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HomeMy WebLinkAbout2012 03.20 City Council Regular Agenda PLEASE FILL OUT A"REQt.,..ST TO SPEAK"FORM IF YOU WISH TO ADDRE THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING I?EM hpACHE • ✓G City of Apache Junction Home of the .Superstition Mountains PtZONF APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS ,.� 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA March 20, 2012 700PM A CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to,acceptance of agenda, acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1 Acceptance of Agenda 2 Approval of Minutes of Regular Meeting of March 6,2012. 3 Consideration of approval of Resolution No 12-05,authorizing the City of Apache Junction to enter Into an intergovernmental agreement for The Arizona Child Abduction Response Team(CART). Consideration of approval of Resolution No 12-05, authorizing the City of Apache Junction to enter into an intergovernmental agreement for the Anzona Child Abduction Response Team(CART) The following public agencies have created a CART dedicated to investigating and preventing cases involving abducted children in the cities of Apache Junction, Chandler, Mesa, Scottsdale,and Phoenix;the towns of Gilbert, Mancopa,and Paradise Valley,and the Federal Bureau of Investigation Through CART,law enforcement agencies work together to identify,apprehend, and prosecute perpetrators of child kidnapping,abduction,false imprisonment and similar or related violations Resolution No 12-05 authorizes the city to enter into an intergovernmental agreement with the cities of Chandler,Mesa,Scottsdale, and Phoenix,the towns of Gilbert, Maricopa,and Paradise Valley,and the Federal Bureau of Investigation E• AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However,no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to tl .)eration of the City There shall however be no dis.,ussion at this time except for clarification inquiries 4 MANAGER'S REPORT. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appeanng before the Council 5 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH. An application for a special event liquor license has been submitted by the Boys and Girls Club of the East Valley-Apache Junction Branch for a fundraising event to be held on April 21,2012 at the Dolce Vita Community Center ballroom,3301 S Goldfield The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 6 AWARD OF BID FOR TOWING SERVICES On March 19,2012, Police Department staff briefed the Council on the February 1,2012 towing services RFP submittals and provided its recommendations This is the time set for Council's selection of and award of bid to tow operators for police-ordered tows J NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 7. COUNCIL DIRECTION TO STAFF ON PUBLIC ART FOR THE OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT. Staff seeks direction on the public art alternatives for the Old West Highway pedestals L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 8 EXECUTIVE SESSION AT 5.45 P.M AND WORK SESSION AT 7.00 P.M. FOR MONDAY,APRIL 2,2012. 9 EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY,APRIL 3,2012.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda. If there us a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker;2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone, provide their name and address There is a three(3)minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp,excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING MARCH 6, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 6, 2012, 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 Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson '! (There is one vacancy on the council. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Human Resources Director Liz Riley Others Present : Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 1 OF 44 ,ram ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Safety Director Jerald Monahan gave a brief presentation on a 25-year service award for Administrative Assistant Carlena Lawson. She received a week of vacation, a monetary recognition, a certificate of service and a digital picture frame. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson reminded everyone of the Antique Tractor Show this weekend at the rodeo grounds . Councilmember Wilson reminded everyone of household hazardous waste collection at the public works yard on March 17 . Councilmember Wilson reminded everyone of the mardi gras party with the Bad Cactus Brass Band this weekend at the Apache Junction Performing Arts Center to benefit the parks and recreation department. Vice Mayor Dietz commented the hazardous waste day includes white goods and electronics . Vice Mayor Dietz thanked the centennial committee for the job that they did over Lost Dutchman Days . He believes they had one of the best ones in the state. Councilmember Barker thanked all the people that came out to see the re-enactor who performed at 15 different venues . The two people that were there the entire weekend were Wayne Standage and Sharon Stinard. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 2 OF 44 p Councilmember Serdy thanked the community for all of their donations to help pay for all of it . Mayor Insalaco commented this year' s parade had great weather, everything went perfect and he got to wave at people from 85 feet in the air in a skybox. CITY MANAGER' S REPORT .••. City Manager George Hoffman commented on the progress of House Bill 2826 in the legislative session and a note from the Lost Dutchman Committee thanking the explorers for their assistance in the Lost Dutchman Marathon. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR CIRCLE K #3444 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Kim Kwiatkowski addressed the council . Mayor Insalaco asked if they were changing the license. Mr. Kim Kwiatkowski stated they purchased the site. Vice Mayor Dietz asked if he would be running the store. Mr. Kim Kwiatkowski stated the corporation will be running the store . He will not. 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 REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 3 OF 44 council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR CIRCLE K #3444, SUBMITTED BY KIM KWIATKOWSKI, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 7 LIQUOR LICENSE FOR ELVIRA' S MEXICAN RESTAURANT/APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 12 LIQUOR LICENSE FOR ELVIRA' S MEXICAN RESTAURANT City Clerk Kathleen Connelly briefed the council on the items . Councilmember Smithson asked what the difference is between the 7 and the 12 . City Clerk Kathleen Connelly stated the fees they pay the state are different . The 7 is readily available, the bar and restaurant licenses are done through a lottery system through the Arizona Department of Liquor Licenses and Control . There are a limited number of the 12 that are issued throughout the state. She believes they are restricted by county. It has to do with not just the type of alcohol, but the percentage of food versus bar. Mayor Insalaco requested the applicant address the council . Ms . Carmen Burgess, manager of the restaurant, address the council . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 4 OF 44 Vice Mayor Dietz commented he cannot wait to see what Eddie is going to do with that place. Ms. Carmen Burgess stated they are very excited as well . 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 Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 7 LIQUOR LICENSE FOR ELVIRA' S MEXICAN RESTAURANT, SUBMITTED BY EDDIE VALDEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 12 LIQUOR LICENSE FOR ELVIRA' S MEXICAN RESTAURANT, SUBMITTED BY EDDIE VALDEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RESOLUTION NO. 12-06, RECOMMENDING EXPANSION OF THE APACHE JUNCTION FIRE DISTRICT BOUNDARIES City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 5 OF 44 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. He asked if this is the El Dorado Mobile Home Park. City Clerk Kathleen Connelly stated it is. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RECOMMENDING THE EXPANSION OF THE APACHE JUNCTION FIRE DISTRICT BOUNDARIES TO ALLOW THE APACHE JUNCTION FIRE DISTRICT TO PROVIDE FIRE PROTECTION SERVICES TO EL DORADO MOBILE ESTATES LOCATED AT 202 NORTH MERIDIAN ROAD, MARICOPA COUNTY, APACHE JUNCTION, ARIZONA, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION VOTE: Unanimous . The motion carried. RESOLUTION NO. 12-07, AUTHORIZING THE CITY TO ACCEPT MEMBERSHIP IN THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST ) Assistant City Manager Bryant Powell briefed the council on the item. Mr. Jim Loeb commented there are three questions they had last night. One question was what the coverage limit would be per employee under the plan. It is unlimited. There is no limit on the amount of health care. Another was what the specific stop loss limit would be and the coverage of above. That is also unlimited. The third question was what the aggregate coverage limit would be. That is one million dollars. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 6 OF 44 Councilmember Smithson asked him to explain that further. Mr. Jim Loeb stated normally they set what is called an aggregate limit so that if they have multiple catastrophic losses, they are all added up and then are aggregated and there would then be a cap on that . There would be two safeguards . One is a specific loss limit at $125, 000 . If they have multiple catastrophic claims under the $125, 000 plus the run of the mill claims, it would be added up to a set amount which is an aggregate amount loss limit . The losses would be stopped there with one million dollars coverage . They normally set the aggregate loss limit at 125% of expected claims . The underwriters would take the demographic data of the pool and they would probably look at the rates that the pool was set for the group and then they would provide a quote for a premium charge to set an aggregate limit . They will peg that at that time. We will not know that limit until they have completed the enrollment in the plan. Councilmember Smithson asked how far above that do they have to go before we get the unlimited coverage on the stop loss if that is exceeded. Mr. Jim Loeb stated there is one million dollars of aggregate loss limit. If everything went sour, anything above that one million dollar safeguard would potentially come back as a potential assessment on the pool members for any surplus that is in the pool at that time. Councilmember Smithson asked him to explain the unlimited aspect of the other two and what the impact of that is . Mr. Jim Loeb stated the only worry they would have would be the $125, 000. It is a specific loss per member per year; anything above that the carrier would take. It is unlimited coverage. City Manager George Hoffman stated what is unlimited is for the individually insured person. Their coverage is not limited. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 7 OF 44 Mr. Jim Loeb stated that is the lifetime. City Manager George Hoffman stated they are talking about multiple things . They talked about what the coverage is for individual employees and they talked about the system. Councilmember Smithson commented our exposure is unlimited in the worst case scenario. Mr. Jim Loeb stated in the worst case scenario they have two safeguards but he is correct. Councilmember Smithson commented he does not understand the odds of that but he can only guess . City Manager George Hoffman asked if the pool' s exposure is unlimited. The pool' s exposure is $125, 000 per individual' s claim and $1, 000, 000 aggregate. Mr. Jim Loeb stated the one protection is the $125, 000 and then there is insurance above it that is unlimited. If it is a $5, 000, 000 claim, the cap is $125, 000 during that one year period. But if they have multiple claims that were $100, 000 each or something, plus all the other claims and that added up to some figure. Councilmember Barker asked if he was talking about a single year period. "o . Mr. Jim Loeb stated that is correct. If their bucket of money exceeded 125% of their expected losses in that bucket, then there is another $1, 000, 000 in insurance that would come above that to stop that. Councilmember Smithson commented our exposure is above $1, 000, 000 of the whole system. Mr. Jim Loeb stated the expected losses, the specific stop loss over here, then the REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 8 OF 44 aggregate stop loss over here, and then for another million, and then above that million is their exposure. Councilmember Barker thanked Councilmember Smithson. Mayor Insalaco thanked Councilmember Smithson for asking those questions. It cleared .r all of them up. He then opened the p 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 Smithson MOVED THAT RESOLUTION NO. 12-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ACCEPT MEMBERSHIP IN THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF TRAIL OF FLAGS CONCEPT IN DOWNTOWN ) Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Smithson asked him to show the area where the flags will be again. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 9 OF 44 Assistant City Manager Bryant Powell showed the area on the screen. There was general discussion as to where the flags are. Assistant City Manager Bryant Powell continued with the briefing. He asked if they wanted to go with the service flags and flying the POW/MIA flag with the United States flag. They will be coming back on April 2 for a potential resolution. Mayor Insalaco commented there will not be any city money used on this . Nick Blake, Janine Solley, Dave Waldron and he got together and contacted the service organizations . He and Dave went to VFW Post 9399. The total cost is $8, 000 for the poles, flags and lighting. They wrote a check for $2, 500 that night. He will receive another $2, 500 check Thursday from the American Legion. Dave is working on VFW Post 7968 . They should be getting another $2, 500 from them. Basically everything will be paid by veterans' organizations . There will be no city money. They want to know what days the flags will be flown. Assistant City Manager Bryant Powell asked if the council would like to maintain the current schedule for the existing Trail of Flags. City Clerk Kathleen Connelly commented she is drafting the resolution and some of what they want done at this location will be included in the resolution. p That is why Bryant is asking these questions . She asked if they want all of these flags there. The consensus was they want all the flags there. Councilmember Serdy commented there are already an American flag and an Arizona flag at the focal point . There will be two Arizona flags if there is one on both sides . There is the option of the POW flag. He suggested it be over there constantly since there is already an Arizona flag across the street . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 10 OF 44 Mayor Insalaco commented the POW flag flies below the American flag. That is the whole idea because the flags on the Trail of Flags going down Apache Trail are starting to deteriorate. This way they will be up all the time. They go through two or three flags a year. Councilmember Serdy stated he misunderstood. There will be flags on both sides . He asked .