City Council Meeting

Meeting location: City of Apache Junction, Arizona City Council Chambers at City Hall Meeting Minutes 300 E Superstition Blvd Apache Junction, AZ City Council Meeting 85119 www.ajcity.net Ph: (480) 982-8002 Tuesday, March 4, 2014 7:00 PM City Council Chambers This document may not reflect the most current legislation adopted by the City of Apache Junction and is for convenience and informational use only. For further information on the official version of council meeting minutes please contact the Apache Junction City Clerk’s office at (480) 982-8002. A. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Wilson gave the Invocation. Councilmember Serdy led the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connell City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present: Interim Community Relations Manager Constance Halonen Senior Planner Rudy Esquivias D. CONSENT AGENDA Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes March 4, 2014 Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 1. 14-115 Acceptance of agenda. Consideration and action. 2. 14-116 Approval of minutes of regular meeting of February 18, 2014. Consideration and action. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 14-108 Presentation and award of check by VFW Post 9399 to Mayor Insalaco and Councilmember Waldron for Paws and Claws Care Center. Presentation. Commander Gordon of VFW Post 9399 presented a check in the amount of $500 to Mayor Insalaco and Councilmember Waldron for the Paws and Claws Care Center. 4. 14-43 Formal presentation by mayor of certificates of graduation to the graduates of the 16th Citizen Leadership Institute. Presentation. Interim Community Relations Manager Constance Halonen briefed the council on the graduates of the 16th Citizen Leadership Institute and Mayor Insalaco presented certificates of graduation to the thirteen graduates. F. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker announced the library had two authors several weeks ago and it was absolutely packed for these people. Library staff had to make due with equipment as a lot was being used for Lost Dutchman Days. Vice Mayor Barker announced Councilmembers Wilson and Waldron and she attended the police awards banquet on Friday night. She was amazed at all of the wonderful things they did. Vice Mayor Barker announced she attended the Central Arizona College Luncheon for Exemplary Women this afternoon. They gave out awards to about 20 to 25 women, including young students, staff, people who worked in the bookstore and secretaries. These people are looking to the future. Councilmember Wilson commented it was wonderful to see the different activities and the celebration of their participation and dedication to the community at the police awards. Councilmember Wilson commented Lost Dutchman Days was very well attended and they had the best weather going. There was rain, snow flurries and sleet last year. He thanked the community, parks and recreation and the Superstition Mountain Promotional Corporation for all their hard work. Councilmember Waldron commented Dolce Vita donated the use of their banquet hall for the police awards and Chipotle donated the food. He appreciated their donation. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes March 4, 2014 Vice Mayor Barker commented the library recently honored all their volunteers last week. She believes the city would be in big trouble if it did not have all of these volunteers. G. CITY MANAGER'S REPORT 5. 14-47 City manager's report. Presentation. None. H. PUBLIC HEARINGS 6. 14-119 Application for a special event liquor license for the Boys and Girls Club of the East Valley - Apache Junction Branch, for a fundraising event on April 12, 2014 at Dolce Vita Community Center, 3301 S. Goldfield. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action. Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Sandie Smith, one of the tri-chairmen for the event, addressed the council. They are excited to present their Yesteryear event on April 12. She hopes to see a lot of them there. She added they also did the gate for the Lost Dutchman Days and rodeo and she believes it was a record crowd. The city should be proud of the event. Mayor Insalaco commented the weather had a lot to do with it. Ms. Sandie Smith agreed. She stated they were freezing last year and this year it was wonderful. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened it to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY – APACHE JUNCTION BRANCH. FOR A FUNDRAISING EVENT ON APRIL 12, 2014, SUBMITTED BY MARK CLAVELL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes March 4, 2014 7. 14-120 Consideration and action on proposed case PZ-1-14, an application by Walter Quanstrom, represented by Scott Olivier, requesting an appeal of the city's Landscape Code, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 6 Landscaping, Section 6-1-7 Appeal to City Council. Consideration and action. Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Barker commented she was not here for the work session and had some questions. She asked if the drawing on the map is what he intends to put on the property. Senior Planner Rudy Esquivias stated it is a very conceptual representation. It does not show compliance with the landscaping code. Vice Mayor Barker commented she meant the building. Senior Planner Rudy Esquivias stated as far as he knows that is what they are building. Vice Mayor Barker commented this is for personal reasons. It is obviously some kind of a shop. Senior Planner Rudy Esquivias stated when he spoke to the owner a few months ago he stated it would be used for personal purposes. He told him it was zoned industrial and he could turn around and sell it since it is going to be used for a building. He is not sure what he wants to do in the building, but no matter what he does they want to make sure he complies with the commercial design guidelines and our other codes and ordinances for improving industrial zone property. Whether he is going to use it to play in, put his stuff in or sell it to a business later, it still has to comply with the guidelines. Vice Mayor Barker commented it looks like it is going to be an auto repair shop. She drove by there today and there are two or three, nice, little shops on the east side of Coconino with nice facades on them and nice open areas. On the west side there are a couple of the same with open areas and then suddenly we have this wall. She thinks it looks terrible. The whole one side, the east side, of the block looks great. The west side has a couple of places, but at least they have open fencing and the other one that is right up against the street. It has open fencing instead of a block wall. It looks pretty bad. Senior Planner Rudy Esquivias stated in their staff report they mentioned this subdivision was rezoned, some may remember Al Belluchi from back in the 90’s, at the request of the property owners. They wanted to make sure it would be nicer and more attractive businesses moving into the neighborhood. The lots are very narrow in this neighborhood, being 25’ wide lots. They have to put together at least two or three to make a viable site. Over the years the council has required new developments to go in with at least some landscaping. They have had a couple of landscape appeals and a couple of planned development amendments. Most of the newer properties, those post 1996, have been developed with at least some landscaping. Some of the buildings were already there. The question is are the tradeoffs proposed in this case to the council’s satisfaction. That is a council decision. Vice Mayor Barker commented it appears to her they would like to upgrade the appearance of that City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes March 4, 2014 area. Having a wall there does not upgrade the appearance at all. In fact, it takes away from it. As one is going south towards Southern on Coconino one sees these nice little places on both sides and then there is a wall. It certainly does not enhance the area in any way, shape or form. Councilmember Rizzi asked if the previous owner came to the city. She wanted to know how the wall got there to begin with. Senior Planner Rudy Esquivias stated this property was zoned by a gentleman who owns several properties around town. He was always in some kind of code enforcement situation. At one point in time he was storing landscape materials and trailers on the property. Code enforcement addressed it with him. In his attempt to try to mitigate code enforcement complaints he put up the wall. A wall less than 6’ in height does not require a permit. It was put up to try to screen some of the stuff he was doing on there without a business license. Eventually he ended up selling or losing the property. Councilmember Rizzi commented that completes the picture of what was going on with the property. Vice Mayor Barker asked how tall the wall is. Senior Planner Rudy Esquivias stated it is just a little over six feet. Vice Mayor Barker commented it really should have gone through the process. Senior Planner Rudy Esquivias stated that is correct but he did not. Councilmember Wilson commented he went down there and noticed a lot of chain link fences. There is a fence right beside the property. He may own it as well. It is a steel fence right up against the entire area of the street as well. He thinks the block wall looks better than some of the chain link fence that is older and further up. They are not very well kept. He could see working with him on some of the landscape requirements they are going to try to get him to do on the inside as well as the couple of places up there that have that narrow strip by the road and they have done some landscaping. He believes they have a couple of cactus in it and things along that line. He was thinking they could do the same requirement there along that entire strip other than just where the gate is. That would be acceptable to him. Councilmember Evans commented she would prefer it to have the block wall since it is in an industrial area. So much of the industrial is open space requirements and it looks more attractive in the long run rather than seeing the items sitting outside the building itself. The chain link, even though it is industrial, they can see everything sitting around there, whether neatly done or not. The block wall does help that type of zoning. It will look nicer longer. Vice Mayor Barker commented the problem is they would have some consistency there were the entire block wall fence in the front. There is no consistency. She asked what kind of consistency they are looking for: all block walls down there, something to hide whatever equipment they have or what. It looks very random and that is kind of a shame. The ones on the east side look kind of pretty. They really are. They do not look industrial the way the word brings that look to your mind. They look like businesses and that is it. Whatever storage they are doing is stored behind their building. She does not like it. Councilmember Evans commented she understood that. She agreed that consistency always looks nicer and cleaner. However, the block wall is more secure. Vice Mayor Barker commented this is a personal space. He is not doing anything here. City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes March 4, 2014 Councilmember Rizzi commented