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HomeMy WebLinkAbout2014-10-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 7, 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:Assistant City Manager Bryant Powell 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 Others Present:Deputy City Clerk Jan Mason Economic Development Specialist E'lan REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 1 OF 15 Vallender Public Information and Marketing Communications Specialist Constance Halonen-Wilson Assistant City Attorney Eric Yuva Police Telecommunications Officer Lisa Eminhizer ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented Police Telecommunications Officer Lisa Eminhizer with her 25 Year Service Award.Public Safety Director Tom Kelly gave a brief history of her accomplishments. Vice Mayor Barker read a proclamation designating October 2014 as Domestic Violence Awareness Month. She announced there would be a candlelight vigil on Thursday at 6:45 p.m. at the Veterans Memorial Gazebo.Mayor Insalaco then presented the proclamation to Public Safety Director Tom Kelly who then presented it to Tanya Green, Director of Programs for the Community Alliance Against Family Abuse.She presented statistical data for the past two years.Public Safety Director Tom Kelly stated Community Alliance Against Family Abuse has been a great asset responding to calls with the police department and providing the correct information to the victims.Unfortunately, the city will be adding two names to the fatalities for the city. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented a few weeks ago the rotary had a lunch out at Gold Canyon where he and several staff members REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 2 OF 15 attended.The speaker was Cory Rhemsburg, who served 10 tours in Afghanistan and had suffered a traumatic brain injury.His attitude is tremendous.He is from the valley and was a guest of the president for the State of the Union message, receiving a 3 minute standing ovation from Congress. Councilmember Waldron announced he and the mayor attended a meet and greet on September 25 with the new Salvation Army board for the Apache Junction branch.They will be working to bring things to the area. Councilmember Waldron announced he attended the kickoff event for the Arizona Wall project where the Town of Gilbert had donated 7 acres of land and they are working to bring an 80% replica of the Vietnam Wall to their town hall complex. Councilmember Waldron announced he, the vice mayor and Councilmember Evans attended the 27th Annual Pinal County Town Hall last week Thursday and Friday with the topic being the economics of a healthy community. Councilmember Evans announced she attended in the past two weeks the Smythe Homeowners Neighborhood meeting and she thanked Greyhound Park for hosting it.WalMart provided the food and drinks.She heard their concerns, got a lot of good input and provided information on services available to them. Councilmember Evans announced she attended a multi -family conference with E'lan Vallender regarding panels of bankers and developers discussing current trends and what we have to look forward to in size and density. Councilmember Evans announced she was over at Paws and Claws this past week applying for a new dog license and learned it has more than 91 cats and kittens.She encouraged people to come and adopt them.She also gave a brief presentation on the dog of the week and announced Paws and Claws is looking for more volunteers. Councilmember Evans announced Earth Heart Park had volunteers show up last Saturday to plant seedlings and plants from Bonnie Plants.Shady Way Garden also donated plants seedlings.From REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 3 OF 15 November through April on the first Saturday of each month they will be holding a market and artisans' bizarre. Councilmember Serdy reminded everyone of the Festival of the Superstitions in about one month from today. Vice Mayor Barker announced last Wednesday she said goodbye to the first vice mayor of Apache Junction, John Granillo.She gave a brief history of his accomplishments. Vice Mayor Barker announced she was part of a press conference this morning in Maricopa County announcing October as Domestic Violence Month as well as announcing a theme for the year called Voices for Justice.She wanted to remind everyone October is also Breast Cancer Awareness Month and Mental Health Awareness Month. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the city providing ribbons and symbols for Domestic Violence Month, gave a photo presentation on the clean up from the storms last month, and commented on an email received from Jan Mason regarding a new business owner's business friendly treatment and helpful assistance in getting her business started here in the city. PUBLIC HEARINGS SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB ) )Deputy City Clerk Jan Mason briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Tim Sicocan, representing the Rotary Club, addressed the council. Vice Mayor Barker asked him to tell them all about it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 4 OF 15 Mr. Tim Sicocan stated it will be a little -type rodeo with lots of little activities. There will be some bucking sheep or something like that or whatever rodeos do. Mayor Insalaco asked if the assistant city manager will be riding them. Assistant City Manager Bryant Powell stated he thought of going over there and doing that.He added it is the first ever ranch rodeo and the Superstition Promotional Corporation is hosting it. Mr. Michael Cowan stated there will be no sheep.It is a ranch rodeo.It gives the cowboys that work on the ranches a chance to use their skills for public viewing.They will have stray gathering, trailer loading, wild cow milking, calf branding and bronc riding later in the afternoon.It starts at noon.It is the first one. They are trying something different earlier in the fall before Lost Dutchman Days to give the public something else to look at. And it gives a chance for the cowboys to show off a little bit. Mayor Insalaco commented it sounds like fun. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR OCTOBER 25, 2014, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 5 OF 15 The motion carried. RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH BLOUNT EQUIPMENT FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51,200 ) )Economic Development Specialist E'lan Vallender briefed the council on the item. Councilmember Waldron asked him to explain to the public what the third party review process is. Economic Development Specialist E'lan Vallender stated we hire a third party consultant to look at the terms of the development agreement. The two primary things that are required to be met are that the development would not have occurred at the same time and the same place with the absence of exemption.Applied Economics looked at that and determined that was the case.It also requires the incentives the city is offering do not exceed the economic values being brought in by the new business.That incentive would be the $51,200.There were some calculations done based on the transaction privilege tax that would be brought in based on the new business and the jobs and the $51,200 should be met through the 50% over a period of 8 years. It met that requirement as well. Councilmember Waldron commented in meeting that requirement we have to have a return on the investment we put in. Economic Development Specialist E'lan Vallender stated that is correct.They are looking at the $13,500 transaction privilege tax that would be coming in annually.Fifty percent of that would go to reimburse the funds for roads and the city would also receive $6,500 to go into the general fund.This is based on performance so if for some reason the company did not produce the said amount of taxes over the period of time, the city would not pay off past 8 years and the city would not pay more than $51,200. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 6 OF 15 Councilmember Evans asked if there is an anticipated start date with approval of this and completion. Economic Development Specialist E'lan Vallender stated the agreement calls for completion to be before December 31, 2015.The project is moving some of the documents along for the anticipated start date. Mayor Insalaco requested the applicant address the council. Mr. Randy Blount addressed the council.He stated they actually have two companies, one a contracting company they are currently relocating to Apache Junction and a rental corporation they are looking at relocating as well.It is currently in Maricopa County in a county island. Mayor Insalaco commented they are glad to have him on this side. Mr. Randy Blount stated they are bringing it to Apache Junction and there are some issues in that their sales tax is increasing significantly.Currently they only pay a county sales tax, which is also lower than Pinal.In order for them to relocate, they need some help in offsetting some of these costs they are putting out up front. They feel it will be a good addition to the city and hope for this to be just a part of the many developments they hope to be a part of and grow in Apache Junction. is glad to have him here. Mayor Insalaco commented he Councilmember Wilson agreed. Mayor Insalaco opened the public hearing on the item.There being no 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. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 7 OF 15 Councilmember Waldron MOVED THAT THE RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BLOUNT RENTAL EQUIPMENT, LLC FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51,200.00, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF ON THE .2% SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS )Assistant City Manager Bryant Powell briefed the council on the item. Assistant to the City Manager Matt Busby briefed the council on the roadway problem, the backlog of about $18 to $19 million of maintenance and construction needs and specifically how to fund those needs. Assistant City Manager Bryant Powell stated in terms of debt, Mr. Hoffman has done a very good job of making it clear we have paid off city hall and paid off the multi-gen.The debt this community has in its entirety is the latest expansion of the library which is about $270,000 annually for 17 more years.In terms of capacity, the city has been very frugal in its thinking and conservative in its efforts of utilizing debt in a smart way. Councilmember Rizzi asked if the Apache Trail project is $3 million. Assistant to the City Manager Matt Busby stated that is the initial estimate.They are having designers work on the design of the project now.They will get a more firm number but they think it is in the $3 million range. Councilmember Rizzi asked if the sales tax increase is estimated to bring in $1 million per REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 8 OF 15 year.It would be three years of collecting that before we could get the Trail done. Assistant to the City Manager Matt Busby stated that is only if you use the pay as you go approach.What we would do is leverage the financing.Get the $3 million from a bank up front and then pay it down with three years of revenue. City Attorney Joel Stern stated they have seen the ordinance before although it is a little different.He will point the differences out, the critical ones.There is no ordinance number still because he has not been formally directed to make it an ordinance.If there is direction tonight, that is part of the action that would be taken.Section I deals with the code provisions under the Apache Junction City Tax Code.Unless they want to get into taxation, they could go on about that. Mayor Insalaco commented they have a long night, so no. City Attorney Joel Stern stated 8A-415, 8A-416 and 8A-417 are construction activities. There have been two full years the city was prohibited from actually taxing construction sales tax, beginning in 2012.That has now ended so they now can do that.It has been put back in. It was not in the previous version.In addition, they will not see 8A-445 anymore.That is because the legislature decided cities and towns cannot tax rentals; they cannot add additional new taxes.That section talks about rentals, if one rents their house out