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HomeMy WebLinkAbout2012-10-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 16, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 16, 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 7:03 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Others Present:Revenue Resources Manager Roger Hacker Community Relations Manager Pat Brenner REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 1 OF 30 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ELECTION AND VOTER REGISTRATION SERVICES FOR THE MARCH 2013 AND MAY 2013 ELECTIONS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced there will be a town hall at Mountain View Lutheran Church at 4 p.m. on Saturday with Senator John Kyl and Congressman Jeff Flake where they will talk about the debt and the deficit. Councilmember Serdy announced November 9-11 will be the Festival of the Superstitions with most of it at the Chamber of Commerce plus a gymkhana at the rodeo grounds, a band stage and a car show. Councilmember Wilson commented AARP had an article in their latest magazine on the lady who cleaned up the desert recently. Councilmember Wilson announced the Chamber will have their Business Preparedness Training by Fire Chief Scott Miller from Casa Grande at noon on November 2 at the Chamber.It will give business owners an idea if they have enough insurance. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 2 OF 30 Councilmember Barker reminded everyone of the Domestic Violence Candlelight Vigil next Wednesday at Veterans' Memorial Park at 6:30 p.m. Councilmember Barker announced that the third annual Community Awareness Resources Event for youth and families will be held at Central Arizona College on Saturday, October 27 from 9 a.m. to noon.It is sponsored by the Apache Junction Drug Prevention Coalition, the police department and Central Arizona College. Councilmember Evans reminded everyone that November 2 is the grand opening for the Earth Heart Park Community Gardens.There will be music and food and it runs from noon until dark. Councilmember Evans commented she does free donations for the Kit and Kaboodle, free items for residents in the area.She has been focusing on blankets, sleeping bags and tents.All donations can be dropped off at Mountain Health and Wellness. CITY MANAGER'S REPORT City Manager George Hoffman read notes from two developers regarding the outstanding customer service they received from development services and commented on Lieutenant Jeff Robinson graduating from the FBI Academy and the participation of Paws and Claws Care Center in the National Adopt A Dog Month. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11, 2012 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Tom Lennon of the rotary club addressed the council.He was here to get it approved. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 3 OF 30 Councilmember Barker commented a suggestion was given by Rudy Esquvias that they have some security personnel on site.She asked if they are considering that. Mr. Tom Lennon stated the mounted rangers will be around. 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. City Clerk Kathleen Connelly stated the reference to the mounted rangers is under number 15 on the application. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11, 2012, SUBMITTED BY LEONARD LERESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON OCTOBER 26-27, 2012 )City Clerk Kathleen Connelly briefed the council on the items. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 4 OF 30 Ms. Liz Reynolds addressed the council. Mayor Insalaco asked what part of the property would have the extension. Ms. Liz Reynolds stated in the planning meeting they decided it would be the inner walkway from Jakes down to the east and to the north.The initial parking lot would be open. Mayor Insalaco commented she is only asking for that little walkway. Ms. Liz Reynolds stated they had covered that in the planning meeting so she does not know where the objections are coming from. Vice Mayor Dietz asked if they were going to have any parking in front whatsoever. Ms. Liz Reynolds stated they are.That is why they are restricting the extension of premises to the walkway.They have a nice, wide sidewalk area in the front and then down to the east.That is the area they had requested for their extension of premises which would leave the parking lot open instead of closed. Councilmember Wilson asked how it would impact the other businesses in the area. Ms. Liz Reynolds stated they will all be closed in that strip mall.No one will be open except her. what time this is going to start. will start at 9 p.m. when the pizza shop closes. Councilmember Wilson asked Ms. Liz Reynolds stated it Councilmember Serdy asked REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 5 OF 30 Ms. Liz Reynolds stated his door says 9 p.m. and he is usually gone by 8 p.m. or 8:30 p.m. Councilmember Waldron asked what provisions she is making to keep people on the sidewalk. Ms. Liz Reynolds stated they will have barrier flags that will be put out and they also have some security scheduled. Councilmember Waldron asked who is providing the security. Ms. Liz Reynolds stated it is between Hell's Angels, who are putting on the party, and her people as she is the host. Councilmember Waldron asked if she would be able to insure that nobody will be drinking off that sidewalk or anywhere off that premises. Ms. Liz Reynolds stated yes. Councilmember Waldron asked if she would be able to guarantee that. Ms. Liz Reynolds stated yes, that is the point. Vice Mayor Dietz asked how many people she is expecting. Ms. Liz Reynolds stated they are hoping for 300 to 350 during the course of the evening. Vice Mayor Dietz commented that obviously most of the vehicles will be bikes. Ms. Liz Reynolds stated they get a mixed bag.She would say mostly bikes at this event. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 6 OF 30 Vice Mayor Dietz asked if there would be enough parking.He knows she has some parking in the back. Ms. Liz Reynolds stated the back is completely open.They also has a few friends that live down the block that are opening up their entire yard where they will be putting some personal vehicles and cleaning the area with 4 -wheel vehicles.They will be getting those off of the streets. Councilmember Waldron asked if she would be using the same security to keep people inside and not drinking outside if this extension is not approved. Ms. Liz Reynolds stated the same security will be there. Vice Mayor Dietz commented this would all be the same for the November 4 event. Ms. Liz Reynolds stated that is correct.It is their anniversary party and is a Jakes stand alone event. Councilmember Evans asked if the police department was made aware that she would have security there.She also asked if she told the police department how many people would be available for security. Ms. Liz Reynolds stated they were told at the planning meeting.They covered everything there. Councilmember Evans commented she assumed she has read the police report of why they object to it. Ms. Liz Reynolds stated she had not.No paperwork had been forwarded to her of that nature. Mayor Insalaco requested Public Safety Director Jerald Monahan address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 7 OF 30 Public Safety Director Jerald Monahan stated he would be happy to address any of the police department concerns. Mayor Insalaco asked what the police department concerns were. Public Safety Director Jerald Monahan stated in Sergeant Clyde Allison's, the traffic unit supervisor's, initial review the traffic concerns were over the crowd that size being in the parking lot.They do not believe they will be able to use sidewalks only.It is quite possible people will drift all over the parking lot.It is a busy area there.They are concerned about bikes coming in and out.They are concerned about pedestrians in the parking lot drinking and being in traffic that late of hours.The second concern is the presence of motorcycle clubs such as the Hell's Angels.Even though they may be trying to have a peaceful event of their own, they certainly draw attention and their own share of enemies that, in a crowd setting, may choose that as an opportunity to take some type of revenge.While that may be a worst case scenario, the police department has to prepare for that.The last time Jakes-O-Mine had such an event like this, the Hell's Angels were patched and were very visible.Should another group that wishes to do an act of violence take advantage of that, they would use our streets to do so.He will have staff prepare for a worst case scenario. Mayor Insalaco asked the applicant to address the police department concerns. Ms. Liz Reynolds stated the anniversary party will be our third anniversary.Jakes has held many events and done a lot of good community service.She does not believe they have caused any problems as far as any violence or retaliation.Every club in this town considers Jakes neutral ground.It is a place where they go to have a good time.There has not been a single incident of any type of violence or retaliation.She believes the police record of Jakes would if not prove that out would at least support the issue. Councilmember Barker commented she is saying that they will be able to control this REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 8 OF 30 crowd on the sidewalks.It is a very small club and she has seen it very crowded with people drifting out onto the sidewalks with containers in their hands or a glass.She has a real concern about being able to control an intoxicated person who truly does not want to be controlled.She is trying to be as tactful as she can, but some of these people get real bull- headed when they have been drinking.She can understand the use of the sidewalk as an overflow, but not with booze.If the booze is inside it makes it different in her mind. Ms. Liz Reynolds asked what the difference would be between this event and the bike raffles that they have done where they have used the whole parking lot. Councilmember Barker commented there were no vehicles coming through there when they used it for the raffle. Ms. Liz Reynolds commented she could not refute that.However, when they set a boundary, it is a job because they are professionals.They do handle how, when and where they serve the customers.She does not want that to be forgotten.She believes their police record would bear that out.They have a capacity for 194 inside.They are basically already there at what they feel will filter in and out during the evening. Councilmember Serdy commented the same amount of people will come whether they have the extension or not.Having this extension will actually relieve things and make it more at ease. Ms. Liz Reynolds stated that is correct. Councilmember Serdy commented more so than having them corralled together. Vice Mayor Dietz asked if they would have seats out there. Ms. Liz Reynolds stated she was thinking about putting a few small tables out for people to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 9 OF 30 set their drinks, but she does not believe seats will be necessary.However, she does not want to say that she will not and then decide to throw a few seats out there as well.She will go with the flow and use the space as needed. 