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HomeMy WebLinkAbout2010-08-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 17, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 17, 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 Coleman 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:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Giao Pham Public Works Director David Fern Economic Dev. Director Steve Filipowicz Asst. to the City Manager Matt Busby Others Present:Captain Arnold Freeman Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 1 OF 17 Library Manager Spencer Paden ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck 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 AND THE REAPPOINTMENT OF COUNCILMEMBER.SERDY AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT RESOLUTION NO. 10-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE ARIZONA EARLY CHILDHOOD DEVELOPMENT AND HEALTH BOARD'S PINAL REGIONAL PARTNERSHIP COUNCIL FOR FISCAL YEAR 2010-2011 FIRST THINGS FIRST GRANT FUNDS; AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE GRANT, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman commented the public works department is out dealing with weather problems at this time and there is now residential curbside recycling in some parts of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 2 OF 17 There was general discussion as to whether the recycling information could be put on the web page.It was determined it would probably not be legal and that the media may get the word out. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not present. He then 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. Vice Mayor Eck commented it shows that the fire district is serious about these liquor licenses as they are doing their homework. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON, SUBMITTED BY KIMBERLY ANN GUETHLE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 10-16, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 3 OF 17 EASEMENT LOCATED ON ROUNDUP STREET BETWEEN ACACIA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX -10-02 ARE NO LONGER NECESSARY FOR PUBLIC USE City Engineer Giao Pham briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant declined. Councilmember Dietz asked if the 4 different lots were all on board with this extinguishment. Vice Mayor Eck commented they are like so many they have done over the last couple years. City Engineer Giao Pham stated that is correct.As they have more time, staff would like to go and look at this in a larger area instead of doing them one at a time.It would save the city time.These federally patented easements occurred back in the 1950's and 1960's.With the physical constraints of washes and utilities in that area, it does not make sense to put high density zoning in this area.They need to look at where they need the infrastructure or the roadway and then extinguish or abandon certain areas that we do not need. Vice Mayor Eck commented once they started looking at them, they are really a burden to the homeowners.They could not get anything out of them. City Engineer Giao Pham stated there are restrictions when it comes to the easements. When we extinguish this, they are able to utilize their land and build in certain areas based on setbacks from the planning department. 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. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 4 OF 17 Councilmember Coleman MOVED THAT RESOLUTION NO. 10-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON ROUNDUP STREET FROM ACACIA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX -10-02 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. OLD BUSINESS ADOPTION OF FISCAL YEAR 2010-11 CITY COUNCIL WORK PLAN )Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Dietz asked if the little red box contains the building permit grace period. Assistant to the City Manager Matt Busby stated it is.He did not see it in the packet earlier. Councilmember Dietz asked if it needed to be read into the motion this evening. Assistant to the City Manager Matt Busby stated they do not.He originally thought they did, but Councilmember Wilson pointed out that it was already in there. Councilmember Coleman asked if they are proposing that staff and council explore people who build without having their buildings inspected for safety, who can add on without permits, and would then be able to go back and retroactively get a building permit if they get caught without any kind of penalty. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 5 OF 17 Councilmember Wilson stated it would be for a period of time.They would set up a time period of one or two months that would be okay.He would like it publicized to try to get some of the problems that are out there.He would like people to come forward voluntarily say they had enclosed their Arizona room. Councilmember Coleman stated that would be so that they could make it legal now. Councilmember Wilson stated now they would want to make what they have done legal.They will be able to do so, but it would only be for a period of time, not forever.A lot of cities do it.Chandler did it. Councilmember Coleman commented it would be our own amnesty program.The problem is that people, especially if they are going to sell the property, will do it without trying to pay for the inspections and that sort of thing.The ones that buy it get stuck with the substandard buildings that leak, like ours is right now.At least we have some guarantees to go back to.He does not know that he wants this.He asked if this is a vote for the whole thing or nothing. Assistant to the City Manager Matt Busby stated it is up to the council how they want to vote for this. Councilmember Barker commented it seems to her that the word explore would give the council the opportunity to either say this sounds really good or this sounds like a really bad idea. Councilmember Coleman commented he thinks it will have some unexpected consequences. People may think that now they can do it without going through the proper procedures.If they get caught, there is no penalty. Councilmember Barker asked what happens to those people that were caught prior to this time that did have to pay the penalty, and those people who will get caught after this period of time who will also have to pay the REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 6 OF 17 penalty.We are darned if we do and darned if we don't.It becomes strange. City Manager George Hoffman stated he passed along to them a week or two back an article that Kathy had forwarded to him.Chandler was wrestling with the same issue and was exploring