Loading...
HomeMy WebLinkAbout2010-06-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 1, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 1, 2010, 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 Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present:Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks and Recreation Director Jeff Bell Public Works Director David Fern Assistant to the City Manager Matt Busby Others Present:Assistant to the City Manager Ruth Giese REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 1 OF 14 Public Works Manager Shane Kiesow Captain Arnold Freeman Recreation Superintendent Liz Langenbach Community Resource Coordinator Suzanne Strong Grants Coordinator Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF.BID .FOR PW 2009-04, IRONWOOD DRIVE IMPROVEMENTS, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC. IN THE AMOUNT OF $486,000.00 PLUS 10% IN THE AMOUNT OF $48,600 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $534,600.00, AND THAT AUTHORIZATION BE .GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 10-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") APPLICATION, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS A representative from the Lost Dutchman Marathon Committee presented a check in the amount of $20,000 to the Parks and Recreation Department Scholarship Fund and a check in the amount of $1,000 to the police department auxiliary. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy encouraged everyone to explore Arizona this year on their vacations. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 2 OF 14 Councilmember Barker thanked the police department for the great job they did at the high school graduation. Mayor Insalaco commented he participated in the Memorial Day Celebration for the third year in a row at Mountain View Cemetery with all the local organizations.It was a nice ceremony and it was very well done. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell thanked the police department and public works department for their proactive work at the high school graduation.He advised the city manager is out ill. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS HOUSE BILL 2246, FIREWORKS LEGISLATION AND LOCAL REGULATION ) )Apache Junction Fire District Deputy Chief and Fire Marshall Dave Montgomery briefed the council on the item. Mayor Insalaco stated this will not take effect until December of 2010, so it will not be for this Fourth of July. Deputy Chief Dave Montgomery stated that is correct. Councilmember Serdy asked if there had been a fire in Scottsdale yesterday caused by a sparkler. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 3 OF 14 City Clerk Kathleen Connelly stated it was two houses and a dog. Deputy Chief Dave Montgomery stated he had not heard that. Councilmember Serdy commented firecrackers are already illegal, but if you go outside on the fourth of July you hear them.He asked how they enforce that and what the fine is if they are caught. Public Safety Director Jerald Monahan stated he is not sure what the fine is.If the officer was called, it would be handled on a case by case basis, letting the officers use their discretion as to the amount that they have and the potential disruption to the neighborhood. Councilmember Serdy commented they might want to do some kind of press release as this gets closer, similar to what they do about shooting in the air on New Year's and the Fourth.It would be concerning which fireworks are still illegal and to be careful. Councilmember Wilson commented he lives in the rural part of the city.They were reporting that the fire that occurred in Scottsdale was the result of fireworks that are legal.Some kids got hold of them, set them off, the firecrackers got hot and the kids threw them down on the ground into some grass which caught fire, which then caught oleanders on fire, which then caught the house on fire. That fire spread to the neighbor's house.The potential is there, especially in our rural area.He has great concerns about it.They definitely need to be advised as to what they can do and what needs to be done. Councilmember Barker commented page 3, Section 3 infers that an incorporated city or town may regulate this use within its corporate limits, and a county may do the same during times when there is reasonable risk of wildfire in the immediate county.She asked if immediate wildfire only pertains to the county or does it also pertain to municipalities.The sentence is ambiguous. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 4 OF 14 Deputy Chief Dave Montgomery stated he is not sure how to interpret that.He has read the same thing and he has the same question.He would defer it to Mr. Stern. City Attorney Joel Stern stated it read poorly.The whole sentence reads "The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their use is not subject to a governing body except that an incorporated city or town may regulate the use of permissible consumer fireworks within its corporate limits.Any county may limit the use of permissible consumer fireworks within the unincorporated areas of the county during times when there is a reasonable risk of wildfires within the immediate county".The way he reads that, the last phrase only applies to counties.He does not know if attorneys wrote this or elected officials. Councilmember Coleman commented it was probably staff over at the state legislature. He stated on page 5, Item I, under number 3, it states that the state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wild land fire, pre -suppression or unplanned all risk activities. that is current language. stated an attorney wrote that one. what that means. Councilmember Barker stated City Attorney Joel Stern Councilmember Coleman asked City Attorney Joel Stern stated they would be paying dependent on how much the state forester believes reimbursement is needed for certain activities.It is current language. City Clerk Kathleen Connelly commented she believes the key in the sentence is where it says REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 5 OF 14 reimbursement shall be based on the terms and conditions in cooperative agreements.We do not have any cooperative agreement. City Attorney Joel Stern stated they do not at this time.They