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HomeMy WebLinkAbout2012-08-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 21, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 21, 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 Serdy gave they Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: (Councilmember Barker was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Economic Development Director Steve Filipowicz Others Present:Senior Project Engineer Emile Schmid Presiding Magistrate James Hazel REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 1 OF 13 Community Relations Manager Pat Brenner ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE REVISED EMPLOYMENT AGREEMENT WITH THE PRESIDING MAGISTRATE RETROACTIVE TO JULY 1, 2012 THROUGH JUNE 30, 2015; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE LICENSE AGREEMENT BETWEEN ELECTRIC TRANSPORTATION ENGINEERING CORPORATION AND THE CITY OF APACHE JUNCTION FOR FOUR LEVEL 2 PEDESTAL ELECTRIC VEHICLE CHARGERS AT NO COST TO THE CITY FROM JUNE 5, 2012 THROUGH DECEMBER 31, 2013; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Councilmember Serdy presented the 2012 Arizona Office of Tourism, Governor's Spirit of Tourism Award posthumously to Gary Mulholland.The award was accepted by his wife, Susie Mulholland.A video presentation was given that was first shown at the state awards ceremony. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced there is a sewer board meeting tomorrow night at 6:30 down south on Ironwood.It will be the last one for this fiscal year. Councilmember Evans announced they finally had the water meter installed at Earth Heart Park Community Garden.They have started on the excavation process.They should be well underway by November.They have had interest from the girl scouts and REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 2 OF 13 boy scouts with both wanting one of the garden beds.There will be 26 garden beds.Recently a private citizen donated $25,000 to build the outdoor kitchen facility. CITY MANAGER'S REPORT City Manager George Hoffman commented on the finance department receiving a Certificate of Achievement for Excellence in Financial Reporting for the 13th consecutive year, read an email concerning trash pickup and a note from a church regarding police response on a suicidal individual, and presented a copy of the Arizona Municipal Risk Retention Pool Annual Report with Apache Junction on both covers, plus an article. PUBLIC HEARINGS RESOLUTION NO. 12-11, DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE NO LONGER NECESSARY FOR PUBLIC USE ') )Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing on the item and reopened the item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE FROM CONESTOGA ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE TO FOURTH AVENUE AND DESCRIBED IN EXTINGUISHMENT CASE EX- 12 -11 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHT -OF WAY, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 3 OF 13 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-13, DECLARING PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE ) )Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing on the item and reopened the item to council discussion. Councilmember Waldron asked if they would need to indicate as amended in the motion since the amended version was not in the packet. City Attorney Joel Stern stated they do.The city clerk has been provided an amended acid free copy.However, since it had to be amended from what was in the packets he would recommend that they do it as presented by Mr. Schmid. Councilmember Serdy commented he wanted to give some history on how this one started.Since it was a right-of-way and it has access to the wash, all of the neighborhood kids were taking their dirt bikes and quads there and using it to go through residents' yards to get down in there.There was nothing the residents could do about it so they asked that it be closed.Now they can keep the kids from buzzing through their yards at all hours. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 4 OF 13 Councilmember Waldron MOVED THAT RESOLUTION NO. 12-13, 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 KACHINA AVENUE EAST OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBDIVISION AND DESCRIBED IN VACATION CASE NO. 12-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED WITH THE FOLLOWING AMENDMENT:THAT LANGUAGE BE ADDED "WHEREAS THE PORTION OF THE RIGHT-OF-WAY BEING VACATED SHALL BE DIVIDED IN HALF, RESULTING IN TWO PARCELS TO BE SOLD, AND WHEREAS TWO PURCHASE OFFERS WERE SUBMITTED TO THE OFFICE OF THE CITY CLERK WITHIN THE 60 DAY SALE NOTIFICATION PERIOD BY THE ABUTTING PROPERTY OWNERS, EACH IN THE AMOUNT OF $465, ONE OFFER FOR EACH HALF OF THE RIGHT-OF-WAY, AND WHEREAS THE SUM TOTAL OF THE OFFERS RECEIVED EXCEED THE MARKET VALUATION OF THE CITY ENGINEER OF THE PORTION OF THE RIGHT-OF-WAY TO BE VACATED, AND WHEREAS THE CITY ENGINEER RECOMMENDS ACCEPTANCE OF THE TWO PURCHASE OFFERS, EACH IN THE AMOUNT OF $465 FOR A TOTAL OF $930 FROM THE ABUTTING PROPERTY OWNERS", BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-14, EXTINGUISHING A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE NO LONGER NECESSARY FOR PUBLIC USE/RESOLUTION NO. 12-15 VACATING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE )Senior Project Engineer Emile Schmid briefed the council on the items. 