or was going to explore the same policy.We are not the only municipality that has come up against this problem of people building without permits.It comes up and they have to decide what to do about it. Councilmember Coleman commented he guesses he could explore but he does not know how much time it would take. Vice Mayor Eck commented he does not completely get their retroactively submitting an application for building permit without being charged the typical double permit fee. City Manager George Hoffman stated that is what we are doing now.The phraseology needs to be changed so that it is more exploratory about the issue of unpermitted structures.They could take out some of the detail that would still allow them to explore the policy issue of what you do with structure or additions that have been built without benefit of permit. Councilmember Wilson commented it comes down to the fact that some people sell their houses.This could be something that they do before they sell the house.It would be for a period of time that the council determines, and if they come in afterwards, they will be subject to a fine.If they have been fined before, then that is the same.He has seen this done in other cities, some with parking tickets, where they try to clear the books.It is an idea to try to encourage people.He does not know what the full ramifications are.His idea is to look into it to see if it is feasible, and what the benefits are and the non -benefits.He wants to look at both sides of the issue. Councilmember Serdy commented they could do it with library fines. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 7 OF 17 Vice Mayor Eck asked if they want to encourage people to be proactive or will it come back to haunt them. Mayor Insalaco commented he is having a problem with this. Councilmember Barker commented she does not have a problem with exploring the idea. Vice Mayor Eck commented he does not either. Councilmember Barker commented the case that he gave is from Chandler.It dealt with a woman who purchased a home and was unaware that a bedroom or study had been added sans permit.She had not gotten that appropriate information when she bought her home. Councilmember Coleman commented which we have had happen here. Councilmember Barker commented they are caught between the buyer beware and the other portion of that. City Attorney Joel Stern commented under public safety towing request for proposals, it has been brought to his attention from a member of the public that they did not know it is supposed to be for one vendor. This talks about a request for proposals to select one vendor through the bid process.He is not sure that is the council's intent. Councilmember Barker commented she was not aware that they were looking at a single vendor.She thought they were looking at a bid process for all vendors so that we keep it a level playing field. City Attorney Joel Stern stated the language could be easily fixed by, right after request for proposal process, they put a period.They would be deleting "to select one vendor through the bid process".He REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 8 OF 17 suggested they put "for towing services" before the period and after process. Councilmember Barker stated it would read "the request for proposal process for towing services". City Attorney Joel Stern stated that is correct.That would fix that. Councilmember Barker commented everything is in here that the council had requested with the exception of that additional language. Councilmember Dietz commented he has an additional item in the internal issues category; research and possible consideration of amending the city tax code regarding a use tax and amending the city tax code regarding a city wastewater removal service tax.He would like to take a look at the possibility and feasibility of doing those.He would like them added to the work plan to explore those options. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE COUNCIL WORK PLAN FOR FISCAL YEAR 2010-2011 BE ADOPTED WITH THE FOLLOWING ADDITIONS:THAT UNDER TOWING RFP, COUNCIL HAS EXPRESSED INTEREST IN IMPROVING AND STREAMLINING THE CURRENT VEHICLE TOWING PROCESS FOR POLICE -RELATED MATTERS.THE DISCUSSION WILL INCLUDE THE POSSIBILITY OF GOING THROUGH THE REQUEST FOR PROPOSAL PROCESS FOR TOWING SERVICES.AND, IN THE INTERNAL ISSUE CATEGORY, ADD RESEARCH AND POSSIBLE CONSIDERATION OF (1) AMENDING THE CITY'S TAX CODE REGARDING A CITY USE TAX AND (2) AMENDING THE CITY'S TAX CODE REGARDING A CITY WASTEWATER REMOVAL SERVICE TAX. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 9 OF 17 The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF POSSIBLE CITY CODE MODIFICATIONS ALLOWING HOSPITALS TO PLACE PERMANENT SIGNAGE IN THE PUBLIC RIGHT-OF-WAY OR ON PUBLIC EASEMENTS FOR IMPROVED VISIBILITY ) )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Dietz commented it is a good deal as long as people can see where they need to go. Councilmember Barker asked if it says 24 hour medical care in this.To her, that is important.They have other "hospitals" that are not 24 hour medical care. Senior Planner Rudy Esquivias stated he thinks they could add that into the motion, that they are talking specifically about 24 hour medical care facilities. Mayor Insalaco commented he does not think 24 hours is in there anywhere.He then closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING POSSIBLE CITY CODE MODIFICATIONS ALLOWING HOSPITALS TO PLACE PERMANENT SIGNAGE IN THE PUBLIC RIGHT-OF-WAY OR ON PUBLIC EASEMENTS FOR IMPROVED VISIBILITY:SPECIFICALLY THOSE OFFERING 24 HOUR MEDICAL CARE. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 10 OF 17 VOTE:Unanimous. The motion carried. REMOVAL OF JASON RUSSELL FROM THE PLANNING AND ZONING COMMISSION, HEALTH AND HUMAN SERVICES COMMISSION, AND INDUSTRIAL DEVELOPMENT AUTHORITY; MANNER IN WHICH TO FILL THE VACANCIES INCLUDING DATE(S) FOR APPLICANT INTERVIEWS AND APPOINTMENTS; POSSIBLE APPOINTMENT OF INDIVIDUALS TO FILL THE VACANCIES )Mayor Insalaco asked what the council wanted to do.They have talent bank applications already on file in their packets.He knows the Health and Human Services Commission position needs to be filled as soon as possible.He called for a motion for the Planning and Zoning Commission, and then stated they first have to remove Jason Russell. Councilmember Barker MOVED THAT JASON RUSSELL BE REMOVED FROM THE PLANNING AND ZONING COMMISSION, THE HEALTH AND HUMAN SERVICES COMMISSION, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker commented last night Councilmember Dietz suggested we do all of these appointments at one time and that we put out another call for talent bank applications because the applications that we have are, some of them, very old.She does not know if that is something the entire council wants to do or not. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 11 OF 17 Councilmember Dietz commented it was also discussed last night where some of us wanted to make a few motions this evening to fill some vacancies. Vice Mayor Eck commented that honestly, when they made the motion 9 months ago or so he missed Tess Nesser.He had her as one of his appointments.She did not get reappointed to the Planning and Zoning Commission.He is more than willing to take a look at the other people for the other boards as he knows they do get quite a few.Tess has several years of experience on Planning and Zoning and he thinks she will be very helpful as always.He MOVED TO APPOINT THERESA NESSER TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2012. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz asked how soon the Health and Human ServicesCommission meets again. City Clerk Kathleen Connelly stated this is the time of year, once the budget has been approved.They convene to go over the funding requests and narrow down their choices.They meet with the applicants and then present their recommendations to you.This is their time. Councilmember Dietz asked if they have started. City Clerk Kathleen Connelly stated not yet as we have not been able to get a quorum. Councilmember Dietz asked where they are -at right now since Mr. Russell has been removed. City Clerk Kathleen Connelly stated we are: down to tour of five members-It is a five ,member commission; this would reduce it to four. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17,2010 PAGE 12 OF 17 Councilmember Dietz commented it would be in our best interest to appoint another member of the Health and Human Services Commission. City Clerk Kathleen Connelly stated if they have a suitable applicant it would be very helpful to the commission. Councilmember Serdy commented he would like to see them get more applications and get some more people involved.We do have the same people on all the boards.Some boards do not meet very often, but he was under the impression that people should not really serve on multiple boards.He does not know if there is someway they can look into that in the future.He is just throwing that out for discussion. Councilmember Coleman agreed with Councilmember Serdy. Vice Mayor Eck commented he .agreed also, .and _asked if staff could go back to those that are on file and notify those people that .there are positions coming up.He asked if we have a file from the last appointments City Clerk Kathleen Connelly stated what they have in their packet are those that have expressed interest in the Planning and Zoning Commission, Health and Human Services Commission and Industrial Development Authority.We may have others on file that might have put dOwn the Board of Adjustment or Parks and Recreation, but those are not positions they are looking at for this time. Councilmember Dietz commented some of these talent banks are pretty old.We did just have a new Citizen Leadership class graduate not too long ago. City Clerk Kathleen Connelly stated one of your applicants did include his Citizen Leadership InstituteAgraduation certificate in there.If they look at the talent bank applications, on the back side, the finalpage, it says right on there that the talent bank -applications are REGULAR MEETING OF THE CITY COUNCIL AUGUST 17,,201.0 PAGE 13 OF 17 considered valid for two years.They do not have any in here that are more than two years old. Councilmember Barker commented she would like to nominate someone for the Health and Human Services Commission just to fill that out. Councilmember Dietz commented he thinks it is important they get that one done tonight, but he thinks they can wait on the Industrial Development Authority. October 31st is when the terms expire on a lot of these people. We will be going through the whole gamut of interviewing and advertising. City Clerk Kathleen Connelly stated that is in process.Staff was waiting to see what they were going to do tonight to know what we might have to fill. Mayor Insalaco commented as Councilmember Barker stated, he would like to fill at least the Health and Human Services Commission tonight and the others can wait. City Clerk Kathleen Connelly stated that would be very helpful. Councilmember Dietz commented that way they can get going and they can hold off on Industrial Development Authority until we go through the whole routine to fill the others. Mayor Insalaco commented Mrs. Nesser will have to resign from the Board of Adjustment. City Clerk Kathleen Connelly stated that will create two vacancies on the Board of Adjustment.That is why we held off on that particular press release. Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 14 OF 17 Councilmember Barker MOVED THAT RANDY MULLEN BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2012. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion on the positions that needed to be filled tonight and in the future. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz commented the executive session at 5:45 p.m. and work session at 7:00 p.m. on Monday, September 6, 2010 have been cancelled due to observance of the Labor Day Holiday.He MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, SEPTEMBER 7, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding constructing a parking lot/flea market with a roof top garden at the grand hotel property and his concern about the money being spent on the Greater Phoenix Economic Council contract. REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 15 OF 17 ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:42 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of August 3, 2010. 3. Approval of Minutes of Special Meeting of August 3, 2010. 4. 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. 5. Consideration of Proposed Resolution No. 10-33, authorizing the City to enter into an agreement with the Arizona Early Childhood Development and Health Board's Pinal Regional Partnership Council for Fiscal Year 2010-2011 First Things First grant funds; and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of this resolution. ACCEPTED THIS 7TH DAY OF SEPTEMBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF SEPTEMBER, 2010. OHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 17, 2010 PAGE 16 OF 17 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 17th day of August, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of August, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OFTHE CITY COUNCIL AUGUST 17, 2010 PAGE 17 OF 17