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HomeMy WebLinkAbout2012-09-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING SEPTEMBER 4, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 4, 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 Waldron 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: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Business Advocate Janine Solley Revenue Resources Manager Roger Hacker Program Coordinator Heather Patel REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 1 OF 30 Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE FISCAL YEAR 2012-2013 CITY COUNCIL LEGISLATIVE WORK PLAN BE ADOPTED; AND THAT APPROVAL BE GIVEN FOR THE COMMUNICATIONS STRATEGIC PLAN; AND THAT APPROVAL BE GIVEN FOR THE REVISED EMPLOYMENT AGREEMENT WITH THE CITY MANAGER RETROACTIVE TO JULY 1, 2012; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT AUTHORIZATION BE GIVEN TO PURCHSE FOUR FORD PURSUIT INTERCEPTORS FOR THE PATROL DIVISION IN THE AMOUNT OF $157,714.64, ONE FORD E-350 CARGO VAN FOR RETROFIT AS A PRISONER TRANSPORT IN THE AMOUNT OF $27,660.49 AND ONE FORD F-150 SUPER PICKUP FOR THE PUBLIC WORKS STREET DIVISION IN THE AMOUNT OF $26,440.33 FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT #ADSPO 12-016662 IN THE TOTAL AMOUNT OF $211,815.46, INCLUDING TAX; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR 2012-2013 RIDE CHOICE PROGRAM IN AN AMOUNT NOT TO EXCEED $26,432.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mrs. Robin Barker, chairperson of the Citizens Centennial Committee, presented a check to Ms. Laurie Armstrong, executive REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 2 OF 30 director of the Boys and Girls Club of the East Valley - Apache Junction Branch for support of its youth programs. Mrs. Robin Barker, chairperson of the Citizens Centennial Committee, presented a check to Liz Langenbach of the Parks and Recreation Department for support, of its youth programs. Mr. Wayne Standage, vice president for Friends of Apache Junction, presented a check in the amount of $2,000 to Liz Langenbach of the Parks and Recreation Department for support of its youth programs.The money is from their golf tournament fundraiser. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman commented on the formation of the police department cold case unit and the Centennial Committee winning the silver award for the Arizona Centennial Special Events for events with more than 20,000 in attendance. PUBLIC HEARINGS RESOLUTION NOS. 12-28 AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA )Business Advocate Janine Solley briefed the council on the item. Program Coordinator Heather Patel gave an explanation on how the boundaries were determined and the assessment that was done on the parcels within the proposed boundaries. Councilmember Barker asked if this can be amended in the future to bring in other areas if they see fit to do that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 3 OF 30 Program Coordinator Heather Patel stated they would not be able to change anything to date because of the mailers they have to send everybody.In the future, if the council chooses to redo the boundaries, they would redo this process. Councilmember Barker asked what this means for a property owner. Program Coordinator Heather Patel stated it means different things for different property owners. Councilmember Barker asked what it means for residential property owners. Program Coordinator Heather Patel stated it means that if they do not have sidewalks in their neighborhood, they could potentially see sidewalks.The whole idea of the redevelopment area is to see revitalization and improvements made.It is a focus to invest staff time to find the grants to invest in those areas. Councilmember Barker asked what it means for business properties. Program Coordinator Heather Patel stated it also means infrastructure, but also other programs that have incentives for businesses that could mean other options.A couple of weeks ago a commercial rehabilitation program was brought before the council.That type of program would only be eligible within a redevelopment area.It remains to be seen if it is a program they will move forward with. Councilmember Barker commented the bottom line for either business or residential is not that people will end up having to put out money because they have become a part of this district.Instead the city will be searching for grants and those types of things to improve those areas. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 4 OF 30 Program Coordinator Heather Patel stated that is correct. City Attorney Joel Stern commented there are also redevelopment statutes.If they are in a redevelopment area, certain things assist development had they not been within that area.The city can do certain things in addition to the grants.There are certain things with the sale of property and development agreements.If it is a redevelopment project, there are certain things the city would not have to do normally if it is outside a redevelopment area. It helps the city develop the area a little easier.Some of the state statutes are waived because they are in the redevelopment area. Councilmember Barker commented they are saying this is an advantage for the property owner. City Attorney Joel Stern stated it is also an advantage for the city, if the city actually wants to assist in the development of a property, if there is a redevelopment project aside from grants and other issues that Heather and Janine bring up. Mayor Insalaco opened the public hearing on the item. