Loading...
HomeMy WebLinkAbout2008-11-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 18, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 18, 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 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: (There is one vacancy on the council.) 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 Economic Dev. Director Steve Filipowicz Others Present:Grants Specialist Roger Hacker Captain Arnold Freeman REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 1 OF 13 Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE MODIFIED EMPLOYMENT AGREEMENT WITH THE CITY MANAGER BE RATIFIED; AND THAT THE AWARD OF BID FOR PW 2008-15, MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF APACHE JUNCTION, AS NEEDED, BE AWARDED TO TALIS CONSTRUCTION CORPORATION IN THE AMOUNT OF $470 PER UNIT FOR MOBILIZATION, $725 PER UNIT TO LOWER A MANHOLE, $790 PER UNIT TO RAISE A MANHOLE, $690 PER UNIT TO LOWER A WATER VALVE, $690 PER UNIT TO RAISE A WATER VALVE, $790 PER UNIT TO INSTALL SURVEY MONUMENT "B", AND $295 PER UNIT FOR TRAFFIC CONTROL; AND THAT THE AWARD OF BID FOR PW 2008-14, PAVING MATERIALS, BE AWARDED TO MESA MATERIALS, INC. IN THE AMOUNT OF $89.78 PER TON FOR 9.5 MM, 5.6% AC SUPERPAVE; $87.57 PER TON FOR 12.5 MM 5.1% AC SUPERPAVE; $86.49 PER TON FOR 19 MM, 4.8% AC SUPERPAVE; $86.49 PER TON FOR 19 MM, 5.0% AC SUPERPAVE; $117.92 PER TON FOR COLD MIX; AND $85 PER HOUR FOR STAND BY TIME OVER 20 MINUTES; AND THAT RESOLUTION NO. 08-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY PRE- DISASTER MITIGATION APPLICATION FOR THE FISCAL YEAR 2009, BE APPROVED; AND THAT RESOLUTION NO. 08-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO AN APPLICATION FOR FY 2008 STATE SPECIAL PROJECTS FOR A HOUSING REHABILITATION ACTIVITY, BE APPROVED; AND THAT RESOLUTION NO. 08-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 2 OF 13 LOCAL FUNDS AS LEVERAGE FOR A FY 2008 STATE SPECIAL PROJECTS (SSP) APPLICATION, BE APPROVED; AND THAT ITEM NO. 15, SELECTION OF APPLICANT TO FILL COUNCIL TERM, BE MOVED TO FOLLOW THE CITY MANAGER'S REPORT AND THAT ITEM NO. 16, SELECTION OF CITY MAGISTRATE, BE CONTINUED TO THE MEETING OF DECEMBER 2, 2008. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly read a proclamation from the governor designating November 24, 2008, as "Apache Junction Thirtieth Anniversary". CALL TO THE PUBLIC: Ms. Tess Nesser filled out a form but declined to speak. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding alleged remarks made to her by a supervisory member of the police department. Mr. Steve Flynn, 395 N. Acacia, Apache Junction, addressed the council regarding cities being bailed out by federal government. Mr. Dave Waldron, 707 E. Mesquite, Apache Junction, addressed the council regarding the city's support of the Veterans Day Parade. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the Pinal County general election and the council vacancy position. Mr. John Mahoney, 455 S. Delaware, Apache Junction, addressed the council regarding MediaCom problems. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 3 OF 13 Mrs. Sandie Smith, 4415 S. Primrose, Apache Junction, addressed the council regarding a thank you dinner at the Windmill in Florence on December 14 with proceeds going to the Boys and Girls Club of Apache Junction and available tax deductions for donations to the Boys and Girls Club. Vice Mayor Eck commented now is the time to get input on MediaCom cable service.The city needs to know their concerns, which should be directed to the city manager's office. Councilmember Serdy commented his cable reception has been terrible the last 2 days and he is disturbed that there is no competition.He does not see why it has to be only one company. It would make it better if there was someone else to press them. If anything comes in the future, it should make them more responsive and give better service. Vice Mayor Eck commented he was told they could have more than one cable company, but it is just not feasible for them to compete. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented that the Focal Point had been on hold awaiting donations for the next step.Treasure Chest had donated stone and Ace Hardware had donated conduit.The next step needed a great amount of concrete.The Fort McDowell Yavapai Nation has donated $20,000 for that next step.Once that is done, they can get the donor bricks going. CITY MANAGER'S REPORT City Manager George Hoffman commented on people shopping Apache Junction and then had Chief Jerald Monahan announce that Brett Jackson had been promoted to lieutenant. NEW BUSINESS SELECTION OF APPLICANT TO FILL BALANCE OF COUNCIL TERM CREATED BY RESIGNATION OF MR. JOE SEVERS )City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 4 OF 13 Vice Mayor Eck asked if the first nomination is voted on in sequence. City Clerk Kathleen Connelly stated they make a single nomination, vote on the nomination, and if it is not successful then someone offers another one. Vice Mayor Eck commented he remembered doing this 23 times before. Councilmember Dietz commented it was 21 times. Councilmember Serdy asked if they could make statements before they start this.He thinks everyone wanted to say how tough this