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HomeMy WebLinkAbout2012-02-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 7, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 7, 2012, 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 Smithson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: (Vice Mayor Dietz was absent.) (There is one vacancy on the council.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Others Present:Design Engineering Technician II Dan REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 1 OF 12 Sayre Senior Project Engineer Emile Schmid Water Utilities Community Facilities District District Director Frank Blanco ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MOTOROLA, INC. FOR THE REPLACEMENT OF HANDHELD RADIOS FOR THE POLICE DEPARTMENT RETROACTIVE FROM DECEMBER 6, 2011 THROUGH JANUARY 1, 2017 IN AN AMOUNT NOT TO EXCEED $77,709.70; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented on the successful grand opening of Shopper's Supply that was attended from people throughout the state. Councilmember Wilson commented he attended the Apache Junction Wellness Partnership Community Forum this past week at the new Mountain Health and Wellness facility.The speakers raved about the view of the Superstitions.The breakout groups came up with the fact that we need to remind ourselves that we live in a great community. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 2 OF 12 City Manager George Hoffman commented on Library Snapshot Day, read a note from someone who rented chairs from the parks and recreation department for a private event, announced that Program Coordinator Heather Patel won a free national membership from the Arizona Chapter of Grant Professionals Association as the outstanding chapter volunteer and that the police department is now a part of a Department of Justice certified team for the Amber Alert Program. Apache Junction Water District District Director Frank Blanco and Arizona Water Company District Manager for the Superstition Division Ted Millspaugh gave a presentation on water emergency preparedness in Apache Junction. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Ralph Henderson addressed the council.There were no questions. 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 Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR FEBRUARY 23, 2012, SUBMITTED BY CINDY PIERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 3 OF 12 VOTE:Unanimous. The motion carried. Councilmember Smithson commented there was a discrepancy on the dates in the packets. Councilmember Barker commented the city clerk corrected that when she presented and she changed it in the motion. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR LOST DUTCHMAN MARKET ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Julie Bussing, one of the owners, addressed the council.There were no questions. Mayor Insalaco opened the public hearing on the item. Mr. Tom Aulik, 2292 N. Ironwood, addressed the council.He wanted to make sure everyone under 40 would have to show their identification. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR LOST DUTCHMAN MARKET, SUBMITTED BY THOMAS GRUBBS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 4 OF 12 Councilmember Serdy SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 11-12, DECLARING CERTAIN DEDICATED PUBLIC RIGHT-OF- WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY/RESOLUTION NO. 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS ) )Interim Public Works Director/City Engineer Giao Pham briefed the council on the items. Councilmember Smithson commented during with briefing that it looked like the parcel north of this one also has a building that does not have an adequate setback. Interim Public Works Director/City Engineer Giao Pham stated that is correct. Councilmember Smithson commented all four parcels are in some sort of violation. Interim Public Works Director/City Engineer Giao Pham stated that is correct and that is why they deemed it as a unique way to alleviate some of the contentious issues out here.They decided to vacate the areas marked in red and extinguish the areas marked in green.He continued with his briefing on the second item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 5 OF 12 Councilmember Smithson asked if he would anticipate any need by us or any utility or public agency for the use of those properties in the future. Interim Public Works Director/City Engineer Giao Pham stated his staff has done their due diligence.They have contacted the utility companies and looked at the future plans for all the city's roadway needs. Based on the topography and the modeling that has been done, there is no need for these in the near future. Councilmember Smithson commented if they do not do this, another alternative that the city might pursue is to have them tear down the buildings that are in the right-of-way. Interim Public Works Director/City Engineer Giao Pham stated that is correct.They are working with the development services department to try to educate the property owners as far as encroachment.They are working to get a citywide right-of-way map so that, down the road, it will be on GIS and anyone can look at it and see if they are in the public right-of-way or encroaching on an easement.There will be fewer resolutions like this in the future. City Attorney Joel Stern asked if there would be enforcement actions on those units inside the easements if the council votes no on this tonight. Interim Public Works Director/City Engineer Giao Pham stated there would. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 6 OF 12 STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD AND DESCRIBED IN VACATION CASE NO. 11-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Smithson MOVED THAT RESOLUTION NO. 11-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -11-13, 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. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-02, DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS )Interim Public Works Director/City Engineer Giao Pham briefed the council on the item. Councilmember Barker asked if Hilton and Goldfield will become the entrance points for all of the properties. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 7 OF 12 Interim Public Works Director/City Engineer Giao Pham stated that is correct.When they look into vacating or extinguishing part of a parcel, they do not land lock a parcel.They will have some sort of public access. Councilmember Smithson commented in all three sites, half of the extinguishment is adjacent to another property.That right-of-way would belong to the other property rather than the one they are talking about. Interim Public Works Director/City Engineer Giao Pham stated that is correct. Usually if it is not a city -initiated act, the property owner will contact their neighbors as far as signing off on that.It is one of the requirements for an owner -initiated action as far as extinguishment. Councilmember Smithson commented it looks like there are still two structures that may still be in violation of the setback in the southwest corner. Interim Public Works Director/City Engineer Giao Pham stated he believes those are trailers.The applicant will usually work with everyone to make sure there are proper setbacks.They also check with development services. 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 Barker MOVED THAT RESOLUTION NO. 12-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX -12-02, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE RIGHT-OF-WAY, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 8 OF 12 Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Smithson asked what happens now.He asked if the city files the paperwork at the county recorder and it becomes official. Interim Public Works Director/City Engineer Giao Pham stated the mayor signs off on it and it is recorded at the Pinal County Recorder's Office. City Attorney Joel Stern commented these are resolutions so there is no 30 day waiting period as there is with an ordinance. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF METRO PHOENIX MUNICIPAL BENEFIT TRUST )Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST:THAT STAFF CONTINUE TO EXPLORE AS A CONCEPTUAL OPTION THE OBTAINING OF A MORE COST-EFFECTIVE HEALTH CARE BENEFIT PACKAGE FOR OUR REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 9 OF 12 EMPLOYEES WITH THE UNDERSTANDING THAT STAFF WILL COME BACK TO COUNCIL WITH MORE HARD NUMBERS SO THAT WE UNDERSTAND THIS. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, FEBRUARY 20, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 BE HELD ON TUESDAY, FEBRUARY 21, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Lisa Beaty, 3320 E. University, Mesa addressed the council regarding the septic problems at Acacia Villa Mobile Home Park. Ms. Myrna Kuki, 1770 N. Valley Drive #48, Apache Junction, addressed the council regarding the septic problems in Acacia Villa Mobile Home Park.She provided pictures depicting the problems. Ms. Donna Marquardt, 1770 N. Valley Drive #59, Apache Junction, addressed the council regarding the septic problems in Acacia Villa Mobile Home Park. Mr. Mike Alltop filed a form but did not speak. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 10 OF 12 Mr. Thomas Aulik, 2292 N. Ironwood Drive #11, Apache Junction, addressed the council regarding citizens being unable to be on the cable channel, rude behavior by city staff towards him, the services at animal control being cut due to staff cutbacks, people speeding through his park and requested more manufacturing jobs for the city, sidewalks and a BMX track. Councilmember Barker commented she realized that they gave direction to staff prior for Acacia Villa, but she asked if they can be of any further assistance.She is aware there are certain areas where the city's hands are tied.They should at least be pointed in the right direction on things they might not have thought of. Councilmember Smithson stated he spoke to the ladies last time and has suggested they contact the sewer district and the health department this time.The city does not control the sewer district and the health department is a county function.He would like to see if there are any departments in the city that can be instrumental.If not, they could recommend where else they can go and do whatever we can to help them. Mayor Insalaco commented he drove through that park.He was afraid the stuff would get on his truck tires.It is deplorable.As a city we should be concerned as they are washing the stuff into the city streets.He thinks they should do more than just point them in the right direction.He does not know what can be done or what has to be done, but it is time for some action.As far as the cable channel, Call to the Public is a privilege that the city affords the people.It is not a right.The people want to bring their problems to the council.It is not for the people to come up and let the public know. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:15 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 17, 2012. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 11 OF 12 3. Consideration of a lease agreement with Motorola, Inc. for replacement of hand held radios for the Apache Junction Police Department in an amount not to exceed $77,709.70. ACCEPTED THIS 21ST DAY OF FEBRUARY, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF FEBRUARY, 2012. ATTEST: KATHLEEN CONNELLY City Clerk RN S. INSALACO Mayor 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 February, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of February, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 2012 PAGE 12 OF 12