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HomeMy WebLinkAbout2015-02-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 3, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 3, 2015, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Executive Assistant to the City Manager Anna McCray. Tax Auditor Anne Wenk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED: AND THAT APPROVAL BE GIVEN TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES, INC. AND THE CITY OF APACHE JUNCTION FOR THE MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE"); AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR ED -15-01, NORTH APACHE TRAIL DEMOLITION PROJECT, BE AWARDED TO BREINHOLT CONTRACTING COMPANY, INC. IN THE AMOUNT OF $29,900.00 PLUS UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $5,000.00 FOR A TOTAL AMOUNT NOT TO EXCEED $34,900.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco introduced newly -elected President Delbert Ray of the Salt River Pima-Maricopa Indian Community along with Vice President Martin Harvier, Gary Bonee, and Mike Shill.President Delbert Ray commented on developing a working relationship with the city.Vice President Martin Harvier commented on reaching out to the cities surrounding them and outlying cities. President Delbert Ray presented the mayor with a gift for the council of a statue of a maiden from the Salt River Community. President Joan Clair gave a presentation on the Apache Junction Food Bank regarding the three major elements:food, volunteers and clients.She presented a community spirit award plaque to Mayor Insalaco on behalf of the food bank. Councilmember Serdy asked her to explain about the closing of St. Mary's Food Bank in the West Valley and how it affected this food bank. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 2 OF 12 President Joan Clair stated there are two primary food banks in the Metropolitan Phoenix area.St. Mary's, which has historically provided food to those food banks in the West Valley, and United Food Bank that provides food to the food banks in the East Valley.For some reason, the Apache Junction Food Bank and five other food banks in the East Valley continued to get food from St. Mary's.St. Mary's had to sharpen their pencil and in the last 18 months decided they could no longer provide food to those East Valley food banks that were still receiving food from them.They are still in existence, but they are giving their food to West Valley food banks.St. Mary's will let us buy food from them and the operations manager is doing that. Councilmember Serdy commented he knew something happened there and it did hurt them a little, but United still helps. President Joan Clair stated they have a strong partnership with United.The board has engaged in conversations with them on how they might supplement the loss in extra things they can give them or make available for sale. Councilmember Rizzi asked if when St. Mary's has boxes at different store locations in this community that this community does not receive that help, either. President Joan Clair stated that is correct.She asked the operations manager to join her and further elaborate. Operations Manager Nancy Burgess stated the boxes at the local grocery store where St. Mary's is collecting goes back to St. Mary's.They use it for the West Valley.They cannot purchase food any longer; they used to be able to purchase food at nineteen cents a pound.They cannot do that anymore as they do not have the food available.When they are out speaking this year they are letting everyone know that wherever they put their money, here or anywhere else in the East Valley, make sure when they are donating that it is staying in the East ValleS, and helping those people in need here in the East Valley.She spoke to an RV group this morning who asked the same questions. Representative Doug Coleman briefed the council on proposed state legislation and the news conference with Apple regarding REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 3 OF 12 their new plant in East Mesa.He commented on the budget, the auto dealers and Tesla battles, his county and city affairs committee and House Bill 2254 which is the municipal tax exemption on residential leases. Vice Mayor Barker commented with House Bill 2254 passing 5-4 on the committee vote, it sounds like there are some people that agree with him.She asked if it looks that tight on a floor vote. Representative Doug Coleman stated he did not know.There was one democrat that voted for it which surprised him, and he thought he voted for it because it is a regressive tax and we should not be taxing on shelter and food.He understands that. He did not think it would make it out of committee so they will see.He thinks the League and individual cities have strong voices and really need to be heard.Phone calls and emails would be best, and contact all of them, not just the ones who represent this area. Councilmember Serdy commented he got contacted by people wanting him to sign one of the petitions in the car dealer wars.He did not know at that time what it was about and it sounded like a good thing to protect local