he is not actually the one who installed this wall. She understands buyer beware but she would hate to punish someone for taking on the mess that someone else created. She understands the consistency as well. She is more inclined to leave that and do the trade off with landscape screening. Councilmember Serdy commented they run into random walls all over, such as at Salt River Project transformer station or cell towers. They are stuccoed and blend in. Walls can be blended. A stark wall is not attractive. Mayor Insalaco requested the applicant address the council. Mr. Scott Olivier, 8854 W. Hayward Avenue, Glendale, addressed the council. The owner will be using it for a personal place but he is building it for either resale or for his kids to start a business. That is his goal, whether they pick up on it or not. It will be really nice. It is not going to be a mechanic’s shop. There will be epoxy floors finished off. It will be high end and meant for a business. It is not the money it will cost to move the block wall 15’ back. His main concern is there are a lot of kids that walk through that area every morning to get to the bus stop and to wait. If he puts the 15’ there, it will create a little cubby there where he believes the kids may hang out and possibly vandalize. He does not create a place for them. Right now they walk through and continue walking. There is no trouble and they go right on through. He showed them an artist’s rendering of what they have talked about. They would like to add some nice trees along the back and put some landscaping up front as Rudy had suggested to dress up the area. He owns the property to the north and if anyone has looked at that you can see he has really nice landscaping. He has the barred fence. Vice Mayor Barker commented she liked that fence. Mr. Scott Olivier stated he thinks that in conjunction with the barbed wire fence across the street and north of them, and there is also one with a block wall with razor wire on top of it, he believes his property is probably one of the ones that stands out. He does not think he will detract from that. They do want to make it nice. They will improve the area. They are only required to do 75% high of stucco on the building. There are a few buildings in the area with 75% stucco. They are going to stucco the building top to bottom, plus stucco the building on the lot north of this one. He will dress up two properties instead of just the one. Vice Mayor Barker commented the wall does not look stuccoed in the picture. She asked if he was planning on doing that. Mr. Scott Olivier stated he believes the wall is already stuccoed. Vice Mayor Barker commented she came through at dusk. She could not see for sure. Mr. Scott Olivier stated it is already stuccoed. He added they will fix the crack. Councilmember Waldron thanked him. There was general discussion between Mr. Scott Olivier and Vice Mayor Barker as to what area she was talking about and which properties belonged to the applicant. Mr. Scott Olivier stated he only found one property in the area that met the 15’ setback and the wall. He showed them the Eagles property that has an old chain link fence and is across the street. The next property has a new chain link fence with razor wire on top sticking to the outside. It looks like a prison. Vice Mayor Barker asked if there is a lot of vandalism there. City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes March 4, 2014 Mr. Scott Olivier stated he is not trying to portray that everybody on the street has horrible-looking fences. Those with block walls have razor wire across the top. He thinks with what they plan on doing, the block wall, the stucco, the landscaping and stuccoing the other building, he will be putting a substantial amount of money into the property to make it nice. He does plan on using this for a business eventually. Vice Mayor Barker commented he has talked her into it and he can stop now. He did a great job and answered all her questions beautifully. He showed her what she missed and did a wonderful job. She appreciated it and thanked him. Mr. Scott Olivier stated he wanted to show them one more property about a block north. Vice Mayor Barker commented that is water district property. Mr. Scott Olivier stated it is your property. Councilmember Rizzi commented she thought the pictures told the story. Vice Mayor Barker commented they do. Councilmember Waldron asked him to go back to the artist rendering. He asked if they are planning on putting a sidewalk in. Mr. Scott Olivier stated the trick will be the space. They have 5’ to 6’ there. He does not think bougainvillea will be a good choice. He thinks they can come up with something else. Mayor Insalaco commented cactus will take less water and not be as messy. Mr. Scott Olivier stated the owner had suggested some totem pole cactus; something that would not get somebody walking by. They might have to work with them a bit on the width of the sidewalk. They could do a 3’ to 4’ sidewalk with 1’ to 2’ of landscape alongside. Councilmember Waldron commented that would work. Mayor Insalaco agreed. He then opened the public hearing on the item. Mr. Walter Quanstrom addressed the council. He thanked them for considering it. He thinks if they look at this his property is much better than it was. It used to have a broken down fence. He has no present view of making a business of it as he is 71 years old, but he will build it in such a way that it could be a very nice business one day. He is doing it as an investment. He believes in the community. Eventually it will be worth more than he is putting into it. Someday he will either do that or give it to his church as they might need it. 