Loading...
HomeMy WebLinkAbout2010-02-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 16, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 16, 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 7:05 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (Vice Mayor Eck and Councilmember Barker were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Economic Dev. Director Steve Filipowicz Asst. to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 1 OF 16 Others Present:Captain Arnold Freeman Public Works Manager Shane Kiesow Grants Specialist Roger Hacker Judge James Hazel Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PROJECT PW 2009-03, IMPROVEMENTS FOR DELAWARE DRIVE FROM APACHE TRAIL TO SUPERSTITION BOULEVARD, BE AWARDED TO M R TANNER DEVELOPMENT AND CONSTRUCTION IN THE AMOUNT OF $169,225.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $16,922.50 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $186,147.50; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF TWO FORD CROWN VICTORIA PATROL VEHICLES FROM STATE CONTRACT NO. P7B/SCC070008-2 THROUGH FIVE STAR FORD FOR AN AMOUNT NOT TO EXCEED $51,451.68, INCLUDING TAX, AS REPLACEMENT VEHICLES TO BE USED BY THE POLICE DEPARTMENT PATROL DIVISION. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Pinal County Supervisor Bryan Martyn complimented city staff on their assistance with the Lost Dutchman Marathon.He then presented a check in the amount of $1,000 as a donation towards the purchase of fireworks for the Fourth of July Celebration. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco commented the Lost Dutchman Marathon was great for the city and the whole area.He talked to people from all over the world who came to the race.He thanked the parks and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 2 OF 16 recreation staff and all the volunteers who assisted and thanked the community for all its support. CITY MANAGER'S REPORT City Manager George Hoffman commented on economic development in the traditional sense and tourism.He read some comments from the Lost Dutchman Marathon website.He thanked the mayor, Councilmember Barker, city staff members, Lost Dutchman Marathon committee members, and everyone else who assisted at the event. They have been communicating with State Parks management to keep Lost Dutchman State Park open; there is a meeting on it tomorrow morning. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Denny Walter advised they are only requesting it for February 25, not both February 25 and February 26.Everyone will be at the rodeo grounds February 26- 28. 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 discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR ELKS LODGE #2349, SUBMITTED BY DENNY WALTER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 3 OF 16 Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LA RAZA STEAKS AND RIBS )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Gilbert Martinez addressed the council.They have been open already, but they want to let everyone know that they are open.They will have fencing around and security so that no one can leave with liquor.He invited everyone to attend. 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 discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LA RAZA STEAKS AND RIBS, SUBMITTED BY BLANCA MARTINEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPEAL TO DEVELOPMENT FEE ORDINANCE) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 4 OF 16 )Development Services Director Brad Steinke briefed the council on the item. Councilmember Dietz commented it states in their packet that this is a public hearing only and no action was to be taken on this tonight. Development Services Director Brad Steinke stated they do not have to take action tonight, but because the time clock is ticking, there is a time period within which they must take action. Councilmember Dietz commented it states they must take action by March 21. Development Services Director Brad Steinke stated they must have a decision by March 21. Mayor Insalaco opened the public hearing on the item. Ms. Debbie Johnson, the applicant, stated she has bought the property on Acacia.It is a developed piece of land with water, sewer and electricity. She was fortunate enough that they removed the debris before she purchased it, but the debris was removed two years ago.She asked if they would waive the fee so that she can move her home on the property without any more financial troubles. Councilmember Coleman asked if they could comment. City Attorney Joel Stern stated since this is the applicant it is not really part of the public hearing.They can ask her questions and she can ask questions in return.They can then reopen the public hearing. Councilmember Coleman commented he does not have any questions for her.He wanted to say the intent of the development fees is for an increase in the usage.This one is not an increase in the usage or intensity like others are.In his opinion, it should not be applied in this case. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 5 OF 16 Ms. Debbie Johnson thanked him and commented she likes the way that the monies are divided and where it is supposed to go.They are good places for the money to go. Mayor Insalaco reopened 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 Wilson commented he talked to two other people this week that are basically doing the same thing.They purchased land that formerly had mobile homes on them.They were kind of blindsided.One of them wants to put a manufactured home on it, the other wants to build a stick built home on it.In talking to one owner that has removed an old mobile home, he removed it because vagrants were coming in and taking it over.He did not want the liability costs on it.He did not know when he removed it that he would be faced with development fees.It is not just her, it is also affecting others. City Clerk Kathleen Connelly asked if the council is prohibited from voting on this tonight. City Attorney Joel Stern .stated he did not believe so.They have the window.They could also continue it to a date certain such as the next meeting or the one after that.It must be done before March 21. Mayor Insalaco commented the sooner they solve this, the better. Councilmember Serdy commented 365 days is okay, but if they go to 366 days it is a problem. He has a problem with that time limit. Mayor Insalaco commented they all