Loading...
HomeMy WebLinkAbout2009-03-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 17, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 17, 2009, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Eck called the meeting to order at 7:05 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Wilson Staff Present: (Mayor Insalaco and Councilmember Dietz were absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Public Works Director David Fern Asst. to the City Manager Matt Busby Others Present:Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA )Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER MOVING CALL TO THE PUBLIC TO FOLLOW ITEMS NO. M10 AND Mll AND THAT THE MAYOR OR VICE MAYOR BE AUTHORIZED TO ADJOURN THE MEETING IF ANYONE BECOMES DISORDERLY, UNCIVIL OR MAKES PERSONAL ATTACKS DURING CALL TO THE PUBLIC; AND THAT RESOLUTION NO. 09-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, FINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE MARCH 10, 2009 PRIMARY ELECTION AND RECALL ELECTION, BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT PW 2009-01, PRE -COATED CHIPS, BE AWARDED TO MESA MATERIALS, INC. IN THE AMOUNT OF $47.08 PER TON; AND THAT THE AWARD OF BID FOR PROJECT PW 2009-02, CHIP SEAL EMULSIONS, BE AWARDED TO GRADY'S QUALITY EXCAVATING, INC. IN THE AMOUNT OF $2.14 PER GALLON. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced that Treasure Chest Granite Pit donated the stone that will replace the stone in the rays in the focal point.Volunteers are being requested to spread it on Thursday at 8 a.m. Councilmember Wilson announced that on March 27 they will be doing the Black Stallion Literacy Project at the Apache Junction Rodeo Grounds with the assistance of the parks department, REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 2 OF 11 Superstition Mountain Horsemen's Association and the Arizona State Horseman's Association.Five schools from the valley will be attending. Vice Mayor Eck announced there will be a Thanks for Dining in Apache Junction event tomorrow night which is part of the city Shop AJ campaign.Several of them will be out at local restaurants including Los Gringos, Village Inn, Dirtwater Springs and Feedbag from 4:30 p.m. to 6:30 p.m. to thank people for shopping in Apache Junction. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the employees in the voluntary separation agreement, urban revenue sharing and the Vietnam Wall community event. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Eck requested the applicant address the council. Mr. Tal Kister, 2960 W. Tonto, Apache Junction, addressed the council.It is their first annual charity car show and he requested approval.This is a community -oriented group. Vice Mayor Eck 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 Barker MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR APRIL 4, 2009, SUBMITTED BY DENNY WALTER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 3 OF 11 Councilmember Serdy SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Eck requested the applicant address the council. Mr. Chuck Kinsley, 1073 E. Mohave Lane, Apache Junction, addressed the council.He commented there will be a chili cook -off with the proceeds going to the Cancer Fund.This is an annual event. Vice Mayor Eck 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 Barker MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR APRIL 4, 2009, SUBMITTED BY TERRANCE BROWNELL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1339, ESTABLISHING THE SPEED LIMIT FROM 40 MPH TO 25 MPH BETWEEN 7 AM TO 4 PM ON SCHOOL REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 4 OF 11 DAYS ON IRONWOOD DRIVE BETWEEN 4TH AVENUE AND APPROXIMATELY 300 FEET SOUTH OF BROADWAY AVENUE AND ON BROADWAY AVENUE BETWEEN PALO VERDE DRIVE AND GOLD DRIVE AND AUTHORIZING THE INSTALLATION OF SCHOOL CROSSING SIGNS, CROSSWALKS, AND ENFORCEMENT OF SIGNAGE AT THESE LOCATIONS )City Engineer Giao Pham briefed the council on the item. Vice Mayor Eck 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 it will only take about 30 more seconds to travel up Ironwood. There are about 20 kids that have to cross.In order to not lose one kid, he hopes everyone will be patient on the inconvenience.A lot of the drivers are not used to this.He suggested the police department only give warnings to slow everyone down until everyone is used to the extended zone. Vice Mayor Eck commented he was also concerned about a time for phasing this in.Unless it is a ridiculous speed, they should use some discretion. Councilmember Serdy stated it is not a speed trap.It is being done for safety. City Clerk Kathleen Connelly stated this is written with the emergency clause.They may not have enough councilmembers for that. City Attorney Joel Stern stated if that happens it goes into effect 30 days later.He believes some of the signs might already be up but he does not think enforcement is taking place. City Clerk Kathleen Connelly stated they should delete the words with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 5 OF 11 City Attorney Joel Stern stated they need 6 to pass the emergency clause. There was general discussion on the deletion of the emergency clause from the motion. City Attorney Joel Stern stated they can take off the emergency clause.The ordinance will be redrafted without it and it can be signed later. Vice Mayor Eck closed the discussion and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1339 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1339, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 6 OF 11 None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 6, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, APRIL 7, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail Avenue, Apache Junction, addressed the council to advise he would contest the election. Ms. Denise Moulson, 2094 W. Windsong, Apache Junction, addressed the council to congratulate them on the election, advise them of a semi -trailer issue in her neighborhood, and request that the cargo container ordinance be amended. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council to congratulate the winners, advise of a citation she received for her 6' wall, request that ordinance be revisited on how people can come into compliance, and request firearm lockers be installed at the city council chambers and city complex. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding gun lockers and thumb scanning employees. REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 7 OF 11 Mr. Lenny Cota, 2200 N. Delaware Drive #110, Apache Junction, addressed the council in support of the council and the city. Ms. Sandra Maxwell, 2650 W. Superstition Blvd., Apache Junction, addressed the council regarding the White Hat Clowns helping the community and distributed White Hat Clown t -shirts to the council. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Special Olympics at the high school on Saturday at 9 a.m. and the dinner on Friday evening. Councilmember Wilson stated future council agendas will include the issues mentioned by Ms. Flynn.They have been put on hold due to the horse boarding issue.He added he has been involved in the Special Olympics in the past and it is a terrific opportunity.It is a wonderful scene to see these individuals trying their best.He recalled a young man that was well out in the lead in his race who then turned around and rooted everyone else on in his race, and helped people to cross the finish line. He ended up finishing last but he was excited about involved and helping everybody.He encouraged others to attend. Councilmember Coleman commented the early ballot turnout surprised him.At the candidates' forum, when Laura Dean -Lytle said they had already received 1,200 or so ballots, she explained that this is the first time they had the automatic mail outs.If electors had requested a presidential one in November, they were automatically sent one.It should not have been too surprising.However, he was wondering about how campaigns will be conducted in the future as messages will have to be gotten out a lot earlier before election day.He believes that is why they had such a large turnout in early ballots.As far as the low turnout of 15%, he sent out about 600 cards and he got 120 back as they had no forwarding address.It is kind of the turnover nature of the thing.He is not sure it was as low as the 15%, although he talked to a lot of his friends who had forgotten to vote.In his personal opinion, he is uncomfortable when people come up at Call to the Public and speak and then other people cheer or clap afterwards.He is uncomfortable because the next person might want to get up and say something the exact opposite.They, as a council, need to hear all sides and balance all of the issues.People should REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 8 OF 11 feel free to do that.He thinks it is a little intimidating. It happened when he was mayor, also.They want to hear everyone's ideas.They do not want to put down anyone.He knows the cheers are intended to encourage but he fears they may have the opposite effect on others.He asked them to consider that when people come up to speak, which is a scary thing, that they would remember that and conduct themselves as part of the city government process in that manner. Vice Mayor Eck commented they had been looking at the fence ordinance but it has been on hold.He understood that they were waiting for the horse boarding before they brought the fence issue back.He would like to know when they will be bringing that back.It was stated by Laura Dean -Lytle that this was our first election in the city where someone could do an early ballot so easily.He thinks a lot of people took the opportunity.He was surprised at the numbers when he first heard them but not overall.He thinks they will see more of it in the future.He agreed that there will have to be a difference in the campaigns in the future.He would like to look at the cargo container issue.The implementation and how they would control cargo containers was an issue when they were discussing it.He would like to take a look at all the issues that were brought up.They need to see how that ordinance is going.He would like to be able to enforce it.If they cannot, then something needs to be revised.He would hate to see it get out of control so soon.He brought up the issue of gun lockers at the League of Cities and Towns and it is split right down the middle as to who has gun lockers and who does not. Approximately 90% of the municipalities were represented there. He would like to know where the city is on that process.He added thumb scanning is not illegal.It is interesting that Gilbert has had the gun lockers for years and is the town that brought the thumb scanning technology to the valley.It is untrue that some people do it and some do not.All employees thumb scan to his knowledge.He would have been happy with punching a timecard but the scanning is about allotment.If they look at the overtime the city has had, there was one department that had $600,000 in overtime.They have a responsibility to at least see where the dollars are going.He has a special place in his heart for Special Olympics as he has a niece with Downs Syndrome.She does not live in Apache REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 9 OF 11 Junction but she always participates in the Special Olympics here.It has always been big and is run professionally here. ADJOURNMENT ) )Vice Mayor Eck adjourned the meeting at 8:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 3, 2009. 3. Consideration of Resolution No. 09-02:declaring and adopting the results of the March 10, 2009 Primary Election and Recall Election. 4. Consideration of PW 2009-01, award of bid to Mesa Materials, Inc. for pre -coated chips. 5. Consideration of PW 2009-02, award of bid to Grady's Quality Excavating for chip seal emulsions. ACCEPTED THIS 7TH DAY OF APRIL, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF APRIL, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 10 OF 11 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 March, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 31st of March, 2009. ( 4 1;9 -1 t 4 e , 4 KATHLEEN CONNELLY Lity REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 2009 PAGE 11 OF 11