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HomeMy WebLinkAbout2013-08-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 6, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 6, 2013, 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 Serdy Councilmember Waldron Councilmember Wilson Staff Present:Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Acting Public Safety Director/Deputy Police Chief Tom Kelly Public Works Director Giao Pham Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present:Public Works Manager Shane Kiesow Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF CONTRACT FOR FISCAL YEAR 2013-2014 STREET MAINTENANCE PLAN BE AWARDED TO SUNLAND ASPHALT THROUGH COOPERATIVE PURCHASING NETWORK CONTRACT #R5225 FOR PW 2013-08, 16TH AVENUE AND SUPERSTITION VILLA SUBDIVISION OVERLAY, AND PW 2013-09, APACHE VILLA SUBDIVISION SLURRY SEAL/OVERLAY IN AN AMOUNT NOT TO EXCEED $1,448,593.20; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation supporting the "Start by Believing" Public Awareness Campaign and presented it to Community Resource Coordinator Constance Halonen. Community Resource Coordinator Constance Halonen gave a brief presentation on the campaign. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced the Boys and Girls Club's annual Bowl-A-Thon will be this Saturday at the East Mesa Bowl facility. Councilmember Rizzi announced.the Apache Junction School District will be hosting a cardiac screening, echo and EKG screening, on Saturday, August 31. Councilmember Serdy announced the Superstition Mountain Museum will have a display of the Superstition Mountain collection by world known artist Ted DeGrazia.They have not been seen by the public in a long time.It will be September 28 through April. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 2 OF 14 CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the partnerships with Republic Services, the fire district, Community Alliance Against Family Abuse, and High Intensity Drug Trafficking Area; and commented on the coordination between the public works department, police department and fire district during recent flooding caused by heavy rain. Councilmember Wilson commented he lives out in that area and it happened on a Sunday.Public works people had to be called in from home.He thanked them for their response and the clearing of the roads.Due to the mud and washes involved, it took him four streets to get home.A couple of hours later, the roads were passable.He thanked public works, the police department and the fire district. PUBLIC HEARINGS ORDINANCE NO. 1393, REZONING CASE PZ-3-13, A REQUEST BY ROBE TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL, TO REZONE AND AMEND A DEVELOPMENT PLAN FOR A 20 ACRE PROPERTY AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK FROM GENERAL RURAL AND CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT TO CONVENTIONAL SINGLE- FAMILY HOMES BY PLANNED DEVELOPMENT) )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented he mentioned the fact there are several horse properties in the area. Senior Planner Rudy Esquivias stated that is correct. Councilmember Wilson asked if the potential buyer would be notified there are horse properties nearby. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 3 OF 14 Senior Planner Rudy Esquivias stated they will be as it is kind of a neighborhood overview. There are several general rural properties in the immediate area and some folks down there with horses.They are concerned and want to be acknowledged they were there first. Councilmember Wilson asked if that would be in there. Senior Planner Rudy Esquivias stated they are asking for that to be in their disclosure when they start selling lots. Councilmember Wilson commented he drove around it today and noticed a dirt road running in there that is being used.It comes up to a dead end. Senior Planner Rudy Esquivias stated a stretch of 19th Avenue is going to remain open simply because there are a couple of lots in there that have no other access.There will be some street improvements in certain areas.There is one group of lots that have access on 20th Avenue.There is one property that might need to be re- addressed on 20th Avenue instead of 19th Avenue.They are aware of the situation and all the setbacks work out.There will be limited street improvements near the other four lots.There is a right-of-way for 17th Avenue but it is not used.It is not bladed.They will continue to have access as they always have. Councilmember Wilson commented they had requested bike lanes be included with the improvements on Tomahawk.He asked if that will be a part of the improvements. Senior Planner Rudy Esquivias stated there is enough right-of-way there.They will make note of that during the final plat process when they get the improvement plans in.He believes the city engineer is already aware of that and it is a standard thing they look for these days. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 4 OF 14 Councilmember Evans commented they do not have the final house designs.The designs they have are the houses from Jacobs Ranch. Senior Planner Rudy Esquivias stated that is correct.Typically the developer will submit the master plans for all their models during the final platting process.He can bring those exhibits to them when he brings them the final plat. Councilmember Evans commented this is just for the rezoning. Senior Planner Rudy Esquivias stated this is for the rezoning and the preliminary plat. Councilmember Rizzi commented she wanted to commend the planning and zoning commission for the work that they did with this developer.She knows they asked for a dog park and an extra ramada.She thinks they did a great job. Councilmember Wilson asked if the homes along the south side will be limited to one story. Senior Planner Rudy Esquivias stated those lots, because of concerns from the neighbors for views being blocked and those kinds of things, will be limited to one story.They specifically listed the lots by number in condition number 7 of the ordinance.They are lots 77, 78, 79, 80, 88 and 92 are limited to one story homes. Councilmember Wilson asked about 93 through 102. Senior Planner Rudy Esquivias stated according to Mr. Tyler these folks did not express the same type of concerns as the folks over there.These were not specially conditioned to be one story. Councilmember Wilson commented he did not want to do more than one story there. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 5 OF 14 Senior Planner Rudy Esquivias stated they can add a condition if they want or just add those lot numbers to the paragraph. Mayor Insalaco requested the applicant address the council. Mr. Robb Tyler stated they are proud of what they are putting together and the involvement they have had with the neighborhood.They went door to door in the neighborhood for all the contiguous landowners.They had a very successful neighborhood meeting.The concern on the view corridor for the six lots that were deed restricted came from Daphne and Irwin and the Standages.We stood on the property and estimated the horizon.They were really satisfied.They believe the one story will block the U Haul but leave the view of the Superstitions so they are looking at this as a double win.The owners on 19th Avenue were concerned with not having any of the traffic from the subdivision exiting or entering off of 19th Avenue.They worked with them on that.They are aware that as an inf ill project they have to be very sensitive to the existent neighbors.Their public report will have language about the existent horse properties and the nature of the area in play.Anybody coming into this will have to be aware other people were there first and their rights supersede anything else they are fitting into it.The neighbors immediately south of 19th Avenue felt there would not be an issue with the view corridor because there would be significant distance between their yards, the landscaping strip, the wall and the housing setbacks.The way they are positioned their view is a different way.They are excited it will be a dead end and they will not have to worry about kids on all terrain vehicles ripping through there.They are happy it will be chip sealed and they do not want headlights coming through their windows at night.They managed to hit all three of those issues.There was no mention of a height restriction.He has heard some concern about the size.These houses will not be for everybody, but they believe there is a lot of evidence this is a very popular concept. First time homebuyers are looking at this as well as people looking to downsize.There are other things they want in life. They feel it serves a very substantial, demographic mean.Other successful subdivisions in the area such as Jacob's Ranch seem to add a lot of credence to that. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 6 OF 14 Councilmember Rizzi commented he stated the people on 19th Avenue did not express much concern about the height of the housing.She asked if there were many people who showed up at the meetings. Mr. Robb Tyler stated two of the three property owners on 19th Avenue attended.They made calls to the valid numbers and sent letters for public notification.It was not that they did not express much; they did not express any even when asked outright.Their concerns were dust, through traffic and headlights.They have heard some concerns about overflow parking.They believe with two cars in the garage, two cars in the driveway and one side of the street parking they have 98% of the eventuality covered.It is possible there might come a year that has a little more overflow than everybody wanted, but they cannot reasonably try to plan for those scenarios.They will make it a model option for someone to have an 18' driveway or a 20' driveway.With the one side street parking and overflow at the swimming pool and clubhouse, they feel they have done a reasonable job in addressing the parking.They are planning on doing agave-themed landscaping on the view corridor corners and agave with low profile cactus on the entrance monuments. Assistant City Manager Bryant Powell asked if these are private streets and if a homeowners association will be in place. Mr. Robb Tyler stated they are private streets, there will be a homeowners association, and they will be hiring a professional homeowners association management company.Part of the services they provide is the 20 year cost of maintenance and they roll it back through proration across the board. Assistant City Manager Bryant Powell stated 20 years from now, when we are all gone, they will come back to the city and we will have some of that. Mr. Robb Tyler stated that is correct.All the documentation provided will let them know these are private streets and not -the providence of the city to REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 7 OF 14 maintain.Part of the homeowner fee is going to be a rainy day fund for this, trash collection and a couple of other things. City Attorney Joel Stern asked if he talked to staff about having no parking signs on 19th Avenue. Mr. Robb Tyler stated they have not had any discussions on that yet.It seems viable.He would not anticipate a problem with it as it is a long walk around to get in.He is not anticipating any through gates there.That