�. what the status is of the state flags that sometimes fly down Apache Trail . Mayor Insalaco commented so many of those are gone. Nick Blake said they go through two or three flags a year. Councilmember Serdy commented it is another one down the road They could bring it back someday. Mayor Insalaco stated that is correct. Right now they are not going up because so many of them are gone due to being ripped up. Vice Mayor Dietz commented in the future with the new landscaping that will eventually be done from Phelps west to Meridian, he does not know if those will fit in. Councilmember Serdy commented they were so sparse before one lost track of them even when all 50 were out. If they could do them someday between Idaho and Phelps it would have more of a visual impact by seeing them all there. However, it might be too cluttered to do 50 there. Mayor Insalaco commented that is a lot of flags . Vice Mayor Dietz commented he would hate to take away from all the landscaping and art they are going to have in there from Idaho to Phelps . Mayor Insalaco stated the problem is the amount of time it took to put the flags up. It REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 11 OF 44 took 4 to 5 men three to four hours to put the flags up and then again to take them down, rolling them up and storing them. It took a lot of city effort that we do not have now. Councilmember Serdy commented that days like today are the days when the flags would get ripped to shreds . Mayor Insalaco commented the ,.•� women' s auxiliary of the American Legion, the VFW, and Dave has been talking to the state vice commander, are going to be supplying the city with replacement flags . They would like to see them flown all year long. Assistant City Manager Bryant Powell stated part of this discussion was to get direction. The first question is if they are okay with the concept of seven flags and that it be these seven. The consensus of the council was they were. Councilmember Barker stated the second one was dates . She asked if they were talking about them being up every day. Mayor Insalaco stated he is only going by what these people said. They are the ones putting the money up. And they are willing to supply the flags . Vice Mayor Dietz commented he thinks they should be there every day. — Mayor Insalaco commented Nick had said the middle of June, July and August, when the winds hit, is when most of the flags get ripped apart. They should take them down those summer months and gust put them up on Flag Day and the Fourth of July. Councilmember Serdy asked if there will be lighting on all of them or just the United States flag. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 12 OF 44 Mayor Insalaco stated there will be lighting on every pole. Every flag will have its own light . They have already been ordered. Assistant City Manager Bryant Powell stated the infrastructure is in. The poles can have lighting and they have prepared for that . If the direction and will of the council is to propose a new schedule for this kk concept to go ten months of the year, they would prepare the resolution to do that. The consensus was to proceed. Assistant City Manager Bryant Powell asked if they wanted to maintain the name of Trail of Flags since it is changing or if they wanted a new name . Councilmember Barker suggested they might want it to be part of the focal point . Assistant City Manager Bryant Powell stated they might want no name at all . The consensus was no name at all . Mayor Insalaco commented the only thing the veterans are requesting is they put up a plaque along with the flags and poles. Assistant City Manager Bryant sew Powell stated the next question was a permanent plaque. They can work on that to make it very similar to what is on the new art here. The next question was if council would like to budget general funds money or try to raise the funds . For an initial set and a replacement it is about $824 . He estimated $400 per set and, depending on the year, it could be 3 to 4 sets per year. They would need to budget $1, 200 to $1, 600 either in the general fund or they could look to our veterans' groups . Mayor Insalaco commented they are already willing to do that . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 13 OF 44 00. Councilmember Barker commented she would like them to set aside some funding for one set of flags just in case. Assistant City Manager Bryant Powell stated they could be responsive if needed. Vice Mayor Dietz commented they would just be a back-up. Assistant City Manager Bryant Powell stated they will do that. Vice Mayor Dietz commented it would be just in case for whatever reason. Mayor Insalaco commented a marine said something to him about driving by there and seeing the flag torn apart. There are a lot of veterans in this community. Councilmember Barker stated this will help cover them in case something comes up. They will not feel bad about seeing that . We will have them covered. Assistant City Manager Bryant Powell stated they will present a draft resolution on April 2 . He commented they are moving forward with the concept of 7 flags . Councilmember Barker MOVED THAT YES TO NUMBER ONE AND NUMBER TWO, THEY FLY THEM DAILY WITH THE EXCEPTION OF THE MONSOON SEASON AND THE FOURTH OF JULY AND MEMORIAL DAY, DO NOT NAME IT ANYTHING, LEAVE IT THE FOCAL POINT, SET ASIDE ENOUGH FOR ONE SET OF FLAGS OUT OF THE GENERAL FUND AND WORK ON THE PERMANENT PLAQUE. Vice Mayor Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly asked to clarify that she said to fly them daily except for monsoon season. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 14 OF 44 Councilmember Barker AMENDED THE MOTION TO THE FOURTH OF JULY; FROM MIDDLE OF JULY TO THE END OF AUGUST. Mayor Insalaco stated that is about when the monsoon season hits. „� Councilmember Barker commented it will kind of be up to Nick when he thinks that is done. Vice Mayor Dietz suggested excluding July, August and September, except for the holidays. City Clerk Kathleen Connelly stated she is looking for something specific because staff may ask what the council meant by that. Councilmember Barker AMENDED HER MOTION TO STATE JULY 1 THROUGH SEPTEMBER 15 EXCEPT FOR JULY 4TH AND LABOR DAY. Assistant City Manager Bryant Powell stated he wanted to make it clear that the Trail of Flags as the city has had will no longer be there. Councilmember Barker asked to clarify something. On question five he has permanent plaques recognizing all the community' s veterans and our appreciation for their generosity and sacrifice. The mayor said that the one .•� thing that was asked for were plaques for the organizations that contributed to this . Mayor Insalaco commented the way they had talked about it, flags and poles would be donated by the veterans' organizations of Apache Junction: American Legion Post and their number, VFW Post and their number and so forth. The amount of letters do not add up to that much. Vice Mayor Dietz suggested they just make a larger plaque in order to recognize all the veterans in the community. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 15 OF 44 Mayor Insalaco commented there are organizations that will not be donating. Vice Mayor Dietz MOVED TO AMEND THE MOTION TO WHERE THEY STILL WANT TO RECOGNIZE THE VETERANS IN OUR COMMUNITY. HE WOULD LIKE TO RECOGNIZE ALL OF THEM FOR THEIR SACRIFICES. BUT THEY SHOULD ALSO HAVE A SPECIAL THANKS TO THE VFW POSTS AND THE AMERICAN LEGION POST FOR THEIR DONATION. Councilmember Barker ACCEPTED THE AMENDMENT. Assistant City Manager Bryant Powell stated they will propose a draft language for them to look at . Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PUBLIC ART FOR OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT ) Business Advocate Janine Solley briefed the council on the item. Councilmember Wilson commented he liked Mr. Coplin' s ideas, especially the lighting of them. Councilmember Barker stated she was concerned about the cost . We are looking at $30, 000 if we are to do three of them. Vice Mayor Dietz commented he would like to see some other options . Councilmember Smithson agreed. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 16 OF 44 Mayor Insalaco commented that is $30, 000. That is a lot of money; a lot of taxpayers' money. Vice Mayor Dietz commented he is not saying they should not do it, but he would like to look at some other options . Councilmember Serdy commented he thought they were $8, 000 Councilmember Barker commented they are $10, 000 apiece Councilmember Serdy commented he thinks everybody liked the concept, but it is a matter of where the money is coming from. They need to explore getting some kind of arts commission. Whatever they do here, he would like to move forward with doing that in the future. He asked how the last group got put together. Business Advocate Janine Solley stated they utilized SACA to actually help them to understand how other communities procure art . It was typically through a call to the artists process . After doing some research, she found that is how many communities do that. Councilmember Serdy commented the selection committee was the chamber, herself and several others . Business Advocate Janine Solley stated there were people from the business community - through the chamber of commerce and they also had the school district. They had a longtime local area artist on the committee. There was also a SACA representative. Councilmember Serdy commented the committee was very useful. If they had something like that in place, they could call on it in the future. SACA is very useful . He has heard in the past they are kind of exclusionary. He would like to have it made known that they are not exclusionary. If they put together a commission like this it would not be exclusionary. All the independent artists would be REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 17 OF 44 able to give input as well . He suggested they look at putting together that commission for the future. City Attorney Joel Stern asked if he meant they would be creating the commission or if they would be directing the city manager to create the commission. Councilmember Serdy commented he just wanted to have it looked into to bring it back for future council discussion. City Attorney Joel Stern asked if he is looking for an independent commission that would then recommend to the council or would they have their own authority. Councilmember Serdy commented that is what they want to discuss . City Attorney Joel Stern stated it is something to think about . Mayor Insalaco commented he sees where he is coming from. Vice Mayor Dietz commented in the meantime he would like to keep with these designs but also look at some others to see if there is anything else out there. Councilmember Smithson commented it is partially because of the cost that he would like to have some other options to look at, or future ones, rather than to commit to those three. Business Advocate Janine Solley asked if they wanted to set a budget per pedestal. When they went out to the calls to the artists they did not have any monies identified. They were seeking some grants . They let the artists tell them what their concepts and sculptures would be. Mayor Insalaco commented they had no idea what money the city had. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 18 OF 44 Business Advocate Janine Solley stated that is correct. Councilmember Barker asked if they have any idea what the going rate is for the type of art they are looking for. They have had one person tell them one price. She asked if there is anything to compare this to at all. Business Advocate Janine Solley stated the flat iron art sculpture cutouts that the city originally looked at in Nick' s conceptual drawing would be about $10, 000 for all three . Assistant City Manager Bryant Powell stated he believes that is how they got the first idea of setting a budget. Business Advocate Janine Solley stated that is correct . Councilmember Barker commented they were originally looking at a $10, 000 budget for the entire thing. Assistant City Manager Bryant Powell stated that was based on the iron art. Business Advocate Janine Solley stated at the time they put the budget together it was before we were going to get grants . It was done last spring. Councilmember Serdy asked if they could tentatively approve this art with no city money. When the money gets raised by alternative methods they could go ahead and purchase one at a time. We ]ust discussed the flags . That money came from group organizations . A lot of art all over the world is not paid for by municipalities . It is done by philanthropists and groups . Maybe the first $10, 000 gets raised in three months, maybe it takes another year to get the next . Maybe something happens and a donor donates in one week. He asked if there is a way to do that and not use any city money. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 19 OF 44 Councilmember Barker asked if he meant not looking at any alternatives at all and just going ahead and taking this one. Vice Mayor Dietz commented he wants to forget anything else and just go with Coplin. Councilmember Serdy commented they already have the group that narrowed it down. They spent a lot of time. He does not think people realize how much time they spent. We were this close to voting on this before but we found out it was not quite legal to do so. Councilmember Barker asked what other pieces of art had been offered. Business Advocate Janine Solley stated five artists submitted. Councilmember Barker commented she did not recall seeing them. Business Advocate Janine Solley stated they did not see them at all. Vice Mayor Dietz commented all they saw was the one. Business Advocate Janine Solley stated it was the one selection that the committee recommended. Of the five the committee interviewed two of the artists to get more information. They ultimately came to the ,,%. consensus that it would be Mr. Coplin' s concept. It was the one that everybody gravitated towards. That was the option they brought to you. They did not have a formally sanctioned process; it was just getting that first input on these concepts . As they have moved forward, they have learned what methods they can put in place so that it is a more predictable process for the next time. Councilmember Serdy commented she is the only one here that saw all the submissions . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 20 OF 44 Business Advocate Janine Solley stated that is correct . Councilmember Serdy asked what the reasoning was behind keeping it such a secret. Business Advocate Janine Solley stated she did not necessarily believe that the intent Aft, was to keep it a secret . That is how the process works in other communities . They typically go through a selection process . Even if there is an art commission in place in other communities, that is not the body that reviews the art pieces . They actually appoint committees for each particular project. If it is a neighborhood piece of art going in at a bus station or something they form a committee of a neighbor and a business nearby. That is who actually reviews the art pieces that come in. That committee makes the recommendation to the art commission. The councils in the larger communities do not even see the public art unless it is a contract that has to be approved if it is over a certain dollar amount . They just used the process that is pretty standard on selecting art . They did not intend to not share anything with the council . If the council would like to see those she would be happy to do that. She would caution them that with some of the contacts she has had, they might not want to necessarily put themselves in the position of publicly judging art that comes before them. Councilmember Serdy commented maybe they should leave the options open. He thinks that sometimes art can be on loan. If there is an extra pedestal and .