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HomeMy WebLinkAbout2012-03-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 20, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 20, 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 Smithson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: Others 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 Business Advocate Janine Solley Sergeant Clyde Allison Captain Arnold Freeman Building Official Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 1 OF 23 Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 12-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM, BE APPROVED. Councilmember Smithson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced the Black Stallion Literacy Program is now called Horse Tales.They will have first graders from 7 schools attend at the rodeo grounds on Saturday morning. Councilmember Wilson commented they had the antique tractor show here two weeks ago.It was a great weekend with record attendance. Councilmember Wilson commented he attended a horse and carriage show in Coolidge last weekend.It was larger than our event a month ago, attracting people from all over the world.He believes the city has the opportunity to attract something like that here. CITY MANAGER'S REPORT City Manager George Hoffman requested Assistant City Manager Bryant Powell show a news video on local community groups REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 2 OF 23 keeping their local state parks in existence that focused on Lost Dutchman State Park.He then commented on an award Superstition Harley-Davidson had won, the household hazardous waste collection the city had last weekend, an article in a Maricopa newspaper mentioning the Apache Junction marquee sign, an article in a local paper on the Apache Junction Mock Trial Team, articles in Gateway to the East Valley that featured the city downtown area and the Superstition Mountain Museum and an article in the March edition of the East Valley Times on odd jobs which featured Apache Junction's Tess Nesser and her role at the Renaissance Festival. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mrs. Sandie Smith, representing the Boys and Girls Club, addressed the council. She stated the event will be at Dolce Vita on Goldfield.It will be a masquerade ball.They will have lots of surprises. They will be supplying security and all the people serving the liquor are trained.They will be meeting with staff to see if they need any crowd control. 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 Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH FOR APRIL 21, 2012, SUBMITTED BY LAURIE ARMSTRONG, BE REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 3 OF 23 RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS AWARD OF BID FOR TOWING SERVICES ) )Public Safety Director Jerald Monahan briefed the council on the item. Captain Arnold Freeman gave a presentation on the request for proposal tow contracts, the process and requirements, an overview of the bids received and the staff recommendations. Councilmember Wilson asked why Phoenix Metro did not meet the state requirements. Captain Arnold Freeman stated Phoenix Metro does not meet or exceed the Arizona Administrative Tow Regulations R-13.They also do not meet or exceed the requirements of RFP PD 2011-03.Failure to meet Arizona R-13 Regulations and the RFP requirements is based upon agent, owner, operator, employee felony criminal history.Disclosure is prohibited by Arizona State and U.S. Federal Statutes.Felony criminal history includes violations specifically prohibited in Arizona Administrative Regulations R -13-3-1201-A Section 7. Councilmember Barker commented last night they discussed Priority Towing not meeting our RFP requirements.She asked that he explain the reasons. Captain Arnold Freeman stated they do not meet or exceed the requirements of the RFP because they do not have an office on site.The RFP submitted by Priority states "Priority Towing does have an office on its primary storage facility.It is currently occupied by a tenant REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 4 OF 23 but will be taken over by Priority Towing in November of this year."That is taken directly from their RFP document.Those statements are contradictory to each other.They cannot have an office, say it is occupied and that they will take it over.He cannot say what will happen in the future.He can only say what happens when this RFP was turned in.When the RFP was turned in they did not have an office on site.Additionally, in Exhibit B Section 3 Item 6, the bid states "in April 2012 Priority Towing will expand into office on site for vehicle releases, currently leases property adjoining office for vehicle storage and utilizes home office for records, phones, etc."They are saying April 2012 and November.He has two different dates to work with. Councilmember Barker commented neither one states they are open at the time of this bid. Captain Arnold Freeman stated that is correct. Councilmember Barker commented she understood there was a problem with the building that was going to be used as an office. Captain Arnold Freeman stated that is correct.It does not meet the commercial requirements. Councilmember Barker asked why that is. Building Official Dennis Dixon stated the Office of Manufactured Housing regulations for alternative forms of housing state that office is substandard. It is not intended to be an office building.It does not meet building codes for an office building. Councilmember Barker commented Housing and Urban Development has created a standard and this particular building meets the residential standards but not the business or office building standards that they have to meet. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 5 OF 23 Building Official Dennis Dixon stated actually they created a lesser code for an alternative form of housing.It does not meet the current codes as adopted by the City of Apache Junction for a standard residence and definitely not for an office. Vice Mayor Dietz asked if they could go through this whole thing this evening, and if it would be possible to modify, add, subtract or change something in the future if the council wishes to do so. City Attorney Joel Stern commented he thinks he is saying that if they make a vote and pick so many tow companies and then something comes up in the industry that is not good for the tow industry, such as the price of diesel being $15.00, what would happen with the contract.He thinks he is asking if they can change the contract. Vice Mayor Dietz commented basically. City Attorney Joel Stern stated the contracts can be changed.He recommended that if they do pick a certain amount of firms that they get the contracts executed and they would have to get rid of Ordinance No. 885 by repeal.They could then see how the contract is going with the industry and how it is working out with the city. Vice Mayor Dietz commented his main concern was if it could be done in the future. City Attorney Joel Stern stated contracts can be changed. Councilmember Barker commented about having to go out to bid for any changes. City Attorney Joel Stern stated if there are significant modifications because of the industry or economic conditions, there is a clause in here that could be modified by mutual agreement.It is not to avoid another request for proposal.It is in case there is something REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 6 OF 23 significant that essentially does not work for everybody, such as they are not getting the service they need or the tow industry is really feeling the pinch on certain financial issues.If they feel it is extreme enough, they can modify the contract. Vice Mayor Dietz commented it is not to change the terms in the request for proposal, it is to change the terms in the contract if needed.He wants to be able to do that in the future. City Attorney Joel Stern stated they can do that but they are not going to do it the day after the contracts are signed. Vice Mayor Dietz commented he was not expecting .to do it the next day, just some time in the future if needed. City Attorney Joel Stern stated they can. Mayor Insalaco asked if the mileage is in or out of this proposal. Captain Arnold Freeman stated the mileage is not figured because they went with a $20 surcharge and a fuel surcharge after a $4.01 per gallon trigger. The reason being is because the majority of our tows are in a populated area towards the western part of town close to the focal point east on Apache Trail.The industry would recover more of their expenses from the surcharge then they would on a mileage figure, unless they would allow a $10 per mile mileage figure. Mayor Insalaco commented the mileage question keeps coming up. Captain Arnold Freeman stated even if they charge $5 per mile and they had to pull 3 miles that is $15.At $3.50 per gallon, they are automatically getting a $20 bonus.When $4.01 kicks in, which it already has, REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 7 OF 23 they get 5% added to an $80 tow bill if it is a one hour simple tow. Mayor Insalaco called for any further discussion.There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING TOW COMPANIES BE SELECTED AS THE CITY'S TOWING SERVICES PROVIDERS:AND THAT WOULD BE C.L. KING TOWING, BURKE'S TOWING, ACTION TOWING AND RANDALL'S TOWING; AND I MOVE THAT THE POLICE DEPARTMENT OBTAIN EXECUTED COPIES OF TOWING AGREEMENTS WITH THE SELECTED COMPANIES; AND I FURTHER MOVE THAT THE CITY ATTORNEY DRAFT AND PRESENT A MEASURE REPEALING ORDINANCE NO. 885 WITH AN EMERGENCY CLAUSE AT THE APRIL 3 REGULAR SESSION. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PUBLIC ART FOR THE OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT ) )Business Advocate Janine Solley briefed the council on the item. Councilmember Barker commented there are cost estimates on the silhouettes.She asked if any of the money was budgeted. Business Advocate Janine Solley stated there was no money specifically for art.They did REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 8 OF 23 budget $10,000 when they prepared a budget a little over a year ago with an idea that the "AJ" city logo could be something they might incorporate into one of the pedestals at Idaho. Councilmember Barker commented there is one small silhouette of a javelina which is estimated at $2,756.It is something to keep in mind that they do have a beginning with that grant and the estimated costs. They have the monies for that beginning. Vice Mayor Dietz commented he