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HomeMy WebLinkAbout2008-06-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 17, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 17, 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 7:04 p.m. INVOCATION Vice Mayor Eck gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson (telephonically) Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerry Monahan Library Director Pam Loui Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Dev. Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 1 OF 11 Others Present:None. ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) FOR ECONOMIC DEVELOPMENT SERVICES IN AN AMOUNT NOT TO EXCEED $21,541 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT COUNCILMEMBER RICK DIETZ BE REAPPOINTED AS THE CITY'S REPRESENTATIVE TO THE GPEC BOARD; AND THAT RESOLUTION NO. 08-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED; AND THAT APPROVAL BE GIVEN TO EXTEND CONTRACT NO. PW 2006-03 BETWEEN THE CITY OF APACHE JUNCTION AND SUPREME OIL COMPANY FOR A SECOND TIME, EXTENDING THE CONTRACT FROM JULY 1, 2008 THROUGH JUNE 30, 2009, FOR DIESEL AND UNLEADED FUEL; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT; AND THAT AUTHORIZATION BE GIVEN TO THE CITY MANAGER TO SIGN AND CONVEY THE ATTACHED LETTER AND EXHIBITS TO THE STATE LAND DEPARTMENT TO REQUEST THAT THE STATE LANDS SELECTION BOARD ALLOW THE CITY TO ANNEX APPROXIMATELY 32 ACRES OF STATE TRUST LAND AT THE NORTHEAST CORNER OF SOUTH MERIDIAN DRIVE AND WEST ELLIOT AVENUE ALIGNMENT; AND THAT ITEM NUMBER 11 TO FOLLOW ITEM E ON THE AGENDA. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 2 OF 11 The motion carried. OLD BUSINESS APPOINTMENTS TO FILL VACANCIES ON THE PLANNING AND ZONING COMMISSION AND THE BOARD OF ADJUSTMENT AND APPEALS ) )Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT CHARLES BUNTEN BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2008, WITH AN AUTOMATIC EXTENSION TO OCTOBER 30, 2008, PENDING AMENDMENT TO THE CITY CODE REGARDING TERM EXPIRATION DATES. Vice Mayor Eck SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. Councilmember Serdy MOVED THAT GARY GROUNDS BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2008, WITH AN AUTOMATIC EXTENSION TO OCTOBER 30, 2008, PENDING AMENDMENT TO THE CITY CODE REGARDING TERM EXPIRATION DATES. Councilmember Barker SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. Mayor Insalaco called for motions for the vacancies on the Board of Adjustments and Appeals. Councilmember Dietz MOVED THAT MIKE WELLER BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 3 OF 11 TERM TO EXPIRE JUNE 30, 2009, WITH AN AUTOMATIC EXTENSION TO OCTOBER 30, 2009, PENDING AMENDMENT TO THE CITY CODE REGARDING TERM EXPIRATION DATES. Councilmember Barker SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. Councilmember Barker MOVED THAT JASON RUSSELL BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE JUNE 30, 2010, WITH AN AUTOMATIC EXTENSION TO OCTOBER 30, 2010, PENDING AMENDMENT TO THE CITY CODE REGARDING TERM EXPIRATION DATES. Councilmember Serdy SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. (Councilmember Wilson was absent for the remainder of the meeting.) AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC: Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding allegations against the city attorney and the alleged attempt by city personnel to find moles in the police department giving information to him. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding artists' rights. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding allegations against an animal control officer. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 4 OF 11 Mr. Mike Lewis, 4681 N. San Marcos, Apache Junction, addressed the council regarding Option X. Ms. Glenda Serdy, 1425 S. Coconino, Apache Junction, addressed the council regarding the investigation of her son and her concern with the city attorney. Mr. Daniel Washburn, 2855 W. Hidalgo, Apache Junction, addressed the council to thank them for the job they do and for the recreational opportunities for his children and then announced he is running for Pinal County Superior Court Judge. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council to state she was appalled by who they appointed to the Planning and Zoning Commission and Board of Adjustment. Mr. Paul Babeu, 29136 N. Red Finch Drive, Queen Creek, addressed the council to announce he is running for Pinal County Sheriff. Mr. Emory Caudill, 39216 W. Kelley Circle, Queen Creek, addressed the council regarding artists' rights. Vice Mayor Eck defended the city attorney stating he does not tell people what they want to hear so he is then considered a bad guy or trying to cover something up; he has no experience with that and he has about 11 years of working with Joel.He finds him to be extremely open to working with the public.He has called other agencies and the attorney general's office and the first thing they say is they cannot give him legal advice. Joel will work with you.He has no knowledge of Joel Stern doing anything illegal and he has no knowledge of Joel doing anything against the city.The other issue is Option X.The city has hired Mr. Barr, a very well known First Amendment rights attorney to tell us if the city had a choice on Option X or not; he said absolutely, the city does.He does not believe that Option X is legal.He recommended the city stay away from Option X.While they are saying that this attorney is for the newspapers, Mr. Barr informed him to stay away from Option X. He is going to do that for the citizens of this community.For the business people who pay for the overhead and pay for the license to sell