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HomeMy WebLinkAbout2014-12-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 2, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 2, 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 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron 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 Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 1 OF 20 Others Present:Senior Planner Rudy Esquivias Principal Economic Development Specialist Janine Solley Public Information and Marketing Communications Specialist Constance Halonen-Wilson Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LEGAL ADVERTISING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZIONA REPUBLIC FOR THE ONE YEAR PERIOD COMMENCING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015, FOR THE RATES OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC AND 80 CENTS PER LINE PER DAY FOR THE ARIZONA REPUBLIC; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMSSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 3, 2014, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2014-2015 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $32,000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH IN THE AMOUNT OF $20,000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $18,000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30,000; FOR A TOTAL AMOUNT OF $100,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 2 OF 20 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for their assistance at the Little Buckaroos event on November 22.They had over 72 kids show up, the largest they have had. He thanked the sponsors. Councilmember Wilson announced the Holiday Light Parade will be held at night on Saturday, December 5, with a winter walk-a- thon, different vendors and merchants, and snow available for the kids to play in during the day. Councilmember Rizzi announced the police department is hosting a crime -free multi -housing training event on December 10 at the parks and recreation conference room from 9 a.m. to 4:30 p.m. Councilmember Evans thanked everyone for participating at the Santa Paws and Claws last Saturday.She thanked the volunteers who assisted at the event. Councilmember Evans announced this Saturday they will have the second farmers' market and bazaar at Earth Heart Park in the morning. Councilmember Evans announced the Kit and Kaboodle free donation center for the residents is in desperate need for men's clothing, blankets, young boys' clothing, sleeping bags, towels and men's underwear.She provided the drop points. Councilmember Waldron announced he, Bryant, Matt and the mayor toured the Antinov-124, a privately -owned Russian cargo plane. They had unfettered access to it.Gateway is the only airport in Arizona where they can land and offload their cargo. Mayor Insalaco commented the interpreter stated the most expensive part of the plane was the deck which is 4 inches thick of titanium. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 3 OF 20 Assistant City Manager Bryant Powell thanked Chrystal Sawyer from parks and recreation for coordinating Little Buckaroos, the Paws and Claws staff for the Santa weekend, and he welcomed Larry Johnson from the chamber for an update on the Festival of the Superstitions. Apache Junction Chamber of Commerce Executive Director Larry Johnson gave a brief presentation on the Festival of the Superstitions event. PUBLIC HEARINGS ACQUISITION OF CONTROL OF THE LIQUOR LICENSE FOR FOOD CITY #115 ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.There was no applicant in attendance.He opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN ACQUISITION OF CONTROL FOR THE LIQUOR LICENSE FOR FOOD CITY #115, SUBMITTED BY MICHAEL JOSEPH BASHA, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO. 1410, CASE PZ-5-14, FOR APPROVAL OF A REZONING OF A 0.67 ACRE PROPERTY LOCATED AT 1407 S. MERIDIAN )Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 4 OF 20 Mayor Insalaco requested the applicant address the council. Mr. Hector Martinez, 1407 S. Meridian, Apache Junction, addressed the council. Mayor Insalaco commented he plans on making it nicer. Mr. Hector Martinez stated that is correct. Mayor Insalaco asked if he was happy with everything planning did for him. Mr. Hector Martinez stated he plans on making it nicer. that is correct. was. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 5 OF 20 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED LAND EXCHANGE AGREEMENT FOR PROJECT NO. ED -14-1, AN EXCHANGE OF CITY -OWNED LAND IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND ALSO LOCATED IN DOWNTOWN APACHE JUNCTION )Principal Economic Development Specialist Janine Solley briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Herbert Madan addressed the council for any questions. Mayor Insalaco commented he would like to applaud him and city staff for getting this done. It is big for our city and he is glad they were able to work something out with staff to get this done for their benefit and for the city.He thanked him very much for that.He then opened the public hearing on the item. Mr. Tim Martens, Gammage & Burnham, representing WGG partners, addressed the council.He wanted to thank the city attorney and his staff and all the other city representatives who worked hard on making this project happen. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT APPROVAL BE GIVEN TO THE LAND EXCHANGE AGREEMENT FOR PROJECT NO. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 6 OF 20 ED -14-1 BETWEEN THE CITY OF APACHE JUNCTION AND WGG PARTNERS, LLC, FOR AN EXCHANGE OF CITY -OWNED LAND LOCATED AT 112 E. 2ND AVENUE IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND LOCATED AT 180 NORTH APACHE TRAIL AND 184 NORTH APACHE TRAIL, ALSO LOCATED IN DOWNTOWN APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO. 1406, IMPLEMENTING AN ADDITIONAL .2% SALES TAX DEDICATED TO FUNDING ROADWAY MAINTENANCE AND REPAIRS AND SCHEDULED TO SUNSET IN 10 YEARS )Mayor Insalaco commented staff has really worked hard to get this done.It is a relief to have this done. Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Wilson commented he would like to make a statement concerning a recent article that appeared in the newspaper on the sales tax increase.Over the past 6 years Apache Trail has been deteriorating in condition.The road has been put on hold and is in need for repairs to make it last another 20 years.It is in desperate need to do this periodic maintenance that is required.The Highway Users Fund, the HURF fund, is a state- collected fund from all of us for the past 6 years through the state -regulated fuel tax and the additional tax placed on registration of our vehicles.The system of collecting funds for the upkeep, maintenance and improvement of roadways throughout the state was established by state legislators back in 1974.They wanted to ensure that an even tax was placed on all fuel all over the state and they also wanted to ensure that REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 7 OF 20 the large communities did not have an unfair advantage over the rural areas of the state.They also did not want local governments to impose an additional tax on fuel.They established a procedure to equally distribute these funds according to population so no matter where you live in the state it is the same amount being used and redistributed for the roads.This has worked fine until 2001 when our state legislators started sweeping the funds to run state government. In Fiscal Year 2013-2014 and 2012-2013 $127 million was taken and, of course, again in 2011-2012 fiscal year they took over $226 million.Since 2001 it has been over $1.7 billion that they have otherwise distributed to run their local government. The City of Apache Junction has continued to receive some of these funds but in a greatly reduced amount.According to the paper, the city has estimated the shortchange is close to $4 million to maybe over $7 million since 2007.This is more than enough that would have paid for the improvements on the Trail. Mayor Insalaco commented that is the Trail and other roads also, not just the Trail. Councilmember Wilson commented that is correct.The idea that if the city proposes a .2 percent tax increase the consumer will go to another area to purchase their fuel to save this increase is incorrect.The tax is set by state legislators, it is the same no matter where you purchase your fuel.It is currently 18 cents per gallon and the last time the fuel tax was increased was in 1990.That is part of the problem on what Bryant just brought up.It goes to the Highway User Funds and from there it is distributed directly, according to the state legislation.Also, the reverse is true. If you buy all your fuel in Apache Junction, it does not go directly to Apache Junction on their roads.The funds that have been diverted and run the general fund of the state have far exceeded the amount of funds needed to make the improvements of the roads in Apache Junction.In 2007 we had over $4 million in our HURF revenue with a reserve of $3.9 million to rebuild, make improvements, perform emergency repairs to our city roads and roadways.This fund has been nearly used up by not only performing normal road maintenance but road repairs and being used in emergency road repairs.An example, two years ago, we had to perform a major repair on Southern Avenue when the road was washed out and it cost us over $192,000 to make that repair. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 8 OF 20 Today we have just a little over $3 million in HURF funds that are coming in and we estimate by the end of this fiscal year we will have $1.5 million as an emergency reserve.The past few years we have had several roads that were in need of major repairs during our monsoon season.Every year we have to perform road repair and road maintenance.The number of miles we cover has been greatly reduced because of the lack of HURF funds.An example of some of the road improvements are in 2010 we spent $1.175 million on road improvements for Ironwood.We also partnered with the federal government and that value was a little over $3 million for what we got out of that.We also made in-house improvements on Cedar, Warner, and Lawson for $254,000.In 2011 we improved Winchester, 29th Avenue, Royal Palm subdivision, Plaza and Saguaro for $548,000.2012 was our lowest year.We did Superstition Estate subdivision, the reconstruction of their roads for $157,000.Last year, in 2013, we spent $1.69 million for road improvements on Grand, Ocotillo, Main, Superstition Villa subdivision, Apache Villa subdivision and 16th Avenue.To say the city should have a slush fund to finance all these roads, he needs to ask where these funds will be coming from.Above all, what would you save if we had a cash reserve sitting there?As you can see, slush funds are coming from the fuel tax revenue that is currently being used to run the state government.During the time frame the city has reduced its size and has taken a huge reduction in the budget each year.The city is mandated by law to live within its means, and the city has done that each and every year and will continue to do that.Apache Junction has one of the lowest debt for a city of its size and has been very diligent with its city funds.I, for one, know that this tax we are looking at imposing is a double tax.I admit it is unfair.First we pay our gasoline tax and our licensing fees and the state acquires the money