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HomeMy WebLinkAbout2013-04-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 2, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 2, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: (Vice Mayor Dietz was absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby Others Present:Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 1 OF 15 ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson recognized the East Valley Back Country Horsemen for their assistance this past winter season in repairing the step over gates in the community. Councilmember Wilson commented this last weekend they had Horse Tales, formerly the Black Stallion Literacy Program, with four schools attending.He thanked Wayne Standage for being there, the community and Superstition Horsemen's Association for sponsoring it, and the Parks and Recreation Department for setting it up and making it possible. Councilmember Serdy announced Apache Junction Little League is getting underway this week.Opening ceremonies are Saturday. He encouraged people to stop and watch the games. Councilmember Barker commented about 3 years ago the Focal Point Enhancement Project was started.Almost all the trees are lit on the west side of the focal point and quite a few on the south side, with a lot of names on the pavers.This year they are dedicating the campaign to the veterans of the city.They will have a special place of honor at the, focal point across the street from the flags. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 2 OF 15 Assistant City Manager Bryant Powell commented on the Little League opening ceremonies, drainage and road improvements at Meridian and Southern, and Recreation Superintendent Liz Langenbach being asked to participate as an expert on a panel of speakers for the Parks and Recreation Organization. Councilmember Barker asked if all the work being done on Meridian includes a traffic signal at the end. Assistant City Manager Bryant Powell stated it does. Business Advocate Janine Solley gave a brief presentation on the housing activity in the community. Mayor Insalaco asked if the Haystack development was going to continue with what they did before.He has noticed a pile of dirt there. Business Advocate Janine Solley stated she believes they have started to pull a couple of permits. Mayor Insalaco commented he knows others have started renting them out.He asked if they would all be rentals. Business Advocate Janine Solley stated she would have to check on that. Assistant City Manager Bryant Powell stated he wanted them to be aware that all of these projects are infill projects.The final plat was done 5 years ago and we are reaping the benefits of that.He is concerned that once the infill fills up, the state land area south of US 60 will be even more important.Our growth will be to the south.They need to start processing now as it takes two to four years to get to final plat approval. Assistant to the City Manager Matt Busby gave a brief update on current legislation issues that impact the city. Councilmember Barker asked if it is 65% of the total selling price of the newly -constructed home that is taxed. Assistant to the City Manager Matt Busby stated that is correct. Our local 2.2% sales tax would be charged on $65,000 of a REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 3 OF 15 $100,000 home sold in Apache Junction.It would be remitted to the sales tax office.The state also does the same thing at 6.6%. Councilmember Barker commented they will pull it all out. Assistant to the City Manager Matt Busby stated they will total it out and pay it to the right people.He continued on with his briefing. Councilmember Barker commented the construction companies could pay their tax on construction supplies to another state or country. Assistant to the City Manager Matt Busby commented the state has a use tax that would capture some of that but the city does not. He continued with his briefing. Councilmember Serdy asked if the merchant has to pay two different sets of taxes for those cities that collect their own tax; one to the city and one to the state and county. Assistant to the City Manager Matt Busby stated to his understanding that is correct. Councilmember Serdy commented that is how the legislature thinks they are simplifying it.They would only have to pay one and not have to do two sets of books.It would be simplifying it for the merchants. Assistant to the City Manager Matt Busby stated there is also an online portal that is supposed to solve that issue.They would go to the website and remit their payment through that website. On the back end it would be distributed to the right people. The League and staff's argument is to try to see if that works before making a huge change to the whole tax code.This was legislation from last year. Councilmember Serdy asked when the extra 1% falls off. City Clerk Kathleen Connelly stated it falls off next month. She added regarding businesses paying different jurisdictions, it depends on the type of tax.Local jurisdictions tax some REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 4 OF 15 items that are not taxable by the state.There are some people who only pay the city; they never have to deal with the state. Her understanding of the portal is those people could still come in and pay the city directly if it is what they choose to do. There are many people that prefer to hand over the return and check over the counter and get a receipt for it then and there rather than have it get lost in the giant state system. Mayor Insalaco asked how long it would take us to get the money to the city before 2007 when businesses were just writing one check to the state. City Clerk Kathleen Connelly stated there would be at least a 30 day delay.She would also have to say in all honesty there is probably some money the city has never gotten. Councilmember Waldron asked if they withheld some money for a long period of time. City Clerk Kathleen Connelly stated there were instances where the state returned more money to taxpayers than the city was ever paid in the first place.There were instances where the ' city had to pursue a six figure account because the state chose not to do so.In that particular instance, that entity did not owe the state since it was primarily food for home consumption. It was a city tax.The city could not get answers to some of its questions as to when it would get an amount.Staff would frequently be told the state had switched software.She believes there are some dollars the city has not gotten and will never get. Assistant to the City Manager Matt Busby stated the ability to self -collect and do our own audits is not just about insuring the city collects the right amount, it is also insures the taxpayers are paying the right amount.There have been instances where the city has had to rebate money as there was an overpayment or there should have been no payment at all.It was caught at the local level and they were paid very quickly. Another factor is the local businesses have someone that can come in on their lunch break and talk to staff face to face about their tax issues.When it goes through the Department of Revenue, they have to go to Phoenix, a very large bureaucracy with hundreds of employees. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 5 OF 15 Councilmember Barker asked for a copy of his power point presentation. Assistant to the City Manager Matt Busby stated they could get more information on these issues at the League's website.The governor's website has all the links on the TPT issue. City Clerk Kathleen Connelly stated a third resource would be the state auditor general's website.They are charged with reviewing different state departments on a rotating ten year basis.Look under the reports section and then go to Arizona Department of Revenue.The reports are not very good.She had hoped the legislature would take a look at those.She understands that the department of revenue has monetary limitations.She believes their next review is in 2016.It would be a shame to transition all to that agency and then have a report come out in 2015 saying they are not able to do this work. Councilmember Barker asked if they had cut a lot of staff in last year's budget. City Clerk Kathleen Connelly stated they did. Assistant to the City Manager Matt Busby stated they made cuts in several years. Councilmember Barker commented it seemed to her they cut a lot of money out of their budget so now they will have to give them that back and a lot more in order to take care of this situation. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE ELKS LODGE #2349 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 6 OF 15 Ms. Cindy Pierson addressed the council.She is with the Elks Club and advised this is the fifth annual car show.It is a car and tractor show with the proceeds going to their charities.It will start at 10 a.m. and will go until 1 p.m.They will have beer, pop and coffee. 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 THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR APRIL 13, 2013, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF PROPOSED AMENDMENTS TO THE PARK NAMING POLICY )Parks and Recreation Director Jeff Bell briefed the council on the item. Councilmember Wilson asked why they did not consider an individual who spends a lot of time bringing activities to the city and or an organization that REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 7 OF 15 gives a lot of their money to different nonprofits in the community.It states that volunteer does not apply.He asked what the thought was behind that decision. Parks and Recreation Director Jeff Bell stated he believes the commission wants to recognize that type of individual, but they did not to go to the level of naming park facilities.They want to do it in the form of a dedication program as it is spelled out in the draft.They think there might be potential for revenue in the future for park naming facilities.They could be named after big sponsors or commercial businesses or corporations.They had discussed some of this.Individual names get forgotten 20 to 30 years from now.They thought a dedication plaque with an explanation of what that individual did and provided would have more meaning than naming a facility after them. Councilmember Serdy commented the financial support is trying to get sponsorships.It is not a rich dude, trying to build his ego, wanting to name a park after himself.If he gave him $1,000,000 they would name it after him.He asked if that is something they wanted to avoid. Parks and Recreation Director Jeff Bell stated that is correct. Councilmember Serdy commented he would want to discourage that.He does not think someone should have a park named after them because they gave money.He would rather see volunteerism in the works.Whenever there are places that do naming rights, it is usually for a limited amount like the concert venue on the west side.It changes names every two years.It is not a city facility.He asked if that is private. Parks and Recreation Director Jeff Bell stated he believed that is correct. Councilmember Serdy asked for some examples of city parks.He asked if Bank One Ballpark would be considered one. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 8 OF 15 Parks and Recreation Director Jeff Bell asked what he meant by naming. Councilmember Serdy commented he was talking about the naming rights.He asked if the committee should look into temporary sponsorship naming. Parks and Recreation Director Jeff Bell stated he believed they just hired a staff person for that.Dan Beeman will be working on that. Councilmember Serdy commented for a few years the rodeo grounds may be named something. Parks and Recreation Director Jeff Bell stated Levi's. Councilmember Serdy asked if the committee would screen this. Parks and Recreation Director Jeff Bell asked if he meant the parks and recreation commission. Councilmember Serdy commented they would not want to name it the Jack Daniels Rodeo Arena. Jeff Bell stated Levi's. the committee would screen this. Parks and Recreation Director Jeff Bell stated the commission is simply an advisory body to the council.The council has the final say.They would make a recommendation to you to accept the name or not. Councilmember Serdy commented it would go through them and then back to the council. Parks and Recreation Director Jeff Bell stated that is correct. Councilmember Wilson commented even though volunteerism is not listed under dedication, that is one of the things they would use to qualify. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 9 OF 15 Councilmember Barker commented it says outstanding service, which to her would be volunteer. Councilmember Wilson commented he was looking for the words. Councilmember Barker asked if he wanted that specifically. Councilmember Wilson commented that way it is understood and interpreted.He was not sure what would be outstanding service. Councilmember Barker asked what the difference is between outstanding service and outstanding volunteer service. Councilmember Wilson commented he does not necessarily mean outstanding service as far as volunteering.They could have someone working with a group that brings in activities.Those funds raised are turned around and given to the boys and girls club and other nonprofits. Councilmember Barker asked if that was not outstanding service. Councilmember Wilson asked if it is just service to the city or to the organization. Councilmember Barker commented it is a city facility.They would have to determine whether most of the funds the organization raises go to the city organizations like parks and recreation. Councilmember Wilson commented that is why he wants it clear. Councilmember Barker asked what he would consider clearer; what verbiage would help the definition. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 10 OF 15 Councilmember Wilson commented he wanted to make sure they could include the wording where volunteerism, not necessarily to the city directly, has done activities that benefitted the city. Councilmember Barker asked if they could add the words "outstanding service that benefits the city".She asked if that would answer the need and change the meaning to his intent. There was general discussion on where this change would be placed in the policy and how the current language was interpreted. Councilmember Wilson commented he questioned it because it singled it out on the previous page where it states the value of volunteerism time does not apply to this criteria. Councilmember Waldron commented he agreed with the value of volunteer time but not the benefit of the volunteer time. Councilmember Wilson commented he assumed it was carrying over to here as well. Councilmember Waldron commented he thinks the value of the volunteer time is what the value of the time that they give is, not what the group gets and donates to various groups. Councilmember Barker commented the value of volunteer time is actually monetary. Councilmember Waldron commented it would be $21 per hour. Councilmember Barker commented they are disallowing the $21 per hour that is currently used to value volunteer time. Councilmember Waldron commented that is how he read it. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 11 OF 15 Councilmember Barker commented it appears to her that adding the words "that benefits the city" does not change the meaning that the sentence was intended for.They could be added and if that would make some people feel better about it and feel it is clearer, she does not see a problem with it. Councilmember Waldron agreed. Mayor Insalaco commented that will work.He called for any more discussion.There being no further discussion, he called for -a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED AMENDMENTS TO THE PARK NAMING POLICY:THAT WE ACCEPT THOSE PROPOSALS AND THAT WE ADD TO DEDICATION CRITERIA 1.B., FOLLOWING THE WORDS OUTSTANDING SERVICE "THAT BENEFITS THE CITY". Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CITY MANAGER APPOINTED ART COMMITTEE RECOMMENDATION )Business Advocate Janine Solley briefed the council on the item. Councilmember Barker commented it seemed they reached a consensus at the last meeting that they liked them all and they would be grateful to go with the recommendations of the art group.She hoped they would use the other two down the road eventually. Councilmember Serdy asked Janine if she had any other artwork of the javelina or if she could make the picture bigger.He asked about the things that look like rays behind the Apache.He was told they would not look like that when it is completed.They will look more like REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 12 OF 15 the ones behind the javelina which have some depth and contrast. Those are bent.They look artificial behind the Apache but it would be blended in more like in the javelina.It will look more like a real plant once it is constructed. Councilmember Barker commented she thought those were arrows. Councilmember Wilson commented he is all for going with what the art committee decided.They had asked them to come forward with their suggestions.They need to continue on and go forward.They are putting the time in.They will be going out trying to get potential sponsors for this.He thinks they have thought it out well once it was explained.It really fits well.He is all for what the art community says.He agreed with what Councilmember Barker said. Councilmember Serdy commented he agreed also and added there is another Lost Dutchman there behind the focal point.They have nothing Apache, yet they have Apache Junction and Apache Trail.He thinks it would be a welcome addition to have an Apache there. Councilmember Waldron agreed, adding he would like to take the recommendation of the art committee and go forward. Councilmember Evans concurred. Councilmember Barker asked if staff needed it in the form of a motion. Business Advocate Janine Solley stated that is correct. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY MANAGER APPOINTED ART COMMITTEE RECOMMENDATION:THAT WE GO FORTH WITH THEIR RECOMMENDATIONS WITH GREAT, GREAT FULLNESS. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 13 OF 15 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 15, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, APRIL 16, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Councilmember Evans SECONDED )Mayor Insalaco adjourned the meeting at 7:55 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of March 19, 2013. ACCEPTED THIS 16TH DAY OF APRIL, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF APRIL, 2013. REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 14 OF 15 ATTEST: KATHLEEN CONNELLY City Clerk RN S. INSALACO Mayor 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 April, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of April, 2013. KATHLEEN CONNELLY / City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 2, 2013 PAGE 15 OF 15