•. they have an opportunity for someone to donate something for a year but it would still belong to them, then that would be something for a future discussion. He thinks the ones in Mesa work that way. City Manager George Hoffman asked if those are the ones at city hall . Councilmember Barker stated that is correct . Councilmember Serdy commented this would be on a grander scale and for the next year there REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 21 OF 44 would be something in front of Phelps . There will be more pedestals down to the west. Vice Mayor Dietz commented there are three now in the median. They have the one where the quail was on Phelps . Business Advocate Janine Solley stated it is a fabulous idea and they do that at city hall. It is much easier to hang a piece of artwork on the wall. Councilmember Barker commented that is inside and you control the traffic that goes by it and the fact that it stays there and does not walk away. Business Advocate Janine Solley stated the size and scale of those pieces would require them being put into the ground properly so that they would not blow over when the wind storms come. They are lit and the lighting may need to be changed. Vice Mayor Dietz commented they need to be solid. Councilmember Barker commented they are someone else' s property if they are talking about loaners. Another consideration is how labor intensive that would be. She does not know and added look at what happened to the quail . It got damaged badly. Vice Mayor Dietz commented it was damaged a few times. Councilmember Serdy commented it was made out of paper. Mayor Insalaco commented he was speaking for himself, but they live in the West and personally, he likes the iron art, especially if they can get three for the price of one. He thought what Nick had done was great . What Mr. Coplin brought up was beautiful, but it is hard for him to swallow $10, 000 . With all the other things they need REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 22 OF 44 r• Jew and have to get done here, to put $30, 000 in the middle of the highway is tough for him to swallow. Vice Mayor Dietz asked if there was any other iron art presented. Business Advocate Janine Solley stated there was . Councilmember Barker commented Councilmember Serdy is talking about not having it come out of the city pocket which sheds a different light on this . Councilmember Smithson stated it will be there if they get three times the amount . Councilmember Barker commented it seems like they are going about this backward. They ought to be talking about how they are going to fund it first . The way it is funded will determine what else we want to do. If it is city funded it will go one way. If it is privately funded then it can go another way. That is the first thing that needs to be tackled. Business Advocate Janine Solley stated she had that in there somewhere. Councilmember Barker commented she does. It is the fifth major category. Business Advocate Janine ./"k Solley stated they can budget for it. They can have staff research and explore different public art grants and other possible funding sources . They can also ask some other interested groups that might want to participate, such as SACA or the Friends of Apache Junction or the Focal Point Tourism Committee, seek out art. The beautiful burro and miner out front is the direct result of the work of members in the Focal Point and Tourism Committee. That is an option. It is a choice of which group they want to have do that and who takes the lead. If they do opt for this, then funding is a different story. If they are looking for donations of existing art, then they need REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 23 OF 44 to consider who will be on the selection panel for that . If a piece of art comes in, then they need to determine who decides the city will take it . Councilmember Serdy commented it would be nice to have all these groups help. There could also be others out there that might want to help. Mayor Insalaco agreed. Councilmember Serdy asked why they should limit it to one group and added one could coordinate. Councilmember Wilson asked if the SACA group is a group of artists. Business Advocate Janine Solley stated that is correct . Councilmember Wilson asked what their experience is in working on public art. Business Advocate Janine Solley stated she is not real familiar with what they do. She knows they do the Superstition Area Cultural Alliance Art Festival at Central Arizona College. They arrange the Tour of the Artists . They are a membership-based organization that is comprised of local area artists of different mediums . Mayor Insalaco asked what the ..... council desires . Councilmember Barker commented if these groups are interested in doing some kind of fundraising, then it would behoove the council in order to get public involvement and public enthusiasm to go for this option. She asked what avenue would funds would go through; set up a special account or something or do they go through Friends of Apache Junction as they did for the centennial. City Attorney Joel Stern stated it would be advisable to set it up through the Friends of REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 24 OF 44 Apache Junction and have a special account with them for public art only. They take donations for other reasons . They would want to have a separate fund. They can do that. Councilmember Barker commented they set up a separate account with Friends of Apache Junction. Friends would act as the fiduciary for this . .•. City Attorney Joel Stern stated they can do that . Vice Mayor Dietz asked if they could have staff look into art grants in the meantime for other possible funding sources. Councilmember Barker commented if they are going to have a variety of groups doing this they definitely need a lead person or group. She asked how that would be worked out, if it would be a staff person and how much time would that person be expected to allot for that . Sometimes these can become overwhelmingly time consuming that the staff person is no longer a staff person. They become that huge group' s person to drop everything they are doing for the city to do those things. City Attorney Joel Stern stated that is an allocation of resources issue that the manager can address . It depends as they talked about several things . If they want to do a committee and just have volunteers, then they can do that . If they do that there could be an open .•. meeting law qualification that would require additional staff. There would be meeting times, agendas and notices; all that comes into play. If they did not want to do that and they just want the city manager to go find a bunch of people to have on the committee, then they do not have the open meeting law issue. But it takes away some of the independence of a committee. Other cities have these art commissions and Janine has been talking to the other cities about how those are run. Those are larger cities where they have more resources . It depends on what they want to do. They have options. Councilmember Barker asked the city manager to address this . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 25 OF 44 City Manager George Hoffman stated one of the issues that they are wrestling with at the staff level in the grants area is the proper level of staffing for that area of operation. Some of the local projects that are of high interest, such as this one, with grants ranging in the $10, 000 to $30, 000 in the scope of tonight' s discussion, have a lot of community passion. Yet they compete for our staff' s time with grants that have more zeroes and decimal points out to the right . We try to balance those and we are wrestling on how best to do that. There was a councilmember last year who encouraged them to augment staff because they do generate revenue. They brainstormed today and he asked Roger to explore whether they are commission based or hourly external so that they do not have to add a full time staff member but maybe we could augment our grant writing resources . Councilmember Barker asked if they could get a grant writing intern. City Manager George Hoffman stated interns are highly useful and interns can sometimes result in a need for Investment in time. He and Bryant had this conversation today. It is something they are currently working on as they contemplate the budget . They are thinking about those issues . He has not answered her question directly because he does not have a direct answer. Councilmember Barker asked how it could be couched in such a manner that we would not eat up so much staff time that we would not lose a staff person over it if this council were to give direction to staff tonight that a variety of groups be involved in possible fundraising for public art. City Manager George Hoffman stated perhaps it would be direction to staff to reach out to the groups and explain that they would like them to have a high degree of autonomy in doing this and dialogue with them on whether they feel that is achievable. Staff would then report back to the council . A related question he has is that he feels it would be easier to raise money if they say they are raising money to buy this as opposed to they raise money and they will buy water. It is more abstract . They are saying they want to REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 26 OF 44 buy some art as averse to saying they want to buy this piece of art. Councilmember Barker commented she thinks she found that last year that is not necessarily true. City Manager George Hoffman stated there is some success in saying they want to light trees in the downtown and we did it. Councilmember Barker commented she thinks she is reaching for a solution that will accommodate a continued effort to get some artwork for downtown without jeopardizing staff time or the budget. That might be direction to staff. City Manager George Hoffman stated she could ask them to reach out to the entities to have dialogue with them to see about their willingness, interest and capacity to fundraise at a relatively autonomous level for art for the three pedestals in the downtown. Councilmember Barker stated that would be the first thing they do before they even made decisions on any of the rest of it. If they came up not terribly interested to do it on an autonomous basis, then that would squelch the whole idea. City Manager George Hoffman asked if they knew if there was at least one group willing to take this on. p Councilmember Barker added and do it, not demand staff do it . Business Advocated Janine Solley stated she has talked to a lot of people who stated that having a master plan on their art concepts and projects is extremely helpful especially when getting grants . If we had a plan showing people what we intend to do we are more likely to be successful. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 27 OF 44 Councilmember Wilson commented if they have something to show that this is what they are working towards, then it will be more helpful in the attempts to get it, instead of just coming out with a general idea . On the trees, everyone could visualize the lighting of the trees . They were selling an idea that people could visualize. p Business Advocate Janine Solley stated they are actually a little further along on this project as it is already built. They have the pedestals . Councilmember Barker stated the visualization is putting something up there. Mayor Insalaco commented as long as there are no coffee pots or flower pots like they had on the freeway. Councilmember Barker commented if they could move forward with Mr. Coplin' s idea and sell that idea that those sculptures are what would be going in but they need $30, 000 to do it, then that would be the goal. They would have a visual project with a goal to reach. Councilmember Serdy commented they could break it into thirds since there are three pieces . They could go for one and see how it goes . One of them would not clash with anything future because they all relate - the Indian, the cowboy and the miner. We all want that western theme. ^, Vice Mayor Dietz commented it would be nice to get the section from Idaho to Phelps completed so they could move on with planning westward. He would hate to have to wait three years for funding to come along to get the three pieces of art in that section. Councilmember Barker commented she would summarize that what they are saying is go for one from Mr. Coplin that we can see and show pictures of and show that is what they are looking for. They want to raise REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 28 OF 44 $10, 000 to get this piece of art . She asked if that is what he is saying. She asked if that is where they are going. Vice Mayor Dietz commented if they are going with Coplin' s art, then they should go for $30, 000 and get three pieces and get it done. Councilmember Serdy stated it is easier to bite off a little chunk. Mayor Insalaco agreed. Vice Mayor Dietz commented it will be easier to get $10, 000 than it will be to get $30, 000, but you put a goal out and you go for it. Councilmember Serdy commented once people see the first one and decide they like it, it would be easier to get the second one and the third one. Vice Mayor Dietz commented as the money comes in they get the first one up and then we continue. Councilmember Barker commented that is a good point . If they go for one and they put it up and it is there, they can say see that, they want two more. They would like to now have a drive for number two and then later on they would like to have a drive on number three. Aft Councilmember Serdy commented all of them are so completely different there could be some corporate sponsorship on all of them. The miner, they have the copper mines . They could go after that . The different cowboy and western groups could go for the cowboy. The Native American groups could go for the first one. They could even split up each one for different fundraising activities . City Manager George Hoffman stated if they get the direction to go for the three, some of these entities have long funding cycles . For example, the miner; it is not the first project . The first project was the Apache. If they have articulated in their vision the three, REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 29 OF 44 then they could broach the concept of the miner with the mining companies now. They might say they have already made their budget decisions for 2012-13 but if they put their application in they might consider it for 2014 . Because they have established that now, they could have an 18 month lead time. While the vice mayor would like to see it all soon, if they articulate their vision now they can work them in parallel and obviously put the most attention on the first one, the Apache. Vice Mayor Dietz commented they might have a good opportunity to get some grant money from the reservations and their gambling funds . We have taken advantage of that and gotten quite a few. Mayor Insalaco commented they already have $2, 000 . Councilmember Barker commented in reality they only have $8, 000 more to raise for the first one . Councilmember Serdy asked if they have a lot of projects on the books like the rodeo grounds . It is already plotted out; the designs are there. It is just that they have no money. When they get the money they will do the next piece and the next piece. They could leave this open- ended like that . City Attorney Joel Stern stated he wanted to remind them that there is a deadline on the $2, 000 . He believes it is September. Councilmember Barker commented they want to get the Apache funded by mid- to late summer so that the $2, 000 gets used. Business Advocate Janine Solley stated Roger informed her there may be some sensitivity to putting the Apache in with a different tribe donating the funding. Councilmember Barker commented that is true . They need to think about those things . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 30 OF 44 Business Advocate Janine Solley stated it might be used for a second sculpture as for the miner. Mayor Insalaco called for a motion. Councilmember Barker asked if she include in the motion the acceptance of Mr. Coplin' s concept. That is question number one. Mayor Insalaco commented it looks like the council is leaning that way. Councilmember Barker asked if she include in the motion that staff reach out to various groups to be sure they are willing to autonomously take this project on. The consensus was yes . Councilmember Barker asked if she also include going through Friends or should they leave that for the moment . City Manager George Hoffman stated he would subsume that in her direction. It would be implied that staff approach them. Councilmember Barker commented that it is then the implication they would approach Friends to act as the fiduciary of this money. Councilmember Serdy asked how much is for the construction of the Coplin concept and how much does he get . He would like the breakdown. He asked if they could shop around the construction and would it be more for him or less for him. He asked how that was handled by the committee. Mayor Insalaco commented he thought the material he was using was very expensive. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 31 OF 44 Business Advocate Janine Solley stated the material was about $6, 000 per piece. It is a fiberglass material . Councilmember Serdy commented he wanted to make $4, 000 per piece. Mayor Insalaco commented it is just a piece. It has to be cut out and it is not easy stuff .-. to cut. Business Advocate Janine Solley stated he had fiberglass computer image cut out, site preparation, delivery and installation costs, liability insurance for a subtotal of $25, 000 for three pieces with an artist' s fee for all three pieces of $5, 000 . Councilmember Serdy commented he does not go ahead and have it made. The city has it made. Councilmember Barker commented he makes it . The city will not be responsible for anything. Councilmember Serdy commented he will construct it himself. Business Advocate Janine Solley stated the city has offered aid with the base the structure will sit on, which we had always intended even if it were iron art . We have one designed. Councilmember Serdy commented we turn over a check to him and he makes it and then we pick it up and put it out . Business Advocate Janine Solley stated we would enter into an artist' s contract with him. City Manager George Hoffman commented he is confused about the concept of acquisition and who would be acquiring the art . They ran into this issue on purchasing before . If the private sector did the fundraising, REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 32 OF 44 I\ A the question would be can the community foundation then purchase it and give it to us . City Attorney Joel Stern stated as long as it is not city or public money. City Manager George Hoffman asked what if it is grant money. InIlk City Attorney Joel Stern stated if it is a city grant, in the name of the city and not the other group, then that could be a problem. Councilmember Barker commented they just had the thing six months ago that allowed grants from non-profits to go through the city and the city was just the pass through. Friends is a non-profit organization. City Attorney Joel Stern stated it is. Councilmember Barker commented they could utilize that process . City Attorney Joel Stern stated he would have to look at that document again but he believes that is correct . It is a pass through and he remembers doing a pass through. Councilmember Smithson stated it was designed that way. City Attorney Joel Stern stated that particular grant was designed that way. He remembered the pass through language. Councilmember Barker commented they passed language that allowed the city to become a pass through for a non-profit organization for grants . Vice Mayor Dietz commented he was asking about the $2, 000 that we did receive. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 33 OF 44 Assistant City Manager Bryant Powell stated he and the city clerk were just talking about the Friends and a significant part of the Friends is led by Roger Hacker. Councilmember Barker stated there would be a terrific amount of staff time. That was one of the reasons why she wanted to bring out the fact that whoever does this has got to realize that they cannot utilize staff on a constant basis . If that occurs then they lose staff members who should be doing city business . Councilmember Serdy suggested the motion be written to say that they will accept these pieces of art if someone donates them to the city. It would be this particular art as it is an approved concept . SACA also has the same capabilities as Friends . They can take donations as well and it could be channeled through there which would not take staff time. He asked if they could just approve that, they like the concept, and if someone just gives it to us, we will take it . Councilmember Barker asked if they are a non-profit . Councilmember Serdy stated they are . Business Advocate Janine Solley stated they are and Tess is on their board. They are more than willing to help us . Councilmember Barker commented that would settle the staff issue. City Attorney Joel Stern stated if they put it the way that Councilmember Serdy just stated that they can accept donations, that would work. Councilmember Serdy commented they would be approving this western art and if someone comes and gives this concept to the city, the city will take it. If REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 34 OF 44 ,r p they come to us with teapots, we will not take it. It is not what we approved. Councilmember Barker commented they can eliminate everything else but just having these folks do this . They would decide on the procurement, they would decide on everything. The council does not have any hand in the pot. City Attorney Joel Stern stated they are donating it to the city. Councilmember Barker asked what the direction to staff would be. Councilmember Wilson asked if they would need to have specific requirements, such as the pedestal that it sits on. City Attorney Joel Stern stated there are some structural issues . For example, the one in the courtyard here; there were some structural issues that the actual donor wanted to make sure we had in place. As a total donation, that did not take too much city personnel time Mayor Insalaco commented it was done in a few hours in the morning. Councilmember Serdy commented the $2, 000 already there could be used towards the pedestals and the trucks. Nick' s crew will have to pay for this. It would A not be offensive if it is used partly for the miner and partly for the cowboy. Councilmember Barker asked why there has to be direction to staff except for the city to be allowed to accept donations . Councilmember Serdy commented they have to approve that they want this art . City Attorney Joel Stern stated they want the manager to know what their intent on public REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 35 OF 44 art is. That is why he is seeking direction. They did not have a true direction before. Councilmember Barker stated our intent is to solicit donations of western art for the pedestals in North Apache Trail. She asked if that is correct. City Manager George Hoffman oankk asked if it is western art or is it Coplin art . There is a difference. Mayor Insalaco commented it is Coplin' s western art . City Attorney Joel Stern stated he did not think they should call it Coplin art . Councilmember Barker agreed and added that limits the possibilities . Vice Mayor Dietz suggested the art that was presented to them at the December 5, 2011 work session. City Manager George Hoffman stated he was confused as to why they are seeking to avoid saying that they want his stuff. He asked if they want his stuff. Mayor Insalaco commented it looks like the indication is yes . City Manager George Hoffman asked if he was missing something. City Attorney Joel Stern asked if they want his concept or his actual work. Councilmember Barker stated his concept . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 36 OF 44 Councilmember Serdy stated someone could take his concept and steal it and they would then have a lawsuit . He could not make his Apache. Councilmember Smithson commented if they are going to take it, they take his art . They take his art and let him do it if they are going to do it with him. As. Councilmember Barker commented then they are asking an organization to buy that specific art basically. They buy the art and give it to the city. Councilmember Serdy commented the city would then say that it will accept the art. City Manager George Hoffman stated that is correct . Councilmember Serdy stated as long as it is not a teapot . City Attorney Joel Stern stated that is correct . Councilmember Smithson stated that art is not a teapot . It is fairly specific what it was . They saw it . City Attorney Joel Stern stated unless the city wants to buy it and then it will be a procurement. They can do that, too. The consensus was they did not want to do that . Councilmember Barker asked again how they want the motion worded as it has gone around in circles. City Clerk Kathleen Connelly stated she has run out of room. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 37 OF 44 Councilmember Barker commented the council would direct staff to accept donations from any non-profit organization of Mr. Coplin' s art. Councilmember Serdy asked if they could say acceptable western art. Councilmember Barker changed it to acceptable western art . She asked if that would be okay. It leaves the door open if something else comes along. City Manager George Hoffman commented there could be a local iron art producer. Councilmember Barker commented he could come up and SACA could say they love it. They are making the buy. Councilmember Serdy commented they would already have this open-ended acceptance of this nice art . Councilmember Barker asked if it is too wide open. City Manager George Hoffman stated from a staff perspective, and possibly not the council perspective, when one sees what Nick Blake does and the way he tends to approach projects, it is a cohesive vision and concept, not they will just take whatever might happen our way. He pauses to vision and then they construct it and fund it. If they apply that same approach, they would articulate the clear vision for their art. If it is Coplin art or not, then they will seek to go out, partner with the non-profits and ask them if they are willing to take on this challenge. If they are there will be a fundraising effort. If they are successful and they purchase it, the city is telegraphing to them that there is prior council authorization to place that art . Councilmember Barker commented that works . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 38 OF 44 Vice Mayor Dietz asked if he could ask a question of someone in the audience . City Attorney Joel Stern stated he could not as this is not a public hearing. Councilmember Barker commented she thinks that what the city manager just said would work. She commented he had two seconds up there. City Manager George Hoffman asked Janine if that was giving them the sense at the operational level that she needed. Business Advocate Janine Solley stated she believed so. City Manager George Hoffman stated there are other long term questions . Business Advocate Janine Solley stated that is correct and she is assuming that SACA would be agreeable to doing that . That would take the burden off her. They would have the assignment and the task. City Manager George Hoffman stated they would reach out to the foundation and see if they will service the fiduciary and lots of details . Vice Mayor Dietz commented there is no approving. City Manager George Hoffman stated there are lots of operating understandings that it is good to have. He thinks from a staff point of view, we would assume, believe and understand that that would be how this would come to be in existence. We would be doing a portion of that work as Janine described. Business Advocate Janine Solley stated as long as it is all donations and it takes the procurement process out of it, that is less that staff has to do. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 39 OF 44 Councilmember Barker commented she thinks it is very important for whatever non- profit get involved in this to understand that the first one probably has to be done by late summer so that we do utilize the $2, 000 for the pedestal and anything else that has to go up there. They might want to put a plaque up. City Manager George Hoffman stated he thinks Roger is being careful and diplomatic. They would have to check to see if the utilization of that for the base or pedestal would be okay. It would be unwise to make use of the $2, 000 and offend them. He thinks there are many, many zeroes where that small amount of money came from. Business Advocate Janine Solley stated Roger indicated that if we asked for an extension that there is a high likelihood it would be granted. We asked them for $10, 000 and they only gave us $2, 000 . They are still trying to raise the other money. Councilmember Smithson commented he did not say anything about the art itself because of the way it proceeded and he did not feel it was his prerogative. However, he agrees with what the mayor said earlier. He would have personally preferred a more traditional iron art, but he will vote for this motion. Councilmember Barker commented that makes three of them. Vice Mayor Dietz commented that actually makes four of them. .•. Councilmember Barker commented now they are in trouble. Vice Mayor Dietz commented he had brought it up at the very beginning that he would like to see other options, but if it was this council' s purview to go in this other direction it was fine. Councilmember Barker commented she does not see it as council' s wishes . REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 40 OF 44 Councilmember Smithson stated he was sorry to throw a monkey wrench into it . Councilmember Barker stated he was absolutely right. Mayor Insalaco agreed. ... Councilmember Barker commented the mayor spoke up and she spoke up about two times ago and felt like she should not say anything else. City Attorney Joel Stern stated they talked about a lot of things tonight. He suggested they continue this for two weeks so that they can think about it. Councilmember Smithson MOVED THAT THEY CONTINUE THIS FOR TWO WEEKS . Councilmember Barker SECONDED THE MOTION. There was general discussion as to whether there were one or two motions on the floor. It was determined the only motion was to continue it for two weeks . VOTE: Unanimous . The motion carried. City Manager George Hoffman stated in the interim they will put together a packet and get it up in the council office. He asked that they not take it unless they can make multiple copies . They should peruse that and they might have some idea about what the other submissions were and have a clearer sense of what the options are. Councilmember Serdy commented he would like to see the other submissions. They also just lost two weeks of using that $2, 000 so they have to go forward. He asked how they go about asking for the extension. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 41 OF 44 City Manager George Hoffman stated they will work on it. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MARCH 19, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 BE HELD ON TUESDAY, MARCH 20, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction addressed the council regarding the noise in Apache Junction. He would like strict noise ordinances written. He also would like the tables and chairs on the east side of Superstition Skies Restaurant removed. Councilmember Serdy commented something needs to be done about the base thumpers . They thump clear into the middle of his house from the street. They do need to enforce it . Councilmember Barker stated the problem is catching them. About the time you call they are gone. Councilmember Wilson asked if they have any ordinances on sound. City Attorney Joel Stern stated at this time they can address a criticism. If this is a question for him, he will need to get back to them on it . They cannot discuss it at this moment. Vice Mayor Dietz commented he believes Superstition Skies put in for an extension of premises when the smoking section went in. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 42 OF 44 A. A. City Clerk Kathleen Connelly stated they cannot discuss this now. It is not on the agenda. City Attorney Joel Stern commented that is what he was trying to tell them. This is the time where they can address any criticism or if they have direction to the city manager or himself. Vice Mayor Dietz directed the city attorney to see if there was a liquor license approved for extension of q PP premises for Superstition Skies for the east side. City Attorney Joel Stern stated he would do so. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 44 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda 2 . Approval of Minutes of Regular Meeting of February 21, 2012 . ACCEPTED THIS 20TH DAY OF MARCH, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH, 2012. A. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 43 OF 44 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 6th day of March, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 13th day of March, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 44 OF 44 Ilk 4•16. ____ t.gACM ✓y G �- City of:pache Junct• ion Home of the .Superstition Mountain. Print TO: City Manager's Office FROM Jerald L. Monahan, Chief of Police DATE: March 20,2012 Agenda Type Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of approval of Resolution No 12-05, authorizing the City of Apache Junction to enter Into an intergovernmental agreement for The Arizona Child Abduction Response Team (CART) ACTION REQUESTED. Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Consideration of approval of Resolution No 12-05, authorizing the City of Apache Junction to enter into an intergovernmental agreement for the Arizona Child Abduction Response Team (CART) The following public agencies have created a CART dedicated to investigating and preventing cases involving abducted children in the cities of Apache Junction, Chandler, Mesa, Scottsdale, and Phoenix, the towns of Gilbert, Maricopa, and Paradise Valley, and the Federal Bureau of Investigation Through CART, law enforcement agencies work together to identify, apprehend, and prosecute perpetrators of child kidnapping, abduction, false imprisonment and similar or related violations Resolution No 12-05 authorizes the city to enter into an intergovernmental agreement with the cities of Chandler, Mesa, Scottsdale, and Phoenix, the towns of Gilbert, Maricopa, and Paradise Valley, and the Federal Bureau of Investigation :ISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES RECOMMENDATION. Approval of Resolution No. 12-05 ATTACHMENTS. Click to download U Resolution 12-5 and IGA RESOLUTION NO. 12-05 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 FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM. WHEREAS, the following public agencies have created an Arizona Child Abduction Response Team ("CART") dedicated to investigating and preventing cases involving abducted children in the cities of Apache Junction, Chandler, Mesa, Scottsdale, and Phoenix, the towns of Gilbert, Maricopa, and Paradise Valley; and the Federal Bureau of Investigation; and WHEREAS, it is the intention of these municipalities to officially enter into intergovernmental agreements to solidify each entity' s commitment to participate in CART, and WHEREAS, through CART, law enforcement agencies work together to identify, apprehend, and prosecute perpetrators of child kidnapping, abduction, false imprisonment and similar or related violations; and WHEREAS, through CART, it is also possible to seize assets of those engaged in the above-listed crimes; and WHEREAS, pursuant to A.R.S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted a written agreement in the form of an intergovernmental agreement which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council approve the form of the Intergovernmental Agreement for the creation and participation in the Arizona Child Abduction Response Team set forth in Attachment A; and the Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 12-05 PAGE 1 OF 2 2 . Staff shall record such document in the Pinal and Maricopa County Recorders' offices within sixty (60) days after full execution by all Parties . 3 The Chief of Police is authorized to participate in and designate staff to fulfill all the duties of CART PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 SIGNED AND ATTESTED TO THIS DAY OF , 2012 JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO 12-05 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT FOR THE CREATION AND PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM This Agreement is entered into pursuant to A R S §§1 l-951 et seq, and A R S §13-3872 among the City of Apache Junction , the City of Chandler, the Federal Bureau of Investigation, the Town of Gilbert,the Town of Maricopa, the City of Mesa, the Town of Paradise Valley, the City of Phoenix and the City of Scottsdale The aforementioned agencies shall herein after be known collectively as the Arizona Child Abduction Response team agencies (CART)and any other public agencies, as that term is defined in A R S § 11- 951, which after invitation by the CART chiefs, comply with the provisions of A.R.S §§11- 951 et seq and files an authorizing document with the County Recorder in the County in which the agency is located in that references this Agreement. A public agency shall become a Party to this Agreement as of the date that agency files with the appropriate County Recorder, notwithstanding that A.R.S. §§11-951 et seq, no longer requires such recording. Each CART agency shall provide a copy of its fully executed agreement to every other member agency. In addition to the above, all members to this Agreement may also be collectively known as or referred to as the Parties. I.PURPOSE The purpose of this Agreement is to create an Arizona Child Abduction Response Team ("CART"). The primary goal of the Arizona Child Abduction Response Team is to provide a pool of specialized investigators which are available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted children CART agencies may request and render law enforcement assistance from other CART agencies in dealing with serious violations of law including, but not limited to, the investigation, arrest and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate), the rescue of the abducted child or children and the seizure and forfeiture of assets of those engaged in child abduction or otherwise supporting such activity(utilizing state and federal forfeiture options, as appropriate) Additionally, the location of each Party's jurisdiction in relation to each other makes it advantageous to enter this particular Agreement in order to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing, multi jurisdictional criminal activity such at that described above II. AUTHORITY A The Parties are authorized and empowered to enter into this Agreement pursuant to A R S §§ 11-951 et seq, A.R S §13-3872 and the respective provisions of their City Charters, Tribal Constitution or other governing statute or authority. Page 1 of 6 /Mk Adak If any Native American tribe that is a party to this Agreement request CART assistance, all assisting CART team members shall be granted tribal peace officer authority for the duration of the CART activation within the applicable tribal jurisdiction III.ACTIVATION,PROCEDURES AND RESOURCES A Any Party to the Agreement may request activation of CART It shall be the responsibility of the Party requesting activation to contact assigned team leaders via the law enforcement communications center of each Party B The Party that has jurisdiction over the incident or investigation will remain as the lead agency during the duration of a particular CART activation with support from CART agencies. C Two CART Team Leaders will be selected by the CART Team members subject to final approval of the chief law enforcement officers (chiefs) of the CART agencies on a rotating basis for a term of at least one year, which shall correspond with the effective date of the Agreement. In the event that a Team Leader is unable to complete his or her term due to resignation from his or her agency or for any other reason, the CART members shall name a replacement shall appoint a replacement subject to final approval of the chiefs. D The CART Team Leaders or designees will be responsible for coordinating on-going training, meetings or other necessary supporting functions in support of the operational effectiveness of CART Team Leaders shall be responsible for mediating any jurisdictional disputes between the Parties during a CART activation In the event such mediation fails, the issue shall be brought to the attention of the CART Chiefs for appropriate resolution E Each Party shall to the best of its ability make at least one sworn law enforcement officer available along with supporting equipment such as vehicles in support of any CART activation Each Party shall designate a primary CART member to participate in activations, meetings, trainings, etc. Each Party shall immediately inform other CART agencies when such designations change In the event a primary CART member is not available or as the situation dictates, a CART agency may provide officers not normally designated as CART members in support of a CART activation F Each Party shall have the sole discretion to determine how many or how long any of its personnel or resources shall be assigned in support of a CART activation IV. COSTS AND ANY REIMBURSEMENT The Parties will be responsible for any and all associated costs accrued in implementing this Agreement that are incurred by their respective agencies to include but are not limited to employee salary, shift differential pay, overtime compensation, benefits, vehicles, equipment, etc If any Party receives grant funds designated for the Arizona Child Abduction Response Team, some or all of these expenses may be reimbursed to the Parties In no event shall any Page 2 of 6 Party charge other Parties for any administrative fees for any work performed pursuant to this Agreement. V.NONDISCRIMINATION The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations including, but not limited to Executive Order 75-5, as modified by Executive Order 99-4, which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other federal and state employment and educational opportunity laws, rules and regulations, including the Americans with Disabilities Act, provided however, an Indian Community is subject to 25 U S C § 450e(c). No Party shall engage in any form of illegal discrimination. VI. INDEMNIFICATION To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party, their elected officials, appointees, officers, employees, contractees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. Failure of a Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties VII. GOVERNING LAW The laws of the State of Arizona shall govern this Agreement Venue will be in the Maricopa County Superior Court unless the subject matter of the dispute involves an Indian Community, then venue shall be in the Federal District Court for the State of Arizona. In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees and other costs of litigation VIII. DURATION AND CANCELLATION OF AGREEMENT A. This Agreement shall become effective upon execution by the Parties hereto and filing with the appropriate County Recorder and shall remain in effect until July 1, 2020, unless otherwise terminated by the terms of this Agreement or operation of law Failure by one or more Parties to execute the Agreement shall not invalidate the Agreement as to those Parties who did so Any Party may withdraw from this Agreement with or without cause by giving thirty calendar days written notice to the other Parties to the Agreement. B. This Agreement may be administratively extended by each Party at the direction of the chief law enforcement officer for each Party on or before the Termination date for a period of Page 3 of 6 an additional five years by notifying the other Parties in writing Any Party which fails to do so by the termination date listed above shall no longer be a Party to the Agreement IX. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511 The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts of interest under A.R.S. § 38-511, as amended X. MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every Party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by a Party to its legislative body or equivalent for approval,that particular counterpart shall have to be signed and executed in accordance with that Party's practice The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document XI.WORKER'S COMPENSATION Pursuant to A.R.S. §23-1022( D), for the purposes of worker's compensation coverage, all employees of each Party covered by this Agreement shall be deemed to be an employee of all Parties The parent agency shall be solely liable for payment of worker's compensation benefits. XII. OTHER PROVISIONS A In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof B. This Agreement contains the entire understanding between the Parties with respect to the subjects hereof and supersedes all prior negotiations and agreements This Agreement may be amended only by an instrument in writing and signed by all the participating Parties. The waiver of any breach of this Agreement shall not be deemed to amend this Agreement and shall not constitute waiver of any other subsequent breach Headings are for convenience and shall not affect interpretation C. This Agreement shall be recorded with the appropriate County Recorder as described above upon its execution and a copy shall be forwarded to each Party D Pursuant to A.R.S. §§ 35-391.06 and 35-393 06, each Party certifies that it does not have a scrutinized business operation, as defined in A R S §§ 35-391 and 35-393, in either Sudan or Iran Page 4 of 6 E Nothing within this Agreement shall be construed to limit the ability of participating Arizona Child Abduction Response Team members to provide or as otherwise allowed for by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. XIII. COMPLIANCE WITH E-VERIFY PROGRAM A To the extent provisions of A R S §41-4401 are applicable, all Parties warrant to each Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A R S §23- 214(A) B. A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement C All of the Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above D. Any Party may conduct a random verification of the employment records of any other Party to ensure compliance with this warranty E. A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A R S §23-214(A) F. The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement. XIV. NOTICES Any notice required to be given under this Agreement will be provided to all Parties to this Agreement The CART leaders shall compile a list of each Party's address, phone number and contact person and distribute said list to each member to this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the Party named below has executed this Agreement on , 2012 CITY OF APACHE JUNCTION,an Arizona municipal corporation By JOHN S INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk COUNSEL APPROVAL AS TO FORM In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties City of Apache Junction By RICHARD J STERN City Attorney Date Page 6 of 6 ROLL CALL VOTE NOTES: V J ,y u n i \ [ kJ V\ I ITEM # MEETING OF `r 061`11/ MOTION BY: V SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON i COUNCILMEMBER BARKER v VICE MAYOR DIETZ I I COUNCILMEMBER SERDY V 6 COUNCILMEMBER WILSON i . MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED N TOTAL ... CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 12-05, 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 FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM, BE APPROVED Adak 1.pACHE✓1/4 o Oiy qfApache Junction IU' z Home of the Superstition Mountains \\„tgarzo�t' Print TO: City Manager's Office FROM. George Hoffman, City Manager DATE: March 20,2012 Agenda Type : Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM- MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT OPTIONS/ALTERNATIVES RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY—APACHE JUNCTION BRANCH 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 0- city z ofpache Junction Home of the Superstition Mountains q,tljotr Print TO: City Manager's Office FROM Kathy Connelly, City Clerk DATE: March 20, 2012 Agenda Type : Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. An application for a special event liquor license has been submitted by the Boys and Girls Club of the East Valley-Apache Junction Branch for a fundraising event to be held on April 21, 2012 at the Dolce Vita Community Center ballroom, 3301 S Goldfield The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS. Click to download © cover memo 0 application U applicant letter U department memo O planning recommendation D pd recommendation 13 fire district recommendation MARCH 8, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER t ,� THROUGH KATHLEEN CONNELLY, CITY CLERK i�`` FROM JAN MASON. DEPUTY CITY CLERK . SUBJECT AGENDA ITEM FOR MARCH 20. 