous. Councilmember Waldron REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 8 OF 17 The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1268 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1268, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. COuncilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 06-15, SD -2-05, PRELIMINARY PLAT FOR "VILLAGE AT IRONWOOD" TOWNHOMES SUBDIVISION BY AZIZ HELAL OF CRESCENT MOON ENTERPRISES )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is a townhome subdivision located on Ironwood Drive north of the Roosevelt Street alignment, originally consisting of two lots for single family homes.He described the surrounding area. The general plan designates the area as medium density.The proposal submitted in December was for a 29 -unit concept for a future subdivision; the issues of importance were to orient the 2 -story homes away from the single family neighborhood.There are some wash issues in the area and the developer has worked extensively with the city development services engineer to resolve them.Each unit has a garage and there is a lot of REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 9 OF 17 guest parking provided.The landscape plan will include some dense and generous landscape features along Ironwood. Landscaping is also required on the other 3 sides.An 8' wall is required along the east and south property lines.There will be wrought iron fencing along Ironwood.The preliminary plat is a close reflection of what was approved during the rezoning process.It will have a swimming pool and play area.The planning and zoning commission recommended approval subject to some standard conditions.Staff supports the conditions recommended. Mayor Coleman requested the applicant address the council. Mr. Aziz Helal addressed the council.He had nothing to add but thanked Rudy and Sam for working with him to satisfy the neighborhood requirements and helping him solve the existing problems. Mayor Coleman 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 RESOLUTION NO. 06-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR VILLAGE AT IRONWOOD, CASE SD -2- 05, BY AZIZ HELAL OF CRESCENT MOON ENTERPRISES, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:5-1 (Councilmember Insalaco voted in opposition.) The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 10 OF 17 None. NEW BUSINESS REAPPOINTMENTS/APPOINTMENTS TO CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, AND MUNICIPAL PROPERTY CORPORATION ) )City Clerk Kathleen Connelly briefed the council on the item.She stated two weeks ago the council made appointments to the Parks and Recreation Commission, Library Board, Planning and Zoning Commission and Board of Adjustment.The remaining board applicants were interviewed last night.Council may choose to go forward tonight and make the remaining appointments. There was general discussion on if they would do the appointments one at a time.The consensus was to do so. Mayor Coleman called for a motion for appointments to the Construction Code Board of Appeals. Vice Mayor Eck MOVED THAT MEL MULHOLLAND BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT DEAN WISE BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 11 OF 17 APPEALS IN THE LAY PERSON POSITION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT SAMUEL CONDON BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON POSITION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried.(There was actually only one opening in the lay person position.As Dean Wise was the first nominated, he was reappointed.) Mayor Coleman called for the appointments to the Health and Human Services Commission. Councilmember Waldron MOVED THAT KIMBERLY BROSSMAN BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 12 OF 17 Vice Mayor Eck MOVED THAT ROB EVANS BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for the appointments to the Industrial Development Authority. Councilmember Severs MOVED THAT AARON BRADLEY BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18, 2007. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for the appointments for the Municipal Property Corporation. Councilmember Dietz MOVED THAT RICHARD TAYLOR BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30, 2009. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 13 OF 17 Councilmember Waldron MOVED THAT GEORGE STEVENS BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30, 2007. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS METHODOLOGY AND CRITERIA USED FOR DETERMINING PRIORITIES FOR STREET PAVING )Public Works Director Doug Dobson briefed the council on the item.He stated last evening he provided a presentation on the current methodology used to prioritize the street paving projects.He requested council direction on proceeding with the current method using to create a list for 2006 and 2007. Vice Mayor Eck asked if he was asking if they could continue with the current list. Public Works Director Doug Dobson stated they would go back out, recount the houses, and reprioritize the list. Mayor Coleman commented they would be using the same point system. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 14 OF 17 Public Works Director Doug Dobson stated that is correct. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING METHODOLOGY AND CRITERIA USED FOR DETERMINING PRIORITIES FOR STREET PAVING:THAT WE FOLLOW THE PRESENTATION BY DOUG DOBSON, OUR PUBLIC WORKS DIRECTOR, WHICH HE RECOMMENDED TONIGHT. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES THAT AN EXECUTIVE SESSION'AT 7:00 P.M. BE HELD ON MONDAY, CONFERENCE ROOM AND THE CITY THAT AN EXECUTIVE SESSION AT 6, 2006, IN THE CITY COUNCIL THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Severs MOVED 6:00 P.M. AND A WORK SESSION AT JUNE 5, COUNCIL 6:00 P.M 2006, IN THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND . BE HELD ON TUESDAY, JUNE CONFERENCE ROOM. Councilmember Sippel SECONDED Councilmember Insalaco read a resolution from the last Central Arizona Association of Governments meeting he attended REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 15 OF 17 requesting that the widening of US 60 from Florence Junction to the Queen Creek Bridge be retained in the Arizona Department of Transportation Plan for 2007.They were going to put it off until 2009.It has been moved back up to 2007, but, as a result, the passing lanes on US 60 from Oak Flats to Pinto Valley and the State Route 77 roadway construction from milepost 145 to milepost 147 will be delayed by one year.They should start widening the road in 2007.Surveying is being done now. Mayor Coleman announced they would be observing Police Memorial Day.There will be an observance at the flagpole at city hall at 11:30 a.m. tomorrow and everyone is invited to attend. ADJOURNMENT )Mayor Coleman adjourned the meeting at 7:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of May 2, 2006. 3. Consideration and approval of Resolution No. 06-17, Commitment of local funds for implementation of the FY 2006 CDBG Regional Account application. 4. Consideration and approval of Resolution No. 06-18, Commitment of local funds for implementation of the FY 2006 CDBG State Special Projects application. ACCEPTED THIS 6TH DAY OF JUNE , 2006, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JUNE 2006. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 16 OF 17 ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLEMAN 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 16th day of May, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of May, 2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2006 PAGE 17 OF 17