art, he asked if they are supposed to close their doors and go sell in parking lots.It is not fair.He believes if they are going to sell something in the city they REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 5 OF 11 need to get a license the same way anyone in business does. They need to pay the minimum tax.He asked Glenda Serdy for her phone number.He asked the city manager to check on the allegations with animal control as he does not know what is going on there.He commented he believes Mr. Lewis is talking about the artwork when he states they are not following the Constitution; he has no idea how this council does not follow the Constitution rights. Councilmember Serdy commented he would also like to be informed on the animal control issue. Councilmember Severs commented he was informed that there is a difference between what we can do to say this piece of artwork is not good enough and this piece is.That is illegal and protected.We cannot do that.But anybody who sells items for a living has to obtain a business license and has to pay taxes on that.He does to sell furniture; to sell hand -carved pieces of furniture.They have talked about this in the past.If they do Option X, what is to say that the person who handcrafts gold jewelry is not going to come to them and say they do not want to pay taxes or have a business license.People like the vice mayor was just talking about will come to us and say they do not want to pay taxes or have a business license.There seems to be a difference between the Ninth Circuit ruling and what actually is.The council was told by an attorney that this does not have to happen.There is a difference between judging what is good and what is not and charging taxes on it.He would like to get it straight once and for all.He asked if they could have the attorney come in here and speak for the council and the law so that they could get this thing finished once and for the city is wrong, then the city needs to go in that If the city is right, then the artists need to go in direction.He would like to have it figured out one another.The second issue he has is the allegations city attorney, animal control agents, several police all.If direction. that way or against the officers, and city manager.He believes they have discussed another audit and he is hoping it is soon.When it happens he would like for it to be organization -wide, not just the police department.He would like to see what is being done right and what is being done wrong. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 6 OF 11 Mayor Insalaco commented they are trying to portray them as not allowing the artists to sell their art.It is not that they are not being allowed to sell their art, the city just wants them to abide by what every other person has to do.No one has stopped them from selling their art, they are just being asked to get a business license like everybody else has to do.We have an artists' group in the community that has a business license.We have a lot of art fairs; they all have business licenses.They are asking them to do this so that everyone is on an even keel. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR FOX TOBACCO AND LIQUOR )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Mitchell Fox addressed the council but had nothing to add. 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 NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR FOX TOBACCO AND LIQUOR, SUBMITTED BY MITCHELL FOX, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 7 OF 11 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1321, AMENDING CITY CODE CHAPTER 3 ADMINISTRATION, ARTICLE 3-6 DEPARTMENT OF PUBLIC SAFETY,BY MODIFYING SECTION 3-6-3, SUBSECTION (B)APPOINTMENT AND DISMISSAL,AND DECLARING AN EMERGENCY ) )City Attorney Joel Stern 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 discussion, he called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1321 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1321, AS READ BY THE CITY CLERK, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 8 OF 11 VOTE:Unanimous. The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. 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, JUNE 30, 2008, 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, JULY 1, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED ) )Mayor Insalaco adjourned the meeting at 7:45 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of June 3, 2008. 3. Acceptance of the Minutes of Special Meeting of June 3, 2008. 4. Consideration of approval of a contract renewal with Greater Phoenix Economic Council (GPEC) for economic development REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 9 OF 11 service in an amount not to exceed $21,541.00 and reappointment of Council Member Rick Dietz as the City's representative to the Board. 5. Approval of Resolution No. 08-17:Authority to submit a Transportation Equity Act for the 21st Century (TEA -21) grant application. 6. Approval of Contract Extension with Supreme Oil Company. 7. Authorize the City Manager to request that the State Lands Selection Board allow the City to annex approximately 32 acres of State Trust Land at the northeast corner of S. Meridian Drive and the W. Elliot Avenue alignment. ACCEPTED THIS 1ST DAY OF JULY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2008. ATTEST: KATHLEEN CONNELLY City Clerk 154-14-A lli t t tiHN S. INSALACO Mayor 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 REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 10 OF 11 17th day of June, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of June, 2008. / e r -vt-e,--A L 4 X -it-e,l 4 - KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2008 PAGE 11 OF 11