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HomeMy WebLinkAbout2015-11-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 3, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 3, 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 Commander Jim Johnson from Post #9399 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:Public Information Officer Al Bravo REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 1 OF 29 Sponsorship/Partnership Programs Administrator Roger Hacker Senior Planner Rudy Esquivias Economic Development Administrator Janine Solley 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 Public Safety Director Tom Kelly gave a brief presentation on the twenty-five years of service of Sergeant Glen Durkin.City Manager Bryant Powell presented Sergeant Glen Durkin with 40 hours of time off, a service hour check, and a plaque thanking him for his years of service. Councilmember Wilson commented on the large animal training lessons received by members of the police department and fire district.He then requested a member of the police department and fire district speak on the large animal rescue training they received. Officer Beck Tripp gave a brief overview of the two-day training session.He stated it is a good tool to have in their tool box. The police department will be able to assist the fire district on these rescues. Firefighter Marlc, Blackstone stated this course was a little different.They are used to people with two legs and they had to learn how to safely extricate horses and/or riders in these scenarios.He thanked those who ponied up the fees for the class, they corralled a great team of rescuers and they should not have any issues in stabilizing the injured. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 2 OF 29 Councilmember Wilson recognized County Supervisor Todd House who sits on the Superstition Fire and Medical District Board.The board and fire chief made it possible for three firefighters to attend the training and they will now teach others.He hopes they will never have to use the training but is grateful they received it.He added they can contact him for any special tools they may need and he will see what they can do to acquire them.He asked the mayor to assist him in handing out certificates of thank you recognizing the six people, businesses and organizations for paying the expenses for the training. He also thanked the Friends of Apache Junction who made it possible.Those receiving certificates were:Rich Szaba, Chester and Nancy Burgess, Superstition Mountain Promotional Corporation, East Valley Backcountry Horsemen, Crazy Horse Tack Shop, and the Superstition Horsemen's Association. Councilmember Waldron commented they should also recognize Councilmember Chip Wilson for putting this training together and doing all the work to get this accomplished. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker announced Councilmembers Evans, Waldron and she attended the Pinal County Town Hall a couple of weeks ago. It was held at Signal Butte High School in San Tan Valley and the high school culinary class catered with wonderful food. They had very good sessions. Vice Mayor Barker announced most of the council attended the first neighborhood meeting last week.It is the season where they go to as many neighborhood meetings as they can to answer any questions. Vice Mayor Barker announced she and Councilmember Waldron went to Gateway to celebrate Allegiant's eighth anniversary. Vice Mayor Barker announced she went to the library on Saturday for their Harry Potter Party.They had 200 plus youngsters making dinosaur eggs and having fun.They then went to the Halloween event at parks and recreation.Councilmembers Evans and Rizzi were also at the latter event.This year they had it at the multi -generational center.The police department's GAIN event was also there. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 3 OF 29 Councilmember Waldron commented anyone who has flown Allegiant Airlines out of Gateway realizes what an asset to the East Valley they are.For their eighth anniversary they gave them t- shirts where they lined up for two flights coming in.They applauded the people debarking from the first flight that landed and it was fun watching their reactions.They also had cake, water and each was given a gift. Councilmember Evans announced there are a lot of fun things going on this weekend.Saturday is the Farmers' Market at Horizon Health and Wellness.The Festival of the Superstitions will be Saturday and Sunday.Sunday morning they have a veteran's celebration at 11:00 a.m.They also have the parade on November 11. Councilmember Serdy commented he was seconding the Festival of the Superstitions.It would be nice to grow this to be as big as Lost Dutchman Days someday. Mayor Insalaco commented he would like to thank Vice Mayor Barker and Councilmember Waldron for attending the Gateway celebration for him.He was supposed to be there but he had a medical procedure done.It looks like he missed out on a lot of fun. Mayor Insalaco announced Mitchell Gaffney, a member