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HomeMy WebLinkAbout2015-10-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 6, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 6, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember 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 Parks and Recreation Director Jeff Bell Development Services Director Larry Kirch Others Present:Economic Development Administrator Janine Solley REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 1 OF 19 Captain Troy Mullender Recreation Superintendent Liz Langenbach Parks Superintendent Nick Blake Production/Marketing and Communication Specialist Matt McNulty ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE RENEWAL OF THE LEASE AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR SENIOR SERVICES AT THE MULTI -GENERATIONAL CENTER FOR A TERM OF TEN YEARS. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Vice Mayor Barker read a proclamation designating October 2015 as Domestic Violence Awareness Month and presented it to Public Safety Director Tom Kelly.Vice Mayor Barker commented domestic violence has worked behind closed doors for centuries and has been an unacknowledged fact in most societies, including our own.Statistically speaking, three out of four women will suffer some form of abuse in their lifetime, be it physical, mental, emotional or verbal.It is not just women.Two out of every seven men will experience the same thing.It is time it is stopped.She then showed a short infomercial on domestic violence. Public Safety Director Tom Kelly presented Captain Troy Mullender with his 30 -year service award. City Manager Bryant Powell commented on past projects with Captain Troy Mullender and his dedication to the community.He REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 2 OF 19 presented him with 40 hours of paid time off and an appreciation of service plaque. Mr. William McDaniel, former police chief, stated Captain Mullender has always been a good supporter and citizen.He hired him in 1985 and he was glad they were here 30 years later. He was never reprimanded in 30 years.He was proud to be there to honor his receiving the award. Captain Troy Mullender stated he was fortunate when Chief McDaniel took a risk on a kid just out of college.He appreciated everything he did for him during his career and the opportunities he was given.He grew up in this city and is proud of the city and department.He then introduced his family. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he attended the Governor's Commission to Prevent Violence Against Women on October 1. It was a very informative activity with speakers from various *committees to stop the violence.He learned it is not only physical abuse; there could also be mental abuse to the point of attempted suicide.At the conclusion the capitol dome was lit in purple. Vice Mayor Barker commented she and Councilmember Wilson attended the Governor's Council on Aging Senior Action Day on September 25.There were representatives from most of the social services within the county.The major discussion was the gaps in the services to senior citizens.As the population ages they become more apparent, including transportation, smaller housing units without stairs, and the need for a central area to call for information on various subjects. Vice Mayor Barker commented she attended a conference for domestic violence the next week where the same basic subjects were brought up. Vice Mayor Barker commented she attended the first Farmer's Market at Earth Heart Park.It was a nice day_and she enjoyed it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 3 OF 19 Councilmember Evans reminded everyone of the donation center at Horizon Health and Wellness at 120 N. Ocotillo.They have free items to all of those in need up to five items per visit.They have an extreme shortage on men's and children's clothing. Councilmember Wilson commented the large animal rescue training with three police department members and three fire district members attending was this past weekend.Two animal control and one officer attended.They had a lot of scenarios to remove equines from, including one where the equine was on top of a human. Councilmember Wilson commented the one he and the Vice Mayor Barker attended also involved Medicare information.He was unaware of having to call Medicare to advise them they are the primary insurance when other insurance is lost.It will be nice to have a central location to go and get this information. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the library Paws and Claws Partner Feline Friendly Event and the Festival of the Superstitions.He read comments from a letter from a resident about the TGIF program. Production/Marketing and Communication Specialist Matt McNulty gave a presentation on the new website. Assistant City Manager Matt Busby introduced new Public Information Officer Al Bravo who stated he is excited to get to work on telling the story of Apache Junction. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR THE FESTIVAL OF THE SUPERSTITIONS ON NOVEMBER 7-8, 2015 )City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 4 OF 19 Mayor Insalaco requested the applicant address the council. Mr. •Aaron McDermid addressed the council. Vice Mayor Barker asked what they are going to do for dust control this year. Mr. Aaron McDermid stated he believed that would be handled by the chamber. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council.He stated they will have dust control in place both mornings and prior to the event.The actual alcohol will be inside.It will just be beer and it will be contained within a designated area.They will not be roaming around the premises. Mayor Insalaco commented it will be just like other years. Councilmember Waldron asked if the rangers will be doing security. Mr. Larry Johnson stated AJ Mounted Rangers will be strategically placed immediately next to the beer garden.It will eliminate all the issues for the police. Vice Mayor Barker commented it either eliminates them or makes them worse with them stationed right next to it. 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.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 7-8, 2015, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 5 OF 19 SUBMITTED BY LEONARD LAFLESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS FOR THE BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion for the first position on the Board of Adjustment. Councilmember Waldron MOVED THAT JESSE GAGE BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2018. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the second appointment for the Board of Adjustment. Councilmember Waldron MOVED THAT JANE JONES BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2018. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 6 OF 19 Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion for the third appointment to expire October 31, 2017. Councilmember Waldron MOVED THAT JAMES BURCZEWSKI BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2017. There was general discussion to leave the fourth appointment for the moment. Mayor Insalaco commented the next one is for the Library Board and there are two positions. Councilmember Evans MOVED THAT LORETTA NIELSEN BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2018. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Wilson MOVED THAT CHESTER BURGESS BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 7 OF 19 Mayor Insalaco commented they have three positions open for parks and recreation.The first one has a term expiring October 31, 2018. Councilmember Waldron MOVED THAT TESS NESSER BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Wilson MOVED THAT WILLIE HOWARD BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented there are two positions for planning and zoning. Vice Mayor Barker MOVED THAT MICHAEL FRANK BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 8 OF 19 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Wilson MOVED THAT TESS NESSER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON RECOGNITION OF SERVICE TO BOARDS AND COMMISSIONS ) )Councilmember Evans briefed the council on the item. Vice Mayor Barker asked her to clarify their serving many, many years, such as one term, two terms or six terms. Councilmember Evans commented five years or more. Councilmember Serdy commented the average term is three years.He suggested six years would sound better. City Clerk Kathleen Connelly stated most are three year increments. Mayor Insalaco commented they could say six years then.If someone is on for three years and their second term is three years, five years would not make sense. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 9 OF 19 Councilmember Waldron asked if the sewer district is six years. Vice Mayor Barker commented they are but they are not considered a city board. City Clerk Kathleen Connelly stated they could expand on this but they are not considered part of the city code.For budgeting purposes staff would need to know if they mean those that are in the city code. The general discussion on what boards, including the water board, and the consensus was the city code boards only. Councilmember Serdy agreed with six years.If the sewer department wants to honor their members they could do it themselves over there. Vice Mayor Barker commented she thinks it is a wonderful idea because people volunteer their time and effort.They need to be recognized for stepping up to the plate and doing that. City Manager Bryant Powell asked if they are talking about something out here in the lobby and similar that would fit. similar to the city employees. stated they can make that. it is a great idea. Mayor Insalaco commented City Manager Bryant Powell Councilmember Rizzi commented City Clerk Kathleen Connelly stated they can put that on the next agenda for direction to staff. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 10 OF 19 City Manager Bryant Powell asked for clarification.He wanted to know how far back they want to go. Vice Mayor Barker commented to the beginning. Councilmember Waldron asked how much staff time it would take to recover all that information. City Clerk Kathleen Connelly stated she is not sure if that is possible. Vice Mayor Barker commented see how far back we can go.We need to know terms anyway.It can be done in the same search. City Clerk Kathleen Connelly stated they will include that as part of the direction to staff. Mayor Insalaco suggested they start with when they moved into this building. There was general discussion on how far back it should go.The consensus was to go back as far as possible. City Clerk Kathleen Connelly stated they are talking thirty-five years. Vice Mayor Barker commented they can research it and see what they can find. Councilmember Wilson commented if they do not have any records where they can go back that far, he could understand not necessarily searching through everything trying to find that.If they have 10 years worth or even five years worth of records they should do so. Vice Mayor Barker commented they should have ten. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 11 OF 19 City Clerk Kathleen Connelly stated she believed they have 10 years worth. Councilmember Wilson commented whatever is achievable. Councilmember Rizzi commented it is an interesting task. This was a discussion item only with no action to be taken.Mayor Insalaco closed the item with no further discussion and moved on to the next item. DIRECTION TO STAFF REQUEST FOR QUALIFICATIONS FOR VISITOR CENTER SERVICES )Economic Development Administrator Janine Solley briefed the council on the item. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUEST FOR QUALIFICATIONS FOR VISITOR CENTER SERVICES:THAT STAFF PREPARE A ONE-YEAR AGREEMENT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE AND VISITOR'S CENTER IN THE AMOUNT OF $41,000 RETROACTIVELY PAID TO JULY 1, 2015, THE CONTRACT TO GO TO JUNE 30,,2016' AND SCHEDULE IT FOR THE CONSENT AGENDA AT THE OCTOBER 20, 2015 COUNCIL MEETING. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS, ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 12 OF 19 ARTICLE 8-9 SALES WTIHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS )Development Services Director Larry Kirch briefed the council on the item. Vice Mayor Barker commented they have been pounding this thing out for the last two years. They are still asking the mom and pop to sell their little things and still buy a transaction privilege tax license. Development Services Director Larry Kirch stated that is correct. City Clerk Kathleen Connelly stated there is no choice.The two choices are the depositor collects the sales tax and reports it under whatever their license may be or the individual must pay the.fee. Development Services Director Larry Kirch stated they traded that option here.Park management will be responsible. Vice Mayor Barker commented park management could get a single transaction privilege tax license, collect the sales tax from the vendors and report it on their own taxes so each of the mom and pop do not have to do that if the sponsor so chooses. City Clerk Kathleen Connelly stated that is correct. Vice Mayor Barker commented reading through this with so many lines she was not sure what got lost. City Clerk Kathleen Connelly stated when it comes back to them it will be in the traditional