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HomeMy WebLinkAbout2009-12-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 1, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 1, 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 Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (Vice Mayor Eck was absent.) 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 Others Present:None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the Apache Junction Transportation Department and Project Help have teamed up with K Mart, Target, Fry's, Safeway, Bashas', Walgreen's and several other local businesses for their annual "Stuff the Bus" event on behalf of Project Help.Buses will be parked at various locations such as grocery store parking lots in the community on Saturday, December 12, 2009.They will be taking donations of clothes, food and toys and anything else that could help.They will be at the Fry's in Apache Junction, the Bashas' in Gold Canyon, and the Safeway in Apache Junction.There will also be drop boxes at the schools, the school district administration office, all the fire department stations, the Chamber of Commerce, Walgreen's, Safeway, Wal-Mart, UFB Skate Shop, Beat Depot, Chase Bank, Bashas', Cobb's, Filly's, City Signs, the Feed Bag, Crow's Nest, Gloria's Beauty Salon, Village Inn, Dirtwater Springs, Los Gringos, Dollar General, and Meridian Manor. Councilmember Wilson announced Superstition Stables gathered a group of people together and did a clean up State Land desert two weeks ago.They removed two truck loads of trash.He thanked Bev Hanson of Superstition Stables for putting it together and coordinating it and the city for helping to bring it all together. Councilmember Barker announced that she, Mayor Insalaco and Chief Monahan had the pleasure and privilege of attending the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 2 OF 10 D.A.R.E. graduation last Tuesday morning, graduating 96 kids. Ann Meyer -Drysdale, general Manager of the Phoenix Mercury, was the guest speaker.The Phoenix Suns also had a representative in attendance.Kudos to Officer Bill Virtue for leading those 96 kids and teaching them to make good decisions early in life. We are one of the few cities in the state that maintains a D.A.R.E. program.A lot of cities have stated it is too expensive to have the D.A.R.E. program, but our city has said it is too expensive not to have the D.A.R.E. program.She congratulated the 96 kids for their graduation and to Officer Virtue for everything he does. Councilmember Coleman congratulated the Wolfpack of Apache Trail High School for finishing 11-1 and beating the team that beat them earlier in the season in the state championship game.He was able to go to one game and watched from the end zone.He congratulated them on their state championship. Councilmember Dietz announced that the Christmas Light Parade will be Friday at 7 p.m. downtown.He encouraged everyone to be there. Mayor Insalaco commented the state championship is a great honor for the City of Apache Junction.On November 21 the Apache Trail High School football team won the Arizona Charter Athletic Association Class B playoffs.The team is only two years old and had an 11-1 season.He acknowledged everyone on the team. Quarterback Brian Mayfield was the overall Most Valuable Player of the AZCAA Class B tournament.He extended congratulations from the council to their principal, coach, and players.After reading their names, he called them to the podium and presented their principal with a Certificate of Appreciation. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 3 OF 10 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Ron Knies addressed the council for any questions.There were no questions. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented he did not know if he could address the applicant with a question, but the applicant could contact him at his website.He commented there is a member of the city administration that had come under scrutiny for an incident possibly involving drugs. Mayor Insalaco stated that has nothing to do with the Rotary Club.He advised him to sit down.He called for any other speakers on the item.There being none, 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 THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, SUBMITTED BY RON KNIES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE '4 OF.10 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.He stated the applicant has it back and they are running it. Mr. Bob Rosencranse stated they have it and they are happy. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated they can do it the easy way or the hard way, by either doing it in the courts or by doing it here if he is going to be cut off on every item. Mayor Insalaco interrupted Mr. Fisher by striking the gavel.Mr. Fisher returned to the audience.He asked if there was anyone else wishing to speak. There being no other speakers, 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 AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR DOG RUN SALOON, SUBMITTED BY REGINA LYNN MCCARTHY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A BINGO LICENSE FOR FRATERNAL ORDER OF EAGLES LOST DUTCHMAN AERIE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 5 OF 10 Councilmember Dietz SECONDED )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. William Kimball 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 it to council discussion.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A BINGO LICENSE FOR FRATERNAL ORDER OF EAGLES LOST DUTCHMAN AERIE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-56, DECLARING AS A PUBLIC RECORD THE 2008 AND 2009 CITY TAX CODE AMENDMENTS, INCLUDING SECTION 8A-310 AND DECLARING AN EMERGENCY )City Clerk Kathleen Connelly briefed the council on the item. City Attorney Joel Stern asked what the effect would be on the taxpayers for their license; whether it would be retroactive or not. City Clerk Kathleen Connelly stated it will begin with the calendar year.For those new licensees that are coming in today, they will be prorated so REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 6 OF 10 that they are not being charged a full license fee now and another full license fee in January. City Attorney Joel Stern stated he wanted to make sure that was clear to the public. 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 Dietz MOVED THAT RESOLUTION NO. 09-56, 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 AND ENTITLED "THE 2008 AND 2009 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION", INCLUDING SECTION 8A-310; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1353, ADOPTING THE 2008 AND 2009 AMENDMENTS TO THE TAX CODE OF THE CITY OF APACHE JUNCTION, INCLUDING SECTION 8A-310, BY REFERENCE; WITH THE EMERGENCY CLAUSE )City Clerk Kathleen Connelly 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.There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 7 OF 10 Councilmember Barker MOVED THAT ORDINANCE NO. 1353 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. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Barker MOVED THAT ORDINANCE NO. 1353, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, DECEMBER 14, 2009, IN THE CITY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 8 OF 10 COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, DECEMBER 15, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. 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 limiting the freedom of speech and the time allowed for speaking. Ms. Ariel Ohler, 198 S. Thunderbird Drive, Apache Junction, addressed the council to invite everyone to the Holiday Light Festival.They have 50% more entries than last year and they will have additional activities taking place. Mayor Insalaco commented the certain person who brought this up leaves before they are allowed to comment.That certain person does not want to understand that Call to the Public is a privilege, here and in other cities, given to the people.It is not a right, it is a privilege.If a person does not want to follow the rules, when it states it will be to the item they are discussing, then he and anyone else are off base. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:29 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 17, 2009. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 9 OF 10 ACCEPTED THIS 15TH DAY OF DECEMBER, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF DECEMBER, 2009. ATTEST: KATHLEEN CONNELLY City Clerk N S. SNSALACO 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 1st day of December, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd of December, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 2009 PAGE 10 OF 10