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HomeMy WebLinkAbout2017-04-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 4, 2017 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 4, 2017, 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.n INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron 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 Interim Public Works Director John Mitchell Others Present:Public Information Officer Al Bravo Sergeant Danny Saldana REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 1 OF 22 ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced there is a meeting of the Rural Transportation Advisory Council on Monday in Phoenix at the League office.There is a push to restore quite a bit of the HURF funding but there are legislators opposing the governor's budget that would take that money and move it over to the universities.It is $30 million and hopefully some of the money will be restored. Councilmember Barker announced she moderated a forum last week for the International Leadership Project with six countries represented:United States, Afghanistan, India, Sri Lanka, Nepal and the Maldives.The give and take of information and different perspectives were fascinating. Councilmember Rizzi announced the school district is in the process of electing a new superintendent.They will be having a meet and greet tomorrow. Councilmember Evans announced last weekend they had the ladybug release at Earth Heart Park.She thanked Ace Hardware for their continued donations towards the garden.They have received a grant from Salt River project for permanent lighting to be installed and can now have evening events. Councilmember Evans thanked Janine Solley and Heather Patel for applying for a grant that involved sic individuals from the REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 2 OF 22 Environmental Protection Agency who came to the city for two days and did a walking tour of the downtown area, a driving tour, an all -day seminar with business leaders, commercial developers all on the infill properties and how to stimulate further development in the core of the downtown area.They had a lot of participation from the public. Councilmember Evans commented she saw children playing in the splash pad of the new park that had just opened and a family was having a get together at one of the ramadas. Mayor Serdy commented they had a blues festival at one of the local businesses a few weeks ago and one of the concerns was the parking.It seemed the parking was not a problem other than some people parking on the other side of State Route 88.There was plenty of parking and a lot of people were in from out of town.Hopefully we can build on this and have other businesses do the same thing. Mayor Serdy commented last week the Greater Phoenix Economic Council had their quarterly meeting.He introduced Councilmember Struble who will take his place as the city representative on the board.They are doing a lot to put the city on the map.Monday they came out and did an asset tour of what the city would like to see developed.They are working on high impact districts for each community.They will also help us with some of the things that were done for the infill.They are also lobbying the legislature to return the Tax Incremental Financing.We are the only state in the union that does not have that.If they go to some place like San Antonio to see the River Walk, it was all done with Tax Incremental Financing. They need the legislature to return that, also. Mayor Serdy announced twelve -year -old Logan Reichwald was the champion bull rider at the Cowboys for Kids Rodeo in Cave Creek. CITY MANAGER'S REPORT City Manager Bryant Powell commented on HURF, the infill grant, the community garden, the finish of the event season and scrub and grub day. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 3 OF 22 City Manager Bryant Powell introduced Interim Public Works Director John Mitchell and commented on his past experience. Interim Public Works Director John Mitchell stated he was looking forward to serving the city. City Manager Bryant Powell stated they are out recruiting as we speak.He looks forward to working with John during the interim period. Mayor Serdy asked if he had put in for the public works director job. Interim Public Works Director John Mitchell stated he has not. His life is busy with family in Marana. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SALT RIVER WILD HORSE MANAGEMENT GROUP FOR APRIL 9, 2017 )Councilmember Wilson announced he had a conflict of interest and he stepped out of the chambers.He requested someone come and get him when the item was over. City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council. Ms. Rina Branna, 2153 S. Raven, Mesa, representing Superstition Harley-Davidson, addressed the council. Councilmember Barker asked what the hours would be. Ms. Rina Branna stated it would be 11-4. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 4 OF 22 Councilmember Barker asked if it is at the Harley-Davidson. Ms. Rina Branna stated that is correct. Councilmember Struble asked if this is to raise money for that cause. Ms. Rina Branna stated all the proceeds will go to that. Mayor Serdy commented he went to the last event they had there and they seem to go off pretty smoothly.. Ms. Rina Branna stated it was a little quiet at the last event.She was not happy. Mayor Serdy asked if this one would be loud and raucous. Ms. Rina Branna stated it would not be loud and obnoxious.It will probably by pretty similar.They did one as well at the end of January with a little bit more attendance but not crazy. Councilmember Struble asked how many people they are expecting. Ms. Rina Branna stated she has no way of really measuring it.She hopes for more but probably about 100 people. Councilmember Rizzi commented once they have been here for a little bit and people get a little more familiar with new ownership and whatnot, they will get more participation.It will happen.Just keep doing what you do. Ms. Rina Branna stated they are slowly getting there. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 5 OF 22 Councilmember Rizzi commented just keep doing what you do.They appreciate it. 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 Rizzi MOVED THT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SALT RIVER WILD HORSE MANAGEMENT GROUP FOR APRIL 9, 2017, SUBMITTED BREN SCHULTZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Serdy commented Vice Mayor Wilson will now come back. AWARD OF BID FOR TOWING SERVICES CONTRACTORS RELATING TO PD 2016-04 ) briefed the council on the item. Sergeant Dan Saldana Councilmember Struble asked if the towing company is required to keep the vehicle in the city after they have towed it. Sergeant Dan Saldana stated that is correct.Under certain circumstances or possibly a heavy duty rig they would have to seek approval from the towing coordinator to store it somewhere else.Typically it is stored within the city. Councilmember Struble asked if they could put it in there overnight and ship it somewhere else later. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 6 OF 22 Sergeant Dan Saldana stated they cannot.That would be a violation of the contract.He continued with his briefing. Councilmember Struble asked if the equipment listed those that they have in Apache Junction or is that their total number of equipment. Sergeant Dan Saldana stated that is their total amount. Councilmember Struble asked if that is in their company. Sergeant Dan Saldana stated that is correct. Councilmember Struble asked if a certain amount is required to be here in the city. Sergeant Dan Saldana stated the contract does not require a certain amount to be here within the city. that is their total amount. if that is in their company. that is correct. Councilmember Struble commented it is up to them to manage their resources. Sergeant Dan Saldana stated that is correct.As long as they respond within the fifteen minute response time and the correct matching of resources effectively.He continued with his briefing. City Attorney Joel Stern asked the sergeant to explain to the council how he logistically evaluated the factors and matched up the nomenclature for A, B, C, D and E.He asked how he physically did that and if he had any assistance from any other members of the police department. Sergeant Dan Saldana stated he and the traffic unit conducted audits at each one of the locations to verify that they met the requirements under the contract.They also looked at background checks.A private investigator, per the requirement in the contract, conducted REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 7 OF 22 criminal history checks.The information was verified by the police department and through inspections at the storage and business locations that are a part of this information. City Attorney Joel Stern asked if he also checked with the Arizona Department of Public Safety for issues. Sergeant Dan Saldana stated they did.Per the Arizona Administrative Code they are required to have the Arizona Department of Public Safety inspection form. That was verified through the Arizona Department of Public Safety to make sure the vehicles were in compliance with the code. City Attorney Joel Stern asked if he created a checklist before he went out to each location. Sergeant Dan Saldana stated he did.He did a checklist to make sure they met all the requirements. Mayor Serdy commented it says in singular on his guide as an applicant.He asked the city clerk if he now offers all of the applicants to speak if they want. City Clerk Kathleen Connelly stated it is a public hearing.They can come up and speak if they choose to.There may be one or two that actually completed the forms. Mayor Serdy commented he has two there but these are two that were not on the recommendation. He should ask them to come up afterwards. City Clerk Kathleen Connelly stated he can ask the applicants.They may or may not be interested in speaking but he does have two people for the hearing. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 8 OF 22 Mayor Serdy requested any of the applicants that are on the recommendation to address the council.None of those applicants wished to speak.He opened the public hearing on the item. Mr. Jeff Stocco, 1151 W. Apache Trail, Apache Junction, addressed the council.He has been a business owner in Apache Junction since October 2004.He has paid $175,000 in property tax and $40,000 in sales tax over the years.Hiring local businesses will only increase revenues to the city.Hiring outside businesses only increases revenues for other cities.He started EZEE Towing in 2011 and it has been a steady growth pattern.They have contracts with Maricopa, Arizona Department of Public Safety and Pinal County. He agrees with the mayor that the city needs to hire businesses inside the city.Apache Sands is not in Apache Junction.They only have a lot where they store city, highway patrol and Pinal County tows.He did an evening response from the corner of Sossaman and Main at 10 p.m. one night and 10 a.m. one morning. There are nine stoplights and he was stopped five times in the evening and it took him 23 minutes.In the morning he was stopped four times with more traffic and it took him 25 minutes. There is supposed to be a 15 minute response time for the tow companies.The council should consider hiring businesses that are here in the city and that can still do the job.If they cannot do the job, they can always fire them. Mr. Anthony Harper, 2244 W. Apache Trail, Apache Junction, the owner of Executive Towing, addressed the council.He stated it is recommended the council approve four companies when the contract requires a minimum of three companies with a maximum of five.He believes there should be the maximum companies allowed on the towing rotation. He commented on a discussion brought up at the Arizona Professional Towing Association regarding the lack of insurance agencies insuring towing companies, their increased premium costs, companies not being able to afford the new premiums and their having to shut down as a result.The average tow company in the city averages 20 calls per month.Adding one more company would drop that down to 16 calls per month per company. In the previous contract two companies dropped off before the end of the five year contract.The new contract is seven years. It does not make sense to limit the companies allowed with a REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 9 OF 22 longer contract.He believed the council should grant the maximum amount of companies to the contract.He now has five employees and an additional new wrecker should be in his possession by the end of May.He also tows for Maricopa County, Pinal County and the highway patrol and he is in good standing with all of them. Mr. Mike Metzger, 1151 W. Apache Trail, Apache Junction, manager of EZEE Towing, addressed the council.He stated they are a small, local business.They have two trucks manned during the day and contract driver sat night.All the employees live and work in the city.They have a 15 minute response time even though they are one of the smaller companies. Mayor Serdy closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Rizzi asked why the recommendation was four companies instead of the maximum of five. Sergeant Dan Saldana stated the department feels that four is an efficient number and they would be able to effectively administer that number.The towing coordinator will have to manager the contract and it is a collateral duty.He will have other assignments. Councilmember Rizzi asked what the number was that was done in the past. Sergeant Dan Saldana stated the previous one has expired already and it was originally a five year contract with four towing companies. Councilmember Rizzi asked if they can legally go beyond their recommendation.She is not sure how to word the part where it states as already being in Apache Junction. City Attorney Joel Stern asked if she was asking about the number of tow companies. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 10 OF 22 Councilmember Rizzi commented that is correct. City Attorney Joel Stern stated they can make it up to five because that is what the bid said. Councilmember Barker commented one of the speakers, she believes Jeff, stated Apache Sands does have a lot here.She had asked in previous meetings if they had an office here.She thought Sergeant Saldana had said yes. Sergeant Dan Saldana stated they do have an office with a storage lot.Their other current contracts do not require that they man that.He talked with the manager of Apache Sands Towing and they know that our contract requires that to be open and accessible.They are advising if they are awarded a contract that the office will be manned. Councilmember Rizzi commented they also have to comply with the 15 minute response time. Councilmember Barker commented they are then going to have to have someone manning that office and they will have to have equipment at that office in order to answer those calls. Sergeant Dan Saldana stated that is correct. Councilmember Struble asked if any of these are currently on our list. Sergeant Dan Saldana stated they currently have Big Boyz Towing and C.L. King Towing. Councilmember Struble commented he was following up with something Councilmember Barker asked.They understand that they need to have their equipment here in our city limits. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 11 OF 22 Sergeant Dan Saldana stated they understand they have to manage that time.It is a 15 minute required time.If they do not meet it they will be off the rotation. Councilmember Barker commented she understands the numbers here.She asked why they went with Apache Sands instead of one of the others that is actually located here and did not have to go to the trouble of manning it. Sergeant Dan Saldana stated they used all the information available to them to meet the needs of the city.That company has above and beyond what is required in the contract.They have a heavy duty wrecker and the manpower to man it.They have positive recommendations from other two contracts.They thought they would be a good fit for the rotation. Councilmember Barker commented they have the manpower at their office down the road in Mesa but not here, if they are only going to have one man staying here at the office with the equipment.They are not going to have any more manpower than anyone else does. Sergeant Dan Saldana stated at that point they would have to address it with the 15 minute response time if they did not make it. Councilmember Waldron asked how many companies they started off with on the contract that just expired. they started off with four. what they are down to. they are down to two. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 12 OF 22 Sergeant Dan Saldana stated Councilmember Waldron asked Sergeant Dan Saldana stated Councilmember Waldron commented that was on a five year contract. Sergeant Dan Saldana stated that is correct. Councilmember Waldron commented he is a little concerned about the seven year contract if they do the same amount of four.He wondered how many they would have left at the end of seven years. Sergeant Dan Saldana stated they went down to three and then two just recently.When they were at three they felt it was a good number.They had enough tows for services and they kept busy.If they do drop below three to two then they would have to open up another bid for one service provider to maintain the contract. Mayor Serdy commented that was going to be his question.He asked how long that would take. Sergeant Dan Saldana asked if he meant the process for the bid. Mayor Serdy commented that is correct.He asked if it would just be for one or would they go back up to four. Sergeant Dan Saldana stated they could go back up to four.He asked the city attorney if there was anything he would want to add. City Attorney Joel Stern stated if it drops below three then they have to do another bid for at least one more to get them to the three and he supposed they could actually do it for the other one if they wanted to. Councilmember Evans asked if Apache Sands is the only one with the heavy duty wrecker. Sergeant Dan Saldana stated they have two companies, Phoenix Metro and Apache Sands. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 13 OF 22 Councilmember Struble asked how often those get used. Sergeant Dan Saldana stated they get used rarely, maybe one or twice a year.In the previous contract they had a problem with abandoned RVs within the city.They had a few of those every so often and we had trouble getting our current contractors to have the equipment to move that.Possibly a heavy duty wrecker would have alleviated that.It may be more than a few times a year. Councilmember Evans asked if they have the ability to go outside of our contracted tow companies and call them if the heavy duty wrecker is not available. Sergeant Dan Saldana stated the way the contract reads right now, if they do not have the availability of equipment they have to subcontract those services out.It puts the burden on that tow company to make sure they are providing the service. City Attorney Joel Stern stated on page 9 of the bid, section 20, it talks about the three and the five.It states the city may enter into a service contract with at least three but not more than five tow companies.The city is under no obligation to solicit bids to replace tow companies that terminate their contract with the city or those that the city terminates unless the number of tow companies during the initial seven year term fall below three companies.In such case the city may solicit bids for only one additional tow company.They cannot go for another one, depending on the volume of towns and whether the police chief determines the remaining tow companies have a valid contract with the city and can effectively meet the demand.That depends on the police chief's discretion and what he would recommend to you at the time in case it falls below three. Vice Mayor Wilson commented with Apache Sands having a place in here and their talking about bringing someone into the office, it would technically mean they would have to have two people there at all times.He asked if they understood that. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 14 OF 22 Sergeant Dan Saldana stated they do understand that.It has to be accessible at all times. Councilmember Barker commented his question was different from your answer. Sergeant Dan Saldana asked that he repeat the question. Councilmember Barker asked if they understand that they need two people in that office all the time.Not just one. Sergeant Dan Saldana stated he does not think he specifically stated two but they were advised they would have to have the staff and be accessible and open at all times.If you interpret that to two then he believes that is how they would interpret that.If the office were to close they would be in violation of the contract.That information has been relayed to them. Councilmember Rizzi commented if they have a yard here they would have to have staff. Mayor Serdy asked if two were not recommended because of their size. Sergeant Dan Saldana stated they considered included references and amount of equipment. Those were two of the things they considered on issuing contracts. Mayor Serdy asked if the police department reached out to them to explain why they were not recommended for those not receiving a contract. Sergeant Dan Saldana stated they had talked about this at the work session.He did not do anything then as he wanted to wait until the final outcome.He will contact them in reference to that information. Councilmember Struble commented the large two truck will handle the RVs and stuff like REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 15 OF 22 that.He asked if that is a separate rotation so that when something like that happens we would only be contacting Apache Sands and Phoenix Metro Towing. Sergeant Dan Saldana stated it is just off the rotation.It requires the companies that do not have a heavy duty wrecker to subcontract that out. Councilmember Struble commented they probably would miss 15 minutes if they have to subcontract that out. Sergeant Dan Saldana stated if they have to subcontract out they will choose someone.Some of those details are still coming down.In that scenario they would not have a 15 minute response time. Councilmember Struble commented they probably do not keep their large tow trucks in the city either. Sergeant Dan Saldana stated he believes Phoenix Metro does.Their main lot is here. City Manager Bryant Powell asked if they can pass on a rotation call. Sergeant Dan Saldana stated they do have options to pass.The contract does allow that they contact the police department and let them know if they have an extreme amount of calls that they are on and would not be able to respond.They can call and say they will be unavailable for two hours in that stipulation.As long as they give them notice they can pass. Councilmember Rizzi asked what happens next if they call one of these local companies and they do not meet the time requirements. Sergeant Dan Saldana stated they track that information and they handle a first time offense with a verbal warning and it progresses from there.It can go REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 16 OF 22 from a written warning all the way to termination of the contract with the approval of the chief. Mayor Serdy asked if there is no more discussion. Councilmember Barker commented they have not discussed it amongst themselves.She would be far more comfortable with a five year contract than a seven year contract.She would also be far more comfortable with pulling the smaller company in, too.We have room for five companies.We have had companies drop out in the past.This has not just happened in the past rotation but it has happened every time they have put out a contract.They have two or three of those companies drop out before the end of it or get pushed out, one or the other.She would like to see that happen. Councilmember Rizzi asked how they would determine which one they would select out of the two local companies.There is EZEE Towing and Executive Towing. They both sound like they are experienced. Councilmember Barker commented EZEE made themselves known and pleaded their case. They won her over and that is how she would do it.She supposed it is not terribly professional. Vice Mayor Wilson commented he does not see why they do not go with five as well. Mayor Serdy commented he does not see a problem with five. Councilmember Evans asked if they can change it to five years if the request for proposal said seven years. City Attorney Joel Stern stated they probably cannot go more than that.Whether that is a substantive provision that someone could protest is a good one.But he thinks they can go less and the most they could probably go down to is five years because that was the original contract.He does not think they can make it a one year REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 17 OF 22 contract.Some two companies may say they bid on it because they did say seven.That would be their argument.He does not want to get into any other legal issues on that but he would say they can but he would not recommend it.He would stick with the bid of seven years. Councilmember Barker commented that answers that. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE AWARD OF BID FOR PD 2016-04, TOWING AND VEHICLE STORAGE SERVICES FOR A CONTRACT TERM FROM APRIL 3, 2017 THROUGH APRIL 3, 2024, BE AWARDED TO APACHE SANDS TOWING, BIG BOYZ TOWING, C.L. KING TOWING, PHOENIX METRO TOWING AND EZEE TOWING; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1445, AMENDING CITY CODE CHAPTER 2, ARTICLE 2-3 COUNCIL ELECTION BY ADDING SEDTION 2-3-6 INITIATIVE, REFERENDUM AND RECALL SPECIAL ELECTIONS )City Attorney Joel Stern briefed the council on the item.He commented that he did not know why this was not done in 1989. City Clerk Kathleen Connelly stated the city did not need it in 1989.The statutes were different.We had lots of special elections. Councilmember Barker agreed. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 18 OF 22 City Attorney Joel Stern continued with his briefing. 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 Waldron MOVED THAT ORDINANCE NO. 1445 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1445, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Rizzi SECONDWED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 19 OF 22 APACHE JUNCTION BECOMING A "GOLDEN RULE CITY") )Mayor Serdy commented they discussed this and he does not see any negatives on it.It is an opportunity to branch out and communicate with a lot of different people.He called for any discussion. Councilmember Barker commented she sees no negatives either.However, she got a lot of reaction on this when she posted her minutes from the meeting.People were wondering if those of different non- religious persuasions would also be welcome in this group. Mayor Serdy commented from what he could tell in communicating with the organizers everyone would be welcome.That is the whole point. Councilmember Barker commented that is what she understood also but she said she would bring it up. Mayor Serdy commented entirely inclusive.He closed the discussion with no further comments and called for a motion. Vice Mayor Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING APACHE JUNCTION BECOMING A "GOLDEN RULE CITY":THAT WE JOIN OTHER CITIES IN ARIZONA THAT HAVE BECOME PART OF THIS GOLDEN RULE. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Serdy called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 20 OF 22 Councilmember Rizzi MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 17, 2017, 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 18, 2017 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding his uncle Vinton Peck, his opinions, keeping his neighborhood safe and the additional medical marijuana facility. ADJOURNMENT )Mayor Serdy adjourned the meeting at 8:03 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of March 21, 2017. aw/ACCEPTED THIS /Jcs DAY OF / 2 #A rt—, 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS alw DAY OF 11,4k—, 2017. JEFT4ERDY Mayor REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 21 OF 22 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 4th day of April, 2017.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of April, 2017. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 2017 PAGE 22 OF 22 CITY COUNCIL REGULAR MEETING APRIL 18, 2017 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 18, 2017, 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 Struble Councilmember Waldron Staff Present: (Councilmember Rizzi was absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Interim Public Works Director John Mitchell Finance Director Donna Meinerts City Engineer Emile Schmid Development Services Director Larry REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 1 OF 11 Others Present: Kirch Public Information Officer Al Bravo Public Works Manager Shane Kiesow Grants Administrator Heather Patel ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 17-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDS, BE APPROVED, AND THAT THE AWARD OF BID FOR PROJECT PW 2016-14, PRE -COATED CHIPS, BE AWARDED TO CALMAT COMPANY DBA VULCAN MATERIALS COMPANY IN AN AMOUNT NOT TO EXCEED $48.75 PER TON; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PROJECT PW 2016-13, CHIP SEAL EMULSION, BE AWARDED TO HAWKER & EVANS ASPHALT COMPANY IN AN AMOUNT NOT TO EXCEED $346.00 PER TON; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy commented this year Apache Junction was privileged to host the East Valley Mayors' Prayer Breakfast.There was a lot of work done by the high school kids and everybody on staff. They raised a record breaking $8,000 which was split between Community Alliance Against Family Abuse and Central Arizona College -Superstition Mountain Campus.He presented $4,000 REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 2 OF 11 checks to Dorian Townsend from Community Alliance Against Family Abuse and Dean Jeff Funkelmann from Central Arizona College. Public Information Officer Al Bravo and Mayor Serdy presented certificates of graduation to the graduates of the 19th Citizen Leadership Institute. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented he attended a Rural Transportation Advisory Committee meeting last Tuesday regarding the restoration of HURF funds.Those are the funds we get back from the state that is a portion of the gas tax, vehicle license fees and registration fees.It is supposed to come back to the city but the state has been withholding it for a number of years.The governor and legislature are feeling pressure from the cities and counties but it does not appear we will get any more this year.There is $30 million going to the universities for buildings but there is controversy with that as well.They are talking about raising the vehicle license tax fee, not the taxes.They might also change the driver's license to every 4 years with a $25 fee.The governor is in election mode and will not sign off on any fee increases.They will not see the HURF