and distributes it the way they want to do it, and they are using it to operate DPS.We now are asking you to pay an additional amount to make the same improvements to our roads inside the city that these funds are supposed to be used for. We, in Apache Junction, are not the only city facing these problems.Other cities have increased or imposed a real estate tax for road improvement and upkeep, while others have increased sales tax.Some have decided to put a tax on improvements in the area of real estate for where the roads are running through. Mesa has done the real estate tax in these areas and Flagstaff is currently looking at the sales tax for their roads.Our need REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 9 OF 20 is now and delaying will only make it a more additional cost.I do wish we did not need to look at the additional sales tax, but I do not see we can get these funds any other way.I would like to pass a law that would make the state honor their agreement; that they would have to live within their means like the cities are imposed to do.And also, this goes with the ability for pay for education in schools.They currently were sued by the school systems and they are now going to be awarded their funds. But in talking to our legislators, as well as looking at other documents coming out from them, they are looking to possibly sweep even more funds because they do not have the funds to pay for education.They are looking very hard for this money.If someone could come up with a way that we could get these needed funds he would greatly appreciate it.I understand the need and understand the shortfall.But I do not know a way to come up with these needed funds.Before we pass this request or look at this request, I would ask that every year we bring back a report to the city council on how much money was brought in, how much was expended on the roads and where we are currently standing. This way we can keep up to date on the improvements and how it is being spent.I would also like to insist that the Apache Trail on the western side close to Meridian be looked at very hard for the water flow problems in that area.This has affected several businesses and it will cost considerably.We need to work with businesses in this area to ensure drainage problems are properly taken care of. Vice Mayor Barker commented he said it all. Councilmember Waldron commented during the last election cycle he cannot tell everyone the number of candidates, legislators and governor's candidates he talked to and they all said they were opposed to sweeping the HURF funds.But it is pretty well known that if they are going to sweep it again this year then they will continue to sweep for several years to come because the state does not have any money. We will continue working with them and try to get the restoration to some.Even if it is restored it will still not be back to the level it was before simply because there are hybrid cars and a number of factors.What is important is they will continue to work to get the legislature to stop this practice so we can get the money over to us.He agreed with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 10 OF 20 Chip.He thinks it was very well said that nobody likes this but when we presented this at the various public meetings, the sales tax option was the one that was most favored by everybody as opposed to a property tax.As representatives of the people, they have brought that message back.He thinks, as a representative of the government, they need to represent the views of the public.He does not like to do it, but they have to do something before this all falls apart. Vice Mayor Barker commented she thinks it is very important that they, as a council, and staff make finding a permanent revenue source a priority.The quicker we can find a permanent revenue source, if they can figure out what that is going to be, the better.HURF is going to go down.They all know that.Even if they were to magically tell the cities they can have all the money that was collected and then distribute it, it will gradually decrease.They need to make the number one priority that we find a permanent revenue source dedicated to roads.Whatever it might be and she does not know what that is.This is a temporary measure only. Mayor Insalaco opened the public hearing on the item. Mr. Luciano Buzzin, 3355 S. Cortez #35, Apache Junction, addressed the council.He stated he had six proposals.First of all, instead of a .2% increase it should be .4% and have a moratorium from February 2015 to February 2017.Secondly, in 2016 give the people of Apache Junction the opportunity to vote to decide to have a sales tax or a property tax based on their assessment from Pinal County. Thirdly, have a business moratorium for five years to not pay property taxes for an existing or new business, because in Apache Junction we need new businesses.We do not need businesses to go away.Fourth, to eliminate sales taxes if the property tax is passed.Fifth, the property taxes would be 40% to 60% based on Pinal County's assessment.Sixth, start collecting property taxes in 2017 with the first payment being 50% in February 2017 and the second payment being 50% in July 2017 or they can do a single payment of 100% with a 10% discount in March 2017.These taxes will be collected yearly.He feels this should be implemented for the future growth of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 11 OF 20 Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council.He stated he would love to live in a city where they did not have to pay taxes, but it is not possible if they want to improve the community.They are faced with the chicken or the egg; which one would come first.They must improve the infrastructure to get businesses