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HomeMy WebLinkAbout2009-05-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 5, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 5, 2009, 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 Vice Mayor Eck 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 DirectorJerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Public Works Director David Fern Others Present:Business Advocate Janine Solley Recreation Coordinator II Dan Wilson REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck commented he would like to have some discussion on the library board appointment item first. City Attorney Joel Stern stated they can pull that item off, talk about it, and vote on the Consent Agenda. Vice Mayor Eck asked where he should put it. City Clerk Kathleen Connelly commented it should go under New Business. There was general discussion on the item number being pulled off and where it should be put. Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER MOVING CALL TO THE PUBLIC TO FOLLOW ITEMS NO. M12 AND M13 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 APPROVAL BE GIVEN FOR THE ON -CALL CONSULTANT AGREEMENTS FOR PUBLIC WORKS IN THE AREA OF GENERAL CIVIL ENGINEERING BETWEEN THE CITY OF APACHE JUNCTION AND THE FIRMS OF AZTEC ENGINEERING, HDR AND KIMLEY-HORN, IN THE AREA OF ENVIRONMENTAL & ARCHAEOLOGICAL BETWEEN THE CITY OF APACHE JUNCTION AND THE FIRMS OF AZTEC ENGINEERING, KIMLEY-HORN AND PBS&J, IN THE AREA OF ARCHITECTURE, PLANNING AND LANDSCAPE DESIGN BETWEEN THE CITY OF APACHE JUNCTION AND THE FIRMS OF DEUTSCH ARCHITECTURE GROUP, SAEMISCH + DIBELLA AND STANTEC, AND IN THE AREA OF SURVEY/RIGHT OF WAY ACQUISITION BETWEEN THE CITY OF APACHE JUNCTION AND THE FIRMS OF AMEC, AZTEC ENGINEERING AND ENTELLUS, ALL FOR SERVICES ACTUALLY PERFORMED AND EXPENSES ACTUALLY INCURRED BY COMPENSATION BASED ON SERVICES ACTUALLY PERFORMED AND ACCEPTED BY THE CITY AND EXPENSES ACTUALLY INCURRED BY THE CONSULTANT UNDER THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $250,000.00 IN AREA 1 AND $100,000 IN AREAS 2, 3 AND 4 FOR EACH SEPARATE ANNUAL RENEWAL PERIOD BASED ON THE ESTIMATED BREAKDOWN OF SAID SUM SET FORTH IN EXHIBIT B - FEE SCHEDULE; AND THAT AUTHORIZATION BE REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 2 OF 14 GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT I'D LIKE TO AMEND ITEM 3, THAT THE APPOINTMENT TO THE LIBRARY BOARD FOR A TERM EXPIRING OCTOBER 31, 2009, BE UNDER NEW BUSINESS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation declaring May 17-23 as "National Public Works Week" and presented the proclamation to Public Works Director David Fern. Mayor Insalaco read a proclamation declaring May 10-16 as "Peace Officers Memorial Week" and May 15 as "Peace Officers Memorial Day" and presented the proclamation to Public Safety Director Jerald Monahan. The Arizona Early Day Gas Engine & Tractor Association presented a check in the amount of $1,961 for the Parks and Recreation Department Scholarship Fund. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the White Hat Clown Society is having a food drive at Wal-Mart on May 9 and May 10 from 8:00 a.m. on. Councilmember Wilson presented a thank you certificate to Parks and Recreation Director Jeff Bell and Recreation Coordinator II Dan Wilson from the Black Stallion Literacy Project, the Superstition Horsemen's Association, and the Arizona State Horsemen's Association for providing the facilities, assisting with and coordinating the 2009 Black Stallion Literacy Project Second Touch at the rodeo grounds on February 27, 2009. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 3 OF 14 Mayor Insalaco announced that the Apache Junction Mounted Rangers are the recipients áf the 2009 Citizenship Award presented by the Apache Junction News.Betty Swanson presented the award to Ron Corbin. CITY MANAGER'S REPORT City Manager George Hoffman read an editorial in today's Arizona Republic regarding state government attempting to siphon off city and town impact fees, commented on this and next year's budget, and that services will be affected if the state does get the impact fees. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR CANYON FOOD MART City Clerk Kathleen Connelly briefed the council on the items. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and opened the item to council discussion. Councilmember Serdy commented he spoke with someone today regarding this.The applicant has not owned this type of business before.They are not trying to pull anything shady; they are just confused by the application. What our business advocate is for is to try to help them through this.He would hate to see the business empty down there.He would like to see them get established.It will help it from being blighted.He thinks they should do all they can to help them get the business going. Vice Mayor Eck agreed.They do not really want someone who is just trying to make a go of it get into trouble by making some wrong choices.It would be nice to give him some advice if at all possible. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 4 OF 14 Councilmember Coleman MOVED THAT THEY CONTINUE THIS MATTER, THIS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR CANYON FOOD MART TO THE MEETING OF MAY 19. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR HITCHING POST PIZZA PUB ) - City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Mehmood Mohiuddin, 2341 N. Apache Trail, addressed the council. Councilmember Serdy asked if he was going to run the Dash In and the pizza place as well. Mr. Mehmood Mohiuddin stated his brother will run the Dash In and he will run the pizza place. Councilmember Serdy,asked if he knew how to twirl pizzas. Mr. Mehmood Mohiuddin stated he would learn it.He just got laid off from his job of 18 -and- a -half years being -a customer service manager and operations manager for an international transportation company.When he started for them, the company had 2 .trucks.When they laid .him off, they had 162 trucks.This is a new adventure and he will learn; one can be successful at anything one wants to be successful at. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 5 OF 14 Councilmember Coleman commented the application on page two asks him to list all the individual and partnership owners.He is the only one listed. He asked if he is the only owner and that there are no partners. Mr. Mehmood Mohiuddin stated so far he is the only owner.He has no partners.At this moment there is no partner.There may be a possibility when he tries to do financing because of the bank situation.Money is on a freeze.He has already spent all of his money.The operating costs are very involved.He still has to do his planter boxes and all that stuff.He is looking for financing. If someone will finance it, he will possibly take a partner. Right now he does not have anyone yet. Councilmember Coleman commented the fire district report stated it is still in the final construction stages.He asked if that is a concern for the council. City Clerk Kathleen Connelly stated they can condition the vote saying that they approve it contingent upon successful fire inspections and obtaining a permanent certificate of occupancy. Councilmember Dietz commented they can approve it with it being contingent until everything is finalized. City Clerk Kathleen Connelly stated they can attach conditions. 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, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR HITCHING POST PIZZA PUB, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL, CONDITIONED UPON THE REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 6 OF 14 SUCCESSFUL COMPLETION OF ALL INSPECTIONS AND ANY OTHER THINGS THAT NEED TO BE COMPLETED BEFORE THIS CAN BE OPENED, AND MEETING ALL APPLICABLE LAWS FOR THE CERTIFICATE OF OCCUPANCY. Councilmember Serdy SECONDED THE MOTION. VOTE:Unanimous. OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF CANDIDATE TO FILL ONE LIBRARY BOARD VACANCY )Vice Mayor Eck called for any discussion on the appointment to the board. Councilmember Coleman commented they have two outstanding candidates.He was very impressed with the background of Mr. Lokensgard, probably because he is an educator. Councilmember Serdy commented if there is anybody overqualified, it is him. Councilmember Barker commented she does not think there is any such thing as being overqualified for a commission or a board. Councilmember Serdy commented he was just joking. Councilmember Dietz stated he was real impressed with him.He really liked the enthusiasm of Colleen.She was on fire and ready to go.She was real excited about it. Councilmember Barker commented she was willing to do just anything. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 7 OF 14 Vice Mayor Eck commented that whatever decision we make who'ever is not selected should stay in there and go for another board or commission as soon as possible. Councilmember Dietz asked when the next round of appointments would be. City Clerk Kathleen Connelly stated it would be in October. Mayor Insalaco commented this is just until October.This woman is so grateful to the city for everything that has been done to help her out that she just wants to pitch in and pay back.This is her way of doing it. He then called for a motion. Vice Mayor Eck MOVED THAT JON A. LOKENSGARD BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2009. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker commented she thought they had two of the finest candidates for one position that they have seen in a long time.She hoped that both of these people continue to come back to get on other boards and commissions.This office is a very short term.They will have more openings so please do not be discouraged. Councilmember Dietz commented October is just around the corner. Vice Mayor Eck commented he has a ton of experience.She has quite a bit of experience and he really liked her personality.She should be able to get on one of the boards or commissions. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 8 OF 14 COUNCIL DIRECTION TO STAFF A -FRAME SIGNS )Business Advocate Janine Solley briefed the council on the item. Councilmember Barker commented they have development services working on a large amount of stuff.They have the general plan which is a whole year's worth of work. Councilmember Dietz commented it should be two years. Councilmember Barker agreed. They also have the study they are doing on the downtown. Vice Mayor Eck commented they have about 3 different types of things. Councilmember Barker commented there is also the master planned community to the south.We have these people doing so many things, and if we want these things done right, she would like to see them not deal with this right now so that they can be given the opportunity to do what they are doing correctly.Maybe A -frame signs can be part of the downtown study, because signage is definitely part of that project. Councilmember Serdy commented the national chamber is for this.This seems like a type of project that the Chamber and Main Street could come up with some different plans since our development services is strapped and going in different directions.Maybe they can put a couple of people on this and come up with some proposals of what they would like to see. Councilmember Coleman commented he does not believe the business community has really come to a consensus on this item.He hears from business owners