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HomeMy WebLinkAbout2014-06-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 17, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 17, 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 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron 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 Public Works Director Giao Pham City Engineer Emile Schmid Assistant to the City Manager Matt Busby Others Present:Principle Economic Development REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 1 OF 10 Specialist Janine Solley Building Official Dennis Dixon ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BUXTON FOR RETAIL EXPANSION, RECRUITMENT AND VISITOR IMPACT ANALYSIS IN AN AMOUNT NOT TO EXCEED $60,000 FOR YEAR ONE OF A THREE YEAR TERM AND IN AN AMOUNT NOT TO EXCEED $50,000 FOR YEARS TWO AND THREE OF A THREE YEAR TERM; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 14-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous on Item Nos. 1,2 and 4.6-1 on Item No. 3 (Councilmember Serdy voted in opposition.) The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and Councilmember Wilson attended the Superstition Fire and Medical District pancake breakfast at their new regional training center, the old Thunder Mountain Middle School.He encouraged everyone to visit the center. Councilmember Waldron announced this Friday is the annual Central Arizona Governments Regional Meeting in Payson at the Best Western. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 2 OF 10 Councilmember Wilson commented the new facility for Superstition Fire and Medical District is fantastic.He was impressed that they will have smoke -filled rooms to train for search and rescue and cameras being worn during fires and medical calls to assist with training. Vice Mayor Barker thanked the city staff this past week for their efforts to insure water would be available to those in need. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms. Barbara Plante, chair for the Apache Junction Drug Prevention Coalition, gave a presentation on the coalition and presented an award to the police department for a reduction in drug -related crimes for the period of 2008-2012. Mayor Insalaco commented Apache Junction is the only city in the valley that still has D.A.R.E.All the other cities stated it was too expensive to run.This city believes it is too expensive not to run. Ms. Barbara Plante commented Apache Junction is also the first one to have the drug drop off box.There are now 19 in the state. Public Safety Director Tom Kelly thanked them for recognizing the hard work of the police department, but more importantly the city council has always been very supportive of the anti -drug campaign of the police department.Their march is prevention, education and enforcement.This reduction could not have been done without those three prongs. A representative of Resolution Copper gave an update on the Resolution Copper Project. Councilmember Waldron asked the representative a question about the status of the land swap. The representative stated the house bill went to the floor twice in 2013 and was not successfully voted on for two different reasons.Near the end of 2013 they have had more success on the senate side, including support from Senator McCain and other REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 3 OF 10 Arizona members of Congress.In November Senator McCain introduced the bill into subcommittee for a hearing and it is currently in the queue for amendment.They are hopeful it will be the subject of an amendment in the next couple of months. The senate chair of the energy and natural resources committee was in Arizona a few weeks ago and she committed to do everything within her power to move public lands bills ahead. They are hopeful of potential movement on the senate side and hope it will come together with a land package on the senate side which will go back to the house for consideration. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the water distribution program and where the water will be available and how Bryce Milkey came to give his speech tonight. Apache Junction High School Student Body President Bryce Milkey reprised his speech from the 2014 graduation ceremony. Mayor Insalaco commented they have all heard the comment "only in AJ".He had two grandchildren that graduated from the Apache Junction school system.One is a staff sergeant making the Army a career and his granddaughter got a four year scholarship to Arizona State University, interned in San Francisco where the company paid for her master's degree and she is making big money there.Like he said, only in AJ. Vice Mayor Barker thanked Bryce for sharing that speech.She and her husband were at the ceremony as their grandson was graduating.She was impressed with what he said and it is about time someone said it. PUBLIC HEARINGS PROPOSED THIRD AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MEHMOOD MOHIUDDIN, OWNER OF THE HITCHING POST )City Attorney Joel Stern briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 4 OF 10 Mayor Insalaco requested the applicant address the council. Mr. Ralph Pew, 1744 S. Val Vista, Mesa, addressed the council.He stated the reason they are here is the council approved a second amendment in October of last year on this agreement authorizing the bull riding arena.It was thought it would be a simple process, but they have learned it is not so simple.All the amendments that affect the site plan, floor plan of the restaurant, gates, locking mechanisms, signage and protective issues are now enumerated in this amendment.There are also