of Troop 39 of East Mesa/Apache Junction Charter VFW Post 9399 was in attendance. CITY MANAGER'S REPORT City Manager Bryant Powell commented they will hear from the Revenue Development Division and there is one more item after that. Sponsorship/Partnership Programs Administrator Roger Hacker briefed the council on various contributions over the last several months from corporations, organizations and individuals. He gave a brief presentation on the philanthropic effort.He pointed out several organizations and had the mayor announce representatives to stand up for recognition.The mayor added information on additional donations they are doing in the future.The time period from now to the end of the year is REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 4 OF 29 critical for donations.They need to position the nonprofits and the city to get some of those funds and volunteers. Councilmember Rizzi commented this is great information he has presented and she appreciated his sharing it with the council and community.She added they have a Shop Local Program here in the community and one of the things important about that is it supports the local businesses.They also need to donate local and make sure the donations are staying here in the community. It is time they start asking those that are asking for donations if those donations are staying here in the community.It is not that there are organizations they should not be donating to, but there is nothing wrong in holding our stores accountable.We shop and support them and hold them accountable for our donations as well to make sure they are staying it the community. Sponsorship/Partnership Programs Administrator Roger Hacker stated that is a great point.It was brought out in the research by the Merrill Lynch Foundation.They say that the baby boomer generation is going to want to know how the funds are being used, have accountability and transparency.They want to be able to direct where their money or products are going. Councilmember Evans commented this is a great community of people that live here and enjoy living here and wanting to go ahead and donate from their estates.That is just heartwarming. City Manager Bryant Powell stated they also have the Pinal Partnership Open Space and Trails Committee regarding the importance and economic benefit of open space and trails in the county.He requested Gina D'Abella brief the council. Ms. Gina D'Abella gave a brief presentation on the committee and the open spaces and trails, the areas that are protected, the areas that are favorites but are not protected, the military operations on some lands, the recreational opportunities and economic benefits, healthcare savings from exercise, and the Pinal County Open Space and Trails Master Plan. Vice Mayor Barker thanked her for the delightful tour of the county and reminding them of their responsibilities to the land and nature around us. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 5 OF 29 PUBLIC HEARINGS RESOLUTION NO. 15-33, DECLARING THE 2015 AMENDMENTS TO CHAPTER 8 BUSINESS A PUBLIC RECORD/ ORDINANCE NO. 1421, AMENDING CHAPTER 8 BUSINESS BY REPEALING ARTICLE 8-5 MASSAGE ESTABLISHMENTS, SECTION 8-5-5 PERMITTED LOCATIONS, ARTICLE 8-6 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS, ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS AND ARTICLE 8-10 TEMPORARY FOOD AND BEVERAGE VENDORS IN THEIR ENTIRETY EXCEPT FOR ARTICLE 8-8 WHICH SHALL BE AMENDED BY THE 2015 AMENDMENTS TO THE CITY CODE, CHAPTER 8 BUSINESS )City Attorney Joel Stern stated they can combine Items 8 and 9 into one public hearing but have a separate vote on each.He then briefed the council on the items. Councilmember Rizzi stated it is exciting and let us get it done. City Manager Bryant Powell stated it is very exciting and they are looking forward to assisting in the process. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 6 OF 29 ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 8 BUSINESS;AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT ORDINANCE NO. 1421 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO. 1421, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 15-34, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR OLD WEST MARKETPLACE )Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 7 OF 29 Mayor Insalaco commented for the audience's information they will be getting rid of that old Chevron gas station; that building that has been up there for 15 years. Councilmember Waldron asked if the zoning he indicated in the resolution is in the second whereas statement. Senior Planner Rudy Esquivias stated the zoning on the property is B-3.He did call out the zoning correctly but mislabeled it General Commercial.It is actually called City Center.In their version of the resolution he believes it says General Commercial. Councilmember Waldron commented they have it in theirs, too. 