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HomeMy WebLinkAbout2013-07-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 16, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 16, 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 Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: (Vice Mayor Barker was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Assistant to the City Manager Matt Busby Others Present:Captain Troy Mullender REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-29, 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 INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER, BE APPROVED. Councilmember Evans SECONDED THE MOTION. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation recognizing the Lost Dutchman Monument and presented it to Dons member Councilmember Evans. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced there would be a spaghetti dinner tomorrow at Cactus Canyon Junior High School to benefit the Granite Mountain Hotshots. CITY MANAGER'S REPORT City Manager George Hoffman read a thank you note from Mark Gomez of the Apache Junction Fire District for the support of the Granite Mountain Hotshots at the Fourth of July Celebration and announced the Arizona Parks and Recreation Association has selected the Holiday Event and Light Parade as the winner of this year's Outstanding Program, Community or Neighborhood Special Event for cities with a population between 25,000 and 100,000 people. Assistant to the City Manager Matt Busby gave a brief legislative clarification on Senate Bill 1454. Councilmember Wilson commented there is a movement to repeal this.He asked what effect there would be if this is repealed. City Clerk Kathleen Connelly stated there is a group that has formed and is circulating referendum petitions.If they are REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 2 OF 14 successful in meeting the signature requirement, this bill will be put on hold until it goes before the voters in November 2014. She does not believe there is any impact on Apache Junction one way or the other as the council had previously directed the council terms to be lengthened and our home rule election just took place.Today she •read there is another group that has formed to fight the first group.They are attempting to keep that measure from being referred.She thinks the city is okay. Mayor Insalaco commented on the number of signatures needed. City Clerk Kathleen Connelly stated that is valid signatures and the deadline is September 12.It is a short window. Councilmember Serdy commented he thinks the movement getting a lot of signatures is the one to repeal the Medicaid expansion. That is actively getting signatures out here. City Attorney Joel Stern stated even if there is that challenge, by operational law based on the 2012 law, he thinks lengthening the terms had to be done under the constitution.He does not think it will do anything. Apache Junction Food Bank Board of Directors Member Lori Hlavin gave a brief presentation on the food bank. Councilmember Rizzi asked how often people can come in to get help. Ms. Lori Hlavin stated they can come in one time during the calendar month. Councilmember Rizzi commented she does not know if she is familiar with the free school lunch program.She asked she let people know if they have children and added even adults can go for a reduced price.Children under 18 can eat free during the summer at local schools. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 3 OF 14 #219 ) )City Clerk Kathleen Connelly briefed the council on the item. , Mayor Insalaco requested the applicant address the council. Mr. Manuel Becheid, 510 S. Extension, Mesa, addressed the council. Mayor Insalaco asked if all the stores would be doing this. Mr. Manuel Becheid stated they are planning for most of the stores outside of Phoenix and here in the valley to sell liquor. Councilmember Rizzi asked what type of liquor they would be selling for ninety-nine cents. Mr. Manuel Becheid stated it would mostly be beer and wine.They may be above ninety-nine cents.They are not carrying a price point above ninety-nine cents; it will not be hard liquor.It will be an off -site selling unit where you can buy the liquor there but not drink it on the site.It will be much like a grocery store. Councilmember Rizzi asked if they would be selling the mini -bottles. Mr. Manuel Becheid stated he does not know exactly what the inventory will be but it will be different kinds of beers and wines.They may have some bottles that sell for five dollars.They are working with a vendor in Arizona to get different kinds of merchandise. Councilmember Rizzi commented she noticed they will be providing extra training for the staff. She assumed that would have to do with making sure there are no parties underage trying to buy the alcohol. Mr. Manuel Becheid stated all cashiers and all associates will be going to a training class at REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 4 OF 14 the University of Phoenix.They will go there to learn what kind of identification is okay to take, how to respond to an intoxicated person and when it is okay to sell and when not. Every person in the store will be going to that training class. Councilmember Rizzi asked if there would be any conflicts with the age of their employees; if they had any minors working for the store. Mr. Michael Becheid stated there will be minors working in the store but they will not be allowed to sell alcohol.He believes they have to be 19 to sell alcohol in Arizona as long as there is a supervisor up front. They will be adhering to that. 