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He congratulated staff and the city council for moving in this direction to provide the extra assistance to residents. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Wilson commented it was mentioned that 76% of the roadways are substandard.He asked what could be done to the roads and how that would affect the community in the residential area. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 5 OF 30 Interim Public Works Director/City Engineer Giao Pham stated it will give the city options.It will allow them to look around for different funding sources for grants for drainage, utilities, roadway maintenance or others.He cannot tell them more as he would have to look at each neighborhood separately or wholly as far as being smart with their resources., A simple slurry seal might work on certain roadways but others, like Main, it will not work because they need to fix the drainage issue.It depends on the issues in each neighborhood.They have to remedy the issues by having that solution.It gives them more flexibility in financial options and opens the door to federal programs.It is working towards applying some of the federal money to residential roadways versus the arterial roadways. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES, ANNOTATED § 36-1471,ET SEQ, BE APPROVED; AND THAT RESOLUTION NO. 12-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION NO. 00-09, THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON MAY 16, 2000, AND RESCINDING RESOLUTION NO. 00-22, THE REDEVELOPMENT IMPROVEMENT PLAN FOR THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON SEPTEMBER 5, 2000, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4,_2012 PAGE 6 OF 30 SUPERSTITION MOUNTAIN COMMUNITIES FACILITY DISTRICT NO. 1 OPERATIONS AND ITS GOVERNMENTAL RELATIONSHIP WITH THE CITY )Councilmember Waldron declared a conflict of interest and left the room. City Attorney Joel Stern briefed the council on the item. Vice Mayor Dietz commented they will just wait until the next meeting and see what comes up. City Attorney Joel Stern stated they hope to have a written response from the sewer district fairly soon.The mayor, Chairperson Waldron, Ed Grabek and their attorney were at the meeting.He will share the response and it will be completely public.It will be shared as there is nothing to hide here. Mayor Insalaco closed the item with no further comments.This was a discussion item only and no action was taken. Councilmember Waldron was called back into the room. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF APPROACH TO ADVANCE PUBLIC ART IN APACHE JUNCTION )Business Advocate Janine Solley briefed the council on the item.She advised she would have various questions regarding public art to ask them in order to determine how the council wanted to proceed with public art. She asked if the council wanted to add public art to the list of exemptions in the procurement code. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 7 OF 30 Councilmember Waldron asked what the other exemptions are in the procurement code. City Attorney Joel Stern stated it usually deals with services such as accounting services and legal services.He did not have the list with him. Sole source is not under the exemption section.It includes other types of professional services except for architect and engineering.They have to use a Title 34 process for that. Councilmember Waldron commented he just answered his question with professional services. City Clerk Kathleen Connelly stated there are also certain library purchases. City Attorney Joel Stern commented there is also if public, works does a project for labor at $100,000 or less. The council consensus was to add public art to the exemption list. Business Advocate Janine Solley asked if the council would like staff to structure a process by which the city, via the city manager's office, can partner with a group or groups that have a 501C3 status in order for the city to either accept art or donations to procure public art. Councilmember Serdy agreed. Business Advocate Janine Solley stated this would give them the ability to work with an outside group that might be willing to do fundraising or do some legwork or groundwork in procuring some art for the city. The council consensus was to do so. Business Advocate Janine Solley asked how they would like to convey their vision for REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 8 OF 30 public art, such as using the Downtown Redevelopment Implementation Strategy as the visionary document as it talks about what the downtown can eventually be.They can continue to use that or they can use other ideas if they wish to suggest them.They could come up with a standardized statement as to what the council's vision is for public art.If groups want to work with them on that, they will have a great idea of what it is the city is looking for. Councilmember Barker commented she believes the Downtown Redevelopment Implementation Strategy definitely conveys the vision but she thinks that the council