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HomeMy WebLinkAbout2008-12-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 2, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 2, 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 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: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Library Director Pam Loui Economic Dev. Director Steve Filipowicz Captain Tom Kelly Captain Arnold Freeman Executive Secretary Carlena Lawson Asst. to the City Manager Ruth Giese REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE MOVE ITEM NO. 11 ON TONIGHT'S AGENDA UP TO THE AWARDS PRESENTATION TO FOLLOW ITEM NO. 6. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly administered the ceremonial oath of office to newly -appointed Councilmember Douglas Coleman. Pinal County Supervisor Sandie Smith gave a presentation on the changes in government resources and the growth of the city during her tenure. Chief Monahan presented a flag and Mayor Insalaco presented a retirement plaque to Officer David Barnes for his 22 years of service. Chief Monahan presented a flag and Mayor Insalaco presented a retirement plaque to Officer Joseph Shikany for his 13 years of service. OLD BUSINESS SELECTION OF NEW CITY MAGISTRATE AND AUTHORIZATION FOR MAYOR TO SIGN THE EMPLOYMENT AGREEMENT )City Manager George Hoffman briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Dietz MOVED THAT JAMES HAZEL BE SELECTED FOR THE CITY MAGISTRATE POSITION AS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 2 OF 12 THE REPLACEMENT FOR RETIRING JUDGE DAVID ALEXANDER; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE EMPLOYMENT AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mr. James Hazel addressed the council regarding his appointment and complimented the city staff he had worked with thus far.He added he is looking forward to working for the city. Vice Mayor Eck commented that the two retiring officers, David Barnes and Joe Shikany, are two of Apache Junction's finest.He has seen them in action for years and they are two of the most professional people he has experienced.It was a pleasure to have both of them on staff. Mayor Insalaco seconded that. Councilmember Serdy commented he thinks a lot of times in sports analogies and with the injuries to Officer Shikany we lost a valuable member of our team in his prime. CALL TO THE PUBLIC: Pinal County Supervisor Sandie Smith, 575 S. Idaho, Apache Junction, introduced Bryan Martyn, her successor. Mr. Bryan Martyn, 575 S. Idaho, Apache Junction, addressed the council to state he was looking forward to working with the city in the future. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding buying the focal point land. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 3 OF 12 Ms. Ariel Ohler, 198 S. Thunderbird, Apache Junction, addressed the council regarding the Shop Local program and announced the upcoming Holiday Light Parade. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council on the economic development of the city and distributed some research he had done. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented the city manager and the president of the Superstition Horsemen's Association met with the deputy director of State Land about the increase of permit fees on activities held on State Land beginning last August, leading to event cancellations due to the increased cost.The deputy director stated she would straighten up the double fees and try to make the fees competitive. Councilmember Coleman thanked the council for their support in appointing him and wanted to make sure there would be something coming up for Judge Alexander's retirement. CITY MANAGER'S REPORT City Manager George Hoffman commented Library Director Pam Loui had a presentation for them. Library Director Pam Loui had a video presentation of the library's grand opening on September 22 and areas of the library created with adults in mind. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 4 OF 12 Mr. Jeffrey Golzio, 936 W. Apache Trail, addressed the council.He took a year -and -a -half hiatus and he believes he is ready for another 27 years. 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. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS, SUBMITTED BY JEFFREY GOLZIO, 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. 08-37, APPROVING A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH EMPIRE SOUTHWEST )City Attorney Joel Stern briefed the council on the item. Economic Development Director Steve Filipowicz stated a full staff presentation is archived on the city website for review, the findings of an economist have been adopted, a notice of intent for the agreement has been approved, the site is presently under construction south of US 60 and east of Winchester Road, and it will bring •their lease operations to the city.The payback period has been extended to 8 years from 5 years due to the current economic conditions. Only the costs incurred will be reimbursed up to $300,000. Construction sales tax is excluded from the rebate, and no rebate occurs unless the total from the rental operations is over $150,000 per year.In normal years, this should generate $500,000 for the general fund; it should generate at least REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 5 OF 12 $250,000 a year for the city.Staff recommends adoption of the resolution. Mr. Grant Taylor, Empire Southwest, 1725 S. Country Club, Mesa, stated he is hoping for a favorable vote.They started off talking about the land two years ago.A partnership was formed to make this work.They are comfortable with being held to a higher standard.This will be their third -largest facility out of their 16 facilities in Arizona, Mexico and southeastern California.It will be here a long time.Mr. Whiteman is particular about his business and has a lot of pride in what he does and the part he plays in the community.They feel comfortable enough with the city council and staff that they moved forward in good faith and started construction before the agreement was met.They look forward to being a part of the community. Councilmember Dietz thanked him for putting up with them and working with them.There was a lot of hard work on both sides.He is glad to see it happen. Vice Mayor Eck asked if this is the third largest because of the proximity to the mines. Mr. Grant Taylor stated that is part of it.It is also that they will have some bigger machines in here.Some of the other locations in the outlying areas do not carry the big Dll bulldozers.They cannot even service them as they do not have facilities large enough to service them.This facility will be able to accommodate them for the mines and the growth that they hope will take place out here and will have the need for heavy equipment for the roads and infrastructure.They