decision would be.For those that did not make it, he encouraged them to run this spring as he had a hard time sorting them out of the bunch. There are 3 or 4 he would like to see get the position. Unfortunately, it is only for 6 or 7 months.He did not think there was a bad candidate in the whole bunch. Councilmember Wilson commented he had originally suggested that they limit it down to three and he now understands that they cannot do that.He has six names that he liked, and he commended everyone that put in for it.He appreciated their dedication to the city, and that they were dedicated enough to step forward, even though the microphone made some of them nervous and made them feel like they were under a microscope.They definitely appreciated them all coming forward and some of them expressed some heartfelt statements about their feelings for Apache Junction.They want to be able to continue this and work towards their ultimate goal of improving the community and what we offer to our citizens. Vice Mayor Eck commented he wholeheartedly agreed with everything that has been said.He was impressed in the interview process.He has a list of 8 names with 4 of them grouped right together.He did not know what to expect and was pleasantly surprised at how well all the applicants did.He got a good impression from all the applicants. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 5 OF 13 Councilmember Dietz thanked them all and added it was awesome to see the compassion, dedication and love for the city that all of them exhibited. The level of competency is awesome and a lot of qualified people put in for the position.This one has been difficult.He knows how they feel having to stand up there with all the council asking them questions as he had to do it eleven years ago.He went through 21 nominations before he was appointed to fill the vacancy.It was brutal.He again thanked each one for what they did. Mayor Insalaco commented he was impressed.He added that he really saw Elliott Fisher's passion for the city last night; it was the first time he had ever seen it.He thanked him for that.Jodene Weeter and so many other people showed their passion for Apache Junction.He did not want to single Elliott out, but last night was the first time he had seen his true feelings. Councilmember Dietz commented this is going to be difficult because there are so many people qualified. Vice Mayor Eck commented 12 people will be upset with him. Councilmember Dietz commented he is sure he will get criticized.He NOMINATED DOUGLAS COLEMAN FOR COUNCIL MEMBER. VOTE:Unanimous. Councilmember Serdy stated during the vote that being a short term like this, if it were a longer term he might possibly vote different.But the experience figured in.He always uses baseball analogies, and at the end of the season they do not want to bring a rookie in for the last push. Councilmember Wilson stated during the vote that he wanted to make a quick statement also. He believes that he has some of the best knowledge of what is going on. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 6 OF 13 Vice Mayor Eck stated during the vote that he agreed with what Councilmember Serdy said on the short term, not that he would not put him in for a long term, but there were some very close seconds. Mayor Insalaco stated during the vote that Doug Coleman has probably got more compassion for this city than the next 10 people he knows.As far as experience, that is what we need right now. The motion carried. minute break. meeting. PUBLIC HEARINGS Mayor Insalaco called for a 5 Mayor Insalaco reconvened the APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR 2349 ELKS LODGE FOR JANUARY 10, 2009 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Denny Walter addressed the council.He stated they would appreciate their approval. They are having a collection of classic cars.The donations will go back to the community.They will have AJ Rangers standing at the perimeter.They will protect their liquor license and the public.They want to do a good visual for the city. Vice Mayor Eck commented he has seen them in action on a couple of their fundraisers and they are very protective.They are a class act. Councilmember Barker asked if the applicant had been advised of the memo from planning which REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 7 OF 13 asked for the applicant to be reminded that alcoholic beverages must be kept inside the fence and that it is advised that all inventory on the premises needs to be removed by the following day.She asked if he had been given that information. Mr. Denny Walter stated they had not but they usually do it the same day.They have their caution signs and fences.The AJ Rangers are very willing to protect the city and the public. Mayor Insalaco opened the public hearing on the item.There being no one else 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 THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE LIQUOR LICENSE OF 2349 ELKS LODGE, SUBMITTED BY DENNY WALTER FOR JANUARY 10, 2009, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 08-36, ADOPTING FINDINGS OF APPLIED ECONOMICS REGARDING PROPOSED RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH EMPIRE SOUTHWEST LLC/RESOLUTION NO. 08-35, ADOPTING