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HomeMy WebLinkAbout2014 06.03 City Council Regular Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,June 3,2014 7:00 PM City Council Chambers 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 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. 14-268 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-269 Approval of minutes of regular meeting of May 20, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 052014 Signed May 20, 2014 minutes 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. 3. 14-270 Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of 2008-2012. Presentation. Sponsors: Christa Rizzi 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. City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda June 3,2014 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 the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 4. 14-54 City manager's report. Presentation. Sponsors: Bryant Powell 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 appearing before the council. 5. 14-271 An application for sampling privileges to active beer and wine store, series 10 license for AJ's Mini Mart located at 3940 S. Ironwood Drive in Apache Junction. 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. Consideration and action. Sponsors. Kathy Connelly Attachments: 2014 als mini mart cc 2014 ASs Mini Mart same applic 2014 ASs mini mart sampl. notice 2014 ASs mini mart sampl.ltr 2014 ASs mini mart dept memo 2014 AJ mini mart building rec 2014 ASs Mini Mart sampling planning recommendation 2014 AJ Mini Mart fd rec. 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. 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. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 2 Printed on 6/15/2026 City Council Meeting Agenda June 3,2014 6. 14-278 Council direction to staff regarding proposed guidelines for city's corporate partnership program and proposed advertising on city vehicles. Direction to staff. sponsors: Roger Hacker Attachments: Council Report June 3, 2014 Proposed Guidelines Amended by Council Council's Comments L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 7. 14-72 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 16, 2014. sponsors: Bryant Powell 8. 14-73 Executive Session at 5:45 P.M. for Tuesday, June 17, 2014. Other meetings if necessary. sponsors: Bryant Powell 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 is 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 on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. If any person with a disability needs any type of accommodation, please notify Human Resources at(480) 474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 3 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-268 Sponsor: Kathy Connelly Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-269 Sponsor: Kathy Connelly Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of May 20, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING MAY 20, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 20, 2014, 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 : 04 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 1 OF 15 Others Present: Program Resource Manager Roger Hacker Program Coordinator Heather Patel Public Information and Marketing Communications Specialist Constance Halonen-Wilson Public Information and Marketing Communications Specialist Matt McNulty City Magistrate Jim Hazel ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR TWO-YEAR CONTRACTS BETWEEN THE CITY OF APACHE JUNCTION AND WILLIAM PEARLMAN AND CARRIE CANIZALIS FOR INDIGENT DEFENSE SERVICES WITH A BASE MONTHLY PAYMENT OF $1, 725 FOR EACH ATTORNEY FOR A TERM BEGINNING JULY 1, 2014 AND EXPIRING JUNE 30, 2016; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND PUBLIC SECTOR PERSONNEL CONSULTANTS FOR THE CITY OF APACHE JUNCTION FISCAL YEAR 14/15 CLASSIFICATION AND COMPENSATION STUDY IN AN AMOUNT NOT TO EXCEED $57, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 14-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 14-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 2 OF 15 AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 18-24, 2014 as National Public Works Week and presented the proclamation to Public Works Director Giao Pham. Program Resource Manager Roger Hacker announced the Lost Dutchman Kennel Club donated funds to purchase a bite suit training suit for the city' s canine officer. He introduced Robert Churchee, the vice president, who gave an update on the club' s activities . Public Safety Director Tom Kelly gave a brief presentation on the events leading up to the donation. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced she and her family attended the annual Pinal County Peace Officer Memorial Ceremony in Florence on May 8, along with Councilmembers Wilson and Waldron. Councilmember Rizzi announced she attended the annual Mothers' Day Tea on May 10 at the senior center with her mother and granddaughter. They served a four course brunch with lots of homemade desserts . They had lots of activities and raffles . She commented the senior center has a lot of activities to offer. Councilmember Rizzi announced she attended D.A.R.E. graduations this week along with the mayor and vice mayor. Each year all of the students are required to write an essay and she was impressed with the two winners . She thanked her fellow councilmembers for continuing this program when so many other communities have cut it. She thanked the police department for dedicating Officer Harshman to the program. Councilmember Rizzi announced Paws and Claws now has an online service to get dog licenses where one can also submit if your dog has had its rabies shot. Councilmember Rizzi announced she went online to the city website to see what programs the parks and recreation department has for the summer and found they had numerous programs for adults, teenagers and kids in the community. They also have a real easy online registration and pay plans . REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 3 OF 15 Councilmember Wilson commented the Pinal County Peace Officer Memorial was very well attended, including our chief and other members of the community. It was a very moving ceremony. Councilmember Evans commented she was recently dropping off donations at the Kit and Kaboodle, a free donation center run by Mountain Health and Wellness . Everything is free with five items per family member. Items can be dropped off at Mountain Health and Wellness or 150 N. Ocotillo. Mayor Insalaco announced a member of Apache Junction Boy Scouts Troop #39 was in attendance to earn his communication badge. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the marketing and communication division newly represented by Public Information and Marketing Communication Specialists Matt McNulty and Constance Halonen-Wilson and briefed the council on their accomplishments . PUBLIC HEARINGS RESOLUTION NO. 14-30, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT ) ) Program Coordinator Heather Patel briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion. There being no further discussion, he closed the item and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2014 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 4 OF 15 FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG APPLICATION (S) , BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1403, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, HEALTH AND SANITATION, ARTICLE 9-4, PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) , ALLOWING RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1403 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 5 OF 15 Councilmember Waldron MOVED THAT ORDINANCE NO. 1403, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-27, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "'APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES/ ORDINANCE NO. 1399, AMENDING APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES ) Development Services Director Brad Steinke briefed the council on the item. He then introduced Meredith from Tischler-Bise to give a brief presentation on the development fees . 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 discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "'APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES", ESTABLISHING AN EFFECTIVE REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 6 OF 15 DATE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY; BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Serdy commented one of the reasons he ran for council seven years ago was because he thought the fees got raised too high too quickly. He thought that it hurt. He is pleased to see this proposal to bring them down. He thinks it is going to help. Councilmember Waldron MOVED THAT ORDINANCE NO. 1399 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1399, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Barker thanked the team that worked on this and their incredible patience with some REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 7 OF 15 of the council' s questions . Coming from a non-mathematical or finance background, they were incredibly patient with them, walking them through how it was done, calculated and why it should make sense. She appreciated it very much. Councilmember Wilson commented he has received a couple of phone calls . On August 4, he expects to see some people knocking on their door. OLD BUSINESS None . NEW BUSINESS None . DIRECTION TO STAFF CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, TO ESTABLISH UNIFORM LANGUAGE TO ALLOW THE CITY MANAGER TO HAVE SOLE DISCRETION IN REMOVING DEPARTMENT HEADS WITHOUT CITY COUNCIL RATIFICATION ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented he believes they should make them all the same as the police chief. He does not believe that part is their job; it is the city manager' s job. He called for any discussion. There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVE TO STAFF REGARDING CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, TO ESTABLISH UNIFORM LANGUAGE TO ALLOW THE CITY MANAGER TO HAVE SOLE DISCRETION IN REMOVING DEPARTMENT HEADS WITHOUT CITY COUNCIL RATIFICATION: THAT INCLUDES ALL. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 8 OF 15 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, ARTICLE 3-1 CITY MANAGER, SECTION 3-1-8 POWERS AND DUTIES ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for any discussion. Councilmember Waldron commented he would like to see the word "may" inserted based on two schools of thought. First, some managers will tell you do that which is not illegal but leave the door open. Some say do only that which is legal . By striking the word "shall" and putting in the word "may" you cover both of those bases . The city manager, at his discretion, can or cannot make a recommendation. Many managers tend to be on the human side and they can feel passionate about something as well . They may well want to make a recommendation as they feel best for the city. Vice Mayor Barker asked if the city manager can still make a recommendation if they remove the sentence . They do not have that sentence for any other staff member and yet they have recommendations on almost every ordinance we have from public works, parks and recreation, or from anybody. There is nothing in the code that says they can or cannot, may, shall, or anything else. She asked why it was not equally inferred. Councilmember Waldron commented his thought is if it is such that you do only what is legal, they would not have the option to do that. It removes that doubt. The city manager is in the position where they may need to make a recommendation that is best for the city, even to REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 9 OF 15 the point of talking to council members about it. If it is something they are passionate about or they see some facts that need to be passed along they would then have that option. Without having someone say the ordinance does not say you can do that, you cannot do that. They would just eliminate that doubt. Vice Mayor Barker asked if there is doubt without something being specifically in there and does it also extend itself to all departments and all directors . City Attorney Joel Stern stated it is an interpretation issue. If one strictly reads this under Subsection 3-1-8 (E) , the city manager shall present definite recommendations relative to each item on the agenda for approval, rejection or modification by the council . The reading says the city manager shall do it. So that means every single item. That is antiquated language. He thinks implicit in the city manager' s duties are to speak up when he needs to speak up to protect the city or to further the city' s interests . Taking it out will not hurt. If most city attorneys read this they would say it is probably antiquated language and he thinks it would interfere with the efficiency of government to have a memo or a statement on every single item. He does not think it is too enforceable. They can take it out; he does not think it will hurt. In Homebuilders Association versus Apache Junction where the court said for development fees, if it does not say you can charge for certain development fees you cannot charge for certain ones . That was an extreme case. This case is different. He does not think it is practical to have the city manager' s advice on every single issue, but taking it out does not hurt. Councilmember Rizzi commented in her opinion it does not seem necessary to give him permission to do that. By