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HomeMy WebLinkAbout2003-07-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 15,2003 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on July 15,2003,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Milkey Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Interim Assistant City Manager/City Clerk Kathleen Connelly City Attorney Joel Stern City Engineer Ron Grittman Interim Dev.Svcs.Director Rudy Esquivias Interim Assistant City Manager/Assistant to the City Manager Bryant Powell REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 1 OF 15 Others Present:Grants Specialist Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:GRANTS SPECIALIST ROGER HACKER FOR EXTRAORDINARY EFFORTS IN TRANSFERRING FUNDS ON TWO DIFFERENT OCCASIONS FROM THE STATE TO THE SENIOR CENTERTO ALLOW THEM TO CONTINUE PROVIDING MEDICAL AND GROCERY SHOPPING TRANSPORTATION,ALLOWING THEM TO CONTINUE THE PROGRAM-FOR ANOTHER TWO YEARS,AND FOR HIS LEAD ROLE IN WRITING THE GRANT TOTALLY FUNDING THE KITCHEN IN THE MULTI -GENERATIONAL CENTER;AND TO PARKS SUPERINTENDENT KEITH GRAVES FOR MERITORIOUS AND DISTINGUISHED SERVICE IN FURTHERING THE AIMS AND IDEALS OF THE VETERANS OF FOREIGN WARS;AND THAT THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND MAXWELL PRODUCTS, INC.FOR CONTRACT NO.PUBLIC WORKS 2003-06,CRACK SEAL MATERIALS,BE EXTENDED FOR FISCAL YEAR 2003-2004,ENDING ON JUNE 30,2004,IN THE AMOUNT OF $0.174 PER POUND,INCLUDING TAX,IN -AN AMOUNT NOT TO EXCEED $15,000.00;AND THAT THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND SPECIALTY CONTRACTORS OF ARIZONA FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY BE EXTENDED FOR FY 2003-04 IN AN AMOUNT NOT TO EXCEED $100,000. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous.- The motion carried. AWARDS:,PRESENTATIONS AND COMMUNICATIONS None_ CALL TO -THE PUBLIC Mr.Dave Burden-,212 W.Superstition.Bouleurd,Suite 103,Apache Junction, addressedAhe'council regarding lowering the speed limit on .Apache Trail to 35 miles, per hour.He is a partner -with Can -Am Engineering .and is on the board REGULAR:MEETING OF THE CITY 'COUNCIL JULY 15,2003 - PAGE 2 OF 15 of directors of the Main Street Association,the board of directors of the Community Development Corporation,and a member of the Small Business Committee and the Chamber of Commerce.He commented.at numerous town hall meetings and information gathering sessions business peopleand general citizens have expressed their wishes to see a real downtown developed in Apache Junction,with suggestions to accomplishAhis being to slow the: traffic down on Apache Trail;make the downtown in Apache Junction a place to go to, not a place to go through;and to make downtown a safe,pedestrian -friendly environment.He commented that all the main arteries in Apache Junction have a speed limit of 35 miles per hour..Lowering the speed limit would be consistent with the wishes of the attendees at the 2002 Town Hall,the Main Street Association,and with'the majority of business owners he has spoken to along Apache Trail.The lower speed limit will make i t safer -for shoppers to slow down and find .the.shops they are looking for and still make a safe.turn in traffic,allowing them to stop and shop in Apache Junction: Mrs.Sandie Smith,Pinal County Supervisor,575 N.Idaho,Apache Junction, addressed the council to read a letter of support from Pinal County to the Arizona Department of Transportation regarding -the application submitted by the city for the Transportation Equity Act .for the 21st Century,which:would allow funding:for enhancements to :interchangesAhat'are the gateway to , northern:Oinal County and:the city.The county would like to continuerits partnership with the city and give assistance to the city when possible.She also received a call from:Steve Owens of Arizona Department of Environmental Quality who advised her that _she would be receiving -a copy of :a: letter:from the:governor recommending to the:federal agencies that Apache Junction/Pinal I County not be in the attainment area for the eight hour ozone area designation recommendation.She then read the letteraddressed :to the Environmental Protection Agency:The letter meansAhatHPinal County will not be bound -by i the:problems they:have .in Maricopa COuntywiththe ozone alerts.Pinal 'County has ozone sensing devices in place and has been monitoring them.Thus'far there have been no Oblations inTinaT'County,and that is one of the strongest reasons whythe. governor recommended against making this an attainment area.She .reminded everyone how this area was draggedlnto the attainment area in emissions yet has .not.gotten onemissions-istation.The: lack of attention:is'notjrom Artiona :Oepartment of Environmental Quality,but by the funding sources..:She would like to gather together the cities and towns. in Pinal County,Central AHiona Association of Governments;and Pinal County and send a -letter of thank you to Director Steve Owens. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 3 OF 15 Mr.Bill Kerr,2670 Arizona Road,president of Anncole Contracting,addressed the council regarding the Superstition Shadows Park bid.He commented on a public records request he did on ETW correspondence regarding the bid,a silent partner for licensing purposes,their getting a qualified person after the bid opening,and the city attorney's decision.He commented ETW has not done this work before nor were they licensed to do this work before.They do have a probationary license for this type of work until 2005 due to the actions against their other license.They also had to put up a large disciplinary bond.He suggested with the problems that have been encountered with this project that they reject all bids and re -bid the project.He would like to see the contract go to him as he believes ETW has abused the system and he has done everything proper.He commented other cities have a public procurement code that allows a protest hearing.The City of Apache Junction does not have one at this time.He has only been corresponding with the city attorney.He feels he has the right to hear from the council somehow that they want this situation to continue.He does not believe ETW is in compliance and they knew prior to the bid that there was general engineering license work on this project.He commented the city attorney is limited in what he can say and he has been very cooperative.However,he would like to meet with the council and give his opinion and get their response. Ms.Sherri Pack,4288 S.Pony Rider Trail,Gold Canyon,addressed the council. She is a member of the chamber and is also on the small business committee. She believes the city is on a path of changes.She is a realtor by trade. She would like Apache Junction to be a destination place,not a pass through place.She would like them to consider lowering the speed limit on Apache Trail as people cannot get in and out of the driveways easily due to the speed of the traffic.She hopes that everyone will work together to help the city grow. Nice Mayor Eck requested the legalities concerning -Superstition Shadows Park in .regards to the bids and contractors be placed on the next executive session.He stated the speed limit on Apache Trail was discussed last night and the new council is not convinced that the lower speed limit is what the business owners want.He then requested the consent agenda be reopened as an item had been missed. ACCEPTANCE OF CONSENT AGENDA Mayor Coleman reopened the item. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 4 OF 15 Vice Mayor Eck MOVED THAT WE RATIFY THE CITY MAMAGER'S APPOINTMENT OF BRYANT POWELL AS OUR ASSISTANT CITY MANAGER. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mayor Coleman reopened this item at the request of the public. Mr.Cliff Axt,10322 E.Breathless Drive,Gold Canyon,addressed the council to compliment the council and Roger Hacker on behalf of the Pinal-Gila Council for Seniors for providing the funds for Wheels on Meals and other things that enabled them not to have any cuts in their services. CITY MANAGER'S REPORT City Manager George Hoffman thanked them for ratifying the appointment of Bryant Powell.He commented he met with Dr.Larry Klein,Dr.Jim Stuckey, Supervisor Sandie Smith,Cliff Axt,and Rayna Palmer today to talk about preliminary results from the business action form.In October 2002 approximately 40 businesses were surveyed over the phone or in person.Three general areas were identified as needing attention:attracting businesses: promoting our area:and helping our businesses grow.On June 19,thirty-five business owners got together —and talked about those three areas.It was suggested we need to focus on image,communication,and customer service.In some ways the results Of this will feel like "tough love".There are some comments about city services. that re .candid and suggest needed improvement. He requested the comments be embraced when they come out.He views them as validating the efforts of the,council that have been communicated to and advanced by him in regards to the creation of the city as a customer service- oriented organization.The responses are candid and pithy,but they are positive in their criticism.They are also offering their help in solving the problems.They asked if the council and planning and zoning commission agendas could be on the website.When he called Pat Brenner,he learned i t was already being done,only he and these groups did not know that. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 5 OF 15 Communication needs to be improved.He encouraged everyone to view the comments in the spirit for which they were intended which is of a mutual partnership committed to making Apache Junction a place that can live up to its potential. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,LIMITED LIABILITY CORPORATION, SERIES 10 LIQUOR LICENSE FOR JR'S FOOD MART )City Clerk Kathleen Connelly briefed the council on the item.She stated comments from the police department,planning staff and the fire district are included in the packet. The applicant has been asked to be present this evening for any questions. Mayor Coleman requested the applicant address the council. Mr.Eugene Mayfield,representing the applicant,addressed the council.He is an ad hoc business manager, business assistant, • business advisor and business helper -outer for Diane Tang, the applicant.She was present but had requested him to speak for her.He gave a brief history of her background.He commented the license is essential to the business,as i t is currently a gasoline station and convenience store with the possibility of expanding into a restaurant.Unlike past owners,she lives in Apache Junction and intends to purchase a home here.She intends to be at the store seven days a week,twelve hours a day. Mayor Coleman 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 Insalaco MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR JR'S FOOD MART,SUBMITTED BY DIANE TANG,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 6 OF 15 Councilmember Dietz SECONDED THE MOTION. VOTE- Unanimous. The motion carried. PROPOSED RESOLUTION NO.03-14, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2003 -COMMUNITY:DEVELOPMENT BLOCK GRANT (CDBG)STATE SPECIAL PROJECT (SSP) APPLICATION TO THE ARIZONA DEPARTMENT OF HOUSING )Grants Specialist Roger Hacker briefed the council :on the item.He stated this is for a mobile command unit for the police department.He requested council to approve the resolution: and it will have to be included in the application packet.He commented Commander Scott is present to answer any questions from the police department perspective. Mayor Coleman opened:the'publie hearing on theiitem:There being no one wishing to speati.he ClosedAhe public hearing.andrreopened the item,to council discussion. Vice MayorIck:commended staff for their excellent job in getting something together within the short time frame they were !given The project.mill be aAremendous asset to the community. Mayor Coleman closed the discussion with no further comments ,and.called,for a motion. CounclImember Dietz MOVED THAT RESOLUTION ACY 03-14L A,RESOLUTION-OF THE MAYOR:AND CITY COUNCIL OF THLCITY OF APACHE:JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FY 2003, STATE COMMUNITY DEVELOPMENT BLOCK GRANT:FUNDS,STATE SPECIAL PROJECTSi (SSP)AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE COMMUNITY'S IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND (2)15 NECESSARY FOR: IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES!OUTLINED IWTHEApPLICATIOA, BE APPROVED REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE .7 OF 15 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous: The: motion carried. OLD BUSINESS None. NEW BUSINESS REAPPOINTMENTS/NEW APPOINTMENTS TO CONSTRUCTION CODE BOARD OF APPEALS HEALTH AND HUMAN SERVICES COMMISSION,' INDUSTRIAL DEVELOPMENT AUTHORITY', MUNICIPAL PROPERTY CORPORATION,PUBLIC SAFETY 'PERSONNEL RETIREMENT BOARD,AND BOARD OF ADJUSTMENT )City Clerk Kathleen Connelly briefed the council on the item.Two weeks ago they interviewed the larger boards and they 'made some appOintmentsAhe following evening,filling all .of thoseseats with the exception of one from the Board of Adjustment Last night they interviewed applicants for the remaining boards 'andrcommissions and she gave them information on the. remaining Board of Adjustment seat.Tonight they have the opportunity to choose from the applicants to fill the remaining positions. Mayor Coleman stated they would start at. the top of the list and work their way down, CouncilmeMber'Dietz MOVED THAT JUDITH 'NEWMAN BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR HA TERM TO EXPIRE JUNE 30,2005.. Vice Mayor Ed(SECONDED THE MOTION. VOTE: 'Unanimous; REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 8 OF 15 The motion carried. Councilmember Waldron MOVED THAT DEAN WISE BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE PROFESSIONAL ARCHITECT OR ENGINEER POSITION FOR A TERM TO EXPIRE JUNE 30, 2006. Councilmember Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly commented he stated he was a contractor. There was general discussion as to what position he could be appointed to and the various motions for this board. MOTION. commented he stated he was a contractor. Councilmember Waldron AMENDED HIS MOTION TO APPOINT DEAN WISE TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON POSITION FOR A TERM TO EXPIRE JUNE 30.2006. Councilmember Dietz SECONDED THE MOTION.. VOTE:Unanimous. The motion carried. Vice Mayor Eck MOVED THAT MEL