to want to come here.It will take some doing to at least get the infrastructure improved.They have been working on it.Chip mentioned a lot of good stuff that is going on.Citizens should realize that the majority of our sales tax goes to the state and the county.What they do give back we have to wait to receive.There is always the skimming of the cream that takes place.Centralizing the collection does not work.They will have to take care of themselves.He and his wife see no problem with .2%.They also make sure that they shop here in Apache Junction for as many things as they possibly can so they contribute to the community to improve the roads and schools and help the community be viable and an enjoyable place to live.The issue to him is not discussing if they do a bond or sales tax, they do not have a choice.The roads have degraded so much, especially the Trail, they have to do something now.The sales tax is the only option to accomplish that.He likes the 10 year time frame.The city has already shown that when they have increased the sales tax for a special issue, when the time came, it was done and the sales tax went down.They have shown good honor and faith in complying with what the people want and he requested they pass this measure. Mr. Mohamed Ziaullah addressed the council.He stated he does not like the idea of raising taxes because people will go to Mesa to do their shopping.They will go elsewhere to do their regular shopping. He asked how many cities are raising taxes.About 15 years ago Tolleson had broken roads and they gave businesses incentives to come over and build businesses there.Now they have more warehouses, businesses and everything else.He requested they vote against the measure. Mr. James Hutcheson, 655 S. Conestoga, Apache Junction, addressed the council.He stated he had lived here for 30 years.He asked why give the city the money so the people working there can waste it.There is gross incompetence in city management.He has been dealing with it REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 12 OF 20 and is sick of it.If they raise the sales tax they will chase people out, especially the snowbirds.They will go over the county line to save two cents.The road crews put their time in, he has seen them at work.It is time to change it and taxing it is not the way to do it. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Serdy commented at this late time he will not be able to change any minds up here.He was disappointed with the process they had, appearing us against them.He would not like to see other council members be the them or the residents.We should all be the us.Some of the bullying that took place was very ugly and he would not like to see that.If someone has different ideas they were just exploring.Gail has some ideas on taxes that are not being collected that could and could solve a lot of this.There are ways they could come up with a couple hundred thousand here and there and come up with the money.He thinks if they go at this rate, hurting the mom and pops, they will disappear.They will be left with only chain stores, which is good, there is nothing wrong with that, but the mom and pops give us personality and make us our community.In the meantime he would like to see them reach out to Doug Ducey and see if there is anything he can do.He asked if they had contacted him, although he has not been sworn in yet.He hopes they can work as close as they can with him. Councilmember Waldron commented he did talk to Doug Ducey during his campaign and he is opposed to the sweeping of HURF funds, but there is no way they are going to pass a budget without doing it.Our representative, Doug Coleman, is against it.But reality says they are going to take the money.Even though the governor- elect is against it, he does not think they can pass the budget without doing it.He does not anticipate it happening within the next few years. Councilmember Serdy commented once he gets sworn in it could be different.He will have REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 13 OF 20 different information.He would still like to see what they can do. Mayor Insalaco commented some businesses are complaining that they are going to be pushing business away.If they do not have a road decent enough for the customers to get to their businesses, they will not be there. He does not know about anybody else, but he avoids the Trail as much as possible right now.They have been told by the experts that if they do not fix that road this next year it goes down to the bare minimum.That means a complete road bed.That road will be torn up for months at a time.He asked what the businesses would do then.Our backs are against the wall. There are articles in the newspaper saying the previous councils should have been doing this.The previous councils have done everything they can.The past mayors, the past council members, some of us are still here.Some of them were here and back on again.They have done everything they can to keep the tax rate down.Like Chip just said, he is not going to mention any names but some of our neighbors are in debt up to their ears, beyond their ears.We do not have that.But that does not mean they cannot put money back into the community and fix these roads. That Trail will not last another year the way it is.He asked if they wanted to bring it to a vote of the people.They would have to wait until an election.By that time they could forget Apache Trail.They could not get into the businesses that are on the Trail.People will not go to them.He then called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 14 OF 20 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT WE ADD TO THAT A MANDATED YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC. OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL .2% SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. City Attorney Joel Stern asked for a point of clarification.He asked if she was saying she wanted to amend the ordinance or what she added as an amendment. Vice Mayor Barker commented she wanted to add to it. City Attorney Joel Stern asked if it is part of the motion. Vice Mayor Barker commented it is part of the motion.The addition is part of the motion. City Clerk Kathleen Connelly asked if she wanted the words she just said in the ordinance. Vice Mayor Barker commented she wants the words up through funds, up through the audit and special projects.Or they can put the whole thing in there if they want.Priority can be part of the ordinance. City Attorney Joel Stern stated if they change the ordinance the way it is drafted, they can do that, but there will probably be a delay. Vice Mayor Barker asked if she can add the audit to the ordinance. City Attorney Joel Stern stated she may but. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 15 OF 20 Vice Mayor Barker commented but that will delay the ordinance.He is saying anything that is changed. City Attorney Joel Stern stated that is correct.He is suggesting any amendment she makes be done by motion and that still would carry weight with city management.What she mentioned was administrative rather than having to be in the actual ordinance, which is a law change. Vice Mayor Barker asked him to educate her on how to do it. City Attorney Joel Stern stated any amendments that she just read would just be part of the motion rather than part of the actual ordinance. Vice Mayor Barker commented that works for her. City Clerk Kathleen Connelly stated this ordinance becomes an amendment to their tax code. Vice Mayor Barker commented absolutely. City Clerk Kathleen Connelly stated the words she just added are not usually in a tax code. Since they are no longer allowed to do what is called green page changes, she believes the Model Tax Code Commission and the Department of Revenue would look at this a little strangely. Vice Mayor Barker commented however it works. City Attorney Joel Stern stated he recommends she retract her motion. Vice Mayor Barker RETRACTED HER MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 16 OF 20 City Attorney Joel Stern stated if she wants Ordinance No. 1406 passed, that is number one, and number two she adds the following direction to the city management for administrative purposes. Vice Mayor Barker commented add the following direction to the city management. City Attorney Joel Stern stated for administrative purposes. Vice Mayor Barker commented having already retracted her motion, she MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING ADMINISTRATIVE DIRECTION:THAT WE HAVE A YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC. OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL .2% SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. Councilmember Waldron SECONDED THE MOTION. VOTE:5-2 (Councilmembers Rizzi and Serdy voted in opposition.) During the vote Councilmember Wilson commented he was very torn with this but he understands the need and dilemma they are in. Reluctantly he said yes. During the vote Councilmember Rizzi commented while she fully agrees with the annual audit, she thinks it is a great addition to the ordinance, she cannot go with a ten year sunset.She just cannot do it.She has had way too many people contact her, business owners and residents.She has had one person contact her concerned about a property tax.Everybody that has contacted her has said that this tax would hurt their businesses.She then voted no. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 17 OF 20 During the vote Councilmember Serdy commented the longer this dragged on the more he heard from people that did not want it. He voted no. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, DECEMBER 15, 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, DECEMBER 16, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction, addressed the council regarding their recent free dump week November 10-15 which brought in 2,474.33 tons disposed of for free for a value or $26,281.04.He also thanked the police chief and Lieutenant Robinson for coordinating the auxiliary police force on Saturday.The next free dump week will be in REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 18 OF 20 February.Republic Services is opening a new transfer station for solid waste on Germann in Chandler. Assistant City Manager Bryant Powell asked if the transfer station will have an inflow that is already coming there or will it eventually come. Mr. Chris Coyle stated it will be a net change.Some will be going in and some going out.• Ms. Nancy Burgess, Apache Junction Food Bank, addressed the council to thank them for passing the human services funding as they have to make up for no longer getting food from St. Mary's. She also thanked the council and staff for their turkey contributions for Thanksgiving.She also congratulated them on the .2% sales tax vote. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:13 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of November 18, 2014. 3. Consideration of legal advertising agreement with the Arizona Republic for the one-year period commencing January 1, 2015 through December 31, 2015. 4. Consideration of Fiscal Year 2014-15 health and human services funding agreements. ACCEPTED THIS 16TH DAY OF DECEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF DECEMBER, 2014. HN S. INSALACO ayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 19 OF 20 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of December, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 20 OF 20