thinks she got the gist of what they were discussing last evening. •Councilmember Serdy asked if Councilmember Barker was saying to use the grant money to buy the javelina outright. Councilmember Barker commented they could go ahead and do this and get started. Vice Mayor Dietz commented they could get the first one in. Councilmember Barker commented that from that point they would go to the possibility of asking staff to go out throughout the artists' community and see if they are willing to sponsor and raise funds for additional art for the median. Councilmember Serdy commented the javelina is the coolest of the three. Councilmember Barker commented it seemed like since they had a funding opportunity for this, it would get them started and then have staff do as Councilmember Serdy suggested and go out and see what interest there is out there in doing this. Councilmember Serdy commented he wanted to discuss a little bit and then make a motion.Last night the vice mayor initiated the subject of an arts council. Rather than be city -appointed and have all the burdens of that, REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 9 OF 23 he suggested it would be easier to have a group of outside volunteers.They already have one here locally called Superstition Arts and Cultural Alliance.Once they got going, it could even grow larger as there are a lot of people that do not know about SACA.It could encourage more people to come out. Vice Mayor Dietz commented they have done a wonderful job thus far. Councilmember Serdy commented if they do this right, they could set this for years to come. He advised he will be ready to make a motion once the discussion is completed.He would like to talk positively.Nick is a wonderful artist and you can see it in everything he does.They love it.If they give Nick these tools, he will put them in the right place and highlight them.He added Nick Blake is the landscape artist who works for the city.He is very talented. If they have him do every piece and the city buys them, it stunts the growth of wanting to participate.There are plenty of opportunities for Nick to design other things around town. He believes the javelina is Nick's. Business Advocate Janine Solley commented it was actually a parks and recreation project. There were many involved. Councilmember Barker commented it was a group project.She thinks if they could get a start and then go out to the artists they could then see what happens. It will not hurt to ask them if they would be willing to do that and see what kind of vehicle they can put together to make this work. Vice Mayor Dietz commented it is a wonderful idea.He encouraged Councilmember Serdy to put as far as getting started with the javelina into his motion since we do have the grant funds for it.It is a beginning and will show our commitment. There was general discussion on the motion and whether two were needed.It was determined there would be one motion combining the two thoughts. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 10 OF 23 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Serdy MOVED THAT STAFF LOOK INTO HAVING CITY COUNCIL APPOINT THE NONPROFIT ORGANIZATION SUPERSTITION ARTS AND CULTURAL ALLIANCE TO ACT AS THE CITY OF APACHE JUNCTION'S ART COUNCIL; THAT SACA TAKE DIRECTION FROM THE MAYOR AND CITY COUNCIL REGARDING PUBLIC ART PROJECTS WITHIN THE CITY OF APACHE JUNCTION; THAT THE CITY COUNCIL HAS LAST REFUSAL RIGHTS ON ANY PUBLIC ART PROJECTS; THAT SACA, AS THE APACHE JUNCTION ART COUNCIL, WILL TAKE ON THE RESPONSIBILITY TO ISSUE CALLS TO ARTISTS FOR PUBLIC ART, INTERVIEW ARTISTS, REVIEW SUBMISSIONS AND MAKE FINAL SELECTIONS FOR PUBLIC ART, OBTAIN APPROVAL FROM CITY COUNCIL ON ALL ART SELECTIONS BEFORE PROCEEDING TO MAKE ANY PURCHASES OF ART SELECTIONS; ONCE ART SELECTIONS HAVE BEEN APPROVED BY CITY COUNCIL, SACA WILL ASSUME THE RESPONSIBILITY TO RAISE FUNDS NECESSARY TO PURCHASE THE APPROVED ART SELECTIONS, BE IT GRANTS, DONATIONS, FUNDRAISING, ETC.; ONCE FUNDING HAS BEEN ARRANGED SACA WOULD THEN PURCHASE THE ART SELECTIONS, DONATE THE ART TO THE CITY OF APACHE JUNCTION.ONCE DONATED THE ART WOULD BECOME PROPERTY OF THE CITY OF APACHE JUNCTION WHO WILL THEN BE RESPONSIBLE FOR INSTALLATION AND MAINTENANCE. Councilmember Barker stated she had a problem.She asked how she could stop the motion. City Attorney Joel Stern asked Councilmember Serdy if he was done with the motion. Councilmember Serdy commented he was going to add that they proceed with this one.He commented at the beginning it was to look into this. City Attorney Joel Stern stated the mayor called for a motion but there is no second yet. Councilmember Smithson stated he will second it if there is one modification.Rather than they will he would like to see they would be authorized to in each case. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 11 OF 23 Councilmember Serdy commented in the beginning it says that staff will look into it. Councilmember Smithson stated he then said the organization "would do" this and "do" that.He would feel more comfortable if they were authorized by the city council to proceed with those things. Councilmember Serdy commented it said that a couple of times during the motion. Councilmember Barker commented we cannot do this. Councilmember Smithson asked where it said that a couple of times. City Attorney Joel Stern commented he heard a second. Vice Mayor Dietz commented no one seconded the motion.Councilmember Smithson stated he would second if.He did not second anything yet. City Attorney Joel Stern commented the first part of this was the motion to appoint SACA. If that happens, that becomes an open meeting issue. Vice Mayor Dietz commented that is what they discussed last night. City Attorney Joel Stern stated they have discussed it a bunch of times.He wants them to know that is out there in the motion and it will entail some staffing, open meeting issues, agendas and notices.He wanted to point that out. Councilmember Serdy asked if the word appoint is the problem. Councilmember Barker commented she thinks there are other problems here. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 12 OF 23 City Attorney Joel Stern commented they could say ask, but he would still see it as an appointment trying to get around the open meeting law.He does not know what his intent is.If they want to create a new commission, then that is what that does. Councilmember Serdy commented they already exist.They would just be using them or recognizing them to do this work for the city. City Attorney Joel Stern commented the way it is stated is they become kind of like our planning and zoning commission or the board of adjustments. Councilmember Barker commented that is not what they talked about anyway.They did not talk about SACA by themselves they talked about the art community.They did not specify a particular organization in our discussion.That completely goes off the track of what they discussed. Councilmember Serdy commented they are already in place.They are up and running.He does not see the point of having them disband and regroup again. Councilmember Barker commented they first have to see if they get a second on this since there is a motion on the table. Vice Mayor Dietz commented it has not been seconded and they can amend it. Councilmember Barker stated they cannot discuss it until the motion is dropped. Councilmember Serdy continued his motion with IN THE MEANTIME THEY COULD USE FUNDING ALREADY AVAILABLE TO PROCEED WITH THE JAVELINA PIECE PART. Councilmember Smithson asked if there is any way to use a word like authorize or recognize or anything else like that.He asked if they would all do the same thing. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 13 OF 23 City Attorney Joel Stern stated he believes their intent is to have SACA essentially take a look at the item and make a recommendation to the council. That is what it sounds like.There is nothing wrong with that, but if they want them to become their commission on art, then the way Title 38 is it says that if they create a commission or appoint someone, as they are not having the city manager appoint someone or this group, the council is doing it. Councilmember Serdy commented the Chamber of Commerce works as our Visitor Center.They did not appoint the Chamber of Commerce and they are not our commission. City Attorney Joel Stern stated that is true but they do have a contract with us.They do not necessarily make recommendations that the council would act upon except outside of the contract. Councilmember Serdy commented there are three fail safes where if it does not go the way the council likes then the council has the right of refusal.If it is approved all three times, they would then proceed. City Attorney Joel Stern stated there is one way to keep this just for donations and not involving city funds.He is not sure that is what his intent was.He asked if these were city -funded and donations or just donations. Councilmember Serdy commented there would be no city funds other than installation and maintenance. Councilmember Smithson asked if it would work to authorize the city manager to do all those things. Vice Mayor Dietz asked for the opinion of the city clerk. City Clerk Kathleen Connelly stated if they proceed with this motion they will create a de REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 14 OF 23 facto commission and the language is similar to what the planning and zoning commission does.They make recommendations. To her it would be an end run around the open meeting law unless SACA wanted to comply with everything.They would have to create a website to post their agendas and all those things. The meetings would have to be open to the public. Mayor Insalaco commented he said the city manager could do this. City Attorney Joel Stern stated the city manager could be directed to meet with SACA and then provide recommendations through the city manager. Vice Mayor Dietz asked if that would be creating a commission. City Attorney Joel Stern stated it would not because they are not selecting a body.They are directing the city manager. Councilmember Smithson commented that would make it a staff matter. Councilmember Barker commented but it is with a specific body.In essence, they have selected a body. City Attorney Joel Stern stated the statute talks about the council selecting a particular other body.By their directing the manager, and the manager meets with SACA, it does not mean his meetings with SACA have to be open to the public or agendas kept or notices done. Councilmember Smithson commented it is a staff situation rather than a formal organization. City Attorney Joel Stern stated it is a staff communication.He does not do that with all of this staff communications with other entities. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 15 OF 23 Councilmember Serdy commented these submissions were created with a similar type commission. Councilmember Barker commented these actually came through parks and recreation through a city -appointed commission. City Attorney Joel Stern stated some cities appoint the parks and recreation commission to look at the art.Some of the larger cities do that.He commented if they are uncertain and that is what the council would like to do, the council could continue this one more time. Staff now has a better idea of what they want to do. Mayor Insalaco commented he thinks they know what they want to do. Councilmember Barker commented she has nothing against SACA.She has a great amount of respect for that group.However, in the discussions over the last several weeks the council has talked about the artists' community.Those are the words that we have used over and over again.There are artists that are not a part of SACA who might also be interested.By limiting this to a group rather than opening it up to the artists' community, she thinks they are not doing what the council has discussed.By telling anybody on staff to talk to a specific organization is just as good as designating that organization.It is just going around the back door.She believes the community artists are those that should be asked.If SACA turns out to be the group that says it will take it on, that is great.But then they have volunteered to take it on.The council has not asked anyone to talk specifically to them. Councilmember Serdy commented that is in the motion.It says that SACA will issue a call to the artists for public art. Councilmember Barker commented they are talking about two different things here. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 16 OF 23 Councilmember Serdy commented the art may not come from SACA.They will be doing the legwork and the fundraising. Councilmember Barker commented he is naming a specific organization to do this. Councilmember Serdy commented they will be looking into it.He asked for a short recess. Councilmember Barker commented they cannot discuss this off the public agenda.It has to be discussed here. Councilmember Serdy commented they cannot discuss it as a quorum but they can take a recess to rewrite a new motion. Councilmember Barker commented they can take a recess to rewrite a new motion and she is positive that Joel would be delighted to help him as he is the lawyer. Mayor Insalaco asked what the pleasure of the council is. City Clerk Kathleen Connelly suggested they keep moving forward.It could be a generic motion that the city manager convenes the appropriate staff to come back with something that is all inclusive of the arts community and spend the $2,000 on the javelina. Mayor Insalaco commented Kathy just made the motion. City Clerk Kathleen Connelly stated if they wanted to take a break that might be the direction they might want to go in. Vice Mayor Dietz commented they should get a second on the motion before them now, vote on it and then come back and they can do another motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 17 OF 23 Councilmember Barker commented it failed for lack of a second. There was general discussion as to whether the motion had failed for lack of a second.It was determined by consensus that the motion had failed. City Attorney Joel Stern stated he recommends they continue this for two weeks, come back and he will meet with the city manager. Mayor Insalaco commented he likes that the best. City Attorney Joel Stern stated they will try to come up with some language that hopefully meets it.They have worked on this thing for a long time. Councilmember Barker commented for too long. Mayor Insalaco commented another two weeks is a killer.He called for a motion. ,City Attorney Joel Stern stated to come up with something in the next ten minutes will not work. City Manager George Hoffman asked if he could ask a clarifying question of Councilmember Barker.He understands in the abstract the concept of the arts community.He asked what it looks like operationally to her. For example if she says go out and reach out to SACA he will go over and talk to Sharon.When she says to talk to the arts community, he asked who that is. Councilmember Barker commented whoever contributes artwork to this community and paints etcetera.There are people all over the community.She asked if they could do a call to artists in the paper and have a meeting of those artists and present them with what the council wants to do.They would like to see a group of artists take on REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 18 OF 23 this project and raise the funds for the project.They would be on their own and recommend to the council or bring examples to the council to help build the median.If the only person who shows up is Sharon, then yea, but there are other people. City Manager George Hoffman stated for someone to receive funds they have to be set up organizationally. Councilmember Barker agreed and commented that will also have to come up in the meeting. City