substantive provisions about insurance that cover the city in two respects: general liability and one from the stock provider.It enumerates the specific fencing and who will install it.It describes the methods that must be complied with.All of this must be done before the certificate of occupancy can be issued. Councilmember Wilson commented he appreciated the sound system and lights being addressed and the insurance being added.He commented they have had experiences with the owner where things were not completely followed through on.He asked what reassurance they would have if they vote for this that he will follow through with exactly what has been promised. Mr. Ralph Pew stated the development agreement and its enforcement provisions will be signed by Mehmood and he will be bound by it.Secondly, the certificate of occupancy will not be issued until all of those things are in place correctly.If there is a violation of the provisions during the duration of his operation, under the contract the city has between the city and Mehmood, it would be subject to enforcement.He cannot think of any better way to bind it than that. Councilmember Wilson commented he was driving down Lost Dutchman westbound last weekend.State Route 88 is traveled heavily during the daytime. Someone had parked their truck and big boat trailer adjacent to his facility in an area that blocked the view of someone attempting to go across State Route 88.It should be no parking there.Calling the highway patrol to come out and issue a REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 5 OF 10 citation to this person takes time.If it is busy, there will be an accident there.He asked if they could request Mehmood to put up signage along there that they should not park there, even though it is illegal.If they see someone there, they can enforce it. Mr. Ralph Pew stated he wanted to understand what he is talking about.He is talking about a truck with a large trailer parking near the southeast corner of State Route 88 and Lost Dutchman. Councilmember Wilson commented that is correct.Exactly adjacent to where the fenced in area will be. Mr. Ralph Pew stated when the arena is built and functional there will be no room for parking there.Parking will have to occur southwesterly of that location following State Route 88.It will be impossible to get a truck in there.If he is asking them to put a sign on their private property in certain areas for no parking near that intersection, they can certainly do that.Mr. Stern stated in October we cannot control the state highway and parking there. But on their side they can and they will be happy to work with staff if it is necessary.However, he thinks when he sees the site plan and sees it evolve, no vehicles will be able to park there. 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. Councilmember Waldron commented he hopes this is the last amendment they see on this. He does have a concern as after the last one there were things done that were not part of the agreement.They were back door type things.He hopes his client understands Dennis Dixon will be the person who ultimately decides whether or not this operation is a go.He hopes he works with the building official to get it done correctly. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 6 OF 10 Mr. Ralph Pew stated that is the final sentence in the third amendment of the development agreement.All permits are at the control of the city building official.They thought about that. Councilmember Rizzi commented in her opinion they are trying to work with this requirement and the safety issues.Frankly, she can hardly wait for this thing to get started.She wants to check it out. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker commented before she makes the motion she wanted to thank Mr. Pew and staff for all the work put in trying to get this to the point it is now.She MOVED THAT THE THIRD AMENDMENT TO THE HITCHING POST DEVELOPMENT AGREEMENT FOR A REVISED SITE PLAN, A FENCE INSTALLATION PROVISION AND AN INSURANCE PROVISION SHIFTING CATASTROPHIC RISK EXPOSURE AND OTHER MISCELLANEOUS ITEMS IN ORDER TO PROVIDE FOR BULL RIDING ACTIVITIES BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unaminous. The motion carried. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN )Assistant to the City Manager Matt Busby briefed the council on the item. Vice Mayor Barker commented it is a good plan. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 7 OF 10 Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. 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, JUNE 30, 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, JULY 1, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Tim Sicocan, 593 S. Buena Vista, Gilbert, addressed the council to introduce himself as the new branch executive at the Boys and Girls Club. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 8 OF 10 )Mayor Insalaco adjourned the meeting at 7:53 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of June 3, 2014. 3. Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60,000.00. 4. Consideration of proposed Resolution No. 14-32, authorizing the city to approve amendment no. 2 to the intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway. ACCEPTED THIS 1ST DAY OF JULY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2014. ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO ayor V 1 -7 •-r ---- REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 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 17th day of June, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of June, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 10 OF 10