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HomeMy WebLinkAbout2011-11-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 1, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 1, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson 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 Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present:Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 1 OF 17 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he and the city manager attended the Pinal County Emergency Preparedness Fair on last Friday in Casa Grande.He was impressed with the presentation on the Gabrielle Giffords shooting that had occurred in Pima County and the new trauma bags available.He also attended a Preparedness for Businesses presentation. Councilmember Wilson announced he attended the Halloween event at Prospector Park last night and it had very good attendance. Parks and Recreation staff learned Monday morning that someone had pulled copper wiring from the lighting and they quickly got it repaired so the event could go on.He thanked them for their work. Councilmember Barker seconded that. Councilmember Serdy reminded everyone the Festival of the Superstitions is on November 11 and 12. Councilmember Serdy reminded everyone this is the first Friday of the month and there will be events at the art place downtown. Vice Mayor Dietz commented the second Pima County officer to arrive at the Giffords shooting in Tucson was Matt Salmon, son of one of our former police officers and he was also part of our explorer program, along with his own son who also works for Pima REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 2 OF 17 County Sheriff's Office.Matt was issued one of the new trauma packs and used it to save peoples' lives.He gave kudos to the explorer program. Mayor Insalaco welcomed Apache Junction Cub Scout Pack #970. CITY MANAGER'S REPORT City Manager George Hoffman commented on Crime Scene Officer Stephanie Bourgeois recently received a law enforcement award from the Sons of the American Revolution; read a note regarding the capture of a burglar in Cortez Ranch; read a note on the support city personnel gave on Soldier Ride; and reminded everyone of the Wellness Fair being held on Saturday. PUBLIC HEARINGS ORDINANCE NO. 1376:CITY -INITIATED TEXT AMENDMENT TO THE DEVELOPMENT FEE ORDINANCE )Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated development fees are just another tax.He does not understand why they are adding more fees for development and, if they are using the fees, he would like to know where they are being used. We do not look like Mesa and Gilbert. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Coleman stated if Mr. Fisher has driven down Broadway, the additional widening of the street was paid for by development fees to be used for new developments.He is glad he did not have to pay for that. They also paid for the expansion of Prospector Park, the addition to the library, and so many other things those fees REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 3 OF 17 have been used for.He commented if he likes Mesa and Gilbert better, he would help box him up and move him. Vice Mayor Dietz commented those fees have to be spent on the library, parks and recreation, the police department and roads.They cannot go anywhere else, such as a trip to Acapulco for himself. Councilmember Smithson asked if library funds can only be used for libraries under a certain size. Development Services Director Brad Steinke stated the new law which takes effect in August 2014 indicates you cannot collect fees or use fees for libraries over 10,000 square feet. Councilmember Smithson asked if they would be establishing a separate fund for library fees for future libraries to be built. Development Services Director Brad Steinke stated the city will keep this library fee fund. Councilmember Smithson stated we will keep it until the law changes. Development Services Director Brad Steinke stated once the law changes, we will comply with the law and will no longer spend the money.If we want to build a library that is over 10,000 square feet, we would not spend the money on that library. Mayor Insalaco closed the discussion with no more comments and called for a motion. Councilmember Barker MOVED ORDINANCE NO. 1376 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 4 OF 17 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1376, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1378, CASE PZ-2-11, A CITY -INITIATED REZONING TO APPLY THE DOWNTOWN OVERLAY ZONING DISTRICT CLASSIFICATION TO DOWNTOWN BUSINESS ZONED PROPERTIES ) )Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked if this information can be found on the website. Development Services Director Brad Steinke stated it can. Councilmember Smithson asked if there was any significant testimony given. Development Services Director Brad Steinke stated there was not.They had a few neighborhood meetings and listened to the business owners.They seemed pleased with this.No one came out and objected to this at the planning and zoning commission meeting.When he talked to business owners, they felt this would improve their situation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 5 OF 17 Councilmember Smithson commented in his 15 years in city government he does not recall any rezoning where there was not a lot of opposition. Vice Mayor Dietz commented this one actually gives them more options.They can keep what they have or they can add; whatever they want to do. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented he is glad they are doing this as it needed to be done.However the words overlay zoning scare him.He questioned if someone could ask for overlay zoning in the neighborhoods.He knows there will be things in there that are more restrictive.He does not believe the people are really included in what goes on downtown as this did not go to the ballot and anything referred is challenged in court.He asked if there was a town hall on the downtown overlay district.He added it was great to include the businesses but he wondered about the rest of the community. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Dietz commented there were neighborhood meetings on this to get input, plus meetings with the businesses, and not one person objected to any of this. Development Services Director Brad Steinke stated they have not had an objection and they have had at least two meetings where they have sent out individual letters to property and business owners within this downtown area over the last several months.Six zoning boards were put up.Over 600 notices were sent out the property owners subject to this rezoning and those within 300 feet of the rezoning. Advertisements were placed in the newspaper and the downtown website has been up for six or seven months. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 6 OF 17 Mayor Insalaco commented that it has been available. Vice Mayor Dietz commented anyone living in the city or driving around the city would definitely have seen those signs, and anyone truly interested in finding out about an issue had plenty of opportunity to do it as it was on the website for at least 6 months. Development Services Director Brad Steinke commented he does not know what else they could have done. Councilmember Serdy asked how many council agendas it was on. Councilmember Wilson commented they discussed this overlay program when they had the discussion with G&G when the public was coming in.He recalls one being held right here. Vice Mayor Dietz commented anyone informed would know what was going on. Councilmember Barker commented that would be anyone who was actually interested. Councilmember Smithson commented he found out about it before he even ran for city council and he attended a meeting.He does not own property there. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT ORDINANCE NO. 1378 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 7 OF 17 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Coleman MOVED THAT ORDINANCE NO. 1378, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 11-48, A RECOMMENDATION TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION ) )Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Smithson stated under item number one on the bottom of page one, he suggested they include in the sentence where it says "the proposed Congressional District One which includes communities in Pinal County" should somehow indicate that Apache Junction would like to be included with the other cities in Pinal County. Councilmember Wilson commented he went to one of the meetings that the commission held and one of the commissioners came down and talked to him and stated the resolution will be a very good thing to send to the committee so that they can actually see what our elected officials think and what our constituents think. Councilmember Smithson thanked Councilmembers Wilson, Barker and Coleman for going to some of these meetings to give testimony.They had heard that comments by elected officials seem to carry weight. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 8 OF 17 Councilmember Barker commented it is important to note that the vast majority of people at the meetings that she attended were very much in favor of keeping Pinal County as a whole.It would be two legislative districts, but they would be Pinal County districts, which would allow the communities that have regional partnerships to have the same basic representation.That seemed to be what most people were talking about. Councilmember Coleman asked if she was talking about the state legislative districts. Councilmember Barker stated that is correct. Councilmember Coleman commented he has a little different feeling about that.He is not so strong on number two on this because as he looks at the maps, the compactness of 16 is very attractive to him.He knows that it includes East Mesa, but he honestly shops there more than he shops in Florence.When he was growing up in East Mesa, everything east of Power Road was considered Apache Junction. He will support this, but he feels stronger about number one than number two. Councilmember Barker commented she feels stronger about two than one.Put us both together and we like them both. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated this is a republican state and we probably know which way this will go.There is no diversity and they do what they want.He believes the woman that they are removing from the commission is the only independent. Councilmember Barker commented that is a good point.However, if the council sits back and does not say a word about, she asked if that is not his basic philosophy.We have to get up there and say something. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 9 OF 17 We are saying we do not like this.The commission may do their own thing, but at least they will know how we feel. Councilmember Serdy commented when he looks at the whole thing he does not see democrat and republican.He just wants to see the people represented correctly.We have no business being lumped in with some of these people.Fountain Hills belongs where they belong and we belong where we belong. Councilmember Smithson stated he thinks it makes a big difference who our representatives are, who we can vote for and who we are combined with.He believes it is critical to us. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-48, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUBMITTING RECOMMEDATIONS TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION REGARDING THE PROPOSED CONGRESSIONAL AND LEGISLATIVE DISTRICT BOUNDARIES AND THEIR NEGATIVE IMPACT ON THE CITY OF APACHE JUNCITON AND ITS CITIZENS, BE APPROVED WITH THE FOLLOWING AMENDMENT:THAT IN NUMBER ONE, THE WORDS "IN PINAL COUNTY" BE INSERTED TO FOLLOW THE WORD COMMUNITIES. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT TO FILL A VACANCY ON THE BOARD OF ADJUSTMENT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 10 OF 17 )Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT ANTHONY BOWLER BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2012. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2011-2012 ) )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker asked if this was budgeted. City Clerk Kathleen Connelly stated it was; budgeted and approved. Councilmember Smithson asked if there is an income requirement. City Clerk Kathleen Connelly stated it is based upon age and disability. Councilmember Wilson commented whereas a neighbor can do this and get reimbursed, a family member cannot get reimbursed. City Clerk Kathleen Connelly stated that is correct.One thing that is not allowed is a family member living in the same house. Vice Mayor Dietz commented this has been pretty successful in the past. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 11 OF 17 City Clerk Kathleen Connelly stated it has been very successful. Vice Mayor Dietz stated it is another avenue of transportation for the elderly and disabled that need it. City Clerk Kathleen Connelly stated it frequently is the only means of transportation available to them.It gives people who should not be driving any longer the opportunity to get to where they need to go.It saves money for them as they no longer have to pay for insurance costs on their own vehicles and things like that.If there were more money available, this program could use it. Councilmember Smithson asked how a person would apply. City Clerk Kathleen Connelly stated they go through the East Valley Adult Resources.They should contact them and they will go through the clearance process.They are eligible for the program depending on the availability of funds. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES, INC. FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2011-2012 IN THE AMOUNT OF $26,432.00 BE APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 12 OF 17 TOWING SERVICES REQUEST FOR PROPOSAL NO. PD 2011-02 BID SUBMITTALS briefed the council on the item. )Captain Arnold Freeman Councilmember Barker asked him to explain the ramifications of the three options. Captain Arnold Freeman stated Option 1 rejects all bids.Staff, including the legal department and the city clerk department, would make some modifications and begin a new process.They feel they can do that relatively quickly and move on it to where there is not a delay in service.Option 2 accepts the qualifying bids and moves forward.There could be legal challenges with all 3 options.It is what it is.They feel like Option 1 would allow them the opportunity to clean up some of the language that could prove difficult in the future.With options 2 and 3 they are moving forward; once they move forward in either one of those directions we are reasonably sure there will be legal challenges..He thinks they can remedy several of those by selecting option 1. Councilmember Barker commented he is saying the selection of option 1 may well give us the opportunity to do the right thing, rather than coming back and changing an ordinance and then having to change it over and over again. Captain Arnold Freeman stated that is correct.He thinks they can correct some things, especially minor things.For example, he left in a chauffeur's license and that has not existed for many years.When they moved portions of 885 over, he did not pay attention to that little detail.There are other little things that need to be cleaned up.They believe the residency requirement will be challengeable.Based on conversations with the city attorney, they feel that option 1 would present them with the opportunity to fix it before we move forward. Vice Mayor Dietz asked if they could resubmit the same information. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 13 OF 17 Captain Arnold Freeman stated they can resubmit the same information however there may be some changes to the questionnaire so they would need to read the entire packet.He cannot tell them tonight each and every portion that would be changed as that is a discussion he needs to have with the city attorney to determine which direction they need to go. Councilmember Serdy asked how much it will cost them to resubmit. City Clerk Kathleen Connelly stated there is no charge for the request for proposal. Captain Arnold Freeman commented it is not like they have legal fees on this. City Clerk Kathleen Connelly commented she does not know what they might have done on an individual basis but there is no charge from the city to them for either copies of the request for proposal or for submitting a request for proposal. Councilmember Serdy commented then it would just be a little more man hours. Captain Arnold Freeman stated the bulk of it will move forward.There are just minor modifications.They should read the document and not just transfer information over. Vice Mayor Dietz commented this would hopefully alleviate any lawsuits against the city if they go with option 1 and redefine a few things and make a few changes.It would actually save the city in the long run if there were any challenges or suits brought against the city. Councilmember Smithson stated rejecting all the bids in option 3 is clearly not an acceptable alternative.He would feel badly if they accepted option 1 because of the existing submittals and the work done on them and he is sorry for them, but it seems to him that option 1 is preferable to option 2. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 14 OF 17 Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TOWING SERVICES RFP NO. PD 2011-02 BID SUBMITTALS:PROCEED WITH OPTION 1. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Assistant City Manager Bryant Powell briefed the council on selecting a date and time for scheduling a tour of the Waste Management Eco Center in Surprise, Arizona. There was general discussion by the council and staff as to what day would be best for the council.The general consensus was to do the tour on March 3, 2012. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Dietz MOVED THAT THE TOUR OF WASTE MANAGEMENT'S ECO CENTER IN SURPRISE, ARIZONA, BE HELD ON MARCH 3, 2012 AT 8 A.M. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 15 OF 17 P.M. BE HELD ON MONDAY, NOVEMBER 14, 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, NOVEMBER 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding proper zoning for towing, the requirements on the towing request for proposal, and the number of tow companies in the city. Mr. Elliott Fisher, 547 E. Quail, addressed the council regarding disability transportation not serving the city, his request for damages on his criminal case and referendum, transportation options, and city -initiated rezonings being put on the ballot. Councilmember Serdy commented he agreed with most of Mr. Secor's comments and he is concerned about the zoning.He asked the city attorney to give a worst case scenario and how the city could protect itself from that. City Attorney Joel Stern stated he could not answer at this time as it is not on the agenda.He will do so at his instruction. Councilmember Barker asked if the city manager would have the development services manager remind them about the list of businesses that they checked off that they did not want in the overlay district. City Attorney Joel Stern asked if this is being transferred to Brad or if he is still doing it. Councilmember Serdy commented whoever could do it easiest. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 16 OF 17 City Attorney Joel Stern stated a planner should probably do it. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:05 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 18, 2011. ACCEPTED THIS 15TH DAY OF NOVEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF NOVEMBER, 2011. ATTEST: T TKATHLEEN CONNELLY City Clerk 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 1st day of November, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of November, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 17 OF 17