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 REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 5 OF 13 council discussion.There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX -12-14, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, WITH THE FOLLOWING ADDITIONS: THAT ON RESOLUTION NO. 12-14 WE ADD "WHEREAS THE PARCEL OWNER OF APN 103-19-014G DESIRES TO EXTINGUISH THE EASTERLY 33 FOOT FEDERAL PATENTED EASEMENT AND EXTINGUISH THE WESTERLY 33 FOOT FEDERAL PATENTED EASEMENT OF THE NORTH HALF ALONG BOWMAN ROAD FROM TWELFTH AVENUE TO ELEVENTH AVENUE", BE APPROVED, AND THAT RESOLUTION NO. 12-15, 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 BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN VACATION CASE NO. 12-15, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A RAODWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, WITH THE FOLLOWING ADDITION:RESOLUTION NO. 12-15 "WHEREAS THE PARCEL OWNER OF APN 103-19-014G DESIRES TO VACATE THE WESTERLY 33 FOOT RIGHT-OF-WAY ON THE SOUTH HALF ALONG BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE", AND IN THE LAST WHEREAS WE ADD THE LAST PARAGRAPH OF THE WHEREAS, I WILL JUST READ THE WHEREAS WITH THE CHANGE: "WHEREAS ONE PURCHASE OFFER WAS SUBMITTED TO THE OFFICE OF THE CITY CLERK WITHIN THE 60 DAY SALE NOTIFICATION PERIOD BY THE ABUTTING PROPERTY OWNER IN THE", AND THIS IS THE ADDITION, "AMOUNT OF $475 WHICH EXCEEDS THE MARKET VALUATION OF THE CITY ENGINEER", AND THAT THIS BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 6 OF 13 FOLLOW UP DISCUSSION ON CITY'S STRATEGIC COMMUNICATION PLAN _)Community Relations Manager Pat Brenner briefed the council on the item. Vice Mayor Dietz commented the city has another channel that it can use on the cable network.He asked if he has plans for that and if the city can develop plans to start utilizing the other channel.One could be used for council business and the other could be used for whatever.They could be putting out more information. Community Relations Manager Pat Brenner stated he has talked to Matt and other people about that.A lot of cities do not have local economic channels.We do. Vice Mayor Dietz commented they are fortunate to have it. Community Relations Manager Pat Brenner agreed.The channel the school district uses is also our property.He recommended in the memo that because it has a stronger brand, every video the city creates should go on channel 11.If they are discussing something economic, they should use both channels. Vice Mayor Dietz commented they could look at using that channel for planning and zoning meetings, council meetings, work sessions and whatever.The other channel could be used for updates.He would like to see something thrown out there. Community Relations Manager Pat Brenner stated they will keep looking at the issue and do some videos in house, which are very labor-intensive.Based on what is coming down the time frame, he knows that the road maintenance and construction is a huge issue.With home rule coming up his discussion with Matt is that they are in the process of getting information on what they have been able to do since home rule was approved four years ago.They intend to do videos and get the word out on all the things they have been REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 7 OF 13 able to do in the community.The economic development will be a part of that. Vice Mayor Dietz commented they have had these channels for so many years and not utilized them.He thinks it is time that they do, even if they need to utilize the third channel.He thinks they should look into it and focus on it. Councilmember Serdy asked if they are city channels or public access channels. Community Relations Manager Pat Brenner stated they are city channels. Councilmember Serdy commented the public cannot submit things for it. Community Relations Manager Pat Brenner stated they cannot. Assistant City Manager Bryant Powell stated he wanted to clarify how the three channels are used.They have channel 11 that is used by the city, another one that is available for city use, and a third channel is being used by the school district.He asked if and how the school district is using it. Community Relations Manager Pat Brenner stated when he has gone over to their offices they have used it for a calendar -type presentation and sometimes slides.He has not seen any video on it. Councilmember Serdy commented he saw a graduation on it once. City Clerk Kathleen Connelly stated they have their orchestra and concerts on it.They do the graduation. City Attorney Joel Stern stated regarding the school district using our channel, it is not dedicated to the school district.It is something the city REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 8 OF 13 allows.The city has a license agreement that has those channels.The school district does not have a contractual right to use it.It is something we do as a partnership in the community. Vice Mayor Dietz asked if that was part of an intergovernmental agreement. City Attorney Joel Stern stated it is not.It is part of the license agreement