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HomeMy WebLinkAbout2007-10-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 16, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 16, 2007, 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 Severs Councilmember Wilson Staff Present: Others Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Mgr. Matt Busby Sergeant Jeff Robinson Grants Specialist Roger Hacker Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE SPONSORSHIP AUDIT AND VALUATION SERVICES AGREEMENT BETWEEN IEG, LLC AND THE CITY OF APACHE JUNCTION FOR CONSULTING SERVICES TO CREATE A COMPREHENSIVE AND LONG-TERM SPONSORSHIP PROGRAM IN THE AMOUNT OF $105,000.00 TO BE TAKEN OUT OF THE CONTINGENCY FUND; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN TO THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY SENIOR SERVICES AND THE CITY OF APACHE JUNCTION TO ADD SENIOR PROGRAMS TO ASSIST HOMEBOUND SENIORS IN THE AMOUNT OF $12,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND ALSO THAT WE MOVE ITEM NO. 6 ON THE CONSENT AGENDA TO OLD BUSINESS ITEM NO. 10. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding his concerns on the plan preservation ordinance, development fees, and cargo containers. He also spoke in support of Chief Walp. Ms. Linda Hilton, 4977 E. Southern Avenue, Apache Junction, addressed the council to introduce herself as a representative REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 2 OF 12 of the Gold Canyon Artists Group and invited the audience to studio tours. Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council in protest of the plant preservation ordinance, requested the council to focus on economic sustainability, and spoke in support of cargo containers and Chief Walp. Mr. Steven Kennard, 1381 N. Roadrunner, Apache Junction, declined to speak. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council in support of artists' rights and asked for the city policies on artwork. Mr. David Jacokes, 1265 N. Tomahawk Road, Apache Junction, commander of the Apache Junction Auxiliary Police, addressed the council in support of Chief Walp. Mr. James Stephens, 3700 S. Ironwood, Apache Junction, addressed the council in support of Chief Walp. Mr. John Kantowski, 835 W. Windsong, addressed the council in support of Chief Walp. Mr. Dan Wald, 560 N. Rennick, Apache Junction, addressed the council regarding the demolition of the Grand Hotel and that Mickey D's has relocated to the Roadhaven Resort clubhouse. Ms. Barbara Quick, 1484 W. Apache Trail, Apache Junction, addressed the council in support of Chief Walp. Ms. Pam Mosher, no address given, addressed the council in support of cargo containers. OLD BUSINESS RECONSIDERATION OF VOTE ON VICE MAYOR ECK'S MOTION TO APPROVE ORDINANCE NO. 1302, CARGO CONTAINERS, AND CONSIDERATION OF A MOTION SETTING FUTURE PUBLIC HEARING DATE ON SAME ORDINANCE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 3 OF 12 )City Attorney Joel Stern briefed the council on the item.He stated this is on the agenda because Councilmember Barker requested a motion for reconsideration.Only a member on the prevailing side of the original motion may request a reconsideration.She was on the prevailing side which was a no vote.The focus on this item is only whether the vice mayor's motion can be considered.They cannot add any amendments to it.If this motion passes, they will then make another motion to set a date for a new hearing on this item.That is the practice under Robert's Rules, state and city law. Councilmember Barker stated there will be two motions, one to reconsider and if that passes another to set the date. City Attorney Joel Stern stated that is correct.There can be discussion on both motions. Councilmember Barker commented she brought this back because following a rather heated and confusing discussion she felt that the council did not exactly get what they wanted out of it.She felt it was important to bring it back and ask the council to reconsider it. She MOVED THAT WE RECONSIDER VICE MAYOR ECK'S FORMER MOTION ON CARGO CONTAINERS. Councilmember Wilson SECONDED THE MOTION. VOTE:6-1 (Councilmember Dietz voted in opposition.) The motion carried. Councilmember Barker MOVED THAT THIS BE BROUGHT BACK TO THE COUNCIL AT THE NEXT REGULAR SESSION ON THE DATE OF NOVEMBER 6, 2007. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 4 OF 12 City Clerk Kathleen Connelly commented she wanted to clarify that what is being brought back is Vice Mayor Eck's proposed motion. Councilmember Severs asked if that will be on a work session for discussion and further direction. Mayor Insalaco stated it would not. City Attorney Joel Stern stated that is not what the motion said.It said to bring it back on November 6, 2007, for a public hearing because it is an ordinance. VOTE:6-1 (Councilmember Dietz voted in opposition.) The motion carried. Councilmember Wilson commented he received a few telephone calls concerning our previous discussions on the cargo containers.Some people were disappointed in his behavior and other members of the council. The comment was that we should not be discussing these at this time and that they should just be voting on them.The ongoing discussion was distractive and went nowhere.He