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. Councilmember Serdy commented he knows there are some concerns but he would like events.Maybe not like this, but he would like to Mill Avenue where they do things like this all the they could encourage more and more events that are thinks that would be a good thing.They can learn if it is approved. to see more see it like time.If positive, he from this one Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR OCTOBER 26-27, 2012, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS:1) THE POLICE DEPARTMENT'S UNFAVORABLE REVIEW OF THE APPLICATION FROM SERGEANT CLYDE ALLISON DATED OCTOBER 3, 2012, WHICH INCLUDES PROXIMITY CONCERNS OF VEHICLES TO ATTENDEES, AS WELL AS THE SPATIAL ACCOMMODATION CONCERNS FOR THE EXPECTED NUMBER OF ATTENDEES IN THE SIDEWALK AREA; 2) THE ENFORCEABILITY OF SENIOR PLANNER RUDY ESQUIVIAS' OCTOBER 2012 SUGGESTIONS TO THE BAR OWNER, WHICH INCLUDE:A) ROPING OFF AND "DILIGENTLY ENFORCING" THE EXTENSION OF PREMISES AREA TO MITIGATE TRAFFIC/PEDESTRIAN "INTERACTION"; AND B) OVERFLOW PARKING ONTO OTHER PARKING LOTS TO THE WEST; AND 3) THERE IS A LIKELIHOOD THAT WITH 250-300 ATTENDEES, THE RESIDENTIAL STREETS IN THE AREA WILL BE ADVERSELY AFFECTED FOR TWO DAYS, CAUSING UNREASONABLE INTERFERENCE WITH THE USE AND ENJOYMENT OF RESIDENTS' PROPERTIES. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 10 OF 30 VOTE:5-2 (Councilmembers Serdy and Barker voted in opposition). During the vote, Councilmember Wilson commented this was a hard vote.He is very much with the idea of trying to promote and allow events like this.At the same time, he is concerned about it as well.He wished there was a neutral vote that he could do. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-0- MINE SALOON FOR NOVEMBER 4, 2012 ) )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz commented it is identical, just a different date. Councilmember Evans commented it is just for one day. Councilmember Serdy asked what will be different about this one. Mayor Insalaco requested the applicant address the council. Ms. Liz Reynolds commented nothing would be different except this is a Jakes sponsored event.It is their anniversary party and customer appreciation day. time this will run for. will run from noon to 6 p.m. Mayor Insalaco asked what Ms. Liz Reynolds stated it Councilmember Waldron asked how many people she would be expecting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 11 OF 30 to 300. if that was during the whole time. is correct. Ms. Liz Reynolds stated 200 Councilmember Waldron asked Ms. Liz Reynolds stated that Councilmember Evans commented this is just a one day event, not,a two day event. Ms. Liz Reynolds stated that is correct.It is a single event that is not all day long. Councilmember Wilson asked if there would be any impact to the businesses in the area. Ms. Liz Reynolds stated they have all given her their parking spaces.Every one of the businesses has signed their parking spaces over to her.Most of them will not be open. City Clerk Kathleen Connelly stated during one of the earlier meetings they were asked to reserve some parking spaces for the pizza place so that they would be able to have some business that day. Ms. Liz Reynolds stated that is correct.She did not know if they got copies of the paperwork showing all the businesses had signed over their parking spaces. Councilmember Waldron asked how many spaces she would be reserving for the pizza place. Ms. Liz Reynolds stated she is reserving four spaces. Councilmember Barker asked how many spaces she has out there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 12 OF 30 Ms. Liz Reynolds stated they are not really marked.She also has the side spaces and the ones in the back.She estimated the total to be 30 spaces. Vice Mayor Dietz asked if that was 30 spaces in back. Ms. Liz Reynolds stated the east side of the building has spaces as well and the back end has probably 15. Councilmember Serdy asked if there is any chance that the pizza place will benefit from this. He asked if her patrons would be going over there and ordering pizza. Ms. Liz Reynolds stated they have always invited Pete to be a part of the party.It is his discretion if he would like to or not. Councilmember Serdy commented there will be extra people there and they can go over and order. Ms. Liz Reynolds stated one would assume that someone would like to take advantage of that. All she can do is offer. Councilmember Evans asked if she had the entire parking lot as an extension the last time they had their anniversary party or did they just have the sidewalk. Ms. Liz Reynolds stated they just had the sidewalk. Councilmember Evans asked if the police department had the same concerns last time. Vice Mayor Dietz commented he did not recall their ever having the front sidewalk blocked for an extension of premises. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 13 OF 30 Ms. Liz Reynolds stated the only time they have blocked it off was for the entire parking lot.Because of some concerns of the neighbors it was suggested to us at the planning meeting that they back off and only use the sidewalk in order to appease the different factions that needed to approve the parking. Vice Mayor Dietz commented they did not have the sidewalk blocked off last year. Ms. Liz Reynolds stated they did not. Councilmember Evans asked if they have had this issue before with a sidewalk butting up against a parking lot and the concern of moving cars coming and going with people outside that were drinking. Public Safety Director Jerald Monahan stated the last event that he is aware of that Jakes-0- Mine had was well attended, the parking lot was fairly full, and he was not aware of any issues that arose from traffic around or within that parking lot. 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. Councilmember Waldron commented he has far less concerns about this event than he had with the previous event.The fact that there have not been any issues before and the hours of the event make a big difference to him. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR NOVEMBER 4, 2012, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 14 OF 30 Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 12-34, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY -WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION )Revenue Resources Manager Roger Hacker briefed the council on the item.He also introduced Tod Whitwer from Allwyn Environmental. Vice Mayor Dietz commented the Grand Hotel property used to have their own sewer treatment plant.He asked if that would have to be checked out to make sure it is a clean site. Mr. Tod Whitwer stated during Phase I they look at conditions that would typically cause an impairment to the site.In that particular case, since they did use chemicals, there could be leakage from the treatment plant that would impact either the soil or groundwater at that site. They would therefore do a Phase II on that property. Revenue Resources Manager Roger Hacker continued with his briefing. Councilmember Barker asked if sites that are currently occupied would be part of the assessment. Revenue Resources Manager Roger Hacker stated he believes so. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 15 OF 30 Councilmember Barker asked if the property owners would be notified that they have this problem. Revenue Resources Manager Roger Hacker stated they would work with the property owners for inclusion in the assessment.They cannot go on someone's private property and do the assessment.They would get the results.There are no unintended consequences as he understands it.It is identified on the property and therefore ramifications come to the property owner.There is no sword hanging over their heads contingent upon what has been found. Councilmember Serdy asked if they have devalued a property and made it harder for someone to get rid of them if they make it look like there is contamination and problems and they do not get this grant.We are saying how terrible this is and we need help.If they do not get the grant, everyone will use that and say they do not want it because there is contamination on the site. Mr. Tod Whitwer stated during the preparation of the application itself they will not discuss specific sites.They will give a.general discussion of the inventory of the sites they would be looking at if they were to get the grant.They would say in the grant they are looking at about 20 to 30 sites that may be impacted and have already been identified as part of their preliminary inventory.They will not be specific to say that this is such and such property at this address with this parcel number. Councilmember Serdy commented once the findings are made, and if they are negative, then it is the city's job to get more grants to take care of this problem and bring the property back up to make it more marketable.They could have a couple of years in between where it is not too good. Mr. Tod Whitwer stated he has probably done close to 300 to 400 Phase I's using Brownfields grant funds within the State of Arizona.On only one occasion did they have to make any sort of notification to the regulatory agencies that there was a problem at the site.There are only REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 16 OF 30 three general conditions in which you do need to report to the regulatory agency that there is a problem.The first one is an underground storage tank that is not registered.They would have to register that with the regulatory agency.If during the assessment they do find the tank leaking, they need to make notification.The second condition is if there is any impact to groundwater then they need to make notification.The third condition is if there is what is called an imminent threat to human health in the environment.In that situation you also need to notify the regulatory agencies about that.In the last case, if there was an imminent threat, you would know it because people would be getting sick and there would be a very obvious environmental impairment.Those are the only times you are compelled to report.The advantage to this program is that not only is the owner saving money in not having to pay for the assessment, but they are also getting a free examination.A lot of people do not like to buy a gas station because they know there will be a lot of clean up funds that will have to be spent.In his experience, generally gas stations do not have the type of impact people expect.When a mom and pop operator want to sell their property they normally