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HomeMy WebLinkAbout2015-12-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 1, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 1, 2015, 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 Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Serdy Councilmember Wilson Staff Present: (Councilmembers Rizzi and Waldron were absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Others Present:Economic Development Administrator Janine Solley REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 1 OF 12 Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced Project Help is having their annual food, clothing and toy drive.Local businesses compete to collect the most.The winning business gets a rotating plaque.He listed the businesses that are participating. Councilmember Evans announced she had a very good experience at the shop local store called Image Eyewear where she bought some new eyeglasses.She congratulated them for being here for ten years. Councilmember Evans commented two weeks ago at the council meeting she was not herself and upon getting home found her daughter's home was on fire.She thanked Superstition Fire and Medical District and Mesa Fire Department for their quick response.As they moved in with her she cleaned out her house and gave the homeless extra blankets. Councilmember Evans thanked Larry Johnson for thinking of the Kit and Kaboodle when he bought new clothing for those in need. Vice Mayor Barker announced Saturday is the city's Christmas event starting at noon on Apache Trail in front of CVS and the electric light parade at night. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 2 OF 12 Vice Mayor Barker announced there will be a farmers' market Saturday morning. Mayor Insalaco commented Arnold's Automotive already has three large boxes overflowing with toys. Councilmember Wilson announced the tree has been lit and it is very pretty.He encouraged everyone to look at it. CITY MANAGER'S REPORT City Manager Bryant Powell read a letter from the U.S. Interior, Bureau of Land Management thanking Park Ranger Noah Baker for his assistance on an individual collecting artifacts who was willing to turn his collection over to them. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE ELKS LODGE FOR THE PAWS 4 LIFE CAR SHOW ON JANUARY 16, 2016/APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE ELKS LODGE FOR THE BEER AND BRAT FEST ON FEBRUARY 25, 2016/ APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE ELKS LODGE FOR THE RODEO DANCE ON FEBURARY 27, 2016 )City Clerk Kathleen Connelly briefed the council on the three items. Ms. Cindy Pierson, representative of the Elks, addressed the council for questions. They are ongoing events they do every year. Mayor Insalaco commented they are going to be very busy people. Ms. Cindy Pierson stated they will be very busy.She was trying to get all these done at one time as they have so many events going on.The car show is an outdoor event, the beer and brat is outdoors and the rodeo dance REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 3 OF 12 is indoor.They need a special event permit for the latter in order to have any consideration from the beer distributors for the signs and coolers that are needed. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR JANUARY 16, 2016, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the second item. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPEICAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR FEBRUARY 25, 2016, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the last item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 4 OF 12 Councilmember -Wilson MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR FEBRUARY 27, 2016, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OFLIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 15-36, APPROVING THE FINAL SUBDIVISION PLAT FOR OLD WEST MARKETPLACE )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco requested the applicant address the council: City Manager Bryant Powell thanked Colby for all of his work and effort.They have hit every target over the las.Lseveral months and they want to continuethat.He wanted to:share that from a,staff -and economic development perspective on this project. Mr. Colby Fincham, Barclay Group,,23901E.-Camelback" #200, Phoenix, addressed .the council, They,are -the developer working in conjunction with Fry's who will develop this beautiful:new store.It ,isia 123,000 square - foobmarketplace prototype.-. There is not one in the valleythat . is open yet.There will be several opening in the next few years;It has a lot of really.-neat features:including cheese counters, a ,Starbucks and:winetasting. Vice Mayor Barker asked when it would open. Mr. Colby Fincham stated the target:is in the first quarter of 2017.They,will start REGULAR MEETING OF THE: CITY COUNCIL DECEMBER 1, 2015 PAGE5:0F12 construction sometime in the first part of 2016.They are ready to go. Mayor Insalaco commented they will be starting as soon as all the particulars are done.They are ready to start. Mr. Colby Fincham stated they have all of the construction plans for the civil improvements. They have been submitted and they are almost through that approval process.They are hoping to have a permit to start moving dirt in the first part of 2016.They are working on construction documents for the building so they can start construction on the vertical improvements probably sometime in April or May in order to meet the opening deadline of the first part of 2017. Mayor Insalaco commented a lot of things have tried to happen before now and just died. The council knows this is not going to die.But, as soon as everything is done, if they could start tearing down that gas station it would solve a lot of problems.People will be bugging them on when this is going to start. Mr. Colby Fincham stated that is one of the first things they will have to do, given the environmental iconcerns with the existing fuel center there. There is lead -based paint and asbestos that need:to be taken care of properly in order to demolish that facility.One of the priorities is to get the old structures out and cleaned up right away. Mayor Insalaco asked if there would be a -sign out there saying what is coming so people can see it once everything is cleaned up. Mr. Colby Fincham stated they have been working with the current landowner and they are scheduled to close as soon as they have reached -all these hurdles.Once that closes they will put up a marketing sign that say Fry's will be coming soon.As they are the developer, they are also developing the ancillary, shops next to Fry's. They will be working hard to fill those spaces.They have REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 