unanimously asked to have the piece that is placed there now.That piece definitely shows where the council is going. Vice Mayor Dietz commented it looks awesome.They did a good job. Councilmember Barker commented she believes that is a very good example to put into that statement so that it is something that potential artists might see and understand. Councilmember Serdy commented he believes the fifth question, whether there will be a plan or not, covers this as well.He thinks the first question and the fifth question will coincide when they get to the bottom. Councilmember Barker agreed that the plan seems to be the all -encompassing. Business Advocate Janine Solley commented they will need somebody to be the ultimate decision maker for the proposals or gifts that come forward to the city.She asked who would be responsible for making that decision: the city manager or should he appoint a committee of community members; the city council with the public art presented at a public meeting; or they might have other ideas as to who that should be. Councilmember Waldron commented he would like to see a committee of citizens do it. There should be a presentation to the council on what it will REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 9 OF 30 be.He thinks it is a great opportunity for community involvement. Councilmember Serdy commented they have some new members.He asked Janine to give some background on where this started, that we have already had a call to the artists, what Dave is,asking for, that a group chose some things and narrowed it down from a wide range.Things did not work out which is why we are discussing this further.If they let these committees come up with some ideas, he thinks the only thing council would do is if something was very horrible they would refuse it politely.The council does not want to be in on every decision on what the artists are going to create and bring to the council. Councilmember Waldron commented his only concern, and he understands that and has followed what has occurred in the past, is that he would hate to see the council seen as an arbitrator of art.To him, straight line is an art; beyond that he is not an artist. Councilmember Barker commented he cannot be on this committee. Councilmember Waldron commented his concern is that he knows what he likes, but that is not necessarily what the public wants. Business Advocate Janine Solley stated the original process that they used was staff reaching out and trying to get a broad group of stakeholders. The Chamber of Commerce, the school district, a member of SACA and city staff comprised the five member committee.They were simply seeking concepts when they started.They had no money for public art so they went out into the art community to find their willingness to share ideas with them.They did that with the assistance of SACA, who released a call to the artists, which is an invitation to bring ideas forward.They got into trouble once they got some money because they were then able to potentially purchase art but they did not go through the city procurement code.They utilized the idea of the committee, not a city manager appointed committee, but actually a staff committee who were working on a median enhancement project.It REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 10 OF 30 seemed to work.They were able to forward to the council the recommendation of the committee.They received five proposals and they came to a consensus on one proposal.It was brought to the city council and they ultimately ended up showing all five and letting the council make a decision.The difficulty with a committee is if they are going to engage them and ask them to be a recommending body, it can get sticky when you turn down their recommendation. Councilmember Waldron commented he is not proposing they fix something that is not broken.It is kind of a community effort.The more involved they are, the better we are. Councilmember Serdy commented what got turned down was the money aspect.We did not want to spend taxpayer money on it.That whole process took months and hundreds of man hours. Business Advocate Janine Solley stated it was not hundreds but it seemed like it. Councilmember Serdy commented when you add everyone that worked on it together, the artists and everyone else. Business Advocate Janine Solley stated then that would be correct, especially when you take into consideration the time put in by the artists to prepare their concept.She needs to know who they want to have make the ultimate decision. Councilmember Barker commented the committee is a good idea but it needs to be a wide group of citizens for a lot of,different views on what is art and what is not.She would like a consensus from a pretty broad group where they have not got just artists.There are going to be other people who will be driving by that area all day long. It would be really nice if that group could come to a consensus even though they may only see a straight line as art. Business Advocate Janine Solley asked if she could recommend a number for the committee. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 11 OF 30 Councilmember Barker stated it could not be too big or they would end up having a hassle on their hands. Councilmember Serdy commented they had five in the original committee. Mayor Insalaco commented there is nothing wrong with having five; if they have more than nothing might get done. Councilmember Serdy asked if they could leave it where if they find another group later that would be interested in it they could have someone join the committee.He asked how they could adapt to let another entity come in. Business Advocate Janine Solley asked if they wanted to do,a potential group size range. They could say a maximum of ten but only appoint eight and if someone expresses interest they can add someone. Mayor Insalaco commented the lower the number the better but that works. Business Advocate Janine Solley asked if they wanted five to ten. with those numbers. The council consensus agreed Business Advocate Janine Solley asked if staff should make some recommendations to the city manager on who the invitees might be. The council consensus agreed. Business Advocate Janine Solley asked who would be making the decision ultimately as to who would be on the committee.She asked if it would be the city manager or if they should discuss it with him. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 12 OF 30 Councilmember Serdy commented he thinks the city manager has done a good job on these in the past. City Manager George Hoffman commented the council would want, with staff assistance, the city manager to assemble a group of citizens to include the broad -based perspective that Janihe described, between five and ten persons in size. Councilmember Serdy commented these persons would possibly represent groups. Councilmember Barker commented they do not have to represent groups. City Attorney Joel Stern asked if they often mean entities when they say persons. Mayor Insalaco commented it could.An entity would be one person. City Attorney Joel Stern stated a 501C3 could be one of those positions. Mayor Insalaco stated that is correct.They do not have to have five members from SACA.It can just be one member from SACA.Other people can be members. Councilmember Barker commented the person would be a rppresentative from their group. Councilmember Serdy commented it would be like, for example, a garden club, an organization. City Manager George Hoffman asked if they would be responsible for doing the things listed on the screen.If he understands that construct, that puts them in that decision -making role, not the council, for example. City Attorney Joel Sterns asked if they are seeking a recommendation or an actual decision that they would make. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 13 OF 30 Mayor Insalaco commented if it is something that the public is not going to like, the council has the feeling they should have the right to refuse it. This is a community project and he would like to see them make a decision. City Attorney Joel Stern asked again if it is to be a decision or a recommendation to the council. Mayor Insalaco commented it would be a recommendation. City Attorney Joel Stern stated that the council would make the ultimate decision. Mayor Insalaco commented he believes they should.He feels it is part of their job.He does want to turn it down just because one of them does not like it.It has to be almost a unanimous decision amongst all of them.He feels they have the right people in staff that could probably do most of the work and just bring it before the city manager. City Manager George Hoffman stated he has heard one councilmember articulate their response to this question.He asked if the rest of them feel the same way. Councilmember Barker asked what response he is speaking of. City Manager George Hoffman stated the one the mayor just gave. Councilmember Barker commented if she understands the mayor's response correctly, he appears to be saying that staff would decide if it is appropriate, acceptable or wanted. Mayor Insalaco commented that they would also bring it before the city manager. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 14 OF 30 Councilmember Barker commented the city manager could then decide if the staff's recommendation is acceptable, appropriate or warranted and is, in fact, okay.She does not believe she can do that. Councilmember Serdy commented the artists are going to create this.It may not be created right away.They might have spells of two years or so where there is nothing being created or offered.They cannot just make an artist sit down and create something if these donations come and then the group that George is going to possibly form would say yes or come up with concepts.Going backwards, he gave as an example 9 in a row possible in the next two years. He believes he wants to safeguard number 10 as one they do not want.They want to be able to politely say no.The council would be saying they cannot take this. Councilmember Barker commented what he is saying is that this group that George is going to help put together with Janine would be the group that would take the donations, talk about possible concepts, et cetera, and when that group has a concept they think is tippy- top, then that group would bring it to the council.She asked the mayor if that is what he is saying. Mayor Insalaco commented Councilmember Serdy stated it perfectly. that is what he is saying. Councilmember Barker asked if Mayor Insalaco stated it is. City Manager George Hoffman asked if this would be the group that would accept money. Business Advocate