do not get a lot of people who want to buy it.They are reluctant to put the property up for sale because they think they are facing a huge sum of money to clean it up.With these funds, they are allowed to go in and assess the property and then either do the Phase I and a Phase II if necessary which will give them the certitude of the actual cost to clean up that property.What typically happens is the gas station owner finds out what they have to pay is about $25,000 to clean up a site whereas they thought before the assessment they would have to pay $250,000.That means that property can then be sold because there is no uncertainty about the clean up costs.It can be sold, redeveloped, a new gas station can be put in, new affordable housing can be put in, a new strip mall can be put in or whatever use that would be most beneficial to the city can be put in.It is all being catalyzed by the use of these grant funds. Councilmember Serdy commented it is what they want to hear.They want to hear way more positive than negative. Mr. Tod Whitwer stated he has several case studies he can provide that can demonstrate how REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 17 OF 30 smaller communities have benefitted from this, both the community as a whole and the property owners who reside in the community. Councilmember Wilson commented this could also be reassuring to the property owner as to the extent of or relieve them of the burden they thought they had.He asked if that is partly what he will be doing. Mr. Tod Whitwer stated that is correct.The Phase II site assessment determines the vertical and horizontal extent of contamination or how far out the contamination has gone and how deep it has gone.The funds can be used to determine the extent and to put together a cost estimate for what it would cost to clean up. City Attorney Joel Stern asked the consultant to briefly describe what happened in the South Tucson case study. Mr. Tod Whitwer stated South Tucson had a Brownfields Community -Wide Assessment Grant also, the same that is being proposed here.They asked him to do a Phase I on a piece of property that was a vacant lot that had been vacant for a number of years.It was one of the sites where everyone thought there might be issues.He did the Phase I and determined there were no recognized environmental conditions.In layman's terms, it is a clean site.Once he finished the Phase I the city was able to market the property. Two months later a paving company moved in and immediately added 15 employees with a payroll of about one million dollars a year plus the tax -based revenue from that.It was a very simple process to do the Phase I, it did not cost anyone any money and the city benefited greatly from that. Councilmember Waldron asked if he has ever identified a property where the property owner was not aware that there was any environmental concern on any of the community -wide assessments he had done. Mr. Tod Whitwer stated he has.There have been several situations where they had a feeling there was going to be a problem but they were not sure REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 18 OF 30 how much there was.There has never been a situation in his experience where the property owner was completely surprised about the environmental conditions that existed at his site.He added Mr. Hacker did an excellent job of going through the grant funding, but he did not touch upon that this also includes assessment for asbestos and lead -based paints.They can do an asbestos assessment of some of the older buildings which is really important when someone wants to sell their property and have their building demolished. City Attorney Joel Stern asked if it could include city properties. Mr. Tod Whitwer stated they can do the assessments for both private owners and for city- owned property.There are some nuances for determining the eligibility of a property for use of Brownfields funds.That is the main reason they are going after both funds.The petroleum site is a little harder to spend the money because they have to go into more depth on previous ownership.The hazardous has no limitations to whom can do it.They can work around the limitations on the petroleum site. Mayor Insalaco commented a lot of the new gas stations have tanks that are fiberglass, plastic or poly something.He asked if those are better than the steel tanks. Mr. Tod Whitwer stated absolutely.The soil conditions tend to corrode the steel tanks.When they go to excavate the steel tanks, there are no tanks left. Councilmember Serdy commented there has been a commercial lately about radon gas and proofing your property against this.He asked if that figures in anywhere. Mr. Tod Whitwer stated they can use this to assess for radon also.He added the grant application is due November 19 and that is why they are pushing to get the community involvement.They will know if the grant REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 19 OF 30 is successful in the spring of 2013.The funds will be available in October 2013. Revenue Resource Manager Roger Hacker commented public involvement and public input is critical to this process.To help expedite that, they have another public meeting a week from tonight at the multi-gen center.They have another public meeting on November 1 at the multi-gen center.They will make a draft of the application available for them to mark up and a link on the website where citizens can access it.He encouraged everyone to send comments to himself or Mr. Whitwer and turn out for the public meetings because at least a third of our application will be reviewed for how much we were able to reach out and involve the community. 