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HomeMy WebLinkAbout2011 02.01 City Council Regular Agenda PLEASE FILL OUT A"RE( ST TO SPEAK"FORM IF YOU WISH TO ADDR THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING .cM rPACh 4 y City of Apache Junction Home of'the Superstition Mountains oizoN* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA February 1, 2011 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items.These items may include, but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 18,2011. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. 3. PRESENTATION AND DISCUSSION REGARDING THE SALT RIVER BRASS'CONCERT TO BENEFIT THE APACHE JUNCTION PARKS AND RECREATION DEPARTMENT. On February 12,2011,the Sak River Brass will present a concert with the proceeds to benefit the Apache Junction Parks and Recreation Department.The concert,Swingin'on a Star,will be at the Apache Junction Performing Arts Center beginning at 3 PM The concert is a tribute to big band music. Mr. Patrick Sheridan, Musical Director,will make a brief presentation to Council regarding the Band and the upcoming concert. F• ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However,no discussion shall take place on such items except for clarifying comments related to substance,time and location. G. CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries 4. MANAGER'S REPORT. S. PRESENTATION AND DISCUSSION ON THE APACHE JUNCTION POLICE CHIEF'S RESPONSIBLE PET OWNER CAMPAIGN. Chief Monahan, Renae Mullender and Shelley Monahan will present the mission and goals of the campaign. Tuni House will explain the unique partnership between P'4 life and Apache Junction Animal Control Mart James will do the same for D 0 G (Dog Owner's Group). Certificates will be presented by Mayor Insalaco and Chief Monahan to the volunteers 6. PRESENTATION AND DISCUSSION ON THE 2010 GENERAL PLAN. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council 7. DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE. Ms Melissa Trudelle has filed a development fee ordinance appeal and is requesting waiver of the$9,508 00 development fee for construction of a conventional home at 341 W 22nd Avenue Any waiver granted will result in the amount of the waived fees being replaced with general fund dollars in compliance with A R S §9-463 05 I. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None J• NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K• COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 8. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR MONDAY,FEBRUARY 14,2011. 9. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,FEBRUARY 15,2011.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson.All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1)respond to criticism by a speaker,2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address.There is a three(3)minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a.m.to 5 00 p.m,excluding holidays CITY COUNCIL REGULAR MEETING JANUARY 18, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 18, 2011, 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 Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Public Works Director David Fern Others Present : Programs Coordinator Heather Patel Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-09, PLAZA DRIVE IMPROVEMENTS PHASE ONE, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $504, 240. 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Works Director David Fern presented a 30-year service award to Melvin Morris of the public works department and gave a brief history of his career with the city. Mr. Paul Pecora, Mediacom Manager, gave a brief update on Mediacom. Councilmember Barker thanked him for his company becoming a part of the community and the sponsorships are much appreciated. Councilmember Serdy commented he would appreciate having the guide channel back. Mr. Paul Pecora stated it would probably not happen as the company has taken a direction to a digital guide. Program Coordinator Heather Patel commented on the tax preparation locations during the upcoming tax season and then introduced Helen Denton, Resource Development Director with the United Way of Pinal County, who gave a brief presentation on the tax preparation available to Apache Junction residents. Councilmember Eck commented his mother has taken advantage of this program for a number of years and they do very good work. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 2 OF 10 ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the Arizona Office of Tourism will be having a mobile work shop in Apache Junction. Anyone that works in a tourist-related business or is thinking about it and wants to see what the state can do to help you should contact them. It is open to any business in Pinal or Gila County. The people hearing about it are pretty excited to see how they can network to get everyone on the same page. Anyone interested can RSVP at atursvp@azot. gov. They can get more information at the website which is www. az .ot. gov or they can stop and see him at his business . It will be January 26 at the multi-generational center from 1 p.m. to 5 p.m. Councilmember Wilson announced he has been married to his wife for 40 years and he wanted to say a special thank you to her. Councilmember Barker announced that she went out to the museum for their Apacheland Days this weekend and they had a huge crowd. They had over 600 people at the concert on Friday and on Saturday the parking was difficult to find. She did a lot of walking to get to the events themselves . It was a wonderful turnout and a great event, with a stagecoach and the girls around in their saloon costumes . They had all kinds of wonderful stuff out there, and it was another event here in the city that drew a lot of people out. Councilmember Eck announced that on Saturday, January 22, the annual D.A. R. E. Golf Tournament will take place. He is trying to help Officer Bill Virtue fill the openings for golfers and sponsors. For $100 you can sponsor a hole and they will make a ,•. specialized sign at the hole. They let people know who their sponsors are. Bill Virtue can be contacted at (480) 244-8873 or they can call Councilmember Eck at home. It is one of the main fundraisers for the year and it is a great program. CITY MANAGER' S REPORT City Manager George Hoffman commented on a second showing of the movie "Bag It" will occur this Saturday at the library; last week 3, 300 feet of road construction on Cedar was completed; utility work on Ironwood from 16th Avenue to Broadway; and the landscape plan for the median of Old West Highway being underway REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 3 OF 10 from Idaho to Phelps; reminded the community that the 2010 General Plan is on the primary election ballot, commented on Community Relations Director Pat Brenner being invited to the Arizona Center for Civic Leadership event sponsored by the Flynn Foundation to provide information on the city neighborhood outreach program, and thanked retiring Public Works Director David Fern for his professionalism, passion and progress. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Denny Walter addressed the council. There were no questions of the applicant. 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 further discussion, he called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR FEBRUARY 25, 2011, SUBMITTED BY DENNY WALTER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 4 OF 10 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Earl Anderson, manager of bingo at Roadhaven, addressed the council . Councilmember Eck asked if it is much the same routine as the previous years. Mr. Earl Anderson stated it is the same thing they have always done, they just have a few more people. They are trying to bring it back to the prominence that it once was. 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 further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION TO UPGRADE TO A CLASS B BINGO LICENSE FOR ROADHAVEN RESORT, SUBMITTED BY EARL G. ANDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 5 OF 10 Ms. LaVera Bennett, one of the managers of Sundance Restaurant, addressed the council. Mayor Insalaco asked if this is a new license. Ms. LaVera Bennett stated Sundance Restaurant has had a license in the past. They have taken over the business as of November 1 and they had to get p their own license. 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. Councilmember Eck commented for the past few decades Sundance has been about a 50/50 split on being a bar and restaurant. There have never been any problems in the past and it has been a nice establishment. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SUNDANCE RESTAURANT, SUBMITTED BY LAVERA BENNETT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED p THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 6 OF 10 None. COUNCIL DIRECTION TO STAFF POSSIBLE AMENDMENTS TO ORDINANCE 1285 RELATING TO WEAPONS DISPOSITION Public Safety Director .•. Jerald Monahan briefed the council on the item. Councilmember Eck asked if under Item E in the $100 value, the chief of police can make a determination to return a gun believed to be worth $50 to $75 when the owner had done nothing wrong with the gun or if it is under $100 the gun would have to be destroyed. Public Safety Director Jerald Monahan stated by putting the $100 figure in there, it prevents them from auctioning firearms that may have a value of under $100 that are still a firearm that could be useful on the market and the city could gain those finances back to be used in the purchase of ammunition. He would like to remove the $100 altogether and allow them to make the determination with the auction company. Councilmember Eck agreed. He would like the chief of police to decide that. They can remove the $100 and put the responsibility on him. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION: THAT PARAGRAPH E ON PAGE 3 BE AMENDED TO DELETE THE NUMERIC AMOUNT OF $100; THAT "E. 2" BE ADDED TO INDICATE THAT THE CHIEF OF POLICE HAS THE OPTION OF RETURNING A WEAPON OR WHATEVER DISPOSITION HE FEELS IS RIGHT UNDER THOSE CIRCUMSTANCES; THAT AN ITEM 4 BE ADDED TO THAT PORTION THAT INCLUDES FIRING THE GUN AND SENDING IT TO THE BALLISTICS LAB BEFORE IT IS DESTROYED; AND THAT D HAVE ADDITIONAL LANGUAGE THAT REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 7 OF 10 ALLOWS FOR THE CHIEF OF POLICE TO DESTROY OR OTHERWISE DISPOSE OF A WEAPON AS HE DEEMS APPROPRIATE. Vice Mayor Dietz asked if in Item E he wanted the wording "at your discretion". Councilmember Barker asked if that was in addition to commercially viable. She asked if he wanted an additional phrase after commercially viable in both of .. the paragraphs that have that phrase. He has it in paragraph E and C. Public Safety Director Jerald Monahan stated PARAGRAPH E, THE LANGUAGE AFTER COMMERCIALLY VIABLE WOULD BE THE PHRASE UNDER THE APPROPRIATE CIRCUMSTANCES, AND IT IS REPEATED UNDER D, WITH THE THINKING IT IS OFFERING TWO CIRCUMSTANCES. Councilmember Barker AMENDED HER MOTION TO STATE SHE WOULD ADD THAT TO HER MOTION. Councilmember Eck SECONDED THE MOTION. VOTE: Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 _. P.M. BE HELD ON MONDAY, JANUARY 31, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, FEBRUARY 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 8 OF 10 The motion carried. CALL TO THE PUBLIC: Mr. Bob Chasan, 401 N. 104th Place, Mesa, addressed the council to volunteer as a liaison for the Arizona Real Estate Investment Association and the Arizona Rental Property Owners and Landlords with any council work, information or education as necessary. Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction, addressed the council regarding concerns with Superstition Skies Restaurant and Bar. Mr. George Schroeder, 743 N. Saguaro, Apache Junction, addressed the council regarding concerns with drug addicts, people hooking up motor homes illegally, and theft by drug addicts. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding memorializing Christina-Taylor Green and others killed in Tucson, Mediacom' s service and contract negotiations, the appearance of election packets being handed out closer to the election than in the past, the upcoming recall election, and the extension of the 1999 capital facilities tax. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 03 p.m. Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 4, 2011 . 3. Consideration of award of bid to Visus Engineering Construction, Inc. for Project PW 2010-09 in an amount not to exceed $504, 240 . 00 for Plaza Drive Improvements (Phase I) . ACCEPTED THIS 1ST DAY OF FEBRUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF FEBRUARY, 2011. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 9 OF 10 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk 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 January, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of January, 2011. 1/1 KATHLEEN CONNELLY , City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 10 OF 10 ROLL CALL VOTE NOTES: 61-) r),\t \ I ITEM # 1 MEETING OF lk MOTION BY: )V; SECONDED BY: (kV, YES NO ABSTAINED COUNCILMEMBER ECK ` COUNCILMEMBER BARKER VICE MAYOR DIETZ V / COUNCILMEMBER COLEMAN /V COUNCILMEMBER SERDY `� COUNCILMEMBER WILSON ✓ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Aft AMA • CONSENT AGENDA ITEMS NO. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. O Apache Junction ,cs :1 z Home of the Superstition Mountains Ea Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: February 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION REGARDING THE SALT RIVER BRASS'CONCERT TO BENEFIT THE APACHE JUNCTION PARKS AND RECREATION DEPARTMENT ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: On February 12, 2011, the Salt River Brass will present a concert with the proceeds to benefit the Apache Junction Parks and Recreation Department The concert, Swingin'on a Star, will be at the Apache Junction Performing Arts Center beginning at 3 PM. The concert is a tribute to big band music. Mr. Patrick Sheridan, Musical Director, will make a brief presentation to Council regarding the Band and the upcoming concert. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that the City Council receive the presentation by Mr. Sheridan ATTACHMENTS: Click to download No Attachments Available _____ ✓ �City of Apache Junction Home of the Superstition Mountains a Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: February 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to Oewnlead No Attachments Available pyACME✓G do City of A ache function Home of the Superstition Mountains 4Przoo* al Print TO: City Manager's Office FROM: Jerald Monahan, Chief of Police DATE: February 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE APACHE JUNCTION POLICE CHIEF'S RESPONSIBLE PET OWNER CAMPAIGN ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Chief Monahan, Renae Mullender and Shelley Monahan will present the mission and goals of the campaign. Turn House will explain the unique partnership between Paws 4 life and Apache Junction Animal Control Marta St James will do the same for D.O.G. (Dog Owner's Group). Certificates will be presented by Mayor lnsalaco and Chief Monahan to the volunteers. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available il1.7ACii - G °� City of Apache Junction Home of the Superstition Mountains is Print TO: City Manager's Office FROM: Brad Steinke, Development Services Director DATE: February 1,2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE 2010 GENERAL PLAN. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: c$.k to dewnlead No Attachments Available PUBLIC HEARING 1. For DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE. 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 00 of Apache Junction z Home qf the Superstition Mountains 4#/zoNr Es Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: February 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE. ACTION REQUESTED: No Recommendation DISCUSSION/ BACKGROUND INFORMATION: Ms Melissa Trudelle has filed a development fee ordinance appeal and is requesting waiver of the $9,508.00 development fee for construction of a conventional home at 341 W. 22nd Avenue. Any waiver granted will result in the amount of the waived fees being replaced with general fund dollars in compliance with A.R.S. § 9-463.05. FISCAL IMPACT: Fiscal Expenditure Required Beyond Budget (explain) OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: If the council fails to hold a public hearing on this appeal by February 26, 2011, the applicant's requested wavier will be deemed approved. ATTACHMENTS: Click to download Cover Memo P A H City of Apache Junction 4_, o P Development Services Department To. Mayor and City Council From: Brad Steinke, Director of Development Services Date- January 13, 2011 RE. Public Hearing. Development Fee Ordinance Appeal by Melissa Trudelle On January 13, 2011, the City received an appeal from Ms Melissa Trudelle requesting relief from the required $9,508 development fee for placement of a conventional home on a vacant lot located at 341 W 22nd Avenue (see attached letter) Ms Trudelle was notified of the fee by the city on January 6, 2011, and has properly filed the fee appeal within the 30 day window. Article 7-1-13 (Relief Procedures and Hearings) of the Land Development Code provides, among other things, that the City Council must hold a public hearing on the appeal within 45 days after received by the Development Fee Administrator (see attached code section regarding development fee appeals). The ordinance does not, however, apply standards or criteria to the Council's review and determination of these types of appeals. Staff Recommendation. If the Council does not hold a public hearing by February 26 2011, the appeal waiver is deemed approved. Applicant's Appeal Letter January 13,2011 City of Apache Junction Attn Brad Steinke 300 E Superstition Blvd Apache Junction,AZ 85119 — RE: 341 W. 22nd Ave., Parcel No. 102-22-244-04 Petition to Waive Impact Fees for a Building Permit Dear Mr Steinke, We were in touch last week in regard to the above referenced property. I just purchased the property with the intention of building a conventional single family home on the currently vacant lot This property is located in an already developed neighborhood and has sat vacant for many years while houses have been constructed all around it Prior to closing,upon contacting the city in regards to what fees would need to be paid to obtain a permit,we were advised the permit would cost us approximately$2200 00 This was the only fee we were told about,however the day of closing I became aware of a$3445.00 fee for a permit to connect to the sewer. Unfortunate timing since I couldn't really stop the closing at this point so I just accepted that is what would have to be done That fee I have already paid as I was informed I couldn't apply for my building permit without my sewer permit. After closing upon contacting the city again to find out everything they needed from me to obtain a building permit,I was then advised by the 3`d person I spoke to that I would be required to pay$9000 in impact fees to obtain my building permit. That fee,with the sewer permit fee and the building permit fee will already put me upside down in the actual value of the property. I was neither advised of this fee on our preliminary conversation with the city nor by the realtor or title company The lot was sitting in a trust because the owner had been deceased for some time,why he left it vacant for so long I couldn't say however a huge fee I had not been expecting It is my intention to help clean up areas such