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HomeMy WebLinkAbout2008-03-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 4, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 4, 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 7:15 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 Serdy Councilmember Wilson Staff Present: Others Present: (Councilmembers Dietz and Severs were absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly Public Works Director David Fern Grants Specialist Roger Hacker Program Coordinator Heather Patel Assistant City Attorney Maryann Coyne REGULAR MEETING OF THE CITY COUNCIL. MARCH 4, 2008 PAGE 1 OF 10 Animal Control Officer Dean Newell Animal Control Officer Debbie Sullivan ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN FOR EXPENDITURES TO MOTOROLA, INC. FOR THE PURCHASE OF MW800 IN -CAR MOBILE DATA COMPUTERS FOR POLICE DEPARTMENT PATROL VEHICLES IN AN AMOUNT NOT TO EXCEED $45,000; AND THAT AUTHORIZATION BE GIVEN FOR EXPENDITURES TO KUSTOM SIGNALS, INC. FOR THE PURCHASE OF THE ION DIGITAL EVIDENCE COLLECTION SOLUTION IN AN AMOUNT NOT TO EXCEED $55,000. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council regarding a police complaint. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding the right way and wrong way to achieve a goal. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding cargo containers and property rights. Ms. Glenda Serdy, 1425 S. Coconino Drive, Apache Junction, addressed the council regarding an officer refusing medical treatment for her son. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, addressed the council regarding spring training baseball teams moving to the valley and requested the city attempt to get one. Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the council embarrassing the city. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 2 OF 10 Mr. Chip Wilson, 128 S. Starr, Apache Junction, addressed the council to read excerpts from a newsletter from the Arizona Driving and Carriage Society regarding their enjoyable experience at one of their events held in the city. Ms. Teresa Falzone, Apache Junction, addressed the council regarding a police complaint. Mr. Tony Vehon, Apache Junction, addressed the council on behalf of the Chamber of Commerce to promote the National Day of the Cowboy event and request city sponsorship of the event. Ms. Dominique Viola, 380 S. Phelps #136, Apache Junction, addressed the council regarding a police complaint. Mr. Richard Blazek, 1566 S Saguaro Drive, Apache Junction, addressed the council regarding improper road repair at the intersection of Broadway and Delaware and had questions on the city tax structure. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a complaint on a newspaper remark and the new recall applications taken out earlier in the day. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council to request an investigation be done on Councilmember Severs' residency status. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding the intimidation of artists in the city. Mr. Emory Caudill, 39216 W. Kelley Circle, Queen Creek, addressed the council regarding artists' rights. Ms. Christa Rizzi, 1755 S. Sombrero Road, Apache Junction, addressed the council regarding a coupon for analog and digital televisions and the positive comments she heard as a bus driver from Lost Dutchman Marathon competitors. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council regarding Councilmember Severs' residency. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 3 OF 10 Mr. Mike Lewis, 4681 N. San Marcos Drive, Apache Junction, addressed the council regarding artists' rights. SuAnne Pinoniemi, 850 W. 15th Avenue, Apache Junction, addressed the council in support of renewing the contract of Jay Swart. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council regarding the right to free speech for everyone and the verbal attack on Councilmember Barker by an earlier speaker for things her husband said in the paper. Councilmember Wilson advised Mr. Flynn that cargo containers were only legal on 3 sites previously and that they had done a compromise so large lots and businesses could have them. Ms. Nancy Rank, 2277 N. Valley Drive, Apache Junction, addressed the council regarding the Councilmember Severs' residency issue, agreed that Councilmember Barker is not responsible for what her husband says, and requested an outside agency investigate the Severs' residency issue. Councilmember Serdy commented a spring training facility would have to involve the entire county and would probably need a bond, plus a lot of movers and shakers.It is way bigger than he thinks, although it would bring a lot of jobs to the community.One would have to start it and others would have to jump behind it. Vice Mayor Eck requested the city manager check into the police incident and report back to the council as he would personally like to know what happened; 99% of the compliance violations in the community have been resolved without any legal matters between staff and the citizen; Mr. Benoist was concerned about the lady with the awning problem getting some grant funds and she has gotten grant funds to correct the problem; requested the city manager contact the Chamber of Commerce for the cowboy event and see what the city can do; that the cities all have different tax structures and the City of Mesa is struggling even though they are making $50,000,000 in utilities; commented to Mrs. Flynn that political committees are a learning experience once you go over the $500 limit; commented they should get an outside source to investigate the residency of Councilmember Severs and put it to rest; that regarding the artists, more REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 4 OF 10 people are getting concerned and he had seen that Fountain Hills was having a large artists' event so he called the director who said that every artist/vendor had paid fees; he requested that artists' rights be put on an agenda to get the issue resolved; and he commended Ms. Rizzi for bringing forward the television coupon for the digital television. Councilmember Barker requested staff talk to Mr. Blazek about the Delaware/Broadway