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HomeMy WebLinkAbout2014-05-20 City Council Regular MinutesCITY 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 RAGE 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. HN S. INSALACO ayor ATTEST: KATHLEEN CONNELLY 6/ 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