2012 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BOYS & G RLS CLUB OF THE EAS1 VALLEY-APACHE JUNCTION BRANCH An application for a Special Event Liquor License I-as been submitted by Ms Laurie Armstrong of the Boys & Girls Club of the East Valley - Apache Junction Branch for a fundraising event to be held on April 21, 2012, at the Dolce Vista Community Center ballroom, 3301 S Goldfield Apache Junction Correspondence has been received from the planning division, police department and fire ^ district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DLPARTMENT OF LIQUOR LICEN,,cS & CONTROL 800 W Washington 5th Floor Phoenix. Anzona 85007-2934 (602) 542-5 1 41 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25 40 per day for 1-10 day events only A service fee of$25 00 will be charged for all dishonored checks (A R S 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING "Application must be approved by local government before submission to DLLt, USE ONLY Department of Liquor Licenses and Control. (Section#20) t.z CENSE a 1 Name of Organization • c�t> �• .. \ f)(S�.l 644 ct 'YIC1101 1.j„_. 2 Non-Profit/I R S Tax Exempt Number ' -()t;<=3 00 (- 3 The organization is a (check one box only) III Charitable n Fraternal (must have regular membership and in existence for over 5 years) ❑Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4 What is the purpose of this event?❑on-site consumption Doff-site consumption (auction) 0 botn 5 Location of the event. t-1 a i 6 c,ic( i c tt [\ A`k)(k,1„,11 I Address of physical location(Not P C) Box) ity County Zip Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question#1. (Signature required in section#18) 6 Applicant. 3 _ . Last First Middle Date of Bon 7 Applicant's Mailing Address 1) C , i',: ". 3tJ ("3 ( C I l? street =ety State lip 8 Phone Numbers (LI$ri ) ci" Z (Ltr`t") 45 7-63S"( ((f2 ') Arcs -. ?Z/f Site Owner# Applicant's Business# Applicant's Home# 9 Date(s) & Hours of Event (see A R S 4-244(15)and(1 7)for legal hours o`service) Date Day of Week Hours from AM/P M To A M /P M Day 1 t• om_-; st00 t`.CAL) ,�.4 Day 2 Day 3 Day 4. Day 5 Day 6• Day 7 Day 8. Day 9 Day 10 *Disabled individuals requiring special accommodations.please call(6021 542-902' September 2011 frrimN 10, Has the applicant been convicted of a felony in the past five years or t'-ad a liquor license revoked? YES NO (attach explanation if yes) 11 This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year) 12 Is the organization using the services of a promoter or other person to manage the event?❑YES, NO If yes, attach a copy of the agreement 13 List all people and organizations who will receive the proceeds Account for 100% of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. i ' ` Name ta. ? R.1 �� . -\ \-i 4a �;'Ci� i' �`i�t � 1)04 100 A Pprcf- ntage Address 1 7J C_ 4 i.r,': .',`, !, (-- ,.311� Name PNrceniage Address (Attach additional sheet if necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the aw or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHO'_iC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES" 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) #Police [] Fencing ‘0' #Security personnel Barriers 16 Is there an existing liquor license at the location where the special event is being held? YES NO if yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑'r ES ©NO (ATTACH COPY OF AGREEMENT) l\fae of Business t m Phone Number 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing barricades or other control measures and security positions THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 1$ t A 1'1 0 ti L. L. / ` declare that I am an Officer/Director/Chairperson appointing the (Punt full name) apple t listed in Question 6 to apply on behalf of the foregoing organization for a Special Event Liquor License X 60/1--evV ai..„‘L./-) est 4 t` T t' `'(1 .- C- dCIZ If ' .-, v G „l (Signature (litle/Position) (Date) (Phone R i State of ("t"�`7-Oit `1 County of Ivtn_. iLC (off . = "'- x The foregoing instrument was acknowledged before me this ^ - c I FY by Lic'trA 0 I 2— `\ Day Mott;h YearC My Commission expires on I r\ I% 1.�--- _s c`..' - _ [ ( ' '_- �i;' � (Date) C (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 1 I lug u,K ti 1 L i ,yv,z,E.r, tl y t_ declare that I am the APPLICANT filing this application as (Print full name) ,1 hstirl in Question 6 I h e read the application and the contents and all statements are true correct and complete ' - e �} vil'f�t (r. c) r �`�'��-- State of r LC' �� �'1 County of ) )...t L I. kl` ,L " i-` -- The foregoing instrument was acknowledged before me this Si ) .+A;. o J( iJ cw nsion t.,rn Oaf ft,mil \ Day Month rai77-- c,,,\ t Mycommission expires on 1 ` t\\1 �-- N .sc= -Q e 0`,___ __�....7 ; p (Date) ($1gZiature of NOTARY PUBLICI You must obtain local government approval. City or County MUST recommend event and complete item #20 The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20 I hereby recommend this special event application (Government Official) (Title) on behalf of ( (City Town or County (Signature of OFFICIAL) (Date) ` FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) 0 APPROVED 0 DISAPPROVED BY (Title] i Dated SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram (Show dimensions, serving areas, and label type of enclosure and security post onsl NOTE Show nearest cross streets, highway, or road if location doesn't have an address 1 , N 11/4 , eiN ,....,. .... ,,,:__,L.,,z„,..r, , 1},r5 i A;s31111:131, I n A T"j ; L (?fir • S +i ',.\-) I "" L 1 ,jt ., ez r PAG ' ► `� : rf. ,ei40 ache-iteweiivIt, Home of the .Super.stttrur2 Mountains '1A zot4p' February 28, 2012 Boys and Girls Club OF the East Valley—Apache Junction Branch Attn. Laurel Armstrong P 0 Box 3463 Apache Junction, AZ 85117 Dear Ms Armstrong Please be advised that your application for a Special Event Liquor License for the Boys and Girls Club of the East Valley —Apache Junction Branch for April 21. 2012 at 3301 S Goldfield Road has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on March 20. 2012 at 7 00 p m in the City Council Chambers, 300 E Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at t480) 982-8002 Sincerely, ;l e l / ( mot_•' _ ./ f Kathleen Connelly City Clerk • vrtice('i8i)9s2.'-So02 • FAX (4801 98822-701 S• rDr1(3R0}t)8 3-4JO l5 • Ftw''uicay.rtei M)U E. Superituturs Boulevard, Apache Julian t;. A? FEBRUARY 28, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK !FROM JAN MASON, DEPUTY CITY CLERK it( SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BOYS AND GIRLS CLJB OF THE EAST VALLEY - APACHE JUNCTION BRANCH Mr. Laurel Armstrong has submitted an application for a Special Event Liquor License for March 20, 2012 at 33C 1 S Goldfield Road, Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, March 7, in order for this item to be placed on the agenda for the City Council meeting of March 20, 2012. Janet Mason From. Rudy Esquivias Sent Wednesday, March 07, 2012 1144 AM To- Janet Mason Subject: RE. Special Event Liquor License for the Boys &Girls Club ^ Jar The Planning Division has no otaiections to this one time event 4d#c nuiviai Senior Planner/Zon.nq A.dninistrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AL 8511S, 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development- Sez - co D eFartmen' o1::.art hour:- Mc,day 74,ars.uay _r ii o 0ap.., insen F- -Jars :srta tdays From: Janet Mason Sent: Wednesday, February 29, 2012 9.33 AM To, Dave Montgomery(dave.montgomerycaatfire.org), Jeff Robinson, Rudy Esquivias Subject: Special Event Liquor License for the Boys&Girls Club I have received a special event liquor license application for the Boys &Girls Club Please have your department recommendation to me no later than Wednesday, March 7 tN Thank you '.ine*Mason i:iept ne City Clerk Lily Of Apache Junction 300 E Superstition Blvd Apache iunctior, AZ 85110 480 474 S068 imasont aJcity net Service Over ana Abote ti'i Rr,t This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City s records retention schedule To ensure compliance with the Open Meeting Law members of the City Council should not forward email correspondence to other Z Apache Junction Police Department pOLICF I Interdepartmental Memo p DATE 03/07/2012 TO Lt J Robinson THROUGH FROM Sgt G Durkin SUBJECT Boys & Girls Club Event At your requst I went to Dolce Vista 3301 S Goldfield Rd, for the Special Event permit application- Boys & Girls Club of the East Valley This location is within the city limits of Apache Junction and is AJPD's jurisdiction This location is a secured, gated community with a manned security post at the enterence The event is to occur on 4/21/12 within their community centers ball room I met with the manager Pat Eynch for this inspection She showed me the bail room that has an attached kitchen She told me the liquor/beerfvine with be served though the kitchen window She told me the coors will have security personal posted at them and the pool outside the rear of this ballroom with be secured and locked Bathrooms trash and parking will be on scene I did not see any objections or challenges with this application `pistric•t qcc� �F`� ��Anz°nn n��t, ,r „= Apache Junction Fire District ; .. ' ! ,�""`"'" ! 565 North Idaho Road, Apache Junction, AZ 85219 �/'PEniss�``~ki. Phone (480) 982-4440, Fax(480) 982-0183 104, -Abe • Y `°+ MEMORANDUM TO Jan Mason, Deputy City Clerk City of Apache Junction 300 E Idaho Road Apache Jct.,AZ. 85219 FROM. John Suniga,Deputy Fire Marshal _ DATE: March 1,2012 SUBJECT. Application for Special Event Liquor License for 3301 S. Goldfield The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 3301 S Goldfield for an event to be held on March 7, 2012 We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You —5. Zs___ ATTN: Application Y ) ? )-, ROL CALL VOTE • NOTES ' ' N 4ch Ad,i) i)u ITEM # , ' MEETING OF ‘A Y1/\•/ MOTION BY• SECONDED BY DYES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER SMITHSON J COUNCILMEMBER WILSON J P COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Nv ANEW • ITEM NO. 5 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH FOR APRIL 21, 2012, SUBMITTED BY LAURIE ARMSTRONG, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AIM *PAC HE City of Apache Junction Home of the .Superstition Mountains 4Rizote) Print TO: City Manager's Office FROM Arnold Freeman, Police Captain DATE: March 20, 2012 Agenda Type Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM. AWARD OF BID FOR TOWING SERVICES. ACTION REQUESTED. Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On March 19, 2012, Police Department staff briefed the Council on the February 1, 2012 towing services RFP submittals and provided its recommendations. This is the time set for Council's selection of and award of bid to tow operators for police- ordered tows FISCAL IMPACT. OPTIONS/ALTERNATIVES: :ECOMMENDATION Selection of bidders. ATTACHMENTS: Click to download 1) Towing RFP Presentation ApAHFa 111!OLICE� nt t U i : %ic? '4 g1ZOt, Project PD - 2011 - 03 RFP Tow Contracts Arnold Freeman Division Commander, Administrative & Support Services OW PpAHE • �poLlcc�P ro a ct P D — 2 011 - 0 3 �1,Vz y 4Rno i RFP Tow ContractsEirg 4arzow Presentation Objectives: Presentation/discussion on RFP Tow Contracts Discussion on RFP Process and Requirements Overview of bids received Staff recommended options I ,2 pOLICE� O Project PD - 2011 - 03 p z 4 , RFP Tow Contracts '4HiZOt,Q' Bids Received : •RFP was generated with assistance from AJ legal department, submitted to Clerk Connelly's Office, Invitation for bids advertised •Bid opening held February 1, 2012 at 10:00 A.M. MST-Arizona; AJ City Clerk Following bids were received: 1) Action Towing — 1414 E 18th Ave, AJ 2) Big Boyz Towing - NONE 3) Burke's Towing — 1725 E 12th Ave, AJ 4) C.L. King Towing — 199 S Ironwood Dr, Al 5) EZEE Towing — 1151 W Apache Trail, AJ 6) GO Tow — 936 W Apache Trail, AJ 7) Phoenix Metro Towing — 2244 W Apache Trail, Al 8) Priority Towing — 1495 E 17th Ave, AJ 9) Randall's Towing — 1361 E 18th Ave, Al , ) p pCN� •k P �/(,2 �pOL10E� �� Project PD - 2011 - 03 ; , . %id' gplzoty RFP components Refined and updated 885 Qualifications and stability of vendor and principles Consistent and equitable tow fees, customer & vendor Enhanced Customer service & flexibility Provides for vendor disciplinary measures and appeals Mandates regular audits Establishes on-scene authority ?ACHElik OLICOpE JG2 �p � Project PD - 2011 - 03 t #4 � 0 U . - if.g, - - 2 %s 4R1zON, Complaints or Exceptions received in responses ) Mileage: Input from industry hourly rate, fuel surcharge Audit Scope: Police tows only 15 minute response time: Reasonableness: based upon scene circumstances 1 t 4 ' pp ACHE �� �pOLlCt 4 W Project PD - 2011 -. 03 *4 61 RFP Tow Contracts %:Er? 