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HomeMy WebLinkAbout2012-05-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 15, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 15, 2012, 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 Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Waldron 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 Interim Public Works Director/City Engineer Giao Pham Others Present:Building Official Dennis Dixon Senior Project Engineer Emile Schmid REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 1 OF 17 ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE AGREEMENT BETWEEN PETDATA, INC. AND THE CITY OF APACHE JUNCTION FOR ANIMAL LICENSING SERVICES FOR THREE YEARS IN AN AMOUNT NOT TO EXCEED $30,000 PER YEAR, 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 PROCLAMATIONS Mayor Insalaco read a proclamation designating May 20-26, 2012 as National Public Works Week and commented that the Apache Junction Public Works Department is the best around.He is frequently getting compliments on the work done.He presented it to Interim Public Works Director/City Engineer Giao Pham. City Clerk Kathleen Connelly gave the ceremonial oath of office to newly -appointed Councilmember Dave Waldron.He was originally sworn in on May 1, 2012 after the city council meeting where he was appointed. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Smithson commented he was appointed to the Pinal County Board of Supervisors on May 11 to fulfill the remainder of the term of Bryan Martyn.His resignation from the city council will be effective once he is sworn in as a supervisor later this week.He intends to run for city council again in 2013. CITY MANAGER'S REPORT City Manager George Hoffman congratulated Councilmember Waldron and Councilmember Smithson, thanked the LeResche's for being REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 2 OF 17 hosts to the city council retreat this past weekend, and commented on the I Love Impact Fees bumper sticker program. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C. GARRETT VFW POST #7968 FOR AUGUST 11 AND 12, 2012 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not in attendance.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 Barker MOVED THAT THE TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C. GARRETT VFW #7968 FOR AUGUST 11 AND AUGUST 12, 2012, SUBMITTED BY MIKE FERGUSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Samir Arikat, the applicant, addressed the council. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 3 OF 17 Councilmember Serdy asked if he would be keeping the name of Fox Tobacco and Liquor. Mr. Samir Arikat stated it will be changed from Fox Tobacco and Liquor to AJ Tobacco and Liquor. Councilmember Serdy commented he would be getting a new sign. Mr. Samir Arikat stated he would. 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. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 9 LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR, SUBMITTED BY SAMIR ARIKAT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-12, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD BE EXTINGUISHED ) )Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco commented he had a couple of questions for Dennis.One of the main things was the property to the north being flooded out.He asked if REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 4 OF 17 there is any danger of that.As far as he knows, water runs downhill, not up.This property is south, or down, from that other property. Building Official Dennis Dixon stated that is the premise he operates from.He and Sam Jarj ice have the same opinion.They do not see how what is happening with the parcel in question will flood either neighbor's parcel. Mayor Insalaco commented the pictures he provided them are a far cry from what was there in the beginning. Vice Mayor Dietz commented seeing the pictures really made a difference. Mayor Insalaco commented seeing the pictures showed them what they have really done to clean the place up. Vice Mayor Dietz asked if he was satisfied with what has been done thus far or do other things still need to be taken care of and is he worried about that being done. Building Official Dennis Dixon stated there are still some zoning and inoperable vehicle issues that need to be taken care of plus additional property clean up, but it is a far cry from what it was a week ago. Vice Mayor Dietz commented they have made tremendous progress. Building Official Dennis Dixon stated he is concerned about it but he believes they will take care of it when they are capable of taking care of it. That is his opinion for what it is worth. Mayor Insalaco commented they need to get this move in place. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 5 OF 17 Councilmember Waldron asked if there is a code compliance case currently active. Building Official Dennis Dixon stated there is. Councilmember Waldron asked when that would be concluded. Building Official Dennis Dixon stated this is part of it.Everything is not done at this place at this time.May 23rd will be the last warning unless they give an extension.Ten days after that there would be a citation which would probably lead to a fine in court.He cannot say when this would be over. Mayor Insalaco asked if this is on the vehicles. Building Official Dennis Dixon stated it is and there is still some outside storage stuff.They have done a lot but they need to remove it.It is in trailers and is ready to go but he understands they have their issues with that.He cannot speak to all of their issues. Mayor Insalaco asked if the applicant would like to speak on this. City Attorney Joel Stern stated this is city -initiated.He might want to ask the public if anyone wants to speak. Mayor Insalaco opened the public hearing on the item. Ms. Madonna Erb, 880 S. Cortez Road, Apache Junction, and Loren Cox, 880 S. Cortez Road, Apache Junction, addressed the council.She stated she had prepared a few things but she wanted to address a few things first.She stated they have an extra fifth wheel on the property right now with some of their belongings in it.Once the house can be moved over onto the property after the extinguishment, a lot of that can go into the house.They want REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 6 OF 17 to get rid of the fifth wheel as well.The trailer needs to go. It does not look good where it is at but she has nowhere else to put it right now.They have to keep the area open to put the house in.They have run into quite a few financial issues trying