might say that since there is no cooperative agreement, they will not put the fire out.He does not know how that works. City Clerk Kathleen Connelly stated this group would have to approve the cooperative agreement. City Attorney Joel Stern stated that is correct. Vice Mayor Eck commented he read an article this weekend where the cities and towns would have their own power over it.They can change it.However, he might have read that wrong. Councilmember Barker stated that is already in here. Vice Mayor Eck asked if they have a balanced budget for the state.He does not understand why they can fire them off in neighborhoods where they are loud, noisy and bother people, or they can go to the desert and light fires.He does not know why this bill is necessary.He does not understand it.He does not know why they would want to make fireworks legal in Arizona.He did his share of fireworks as a kid when his parents would take him down to Nogales.He would fill the trunk with fireworks that they did not know were there. He got lucky and did not light any fires.He thinks they should control it as much as possible.If they put this all over the state, with kids playing with sparklers, every fire department will be out on the weekend putting out fires.In these times, with the problems that are going on, it is hard to think of passing legislation to allow fireworks. Mayor Insalaco commented he hates to be another wet blanket, but coming from New York the ground never dries up.When the sparklers were a half inch REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 6 OF 14 long, they would throw them through the air.When they hit the ground, the moisture in the ground would put them out.We have no moisture in the ground here.That is the part that scares him.They say sparklers are not dangerous.Let one of them hit the dry brush out here. City Attorney Joel Stern stated the City of Sedona has a similar model ordinance that the chief identified.However, it has not gone to the point of adoption yet. They have certain options.One is they eliminate the ability to use the permissible consumer fireworks.Allow them, but only on national holidays, or only at public parks, or only at sponsored nonprofit organizations.The nonprofit would conduct the firework demonstrations.There are some other interesting things in it like requiring a conditional use permit to have the event.There is zoning being thrown into this.It has not been acted upon yet, but a lot of cities are looking at it.He received it at the annual attorney meeting two weeks ago. Mayor Insalaco commented instead of all the rigmarole, they should just say no. City Attorney Joel Stern stated there are certain things they can and certain things they cannot. Vice Mayor Eck asked how long the deputy chief had been doing this. Deputy Chief Dave Montgomery stated he had been doing this for 20 years. Vice Mayor Eck asked if he could ever imagine fireworks being legal in -Arizona. Deputy Chief Dave Montgomery stated he would not have imagined that it could have gotten to this point.If they would have limited it to just sparklers, he probably would not lose any sleep over it.But it went beyond that.Each year, especially as July Fourth comes along, they are down at the high school for the annual city -sponsored event which is always very safe.They have never had any incidents REGULAR MEETING OF:THE CITY COUNCIL JUNE 1, 2010 PAGE 7 OF 14 there.He looks around at the neighborhoods and sees the consumer fireworks being used and that is what really scares him.Now that it will be somewhat easier to get those fireworks, that threat level has gone up a little bit.They are concerned about it and they want to do the right thing.They want to help the citizens celebrate safely, but at the same time they want to protect life and property.They have had a great relationship with the police department through the years in working to help mitigate when they find people with illegal fireworks.The police department always contacts the fire district and we meet with them, help confiscate the fireworks and get rid of them safely. City Attorney Joel Stern stated under the intergovernmental agreement his department prosecutes the cases that come through the fire district.If they are juveniles they go to the county. Assistant City Manager Bryant Powell stated this is for discussion now.They have the December 11th date.We are watching the model cities' ordinance that is being done by the League.He does not know what the next step is. Councilmember Dietz commented they have plenty of time to get something through before it goes into effect. Mayor Insalaco asked if the city attorney thought someone was lobbied to do this. City Attorney Joel Stern asked if he meant an attorney or, a politician. Mayor Insalaco asked if maybe someone in fireworks had. City Attorney Joel Stern stated he does not know.There is_a lot of money in it. Public Safety Director Jerald Monahan stated they will be going .to work with the fire district to do a joint public .safety agreement andfollow up on that REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 8 OF 14 suggestion.They have time to go to work and make this a media campaign and look for the citizens to use reasonable care as they try to enjoy their fireworks. Mayor Insalaco closed the discussion and moved on to the next item. FISCAL YEAR 2009-2010 COUNCIL WORK PLAN )Assistant to the City Manager Ruth Giese briefed the council on the accomplishments of the City Council with regard to the legislative work plan and other accomplishments that were not on the work plan that were pursued. Councilmember Barker asked if they would get a copy of this. Assistant to the City Manager Ruth Giese stated they would. Councilmember Dietz commented he thinks it is amazing what the grant money has accomplished. It was a consensus that Roger and Heather have been busy. Vice Mayor Eck commented that the council is not doing the work on this.They are just pointing the fingers.Staff is doing all the work.It has been a terrific job. Councilmember Dietz commented this is millions of dollars of things that the public did not have to pay for.It did not come out of the general fund. Assistant City Manager Bryant Powell stated the city manager would like them to start thinking about their work plan for next