do. Councilmember Dietz commented he would like to see that changed in the ordinance.He does not know if it needs to come back as a direction to staff:or what REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 6 OF 16 the process would be to get that taken care of.It needs to be looked at and squared away. City Attorney Joel Stern stated it would have to be a separate ordinance to change it in the future. Councilmember Dietz commented he understands that.This is one that they need to look at and take care of so that they do not inconvenience people in the future.He believes everyone on the council is in agreement that this is not something they would want to do. Mayor Insalaco closed the discussion and called for a motion. Councilmember Wilson MOVED THAT WE WAIVER THE IMPACT FEES FOR DEBBIE JOHNSON'S PROPERTY, AND THAT WE LOOK AT CHANGING THIS ORDINANCE IN THE NEAR FUTURE. City Attorney Joel Stern stated the first part of the motion is valid but they cannot observe the second part as it is not on the agenda. Councilmember Wilson WITHDREW THE SECOND PART OF THE MOTION AND JUST WAIVERED THE FEES FOR DEBBIE JOHNSON. Councilmember Dietz SECONDED THE FIRST HALF OF THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1357, ADDING NEW SUBSECTION (K) TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4 FEES, ARTICLE 4-8, SECTION 4-8-1 ) )Judge James Hazel briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 7 OF 16 Councilmember Dietz commented this is great.He is glad they are bringing it up because this will actually pay for this person's salary and benefits. Mayor Insalaco opened the public hearing on the item. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, addressed the council.He commented he is with a group called the White Hats and they have a gentleman that is working a probation period.In these economic times, he does not have $65 a month.He asked if they could do work or something.It seems like a hardship being put on top of a hardship. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Wilson asked what would happen with a situation like that just mentioned. Judge James Hazel stated it would be up to the city attorney.He would have to say if he could pass on the fee. City Attorney Joel Stern stated he would not overrule a judge. Judge James Hazel commented it is a great question.In these economic times, there are many people that have difficult circumstances.The purpose of this ordinance is to fund the services that the city needs to provide.At the same time, if a person has a hardship, he will waive the fees.That is one of the reasons they came up with the city work crew that they are using, including the hard work of Mr. Bell, as well.On Tuesday and Thursday mornings they have up to 15 people who owe fines to the city who are doing community service work for the city cleaning the streets around the right-of-ways.Our new probation officer has met with the senior center about having some of these people serve the meals and clean up after the meals.They are doing the same thing with the food bank.He has always been willing to have a REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 8 OF 16 person, if they cannot afford it, work off their fine.The focus they will have in the future is if they are going to do that, it will be of direct benefit to the city.The new probation officer has already met with the parks superintendent and they will do some work on the trail system.They always give the person the opportUnity to work it off if they cannot afford to pay.In the future, they will require they do it as a direct benefit to the city. Councilmember Dietz asked if that takes care of Mr. Weller's concern. Mr. Mike Weller stated it does. Councilmember Serdy asked how they determine the rate that they would be paying it off. Judge James Hazel stated Judge Alexander established a rate at $7.50 an hour.That is the rate he uses as he thinks it is fair.If a person comes within a hundred dollars and has been doing a good job, then they will give them additional benefit, especially if they have been showing up every week.We had one gentleman who showed up every work crew day in January on time and did his work.He owed about $100 or $120 yet.He told him he has done everything he has been asked to do and he had followed his orders, so he waived the remainder of his fine and excused him.They also have parks workers write notes to him and let him know if they are good workers and compliant.If the person is successful, he will talk to him and tell him he did a good job and they appreciated him showing up each time. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1357 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Coleman SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 9 OF 16 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1357, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a quick break. Mayor Insalaco reconvened the meeting. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 10-01, AUTHORIZING THE SUBMISSION OF AN ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT APPLICATION ) ) Grants Specialist Roger Hacker briefed the council on the item. Councilmember Coleman asked what is on the Maricopa County side of the piece of property involved. Economic Development Director Steve Filipowicz stated there is a residential subdivision.Our REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 10 OF 16 vision, based on a preliminary analysis, is the site is not suitable to residential development due to fissures.They might be able to use if for a business park such as an employment center.It has been in the works for several months as staff has interacted with several state agencies. Councilmember Dietz asked if this had been discussed with anyone from the City of Mesa. Economic Development Director Steve Filipowicz stated it has not. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT RESOLUTION NO. 10-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE BROWNFIELDS PROGRAM FOR ENVIRONMENTAL ASSESSMENT THROUGH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY BROWNFIELDS STATE RESPONSE GRANT PROGRAM AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED ENVIRONMENTAL ASSESSMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED. THE MOTION. VOTE:Unanimous. The motion carried. PRESENTATION AND DISCUSSION ON THE EXPANSION OF THE CENTRAL ARIZONA COLLEGE CAMPUS president of Central item.Mr. John Irwin campus for the future the college. Arizona Councilmember Dietz SECONDED College, Mr. Dennis Jenkins, briefed the council on -gave a presentation on their plans for the the and the partnership between the city and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 11 OF 16 Councilmember Dietz asked if the entrance off of Old West Highway Would still be used. Mr. John Irwin stated they will be eliminating those entrances as there will be a significant drop off of almost 15' to the parking lot.They will be closing them in the end.They will only have the 3 entrances listed in the powerpoint presentation. Councilmember Serdy commented he did not recognize the old campus in the master plan.He asked if it would be torn down. Mr. John Irwin stated in the master plan the old buildings will be eliminated, but that is long term.The first phase calls for them constructing a 40,000 to 50,000 sq.ft. building.It has not been planned yet.It will be incorporated into the existing site.Once they get out to 500,000 or 600,000 sq.ft., the location of the existing buildings will be a parking lot.They do not have a timeline on that.It depends on the growth on the campus in the future and the student population. Councilmember Coleman commented he is pretty excited about this expansion.He asked if they are planning for a football stadium. Mr. John Irwin stated it has been mentioned that the master plan looks like a football .or an .eye, depending on your view.There is no plan for a football stadium where the water retention area is.There is the _possibility for fields.Community member feedback was not to put lights in, but the •retention area could be a park in the long run. Mayor Insalaco closed the presentation and moved on to the next item. :RESOLUTION NO. 10-,04, A RESOLUTION TO THE ARIZONA STATE -PARKS BOARD SUPPORTING CAPITAL IMPROVEMENTS AT LOST DUTCHMAN STATE PARK :REGULAR MEETING OF THE :CITY COUNCIL 'FEBRUARY 16, 2010 PAGE 12 OF 16 )Economic Development Director Steve Filipowicz briefed the council on the item. Councilmember Serdy thanked everybody that got behind this.We made such a ruckus that we got on their radar and they realized what this park means to us. If we had gone quietly into the night, they would have closed it.Everybody that stood up, called and wrote letters, it all pays off and helps.That is why they are having this meeting tomorrow. Economic Development Director Steve Filipowicz stated he would like to acknowledge a packet they will be presenting tomorrow that, assuming council adopts this resolution, will be the lead piece.We have another resolution and letter of support from the Friends of Apache Junction.Moments ago, Supervisor Martyn handed him a letter of support.He also has letters of support from the Superstition Mountain Historic Society; the Apache Junction Police Officer Association Fraternal Order of Police; East Valley Partnership; Liberty Water, which is a private industry that was at the Pinal Partnership breakfast this community help host last Friday morning; Friends of Apache Junction Library; Pinal County Economic Development Department; and two private citizen emails. There is also a letter from the Arizona State Horsemen's Association on the way. Councilmember Wilson asked if they now have it as it was attached to the email. City Manager George Hoffman stated he has it. Economic Development Director Steve Filipowicz stated they are leaving at 8:45 tomorrow. Councilmember Wilson commented the state senate should have one as well. Economic Development Director Steve Filipowicz stated State Senator Rios is believed to have also sent a letter of support directly to the parks board. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 13 OF 16 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 10-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF EXTENSION OF THE .2% CITY SALES TAX) )City Manager George Hoffman briefed the council on the item. Mayor Insalaco called for any discussion.There was none.He then called for a motion. Councilmember Dietz MOVED THAT STAFF BE DIRECTED TO PREPARE AN ORDINANCE FOR AN EXTENSION OF THE .2% SALES TAX IN COMPLIANCE WITH STATE LAW AND THE MODEL TAX CODE, AND BRING IT BACK AT A FUTURE COUNCIL MEETING. Councilmember Coleman SECONDED THE MOTION. Councilmember Serdy asked if the motion is just to study the tax.It is not endorsing it as of yet. Councilmember Dietz commented it is just bringing the ordinance back. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 14 OF 16 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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, MARCH 1, 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, MARCH 2, 2010, IN THE CITY COUNCIL CHAMBERS. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Rob Evans, 1434 N. Cortez, Apache Junction, representing Superstition Mountain Mental Health Center as its chief executive officer, addressed the council regarding the Superstition Mountain Mental Health Center Board of Directors' support for the extension of the .2% percent sales tax. Mr. Stephen Fugate, 2225 N. Cortez, Apache Junction, representing the Apache Junction Police Officers Association, addressed the council regarding their support for the extension of the .2% percent sales tax. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the council defending peoples' rights. Ms. Colleen Hill, 1615 W. Mockingbird, Apache Junction, addressed the council regarding her support for the extension of the .2% percent sales tax and to request the library hours not be reduced. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:19 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 15 OF 16 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of February 2, 2010. 3. Consideration of award of bid for Project PW 2009-03 to M R Tanner Development and Construction for Delaware Drive Improvements in an amount not to exceed $186,147.50. 4. Consideration of approval of the purchase of two replacement Ford Crown Victoria patrol vehicles from Five Star Ford in an amount not to exceed $51,451.68. ACCEPTED THIS 2ND DAY OF MARCH, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF MARCH, 2010. ATTEST: KATHLEEN CONNELLY City Clerk OHN 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 16th day of February, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of February, 2010. KATHLEEN CONNELLY V City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 16, 2010 PAGE 16 OF 16