or one has a rental of apartments.The individual who owns that has to collect the tax and remit it back to the city. They have been doing that but for a new tax the city cannot do that anymore so that section is gone out of this ordinance. Section II designates the purpose.It is a very important provision.This will only be for the maintenance, repair, design, construction and replacement of public rights -of ways. In designating an effective date, the effective date would be March 1, 2015.In designating a termination date, it would be ten years so it would be March 1, 2025.There are other deadlines.In order to get to the recommended date of December 2, 2014 for the next public hearing, the city has to do a 60 day REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 9 OF 15 notice on the Internet with what could be a date where the ordinance is adopted by the council.The city has already done that so we would fall within that.We started the 60 days. There is a 14 day notice for the December 2 hearing.If council directs staff to bring this back on December 2, that notice would also be done.That one is a published notice in the paper.On December 2, 2014, the anticipated date the council acts on this, if council acts on this and it is a no vote, it ends.If it is a yes vote, he would have to count out another 30 days to January 1 for when it would be effective.However, the council is creating a new effective date.There is no emergency clause anymore.That has to be taken out as pursuant to Title 42, as of he believes 2011, they cannot have an emergency clause which takes away the 30 days.He knows he is getting confusing here.Another date he has to mention is the department of revenue.They need 60 days once this goes into effect to make changes.Additionally, the city clerk's office has to make some other changes to some forms because we are still collecting our own sales tax.It is likely that will continue until June or July before the state starts collecting the sales tax for us.That is not official.If this is passed on December 2 they will have 10 days to let the department of revenue know it was passed.If they miss that date, miss the 10 days, this law would be void.It has to be followed. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened it to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE .2% SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS: THAT THEY FINALLY PRESENT THE ORDINANCE AS SHOWN IN THE DRAFT DATED 10/7/14 AND BRING IT BACK TO COUNCIL ON DECEMBER 2, 2014. Vice Mayor Barker SECONDED THE MOTION. Councilmember Serdy asked if this is just to write the wording. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 10 OF 15 Deputy City Clerk Jan Mason stated that is correct.They are not voting on the ordinance itself at this time. Councilmember Serdy commented so this is going to happen. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS AND REAPPOINTMENTS FOR THE BOARD OF ADJUSTMENT, LIBRARY BOARD OF TRUSTEES, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION ) Councilmember Waldron asked if they wanted to do it by board or the whole thing. Vice Mayor Barker commented go for the whole thing. Deputy City Clerk Jan Mason stated that is at the council's discretion.She reminded them that the board of adjustment has two different term dates.They have the one to replace Mr. Hall. Mayor Insalaco and Vice Mayor Barker commented to go for it. Mayor Insalaco commented the board of adjustment with three positions. Vice Mayor Barker commented it is four positions. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 11 OF 15 Councilmember Waldron MOVED THAT ANDREW WHITENECK BE REAPPONTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017; AND I MOVE THAT TODD COUSINS AND JOHN BOOTH BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017; AND I MOVE THAT WILLIE HOWARD BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT RANDY MULLEN AND ROBERT MAYO BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT JUDY BOREY BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JESSE GAGE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT MARIT RUNYON BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT LUCIANO BUZZIN, PETER HECK AND PAT RICHMOND BE REAPPOINTED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 12 OF 15 TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. (During the vote Councilmember Serdy commented he wished they were doing them one at a time.Councilmember Wilson seconded Councilmember Serdy's statement.) 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, OCTOBER 20, 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, OCTOBER 21, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council regarding a statistic she learned years ago at a domestic violence workshop and invited everyone to listen to Pastor Bob perform at Community Christian Church on October 24. Ms. Nancy Burgess, 116 S. Vista Road, Apache Junction, addressed the council regarding their support of the food bank and the kickoff for the Turkey Drive for Thanksgiving. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 13 OF 15 Mayor Insalaco commented he would bring her a turkey and challenged everyone that could bring her a turkey to do so. Vice Mayor Barker commented the VFW Ladies Auxiliary will be meeting next Tuesday and they are going to discuss helping out the food bank. Mayor Insalaco commented he will be talking to the auxiliary at the Legion on Friday. Councilmember Rizzi asked what the hours are. City Attorney Joel Stern advised she cannot ask any questions during this part of the meeting.It is Call to the Public only. Ms. Nancy Burgess stated the hours of distribution will be 9 a.m. on Saturday, November 22. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:20 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 16, 2014. ACCEPTED THIS 21ST DAY OF OCTOBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF OCTOBER, 2014. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 14 OF 15 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 7th day of October, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of October, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 15 OF 15