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HomeMy WebLinkAbout2011-04-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 19, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 19, 2011, 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 Coleman Councilmember Serdy Councilmember Smithson 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 Business Advocate Janine Solley Community Relations Manager Pat Brenner Captain Arnold Freeman REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced that Senate Bill 1041 was passed by the house and is awaiting the signature of the governor. This will enable Arizona to attract business and industry.A lot of other states are competing with Arizona for future projects like the one over in Mesa, and they are also trying to take companies we already have.He requested people contact the governor and urge her to sign the bill. Vice Mayor Dietz stated he and the mayor attended a fundraiser for the Boys and Girls Club on April 11.They seemed to be doing very well.That morning the police chief, a member of Central Arizona Association of Governments and he were at the multi-gen center to attend the kickoff for National Crime Victims Week. AWARDS, PRESENTATIONS AND COMMUNICATIONS Community Relations Manager Pat Brenner gave a presentation on the Citizen Leadership Institute.Mayor Insalaco presented certificates of graduation to the 16 graduates of the 13th Citizen Leadership Institute. CITY MANAGER'S REPORT City Manager George Hoffman commented on Mountain Health and Wellness being a finalist for receiving $100,000 of photable tag panels in the Earthwise Energy Program associated with Salt River Project; the recent reconstruction on Cedar Drive, Warner Drive, and Ironwood Drive; slurry seal projects in Ironwood Estates I and the Cimarron subdivisions, Apache Junction REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 2 OF 12 Industrial Park, a portion of Delaware Drive and Tomahawk; upcoming reconstruction on Ironwood Drive, Winchester, Plaza Drive, and Lawson Drive; completion of the design for the Meridian and Southern intersection; customer service by city employees at the Lost Dutchman Marathon and at the library; and commented on an article by Gary Gardner from the Parks and Recreation Department published in the national magazine Parks and Rec Business. PUBLIC HEARINGS ORDINANCE NO. 1374, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, ARTICLE 3-14 PROPERTY DISPOSITION ) )City Attorney Joel Stern briefed the council on the item. Councilmember Wilson commented it says in "ii" that it would be up to the discretion of the chief to return a gun to a lawful owner of the gun.He asked if a general family member could be the owner of the gun or would they have to meet the background check. Public Safety Director Jerald Monahan stated the rewrite of the ordinance allows them to make that determination on a case by case basis.They will use all existing information and documentation.If there is any question, they will consult with the city attorney and with representatives of Alcohol, Tobacco and Firearms.Their goal is to establish the ownership through legal means and substantial information available to them.Their desire, in reflect for the mayor and council and in the interests of this community, is that if it is appropriate to do so they want to return a weapon to a lawful owner.They will take advantage of all available information to do so. City Attorney Joel Stern added the reason it does not say family member is because they could have a situation where you have an accident and a weapon is found in a vehicle.The question is whose weapon is that. They might have a claim from a spouse, a son, the spouse may not be married anymore, or they might have someone who claims that REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 3 OF 12 they let that person and they happened to The question is what claims converging on theirs.They cannot have to find out who time to sort out. borrow the gun for two days to check it out get hurt or killed in this car accident. happens to the gun.They have all these the police department all stating it is just give it to the family member.They the lawful owner is.It could take some Councilmember Wilson asked what happens if the lawful owner is the individual that was killed. City Attorney Joel Stern stated there is probably a will and it will take some time to sort out. Councilmember Wilson commented he is basically looking for that there are other ways of going about to distribute it, especially if it is a gun that is desired and the police chief can recognize that someone wants it to get back to the family or survivors.He was worried on whom the lawful owner would be; the person who physically registered the gun or can it be someone else involved in it. City Attorney Joel Stern stated that is the question, and what it would take to sort that out.It will take some time.If there is no will, the testate laws of Arizona take place on what happens to someone's property if they do not have a will and who it would go to.There is a way they would have to track that.If the city gives it to the wrong person, then the city would get a claim for the loss of that item.That is why it says that and why it may take some time to sort out, depending on how many people put a claim on it. Public Safety Director Jerald Monahan stated they will keep the weapon in safekeeping while this is all being worked out.It will not be destroyed as a routine matter of our operation.He pointed out one feature is really beneficial for them and he appreciated their allowing them to put it in.It is in Paragraph G:"Subject to test firing."It will be viable for them to do if in the opinion of the criminal investigations commander it should be done.They REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 4 OF 12 have learned recently that the testing facility's funding will be cut by 50%.The testing site in Mesa could be moved to Phoenix.They would certainly want the ability, if we have the resources, to do the test firing.If they do not have the ability in every case, this ordinance allows them to consider our own resources to do it. Mayor Insalaco asked if the weapons that have been sold have brought money in and helped the budget out in any way. Public Safety Director Jerald Monahan stated they have had two online auctions in 2010.The last one was in December.They have made a total of $9,957 off of those two.The last sold 53 weapons.Those dollars are being turned back into their ammunition budget, which is about $20,000 a year to keep the staff proficient and qualified per Arizona POST standards.Those online auctions are directly benefitting his ammunition budget. Mayor Insalaco opened the public hearing on the item. Mr. Brandon Gaster, 556 E. Southern, Apache Junction, asked if there is a copy of the dockets online.He asked if they are available to the public. City Clerk Kathleen Connelly stated they are online. Mr. Brandon Gaster stated he did not see an address.He asked if there is somewhere he can go. Assistant City Manager Bryant Powell stated it is www.ajcity.net.Go to the government section, to council, and then under the agenda. Mr. Brandon Gaster asked if he would need Adobe Reader to read it. Assistant City Manager Bryant Powell stated he would not. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 5 OF 12 Councilmember Smithson stated he could also use the outstanding city library. City Attorney Joel Stern commented the version he has given them is not online.If this passes tonight, the mayor will sign it and a copy can be obtained through a public record request to get the actual copy of it. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1374 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No. 1374 by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1374 BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT THE COPY THAT WAS GIVEN TO US BY THE CITY ATTORNEY BE THE DOCUMENT WHICH WE HAVE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. City Clerk Kathleen Connelly clarified she is talking about the one with the attorney's signature of April 19. Councilmember Barker stated that is correct. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 6 OF 12 VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CITY TOW POLICY/POTENTIAL REQUEST FOR PROPOSAL FOR TOW SERVICES )City Attorney Joel Stern briefed the council on the item. Councilmember Barker commented she understands that this agenda item deals with the request for proposal.She asked if it also deals with updating the policy itself. City Attorney Joel Stern stated it does.They have to update the policy.They can repeal the policy at the same time they do the request for proposal.They do not have to have a code section if they have a contractual position.There is no requirement under state law to have a separate code section.It depends on how they want to do it.If they want to direct staff to create an ordinance that repeals he would wait until after the request for proposal process is completed and they have signed contracts for different companies. Public Safety Director Jerald Monahan stated he and Captain Kelly were there to answer any questions.They desire to see a policy or procedure that allows them some consistency.In discussions with the industry, he believes they desire the same thing.They have seen from the industry that when they have received a complaint against one of them and the department has approached them, there has been a diligence to resolve the complaint.Going to a different policy REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 7 OF 12 seems to be a way to gain the consistency and balance that the mayor and council desire to meet the needs of the community.It will also meet the department's needs and he believes the industry's needs as well. Councilmember Smithson commented the request for proposal would lead to us reaching an agreement with a specific number of tow operators.He asked if they would still be using the rotation system among those. Public Safety Director Jerald Monahan stated that is correct.They would retain the rotation- based system. Councilmember Smithson asked if they had anywhere from 3 to 6 it would automatically rotate among all of those. Public Safety Director Jerald Monahan stated that is correct. Councilmember Serdy commented they would make sure that these are local companies.They would like to keep this local with home offices here.He keeps remembering when rental car companies had all their license plates from Florida just to work the system.He would hate to see Phoenix and Chandler companies getting on our rotation.He would like to know they are giving preference to our local companies and protecting our businesses here. Public Safety Director Jerald Monahan stated that is understood. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY TOW POLICY/POTENTIAL REQUEST FOR PROPOSAL (RFP) FOR TOW SERVICES:THAT WE GO FOR AN RFP THAT SETS PRICES, THAT ADDS A MANDATORY AUDIT, THAT SETS THE NUMBER OF COMPANIES UP TO 5 WITH THE INITIAL RFP AND THEN REDUCES TO 4 WITH ATTRITION IF A COMPANY DROPS OUT.THAT IT INCLUDES ANY EQUIPMENT OR REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 8 OF 12 REQUIREMENTS UPDATES TO OUR CURRENT POLICIES, AND THAT IT INCLUDE AS MUCH OF THE ORIGINAL ORDINANCE AS IS POSSIBLE AND NECESSARY. City Attorney Joel Stern suggested they have a time limit of no less than 90 days to get this done. Councilmember Barker AMENDED HER MOTION TO ADD A TIME LIMIT OF NO LESS THAN 90 DAYS. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF A "BRAND" FOR DOWNTOWN APACHE JUNCTION )Assistant City Manager Bryant Powell briefed the council on the item. Vice Mayor Dietz commented he thinks it looks good. Councilmember Barker asked what the little "wrench" is to the left of the "A". Vice Mayor Dietz stated it is a rattlesnake getting ready to bite. Assistant City Manager Bryant Powell asked if they wanted them to work that a little bit. Vice Mayor Dietz asked them to do so. Councilmember Coleman commented it is a great idea. Assistant City Manager Bryant Powell stated the next thing they need agreement on is the tag to do so. commented it is a great idea. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 9 OF 12 line.The ones they seemed to like earlier are "surrounded by legends" or "naturally inspired".The downtown businesses gave positive feedback on all of it with a slight preference for "Surrounded by Legends".There were some suggestions on fonts but that is dependent upon events.Immediate applications would be wayfinding signs, banners for Plaza and Phelps, and Call to Artists median pedestal opportunity. There was general discussion on which tagline was preferred.The consensus was "Surrounded by Legends". Councilmember Serdy commented the naturally sounds like it could be a health food community. We have more history out here than most of the other valley cities.He would definitely rather go with the legends one. There again was general discussion on the tagline.The consensus from both sides of the council was "Surrounded by Legends". Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SELECTION OF A "BRAND" FOR DOWNTOWN APACHE JUNCTION:THAT WE SELECT THE PRESENTATION THAT BRYANT GAVE US WITH THE "AJ" BRAND AND THE TAGLINE OF SURROUNDED BY LEGENDS. Councilmember Barker 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, MAY 2, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 10 OF 12 THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, MAY 3, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the annual dinner and dance fundraiser for the Boys and Girls Club. Mr. Mansoor Naqvi, 16 E. Greentree Drive, Tempe, addressed the council on behalf of the Arizona Real Estate Investment Association and the Arizona Rental Property Owners and Landlord Association regarding working with staff on real estate and property issues. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:59 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of April 5, 2011. ACCEPTED THIS 3RD DAY OF MAY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF MAY, 2011. 9-414,4L (./JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 11 OF 12 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of April, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of April, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2011 PAGE 12 OF 12