'QRizON Determining Criteria for Staff Conclusions A) Meets or exceeds AZ Administrative Tow Regulations (R-13) B) Meets or exceeds the requirements of RFP PD-2011 - 03 C) Availability of equipment and personnel D) Proximity to AJ focal point E) Satisfactory tow history with AJPD ote0014 -% Project PD - 2011 - 03 04:4,P7t I 9 RFP Tow Contracts %/T# A) Meets or exceeds AZ Administrative Tow Regulations (R-13) B) Meets or exceeds the requirements of RFP PD-2011 — 03 C) Availability of equipment and personnel D) Proximity to AJ focal point E) Satisfactory tow history with AJPD C.L. King Towing — 0.9 — A, B, C, D, E Burke's Towing — 1.7 — A, B, C, D, E Action Towing — 1.85 — A, B, C, D, E Randall's Towing — 1.9 — A, B, C, D, E EZEE Towing — 0.6 - A, B, C, D Priority Towing — 1.75 — A, C, D, E GO Tow — 0.4 - A, C, D Phoenix Metro Towing — 1.2 — C, D Big Boyz Towing — A p.. pCHE 76pOLICE = Project PD - 2011 - 03 Z RFPTowContracts %„zP R1ZC1N Based upon the determining criteria 1-5, staff presents to council the following companies for consideration: C.L. King Towing — 0.9 — A, B, C, D, E Burke's Towing — 1.7 — A, B, C, D, E Action Towing — 1.85 — A, B, C, D, E Randall's Towing — 1.9 — A, B, C, D, E EZEE Towing — 0.6 - A, B, C, D Priority Towing — 1.75 — A, C, D, E GO Tow — 0.4 - A, C, D Phoenix Metro Towing — 1.2 — C, D Big Boyz Towing — A (VVkCC ' Ni Cry ► S W 0 -. S C5s L a I�f Joel Stern TOCY1Q tAJ Ni . G}-�k.Y' s 0LD '(/ 5t tv6 Ss 1r&M From: Joel Stern Sent• Monday, March 19, 2012 10.53 AM Orb To: 'Conor Gleason' Cc: Jerald Monahan, Arnold Freeman, Kathy Connelly, George Hoffman, Bryant Powell Subject RE RFP Powerpoint for Council Study Session I will pass along your request to the M&CC. R. Joel Stern City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 474-5105 LEGAL DISCLAIMER--This message and any information contained herein or attached hereto contains information subject to the Attorney-Client Privilege and/or the Attorney Work Product Doctrine. It is intended to be communicated only to the recipient It also relates to actions taken by counsel,or at the direction of counsel,in connection with preparation for pending or reasonably anticipated litigation. The inadvertent or unintended disclosure of this information does not constitute a waiver of any otherwise applicable protections. if you are NOT the intended recipient of this communication,please destroy it and notify the sender at(48o)474-5105 Any form of reproduction,dissemination,copying,disclosure,modification,distribution and/or publication of this e-mail message is prohibited. From: Conor Gleason [mailto:towinosupport@ hotmail.com] Sent: Monday, March 19, 2012 10:20 AM To: Joel Stern Subject: FW: RFP Powerpoint for Council Study Session Joel - At the council work session that is scheduled for tonight at 7.00PM Captain Freemen is scheduled to present his findings from the evaluation of all the RFP towing responses the city received for the Towing and Vehicle Storage Services RFP dated 2.1.2012. At this point, we have not received any direct feedback from the city as to whether we meet or do not meet the criteria of the RFP, nor have any questions been asked to our organization to clarify our response to any of the questions asked in the RFP. In the meeting powerpoint scheduled for tonight Capt Freeman has found that Priority Towing LLC does not meet the criteria of the RFP and has scored us accordingly. After reviewing the past RFP in which we "meet the criteria" and reviewing the current RFP in which we "do not meet the criteria" I can not find and particular reason that we do not meet the criteria. I sent the below email to Capt Freeman asking for clarification on his findings. We would like to request at this time that this line item on the council work session tonight and city council meeting tomorrow be postponed to give adequate time for Priority Towing LLC to meet with the City of Apache Junction to discuss in detail these findings so that we may proceed accordingly. We feel that if Priority Towing was scored in error and if we do meet the criteria it would do great financial harm to our organization to proceed as planned without giving us a fair chance to discuss these findings. Sincerely, Conor Gleason Cell-602 391.3903 1 Fax-480.287 9462 To Request Service Please Call: Priority Towing- 602 232 6006 www.prioritvtow corn From: towinosupport(ahotmail.com To: afreemanaajcitv.net Subject. RFP Powerpoint for Council Study Session Date: Mon, 19 Mar 2012 06:57.33 -0600 Captain Freeman - I was preparing for the meeting tonight in which you are going to present to council your findings on the towing RFP in the work session. I was thoroughly surprised to see that you have found Priority Towing to not meet the criteria of the RFP by not placing the letter "B" in our rating. I have read through the previous RFP that was released to the towing vendors, our response to it and then your presentation to the council on November 1st 2011 in which you stated that we meet the qualifications I then read through the current RFP that was released to the towing vendors, our response to it and then the powerpoint presentation that is on the council website for tonight's meeting in which you are proposing that we do not meet the qualifications. In the first powerpoint(Presented 11-1-2011) you found Priority Towing to meet the criteria of the RFP, in the second powerpoint(tonight's presentation) you found Priority Towing does not meet the criteria of the RFP. I could not find any material changes to the RFP that would prevent us from meeting the new one but allowed us to meet the last one Please respond back with the reasons that we did not meet the "new" RFP criteria so that our company can prepare for tonight's work session and tomorrow's council meeting. Thank You, Conor Gleason Cell- 602 391 3903 Fax - 480.287.9462 To Request Service Please Call. Priority Towing- 602 232 6006 www.prioritytow corn 2 AIM Adak Jackie Vincent From. Joel Stern Sent Tuesday, March 20, 2012 12 15 PM To: Jackie Vincent Subject. FW RFP Powerpoint for Council Study Session Attachments Attachment 1 Relevant Pages from Response to RFP Feb 2012 pdf, Attachment 2 Zoning Letter pdf, Attachment 3 -SRP Bill AJ Lot pdf Please print out e-mail, make 10 full copies with the three attachments. Then return to me so I can give to M&CC tonight. THX R. Joel Stern City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 474-5105 LEGAL DISCLAIMER--This message and any information contained herein or attached hereto contains information subject to the Attorney-Client Privilege and/or the Attorney Work Product Doctrine It is intended to be communicated only to the recipient It also relates to actions taken by counsel,or at the direction of counsel,in connection with preparation for pending or reasonably anticipated litigation The inadvertent or unintended disclosure of this information does not constitute a waiver of any otherwise applicable protections If you are NOT the intended recipient of this communication,please destroy it and notify the sender at(480)474-5105. Any form of reproduction,dissemination,copying,disclosure,modification,distribution and/or publication of this e-mail message is prohibited From: Conor Gleason [mallto:towingsupport@hotmail corn] Sent: Tuesday, March 20, 2012 10.50 AM To: Joel Stern Cc: George Hoffman; Bryant Powell; Kissandra Attorney Tysman Subject: RE RFP Powerpoint for Council Study Session Attn. City Attorney, City Council, City Manager- At the City Council Work Session last night Captain Freeman presented to the council that we did not meet the requirements for the Towing RFP A member of the council asked Captain Freeman why we did not meet the requirements of the RFP and he quoted our bid directly by reading (attachment 1) Section III Number 9 on the attached document to the council I requested in writing earlier yesterday that Captain Freeman provide to me the reason why we did not meet the qualifications of the RFP and he responded back to me in writing "I am not authorized to discuss any issues regarding the Tow RFP as the process is still ongoing" and then read our bid (which is not a public document until after the contract is awarded)to the city council in a public meeting Since Captain Freeman is "not authorized" to communicate with me in regards to this bid, I am asking for your help in communicating with the city council and city management In RFP #PD 2011-02 and RFP #PD 2011-03 the storage facility section of the request for proposal was written the exact same so when recreated our bid as a cost saving measure we cut and paste the old bid into the new bid. We went through and updated the new bid in Section III number 6 and 7, and must have overlooked number 9 and the word "November" relating to the last bid new contract start date and it was a typographical error to not update the section he read allowed with the "April" start date of this RFP. i /' While Captain Freeman was reading �response to RFP#PD 2011-03 to the uuuncil,he failed to point out Section III Number 6 List your business address Priority Towing Release Office - "(In April of 2012 Priority Towing will expand into office on-site for vehicle releases,...)" and Section III number 7 List location of your dispatch center-"Phone calls are answered during business hours at both the release office named above (starting 4-1-2012) " when addressing the council. In order to get to the section he read to the council it would be reasonable to assume he must have read both of these sections and noticed that there was a contradiction. Following Captain Freeman reading a portion of our bid to the city council, Rudy Esquivias addressed council by saying that our proposed office was not zoned properly (see attachment 2) and that we did not have permitted power(see attachment 3) so the office on the property could not be used as a towing office per the RFP Business Office Section requirements We recommend and would greatly appreciate if the City would re-evaluate the decision that our firm "does not meet the requirements of this RFP" using the information provided If you have any questions please feel free to contact me at the information below. Thanks, Conor Gleason Cell- 602.391 3903 Fax- 480 287 9462 To Request Service Please Call Priority Towing - 602 232 6006 www.prioritytow corn Historical Note. ****As a current towing vendor for the city, Priority Towing has successfully completed over 100 Police Ordered Tows in the last 12 months with an average on-scene response time of 13 minutes based off our GPS fleet tracking report. We have never received a validated complaint from the city or from a citizen of Apache Junction in regards to customer service,pricing clarity(based off our rates being computer generated and itemized on receipts), or any other common complaint against towing firms from the citizens of the community. In addition to performing the above services, Priority Towing voluntarily immediatley upon receipt of an email dated 8/3/2011 from Sgt Allison(forwarded from Capt Freeman) reduced our pricing to reflect the proposed pricing of this RFP in an attempt from AJPD to standardize the pricing for all towers and provide a fair consitent rate to all citizens in the community From. (stern@ajcity net To. towingsupport@hotmail corn CC jmonahan@AJCity Net; afreeman(a,AJCity Net, kconnelly@ajcrty net;ghoffman@AJCrty Net, bpowell@AJCity Net Date Mon, 19 Mar 2012 10.53.14 -0700 Subject. RE• RFP Powerpoint for Council Study Session I will pass along your request to the M&CC R. Joel Stern 2 Ada City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 474-5105 LEGAL DISCLAIMER--This message and any information contained herein or attached hereto contains information subject to the Attorney-Client Privilege and/or the Attorney Work Product Doctrine It is intended to be communicated only to the recipient It also relates to actions taken by counsel,or at the direction of counsel,in connection with preparation for pending or reasonably anticipated litigation. The inadvertent or unintended disclosure of this information does not constitute a waiver of any otherwise applicable protections If you are NOT the intended recipient of this communication,please destroy it and notify the sender at(480)474-5105 Any form of reproduction,dissemination,copying,disclosure,modification,distribution and/or publication of this e-mail message is prohibited From: Conor Gleason [mailto:towingsupport@hotmail corn] Sent: Monday, March 19, 2012 10:20 AM To: Joel Stern Subject: FW RFP Powerpoint for Council Study Session Joel - At the council work session that is scheduled for tonight at 7.00PM Captain Freemen is scheduled to present his findings from the evaluation of all the RFP towing responses the city received for the Towing and Vehicle Storage Services RFP dated 2 1 2012. At this point, we have not received any direct feedback from the city as to whether we meet or do not meet the criteria of the RFP, nor have any questions been asked to our organization to clarify our response to any of the questions asked in the RFP. In the meeting powerpoint scheduled for tonight Capt Freeman has found that Priority Towing LLC does not meet the criteria of the RFP and has scored us accordingly After reviewing the past RFP in which we "meet the criteria" and reviewing the current RFP in which we "do not meet the criteria" I can not find and particular reason that we do not meet the criteria I sent the below email to Capt Freeman asking for clarification on his findings We would like to request at this time that this line item on the council work session tonight and city council meeting tomorrow be postponed to give adequate time for Priority Towing LLC to meet with the City of Apache Junction to discuss in detail these findings so that we may proceed accordingly We feel that if Priority Towing was scored in error and if we do meet the criteria it would do great financial harm to our organization to proceed as planned without giving us a fair chance to discuss these findings. Sincerely, Conor Gleason Cell - 602 391.3903 Fax - 480 287 9462 To Request Service Please Call: Priority Towing - 602 232 6006 3 AM!. www.prioritytow.coin From: towingsupport@hotmail corn To. afreeman@ajcity.net Subject. RFP Powerpoint for Council Study Session Date Mon, 19 Mar 2012 06.57 33 -0600 Captain Freeman - I was preparing for the meeting tonight in which you are going to present to council your findings on the towing RFP in the work session. I was thoroughly surprised to see that you have found Priority Towing to not meet the criteria of the RFP by not placing the letter "B" in our rating. I have read through the previous RFP that was released to the towing vendors, our response to it and then your presentation to the council on November 1st 2011 in which you stated that we meet the qualifications. I then read through the current RFP that was released to the towing vendors, our response to it and then the powerpoint presentation that is on the council website for tonight's meeting in which you are proposing that we do not meet the qualifications. In the first powerpoint(Presented 11-1-2011) you found Priority Towing to meet the criteria of the RFP, in the second powerpoint (tonight's presentation) you found Priority Towing does not meet the criteria of the RFP. I could not find any material changes to the RFP that would prevent us from meeting the new one but allowed us to meet the last one. Please respond back with the reasons that we did not meet the "new" RFP criteria so that our company can prepare for tonight's work session and tomorrow's council meeting Thank You, Conor Gleason Cell - 602 391 3903 Fax - 480 287.9462 To Request Service Please Call: Priority Towing - 602 232 6006 www prioritytow.com 4 4. Do you have service only vehicles in your fleet? _X Yes No Response: Priority Towing has one service only vehicle in its fleet. It is a 2006 Chevrolet Trailblazer equipped to handle jumpstarts, lockouts,tire changes, and fuel delivery calls. This vehicle also serves as a 4x4 support vehicle in off-road recoveries and can carry extra chain, straps, and equipment to hard to reach place that a conventional tow truck may not get to. II. Availability of Necessary Staffing 5. Indicate number of employees in the following positions(this information is only for named firm) Total number of employees 7 Management total 1 Office Staff total _1 Drivers 4 Lot Personnel 1 Other _0 Response: Priority Towing currently employs a total of 7 people. Conor Gleason manages the business and drives or works at the lot when needed. We have four full-time tow operators (Randy Batty, Scott Davidson, David Stotts, and John O'Donnell) and two support employees (Michelle Sikes and Sofia Alverez) Our support staff answers inbound phone calls, bill and collect from customers, escorts customers to their vehicles, completes payroll, organize truck maintenance records, manage vendors, and ensures that our tow operators have all the necessary equipment and paperwork readily available to complete their job duties We are a small business and we all work together to deliver our services and exceed our customers' expectations. (All Background Check Authorizations are in Appendix 2) III. Storage Lot Location and Facilities 6. List your business address. Response: Priority Towing currently operates out of two locations. Priority Towing Vehicle Storage Facility and Release Office: 1495 E 17th Ave, Apache Junction AZ (In April 2012 Priority Towing will expand into office on site for vehicle releases, currently leases property adjoining office for vehicle storage and utilizes home office for records, phones, ect) Priority Towing Truck Maintenance and Operations Center. (also our mailing address) 3242 S 36th St 42, Phoenix AZ 85040 7. List location for your dispatch center. Response: Priority Towing currently operates a three phase dispatch center. Phone calls are answered during business hours at both the release office named above(starting 4-1-2012) 1st and 2nd ring and the operations center 3rd and 4th ring. If one support person is busy the call rolls over to the other location. If both support personnel are busy the calls roll over to a third party towing exclusive answering service 5`h ring always answered. All calls are entered into a web-based towing software in real time that is integrated into the trucks GPS system and suggests the most available truck for the call. Once the driver and truck are chosen the call is sent via test message to the driver and the call is verbally dispatched via two way radio as well Once the call is completed the information is immediately entered Into the software for search ability when customer is trying to locate vehicle. 