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HomeMy WebLinkAbout2015-11-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 17, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 17, 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 Mayor Insalaco 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 City Engineer Emile Schmid Development Services Director Larry Kirch Others Present:Economic Development Administrator REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 1 OF 23 Janine Solley Project Engineer Raquel Schatz ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE PROPOSED MASTER PLAN FOR THE DOWNTOWN PARK BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced she and the mayor attended the open house to our Early Headstart program last week.They had obtained a grant to start a public library to take a book, leave a book or exchange a book.They have an outside box with books for when they are closed. Councilmember Rizzi announced VFW Post #9899 had an open invitation for a luncheon after the parade last week.It was very well attended.They took an employee of theirs who had received a Purple Heart for Vietnam.She thanked the VFW, Councilmember Waldron and the parade committee for the hard work on the parade and luncheon. Councilmember Rizzi announced she attended the winter visitor welcome back ceremony as a vendor.It was very well attended. The winter visitors seemed to be having a good time. Councilmember Rizzi announced the Boys and Girls Club will be having their community Thanksgiving dinner tomorrow night at 5:30 p.m. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 2 OF 23 Councilmember Wilson announced he and Vice Mayor Barker attended the health and wellness event this weekend with the parks and recreation department.It was very well attended.Staff did a fantastic job. Vice Mayor Barker commented there were more vendors than ever there and it was fun. Vice Mayor Barker thanked Councilmember Waldron and all of his help for Veterans Day as it was amazing.More floats than ever and we are getting up there with the Phoenix parade. Vice Mayor Barker announced she attended the ceremony that kicked off A Week Against Domestic Violence at the Mexican Consulate in Phoenix.The Consul General led it off by reading the resolution that Apache Junction signed two years ago.We were the first city to sign it.The state legislature signed it last year.Mexico had not joined yet. Councilmember Waldron thanked the public works department for their assistance during the Veterans Day activities. Councilmember Waldron announced he, the mayor, Chief Kelly and Captain Freeman attended a veterans ceremony at Desert Vista School.The kids did a great job. Councilmember Waldron announced he attended the partnership meeting last Friday where they discussed the airport and how it got its name. Councilmember Evans announced Superstition Mountain Museum will be having the initiation of the stamp mill this weekend.It will be operating for the first time.On display will be Jacob Waltz' gold matchbox case, a one day, one-time event beginning at 10 a.m. on Saturday. Councilmember Serdy commented he was contacted a couple of weeks ago by Stephanie Jarvis of the college football playoff committee.Every year they are required to give away $1,000,000 to be split up with the Pinal County schools getting $250,000. It did not really work out that way.Four Peaks, Avalon, Desert Vista and the high school put in for the money and were all chosen.All of them were funded along with all the schools from REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 3 OF 23 Pinal County that put in an application.They asked him to set it up for the schools but he was out-of-state and asked Councilmember Rizzi to step in.It was supposed to be a surprise to the people that applied. Councilmember Rizzi commented it went really well.She thanked c, him for letting her take his place.The fourth grade class and teacher from Four Peaks attended along with many dignitaries, the Avalon principal, the teacher from Desert Vista and Dr. Wilson.The kids were excited and surprised. Councilmember Serdy commented they would have funded a lot more but the schools did not know to put in.They funded everybody that applied. Councilmember Rizzi commented they asked for the minimal amount for what they needed.Desert Vista's garden project was under $300.They were afraid if they asked for too much they might not get it.They were very frugal in their requests. Mayor Insalaco commented yesterday morning he was at the winter visitors meeting at Barleen's Arizona Opry to welcome all the winter residents.They liked it when he said winter residents and not winter visitors or snowbirds.Winter visitors are people who come for the weekend.These people live here six months of the year.They should be considered residents. Mayor Insalaco announced this coming Saturday