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HomeMy WebLinkAbout2014-02-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 18, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February. 18, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: (Vice Mayor Barker and Councilmember Rizzi were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 1 OF 15 Others Present:Revenue Resource Manager Roger Hacker Program Coordinator Heather Patel Community Resource Unit Coordinator Constance Halonen Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ALL APPROPRIATELY FILED BID RESPONSES RECEIVED FOR PR -14- 03, LEASING, INSTALLATION, TRAINING AND SERVICE FOR MULTI- GENERATIONAL CENTER FITNESS EQUIPMENT DATED JANUARY 29, 2014, BE REJECTED AS NONE OF THEM MET THE MINIMUM SPECIFICATIONS; AND THAT RESOLUTION NO. 14-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2014 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM, BE APPROVED; AND THAT RESOLUTION NO. 14-02, A RESOLUTION FO THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING A SUBRECIPIENT AGREEMENT WITH COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, BE APPROVED; AND THAT RESOLUTION NO. 14-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO. 92-18 IN ITS ENTIRETY, BE APPROVED; AND THAT RESOLUTION NO. 14-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT PROCEDURE FOR PROMPT AND EQUITABLE DISPOSITION OF AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACT ALLEGED VIOLATIONS, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 2 OF 15 The motion carried. Mayor Insalaco welcomed Boy Scout Troop #970 from Apache Junction. AWARDS, PRESENTATIONS AND PROCLAMATIONS Revenue Resource Manager Roger Hacker briefed the council on the communities of Apache Junction and Gold Canyon and the Friends of the Library donating funds to provide FIDO bags for the police department and fire district. Ms. Marie Peck, 2750 E. Tanya, Cave Creek, addressed the council regarding the Fetch Foundation that raises funds for FIDO bags and presented the mayor with a large and small FIDO bag. Ms. Marta Saint -James and Ms. Maxine Brown named and thanked the donors of the funds for the FIDO bags. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced on February 8 the Arizona Driving Team Competition was held at the rodeo facilities.It is a horse and cart competition with various courses navigated. Competitors were from Arizona and as far away as Calgary, Canada. Councilmember Wilson thanked Corporal Reimann on behalf of a competitor at the Driving Team Competition for going above and beyond to help her. Councilmember Evans announced the second farmers' market was held last Saturday at Earth Heart Park and it was well attended. They will have one more on Cinco de Mayo. AWARDS, PRESENTATIONS AND PROCLAMATIONS (continued) City Engineer Emile Schmid gave a brief presentation on the status of Idaho Road and Old West Highway intersection safety improvements. Councilmember Waldron asked how long it will take to complete the project once it is started. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 3 OF 15 City Engineer Emile Schmid stated it would take 60 to 90 days. He gave that window because of the size of the road and the intersection it is.Traffic control and keeping access open are the problematic parts. Councilmember Waldron commented it is definitely needed.This year there has been more accidents than in previous years. People are trying to shoot across. Chief Paul Bourgeois of the fire district briefed the council on the city being recognized as a "Heart Safe" city by the Arizona Department of Health Services and presented the mayor with a framed certificate from the Arizona Department of Health Services. CITY MANAGER'S REPORT City Manager George Hoffman commented on the Lost Dutchman Marathon and read comments from staff and competitors.He thanked the community for supporting the home rule option which allows the city to support these events and thanked Marta Saint- James and Curt Fonger for suggestions to enhance Silly Mountain. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY CO., SERIES 9 LIQUOR LICENSE FOR DATE TREE )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Andrea Lewkowitz, attorney and agent for the applicant, addressed the council. Councilmember Waldron asked if there is anyone listed on the application or in a management position with this business that is currently under investigation for a criminal offense. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 4 OF 15 Ms. Andrea Lewkowitz stated she is not aware of any.The owner of the property and the owner of the business is Tariq Husayno.He is with her tonight. Councilmember Waldron asked if he is the only one listed on the application. Ms. Andrea Lewkowitz stated that is correct. Councilmember Waldron asked if he is the manager of the business. Ms. Andrea Lewkowitz stated he is not. Councilmember Waldron asked who the manager is. Ms. Andrea Lewkowitz stated they have not yet filed his training as the manager.Every liquor license applicant has to designate a premises manager for the license.He has been the manager designated under the series 10 license.He has not yet been designated for the series 9 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.