8. What is the size of the primary storage facility lot for the City of Apache Junction? Response: Priority Towing's primary storage facility for the City of Apache Junction is about 6250 square feet. What is the average available capacity of your primary storage lot(state in number of vehicles)? Response: Priority Towing's average "available" capacity is about 25 vehicles That is in addition to the vehicles we currently store for AJPD under the rotation agreement that is currently in place.The lot can hold about 40 vehicles total 9. Do you have an office located at your primary storage lot for the City of Apache Junction? Response: Priority Towing does have an office on its primary storage facility. It is currently occupied by a tenant but will be taken over by Priority Towing in November of this year. 10. Does this location have an indoor waiting room and telephone access for customers? Response: Priority Towing's office does have an indoor waiting area and telephone access. 11. List location of your approved/anticipated primary storage lot for the City of Apache Junction?If storage lot is leased,provide the terms of the lease and the name and address of the lessor. Response: Priority Towing's approved/anticipated lot is the same one as mentioned above The lease can be found in Appendix 3 of this bid and the Lessor's Name is Canyon State Servicing Company PO Box 10378 Phoenix AZ 85064-0378. We have leased the above named property since December of 2009. Our contact at Canyon State is Keith 12. List, in detail,security features at the primary storage location for the City of Apache Junction. Response: Priority Towing's storage facility is secured by a 6ft tall chain link fence with barb wire and razor wire on top The chain and lock that secure the gate are heavy duty boron-carbide that is not able to be cut with bolt cutters The property is well lit with multiple high powered overhead lights mounted on a pole in the interior corner The property is randomly patrolled by our personnel when it is closed and has security screening in the fencing that faces the street. 13. Is the location of the primary storage facility for the City of Apache Junction within the taxable boundaries of the City of Apache Junction? Response: Priority Towing's storage facility is located within the taxable boundaries of The City of Apache Junction. We have an active City Privilege Tax License 87-170934 which renews at the end of this year and an Arizona Department of Revenue License 20514467 Both of these licenses are located in the Appendix 4 of this response to RFP. 14-21.Al!questions relate to a secondary storage facility. Priority Towing does not utilize a secondary storage facility and has adequate space in its primary storage facility to tow all vehicles related to this contract. If more storage space is necessary in the future, we will add storage space as needed. IV. Customer Services to be Provided 22. What are your hours of operation for storage lot personnel and what holidays are observed? Response: Priority Towing's storage facility is open Monday through Friday 8AM-5PM and 8AM-Noon on Saturdays for vehicle releases and property releases free of charge.We observe the following holidays New Years Day, Presidents Day, Memorial Day, independence Day, Labor Day,Thanksgiving Day, and Christmas Day. The yard is open by appointment only on these holidays and an after-hours gate fee of$55.00 is charged as outlined in Exhibit A and Section 10A 23. Will owners or owner's agents,be able to make payment at the same site the car is stored? Response: Priority Towing will accept payments at the same location where the vehicles are stored. 24. What is the distance to the nearest public transportation of your primary storage lot for the City of Apache Junction? AQA HFJ O� Zna 1 ' z City of Apache Junction '9R�20�'P Development Services Department December 3, 2009 Priority Towing 1595 E. 17th Ave. Apache Junction, AZ. 85119 RE: Priority Towing/Motor Vehicle Towing-Storage Use. To whom it may concern. This letter is to inform you that based on a Zoning Administrative review and a zoning excerpt map of the property located at 1595 E. 17th Ave. Apache Junction,AZ. 85119, staff has found that the property is zoned CI-1 (Light Industry and Warehouse Zone) and the use of storing vehicles incidental to the towing business in place is permitted. If you have any questions or comments please feel free to call the case planner Yanet Ochoa Sincerely, Yanet Ochoa Assistant Planner City of Apache Junction (480) 474-2636 yochoa@ajcity.net 300 E Superstition Boulevard • Apache Junction, AZ 85219 • Ph (480)474-5090 • Fax(480)474-5102 Allig g1 ° "` Residential Customer Service" Amount Due $74.37 -V (602)236-8888 or(800)258-4777 Due Date 01/12/2012 www srpnet corn Monday-Friday,7.00 am-7:00 pm Account No. 831-205-004 R PRIORITY TOWING LLC 1481 E 17TH AVE APACHE JUNCTION YOUR ACCOUNT SUMMARY AS OF 12/22/2011 Res Basic Plan Previous Account Balance $0 00 Services 12/05 Service Establishment Fee $31 06 Deposit Paid $0.00 Balance Before Usage Charges $31 06 Monthly Service Charge $8 00 ELECTRICITY YOU USED Energy(kWh)Charge $31 05 Meter No 5774525 was read on 12/21/2011 Apache Jnct-Pinal Tax $1 25 Current Read Previous Read Energy used County and State Tax $3.01 kWh 0398 0000 398 This Month's Usage Charges $43.31 Total kWh 398 NEW ACCOUNT BALANCE $74 37 COMPARING YOUR MONTHLY USAGE Average Daily NOTES Days kWh Cost Temperature -The Energy Charge includes a Fuel and Purchased Power December'11 Bill 16 25 $2 71 52 1° Adjustment Factor of$0 02500 per kWh and an Environmental Programs Cost Adjustment Factor of$0 00370 per kWh kWh Usage -Your Smart Meter is read automatically each day ensuring an 399_ accurate bill View your daily usage at srpnet com/myaccount 342_ 285_ 228_ 171_ 114_ 57_ 0 II II II II II II II 11 II II II Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month 0 2010 II 2011 Detach Hece— _--_ -._-- ________- PAGE 1 OF 2 — — Adak Joel Stern From: Rudy Esquivias Sent Tuesday, March 20, 2012 2 34 PM To: Joel Stern Cc. Arnold Freeman, Jerald Monahan, Kathy Connelly, Dennis Dixon Subject: FW. RFP Powerpoint for Council Study Session Attachments: Attachment 1 Relevant Pages from Response to RFP Feb 2012.pdf, Attachment 2. Zoning Letter pdf, Attachment 3-SRP Bill AJ Lot.pdf, JS letter regarding Priority Towing pdf, RE email regarding Priority Towing pdf Joel. In his e-mail below, Mr Gleason completely misrepresents what I said. I watched the video from last night's meeting. In fact, I did state that all of the properties on the bid list(except Big Boyz—not in the City) are properly zoned, either CB-2 or CI-1 I did not say a thing about power to the property What I said was that the HUD-certified manufactured home, which is on part of the property, cannot be used as a commercial office building Furthermore, please see your letter to Mr. Gleason's attorney, dated April 22, 2011, wherein he is advised in writing about the type of building Priority Towing could install on the property to use as an office Then again, on July 27, 2011, I sent Mr Gleason an e-mail explaining the type of building which could be used for an office. From conversations I had with Mr Gleason back in July 2011, I believe Priority Towing is avoiding placing a proper commercial building on the property because they do not want to spend money on bringing the property up to a current commercial or industrial development standard (water and sewer hook-ups, on-site and off-site improvements, landscape code compliance, permit fees and development fees, etc ) cRLI40sgiLviab Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@a]city.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 OOpm, closed Fridays and Holidays.) From: Joel Stern Sent: Tuesday, March 20, 2012 12.00 PM To: Arnold Freeman, Jerald Monahan; Rudy Esquivias Cc: Kathy Connelly Subject: FW: RFP Powerpoint for Council Study Session Fyi. I will provide to council. R. Joel Stern City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 1 3-20-12 ITEM #6: REVISED TOW SERVICES MOTION I move that the following tow companies be selected as the City's towing services providers: • el 1}f • bivie-. 1 • ct,:,•6,. • AND, I move that the Police Department obtain executed copies of towing agreements with the selected companies; AND, I further move that the City Attorney draft and present a measure repealing Ordinance No. 885 with an emergency clause at the April 3rd regular session. ROLL CALL VOTE NOTES ....... , , t ,\„3,\T ITEM # �� MEETING OF Q)L) MOTION BY: SECONDED BY: /YES NO ABSTAINED VICE MAYOR DIETZ ' COUNCILMEMBER WILSON ,j COUNCILMEMBER BARKER ilf COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON MAYOR INSALACO L i UNANIM S IN FAVOR OPPOSED ABSTAINED `TOTAL \i' ITEM NO. 6 I MOVE THAT THE AWARD OF BID FOR PROJECT PD-2011-03, TOWING SERVICES FOR POLICE-ORDERED TOWS, BE AWARDED TO THE FOLLOWING TOW OPERATORS• ?ACHE✓G °� St City ofpche Junction � z Horne of the Super:►•tition :`Mountains 4Pizot,r Print TO. City Manager's Office FROM• Janine Solley, Business Advocate DATE: March 20,2012 Agenda Type Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM. COUNCIL DIRECTION TO STAFF ON PUBLIC ART FOR THE OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT ACTION REQUESTED Direction to Staff DISCUSSION / BACKGROUND INFORMATION: Staff seeks direction on the public art alternatives for the Old West Highway pedestals FISCAL IMPACT: OPTIONS/ALTERNATIVES. „f2ECOMMENDATION ATTACHMENTS: Click to download No Attachments Available / rf ROLL CALL VOTE tve), 6 ji, liki) NOTES LL 1, , f/ h .0)c7 C '1'4 041'4 ,A, : " VIe /t? n ./-,it\\AS it\ITEM # MEETING OF OvaiiMOTION BY c6AAANI SECONDED BY YES NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY V( COUNCILMEMBER BARKER ,/ COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO / UNANIMOyS IN FAVOR OPPOSED ABSTAINED TOTAL v ,p ITEM NO. 7 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ART FOR THE OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT• ROLL CALL VOTE NOTES 0\ /5 1,/t; ITEM # 3 MEETING OF MOTION BY: SECONDED BY: \..,111A. )/ES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO ti UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 4' 116. ITEM NO. 8-9 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, APRIL 2, 2012, 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, APRIL 3, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. 4 ADJOURNMENT: (' I MOVE THAT THE MEETING BE ADJOURNED AT `� P.M ROLL CALL ws t3 I 1/ iJi ✓ REG: iril). )13/ SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO t/i .,/— VICE MAYOR DIETZ V f, COUNCILMEMBER BARKER J , COUNCILMEMBER SERDY /I/COUNCILMEMBER SMITHSON COUNCILMEMBER WILSON vii , „ TOTAL CITY STAFF: \ ' ! 1 '' City Manager George Hoffman ti Assistant City Manager Bryant ' Powell City Clerk Kathleen Connelly / . City Attorney Joel Stern V Public Safety Director Jerald Monahan L. Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley h 11 Economic Development �r t. ' Director Steve Filipowicz (,) Y Assistant to the City Manager 1 a,,,,i ,, ' Matt Busby , ` )7i:j1V,, OTHERS: ki (4k...../t/ IA\jiCli 1/4y41,..)0 \ 14,,' ry , A 1 ' r i V Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yek No❑ Only If Necessary ❑ I am in favor of the proposed lte rrzi . ❑ I am opposed to the proposed Item. i1 '. - f \ , L6Q Name (Print) 7) \ . 3 )N( Address. City Zip Code () ?-- L7--I kjo V 0\ l 1 vr -1-,--�Ai ` 210i I co 1/13 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 Date: 3D `` CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Mana• • s Report portion of the agenda. Do you wish to speak before Council on this item? Yes Nor_ Only If Necessary I- I am in favor of the proposed Item. E I am opposed to the proposed Item. fLI )(\i 77- //- /) /6 73(9,9 fi-c'r 5.717 g<2, Name (Print) fi'Jo'1vede/eve //eoncite j . R /7 Address City Zip Code ado2 �Jc (-')°LLfi Fist''G�r'"I Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation 020 /2 Signature of Parent/Guardian Date 02/23/12 Date: / / CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ Non Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) /o/ /V /k/itc_(4 A42'9 € C // Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: 3 IQ- CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. E I am opposed to the proposed Item. Name (Print) //2 .; 5 , Coca,.- 4_ . ¶ 'i20 Address City Zip Code 16 -1;3 / // Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. ;mac d,e, OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes No Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) Address City Zip Code (92 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 Date:.ac 9-/2-- CITY OF APACHE JUNCTION Please select a ion:, REQUEST TO SPEAK FORM Item No. !`'t-ez"J pw 7 OR Call to The Public / c' (One Form Per Item) Please fill out completely and return to the City Clerk 1 prior to the conclusion of the City Manager's Report portion of the agend . Do you wish to speak before Council on this item? Yi .._. No❑ Only If Neces ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. ( 7-3 e Ri9,\/ 4,9(-:L I Name (Print) 1 .�3 ( / / 1 � .�� , 5 F-57 / s' Address City Zip Code 9ra -67 /-.3 //5 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. ( Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian o (minor(s)), a minor(s), agree to allow said minor(s) to ap•-.r and/or participate in the City):, .pache Junction City Council Meeting I further understand that this activity may be audio an5Ver video recorded an•- hereby. ;ent to the minor being audio and/or video recorded during his/her participation with the likelih.20d that eir image `v:pear . le TV and the Internet video stream showing their participation:,....q__ _:-/e2._____. S natur- Pare Sr .rdian ` ' Date f g "� I61/?'/ dpv,,, ,, 02/23/12