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HomeMy WebLinkAbout2006-03-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 21,2006 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 21,2006,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eck called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Mayor Coleman was out-of-town for a conference.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp Public Works Director Doug Dobson Business Advocate Amy Malloy REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 1 OF 13 Others Present:Senior Planner Rudy Esquivias Library Manager Spencer Paden ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED' AS PRESENTED:AND THAT JANICE STENGLEIN BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JUNE 30,2008:AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN DENISE RESNIK AND THE CITY OF APACHE JUNCTION FOR COMMUNICATION AND PUBLIC RELATIONS CONSULTATION SERVICES FOR CROSSROADS REDEVELOPMENT AREA IN THE AMOUNT OF $28,000 BE APPROVED,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT:AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2006-02.PRE -COATED CHIPS.BE AWARDED TO MESA MATERIALS,INC.IN THE AMOUNT OF $36.79 PER TON. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS.PRESENTATIONS AND COMMUNICATIONS Business Advocate Amy Malloy recognized local artist Mari Jackson for her artwork.The city received a $455,000 grant from the Arizona Department of Transportation for her to design 4 freeway ramps at the Ironwood and US 60 freeway exchange.That work is anticipated to begin this spring and will be completed this fall.She also designed and constructed the quail public center art piece located on Phelps Drive which was done pro bono.The city only paid the cost for materials.Vice Mayor Eck presented Ms.Jackson with a plaque on behalf of her contribution to public art. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 2 OF 13 transportation,the .2%tax being removed from gas prices,and when the council election packets would be noticed in the papers. Mrs.Tess Nesser,1511 S.Cactus Road,Apache Junction,addressed the council to remind everyone that the Special Olympics will be held on April 8 at the high school starting at 8:30 a.m.She was also selling raffle tickets for the event. Mr.Bo Randall,1361 E.18th Avenue,Apache Junction,addressed the council regarding some problems they are having in the industrial area that they have been addressing for a few years about being treated fairly.He tried to buy some property to expand his business and he was knocked down on it because of water retention and other things that needed to be done immediately before he could use it.Someone else has bought the property and is immediately using i t and they have no site plans or a business license and no improvements have been made to bring them up to code.Another business has been next door to him for about 6 months and the businesses up and down the street have been complaining as someone is bringing in 15-20 illegal aliens in a van at night, dropping them off,and then picking them up again a couple of nights later and they go somewhere else.In another 3 or 4 days to a week,another load comes in.They have expanded into the Brake -0 building on 18th Avenue and they are working out of there during the day.He, added a tow company moved in on 17th Avenue up the street from him called All Queen Creek Towing and they have no city licenses or anything else;they are pulling in the city and they pay no city sales tax.Other companies are doing the same thing in the area.He asked that they all be treated the same way.There are even tow companies •operating with out DPS-approved equipment,and that is an absolute must.A tow vehicle must be inspected and approved by the Arizona Highway Patrol; these trucks are not.They have no DPS tags on them and one company is even switching license plates from one truck to the other.The police department is not doing anything about it although they have the authorization to do i t under Title 28.He is asking that they be treated fairly. Councilmember Insalaco commented he would like to see code enforcement or someone else down in that area.He commented cargo containers are not valid in the city and one has been moved in next to Mr.Randall's property that has been there for almost a week. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 3 OF 13 Vice Mayor Eck commented there were enough items mentioned that he believes the city manager could start with it and they should go from there;he heard several different departments. CITY MANAGER'S REPORT City Manager George Hoffman stated at their next work session on April 3 they will need to take approximately an hour of their time to have a joint meeting with the planning and zoning commission to talk about downtown issues. PUBLIC HEARINGS APPLICATION FOR PERSON TRANSFER,LOCATION TRANSFER,LIMITED LIABILITY CO.,SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON )City Clerk Kathleen Connelly briefed the council on the item.She stated the business will be located down the street at what had previously been Escondido's and then another restaurant.The packet contains reports from the other departments and the applicant was asked to be present tonight in the event the council has any questions. Vice Mayor Eck requested the applicant address the council. Mr.Robert Rosencranse stated they were excited to be here. Vice Mayor Eck 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. City Clerk Kathleen Connelly commented their packets contain a letter from the fire district which is recommending denial. Mr.Robert Rosencranse stated they are aware of the fire district's comments.The grill hood for the current tenant has not been certified for 6 months.The fire suppression for the hood is not adequate and he does not have fire extinguishers in the kitchen.They REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 4 OF 13 know that when they move in they have to upgrade the fire suppression system. but they will not be taking possession pf the property for another 45 to 60 days. Vice Mayor Eck asked when they planned on being open. Councilmember Dietz commented they list 3 items,including ABC -rated fire extinguishers in