Janine Solley stated they are not to that discussion yet. City Manager George Hoffman stated his group would vet these concepts and come back to council for final determination.They like the 92 pieces of REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 15 OF 30 art, they like the final recommendation, the council says yes or they say no. Councilmember Serdy commented he believes the senior staff member who is an artist should be a member of this group if time allows him.He does not want his time jeopardized.He wears many other hats as well.He would be a good advisor on what is feasible, letting them know they cannot build that because it will not work for the pedestal or not on the ground. Mayor Insalaco commented that is what he is saying; they have people on staff more qualified to say what can be done. Councilmember Serdy stated they are recommending they put at least one member of staff in this group as well, or two. Mayor Insalaco asked if he felt comfortable with that. City Manager George Hoffman commented this group vets the art and council makes the final determination. Councilmember Wilson commented they come up with the concept.If they have a concept on whatever it is, and it is approved by the council, then they go by that concept.The council Will accept whatever it is as long as it is within that concept.That way the arts committee is deciding what they want for the community and they are doing it instead of having to come forward with individual ideas.He does not want to have them feel they have to run everything by the council. Councilmember Serdy commented he believes question number 5 is being answered a little bit as we work down towards it. , Business Advocate Janine Solley stated this is the most difficult question.If we can REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 16 OF 30 get through this one, it is downhill from here.She is hearing they want a committee of citizens to be appointed by the city manager with a broad base group that has stakeholder representation, having five to ten members, with a 501C3 entity being considered a member and having a representative in the group, and they would be a recommending committee with the ultimate decision made by the city council.She suggested part of what they could do when working the process with that recommending committee, if they have multiple concepts, is to maybe bring forward two to choose from.It will depend on who the groups are.The next question is simple since they have already said yes to changing the procurement code.Previously they have had to adhere to the formal bid.SACA released a call to the artists in the first process.We have a similar city process they can use called the request for proposal.If we get some funding from a group that says they would like it used for art, they can do a request for proposal from artists.When the proposals come in, the body they have identified in the previous question is how they would select. Councilmember Waldron asked what she needed for direction on that one. Business Advocate Janine Solley stated she does not need any.She just wanted to make sure they are aware of the process if they get funding.If they get a donated piece of art it will come to the council as a recommendation and they can decide whether they want it or not. If it is money and they have to go out to the artists and say they need something created for a.certain pedestal and here is our vision, they will then come back with ideas.They would have a dollar amount at that time.She asked if the city should seek public art grants; do they want staff to expend resources working on finding public art grants. Mayor Insalaco asked if there are such things. Business Advocate Janine Solley stated there are.The alternative to actually having city staff spending time on that is to provide technical assistance from the grants staff to the established nonprofits. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 17 OF 30 They will then write their own grant applications and really participate in trying to come up with some funding. Councilmember Waldron commented if we provided technical assistance it would help the nonprofits learn the grant process.It would be kind of an educational process. Business Advocate Janine Solley stated that is correct. Vice Mayor Dietz commented that sounds good. Business Advocate Janine Solley stated she would put technical assistance for the nonprofits. Vice Mayor Dietz stated at the very beginning it would take a little bit more of staff's time, but as it progresses it should take less and less of staff's time. City Manager George Hoffman suggested they implement that direction with an understanding that if there was a revenue source only a municipality could go for we could still do that.We would not be disallowed by doing it from this direction. Business Advocate Janine Solley stated that is a great point.The primary focus is not to have staff scattered and working in all different directions running after grants.If they can help those nonprofits who want to help us acquire art, then that would be better.If something does come along for a municipality only, that will work.The last question is she wanted to make sure they are comfortable advancing without a public art master plan.They have 2 pedestals to fill right now; one of them is already filled.After that the city does not really have a plan for where our next piece will go.This body that will be created might be able to come up with some recommendations. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 18 OF 30 Mayor Insalaco commented that would be for the next one. Business Advocate Janine Solley stated it would be either the next phase or a different area in the downtown that could benefit from art.She recalled from earlier public art discussions the council was very desirous of a cohesive -looking project.As we do these items piece by piece, there is a little bit more of a chance we will have a potentially eclectic collebtion versus a cohesive piece. She wanted to make sure they are aware of it and are comfortable with it.It could happen. Councilmember Barker commented they could have this body working on a master plan for the entire median section or for the entire city. Vice Mayor Dietz commented he would assume for the city with the improvements on North Apache Trail, Plaza and as the downtown grows and expands.He is sure they will be putting more public art in the downtown. Councilmember Barker asked if they want group to begin this plan and bring it to the council or do they want them to just do the plan. Councilmember Serdy commented he thinks it is hard to form a plan right now. Councilmember Barker commented it is going to take some time. Councilmember Serdy commented it is going to take a long time to do it. Councilmember Barker commented it is going to definitely take some time, but where they are going next is probably not difficult as they have the two pedestals in the median ready to be filled. Councilmember Serdy commented he would be worrying about overcomplicating the process by restricting creativity.One of the problems with our meetings REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 19 OF 30 is they are once a month.This group could meet every day for four days and that is equivalent to four months in council years.He would not want to limit them. Business Advocate Janine Solley stated it may be they do not come up with a formal master plan for the council.They might have recommendations on two or three ideas of what you might consider next. Mayor Insalaco commented it would probably be a lot better if they do not complicate the issue.They need to let them get their feet wet on those few pedestals because who knows when the next phase will come down the line but they can be thinking of it. Vice Mayor Dietz commented they do not know what is planned for the downtown. Councilmember Serdy commented the last question has still got to be worked out once this group is formed.They will then have to give that group direction. They will need to be briefed on what we are doing tonight and that they were created to do what the council is talking about right now. Councilmember Barker asked if they want them to think about where the city will be going next. Councilmember Serdy commented that is correct. Councilmember Barker commented for clarity's sake, she believes what they have said is they would like to exempt public art from the procurement code, they would like a broad -based citizen committee gathered by the city manager, 5-10 maximum, a 501 would be considered one member, an organization would be considered one member, they would develop concepts for the city council to consider and staff would provide technical assistance for nonprofits to prepare grants, understanding the city could still take advantage of any grants they came across and the body could also be thinking about where we go next.She asked if that is basically what was said. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 20 OF 30 Business Advocate Janine Solley stated she is not sure if it needs to be part of the motion but they might want to utilize the Downtown Redevelopment Implementation and Strategy as the vision for public art so we have an idea of what we are conveying to them.Also, if funding becomes available we use the process of the request for proposals to seek artists' ideas about a particular project. City Manager George Hoffman asked if the next two pieces of art have been decided upon. Business Advocate Janine Solley stated they have not. City Manager George Hoffman asked if they would be subject to this process now. Business Advocate Janine Solley stated that is correct. There was general discussion as to whether a short recess was needed to formulate a motion and if the request for proposal was needed in the motion.It was decided neither was needed., Vice Mayor Dietz asked Councilmember Barker if she was going to make a motion now. Councilmember Barker commented she is not as Councilmember Serdy did not hear it and he wants to sure that everything is in it.First, that we utilize the Downtown Redevelopment and Implementation Strategy for the vision of public art, we exempt public art from the procurement code, the city manager gather a broad -based citizen committee, membership of 5 to 10, a 501 would be considered one member or any other organization would be considered a single member, that group would develop concepts to bring to the city council for our consideration, staff will provide assistance to nonprofits to procure grants, understanding that the city could still take advantage of anything that came our way, and the body itself that