with Mediacom of which only the City of Apache Junction is a party to. Vice Mayor Dietz commented the licensing agreement gave the city three channels. City Attorney Joel Stern stated that is correct. Vice Mayor Dietz commented the city is letting the school district use the one channel.He asked if that was set up through an intergovernmental agreement or is it because the city is such good guys and said they could use it. City Attorney Joel Stern stated it is not through an intergovernmental agreement.It is because the council and city manager are such generous people. City Manager George Hoffman commented that is historical.The school district canceled the intergovernmental agreement.He thinks they want a holistic, broad -based discussion about the relationship.Staff will oblige them that and this topic will certainly be a component of that discussion. City Attorney Joel Stern stated the channel was not part of the intergovernmental agreement that the manager is talking about. Vice Mayor Dietz commented he was not aware if the channel was part of the intergovernmental agreement that had been canceled. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 9 OF 13 City Attorney Joel Stern stated the intergovernmental agreement was for jointly shared properties.There was never an intergovernmental agreement for the use of that channel.It has always been on the city's nickel.We allow them to use the channel; we do not have to. It is for educational purposes. Vice Mayor Dietz commented Jeff brought up a neat idea of maybe having a contest, having the public send in homemade videos and they pick a winner, as long as it has something to do with the downtown or different subject matters.It might be kind of a neat thing to do. Mayor Insalaco closed the discussion with no further comments.This was a discussion item only and he moved on to the next item. NEW BUSINESS SELECTION OF PLANNING AND ZONING COMMISSION CANDIDATE )Mayor Insalaco called for any recommendations. Vice Mayor Dietz MOVED THAT LIZA KOVACH BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2012. Councilmember Evans SECONDED THE MOTION. Councilmember Wilson commented he wanted to recommend Jeff Strubel. Mayor Insalaco asked how they should do this, if one vote was done first. City Clerk Kathleen Connelly stated ordinarily they would take a vote on the first name offered.If that is successful, then they do not go to the second. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 10 OF 13 City Attorney Joel Stern stated there was a second on the first motion. City Clerk Kathleen Connelly stated you do not need a second on a nomination.It is okay, but it is unnecessary.The vote Will be for the first nomination of Liza Kovach. VOTE:4-2 (Councilmembers Wilson and Serdy voted in opposition.) The motion carried. Councilmember Waldron asked if Mr. Bowler was there.He commented that after reading through his application he would really like to see him on the Construction Code Board of Appeal.He thinks he would be an extremely valuable member on that with his background and current occupation.He hoped he would consider it. Vice Mayor Dietz agreed.He congratulated Liza.She had been on the planning and zoning commission before and it was a mishap by a previous councilmember that she did not get reappointed.He thinks it is time she got put back on.He thinks she was only on for a year. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz commented there will be no work session on September 3, 2012 due to the Labor Day Holiday, and he MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, SEPTEMBER 4, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 11 OF 13 The motion carried. CALL TO THE PUBLIC: Mr. Chris Stellhorn, 1347 S. Cactus, Apache Junction, addressed the council regarding a drilling ng that he can see from his backyard instead of the mountains.He showed a picture of it. Vice Mayor Dietz asked how long it had been there. Mr. Chris Stellhorn stated it has been there for over six months.It used to appear and be there for a few weeks or a couple of months and then go away.Now it is not going anywhere.There is another a little north of it. Vice Mayor Dietz requested the city manager to follow through on this and see what is going on and if they are allowed to be doing what they are doing.He does not know if they are drilling for anything. Mayor Insalaco commented that is just standing there.They are not drilling for anything. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:47 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of August 7, 2012. 3. Approval of Minutes of Special Meeting of August 7, 2012. 4. Consideration of revised employment agreement with Presiding Magistrate. 5. Consideration of the Electric Transportation Engineering Corporation (dba ECOtality North America) electric vehicle charging stations agreement. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 12 OF 13 ACCEPTED THIS 4TH DAY OF SEPTEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF SEPTEMBER, 2012. ATTEST: KATHLEEN CONNELLY City Clerk OHN 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 21st day of August, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of August, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 13 OF 13