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. City Clerk Kathleen Connelly asked if they need to include the six conditions that are in Rudy’s memo. Senior Planner Rudy Esquivias stated if they choose to, or they can be altered as they see fit. They do not necessarily have to be bougainvillea. They can be something similar if they want to include that condition. For the purpose of transmitting to the applicant what the decision is, he recommended they throw in some conditions. City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes March 4, 2014 Vice Mayor Barker MOVED THAT THE APPEAL OF THE CITY’S LANDSCAPING CODE ON CASE PZ-1-14, AN APPLICATION BY WALTER QUANSTROM, BE APPROVED WITH THE FOLLOWING RECOMMENDATIONS: ONE THROUGH SIX AS NOTED IN THE PACKET THAT WE HAVE BEFORE US AND THAT THE CHOICE OF PLANTS OUTSIDE THE WALL BE LEFT UP TO THE FOLKS THAT ARE DOING IT IN ORDER TO FIT A SIDEWALK OR SOMETHING SIMILAR IN THAT AREA. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 8. 14-117 Consideration and action on proposed Ordinance No. 1397, case PZ-7-13, a request by the Hartley Residual and Sweeney Revocable Trusts, represented by Betty Sweeney, to rezone a 0.71-acre property located at 710 N. Ironwood Drive, from Local Business Zone (CB-1) and Multiple-family Residence Zone (CR-5) to General Commercial District (C-3). Consideration and action. Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented if he keeps this as nice as he keeps the other business he has no problem with it. It is a very clean operation he has. He then requested the applicant address the council. Mr. Randy Craven addressed the council. There were no questions from the council. Ms. Betty Sweeney stated they are trying to get it rezoned so Randy can get his business up and going. They have worked with Rudy and Brad to comply with all the regulations. 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. Councilmember Waldron MOVED THAT ORDINANCE NO. 1397 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1397, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. City of Apache Junction, Arizona Page 8 City Council Meeting Meeting Minutes March 4, 2014 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 9. 14-118 Consideration and action on proposed Resolution No. 14-07, case SD-2-13, a request by Robb Tyler of Acer Homes LLC, for approval of the final subdivision plat for the Bel Agave Subdivision, located at the southest corner of E. 16th Avenue and S. Tomahawk Road. Consideration and action. Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Robb Tyler, Acer Homes, 8331 E. Buena Terra Way, Scottsdale, addressed the council. He thought Rudy covered it perfectly and thanked them for their efforts and communications. He thanked the great effort put forth by staff which helped them come forward with a really good product. Mayor Insalaco commented he was glad they enlarged the lots a little bit. It is making it easier to swallow. Councilmember Waldron commented the cul-de-sacs are also gone and the traffic will flow better. He thinks it is a good job. Councilmember Evans thanked him for listening to the council. A lot of times it is hard to get the point across on why. She likes this as a family subdivision and she hopes it does not go to a 55+ subdivision. The city is top-heavy with 55+ communities. They only have two townhomes in the entire community for sale. They have lots of single family homes on 3,000 sq.ft. lots but none on bigger lots. They need some diversity. She liked what they originally did here, also. Mayor Insalaco agreed. He is over that age but they need the city to progress and they need the children. They need the homes. 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. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR “BEL AGAVE SUBDIVISION”, IN CASE SD-2-13, BY ACER HOMES LLC, REPRESENTED BY ROBB TYLER, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. City of Apache Junction, Arizona Page 9 City Council Meeting Meeting Minutes March 4, 2014 The motion carried. 10. 14-114 Proposed Resolution No. 14-06, approval and adoption of the development fee study entitled "Land Use Assumptions, Infrastructure Improvements Plan and Development Fees". Consideration and action. Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Development Services Director Brad Steinke briefed the council on the item. 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 Barker MOVED THAT RESOLUTION NO. 14-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE DEVELOPMENT FEE STUDY: LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN AND DEVELOPMENT FEES, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. I. OLD BUSINESS None. J. NEW BUSINESS None. K. COUNCIL DIRECTION TO STAFF None. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 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, MARCH 17, 2014, 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, MARCH 18, 2014, IN THE City of Apache Junction, Arizona Page 10 City Council Meeting Meeting Minutes March 4, 2014 CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 11. 14-59 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, March 17, 2014. 12. 14-60 Executive Session at 5:45 P.M. for Tuesday, March 18, 2014. Other meetings if necessary. M. CALL TO PUBLIC Ms. Karen Chaney, 2141 N. Ironwood, Apache Junction, addressed the council regarding addressing the homeless situation in the city and her wish to work with the city on it. Vice Mayor Barker directed the city manager to direct the chief of police to meet with Ms. Chaney and see what kind of resolution can be brought about. N. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8:05 p.m. City of Apache Junction, Arizona Page 11