anticipate a lot of activity. Vice Mayor Eck stated it is great to have them out here.As Steve said, it gives us more versatility.When looking at all the different types of businesses, to have had another grocery store there or an auto dealership would not be the same as bringing in a completely different type of business.He thinks it is fantastic to have that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 6 OF 12 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 Barker asked if the person giving the motion should correct the 5 year figure to 8 years. City Attorney Joel Stern stated they should.It is part of the attachment that went with it. Councilmember Barker stated that is page 9 B (2). City Attorney Joel Stern stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. that is page 9 B (2). stated that is correct. Councilmember Barker MOVED THAT RESOLUTION NO. 08-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH EMPIRE SOUTHWEST L.L.C., BE CORRECTED ON PAGE 9, PART B (2) SO THAT INSTEAD OF READING FIVE (5) YEARS, THAT IT NOW READ EIGHT (8) YEARS, AND THAT THAT BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 7 OF 12 None. COUNCIL DIRECTION TO STAFF CABLE LICENSE AGREEMENT RENEWAL WITH MEDIACOM COMMUNICATIONS CORPORATION )Assistant to the City Manager Ruth Giese briefed the council on the item. Mayor Insalaco commented he hoped they would put a phone line in the city, instead of having the citizens call a number and talk to someone in Tennessee, North Carolina, Alabama or Puerto Rico.It is not only his concern; he believes it is a big concern of most of the council. It is one of the big things.They want them to have a local phone number that citizens can call to find out what is going on. Councilmember Serdy commented he hopes that when the roads go in to the south they will be able to get state of the art cables that they will need so that they will not have to come in and do it later.He would like to be on top of that. Councilmember Barker commented they also talked last night about exploring other companies that offer the same services so that we would know where we stand in the market, and what kind of competition could or could not occur in the community. Councilmember Coleman asked if there is a contact person in the city where if customers do not find satisfaction with the call that they can call and report it to the city. Assistant to the City Manager Ruth Giese stated that is her. Councilmember Coleman asked if she had been receiving a lot of calls. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 8 OF 12 Assistant to the City Manager Ruth Giese stated she had not.They had logged all the customer complaints that the city manager's office received in the last four years.They had a total of 43 calls in that time period. She logged them and forwarded them to Mediacom.Residents are welcome to call the city manager's office if they do not receive help initially from Mediacom. Councilmember Coleman commented he was going to ask if there was some way of letting the people know that they can call here. Councilmember Dietz asked if there was some way to let them know, such as putting it on the webs ite. Councilmember Coleman commented that is why he mentioned it. Vice Mayor Eck commented he thinks that is the biggest issue.Everything is privatized so he does not think most people know that if they have a problem they can call the city.He believes they would have more than 43 calls after talking to people over the years with the problems they have been having.He commented there should be a way to educate the residents to let them know to contact the city if they are having a problem.He thinks the local number is the biggest complaint.They call the local number and get someone out-of-state yet drive to the office and get action. One had to physically drive to the office to get action. Assistant to the City Manager Ruth Giese stated if the complaint is internet-related, it is under the purview of the Federal Communications Commission. Complaints on Mediacom of that nature go directly to them.The city has no way of authorizing reports or persuading Mediacom to make any adjustments.We do forward any calls they get in regard to that and provide the caller with information on how to file a Federal Communications Commission complaint. Councilmember Dietz commented he assumes Mediacom would take it a little more seriously when REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 9 OF 12 it is coming from the city and not just a resident.He would also like to limit the contract to 5 years or so. City Attorney Joel Stern stated he would like a clarification on the local phone line. They would like a phone line that does not transfer the call. Mayor Insalaco commented it should not transfer the call.They want to talk to someone here.They currently call the local number and they are transferred to Tennessee. Councilmember Coleman commented he did not mean to imply that they should call the city first. Vice Mayor Eck commented he feels they have the administrative authority and they try the best that they can to try to uphold the contract and help the citizens.By what he has seen the last 24 years, Mediacom by far has been the best of the servers they have had in those years.They are not trying to get down on any particular company; they are just trying to do what is responsible.He thinks they are put under a tremendous demand with the satellite television.If they cannot serve an area, there is definitely some competition. Mayor Insalaco stated there is definitely competition out there.He closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE CABLE LICENSE AGREEMENT RENEWAL WITH MEDIACOM COMMUNICATIONS CORPORATION:THAT, FIRST OF ALL, THEY BEGIN THAT PROCESS OF NEGOTIATION; THAT THEY INCLUDE WITHIN THE PROCESS A LOCAL PHONE NUMBER WITH A HUMAN HERE ANSWERING IT; THAT WE EXPLORE THE OTHER COMPANIES THAT OFFER THE SAME SERVICE; AND THAT WE LOOK AT THE POSSIBILITY OF SHORTENING THAT CONTRACT TO FIVE YEARS AS A TERM, RATHER THAN LONGER THAN THAT. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 10 OF 12 VOTE:Unanimous. 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, DECEMBER 15, 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, DECEMBER 16, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED )Mayor Insalaco adjourned the meeting at 8:26 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 18, 2008. ACCEPTED THIS 16TH DAY OF DECEMBER, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF DECEMBER, 2008. Jtpf S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 11 OF 12 ATTEST: KATHLEEN CONNELLY City Clerk 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 2nd day of December, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th of December, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2008 PAGE 12 OF 12