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HomeMy WebLinkAbout2010-10-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 5, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 5, 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:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks & Recreation Director Jeff Bell Development Svcs. Director Brad Steinke Others Present:Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 1 OF 17 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RETROACTIVE APPROVAL BE GIVEN FOR THE PURCHASE OF THE CITY'S PHONE SYSTEM, SOFTWARE AND UPGRADES THROUGH AVAYA FINANCIAL SERVICES IN AN AMOUNT NOT TO EXCEED $229,806.30; AND THAT THE AWARD OF BID FOR PROJECT PW 2010-13, EQUIPMENT AND LABOR TO CRUSH ASPHALT CONCRETE FOR THE CITY OF APACHE JUNCTION, BE AWARDED TO SUNLAND INC., ASPHALT AND SEALCOATING IN AN AMOUNT NOT TO EXCEED $182,500.00; AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2010-2011 IN THE AMOUNT OF $26,432.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER FROM OCTOBER 1, 2010 TO JUNE 30, 2012 IN THE AMOUNT OF $63,000; 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 Serdy announced that the Festival of the Superstitions will be starting later this week behind the Chamber and other places. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 2 OF 17 Mayor Insalaco announced Councilmember Serdy has been appointed to the Governor's Office of Tourism.That is a plus for the city. Councilmember Serdy stated he is not sure what it will entail. He will represent Pinal County and Gila County.With the downturn in the economy, it is something that they need to try to bring more events out to the east end of town and the surrounding mountains.When you ask people what is the most beautiful place in the valley, everyone says it is right here in Apache Junction with the mountains.There is no reason why we do not have more tourism.Anybody that stays a week in the valley should spend at least one day here.We have plenty to do and hopefully we will have more to do and be more of a destination. CITY MANAGER'S REPORT City Manager George Hoffman commented on building code requirements, the successful collection of prescription drugs at the police department in partnership with the Drug Enforcement Association, road maintenance, a future presentation on the city's financial condition, the annual G.A.I.N. event, city employees participating in the blood drive, and the police department partnering with other East Valley departments in Operation Wolfpack. Recreation Assistant Heather Wright gave a presentation on the 2010 Holiday Event and Light Parade. PUBLIC HEARINGS RESOLUTION NO. 10-32, DECLARING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I A PUBLIC RECORD WITH THE EMERGENCY CLAUSE/ORDINANCE NO. 1367, ADOPTING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I BY REFERENCE WITH THE EMERGENCY CLAUSE) )City Clerk Kathleen Connelly briefed the council on the items. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 3 OF 17 Mayor Insalaco opened the public hearing on Resolution NO. 10-32. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented it is a huge volume of information that should not be passed with the emergency clause in case someone wants to refer something. Mayor Insalaco closed the public hearing on the item with no one else wishing to speak. He reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 10-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CODE OF THE CITY OF APACHE JUNCTION, ARIZONA", VOLUME I, CHAPTERS 1 THROUGH 16; AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco opened the public hearing on Ordinance No. 1367.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. Councilmember Barker MOVED THAT ORDINANCE NO. 1367 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 4 OF 17 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Barker MOVED THAT ORDINANCE NO. 1367, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO. 1368, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE" )Development Services Director Brad Steinke briefed the council on the item. 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. Councilmember Serdy commented by publishing this on line, if any citizens have any problems with this they can come to the council and they can work it out and change it if there are any problems. Development Services Director Brad Steinke stated that is correct.This makes it much more accessible and keeps it much more up-to-date. Councilmember Dietz commented there will be another opportunity for questions on it at the next public hearing when they adopt it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 5 OF 17 Mayor Insalaco commented this is a public hearing only tonight.There will be no action taken. Councilmember Coleman commented on the list of changes that were done, for political signs it says they deleted the regulation prohibiting signs to be displayed within 60 days of an election. Development Services Director Brad Steinke stated that is awkward phrasing.It would be better if it said deleting the regulation prohibiting signs to be displayed earlier than 60 days prior to an election.That has been deleted and he thinks the city attorney may have a comment on that. City Attorney Joel Stern stated the reason for that change is there has been some case law that essentially strikes down some ordinances in other cities, towns, states and federal circuits that basically required signs could not be up before 60 days.That was held invalid. Councilmember Coleman asked if that is a First Amendment issue. City Attorney Joel Stern stated that is correct.It is still legal to make individuals take down their signs 10 days after the election if they did not win the primary election and do not continue on to the general election.Someone could put up a sign now if they are running for something in 2012; they could do that if they wanted to. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 6 OF 17 ACCEPTANCE OF R.E. ECK'S RESIGNATION AS VICE MAYOR AND DISCUSSION AND POSSIBLE ACTION ON VICE MAYOR RE -SELECTION )Vice Mayor Eck read into the record: "I hereby resign my position as Apache Junction vice mayor. It has been an honor to serve in this capacity, but I believe it is time to pass the baton to another councilmember. In talking to the city attorney, it is my understanding that I will revert back to councilmember status upon acceptance of my resignation by council." Vice Mayor Eck added that he had been on the council for 13.5 years, with 7.5 of those years as vice mayor.It has been an honor and extreme privilege to be in that position.He really feels it is time for someone else to take over those duties.He MOVED THAT THEY ACCEPT THE RESIGNATION OF R.E. ECK AS VICE MAYOR AND THAT HE BE RETURNED BACK TO THE STATUS OF COUNCILMEMBER EFFECTIVE OCTOBER 6, 2010. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. Councilmember Coleman during the vote thanked R.E. for the time that he served as vice mayor when he was mayor.He appreciated the help, support, his willingness to take over when he was gone and attend meetings that he could not attend.He did appreciate all the work that he put in. Vice Mayor Eck commented it was fun. The motion carried. Mayor Insalaco called for a selection for the new vice mayor. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 7 OF 17 Councilmember Eck NOMINATED RICK DIETZ FOR VICE MAYOR. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNUAL APPOINTMENTS/REAPPOINTMENTS TO BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION )Mayor Insalaco commented they had most of the applicants in attendance last night. City Clerk Kathleen Connelly commented they had asked last night about the application for Pems Tebon.What had happened in that instance is that she asked that all of her applications be withdrawn after your black books went out.That is why she was still on the list in the black books.Since the white books went out a couple of days later, she was not in there. Mayor Insalaco called for a motion for the Board of Adjustment.There are three positions open. Vice Mayor Dietz MOVED THAT JANE JONES-DENNEY BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 8 OF 17 Councilmember Barker MOVED THAT AGNES FELTON BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2013. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RALPH STINSON BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2012. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco stated there are three positions on the Library Board - two reappointments and one new appointment. Vice Mayor Dietz MOVED THAT RHONDA JACKSON AND THERESA NESSER BE REAPPOINTED TO THE LIBRARY BOARD FOR TERMS TO EXPIRE OCTOBER 31, 2013. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT LIZA KOVACH BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Serdy SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 9 OF 17 VOTE:Unanimous. Councilmember Coleman commented that he was looking at her for another position.He originally voted no and then changed his vote to yes. Councilmember Eck commented he also had her for a different position. Mayor Insalaco commented he, too, had her in another position he would rather see her in.If she can handle both of them, that would be great. City Attorney Joel Stern stated as long as that person is not on the Board of Adjustment, he does not see any conflict in the other positions that are open. The motion carried. Mayor Insalaco stated there are two positions for Parks and Recreation. Councilmember Eck MOVED THAT CONRAD PISINSKI BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT MONA BARTON BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 10 OF 17 The motion carried. Mayor Insalaco stated there are two reappointments for Planning and Zoning. Councilmember Barker MOVED THAT COLLEEN HILL AND J. SUE JOHNS BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR TERMS TO EXPIRE OCTOBER 31, 2013. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco stated there is one new appointment. Councilmember Eck MOVED THAT LIZA KOVACH BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2011. Councilmember Coleman SECONDED THE MOTION. VOTE: 4-3 (Councilmembers Barker, Serdy and Wilson voted against the motion.) Councilmember Wilson stated he had someone else he wanted to put in there. Councilmember Serdy commented he is in the same situation.He was hoping for someone else. Councilmember Barker stated she would like to see more people on boards rather than the same people on multiple boards. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 11 OF 17 Councilmember Eck asked if they could go back to a board, because of what they were just saying, and replace that applicant appointed earlier and put on somebody else that they wanted to. City Attorney Joel Stern asked him to repeat the question. Councilmember Eck commented there was someone else that they really wanted to get on a board and, instead, they have one person on two boards.He was wondering if they could go back to the Library Board and take one off and put somebody else there.They would each be on one board instead of one person on two boards. City Attorney Joel Stern stated the mayor can call for a motion on that issue. Mayor Insalaco asked if he could ask the person, if she is here, which she would want. City Attorney Joel Stern stated they cannot as it is not on the agenda. Councilmember Serdy asked if they can ask what Mr. Eck is asking. Councilmember Barker commented he is asking to take one person off the Library Board and replace that person with somebody else. Councilmember Serdy asked who that somebody else is. Councilmember Eck commented it is the young gentleman they interviewed last night. There was general discussion on how to make the change. Councilmember Barker MOVED TO REMOVE HER MOTION ON THE MOTION TO APPOINT LIZA KOVACH TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2013. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 12 OF 17 City Clerk Kathleen Connelly stated Councilmember Serdy seconded it. Councilmember Serdy REMOVED HIS SECOND. City Attorney Joel Stern stated this is a motion to rescind the original motion. Councilmember Barker stated that is correct. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT FOSTER DREW RAPPLEYE BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker commented that anyone out there who feels that this council communicates behind closed doors has just discovered that is not the case. There was general discussion as to whether enough people had been appointed to the Planning and Zoning Commission.It was determined all the positions were filled. COUNCIL DIRECTION TO STAFF NEAR -TERM DOWNTOWN IMPLEMENTATION STRATEGY )Assistant City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 13 OF 17 Mayor Insalaco asked if this is on the internet. Assistant City Manager Bryant Powell stated it is not as of yet but they can certainly do that. Mayor Insalaco commented he thinks it would be good if the public can see what their plans are for the next six to nine months.He then called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF CONCERNING NEAR- TERM DOWNTOWN IMPLEMENTATION STRATEGY:THAT STAFF WORK ON THE CHARACTERISTICS OVERLAY, SIGN CODE AND INCLUDE LANDSCAPING WITH THOSE CHARACTERISTICS. Vice Mayor Dietz SECONDED THE MOTION. City Manager George Hoffman asked if they were saying to do all of those as one task, not as separate tasks. Councilmember Barker stated that they do the characteristics overlay, the sign code, and have the landscaping be mixed in with that batch, as it follows the characteristics, et cetera. Councilmember Coleman asked if that would work. City Manager George Hoffman stated it makes sense to the extent that it will be cohesive, to the extent that it is also very comprehensive; then there is a mutual understanding that when you do something very big and very comprehensive that it affects time. Councilmember Barker stated that is correct.It will also incur extra meetings for them in order to get this accomplished in the near term. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 14 OF 17 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, OCTOBER 18, 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, OCTOBER 19, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Carmen Pacheco, 3346 S. Conestoga, Apache Junction, addressed the council .regarding celebrating Halloween on Saturdays when it falls -on a Sunday. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, filled out a form but had already left. Ms. Judy Novalsky, 5239 E. 32nd Avenue, Apache Junction, addressed the council regarding fireworks and other dangers. Mr. Jeremy Hoenack, 1985 W. Apache Trail, Apache Junction, addressed the council regarding the signage issue. Ms, Janelle Wood, 2623'E, Beautiful Lane, Phoenix, addressed -the council regarding her campaign for governor. Councilmember Serdy commented it is short notice to change Halloween to Saturday.He does not think anybody would be -aware of itbeing moved.I f are going:to make moves like that, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 15 OF 17 it should have been started months ago.Not everybody watches or comes to these meetings.He believes it is too short a time to get anything done on that.He commented to Jeremy that at last night's work session they discussed and are in the process of prioritizing the sign ordinance.It is being worked on. That is one of their top priorities. Councilmember Coleman commented October 30, Saturday, is the G.A.I.N. event.Halloween would be a perfect theme for those neighborhood meetings. Councilmember Eck added he grew up around Kearny and it is all around the Great Pumpkin.It was the fiesta of town.It would have been organized by now.It is very challenging down in the valley because they have people who really want that date to be changed and other folks that are bound and determined to keep it on its original day.He agrees with Jeff.That move will be very difficult to do.They should have been talking about this in July. Mayor Insalaco commented one of the other problems is that the 31st does not always come on a Saturday.Sometimes it comes on a Monday or Tuesday and you would have the same problem.If the 31st falls on a Tuesday, the children would still have to get up for school the next day.They are darned if they do and darned if they don't. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:14 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 7, 2010. 3. Approval of Minutes of Regular Meeting of September 21, 2010. 4. Consideration of retroactive approval to purchase the city's phone system, software and upgrades through Avaya Financial Services in an amount not to exceed $229,806.30. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 16 OF 17 5. Consideration of award of bid, PW 2010-13 equipment and labor to crush recycled asphalt concrete for the City of Apache Junction, to Sunland Inc., Asphalt and Sealcoating in an amount not to exceed $182,500.00 6. Consideration of Professional Services Agreement with East Valley Adult Resources, Inc., in the amount of $26,432.00 for the Ride Choice Program for Fiscal Year 2010-2011. 7. Consideration of professional services agreement with Apache Junction Chamber of Commerce for operation of a local visitor information center. ACCEPTED THIS 19TH DAY OF OCTOBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER, 2010. ATTEST: KATHLEEN CONNELLY City Clerk e_1 7 HN 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 5th day of October, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of October, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2010 PAGE 17 OF 17