dollars coming back to the cities and towns this year.There is concern with the rural communities that under the federal budget if the projects are not shovel ready, and a lot of communities cannot afford to get them to shovel ready, they may miss out on federal funding as well.The Arizona Association of Contractors has publicly come out in support of the cities and towns getting the HURF monies restored.We will probably not get any of that money this session.If they are starting to feel the pressure there may be something in 2019.It is a moving target and the legislature can change its mind. Councilmember Barker thanked the parks and recreation department for their Easter Egg Hunt on Saturday.There were more people this year and it is growing like crazy. Vice Mayor Wilson agreed with Councilmember Barker.The number of children involved has dramatically increased since the last time he went with his wife and grandson several years ago.He likes the way they have it broken up by age groups. It went very smoothly and he encouraged everyone to come out next year. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 3 OF 11 Mayor Serdy commented Robin, Chip, Christa and Jeff were all out there.Staff has the system down where it is fair and no one can hog all the eggs.The way they do it is perfectly safe so there are no safety concerns. Mayor Serdy announced Troop 219 from Gold Canyon is observing tonight. Mayor Serdy announced last Saturday he attended a ceremony at Falcon Field where Robert Joyner, a city resident, received the Congressional Gold Medal for his service in the Civilian Air Patrol during World War II.He commented on the various things they did during their service.This medal is rarer than the Medal of Freedom. Mayor Serdy announced he threw out the first pitch at the Little League field.There will be ball games almost every night except Sunday.He encouraged people to attend.A video clip was played from opening day. Mayor Serdy announced the grand opening for Flatiron Park will be this Saturday at 5:00 p.m. Mayor Serdy announced the Boys and Girls Club Yesteryear Event will be Saturday at 6:00 p.m. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the Little League, the Easter Egg Hunt, Troop 219, the Arizona Department of Revenue workshop, congratulated the Citizens Leadership Institute graduates and commented on Flatiron Park, an upcoming employee kickball game and the mayor's prayer breakfast. Assistant City Manager Matt Busby gave a brief update on the monthly financial report. Councilmember Struble asked what the line item accrued revenue is and why it jumped over $400,000 from last year to this year in April. Assistant City Manager Matt Busby stated in the revenue report they will see actual revenue and what they call accrued revenue. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 4 OF 11 These are trying to give us a truer snapshot of what revenues we actually collected that month but have not actually received the check or the cash from, for example, the Arizona Department of Revenue.They will see a bump.From last year they had an accrued revenue of about $1.5 million and this year it is about $1.9 million.Because of the transition to the department of revenue collecting our local sales tax, we have a poorer picture of where we are actually at.But based on our past experience and what we expect people should be remitting, our accrued revenue shows what we believe we actually will have. Councilmember Struble commented this just follows up with something Councilmember Waldron said about the HURF funds.This kind of falls into the same thing whereas, starting January 1, the state decided or a couple, three years ago the state decided they were going to start collecting sales tax and take it away from the city, and then supposedly remit it back to the city. This just shows the amount of money that they are holding from us and delaying returning it to the city so that we can use those funds to properly run the city, do the projects, do the infrastructure, pay our bills and everything.This is just an example of when our state decides to do things that we can do ourselves in a better way. Mayor Serdy called for a short recess. Mayor Serdy reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR TRES BANDERAS FOR CINCO DE MAYO )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council.He added it says May 5 but it is May 6. Councilmember Barker commented it is a May 5 celebration.It says Cinco de Mayo and that is May 5. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 5 OF 11 Mr. Shawn Pepper, 5675 E. 15th Avenue, Apache Junction, stated they wanted to give so many restaurants there the benefit of a Saturday, May 6.They have contacted the rest of the restaurants and they are waiting on what the council decides. Councilmember Barker commented it sounds like fun. Mr. Shawn Pepper invited them to come.They have a total of eight restaurants. Councilmember Barker commented she could see the little margarita and she thought that sounds like fun. Mr. Shawn Pepper stated they will be doing frozen drinks along with the food.The restaurants joining them will be Superstition Skies, Hitching Post, Cowboy Up, Handlebar, Cobb's, Dirtwater Springs and DJ Fairway Grill.They will be doing a little mini burger cook off.In June they will be doing another contest and they are hoping to move it to Superstition Skies for the Breast Cancer Association.In July they will be at another location.They have eight different restaurants that will take them through to December.They are trying to build business. Mayor Serdy asked if it will travel to each of these restaurants. Mr. Shawn Pepper stated absolutely.They hope to pick it back up again in May of next year when the winter visitors have moved and gone back home and we are trying to boost business again. Councilmember Barker commented it sounds good. Mr. Shawn Pepper stated they will try to get more restaurants next year. Mayor Serdy commented it is hard to go to chili cook offs and eat a bunch of chili. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 6 OF 11 Mr. Shawn Pepper stated there are probably 16 of them over the next six months. Vice Mayor Wilson asked if they change the date in the motion from the fifth to the sixth. City Clerk Kathleen Connelly stated they do. 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. Vice Mayor Wilson MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR TRES BANDERAS FOR MAY 6, 2017, SUBMITTED BY SILIVIA FLORES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 17-09, AUTHORIZING THE SUBMISSION OF THE CITY'S CHOSEN CDBG AND SSP PROJECTS FOR FISCAL YEAR 2017-2018 )Grants Administrator Heather Patel briefed the council on the item. 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. Councilmember Waldron asked if they needed to fill in the blanks in the resolution. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 7 OF 11 Grants Administrator Heather Patel stated that is just what was included in the packet. Councilmember Waldron asked if they have to fill those. Grants Administrator Heather Patel stated absolutely.They have to have a project for each funding source.Based upon the public input and leadership team, they are recommending under the CDBG program the design of the sidewalks and under the SSP program the installation.The other options are the other projects that she mentioned which would be the housing rehab or the emergency repair program. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 17-09, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2017 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FOR THE DESIGN ENGINEERING OF GRANDVIEW SIDEWALKS, FOR THE FY 2017 STATE SPECIAL PROJECT ("SSP") FUNDS FOR THE CONSTRUCTION OF GRANDVIEW SIDEWALKS, AND CERTIFYING THAT THE APPLICATIONS (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATIONS, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 8 OF 11 DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATE, TIME AND LOCATION FOR BUDGET WORK SESSION, PUBLIC HEARING AND TENTATIVE AND FINAL BUDGETS FOR FISCAL YEAR 2017-2018 )Assistant City Manager Matt Busby briefed the council on the item. Mayor Serdy called for a motion. Councilmember Evans MOVED THAT THE DATE, TIME AND LOCATION FOR BUDGET WORK SESSION, PUBLIC HEARING AND ADOPTION OF TENTATIVE AND FINAL BUDGET FOR FISCAL YEAR 2017-2018 BE AS FOLLOWS: 1.THE BUDGET WORK SESSION TO BE ON MAY 1, 2017; 2.THE TENTATIVE BUDGET ADOPTION AND PUBLIC HEARING TO BE MAY 15, 2017; AND 3.THE FINAL BUDGET ADOPTION AND PUBLIC HEARING JUNE 19, 2017. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Serdy called for a motion on the next council meetings, 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, MAY 1, 2017, 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, MAY 2, 2017 IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 9 OF 11 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Braden Biggs, 2492 W. Cactus Wren, Apache Junction, addressed the council to invite everyone to the Children First open house on May 4 and listed the areas of impact they will be concentrating on. Mr. P.J. O'Malley, 321 N. Higley, Mesa, addressed the council regarding his concern about the current drive to nationalize the police. ADJOURNMENT )Mayor Serdy adjourned the meeting at 7:55 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 4, 2017. 3. Consideration for approval of Resolution No. 17-07, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Arizona Department of Transportation for congestion mitigation and air quality improvement program funds. 4. Consideration of award of contract to Calmat Company dba Vulcan Materials Company for project No. PW 2016-14 in an amount not to exceed $48.75 per ton for pre -coated chips. 5. Consideration of award of contract to Hawker & Evans Asphalt Company for project No. 2016-13 in an amount not to exceed $346.00 per ton for asphalt emulsion. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 10 OF 11 ACCEPTED THIS czvp DAY OF / Y 7 1 , 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF A ACHE JUNCTION. ARIZMAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS c & )DAY OF //9Ay , 2017. JEFF OUDY Mayor. ATTEST: X ; Y e t — c . 4 :71C-4z.g4 KATHLEEN CONNELLY ‘1City 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 18th day of April, 2017.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of April, 2017. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 11 OF 11