intersection issue and give him the information on what can or cannot be done, and thanked the two people who said what she wanted to say on the newspaper issue. She admitted she owns one -quarter of the newspaper but she does not have editorial privilege nor does she preview the paper before it comes out.She has not read it yet this week so some of their comments were a surprise to her.She does not go anywhere near the paper nor has she since she began to run for office.She does not think she should have any active role of any kind in the paper as long as she is sitting on the city council.She has not done that nor does she plan to.She has no control over what her husband says nor does he have any control over what she says.Neither of them want that control. They are 2 individual people who disagree on many things and agree on many things.She commented that was an editorial; he is entitled to express his opinion just like they can right here.His name is Ed, not Bob, and if they are angry with him or upset with what he wrote, they have every right to go and talk to him about it. Mayor Insalaco stated he did not want to get an outside agency without Councilmember Severs being able to speak on his own behalf and directed staff to put the item on the agenda for the next work session that Councilmember Severs would be attending. It does not seem right to do something without his being present. Vice Mayor Eck commented he is not trying to attack him.He would just like to clear him or otherwise.He assured him last night that he is a resident.The question has come up and they need to find out. City Attorney Joel Stern asked how soon he wanted it on a work session. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 5 OF 10 Mayor Insalaco stated he wanted it on the next work session.He then called for a ten minute break. Mayor Insalaco reconvened the meeting. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented 5% of the first phase of the focal point has been completed with donations from Superstition Stone and the Treasure Chest for the stone needed.Ace Hardware has donated the conduit for it.They still need 27 yards of cement. CITY MANAGER'S REPORT City Manager George Hoffman commented on the mayor, vice mayor and Councilmembers Barker and Wilson attending the ribbon cutting for the Silly Mountain Trails on Saturday; the donations and volunteers for Silly Mountain Park; and the upcoming council work plan items. PUBLIC HEARINGS RESOLUTION NO. 08-02, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FISCAL YEAR 2008 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECTS FUNDS )Program Coordinator Heather Patel briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He commented he got together with the vice mayor at lunch and learned the woman with the awning was given a $1,000 grant to solve the problem.That amount may have been enough 5 years ago, but not enough for some jobs now.He strongly suggested someone bring the prices up to date so that future problems will have grants large enough to do the job. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 6 OF 10 Mayor Insalaco commented this has nothing to do with what he is talking about. Mr. Noel Benoist asked if this is about the block grants. Mayor Insalaco commented it is not what he is talking about. Mr. Noel Benoist asked if this is just to submit the application. Mayor Insalaco stated it is not the same thing that he is talking about.It is different. City Manager George Hoffman stated what he is talking about is the next agenda item. this is about the block grants. is not what he is talking about. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the item to council discussion.There being no discussion, he called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 08-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FY 2008 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECT FUNDS, AND CERTIFYING THAT THE APPLICATION(S):(1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION(S), BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 7 OF 10 None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PROPOSED POLICIES GOVERNING THE REHABILITATION PERMIT FEE FUND ) )Grants Specialist Roger Hacker briefed the council on the item. Vice Mayor Eck commented there is only $3,200 in the current fund. Grants Specialist Roger Hacker stated they had collected $3,200 but they had a $1,000 project in January so they are at about $2,200. Vice Mayor Eck asked how it is funded. Grants Specialist Roger Hacker stated anytime a contractor does a housing rehabilitation project for the city that is funded either by Department of Housing funds or the State Housing Trust Fund, they pay a permit fee.Those fees go into the kitty and are tracked by the finance department and Ms. Patel.That is how we capitalize that fund.It is not a lot of money, but it is money they would not have without this program and it allows them to help people that would not fall under the housing rehabilitation program. Mayor Insalaco closed the discussion with no more comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROPOSED POLICIES GOVERNING THE REHABILITATION PERMIT FEE FUND: THAT THEY IMPLEMENT THE GUIDELINES AS PROPOSED BY STAFF AND IF THERE IS ANY POSSIBILITY TO RAISE THAT MAXIMUM AS FUNDING PERMITS, THAT THAT BE DONE. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 8 OF 10 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 17, 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, MARCH 18, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Barker SECONDED ) )Mayor Insalaco adjourned the meeting at 8:43 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of February 19, 2008. 3. Authorization of Expenditures to Motorola, Inc. 4. Authorization of Expenditures to Kustom Signals, Inc. ACCEPTED THIS 18TH DAY OF MARCH, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF MARCH, 2008. REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 9 OF 10 ATTEST: r KATHLEEN CONNELLY City Clerk ewst, N 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 4th day of March, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of March, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 2008 PAGE 10 OF 10