will be in the city's purveyance.It is something that could be approached by this body. Councilmember Evans commented she understands his theory on the models, some offering a bigger driveway than others and being able to park on one side of the street.She asked if there will be anything listed in the CCR's as far as vehicles extending out into the street or ramifications in the rules and regulations.It has happened so much and having the overflow parking situation, she believes he has 7 overflow spots by the clubhouse. Mr. Robb Tyler stated it is 7 to 10.He does not recall the exact layout. Councilmember Evans asked what the actual size will be of the clubhouse.She asked if 7 spots would do it if they had a party there or would there be more overflow parking on the sidewalks. Mr. Robb Tyler stated they will have more overflow parking on the side of the streets. Councilmember Evans commented he still thinks they need a swimming pool more than overflow parking spots. Mr. Robb Tyler stated they do.They will probably have to agree to disagree.The amenity of a swimming pool is more desirable to the eventual home buyers here than overflow parking that gets utilized occasionally if ever. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 8 OF 14 Councilmember Evans commented it will sell more but the reality point hits after. Mi.. Robb Tyler stated he sees where she is coming from and she has mentioned the community pool down the road, but in talking amongst themselves and reaching out to people who are actively selling in this area, they came to the conclusion that the swimming pool is a good amenity to have.The one at Jacob's Ranch gets a lot of use both by winter visitors and the families who own there. Councilmember Evans commented she believe it will be used but the city needs to look at what will happen when they are gone and they have the overflow parking issue.They do not have the same availability to major street parking as some of the other subdivisions do. Mayor Insalaco opened the public hearing on the items.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 ORDINANCE NO. 1393 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1393, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 9 OF 14 VOTE:Unanimous. (During the vote Councilmember Wilson commented he would have liked to have seen lots 93 through 102 be limited to one story.) The motion carried. RESOLUTION NO. 13-31, CASE SD -2-13, A REQUEST BY ROBS TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL, FOR APPROVAL OF A PRELIMINARY PLAT FOR A 120 -LOT SINGLE FAMILY HOMES SUBDIVISION ON 20 GROSS ACRES AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented the applicant does not need to come up again as this pertains to the previous item.He 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 RESOLUTION NO. 13-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE SD -2-13, BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET AL, REPRESENTED BY ROBS TYLER, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 10 OF 14 None. NEW BUSINESS APPOINTMENT TO FILL THE VACANCY ON THE SEWER DISTRICT BOARD )Mayor Insalaco called for a motion. Councilmember Wilson MOVED THAT JEFF STRUBLE BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 BOARD FOR A TERM TO EXPIRE JULY 7, 2014. Councilmember Serdy SECONDED THE MOTION. Councilmember Waldron MOVED THAT BOB LENZ BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 BOARD FOR A TERM TO EXPIRE JULY 7, 2014. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly stated the vote would be on the first motion for the appointment for Mr. Struble. VOTE:6-1 (Councilmember Waldron voted in opposition.) (During the vote Vice Mayor Barker commented she is struggling with this for one reason only.The council has set up a policy not to appoint people to multiple commissions and boards and Mr. Struble is serving very valiantly on one very important one that does not meet very often.They have also tried to set up a policy to have people who have gone through the leadership academy.Mr. Struble has not done so but on the other hand the other nominee does not meet any of that criteria either, so she voted yes.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 11 OF 14 City Clerk Kathleen Connelly stated there was no need to take a vote on the second nominee. DIRECTION TO STAFF CITY OF APACHE JUNCTION LABOR MARKET )Human Resources Director Liz Riley briefed the council on the item. Mayor Insalaco opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY OF APACHE JUNCTION LABOR MARKET:THAT WE PROCEED TO ADOPT THE PROPOSED LABOR MARKET OF CITIES AS PRESENTED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 19, 2013, 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, AUGUST 20, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 12 OF 14 CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:48 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of July 16, 2013. 3. Consideration of approval on the award of contract to Sunland Asphalt for street maintenance work in partial fulfillment of fiscal year's 2013-2014 Street Maintenance Plan in an amount not to exceed $1,448,593.20.The work would be completed through the Cooperative Purchasing Network Contract #R5225. ACCEPTED THIS 20TH DAY OF AUGUST, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF AUGUST, 2013. OHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 13 OF 14 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 6th day of August, 2013.I further certify that tne meeting was duly called and held and that a quorum was present. Dated this 12th day of August, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 14 OF 14