Loading...
HomeMy WebLinkAbout2011-07-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 5, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 5, 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 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: (Vice Mayor Dietz was absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director Giao Pham Finance Director Donna Meinerts Development Services Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 1 OF 12 Others Present: Assistant to the City Manager Matt Busby City Magistrate James Hazel Captain Arnold Freeman Senior Planner Rudy Esquivias Public Works Manager Shane Kiesow Parks Superintendent Nick Blake Library Manager Spencer Paden Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA )Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT RENEWAL BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION FOR ECONOMIC DEVELOPMENT SERVICES IN THE AMOUNT OF $17,477.00 WITH AN ADDITIONAL AMOUNT OF $1,764.00 FOR A ONE-TIME CAPITAL OUTLAY FOR THE CITY'S SHARE TO BUILD A WEB -BASED PLATFORM TO BETTER MARKET AND BRAND OUR REGION FOR A TOTAL AMOUNT OF $19,241.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT RESOLUTION NO. 11-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERMENTAL AGREEMENT WITH MARICOPA COUNTY (DEPARTMENT OF TRANSPORTATION) FOR FIRE PREEMPTION EQUIPMENT INSTALLATION AND MAINTENANCE ON COUNTY OWNED SIGNALS, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 2 OF 12 AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating July as "Parks and Recreation Month" and presented it to Parks Superintendent Nick Blake and Recreation Superintendent Liz Langenbach. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for all they did yesterday, although it was unfortunate that a lot of wind came up and they had to cancel the fireworks display.A lot of people were there and the watermelon was delicious. Councilmember Wilson announced that he has a lost dog that was found on Starr Road.Anyone who knows the owner or the dog can contact his wife. Councilmember Barker seconded the kudos to parks and recreation for a marvelous event yesterday even without the fireworks.She gave more kudos to them for their maintenance of Prospector Park.She and about 6 to 8 dog owners go there every night about 7 p.m. and walk the park.It is beautifully maintained. They ran into a snake the other day and it was instantly removed by a park ranger.She appreciates the work they do. Councilmember Serdy announced he attended the First Friday event last Friday at the Superstition Art House.They will have an open house and an art event the first Friday of every month. The atmosphere was very nice.If other businesses can add to this by the winter it could make for a large event downtown.He encouraged everyone to stop by the next First Friday and come up with ideas to build on it. Councilmember Smithson commented he enjoyed the Fourth of July Celebration at the high school and he was privileged to allow the mayor to significantly cool off twice. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell read a couple of letters complimenting the staff at the multi -generational center and the pool, commented on the cancelled fireworks, the construction REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 3 OF 12 going on at Central Arizona College at the Superstition campus, and the Certificate of Achievement from the Government Finance Officers Association awarded to the finance department. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR MIRAGE SPORTS GRILL )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mrs. Helen Woodruff, owner of the Mirage Sports Grill, addressed the council. Councilmember Barker commented the report from the police department mentions the patio fenced area would be to the east of the external wall, where there is a driveway. Mrs. Helen Woodruff stated the driveway is just past it. Mr. Jeffrey Woodruff stated it will actually be between the building and the driveway.It is a graveled area right now and they plan to fence it in and put in a concrete patio. Councilmember Barker asked how large that area is. Mr. Jeffrey Woodruff stated he had not measured the area but he would guess 15' by 25'. There is also a side access door that they can use for access to the patio. Councilmember Barker stated the officer did not have a problem with the application.He just noted that in the report so she wanted to check that.He also noted that there were quite a few service calls to their REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 4 OF 12 current location.She asked how they are going to not have this happen at the new location. Mrs. Helen Woodruff stated she spoke with the sergeant and told him it is a continuing process of education with her bartenders and her servers.Any time the police have been called it has always been because whoever was working and in charge deemed that it was the appropriate thing to do.One call was for a gentleman having an epileptic seizure.An ambulance was called but the police show up also.It still counts as a service call.There are a few things like that in there, but it basically comes down to the fact that education for alcohol awareness has to be continuous. Every time she gets a new employee they have to be trained. They are doing the best that they can to make sure that there is not over serving and enough food being served. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He can remember only one or two of these that have been rejected or they did not recommend that the license be granted in the last 20 years.He has no quarrel or issue with this one.He would recommend looking at these as we do not know the people.It might be prudent to list the names of the applicant rather than just the business location or direct people to a place where they can find out that information.This is for the future, obviously not for this one.For someone to walk in to the meeting, they do not know who these people are or what their history is. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Smithson asked if all the information that the council gets from staff is on the website. City Clerk Kathleen Connelly stated it is.It has been for several years. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 5 OF 12 Councilmember Smithson stated anyone who wanted to get that information would have no trouble at all.They would just have to go to the website. City Clerk Kathleen Connelly stated that is correct. Councilmember Barker stated the entire packet is on the website. City Clerk Kathleen Connelly stated the application with all of the public applicant information is on the website. Councilmember Barker stated she has had to access the agendas on the website when she was out of town and participated on the phone.She does not get the paper copy.She goes online like anyone else, she does not have a secret password or anything, and she gets precisely what is in front of her and what is available to the public. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR MIRAGE SPORTS GRILL, SUBMITTED BY HELEN WOODRUFF, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED RESOLUTION NO. 11-34, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2011 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 6 OF 12 )Captain Arnold Freeman briefed the council on the item. Mayor Insalaco asked how the new etickets are working out. Captain Arnold Freeman stated they are working out very well.The judge is here and can attest to a lot of mistakes being corrected.It is now such an automated process it is kind of like writing tickets for dummies.They have actually decreased a lot of their mistakes. It is probably the single, best program for this amount of money in ten years. 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 Coleman MOVED THAT RESOLUTION NO. 11-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM FY 2010 FUNDS; AND APPOINTING THE CITY MANAGER OR HIS DESIGNEE TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED CASE AN -1-08, ANNEXATION OF APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND AT THE SOUTHEAST CORNER AREA OF THE WEST ELLIOT AVENUE AND SOUTH MERIDIAN DRIVE ALIGNMENTS REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 7 OF 12 )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Coleman asked if the two subdivisions on the Maricopa County side have ingress and egress onto Elliot. Senior Planner Rudy Esquivias stated they do not.Elliot basically dead ends and Meridian dead ends also.In the future there will be access between both communities. Councilmember Coleman asked how they get in and out. Senior Planner Rudy Esquivias stated to get in you would have to take the freeway to Signal Butte, go south and back around to Elliot and head eastward.He believes there are also additional entries from the south as well. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He asked what the future development will be and why they should annex 50 acres right now.He wanted to the city to admit what they are putting in there.He asked what the extra expenses of this will be considering the budget crisis and employees being laid off. He commented they voted on the new general plan and questioned if the 50 acres had been included as it was not annexed at that time.It appears that the timing of this excludes the voters from that process.He would think there would be more than the usual transparency when it comes to what the plans are for the 50 acres.Apache Junction residents and Maricopa County residents have an interest in this.He does not want to have any legal problems as he knows how much the city dislikes legal problems. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 8 OF 12 Councilmember Coleman stated the general plan that was voted on goes clear down to Germann, so it was included and the voters did have a say.It is vacant and in the presentation they talked about lining up Elliot Road. He is not sure they were trying to be misleading or holding the cat in the bag. Councilmember Barker commented as stated in the packet which is available online, quote "the property is located in an area which has a general plan designation of master planned community mixed use, 4 to 8 dwelling units per acre", and it was part of the general plan that was voted on. Mayor Insalaco closed the discussion with no further comments and moved on to the next meeting.This was a public hearing item only. OLD BUSINESS None. NEW BUSINESS PROPOSED TENTATIVE FISCAL YEAR 2011-2012 CITY BUDGET )Assistant City Manager Bryant Powell briefed the council on the staff involved with the budget. Finance Director Donna Meinerts briefed the council on the item. Councilmember Barker commented it is important for the public to understand that each councilmember has been personally walked through this budget for hours, with two of them a total of 6 hours.She was hanging on the end of a phone while everybody tried very hard to point out things.She was looking on her computer because all of this is online.That is how she did it.Every one of them has had hours of information, input, instructions, questions asked, questions answered, et cetera.She thanked staff for taking that time to educate her in this process.It was amazing and REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 9 OF 12 very educational.She learned a lot.She had a lot of questions and found that even after this was all said and done she still ended up questioning Matt for another couple of hours. No one needs fear that this has not been thoroughly looked at nor does anybody need fear that this has not been available for the public.It has been. Councilmember Coleman commented the intergovernmental revenue includes HURF and the state -collected city revenues. Assistant City Manager Bryant Powell stated this is general fund historical.It does not include HURF but it does have the state -collected city revenues. Councilmember Coleman stated that is what keeps getting reduced. Mayor Insalaco commented HURF stands for Highway User Revenue Funds. Councilmember Coleman commented he wanted to point out that what the state does has a direct effect on us.We have to make the tough decisions on where to cut when the state cuts our, revenues.He does not know if the term state -shared revenues appears in the statutes or not.He prefers to call them state -collected city revenues.It makes it seem like they are being benevolent when in fact it was approved by the voters for the cities to get a portion of our income back to provide services for those that are paying for them.Part of the reason why they had to make such drastic reductions has been out of our control because the state takes funds to balance their budget on our backs, even though they tell us that they are not going to do that. Mayor Insalaco announced this item was for information only.He then closed the item and moved on to the next item. COUNCIL DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 10 OF 12 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, JULY 18, 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, JULY 19, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Smithson SECONDED THE MOTION. Councilmember Coleman asked if they needed to set a date and time for the final budget. City Clerk Kathleen Connelly stated they do not need to make a motion for that.She added as Donna pointed out, that is the last available date under state law. There was general discussion on when the budget meeting would be held. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding something that could support the city financially, his litigation with the city regarding the medical marijuana referendum, and staff behavior. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:45 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 11 OF 12 2. Approval of Minutes of Regular Meeting of June 21, 2011. 3. Consideration of contract renewal with the Greater Phoenix Economic Council (GPEC) for economic development services and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors. 4. Consideration of Resolution No. 11-25, an intergovernmental agreement with Maricopa County for Fire Pre-emption Equipment Installation and Maintenance on County Owned Traffic Signals at Southern Avenue and Meridian Drive. ACCEPTED THIS 19TH DAY OF JULY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF JULY, 2011. ATTEST: KATHLEEN CONNELLY City Clerk o l < HN 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 5th day of July, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of July, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 12 OF 12