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HomeMy WebLinkAbout2013-05-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 7, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 7, 2013, 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 Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans 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 Interim Public Safety Director/Deputy Chief Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 1 OF 12 Others Present:Revenue Resources Manager Roger Hacker Senior Project Engineer Emile Schmid ACCEPTANCE OF CONSENT AGENDA Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN SUNLAND ASPHALT AND THE CITY OF APACHE JUNCTION FOR STREET DRAINAGE IMPROVEMENTS WITHIN THE SUPERSTITION VILLA SUBDIVISION THROUGH TCPN COOPERATIVE CONTRACT #R5255 IN THE AMOUNT OF $296,685.44 WITH 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29,668.54 FOR A TOTAL AMOUNT NOT TO EXCEED $326,353.98; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2010-22B, NORTH APACHE TRAIL IMPROVEMENTS PHASE 2, BE AWARDED TO NESBITT CONTRACTING CO., INC. IN THE AMOUNT OF $585,162.15 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29,258.11 FOR A TOTAL AMOUNT NOT TO EXCEED $614,420.96; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2012-06, OLD WEST HIGHWAY SIDEWALK IMPROVEMENTS, BE AWARDED TO VISUS INC. IN THE AMOUNT OF $105,000.00 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $5,250.00 FOR A TOTAL AMOUNT NOT TO EXCEED $110,250.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN J. BANICKI CONSTRUCTION, INC. AND THE CITY OF APACHE JUNCTION FOR STREET AND DRAINAGE IMPROVEMENTS FOR GRAND DRIVE, OCOTILLO DRIVE AND MAIN DRIVE BOUNDED BY BROADWAY AVENUE AND APACHE TRAIL THROUGH CITY OF PEORIA COOPERATIVE CONTRACT #ACON42011 IN THE AMOUNT OF $619,660.01 PLUS 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $61,966.00 FOR A TOTAL AMOUNT NOT TO EXCEED $681,626.01; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 2 OF 12 THAT RESOLUTION NO. 13-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2012-2013 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE PASS THROUGH AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE DEMOLITION AGREEMENT BETWEEN THE AJ TOWN CENTRE LIQUIDATION TRUST AND THE CITY OF APACHE JUNCTION FOR THE DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 247 EAST JUNCTION STREET; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 13-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY, BE APPROVED; AND THAT RESOLUTION NO. 13-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION FIRE DISTRICT FOR JOINT SERVICES, MATERIALS, AND EQUIPMENT, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 19 through May 25 as National Public Works Week and presented it to Engineering Administrative Assistant Kathryn Broehm. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced last Saturday American Legion Post 27 hosted the Americanism Dinner where they named the REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 3 OF 12 outstanding police officer, firefighter and teacher of the year and introduced the high school students going to Boys State. The mayor emceed it and it was nice to see these people recognized. Councilmember Waldron announced Habitat for Humanity rehabilitated a home on Friar that involved all the neighbors, rehabbing the house for half the cost of a new house.They presented another plaque to the city for its participation. Councilmember Evans announced the past weekend they had a lot of events on Saturday.The Mountain Health and Wellness event was triple the size of last year with various activities. Councilmember Waldron announced that Earth Heart Park hosted the National Day of Prayer on last Thursday.It was very well attended. Councilmember Evans announced on May 11 at Prospector Park a joint effort between parks and recreation, Friends of Apache Junction and the Mesa Hohokams will bring the Chicago Cubs out to meet the little league players. CITY MANAGER'S REPORT City Manager George Hoffman commented on the work done by the public works department, a plaque presented to the city by Apache Junction Townhomes, read comments from Recreation Superintendent Liz Langenbach on April Pools Day and read a letter received from an attendee of the event. Apache Junction Fire District Chief Bourgeois commented on April Pools day and the warm weather ahead, then introduced Apache Junction Fire District Public Education Coordinator Tina Gerola who gave a presentation on National Drowning Prevention Month, including a short video produced by the district. Vice Mayor Dietz asked if the video could be put on the city website. City Manager George Hoffman stated it is on the website. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 4 OF 12 Assistant to the City Manager Matt Busby gave a brief update on current legislation issues that impact the city. Councilmember Serdy asked if he could follow some federal legislation that might be affecting us also.The senate just approved the internet sales, which still has to pass a couple of other things.He believes it is for businesses that do more than a million dollars of business.If one of our citizens would buy something from one of these major companies, the city would then get checks coming in. City Clerk Kathleen Connelly stated there are occasions now when we get checks for those purposes and we have to return them. Vice Mayor Dietz asked why we have to return them. City Clerk Kathleen Connelly stated because we do not have the legal ability to collect those taxes. City Attorney Joel Stern stated it is not a legal tax yet. City Clerk Kathleen Connelly stated the tax does not exist yet. Assistant to the City Manager Matt Busby stated it passed the senate on Monday.It is called the Marketplace Fairness Act. It now goes through the house but there is no guarantee it will pass in the house.That is the current status as he knows it, but he can include it in the future. PUBLIC HEARINGS APPLICATION FOR AN AGENT CHANGE- ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Debra Snow-Squadere, 713 N. 106th Street, Mesa, addressed the council. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 5 OF 12 Councilmember Serdy asked if she had brought any menus. Ms. Debra Snow-Squadere stated she came to tell them the menu in person as it is rather lengthy. Councilmember Serdy asked if she has something new coming. Ms. Debra Snow-Squadere stated they have a Serdy special.It is a pizza with extra mushrooms.They have a rib special on Saturday nights for the summer.And they have ravioli. 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 Dietz MOVED THAT THE APPLICATION FOR AN AGENT CHANGE -ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS, SUBMITTED BY DEBRA JEAN SNOW-SQUADERE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 13-01, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 6 OF 12 STREET AS DESCRIBED IN EXTINGUISHMENT CASE 13-01 ARE NO LONGER NECESSARY FOR PUBLIC USE Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco asked how big the parcel is. Senior Project Engineer Emile Schmid stated he believes each parcel is about 5 acres so the entire area is about 15 acres. Councilmember Barker asked him to go back to the map. Vice Mayor Dietz asked what part of the yellow is on Roundup.He commented the yellow is what is being extinguished. Senior Project Engineer Emile Schmid stated that is correct.The south side of Roundup is already a dedicated right-of-way, as is the east side of Main. Councilmember Barker asked what the red is. Senior Project Engineer Emile Schmid stated the red are existing federal patent easements that still remain in place. Vice Mayor Dietz commented he had mentioned on the next slide that Roundup was also in there. He then corrected himself when he realized it was saying from Siesta Street to Roundup. Senior Project Engineer Emile Schmid stated it is Saguaro Street from Siesta Street to Roundup. Vice Mayor Dietz commented it is a shame they cannot do something with the last piece of the stagecoach trail. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 7 OF 12 Mayor Insalaco requested the applicant address the council.The applicant was not present. He 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. 13-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LCOATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE, MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX -13-01, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF DRAFT APPROPRIATE CHANGES TO APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 3, APPLICABLE PERSONNEL RULES, AND THE CLASSIFICATION PLAN RELATING TO THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION WITH THE EMERGENCY CLAUSE REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 8 OF 12 )City Manager George Hoffman briefed the council on the item. Councilmember Barker asked when this position was changed to a contract employee in this department. City Manager George Hoffman stated it was in 2004. Councilmember Barker commented what they are doing is reverting back to the original concept of police chief. City Manager George Hoffman stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE DIRECTED TO MAKE THE NECESSARY CHANGES TO CITY CODE CHAPTER 3, ARTICLE 3-6; APACHE JUNCTION PERSONNEL RULES, RULE 1, SECTION 4 AND RULE 5, SECTION 3; THE CITY CLASSIFICATION PLAN AND ANY OTHER APPLICABLE CODES AND POLICIES IN ORDER TO PLACE THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION AS A REGULAR CAREER STATUS EMPLOYEE.I FURTHER MOVE THAT THE ORDINANCES AMENDING THE CITY CODE AND PERSONNEL RULES BE WRITTEN WITH THE EMERGENCY CLAUSE AND BE RETURNED FOR A COUNCIL VOTE NO LATER THAN JULY 16, 2013 AND THAT THE AMENDMENT TO THE CLASSIFICATION PLAN BE INCLUDED WITH THE ANNUAL ADOPTION OF THE CLASSIFICATION PLAN AND IN CONJUNCTION WITH TENTATIVE BUDGET ADOPTION NO LATER THAN JULY 15, 2013. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 9 OF 12 Vice Mayor Dietz stated due to the election on May 21st, there will be no work session on May 20th nor a regular meeting on May 21st, 2013.He then MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 3, 2013, 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, JUNE 4, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Helen Graham, 2510 W. Shiprock, Apache Junction, addressed the council to request the city revisit the plans to build a bike park. There was general discussion between Councilmember Waldron and Vice Mayor Dietz as to whom had the plans. Councilmember Waldron requested the council be given an outline of the plans. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:45 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of April 16, 2013. 3. Consideration of entering into contract with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision in an amount not to exceed $326,353.98. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 10 OF 12 4. Consideration of PW 2010-22B, North Apache Trail improvements, Phase 2, award of bid to Nesbitt Contracting Co., Inc. in an amount not to exceed $614,420.26. 5. Consideration of PW 2012-06, Old West Highway sidewalk improvements, award of bid to Visus, Inc. in an amount not to exceed $110,250.00. 6. Consideration of entering into contract with J. Banicki Construction, Inc. for street and drainage improvements for Grand Drive, Ocotillo Drive and Main Drive in an amount not to exceed $681,626.01. 7. Consideration of approval of Resolution No. 13-10, recommending the City's Fiscal Year 2013 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center and authorizing the Mayor to sign a Pass Through Agreement. 8. Consideration of approval of demolition agreement for 247 E. Junction Street. 9. Consideration of approval of Resolution No. 13-12, Parks, Areas and Facilities Naming/Dedication Policy. 10. Consideration of approval of Resolution No. 13-14, an intergovernmental agreement with the Apache Junction Fire District for services, equipment and training. ACCEPTED THIS 4TH DAY OF JUNE, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JUNE, 2013. HN s.—rmsALAco ayor REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 11 OF 12 ATTEST: LLYKATHLEEN 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 7th day of May, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of May, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 12 OF 12