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HomeMy WebLinkAbout2016-01-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 19, 2016 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 19, 2016, at the Apache Junction City Council Chambers pursuant to the notice required bylaw. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: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 Others Present:Public Information Officer Al Bravo REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 1 OF 15 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS; PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi commented the mayor had invited her to join him during the holiday season at Operation Headstart where he played is guitar and sang Christmas carols with them.She then showed a video of the event. Councilmember Wilson announced this Saturday will be the team driving contest at the rodeo grounds. Councilmember Waldron announced this evening he, Councilmembers Rizzi, Wilson and the mayor, Bryant and the chief attended a ribbon cutting ceremony at the Salvation Army where they put up a basketball court.They have really spruced the place up. Councilmember Waldron announced on February 12 they will have the grand opening of the veterans' center.They will give away a renovated park model to a veteran. Councilmember Evans commented she attended some continuing education classes in real estate that covered the new consumer fraud protection bureau.Any funds wrongly collected will be given to the Veterans' Administration.She also sat in on a medical marijuana landlord class where she learned if a neighbor complains on someone with a medical marijuana card residing in multi -family housing they can be evicted. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 2 OF 15 Mayor Insalaco commented he was at Talking Stick on Saturday morning with members of various Indian tribes to listen to congressmen.The casino issue is going back to congress in February and Councilmember Waldron will be attending in his place.It has passed in the house twice but has failed in the senate reportedly because a lot of the eastern states and southern states voted it down because they have no county islands within their city limits.They do not know how it is out here. CITY MANAGER'S REPORT City Manager Bryant Powell offered his and staff's condolences to the vice mayor at this time and welcomed the Hindi faith religious group to the city. PUBLIC HEARINGS RESOLUTION NO. 16-02/APPROVING A FINAL PLAT AMENDMENT OR A "RE -PLAT" OF THE TRAILWAY APARTMENTS FINAL SUBDIVISION PLAT AND INCORPORATING IT INTO .A NEW, ONE PARCEL FINAL SUBDIVISION PLAT NAMED "DOWNTOWN PARK" SUBDIVISION. )Development Services Director Larry Kirch briefed the council on the item. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. City Manager Bryant Powell stated staff met with the design firm today.There are still a couple of months left in design.They have been working with Arizona Water on the water line.Matt and Giao are working closely with Salt River Project on some aesthetics efforts to underground the utility line.Those are the first things they will see publicly.They are making progress in this area.He is also working on local partnerships in the community to sponsor some of the dollars needed. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 3 OF 15 Mayor Insalaco commented he talked to the Senior Rodders that were there tonight and they will be coming up with some money. City Manager Bryant Powell stated the phase one effort is the field, the area for heart scape, landscaping and lighting.It will make it nice for events.It will set the place for food trucks and other events to come.They are shooting for an interactive water feature which will be a nice splash pad. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 16-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT AMENDMENT OR A "RE -PLAT" OF THE "TRAILWAY APARTMENTS" FINAL SUBDIVISION PLAT AND INCORPORATING SAID FORMER SUBDIVISION INTO A NEW, ONE PARCEL, FINAL SUBDIVISION PLAT TO BE NAMED "DOWNTOWN PARK" SUBDIVISION, IN CASE SD -1-15 BY THE CITY OF APACHE JUNCTION, ARIZONA, BE APPROVED. THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF NEXT STEP IN DISCUSSION OF ALLOWING FIREARMS ON AND IN CITY OWNED PROPERTY AND BUILDINGS REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 4 OF 15 Councilmember Wilson SECONDED ) ) City Manager Bryant Powell briefed the council on the item. Councilmember Waldron commented he wondered if it might be prudent to wait until the legislature is out of session.There has been a bill introduced in the senate concerning concealed weapons.He believes it is Senate Bill 1032.The word is there will be several more.We do not know what the state is going to come up with, if anything at all. City Manager Bryant Powell asked which one he saw.He saw one where the universities had one dropped just in the last week to allow professors and students to carry them. Councilmember Waldron commented he will get him the number.He just saw it today. Vice Mayor Barker commented it is a copy of 2320 from last year.The same one that Brewer vetoed three years in a row and last year it did not make it through the senate. Councilmember Waldron commented he wondered if they should just wait until they see what the legislature, if anything, comes out with at the tail end of it.They would not be in the middle of something and then have to reverse direction on it. Councilmember Serdy commented he would not be in favor of waiting.If someone needs protection in the meantime he would hate to have it be in the process.He asked if there would be a great expense to the city to look into it in the meantime. City Manager Bryant Powell stated it depends on what exactly he wants. Councilmember Serdy commented just to write. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 5 OF 15 City Manager Bryant Powell asked if he wanted him to start looking into a policy. Councilmember Serdy commented that is correct. City Manager Bryant Powell stated that would not be an expense. Councilmember Serdy commented he would not be for waiting.He has some more information.The class is actually now six hours.It has gone up from four to make it a little more stringent because some people were not teaching it properly.In the meantime, since we met, Missouri actually overrode a veto by the governor there.They opened it up.There are more bills going through all the time.He would want to see the city be a leader on this and get some protection in. Councilmember Rizzi commented she is a little confused.At the last discussion she thought they were going to have Bryant do some sort of survey with staff in the different departments to get a feel or pulse on how our employees felt. Councilmember Serdy commented he thought that was regarding whether or not employees would be allowed to carry;He would hope they would, maybe a do not ask, do not tell thing.Many times the people that are targeted are employees, Councilmember Rizzi asked if that is the direction he is looking for, to: survey our employees. to see where they are with that or was there something further that he:wanted:to do. COuncilmember -SerdyCommented if they go through with this he would like to continue -.looking at it;If they .do not go along with employees carrying he would at least want visitors to be protected. Vice Mayor Barker commented from what she can find in researching today and last week, state REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 6 OF 15 law allows concealed carry with a permit and even without for that matter.Sometimes, depending on who and where, there are some exceptions which she was sure Joel would be happy to recite again for them.State law allows open carry of weapons with certain exceptions.We as a city can be more restrictive than state law but not less.She asked the city attorney for confirmation. City Attorney Joel Stern stated they cannot be more restrictive.They set a line, Vice Mayor Barker commented you can tighten for the city but you cannot loosen it, more or less.She asked if that was correct. City Attorney Joel Stern stated kind of less because they have a pretty good exemption for anything that is not mentioned in state law. Vice Mayor Barker commented if that is the case and the legislature did not pass 2320 which allows for concealed carry with permits in public buildings, then it appears to her the Council, like the state legislature, decided to have no weapons in this chamber so they put up a sign.Since we do not have metal detectors and we do not have officers frisking people as they walk through the door or gun- smelling dogs or anything like that, we do not know who is carrying.Mr. Serdy inferred a couple of weeks ago that he suspected it was quite possible people were already carrying in the chamber because it is on the honor system.The concealed weapons with permit he is proposing would also be on the honor system.It seems to her that whether they have a policy or not, if they do not see it, it is all on the honor system.She agrees with Dave in that the legislature is going to do more. They have never, ever been shy about telling cities and counties what to do and how to exactly to do it.She would prefer to wait and see what the legislature does before we attempt to do this.We are within state law now.All people have to do is close their coats it appears.She thinks it is a waste of their time to do this. Councilmember Rizzi asked the city attorney to explain because the state says people can REGULAR MEETING OF THE CITY COUNCIL • JANUARY 19, 2016 PAGE 7 OF 15 lawfully carry under those terms but because we have the sign on our building that says people cannot bring any firearms into the building, what happens if she has the permit to carry and she brings it in here against what the rules are for the city, and they find out or the chief finds out. She is a law-abiding citizen with a permit to carry but she broke the city rules and laws by coming into a city building.She asked what could happen to her. City Attorney Joel Stern stated administratively the police chief is probably going to direct one of his officers to approach the individual and say he thinks the individual has a gun and if the individual does it needs to be taken to a locker or to their car.That is what the law says.An officer can do that now. Councilmember Rizzi asked if she could be cited and get a court date. City Attorney Joel Stern stated technically if the person refuses the person could be arrested for a violation.He thinks it is a class one misdemeanor. Councilmember