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HomeMy WebLinkAbout2011-01-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 18, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 18, 2011, 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 7:02 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 Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Public Works Director David Fern Others Present:Programs Coordinator Heather Patel Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-09, PLAZA DRIVE IMPROVEMENTS PHASE ONE, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $504,240.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Works Director David Fern presented a 30 -year service award to Melvin Morris of the public works department and gave a brief history of his career with the city. Mr. Paul Pecora, Mediacom Manager, gave a brief update on Mediacom. Councilmember Barker thanked him for his company becoming a part of the community and the sponsorships are much appreciated. Councilmember Serdy commented he would appreciate having the guide channel back. Mr. Paul Pecora stated it would probably not happen as the company has taken a direction to a digital guide. Program Coordinator Heather Patel commented on the tax preparation locations during the upcoming tax season and then introduced Helen Denton, Resource Development Director with the United Way of Pinal County, who gave a brief presentation on the tax preparation available to Apache Junction residents. Councilmember Eck commented his mother has taken advantage of this program for a number of years and they do very good work. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 2 OF 10 ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the Arizona Office of Tourism will be having a mobile work shop in Apache Junction.Anyone that works in a tourist -related business or is thinking about it and wants to see what the state can do to help you should contact them.It is open to any business in Pinal or Gila County.The people hearing about it are pretty excited to see how they can network to get everyone on the same page.Anyone interested can RSVP at atursvp@azot.gov.They can get more information at the website which is www.az.ot.gov or they can stop and see him at his business.It will be January 26 at the multi -generational center from 1 p.m. to 5 p.m. Councilmember Wilson announced he has been married to his wife for 40 years and he wanted to say a special thank you to her. Councilmember Barker announced that she went out to the museum for their Apacheland Days this weekend and they had a huge crowd.They had over 600 people at the concert on Friday and on Saturday the parking was difficult to find.She did a lot of walking to get to the events themselves.It was a wonderful turnout and a great event, with a stagecoach and the girls around in their saloon costumes.They had all kinds of wonderful stuff out there, and it was another event here in the city that drew a lot of people out. Councilmember Eck announced that on Saturday, January 22, the annual D.A.R.E. Golf Tournament will take place.He is trying to help Officer Bill Virtue fill the openings for golfers and sponsors.For $100 you can sponsor a hole and they will make a specialized sign at the hole.They let people know who their sponsors are.Bill Virtue can be contacted at (480) 244-8873 or they can call Councilmember Eck at home.It is one of the main fundraisers for the year and it is a great program. CITY MANAGER'S REPORT City Manager George Hoffman commented on a second showing of the movie "Bag It" will occur this Saturday at the library; last week 3,300 feet of road construction on Cedar was completed; utility work on Ironwood from 16th Avenue to Broadway; and the landscape plan for the median of Old West Highway being underway REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 3 OF 10 from Idaho to Phelps; reminded the community that the 2010 General Plan is on the primary election ballot, commented on Community Relations Director Pat Brenner being invited to the Arizona Center for Civic Leadership event sponsored by the Flynn Foundation to provide information on the city neighborhood outreach program, and thanked retiring Public Works Director David Fern for his professionalism, passion and progress. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 )City Clerk Kathleen Connelly briefed the council on the item. applicant address the council. Mayor Insalaco requested the Mr. Denny Walter addressed the council.There were no questions of the applicant. 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 Eck MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR FEBRUARY 25, 2011, SUBMITTED BY DENNY WALTER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 4 OF 10 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Earl Anderson, manager of bingo at Roadhaven, addressed the council. Councilmember Eck asked if it is much the same routine as the previous years. Mr. Earl Anderson stated it is the same thing they have always done, they just have a few more people.They are trying to bring it back to the prominence that it once was. 