the kitchen area that must be easily accessible.He added the grill hood must be serviced,cleaned, and tagged by a licensed contractor every 6 months.They also need a Type K fire extinguisher in the cooking area. Mr.Robert Rosencranse commented there is nothing they can do about the items until they take possession of the property. Councilmember Dietz asked if this could be brought back. City Clerk Kathleen Connelly stated the city has a time limit in which to respond.She added they could approve and put a statement saying contingent upon being brought up to fire district standards. Vice Mayor Eck agreed. •Mr.Robert Rosencranse stated they are very aware of it.The city notified them right away about it. Councilmember Dietz commented he was not aware they could approve it with that contingency.He does not see a problem with it.He just wants to make sure these things are taken care of. Mr.Robert Rosencranse stated he understands that during the process there are 2 more permits that they have to get yet:the health permit and another from the liquor department.This all rolls into one thing.They are just trying to get the basics out of the way. They have no issue at all with the contingency. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 5 OF 13 Vice Mayor Eck commented the contingency needs to be added into the motion.He then reopened 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 CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON SUBMITTED BY DONNA ROSENCRANSE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES WITH THE CONDITION THAT THE THREE ITEMS -IN THE MEMORANDUM FROM THE APACHE JUNCTION FIRE DISTRICT DATED MARCH 2ND,2006,BE CORRECTED.. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY CO.,SERIES 12 LIQUOR LICENSE FOR THE ORIGINAL ITALIAN PIZZA CARINI'S PIZZA AND RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item.She stated they are located and already open in what was formerly the Longhorn.The applicant is in attendance. Vice Mayor Eck requested the applicant address the council. Mr.Wenceslao Quiroz-Campos commented he would just like to get his license and he distributed copies of his menu to the council. Vice Mayor Eck 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 MARCH 21,2006 PAGE 6 OF 13 Councilmember Insalaco MOVED THAT THE APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY CO.,SERIES 12 LIQUOR LICENSE FOR THE ORINGAL ITALIAN PIZZA CARINI'S PIZZA AND RESTAURANT SUBMITTED BY WENCESLAO QUIROZ-CAMPOS BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. •VOTE:Unanimous. The motion carried. ORDINANCE NO.1262,P1-1-06,REZONING REQUEST BY BUTTRUM/HOLLAND FROM CI -1 TO CI-1/PD TO ALLOW FOR A MINI -STORAGE " BUILDING IN AN RV AND BOAT STORAGE LOT TO BE BUILT AT A ZERO SETBACK )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is a continuation from the meeting a couple of weeks ago.I t involves Lot 26 of the Baseline Industrial Park.The property is about 6 acres in size.The applicant is requesting the rezoning for the purpose of building a mini -storage unit building on the east side of the property with a zero setback.The property is currently being developed for RV and boat storage.The sole issue from last time is the applicant is requesting encroachment on a drainage easement.The mini -storage building will be on the east perimeter,which normally requires a 10'setback. He would like to do that so that he does not create an alley that would be difficult to access,difficult to monitor,and,if a trespasser should have an accident back there,have difficulty knowing anyone was there.He would like to extend his mini -storage building all the way to the north property line. Staff does not have a problem with that:the issue was his encroaching into the 20'wide platted drainage easement.On the subdivision plat itself,the easement serves Mr.Holland's lot and the 2 lots to the east of him.Together the 3 lots drain into a retention basin.Staff could not simply grant a building permit to build in the easement.I t is a matter of record and they cannot ignore the plat.Staff has since met with Mr.Holland and has arrived at a solution.Staff is suggesting a few new conditions in the ordinance.He added the planning and zoning commission did recommend approval of the request and the original ordinance reflected their recommendation.They basically REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 7 OF 13 approved the request but the mini -storage units on the east side must observe the 10'setback on the north,the 20'setback on the south,and they were okay with the zero setback on the east.The new conditions distributed this evening were approved by the city attorney yesterday.There were 2 issues with Mr.Holland after the last meeting.He would like to build in the drainage easement,and he is also considering conveying the property to another entity and is concerned that if it was rezoned under this planned development that only RV and boat storage would be allowed for a use.He and Mr.Holland worked out a palette of use exclusions last week.They are changing condition number 3 in the original ordinance to now read "mini- storage units along the side of the eastern perimeter may be constructed at a zero feet setback against the east property line,the north end of the mini- storage units may be constructed at a zero feet setback along the north property line,and the mini -storage building may also be constructed at a zero feet setback against the south property line within the 20'drainage easement, but only after the property owner receives and presents to the city's planning division all of the following documents:(1)a letter of affirmative support for the drainage easement encroachment/from the chairman of the Baseline Industrial Park Owners Association:(25 letters of affirmative support for the drainage easement encroachment from the owners of lots 27 and 28,the two property owners to the west who are also affected by the drainage easement: (3)a letter from a registered civil engineer justifying the drainage easement encroachment and assuring the city that the encroachment will not negatively affect any properties served by the drainage easement:and (4)a recorded affidavit of correction,drawn and stamped by a