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 THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE #219, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS RESOLUTION NO. 13-30, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 5 OF 14 COMPANY FOR ITS REGIONAL ECONOMIES ) )Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 13-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND EFFORTS TO DEVELOP A NEW COPPER MINE AND ENHANCE THE LOCAL, STATE AND REGIONAL ECONOMIES, WITH THE FOLLOWING AMENDMENT: THAT IN THE FIFTH PARAGRAPH WHEREAS, THAT THE WORD NEGATIVE BE STRICKEN, AND IN THE SIXTH PARAGRAPH, THAT THE PARAGRAPH END AFTER THE WORD PROJECT, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS APPOINTMENT TO FILL THE VACANCY ON HEALTH AND HUMAN SERVICES COMMISSION )Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT GEORGIANA ELIAS BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Evans SECONDED THE MOTION. VOTE:4-2 (Councilmembers Serdy and Rizzi voted in opposition.) REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 6 OF 14 The motion carried. APPOINTMENT TO FILL THE VACANCY ON THE PLANNING AND ZONING COMMISSION the interviews were on July 15 and October 31, 2014.He called for a Mayor Insalaco commented the appointment expires on motion. Councilmember Waldron MOVED THAT PETER HECK BE NOMINATED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 14, 2014.(Current vacancy expires October 31, 2014.) THE MOTION. THAT ROBERT SCHROEDER BE NOMINATED. THE MOTION. VOTE ON PETER HECK:4-2* Councilmember Evans SECONDED Councilmember Wilson MOVED Councilmember Serdy SECONDED (During the vote, Councilmember Rizzi explained her vote as it not being that Peter would not do a wonderful job, it is because there is a vacancy on the sewer board and she thinks he would be an awesome candidate for that.For that reason only her vote is no.) (*Due to interfering noises from the audience, the city clerk was unable to get a clear count of the vote and requested to go through it again. VOTE:3-3 (Councilmembers Serdy, Wilson and Rizzi voted in opposition). Councilmember Serdy asked if this is a new vote. City Clerk Kathleen Connelly advised she was asking him to repeat his previous vote unless he wants to change his mind. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 7 OF 14 Councilmember Serdy commented that for the same reasons he is going to say no. City Clerk Kathleen Connelly stated that is what he said previously. Councilmember Serdy commented it was not. Mayor Insalaco commented he said yes the first time. Councilmember Serdy commented now they do have a tie. City Clerk Kathleen Connelly apologized and stated she had him down as a no previously.) Councilmember Wilson asked if they would be discussing this further. City Clerk Kathleen Connelly stated they still have a motion on the floor.They need to dispose of that first.This is for Mr. Schroeder. VOTE:3-3 (Councilmembers Evans and Waldron and Mayor Insalaco voted in opposition.) Councilmember Wilson asked what the process is now. City Clerk Kathleen Connelly stated they can continue to make motions. City Attorney Joel Stern stated they can talk about it. Councilmember Rizzi asked if they can have discussions. City Attorney Joel Stern stated absolutely.They could make another motion. Councilmember Serdy asked if they could talk about REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 8 OF 14 City Attorney Joel Stern stated absolutely. Councilmember Rizzi commented she wanted to explain her vote.Mr. Schroeder had attended the Citizens Leadership Institute, he had been attending the planning and zoning commission meetings for a long time and he had only put in for that board.They have a vacancy on the sewer board and they know what a struggle there has been for that board.She really believes Mr. Heck, who had put in for the sewer board, would be a wonderful candidate for that position. Mayor Insalaco commented he has reason to believe that Mr. Heck would rather be on the planning and zoning commission. Councilmember Waldron commented the reason he nominated Mr. Heck is because he thinks a business influence on the planning and zoning commission would be good.He knows there are people who are in business but Mr. Heck has been in business for many years, he has a very viable business here and he thinks that type of positive influence on the planning and zoning commission would be good. Councilmember Serdy commented he liked all three candidates; all three are strong candidates. All three are business owners.His reason for not nominating Jeff Struble is because he is already on several boards.He obviously likes them all because he voted for both of them. Councilmember Wilson commented he agreed wholeheartedly.One of the things he definitely thinks they need is a strong person on the sewer board.He thinks Mr. Heck would be a great person for the sewer board.He knows he has expressed an interest in it. Mayor Insalaco commented the interest has changed. Councilmember Wilson commented his interest has changed. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 9 OF 14 Mayor Insalaco stated that is correct. There was general discussion as to if they could ask Mr. Heck if his interest had changed. City Attorney Joel Stern advised they could not ask him at this time since it is not on the agenda. Councilmember Serdy asked if there is a conflict to be on both of those boards. City Attorney Joel Stern stated there is a compatibility of office question.It is a different entity.Unless something comes up before the sewer board that would come up before planning and zoning, such as a zoning issue recently that involved a change in the zoning regarding a buffer zone, if that came to the planning and zoning commission then someone on the sewer board and planning and zoning commission would have to step off and not vote on that one.Other than that, he does not think there is a compatibility of office issue legally.The other issue is if they feel they want to have a board member on both. Councilmember Rizzi commented they are not allowed to interview the candidate again. City Clerk Kathleen Connelly stated not tonight. Councilmember Rizzi asked if they could have him blink once for yes and twice for no. Mayor Insalaco commented they could not. City Attorney Joel Stern stated the agenda states interviews were conducted, past tense. The only way to do this would be to continue it, if they want to continue it for another night.Then they could interview the applicants, and he believes they should interview all of them again. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 10 OF 14 'Councilmember Waldron commented they also have a very strong candidate outside of Mr. Heck for the sewer district. Mayor Insalaco commented that is not on this agenda. City Attorney Joel Stern stated that is correct. Mayor Insalaco asked if they could try a vote one more time, if that was possible. City Clerk Kathleen Connelly stated whatever they wish to do. Councilmember Waldron MOVED THAT PETER HECK BE NOMINATED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 14, 2014.(Current vacancy expires on October 31, 2014.) THE MOTION. NOMINATE ROBERT SCHROEDER. THE MOTION. Councilmember Evans SECONDED Councilmember Wilson MOVED TO Councilmember Rizzi SECONDED City Clerk Kathleen Connelly stated the vote would be for the first one, Mr. Heck. VOTE:4-2 (Councilmembers Wilson and Rizzi voted in opposition.) Councilmember Wilson commented during the vote that he had explained his reason for voting on the previous vote and he would like to see Mr. Heck on the sewer board. Councilmember Rizzi commented for the same reason she is voting no. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 11 OF 14 Councilmember Serdy commented he would like there to be more vacancies as he would like them both on there.He does not want to go through the effort of having them come back so he voted yes. The motion carried. APPOINTMENT TO FILL A BOARD MEMBER VACANCY ON THE MUNICIPAL PROPERTY CORPORATION BOARD a motion. Mayor Insalaco called for Councilmember Waldron MOVED LUCIANO BUZZIN BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 5, 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, AUGUST 6, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 12 OF 14 The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the annual Bowl-A-Thon for the Boys and Girls Club on Saturday, August 10th. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:42 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Special Meeting of July 1, 2013. 3. Approval of Minutes of Regular Meeting of July 2, 2013. 4. Consideration of Resolution No. 13-29, authorizing the mayor to execute Amendment No. 1 to the East Valley Gang and Criminal Information Center Intergovernmental Agreement and authorizing the chief of police to execute the Memorandum of Understanding regarding access to Mesa Police Department's Law Enforcement Coplink Information Sharing System. ACCEPTED THIS 6TH DAY OF AUGUST, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF AUGUST, 2013. / CAir A L A 4004HN S. IN IrALACO ayor REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 13 OF 14 ATTEST: KATHLEEN 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 16th day of July, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of July, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 16, 2013 PAGE 14 OF 14