Loading...
HomeMy WebLinkAbout2010-12-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 7, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 7, 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 Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson (telephonically) Staff Present: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Economic Dev. Director Steve Filipowicz Programs Coordinator Heather Patel City Magistrate James Hazel VISTA Volunteer Sarah Knaack REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 1 OF 15 VISTA Volunteer Amanda Ripstra Senior Planner Rudy Esquivias Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT DALE E. COLLIER AND REBECCA STANDAGE BE APPOINTED AS DEPUTY CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2011 THROUGH JANUARY 15, 2013; AND THAT THE APPOINTMENTS ARE TO BE EFFECTIVE FOR SAID TERMS AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE; AND THAT LISA PETERS AND MICHELLE O'HAIR-SCHATTENBERG BE REAPPOINTED AS PRO-TEM CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2011 THROUGH JANUARY 15, 2013; AND THAT THE APPOINTMENTS ARE TO BE EFFECTIVE FOR SAID TERMS AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 10-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTE TO SCHOOLS GRANT; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 10-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2011 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM; AND THAT APPROVAL BE GIVEN FOR THE MAIN STREET CROSS-SECTION DESIGN, TO BE ADDED AS A STANDARD DETAIL IN THE CURRENT ENGINEERING DESIGN GUIDELINES; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN OSAM DOCUMENT SOLUTIONS, INC., AND THE CITY OF APACHE JUNCTION FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM, INCLUDING SOFTWARE AND HARDWARE THAT WILL HELP STAFF MANAGE THE IMPORT, ARCHIVAL, AND RETENTION OF COURT DOCUMENTS, IN AN AMOUNT NOT TO EXCEED $67,565.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 2 OF 15 TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Councilmember Serdy introduced Representative -elect John Fillmore representing District 23.Senator -elect Steve Smith, also from District 23, was ill this evening and could not attend.There was discussion between the council and Mr. Fillmore regarding their political philosophies.Mr. Fillmore stated he is fiscally conservative and will be serving on the appropriations committee, education committee, joint budget committee, commerce committee and government regulations committee.He is concerned about the budget in the past and will be against the state -shared revenues being taken from the cities; the need to cut the size of state and federal government; the economic development coming; bringing jobs to the area; being pro -educational but wishing to get rid of about 130 school districts and give the money to the teachers and classrooms; the possibility of the city taking control over Lost Dutchman State Park or have state parks privatized; and diverting stimulus money from weatherization to be used at the state level to entice businesses to the state. Program Coordinator Heather Patel gave a brief presentation on the Volunteers in Service to America (VISTA) program and introduced volunteer Sarah Knaak, the volunteer from November 2009 until November 2010, and the new volunteer, Amanda Ripstra, who will intern from November 2010 to November 2011. CITY MANAGER'S REPORT City Manager George Hoffman commented on the county halting the recycling program, the November 8 Clean Up Week results, the movie "Bag It" being brought to the library, the Holiday Event REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 3 OF 15 and Electric Light Parade downtown last weekend, and read a resolution from the Arizona State Parks Board. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented the Centennial Committee, with the help of Superstition Harley and the LeResches, is putting in a request to get the copper chopper constructed by an artist and donated to the State.They would like to have it on loan during the centennial and have people come out for planned events. Anything they get will be shared with the museum and historical society.The Focal Point Tourism Committee, with the help of Steve Filipowicz, got the go ahead from the property owners of the former Grand Hotel to have the Farmers Market/Bazaar.This would be for things that people make themselves.If it is successful, they will try to have it monthly in good weather. They want to have them before the hot weather comes and while the visitors are here.Anyone with ideas or input should contact himself, Vice Mayor Dietz or Councilmember Barker, as they are all on the committee.They will try to have it before Easter. Vice Mayor Dietz commented he attended the D.A.R.E. graduation today with Officer Virtue, the chief and the mayor over at Superstition Mountain Elementary School.There were at least 80 graduates.It was fantastic.The kids and parents were excited.He is proud of the council and police department for continuing on with D.A.R.E. when a lot of the cities in the state have discontinued the program.It is important to reach the kids at this age. Councilmember Wilson commented a lot of citizens came up to him and expressed their excitement over the city's involvement in what had happened this past weekend.They are looking forward to continuing it in the future, expanding it and getting involved themselves.He recently received information on a rumor from the horse community which is in error.He wanted to let them know that the city is not considering or addressing looking at any restriction on riding our animals to and from our properties or stables.As long as the rider is following the rules of the road, there are no restrictions.If anyone has any questions on this, please contact him. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 4 OF 15 Vice Mayor Dietz commented he thought it was fantastic that the Police Explorers were out on their bicycles Saturday night cruising around and making sure it was a safe event.The things they volunteer on are awesome. Councilmember Eck commented he thinks the D.A.R.E. program is one of the great programs and he is honored that they still have it in their city.They have a lot of impact on things and choices to be made down the road.He added he was driving down the Trail the other day and there was a horse and rider going down the median.There is nothing illegal about it.It was at night and caught him off guard. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 )City Clerk Kathleen Connelly briefed the council on the item. applicant address the council. Mayor Insalaco requested the Mr. Ron Knies addressed the council for any questions.There were no questions. 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. Councilmember Coleman MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 25-27, 2011, SUBMITTED BY RON KNIES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 5 OF 15 VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, INTERIM PERMIT, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR MAIN MARKET City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Chirag Patel addressed the council. Mrs. Barker commented she had a silly question for him.She asked how he pronounced his first name. Mr. Chirag Patel stated it is Chirag. 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. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, INTERIM PERMIT, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR MAIN MARKET, SUBMITTED BY CHIRAG B. PATEL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 6 OF 15 RESOLUTION NO. 10-44, SUPPORTING THE APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY AND RESOLUTION NO. 10-45, REIMBURSEMENT OF FUNDS RECEIVED FOR STREET BONDS ) )City Manager George Hoffman briefed the council on the item. Vice Mayor Dietz commented they are not going for the bonds at this time, they are only submitting an application to get it in.They do not have to act on it at this time.They will act on it once they see where the city stands financially.They can go through with it or not depending on how they are financially.The importance is getting it in at this time. City Manager George Hoffman stated that is correct.This is a request to get in line.They can step out of line for many months. Vice Mayor Dietz commented there are only so many and we want to be able to get in if necessary. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated $10 million is a huge amount for Apache Junction.He does not think that anything, other than this building, has been that expensive.He would submit it will probably be $20 million when they are talking about getting involved in bonds in Apache Junction.Someone will have to pay those back, and he hopes the State will pick up the tab.He would be careful about getting involved in something with this large a tab. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He commented if the city could spend $10 million now on a bond it would be paid back at a much lower rate than they would have to pay in order to maintain the roads and pay a lot more later on. It would be a very wise thing to do. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 7 OF 15 Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Eck commented he felt like they need to look at all options and see what is best for the city.The reality is that the interest rates are incredibly low and they are not bonded out.He thinks they only have one bond.Most cities probably have dozens of bonds.The amount of money that they would pay now will be so much less than if they wait.He thinks it is something they should at least take a look at and see if it makes sense and is feasible. Vice Mayor Dietz commented in maintaining the roads they are looking at $30 per square foot right now.It could go up to $70 to $80 per square foot. Public Works Director David Fern stated it makes good sense to do it now as opposed to later.If they do the incremental maintenance they can save substantial money in the long term.The example given earlier was that if they kept up with the maintenance, they would save $40 million over a 40 year period.They looked closely at the cost of routine and preventive maintenance.The cost is $2 to $10 per square yard now; if they wait too long to take care of that, the road falls into failure and the cost if $40 to $50 a square yard.He is comfortable in pursuing this loan. Vice Mayor Dietz commented he knew there was a huge difference in cost. Councilmember Eck commented it also concerns safety; not only motorists, but pedestrians, too. Public Works Director David Fern stated that is correct.As the roads degrade, they have more accident claims and danger to the traveling public. Councilmember Eck commented the benefits of doing it now would be fantastic. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 8 OF 15 Public Works Director David Fern stated the primary impetus to do it right now is the financial concern of what it will be costing the city in the next 5 to 10 years with larger percentages of the roadway falling into that high repair cost category. Councilmember Barker stated she thinks the public may not have caught that the city manager said they would be waiting to see what the state legislature does as far as city -paid, state -collected revenues.The revenues that would be utilized to pay this would be Housing and Urban Renewal Funds.Those funds can only go for transportation.They are the funds to use for roads in the first place.If the state legislature chooses to sweep those funds, although we have a place in line, we will have to excuse ourselves and say we cannot stand in the line anymore.If they choose to leave the funds in place, then those are the funds we would be using to fund the roads anyway and the funds we would be using to pay these bonds. Public Works Director David Fern stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-44, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, AUTHORIZING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY FOR FINANCIAL ASSISTANCE PURSUANT TO TITLE 41, CHAPTER 10, ARTICLE 8, ARIZONA REVISED STATUTES AND DECLARING AN EMERGENCY, BE APPROVED; AND THAT RESOLUTION NO. 10-45, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING FOR PURPOSES OF SECTION 1.150.2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO STREET AND ROAD IMPROVEMENTS, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 9 OF 15 VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PROCEED WITH DRAFTING REGULATIONS FOR MEDICAL MARIJUANA USES, INCLUDING DISPENSARIES, OFF -SITE CULTIVATION LOCATIONS AND OTHER RELATED USES )Senior Planner Rudy Esquivias briefed the council on the item.