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HomeMy WebLinkAbout2012-03-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 6, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 6, 2012, 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 Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: (There is one vacancy on the council.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Human Resources Director Liz Riley Others Present:Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 1 OF 44 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Safety Director Jerald Monahan gave a brief presentation on a 25 -year service award for Administrative Assistant Carlena Lawson.She received a week of vacation, a monetary recognition, a certificate of service and a digital picture frame. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson reminded everyone of the Antique Tractor Show this weekend at the rodeo grounds. Councilmember Wilson reminded everyone of household hazardous waste collection at the public works yard on March 17. Councilmember Wilson reminded everyone of the mardi gras party with the Bad Cactus Brass Band this weekend at the Apache Junction Performing Arts Center to benefit the parks and recreation department. Vice Mayor Dietz commented the hazardous waste day includes white goods and electronics. Vice Mayor Dietz thanked the centennial committee for the job that they did over Lost Dutchman Days.He believes they had one of the best ones in the state. Councilmember Barker thanked all the people that came out to see the re -enactor who performed at 15 different venues.The two people that were there the entire weekend were Wayne Standage and Sharon Stinard. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 2 OF 44 Councilmember Serdy thanked the community for all of their donations to help pay for all of it. Mayor Insalaco commented this year's parade had great weather, everything went perfect and he got to wave at people from 85 feet in the air in a skybox. CITY MANAGER'S REPORT City Manager George Hoffman commented on the progress of House Bill 2826 in the legislative session and a note from the Lost Dutchman Committee thanking the explorers for their assistance in the Lost Dutchman Marathon. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR CIRCLE K #3444 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Kim Kwiatkowski addressed the council. Mayor Insalaco asked if they were changing the license. Mr. Kim Kwiatkowski stated they purchased the site. Vice Mayor Dietz asked if he would be running the store. Mr. Kim Kwiatkowski stated the corporation will be running the store.He will not. were changing the license. they purchased the site. would be running the store. 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 REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 3 OF 44 council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR CIRCLE K #3444, SUBMITTED BY KIM KWIATKOWSKI, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 7 LIQUOR LICENSE FOR ELVIRA'S MEXICAN RESTAURANT/APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR ELVIRA'S MEXICAN RESTAURANT )City Clerk Kathleen Connelly briefed the council on the items. Councilmember Smithson asked what the difference is between the 7 and the 12. City Clerk Kathleen Connelly stated the fees they pay the state are different.The 7 is readily available, the bar and restaurant licenses are done through a lottery system through the Arizona Department of Liquor Licenses and Control.There are a limited number of the 12 that are issued throughout the state.She believes they are restricted by county.It has to do with not just the type of alcohol, but the percentage of food versus bar. Mayor Insalaco requested the applicant address the council. Ms. Carmen Burgess, manager of the restaurant, address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 4 OF 44 Vice Mayor Dietz commented he cannot wait to see what Eddie is going to do with that place. Ms. Carmen Burgess stated they are very excited as well. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 7 LIQUOR LICENSE FOR ELVIRA'S MEXICAN RESTAURANT, SUBMITTED BY EDDIE VALDEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR ELVIRA'S MEXICAN RESTAURANT, SUBMITTED BY EDDIE VALDEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-06, RECOMMENDING EXPANSION OF THE APACHE JUNCTION FIRE DISTRICT BOUNDARIES )City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 5 OF 44 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.He asked if this is the El Dorado Mobile Home Park. City Clerk Kathleen Connelly stated it is. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RECOMMENDING THE EXPANSION OF THE APACHE JUNCTION FIRE DISTRICT BOUNDARIES TO ALLOW THE APACHE JUNCTION FIRE DISTRICT TO PROVIDE FIRE PROTECTION SERVICES TO EL DORADO MOBILE ESTATES LOCATED AT 202 NORTH MERIDIAN ROAD, MARICOPA COUNTY, APACHE JUNCTION, ARIZONA, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-07, AUTHORIZING THE CITY TO ACCEPT MEMBERSHIP IN THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST )Assistant City Manager Bryant Powell briefed the council on the item. Mr. Jim Loeb commented there are three questions they had last night.One question was what the coverage limit would be per employee under the plan.It is unlimited.There is no limit on the amount of health care. Another was what the specific stop loss limit would be and the coverage of above.That is also unlimited.The third question was what the aggregate coverage limit would be.That is one million dollars. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 6 OF 44 Councilmember Smithson asked him to explain that further. Mr. Jim Loeb stated normally they set what is called an aggregate limit so that if they have multiple catastrophic losses, they are all added up and then are aggregated and there would then be a cap on that.There would be two safeguards.One is a specific loss limit at $125,000. If they have multiple catastrophic claims under the $125,000 plus the run of the mill claims, it would be added up to a set amount which is an aggregate amount loss limit.The losses would be stopped there with one million dollars coverage.They normally set the aggregate loss limit at 125% of expected claims.The underwriters would take the demographic data of the pool and they would probably look at the rates that the pool was set for the group and then they would provide a quote for a premium charge to set an aggregate limit.They will peg that at that time.We will not know that limit until they have completed the enrollment in the plan. Councilmember Smithson asked how far above that do they have to go before we get the unlimited coverage on the stop loss if that is exceeded. Mr. Jim Loeb stated there is one million dollars of aggregate loss limit.If everything went sour, anything above that one million dollar safeguard would potentially come back as a potential assessment on the pool members for any surplus that is in the pool at that time. Councilmember Smithson asked him to explain the unlimited aspect of the other two and what the impact of that is. Mr. Jim Loeb stated the only worry they would have would be the $125,000.It is a specific loss per member per year; anything above that the carrier would take.It is unlimited coverage. City Manager George Hoffman stated what is unlimited is for the individually insured person. Their coverage is not limited. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 7 OF 44 Mr. Jim Loeb stated that is the lifetime. City Manager George Hoffman stated they are talking about multiple things.They talked about what the coverage is for individual employees and they talked about the system. Councilmember Smithson commented our exposure is unlimited in the worst case scenario. Mr. Jim Loeb stated in the worst case scenario they have two safeguards but he is correct. Councilmember Smithson commented he does not understand the odds of that but he can only guess. City Manager George Hoffman asked if the pool's exposure is unlimited.The pool's exposure is $125,000 per individual's claim and $1,000,000 aggregate. Mr. Jim Loeb stated the one protection is the $125,000 and then there is insurance above it that is unlimited.If it is a $5,000,000 claim, the cap is $125,000 during that one year period.But if they have multiple claims that were $100,000 each or something, plus all the other claims and that added up to some figure. Councilmember Barker asked if he was talking about a single year period. Mr. Jim Loeb stated that is correct.If their bucket of money exceeded 125% of their expected losses in that bucket, then there is another $1,000,000 in insurance that would come above that to stop that. Councilmember Smithson commented our exposure is above $1,000,000 of the whole system. Mr. Jim Loeb stated the expected losses, the specific stop loss over here, then the REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 8 OF 44 aggregate stop loss over here, and then for another million, and then above that million is their exposure. Councilmember Barker thanked Councilmember Smithson. Mayor Insalaco thanked Councilmember Smithson for asking those questions.It cleared all of them up.He then 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 Smithson MOVED THAT RESOLUTION NO. 12-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ACCEPT MEMBERSHIP IN THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF TRAIL OF FLAGS CONCEPT IN DOWNTOWN ) )Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Smithson asked him to show the area where the flags will be again. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 9 OF 44 Assistant City Manager Bryant Powell showed the area on the screen. There was general discussion as to where the flags are. Assistant City Manager Bryant Powell continued with the briefing.He asked if they wanted to go with the service flags and flying the POW/MIA flag with the United States flag.They will be coming back on April 2 for a potential resolution. Mayor Insalaco commented there will not be any city money used on this.Nick Blake, Janine Solley, Dave Waldron and he got together and contacted the service organizations.He and Dave went to VFW Post 9399. The total cost is $8,000 for the poles, flags and lighting. They wrote a check for $2,500 that night.He will receive another $2,500 check Thursday from the American Legion.Dave is working on VFW Post 7968.They should be getting another $2,500 from them.Basically everything will be paid by veterans' organizations.There will be no city money.They want to know what days the flags will be flown. Assistant City Manager Bryant Powell asked if the council would like to maintain the current schedule for the existing Trail of Flags. City Clerk Kathleen Connelly commented she is drafting the resolution and some of what they want done at this location will be included in the resolution. That is why Bryant is asking these questions.She asked if they want all of these flags there. The consensus was they want all the flags there. Councilmember Serdy commented there are already an American flag and an Arizona flag at the focal point.There will be two Arizona flags if there is one on both sides.There is the option of the POW flag.He suggested it be over there constantly since there is already an Arizona flag across the street. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 10 OF 44 Mayor Insalaco commented the POW flag flies below the American flag.That is the whole idea because the flags on the Trail of Flags going down Apache Trail are starting to deteriorate.This way they will be up all the time.They go through two or three flags a year. Councilmember Serdy stated he misunderstood.There will be flags on both sides.He asked what the status is of the state flags that sometimes fly down Apache Trail. Mayor Insalaco commented so many of those are gone.Nick Blake said they go through two or three flags a year. Councilmember Serdy commented it is another one down the road.They could bring it back someday. Mayor Insalaco stated that is correct.Right now they are not going up because so many of them are gone due to being ripped up. Vice Mayor Dietz commented in the future with the new landscaping that will eventually be done from Phelps west to Meridian, he does not know if those will fit in. Councilmember Serdy commented they were so sparse before one lost track of them even when all 50 were out.If they could do them someday between Idaho and Phelps it would have more of a visual impact by seeing them all there.However, it might be too cluttered to do 50 there. Mayor Insalaco commented that is a lot of flags. Vice Mayor Dietz commented he would hate to take away from all the landscaping and art they are going to have in there from Idaho to Phelps. Mayor Insalaco stated the problem is the amount of time it took to put the flags up.It REGULAR MEETIi\1G OF THE CITY COUNCIL MARCH 6, 2012 PAGE 11 OF 44 took 4 to 5 men three to four hours to put the flags up and then again to take them down, rolling them up and storing them.It took a lot of city effort that we do not have now. Councilmember Serdy commented that days like today are the days when the flags would get ripped to shreds. Mayor Insalaco commented the women's auxiliary of the American Legion, the VFW, and Dave has been talking to the state vice commander, are going to be supplying the city with replacement flags.They would like to see them flown all year long. Assistant City Manager Bryant Powell stated part of this discussion was to get direction.The first question is if they are okay with the concept of seven flags and that it be these seven. The consensus of the council was they were. Councilmember Barker stated the second one was dates.She asked if they were talking about them being up every day. Mayor Insalaco stated he is only going by what these people said.They are the ones putting the money up.And they are willing to supply the flags. Vice Mayor Dietz commented he thinks they should be there every day. Mayor Insalaco commented Nick had said the middle of June, July and August, when the winds hit, is when most of the flags get ripped apart.They should take them down those summer months and just put them up on Flag Day and the Fourth of July. Councilmember Serdy asked if there will be lighting on all of them or just the United States flag. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 12 OF 44 Mayor Insalaco stated there will be lighting on every pole.Every flag will have its own light.They have already been ordered. Assistant City Manager Bryant Powell stated the infrastructure is in.The poles can have lighting and they have prepared for that.If the direction and will of the council is to propose a new schedule for this concept to go ten months of the year, they would prepare the resolution to do that. The consensus was to proceed. Assistant City Manager Bryant Powell asked if they wanted to maintain the name of Trail of Flags since it is changing or if they wanted a new name. Councilmember Barker suggested they might want it to be part of the focal point. Assistant City Manager Bryant Powell stated they might want no name at all. The consensus was no name at all. Mayor Insalaco commented the only thing the veterans are requesting is they put up a plaque along with the flags and poles. Assistant City Manager Bryant Powell stated the next question was a permanent plaque.They can work on that to make it very similar to what is on the new art here.The next question was if council would like to budget general funds money or try to raise the funds.For an initial set and a replacement it is about $824.He estimated $400 per set and, depending on the year, it could be 3 to 4 sets per year.They would need to budget $1,200 to $1,600 either in the general fund or they could look to our veterans' groups. Mayor Insalaco commented they are already willing to do that. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 13 OF 44 Councilmember Barker commented she would like them to set aside some funding for one set of flags just in case. Assistant City Manager Bryant Powell stated they could be responsive if needed. Vice Mayor Dietz commented they would just be a back-up. Assistant City Manager Bryant Powell stated they will do that. Vice Mayor Dietz commented it would be just in case for whatever reason. they would just be a back-up. Powell stated they will do that. Mayor Insalaco commented a marine said something to him about driving by there and seeing the flag torn apart.There are a lot of veterans in this community. Councilmember Barker stated this will help cover them in case something comes up.They will not feel bad about seeing that.We will have them covered. Assistant City Manager Bryant Powell stated they will present a draft resolution on April 2. He commented they are moving forward with the concept of 7 flags. Councilmember Barker MOVED THAT YES TO NUMBER ONE AND NUMBER TWO, THEY FLY THEM DAILY WITH THE EXCEPTION OF THE MONSOON SEASON AND THE FOURTH OF JULY AND MEMORIAL DAY, DO NOT NAME IT ANYTHING, LEAVE IT THE FOCAL POINT, SET ASIDE ENOUGH FOR ONE SET OF FLAGS OUT OF THE GENERAL FUND AND WORK ON THE PERMANENT PLAQUE. Vice Mayor Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly asked to clarify that she said to fly them daily except for monsoon season. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 14 OF 44 Councilmember Barker AMENDED THE MOTION TO THE FOURTH OF JULY; FROM MIDDLE OF JULY TO THE END OF AUGUST. Mayor Insalaco stated that is about when the monsoon season hits. Councilmember Barker commented it will kind of be up to Nick when he thinks that is done. Vice Mayor Dietz suggested excluding July, August and September, except for the holidays. City Clerk Kathleen Connelly stated she is looking for something specific because staff may ask what the council meant by that. Councilmember Barker AMENDED HER MOTION TO STATE JULY 1 THROUGH SEPTEMBER 15 EXCEPT FOR JULY 4TH AND LABOR DAY. Assistant City Manager Bryant Powell stated he wanted to make it clear that the Trail of Flags as the city has had will no longer be there. Councilmember Barker asked to clarify something.On question five he has permanent plaques recognizing all the community's veterans and our appreciation for their generosity and sacrifice.The mayor said that the one thing that was asked for were plaques for the organizations that contributed to this. Mayor Insalaco commented the way they had talked about it, flags and poles would be donated by the veterans' organizations of Apache Junction:American Legion Post and their number, VFW Post and their number and so forth.The amount of letters do not add up to that much. Vice Mayor Dietz suggested they just make a larger plaque in order to recognize all the veterans in the community. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 15 OF 44 Mayor Insalaco commented there are organizations that will not be donating. Vice Mayor Dietz MOVED TO AMEND THE MOTION TO WHERE THEY STILL WANT TO RECOGNIZE THE VETERANS IN OUR COMMUNITY.HE WOULD LIKE TO RECOGNIZE ALL OF THEM FOR THEIR SACRIFICES.BUT THEY SHOULD ALSO HAVE A SPECIAL THANKS TO THE VFW POSTS AND THE AMERICAN LEGION POST FOR THEIR DONATION. Councilmember Barker ACCEPTED THE AMENDMENT. Assistant City Manager Bryant Powell stated they will propose a draft language for them to look at. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC ART FOR OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT )Business Advocate Janine Solley briefed the council on the item. Councilmember Wilson commented he liked Mr. Coplin's ideas, especially the lighting of them. Councilmember Barker stated she was concerned about the cost.We are looking at $30,000 if we are to do three of them. Vice Mayor Dietz commented he would like to see some other options. Councilmember Smithson agreed. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 16 OF 44 Mayor Insalaco commented that is $30,000.That is a lot of money; a lot of taxpayers' money. Vice Mayor Dietz commented he is not saying they should not do it, but he would like to look at some other options. Councilmember Serdy commented he thought they were $8,000. Councilmember Barker commented they are $10,000 apiece. Councilmember Serdy commented he thinks everybody liked the concept, but it is a matter of where the money is coming from.They need to explore getting some kind of arts commission.Whatever they do here, he would like to move forward with doing that in the future.He asked how the last group got put together. Business Advocate Janine Solley stated they utilized SACA to actually help them to understand how other communities procure art.It was typically through a call to the artists process.After doing some research, she found that is how many communities do that. Councilmember Serdy commented the selection committee was the chamber, herself and several others. Business Advocate Janine Solley stated there were people from the business community through the chamber of commerce and they also had the school district.They had a longtime local area artist on the committee.There was also a SACA representative. Councilmember Serdy commented the committee was very useful.If they had something like that in place, they could call on it in the future.SACA is very useful.He has heard in the past they are kind of exclusionary. He would like to have it made known that they are not exclusionary.If they put together a commission like this it would not be exclusionary.All the independent artists would be REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 17 OF 44 able to give input as well.He suggested they look at putting together that commission for the future. City Attorney Joel Stern asked if he meant they would be creating the commission or if they would be directing the city manager to create the commission. Councilmember Serdy commented he just wanted to have it looked into to bring it back for future council discussion. City Attorney Joel Stern asked if he is looking for an independent commission that would then recommend to the council or would they have their own authority. Councilmember Serdy commented that is what they want to discuss. City Attorney Joel Stern stated it is something to think about. Mayor Insalaco commented he sees where he is coming from. Vice Mayor Dietz commented in the meantime he would like to keep with these designs but also look at some others to see if there is anything else out there. Councilmember Smithson commented it is partially because of the cost that he would like to have some other options to look at, or future ones, rather than to commit to those three. Business Advocate Janine Solley asked if they wanted to set a budget per pedestal.When they went out to the calls to the artists they did not have any monies identified.They were seeking some grants.They let the artists tell them what their concepts and sculptures would be. Mayor Insalaco commented they had no idea what money the city had. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 RAGE 18 OF 44 Business Advocate Janine Solley stated that is correct. Councilmember Barker asked if they have any idea what the going rate is for the type of art they are looking for.They have had one person tell them one price.She asked if there is anything to compare this to at all. Business Advocate Janine Solley stated the flat iron art sculpture cutouts that the city originally looked at in Nick's conceptual drawing would be about $10,000 for all three. Assistant City Manager Bryant Powell stated he believes that is how they got the first idea of setting a budget. Business Advocate Janine Solley stated that is correct. Councilmember Barker commented they were originally looking at a $10,000 budget for the entire thing. Assistant City Manager Bryant Powell stated that was based on the iron art. Business Advocate Janine Solley stated at the time they put the budget together it was before we were going to get grants.It was done last spring. Councilmember Serdy asked if they could tentatively approve this art with no city money. When the money gets raised by alternative methods they could go ahead and purchase one at a time.We just discussed the flags. That money came from group organizations.A lot of art all over the world is not paid for by municipalities.It is done by philanthropists and groups.Maybe the first $10,000 gets raised in three months, maybe it takes another year to get the next. Maybe something happens and a donor donates in one week.He asked if there is a way to do that and not use any city money. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 19 OF 44 Councilmember Barker asked if he meant not looking at any alternatives at all and just going ahead and taking this one. Vice Mayor Dietz commented he wants to forget anything else and just go with Coplin. Councilmember Serdy commented they already have the group that narrowed it down.They spent a lot of time.He does not think people realize how much time they spent.We were this close to voting on this before but we found out it was not quite legal to do so. Councilmember Barker asked what other pieces of art had been offered. Business Advocate Janine Solley stated five artists submitted. Councilmember Barker commented she did not recall seeing them. Business Advocate Janine Solley stated they did not see them at all. Vice Mayor Dietz commented all they saw was the one. Business Advocate Janine Solley stated it was the one selection that the committee recommended.Of the five the committee interviewed two of the artists to get more information.They ultimately came to the consensus that it would be Mr. Coplin's concept.It was the one that everybody gravitated towards.That was the option they brought to you.They did not have a formally sanctioned process; it was just getting that first input on these concepts. As they have moved forward, they have learned what methods they can put in place so that it is a more predictable process for the next time. Councilmember Serdy commented she is the only one here that saw all the submissions. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 20 OF 44 Business Advocate Janine Solley stated that is correct. Councilmember Serdy asked what the reasoning was behind keeping it such a secret. Business Advocate Janine Solley stated she did not necessarily believe that the intent was to keep it a secret.That is how the process works in other communities.They typically go through a selection process. Even if there is an art commission in place in other communities, that is not the body that reviews the art pieces. They actually appoint committees for each particular project. If it is a neighborhood piece of art going in at a bus station or something they form a committee of a neighbor and a business nearby.That is who actually reviews the art pieces that come in.That committee makes the recommendation to the art commission.The councils in the larger communities do not even see the public art unless it is a contract that has to be approved if it is over a certain dollar amount.They just used the process that is pretty standard on selecting art.They did not intend to not share anything with the council.If the council would like to see those she would be happy to do that. She would caution them that with some of the contacts she has had, they might not want to necessarily put themselves in the position of publicly judging art that comes before them. Councilmember Serdy commented maybe they should leave the options open.He thinks that sometimes art can be on loan.If there is an extra pedestal and they have an opportunity for someone to donate something for a year but it would still belong to them, then that would be something for a future discussion.He thinks the ones in Mesa work that way. City Manager George Hoffman asked if those are the ones at city hall. Councilmember Barker stated that is correct. Councilmember Serdy commented this would be on a grander scale and for the next year there REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 21 OF 44 would be something in front of Phelps.There will be more pedestals down to the west. Vice Mayor Dietz commented there are three now in the median.They have the one where the quail was on Phelps. Business Advocate Janine Solley stated it is a fabulous idea and they do that at city hall.It is much easier to hang a piece of artwork on the wall. Councilmember Barker commented that is inside and you control the traffic that goes by it and the fact that it stays there and does not walk away. Business Advocate Janine Solley stated the size and scale of those pieces would require them being put into the ground properly so that they would not blow over when the wind storms come.They are lit and the lighting may need to be changed. Vice Mayor Dietz commented they need to be solid. Councilmember Barker commented they are someone else's property if they are talking about loaners.Another consideration is how labor intensive that would be.She does not know and added look at what happened to the quail.It got damaged badly. Vice Mayor Dietz commented it was damaged a few times. Councilmember Serdy commented it was made out of paper. Mayor Insalaco commented he was speaking for himself, but they live in the West and personally, he likes the iron art, especially if they can get three for the price of one.He thought what Nick had done was great.What Mr. Coplin brought up was beautiful, but it is hard for him to swallow $10,000.With all the other things they need REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 22 OF 44 and have to get done here, to put $30,000 in the middle of the highway is tough for him to swallow. Vice Mayor Dietz asked if there was any other iron art presented. Business Advocate Janine Solley stated there was. Councilmember Barker commented Councilmember Serdy is talking about not having it come out of the city pocket which sheds a different light on this. Councilmember Smithson stated it will be there if they get three times the amount. Councilmember Barker commented it seems like they are going about this backward. They ought to be talking about how they are going to fund it first.The way it is funded will determine what else we want to do.If it is city funded it will go one way.If it is privately funded then it can go another way.That is the first thing that needs to be tackled. Business