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HomeMy WebLinkAbout2008-05-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 6, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 6, 2008, 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 7:02 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly City Engineer Giao Pham Others Present:Grants Specialist Roger Hacker Program Coordinator Heather Patel ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 1 OF 10 THAT THE AWARD OF BID FOR LIGHT TOWERS FOR THE POLICE DEPARTMENT BE AWARDED TO A TO Z EQUIPMENT IN AN AMOUNT NOT TO EXCEED $37,290.00; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE BIDS RECEIVED ON MARCH 27, 2008, FOR FIREARMS TRAINING SIMULATOR FOR THE POLICE DEPARTMENT BE REJECTED; AND THAT RESOLUTION NO. 08-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2008 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") APPLICATION, BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT NO. PW-2008-06, SOUTHERN REHABILITATION PROJECT, BE AWARDED TO SUNLAND ASPHALT THROUGH AN EXISTING JOINT COOPERATIVE CONTRACT, STRATEGIC ALLIANCE ON VOLUME EXPENDITURES CONTRACT THROUGH DYSART SCHOOL DISTRICT PUBLIC BID #0506-018, FOR THE REHABILITATION OF SOUTHERN AVENUE FROM TOMAHAWK ROAD TO CORTEZ ROAD IN THE AMOUNT OF $158,146.55 PLUS 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $15,814.66 FOR A TOTAL AMOUNT NOT TO EXCEED $173,961.21; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 08-09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING DEDICATIONS OF LAND TO THE CITY OF APACHE JUNCTION INCLUDING PORTIONS OF FOUR PARCELS IDENTIFIED UNDER PINAL COUNTY ASSESSOR'S PARCEL NUMBERS 101-04-006, 103-01-008, 102-11-011A, AND 101-22-007B, BE APPROVED; AND THAT RESOLUTION NO. 08-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED ON OLD WEST HIGHWAY AND GOLDFIELD ROAD IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC RIGHT-OF-WAY AND IS HEREBY ABANDONED, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 2 OF 10 AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a proclamation designating the month of May as "Motorcycle Safety and Awareness Month".Mayor Insalaco presented it to Mrs. Teri Kelley, state board member of the Modified Motorcycle Association of Arizona. City Clerk Kathleen Connelly read a proclamation designating May 18-24 as "National Public Works Week".Mayor Insalaco presented it to City Engineer Giao Pham. CALL TO THE PUBLIC: Mr. Ernest Imbeault, 2835 W. Cody Street, Apache Junction, addressed the council in support of artists' rights. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding unjustified force being used by police agencies nationwide and his perceived harassment by city police. Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding remarks made by the mayor and vice mayor. Mr. Emory Caudill, 39216 N. Kelley Circle, Queen Creek, addressed the council in support of artists' rights. Mr. Carey Blazek, 1566 S. Saguaro Drive, Apache Junction, addressed the council regarding additional funding for animal control, the police department, the good response he has received from city officials and that he is proud to live in Apache Junction. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the Buracker report, the respect she received by the police department in 2006-07, and police officers returning to a lack of respect for citizens in 2008. Ms. Marta Saint James, 6646 S. Sinagua Court, Gold Canyon, addressed the council to thank the parks and recreation department, the parks and recreation commission, and J2 Design for getting input from county residents for Silly Mountain Park and announced that her group would help with fundraising for the park. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 3 OF 10 Vice Mayor Eck commented there have been questions each time on citizens' constitutional rights and first amendment rights being broken; in his opinion the city and the council have not intended to nor have gone after someone's first amendment rights.Some of these lawsuits that are being mentioned are not accurate to what they are being compared to when they are here. He thinks it is more of a sales tax issue than anything else. It is not first amendment rights, which would be telling someone their art is not good enough to sell in the community.That has never been said.Another comment was about a quote where he said he did not believe something.He does not remember the actual issue where that comment was made but he would be glad to talk to Mr. Stephens about it.He respects his rights to come up and voice his opinion, and he hopes Mr. Stephens would respect his rights to have his own opinion on that.He added the Buracker report was created because they wanted to know where the police department was and that there was no favoritism either way.It was not an easy task to accomplish.They are in line to do another audit, as they had committed to, and if there are wrongdoings they should be addressed.The goal is to serve and protect, and that is what the goal has always been. Councilmember Severs thanked Ms. Saint James, stated that when she says she will be having a fundraiser they know it will happen, and that the city will need her fundraising.He would do anything that he needs to do to help. Councilmember Serdy commented all revenues are down; they are almost in a budget crisis.They are currently working on the budget.There is an item coming up on a nonprofit organization that should be able to help with animal control and may get the money they need down there. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman commented on the new Finance Director Donna Meinerts, a luncheon given to honor volunteer hours that included Roger Hacker and Liz Riley as honorees, the parks and recreation department getting recognition for landscape and maintenance nationally, and the mayor being REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 4 OF 10 recognized in In Touch magazine for his volunteer work with Habitat for Humanity. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LOST DUTCHMAN #3850, FRATERNAL ORDER OF EAGLES, FOR FLAG DAY AND INDEPENDENCE DAY ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. An unidentified man from the audience clarified that it was the Eagles, not the Elks organization. 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 discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LOST DUTCHMAN #3850, FRATERNAL ORDER OF EAGLES, FOR THE DATES OF JUNE 14, 2008 AND JULY 4, 2008, SUBMITTED BY CHUCK KINSLEY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQOUR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILIY CO., SERIES 10 LIQUOR LICENSE FOR GOLDFIELD CHEVRON ) REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 5 OF 10 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Waljeet Hundal addressed the council.He stated he currently lives in Chandler but he will be spending more of his time here.He requested the application be approved. 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 discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR GOLDFIELD CHEVRON, SUBMITTED BY WALJEET SINGH HUNDAL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 08-07, REAFFIRMING THE CROSSROADS REDEVELOPMENT AREA ) )Program Coordinator Heather Patel 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. Vice Mayor Eck MOVED THAT RESOLUTION NO. 08-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REAFFIRMING THE 1998 REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 6 OF 10 DECLARATION AND ADOPTION OF THE CROSSROADS REDEVELOPMENT AREA AND CROSSROADS REDEVELOPMENT PLAN, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CREATION OF AN APACHE JUNCTION NONPROFIT COMMUNITY FOUNDATION )Grants Specialist Roger Hacker briefed the council on the item. Councilmember Severs asked if there would be different categories or different areas that people can make donations to. Grants Specialist Roger Hacker stated they need to establish a gift acceptance policy. They can take cash or any of those types of donations.It gets to be somewhat problematic when someone wants to give a piece of land.They need to have a policy in place to safeguard the city so that it is not taking a white elephant. Councilmember Severs commented he is talking about something that Mr. Blazek stated, such as someone stating they would like to donate $1,000 for medication for animals.These would be donations for specific reasons. Grants Specialist Roger Hacker •stated they absolutely can. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 7 OF 10 Councilmember Dietz commented he thought they could already do that now. City Attorney Joel Stern stated they can. Vice Mayor Eck commented this brings it out to light much more. Councilmember Severs stated he was told that under our current policy that any donations for animal control go to the police department in general and then make their way down to animal control.He asked if that is correct. City Attorney Joel Stern stated he is not sure how finance does it, but it can be earmarked for a specific department or division. Councilmember Severs commented he was thinking that this whole process might make some things easier. Vice Mayor Eck commented it does do that. Grants Specialist Roger Hacker stated there is a procedure in place.He has talked to Mr. Lewis about this with a specific donation about 3 to 4 years ago for animal control.It was a life insurance policy wherein the holder of the policy wanted to designate Apache Junction Animal Control as the designated recipient of the benefits from that policy.Mr. Lewis told him at that time that there is a separate, designated account for that set up for animal control. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CREATION OF AN APACHE JUNCTION NONPROFIT COMMUNITY FOUNDATION: THAT STAFF TAKE THE STEPS NECESSARY TO ESTABLISH A COMMUNITY FOUNDATION TO SUPPORT THE ACTIVITIES, PROGRAMS AND FACILITIES OF THE CITY, AND TO USE THE LIST OF IMPLEMENTATION TASKS THAT IS INCLUDED IN THIS INFORMATION. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 8 OF 10 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. •The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:30 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 19, 2008, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:30 P.M. BE HELD ON TUESDAY, MAY 20, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED Mayor Insalaco adjourned the meeting at 7:47 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of April 15, 2008. 3. Approval of award of bid to A to Z Equipment for purchase of the Light Towers in an amount not to exceed $37,290.00. 4. Rejection of bids for Firearms Training Simulator. 5. Approval of Resolution No. 08-06, committing local funds for Fiscal Year 2008 Community Development Block Grant Application. 6. Approval of contract for Southern Avenue rehabilitation project in an amount not to exceed $173,961.21. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 9 OF 10 7. Approval of Resolution No. 08-09, acceptance of various rights -of -way. 8. Approval of Resolution No. 08-05, declaring that a portion of the Goldfield Road and Old West Highway public right-of-way is no longer necessary for public use and is hereby abandoned. ACCEPTED THIS 20TH DAY OF MAY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2008. ATTEST: KATHLEEN CONNELLY City Clerk 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 6th day of May, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of May, 2008. Z /* 4 e . . . K g 4 i d 4 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2008 PAGE 10 OF 10