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HomeMy WebLinkAbout2011-09-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 6, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 6, 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 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 Interim Public Works Director Giao Pham Others Present:Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CITY ATTORNEY'S REVISED EMPLOYMENT AGREEMENT; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he and Councilmember Smithson, besides attending the League of Arizona Cities and Towns Conference last week, attended the Parks and Recreation Conference in Tucson.The city received two awards there.One was for partnering and one was for Young Professional of the Year.He thought it was unique that a number of city parks and recreation employees paid their own way to represent the city at that conference.Our parks and recreation department is recognized as one of the outstanding parks and recreation departments in the state.He thanked them for their services. Councilmember Barker announced she went to Peralta Elementary School today with animal control to speak to fifth and sixth graders on the care of pets.They gave them an assignment to come up with a new name for animal control.Each class will come up with a new name.They will be visiting Superstition Mountain Elementary, Four Peaks and Desert Vista tomorrow.They will see what names they come up with for animal control. Councilmember Wilson commented he wanted to thank animal control.They had another incident with a dog on his property again.He appreciated their assistance in investigating what REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 2 OF 11 happened.The animal was followed home and will hopefully be kept under control in the future.He has animals himself and understands that sometimes an animal gets out. Mayor Insalaco commented while they were down at the League of Arizona Cities and Towns Conference last week, Councilmember Coleman was appointed onto the Board of Directors because of his past experience of being on that and being a former president of the League.It is another honor for the city. CITY MANAGER'S REPORT None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2011-2012 COUNCIL WORK PLAN )Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Wilson commented he received some questions from a new resident asking why the city did not own the water department and the fire department.He thought the city would be responsible when he closed on his house.He has mentioned in the past having a listing that goes to the realtors showing who is responsible for water and fire, the city not having a property tax, and those moving next to large lots may have livestock next door.He talked to Brad about this and he stated he wanted to work on it and include it in some of the ordinances.He would like it included in the work plan.He would like to see it get done. Councilmember Barker stated this involves giving people the knowledge of the water district, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 3 OF 11 fire district and various other things that people need to know about their community.She asked how that fits into ordinances. Councilmember Wilson stated it would be things like the night sky requirements, which is part of an ordinance.They would be trying to let people understand that if they live in the large lot communities, they can have different types of animals.A person moving in there should understand that those animals are allowed.He ran for office because he kept hearing a complaint from one individual about a mule singing every day at 4 a.m.They are loud, and if you are sleeping with your window open, it will wake you up. Roosters do not necessarily crow just at sunrise; they will crow if they are disturbed in the middle of the night. Councilmember Barker commented she is trying to understand how this works into an ordinance.She understands the light ordinance, but questioned how this would be worked into an ordinance. Councilmember Wilson stated some of them are not necessarily an ordinance.That is why Brad stated he would like to work on it.An example is the trash service.The city does not have a trash service.It is up to the resident to get a private company. Councilmember Barker asked if they could work on a pamphlet that would be given out that would cover all of these things that he is talking about. Councilmember Smithson stated the Chamber of Commerce has a very good page on their website that explains all of that.However, people are not always going to look at the Chamber for that information. Councilmember Barker commented we might want to have the information on our own website as well as a pamphlet. Councilmember Wilson stated it would be something over and above strictly the ordinances. Some things will be in the ordinances, but a lot of it is REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 4 OF 11 outside the ordinances.They want to make people aware up front what they are getting when they buy. City Attorney Joel Stern stated they do have pamphlets already on certain items, such as property maintenance.That was worked on years ago.He believes he is looking for something on the website or a central location that will explain everything. Councilmember Wilson stated it should be easily found and gives the general idea.They could even give a referral as to what ordinance it is located in. Mayor Insalaco commented they might even advise that the city was not incorporated until 1978 and they had the fire district and school district formed before that. Councilmember Barker commented that Arizona Water then came in. Mayor Insalaco commented they can then tell them the city did not want to duplicate what was already in place. City Clerk Kathleen Connelly stated her department's website, under frequently asked questions, has the questions covering where someone gets water service, sewer service, trash pick-up, their driver's license and vehicle registration.She suggested it all be compiled in one place either on the website or downloadable format where people could print a pamphlet. Vice Mayor Dietz added they could put in where the schools are located. Councilmember Smithson stated he went to the county planning and zoning commission when they had their first discussion on Superstition Vistas and he intends to attend those meetings whenever he can. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 5 OF 11 This was a discussion item only.Mayor Insalaco closed the item with no further discussion and moved on to the next item. RESOLUTION NO. 11-41, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL LEASE AGREEMENT WITH THE APACHE JUNCTION WATER UTILITIES COMMUNITY FACILITIES DISTRICT FOR LEASE OF PREMISES AT THE APACHE JUNCTION CITY HALL COMPLEX )Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Smithson commented he thinks this is great.However, since the city is being dunned by the state for water resources services because we are a city, he asked if it is reasonable for them to approach the other water company to see if we can recover some of the fees from them. Councilmember Wilson commented he attended a briefing on water at the League of Arizona Cities and Towns Conference.A question came up from the cities about reimbursement of the monies that the cities have to pay out.They said the law is written so that a city can go to a water supplier, in our case Arizona Water, and pass that portion of the bill on for the number of people that they have.It has already been assessed on our water district, but we can also pass it on to Arizona Water. City Manager George Hoffman asked if the city can compel them to pay, from what he understood. Councilmember Wilson stated that is correct. Councilmember Smithson stated he attended a different one and they said that nothing prevents you from billing them, but he did not know they could compel them to pay. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 6 OF 11 City Manager George Hoffman stated they will certainly research that further. This was a discussion item only.Mayor Insalaco closed the item with no further discussion and moved on to the next item. DEVELOPMENT AGREEMENT WITH APACHE PALMS, LLC )City Attorney Joel Stern briefed the council on the item. Interim Public Works Director Giao Pham briefed the council on the easements, right-of-way and box culvert. Councilmember Smithson asked what is there now where the box culvert will be going. Interim Public Works Director Giao Pham stated there is a brand new box culvert there now.It was part of the Winchester improvements. Councilmember Smithson stated there will be an additional easement just east of it that we will be maintaining. Interim Public Works Director Giao Pham stated that is correct.They need to be able to bring city equipment in to clean out any debris.It will be a public easement so that they do not trespass on private property. Councilmember Smithson stated the wall will be at Winchester and Broadway.He asked if that is on the property line. Interim Public Works Director Giao Pham stated that is correct.When they improve Winchester, Broadway will no longer go through.They are looking at reducing the easement on Broadway and giving back some of that so they can meet their setback requirements.The Broadway right-of-way will be a lot smaller east of Winchester. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 7 OF 11 Councilmember Smithson commented the buildings that will have to be moved are the ones on Winchester. Interim Public Works Director Giao Pham stated that is correct. Councilmember Smithson stated they look like they are encroaching on the right-of-way there. Interim Public Works Director Giao Pham stated that is correct.They are having discussions with them now about relocating some of their facilities or existing structures. Councilmember Smithson asked if any of the buildings on Broadway will have to be moved. Interim Public Works Director Giao Pham stated he did not believe so. Mayor Insalaco commented he is sure there is at least one of them up here that will be glad to see that wall up.He has been looking at those trailers for a long time, even though they moved a couple of those old trailers out.It will be a nice enhancement to the area. Interim Public Works Director Giao Pham stated they were going to build a continuous wall along Winchester and Broadway.The last thing they want them to do is to have to relocate that wall at a future date to the future right -of way. Councilmember Wilson stated there are 3 facilities on the north end that are in the red area. Interim Public Works Director Giao Pham stated that is the easement. Councilmember Wilson commented it looks like they extended beyond the easement. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 8 OF 11 Interim Public Works Director Giao Pham stated that is something they will have to work on with the adjacent property owner.They need to be aware they are not only encroaching into the public easement, but into the adjacent property.He will have Joel assist him in trying to notify them that they need to contact that property owner or work with them as far as a private third party agreement.They are trying to make sure it is compliant, as historically encroachment happened before the city was incorporated.We are not going to get 100% compliance, but we will get there as much as we can with this development agreement. This was a discussion item only.Mayor Insalaco closed the item with no further discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, SEPTEMBER 19, 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, SEPTEMBER 20, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher addressed the council regarding the closing statement of his attorney at trial, how much the trial cost him, and that he will be considering his next step. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 9 OF 11 ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:35 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Special Meeting of August 15, 2011. 3. Approval of Minutes of Regular Meeting of August 16, 2011. 4. Consideration of City Attorney's Revised Employment Agreement. ACCEPTED THIS 20TH DAY OF SEPTEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER, 2011. ATTEST: KATHLEEN CONNELLY City Clerk eav.r 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 6th day of September, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of September, 2011. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 10 OF 11 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 11 OF 11