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Home My WebLink About2015-10-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 20, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 20, 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 Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker (arrived 7:07 p.m.) 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 Others Present:Public Information Officer Al Bravo ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 1 OF 12 THAT RESOLUTION NO. 15-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF CITY FUELING FACILITIES WITH SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1, BE APPROVED; AND THAT THE AWARD OF CONTRACT FOR PW2015-10, STREET MAINTENANCE SLURRY SEAL WORK IN VARIOUS LOCATIONS IN PARTIAL FULFILLMENT OF FISCAL YEAR 2015-2016 STREET MAINTENANCE PLAN, BE AWARDED TO SOUTHWEST SLURRY SEAL THROUGH PINAL COUNTY COOPERATIVE CONTRACT #EC11-009 IN THE AMOUNT OF $299,580.08 PLUS 10% FOR CONTINGENCY IN THE AMOUNT OF $29,958.00 FOR A TOTAL AMOUNT NOT TO EXCEED $329,538.08; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR THE OPERATION OF A LOCAL VISITOR INFORMATION CENTER IN THE AMOUNT OF $41,000 FOR SERVICES PROVIDED RETROACTIVELY FROM JULY 1, 2015 THROUGH JUNE 30, 2016; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Wilson SECONDED THE MOTION VOTE Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mike Ferguson of the Apache Junction Purple Heart Chapter presented a plaque to the mayor and council in appreciation of the city's designation as a Purple Heart City and a purple heart flag to be flown in a place of honor designated by the council. Mayor Insalaco read a proclamation designating October 18-24, 2015 as "Arizona Cities and Towns Week" and gave the proclamation to Assistant City Manager Matt Busby. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 2 OF 12 Mayor Insalaco read a proclamation designating October 23-31, 2015 as "Red Ribbon Week" and presented it to Neil Doherty, Drug Enforcement Administration Special Agent in Charge.Mr. Doherty thanked the council for the proclamation and gave a brief history of the red ribbon campaign. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced the boys and girls club will be having Family Movie Night on Friday night at the club. Councilmember Wilson announced he attended a Salt River Project seminar recently on the health of the national forests.The national forests are also our watershed.There was a 10-15 minute presentation by Lin Sue Cooney on the health of the national forests.He has given this presentation to the city and it is on Channel 11. Vice Mayor Barker commented she attended Cat Week at the library on Tuesday. Vice Mayor Barker announced last Wednesday night there was a domestic violence ribbon ceremony in the city courtyard.The county attorney and others were there to honor victims and remind everyone how important it is. Vice Mayor Barker commented on Friday she spoke at a press conference in Mesa regarding domestic violence. Vice Mayor Barker commented the reason she was late this evening is she was at Horizon tonight for domestic violence.With the situation that occurred in Tempe with the car into the lake today it was an extremely timely conference. Councilmember Serdy reminded everyone to check out the upcoming Festival of the Superstitions in a couple of weeks.They no longer have a carnival but there will be a lot more hands-on events and things to do. Councilmember Wilson commented the Little Buckaroos will be there as well. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 3 OF 12 Councilmember Serdy commented the Superstition Ranch Rodeo is coming up at the rodeo grounds. CITY MANAGER'S REPORT City Manager Bryant Powell commented they will be getting the discussion from Horizon on domestic violence and commented on the upcoming events of the Festival of the Superstitions, Veterans Day Parade and Heal Yourself/Heal Your World event. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Muhammad Ziaullah, 2304 N. Cortez, Apache Junction, addressed the council. Councilmember Serdy asked if there was already a liquor license at the Dash In. Mr. Muhammad Ziaullah stated there is. Councilmember Serdy commented they are just transferring it over. Mr. Muhammad Ziaullah stated that is correct. Mayor Insalaco asked if they are taking the one out of Gold Canyon. Mr. Muhammad Ziaullah stated that is correct.It is for beer and wine only. they are just transferring it over. that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 4 OF 12 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 PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN, SUBMITTED BY MUHAMMAD ZIAULLAH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR NOVEMBER 21, 2015 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not in attendance.He 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 Serdy asked if this is for charity. City Clerk Kathleen Connelly stated they are a nonprofit organization but they are still taxable in some circumstances. Councilmember Serdy commented but the proceeds that they take in they donate. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 5 OF 12 City Clerk Kathleen Connelly stated we do not know that yet.There is generally a misunderstanding about nonprofit organizations.When a nonprofit has that status under the Internal Revenue Service Code, it means that if you were to contribute to them you can take that contribution off on your taxes as a donation, a tax- free donation.However, nonprofit organizations in some circumstances are subject to sales and other taxes. Councilmember Wilson commented anytime they have a sale they are responsible for the sales tax and the income tax, as well. Councilmember Rizzi agreed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON NOVEMBER 21, 2015, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL DUE TO UNRESOLVED SALES TAX ISSUES. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. (During the vote Councilmember Serdy commented he wished they had more.He would hate to lose an event over something that could be worked out.They will continue working on it and he wished the applicant was here for more information.) (During the vote Councilmember Rizzi asked if they are canceling the event.City Clerk Kathleen Connelly stated they believe, based upon verbal conversations with them, that not just because of this but also because there was not enough time for them between tonight and November 21 to do all the advanced ticket sales they felt they had to do.She thought they might have forgotten to withdraw this one as they did with the next one.) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 6 OF 12 The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR JANUARY 15, 2016 )City Clerk Kathleen Connelly 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.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON JANUARY 15, 2016, SUBMITTED BY JOSH SPRINGER, BE WITHDRAWN AS REQUESTED BY THE APPLICANT IN AN EMAIL FROM JOSH SPRINGER DATED OCTOBER 16, 2015.WE WILL TAKE NO FURTHER ACTION ON THIS APPLICATION. THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS FOR THE CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY AND MUNICIPAL PROPERTY CORPORATION REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 7 OF 12 Councilmember Rizzi SECONDED )Mayor Insalaco called for a motion on the Construction Code. Vice Mayor Barker MOVED THAT MICHAEL FRANK BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, 2017. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a second one. Councilmember Waldron MOVED THAT CHESTER BURGESS BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2017. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. There was general discussion that there were no more applicants for this board. Mayor Insalaco commented the there are two openings for the Health and Human Services Commission. Vice Mayor Barker MOVED THAT CAROL KAUSCHER BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 8 OF 12 VOTE:Unanimous. The motion carried. Mayor Insalaco called for the second appointee. Vice Mayor Barker MOVED THAT DANA OSBORNE BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented they have four positions for the Industrial Development Authority. Councilmember Waldron MOVED THAT JEFF STRUBLE BE REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2021. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for the second position. Vice Mayor Barker MOVED THAT JASON MOELLER BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2021. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 9 OF 12 The motion carried. There was general discussion on their having no more applicants. Mayor Insalaco commented there is only one position for the Municipal Property Corporation. Councilmember Waldron MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF None. 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, NOVEMBER 2, 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, NOVEMBER 3, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 10 OF 12 None. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 7:30 p.m. Consent Agenda Items are as follows: 1.Consideration of acceptance of agenda. 2.Consideration of approval of minutes of regular meeting of October 6, 2015. 3. Consideration of approval of Resolution No. 15-32, allowing the city to enter into an intergovernmental agreement for the use of city -owned fueling facilities with Superstition Mountains Community Facilities District No. 1. 4. Consideration of award of contract to Southwest Slurry Seal for street maintenance slurry seal work in various locations in partial fulfillment of Fiscal Year 2015-2016 Street Maintenance Plan. 5. Consideration of approval of the Apache Junction Chamber of Commerce contract for visitor center services in the amount of $41,000.00. ACCEPTED THIS 3RD DAY OF NOVEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER, 2015. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 11 OF 12 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 20th day of October, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of October, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 12 OF 12