at the high school field there will be a celebration of music with all the bands from the Apache Junction schools.They will have eating vendors and others of all kinds starting at 10:30 a.m. until 4 p.m. CITY MANAGER'S REPORT City Manager Bryant Powell commented on city staff helping to make events happen, the honor guard, and read a letter from a resident on the assistance she received from the police department. PUBLIC HEARINGS RESOLUTION NO. 15-29, DECLARING PORTIONS OF FEDERALLY PATENTED REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 4 OF 23 EASEMENTS LOCATED ON JUNCTION DRIVE FROM EXPLORER ROAD TO OUTPOST ROAD, 2ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD, 3RD AVENUE FROM OLD WEST HIGHWAY TO EXPLORER ROAD, EXPLORER ROAD FROM OLD WEST HIGHWAY TO JUNCTION DRIVE AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION ROAD AS NO LONGER NECESSARY FOR PUBLIC USE/RESOLUTION NO. 15-31, DECLARING PORTIONS OF DEDICATED PUBLIC RIGHTS -OF -WAY LOCATED ON 2ND AVENUE BETWEEN IDAHO ROAD TO EXPLORER ROAD, AND LOCATED ON EXPLORER ROAD BETWEEN 2ND AVENUE AND JUNCTION STREET AS NO LONGER NECESSARY FOR PUBLIC USE AND ARE HEREBY ABANDONED )Project Engineer Raquel Schatz briefed the council on the items. Councilmember Serdy commented everyone will be approaching this from Idaho and the Trail, not so much Winchester.Winchester will stay the same; it is not a through street.He asked if there are any future plans to punch Winchester through and connect it.It will be more commercialized over there.He asked why it was never connected. City Manager Bryant Powell stated they will certainly look at that in time as traffic comes in to the area and we see it start to develop.He is not sure the traffic study could help and whether it dealt with Winchester.He does not know if the scope of the traffic study went that far. Project Engineer Raquel Schatz stated she did not believe the traffic study was inclusive of Winchester.She can check on it and report back to them. Councilmember Serdy commented this really was not the time for this question.It just dawned on him.Many times he has tried to come to the meetings that REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 5 OF 23 way.It would be so convenient to just jump on Winchester and connect.It would make the city flow better in the future. City Manager Bryant Powell asked if he was talking about from Scenic north. Councilmember Serdy commented from Scenic to Superstition. City Manager Bryant Powell stated that is interesting.It would also be a discussion with Arizona Department of Transportation at some point.They will definitely keep looking at it as this area starts to develop. 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. City Manager Bryant Powell stated we have been studying this area for quite some time, we have done a preliminary site plan review and it passed.This is the next portion of the development that is coming.In two weeks they will be bringing forward the final plat. Vice Mayor Barker asked how many meetings they have had on this.She asked if it was the fourth. City Attorney Joel Stern stated that is correct if you do not include the planning and zoning commission meetings.They did have the preliminary plat. Vice Mayor Barker commented this has definitely been discussed. City Attorney Joel Stern stated there has been a lot of exposure. Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 6 OF 23 Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT JUNCTION STREET FROM EXPLORER ROAD TO OUTPOST ROAD, 2ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD, 3RD AVENUE ALIGNMENT FROM OLD WEST HIGHWAY TO EXPLORER ROAD; EXPLORER ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS -OF -WAY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT RESOLUTION NO. 15-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF DEDICATED PUBLIC RIGHTS -OF -WAY LOCATED ON 2ND AVENUE BETWEEN IDAHO ROAD AND EXPLORER ROAD AND LOCATED ON EXPLORER ROAD BETWEEN 2ND AVENUE AND JUNCTION STREET ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY ABANDONED AS PRESENT AND FUTURE PUBLIC RIGHTS -OF -WAY, BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1418, CONTINUING THE RATE OF TAXATION BY TWO -TENTHS OF ONE PERCENT AS ORIGINALLY ADOPTED IN ORDINANCE NO. 1129 AND DEDICATING IT TO PAYING MANDATORY CONTRIBUTIONS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND OTHER CITY LAW ENFORCEMENT COSTS ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 7 OF 23 )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. Councilmember Waldron asked what the liability is. City Manager Bryant Powell stated if they think about the costs as it relates to the Public Safety Personnel Retirement System, they are being advised more and more to think of it as a debt.The city will be on the hook for this.It is what they will be paying first as they start to establish it.It is that high