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HomeMy WebLinkAbout2015-04-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 21, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 21, 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. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present:Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 1 OF 11 Others Present:Senior Planner Rudy Esquivias Officer Justin Griffith K-9 Officer Daimont ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED: AND THAT APPROVAL BE GIVEN FOR THE ON CALL PRIORITIZED SHORT LIST OF CONSULTANTS TO PROVIDE ON CALL LANDSCAPE ARCHITECTURAL SERVICES IN THE FOLLOWING ORDER OF PREFERENCE:J2 ENGINEERING AND ENVIRONMENTAL DESIGN, ENVIRONMENTAL PLANNING GROUP, LLC AND KIMLEY-HORN AND ASSOCIATES, INC.; THAT THE PARKS AND RECREATION DEPARTMENT NEGOTIATE SERVICES FOR ANY LANDSCAPE ARCHITECTURAL RELATED PROJECTS WITH THE CONSULTANTS IN THE ORDER ABOVE FOR THE NEXT YEAR WITH A RENEWAL OPTION FOR FOUR ADDITIONAL YEARS; AND THAT RESOLUTION NO. 15-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY'S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST, BE APPROVED; AND THAT RESOLUTION NO. 15-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING AN INTERFUND BALANCE LOAN IN AN AMOUNT NOT TO EXCEED $10,000,000; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION, AND DECLARING AN EMERGENCY, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN CUTLER REPAVING INC. AND THE CITY OF APACHE JUNCTION FOR PWC2014-01 APACHE TRAIL ROAD IMPROVEMENTS - PHASE 2 IN THE AMOUNT OF $1,949,086.32 PLUS 20% IN THE AMOUNT OF $389,817.39 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $2,338,904.33; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 2 OF 11 AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced the water festival will be held Thursday at the park.They will be teaching fourth graders about water. Councilmember Waldron announced there will be a kickball tournament Thursday evening with the parks and recreation department versus all other city departments. Councilmember Serdy commented he wanted to make a slight retraction.He leveled some criticism against the school district last night about the condition of the Little League fields.They are actually the responsibility of the city so he wanted to retract that and apologize. Councilmember Evans commented last Saturday they had a fantastic Earth Day Celebration with ten thousand ladybugs being released. It was probably the largest event attended yet, especially with the snowbirds gone, so it was all local people. Mayor Insalaco commented he was walking around and stopped at some of the woodworking booths, of which some were fantastic. While looking at one, someone said hello to him addressing him as the mayor.The vendor asked if he was the mayor and proceeded to tell him this was one of the best craft shows he has been at, especially with the way they were treated, and they will be back.He heard that from 3 or 4 vendors from out of the area. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on city attendance at the regional East Valley Partnership Summit and two awards won by police department, one in the K-9 division which was given to Officer Justin Griffith with K-9 Officer Daimont in attendance. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 3 OF 11 RESOLUTION NO. 15-08, APPROVING OR DENYING A CONDITIONAL USE PERMIT TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF LOST DUTCHMAN AND NORTH APACHE TRAIL )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. James Johnson, 2319 North Cortez, Apache Junction, addressed the council.He stated the neighbors did meet and generated a letter with their requests and possible resolutions to it.It was mailed certified to the Hitching Post.He would like it put into the record. Mayor Insalaco commented they have the letter.He called for any other speakers.There being no one else 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 COMMENTED IN ORDER TO HONOR MR. MOHIUDDIN'S REQUEST TO WITHDRAW, I MOVE THAT RESOLUTION NO. 15-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DENYING A CONDITIONAL USE PERMIT, CASE NO. CUP -3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER OF E. LOST DUTCHMAN BOULEVARD AND N. APACHE TRAIL, ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT, INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND ACTIVITIES, BE DENIED. City Clerk Kathleen Connelly stated the motion was for denial. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 4 OF 11 Vice Mayor Barker commented they are denying the conditional use permit. City Clerk Kathleen Connelly stated they are, but they would want to approve the motion for denial. City Attorney Joel Stern stated if they are going to deny it, they are supposed to have a list of reasons why.She may want to amend her motion to add those. Vice Mayor Barker commented they deny it at the first point and accept it at the second. She asked if that is what they are saying. City Clerk Kathleen Connelly stated that is correct.She believes she prefaced her motion by saying in order to honor his request. she did. asked if that is sufficient. she did say that, to withdraw. asked if that is the reason. that works. Vice Mayor Barker commented City Clerk Kathleen Connelly Vice Mayor Barker commented City Attorney Joel Stern Vice Mayor Barker asked if City Attorney Joel Stern stated he wished it was a little more detailed but if that is the only reason.Maybe there are some other reasons as the concerns of the neighbors.He does not know what they would be and he does not want to put words there. Vice Mayor Barker commented she thinks the most prominent reason, at this point, is the man REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 5 OF 11 wants to withdraw it.She thinks that is the number one reason. It is his wish not to have this occur. City Attorney Joel Stern stated that is fine. Councilmember Waldron asked if she was going to amend her motion for approving her denial. MOTION TO APPROVING THE DENIAL. second. THE MOTION. Vice Mayor Barker AMENDED HER Mayor Insalaco called for a Councilmember Evans SECONDED City Clerk Kathleen Connelly stated if they vote yes, they are approving the denial. Mayor Insalaco commented