A NOTICE OF INTENT TO ENTER INTO A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH EMPIRE SOUTHWEST LLC )Economic Development Director Steve Filipowicz briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 8 OF 13 Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearings and opened the item to council discussion. Councilmember Dietz thanked Empire Southwest and staff for working so hard to get this taken care of. It has been a long haul back and forth, being in work sessions a couple times with design changes and this and that. He thinks they came up with a fantastic agreement.He would like to get it done and get it rolling. Vice Mayor Eck stated he is concerned because the city does not have design review. However, Mr. Taylor has assured him that he feels this building is going to be a very nice looking building.He is concerned that they do not have a cap on this, such as Santa Fe style or a western type of theme.It is right on the freeway.The fact that we are getting a new type of business is phenomenal.If they were getting a new type of grocery store, it would go into competition with the other grocery stores.Empire, especially with the heavy equipment and the mines going as strong as they are, is a unique business for the community. Councilmember Serdy stated he thinks it is great as it is a harbinger of things that are going to come.This happens first before all the growth that is coming.It will lay the groundwork for all of the building that will come south of the freeway. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 08-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINDINGS OF APPLIED ECONOMICS REGARDING A PROPOSED RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EMPIRE SOUTHWEST, L.L.C., BE APPROVED. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 9 OF 13 VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RESOLUTION NO. 08-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, ADOPTING A NOTICE OF INTENT TO ENTER INTO A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH EMPIRE SOUTHWEST, L.L.C., BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PROPOSED COMMERCIAL HORSE BOARDING REGULATIONS ) )Councilmember Wilson briefed the council on the item.The outcome of a year's work with the community and the horse boarding facilities were presented at the November 3, 2008 work session.Council discussed it at that time and he would like to move this on to planning and zoning. Vice Mayor Eck asked if staff is going to start thrashing the language as they had discussed prior. Councilmember Wilson stated that is correct.They will be discussing and working with Joel REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 10 OF 13 to get the correct legal wording.It would then go on to planning and zoning, and after they finish it up it will come back to the council. Councilmember Barker asked if some of the questions that were brought up that night had been addressed or are they going to come back to the council the same way but in legal language. Councilmember Wilson commented he has passed those on to Brad and they will also be passed on to planning and zoning. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED HORSE BOARDING REGULATIONS:THAT THIS BE PRESENTED TO PLANNING AND ZONING ON DECEMBER 9 AS OUTLINED IN THE DEVELOPMENT SERVICES DIRECTOR'S MEMO TO COUNCIL THAT WAS GIVEN TO THEM AT THE NOVEMBER 3, 2008 WORK SESSION WITH THE REMOVAL OF THE REFERENCES TO THE SHADES. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Serdy asked when Mr. Coleman would be joining the council. City Clerk Kathleen Connelly stated it would be on the next agenda for him to be sworn and seated. 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, DECEMBER 1, 2008, IN THE CITY REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 11 OF 13 COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, DECEMBER 2, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED Mayor Insalaco adjourned the meeting at 8:18 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 4, 2008. 3. Consideration of changes to City Manager employment agreement. 4. Consideration of PW 2008-15, material and labor to lower and raise manholes and valves at various locations throughout the City of Apache Junction, as needed. 5. Consideration of PW 2008-14, approval of award of bid to Mesa Materials, Inc. for paving materials. 6. Consideration of Proposed Resolution No. 08-39, Committing Local Funds as Leverage in Financing Fiscal Year 2009 Pre- Disaster Mitigation Program Application. 7. Consideration of Proposed Resolution No. 08-32, Adoption of Owner Occupied Housing Rehabilitation Program Guidelines. 8. Consideration of Proposed Resolution No. 08-33, Committing Local Funds as Leverage in Financing Fiscal Year 2008 State Special Project Grant. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 12 OF 13 ACCEPTED THIS 2ND DAY OF DECEMBER, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF DECEMBER, 2008. ATTEST: KATHLEEN CONNELLY City Clerk d6../iv'IPi(VV3k--L- N 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 18th day of November, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st of November, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2008 PAGE 13 OF 13