Manager George Hoffman stated they will probably have to have some type of tax designation status and a variety of things that at a pragmatic level would seem to indicate that they need to be an organization of substance. Councilmember Barker commented they need to be a part of SACA so SACA grows.She is trying very hard not to exclude people in the community who are not a part of SACA but are, in fact, artists.Rather than appointing a specific organization, if they have a group come in and say they would love to do this, they would be told they have to be a 501(3)C, which they are not, but SACA is and maybe they could join them. City Manager George Hoffman stated that helps him to understand more fully and at an implementation level just what her objective is.He thinks Kathy's motion would be okay and it would send staff back and they would have a starting point with dialogue.Sharon is here and is hearing their objectives and interests.Staff could talk with them on how to implement that, get the project rolling, get started and get some movement, pursue that longer term arrangement and see what solution comes back.They could have a board discussion with the council.It is their call. Councilmember Barker stated she would feel better doing that then just putting this aside for two weeks as they will be coming back in two weeks with basically the same thing and a couple of more ideas in two weeks.If they do what the city manager is talking about, he REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 19 OF 23 will come back with some answers and some concrete things and possibly there is not another artist in this community. There was general discussion on a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ART ON THE OLD WEST HIGHWAY MEDIAN ENHANCEMENT PROJECT:THAT STAFF QUERY THE ART COMMUNITY TO DISCOVER THE INTEREST IN TAKING ON PROJECTS FOR FUTURE MEDIAN ART WORK AND RAISING FUNDS THEMSELVES FOR THOSE PROJECTS; AND THAT WE BEGIN OUR PROJECT BY USING THE $2,000 GRANT MONEY TO PUT OUR JAVELINA UP IN THE ALREADY LANDSCAPED MEDIAN AT THE PEDESTAL OF NICK BLAKE'S CHOICE. Vice Mayor Dietz SECONDED THE MOTION. Councilmember Barker stated it is basically what Councilmember Serdy said without putting a name on it. Councilmember Smithson asked if this will involve a lot of staff time. Councilmember Serdy asked if this is something they are looking into and exploring. Councilmember Barker commented they will be exploring it. Councilmember Serdy commented that is what he wanted to do. Councilmember Barker commented she simply did not name SACA but named the whole art community instead.It leaves the door open to anybody that is interested. Mayor Insalaco called for the vote. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 20 OF 23 The motion carried. 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, APRIL 2, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 BE HELD ON TUESDAY, APRIL 3, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction addressed the council regarding the art work for the median, the status of his medical marijuana referendum, and his promotion of the independent movement in Apache Junction. Mr. Dennis Walter, 5525 N. Wolverine Pass Road, Apache Junction, addressed the council to thank the public works department and the police department for the tremendous amount of help given during Lost Dutchman Days and the memorial for Gary Mulholland. He also provided a picture of the mayor in the skybox. Mr. Darryl Cross, 1018 N. Acacia Road, Apache Junction, addressed the council regarding his opposition to any changes to the R-143 district regarding any outbuildings except for forbidding Quonset huts and the misrepresentation of the petitions regarding those changes. Mr. R.E. Eck, 1125 S. Cedar, Apache Junction, addressed the council regarding a softball tournament at Prospector Park last Saturday. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 21 OF 23 Mr. Terry Secor, 1285 N. Main Street, Apache Junction, addressed the council regarding his earlier confusion on the mileage rate for the towing contracts but the explanation given this evening answered his questions. Mr. Bo Randall filled out a request to speak form but he had already left. Councilmember Serdy thanked R.E. Eck for his involvement in all these community tournaments over the years. Councilmember Barker commented there were at least 1,000 people attending the softball tournament. Councilmember Wilson commented he has encouraged businesses to put up information on what is available in the community for those people attending events. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:15 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of March 6, 2012. 3. Consideration of approval of Resolution No. 12-05, authorizing the City of Apache Junction to enter into an intergovernmental agreement for the Arizona Child Abduction Response Team (CART). ACCEPTED THIS 3RD DAY OF APRIL, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF APRIL, 2012. OHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 22 OF 23 ATTEST: KATHLEEN CONNELLY cz 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 20th day of March, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of March, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2012 PAGE 23 OF 23