MULHOLLAND BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE JUNE 30.2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JOHN FORD BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 9 OF 15 CONTRACTOR OTHER THAN GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion about the professional architect/engineer position. Councilmember Dietz MOVED THAT STACEY GYENIZSE BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Milkey MOVED THAT DAVID C.ROMERO BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT VINCENT BARR BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18,2009. Vice Mayor Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 10 OF 15 VOTE:Unanimous. The motion carried. There was general discussion on the remaining positions for the Industrial Development Authority. Councilmember Milkey MOVED THAT PASQUALE D'AMICO BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE MARCH 18,2009. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT RICHARD TAYLOR BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE JUNE 30,2006. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FISCAL YEAR 2003-2004/ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION MAIN STREET FOR FISCAL YEAR 2003-2004 REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 11 OF 15 • Y City Clerk Kathleen Connelly: briefed the council on both items.She advised there would have lobe separate motions.The council spoke with Mr.Smith representing the Chamber of Commerce last night on their proposed contract for visitor center services and the upcoming fiscal year.That contract is in the amount of $40,000: Council also spoke with the president of the Main Street board on the proposed Main Street agreement for the:upcoming fiscal year in the amount of $32.000. They will appear on the consent agenda of August'19 if she is directed to proceed.They have the proposed scope of Work in their packets. Mayor Coleman asked if those had changed much.: City Clerk Kathleen Connelly stated they have not:..Visitor ,Center services are pretty much standard;Main Street would change dependent on if there ,were:any new council projects., Mayor Coleman opened the item to council discussion.There being no .discussion,he called for a motion. Councilmember Milkey MOVED THAT STAFF BE: GIVEN THE FOLLOWING DIRECTION ,REGARDING;THE ECONOMIC DEVELOPMENT. AGREEMENT' WITELAPACHE JUNCTION MAIN STREET FOR FISCAL1YEAR 2003,2004:THAT THE CITY CLERK PROCEED WITELTHE CONTRACT: COuncilMember Insalaco -SECONDED THE, MOTION. VOTE Unanimous:• The motion carried. CouncilMember Milkey MOVED THAT STAFF I:GIVEN THE FOLLOWING DIRECTION REGARDING' ECONOMIC' DEVELOPMENT AGREEMENT WITH APACHE JUNCTION OF COMMERCE FOR FISCAL, YEAR 2003-2004: THAT THE CITY CLERK PROCEED WITH THE CONTRACT.' Councilmember Sippel SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 12 OF 15 VOTE:Unanimous. The motion carried. SELECTIOWOF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz announced that the council meetings of August 4 and 5 had been cancelled.He then MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 18,2003,IN THE CITY CONFERENCE ROOM AND CITY .COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 19, 2003,IN THE CITY CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Insalaco commented he called IngoiRadeke last night and he: stated he is excited about what the city is trying,to -do and offered his: assistance wherever •possible'on the freeway ,exits. Vice Mayor Eck commented:thefireworkswerergood this year. ADJOURNMENT ,) Mayor Coleman adjourned the - meeting at 7:561p.m.,- Consent Agenda Items:are 'as f011owsq , 1.Atceptance:of Agenda:, 2.Acceptanceof Minutes of Regular Meeting OrJuly 1,2003. REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 13 OF 15 3.Recognition of Outstanding Service to the Community by City Employees: Roger Hacker and Keith Graves. 4.Ratification of City Manager's appointment of Bryant Powell as Assistant City Manager. 5.Consideration of approval of extension of Contract No.PW 2003-06 with Maxwell Products,Inc.from July 1,2003,through June 30,2004 for crack seal materials for FY 2003-04 at a price not to exceed $15,000. 6.Consideration of approval of extension of Contract No.PW 2002-24 with Specialty Contractors of Arizona from July 1,2003,through June 30,2004, for material and labor to lower and raise manholes and valves at various locations throughout the City for FY 2003-04 at a price not to exceed $100,000. ACCEPTED THIS 19TH DAY OF AUGUST ,2003,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF AUGUST ,2003. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 14 OF 15 DOUGLAS C LEMAN 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 15th day of July,2003.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of July,2003. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 15,2003 PAGE 15 OF 15