registered land surveyor deleting from the subdivision plat the part of the drainage easement on lot 26 requested for building area".Staff believes that if these 4 items are submitted,the city and Mr.Holland will be covered,and the neighbors to the east and the owners association will be notified.I t is a small area he is asking to encroach upon,but i t is a matter of record since i t is on the final recorded plat.There is a formal process with changing a final plat.They also created a stipulation on what uses would be allowed and what would not. The CI -1 basically collects into its permitted uses uses that are allowed in other zoning districts.I t is a very long list and it was easier to state what would not be allowed,which included billboards,bar or cocktail lounge, nightclub,tavern,bathhouses,fairs or circuses,massage establishments,or fitness salons or gymnasiums.Any motorcycle or scooter repair must be conducted inside an enclosed building.Also prohibited is the display,sale or rental or airplanes or parts,automobiles or vehicles that are not in working condition,or display of contractor's equipment or supplies.There REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 8 OF 13 will be no general storage of inoperable or junk heavy equipment or construction materials permitted.Rentals,sales and incidental repair of the same as part of a rental or sales business is permitted.There are already some businesses down there,Sunstate and RSC,which are heavy equipment sales facilities and there are no problems with those.There will be no rental or display of pets,or boarding or hospitals,and no rental or display of personal or secondhand goods,secondhand auto parts,or trailers.There is no storage of old mobile homes or manufactured homes or inoperable RVs. Basically,no junk yards of any kind.I t is also proposed to delete an RV or manufactured home as a caretaker's residence,and the sale of used auto parts, tire rebuilding or recapping,-poultry or rabbit killing incidental to a retail business on the property,or an airport,airstrip or landing field.If anyone was to propose one of these businesses,they would have to come back through a planned development amendment.This.area is industrial,both light and heavy. I t is a good place for an industrial park and this type of use.Staff does not have a problem with the encroachment as long as i t is done the right way. applicant had agreed to everything. he believed he had. any of the four required items yet. Councilmember Dietz asked if the Senior Planner Rudy Esquivias stated Councilmember Severs asked if he has Senior Planner Rudy Esquivias stated he presented him tonight with the letters he plans to send to his neighbors. He would like the city attorney to look at them to make sure the language is okay.He is making progress towards complying with what the city is asking for.He believes the engineer has already done some work for him and he told him to bring i t by and if it looks good they will have i t recorded.While awaiting the required documents,he will be applying for the building permits for the storage units.By the time the plans are approved and he is ready to start building,everything should be taken care of. Vice Mayor Eck requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 9 OF 13 Mr.Steve Holland,2462 E.Desert Lane,Gilbert,addressed the council. Councilmember Severs thanked him for his patience while they were working out the legalities. Mr.Steve Holland stated he appreciated them taking the time to get him through this.He added since he is doing the sheds and a car wash,he will be doing i t all at the same time to prevent the engineer from getting any fatter,and he will take them all in. If he does go with the sheds,he will leave the last two out to keep the costs down. Councilmember Dietz commented they want to make sure that i t is doable for him. •Mr.Steve Holland stated that is what he is trying to do.He wants to get everything through his neighbors first and the association;he will go to his engineer last.There is no sense in going to him first. Vice Mayor Eck 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. Councilmember Dietz MOVED THAT ORDINANCE NO.1262 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. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 10 OF 13 Councilmember Dietz MOVED THAT ORDINANCE NO.1262,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. There was general discussion as to whether an amendment was needed. City Attorney Joel Stern stated they could AMEND IT BY STATING THIS IS THE ORDINANCE THAT IS THE HIGHLIGHTED VERSION,GIVEN TO ALL THE COUNCIL EARLIER IN THE EVENING,AND THE CITY CLERK HAS THE ORIGINAL OF THE AMENDED VERSION SEEN TONIGHT AS PRESENTED BY RUDY ESQUIVIAS. AS THE CITY ATTORNEY HAS PRESENTED TO US. MOTION. the changes to the ordinance. Councilmember Dietz stated SO MOVED Councilmember Waldron SECONDED THE There was a general discussion on VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 11 OF 13 SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,APRIL 3,2006,IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS,RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,APRIL 4,2006,IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT Councilmember Severs SECONDED THE )Vice Mayor Eck adjourned the meeting at 7:46 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of March 7,2006. 3.Appointment of candidate to fill one Library Board vacancy expiring June 30,2006. 4.Consideration of Professional Services Agreement with Denise Resnik for communication and public relations consultation services for Crossroads Redevelopment Area in the amount of $28,000. 5.Approval of award of bid for Project No.PW 2006-02 Pre -Coated Chips to Mesa Materials,Inc. REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 12 OF 13 ACCEPTED THIS 4TH DAY OF APRIL 2006,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF APRIL ,2006. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COL/MAN 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 21st day of March,2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of March,2006. /P 6Le 2g2,, KATHLEEN CONNELLY a City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 21,2006 PAGE 13 OF 13