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HomeMy WebLinkAbout2014-02-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 4, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 4, 2014, 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 7:10 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy 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:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby Others Present:Presiding Magistrate James Hazel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 14-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS, BE APPROVED; AND THAT RAYMOND GEISER BE APPOINTED AS MAGISTRATE PRO-TEM FOR A TERM ENDING DECEMBER 31, 2015, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN CORE CONSTRUCTION, INC., AND THE CITY OF APACHE JUNCTION FOR RENOVATIONS TO THE APACHE JUNCTION POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $818,375; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL OF FINAL FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PR -14-02, MOBILE STAGE , BE AWARDED TO CENTURY INDUSTRIES FOR A FULLY EQUIPPED, 32' MOBILE STAGE IN AN AMOUNT NOT TO EXCEED $158,154; AND THAT THE AWARD OF BID FOR PR -14-01, PROSPECTOR PARK SPORT COURT AND AMERICAN DISABILITIES ACT IMPROVEMENTS BE AWARDED TO VALWEST CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $305,658.93. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 2 OF 10 Councilmember Wilson reminded everyone of Lost Dutchman Days on February 20-23.Discounted tickets are available at the chamber. Councilmember Wilson announced the Arizona Driving Team Competition will be at the rodeo grounds this Saturday. Councilmember Wilson announced the Lost Dutchman Marathon will be here on February 16 with runners from all over the world. Councilmember Rizzi congratulated the students at Four Peaks Elementary for collecting over 4,500 food items in two weeks to benefit Project Help and the food bank. Councilmember Waldron read a note from the Arizona League of Cities and Towns recognizing City Manager George Hoffman for his dedication to the city and its residents, his high ethical standards and vision for the future. Councilmember Evans reminded everyone there will be a second farmers' market on February 15 at Earth Heart Park at Superstition and Plaza.It will start at 8:00 a.m. and run until 2:00 p.m. Councilmember Serdy commented the Renaissance Festival starts this weekend and runs through April. Councilmember Serdy announced the DeGrazia exhibit is still running for a couple more months at Superstition Mountain Museum. Councilmember Serdy commented he had an Arizona Tourism Advisory Council meeting today and he used the opportunity to talk about HURF funds.The big urban centers did not get it, but the small cities and towns began nodding their heads.He encouraged everyone to send a message to the legislature. CITY_MANAGER'S REPORT City Manager George Hoffman thanked the council for passing the resolution tonight, commented on the HURF funds taken from the city in the past and the parks and recreation department being on the cover of the spring publication of Arizona Parks and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 3 OF 10 Recreation Association and a corresponding article by Larry Binion.He commented he talked to the attendees of the Citizens Leadership Institute last Thursday and discussed roads with them. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART #1 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Girish Thakkar, Gilbert, one of the applicants, addressed the council.He was there to answer any questions. Councilmember Waldron commented he knows they have been doing some remodeling.He asked if they have a proposed opening date. Mr. Girish Thakkar stated the opening date is dependent on all the permits and licenses.They have to go through a lot of environmental stuff to get the gasoline station up and running since it was closed for more than two years.They have to redo the whole process.They are hoping within the next 60 days, but it depends on the permits and licenses. Mayor Insalaco commented he is glad to see the eyesore will be gone and they will be doing something with it.He then 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 stated they can disregard the last two -and -one-half lines of the sample motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 4 OF 10 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART #1, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR DATE TREE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Andrea Lewkowitz, attorney and agent for the applicant, addressed the council. They have been made aware of the violation but she understands that no citation has been issued.Notice has been given to the applicant to remove the sign.Arrangements have been made with the beer distributor, Helmsley and Company, the one who provided the sign.It is her understanding that the notice required the sign to be down by February 16.They have every intention of getting it down right away and affirmed that will happen.She asked to continue this hearing to the next regularly scheduled meeting if there is going to be a recommendation of disapproval pending the removal of the sign.Then they can come back and say it is done. City Attorney Joel Stern stated he does not know when the city clerk received the request.There is a certain amount of time the council has to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 5 OF 10 act on it.He thinks they are still well within that if she continues it to the next meeting, which would be February 18. If they have it down by then and that is the only issue the council has with this license, then it would be for approval. It would have to be taken down or painted over, whatever the development services department allows and would want. Mayor Insalaco asked if that was satisfactory. Ms. Andrea Lewkowitz stated it was. Councilmember Waldron asked why she would prefer to do that as opposed to the council making a conditional motion. Ms. Andrea Lewkowitz stated as long as they can follow up the motion to the state liquor department that specifically says the recommendation has been straightforward.She does not want to have this questioned so that it gets set for a hearing before the state liquor board and then have to ask the city attorney or someone else to clarify at another hearing.If it can be very clear that it is a recommendation for approval subject to removal of the sign, then that is great. Vice Mayor Barker commented she sees no problem with continuing it. City Attorney Joel Stern stated if they continue it then they know that the sign has come down.They would then not have to deal with the zoning issue. He asked her if they wanted the liquor license. Ms. Andrea Lewkowitz stated absolutely.The owner is here with her tonight and specifically confirmed that it will be done.They should have it down by the end of the week.If it takes longer than that, it is because they are scheduling it with Helmsley. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 6 OF 10 Vice Mayor Barker commented it seems that if they continue it, then if it is not down on February 18, it is a no vote. Ms. Andrea Lewkowitz apologized for not having in front of her the original filing. The town must submit a recommendation within 60 days.However, the applicant can waive that time and they would be willing to do that. City Clerk Kathleen Connelly stated we are fine.We originally sent them a letter dated January 14. 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 WE CONTINUE THIS ITEM TO FEBRUARY 18. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 7 OF 10 Vice Mayor Barker announced there will be no executive session or work session on Monday, February 17, 2014 due to the observation of Presidents Day.She MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, FEBRUARY 18, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. There was general discussion on why the motion contained a work session on a regular meeting night. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding his being threatened by the owner of a tow company whose business is just up the street and alleged the police department is doing nothing about it. Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding the towing contract from two years ago and asked them to audit the billing and check for complaints. There was general discussion between Councilmember Rizzi and the city attorney over what actions could be taken during this part of the meeting. Vice Mayor Barker directed whatever staff is appropriate to see about some mediation for Mr. Barin. Mayor Insalaco commented he would like to know about the threats that are going around. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:33 p.m. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 8 OF 10 Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 21, 2014. 3. Consideration of Resolution No. 14-05, expressing support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. 4. Consideration of appointment of Raymond Geiser as magistrate pro -tern for a term ending December 31, 2015. 5. Consideration of award of contract to Core Construction, Inc. for renovations to the Apache Junction Police Department in an amount not to exceed $818,375.00. 6. Consideration of award of bid to Century Industries for a fully equipped, 32' mobile stage in an amount not to exceed $158,154.00. ACCEPTED THIS 18TH DAY OF FEBRUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF FEBRUARY, 2014. /17OHN S. fNALAco Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 9 OF 10 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 February, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of February, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 10 OF 10