to get it all done at once.That is why it has taken a little bit longer.She lost her job shortly after the fire. She had worked there 7 years but because of the time she missed dealing with the insurance and other things due to the fire she was let go.They have basically run out of funds because of this prolonged process of getting the easement going. Mr. Loren Cox stated they do have funds in escrow. Ms. Madonna Erb stated they do have funds to move the house and then more will be able to be done at that time.There are two vehicles.One belongs to her son, it is in his name and a family friend's name, and they will be out of town a little bit longer.She does not know when they are returning as they have not returned their calls. Vice Mayor Dietz asked how long the vehicles have been on the property and how long the code compliance issue has been going on. Ms. Madonna Erb stated the vehicle was damaged in the fire on October 13.They are on a mission.They were trying to do a claim for the fire. Vice Mayor Dietz asked when the fire was. Ms. Madonna Erb stated it was October 13, 2011.They have been out of town and out of state on a mission.They are hard to contact.They do have possession of the title and it is an "and" situation in her son's name and their name.The other vehicle also belongs to a family friend who left it there because he could not afford to fix it.They just need to get rid of that but they do not have the money to do an abandoned title.If they have any solutions on how she can get rid of that without a title, she would be open to those suggestions.She has called places to come and get it but they do not want it without a title.The branches REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 7 OF 17 and debris have been picked up.They are waiting to borrow a truck.They have a friend's fifth wheel hitch, they just need to borrow a truck to hitch it to.It will take 2 or 3 trips to the dump to be done. Vice Mayor Dietz commented the differences in the pictures are phenomenal. Ms. Madonna Erb stated a big chunk of that was done by her three sons as a Mother's Day present.They had some time to come out on the weekend, rent a truck, get a lot of that stuff picked up and make a few runs to the dump.That was her Mother's Day present and she will be forever grateful for that. Mr. Loren Cox commented if he were to buy the exact same trailer that was originally on the lot it would not fit and be compliant. Mayor Insalaco commented he does not have to worry about that. Mr. Loren Cox stated by today's standards it would not be compliant and fit. Mayor Insalaco asked the police chief to help them out with the vehicle. Public Safety Director Jerald Monahan stated he would provide them with his contact information and he will see if they cannot facilitate the title or get the issues resolved with that. Ms. Katherine Nelson, 2325 E. Broadway, Apache Junction, stated she has two drains that empty on each side of her property.The one on the west is 5 feet wide.Mr. Cox had someone plug it up, covering it with concrete and dirt.If a big rain comes, which it probably will within the next few years, it will flood her property.It is a big drain through there.As it is now, it does flood back about halfway up the side of her hill to the trailer.If it is clogged up further, it will force it up further and will overcome her sewer line and everything.She will be sitting on REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 8 OF 17 top of a knoll.She would like the drain opened.State law does not allow anyone to plug up a waterway. Mayor Insalaco asked the building official to address that. Building Official Dennis Dixon stated there is some grading that has been done.Part of it has pushed some soil up to the opening of a drainage channel. It is true it is sitting there.In his opinion if there is enough water coming through there it will move the dirt out of there and keep going.Part of the grading plan, discussed last night, includes removing that pile, taking the dirt from that abutment, and filling in another part of it.If it rains today and rains hard, it will move that out of the way and keep going. Mayor Insalaco commented once the mobile home is set it will be partially taken care of. Building Official Dennis Dixon stated the plan they have discussed is that they have put some dirt up against the abutment that was there at the edge of the pad.It has created a ramp for the truck to pull through and pull out again.Once that is done and they get the money that is tied up in escrow, they will hire someone to finish the grading, at which time these things they are talking about will be resolved. Vice Mayor Dietz commented the dirt that they put in to get the truck in is partially blocking her drain. Building Official Dennis Dixon stated it is not really blocking it. Vice Mayor Dietz asked if it would be taken care of. Building Official Dennis Dixon stated basically there is a channel that runs on the west side of the lady's property and the neighbor.It comes out on the northwest corner of the Cox property.There may be a couple of yards of dirt there like when you take a piece of equipment REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 9 OF 17 and shove the dirt against the berm.That is what we are talking about. Councilmember Smithson stated as part of the inspection process he will inspect to make sure they follow the grading plan and that the dirt is removed. Building Official Dennis Dixon stated that is correct. Councilmember Barker asked if there is a time limit for them to have to remove that or is it whenever they get to it. Building Official Dennis Dixon stated they have a permit that is essentially good for six months.There is not a time limit on it as they are not pushing it as a hazard.They do not see it as such.It is difficult to say they want it done today when they have something that says they have six months. Councilmember Barker asked six months from when. Building Official Dennis Dixon stated he does not remember when they issued the permit. He estimated a month to six weeks.He believes it would be better to ask the gentleman.He only knows what he is told. Mr. Loren Cox stated he has no problem with Ms. Nelson.He will take care of that as soon as the house is installed. Ms. Sylvie Ann Baker, 2325 E. Broadway, Apache Junction, addressed the council.She stated everybody has asked her if she has a picture of what the place looked like before they changed it.She googled it and found satellite pictures of it before it was changed. Councilmember Barker asked that it be put on the overhead. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 10 OF 17 Ms. Sylvie Ann Baker stated this is what it was like.She marked a red "X" where it has been blocked off coming in off of Broadway.It would affect them during a 100 -year flood. Vice Mayor Dietz asked her to show them where her property is. Ms. Sylvie Ann Baker showed them where their property is.She described where they put their culverts.They previously had a 5 foot culvert in but in 2010 it was washed out so they put a 7 foot culvert in.It may take it 10 years, but it will come.She wanted them to know how severe it actually is. Councilmember Barker asked if that is the area of which Dennis was speaking. Ms. Sylvie Ann Baker stated it is. Councilmember Barker stated it does not look like the same area. Vice Mayor Dietz asked what the red "x" is. Ms. Sylvia Ann Baker stated it is where they piled up the concrete blocks that were from the pads from the old trailer.They blocked them up there so it would stop it. Vice Mayor Dietz commented those are the ones he just said he would take care of. Ms. Sylvie Ann Baker stated it is.She added most of the houses around there have termites. This junk issue is a problem because everybody out there has termites really bad.It would help if the wood, tires and all that junk was gone. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 11 OF 17 Mayor Insalaco commented it looks like they have been taking care of it.They have done what they could. Councilmember Barker commented they are hauling that away. Ms. Sylvie Ann Baker stated she got a letter from Mr. Mitchell yesterday.He asked her to tell the council that he intends to pursue and fight this. Vice Mayor Dietz asked if he is her neighbor to the west. Ms. Sylvie Ann Baker stated he is. Vice Mayor Dietz commented he thinks he is a little mixed up on what they are talking about. They are not taking any land.They are giving him land. Ms. Sylvie Ann Baker stated Mr. Mitchell is from Boston.He has his ideas and he is sticking to them.He said to tell the council whatever he has to do he will do it. Vice Mayor Dietz commented they have gotten a number of letters from him.He can do whatever he likes but he will not get anything done. Mayor Insalaco commented he is already encroaching on the property. Vice Mayor Dietz commented the city can actually make him pay an awful lot of money. Mayor Insalaco commented he is in the wrong already.The city is trying to right the wrong. Ms. Sylvie Ann Baker stated she knows.She has heard about this for ten years. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 12 OF 17 Councilmember Barker commented the area "x"ed appears to be a different area than the one Dennis was talking about. Building Official Dennis Dixon stated it is a different photograph.This one has vegetation. Councilmember Barker asked if that is the same area where the grading is.She thought the grading was down lower in the right hand side of the Cox property.She did not think it was that high where the "x" is. Building Official Dennis Dixon stated he could not say because it looks completely different than this now.He does not know when this photo was taken.All of the greenery that they see in this picture is no longer there.It is basically a drainage way proceeding past where the building is and then out. Councilmember Barker asked if that particular drainage way is blocked.That is the basis of this conversation. Building Official Dennis Dixon stated there is a berm there that he said he would remove. Councilmember Barker asked if there are pieces of block there. Building Official Dennis Dixon stated there are a few pieces of concrete but if there were the kind of water that we are discussing about happening tonight, it would push that out of the way and keep on going. Vice Mayor Dietz commented it is not concrete pillars. Building Official Dennis Dixon stated it is a couple of yards of earth with a few concrete chunks in it. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 13 OF 17 Councilmember Barker commented Mr. Cox stated he would remove that. Mr. Loren Cox spoke from the audience and stated he would. Councilmember Barker commented they have consensus.He says he will remove that so it will help that situation.That should answer the problem. Building Official Dennis Dixon stated it could be removed with a pick and a shovel. Councilmember Barker commented they can have another Mother's Day and she can get her son to get out there and remove it with a pick and shovel, pull that stuff out of there and that should take care of that problem. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Barker commented she thinks the Cox's have made a great effort.They have pictures that show a dramatic difference.There are things still there which they have said they will haul out of there as soon as they can get a truck.She thinks they have given their word that they will clear up the drainage ditch.That should answer everyone's problems. Mayor Insalaco commented the problem he sees is their pockets are dry.Until they get the home in place, they cannot get blood from a turnip. Councilmember Wilson commented one can see the new home sitting on the neighbor's property just waiting to be put into place. Councilmember Barker commented that creates another problem all by itself.The drainage issue sounds like it will be real easy to clean up. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 14 OF 17 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE FROM BOWMAN ROAD TO CORTEZ ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -12-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. During the vote Councilmember Smithson stated the council's concern with respect to this easement has to do with whether the city needs the road or not. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 4, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 15 OF 17 THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, JUNE 5, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:45 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of May 1, 2012. 3. Consideration of approval of agreement with PETDATA, Inc. for animal licensing services for a period of three years in an amount not to exceed $30,000 per year. ACCEPTED THIS 5TH DAY OF JUNE, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF JUNE, 2012. 4 .0--(4ttiotzee, HN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 16 OF 17 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 15th day of May, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of May, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 17 OF 17