removing it, it seems to her that he can or he does not have to. By removing it he has the ability to or not to without the council having to give him the direction to do SO. City Attorney Joel Stern stated he thinks it is implicit in the code that the city manager has that authority already and the "shall" part was just overlooked. It can be a "may" or they can just take out the REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 10 OF 15 sentence entirely. There might be a job description that also identifies the city manager' s duties that supplement what he is trying to say. Assistant City Manager Bryant Powell asked if the city manager can make a recommendation if it is not in there . City Attorney Joel Stern stated he can. Vice Mayor Barker commented certainly. Assistant City Manager Bryant Powell stated he can live with either one . He thinks it will be fine and he understands both perspectives . They just want to make sure the city manager could be able to make recommendations . Vice Mayor Barker commented it seems to her that is part of the job description rather than part of an ordinance or a code. If it is something they want the city manager to do they can put it in the job description, that he will do x, y and z . Or he may do x, y and z . It seems superfluous here. Councilmember Rizzi commented it seems awkward. City Attorney Joel Stern stated he thinks the sewer district is going through the district manager' s job duties and they are being very detailed on what they want, but that depends on the board. In that case, they are being very detailed. He attended a meeting this week on it. He asked if they would say the city manager violated his duty to the city if they leave it in and the manager does not do one of the recommendations on an item. He does not think so. It is more of a performance issue. Mayor Insalaco commented he likes leaving it in and just changing it to may. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 11 OF 15 Councilmember Rizzi commented she was more comfortable with just removing it. Mayor Insalaco called for any further discussion. There being no further discussion, he called for a motion. Vice Mayor Barker commented she would like to try and see if it floats . If not, she will go back the other way. She MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, ARTICLE 3-1 CITY MANAGER, SECTION 3-1-8 POWERS AND DUTIES : REMOVE SECTION D AND THE LAST LINE OF SECTION E. Councilmember Rizzi SECONDED THE MOTION. VOTE: 5-2 (Mayor Insalaco and Councilmember Waldron voted in opposition) . Councilmember Wilson commented during the vote that he had to flip a coin. He could understand the aspect of leaving it just as "may" but he will go ahead and vote yes . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 2, 2014, 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, JUNE 3, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 12 OF 15 CALL TO THE PUBLIC: Mr. Chris Coyle, Republic Services, 4050 S . Tomahawk, Apache Junction, gave an update on free dump week that occurred last week and thanked the city for the opportunity for his company to sponsor the fireworks again this year. Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding his concerns with the medical marijuana kitchen and cultivation center. Mr. Monte Moorre, 3700 S . Tomahawk #41, Apache Junction, addressed the council regarding his concerns with the medical marijuana kitchen and cultivation center and his interaction with the police department recently and their professional behavior. Councilmember Rizzi commented one of the things that makes it difficult and the public does not understand is the city is bound, along with planning and zoning, by state law on certain things . It makes it real difficult when we have these things come here. Councilmember Serdy commented this is a perfect example of why he would like to see Call to the Public televised again. There has been a lot of good information from the free dump week and this discussion here and then the answers . He would like to consider bringing that back again. Mayor Insalaco commented he got many calls today by some people upset with the medical marijuana facility. He told them it goes to planning and zoning first and then it comes to the council . He has a problem with people coming from out of the city, who live outside our city, wanting to put something in our city. He asked why they do not try to put something in the neighborhoods where they live. It is a problem he has had with the whole situation. They will have 100 plus homes right across the street, directly across the street from this . He thinks it is wrong, but that is only his opinion. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 04 p.m. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 13 OF 15 Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Special Meeting of May 5, 2014 . 3 . Approval of Minutes of Regular Meeting of May 6, 2014 . 4 . Consideration of approval of award of two-year contracts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of $1, 725 . 00 for each attorney. 5 . Consideration of proposed contract with Public Sector Personnel Consultants for the City of Apache Junction Fiscal Year 14-15 Classification and Compensation Study in an amount not to exceed $57, 000 . 00 . 6 . Consideration of approval of Resolution No . 14-29, authorizing the submission of a grant for the Apache Junction Police Department' s cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015 . 7 . Consideration of approval of Resolution No . 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015 . ACCEPTED THIS 3RD DAY OF JUNE, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF JUNE, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 14 OF 15 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 20th day of May, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of May, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 15 OF 15 CITY COUNCIL REGULAR MEETING MAY 20, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 20, 2014, 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 : 04 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 1 OF 15 Others Present: Program Resource Manager Roger Hacker Program Coordinator Heather Patel Public Information and Marketing Communications Specialist Constance Halonen-Wilson Public Information and Marketing Communications Specialist Matt McNulty City Magistrate Jim Hazel ACCEPTANCE OF CONSENT AGENDA ) y Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR TWO--YEAR CONTRACTS BETWEEN THE CITY OF APACHE JUNCTION AND WILLIAM PEARLMAN AND CARRIE CANIZALIS FOR INDIGENT DEFENSE SERVICES WITH A BASE MONTHLY PAYMENT OF $1, 725 FOR EACH ATTORNEY FOR A TERM BEGINNING JULY 1, 2014 AND EXPIRING JUNE 30, 2016; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND PUBLIC SECTOR PERSONNEL CONSULTANTS FOR THE CITY OF APACHE JUNCTION FISCAL YEAR 14/15 CLASSIFICATION AND COMPENSATION STUDY IN AN AMOUNT NOT TO EXCEED $57, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 14-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 14-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 2 OF 15 AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 18-24 , 2014 as National Public Works Week and presented the proclamation to Public Works Director Giao Pham. Program Resource Manager Roger Hacker announced the Lost Dutchman Kennel Club donated funds to purchase a bite suit training suit for the city' s canine officer. He introduced Robert Churchee, the vice president, who gave an update on the club' s activities . Public Safety Director Tom Kelly gave a brief presentation on the events leading up to the donation. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced she and her family attended the annual Pinal County Peace Officer Memorial Ceremony in Florence on May 8 , along with Councilmembers Wilson and Waldron. Councilmember Rizzi announced she attended the annual Mothers' Day Tea on May 10 at the senior center with her mother and granddaughter . They served a four course brunch with lots of homemade desserts . They had lots of activities and raffles . She commented the senior center has a lot of activities to offer. Councilmember Rizzi announced she attended D.A.R.E . graduations this week along with the mayor and vice mayor. Each year all of the students are required to write an essay and she was impressed with the two winners . She thanked her fellow councilmembers for continuing this program when so many other communities have cut it . She thanked the police department for dedicating Officer Harshman to the program. Councilmember Rizzi announced Paws and Claws now has an online service to get dog licenses where one can also submit if your dog has had its rabies shot. Councilmember Rizzi announced she went online to the city website to see what programs the parks and recreation department has for the summer and found they had numerous programs for adults, teenagers and kids in the community. They also have a real easy online registration and pay plans . REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 3 OF 15 Councilmember Wilson commented the Pinal County Peace Officer Memorial was very well attended, including our chief and other members of the community. It was a very moving ceremony. Councilmember Evans commented she was recently dropping off donations at the Kit and Kaboodle, a free donation center run by Mountain Health and Wellness . Everything is free with five items per family member. Items can be dropped off at Mountain Health and Wellness or 150 N. Ocotillo. Mayor Insalaco announced a member of Apache Junction Boy Scouts Troop #39 was in attendance to earn his communication badge. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the marketing and communication division newly represented by Public Information and Marketing Communication Specialists Matt McNulty and Constance Halonen-Wilson and briefed the council on their accomplishments . PUBLIC HEARINGS RESOLUTION NO. 14-30, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT ) ) Program Coordinator Heather Patel briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion. There being no further discussion, he closed the item and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2014 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FUNDS, AND CERTIFYING THAT THE APPLICATION (s) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 4 OF 15 FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG APPLICATION (S) , BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1403, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, HEALTH AND SANITATION, ARTICLE 9-4, PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) , ALLOWING RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS ) } Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO . 1403 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried . City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 5 OF 15 Councilmember Waldron MOVED THAT ORDINANCE NO. 1403, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-27, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES/ ORDINANCE NO. 1399, AMENDING APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES ) ) Development Services Director Brad Steinke briefed the council on the item. He then introduced Meredith from Tischler-Rise to give a brief presentation on the development fees . 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 discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES", ESTABLISHING AN EFFECTIVE REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 6 OF 15 DATE; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY; BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. Councilmember Serdy commented one of the reasons he ran for council seven years ago was because he thought the fees got raised too high too quickly. He thought that it hurt . He is pleased to see this proposal to bring them down. He thinks it is going to help. Councilmember Waldron MOVED THAT ORDINANCE NO. 1399 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1399, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Barker thanked the team that worked on this and their incredible patience with some REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 7 OF 15 of the council' s questions . Coming from a non-mathematical or finance background, they were incredibly patient with them, walking them through how it was done, calculated and why it should make sense. She appreciated it very much. Councilmember Wilson commented he has received a couple of phone calls. On August 4, he expects to see some people knocking on their door. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, TO ESTABLISH UNIFORM LANGUAGE TO ALLOW THE CITY MANAGER TO HAVE SOLE DISCRETION IN REMOVING DEPARTMENT HEADS WITHOUT CITY COUNCIL RATIFICATION ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented he believes they should make them all the same as the police chief. He does not believe that part is their job; it is the city manager' s job. He called for any discussion. There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVE TO STAFF REGARDING CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, TO ESTABLISH UNIFORM LANGUAGE TO ALLOW THE CITY MANAGER TO HAVE SOLE DISCRETION IN REMOVING DEPARTMENT HEADS WITHOUT CITY COUNCIL RATIFICATION : THAT INCLUDES ALL. