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HomeMy WebLinkAbout2015-06-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 16, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 16, 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 Rizzi 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:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts City Engineer Emile Schmid Development Services Director Larry Kirch REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 1 OF 14 Others Present: Assistant to the City Manager Matt Busby Senior Planner Rudy Esquivias Assistant City Attorney/City Prosecutor Eric Yuva Senior Mechanic Keith Bedwell Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 15-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING EXECUTION AND ADOPTION OF THE SECOND AMENDMENT TO THE CITY OF APACHE JUNCTION EMPLOYEE FLEXIBLE BENEFIT PLAN, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE SEPARATION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CITY MANAGER GEORGE HOFFMAN, EFFECTIVE JUNE 30, 2015; 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 FOR THE APPOINTMENT OF BRYANT POWELL FOR THE POSITION OF CITY MANAGER, EFFECTIVE JULY 1, 2015; THAT APPROVAL BE GIVEN FOR THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BRYANT POWELL, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 15-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ANIMAL CONTROL SERVICES, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 2 OF 14 The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Works Director Giao Pham presented Senior Mechanic Keith Bedwell with his 35 Year Service Award, a certificate of thanks, forty hours of vacation, a check, a challenge point from the police department and a special clock recognizing his efforts. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented he had members of his family in attendance tonight and thanked the city manager, the department heads and staff for their advice and assistance. There will be something done for the city manager's retirement on July 21.He announced the dignitaries in attendance. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he and Councilmember Rizzi attended the East Valley Partnership meeting last Tuesday regarding keeping water flowing.They learned how the state manages water and that less water is used today than in the 1950s. Councilmember Wilson commented he and other council members attended the school board meeting last Tuesday.He understands their position and expressed his support for another override election. Councilmember Serdy commented it is Little League tournament season.Apache Junction's 9- and 10 -year -old team won its first game.If they win 2 of 3 in the round robin format they go on to the state.He hopes to report they are still winning at the next meeting. Mayor Insalaco commented today at Phoenix -Mesa Gateway Airport this morning they have a new „airline coming in named Elite.It will start out with one flight to San Diego three times a week twice a day.It will start in September.There are a few holes where Allegiant and Southwest do not fly so they are trying to fill those empty spaces where people need to get to.The next phase will be Salt Lake City to be possibly followed by Seattle. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 3 OF 14 PUBLIC HEARINGS APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR JULY 25, 2015 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Cindy Pierson, Apache Junction Elks Lodge, addressed the council.She stated this is an annual event for them.This year they are going bigger than they have before.The proceeds will go to the youth charities which will benefit 4-H.They are buying their show animals at the county fair. 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 A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR JULY 25, 2015, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1417, CASE PZ-1-15, CITY-INITATED CORRECTIVE REZONING FOR APACHE JUNCTION MOBILE HOME PARK FROM RECREATIONAL VEHICLE PARK TO MANUFACTURED HOME PARK REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 4 OF 14 )Senior Planner Rudy Esquivias introduced Planning Intern Ryan McCann to give the briefing on the item. Planning Intern Ryan McCann gave the briefing to the council on the item. Vice Mayor Barker asked why there was an opposing vote. Planning Intern Ryan McCann stated it came from a commissioner that thought it would be a good time to update their site plan and bring them back into a working order.This property dates back to 1957 before the area was a city.There is a stipulation that states moving forward they will have to abide by the current code.Little by little as people come in, they will be bringing new, manufactured homes. Vice Mayor Barker commented they will be brought up through attrition. Planning Intern Ryan McCann stated that is correct. Councilmember Evans commented this property just sold and closed.She asked if the new owners are aware of the change in zoning. Planning Intern Ryan McCann stated they are. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for any further discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1417 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 5 OF 14 Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1417, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 15-22, DECLARING 2015 AMENDMENTS TO CITY CODE CHAPTER 4, ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE A PUBLIC RECORD/ORDINANCE NO. 1415, ADOPTING BY REFERENCE 2015 AMENDMENTS TO CITY CODE CHAPTER 4, ARTICLE 4-1 PARKS AND RECREATION FEES )Recreation Superintendent Liz Langenbach briefed the council on the items. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearings and reopened the items to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MVOED THAT RESOLUTION NO. 15-22, 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 "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I, REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 6 OF 14 CHAPTER 4 FEES,ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Assistant City Manager Bryant Powell thanked Jeff Bell and Liz Langenbach for their work on this, as well as the work on this by the parks and recreation commission.Sometimes it takes a long time to make these kinds of changes.He appreciates their input. Mayor Insalaco called for a motion on the ordinance. Councilmember Waldron MOVED THAT ORDINANCE NO. 1415 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1415, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 7 OF 14 The motion carried. ORDINANCE NO. 1416, AMENDING CITY CODE CHAPTER 4, ARTICLE 4-3 ANIMAL CONTROL FEES SCHEDULE/ RESOLUTION NO. 15-10, DECLARING AMENDMENTS TO CITY CODE CHAPTER 6 ANIMALS/ORDINANCE NO. 1414, REPEALING AND ADOPTING A NEW CITY CODE CHAPTER 6 ANIMALS )Captain Arnold Freeman briefed the council on the items. City Attorney Joel Stern stated before the meeting they were given the amendments from last night on two separate handouts. Captain Arnold Freeman briefed the council on the amendments. Councilmember Wilson asked if they would have to include the changes in the motion or has it already been amended. City Attorney Joel Stern stated if they like the change as presented it would have to be included in the motion. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1416 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 8 OF 14 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1416, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED TO INCLUDE THE CHANGES PRESENTED TO THAT ORDINANCE. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on item 14. Councilmember Waldron MOVED THAT RESOLUTION NO. 15-10, 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 "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 6 ANIMALS;AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on item 15. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1414 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 9 OF 14 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1414, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED AND INCLUDE THE CHANGES THAT WERE PRESENTED TO US TONIGHT. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Wilson thanked everyone for putting this together. OLD BUSINESS None. NEW BUSINESS INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF REVENUE FOR THE UNIFORM ADMINISTRATION OF THE TRANSACTION PRIVILEGE (SALES) TAX AS REQUIRED BY A.R.S. TITLE 42, SECTION 6001 )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron asked what would happen if they do not adopt this. City Attorney Joel Stern stated if they do not adopt this they will catch some flak from the state.He already has.There was a similar agreement he REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 10 OF 14 started changing.The assistant attorney general was quite miffed when he received it.This is the one that was passed back in December.She said they would not accept the changes. There was a group that got together and they all agreed on the changes so his changes did not mean anything.She was misinformed.She was advised that city attorneys had been advised of all the changes.Some were, but not very many. There was a group but it did not include all attorneys.It included maybe a handful, and he was not one of them.She kind of apologized and stated they would accept the current agreement for now but if they do not do it, they may not get their taxes. That is the bottom line.Legally he is not sure they can really do that but he does not know if he wants to challenge that.He would not want to be on the side of not having a general fund. He does not think Mr. Powell would appreciate that. Mayor Insalaco commented he does not so as he is gritting his teeth. City Attorney Joel Stern stated he recommends they pass this tonight.He was told just sign it, do not change anything. Vice Mayor Barker commented it is a shame as they do not have any guarantee the city will get its taxes back anyway. City Attorney Joel Stern stated there is no guarantee about anything regarding taxes from the state. Councilmember Waldron commented the state does not like the federal mandates coming down like that yet they turn around and do the same thing to the cities. Vice Mayor Barker commented they certainly enjoy doing it. City Attorney Joel Stern stated there is a hole in the statute that lets them take some of the city's taxes in kind of like a lien situation.It is not just or fair.It should be fixed in the next legislative REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 11 OF 14 session, although is not sure that is going to happen because he does not think the legislature really cares. Vice Mayor Barker commented not unless it is a group action suit. Mayor Insalaco commented they are ruining their own cities. Vice Mayor Barker commented all cities in the state ought to get together and do something about this. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF REVENUE FOR THE UNIFORM ADMINISTRATION OF THE TRANSACTION PRIVELEGE (SALES) TAX AS REQUIRED BY A.R.S. TITLE 42, SECTION 6001; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 6, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 12 OF 14 AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, JULY 7, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC None. ADJOURNMENT Councilmember Evans SECONDED ) )Mayor Insalaco adjourned the meeting at 7:43 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of June 2, 2015. 3. Consideration of Resolution No. 15-24, authorizing execution and adoption of the second amendment to the City of Apache Junction Flexible Benefit Plan. 4. Consideration and approval of a separation agreement between City Manager George Hoffman and the City of Apache Junction. 5. Consideration of appointment of Bryant Powell as city manager and approval of employment agreement between the City of Apache Junction and Bryant Powell. 6. Consideration of approval of Resolution No. 15-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Pinal County for animal control services. ACCEPTED THIS 7TH DAY OF JULY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 13 OF 14 SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY, 2015. ed4LpNS. I SA !4;E:c-.0 LAC ayor ATTEST: 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 June, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of June, 2015. 2 4 Z 6 7 ,4LA,A71 4 _ KATHLEEN CONNELLY a City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 14 OF 14