dealerships.He asked him to explain what that is about since they have two dealerships here. Representative Doug Coleman stated the reason the laws are structured the way they are is to protect the local dealerships from Ford and others coming in and competing against them and undercutting them.Tesla has a different model.They can go into a showroom, see the different styles, and order it online, bypassing the dealer. Councilmember Serdy commented if Tesla can do that, then any of them can do that.It would hurt our dealers. Representative Doug Coleman stated that is why the dealers are being protective.They do not mind Tesla coming in, but they want him to come in under the structure that is currently existing.There are two veins of thought and he has not studied it enough.He thinks it has to do with having an even playing field.The structure that has been in place that everyone has been operating under for years is at risk.It is the same thing REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 4 OF 12 as the microbreweries and the wine and spirits.There is a three-tier way we purchase our alcohol. Councilmember Serdy commented Four Peaks went over the limit. Representative Doug Coleman stated that is where they are at. There is another that is fairly close to reaching the limit. Microbreweries were able to have restaurants as part of their business model.When they get to be a certain size, the thought is they are really not a retailer anymore and should get out of the retail business and get into producing and distributing. They are both challenges to structure that has been there a long time. Councilmember Evans asked what rationale the state used for cutting our rental tax. Representative Doug Coleman stated it does not affect the state budget at all.It does nothing for us, but it does have an impact on the communities.The other side is it is a way to cut taxes. Vice Mayor Barker commented it does nothing for the state but the cities will be forced into raising taxes. Representative Doug Coleman stated that is one of the reasons why he ran.It was frustrating for him to see the state level having the tax cuts and pat themselves on the back for being conservative and not have to make the cuts themselves.He believes they do other things over there that are short-sighted and try to tie their hands.He has heard it said they do not have a revenue problem, they have a spending problem.Quite honestly, both are true.They do have a revenue problem or they would be fully funding the school facilities board which they are not funding and are constitutionally mandated to do so. They have not done so since 2008.They would not have had the lawsuit over the inflation funding for schools.They are spending money in some places where they should not be at the expense of places that are mandated.It is priorities and they need to take a step back and look at the priorities as they move forward.It is great to be able to say you cut taxes but it is more important to be fiscally responsible.That should be their primary concern. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 5 OF 12 Councilmember Wilson asked how the sweeping of the Highway User Revenue Funds is coming. Representative Doug Coleman stated he does not believe there is anything in the governor's budget to take any.He thinks they restored half last year.His budget does not propose making cuts to that.Hopefully that is off the table. Councilmember Wilson commented they are basically still taking half of it. Representative Doug Coleman stated that is correct.There is actually a provision that states those funds can go to fund the Department of Public Safety.It just had not been done before. Councilmember Wilson commented the other issue is where they are looking at collecting the tax dollars for us and charging us for it.He saw that some of the charges are considered permanent. One is a one-time fee for setting up the programs. City Clerk Kathleen Connelly stated that is the smallest one. Vice Mayor Barker commented we are paying for the program we fought against having to have, which has not been enforced yet because no one can get it together. Mayor Insalaco commented they cannot figure it out. Representative Doug Coleman stated he wished he could tell them he had all the answers.He added they are recovering, believe it or not.Things are better than they had been.They had hoped they had put Arizona in a position to have a structurally balanced budget by 2016.When the revenue started coming in below projections, they realized it would not happen.That is when they realized they were going to have to make some cuts. Mayor Insalaco thanked him for coming. CITY MANAGER'S REPORT None. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 6 OF 12 ORDINANCE NO. 1413, REPEALING AND ADOPTING BY REFERENCE A NEW CHAPTER 14, CABLE TV SYSTEMS briefed the council on the item. City Attorney Joel Stern Assistant City Manager Bryant Powell stated over the months they have anticipated doing another amendment with Mediacom to level the playing field.He has expected it.He has worked with Paul Pecora on it and tonight Marla, the new MediaCom local manager, is here.They have a meeting set up for the transition.Paul was promoted to vice president over operations in Florida.They will be opening dialogue with Mediacom and his recommendation is to continue to move forward and bring the amendment to the agreement with Mediacom back for discussion. City Attorney Joel Stern commented he used the word continue.He asked if he meant to continue the item or continue on and get through this so they can meet with Mediacom and possibly discuss modifications. Assistant City Manager Bryant Powell stated that is correct. 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. Vice Mayor Barker commented as she read through the letter the city attorney gently reminded her of those things which she had previously heard and she appreciates that.They definitely need to work with Mediacom at this point now. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1413 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 7 OF 12 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1413, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 15-01, DECLARING NEW CHAPTER 14, CABLE TV SYSTEMS, A PUBLIC RECORD )City Attorney Joel Stern briefed the council on the item. 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 RESOLUTION NO. 15-01, 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 AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 14, CABLE TV SYSTEMS;AND DECLARING AN EMERGENCY, BE ADOPTED. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 8 OF 12 VOTE:Unanimous. The motion carried. LICENSE AGREEMENT FOR A NON- EXCLUSIVE CABLE TV SYSTEM WITH QWEST BROADBAND SERVICES, INC. DBA CENTURYLINK, INC. briefed the council on the item. City Attorney Joel Stern Councilmember Wilson commented they will still be working with Mediacom as well. City Attorney Joel Stern stated absolutely.He sent an email to Mr. Gluckman and told him he would let him know what happened here tonight or he could watch it on television.He has a representative here.He will probably be communicating with him in the next few days or possibly next week and we will start talking about the modifications for the Mediacom agreement. 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. Vice Mayor Barker MOVED THAT APPROVAL BE GIVEN FOR THE LICENSE AGREEMENT BETWEEN QWEST BROADBAND SERVICES, INC. DBA CENTURYLINK, INC. AND THE CITY OF APACHE JUNCTION FOR A NON-EXCLUSIVE CABLE TV SYSTEM; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 9 OF 12 None. NEW BUSINESS None. DIRECTION TO STAFF None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced there are two programs showing that are highlighting the area.One is on the travel channel about ghosts out at the ghost town and another is a series starting on looking for the Lost Dutchman Mine. Councilmember Wilson commented two weeks ago they had the Arizona Driving competition with 42 exhibitors on Saturday. Everyone enjoyed the facilities.People came from all over the valley and as far away as Canada.Equines ranged from ponies to Belgian draft horses.They are looking forward to doing it again next year and each year they get bigger.He thanked parks and recreation for their assistance with the event. Vice Mayor Barker commented the chamber business fair was last Saturday and the city promotional bags ran out in two hours.It was well attended with lots of business people. Vice Mayor Barker announced the Lost Dutchman Marathon is February 15.She encouraged everyone to get out, cheer on the runners and help out. Vice Mayor Barker announced this is spay and neuter month. Mayor Insalaco commented the people can be safe as they do not give him a real gun when he starts the races at the marathon. It is just a cap pistol. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker commented the executive session and work session scheduled for February REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 10 OF 12 16, 2015 will be canceled due to the observation of Presidents' Day.She MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, FEBRUARY 17, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT the meeting at 7:53 p.m. Councilmember Evans SECONDED )Mayor Insalaco adjourned Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of January 20, 2015. 3. Consideration of approval of first amendment in the professional services agreement with East Valley Adult Resources, Inc. and the City of Apache Junction for mileage reimbursement incentive program ("Ride Choice"). 4. Consideration of ED -15-01, award of bid to Breinholt Contracting Company, Inc. for a contract amount of $29,900.00 plus unforeseen change orders in the amount of $5,000.00 for a total not to exceed $34,900.00 for the North Apache Trail Apartment Demolition project. ACCEPTED THIS 17TH DAY OF FEBRUARY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF FEBRUARY, 2015. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 11 OF 12 ATTEST: KATHLEEN CONNELLY City Clerk 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 3rd day of February, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of February, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 12 OF 12