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 8 OF 15 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous. The motion carried. CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, ARTICLE 3-1 CITY MANAGER, SECTION 3-1-8 POWERS AND DUTIES ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for any discussion. Councilmember Waldron commented he would like to see the word "may" inserted based on two schools of thought. First, some managers will tell you do that which is not illegal but leave the door open. Some say do only that which is legal. By striking the word "shall" and putting in the word "may" you cover both of those bases. The city manager, at his discretion, can or cannot make a recommendation. Many managers tend to be on the human side and they can feel passionate about something as well . They may well want to make a recommendation as they feel best for the city. Vice Mayor Barker asked if the city manager can still make a recommendation if they remove the sentence . They do not have that sentence for any other staff member and yet they have recommendations on almost every ordinance we have from public works, parks and recreation, or from anybody. There is nothing in the code that says they can or cannot, may, shall, or anything else . She asked why it was not equally inferred. Councilmember Waldron commented his thought is if it is such that you do only what is legal, they would not have the option to do that. It removes that doubt. The city manager is in the position where they may need to make a recommendation that is best for the city, even to REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 9 OF 15 the point of talking to council members about it . If it is something they are passionate about or they see some facts that need to be passed along they would then have that option. Without having someone say the ordinance does not say you can do that, you cannot do that. They would just eliminate that doubt . Vice Mayor Barker asked if there is doubt without something being specifically in there and does it also extend itself to all departments and all directors. City Attorney Joel Stern stated it is an interpretation issue. If one strictly reads this under Subsection 3-1-8 (E) , the city manager shall present definite recommendations relative to each item on the agenda for approval, rejection or modification by the council. The reading says the city manager shall do it. So that means every single item. That is antiquated language. He thinks implicit in the city manager' s duties are to speak up when he needs to speak up to protect the city or to further the city' s interests . Taking it out will not hurt. If most city attorneys read this they would say it is probably antiquated language and he thinks it would interfere with the efficiency of government to have a memo or a statement on every single item. He does not think it is too enforceable. They can take it out; he does not think it will hurt. In Homebuilders Association versus Apache Junction where the court said for development fees, if it does not say you can charge for certain development fees you cannot charge for certain ones . That was an extreme case. This case is different . He does not think it is practical to have the city manager' s advice on every single issue, but taking it out does not hurt , Councilmember Rizzi commented in her opinion it does not seem necessary to give him permission to do that. By removing it, it seems to her that he can or he does not have to. By removing it he has the ability to or not to without the council having to give him the direction to do 30. City Attorney Joel Stern stated he thinks it is implicit in the code that the city manager has that authority already and the "shall" part was just overlooked. It can be a "may" or they can just take out the REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 10 OF 15 sentence entirely. There might be a job description that also identifies the city manager' s duties that supplement what he is trying to say. Assistant City Manager Bryant Powell asked if the city manager can make a recommendation if it is not in there. City Attorney Joel Stern stated he can. Vice Mayor Barker commented certainly. Assistant City Manager Bryant Powell stated he can live with either one. He thinks it will be fine and he understands both perspectives . They just want to make sure the city manager could be able to make recommendations . Vice Mayor Barker commented it seems to her that is part of the job description rather than part of an ordinance or a code . If it is something they want the city manager to do they can put it in the job description, that he will do x, y and z. Or he may do x, y and z . It seems superfluous here. Councilmember Rizzi commented it seems awkward. City Attorney Joel Stern stated he thinks the sewer district is going through the district manager' s job duties and they are being very detailed on what they want, but that depends on the board. In that case, they are being very detailed. He attended a meeting this week on it. He asked if they would say the city manager violated his duty to the city if they leave it in and the manager does not do one of the recommendations on an item. He does not think so. It is more of a performance issue. Mayor Insalaco commented he likes leaving it in and just changing it to may . REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 11 OF 15 Councilmember Rizzi commented she was more comfortable with just removing it . Mayor Insalaco called for any further discussion. There being no further discussion, he called for a motion. Vice Mayor Barker commented she would like to try and see if it floats. If not, she will go back the other way. She MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, ARTICLE 3-1 CITY MANAGER, SECTION 3-1-8 POWERS AND DUTIES: REMOVE SECTION D AND THE LAST LINE OF SECTION E. Councilmember Rizzi SECONDED T�iE MOTION. VOTE: 5-2 (Mayor Insalaco and Councilmember Waldron voted in opposition) . Councilmember Wilson commented during the vote that he had to flip a coin. He could understand the aspect of leaving it just as "may" but he will go ahead and vote yes. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7: 00 P.M. BE HELD ON MONDAY, JUNE 2, 2014 , 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, DUNE 3, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 12 OF 15 CALL TO THE PUBLIC: Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction, gave an update on free dump week that occurred last week and thanked the city for the opportunity for his company to sponsor the fireworks again this year. Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding his concerns with the medical marijuana kitchen and cultivation center. Mr. Monte Moorre, 3700 S. Tomahawk #41, Apache Junction, addressed the council regarding his concerns with the medical marijuana kitchen and cultivation center and his interaction with the police department recently and their professional behavior . Councilmember Rizzi commented one of the things that makes it difficult and the public does not understand is the city is bound, along with planning and zoning, by state law on certain things. It makes it real difficult when we have these things come here. Councilmember Serdy commented this is a perfect example of why he would like to see Call to the Public televised again, There has been a lot of good information from the free dump week and this discussion here and then the answers. He would like to consider bringing that back again. Mayor Insalaco commented he got many calls today by some people upset with the medical marijuana facility. He told them it goes to planning and zoning first and then it comes to the council . He has a problem with people coming from out of the city, who live outside our city, wanting to put something in our city. He asked why they do not try to put something in the neighborhoods where they live. It is a problem he has had with the whole situation. They will have 100 plus homes right across the street, directly across the street from this . He thinks it is wrong, but that is only his opinion. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 04 p.m. REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 13 OF 15 Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2. Approval of Minutes of Special Meeting of May 5, 2014 . 3. Approval of Minutes of Regular Meeting of May 6, 2014 . 4 . Consideration of approval of award of two-year contracts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of $1, 725. 00 for each attorney. S . Consideration of proposed contract with Public Sector Personnel Consultants for the City of Apache Junction Fiscal Year 14-15 Classification and Compensation Study in an amount not to exceed $57, 000. 00 . 6. Consideration of approval of Resolution No. 14-29, authorizing the submission of a grant for the Apache Junction Police Department' s cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. 7 . Consideration of approval of Resolution No. 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015 . ACCEPTED THIS 3RD DAY OF JUNE, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF JUNE, 2014 . f ' j0_HN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEELI_NG OF THE CITY COUNCIL MAY 20, 2014 PAGE 14 OF 15 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 20th day of May, 2014 . 1 further certify that the meeting was duly called and held and that a quorum was present . Dated this 22nd day of May, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 20, 2014 PAGE 15 OF 15 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'Piz oN* File ID: 14-270 Sponsor: Christa Rizzi Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of 2008-2012. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-54 Sponsor: Bryant Powell Agenda Date: 6/3/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. '+'Piz File ID: 14-271 Sponsor: Kathy Connelly Agenda Date: 6/3/2014 Index: In Control: City Council Meeting An application for sampling privileges to active beer and wine store, series 10 license for AJ's Mini Mart located at 3940 S. Ironwood Drive in Apache Junction. 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. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 MAY 21, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JANET R. MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR JUNE 3, 2014: APPLICATION FOR SAMPLING PRIVILEGES FOR ASS MINI MART An application for sampling privileges to active beer and wine store, series 10 license has been submitted by Mr. Randy D. Nations for AJ's Mini Mart located at 3940 S. Ironwood Drive in Apache Junction. Correspondence has been received from the building division, fire district and planning division, a copy of which is attached. We have not received a recommendation from the police department at this time. It will be forwarded upon receipt. 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. State of Arizona Department;dftiquor Licenses and Control 800 W..Was hington-5�- Floor. Phoenix;Arizona;85007 w State/Local Goverrfnidht'Routing Sheet -.- Add Sampling Privileges Td..Active Liquor Store (series 9) or Beerra:rcl'IAI!ine Store (series 10) License r~ ❑ Liquor Store(series 9) Y ® Beer and Wine Store (series 10) The attached form for sampling must be processed within105 days from this date: Date Application Received at DLLC: (`�- 1 IN4 �014 I Date of 60-days from receipt I ?-014 105-days from receipt: If the local governing body has questions regarding the attached sampling form, please call: DLLC Contact Name: AFLi Ct A ASP�tR-Z� TtAWirt.G-SpafzQ DLLC Contact Phone Number: Uba-3(A^ NA DLLC Contact email: (nblazliquor.gov Upon local governing body approval, a new license with a sampling privilege("S") designation will be issued to this licensee: For DLLC Use Only Current License #: 1011 31W Date of issuance: 4 cl cPo S License #: ' Date of issuance: / J DLLC Contact: �MRIuu DLLC Phone #: For Local Governing Body Use Only Date Receive: J J _ Date Approved: J Recommendation: ❑ Approve ❑ Protest ❑ No Recommendation I , hereby recommend that non-transferrable sampling Government Official privileges be added to this licensee on behalf of City,Town or County , Phone Number Email Address February 2013 State of Arizona Department of Liquor Licenses and Control 8.00 W. Washington 5u' Floor Phoenix,Arizona 85007 (602) 542-5141 ❑ Liquor Store (series 9) 8 Beer and Wine Store (series 10) Sampling Privileges Form Applicant's Name: Randy D. Nations (check one) Owner ❑ Agent S Mailing Address: PO BOX 2502 Chandler AZ Maricopa 85244 Street Address or P.O.Box City State County Zip Code Business Phone Number: _ 4� 80 )288-0393 Email: Miranda@azlic.COm AA Mini Mart 10113166 `= Business Name: Current License#: -• Physical Location of Business: 3940 S. Ironwood Dr. Apache Junction AZ Pinal 85220 ,- Street Address City State County Zip Cade l Randy D. Nations , understand that, upon approval, sampling privileges for the liquor license identified above will require compliance with the following: Lu Initial Here QQ 1. the premises shall contain at least five thousand square feet to be eligible for sampling privileges for Beer and Wine Store(series 10)applicants only(A.R.S. §4-206.01(J)). 2. Any open product shall be kept locked by the licensee when the sampling area is not staffed. 3. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling. t/ 4. The licensed retailer shall make sales of sampled products from the licensed retail premises. Z**<5. The licensee shall not charge any customer for the sampling of any products. 6. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer,wholesaler or retail licensee. 