wanted to state, so that everyone was aware, that because of the open meeting laws that protect their rights they can only discuss issues during the time frame of the meetings.They cannot go behind closed doors and have discussions.They cannot discuss this between themselves because of the possibility of violating the open meeting law.They can only be discussed here.It may seem like we are spending a lot of time arguing one way or another, but it is protecting their rights as citizens that they can only discuss it at these times.When they are bringing this up, they are protecting their rights and representing them. Councilmember Severs commented there are several members in our community that may be in violation right now and are ready to be prosecuted for having these containers.They had agreed to give them an extension so that this could be discussed further.He asked if they could do REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 5 OF 12 that again as they continue their discussions and bring this to an end. City Attorney Joel Stern stated it is not on the agenda.That issue should be brought up on November 6. Councilmember Severs asked what about the people between now and November 6.He asked if they have gone past the 90 days yet. City Clerk Kathleen Connelly stated they have not.They should be fine. City Attorney Joel Stern commented Item No. 6 on the Consent Agenda was to be placed after the cargo container item.He should only need 2 or 3 minutes. CONSENT AGENDA (continued) PROFESSIONAL SERVICES, SOFTWARE LICENSE AND DEPOT EXCHANGE/DEPOT REPAIR MAINTENANCE AGREEMENT WITH KRONOS INC. FOR AN INTEGRATED WORKFORCE MANAGEMENT AND PAYROLL SYSTEM )City Attorney Joel Stern briefed the council on the item.He stated this agreement came from 2 separate agreements and it has been in progress for the last 6 to 7 months.There were last minutes changes with Kronos with their legal council as of 3:00 p.m. this afternoon.He recommends approval of this but there are business items they need to weigh.The full amount of compensation is $322,847.05. The consultant's responsibilities include a go live software installation deadline because the city wanted to have a drop dead deadline.In past software agreements, notably the police department's with the mobile data units, there was none and the vendors stated they could decide when they want to do it.In this case they have a date of no later than December 31, 2008. It should be done a lot quicker than that.If they do not have it done by then, they will be charged $500 per day in punitive damages to a maximum of $10,000.On page 8 under Professional REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 6 OF 12 and Educational Services they lay out what is in one of the exhibits.On page 12, there is a test period to make sure the actual software works and how much time the city has to make sure it all works with all of its computer parts.There is a 30 -day risk assessment period.The consultant is given another 30 -day period to fix any problems..The remedy would be the city gets its money back and that would be the end of the contract. He has seen a lot of software agreements that do that; it has been a trend for the last 10 years.This is a perpetual, personal and nontransferable license.There is a 90 day limited warranty for defects and materials.The limitation of liability on page 31 has fairly restrictive language.They agreed to limit some of the language.If there is a bug in the software and it costs the city $1,000,000 to fix and the order form is only up to $322,000, the city would have to eat the rest.The likelihood of that happening is probably pretty remote.This is a huge corporation with software that is probably proficient; he just wanted to make them aware of the risk.They have signed the agreement and are ready and willing to go. Mayor Insalaco called for any discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT APPROVAL BE GIVEN TO THE PROFESSIONAL SERVICES, SOFTWARE LICENSE AND DEPOT EXCHANGE/DEPOT REPAIR MAINTENANCE AGREEMENT BETWEEN KRONOS INC. AND THE CITY OF APACHE JUNCTION FOR AN INTEGRATED WORKFORCE MANAGEMENT AND PAYROLL SYSTEM (KNOWN AS CHRIS) IN AN AMOUNT NOT TO EXCEED $322,847.05, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Severs SECONDED THE MOTION. VOTE:6-1 (Councilmember Serdy voted in opposition.) The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Severs commented he is amazed at the amount of time and effort some people will go through to make someone look REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 7 OF 12 bad or hurt them.He spends his time working 80 to 100 hours a week and then does research for the citizens in order to do the best representation he can for the community.He then spends some time with his family.Someone has taken the time to dig up dirt on him, make copies of it, pass it out to several people in the community and call the newspapers.It was an effort to harm him and make him look bad.In doing so, he has received a copy of what was being passed out.He discovered that his contractor's license was in temporary suspension because of his bond had expired.He thanked the malicious person.Because of their efforts, he has contacted the Registrar of Contractors Office and started the process to correct his oversight. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell stated this week is the Apache Junction Unified School District fall break and the city manager is with his daughter on vacation. PUBLIC HEARINGS RESOLUTION NO. 07-36, DECLARING CHAPTER 1 OF THE LAND DEVELOPMENT CODE, ARTICLE 25 PRELIMINARY DEVELOPMENT PLAN REVIEW A PUBLIC RECORD, ORDINANCE NO. 1307, AMENDING THE LAND DEVELOPMENT CODE BY ADDING CHAPTER 1, ARTICLE 25 PRELIMINARY DEVELOPMENT PLAN REVIEW AND ADOPTING BY REFERENCE ) )Planning Manager Fred Baker briefed the council on the item.He stated the council adopted design guidelines by resolution and directed staff to strengthen those to implement better design guidelines.The ordinance requires a preliminary development plan for all entitlement submittal requirements, requires developers to provide more detail, allowing the city to review preliminary architecture and landscaping.The ordinance applies to all entitlement cases and, most importantly, all rezoning cases. Council has directed staff to amend the ordinance so that when a rezoning is submitted, the actual preliminary design and landscaping of the project can be seen.They would then know what kind of project they are approving.The ordinance will REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 8 OF 12 apply to conditional use permits, rezonings, planned developments, planned development amendments and preliminary plats.Staff will create an approval process for a preliminary development plan.The plan must be approved before a building permit is applied for.All projects will now have to apply for a preliminary site plan review meeting.They have had great success over time since they created this review process to encourage developers and others seeking entitlements on properties to come through the process.It is reviewed by the water district, sewer district, fire district, engineers and planners and any other public agency that may have input.They now want to require this as part of the submittal.The submittal will then be reviewed by either staff, planning and zoning or the city council.If the zoning is in place, an administrative review by staff of preliminary architecture and landscaping will take place.For all other projects except conditional use permits, the city council will look at the proposed rezoning, planned development or preliminary plat, architecture and landscaping and have the chance to approve it. They are also trying to standardize the submittal requirements so that they are to scale and will address exterior lighting, plus landscaping plans that will address size, location and type of plant.One public comment was received on this regarding modifying the appeal procedure.The current procedure is if any party disagrees with any decision of the development services director, or any person acting in the capacity of zoning administrator, concerning issues relating to the preliminary development plan process, the matter may be appealed to the Board of Adjustment.The comment requests we add that the Board of Adjustment hearing be held within 60 days of filing the appeal.Staff is concurring with that suggestion. Councilmember Severs asked what would happen if they could not meet within 60 days. Planning Manager Fred Baker stated they would have a hearing.They have an advertising period and they have to call for a hearing and try to get a quorum.The key is to get a date.They have regularly scheduled monthly hearing dates.If they have a concern about getting it within that 60 day period, they can call for a special meeting as long as it is legally advertised. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 9 OF 12 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. Councilmember Dietz MOVED THAT RESOLUTION NO. 07-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 25 PRELIMINARY DEVELOPMENT PLAN REVIEW,BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1307 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1307, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 10 OF 12 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, NOVEMBER 5, 2007, 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, NOVEMBER 6, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED )Mayor Insalaco adjourned the meeting at 7:54 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of September 27, 2007. 3. Acceptance of the Minutes of the Regular Meeting of October 2, 2007. 4. Approval of Sponsorship Audit and Valuation Services Agreement with IEG, L.L.C. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 11 OF 12 5. Approval of Second Amendment to Agreement with East Valley Senior Services to add Senior Programs. 6. Approval of Professional Services, Software License and Depot Exchange/Depot Repair Maintenance Agreement with Kronos Inc. for an Integrated Management and Payroll System (CHRIS), in an Amount not to Exceed $315,700. ACCEPTED THIS 6TH DAY OF NOVEMBER, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF NOVEMBER, 2007. N S. INSALACO yor 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 16th day of October, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of October, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2007 PAGE 12 OF 12