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 RESOLUTION NO. 15-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT AMENDMENT FOR APACHE JUNCTION PLAZA SUBDIVISION AND INCORPORATING SAID SUBDIVISION PROPERTIES INTO A NEW, LARGER, PRELMINARY SUBDIVISION PLAT TO BE NAMED "OLD WEST MARKETPLACE" COMMERCIAL SUBDIVISION, IN CASE SD -2-15, BY WGG PARTNERS LLC, REPRESENTED BY COLBY FINCHAM OF THE BARCLAY GROUP AND SEG, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 8 OF 29 Mayor Insalaco commented for the public's information they are going from 60,000 sq.ft. to 120,000 sq.ft.They are doubling the size of the store. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR VFW POST #7968 FOR DECEMBER 6, 2015 )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 requested the applicant address the council. Mr. Kevin Voight, representing the club, addressed the council. Mayor Insalaco asked if they were having a party and if they are invited. Mr. Kevin Voight stated it is a tailgate party.They are invited; everyone is invited.There will be a chili cook -off or whatever they want to make.The proceeds are going to the Purple Heart Society. Vice Mayor Barker commented it sounds like fun. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor .Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR VETERANS OF FOREIGN WARS POST #7968 FOR DECEMBER 6, 2015, SUBMITTED BY KEVIN VOIGHT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 9 OF 29 The motion carried. OLD BUSINESS APPOINTMENTS/REAPPOINTMENTS OF APPLICANTS TO THE BOARD OF ADJUSTMENT, CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, LIBRARY BOARD, MUNICIPAL PROPERTY CORPORATION, PARKS AND RECREATION COMMISSION, AND PLANNING AND ZONING COMMISSION )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron commented since they do not have anyone that qualifies for the Construction Code Board of Appeals we will not be filling those tonight. City Clerk Kathleen Connelly stated not at this point in time.Mr. Shoenbeck expressed interest but he does not fit within those specialized categories and Mr. Cannizzaro who you previously interviewed does not fit in the categories plus he does not have a current Registrar of Contractors license. Councilmember Waldron commented they are looking at the two on the Industrial Development Authority and later on direction on Planning and Zoning. Vice Mayor Barker commented they are also appointing for the Board of Adjustment. City Clerk Kathleen Connelly stated and direction on the sewer board. City Attorney Joel Stern stated the title of number twelve includes the filling of these positions and it includes the Planning and Zoning Commission. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 10 OF 29 However, we also have a direction to staff item on how to fill that.He does not think they need the direction to staff item. Vice Mayor Barker commented that was her question. City Attorney Joel Stern stated it is in the title so it is in public.The question was asked of him before the meeting on this.He did not see that until he compared the two.He thinks they can appoint. City Clerk Kathleen Connelly stated at the time she prepared this agenda item we had expected the resignation so she thought she crafted it so that if they wanted to fill it, should the resignation come in and they wanted to act on that resignation, they could do so under this item. Vice Mayor Barker asked when the planning and zoning position is up.She knows it is just six months. City Clerk Kathleen Connelly stated that is the sewer board.The planning and zoning position will expire on October 31, 2017. Vice Mayor Barker commented they also have a list of five people they were given who said they were interested in applying for planning and zoning. Several of these people have already been appointed to other boards. City Clerk Kathleen Connelly stated that is correct. Vice Mayor Barker commented last night they also had Sue Warner come in and her interest was predominantly health and human services but she said she would be willing to serve on any board.That might take some discussion.She would be willing to make a motion on the board of adjustment while we are thinking this over. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 11 OF 29 Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT JODENE WEETER BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2017. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the Industrial Development Authority. Vice Mayor Barker MOVED THAT JAMES BURCZEWSKI BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2020. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT CAROL KAUSCHER BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2020. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker commented that brings us back to planning and zoning. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 12 OF 29 Mayor Insalaco commented he thought there was something else before that. Vice Mayor Barker commented that according to what she understood from the city attorney, because planning and zoning was in the title of this specific item, we could go ahead and appoint somebody here and not bother with the direction to staff at item number 14.We would not have to do that. City Attorney Joel Stern stated that is correct. Councilmember Rizzi asked if they are still going to have the applicants come back or are we just going to appoint someone. Vice Mayor Barker commented they actually talked to them two weeks ago.We could do it any way the council would wish to do it but we did talk to all of these people two week ago.We have one person on this list who is on a major board.We had discussed earlier on that we would prefer not to have the same person on two major boards if it was possible. Mayor Insalaco commented this person also, for the last three times we have done this, has applied for the planning and zoning and has always been put off until he went to parks and recreation.With his background and the way his resume reads, he would like to see him on planning and zoning and give up the parks and recreation. Councilmember Waldron commented he has a very impressive background. Vice Mayor Barker agreed. Mayor Insalaco agreed. Councilmember Serdy commented without mentioning any names he means Mr. Howard. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 13 OF 29 Councilmember Waldron commented that is correct. Mayor Insalaco commented his application is impeccable. Councilmember Rizzi and Vice Mayor Barker asked if we knew if he would be willing to give up parks and recreation. commented that is correct. application is impeccable. Mayor Insalaco commented he told him he would be willing to give up parks and recreation and he knows he would have to get off the one he is on because it conflicts. Councilmember Waldron commented that is the board of adjustment. Vice Mayor Barker commented that opens another door.Close one door and open another. City Clerk Kathleen Connelly stated they have four people, and now with Jodene, five. Vice Mayor Barker commented all of these people are on the board of adjustment except for Sue Warner who was in last night.He would actually have to give up both boards. Mayor Insalaco commented he is willing to give up both boards. Councilmember Serdy commented he does not have to give up parks and recreation. Mayor Insalaco commented he does not. Vice Mayor Barker commented he does not but he should. Mayor Insalaco commented he had several people explain to him they are trying topass it REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 14HOF 29 around and he got on because he could not get on planning and zoning. Councilmember Serdy asked if they could delay it for a while to let him be on both for a little bit. Councilmember Waldron commented he thought they should probably fill it.He has the background and the expertise.Planning and zoning needs the position filled.That is his opinion. Councilmember Rizzi commented she thought Councilmember Serdy was asking if he could stay on both boards for a short period of time. Vice Mayor Barker commented he cannot be on the board of adjustment and planning and zoning at the same time. City Attorney Joel Stern stated that is correct.He cannot be on a quasi-judicial board at the same time as a recommending board. Councilmember Rizzi asked Councilmember Serdy to clarify. Councilmember Serdy commented we have a couple people already on both boards that are on planning and zoning. Vice Mayor Barker commented that is true but our stated goal was to stop that practice if we have a variety of applicants which we very fortunately had for the last cycle to try very hard to stop that practice.To give those folks that are coming out of Citizens' Leadership Institute the opportunity to serve on boards and commissions. Otherwise it was the same people serving over and over and no one else had the opportunity. Councilmember Serdy commented he understands that.He is just trying to solve a problem for tonight. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 15 OF 29 Mayor Insalaco commented he would say it the way Mr. Howard put it.He would like to put all his energy on planning and zoning.So he wants to give up parks and recreation. Vice Mayor Barker commented and board of adjustment. Mayor Insalaco commented that is correct.He knows that. City Clerk Kathleen Connelly stated Mrs. Warner has not participated. Vice Mayor Barker commented that is correct. City Clerk Kathleen Connelly stated she believes, in addition to the health and human services commission, her other choice was parks and recreation. Vice Mayor Barker commented it all sort of flows out into the wash when you look at it from that point of view.So he would like to appoint Mr. Howard to planning and zoning and have him then resign from the other two boards. Councilmember Waldron commented that is the idea. Vice Mayor Barker commented she would make the motion if they would like her to. Councilmember Wilson asked what they are doing; are they putting someone on these two. Vice Mayor Barker commented they cannot because he is still in them until resigns. Councilmember Wilson asked if they would have to make a motion saying on condition that he resigns or fills out his resignation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 16 OF 29 Mayor Insalaco commented he did not think they