7. Accurate records of sampling products dispensed shall be retained by the licensee. �[ 8. Sampling shall be limited to three ounces of beer or cooler-type products, one and one-half ounce of wine and ellone ounce of distilled spirits per person, per brand, per day. 9. The sampling shall be conducted only on the licensed premises. .10. Upon approval of this form, a license for a liquor store with sampling privileges(series 9S)or a beer and wine store with sampling privileges(series 10S)will be issued and mailed to the licensee's address of record. The license must be displayed in a conspicuous public area of the licensed premises that is readily accessible for inspection by any peace officer, distributor,wholesaler or member of the public. (A.R.S. §4-261.01) 10/23/13 1 11. Liquor store license sampling privileges are not transferable. 12. 1 have read, understand, and assume responsibility for compliance with A.R.S. §4-206.01. A.R.S. §4-206.01(J) Bar, beer and wine bar or liquor store licenses; number permitted; fee; sampling privileges 1.Any open product shall be kept locked by the licensee when the sampling area is not staffed. 2.The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling. 3.The licensed retailer shall make sales of sampled products from the licensed retail premises. 4.The licensee shall not charge any customer for the sampling of any products. 5. The sampling shall be conducted under the supervision of an employee,of a sponsoring distiller,vintner, brewer,wholesaler or retail licensee. 6.Accurate records of sampling products dispensed shall be retained by the licensee. 7. Sampling shall be limited to three ounces of beer or cooler-type products, one and one-half ounces of wine and one ounce of distilled spirits per person, per brand,per day. 8. The sampling shall be conducted only on the licensed premises. Randy D. Nations attest that I am the OWNER/AGENT filing this form,that I have read, and assume responsibility for compliance with,A.R.S. §4-206.01 at the licensed establishment named on page 1, and verify all statements I have made on this document to be true, correct and complete. I understand that I am responsible for the$100 issuance fee and the annual$60 renewal fee for these sampling privileges. Sampling privilege renewal fees are due at same time as the renewal for the"current license#" identified on page 1 of this applicatiorf Agent 0501�14 ig re, Title Date / rw Notarized Signature n The forgoing instrument was acknowledged before me this of day month year • u7 Notary Public: IE-"X, 1 ' Signature _ ` ,r MIRANDA BUST,11,44TE 1 ` Not.ry put. Ahzo :cco- tyra l l _��� \�I'TnJ , Maricop3 ui My commission expires: . da month year Corimisr•s-:Expirer. r, Y y d-m,r � For DLLC Use Only S License #: 3l �P Date of issuance: J Issuance fee applicable? EYes ❑ No ® $100 issuance fee collected Initials: &) 2 F PP CN 4F Z Home of the Superstition Mountains q O� NOTICE The attached application for Sampling Privileges to Active Beer and Wine Store, Series 10 License submitted for AJ's Mini Mart located at 3940 S. Ironwood Drive, Apache Junction, Arizona, was posted on the 7th day of May, 2014, at 3:00 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, June 3, 2014, at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard. Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480) 982-8002 •FAX(480) 982-7018 •TDD(480)983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 T"€z �,. Home of the Superstition Mountains May 7, 2014 Randy D. Nations AJ's Mini Mart P.O. Box 2502 Chandler, AZ 85244 Dear Mr. Nations: Please be advised that the application to add sampling privileges to Active Beer and Wine Store (series 10) License submitted for AJ's Mini Market, located at 3940 S. Ironwood, Apache Junction, Arizona, was posted on May 7, 2014, in accordance with State law. The Apache Junction City Council will hold a public hearing on June 3, 2014, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, May 21, 2014, in order for this application to be placed on the City Council agenda. If you have any questions concerning this matter, please contact my office at 474-5068. Since ly, Kathleen Connelly City Clerk 1 •Voice (480)982-8002 •FAX(480)982-7018 •TDD(480)983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 MAY 7, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION BUILDING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK r� FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE LICENSE (series 10) Mr. Randy D. Nations has submitted an application for sampling privileges to active beer and wine store license (series 10) for AJ's Mini Mart located at 3940 S. Ironwood Drive, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, May 20, 2014, in order for this to be heard at the city council meeting of June 3, 2014. Suzanne Heninger From: Dennis Dixon Sent: Tuesday, May 20, 2014 11:18 AM To: Suzanne Heninger Subject: RE:AJ's Mini Mart Liquor license addition No objections. From: Suzanne Heninger Sent: Monday, May 19, 2014 2:32 PM To: Rudy Esquivias; Jeff Robinson; Dennis Dixon Cc: Janet Mason Subject: FW: AJ's Mini Mart Liquor license addition This is just a reminder that your recommendations are due by tomorrow. From:Suzanne Heninger Sent: Wednesday, May 07, 2014 3:42 PM To: Rudy Esquivias;Jeff Robinson; Dennis Dixon; 'john.suniga@ajfire.org' Cc:Janet Mason Subject:AJ's Mini Mart Liquor license addition Mr. Randy D. Nations has submitted an application to add sampling privileges to AJ's Mini Mart's active beer and wine store, series 10, liquor license located at 3940 S. Ironwood Drive. Please conduct the necessary inspections and submit your recommendations by Tuesday, May 20, 2014, in order for this to be heard at the city council meeting on June 3, 2014. 1 Janet Mason From: Rudy Esquivias Sent: Tuesday, May 20, 2014 10:23 AM To: Suzanne Heninger;Jeff Robinson; Dennis Dixon; 'john.suniga@ajfire.org' Cc: Janet Mason; Brad Steinke Subject: RE: AJ's Mini Mart Liquor license addition Suzanne: The Planning Division has no objections to this request as long as the applicants conduct the sampling privilege in strict accordance with State law. C&d E6yuivla-4 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Suzanne Heninger Sent: Wednesday, May 07, 2014 3:42 PM To: Rudy Esquivias; Jeff Robinson; Dennis Dixon; 'john.suniga@ajfire.org' Cc, Janet Mason Subject: AJ's Mini Mart Liquor license addition Mr. Randy D. Nations has submitted an application to add sampling privileges to AJ's Mini Mart's active beer and wine store, series 10, liquor license located at 3940 S. Ironwood Drive. Please conduct the necessary inspections and submit your recommendations by Tuesday, May 20, 2014, in order for this to be heard at the city council meeting on June 3, 2014. 1 Superstition Fire & Medical District 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Suzanne Heninger City of Apache Junction 300 E. Superstition Blvd. Apache Jct., AZ. 85119 FROM: John Suniga, Deputy Fire DATE: May 13, 2014 SUBJECT: Application for Liquor Sampling Privileges for 3940 S. Ironwood, A.J Mini Mart The Superstition Fire & Medical District has reviewed the application as noted above regarding the facilities at 3940 S.Ironwood.