they are to vote yes to deny it. Vice Mayor Barker commented they have to vote yes to approve the denial. VOTE:Unanimous. (Councilmember Rizzi commented during the vote that she feels it is a shame that they could not work it out, but because the owner of the restaurant chose to do so we will go along with it.) (Councilmember Serdy commented during the vote that he wants to see this project happen in the future, too, but since that is the direction we are going, he will honor their wishes.) The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 6 OF 11 NEW BUSINESS None. DIRECTION TO STAFF DATES, TIMES AND LOCATIONS FOR JOINT MEETINGS WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT BOARD )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Wilson asked if the proposed budget they are currently working on includes the utilities at the swimming pool, skate park and the Superstition Mountain Elementary School ball fields. Assistant City Manager Bryant Powell stated that is correct.The proposed budget staff is working on, the line item budget that will be delivered to the council next week, does include those dollars in the amount of about $150,000. Councilmember Wilson asked if they plan to do the tentative budget agreement on May 14. Assistant City Manager Bryant Powell stated he believes it is May 18. City Clerk Kathleen Connelly stated that is actually the next item. Assistant City Manager Bryant Powell stated the next item is for discussion for the work session on May 4 and May 18 for tentative budget adoption.It would be May 18 for their review of what they call the tentative budget. Mayor Insalaco closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 7 OF 11 Councilmember Waldron asked if they wanted to pick some times for the May 9 and May 30 dates. Vice Mayor Barker commented they could do the 9:00 to noon times there, too. Assistant City Manager Bryant Powell stated he wanted to clarify that they actually have $100,000 in the budget for the utility costs now. Vice Mayor Barker asked if they wanted to continue with the May 30 date since he was asking about the tentative budget date of May 18. Councilmember Wilson commented he does. Councilmember Waldron COMMENTED HE BELIEVES IT IS IN THE BEST INTERESTS OF THE COMMUNITY, PARTICULARLY OUR CHILDREN AND STUDENTS, THAT WE MEET WITH OUR PARTNERS IN THIS EFFORT, THE MEMBERS OF THE APACHE JUNCTION UNIFIED SCHOOL BOARD, TO DISCUSS AREAS OF MUTUAL INTEREST.THEREFORE, I MOVE THAT WE DIRECT STAFF AND LEGAL COUNSEL IN COOPERATION WITH THE MEMBERS OF THE SCHOOL BOARD TO SET UP A JOINT PUBLIC MEETING TO DISCUSS ISSUES SUCH AS USE OF DISTRICT FACILTIES, SHARED USE OF JOINTLY DEVELOPED FACILITIES AND JOINT PROGRAMS AND PARTNERED ACTIVITIES.WE WILL MAKE THE CITY COUNCIL CHAMBERS AVAILABLE FOR THIS MEETING AND SUGGEST THESE POSSIBLE DATES AND TIMES:SATURDAY, MAY 2, 9:00 A.M. TO NOON; SATURDAY, MAY 9, 9:00 A.M. TO NOON; SATURDAY, MAY 16, 1:00 P.M. TO 4:00 P.M.; SATURDAY, MAY 30, 9:00 A.M. TO NOON. I FURTHER MOVE THAT CITY STAFF SCHEDULE THE MEETING ONCE THE DATE AND TIME ARE CHOSEN AND PREPARE THE NOTICE AND AGENDA IN COMPLIANCE WITH THE ARIZONA OPEN MEETING LAW.IF NO DATE IS CHOSEN BY THE SCHOOL BOARD, CITY STAFF SHOULD PLACE AN ITEM ON THE NEXT CITY COUNCIL MEETING AGENDA TO SELECT A DATE TO SCHEDULE A JOINT MEETING WITH MEMBERS OF THE SCHOOL BOARD. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 8 OF 11 VOTE:Unanimous. (Councilmember Wilson commented during the vote he wanted everyone to understand that these are our suggested dates and times and if the school board wants to do some others we are more than willing to work that out.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATES AND TIMES FOR FISCAL YEAR 2015-2016 BUDGET WORK SESSION(S), TENTATIVE BUDGET ADOPTION AND FINAL BUDGET ADOPTION ) )Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco commented May 4 would be at 7:00 p.m.He called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DATES, TIMES AND LOCATIONS FOR FISCAL YEAR 2015- 2016 BUDGET WORK SESSION(S),'TENTATIVE BUDGET ADOPTION AND FINAL BUDGET ADOPTION BE APPROVED:BUDGET WORK SESSION ON MONDAY, MAY 4, 2015 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS; TENTATIVE BUDGET ADOPTION ON MONDAY, MAY 18, 2015 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS; AND FINAL BUDGET ADOPTION ON MONDAY, JUNE 15, 2015 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the next set of meetings. Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 9 OF 11 P.M. BE HELD ON MONDAY, MAY 4, 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, MAY 5, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Mike Weaver, 5033 S. Vista Quest Court, Gold Canyon, a member of the school board, addressed the council regarding the recreational opportunities for the children and the upcoming joint meeting with the school board. Mr. Clark Smithson, 1700 S. Weaver, Apache Junction, addressed the council regarding the great kids in Apache Junction and thanked the council and city for the support of the Mountain Health and Wellness event last weekend. ADJOURNMENT ) )Mayor Insalaco adjourned the meeting at 7:30 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 7, 2015. 3. Consideration and action of on call landscape architectural consulting services. 4. Consideration of Resolution No. 15-12, renewing the city's membership with the Arizona Metropolitan Trust, provider of medical and dental benefits for city employees, which expires on June 30, 2015. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 10 OF 11 5. Consideration of Resolution No. 15-11, approving and authorizing an interfund balance loan in an amount not to exceed $10,000,000.00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by the resolution, and declaring an emergency. 6. Consideration of a proposed contract with Cutler Repaving, Inc. for PWC2014-01 Apache Trail Road improvements - Phase 2 in an amount not to exceed $1,949.086.94. ACCEPTED THIS 5TH DAY OF MAY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF MAY, 2015. ATTEST: _.APLL/ ELLYKATHLEEN 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 21st day of April, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of April, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 11 OF 11