as these within the city Within my many hours spent driving through the city you see newer houses built with either vacant or condemned mobile homes next door or a few doors down In the last few years Arizona has suffered a tremendous economic downfall in �► the housing market. Many were forced out of their homes due to adjustable rate mortgages and a severe decrease in home values It is my intention to take these vacant properties in order to erect new conventional single family homes and make them affordable for families that were affected by this terrible turn in the economy Now as we are slowly picking back up and are very slowly swinging to the other side of the pendulum, it is a perfect opportunity to invest in our cities I chose Apache Junction for the tremendous potential I see in the city areas and an opportunity to help some of these families out. The investment itself is not a very profitable investment as is,so to be hit with a fee like this is very disadvantageous to the project(s) As it limits my capability to even move forward with the project thus hindenng the ability to provide these homes and clean up the community I am writing this letter as a petition to have this impact fee waived and hope that we can continue working on future projects together I would greatly appreciate your help with this matter and thank you for your time Should you have any questions please feel free to contact me at 602-448-2039 or mrmrstrudelle@aol corn I look forward to hearing from you. Sincerely, Melissa Trudelle City Code Appeal Procedure Article 7-1 -13 Development Fees Relief Procedures and Hearings The developer who owes, has paid a development fee, or disputes the offset amount determined by the Development Fee Administrator may appeal to the Mayor and City Council. Such appeal must be filed with the Development Fee Administrator in writing. 1) within (30) calendar days after the date the City notified the developer of an assessment or offset determination, or 2) within thirty (30) calendar days after the developer paid the development fee In either case, any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. Any work in progress completed during the appeal process shall be performed at the developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the Certificate of Occupancy of Developer's project The City Council must hold a hearing on the appeal within forty-five (45) calendar days after received by the Development Fee Administrator The Council's failure to hold a public hearing within the forty-five (45) calendar days absent a continuance request by the developer, shall result in the developer's position prevailing over the City's. The decision of the Mayor and City Council shall be considered the final administrative decision of the City ROLL CALL VOTE op./ NOTES: v \ r t\it (\if I ITEM # MEETING OF 9)gi 1 MOTION BY: ' SECONDED BY: YES NO ABSTAINED COUNCILMEMBER COLEMAN C COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE DEVELOPMENT FEE ORDINANCE APPEAL BY MELISSA TRUDELLE FOR A WAIVER OF THE $9,508.00 DEVELOPMENT FEE FOR CONSTRUCTION OF A CONVENTIONAL HOME AT 341 W 22ND AVENUE (BE APPROVED) OR(BE DENIED). Amik ROLL CALL VOTE NOTES: Iff\Y\\I t �ITEM # MEETING OF �l MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER ECK COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN 11/ COUNCILMEMBER BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, FEBRUARY 14, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, FEBRUARY 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M r1 ROLL CALL WS: ,1/21 REG Pi 1 I 1 SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO 'I VICE MAYOR DIETZ V COUNCILMEMBER BARKER ti' COUNCILMEMBER COLEMAN y ✓1' COUNCILMEMBER ECK ✓ V COUNCILMEMBER SERDY )// COUNCILMEMBER WILSON V t/ TOTAL t, CITY STAFF: I 1\qi i i } City Manager George Hoffman v` V Assistant City Manager Bryant / Powell City Clerk Kathleen Connelly f City Attorney Joel Stern i / Public Safety Director Jerald / Monahan + V City Engineer Giao Pham f' Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern Development Svcs Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz I:4): Assistant to the City Manager �� 0 1 Matt Busby OTHERS , i f 1. t PY" t 1, r / /C6, c Date; ' 7 / City of Apache Junction Item No. I Request to Speak Form or Call to The Public %< (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. 1 Do you wish to speak before Council on this item? Yes❑ No Only If Necessary ❑ D I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. /71/eX, Name (Print) fe/./ fy/i/r Address City Zip Code W-(2 2-N3 _ E Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/1 8/09 i Date: _ I City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. 0 Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed !tern. , ❑ I am opposed to the proposed Item. )5\/1C Name (Print) (-4‘ '? / () ( Address City Zip Code Cfi $ 9ue-7 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09