City Council Meeting

Meeting location: City of Apache Junction, Arizona City Council Chambers at City Hall Meeting Minutes 300 E Superstition Blvd Apache Junction, AZ City Council Meeting 85119 www.ajcity.net Ph: (480) 982-8002 Tuesday, August 4, 2015 7:00 PM City Council Chambers This document may not reflect the most current legislation adopted by the City of Apache Junction and is for convenience and informational use only. For further information on the official version of council meeting minutes please contact the Apache Junction City Clerk’s office at (480) 982-8002. A. CALL TO ORDER The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 4, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. Mayor Insalaco called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Waldron gave the Invocation. Councilmember Rizzi led the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Insalaco Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Absent: 1- Vice Mayor Barker (Councilmember Wilson attended telphonically.) Staff Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Development Services Director Larry Kirch City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes August 4, 2015 Others Present: Recreation Superintendent Liz Langenbach Senior Planner Rudy Esquivias D. CONSENT AGENDA Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Councilmember Evans MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 15-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR BODY WORN CAMERAS FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $27,910.35, BE APPROVED; AND THAT RESOLUTION NO. 15-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR THE OPERATION OF THE SENIOR TRANSPORTATION PROGRAM FOR EAST VALLEY ADULT RESOURCES IN AN AMOUNT NOT TO EXCEED $38,240.00, BE APPROVED; AND THAT RESOLUTION NO. 15-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR THE OPERATION OF THE AMBULATORY PROGRAM FOR SUPERSTITION FIRE AND MEDICAL DISTRICT IN AN AMOUNT NOT TO EXCEED $259,000.35, BE APPROVED; AND THAT RESOLUTION NO. 15-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR THE “STAGECOACH TRAILS SUBDIVISION”, IN CASE SD-2-12, BY STAGECOACH TRAILS LLC, REPRESENTED BY DAN KAUFFMAN, BE APPROVED. Councilmember Waldron commented there is one correction. The amount should have been $200,539.35 for Superstition Fire and Medical. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 1. 15-291 Consideration of acceptance of agenda. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes August 4, 2015 2. 15-292 Consideration of approval of minutes of regular meeting of July 21, 2015. 3. 15-282 Consideration of approval of Resolution No. 15-26, approving the submittal of a grant application for Proposition 202 funds to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2015-2016. The resolution authorizes staff to submit an application, on behalf of the Apache Junction Police Department, for body worn cameras in an amount not to exceed $27,910.35. 4. 15-294 Consideration of approval of Resolution No. 15-27, approving the submittal of a grant application for Proposition 202 funds to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2015-2016. This resolution authorizes staff to submit an application, on behalf of East Valley Adult Resources, for the operation of the Senior Transportation Program in an amount not to exceed $38,240.00. 5. 15-295 Consideration of approval of Resolution No. 15-28, approving the submittal of a grant application for Proposition 202 funds to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2015-2016. The resolution authorizes staff to submit an application, on behalf of Superstition Fire and Medical District, for the operation of the Ambulatory Program in an amount not to exceed $200,539.35. 6. 15-296 Consideration of proposed Resolution No. 15-30, case SD-2-12, a request for approval of the final subdivision plat for Stagecoach Trails Subdivision, a 15-acre, 105-lot, single-family homes subdivision at the southeast corner of W. Roundup Street and N. Main Drive, by Stagecoach Trails LLC. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. F. ANNOUNCEMENT OF CURRENT EVENTS None. G. CITY MANAGER'S REPORT 7. 15-235 City manager's report. None. H. PUBLIC HEARINGS 8. 15-293 Consideration of application for an interim permit, person transfer, limited liability company, series 9 liquor license for AJ Tobacco and Liquor located at 1601 W. Apache Trail, Suite 1. The next step in the process is for the city council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes August 4, 2015 Licenses and Control. Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Eddie Rafeh, AJ Tobacco and Liquor in Apache Junction, addressed the council. Mayor Insalaco asked if he is just changing it over or something else. Mr. Eddie Rafeh stated correct. Mayor Insalaco asked if he is the new person or the old person. Mr. Eddie Rafeh stated he is the manager. 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 Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR, SUBMITTED BY EDDIE IMAD RAFEH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. I. OLD BUSINESS None. J. NEW BUSINESS None. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes August 4, 2015 K. COUNCIL DIRECTION TO STAFF 9. 15-280 Council direction to staff on the development of a youth council. Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Mayor Insalaco commented this is something past and current city councils, along with himself, have been trying to get done for a long time, getting the youth involved in city organizations and the workings of the city. Every time they go to the League of Cities and Towns Convention they see all these cities with their youth there. It is about time Apache Junction gets with it and gets this going. Recreation Superintendent Liz Langenbach briefed the council on the item. The consensus of the council was that it looked good and they liked it. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DEVELOPMENT OF A YOUTH COUNCIL: THAT IT BE AS OUTLINED IN THE MEMO OF JULY 21ST; THAT THOSE STEPS BE TAKEN TO CREATE THE COUNCIL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 10. 15-279 Council direction to staff regarding the continuation of the .2% sales tax which is set to expire on September 1, 2016. The .2% sales tax was adopted by city council with Ordinance No. 1359 in 2010. Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 City Manager Bryant Powell briefed the council on the item. Councilmember Evans asked how long he anticipated this going for. City Manager Bryant Powell stated that is a City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes August 4, 2015 public policy discussion for them to talk about. He thinks ten years is a mark he anticipates trying to have it work. They are at $12 million unfunded liability. Each .2% annually would be about $1 million. It would not get us there, but at least we would be contributing towards that amount, plus the continuation of the regular Public Safety Personnel Retirement System costs. Mayor Insalaco commented we would be short if the .2% was not renewed. That money would have to come out of something else, like the police department or the library. City Manager Bryant Powell stated that is correct. They would start with the new cost of $500,000 plus $1 million that would be gone from the revenue side of the equation. They would have to look at the other departments or however they would direct staff to look at it. They would give the council thoughts and ideas. Mayor Insalaco commented the public has to know this is not an increase, it is just continuing what we have. City Manager Bryant Powell stated that is correct. It is not an increase, it is just a continuation. Councilmember Wilson asked if they could have it set so that every year they receive an update as to how we are proceeding, and have a definite point where once it is accomplished that it will sunset. City Manager Bryant Powell stated they can absolutely do that. For public purposes, Councilmember Wilson is in Colorado. He thinks he was talking about an annual audit. Mayor Insalaco commented it was an update. City Manager Bryant Powell stated update and they are currently doing one on the streets and roads effort. Councilmember Rizzi asked if there is a way to designate the money for public safety. City Attorney Joel Stern stated there is. City Manager Bryant Powell stated how they wanted the money designated would be part of the motion, and for how much time or however they wanted to do that. City Clerk Kathleen Connelly stated if they look at their sample motion, there is a multiple choice thing. Number one would be that the funds collected through this .2% tax be used specifically for mandatory payments to the Public City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes August 4, 2015 Safety Personnel Retirement System and purposes related directly to city law enforcement. Councilmember Waldron commented it is important to understand that this is money they have to pay for a shortage in this retirement system on investments that we do not have any control over. This is money invested by this retirement system with the state that, quite frankly, has been poorly invested. The cities have to make up this difference. It has gone from $700,000 to $1.7 million that the city has to come up with irregardless, we have no choice. The unfortunate thing about it is it is control the city never had to begin with. It is an unfortunate situation that we are in with this whole mess. Councilmember Serdy commented he made some statements last night about it would be nice if sunsetting someday meant sunsetting. We always wait until the last year to talk about it. Hopefully, nine years from now, when we are all gone and there is a different council up here, they start addressing it before the ten years are up instead of continuing to pass it on and on. He would like the city to start looking at other revenue streams so they can let these things sunset someday. They will be talking about that in upcoming work sessions. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Evans MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CONTINUATION OF THE .2% SALES TAX WHICH IS SET TO EXPIRE ON SEPTEMBER 1, 2016: THAT THE STAFF PREPARE A DRAFT ORDINANCE THAT WOULD ALLOW FOR THE CONTINUATION OF THE .2% SALES TAX AS ORIGINALLY ADOPTED IN 2000 AND FIRST CONTINUED IN 2010 WITH THE FOLLOWING CONDITIONS: (1) THAT THE FUNDS COLLECTED THROUGH THIS .2% TAX BE USED SPECIFICALLY FOR MANDATORY PAYMENTS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND PURPOSES RELATED DIRECTLY TO CITY LAW ENFORCEMENT. (2) THAT THIS .2% TAX BEGIN ON SEPTEMBER 2, 2016 AND WOULD TERMINATE ON SEPTEMBER 1, 2026. (3) THAT THE DRAFT ORDINANCE BE PLACED ON THE AUGUST 31, 2015 CITY COUNCIL WORK SESSION AGENDA FOR FURTHER DISCUSSION. (4) THAT A DIRECTION TO STAFF ITEM BE PLACED ON THE SEPTEMBER 1, 2015 COUNCIL AGENDA THAT WOULD ALLOW FOR FURTHER DISCUSSION AND DIRECTION ON THIS DRAFT ORDINANCE. (5) THAT A YEARLY UPDATE BE GIVEN TO THE CITY COUNCIL PER THE FUNDING AMOUNT COLLECTED FOR THAT YEAR. Councilmember Wilson SECONDED THE MOTION. During the vote, Councilmember Serdy asked for clarification on numbers three and four. They are still going to be discussing City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes August 4, 2015 this and we still have a full year ahead. City Clerk Kathleen Connelly stated they would not be asked to vote on this at the next set of meetings. They will have another opportunity to discuss it and look at the content of the ordinance to make sure it is what you want it to say. VOTE: Unanimous. The motion carried. 11. 15-278 Council direction to staff on proposed changes to Apache Junction City Code, Vol. I, Chapter 8: Business, Article 8-10 Temporary Food and Beverage Vendors. Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Development Services Director Larry Kirch briefed the council on the item. The council consensus was they were glad to see this coming to completion. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED CHANGES TO CITY CODE CHAPTER 8 TEMPORARY FOOD AND BEVERAGE VENDORS: THAT STAFF PREPARE AN ORDINANCE MAKING THE CHANGES TO CHAPTER 8 BASED UPON THE DRAFT LANGUAGE IN THE PROPOSAL DATED AND PREPARE CORRESPONDING CHANGES TO OTHER AREAS OF CHAPTER 8 TO MAKE THE CODE PROVISIONS COMPATIBLE. Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly stated she needed to make sure, as there was a blank there, that they are looking at the language in their packets for the proposal dated July 21, 2015. Councilmember Waldron commented that is correct. VOTE: Unanimous. The motion carried. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction, Arizona Page 8 City Council Meeting Meeting Minutes August 4, 2015 Yes: 6- Mayor Insalaco, Councilmember Evans, Councilmember Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember Wilson No: 0 Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 31, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, SEPTEMBER 1, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. 12. 15-298 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, August 17th, 2015 are canceled. 13. 15-240 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, August 31, 2015. 14. 15-297 Executive Session at 5:45 P.M. and regular Council Meeting at 7:00 P.M. for Tuesday, August 18th are canceled. 15. 15-246 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. will be held on Tuesday, September 1, 2015. Other meetings if necessary. M. CALL TO PUBLIC Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Apache Junction Bowl-A-Thon. Mr. David Coward, 9414 E. Mogollan Trail, Gold Canyon, addressed the council regarding the Save Our Schools Initiative. Mayor Insalaco commented he is glad people are taking the initiative to try to help save the schools. They have to get the word out to people that someone paid for them to go to school and it is time for them to do the same. N. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:25 City of Apache Junction, Arizona Page 9 City Council Meeting Meeting Minutes August 4, 2015 p.m. City of Apache Junction, Arizona Page 10