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR DATE TREE, SUBMITTED BY ANDREA DAHLMAN LEWKOWITZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 5 OF 15 The motion carried. OLD BUSINESS None. NEW BUSINESS SCHEDULING A JOINT MEETING WITH THE SCHOOL DISTRICT BOARD AND THE CITY COUNCIL briefed the council on the item. it is a good idea. discussion and called for a motion. )Councilmember Wilson Councilmember Evans commented Mayor Insalaco closed the Councilmember Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING A JOINT MEETING WITH THE SCHOOL DISTRICT BOARD AND THE APACHE JUNCTION CITY COUNCIL:THAT WE HAVE A SET DOWN, WITH POSSIBLY SOME SNACKS OR SOMETHING, WITH THE SCHOOL BOARD TOWARDS THE END OF APRIL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron commented the city manager looks perplexed. City Manager George Hoffman stated he had asked the school board what dates they had in mind and their response back was to find out what dates the city had in mind.They are interested in the concept and abstract.They are shy a couple of council members; he suggested they wait REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 6 OF 15 until the next meeting and prepare some dates that might work for it. PROPOSED CASE PZ-7-13, REQUEST BY HARTLEY RESIDUAL AND SWEENEY REVOCABLE TRUSTS TO REZONE A 0.71- ACRE PROPERTY LOCATED AT 710 NORTH IRONWOOD FROM LOCAL BUSINESS ZONE AND MULTIPLE FAMILY RESIDENCE ZONE TO GENERAL COMMERCIAL DISTRICT )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco closed the item with no questions from the council.This was a discussion item only and he moved on to the next item. CASE SD -2-13, REQUEST BY ROBB TYLER OF ACER HOMES LLC FOR APPROVAL OF THE FINAL SUBDIVISION PLAT FOR THE BEL AGAVE SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK ROAD )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Waldron commented they eliminated those cul-de-sacs along the 19th Avenue alignment.It obviously looks like they will have better traffic flow through there, as well as the cul-de-sac in the middle, too. Senior Planner Rudy Esquivias stated they got rid of those cul-de-sacs and that cul-de-sac so there is a little more flow through the subdivision.They created a little open space buffer in one area. Mayor Insalaco commented it is nicer. Senior Planner Rudy Esquivias stated there were improvements overall. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 7 OF 15 Mayor Insalaco closed the discussion on the item.This was a discussion item only and he moved on to the next item. CASE PZ-1-14, APPLICATION BY WALTER QUANSTROM REQUESTING AN APPEAL OF THE CITY'S LANDSCAPE CODE Esquivias briefed the council on the Senior Planner Rudy item. Councilmember Waldron asked if the lot directly north of this one has an 8' fence.It is open, not a wall, and there is landscaping behind that. Senior Planner Rudy Esquivias stated they pointed that out in the staff report.One of the reasons the gentleman does not want to landscape the area is he thinks it will attract kids and vagrants.There is a residential neighborhood directly west of him.He does not want to create a no man's land.Many of the other properties in this neighborhood that have been developed in recent years have, to some extent or another, complied with the landscape code.These are very narrow lots.They were originally platted as 25' wide by 170' deep.They have to join 2-3 of the lots together to make a viable construction site.They have had some properties in the neighborhood come before the council for planned development amendments or landscape code appeals.To his recollection they did require the applicants to do at least some landscaping.This part of the neighborhood is under a planned development zoning approved in the 90's.It states strict compliance and limited the palate of uses.Part of the strict compliance is an appeal process.Other properties, even though narrow, have installed landscaping improvements.He thinks it is a nice neighborhood. Councilmember Waldron stated there is also a lot across the street and a few lots up with chain link that comes to the curb.He asked where that one is. There was general discussion between Councilmember Waldron and Senior Planner Rudy Esquivias as to where that lot was located. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 8 OF 15 Senior Planner Rudy Esquivias stated some of these buildings have been there since prior to the adoption of our zoning ordinance in the mid -90's.Some have been built since.He suspects the ones that have landscape improvements are probably newer than 1995 or 1996, or they had a change of use or expansion of use.The Eagles across the street were not required to do a landscape improvement.They did do some modifications to their building but they were of a percentage where the landscape code did not kick in. Councilmember Waldron commented he cannot tell which business it is but it looks like a fairly new chain link fence. Senior Planner Rudy Esquivias pointed to a property where they had been doing some recent improvements to their building.They put some concertina wire on the roof which caused some concern for one neighbor.He commented he thinks the one that got fenced in is a new business going in but he is not sure what kind of business it is. Councilmember Waldron commented it is by the palm tree with all the cell phone antennas; the realistic -looking one. There was general discussion between Councilmember Waldron and Senior Planner Rudy Esquivias as to where the cell phone, power palm tree is located. Councilmember Waldron commented the new chain link fence is on the third lot in from 22nd Street. Senior Planner Rudy Esquivias stated he does not think that is a new building. Councilmember Waldron commented the building is not but the fence is.The only reason he is bringing it up is there is quite a mixture in there. There are different styles.There is no doubt the landscaping setback looks good on the ones that have done it.There is a storage facility to the north that has old chain link fence right up to the edge. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 9 OF 15 Senior Planner Rudy Esquivias stated they did get a preliminary landscape drawing with it basically showing where they might put a couple of plants.They might put some more mature trees inside the wall.They would also need to do a landscape strip along the area where it backs up to residential properties.The retention area has yet to be designed.There is still some opportunity to put in some landscaping.They have a view fence in one area. Councilmember Waldron commented he was also concerned about where the sidewalk would normally go.There are weeds there.It would reasonable for him to mitigate those weeds whether there is a sidewalk there or not. Senior Planner Rudy Esquivias agreed.He is thinking put some decomposed granite in there along with some plants and bougainvilleas so they get a little bit of a landscape texture outside the wall as well. Councilmember Evans commented she thought there was enough room for some landscaping to dress it up but not enough room for a sidewalk.In driving around some of our industrial neighborhoods, a lot of parking is between the rolled curb and the fence.They either need to have the sidewalk or some desert landscaping on that side.There is a fourplex just north of this building.They need to decide if they would rather have the sidewalk and landscaping on the inside with larger trees or just landscaping outside.One of the businesses on the east side of Coconino did do some small cacti and it looks very nice. Senior Planner Rudy Esquivias stated the Eagles installed some cactus there.They have a couple of little patches. Councilmember Evans commented they need something to dress it up.Either one, the sidewalk or the cactus, would work very well. Senior Planner Rudy Esquivias stated that is definitely on their radar. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 10 OF 15 Councilmember Waldron asked if he would be talking to him.There is a crack in the fence out front that should be repaired.Stuff like that drives him crazy. Senior Planner Rudy Esquivias stated he would let him know. Mayor Insalaco closed the item with no further discussion.This was a discussion item only and they moved on to the next item. DIRECTION TO STAFF PARTNERSHIP WITH THE DONS ON PRESERVING AND ENHANCING THE LOST DUTCHMAN MONUMENT )Parks and Recreation Director Jeff Bell briefed the council on the item. Councilmember Serdy commented he wants to keep building on this.They are not supposed to discuss the other enhancements but hopefully there will be more and more.He was concerned about the parking as once they put the signs in people will want to come and look at it.It is something they need to talk about in the future. Parks and Recreation Director Jeff Bell stated they have talked to the Dons about further enhancements and ongoing maintenance.There are additional costs involved in the other enhancements and they are currently working on that.They are in preliminary discussions and are not far enough along to formalize them.They want to get the signage out of the way. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE LOST DUTCHMAN MONUMENT LOCATED ADJACENT TO THE FOCAL POINT IN DOWNTOWN APACHE JUNCTION:THAT THEY MOVE FORWARD TO FORMALIZE AN AGREEMENT TO PARTNER WITH THE DONS ON THE PURCHASE AND REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 11 OF 15 INSTALLATION OF WAYFINDING SIGNAGE AND THAT THE AGREEMENT BE BROUGHT BACK FOR FINAL APPROVAL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 3, 2014, 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, MARCH 4, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Sue Ward, 2900 W. Superstition Boulevard, Silverado Estates, addressed the council regarding inspections not being conducted at the Silverado Estates clubhouse and some residences. Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding no long form complaint being filed by the police on the activity that took place 19 days ago. Mr. Darryl Cross, 1018 N. Acacia, Apache Junction, addressed the council regarding vegetation that was removed from the street side after the road was paved.He provided a petition from residents to replace the vegetation, granite and rock. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 12 OF 15 Ms. Margo DeJaynes, 1229 N. Acacia, Apache Junction, addressed the council regarding the clearing of the vegetation on Acacia and was concerned why it was done and what will happen when it rains. Mr. Raymond Benkler, 888 N. Acacia, Apache Junction, addressed the council regarding the devastation to his property of approximately a 5,000 sq.ft. area involving vegetation removed and a protective berm being removed. Ms. Lina Bellenir, 16301 E. Jacklin, Fountain Hills, addressed the council to extend the appreciation from the residents of Silverado Estates for the actions taken thus far and they will continue to be diligent. Councilmember Wilson directed staff to look into the Acacia Road problem, return with the findings to the council, and determine what can or should be done. Councilmember Serdy commented he would like to add to maybe do a cease and desist if they are going to do this to any other roads in the future so they do not go too far and then have to reverse it. Councilmember Waldron requested an update on the Silverado Estates. City Attorney Joel Stern asked if that is for a future agenda item. Councilmember Waldron stated it is. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:17 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 4, 2014. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 13 OF 15 3. Consideration of request from the Parks and Recreation Department to reject the responses received to the bid for the replacement of fitness equipment at the Multi- Generational Center. 4. Consideration of Resolution No. 14-01, recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center for support of transportation services and authorizing the mayor to sign a pass -through agreement. 5. Consideration of Resolution No. 14-02, recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant allocation to be directed to Community Alliance Against Family Abuse for the rehabilitation of their domestic violence shelter and authorizing the mayor to sign a subrecipient agreement. 6. Consideration of Resolution No. 14-03, recommending the city repeal Resolution No. 92-18 in order to update the city's complaint and grievance procedure under Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964. 7. Consideration of Resolution No. 14-04, recommending the city council adopt a new Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964 complaint and grievance procedure. ACCEPTED THIS 4TH DAY OF MARCH, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MARCH, 2014. OHN S.`"INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 14 OF 15 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 February, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of February, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 2014 PAGE 15 OF 15