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HomeMy WebLinkAbout2013-06-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JUNE 18, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 18, 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 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 Interim Public Safety Director/Deputy Chief Tom Kelly Public Works Director Giao Pham Assistant to the City Manager Matt Busby Others Present:Executive Assistant to the City Manager REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 1 OF 11 Anna McCray Administrative Assistant Hazel Randall Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE PHOENIX -MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT, THE PHOENIX -MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE PHOENIX -MESA GATEWAY AIRPORT AUTHORITY AND CITY OF APACHE JUNCTION LOAN AGREEMENT; AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco announced Republic Services is partnering with the city to present the Fourth of July Celebration.He gave a partial list of the activities for the celebration. CITY MANAGER'S REPORT City Manager George Hoffman commented on the usage of the Superstition Aquatics Center during opening week and encouraged everyone to thank Representative Doug Coleman for his compromise solution in the legislature regarding tax issues. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 2 OF 11 Mayor Insalaco commented one could use the words courage, honesty, integrity and thinking of the people of this city that put Representative Coleman there.He thinks about them more than he does himself. Assistant to the City Manager Matt Busby gave a brief legislative update.The governor called a special session to address the budget, Medicaid and the transaction privilege tax simplification. Vice Mayor Barker asked for some clarification.The Arizona Department of Revenue administered tax portals for cities and towns before.She asked if cities and towns will have to pay for the availability within the city. City Clerk Kathleen Connelly stated it will be a fee per use. They do not know how much it will be.It appears what was previously an option for the taxpayers to file locally or with the Department of Revenue may now be mandated to file with Department of Revenue.As someone who has worked with the Department of Revenue, she does not want to go back to the 1980s and nightmare that it was. Vice Mayor Barker commented they will figure the fees at their leisure. City Clerk Kathleen Connelly stated that is correct.The Unified Audit Committee, which we are a part of, will be looking at these fees and procedures. Assistant to the City Manager Matt Busby commented he will keep the council posted on the ongoing investigations.He continued with his briefing, including construction company indemnifications. City Attorney Joel Stern stated it basically states that when they have a construction company, they usually had an indemnification provision that said if the city got sued and it was the construction company's fault, the construction company would cover the city and have to hire an attorney to defend the city.Now there are restrictions on that.The construction lobby got to the legislature.They did other things, too, in Title 34.He does not know why it came at the last minute. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 3 OF 11 Assistant to the City Manager Matt Busby stated they do know that it is bad for the city and they will try to figure out exactly what it does to the city. City Attorney Joel Stern stated he would provide them with an update on his idea of the laws later. Assistant to the City Manager Matt Busby briefed them on legislative items related to next year and the League resolution process. Mayor Insalaco commented when he presented the truck lane restrictions resolution last year there were only two municipalities sponsoring it.It is good to see that more are jumping on board this year. Assistant to the City Manager Matt Busby continued with his briefing on the League resolutions.One of them was from Yuma seeking to limit the number of public records requests by one party. Mayor Insalaco commented one perspn last year got 138 requests in one week's time on different things.He read them, left them on the counter and walked away. Assistant to the City Manager Matt Busby continued with his briefing on the League resolutions. City Manager George Hoffman stated they are working on preparedness and having different people do different responsibilities.Anna McCray has taken the lead on some software we are using.The city has had to reduce staffing over the years, compelling us to be smarter about how we are doing things.Anna will give an overview of the city's agenda management software tonight. Executive Assistant to the City Manager Anna McCray briefed the council on changes the city has made to its agenda management software. Councilmember Waldron commented he was playing with the portal this weekend and it is pretty good. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 4 OF 11 Assistant City Manager Bryant Powell commented this is really about transparency and ability.There is no cost to the residents and no staff time.When he first got here, if someone wanted to reach out and get the agenda staff would have to be used.As long as there is internet connection it is completely open to anyone.Now there is video streaming that is free. City Manager George Hoffman stated they have the ability to quickly go to that agenda item and jump to it on the video streaming.It is really a neat feature.Hopefully it will be very intuitive for public use.He then invited up Acting Police Chief Tom Kelly. Acting Police Chief Tom Kelly introduced Officer Justin Griffith and new Canine Officer Daimont and provided an update on the canine unit program. Vice Mayor Barker asked if Senna was retired at this point or will they have double duty for awhile. Acting Police Chief Tom Kelly stated Senna is semi -officially retired.She has served her purpose for 6 years.She was approximately 3 years old when she came to us.She is almost his age in human years. Vice Mayor Barker asked if she would be staying with Officer Chacon. Acting Police Chief Tom Kelly stated that is something they are working out right now with the city attorney and that is hopefully the direction they are going in.Officially, Officer Griffith will be our sole canine officer. Officer Justin Griffith introduced Officer Daimont, stating she is originally from Holland.Her police training was primarily in Holland and she received additional training in the United States.She received narcotics training in the academy from April through May.She has been working for two weeks and has already found narcotics on some suspects and found narcotics on a search warrant last week. Mayor Insalaco asked how old she is. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 5 OF 11 Officer Justin Griffith stated she is 5 years old. Mayor Insalaco commented she looks like a young 5. Officer Justin Griffith stated she acts a young 5, too. Councilmember Wilson asked how long she will be in service. Officer Justin Griffith stated they hope to get 4 or 5 years out of her.Some dogs can go longer; it depends on the genes, the breed, how they act and their medical condition.She is a Belgian Malinois and they do not have the hip issue that German Shepherds have.They usually get a little bit longer police life than they do. Mayor Insalaco asked why the dogs are so old when they start. He asked if it takes that long to train them. Officer Justin Griffith stated dogs usually start off at about two and it does not take that long to train them.It happened that Daimont was available at a good price for her age.She is very young for her age.They put her through a lot of tests to determine which dog was right for us and she passed those tests with flying colors. Councilmember Serdy asked if she has a vest. Officer Justin Griffith stated not yet.She is getting fitted for one shortly.He thanked them for their support. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR DATE TREE )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco asked if that is the old Lucky Bob's. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 6 OF 11 City Clerk Kathleen Connelly stated it is not, it is on Superstition Boulevard.She continued with her briefing. Mayor Insalaco asked if it is by Ohio or Pinyon Street. City Clerk Kathleen Connelly stated she does not know what the closest street is. Mayor Insalaco commented that used to be the old Lucky Bob's II store. City Clerk Kathleen Connelly stated it could have been.She continued with her briefing. Mayor Insalaco requested the applicant address the council.He asked him how he came up with the name of Date Tree. Mr. Tariq Husayno, 10731 E. Sunnyside Drive, Scottsdale, addressed the council.He stated he grows date trees in his backyard.He grows them from the seed and it takes 5 years to get dates to eat.He likes to eat dates. Councilmember Rizzi commented she read in the packet that there was a violation in 2009 involving sales to underage youths.She asked what measures he has taken to insure that it does not happen again. Mr. Tariq Husayno asked her to tell him on what page of the application she found that. Councilmember Waldron commented that he wrote it. Mr. Tariq Husayno stated that was with the City of Tempe on Apache Terrace. Vice Mayor Barker commented the Sun Stop was one of them and the other was not specified. There were two. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 7 OF 11 Mr. Tariq Husayno's comment was inaudible. Councilmember Rizzi commented her question was what measures he has taken to insure that it does not happen again. The comment from Mr. Tariq Husayno was inaudible. Councilmember Rizzi asked if he had offered any extra training to the staff. Mr. Tariq Husayno stated not really as he helps them and trains them.He has taught them for many years. Councilmember Rizzi asked if it is the policy for them to check the identification for all the patrons. Mr. Tariq Husayno stated that is correct.They check everything. 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 AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR DATE TREE, SUBMITTED BY TARIQ J. HUSAYNO, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 8 OF 11 OLD BUSINESS QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY )Assistant City Manager Bryant Powell briefed the council on the item.He commented Phase II of the North Apache Trail improvement includes street parking, the wide pedestrian sidewalk, landscaped areas and street lights. Mayor Insalaco asked if he had heard any complaints about people backing out onto that street. Assistant City Manager Bryant Powell stated they have not.They are hoping that the narrow design will actually slow traffic and calm traffic in that area. He continued with his briefing.He briefed the council about the public art that is in place and how staff is working on a grant for a second piece of public art. 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, JULY 1, 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, JULY 2, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 9 OF 11 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council to thank people for buying tickets for the car raffle benefitting the Boys and Girls Club. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:58 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of June 4, 2013. 3. Consideration of Resolution No. 13-25, authorizing the mayor to execute Amendment No. 1 to the Phoenix -Mesa Gateway Airport Authority (PMGAA) Amended and Restated Intergovernmental Agreement, the PMGAA Amended and Restated Joint Powers Airport Authority Agreement and the PMGAA and the City of Apache Junction Loan Agreement; and authorizing city staff to implement all necessary actions to fulfill the agreement obligations. ACCEPTED THIS 2ND DAY OF JULY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF JULY, 2013. REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 10 OF 11 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 18th day of June, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of June, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 2013 PAGE 11 OF 11