is formed would also recommend ideas for how we move REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 21 OF 30 forward with public art in the city.She asked if there was anything else. Councilmember Serdy commented just if other groups we do not know about can be added later. Councilmember Barker asked if the 5 to 10 members limits that. Councilmember Serdy commented if it is originally made at 5 it can be expanded on. Councilmember Barker stated it is 5 to 10. City Attorney Joel Stern stated if they say 5 to 10 it is arranged. Councilmember Serdy asked what if it starts out at 6 and a group gets angry and is not coming back.He asked if they can be replaced.He asked if it could be fluid. Councilmember Barker stated it would have to be.It is built in.Anything that has volunteers has to be fluid. City Attorney Joel Stern asked if she said the council would replace them. Councilmember Barker commented she did not. City Attorney Joel Stern stated the city manager would replace them. Councilmember Barker commented that is correct. Councilmember Serdy commented it sounds good to him. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 22 OF 30 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED TO GIVE DIRECTION TO STAFF THAT WE UTILIZE THE DOWNTOWN REDEVELOPMENT IMPLEMENTATION AND STRATEGY FOR THE VISION OF PUBLIC ART; THAT WE EXEMPT PUBLIC ART FROM THE PROCUREMENT CODE; THAT THE CITY MANAGER FORM A BROAD -BASED CITIZEN COMMITTEE OF FIVE TO TEN MEMBERS NOTING THAT ANY ORGANIZATION CAN BE ONE MEMBER; AND THAT THAT GROUP BRING CONCEPTS TO THE CITY COUNCIL FOR CONSIDERATION; THAT STAFF ALSO PROVIDE TECHNICAL ASSISTANCE TO NONPROFITS FOR PROCURMENT OF GRANTS WITH THE UNDERSTANDING THAT IF THE CITY COMES ACROSS SOMETHING WE CAN GRAB IT FOR ART; AND THAT THIS BODY WHICH THE CITY MANAGER IS GOING TO GATHER TOGETHER CAN ALSO BE ENCOURAGED TO RECOMMEND IDEAS FOR MOVING FORWARD WITH PUBLIC ART IN THE CITY. MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz SECONDED THE AMEND THE CITY CODE TO TEMPORARILY LENGTHEN TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HB 2826 ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented that a council member whose term is up next June, the year 2013, four years later they would have to go to an even year instead of the odd year.So their term would be about four years plus a year- and -a -half. City Clerk Kathleen Connelly stated under the current law that is correct.If they waited to see if the legislature changes it'to allow shortened terms, the terms would be reversed and it would be six months less than a four year term.It not only impacts those individuals who will REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 23 OF 30 be elected next year, but it also impacts those on the council who were elected two years ago. Mayor Insalaco commented it affects all of us. . City Clerk Kathleen Connelly stated there will be two election cycles before we are all caught up with this particular bill, presuming it does not change at some point. Vice Mayor Dietz commented each council position will be extended. City Clerk Kathleen Connelly stated that is their choice.Right now they have the ability to say extend the terms.They would have to wait until sometime next year to have the ability to say to shorten the terms. Councilmember Serdy commented they cannot assume that the legislature is going to change it so we might as well go ahead with plans to do it one way or the other. Councilmember Wilson commented he is concerned about waiting until close to the election to make that selection.It gives the idea they are doing this because of who is running for office.He would like to divorce it from that.They have no idea who will be running for those positions.He would like to make the decision ahead of time instead of waiting until the last minute. Mayor -Insalaco and Vice Mayor Dietz agreed. City Clerk Kathleen Connelly stated that is a very good point.Right now none of them are candidates for next year, but by the time this comes full cycle they could be or they could be in between the March and May elections.It is an unfortunate circumstance that the legislature did what they did.Given their past history, they usually do not do these bills until later on the session.They do not convene until January, theS, do not do these bills until REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 24 OF 30 later on in the session, presuming that whatever is suggested to them is limited to this particular shortening term.If it is not signed by the governor until May or June, and there is a 90 day period before it takes effect, unless it has an emergency clause, it creates an interesting problem. Mayor Insalaco commented Apache Junction is not the only city this is affecting. City Clerk Kathleen Connelly stated about two-thirds of the cities and towns in the state are affected. Vice Mayor Dietz commented he thinks they should just go ahead and give direction to extend. Councilmember Waldron commented if they do something and the legislature changes something, one goes in one end and you do not know what is coming out the other end. City Clerk Kathleen Connelly asked the city attorney if he is okay with extending the terms. City Attorney Joel Stern stated if they vote to extend the terms now and the legislature acts on it in a timely manner with an emergency clause so it does not bump it into next year, that law would preempt anything that the city council passes.They would be okay there.He is uncomfortable with shortening the terms because of Title 9. Title 9 states a city council member shall serve 4 years.He would not recommend that but it is up to the council.He would recommend that they take some action now so that the city clerk can get out in the packets at least a disclaimer or something saying to the candidates that they might be getting a term, if they run next year, through 2018.They would actually be seated in January of the following year.The other election, the one after that, the election would be in 2016. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 25 OF 30 Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGRADING AMENDING THE CITY CODE TO TEMPORARILY LENGTHEN TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HB 2826; THAT WE TAKE NO ACTION AT THIS TIME TO AMEND THE CITY CODE PENDING POSSIBLE CORRECTIVE ACTION BY THE STATE LEGISLATURE AND THAT THE CITY CLERK BE DIRECTED TO ADVISE POTENTIAL MAYOR AND COUNCIL CANDIDATES FOR THE MARCH 2013 ELECTION THAT THE TERMS OF OFFICE MIGHT BE LENGTHENED OR SHORTENED DUE TO HB 2826. Vice Mayor Dietz asked if that was what was needed. Mayor Insalaco commented it is not. City Clerk Kathleen Connelly stated that is one of the options she presented to the council. The other one was to simply direct to lengthen the terms.The third one was to do nothing tonight and think it over a little bit more and come back. Vice Mayor Dietz commented they just need to temporarily lengthen the terms of office for mayor and council positions. City Clerk Kathleen Connelly stated we do not need the city code change because we are preempted, if she understood that correctly. Councilmember Waldron asked if she needed direction on telling the candidates. stated that is correct. this is to lengthen it. stated that is up to the council. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 26 OF 30 City Clerk Kathleen Connelly Mayor Insalaco commented that City Clerk Kathleen Connelly Councilmember Waldron commented since they do not know what changes will be made the option is there, just in case, for either way. City Clerk Kathleen Connelly stated he can do the motion that is in the packet which makes no decision tonight to either lengthen or shorten, it simply postpones that.It will have to come back to the council, but it may not come back until next May which is after the election. Or they can do nothing tonight or they can simply direct to advise candidates that the terms will be lengthened. Vice Mayor Dietz commented he thought that is what they wanted to do, to lengthen the candidates' terms. City Clerk Kathleen Connelly stated they can lengthen the terms and it does not require a city code change. ,Councilmember Wilson commented they do not have a second on that motion. do not, so he can amend that. Vice Mayor Dietz stated they City Clerk Kathleen Connelly Councilmember Waldron There was general discussion stated he can withdraw the motion. WITHDREW THE MOTION. on what needed to be in the motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TEMPORARILY LENGTHENING TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HOUSE BILL 2826: TEMPORARILY LENGTHEN THE TERMS OF OFFICE AND TO ADVISE THE CANDIDATES THAT THE TERMS WILL BE LENGTHENED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 27 OF 30 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. 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, SEPTEMBER 17, 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, SEPTEMBER 18, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Sandra Maxwell, 2650 W. Superstition, Apache Junction, addressed the council to thank the police department and fire district for their quick response to her mobile home park and to request city assistance on electrical systems that are not in compliance with city codes. Vice Mayor Dietz asked the city manager to see if there are any issues with this or if staff can look into it and see if there are any electrical violations or code problems.We have run across this in the past. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:31 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 28 OF 30 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of August 21, 2012. 3. Consideration of adoption of the Fiscal Year (FY) 2012-2013 City Council Legislative Work Plan. 4. Consideration of approval of the city's proposed Communications Strategic Plan. 5. Consideration of revised employment agreement with city manager. 6. Consideration on the purchase and award of fleet vehicles for the Police and Public Works departments through State Contract #ADSPO 12-016662 in an amount not to exceed $211,816.46. 7. Consideration of agreement with East Valley Adult Resources for Fiscal Year (FY) 2012-2013 Ride Choice Program in an amount not to exceed $26,432.00. ACCEPTED THIS 18TH DAY OF SEPTEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF SEPTEMBER, 2012. HN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 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 4th day of September, 2012.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of September, 2012. At ,- KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 4, 2012 PAGE 30 OF 30