year.They will begin working with Ruth and Matt Busby to think about ideas for next year. RESOLUTION NO. 10-17, AUTHORIZING THE SUBMISSION OF A GRANT REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 9 OF 14 APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2010 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT )Captain Arnold Freeman briefed the council on the item. Vice Mayor Eck asked if he is asking them for $469.20 for their match. Captain Arnold Freeman stated that is correct. It was a consensus that it sounded good to them. Councilmember Barker commented she wanted to give him kudos for covering everything she could have possibly wanted to ask.The warranties, the supplies, everything is in this packet. Captain Arnold Freeman stated they will go live on June 18 and discontinue the use of paper tickets for the motor officers and those assigned to the emachines.They will not have to order so many paper tickets. City Clerk Kathleen Connelly stated there is no vote on this tonight.It will be on their agenda in two weeks. Mayor Insalaco closed the discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA -21) PROPOSED STATE PROJECTS FOR ROUND 18 FUNDING) )Grants Coordinator Roger Hacker briefed the council on the item. Councilmember Serdy commented these are kind of hard to interpret as some of them overlap. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 10 OF 14 The Highway 88 intersection is on two of them.He is for the one that would have the most impact on the downtown and bringing people down there in the future.It is either number 2, 3 or 4. Number 1, the east entrance, is way too expensive.It is for the future.He asked his opinion on which one would be in the zone for the triangle of the old Grand Hotel.If anything is ever developed there, it would have the most impact to us. Grants Coordinator Roger Hacker stated he would think they would get the most bang for their buck and make the biggest statement if they did the Old West Highway and the Idaho Road intersection. Councilmember Serdy stated that is a corner of that property. Grants Coordinator Roger Hacker stated that is correct.They could do a complete project with up to $1,000e 000, unlike Idaho Road where they would have to do it in segments.They would have to wait another 3 years until they could apply for additional funding.In terms of option 4, the Highway 88 and Superstition Boulevard roundabout, the city needs to do a couple of steps outside of the TEA -21 program that would actually build the roundabout.The city would have to come back at a future date and ask for the enhancement to do the landscaping.He suggested they take number 4 off the table. Councilmember Barker commented if they decided on the local project, which they did on May 17 to do an enhancement project on North Apache Trail from Apache Trail to Idaho, that if the state project then were to be the enhancement of that Idaho intersection, they would fit together rather than doing a project here and another over there.They would be going in some sort of linear fashion. Councilmember Serdy commented it would also tie into anything they are doing at the focal point. Councilmember Barker commented it would also tie into the Plaza Drive piece because REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 11 OF 14 that will come out that way.We will have several pieces of. those spokes worked.on•already if they are to go that route. Vice Mayor Eck asked if they are looking at different funding because of future development on the issue of coming into the community on the freeway. Grants Coordinator Roger Hacker stated that is his understanding. Vice Mayor Eck stated that is a real important one to him.He thinks they will have a lot of people if they get something good there. Councilmember Barker asked if he is just looking for the state project here.She thought they had already voted on the local project. Hacker stated that is correct. on what the items. discussion and called for a motion. Grants Coordinator Roger There was general discussion Mayor Insalaco closed the Councilmember Barker MOVED THAT THE: FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE TRANSPORTATION EQUITY ACT OF THE 21ST CENTURY (TEA -21) PROPOSED STATE PROJECTS FOR 'ROUND 18 FUNDING:BE NUMBER TWO, OLD WEST HIGHWAY AND IDAHO ROAD '(HIGHWAY 88) INTERSECTION LANDSCAPING AND DRAINING,IMPROVEMENTS.: Councilmember Dietz SECONDED THE MOTION: VOTE:Unanimous-. The motion carried. SELECTION'OF:MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 12 OF 14 Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 14, 2010, 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, JUNE 15, 2010, IN THE CITY COUNCIL CHAMBERS. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Joy McNulty, 958 E. Friar Avenue, addressed the council regarding her concerns on House Bill 2246 and requested the city take action to reduce the damages caused by fireworks. Councilmember Barker thanked her for her comments and added the language on toy pistols and toy guns and other devices in which paper caps are placed is part of the early language.It is not part of the current language; that was the bill she was fighting with before. Vice Mayor Eck commented his uncle and his best friend were horsing around when they were kids, lighting firecrackers, tossing them and letting them pop.His friend lit the firecracker and did not throw it in time and it blew his finger off.It was just a regular firecracker. ADJOURNMENT )Mayor Insalaco adjourned. the meeting at 7:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of May 15, 2010. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 13 OF 14 3. Consideration of PW 2009-04, Ironwood Drive Improvements, award of bid to Visus Engineering Construction, Inc. in the amount of $534,600.00. 4. Consideration of Proposed Resolution No. 10-13, authorizing the use of local funds as leverage for the City's Fiscal Year 2010 Community Development Block Grant application. ACCEPTED THIS 15TH DAY OF JUNE, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JUNE,010. ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO ayor 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 June, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of June, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 14 OF 14