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HomeMy WebLinkAbout2014-01-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 7, 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 Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Waldron Councilmember Wilson Staff Present: (Councilmember Serdy was absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 1 OF 18 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented in the magazine RV Magazine the City of Apache Junction was highlighted in an article. Assistant to the City Manager Matt Busby gave a brief legislative update and a briefing on the Arizona Cities and Towns Municipal Policy Statement. Councilmember Wilson asked him to explain where the Highway User Revenue Funds are generated from. Assistant to the City Manager Matt Busby stated they are derived from the gasoline tax.A certain portion goes to the state coffers and then through a statutory formula is distributed to cities and towns based on population.They are earmarked by REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 2 OF 18 state law to be spent only on roads, roadways and road construction. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council regarding issues with the local road infrastructure and the organization's wish to be part of the conversation as strategies are discussed to resolve the road issues.They will be polling their businesses to determine the immediate or long term effects this has or could have on their operations and share that information. Mr. Peter Heck, Superstition Business Owners Group, addressed the council regarding the concerns expressed by the city manager regarding the infrastructure and the condition of the local roads.The organization offered its efforts to work with the city and city council to develop a strategy to address the road conditions. Mayor Insalaco commented now they see why the Highway User Revenue Fund money is so important. Assistant City Manager Bryant Powell presented a video entitled "Dear Motorist", a cyclist safety video. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented she needed to be educated here.She asked how they can okay a liquor license for some place that is not able to open and serve alcohol.She asked if they normally do this first and then have them meet all the other criteria and how do they know they are going to meet the criteria. City Attorney Joel Stern stated they agree to give it out provisionally.He thinks the way the state looks at it is they are not going to act on it until there is a certificate of occupancy.When that happens REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 3 OF 18 they will act on it.They have to see the certificate of occupancy first. Vice Mayor Barker commented the certificate of occupancy is dependent on them meeting all the criteria set forth in our zoning needs and so forth. City Attorney Joel Stern stated and the building permit. Vice Mayor Barker commented and the building permit. City Attorney Joel Stern stated the building permit is the key to the certificate of occupancy. Vice Mayor Barker asked if that is what the police department was concerned with.She sees they are talking about lack of installation of furniture and the bar itself, et cetera.She asked if that is the same concern the police department has. Public Safety Director Tom Kelly stated he would explain what was happening.When Lieutenant Robinson did the preliminary inspection on the facility they normally go through a process of looking at the individuals applying for a license.They see if there is any criminal activity or any prior incidence where there have been problems as far as law enforcement is concerned.They found none of that.However, during the course of the inspection of premises they also look at how they are going to secure their alcohol; if it will be locked in a room, locked in stages and how it will be locked and maintained after hours.They were not able to do that because the facility is not completed.However, the maintenance people and the owner indicated to Lieutenant Robinson that when they completed their interior design they would have a place to lock it and did afford them the opportunity in the future, as the city attorney addressed and he is assuming how the fire district approved, to go back in at a later date and inspect it.Preliminarily they did not say it is all wonderful and meets all their requirements since they were unable to see the final construction.However, they were told REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 4 OF 18 that this is what was going to happen.At a later date they can go back in.As late as today Lieutenant Robinson did go over there and they are still in the process of finishing the final renovations.The owner was not there at the time but he was assured they could come back and inspect it to assure the council it would meet their basic requirements and make sure the alcohol and the other items would be secure.They are basically saying they approve it, however they were unable to see the proper locking mechanisms and how the kegs of beer would be kept and secured.He believes today they are going through some finalized stages.They approve it but they would like to have the option to go back and assure the city it is being maintained well.Their only concern was they were looking at something that is not complete so they cannot really say it is. Vice Mayor Barker commented they have looked at several of these problems.Not necessarily with liquor licenses but with other problems where people say they are going to do x, y and z and then they do not do x, y and z and we have to come back.Sometimes we do not have the power to do anything about it because we have already gone through this process and approved it.She realizes the state is not going to listen to the council about much, but she wanted to hear the concerns. Public Safety Director Tom Kelly stated their basic concern was to look out for the best interests of the city in making sure they did, at least, their best practice to insure that the proprietor will do what they are intending to do. Mayor Insalaco requested the applicant address the council.The applicant was not in attendance. City Clerk Kathleen Connelly stated the applicant was notified just like we do all of our applicants. Mayor Insalaco asked if he was notified. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014. PAGE 5 OF 18 City Clerk Kathleen Connelly stated he was.There is a copy of the letter in the council packet. Vice Mayor Barker commented she really has no problem with this new facility opening back up.She has been a resident of this community for enough years to realize it is a great location and has all kinds of potential for the owners, the community, et cetera.She is concerned with what appears to be an ongoing thing of people telling us one thing and doing something else.It just concerns her.She asked Rudy if this is sent to the state with an approval that they would still have to meet the conditions of occupancy. Senior Planner Rudy Esquivias stated that is correct.The applicants were sent a letter which indicated all of their conditions of approval.They are in the process of remodeling the building.They have secured a proper building permit.He asked for a status update today.They have had many inspections.He corresponded with the architect today. They hope to have an opening date of Valentine's Day.They are proceeding and obviously have some work to do.A lot of the interior stuff is done.Some of the exterior work still needs to be done, the finishing touches on the building and the layout of the parking lot.These have been good applicants to work with and as far as he knows they are progressing, though perhaps not as quickly as we had hoped given the current busy season. They are moving along at a steady pace.The restaurant and the bar were there previously, boarded up for many years.The applicants went to the planning and zoning commission for their conditional use permit for them to have both the bar and outdoor entertainment.The commission approved the conditional use permit believing they would meet the conditions of approval in the architectural layout and other things they were asked to do. They are looking for compliance with all of those conditions of approval. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 6 OF 18 Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP, SUBMITTED BY RONALD ALAN WELTY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. (During the vote Councilmember Wilson commented as long as they have the ability to do the approval through the certificate of occupancy he would vote yes.) VOTE:Unanimous. The motion carried. Councilmember Waldron commented it is disappointing that the applicants are not here. He requested if city staff contacts them they might want to let them know the council was a little disappointed in their not being here. Vice Mayor Barker commented she would have been a lot more comfortable voting for this had they been here. Assistant City Manager Bryant Powell stated they will do so. ORDINANCE NO. 1396, REZONING CASE PZ-6-13, A REQUEST BY SUPERSTITION SPRINGS HOLDINGS, LLC TO REZONE A 2.6 -ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST APACHE TRAIL AND SOUTH GOLD DRIVE FROM LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT )Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 7 OF 18 Mayor Insalaco asked if the wall would go all the way up to the second part. Senior Planner Rudy Esquivias stated all the improvements that are required with phase one would be built with the first phase.It makes financial sense to take the wall all the way up to the setback area on the north end of the parcel.It will be required sooner or later.If they want to do it up front, that is fine.If they want to wait to develop this part of the property, they are not necessarily making that a condition of approval with phase one. Councilmember Rizzi asked what the plan is for widening it or preparing for the additional traffic that will be coming down this drive. Senior Planner Rudy Esquivias stated the public works department/city engineers did not require additional right-of-way.They are requiring additional street improvements but additional width was not requested. Currently the road is probably a little bit wider than one typically sees on a local arterial.It leads to a subdivision that was platted many, many years ago.This road right-of-way was established many years ago when the Azure Skies subdivision was created.They have 60' of right-of-way now.Not all the street improvements are in.The street improvements on the west side of the road are in.There is only pavement on the east side.City engineering is asking for completion of the street improvements with phase one and later with phase two.They did not see a need for or request additional right-of-way dedication. Councilmember Rizzi asked what would be happening with the median. Senior Planner Rudy Esquivias stated the median is going to be redesigned to the extent that it will line up with the new driveway.They will have to take some concrete out and put in some new concrete to basically line up the new driveways. Councilmember Rizzi commented there will still be a median there. