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HomeMy WebLinkAbout2009-08-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 4, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 4, 2009, 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 7:25 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (Councilmember COleman was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Economic Dev. Director Steve Filipowicz Asst. to the City Manager Matt Busby Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 1 OF 12 Business Advocate Janine Solley James Hazel, City Magistrate ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2008-01, STREET LIGHT INSTALLATION ON BROADWAY AVENUE BETWEEN DELAWARE AND MERIDIAN, BE AWARDED TO UTILITY CONSTRUCTION COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $65,932.74, FUNDED THROUGH A COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS FOR FISCAL YEAR 2007, PROJECT NO. 102-08; AND THAT AUTHORIZATON BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT; AND THAT RESOLUTION NO. 09-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF THE APPLICATIONS(S)FOR SERVICES FROM THE DRACHMAN INSTITUTE FOR TECHNICAL ASSISTANCE IN THE COMPLETION OF A COMMUNTIY WIDE HOUSING SURVEY, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR A SETTLEMENT AGREEMENT IN PACE V. CITY OF APACHE JUNCTION, ET AL),PINAL COUNTY SUPERIOR COURT NO. CV200900918; AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER SO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT FOR THE CITY ATTORNEY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Officer Bill Virtue gave a presentation on the police department's Drug Abuse Resistance Education program.He then presented the council with their shirts. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 2 OF 12 Mayor Insalaco commented he had been to all the graduations for all the schools.At the last one, at Desert Vista, a parent came up and thanked the city council and police department for keeping his son off drugs. Vice Mayor Eck commented one thing he really admired about the D.A.R.E. program students is when they have the annual neighborhood meetings day where they go to 10 to 12 neighborhood meetings in one day.There were about 4 or 5 of them that went on the trip.He is not criticizing his son, but he is sitting at home waiting for life to start, and he is getting better. But these kids were younger, still in high school, and three of them had already signed up for the military, with one heading out in two months.He was amazed as they looked so young at 18 or 17, and all five of them had a good career in mind.It really hit him that this is a good program that gets kids thinking in the right direction on what they are going to do for the rest of their lives. Mayor Insalaco asked if these are the kids in the explorer program. Vice Mayor Eck stated they were kids in the D.A.R.E. program. Some explorer kids were there too, but the D.A.R.E. kids knew where they were going. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Eck announced the week of August 10 through 15 is free trash week at the landfill. Councilmember Wilson announced that the Apache Junction/Gold Canyon area is one of the top four retirement communities recognized nationally. Mayor Insalaco commented it is nice that 3 out of the 10 were from Arizona.Tucson is number one, Apache Junction is number 4 and Elgin is number 10. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 3 OF 12 City Manager George Hoffman commented that Suzanne Heninger completed her municipal election official certification and thanked the council for their support during his time of loss. PUBLIC HEARINGS REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant declined unless there were questions.There were no questions.He then opened the public hearing on the item.There being no one wishing to speak he closed the public hearing and opened the item to council discussion.There being no discussion, he called for a motion. Vice Mayor Eck MOVED THAT THE REQUEST BY TURF PARADISE RACE COURSE FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT FOR A TERM RUNNING FROM SEPTEMBER 9, 2009 THROUGH MAY 31, 2012, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1340, CASE AN -1-06, ANNEXATION OF APPROXIMATELY 123 ACRES OF PRIVATE PROPERTY AND ASSIGNING CITY ZONING TO THE PROPERTY OWNED BY FORTUNE TRAVEL, INC./POSSIBLE RECONSIDERATION OF FORTUNE TRAVEL, INC. REQUEST FOR ANNEXATION OF 123 ACRES LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 4 OF 12 AND MERIDIAN UNDER ORDINANCE NO. 1340/RESOLUTION NO. 09-14, GRANTING PERMISSION TO SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 TO PROVIDE SERVICE TO A 123 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN, CURRENTLY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY/ POSSIBLE RECONSIDERATION OF SEWER DISTRICT BOUNDARY EXTENSION FOR SERVICE TO A 123 ACRE PARCEL LOCATED AT SOUTHEAST CORNER OF SOUTHERN AND MERIDIAN UNDER RESOLUTION NO. 09-14/ORDINANCE NO. 1341, CASE PZ-6-05, AMENDING THE ZONING