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 RESOLUTION NO. 12-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY -WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA, AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION )City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 20 OF 30 Community Relations Manager Pat Brenner briefed the council on history of the local alternative expenditure limitation and how it penalizes governmental entities like Apache Junction.It is based on a base year where the budget was nearly zero and the formula used is based on inflation and population.A yes vote is for home rule and setting a balanced budget through locally -elected representatives, and a no vote is against home rule with a preference for the city to operate under the state -imposed budget. Vice Mayor Dietz asked if he is saying that even though the city might have the funds, it would be restricted by the state from spending all of it.They would only be allowed to spend so much.It would be like having $50,000 and big brother says you can only spend $30 of it. Community Relations Manager Pat Brenner stated that is correct and it is a good example.In the packet they have information from the city clerk.He took the figures that show the estimated revenues for the next four budget years and the figures of the expenditures that would be allowable under the alternative expenditure limitation, or what we expected to have versus what we could spend.The difference between the two figures for 2013-2014 is $7.1 million which could not be spent.In 2014-2015 it is $8.2 million.The cumulative effect over 4 years is almost $36 million.It is a very serious issue. Councilmember Barker asked what the projection is on the population. Community Relations Manager Pat Brenner stated he does not know.They are using the census for the past population. Councilmember Barker commented the community is growing.It is not the rapid growth they have seen in the past, but it has begun to pick up a bit. If they get to the point where we need a new police officer or three, or we need to fix the potholes in the road, or the library needs some extra things, even though we have the money REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 21 OF 30 in the general fund we could not do those things if home rule is not passed. Community Relations Manager Pat Brenner stated that is correct.They would have to take the money from somewhere else. Councilmember Wilson asked what would be the impact to our current police department, current public works, library and parks and recreation if home rule is not passed. Community Relations Manager Pat Brenner stated that would be a policy decision of the council on behalf of the community.He believes that many of those municipal services and functions that most communities take for granted would cease to exist. Councilmember Barker commented or shrink dramatically. Community Relations Manager Pat Brenner stated in the case of the police department it would shrink dramatically.If they think about the last budget cycle they went through and present the picture in your mind of sweeping $7.1 million off the table, it would give them a good idea.They probably could not afford it. City Manager George Hoffman stated to make it a little less abstract, they could completely close the library.Envision it with plywood boarded up over the windows.They could completely eliminate every penny from parks and recreation.If we had plywood, envision the multi-gen boarded up, the pool gates chained closed, and those two operations completely shut down and we would still have to look for money in administration and public safety.Public safety is our largest general fund budget.They could completely eliminate some of the smaller budgets, but they would ultimately have to end up at the police department because that is where the money is.It goes back to what Pat told you.When you have zero dollars in your base year for a library and almost nothing for parks and recreation, zero adjustment for population, anything times zero is zero.It is just a function of that REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 22 OF 30 state formula happening to apply to a city that was in its first year of operation.It was just getting started.It was not a typical year like it was for most communities. Mayor Insalaco opened the public hearing on the item. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, stated it is very difficult for him to conceive anyone understanding the issue and voting against it.It is the same as having an income of $10,000 and being only able to spend $6.You could not even spend the interest you are putting in the bank.It is one of the most ridiculous things the city is confronted with but we are and we have to go through the vote.He urged everyone to talk to their friends and urge them to vote positively. Ms. Maxine Brown, 6908 S. Crimson Sky Place, Gold Canyon, stated from 1978 to 1985 she was a town manager in southeastern Arizona.This is a critical issue and it needs to be passed.The Town of Patagonia was the second one to pass home rule in the early 80's.The first city was Casa Grande.It needs to be done and she wants to support them in it. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion, he closed the item as this was a public hearing only with no action required. City Clerk Kathleen Connelly stated because of the way state law is written, they now have to recess the regular meeting, convene the special meeting and ask for another roll call so that the record shows that they are all still here. Mayor Insalaco recessed the regular meeting and opened the special meeting.He asked for a roll call. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 23 OF 30 City Clerk Kathleen Connelly commented this is for the special meeting and proceeded with the roll call.All members were present. SPECIAL MEETING - PROPOSED RESOLUTION NO. 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION ) City Clerk Kathleen Connelly briefed the council on the item. 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 discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 12-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a short recess. Mayor Insalaco reconvened the regular meeting. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 24 OF 30 ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented they have the Construction Code Board of Appeals with four positions. Vice Mayor Dietz MOVED THAT DALLAS DEWEY BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ANTHONY BOWLER BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE PROFESSIONAL ARCHITECT OR ENGINEER CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented the Health and Human Services Commission has two positions. Vice Mayor Dietz MOVED THAT RANDY MULLEN AND JODENE WEETER BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR TERMS TO EXPIRE OCTOBER 31, 2015. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 25 OF 30 The motion carried. Vice Mayor Dietz commented he was hoping Christa Rizzi was here.She is on the Health and Human Services Commission and her term expires next year.She has missed four out of the five meetings for the last two years. He wished she was here so that he could ask her about it. Councilmember Serdy commented that is what he was discussing yesterday.She works.She can make it at 4:30 and they made it at 4:00.She needs it moved back and she would never miss a meeting is what she explained. Mayor Insalaco commented next is the Industrial Development Authority and they have three positions. Councilmember Waldron MOVED THAT JEFF STRUBLE BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco asked if they have a second one. Vice Mayor Dietz asked if anyone has anyone else.There are two more openings. Councilmember Barker suggested Rudolph Tameron.He was not here for the interview but he had good credentials. City Clerk Kathleen Connelly stated he had not been there for any interviews. Councilmember Serdy commented he used to coach Little League with Rudy.He lives over by REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 26 OF 30 Superstition Mountain Elementary School.His kids went to school here and he grew up here. Mayor Insalaco commented they can put him on and if he wants to he can. Vice Mayor Dietz MOVED THAT RUDOLPH TAMERON BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimious. The motion carried. Mayor Insalaco commented the Municipal Property Corporation has two positions. Vice Mayor Dietz MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE ON OCTOBER 31, 2015, AND I MOVE THAT JEFF STRUBLE BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion for the Public Safety Personnel Retirement Board. Councilmember Waldron MOVED THAT TOM JAMES BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016, AND I MOVE THAT CLYDE ALLISON BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD IN THE POLICE DEPARTMENT REPRESENTATIVE POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 27 OF 30 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF None. 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, NOVEMBER 5, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, NOVEMBER 6, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Maxine Brown, 6908 S. Crimson Sky Place, Gold Canyon, addressed the council regarding compliments she had received from people on the library and the multi-gen center and their staff. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, filled out a form but declined to speak. Mr. John Lupi, 1030 W. 14th Avenue, Apache Junction, addressed the council to thank the council for looking into the problems with the sewer district. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 28 OF 30 Mayor Insalaco commented when the sewer district started it was $20 to sign up, not $200.He came home and they had dug a hole in his yard for his sewer right by his pool.They had left a note asking him where to dig but it had blown away.He had two hook-ups in his yard and paid 8 years for them.He commented most of them on the council feel the same way. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:40 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 2, 2012. 3. Consideration of intergovernmental agreement with Pinal County for election and voter registration services for the March 2013 and May 2013 elections. ACCEPTED THIS 6TH DAY OF NOVEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF NOVEMBER, 2012. HN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 29 OF 30 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 16th day of October, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 31st day of October, 2012. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 30 OF 30