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 . PAGE 8 OF 18 Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Barker asked if they would be repairing that road. Senior Planner Rudy Esquivias stated whatever public works requires them to do.They did go out and inspect the road and determined the pavement there was in decent shape.All of the new curbing, sidewalk and gutters and partial saw cut into the existing asphalt will be done as part of this project. Councilmember Evans commented she would like to ask the applicant a question. Mayor Insalaco commented they will be coming up in a minute.There were no more questions for Rudy.Mayor Insalaco requested the applicant address the council. Ms. Kyleigh Merritt, TriArch Architecture, representing the applicant, addressed the council. Councilmember Evans asked if they have an anticipated construction begin date. Ms. Kyleigh Merritt stated they do.They are continuing forward with construction documents as soon as they are finished with this phase one portion.The two south buildings will be the first portion and all of the site and offsite improvements will be done during the first construction.They hope to start in the first part of this year. Councilmember Evans asked when they anticipate completing the whole thing. Ms. Kyleigh Merritt stated currently the first phase of construction, those buildings and all of the site improvements, and as the developer continues to sell off the properties, they will go through the re -plat for the condo of the property and that sort of thing first. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 9 OF 18 Councilmember Evans asked if the main intention is to make the condos. Ms. Kyleigh Merritt stated that is correct.They will do the re -plat process as soon as possible, too. Councilmember Evans commented they will not be built until they are sold. Ms. Kyleigh Merritt stated that is correct. Councilmember Evans commented this could, in essence, only have the two buildings for awhile. Ms. Kyleigh Merritt stated that is correct. Councilmember Waldron asked if she had seen the anticipated language change in there with the design on the north portion of the property. Ms. Kyleigh Merritt stated she had.They are fine with changing to the architectural , design of the downtown overlay district transition zone. Councilmember Waldron commented this council is pretty interested in the reversion of the zoning if it does not get done.He asked if five years is enough time. Ms. Kyleigh Merritt stated that is one concern they do have.She cannot tell from this language if they are talking the north parcel and south parcel. Obviously the doctor is very motivated as he is building the south portion out for him to have his office.He needs that in the immediate time frame.That is fine for this portion.They do not know about the north portion right now.They have completed the lot split and it will be part of his future development. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 10 OF 18 Mayor Insalaco commented he believes it is just the south portion. Vice Mayor Barker agreed. Ms. Kyleigh Merritt stated that would be okay. Councilmember Waldron commented it is not an automatic reversion.It would have to go back to the council to say yea or nay. Councilmember Wilson commented had he wanted to ask a question that has already been addressed as far as the overlay.This is in the area of our community where they are promoting the transition area.He thanked them for considering it. City Attorney Joel Stern stated if they read number ten that is recommended, he thinks it does apply to both. Vice Mayor Barker commented it does not as it has an "or".It says "at least x number of buildings in phase one or at least one in phase one and the completion of phase two". City Attorney Joel Stern stated okay.They could never mind. that is on the record. Powell stated it is on the record. public hearing on the item. Vice Mayor Barker asked if Assistant City Manager Bryant Mayor Insalaco opened the Ms. Sally Weaver, 288 S. Copper Drive, Apache Junction, addressed the council.She stated most of her questions have been answered.She has only one concern and that is the traffic.There is so much traffic REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 11 OF 18 going through there now she is worried it will bring more traffic in the neighborhood.She does now know how they can funnel it out onto the Trail. Mayor Insalaco commented it is part of the downtown and they need something there instead of the dirt lot that looks terrible. Ms. Sally Weaver agreed. Mayor Insalaco commented it will enhance her neighborhood and everyone else's neighborhood around. Ms. Sally Weaver commented that is why she is so glad. Vice Mayor Barker commented she thinks most of the traffic will be coming off of the Trail and going back onto it.One has to live here awhile before they find the shortcut. Ms. Sally Weaver asked if they were going to put a light up. Vice Mayor Barker commented the shortcut is a carefully kept secret. Councilmember Evans asked if she is concerned more about the number of cars or the speed that the cars are going. Ms. Sally Weaver stated it is more the number of cars.There are a lot of speeders that go through but she is concerned about more traffic.They might think to go see what is over here and find the shortcut. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 12 OF 18 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1396 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1396, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT OPTION NUMBER SIX, OR ITEM NUMBER SIX, BE CHANGED TO DELETE THE PHRASE "SIMILAR OR COMPATIBLE ARCHITECTURE -STYLING AS THE BUILDING ON PHASE ONE"; AND, AN ADDITION THAT THE WORDS "THE ARCHITECTURAL DESIGN GUIDELINES OF THE DOWNTOWN OVERLAY DISTRICT TRANSITIONAL ZONE" BE ADDED; AND THAT NUMBER TEN BE ADDED TO THAT LIST THAT "THERE SHOULD BE SUBSTANTIAL DEVELOPMENT WITHIN FIVE YEARS" AND ON DOWN THAT "THIS SHOULD BE EVIDENCED BY CONSTRUCTION AND COMPLETION OF AT LEAST THREE BUILDINGS IN PHASE ONE AREA". Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 13 OF 18 • IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE )Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE:THAT THEY IMPLEMENT THE PROPOSED ZONING CODE UPDATE PROJECT TIMELINE AND BRAD GETS TO WORK. Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly asked if everyone was clear on it.There was no verbal response from the council but she responded with "okay" indicating she had received nods of approval.She asked Brad if he was clear on it. Mayor Insalaco commented Brad is not but that is alright. Development Services Director Brad Steinke stated he is clear on it. VOTE:Unanimous. The motion carried. Development Services Director Brad Steinke stated they will be working to send out about 14,000 pieces of mail to all the property owners in the city. He is working with staff to create the language for these public hearing notices.He handed out to the council the draft of the letter that will go out to all these property owners and the draft of the public hearing notice that will be published in the in the newspaper.He asked them to look at it and get back to him if something does not make sense and needs help. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 14 OF 18 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker announced the work session scheduled on Monday, January 20, 2014, is canceled due to the observation of Martin Luther King, Jr. Day and MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, JANUARY 21, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Representative Doug Coleman, 1474 S. Royal Palm, Apache Junction, addressed the council regarding the next legislative session starting next week Monday and his legislative priorities this session of protecting state -shared revenues and restoring the state -shared revenues.Another concern is if there is a local problem they need to work with the local leaders, not make it state-wide.He added Alan Everett, Director of State Liquor, is a former mayor and he can put items off several agendas if the mayor calls him and tells him they are awaiting completion of items. Mayor Insalaco commented he has several Call to the Public and he will call the first one.If they can get a consensus from everybody it will save some time. Ms. Linda Ritter, 2900 W. Superstition Boulevard, Apache Junction, addressed the council regarding assaults, threats, financial exploitation for over 6 years from a malicious individual the city police department, courts and prosecutor are well aware of.The city has been called on numerous occasions asking for help.She requested action. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 15 OF 18 Ms. Myrna Linker, 2900 W. Superstition Boulevard #80, Apache Junction, addressed the council.She requested Lina explain what she was there to say. Ms. Lina Bellenir, 16301 E. Jacklin, Fountain Hills, addressed the council.She read a letter from Myrna Linker to the council regarding an individual she had hired for home improvements, including an ADA approved ramp for her wheelchair.The work was never completed and an inspector never came out.Another contractor had to be employed.Others in the park have received the same treatment and he later slapped her with a malicious lawsuit.She commented on other lawsuits.She does not believe city officials have responded strongly enough to protect their park and community.She requested action. Mayor Insalaco commented he would go ahead and listen to everyone here. Mr. Harlan Oeltjenbruns, 2900 W. Superstition Boulevard #100, Apache Junction, addressed the council regarding this person suing him for calling him a thief at a board meeting which never happened and concerns for his safety as this person has come close to hitting him with a vehicle. Ms. Sue Ward, 2900 W. Superstition Boulevard #62, Apache Junction, addressed the council regarding why the city is allowing a handyman to solicit business over and above the allowed amount and contract without a license. Ms. Mary Ellen Wilson, 2900 W. Superstition Boulevard #93, Apache Junction, addressed the council regarding being called to an elderly gentleman's home where a hot water heater was put in by this same person.That unit quit and they learned it had been recalled by the manufacturer.She knows the person has no license to do the work and no inspector ever came out to look at it.Because he was an elderly gentleman, the company gave him a new water heater. Vice Mayor Barker directed the city manager to direct the city attorney and some other departments named tonight to meet with these folks and see if there is anything the city can do to help relieve this problem. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 16 OF 18 Assistant City Manager Bryant Powell stated they will do that. Mayor Insalaco commented there are seven people up here wanting something done. Councilmember Waldron asked Bryant to let them know the results. Vice Mayor Barker concurred. Assistant City Manager Bryant Powell stated they will follow up and get back with the council. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8:10 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of December 17, 2013. 3. The mayor and city council shall consider proposed Resolution No. 13-40, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the design and installation of traffic signal improvements at the intersection of Superstition Boulevard and Meridian Drive. ACCEPTED THIS 21ST DAY COUNCIL OF THE CITY OF SIGNED AND ATTESTED TO ATTEST: KATHLEEN CONNELLY City Clerk OF JANUARY, 2014, BY THE MAYOR AND CITY APACHE JUNCTION, ARIZONA. THIS 21ST DAY OF JANUARY, 2014. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 17 OF 18 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 7th day of January, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of January, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 18 OF 18