6 OF 12 already done some preleasing on that and they have excellent interest from new tenants that are new to the Apache Junction area.They are excited about bringing in new tenants to the area as well. Councilmember Serdy asked if this was his first project with Fry's. Mr. Colby Fincham stated his company has developed about 3 Fry's developments throughout Arizona. Councilmember Serdy asked if there would be any down time or will the existing Fry's close and this one open the next day. Mr. Colby Fincham stated typically they do not want to have any down time.There might even be a little overlap.He is not sure but they may even keep their fuel center on that side open for a while to get people used to the two different fuel centers.If there is enough demand for both they might leave both of them open.They want to have the least amount of down time as possible.They will probably open the new store and shut the old store at the same time. Mayor Insalaco commented it is marvelous he came up there and answered all their questions. Mr. Colby Fincham stated Bryant mentioned some kind things about working with our company.He wanted to compliment the Apache Junction staff; planning and economic development, everybody has been very good at keeping us on schedule and meeting every deadline we needed to meet.There has been good teamwork on everyone's part and they appreciate it. Mayor Insalaco opened the public hearing on the item. Mr. Ray Blevins, 730 W. Southern, Apache Junction, addressed the council.He asked what is going to happen to the old Fry's store, if they will be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 7 OF 12 putting someone else in there.It would be nice to get a Sportsmen's Warehouse or something. Mr. Colby Fincham stated it is owned by Fry's, their corporate entity Kroger's, out of Cincinnati.The Cincinnati office handles all the dispositions. They do not like to own vacant property for very long.It is in their best interest to lease it and sell it.They are already working on the re -leasing of that box so that there is no down time there as well. Mayor Insalaco commented that is what makes it nice.It is not leased property.If they lease it they could walk away from it and it could stay empty. Mr. Colby Fincham stated they own the facility so it is in their best interest to sell it or lease it as soon as possible. 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. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT AMENDMENT OR A "RE -PLAT" OF APACHE JUNCTION PLAZA SUBDIVISION AND INCORPORATING SAID FORMER SUBDIVISION PROPERTY INTO A NEW, LARGER, FINAL SUBDIVISION PLAT TO BE NAMED "OLD WEST MARKETPLACE" COMMERCIAL SUBDIVISION, IN CASE SD -2-15, BY WGG PARTNERS LLC, REPRESENTED BY COLBY FINCHAM OF THE BARCLAY GROUP AND S.E.G, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 8 OF 12 None. NEW BUSINESS RESOLUTION NO. 15-35, MEMORANDUM OF SHARED INTENT OF FUTURE SHARED CITY AND TOWN BOUNDARIES BETWEEN THE CITY OF APACHE JUNCTION AND THE TOWN OF QUEEN CREEK briefed the council on the item. City Manager Bryant Powell Vice Mayor Barker commented it is an excellent idea as none of them may be here at the time that road goes through.This documents that the cities discussed it, thought about it and made some decisions on it. Maybe that will help whoever is sitting up here at that time. Councilmember Wilson commented this is showing that the two communities are in communication and are talking about this and looking to the future.It is something they would have liked to see happen in several other communities that have gotten into verbal problems with the city adjacent to them and it has created a lot of hardship and discontent.It has been a major problem.He thinks this is something that will keep them on a good relationship with Queen Creek. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 15-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A "MEMORANDUM OF SHARED INTENT BETWEEN THE TOWN OF QUEEN CREEK AND THE CITY OF APACHE JUNCTION DATED NOVEMBER 18, 2015", BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 9 OF 12 The motion carried. DIRECTION TO STAFF None. 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, DECEMBER 14, 2015, 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, DECEMBER 15, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE Unanimous. The motion carried.. CALL TOTHE:PUBLIC Mr. James:Bberigter, 1054 E. Roosevelt, Apache Junction, addressed the council regarding the -continuing problem with the. property next door and he produced pictures of the junk accumulating there. CouncilMember -Wilson directed staff to update:the council on what isgoing _on, what the city:is doing and:ifHanything additional can be done.He knows that part of the problem is the owner ,of :the property is not in the United States,He would like to see what they can,do to:speed up what:needs to :be done. Mayor Insalaco :commented something needs to be done and it will cost the:city some money to do this-He asked if there is some way for the city to provide the trucks and the:judge his clean- up crew so:they might be able to get somethi ng done.He knows onceA_t_iS cleaned up it will -come right back!again but if they can get the majority of this cleaned up they: might be able to keep:: an eye on it. REGULAR MEETING OF THE CITY COUNCIL . DECEMBER 1, 2015 PAGE -10 OF -12: Vice Mayor Barker -asked if they can go on private property. Councilmember Wilson commented he would be willing to help out. Mayor Insalaco asked the city attorney what could be done since it is on private property but it cannot go on.There are bags of garbage. City Attorney Joel Stern stated this is an item that has not been agendized and he cannot speak on the issue at this time. He does not believe anybody else should or can legally.He understands what they are saying and they have previously given out instructions on this matter.They are following up. City Manager Bryant Powell stated they can direct staff to follow up as this has not been agendized. City Attorney Joel Stern stated it is being dealt with right now. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:38 p.m, Consent Agenda :Items are as follows: 1. Consideration of acceptance of .agenda. 2. Consideration of approval of minutes of regular meeting of November .17, 2015. ACCEPTED THIS 15TH DAY OF DECEMBER, 2015, BY. THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.,, SIGNEDIAND ATTESTED TO: THIS 15TH DAY OF DECEMBER; 2015., HN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE-11,OF 12 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 1st day of December, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of December, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2015 PAGE 12 OF 12