DISTRICT MAP OF THE CITY FOR A 111 GROSS ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER AREA OF SOUTHERN AND MERIDIAN FROM GENERAL RURAL TO TRAILER HOMESITES BY PLANNED DEVELOPMENT/RESOLUTION NO. 09-15, APPROVING A PRE- ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT WITH FORTUNE TRAVEL, INC. )City Attorney Joel Stern stated they can do one public hearing for all of these items. Senior Planner Rudy Esquivias briefed the council on the item.The items must be continued because of a letter from the Arizona Department of Revenue advising of additional owners of personal property in the annexation area that was received today. Vice Mayor Eck asked if all of that is in the right-of-way and not on private property. Senior Planner Rudy Esquivias stated they are also annexing the right-of-way.The issue is they have to get signed annexation petitions from a majority of property owners that are subject tO taxation by the city.Salt River Project is not subject to taxation.Qwest and Arizona REGULAR MEETING OF THE -CITY COUNCIL AUGUST 4 2009 PAGE 5 OF 12 Water Company are subject to taxation.They have one petition from the landowner.In order to achieve a majority, either Qwest or Arizona Water Company must sign an annexation petition. Tonight they are respectfully requesting all 6 items be continued to August 18.The applicant will get the signature required. Councilmember Barker asked if there is a time problem with continuing this to the next meeting. Senior Planner Rudy Esquivias stated there is not.The blank petition was recorded on January 27 and the state statutes give them one year to make an annexation effective. Councilmember Barker commented she meant if they would have to advertise again. Senior Planner Rudy Esquivias stated as long as they make it date certain, they do not have to re -advertise. City Clerk Kathleen Connelly stated the internal deadline for submitting things for the -next packet is Thursday, two days from now at noon.Mr. Lake is aware of that and her concern is that it will be a continuing expense to keep running these things in the packet if the signatures are not ready for the, August 18 meeting Mr. Lake, with Rudy as her witness, agreed to reimburse the city for that expense.He said_he would cut us a check; There was general discussion on the length of time this item has taken to be completed. City Clerk Kathleen Connelly stated they:may :see the item in the packet but they may not see , the signature:page .until the night before or the night of the meeting. Mayor Insalaco requested the applicant address the council. REGULAR MEETING.OF.THE CITY COUNCIL AUGUST 4 2009 PAGE 6 OF 12:. Mr. Sean Lake commented they had hoped to put an end to this and move forward.He commented October was looking good as that would officially mark the fifth year they have been working on this project.He requested the next meeting.He has personally spoken to the general council for Arizona Water and he has worked before with the president of Arizona Water.He hopes to have a meeting with him this week. He has also done this with other annexation requests in other communities with Qwest and gotten signatures personally with them.He is confident he will have the signature.He is not sure he can have it by Thursday, but he can have it by the meeting.It may not be in their packet, but he can deliver the signature; either they have the signature or they do not have the signature by August 18. Vice Mayor Eck commented it is almost like doomsday. It is ready to go and then there are one hundred different problems. Mayor Insalaco commented it is like getting kicked in the teeth. Mr. Sean Lake stated he hoped Arizona Water and Qwest do not file for bankruptcy.No one would have authorization to sign. City Attorney Joel Stern stated Councilmember Serdy had brought up an issue on the Welcome to Apache Junction signage.Mr. Lake has agreed to the language being added to the rezoning ordinance, stating the property owner has agreed to work with the city for Welcome to Apache Junction, Home of the Superstitions signage to be located either on or near the project. Vice Mayor Eck commented it may not be on or near the project.It may be across the street where traffic is heading eastbound.They said they would be willing to work with him.He will be coming up with some conceptual plans over the next couple of weeks to show everyone. They can then work on it. Mayor Insalaco asked if that was Arizona Department of Transportation property. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 7 OF 12 Mr. Sean Lake commented he and the city attorney talked about this.When they say near, they mean in a broad sense, meaning over, on, across the freeway or somewhere in the general vicinity. Vice Mayor Eck commented they spoke last night that they might put up something or they might do a contribution with other businesses or such or whatever. Mayor Insalaco commented they will be taking that up with city staff. Mr. Sean Lake stated they would and they would add it as condition thirteen to the rezoning. Vice Mayor Eck commented he thinks they will like his conceptual plans. City Clerk Kathleen Connelly asked if that condition would be added to the ordinance before it appears before the city council at the next meeting. City Attorney Joel Stern stated he has given the language to Rudy and he can add it. Mayor Insalaco opened the public hearing. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated it is the gateway to the city and he would not like to see a manufactured home park at that location.He added at least the city is listening about the sewer being added as a prerequisite to any kind of trailer park development.He added several parks in his neighborhood are putting out A -frame signs to sell their mobile homes and wondered if the demographics for this project are current or if there would be a lot of empty spaces.He added a retirement community may not want to pay for schools. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 8 OF 12 Vice Mayor Eck commented he would love to see site built homes on this property.If they were to wait for site built homes on this property, ten years from now we would still be wondering what is going to happen. Nothing will happen there unless Las Palmas comes in.Las Palmas is the elite of what you would call a manufactured home. He calls it a subdivision.They are absolutely beautiful.When Mr. Fisher referred to demographics, Mr. Lake had told him that the average salary per household is $80,000 annually with a net worth of over $300,000.That is not a bad group of people to tap into and come into the community.He does not see anything else being built; they are not getting permits for new home construction, not even a single site built home.This is the project for that area. Councilmember Serdy commented he wanted to reiterate what the vice mayor said.They are far from trailers, they are prefab homes.When you are inside of them, it does not feel like you are in a prefab home, it feels like you are in a house. Councilmember Barker commented the council would not consider a development like this particular one if we did not think they were up to date. Mayor Insalaco commented they should not look at it as to whether it is a mobile home park or stick built.It is a lifestyle.This is a lifestyle that people this age want.They want a secure home.They do not want to worry about yard work.They want a place they can leave, be gone for 3 or 4 months, and still be there. Vice Mayor Eck commented it does not matter, he has walked out on him. Mayor Insalaco commented he is not talking to him; he is talking to the public.He is not worried about him.This is a lifestyle.You go to any of the other Palmas Del Sol throughout the valley, you will not find for sale signs.If you do, it is gone in days.He then called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 9 OF 12 Councilmember Dietz MOVED THAT ORDINANCE NO. 1340 BE CONTINUED UNTIL AUGUST 18, 2009. City Attorney Joel Stern stated they can do a simple motion of items 10-15 being continued. Councilmember Dietz AMENDED HIS MOTION TO ITEMS NUMBER 10 THROUGH 15 BE CONTINUED TO THE AUGUST 18, 2009 MEETING. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING 'DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD-ON MONDAY, AUGUST 17, 2009, 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 18, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE -CITY COUNCIL AUGUST 4 2009 PAGE 10 OF 12 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Patricia Blight, 431 S. Saguaro, Apache Junction, addressed the council regarding the restriction of parking 18 wheelers on city streets in secure locations. Mr. James Paul Blight, 431 S. Saguaro, addressed the council regarding the parking issue and weight limit for trucks. Mayor Insalaco requested staff look into this as they are trying to do an ordinance on this.He would like to see what can be done for the truck drivers who live here. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:10 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of July 7, 2009. 3. Consideration of PW 2008-01, award of contract to Utility Construction Company, Inc. for street light installation in an amount not to exceed $65,932.74. 4. Consideration of Resolution No. 09-38, authorizing the submission of application for services from the Drachman Institute for technical assistance in the completion of a community wide housing survey. 5..Consideration of a settlement in Pace v. City of Apache Junction, et al,Pinal County Superior Court No. CV200900918. 6. Consideration of Employment Agreement for City Attorney. ACCEPTED THIS 18TH DAY OF AUGUST, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.. REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE-11 OF 12 SIGNED AND ATTESTED TO THIS 18TH DAY OF AUGUST, 2009. ATTEST: KATHLEEN CONNELLY City Clerk Mayor 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 4th day of August, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th of August, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 4 2009 PAGE 12 OF 12