that want what we have to be enforced so that they are on an even playing field.They are upset that some have them and some do not.It is the ones that are trying to obey the law that do REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 9 OF 14 not.If they are going to put this off, and he feels that they should, then they need to enforce the current code now. Councilmember Barker agreed. Mayor Insalaco agreed. Councilmember Coleman stated enforcement will be another issue with the whole thing. Councilmember Dietz stated it will be. Vice Mayor Eck commented he thinks it is an admirable idea to try to get the Chamber or Main Street involved but it probably is too much all at once to try to get too many projects.A mayor he once served with 12 years ago once said we do not always get a lot done, but what we get done is good.That was Doug Coleman. Councilmember Coleman commented they have a plate, and they can either do a few things really well or do a lot of things mediocre.Given that, especially in these economic times when they have to draw back, he thinks it is best to focus our energy and resources on those things that we can do really well and where there is a lot of consensus. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT NO ACTION BE TAKEN ON THIS ITEM AT THIS TIME IN ORDER TO ALLOW STAFF TO ADDRESS OTHER PRIORITIES INCLUDING, BUT NOT LIMITED TO, LOST DUTCHMAN HEIGHTS, THE DOWNTOWN STUDY AND ITS RELATED COMPONENTS SUCH AS INFRASTRUCTURE ASSESSMENT, MARKET STUDY, HOUSING ANALYSIS, LAND USE ALTERNATIVES, INCENTIVE TOOLS AND IMAGE ENHANCEMENT AND THE FISCAL YEAR 2009-2010 WORK PLAN, AS WELL AS ENFORCEMENT ON THE CURRENT A-FRAME SIGNS THAT ARE ILLEGAL. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 10 OF 14 VOTE:6-1 (Councilmember Serdy voted in opposition.) Councilmember Wilson stated he would like to see if they can make this part of the downtown study.He has talked to a few businesses and they would like to have them so that they can do their specials. Councilmember Serdy stated he thinks it is going to be a poor economic summer and he would like to get something done sooner. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 18, 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, MAY 19, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council regarding amending agendas for discussion items onlywith votes done at a later date when agendized and then commented on the information section in the newspapers Mr. Robert Matsch, 1755 S. Sombrero, Apache Junction, addressed the council, regarding the city and other companies using non- local trucks and workers for work being performed in the city. Mr. JOhn Kantowski, 835 TAI.WindSong, Apache Junction, addressed the council in support of the council decision on the A -frame sign issue and requested the current regulations be enforced. REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009- PAGE 11 OF 14 Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council to read a letter to the editor he had sent this date regarding the last election and the Pinal County recorder. Mr. Lenny Cota, 2200 N. Delaware Drive #110, Apache Junction, addressed the council to say a prayer for the city. Mr. Mike Weller 471 W. 21st Avenue, Apache Junction, addressed the council regarding a recycling center on Apache Trail between Dairy Queen and Napa. Mr. Duane Buell, 612 E. Desert Avenue, Apache Junction, addressed the council to state he and others he talked to found the last election ballot easy to read. Councilmember Barker requested the public works director contact Robert Matsch about his concerns. Vice Mayor Eck requested Robert Matsch speak with him after the meeting on his concerns one on one.He commented there were allegations of corruption in Pinal County.However, it is ironic that although someone said everything they wanted to say, there are no charges that have been filed.He asked if they think that person does not have to follow personnel policies and procedures.As far as the other person pointing the finger, he has lived here his whole life and he does not know of a single sheriff who would have allowed an officer to be on the range drunk practicing his shooting.He was drunk shooting his gun. That is pretty far out to him.He asked if they could do anything about the recycling location.It is a bad location for recycling.He does not know if they can do anything.He knows the father would not have done that, but the son does. Mayor Insalaco commented he went by the recycling location when he heard about it and it is unsightly. Councilmember Dietz asked if there was something they could look into about it and Robert's trucking issue and how things are allocated.He would like him to get with David.He would like local trucking used if at all possible. Councilmember Serdy commented they are elected to represent the city.They are not county officials.He does not think any of REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 12 OF 14 them have ever written a ballot.They were just placed on the ballot.They have nothing to do with that.He does not know why anyone would complain to them. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:02 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of April 21, 2009. 3. Appointment of candidate to fill one Library Board vacancy. 4. Consideration of agreements with consultants for Public Works on -call services. ACCEPTED THIS 19TH DAY OF MAY, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF MAY, 2009. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 13 OF 14 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 May, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th of May, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 5, 2009 PAGE 14 OF 14