ordinance form.Those are the two options that exist under the tax code. Vice Mayor Barker asked why chair massage therapists cannot charge for their services at an REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 13 OF 19 event.She asked if it is a law.It says massage therapists who wish to participate as a vendor so they have the vendor designation already in there.They can do that but they cannot charge anything. City Clerk Kathleen Connelly stated the language is already in the code. Development Services Director Larry Kirch stated that is something they did not change. Vice Mayor Barker commented she is just questioning it. City Clerk Kathleen Connelly stated her recollection is they wound up having to do that.At one point in time they were allowed to regulate school massage businesses.After a period of time the state came along and yanked that authority from local jurisdictions and created their special license procedure.We had to follow theirs. Vice Mayor Barker commented we cannot allow them to charge. City Clerk Kathleen Connelly stated she believes it is tied in to that statute. City Attorney Joel Stern stated it is under Title 34. Vice Mayor Barker commented they cannot charge for their service. City Attorney Joel Stern stated they can charge but we cannot require it under ours.It is state regulated.They do the fingerprinting, the application and they took it over. Vice Mayor Barker commented they have all that.They have their license, they have their fingerprinting.She asked why they cannot charge at an event. She asked why the city is saying they cannot charge.She asked if it is a state statute where they are not allowed to charge REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 14 OF 19 for service. If so, why would anybody want to go to the trouble of being one. City Attorney Joel Stern stated he thinks they can charge. City Clerk Kathleen Connelly stated they can change that but, again, if a massage therapist is going to this type of event as a vendor somebody is going to have to let us know they have paid the appropriate fees and have a license. Vice Mayor Barker commented that is correct and that should be in there.They have them participating as a vendor which infers they are, in fact, selling a service.To go further and say they make no charge for that service seems contradictory. City Clerk Kathleen Connelly stated she believes the rest of that said "and such service is provided in conjunction with the person holding a valid city business license".The massage therapists either has to have the state license themselves or they have to be operating under a licensed school or business. Vice Mayor Barker commented she understands that. City Clerk Kathleen Connelly stated she is at a loss as to why there was a requirement for no charge.She is thinking it is somehow connected to the statutory change. Councilmember Waldron asked if it had something to do with when they brought students over. Vice Mayor Barker commented she understands that the cities would not charge because they were students.Students are not licensed. Councilmember Waldron commented it makes sense.He asked if that is what they were REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 15 OF 19 talking about here.They would actually bring students over to thoSe functions and they would not be allowed to charge. City Clerk Kathleen Connelly stated that is correct. City Attorney Joel Stern stated they are not licensed. City Clerk Kathleen Connelly stated they are not there in conjunction with one of these other medical facilities. Mayor Insalaco asked how they would fix this. Vice Mayor Barker commented there are state -licensed chair massages. City Attorney Joel Stern stated there are.He thinks they can charge and they can look into it for the next version. City Clerk Kathleen Connelly stated they can bring that back. Councilmember Waldron commented they might want to put something in there about if they are students. Vice Mayor Barker commented to clarify that. City Clerk Kathleen Connelly stated it was easier when the city could license them itself. Vice Mayor Barker commented they will be finding that coming down the pipe as things change with the Arizona Department of Revenue.We will find more and more convolutions in our ability to do what we need to do.She understands that. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 16 OF 19 Councilmember Rizzi commented that was her question. Mayor Insalaco closed the discussion with no further comments and called for a motion. City Clerk Kathleen Connelly stated it they are okay with the changes Larry is talking about tonight, when they make the motion refer to them as changes dated October 6, 2015. Councilmember Evans MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS, ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS AND ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS:THAT STAFF PREPARE AN ORDINANCE BASED ON THE DRAFT LAGUAGE IN THE PROPOSAL DATED OCTOBER 6, 2015 AND PREPARE CORRESPONDING CHANGES TO OTHER AREAS OF CHAPTER 8 TO MAKE THE CODE PROVISIONS COMPATIBLE, INCLUDING THE DISCUSSION ON STATE LICENSED MASSAGE THERAPISTS. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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, OCTOBER 19, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, OCTOBER 20, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 17 OF 19 The motion carried. CALL TO THE PUBLIC Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the bazaar last Saturday, upcoming bazaars through March, Paws and Claws fundraiser selling items on Zazzle, the Boys and Girls Club Bowl-a-thon and the upcoming Festival of the Superstitions. Ms. Esther Miller, 4550 N. San Marcos, Apache Junction, addressed the council regarding massage therapists receiving compensation in public venues. Mr. Walter Clark, 1318 S. Lawther, Apache Junction, addressed the council to thank everyone for the time they put in on the visitor center bid process. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:15 p.m. Consent Agenda Items are as follows: 1.Consideration of acceptance of agenda. 2.Consideration of approval of minutes of regular meeting of September 15, 2015. 3. Consideration of renewal of the Lease Agreement with East Valley Adult Resources for senior services at the Multi- Generational Center. ACCEPTED THIS 20TH DAY OF OCTOBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF OCTOBER, 2015. ,Z Y r S. IN ALACO yor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 18 OF 19 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 6th day of October, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of October, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 19 OF 19