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 TO UPGRADE TO A CLASS B BINGO LICENSE FOR ROADHAVEN RESORT, SUBMITTED BY EARL G. ANDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 5 OF 10 Ms. LaVera Bennett, one of the managers of Sundance Restaurant, addressed the council. Mayor Insalaco asked if this is a new license. Ms. LaVera Bennett stated Sundance Restaurant has had a license in the past.They have taken over the business as of November 1 and they had to get their own license. 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 Eck commented for the past few decades Sundance has been about a 50/50 split on being a bar and restaurant.There have never been any problems in the past and it has been a nice establishment. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SUNDANCE RESTAURANT, SUBMITTED BY LAVERA BENNETT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 6 OF 10 None. COUNCIL DIRECTION TO STAFF POSSIBLE AMENDMENTS TO ORDINANCE 1285 RELATING TO WEAPONS DISPOSITION )Public Safety Director Jerald Monahan briefed the council on the item. Councilmember Eck asked if under Item E in the $100 value, the chief of police can make a determination to return a gun believed to be worth $50 to $75 when the owner had done nothing wrong with the gun or if it is under $100 the gun would have to be destroyed. Public Safety Director Jerald Monahan stated by putting the $100 figure in there, it prevents them from auctioning firearms that may have a value of under $100 that are still a firearm that could be useful on the market and the city could gain those finances back to be used in the purchase of ammunition.He would like to remove the $100 altogether and allow them to make the determination with the auction company. Councilmember Eck agreed.He would like the chief of police to decide that.They can remove the $100 and put the responsibility on him. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION:THAT PARAGRAPH E ON PAGE 3 BE AMENDED TO DELETE THE NUMERIC AMOUNT OF $100; THAT "E.2" BE ADDED TO INDICATE THAT THE CHIEF OF POLICE HAS THE OPTION OF RETURNING A WEAPON OR WHATEVER DISPOSITION HE FEELS IS RIGHT UNDER THOSE CIRCUMSTANCES; THAT AN ITEM 4 BE ADDED TO THAT PORTION THAT INCLUDES FIRING THE GUN AND SENDING IT TO THE BALLISTICS LAB BEFORE IT IS DESTROYED; AND THAT D HAVE ADDITIONAL LANGUAGE THAT REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 7 OF 10 ALLOWS FOR THE CHIEF OF POLICE TO DESTROY OR OTHERWISE DISPOSE OF A WEAPON AS HE DEEMS APPROPRIATE. Vice Mayor Dietz asked if in Item E he wanted the wording "at your discretion". Councilmember Barker asked if that was in addition to commercially viable.She asked if he wanted an additional phrase after commercially viable in both of the paragraphs that have that phrase.He has it in paragraph E and C. Public Safety Director Jerald Monahan stated PARAGRAPH E, THE LANGUAGE AFTER COMMERCIALLY VIABLE WOULD BE THE PHRASE UNDER THE APPROPRIATE CIRCUMSTANCES, AND IT IS REPEATED UNDER D, WITH THE THINKING IT IS OFFERING TWO CIRCUMSTANCES. Councilmember Barker AMENDED HER MOTION TO STATE SHE WOULD ADD THAT TO HER MOTION. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 31, 2011, 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, FEBRUARY 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 8 OF 10 The motion carried. CALL TO THE PUBLIC: Mr. Bob Chasan, 401 N. 104th Place, Mesa, addressed the council to volunteer as a liaison for the Arizona Real Estate Investment Association and the Arizona Rental Property Owners and Landlords with any council work, information or education as necessary. Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction, addressed the council regarding concerns with Superstition Skies Restaurant and Bar. Mr. George Schroeder, 743 N. Saguaro, Apache Junction, addressed the council regarding concerns with drug addicts, people hooking up motor homes illegally, and theft by drug addicts. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding memorializing Christina -Taylor Green and others killed in Tucson, Mediacom's service and contract negotiations, the appearance of election packets being handed out closer to the election than in the past, the upcoming recall election, and the extension of the 1999 capital facilities tax. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8:03 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 4, 2011. 3. Consideration of award of bid to Visus Engineering Construction, Inc. for Project PW 2010-09 in an amount not to exceed $504,240.00 for Plaza Drive Improvements (Phase I). ACCEPTED THIS 1ST DAY OF FEBRUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF FEBRUARY, 2011. REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 9 OF 10 ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO yor 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 18th day of January, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of January, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 2011 PAGE 10 OF 10