(A.J Mini Mart). 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. JOS ATTN: Application ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 • Agenda Item No.6. �Piz File ID: 14-278 Sponsor: Roger Hacker Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Council direction to staff regarding proposed guidelines for city's corporate partnership program and proposed advertising on city vehicles. Direction to staff. City of Apache Junction,Arizona Page 1 Printed on 611512026 �P4 ACFIE�G O � � O U : Z City of Apache Junction 'IRIZONP Development Services Department MEMORANDUM DATE: May 21 , 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: Direction To Staff Regarding The City's Corporate Partnership Program REQUEST Staff respectfully requests that the city council give direction to staff regarding: 1) Implementation of the proposed guidelines for the city's Corporate Partnership Program ("Program"); and 2) Further actions to be taken regarding the proposed advertising on city vehicles. BACKGROUND Proposed Guidelines 2007: City contracts with IEG Advisory ServicesTM to conduct an assessment of the city's potential for initiating a corporate partnership program. IEG indicates that it is important to have a discussion with policy makers to identify those types of industries that are acceptable for the partnership program. IEG suggests that it will be easier to identify those types of industries that would not be appropriate to be included in the program and suggests that the city have a discussion with the city council regarding a set of guidelines. 2013: City manager directs staff to meet and develop a set of guidelines for presentation to the council. After reviewing examples of such guidelines, staff develops a set of proposed guidelines. 2014: Staff presents proposed guidelines to council during its April 14, May 19, and June 2 work sessions. Council offers additions and deletions. Vehicular Advertising 2013: Staff is asked by a potential corporate partner if the city would accept advertising on city vehicles. At the direction of the city manager, staff polls the city councilmembers to assess their support for this potential new source of revenue. Staff distributes the information to councilmembers. 2014: During the April 14t" work session, staff reviews council's comments and presents information about outdoor advertising companies that potentially work with public entities on vehicular advertising. During the May 19t" work session, council receives a report from Mr. Chad Dragos, Chief Executive Officer of Public Safety Advertising. During the June 2nd work session, council reviews its comments from previous work sessions and discusses the question "Is vehicular advertising the best approach for our community?" DISCUSSION Proposed Guidelines See Attachment One for a copy of the proposed guidelines. Suggested deletions are in bold text with a strike through. Suggested additions are in bold, italicized text. The attached guidelines represent council's thinking on the matter as of May 19, 2014. Vehicular Advertising During the April 14t" and May 19t" work sessions, council received reports regarding vehicular advertising. See Attachment Two for a summary of council's comments and concerns. During the June 2nd work session, council reviewed its comments/concerns and discussed the critical question, "Is vehicular advertising the best approach for our community?" RECOMMENDATION Staff respectfully requests that the city council give direction regarding: 1) Implementation of the proposed guidelines for the city's Corporate Partnership Program ("Program"); and 2) Further actions to be taken regarding the proposed advertising on city vehicles. ACTION REQUIRED Direction to staff. Attachment One: Corporate Partnership Program: Proposed Guidelines Attachment Two: Vehicular Advertising: Council's Comments/Concerns Page 2 Attachment One Corporate Partnership Program: Proposed Guidelines (Amended by City Council April 14, 2014; May 19, 2014) Staff recommends that the following categories of products be excluded from the city's Corporate Partnership Program ("Program"): • Alcoholic beverages when the targeted beneficiaries of the partnership are youth under the State's legal drinking age. • Tobacco products. • Sexually oriented Adult-themed magazines, materials and/or restaurants businesses or activities. • Guns or other weapons (including brands and distributors). • Political candidates and campaigns. Based upon advice provided by the city attorney, it should also be noted that: • The city reserves the right to decline a business partnership in its own discretion to preserve the health, safety and welfare of its residents. However, city will not discriminate based on race, age, gender, national origin, color, religion, familial status, or physical disability. • The city does have the right to decline a business partnership as long as the decision is related to an important government purpose, such as the protection and preservation of the public's health safety and welfare. Page 1 of 1 Attachment Two Comments/Concerns from April 14t" and May 19t" Work Sessions • Advertising is not appropriate for law enforcement vehicles. • Perhaps we could start small with a pilot program and then evaluate. • Does advertising mean that the city endorses a product or a company? • Could advertisement contain a disclaimer of some sort? • If advertising is expanded to include city properties, will we run into issues with our leased Bureau of Land Management properties? • Will advertising make for unhappy constituents? • Will advertising go to the company with the "deepest pockets"? • How can the process be made fair for all interested companies? • Will this be an opportunity for local companies to tap into corporate dollars for cooperative advertising efforts? E.G. FDT florists, hardware stores. • Multiple ads on a vehicle? • Community education will be critical! Residents and guests must know exactly what advertising does and doesn't mean in terms of the city's involvement. • Does the city have the right to decline advertising from a specific industry or product? • How will liquor advertising be handled? • Signs or total wraps? • What is the procurement process if we decide to select Public Safety Advertising ("PSA")? • Could PSA provide other services for our partnership program? Page 1 of 1 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-72 Sponsor: Bryant Powell Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 16, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 14-73 Sponsor: Bryant Powell Agenda Date: 6/3/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, June 17, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026