would have to do that. Vice Mayor Barker suggested they have Mr. Howard come in on the next council meeting, turn in his resignations and we can have this on the agenda and appoint him.That way we are not crossing over any boundaries. Mayor Insalaco commented they can end it right there. City Attorney Joel Stern stated they can then do a direction to staff to bring it back for the next meeting. Vice Mayor Barker commented they would bring Mr. Howard. City Clerk Kathleen Connelly stated they are doing nothing further. Mayor Insalaco and Vice Mayor Barker commented they are not. Councilmember Rizzi commented verbal resignations are permitted; they do not have to be in writing. Vice Mayor Barker commented he will bring it in in writing. City Clerk Kathleen Connelly stated it is always preferable to have it in writing.If he were here they could have proceeded. Mayor Insalaco commented he would have been if he had known it was on here.It was the last minute.That is the best way so let us do it that way.He then closed the item with no further comments and moved on to the next item. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 17 OF 29 None. DIRECTION TO STAFF FINAL APPROVAL OF CASE PZ-1-14 LANDSCAPE PLAN FOR WALTER R. QUANSTROM ) )Development Services Director Larry Kirch briefed the council on the item. Vice Mayor Barker asked if they are directing staff to approve this final landscape plan. Development Services Director Larry Kirch stated this is an unusual situation.They would like the council to direct staff to grant approval by the council. Councilmember Wilson commented this was confusing to him and he could not figure out what they were trying to do. Vice Mayor Barker commented that is why she asked what is it they are directing staff to do. Development Services Director Larry Kirch stated to direct staff to accept his final landscape plan. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FINAL APPROVAL OF CASE PZ-1-14 LANDSCAPE PLAN FOR WALTER R. QUANSTROM: THAT STAFF ACCEPT HIS LANDSCAPE PLAN. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 18 OF 29 PROCESS OF FILLING VACANT POSITION ON PLANNING & ZONING COMMISSION a motion. Mayor Insalaco called for Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS ON FILLING THE VACANT POSITION ON PLANNING AND ZONING COMMISSION:THAT THIS BE BROUGHT BACK TO US IN TWO WEEKS AT THE 16TH AND 17TH OF NOVEMBER SO THAT WE MAY ACCEPT A RESIGNATION FROM WILLIE HOWARD FROM THE TWO CURRENT COMMISSIONS AND HE MAY BE INTERVIEWED FOR PLANNING AND ZONING. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly stated they then want the appointment on Tuesday night. VOTE:Unanimous. The motion carried. Vice Mayor Barker commented before they go on they are going to have two more boards to fill at that point.She asked how they want to do that, if they want to have that as part of the work session on the 16th. Mayor Insalaco commented why not as they do not need to drag it out anymore. Vice Mayor Barker commented they can use the sheets they were given that have all the people that were interested in any other board.She asked if that was acceptable or if they wanted a whole new thing. The consensus of the council was to use the sheet with the table. City Clerk Kathleen Connelly asked if they just want that sheet or if they also want the binder back with all the applications. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 19 OF 29 The consensus of the council was they did not want the binder back. City Clerk Kathleen Connelly stated their interest is not just the planning and zoning commission but also the board of adjustment and parks and recreation. Vice Mayor Barker commented that is correct. Councilmember Wilson asked if they need them to come back, too. City Attorney Joel Stern stated that can be done by the city manager.He can put that on the agenda administratively.They do not need a motion for that. City Clerk Kathleen Connelly asked again if they wanted both of them included. Vice Mayor Barker commented this is the page that said the following people already expressed interest in any other position. City Clerk Kathleen Connelly stated that is what we will give you. Vice Mayor Barker stated the other sheet said just planning and zoning which will already be filled.They are looking at the longer one. Mayor Insalaco closed the discussion and moved on to the next item. PROCESS ON FILLING VACANT BOARD MEMBER POSITION AT SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 )City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 20 OF 29 Mayor Insalaco commented people have to realize this is a big commitment. Councilmember Waldron commented they talked about asking for the applications for the terms that expire in July.It could be the same advertisement. Vice Mayor Barker commented they also talked about the possibility of having the current board give us some qualifications and questions. Councilmember Serdy commented this position cannot be a city employee.Even though it is not a city -related. City Attorney Joel Stern stated that is correct. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS OF FILLING THE VACANT BOARD MEMBER POSITION FOR SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1; THAT THE CITY MANAGER CONTACT THE DISTRICT MANAGER AND ASK THE DISTRICT AND THE BOARD FOR APPLICANT QUESTIONS AND QUALIFICATIONS FOR APPLICANTS; AND THAT THE CITY ADVERTISE FOR APPLICANTS FOR THE CURRENT VACANT POSITION AS WELL AS THOSE• POSITIONS WHOSE TERMS WILL EXPIRE IN JULY OF 2016; AND THAT CURRENT BOARD MEMBERS WHOSE TERMS WILL EXPIRE IN JULY BE CONTACTED TO DETERMINE THEIR INTEREST FOR BEING REAPPOINTED; AND ENCOURAGE APPLICANTS TO USE THE ONLINE PROCESS; AND ASK THAT THIS BE BROUGHT BACK FOR THE NOVEMER 30 WORK SESSION AND DECEMBER 1 REGULAR SESSION. Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly stated hopefully that gives them enough time to go through the advertising process in the newspapers and then get applications. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 21 OF 29 Councilmember Waldron commented they plotted out the time.He thinks they are going to have enough time. Mayor Insalaco commented that is a whole month. City Manager Bryant Powell stated he knows that the district would like to get going as quickly as possible.We have Al Bravo from our public information office who will get going on getting the word out through our different mechanisms.We can get going on it right away if that is their wish.We can also wait until mid -December as well.He personally thinks they can the word out. Mayor Insalaco commented they want it as soon as possible. City Clerk Kathleen Connelly stated the deadline for that council packet is roughly two weeks before that. Councilmember Wilson commented they are cutting it short. City Manager Bryant Powell asked if it was moved to the 14th and 15th, it is just he does not know when the next board meeting is.He does not know if Darren would be looking at a January board meeting. City Attorney Joel Stern stated the next board meeting is on Friday but they probably have the agenda done for that.They have one in December unless they cancel it which sometimes they do.He does not know if they will in this case.The December meeting is December 18. Vice Mayor Barker commented that would give them the opportunity to go to the second meeting in December.We would be very sure to get all the applications in of those who might be interested. Mayor Insalaco commented as long as the meeting is not until then that is fine. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 22 OF 29 Councilmember Waldron MOVED TO CHANGE IT TO THE SECOND MEETING IN DECEMBER. Vice Mayor Barker SECONDED THE CHANGE. City Clerk Kathleen Connelly stated it will be December 14 for the interviews and December 15 for the appointment. VOTE:Unanimous. The motion carried. POSSIBLE BOARDS AND COMMISSIONS RECOGNITION PROGRAM )Vice Mayor Barker commented she had a couple of questions on what was discussed the last time on this.We said we would like an annual volunteer dinner. The council consensus was yes. Vice Mayor Barker commented they said they wanted either certificates or plaques.She does not remember whether anything was decided for ten years plus of service on a board or commission. Councilmember Waldron commented they talked about individual boards have recognition processes where they do a plaque.They would do that and the council would do the dinner. City Manager Bryant Powell stated they can do that. Vice Mayor Barker commented the individual boards are going to have to go back in their records to determine who has served ten years plus on their particular board. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 23 OF 29 City Clerk Kathleen Connelly stated we will do that. City Manager Bryant Powell stated Kathy can help with that. City Clerk Kathleen Connelly stated those are council appointees.It would show in the council minutes more so than the individual board and commission minutes.They will not need to do that. City Manager Bryant Powell stated that data that you have can be shared with the different staff members. City Clerk Kathleen Connelly stated absolutely. Vice Mayor Barker commented they can arrange to do whatever they would like to do for their board members.It may be different for each board. City Manager Bryant Powell stated the one thing that could be consistent is at the annual meeting they could, in the direction tonight, talk about the ten year.They do have some data that is starting to get it on the 10 -year and 15 -year for those annual awards that is similar to the League conference that they know about.They could be prepared at those meetings to be a plaque if they want to do so. Vice Mayor Barker commented they can reserve the plaque for ten plus years, or ten and then fifteen and twenty. City Manager Bryant Powell stated when they get into those high numbers it is kind of like their staff.You just do not have it very often andyou end up doing a really neat thing like we did for Glen or Troy. Councilmember Rizzi commented they are looking at the ten year not certificates or anything less than ten.We are just-going with the ten years plus. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 24 OF 29 City Manager Bryant Powell stated that is up to the council.They can do less for the certificates. Mayor Insalaco commented anything under tan they should still get the certificate, but after ten he thinks they deserve a plaque. Councilmember Rizzi commented she would like to see the certificates is why she mentioned it. It could be five years but she is not sure how it should be. City Manager Bryant Powell stated they could do the five year mark for certificates. Councilmember Rizzi commented she does not know what a good year to mark it would be but just something.Five years is a lot to donate your time. Vice Mayor Barker asked if they want that at a dinner or at individual boards. Councilmember.Rizzi commented she thinks a certificate would be nice. Vice Mayor Barker asked again if that was at the dinner.She agreed, but she wanted to clarify it. The council consensus was at the dinner. Councilmember-Wilson commented that way they can still recognize them for the five years. Councilmember Rizzi commented the board terms are three years but then it gets kind of funny. Mayor Insalaco called for a motion: REGULAR MEETING OF THE CITY -COUNCIL NOVEMBER 3, 2015 PAGE 25 OF 29 Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE POSSIBLE BOARDS AND COMMISSIONS RECOGNITION PROGRAM:THAT WE HOST AN ANNUAL VOLUNTEER DINNER AND THAT THOSE WHO HAVE SERVED FOR FIVE TO NINE YEARS BE GIVEN CERTIFICATES AND THOSE WHO HAVE SERVED TEN PLUS YEARS BE GIVEN A PLAQUE. Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly stated she wanted to clarify that these are the boards and commissions that are in the city code. Vice Mayor Barker commented that is correct. 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, NOVEMBER 16, 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 17, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Richard Brown, 236 N. Saguaro #1, Apache Junction, addressed the council regarding the creation of an ordinance to stop texting and talking while driving on the city streets. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 26 OF 29 Ms. Debra Abbott, 1455 N. Tomahawk Road, Apache Junction, addressed the council about enforcing the noise ordinance in regards to Fillies' Bar and Grill.The police have been called a number of times and they have been told there is nothing they can do about it or they turn it back up after they have been talked to. Mr. James Boerigter, 1054 E. Roosevelt Street, Apache Junction, addressed the council regarding his neighbors at 978 E. Roosevelt that are squatting and are now creating a garbage dump on the property that belongs to people in Germany. Mss. Tara Leigh and Kimberly Williams, 900 N. Plaza, Apache Junction, representing Head Start, addressed the council to invite everyone to their open house and ribbon -cutting for their free library. Mayor Insalaco commented every Christmas he goes over there and the kids want to get their fingers in his guitar and strum it the wrong way. Councilmember Wilson directed staff to see if there was something more that the city can do with code enforcement with the junky neighbor.He understands the owners are out-of-state and out of the area but he believes there are some rules on the books they can use to try to resolve the issue. Vice Mayor Barker directed the city attorney and the public safety director to get together with the gentleman who was talking about the texting and driving and give them any information that they need to have on that.She also directed the public safety director to talk to the woman about the noise situation that has got to be pretty irritating. Councilmember Serdy commented he is hearing from a number of businesses about a homeless problem and so it is something they will need to be addressing in the future. Councilmember Waldron directed the city attorney to make the texting thing a primary violation where they can, in fact, stop for that, if possible.He knows there is still some discussion in court cases about that. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 27 OF 29 City Attorney Joel Stern stated he cannot talk about that but he will look into it. Mayor Insalaco commented usually they get complaints at Call to the Public but tonight he sees three serious ones that need to be looked into to see what we can really get done to help all three of these folks out.All three situations seem to be a menace to the community. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:55 p.m. Consent Agenda Items are as follows: 1.Consideration of acceptance of agenda. 2.Consideration of approval of minutes of regular meeting of October 20, 2015. ACCEPTED THIS 17TH DAY OF NOVEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF NOVEMBER, 2015. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 28 OF 29 N S. INSALACO yor 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 3rd day of November, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of November, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 2015 PAGE 29 OF 29