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HomeMy WebLinkAbout2018-03-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 6, 2018 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 6, 2018, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present:City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Liz Langenbach Finance Director Donna Meinerts Others Present:Grants Coordinator Heather Patel Assistant to the City Manager Anna REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 1 OF 24 McCray Public Information Officer Al Bravo Sponsorship/Partnership Programs Administrator Roger Hacker ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy recognized the Four Peaks Elementary School student council for their hard work within their school and the community. Sponsorship/Partnership Programs Coordinator Roger Hacker gave a brief presentation on the individuals and/or organizations that made donations to support city activities, programs and projects. Parks and Recreation Director Liz Langenbach gave a brief presentation on Superstition Area Land Trust and their donations and assistance to the city. Mr. Charlie Goff of Superstition Area Land Trust gave a brief presentation on the mission of the organization and their upcoming events.He encouraged the trail system to be developed throughout the valley. Public Safety Director Tom Kelly commented on the Explorer program and the support provided by the Apache Junction Mounted Rangers. Mr. Rich Sterba from the Apache Junction Mounted Rangers commented they are proud to be a part of Apache Junction and help in any way then can. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 2 OF 24 Sponsorship/Partnership Programs Coordinator Roger Hacker stated since the inception of the program they have had 618 donors that have contributed $173,000 to city projects. Mayor Serdy commented on the Light the Trail program. Councilmember Rizzi commented there were approximately 20 participants in the program and people could vote online but only vote one time.They are hoping it will grow and get all the businesses involved and make this a destination place at Christmas time. Mayor Serdy commented they had businesses besides those on the Trail put up lights and he called the businesses out to make it bigger next year and every year thereafter.He then presented Arizona Tiremen Services an award for being the Light the Trail winner. Councilmember Rizzi commented they hope to get more businesses involved next year and make it a serious competition. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced on February 21 the library held a volunteer recognition lunch for all the people that volunteer hundreds of hours with the theme being super heroes.They held a jeopardy contest on super heroes and the event was very well attended. Councilmember Waldron announced this past weekend we did a neighborhood clean up in the area south of Broadway and west of Delaware.They put out seven dumpsters and picked up about eleven tons of stuff. Councilmember Struble announced the Imagine Prep boys' basketball team played in the state championship game and did a great job against the returning state champions.They represented the city well and both teams showed amazing sportsmanship. Councilmember Struble announced Evan Quiroz from Apache Junction High School was selected as the Regional Player of the Year. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 3 OF 24 Councilmember Struble announced the high school drill team went to Las Vegas and took third nationally. Councilmember Struble commented the student council kids are a great example of the kids that will be working their way up.He congratulated them for stepping up and taking leadership roles. Councilmember Evans thanked Public Services and Walmart for their contribution in helping clean up the Sierra Entrada neighborhood.This was the fourth neighborhood clean up that has been done and it was organized through the Community Development Corporation.She thanked their board members and the city staff that assisted in the clean up. Councilmember Evans commented the hazardous waste pick up had a long line of people that got shut out since it was only open until noon.With all of the clean ups that are being done she suggested the city take action on either a one provider once a month or once a quarter bulk pick up on the streets.She thanked everyone for their hard work and thanked Pizza Hut for providing pizza and soda afterwards. Vice Mayor Wilson announced he went to Arizona State University last Friday and listened to Dr. Crowe give a speech on the future of the university. Vice Mayor Wilson announced March 10-11 is the Antique Engine and Tractor Show at the rodeo grounds. Councilmember Waldron announced many of them went to the police department awards dinner last Friday night where they received peer recognition. Councilmember Rizzi commented she attended the graduation ceremony of two young police officers about two years ago and they received awards from the police department. Mayor Serdy commented he saw the Arizona horsemen cleaning up after Lost Dutchman Days rodeo.He thanked everyone for the hard work put in. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 4 OF 24 City Manager Bryant Powell thanked the Community Development Corporation for their first clean up event, city staff that assisted and the police department for all they do, and commented on clean ups for the city, the hazardous waste event and announced Anna McCray being promoted to Assistant to the City Manager. Assistant to the City Manager Anna McCray stated she is proud to work for the city and thanked her mentors Bryant Powell and Matt Busby. City Manager Bryant Powell requested a video be shown on the library and thanked the library volunteers. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CITY OF APACHE JUNCTION MISSION AND VISION STATEMENTS )Mayor Serdy commented lately staff has been so efficient that is it a testament to their agendas being very small so they have been rolling in work session items into the regular meeting agendas.This saves on expenses and staff's time.Work sessions are a little less formal and there is more discussion than at the regular council meetings.He commented if this continued, they could even start with a work session, adjourn it and start with a regular council meeting on the same night.Others cities do this and he would like some feedback on that if they think it would be a good idea. City Manager Bryant Powell stated they have the next step in the possible consideration of a vision and updated mission statement.They worked on them in October and September they worked through the town hall process, then through the retreat, and we are now at a point where he can REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 5 OF 24 turn this over to Al Bravo who has put together a few slides to give them an update on where that has been over the last couple of months.Tonight they will discuss it, give it some thought and they will bring them back at a future meeting for approval so we can have it as part of the budget process and general plan process. Public Information Officer Al Bravo briefed the council on the item. Councilmember Waldron commented he read through these and they are obviously very good. In the vision statement, the second sentence starts off with "we will" as it does with the sentence under the mission. He suggested the second sentence should belong under the mission statement as opposed to the vision statement.It is more of an action item. Public Information Officer Al Bravo asked if it could be "should" instead of "will". Councilmember Barker commented "setting" or "while setting a high standard". Councilmember Waldron commented that sentence is kind of the stuff we will do as is the one under mission.Maybe it is just the wording but it struck him that maybe that should be moved into the mission part of it as opposed to the vision.Mission is kind of the actions. Councilmember Evans commented this is thought out and she also wanted to know if they should have residents first in the vision statement, visitors second. She thinks our residents are our most important asset. Councilmember Barker agreed. Councilmember Struble commented we started this last year to renew our vision and mission statements that we had in our master plan and everything, general plan, he gets all those plans mixed up.For the audience, the vision statement is basically a statement for the community that says who we are and where we are going. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 6 OF 24 Where the community is going.The mission statement, in essence, is how we are going to get there.That is how it all started out.He would like to extend his heartfelt appreciation for everybody that took part in the all of the activities all the way through from staff to getting everything all organized and all community members that took part in the town hall last September.When we attended the youth activities council meeting, the kids really bought in to what they were doing and had some great ideas and insight as to where they want the community to be going.It really moved him to see so many people get involved in it and really put their heart and soul into it to try to come up with something here.He read what staff put out there.The way he looks at a vision statement, it is something that we can use as a start.If you are in business, you use an elevator speech or whatever, you might want to say.It is something that can really roll off your tongue, is easy to remember, especially in his brain which has a lot of words out there.You can probably tell he cannot pronounce peoples' names.It is something that just has to be able to roll off our tongues and be able to be presented to people out there.He really appreciates what staff has come up with.He would like to throw out the idea of combining both sentences in the vision to come up with something.This is what he wrote and they can all talk about it:"Apache Junction is a diverse community of beauty and heritage that will bring prosperity, compassion and forward -thinking to its distinct residents, visitors and businesses".That is what he was kind of thinking. He was throwing it out there for an idea for a vision statement. Councilmember Barker asked him to repeat it. City Manager Bryant Powell asked for it again.The idea would be that if we have this recorder, we can watch in here but if we can repeat that, we can put it on and then they can discuss. Councilmember Struble commented what he wrote was "Apache Junction" because what you want to do is you want people to know who you are, and so "Apache Junction is a diverse community of beauty and heritage that will bring prosperity, compassion and forward -thinking to REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 7 OF 24 its distinct residents, visitors and businesses".It kind of combines both of the sentences. Councilmember Barker commented that first of all, the word distinct is used.Diverse hits much better than distinction. Councilmember Struble commented okay. Councilmember Barker commented the movement from diverse to residents and visitors is so that we put them in order in which we like. Councilmember Struble agreed. The priorities within our community.That is it exactly, that is true.Our residents, visitors and then businesses.He did not quite get what she said about diverse and distinct. Councilmember Rizzi asked if she was suggesting that the community was diverse. Councilmember Barker commented its residents are diverse.Its businesses are diverse.And its visitors are diverse.Distinct infers standing out as a single dot out there. Councilmember Struble agreed. Councilmember Barker commented whereas diverse really explains the mix of people. Councilmember Struble commented they can put diverse down where distinct is. Councilmember Barker commented rather than distinct. City Manager Bryant Powell asked Councilmember Barker to read what she had been thinking. Councilmember Barker commented she was a little bit concerned as she likes the word REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 8 OF 24 picturesque setting rather than beauty because she thinks it talks about everything that way.She does like the switching around of the verbiage on his, but she likes some of the wording of staff better. Councilmember Struble commented he just could not figure out how to say it, the diverse community of picturesque. Councilmember Barker commented a community set in historic, picturesque beauty. She's trying here.She has not seen this until just now so she is trying. Vice Mayor Wilson commented she is saying an historic, picturesque community of beauty and areas. Councilmember Barker asked if that is saying the same thing. Councilmember Struble commented he was just trying to find words that fit in with the sentences instead of picturesque and historic. Councilmember Waldron asked if the word prosperity belongs in there and how will that happen. Councilmember Struble asked how passion happens. Councilmember Waldron commented passion is feeling, prosperity is for tangible items. Councilmember Struble commented part of prosperity is to bring economic development. Councilmember Waldron commented he gets that.He is not sure if it belongs in the vision statement. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 9 OF 24 Councilmember Struble commented we want to bring economic development to the community. commented that is mission. Councilmember Barker Councilmember Waldron agreed. Councilmember Struble commented we want to bring prosperity to lift people up in their economic life.That is what he thinks prosperity is. Councilmember Waldron commented he does like it in the second sentence, where it talks about the high standard, but he is not sure if prosperity should be there. Councilmember Barker commented he is not sure what prosperity is. Councilmember Waldron commented it says a high standard of developing programs, events and attractions.He likes that.That is what is going to bring people here if we set the bar for the type of events and attractions we have here. City Manager Bryant Powell stated it looks like we are still working through this.It has been a few months.We have worked through the views of council. Staff now has a little bit of input and can come back with two or three options.It has not been completed and another month will be okay, if that is okay with the council.They can maybe send out the information ahead of time and maybe get some more interaction that way. Councilmember Rizzi asked if the councilmembers could send in some emails so that the next time they bring it back they could have some more suggestions. She asked if that is possible. City Manager Bryant Powell stated this is ultimately the council's vision and it needs to REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 10 OF 24 be done as a collective group.This is way over in the public policy area.Staff wants to implement their vision and mission. He thought it might be a good idea to take some of these and give three different options on different words. Public Information Officer Al Bravo stated he can easily draft them up with the notes he has taken from tonight's discussion as well as anything else that comes in.He will do it quickly. Councilmember Waldron asked if they would be voting on this later on. City Manager Bryant Powell stated the thought at the retreat was that you would vote on this by resolution. Councilmember Waldron commented then they want to avoid the emailing. City Manager Bryant Powell stated he does not want to be doing emails back and forth. Staff will work on it and send over three options. Councilmember Rizzi commented her suggestion was if councilmembers had different verbiage they should email them to Al, not to each other. City Manager Bryant Powell asked Councilmember Struble if he had any thoughts. Councilmember Struble commented he likes the mission statement.It tells us how we are going to get things done. Councilmember Evans commented she has one comment on the second sentence where it says we will set.She suggested while setting or with setting.She suggested just getting rid of will. Vice Mayor Wilson commented that is why he said by setting a high standard. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 11 OF 24 City Manager Bryant Powell stated if there are any other comments they can keep working it. Mayor Serdy closed the discussion and moved on to the next item.This was a discussion item only. FISCAL YEAR 2018-2019 HEALTH AND HUMAN SERVICES PROCESS AND FUNDING ) briefed the council on the item. City Manager Bryant Powell Councilmember Barker asked for clarity's sake, he is inferring that $28,000 go to parks and recreation for the senior center transportation and that the remaining $72,000 is left for health and human services.We are cutting into the health and human services every year more and more. City Manager Bryant Powell stated the services for transportation are the same.If they wish he can put $100,000 in there and then they have parks and recreation competing. Councilmember Barker commented she understood the $22,000.The $28,000 is a little much but because the idea behind health and human services was to assist those groups within the community who have clients that are in the community who need various things, whatever those things may be.We have funded a building for Community Alliance Against Family Abuse and food for the food bank.We have done a variety of those types of things.She thinks those are important, too.She would hate to see them continue to bite into that budget.It seems like if they are going to do it this year, she would like to see it stop there so that they know from now on that the health and human services at least gets $72,000 if we could manage that rather than next year say transportation this year is $30,000 and the next year transportation this year is $40,000.We have to find other avenues and we have been saying this since we started, since we took over the senior center.She asked if we have to find funding avenues for the senior center are those avenues going to be the health and human services budget. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 12 OF 24 Councilmember Waldron commented he agrees with the cap part of it, however, prior to us taking over the senior center part of the health and human services budget was transportation. Councilmember Barker commented it did. Councilmember Waldron commented so that money is still going for transportation. Councilmember Barker commented she is asking for a cap on it which we would do in the health and human services as they went through that.We were still funding transportation for East Valley.They would cap it at a certain place because they would have other applications they had to consider. City Clerk Kathleen Connelly stated the health and human services commission never allocated funding for transportation at the senior center.It went through LTAF and other sources but it never went through the commission. Councilmember Barker commented it was transportation that went through there.She asked if they never did any transportation through there. City Clerk Kathleen Connelly stated there was some.Remember, there was Ride Choice. Councilmember Barker commented there were a couple of things. City Clerk Kathleen Connelly stated there were some lingering programs.There was some minor transportation but mostly what the commission recommended funds for was the congregate meals and the home -delivered meals.That was the bulk of their recommendation. Councilmember Barker commented those things are being handled through the parks and recreation budget. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 13 OF 24 City Clerk Kathleen Connelly stated that is correct. City Manager Bryant Powell stated the funding source have changed over time.Parks and recreation covers that same service. Councilmember Rizzi commented she used to serve on that board and she thought it was $120,000 at that time. City Clerk Kathleen Connelly stated it was somewhere around $110,000 and it was rolled back. It has never been as low as $72,000. Councilmember Rizzi asked when did they cut it back to $80,000. Assistant City Manager Matt Busby stated he thought it was $80,000 during the recession and we were having layoffs. Councilmember Rizzi commented we kept it at $80,000 for several years. City Manager Bryant Powell stated then they were able to go back to $100,000.They can start at $75,000 or they can try for more.His interest is making sure that we definitely want to keep it going, definitely need to set aside a budget and they will see how revenues and expenditures go.They will do their best to do the best we can and also do our best on our part in being a partner in the contract. Councilmember Waldron commented they are going to change the procedure so that it is done earlier. stated that is correct. City Manager Bryant Powell City Clerk Kathleen Connelly stated it can be done earlier but this is something that Joel REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 14 OF 24 would have to get involved in.She asked how they would do that so it is contingent upon successfully completing the existing contract if you do not want to throw good money after bad.She thinks it is workable. City Manager Bryant Powell stated he thinks it needs to be very workable.It is very important as this $100,000 of a $24 million general fund budget. We want to be very clear on how these contracts are done.They need to be able to go and do the services and we need to reimburse them.We need to do the work up front from his end and then they need to be done with it.He spends a significant amount, probably more than they know, of the city manager's time dealing with the nonprofits over the last two years of helping them understand this but he also feels we need to do our part in communicating with them.Otherwise, he may bring another recommendation that we really relook at this altogether. Councilmember Struble commented he had a question.He went through this last year but it was his first year and he was still learning all the procedures, time frames and everything that goes along with it. He asked that he be corrected if he was wrong.We approved the money back last November or something.He asked for what time period was the money awarded. City Manager Bryant Powell stated July 1 to June 30. Councilmember Struble commented that money will be used up by June 30, 2018.They will have had to report back to us that they have done what we expected them to do with the money, sometime after July 1. City Manager Bryant Powell stated they will need to produce and show evidence that they have served our community in a seven -month period from November. Councilmember Struble asked if they would be giving us the report in July since it ends on June 30. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 15 OF 24 City Manager Bryant Powell stated as soon as it is produced.Kathy is our contract administrator. City Clerk Kathleen Connelly stated the contract says for each quarter because they have to report quarterly.They have to file their quarterly report within 10 city working days after the end of the quarter.Their June 30 report is filed somewhere around mid -July. Councilmember Struble commented they are changing the process of awarding 2018-2019 money in June of 2018, but maybe he misunderstood. City Manager Bryant Powell stated that would be a perfect time.The same time we do the budget we align the contracts so that they understand what they are going to be able to do and produce starting July 1 and would it be the same as our fiscal year. Councilmember Struble asked when would the processes start in January for when we put out a request for whatever that reason. City Manager Bryant Powell stated in January by code Kathy's staff will send that out. Councilmember Struble commented they will put it out there so that they can send it to us by like March or April or something. City Manager Bryant Powell stated Kathy has a process.He thinks it is by the end of January. City Clerk Kathleen Connelly stated letters go out to various agencies that have asked to be put on our list.Those letters go out very early in December and they have until January 31, or whatever the last working day in January is, to submit their requests. Councilmember Struble asked if that is the way it has always been. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 16 OF 24 City Clerk Kathleen Connelly stated that is by code.That is the way is has always been. Councilmember Struble commented that we did not actually award them until November for this past year because we delayed it because of whatever reason. City Clerk Kathleen Connelly stated for a variety of reasons including late filing of that last quarterly report. Councilmember Struble commented on the timing of it.Probably after three-quarters of the year we will know whether or not an entity is performing the duties of what they are supposed to be doing.We will be able to make a judgment upon those.He asked if that was correct. Councilmember Barker agreed. City Manager Bryant Powell asked the city attorney if they can hardwire that into the contract. City Attorney Joel Stern asked if he meant the new ones or the existing ones. City Manager Bryant Powell stated the new ones. City Attorney Joel Stern stated they can.There is a way to do that. Councilmember Struble commented he is trying to understand the process here.We can make an educated decision as to who we want to award those monies to. City Attorney Joel Stern stated part of the problem is, and he does not get involved in this but he hears about it, sometimes the invoices come in and they do not really represent what is actually supposed to be done under the contract.As Kathy said, sometimes they are late and sometimes they are real late and they are demanding their REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 17 OF 24 money.Sometimes you cannot give the money to them.They have to meet everything they have agreed to in the contract and sometimes that does not happen and so they do not get paid. Councilmember Barker commented in the contract we have to be much more specific about the 10 days.If it is not received in 10 days, they are done. She is sorry but that is the way life goes.In order to do this, we have to have certain rules in place.If these folks are awarded these contracts and cannot meet those rules, then she is afraid that they are going to have to be off the list. Ten days is pretty good at the end of the quarter. City Clerk Kathleen Connelly stated it is 10 city working days. Councilmember Barker commented so that is two weeks and that is not bad.The TPTs give us 15 days or some absurd thing and mine is usually done within the first 5 days of the next month.Number one, they have to look at these contracts, number two she agrees with him wholeheartedly that this needs to come to us in May, and so that we can then decide on them and be done with it when we get that budget in June, it is already there and we have it done.She agrees with him 100% that three-quarters would be perfect.That means that April 10 or thereabouts we ought to have those third- quarter things in.That gives us a month to have health and human services meet et cetera. City Clerk Kathleen Connelly stated she would have enough information at that time, and in some cases she has enough information now, to let the commission know how some of the agencies are doing with the current agreement. Councilmember Struble asked if they can award a contract before we approve a budget. City Attorney Joel Stern stated it would be on the same night.They would get them signed so that the council would know they have been signed and have not made any changes to the contract.All the mayor would have to do is sign off on it. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 18 OF 24 Councilmember Struble commented that is the plan.It is basically do the same thing. City Clerk Kathleen Connelly stated again, the contract would be enforceable and usable if they meet the terms of the existing one.It would have to be contingent is some way, shape or form, at least this time. Councilmember Barker agreed. Councilmember Struble asked if they have to award all the money. City Clerk Kathleen Connelly stated they do not. Councilmember Struble asked if there is anything out there that says they have to. City Manager Bryant Powell stated there is no mandate. Councilmember Struble commented hypothetically, they have 5 people, current entities that we are using and one of them does not fulfill the obligations of their contract.The other 4 have requested money that does not add up to this $72,000 or $78,000, wherever we are at.He asked if they are obligated to get to that level or amount. Councilmember Barker commented they have other people on the list.It is not that we use the same 5 or 6 people. Councilmember Struble commented he understands that.He is just asking about the process. City Manager Bryant Powell stated it is a legislative decision. City Clerk Kathleen Connelly stated if they really want to change the process she did some REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 19 OF 24 really quick research in the past couple of days.There are communities that have small grants, and they are using the word grants.They are specifically for city residents only and these are mainly art programs.But there is one community that the grant availability is limited to $10,000 per agency.That agency cannot be receiving city assistance in any other way, shape or form.And they have to have matching funds in the form of cash, no in -kind contributions.There are all kinds of models out there.She does not think there is much wrong with our model but if they wanted to really dig into it there are other options. City Manager Bryant Powell stated he really thinks our model is great but it does need some fine tuning.That will really help both sides and they will work to bring a council direction to staff to them very quickly. City Clerk Kathleen Connelly stated what would really be ideal is if there are some strong words in there that say if they are not in compliance by this day, their funds are ended. Councilmember Barker commented she liked that.These are taxpayer dollars that we are giving them to help taxpayers.If they are not meeting that criteria then they should not be receiving those funds. City Clerk Kathleen Connelly stated these are local taxpayer dollars which she emphasizes to all of the organizations.Unlike larger cities like Phoenix, Tempe and Mesa, who have available federal grants to them so they can be more liberal with how they use the funds, we do not have that. Councilmember Rizzi commented she is a little surprised to hear that the rules were not a little more stringent.She was under the impression that if they did not meet the deadlines that they were not getting the funding.She thought that they did have that as part of the contract. City Attorney Joel Stern stated the language allowed them to submit continuing invoices REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 20 OF 24 but they would not get paid until they submitted something that staff agreed meets what they are supposed to be doing.We did not cut them off. City Manager Bryant Powell stated he thinks this establishes a nice opportunity to hit the reset button.This is easy.We have a great health and human services commission who do great work in working through it to have that discussion as we work through this next fiscal year. Councilmember Waldron commented he thinks the other argument is if we do not award the money until November or wherever then their services are not being provided because they do not know if they are going to get the funding.And then all of a sudden they are thrust into a small time frame.He thinks this needs to be done. City Manager Bryant Powell stated they need to get this in the proper order. City Clerk Kathleen Connelly stated she receives quarterly reports from some of the agencies even before the contracts have been awarded. Councilmember Waldron commented he knows that some of them know they have dedicated funding and stuff and they cannot provide those services until they have the money in hand.He thinks it is a disservice to them if we are asking them to do this and they do not have the funds. Mayor Serdy asked where they are going from here. City Manager Bryant Powell stated he is thinking in two weeks or maybe the first meeting in April they will seek council direction to staff and at that point they will be able to bring them back in May or June.He is hoping they can bring the health and human services commission recommendations back in May or June of each year. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 21 OF 24 City Clerk Kathleen Connelly stated they only have four applications, the same four agencies as previously and for a total of $110,000. Mayor Serdy commented when he was at city hall today he saw the budget meetings have already started and there is a lot of behind the scenes work.People do not realize how hard it is to put that budget together. Anything to make it easier and more streamlined.He then closed the discussion on this item and, as this was a discussion item only with no action, moved on to the next item. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 19, 2018, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MARCH 20, 2018, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Ms. Shirley (no last name given), 1617 S. Cortez, Apache Junction, addressed the council regarding considering paving Cortez between 16th Avenue and 18th Avenue and requested the city to keep up the city property in front of their RV park. Ms. Dana Osborne, 5130 E. Superstition Blvd., Apache Junction, addressed the council regarding the health and human services REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 22 OF 24 contracts time frame, the amount of funding, hours spent on the reports and rewriting the contracts and processes. ADJOURNMENT )Mayor Serdy adjourned the meeting at 8:17 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of February 20, 2018. ACCEPTED THIS c a 7 DAY OF A14 -e644 , 2018, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS A 70 164 DAY OF i4)444*,2018. ATTEST: KATHLEEN CONNELLY City Clerk t I i f JEF I,ERDY May•r CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 23 OF 24 day of March, 2018.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of March, 2018. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2018 PAGE 24 OF 24 CITY COUNCIL REGULAR MEETING MARCH 20, 2018 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 20, 2018, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Struble led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Struble Staff Present: (Councilmembers Rizzi and Waldron were absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager Anna McCray REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 1 OF 26 Others Present:Building Official Dave Zellner ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 18-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S 2019 HIGHWAY SAFETY PLAN, BE APPROVED. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker announced she attended the Itty Bitty Olympics on Saturday and watched little kids having fun. Vice Mayor Wilson announced the Budweiser Clydesdales were at Fry's last week.They will be making periodic visits throughout the area. Councilmember Struble announced Travis Cavares-Brodie from Imagine Prep made the all -state basketball team and Mikah Adams is participating in the girls high jump and Emily Rutkowski is participating in the hurdles at the state track meet.Both are from Apache Junction High School.A bunch of other kids are representing the city elsewhere and making the city shine. Mayor Serdy commented he was asked at a forum where he would take people to highlight the city and he could only think of the events the city does, either doing them or facilitating them, such as the Bluegrass event and the Blues Festival which are highlighting the town. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 2 OF 26 Mayor Serdy commented on a post from Facebook where someone moving from out-of-state drove around various East Valley communities and decided on Apache Junction as the people here are friendly. CITY MANAGER'S REPORT City Manager Bryant Powell introduced Andrea Chisholm, outgoing chair of the chamber. Ms. Andrea Chisholm gave a brief presentation on the performance of the Visitor Information Center for the last quarter, requested they eliminate the door swing counts and conference room entries due to their inaccurate data and instead use the visitor log sheet in the future and introduced new President/Chief Executive Officer Michael Eastwood. Mayor Serdy thanked the chamber for all that they do.They are the bridge to Gold Canyon, East Mesa and Mesa, connecting the entire East Valley.They also showcase the city by letting others use their conference room. Assistant City Manager Matt Busby gave an update on the monthly financial report. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY FOR APRIL 21, 2018 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council. Ms. Sandie Smith addressed the council.She stated she is the vice president of the club and chairperson of the event.They have it every year and raised over $100,000 for the local club last year.The money does stay here to benefit them.The event license is very important. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 3 OF 26 Mr. Russell St. John, branch manager, addressed the council.He stated this is the 20th year of the event.It is titled Boogie Fever this year for music back in the 70's.He invited the council to join them. Mayor Serdy asked if there is anything new this year and who would be catering. Ms. Sandie Smith stated it will be catered.They will be having more entertainment by the kids.It is a welcome addition.Every year there will be something new. Mayor Serdy asked if there are still tables available. Ms. Sandie Smith stated there are still tables available, but they probably only have about five left. Mayor Serdy asked how someone would find out about how to get those tables. Ms. Sandie Smith stated they can contact Russell or herself.She gave her phone number and email address.She would help them get to Chairperson Connie Lane. Mayor Serdy 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 Evans MOVED THAT THE SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY FOR APRIL 21, 2018, SUBMITTED BY RUSSELL ST. JOHN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 4 OF 26 VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR DIRTWATER SPRINGS )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy asked if they should talk to Mr. Zellner now if they have questions or should the applicant come up. City Attorney Joel Stern stated either way. Mayor Serdy called for any questions. Councilmember Barker asked why the planning division found all of these fire hazards when the fire district signed off with no major problems. City Manager Bryant Powell asked Dave Zellner to come up and explain how the process goes and then they can have Mike Farber from the fire district follow up after that. Building Official Dave Zellner stated he is a past fire inspector along with being a building official.There is overlap between the two codes. Sometimes enforcement falls strictly under building and sometimes it is under fire but in some cases it is joint. Councilmember Barker asked if he contacted the fire district on those issues. Building Official Dave Zellner stated there were some emails exchanged.The way it was presented to him was that they thought they had seen the same things that he did but he did not get any feedback as far as REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 5 OF 26 what those things were.He did talk to Brenda about the concerns and she shared some of the things that fire had noticed but he did not think all of them were addressed.He thinks she knows what they are.It is a situation where some of the things cannot be fixed immediately so they will try to work with her on a plan.There are some immediate hazards like propane tanks that need to be removed.Hopefully that has happened.Some of the other stuff is hood -related and other things. City Manager Bryant Powell asked if he could give an example of how the codes overlap. Building Official Dave Zellner stated the egress issues are covered in both codes.The building code actually specifies the requirements for distance, door hardware and stuff like that.The fire code says they will enforce that and they have some specific things.The fire code is more for existing businesses and maintaining the functionality.The building code has a goal of having it built correctly and having it maintained and in compliance.Sometimes they find things are not in compliance.One of the issues he found that they probably would not have noticed was there were some water heaters added and they did not complete the installation the way they needed to in order to comply with the code.That is something that would not be in the same report. That is partly why you have both go because there are certain things one has a better understanding of than the other.There were some things he hopes will be picked up later. Councilmember Barker commented her thought is it seems to her that when you find things that are obvious, this entire paragraph is based on fire hazards with extension cords, heaters, et cetera, that we need some communication with the fire district so both entities are aware of these situations.He goes at one point and they go at another point.They really need to be saying the same thing or be really close.That was her concern. Mayor Serdy requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 6 OF 26 Ms. Brenda Barnum, Dirtwater Springs, 586 W. Apache Trail, addressed the council to answer any questions. Mayor Serdy asked if she is the new owner. Ms. Brenda Barnum stated she is the new owner of Dirtwater Springs.She apologized for having stage fright. Councilmember Barker commented one of the things in the report was building was going to be working with you to try to alleviate some of these problems. Ms. Brenda Barnum stated they have already fixed several of them, like the water heater he mentioned.They have added the piping, added the ventilation and removed the extension cords.They have fixed a lot of it already.Some of the bigger stuff is going to take a little bit of time.They have gotten a proposal from Flatiron Electric to add a couple of more outlets so we can remove some extension cords. Councilmember Barker asked if she told Dick he should have fixed this stuff. Ms. Brenda Barnum stated they had a nice chitchat. Councilmember Barker commented she would have loved to have heard that conversation. Mayor Serdy asked if they would have a different menu or add any services. Ms. Brenda Barnum stated they have been changing a few things.The main menu that has been there forever they have kind of left alone.It is kind of the core that the core clients come in for.They are having different specials and trying to adjust some things.They are REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 7 OF 26 adding some new things like a gluten free menu and fresh vegetables. Mayor Serdy opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR DIRTWATER SPRINGS, SUBMITTED BY BRENDA BARNUM, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQOUR LICENSES AND CONTROL. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, INDIVIDUAL, SERIES 12 LIQUOR LICENSE FOR PHO EVER )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council.The applicant declined to speak. Mayor Serdy opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to council discussion. Councilmember Barker commented what she is getting is that we have three problems. There is a problem from the police department due to a pending criminal case and confusion as to who owns what.There is the tax problem and the building official who says go for it but. Mayor Serdy commented his thoughts on it are those things are in the past.He asked how REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 8 OF 26 they would make money to get out of this funk they are in if we do this and hurt the business.It is like throwing someone in debtor's prison.He asked how they could pay their debt when they cannot work.He hates to see a business close because of an action we do.He would hope we would continue to work with them to get through these problems.He would not like to really see them not have their liquor license, especially going into the summer.Anyone that has a business here, a matter of a few hundred dollars can make a big difference in June, July and August.It is easier to make money here in the winter. Councilmember Barker commented she is concerned about the confusion in ownership. That is a pretty big deal.That is not past, that is right now. City Clerk Kathleen Connelly stated she has had and she believes the police chief has had conversations with an official of the department of liquor licenses and control.Some of what you see in the packet are comments reflective of his concerns as well. Mayor Serdy requested the chief come up when they are done discussing. Councilmember Struble commented he understands where the mayor is coming from, but all they are being asked to do here is a liquor license.It is not for the sale of food to customers.There is a thought process out there and believe him, he is a business owner and he works with business owners all day long.It can be argued that there are too many regulations the government puts upon the business owners, but he is sitting on a city council that has to implement those ordinances and we also have to regulate and enforce.It is one of those things where they are wearing two hats on this.It is one of those things where if you own anything, whether it is a car, a house or a business, a bicycle, a horse, whatever it is, along with ownership comes responsibility.One of the parts about owning a business is that you work under the ordinances, laws and regulations that are put forth before you at the time you open that business.We can say this is because of in the past but it really is not because some of those things are ongoing.He thinks that is something that really needs to be taken into account.We have REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 9 OF 26 to hold those people that want those privileges of owning a business and the right to own a business and the ability to own a business to be held accountable to the possibilities they have. Mayor Serdy asked the police chief if the city does not know who owns it then how do we know who the problem is.He asked the city attorney if they deny now what would the process be if they rectify these problems.He asked if they could get a license later and if it would be more difficult then or easier. City Attorney Joel Stern stated if they deny it now the recommendation would go to the liquor board.The city clerk sends a letter of denial with the reasons why and the liquor board will look at that information and the packet and they will decide if they are going to agree or not with the city.If they say they agree with the city, usually, in order to get that, someone from this council should show up and explain the reasons.They do not like attorneys but they will listen to council members and the mayor.If they say they agree with the city and they are denying it, then he can reapply 1:?ut he has to fix some of these things, or actually all of the things.It is not more difficult because he has a black mark as he does not think the liquor board sees it that way. They will make sure everything is done correctly.If they approve it today, then they will just say yes and they will approve it.They probably will not deny it.The chief has some issues they may want to hear. Public Safety Director Tom Kelly stated basically their concern is that the establishment has been selling alcohol without a license.Conversing with agents of the liquor commission, they were made aware of it and they made several attempts to correct the action.The action continued.His department opened an investigation on it and found out they were continuing to sell alcohol without a license.That is their objection.The commission said that they had other issues in regards to past taxes and fines that have not been alleviated yet.That is their problem and not ours.Ours is the illegal activity of continuing to sell alcohol without a license.That is their argument in a nutshell. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 10 OF 26 Mayor Serdy commented when this business sold the license went with the previous owner. That is why there is no license.He asked if they know a drop dead time as to when that was. Public Safety Director Tom Kelly stated he does not. City Clerk Kathleen Connelly stated the previous owner is no longer in the state.He sold the business and the individual who purchased the business was supposed to have the liquor license transferred.Even though that occurred months ago, he did not do so.And she knows of at least two or three visits by the state inspector and he made multiple requests for this process.To follow up with what Joel said, if you recommend denial this would become a mandatory hearing before the liquor board.They would take testimony from the city and their own inspector and then make a decision based on that. Councilmember Struble asked how soon the hearing would be. City Clerk Kathleen Connelly stated she thinks they meet monthly. City Attorney Joel Stern stated it would probably be within 60 days. Councilmember Evans commented she wanted to know if she was understanding correctly that there were three different time frames that it was noted he was selling alcohol without a license after they were notified. Public Safety Director Tom Kelly stated he knows there were two but he cannot say for sure there were three.There were the two prior notices by the agent on the liquor commission and he spoke to the proprietor on those occasions.When he spoke to him he said he had obviously advised him he was no longer selling alcohol and we found out he continued to do that. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 11 OF 26 Mayor Serdy asked if the notices were in person, not by mail. Public Safety Director Tom Kelly stated he did not know if they did it by mail, he is certain there was other communication with him, but they did it in person. Mayor Serdy commented there is a bit of a language barrier.He asked if he felt they understood. Public Safety Director Tom Kelly stated he could not speak for that as he was not present when they did it.He assumes they went through the proper protocol to advise him of the right process.The liquor agent was actually kind of surprised this was not removed from the agenda for this evening. Councilmember Evans asked if the tax issue is both current and past. City Clerk Kathleen Connelly stated she could not answer that.All she can say is that it is an unresolved tax issue.Because of the confidentiality she cannot say anything further. Councilmember Evans commented she understood that.She wondered if they should be penalized for something they acquired.That is why she is asking that. City Clerk Kathleen Connelly stated she has no reason to believe the tax issue has been resolved. Councilmember Struble commented to answer that one, when you purchase a business, part of the due diligence you do is to see and make sure that any taxes owed are taken care of prior to the purchase of a business. Mayor Serdy commented he had not closed the hearing yet.He can tell that the applicant is REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 12 OF 26 trying to get our attention.He asked if he could have him come up now. City Attorney Joel Stern stated he can reopen it and then reopen it to the public. Mayor Serdy requested the applicant address the council. Mr. Kheit Ha, 300 S. Phelps Drive, Apache Junction, addressed the council.He stated he had not bought a business but when he worked with him he told him he would give him a month to try it and he said they could use the license.When he went to do the liquor license he had another guy do the license for him.He said he got it ready and he was waiting and waiting.He was told they would send it to him.He kept waiting and waiting but he did not get it.He called and talked to them and they said give them everything but they cannot get the money from the bank so he had to go renew it again.Right after that the chief came in and looked for the license.After that he told him to stop and he stopped right away.And he went to Phoenix and he paid for the license.They did it for him. Mayor Serdy asked if he thinks he has a license. Mr. Kheit Ha stated yes.He did the license for him.Everyone he hired, everybody, the guy did for him. Mayor Serdy commented he is under the impression that he has a license. Mr. Kheit Ha stated that is correct.The chief called to him and he told him he has a license. Mayor Serdy commented which is why they continue to do that.He thinks there is a language barrier.At one time we had a business advocate.He knows we moved on from that but this would be a good time to have REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 13 OF 26 somebody like that in the future to help.He thinks there is still some confusion on how the license works. City Attorney Joel Stern stated if he feels like it, he may want to continue this for two weeks.Maybe some outreach could assist on some of the questions if he feels generous. Mayor Serdy asked if anyone else thinks that it could help.They could see what kind of license he has and how that could happen.It is only a couple of weeks. City Clerk Kathleen Connelly stated he does not have a liquor license and that is the problem. Councilmember Evans asked if he is still selling liquor. Mr. Kheit Ha stated he is not; he has a temporary one right now.They already gave it to him. Councilmember Evans asked who gave it to him. Mr. Kheit Ha stated when he went to Phoenix. Mayor Serdy commented it almost sounds like he is a victim here and we need to get to the bottom of this.Maybe the police department needs to investigate just what has happened there. Public Safety Director Tom Kelly stated he will contact liquor.This is a state liquor license, it is not a city liquor license.This is a state problem versus ours.They just went over there to investigate the allegations that there was alcohol being served.He will contact the agent tomorrow morning.He will tell him what the confusion is and maybe he can assist. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 14 OF 26 Mayor Serdy commented under those circumstances we might want to consider just giving it another couple of weeks to see exactly what the situation is. Public Safety Director Tom Kelly stated he will follow up with him. City Manager Bryant Powell stated Elan has been working with him and is engaged in this. In time they will be able to do some of that.That is a function of Elan's, to try where we can. City Attorney Joel Stern stated that would be April 3 if they are going to continue it. Mayor Serdy commented there is nothing scheduled with the state yet so this will not go to them yet. City Attorney Joel Stern stated they have not taken action yet.They are still within the 60 days. City Clerk Kathleen Connelly stated that is 60 days from the date they accept the application. Mayor Serdy asked if there was anyone else that would like to speak on this item. Ms. Angela Vanwiller, 2075 N. Delaware Drive, Apache Junction, addressed the council.She asked if they give them a piece of paper with the license number on it.They could check to see if he has that.He could bring it in with him.That would be a good idea. Mayor Serdy closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THEY CONTINUE THIS ITEM TO APRIL 3, 2018. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 15 OF 26 Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous, (During the vote Councilmember Struble commented he wanted to make sure that staff keeps on this and makes sure there is no liquor sold in the next two weeks.He does not know how they are going to do that but he wants to make sure that the business owner or whatever status he has takes this as a very, very important issue, and that we are giving him a break on this thing.And that he do whatever he needs to do to make compliance.) The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 18-05 FOR CONTINUING PARTICIPATION IN THE ARIZONA METROPOLITAN TRUST EMPLOYEE BENEFITS PROGRAM )Human Resources Director Liz Riley briefed the council on the item. Mayor Serdy called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 18-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY'S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST, BE APPROVED. Councilmember Struble SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 16 OF 26 The motion carried. REQUEST TO REJECT THE PROPOSALS RECEIVED FOR BID DSD-2018-01, IN- OFFICE RESIDENTIAL AND COMMERICIAL PLAN REVIEW, COUNTER PLAN REVIEW AND INSPECTOR/PLAN REVIEWER TRAINING AND REQUEST TO SEEK OTHER OPTIONS FOR CUSTOMER SERVICE IMPROVEMENT )Building Official Dave Zellner briefed the council on the item. Assistant City Manager Matt Busby stated those amounts were much higher than they expected. Councilmember Evans asked if they were actually looking for an independent contractor.That is what she kept seeing as she read it but she could not understand how one would relate to the other.The dollar amount per hour would be light for anyone with that area of expertise according to her knowledge.Especially being only 20 hours a week versus 40.She asked what they would be doing for another 20 hours. Building Official Dave Zellner stated the way he wrote the original requirements was actually less than what you would typically do.He was not looking for someone to replace his experience or knowledge but someone who could supplement what we had at the inspector level and plan reviewer level.His background also includes third party as a plan reviewer and the hope was a company might look to somebody they wanted to train or to be a building official that had some of the basic experience would want to come and have them work here.The idea would be that along with the 20 hours they would have been able to do other moneymaking things. They would not be hiring them just for 20 hours.Some companies may have sought to find someone who was recently retired or that would come to work for them for 20 hours that had the qualifications.That was a thought, also.This would fit better not for the bigger companies; it would have been a smaller firm that was looking to build up their practice.It would have worked well for them.It would have given them a REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 17 OF 26 source of income and then they would have been able to fill in with some other things.Part of the problem is the price for the hourly rates for these kinds of services are highly influenced by California and we are not there.They want to give you all of the stuff they do there and charge us the same amount and we do not have that capacity. Councilmember Evans asked if he is going to do another request for proposal. Building Official Dave Zellner stated he thinks they are going to entertain some other solutions.They may even talk to Central Arizona Governments about something.They had some suggestions that may be a solution.They may also do a contract employee for the city for a short time.They would like to know the timing for when state land is going to be opened down south before they bring on another staff person that they would be committed to for five or ten years.They may even sign the retired person directly on a contract.Part of the idea behind the request for proposal was to tie into a little bit bigger resource. Councilmember Struble asked if the companies that supplied some information to do this were local or from California. Building Official Dave Zellner stated none of the specifically local companies applied. The two companies that applied have presence in the west. Safebuilt is a Colorado -based company that is trying to get a presence here and Shums Coda is very active but they are large, regional providers of this service.Based on what he could tell from the procurement, there were some people that downloaded it but they did not receive any responses from some of the local companies as they had hoped. Councilmember Struble commented in essence what they are trying to do is put a presence and then try to find somebody to hire for a full-time position expecting full time payment and obviously cover all the benefits that go along with it. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 18 OF 26 Building Official Dave Zellner stated his having been a part of those solutions, there are several ways to cut it.He thought he had created the potential solution that would work both ways.It did not seem to hit the right note. Councilmember Struble asked if he knew of any companies in the valley that could have done the work. Building Official Dave Zellner stated he is not tied in here as he has only been here three years.There are a couple they could possibly reach back out to but he thinks they were aware of the request for proposal.Part of the struggle is a lot of those companies are like everybody else.They are hurting for people and running at pretty much their full capacity.It is difficult right now for everybody in the construction, engineering and drafting industries as they are kind of maxed out.That may have been another factor. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE TWO PROPOSALS RECEIVED FOR DSD-2018-01, REQUEST FOR PROPOSAL FOR IN -OFFICE RESIDENTIAL AND COMMERCIAL PLAN REVIEW BE REJECTED FOR BEING UNRESPONSIVE AND THAT STAFF MAY SEEK OTHER OPTIONS FOR THIS CUSTOMER SERVICE IMPROVEMENT. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF HEALTH AND HUMAN SERVICES COMMISSION PROCESS )City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 19 OF 26 Councilmember Barker commented this is a really good idea.We should have done this long ago. Councilmember Struble agreed and commented this is a much -needed process adjustment for the city to do.He wants to make sure that if there are any contracts, in his personal opinion if any contracts are redone or added or changed or anything that we do not lessen the compliance level we are requiring of our agencies. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE HEALTH AND HUMAN SERVICES COMMISSION FUNDING PROCESS:THAT FUNDING REQUESTS SUBMITTED TO THE HEALTH AND HUMAN SERVICES COMMISSION BE SUBMITTED TO THE CITY COUNCIL BY MAY 31 OF EACH FISCAL YEAR ALLOWING THE HEALTH AND HUMAN SERVICES COMMISSION TO TAKE INTO CONSIDERATION NINE MONTHS OF EACH FUNDED AGENCY'S PERFORMANCE OF THEIR CONTRACTED OBLIGATIONS; THAT THERE BE A LEGAL REVIEW OF THE HUMAN SERVICES AGREEMENTS TO DETERMINE IF CHANGES ARE NEEDED TO STRENGTHEN VERIFICATION AND COMPLIANCE WITH CONTRACTED OBLIGATIONS; AND THAT COUNCIL CONSIDER AND TAKE ACTION ON HUMAN SERVICES FUNDING REQUESTS TO COINCIDE WITH ANNUAL ADOPTION OF THE FINAL CITY BUDGET. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADOPTION OF CITY VISION AND MISSION STATEMENTS )Assistant to the City Manager Anna McCray briefed the council on the item. Councilmember Barker asked if they could add the word "natural" before beauty.She asked if that would be agreeable to the council. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 20 OF 26 The consensus of the council was that would be a great idea. Assistant to the City Manager Anna McCray continued with her briefing.She advised she had received an email from Councilmember Rizzi voicing her concerns with the vision statement.She is okay with the mission statement.She said she did not think it was appropriate for the city to use the term specifically "bring forward thinking and prosperity" in the vision statement.She is thinking more along the lines of a safe community and quality of life in place of those specific words. City Manager Bryant Powell stated that is her thinking in terms of how she views what the role of the city is.She wanted us to make sure that we shared that with you. Councilmember Barker asked her to repeat it.She got the quality of life. Assistant to the City Manager Anna McCray stated she is specifically looking for something along the lines of referring to a safe community and quality of life versus the forward thinking and prosperity portions of the vision statement. Mayor Serdy commented the prosperity thing kind of makes sense because it is not the city's job to make people prosperous. Councilmember Struble commented he would disagree with that because everything we do, whether it is the zoning issues, the weeds, whether we allow people to do liquor licenses, whether we work with other communities or whether or not we put in sidewalks.We just appropriated almost $200,000 to put in sidewalks and streets and everything else which goes towards providing people the opportunity to go out and make a living and appreciate their property values.Prosperity means an accumulation of goods and wealth if you want to call it that.He believes every decision that they make as a city council really does lead to everything like that.We do not necessarily make people prosperous but we REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 21 OF 26 give them the opportunity to make themselves prosperous.It is also that we do not try to hinder them from being prosperous. That is his thinking on the word prosperous. Mayor Serdy commented sidewalks do not make people prosperous and he hopes they are not making a living off a sidewalk. Councilmember Struble commented sidewalks per se do not make people prosperous but he lives on a street right now that does not have sidewalks.It does not have curb and gutter.They are in the process of doing that in the neighborhood south of 16th Avenue and the Trail. They are in the process of putting in curb, gutter, sidewalks, lighting and everything.The reason why we do that is so the people have a safer place to live. Mayor Serdy commented he thinks they agree on that but that is quality of life. Councilmember Struble commented but it also appreciates their property which can get them more prosperity. Assistant to the City Manager Anna McCray stated the mission statement does mention the quality of life.It reads "We will focus on and invest in quality of life and planned improvements for serving residents, businesses and visitors." Councilmember Barker asked her to go back to the vision statement. City Manager Bryant Powell stated they have talked about this over time, starting in October.They have mentioned that the philosophy of a vision statement would be to look forward to where they are going and he is not sure what the mission statement covered.She is not here to explain what her thinking was on what she wanted to have in the vision.It would be interesting if she was here to know if the mission statement covers what she was trying to cover. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 22 OF 26 Assistant to the City Manager Anna McCray stated she indicated in her email that she was okay with the mission statement. Councilmember Barker commented rather than being repetitive with the quality of life in the mission statement, she likes her idea of safety.Now that she looks at this in big letters, the word "bring" is interesting.She suggested "bringing it". Assistant to the City Manager Anna McCray stated this is the culmination of five months of effort inclusive of the town hall, youth advisory council and amongst themselves over a series of meetings. Mayor Serdy asked if they are making changes or voting on this as is. Assistant to the City Manager Anna McCray stated the next step is the draft resolution that she is prepared to bring back at the April 3 council meeting after getting direction to staff tonight.It will be on the consent agenda if the language is agreeable and they are comfortable with it there. Councilmember Struble commented he likes the idea of adding "natural beauty" or "natural" before beauty. Councilmember Evans asked what they could say other than bring. Councilmember Barker commented she was going through words in her head trying to find a word that she wanted and she could not.She asked the city clerk if she had a word.She has a smile which means she has a word. City Clerk Kathleen Connelly stated she and the councilmember come from the same background. Her suggestion would be to replace the words "will bring" with the word "offers". REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 23 OF 26 Councilmember Barker thanked her and stated that helps. Mayor Serdy commented will bring means, for sure, you get the life, liberty and the pursuit of happiness.It is not guaranteed, you can just pursue it. Councilmember Barker commented will bring is a definite. Assistant to the City Manager Anna McCray asked if she is hearing correctly that they want her to replace the "will bring" with "offers". Councilmember Barker commented that is correct. Assistant to the City Manager Anna McCray stated it will read "Apache Junction is a diverse community of natural beauty and heritage that offers". City Manager Bryant Powell stated they have a lot of sweat equity in this.It is good. There is a lot of buy in. Assistant to the City Manager Anna McCray stated they will be adding the word "natural" and replacing the words "will bring" with "offers" and she will make note of that in the draft resolution for your consideration at the April 3 meeting. Mayor Serdy called for a motion. City Manager Bryant Powell asked if there are any changes to the mission statement. Mayor Serdy commented there is not and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ADOPTING THE CITY OF APACHE JUNCTION VISION AND MISSION REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 24 OF 26 STATEMENTS VIA A RESOLTUION AT THE APRIL 3 COUNCIL MEETING: THAT THEY ARE AS WE HAVE SEEN WITH THE ADDITION OF "NATURAL" BEFORE BEAUTY AND "WILL BRING" WILL BE STRICKEN AND REPLACED WITH "OFFERS". Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Evans MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 2, 2018, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, APRIL 3, 2018, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous, The motion carried. CALL TO THE PUBLIC Ms. Sandie Smith, 4415 S. Primrose, Gold Canyon, addressed the council to thank the mayor for his contribution to the live auction for the Boys and Girls Club and commented on additional information for their event. ADJOURNMENT )Mayor Serdy adjourned the meeting at 8:11 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 25 OF 26 2. Consideration of approval of minutes of regular meeting of March 6, 2018. 3. Consideration of approval of proposed Resolution No. 18-05 authorizing the submission of application(s) to the Governor's Office of Highway Safety Federal Fiscal Year 2019 Grant Program. ACCEPTED THIS 2 4 0 DAY OF , 2018, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAYDAY OF , 2018. ATTEST: KATHLEEN CONNELLy City Clerk JEFWERDY Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 20th day of March, 2018.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of March, 2018. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2018 PAGE 26 OF 26