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HomeMy WebLinkAbout2015-09-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 1, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 1, 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 Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi (arrived 7:08 p.m.) Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Recreation Superintendent Liz Langenbach Captain Arnold Freeman Sergeant Pat Wagner REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 1 OF 14 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 JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND GCA SERVICES GROUP IN THE AMOUNT OF $22,297.28 PER YEAR. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating September as Grandfamily/Kinship Care Month and presented it to Councilmember Rizzi. Public Safety Director Tom Kelly gave a brief description of the service highlights of Corporal Chad Suniga and presented him with a 25 Year Service Award, a flag flown over the department, a retirement badge, a picture of the flag being flown over the department, a check for his 40 hour service award and a certificate of appreciation and plaque. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker commented the entire council, city manager and the city attorney attended the League of Cities and Towns Annual Conference.They met with other council members, state representatives and young leaders in many communities.There was a variety of sessions dealing with issues cities are confronting throughout the state. Councilmember Rizzi commented she attended the youth council session and listened to how they feel about being on the council, being able to shape their community and guide other students.She cannot wait until they have the youth council in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 2 OF 14 Councilmember Wilson commented all the sessions were very good and informative.They had the opportunity to meet some of the young adults doing programs in other communities.The enthusiasm they showed on what they were involved in and how they were involved was fantastic.He cannot wait to get it started in our community.They now better understand what city government is.Civics class in high school did not give them the comprehension of what was being taught to them. Councilmember Serdy commented he tried to attend all the seminars on the downtown type development.Even if they are not up on what is going on, it is still good to get information and see if there is anything we can do to help make our businesses thrive. Councilmember Evans commented one of the sessions she sat in on concerned zoning issues.There were four cities that spoke on the problems they were dealing with regarding out-of-state landlords, slums, blighted properties and how they were able to work with the owners to get things cleaned up in a nice way of going about it. Councilmember Waldron commented the one that stuck out to him was the one on water resources.Water is in the news lately with the problems California is having.The panel talked about why California is in that position while Arizona is not. Arizona started a drought management plan in 1988 whereas California started theirs in 2014.It takes a while to implement it.They are not in a crisis but they are looking at some pretty dire predictions coming up in the next couple of years with the level of Lake Mead. Mayor Insalaco commented he attended a lot of the sessions but he was there for a different reason.Councilmembers Wilson and Serdy received an 8 year service award.He and Vice Mayor Barker got 16 year awards.They also have an award given to the few legislators they regard as champions.He is proud to say that our State Representative Doug Coleman was one who got the award.He then presented the award to State Representative Doug Coleman and commented on the kind of man that served this community. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 3 OF 14 State Representative Doug Coleman commented he had the privilege of going to the League Conference as he is a lifetime member. He appreciated the time he spent talking to each one of them and he appreciated the mayor presenting the award to him tonight. Councilmember Serdy commented they had a joint meeting with Queen Creek last week.The food was served by Handlebars and they did a really good job. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the ten year anniversary of the Multi -Gen Center, read a letter from a resident on the intersection improvements at Idaho and Apache Trail and expressed a thank you for the work done by the police department, fire district and the council, read Facebook comments thanking the police department for a job well done, recognized the service awards presented to the council members at the League Conference, recognized the Fiscal Year 2014 Comprehensive Annual Financial Report receiving a Certificate of Achievement for Excellence in Financial Reporting, recognized that the vice mayor will be the chair of the Maricopa Association of Governments Domestic Violence Council, read a letter recognizing Officer Campana for being