Rizzi commented generally speaking she is a law-abiding citizen with a permit, she comes into the city, she forgets or does it on purpose and she gets caught, since they are on the honor system.She will not be hauled off, arrested, taken to jail or given a ticket. She will just be asked to store it or to leave.She must get out of the building. City Attorney Joel Stern stated administratively that is what probably would happen.She can ask the chief what he would tell his officers to do.If he was asking for legal advice, he would say do not arrest him but if they refuse to do what they want them to do they might tell them it is against the law and they can be arrested for that. They would really like them to follow the law. Councilmember Rizzi commented our city rules are a little bit stricter than what the state says, the state says we can but the city says not here. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 8 OF 15 City Attorney Joel Stern stated he wished to clarify that.The law says if you have a sign with a cross through with a gun, we can say go outside and put it in a locker.The rule is they have to have the locker in an accessible location near the entrance.We do that.It is right out there by the court.It is like 60 feet away.The law allows that.It is not a city ordinance.It is more of a city administrative policy.There is no council policy on it that he is aware of.There is in Mesa and in Gilbert.They wanted that law not to be enforced.Instead they wanted people to be able to come in and actually be able to carry a concealed weapon without having to take it to a locker. Councilmember Serdy commented he has a couple of points on that.He thinks it just becomes trespassing if they refuse to take their weapon out.If it escalates, they could then get on their record a weapons violation.The president just spoke a few weeks ago about looking for more and more reasons to deny people the right to have a gun.If they have any kind of a weapons violation on their record they would then lose their gun rights.That is why it would be important to protect people from getting fined or getting this on their record.They are looking for any reason they can to deny us our rights.Secondly, he does not think it is a waste of time to allow people to protect themselves.He would like to go ahead with it and he is prepared to make a motion on such. Councilmember Evans asked the city manager if he found out any information as far as our insurance carrier, if they have any regulations in our policy. City Manager Bryant Powell stated he reached out to our risk retention pool and they shared the coverage would be an interesting situation in terms of liability with our employees who are not trained like our police officers.There could be some coverage issues with our insurance if employees were to start shooting.That was their initial response to the city. Councilmember Rizzi commented if they were to move forward and if they were to vote in favor of this, the employees would have to have this permit.She REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 9 OF 15 added she does not own a weapon and does not know a lot about the subject which is why she is asking so many questions.It is a tough decision and she wants to make sure she has as much knowledge as possible for when they go to make this decision. It is her understanding that if we were to allow the employees and people to have them inside the building they would have to have the permit and the training.She asked if they could just carry it. Councilmember Serdy commented they would have to have a permit to have it concealed. Councilmember Rizzi commented that is concealed.She asked if an employee could come in with it on their belt loop.She responded to someone nodding no and said they cannot. Councilmember Serdy commented he would not be for that. Councilmember Rizzi commented he is advocating to have people that are going to have them inside our city buildings, employees or civilians, to have this permit which means they would have this training and certification. Councilmember Serdy commented the motion that he will make says visitors, not employees. There is one more bit of legislation and Channel 3 is covering it tonight, there is actually a tax credit bill that if you get your concealed carry permit you would get an income tax credit. Mayor Insalaco closed the discussion and called for a motion. Councilmember Serdy MOVED THAT STAFF BE DIRECTED AS FOLLOWS:TO DRAFT AN ORDINANCE THAT ALLOWS ANY PEACE OFFICER TO ADVISE VISITORS COMING INTO CITY PROPERTY TO STORE THEIR FIREARM IN AN AVAILABLE LOCKER LOCATED IN CLOSE PROXIMITY TO CITY BUILDING ENTRANCES UNLESS THE VISITOR IS IN POSSESSION OF A CURRENT AND VALID CONCEALED WEAPONS PERMIT PURSUANT TO A.R.S. SECTION 13-3112-2.VISITOR IN POSSESSION OF A CURRENT AND VALID CONCEALED WEAPON PERMIT PURSUANT TO A.R.S. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 10 OF 15 SECTION 13-3112 TO BE DIRECTED BY A PEACE OFFICER TO CONCEAL THEIR FIREARM OR STORE IT IF IT CANNOT BE CONCEALED.THE CITY TO PROHIBIT ARMED VISITORS REGARDLESS OF WHETHER THEY HAVE A CONCEALED WEAPONS LICENSE PURSUANT TO A.R.S. SECTION 13-3112 IN SECURE AREAS OF MUNICIPAL BUILDINGS INCLUDING THE POLICE DEPARTMENT, THE MUNICIPAL COURT AND THE PROSECUTOR'S OFFICE PURSUANT TO A.R.S. SECTION 13-3118. Vice Mayor Barker asked for a point of clarification.She understands that there will be an officer at the door and every person that comes through that door will be checked for a weapon. Councilmember Serdy asked who she was asking. Vice Mayor Barker commented she was asking him. Councilmember Serdy commented no because there is not an officer in every building which is one of the reasons this is needed. Vice Mayor Barker commented if she understood his motion correctly he said an officer would meet visitors .at the door, would .ask them to put their weapon in. an accessible locker or, if they had a concealed weapons permit, they would be allowed in.That would mean that an officer would have to check everybody to insure those things occurred,She asked if.that was correct. Councilmember Serdy 'commented it is not It would be if there were a police officer present like in this building. Vice Mayor Barker commented if. Councilmember Serdy commented for instance at the library there is not, usually.There is one on campus close.If the officer sees a problem then he would be asked. REGULAR MEETING OF THE CITY COUNCIL JANUARY:19, 2016 PAGE 11 OF 15 Vice Mayor Barker commented so it is the honor system. Councilmember Waldron commented he would like to have an opportunity to look up those statutes before we vote because he does not know what those say. If they do a yes vote they are basically agreeing with those sections and personally he does not know what they are.He would like to get a chance to read those. Councilmember Wilson asked if he is suggesting they table this until the next meeting. Councilmember Waldron commented that is correct.Then he can provide them with those statutes that will be in the motion.That is the reason he is asking. Councilmember Serdy commented this is just direction to staff.In the meantime they could be looking at those statutes. Councilmember Waldron commented before he says yes he wants to read those statutes. Councilmember Serdy commented they would be back in two weeks. Councilmember Wilson commentedAie does not have a .problem with seconding it but he does not want to cause a problem.If Jeff is in agreement they will go ahead .and let them look at the statutes and they can then do the motion again at the next city council: meeting. Councilmember Rizzi commented she thinks that is a good idea for everybody's comfort level. Let us look at these statutes.She feels the same.She does not know enough.She knows this is just giving direction to staff but she wants to be comfortable, too, before moving forward and know that everybody else is comfortable in the vote Let us take ,a ,look at those statutes before giving direction to staff.She .agrees with that. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 12 OF 15 Councilmember Wilson asked what they have to do with this. Mayor Insalaco commented there is a motion on the floor. Councilmember Waldron commented the motion can die without a second. City Clerk Kathleen Connelly what they have to do with this. there is a motion on the floor. agreed. Councilmember Serdy commented or he can withdraw it. City Clerk Kathleen Connelly stated they might want to direct staff to bring back that motion and the associated A.R.S. so that everybody can take a look at it. Councilmember Wilson commented if Jeff removes it he can make a motion to bring it back. City Clerk Kathleen Connelly stated if there is no second it dies or he can withdraw it. Councilmember Serdy WITHDREW HIS MOTION. Councilmember Wilson MOVED THAT WE BRING THIS MOTION BACK AT THE NEXT CITY COUNCIL MEETING. Councilmember Serdy SECONDED THE MOTION and added they can then address the police officers wherever they may be, whenever they may occur. VOTE:Unanimous. The motion carried. SELECTION OF, MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 13 OF 15 Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, FEBRUARY 1, 2016, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 BE HELD ON TUESDAY, FEBRUARY 2, 2016, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Chester Burgess, 250 S. Tomahawk, Apache Junction, addressed the council to thank the public works department for removing a big saguaro cactus that had partially fallen into the road and to thank the police department for their quick response times. Mr. Chris July, 2162 W. Apache Trail, Apache Junction, representing 1st Auto and Marine, addressed the council regarding their sales going down after being told they could not put display vehicles in the right-of-way.He asked for a mutual solution. Councilmember Waldron requested the city attorney to look into it. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:38 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of January 5, 2016. REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 14 OF 15 ACCEPTED THIS (:<?/140 DAY OF 1-2--zow2p----th 4,26 /4,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS c2A40 DAY OF /c;kLe4a/e4 ,a e 9 / 4 ATTEST: 165;;;076 - ‘ c,6 1 -: % x . 0 4 - KATHLEEN CONNELLY City Clerk ?9AN S. INSALACO Mfayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of January, 2016.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of January, 2016. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 19, 2016 PAGE 15 OF 15