a priority; it is that important. That number is right around $12 million in terms of the existing unfunded liability. Councilmember Waldron commented this is from the State of Arizona. City Manager Bryant Powell stated it is from the state.It is part of our participation in the retirement plan.They will continue to raise the rates until they get the unfunded liability going down.This helps solidify and provide for a foundation base revenue so that, over a period of time, they can start working at it.They have heard him talk about cities across the state having to implement some sort of new tax or something to that form.Our costs have increased significantly just like the other cities.This is a method he has been discussing on how to manage it. Vice Mayor Baker asked how the city got here. City Manager Bryant Powell stated the best way he could describe it is the fundamental assumption as it relates to how the revenue would continue to grow did not happen.For example, there are assumptions and there are increases of 7% or 8% every year.In 2008, 2009 and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 8 OF 23 2010 not only did it not increase at those rates, it went significantly lower, 30%. Vice Mayor Barker commented this is the retirement rate, not the pay rate. City Manager Bryant Powell stated this is in essence a savings account.It is expected to grow over time.It did not happen. Vice Mayor Baker asked who determines those rates. City Manager Bryant Powell stated the Public Safety Personnel Retirement System made those assumptions. Vice Mayor Barker commented it is the state board that made those assumptions. City Clerk Kathleen Connelly stated-itiis,a system that is independent from the city.They are kind of anentity all to themselves.A few years ago they extracted themselves from state regulation even more.That was just prior to the recession.What they have here is a result of this decision -making by another group, not by staff or the mayor and council. City Manager Bryant Powell stated he thinks some of the other things have to do with the fact and reality that when this system was created people lived to 65 -years -old.Now they can live to 70, 75 and 80.The ability to live longer requires pension systems to stay functional and be able to afford to pay for that extension. That assumption has changed over 20 to 30 years when these laws were created on how this system was set up.There were assumptions about how cities in Arizona would continue to grow, how cities would be able to continue to hire new officers.That would have helped with the unfunded liability or some others that they have talked about. Assistant City Manager Matt Busby stated there was an assumptionon the market returns on REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 9 OF 23 hiring and wages and all those things.The assumption is there would be five new officers a year.These would be net new, not just turnover and hiring new people.They have to choose some actuarial assumptions but these were not good ones. Vice Mayor Barker commented these are the assumptions of the moment.We are looking at a possible $12 million. City Manager Bryant Powell stated that is the unfunded liability right now. Vice Mayor Barker commented that is something they must pay.They are mandated to do that. She asked if there is an end to this picture and how will it end. City Manager Bryant Powell stated in theory, yes.But they do not know what the stock market will do.All these things are based on assumptions.He does not know how to answer that.They will have to continue to pay this debt off.They have people in the retirement system who provided great and wonderful service. Vice Mayor Barker asked if it will continue to grow. City Manager Bryant Powell stated at some point they will get to an equilibrium.We were paying 24% in retirement benefits.It moved to 32% and then 42%.It is.believed in next year's budget they may ask the city to pay close to 50% in retirement benefits.Some cities, such as Paradise Valley, Tucson and Prescott Valley, are up in the 70's to help get that unfunded liability under control.Those numbers will continue to raise. Vice .Mayor Barker commented she thinks it is important.They have been through this multiple times.She wants to make sure the public understands that we are stuck with a bill that we have to pay.That is basically what it boils down to. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 10 OF 23' Councilmember Waldron commented the other thing that is disconcerting is if they look at the FY 2017 projected, it is actually more than the tax will bring in.They need to make up that difference. Councilmember Serdy asked if this is another ten years they would be voting for.He asked why it was for so long.This was two councils ago that put this in, not for this intent, and he wondered why they have to do it for another ten years instead of four where it can be looked at again because they are saying they may come out of it.It would be nice to see something that is supposed to sunset actually sunset someday.They could then put in a new one.He knows it is convenient because it is already written. City Manager Bryant Powell stated that is a policy decision on their part.He is trying to match that.The .2% is right about $1 million.It gets the city as close as it can in ten years to about the $12 million. It is our professional best estimate to try to get us to the equilibrium.It is why we started there. Vice Mayor Barker commented they are talking about the possibility of coming up with $10 million between now and the point of where it sunsets.They will be making up the difference as time goes by from the general fund. City Manager Bryant Powell stated in theory that is correct. Councilmember Serdy asked if it is ten years or nothing. Councilmember Wilson commented from what he understands it is ten years to just try and get the debt we are behind right now caught up. Mayor Insalaco called for a motion. City Clerk Kathleen Connelly stated this is public hearing. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 11 OF 23 Mayor Insalaco commented he already did the public hearing. Vice Mayor Barker commented he had closed it and this was council discussion. City Clerk Kathleen Connelly asked if anyone wanted to speak. Mayor Insalaco opened the public hearing.There being no one wishing to speak, he closed the public hearing and called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1418 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. (During the vote Councilmember Rizzi commented she agreed with Councilmember Serdy in liking to see this sunset but it is something that is necessary.) The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1418, AS READ BY THE CITY CLERK, BE APPROVED WITH THE FOLLOWING AMENDMENTS:THAT SECTION II DESIGNATING THE PURPOSE INSTEAD READ "FOR SUCH PERIOD OF TIME AS THE CITY OF APACHE JUNCTION LEVIES THE TAX AS DESCRIBED IN SECTION I ABOVE, THE REVENUES COLLECTED FROM THE TWO -TENTHS OF ONE PERCENT CONTINUATION SHALL BE USED FOR MANDATORY PAYMENTS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND UNFUNDED LIABILITY RELATED TO THIS SYSTEM". REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 12 OF 23 Councilmember Wilson SECONDED THE MOTION. VOTE:6-1 (Councilmember Serdy voted in opposition.) (During the vote Councilmember Serdy commented he did not like the length of it.Obviously we need it, he just wished they would do a shorter version in case they come out it.This is money they could use somewhere else.) (During the vote Councilmember Wilson commented he also does not like the idea of doing it but he understands the need and requirements.We have been put into this situation.It is not our problem and it is not what we have done.) (During the vote Councilmember Rizzi responded with ditto after Councilmember Wilson.) The motion carried. ORDINANCE NO. 1420, ADOPTING A NEW ARTICLE VI USE TAXES AS SET FORTH IN THE MODEL CITY TAX CODE )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented for clarification that this is not an additional tax on anyone. If they buy a vehicle in Mesa they pay Mesa's city sales tax and they are not charged this use tax. City Clerk Kathleen Connelly stated this is applied when there is not a municipal sales tax paid on an item.One emphasis is that if we do not have this in place, if and when the marketplace fairness act goes into legislation, it would have to be adopted by Congress, we would not be able to collect the use tax on those items.All of us realize that the retail purchases are now heavily internet.We would be at a disadvantage if we were not in the position to get the tax. Vice Mayor Barker commented this levels the playing field for local businesses because they REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 13 OF 23 have to charge a tax. If Somebody goes out of town andbuys it in a county island they now have to pay that tax. City Clerk Kathleen Connelly stated we are particularly unique because we have county islands on both sides. Councilmember Waldron commented by implementation of this it puts us on the distribution list for when the tax comes in the state and they distribute that tax money to cities with a use tax. City Clerk Kathleen Connelly stated that is correct.She also pointed out that the state had throughout the month of October a voluntary disclosure program where people could come forward and say they forgot topay their taxes.They .would work with the State of Arizona and take care of that tax debt.By voluntarily doing so they were relieved of some of the additional penalties that could have been assessed. The state alerted us to somebody who took advantage of this program and filed with the State of Arizona claiming retail sales, but then claimed use tax for Apache Junction.That particular business had discovered we did not have a use tax and that was their attempt to get out of city taxes.However, because they reported retail at the state they also had to report retail to us.That one was captured, but it was an attempt to undermine the tax code. 