Advocate Janine Solley stated she had that in there somewhere. Councilmember Barker commented she does.It is the fifth major category. Business Advocate Janine Solley stated they can budget for it.They can have staff research and explore different public art grants and other possible funding sources.They can also ask some other interested groups that might want to participate, such as SACA or the Friends of Apache Junction or the Focal Point Tourism Committee, seek out art.The beautiful burro and miner out front is the direct result of the work of members in the Focal Point and Tourism Committee.That is an option.It is a choice of which group they want to have do that and who takes the lead. If they do opt for this, then funding is a different story.If they are looking for dbnations of existing art, then they need REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 23 OF 44 to consider who will be on the selection panel for that.If a piece of art comes in, then they need to determine who decides the city will take it. Councilmember Serdy commented it would be nice to have all these groups help.There could also be others out there that might want to help. Mayor Insalaco agreed. Councilmember Serdy asked why they should limit it to one group and added one could coordinate. Councilmember Wilson asked if the SACA group is a group of artists. Business Advocate Janine Solley stated that is correct. Councilmember Wilson asked what their experience is in working on public art. Business Advocate Janine Solley stated she is not real familiar with what they do.She knows they do the Superstition Area Cultural Alliance Art Festival at Central Arizona College.They arrange the Tour of the Artists.They are a membership -based organization that is comprised of local area artists of different mediums. Mayor Insalaco asked what the council desires. Councilmember Barker commented if these groups are interested in doing some kind of fundraising, then it would behoove the council in order to get public involvement and public enthusiasm to go for this option. She asked what avenue would funds would go through; set up a special account or something or do they go through Friends of Apache Junction as they did for the centennial. City Attorney Joel Stern stated it would be advisable to set it up through the Friends of REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 24 OF 44 Apache Junction and have a special account with them for public art only.They take donations for other reasons.They would want to have a separate fund.They can do that. Councilmember Barker commented they set up a separate account with Friends of Apache Junction.Friends would act as the fiduciary for this. City Attorney Joel Stern stated they can do that. Vice Mayor Dietz asked if they could have staff look into art grants in the meantime for other possible funding sources. Councilmember Barker commented if they are going to have a variety of groups doing this they definitely need a lead person or group.She asked how that would be worked out, if it would be a staff person and how much time would that person be expected to allot for that. Sometimes these can become overwhelmingly time consuming that the staff person is no longer a staff person.They become that huge group's person to drop everything they are doing for the city to do those things. City Attorney Joel Stern stated that is an allocation of resources issue that the manager can address.It depends as they talked about several things. If they want to do a committee and just have volunteers, then they can do that.If they do that there could be an open meeting law qualification that would require additional staff. There would be meeting times, agendas and notices; all that comes into play.If they did not want to do that and they just want the city manager to go find a bunch of people to have on the committee, then they do not have the open meeting law issue. But it takes away some of the independence of a committee. Other cities have these art commissions and Janine has been talking to the other cities about how those are run.Those are larger cities where they have more resources.It depends on what they want to do.They have options. Councilmember Barker asked the city manager to address this. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 25 OF 44 City Manager George Hoffman stated one of the issues that they are wrestling with at the staff level in the grants area is the proper level of staffing for that area of operation.Some of the local projects that are of high interest, such as this one, with grants ranging in the $10,000 to $30,000 in the scope of tonight's discussion, have a lot of community passion.Yet they compete for our staff's time with grants that have more zeroes and decimal points out to the right.We try to balance those and we are wrestling on how best to do that.There was a councilmember last year who encouraged them to augment staff because they do generate revenue.They brainstormed today and he asked Roger to explore whether they are commission based or hourly external so that they do not have to add a full time staff member but maybe we could augment our grant writing resources. Councilmember Barker asked if they could get a grant writing intern. City Manager George Hoffman stated interns are highly useful and interns can sometimes result in a need for investment in time.He and Bryant had this conversation today.It is something they are currently working on as they contemplate the budget.They are thinking about those issues.He has not answered her question directly because he does not have a direct answer. Councilmember Barker asked how it could be couched in such a manner that we would not eat up so much staff time that we would not lose a staff person over it if this council were to give direction to staff tonight that a variety of groups be involved in possible fundraising for public art. City Manager George Hoffman stated perhaps it would be direction to staff to reach out to the groups and explain that they would like them to have a high degree of autonomy in doing this and dialogue with them on whether they feel that is achievable.Staff would then report back to the council.A related question he has is that he feels it would be easier to raise money if they say they are raising money to buy this as opposed to they raise money and they will buy water.It is more abstract.They are saying they want to REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 26 OF 44 buy some art as averse to saying they want to buy this piece of art. Councilmember Barker commented she thinks she found that last year that is not necessarily true. City Manager George Hoffman stated there is some success in saying they want to light trees in the downtown and we did it. Councilmember Barker commented she thinks she is reaching for a solution that will accommodate a continued effort to get some artwork for downtown without jeopardizing staff time or the budget.That might be direction to staff. City Manager George Hoffman stated she could ask them to reach out to the entities to have dialogue with them to see about their willingness, interest and capacity to fundraise at a relatively autonomous level for art for the three pedestals in the downtown. Councilmember Barker stated that would be the first thing they do before they even made decisions on any of the rest of it.If they came up not terribly interested to do it on an autonomous basis, then that would squelch the whole idea. City Manager George Hoffman asked if they knew if there was at least one group willing to take this on. Councilmember Barker added and do it, not demand staff do it. Business Advocated Janine Solley stated she has talked to a lot of people who stated that having a master plan on their art concepts and projects is extremely helpful especially when getting grants.If we had a plan showing people what we intend to do we are more likely to be successful. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 27 OF 44 Councilmember Wilson commented if they have something to show that this is what they are working towards, then it will be more helpful in the attempts to get it, instead of just coming out with a general idea.On the trees, everyone could visualize the lighting of the trees. They were selling an idea that people could visualize. Business Advocate Janine Solley stated they are actually a little further along on this project as it is already built.They have the pedestals. Councilmember Barker stated the visualization is putting something up there. Mayor Insalaco commented as long as there are no coffee pots or flower pots like they had on the freeway. Councilmember Barker commented if they could move forward with Mr. Coplin's idea and sell that idea that those sculptures are what would be going in but they need $30,000 to do it, then that would be the goal. They would have a visual project with a goal to reach. Councilmember Serdy commented they could break it into thirds since there are three pieces. They could go for one and see how it goes.One of them would not clash with anything future because they all relate - the Indian, the cowboy and the miner.We all want that western theme. Vice Mayor Dietz commented it would be nice to get the section from Idaho to Phelps completed so they could move on with planning westward.He would hate to have to wait three years for funding to come along to get the three pieces of art in that section. Councilmember Barker commented she would summarize that what they are saying is go for one from Mr. Coplin that we can see and show pictures of and show that is what they are looking for.They want to raise REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 28 OF 44 $10,000 to get this piece of art.She asked if that is what he is saying.She asked if that is where they are going. Vice Mayor Dietz commented if they are going with Coplin's art, then they should go for $30,000 and get three pieces and get it done. Councilmember Serdy stated it is easier to bite off a little chunk. Mayor Insalaco agreed. Vice Mayor Dietz commented it will be easier to get $10,000 than it will be to get $30,000, but you put a goal out and you go for it. Councilmember Serdy commented once people see the first one and decide they like it, it would be easier to get the second one and the third one. Vice Mayor Dietz commented as the money comes in they get the first one up and then we continue. Councilmember Barker commented that is a good point.If they go for one and they put it up and it is there, they can say see that, they want two more.They would like to now have a drive for number two and then later on they would like to have a drive on number three. Councilmember Serdy commented all of them are so completely different there could be some corporate sponsorship on all of them.The miner, they have the copper mines.They could go after that.The different cowboy and western groups could go for the cowboy.The Native American groups could go for the first one.They could even split up each one for different fundraising activities. City Manager George Hoffman stated if they get the direction to go for the three, some of these entities have long funding cycles.For example, the miner; it is not the first project.The first project was the Apache.If they have articulated in their vision the three, REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 29 OF 44 then they could broach the concept of the miner with the mining companies now.They might say they have already made their budget decisions for 2012-13 but if they put their application in they might consider it for 2014.Because they have established that now, they could have an 18 month lead time. While the vice mayor would like to see it all soon, if they articulate their vision now they can work them in parallel and obviously put the most attention on the first one, the Apache. Vice Mayor Dietz commented they might have a good opportunity to get some grant money from the reservations and their gambling funds.We have taken advantage of that and gotten quite a few. Mayor Insalaco commented they already have $2,000. Councilmember Barker commented in reality they only have $8,000 more to raise for the first one. Councilmember Serdy asked if they have a lot of projects on the books like the rodeo grounds. It is already plotted out; the designs are there.It is just that they have no money.When they get the money they will do the next piece and the next piece.They could leave this open- ended like that. City Attorney Joel Stern stated he wanted to remind them that there is a deadline on the $2,000.He believes it is September. Councilmember Barker commented they want to get the Apache funded by mid- to late summer so that the $2,000 gets used. Business Advocate Janine Solley stated Roger informed her there may be some sensitivity to putting the Apache in with a different tribe donating the funding. Councilmember Barker commented that is true.They need to think about those things. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 30 OF 44 Business Advocate Janine Solley stated it might be used for a second sculpture as for the miner. Mayor Insalaco called for a motion. Councilmember Barker asked if she include in the motion the acceptance of Mr. Coplin's concept.That is question number one. Mayor Insalaco commented it looks like the council is leaning that way. Councilmember Barker asked if she include in the motion that staff reach out to various groups to be sure they are willing to autonomously take this project on. The consensus was yes. Councilmember Barker asked if she also include going through Friends or should they leave that for the moment. City Manager George Hoffman stated he would subsume that in her direction.It would be implied that staff approach them. Councilmember Barker commented that it is then the implication they would approach Friends to act as the fiduciary of this money. Councilmember Serdy asked how much is for the construction of the Coplin concept and how much does he get.He would like the breakdown.He asked if they could shop around the construction and would it be more for him or less for him.He asked how that was handled by the committee. Mayor Insalaco commented he thought the material he was using was very expensive. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 31 OF 44 Business Advocate Janine Solley stated the material was about $6,000 per piece.It is a fiberglass material. Councilmember Serdy commented he wanted to make $4,000 per piece. Mayor Insalaco commented it is just a piece.It has to be cut out and it is not easy stuff to cut. Business Advocate Janine Solley stated he had fiberglass computer image cut out, site preparation, delivery and installation costs, liability insurance for a subtotal of $25,000 for three pieces with an artist's fee for all three pieces of $5,000. Councilmember Serdy commented he does not go ahead and have it made.The city has it made. Councilmember Barker commented he makes it.The city will not be responsible for anything. Councilmember Serdy commented he will construct it himself. Business Advocate Janine Solley stated the city has offered aid with the base the structure will sit on, which we had always intended even if it were iron art.We have one designed. Councilmember Serdy commented we turn over a check to him and he makes it and then we pick it up and put it out. Business Advocate Janine Solley stated we would enter into an artist's contract with him. City Manager George Hoffman commented he is confused about the concept of acquisition and who would be acquiring the art.They ran into this issue on purchasing before.If the private sector did the fundraising, REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 32 OF 44 the question would be can the community foundation then purchase it and give it to us. City Attorney Joel Stern stated as long as it is not city or public money. City Manager George Hoffman asked what if it is grant money. City Attorney Joel Stern stated if it is a city grant, in the name of the city and not the other group, then that could be a problem. Councilmember Barker commented they just had the thing six months ago that allowed grants from non -profits to go through the city and the city was just the pass through.Friends is a non-profit organization. City Attorney Joel Stern stated it is. Councilmember Barker commented they could utilize that process. City Attorney Joel Stern stated he would have to look at that document again but he believes that is correct.It is a pass through and he remembers doing a pass through. Councilmember Smithson stated it was designed that way. City Attorney Joel Stern stated that particular grant was designed that way.He remembered the pass through language. Councilmember Barker commented they passed language that allowed the city to become a pass through for a non-profit organization for grants. Vice Mayor Dietz commented he was asking about the $2,000 that we did receive. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 33 OF 44 Assistant City Manager Bryant Powell stated he and the city clerk were just talking about the Friends and a significant part of the Friends is led by Roger Hacker. Councilmember Barker stated there would be a terrific amount of staff time.That was one of the reasons why she wanted to bring out the fact that whoever does this has got to realize that they cannot utilize staff on a constant basis.If that occurs then they lose staff members who should be doing city business. Councilmember Serdy suggested the motion be written to say that they will accept these pieces of art if someone donates them to the city.It would be this particular art as it is an approved concept.SACA also has the same capabilities as Friends.They can take donations as well and it could be channeled through there which would not take staff time.He asked if they could just approve that, they like the concept, and if someone just gives it to us, we will take it. Councilmember Barker asked if they are a non-profit. Councilmember Serdy stated they are. Business Advocate Janine Solley stated they are and Tess is on their board.They are more than willing to help us. Councilmember Barker commented that would settle the staff issue. City Attorney Joel Stern stated if they put it the way that Councilmember Serdy just stated that they can accept donations, that would work. Councilmember Serdy commented they would be approving this western art and if someone comes and gives this concept to the city, the city will take it.If REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 34 OF 44 they come to us with teapots, we will not take it.It is not what we approved. Councilmember Barker commented they can eliminate everything else but just having these folks do this.They would decide on the procurement, they would decide on everything.The council does not have any hand in the pot. City Attorney Joel Stern stated they are donating it to the city. Councilmember Barker asked what the direction to staff would be. Councilmember Wilson asked if they would need to have specific requirements, such as the pedestal that it sits on. City Attorney Joel Stern stated there are some structural issues.For example, the one in the courtyard here; there were some structural issues that the actual donor wanted to make sure we had in place.As a total donation, that did not take too much city personnel time. Mayor Insalaco commented it was done in a few hours in the morning. Councilmember Serdy commented the $2,000 already there could be used towards the pedestals and the trucks.Nick's crew will have to pay for this.It would not be offensive if it is used partly for the miner and partly for the cowboy. Councilmember Barker asked why there has to be direction to staff except for the city to be allowed to accept donations. Councilmember Serdy commented they have to approve that they want this art. City Attorney Joel Stern stated they want the manager to know what their intent on public REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 35 OF 44 art is.That is why he is seeking direction.They did not have a true direction before. Councilmember Barker stated our intent is to solicit donations of western art for the pedestals in North Apache Trail.She asked if that is correct. City Manager George Hoffman asked if it is western art or is it Coplin art.There is a difference. Mayor Insalaco commented it is Coplin's western art. City Attorney Joel Stern stated he did not think they should call it Coplin art. Councilmember Barker agreed and added that limits the possibilities. Vice Mayor Dietz suggested the art that was presented to them at the December 5, 2011 work session. City Manager George Hoffman stated he was confused as to why they are seeking to avoid saying that they want his stuff.He asked if they want his stuff. Mayor Insalaco commented it looks like the indication is yes. City Manager George Hoffman asked if he was missing something. City Attorney Joel Stern asked if they want his concept or his actual work. Councilmember Barker stated his concept. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 36 OF 44 Councilmember Serdy stated someone could take his concept and steal it and they would then have a lawsuit.He could not make his Apache. Councilmember Smithson commented if they are going to take it, they take his art.They take his art and let him do it if they are going to do it with him. Councilmember Barker commented then they are asking an organization to buy that specific art basically.They buy the art and give it to the city. Councilmember Serdy commented the city would then say that it will accept the art. stated that is correct. long as it is not a teapot. stated that is correct. City Manager George Hoffman Councilmember Serdy stated as City Attorney Joel Stern Councilmember Smithson stated that art is not a teapot.It is fairly specific what it was. They saw it. City Attorney Joel Stern stated unless the city wants to buy it and then it will be a procurement.They can do that, too. The consensus was they did not want to do that. Councilmember Barker asked again how they want the motion worded as it has gone around in circles. City Clerk Kathleen Connelly stated she has run out of room. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 37 OF 44 Councilmember Barker commented the council would direct staff to accept donations from any non-profit organization of Mr. Coplin's art. Councilmember Serdy asked if they could say acceptable western art. Councilmember Barker changed it to acceptable western art.She asked if that would be okay. It leaves the door open if something else comes along. City Manager George Hoffman commented there could be a local iron art producer. Councilmember Barker commented he could come up and SACA could say they love it. They are making the buy. Councilmember Serdy commented they would already have this open-ended acceptance of this nice art. Councilmember Barker asked if it is too wide open. City Manager George Hoffman stated from a staff perspective, and possibly not the council perspective, when one sees what Nick Blake does and the way he tends to approach projects, it is a cohesive vision and concept, not they will just take whatever might happen our way.He pauses to vision and then they construct it and fund it.If they apply that same approach, they would articulate the clear vision for their art.If it is Coplin art or not, then they will seek to go out, partner with the non -profits and ask them if they are willing to take on this challenge.If they are there will be a fundraising effort.If they are successful and they purchase it, the city is telegraphing to them that there is prior council authorization to place that art. Councilmember Barker commented that works. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 38 OF 44 Vice Mayor Dietz asked if he could ask a question of someone in the audience. City Attorney Joel Stern stated he could not as this is not a public hearing. Councilmember Barker commented she thinks that what the city manager just said would work.She commented he had two seconds up there. City Manager George Hoffman asked Janine if that was giving them the sense at the operational level that she needed. Business Advocate Janine Solley stated she believed so. City Manager George Hoffman stated there are other long term questions. Business Advocate Janine Solley stated that is correct and she is assuming that SACA would be agreeable to doing that.That would take the burden off her.They would have the assignment and the task. City Manager George Hoffman stated they would reach out to the foundation and see if they will service the fiduciary and lots of details. Vice Mayor Dietz commented there is no approving. City Manager George Hoffman stated there are lots of operating understandings that it is good to have.He thinks from a staff point of view, we would assume, believe and understand that that would be how this would come to be in existence.We would be doing a portion of that work as Janine described. Business Advocate Janine Solley stated as long as it is all donations and it takes the procurement process out of it, that is less that staff has to do. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 39 OF 44 Councilmember Barker commented she thinks it is very important for whatever non- profit get involved in this to understand that the first one probably has to be done by late summer so that we do utilize the $2,000 for the pedestal and anything else that has to go up there.They might want to put a plaque up. City Manager George Hoffman stated he thinks Roger is being careful and diplomatic.They would have to check to see if the utilization of that for the base or pedestal would be okay.It would be unwise to make use of the $2,000 and offend them.He thinks there are many, many zeroes where that small amount of money came from. Business Advocate Janine Solley stated Roger indicated that if we asked for an extension that there is a high likelihood it would be granted.We asked them for $10,000 and they only gave us $2,000.They are still trying to raise the other money. Councilmember Smithson commented he did not say anything about the art itself because of the way it proceeded and he did not feel it was his prerogative.However, he agrees with what the mayor said earlier.He would have personally preferred a more traditional iron art, but he will vote for this motion. commented that makes three of them. that actually makes four of them. commented now they are in trouble. Councilmember Barker Vice Mayor Dietz commented Councilmember Barker Vice Mayor Dietz commented he had brought it up at the very beginning that he would like to see other options, but if it was this council's purview to go in this other direction it was fine. Councilmember Barker commented she does not see it as council's wishes. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 40 OF 44 Councilmember Smithson stated he was sorry to throw a monkey wrench into it. he was absolutely right. Councilmember Barker stated Mayor Insalaco agreed. Councilmember Barker commented the mayor spoke up and she spoke up about two times ago and felt like she should not say anything else. City Attorney Joel Stern stated they talked about a lot of things tonight.He suggested they continue this for two weeks so that they can think about it. Councilmember Smithson MOVED THAT THEY CONTINUE THIS FOR TWO WEEKS. Councilmember Barker SECONDED THE MOTION. There was general discussion as to whether there were one or two motions on the floor.It was determined the only motion was to continue it for two weeks. VOTE:Unanimous. The motion carried. City Manager George Hoffman stated in the interim they will put together a packet and get it up in the council office.He asked that they not take it unless they can make multiple copies.They should peruse that and they might have some idea about what the other submissions were and have a clearer sense of what the options are. Councilmember Serdy commented he would like to see the other submissions.They also just lost two weeks of using that $2,000 so they have to go forward.He asked how they go about asking for the extension. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 41 OF 44 City Manager George Hoffman stated they will work on it. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 19, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 BE HELD ON TUESDAY, MARCH 20, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction addressed the council regarding the noise in Apache Junction. He would like strict noise ordinances written.He also would like the tables and chairs on the east side of Superstition Skies Restaurant removed. Councilmember Serdy commented something needs to be done about the base thumpers.They thump clear into the middle of his house from the street.They do need to enforce it. Councilmember Barker stated the problem is catching them.About the time you call they are gone. Councilmember Wilson asked if they have any ordinances on sound. City Attorney Joel Stern stated at this time they can address a criticism.If this is a question for him, he will need to get back to them on it.They cannot discuss it at this moment. Vice Mayor Dietz commented he believes Superstition Skies put in for an extension of premises when the smoking section went in. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 42 OF 44 City Clerk Kathleen Connelly stated they cannot discuss this now.It is not on the agenda. City Attorney Joel Stern commented that is what he was trying to tell them.This is the time where they can address any criticism or if they have direction to the city manager or himself. Vice Mayor Dietz directed the city attorney to see if there was a liquor license approved for extension of premises for Superstition Skies for the east side. City Attorney Joel Stern stated he would do so. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:44 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 21, 2012. ACCEPTED THIS 20TH DAY OF MARCH, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH, 2012. OHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 43 OF 44 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 6th day of March, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of March, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2012 PAGE 44 OF 44