(At the end of the briefing he accidentally disconnected Councilmember Wilson. Staff was unable to reinstate the telephone connection.) Councilmember Eck asked if he had checked with other towns and cities. Senior Planner Rudy Esquivias stated he had. Councilmember Eck asked if the League of Cities and Towns was coming out with anything. Senior Planner Rudy Esquivias stated they are looking at the model ordinance prepared by them. They are also looking at what Tucson, Marana, Oro Valley, Flagstaff, Pinal County, Maricopa County and Chandler are doing. Councilmember Eck commented they cannot do what is being done in California. Senior Planner Rudy Esquivias stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 10 OF 15 Councilmember Eck stated this is a first for us. Senior Planner Rudy Esquivias stated that is correct. Councilmember Eck commented he thinks it is a good idea for us to look at what others are doing. Senior Planner Rudy Esquivias stated we do need to adopt ordinances otherwise we are subject to the absolute minimums allowed under state law, which is a 500 foot distance from a school and that is it. Councilmember Eck commented it is a sensitive issue; the vote was 50.1 versus a 49.9 or something.It barely passed.He knows there was a lot of opposition.He wanted to know that they were handling this the best way possible. Councilmember Serdy commented he has concerns about the 500' from a school.He believes planning and zoning will look into that and see where the schools lie.For those who are watching this on cable or streaming, Rudy read almost all of this last night at the work session.They can go back and watch it there.He did not want them thinking they were not discussing this because they did so last night. Vice Mayor Dietz commented this is just a direction to staff.It will go through planning and zoning and then come back to us. Councilmember Serdy commented this will be alarming for a lot of people so they are taking it seriously. Councilmember Eck asked what the actual date is for it to take place. Councilmember Barker stated it is sometime in April. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 11 OF 15 Senior Planner Rudy Esquivias stated the Department of Health Services proposes to have their rules in place by April 1.We need to have our ordinances adopted and in effect before April 1. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROCEEDING WITH DRAFTING REGULATIONS FOR MEDICAL MARIJUANA USES, INCLUDING DISPENSARIES, OFF -SITE CULTIVATION LOCATIONS AND OTHER RELATED AREAS:STAFF PREPARE AN ORDINANCE THAT, AT A MINIMUM, REFLECTS THE RECOMMENDATIONS OUTLINED IN THE MEMO FROM RUDY ESQUIVIAS DATED DECEMBER 6, 2010 AND AS DISCUSSED AT THE DECEMBER 6, 2010 WORK SESSION. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous.(Councilmember Wilson was no longer available telephonically.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 3, 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, JANUARY 4, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 12 OF 15 Mayor Insalaco commented that since the next meeting is so close to the holidays, they will not be having a second meeting in December.He believed he could speak for the rest of the council in wishing everyone happy holidays, and hopefully next year will bring better times. CALL TO THE PUBLIC: Mr. Nick Labadie, Rose Law Group, 6613 N. Scottsdale, Scottsdale, addressed the council regarding the medical marijuana ordinance. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding Call to the Public, the street bonds, mass transit, and his pending term limit initiative. Councilmember Eck commented when they did change Call to the Public, he did not believe it was their idea to just change it for awhile and see how it works.That came on after seeing that the change was actually working and working well.We are now coming into an election season.If they were to test it now, it would be the worst time to test it.Call to the Public is not for trying to get into an elected office.He does not think they would consider it until after the election. Mayor Insalaco commented Call to the Public is a privilege that the council gives.It is not a right.It is something that this city council does.Some cities do not even have it.He feels they should be able to do what they want. Councilmember Barker commented they do have term limits.It is called voting.If people do not vote for you, you are out.If people want you to remain in office they will vote for you, and that is term limitation. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:24 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 13 OF 15 2. Approval of Minutes of Regular Meeting of November 16, 2010. 3. Consideration of Appointment of Deputy City Magistrates. 4. Consideration of Appointment of Pro -Tern Magistrates. 5. Consideration of proposed Resolution No. 10-41, authorizing the City to enter into an intergovernmental agreement with Arizona Department of Transportation for Safe Route to Schools grant funds. 6. Consideration of Resolution No. 10-42, authorizing the submission of a grant application to the Arizona Department of Transportation for Local Transportation Assistance Fund II funding for Fiscal Year 2010-2011. 7. Consideration of a "Main Street" Cross -Section Design. 8. Consideration of proposed professional services agreement with OSAM Document Solutions, Inc. not to exceed $67,565.00. ACCEPTED THIS 4TH DAY OF JANUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF JANUARY, 2011. OHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 14 OF 15 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 7th day of December, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of December, 2010. it t-/-e „ej4„e.4 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2010 PAGE 15 OF 15