professional and courteous, an interdepartmental email regarding departments working together and attempted to show the Mad Scientist video from parks and recreation. Assistant City Manager Matt Busby presented Parks Superintendent Liz Langenbach with the Arizona Parks and Recreation Association President's Award and showed the video presented at the awards ceremony. PUBLIC HEARINGS DIRECTION TO STAFF ON PROPOSED DRAFT ORDINANCE NO. 1418 FOR THE CONTINUATION OF THE .2% SALES TAX SET TO EXPIRE ON SEPTEMBER 1, 2016 ) )City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 4 OF 14 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 FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED ORDINANCE NO. 1418 ALLOWING FOR THE CONTINUATION OF THE .2% SALES TAX SET TO EXPIRE ON SEPTEMBER 1, 2016:THAT STAFF PRESENT A FINAL PROPOSED ORDINANCE NO. 1418 BASED ON THE DRAFT DATED AUGUST 24, 2015 AND INCLUDING ANY CHANGES DEEMED NECESSARY BY THE CITY ATTORNEY AND BRING IT BACK FOR A PUBLIC HEARING AND VOTE ON NOVEMBER 17, 2015; I FURTHER MOVE THAT STAFF TAKE ALL ACTIONS NECESSARY TO MEET THE LEGAL REQUIREMENTS SET FORTH IN STATE LAW REGARDING NOTIFICATION OF THIS PENDING ACTION. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, PARTNERSHIP, SERIES 12 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB/RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not present. He then opened the public hearing on the item.There being no one wishing to speak, he reopened the item to council discussion. Vice Mayor Barker asked if the offsite improvements have anything to do with the liquor license. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 5 OF 14 City Clerk Kathleen Connelly stated she was just bringing them to their attention. Vice Mayor Barker commented they are just ancillary. City Clerk Kathleen Connelly stated they are unsolved issues regarding the property. Mayor Insalaco closed the discussion with no more comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, PARTNERSHIP, SERIES 12 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB/RESTAURANT, SUBMITTED BY STEPHEN DALLAS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR A FUNDRAISER ON OCTOBER 17, 2015 ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Sharon Stinard, representing Community Alliance Against Family Abuse, stated she wanted to invite everyone to join them for a western event at Dolce Vita and kick up their heels for a worthy cause. Councilmember Rizzi asked if it is a dress up/costume event. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 6 OF 14 Ms. Sharon Stinard stated there will be a costume award and she has tickets with her. They should be available online shortly.It should be a great event.She has been asked to promise root beer floats and other ice cream beverages. Councilmember Rizzi asked if this will be in place of the Disco Fever they had previously enjoyed every year. Ms. Sharon Stinard stated it is. 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 Evans MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON OCTOBER 17, 2015, SUBMITTED BY TONYA GREEN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR AN EVENT ON OCTOBER 14, 2015 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 7 OF 14 Mr. Michael Cowan, 17844 E. Pacana Court, Gold Canyon, addressed the council. Mayor Insalaco asked if this is for the rodeo. Mr. Michael Cowan stated it is for the ranch rodeo.It is more of a local event.It is for one day.It is the second time they have done this.It is a little better than last year and they hope to get bigger and better every year. Vice Mayor Barker commented it sounds like fun. Councilmember Wilson commented it is and it is enjoyable to watch.It is a little different. 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 THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR OCTOBER 24, 2015, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 8 OF 14 None. DIRECTION TO STAFF DIRECTION TO STAFF ON USE TAX )Councilmember Waldron commented he asked for this to be put on the agenda because when the presentation was made to them it was apparent that if they do not have a use tax in place then any tax money that comes in to the state that is distributed to the tax cities we get none of, even though residents may purchase things on Amazon that they cannot purchase locally and they are taxed on it.The tax goes to the state and it is disbursed out.If they do not have this is place they do not get their fair share.In light of the state taking money, it would be nice if they were to get some. It levels the playing field for the local businesses because it puts the same tax rate on the businesses outside the city. Where they would see the sign that says no city taxes in the unincorporated areas, the use tax would have to be collected. He would like to see us as a use tax city so that we get our fair share of taxes. Councilmember Evans agreed. Councilmember Serdy commented just as a reminder, so it does not look like they are rubberstamping this, they can see on the internet that this was discussed at last night's work session, along with the previous tax item.They went into it in depth yesterday. City Clerk Kathleen Connelly briefed the council on the materials in their packet. There was general discussion on what tax rate should be plugged in to the motion.The consensus -was 2.5%. City Clerk Kathleen Connelly stated the city attorney suggested we use some things from the past.In reading them, it surprised her there was a memo from her in 1991 still floating around and secondly it was still fairly accurate 24 years later.In the 1991 memo she explained that there were only a handful of cities that had a use tax. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 9 OF 14 Twenty-four years later we now have 76 cities and towns that have the use tax.Twenty-four years ago, if we had had a use tax in place and received $50,000 a year, in 24 years that is $1.2 million.If they had optimistically received $100,000 over 24 years, that would have been $2.4 million. Mayor Insalaco commented it is money basically lost.It does not really cost them anymore. Instead of them getting it, we would get it. City Clerk Kathleen Connelly stated it places our businesses at a disadvantage. Mayor Insalaco commented it would put our businesses on an even keel. Councilmember Wilson asked if the use tax rate can be changed periodically. City Clerk Kathleen Connelly stated they would have to go back in and change the tax code through a public hearing process.A use tax does not permit a sunset clause.It is like the transaction privilege sales tax. They can always -go back in and change the tax rate, just as they did last December when they adjusted the sales tax rate. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING -IMPLEMENTATION OF A CITY USE TAX THAT STAFF PREPARE A DRAFT ORDINANCE THAT WOULD ALLOW THE IMPLEMENTATION OF A CITY USE TAX WITH THE FOLLOWING CONDITIONS:(1) THAT THE USE TAX RATE BE 2.5%;(2) THAT THE CITY TIERED TAX RATE NOT APPLY TO THE USE TAX;(3) THAT THE _DRAFT ORDINANCE BE PLACED -ON THE SEPTEMBER 14, 2015 CITY COUNCIL WORK SESSION AGENDA FOR FURTHER DISCUSSION; (4) THAT THIS DRAFT ORDINANCE BE PLACED ON THE SEPTEMBER 15, 2015 COUNCIL AGENDA THAT WOULD ALLOW FOR FURTHER DISCUSSION, PUBLIC HEARING AND DIRECTION ON THE DRAFT ORDINANCE. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 10 OF 14 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATE, TIME, LOCATION AND PURPOSE FOR A JOINT MEETING WITH THE SCHOOL BOARD )City Manager Bryant Powell stated he verified the room used last week is available on September 30, October 7, October 14 and October 21.If they need to go to October 28, the larger multi -purpose room is available.He ran into the school board chair at a lunch who stated any of those dates will work but the fire board meets on October 21.He said to send some dates over and they will look at them. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT A JOINT MEETING BETWEEN THE APACHE JUNCTION CITY COUNCIL AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT GOVERNING BOARD BE HELD ON SEPTEMBER 30, OCTOBER 7 OR OCTOBER 8 AT THE PLEASURE OF THE SCHOOL BOARD AT THE MULTI -GENERATIONAL CENTER FOR THE FOLLOWING PURPOSE:TO DISCUSS ISSUES THAT WE HAVE IN COMMON. THE MOTION. asked if she had a time. p.m. it was October 8 or 28. stated October 28. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 11 OF 14 Councilmember Evans SECONDED City Clerk Kathleen Connelly Vice Mayor Barker stated 6:30 Councilmember Rizzi asked if City Clerk Kathleen Connelly Vice Mayor Barker accepted the amendments. VOTE:Unanimous. The motion carried. 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, SEPTEMBER 14, 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 15, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the National Kids Day on September 19 with events at the Boys and Girls Club and their Bowl-A-Thon on September 26. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding code compliance issues and helping the people in the city help themselves.He commented they are the butt of the state and need to work on their city's reputation. Councilmember Rizzi commented staff and city council members have worked hard on cleaning up the issues in the community, the police department has received an award for the reduction in drug crimes and people need to stand up to people stating we are the butt of jokes.They need to have pointed out to them the good things in our community. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 12 OF 14 )Mayor Insalaco adjourned the meeting at 8:05 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of August 4, 2015. 3. Consideration of approval of the proposed First Amendment to Janitorial Service Agreement with GCA Services Group in the amount of $22,297.28 per year. ACCEPTED THIS 15TH DAY OF SEPTEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF SEPTEMBER, 2015. ATTEST: KATHLEEN CONNELLY City Clerk i f iA / iii.d 10.-4A_Ae •N S. I v ALACO 4 1 Jyor 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 1st day of September, 2015.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 13 OF 14 Dated this 8th day of September, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 14 OF 14