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 ORDINANCE NO. 1420 BE READ BY TITLE ONLY AND THE READING OF. THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE' 14-0F'23 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1420, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. (During the vote Councilmember Serdy commented this is something previous councils should have done.) The motion carried. OLD BUSINESS APPOINTMENTS OF APPLICANTS TO THE PLANNING AND ZONING COMMISSION, BOARD OF ADJUSTMENT AND PARKS AND RECREATION COMMISSION )City Clerk Kathleen Connelly commented last night, when going through the page they have in their packets, they were working off ofthe list.If they look at the narrative just above the list of names, Sue Warner is mentioned.She was not on the list but she was actually -part of the group that had an interest.She -was here Last night-and -for whatever reason when she: asked if there was anybody who_had ,not been called, she did not respond.She wanted you to know that she is still interested. Mayor Insalaco called for a motion. Vice Mayor, Barker-.MOVED THAT WILLIE HOWARD BEAFTGINTED,TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017. REGULAR:MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 15 OF 23- Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion on the Board of Adjustment. Councilmember Waldron asked if the communication from Mr. Howard was good enough for the resignation from the other boards. City Clerk Kathleen Connelly stated she believed so. Mayor Insalaco called for a motion for the Board of Adjustment. Councilmember Waldron MOVED THAT FRANK SCHOENBECK BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a motion for the Parks and Recreation Commission. Councilmember Waldron MOVED THAT FRANK SCHOENBECK BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018.He stated he wanted to explain that a little bit.The Board of Adjustment does not meet that often.He asked if anyone could remember the last time they met.It was quite a while ago. City Manager Bryant Powell stated it has been a while. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 16 OF 23 Mayor Insalaco called for a second. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. (During the vote Vice Mayor Barker commented she hoped that the next time around they realize that we had a lot of people asking for appointment.) The motion carried. NEW BUSINESS None. DIRECTION TO STAFF POSSIBLE AMENDMENT TO BOTH THE OPERATIONAL AGREEMENT AND ORDINANCE NO. 1034 RELATED TO THE LANDFILL LOCATED SOUTH OF BASELINE ROAD AT THE TOMAHAWK ALIGNMENT )Development Services Director Larry Kirch briefed the council on the item. Mayor Insalaco called for any discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE LANDFILL CLOSURE PROPOSAL:1) THAT STAFF PROCEED WITH AMENDMENTS TO THE OPERATING AGREEMENT AS PRESENTED AND DISCUSSED AT THE NOVEMBER 16, 2015 WORK SESSION.2) THAT STAFF BEGIN THE PROCESS FOR A CITY -INITIATED PLANNED DEVELOPMENT REZONING.3) THAT STAFF RETURN THE PROPOSED PLANNED DEVELOPMENT REZONING FOLLOWING A PUBLIC HEARING AND RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION AND PROVIDE IT AT THE SAME TIME THAT THE PROPOSED FINAL OPERATING AGREEMENT IS PRESENTED TO THE COUNCIL. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 17 OF 23 Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED AMENDMENTS TO THE PLANNING AND ZONING ADMINISTRATIVE FEES Development Services Director Larry Kirch briefed the council on the item. Vice Mayor Barker commented the fees listed in the handout are the current fees, not the proposed fees. Development Services Director Larry Kirch stated the next slide will show what they are proposing.It shows the current and the proposed.The first column is what we currently have. Vice Mayor Barker commented the comparison he has is their current fees compared to other current fees. Development Services Director Larry Kirch continued with his briefing. Councilmember Serdy commented he thinks this is much more business and user friendly.He liked it. Mayor Insalaco commented he thinks it is more reasonable than it was before, especially the ones that are going down. Vice Mayor Barker asked if they were including the annexation charge in this. Development Services Director Larry Kirch stated that is up to the council.They can have it in the direction to staff or they can delete it.It is their prerogative. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 18 OF 23 City Manager Bryant Powell stated that can be said in the direction to staff. Development Services Director Larry Kirch stated the one commercial/industrial will be stricken as well. City Clerk Kathleen Connelly stated those fees Larry referred to that were adopted by council by resolution have another tier.If it is a commercial request it is actually fifty cents a page. Development Services Director Larry Kirch stated they were looking at 1990 which was a few years ago.They can adjust the fees are not.They are not proposing to adjust any of those.They are only adjusting the planner costs. Councilmember Rizzi asked if it was tedious to go through and try to calculate the staff time that was necessary for these. Development Services Director Larry Kirch stated they did not do a desk audit.If they really want to know what the actual costs are they would need to do a more detailed study.They relied on the fact that Rudy has been doing this for 25. years and he knows what it takes to do a. zoning verification letter, preliminary or final plat-.He.ought to know by now.-They tried to include the departments that were involved and some 'estimates on how much time in each department. He does not believe it is 100% accurate but it is better than just putting a bunch of cities on a spread sheet and getting the high, low and average, and picking -a .number. Councilmember Rizzi agreed. Councilmember Evans asked if they need. to state .inthe direction to -staff that this be reviewed every five.years, not every twenty years. City Attorney Joel Stern stated they can do that.This is just direction to staff.It does not set everything.There has to be a public hearing and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 19 OF 23 60 day notice.That could come later or they can do it now. The direction would be to create an ordinance that includes these changes and also delete out what you do not like.That could change at the public hearing.They will do a notice that essentially lists all these changes.They have to do that pursuant to state law.It will then come back and based on the 60 day notice it will take you through the end of January.The likelihood is this will come back in February. City Clerk Kathleen Connelly stated what they would be doing tonight is direct the development services director to prepare a draft ordinance, adding or deleting whatever they choose, and he would bring it back to them in possibly December.At that time they could say to proceed with putting it in final form, do the public notice on the fees, and bring it back for a regular public hearing at a date at least 60 days beyond the notice. City Manager Bryant Powell stated they have done a few of these with the parks and, recreation fees..It is time to update the animal control fees and this one.It is his goal to do that every few years.They look at.the water fees every -year.We do the personnel rules every two years.-They need to work on a system across the departments on how to do that.much more frequently. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED AMENDMENTS TO THE PLANNING AND ZONING ADMINISTRATIVE FEES:THAT STAFF CREATE A DRAFT ORDINANCE TO REFLECT THE PLANNING AND ZONING FEES THAT WERE PRESENTED AT THE NOVEMBER 17 MEETING, DELETING ANY ANNEXATION FEES; AND BRINGING AN ORDINANCE WHICH INCLUDES A FIVE YEAR REVIEW TERM BACK TO THE COUNCIL THE SECOND MEETING OF DECEMBER. Councilmember Waldron asked if she wanted to include the one line, the commercial industrial. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015. PAGE 20 OF 23' Vice Mayor Barker commented she thought he had already gotten rid of that.It was discussed tonight so it would cover that. second. Mayor Insalaco called for a Councilmember Evans 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, NOVEMBER 30, 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, DECEMBER 1, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction, addressed the council regarding an update on the third quarter dump week and fourth quarter dump week. Vice Mary Barker asked if hard hats and vests are now required at the landfill. Mr. Chris Coyle stated they are. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 21 OF 23 Councilmember Evans commented the same hard hat requirement is at RAD disposal facility. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:09 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of November 3, 2015. 3. Consideration of the proposed master plan for the downtown park. ACCEPTED THIS 1ST DAY OF DECEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF DECEMBER, 2015. ATTEST: KATHLEEN CONNELLY City Clerk Mayor 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 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 22 OF 23 Council of the City of Apache Junction, Arizona, held on the 17th day of November, 2015.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of November, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2015 PAGE 23 OF 23