Monday, April 4, :00 PM AGENDA

Transcription

1 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA Monday, April 4, :00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. DISCUSSION ON PROCEDURES FOR APRIL 5, 2011, COUNCIL MEETING. Discussion on procedures and logistics for regular council meeting in order to effectuate council transition. Council member Smithson was sworn in on March 17, This is an additional Oath of Office for benefit of the public. 4. INTERVIEW OF APPLICANTS FOR VACANCIES ON SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT. Due to the resignations of Ray Soden and Clark Smithson, two vacancies exist on the Superstition Mountains Community Facilities District No. 1 Board of Directors. Council is being given this opportunity to interview the applicants for the vacancies, which have term expirations of July 7, These appointments are scheduled for the April 5 regular meeting. 5. DISCUSSION ON CITY TOW POLICY SET FORTH IN ORDINANCE NO. 885 AND TOW ROTATION LIST PROTOCOL/POSSIBLE REQUEST FOR PROPOSAL (RFP) PROCESS. During the May 3, 2010 Work Session, Chief Monahan presented to council the practical challenges with Ordinance No. 885, which was passed and adopted in 1994, establishing a rotation list process whereby tow businesses would be qualified to perform vehicle tows from public property on a rotational call-out basis. This item will allow the council to review and discuss the city's current tow policy under Ordinance No. 885, the current tow rotation list and requirements, and the possibility of securing future towing services through an RFP/bid/contract process. 6. DISCUSSION ON PROPOSED ORDINANCE NO. 1374, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-14, PROPERTY DISPOSITION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. At the December 15, 2010 Work Session, council sought to clarify the weapon disposal policy as adopted under Ordinance No On January 18, 2011, council directed staff to incorporate desired policy changes to Ordinance No. 1285, to include: 1) expanded authorization for the police chief to return weapons used in suicides to their lawful owners; 2) removal of blue book value confirmation; and 3) test-firing and ATF notification requirements. 7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE. The Arizona Vehicle Theft Task Force is a multi-agency task force that conducts complex investigations aimed at identifying, apprehending, and prosecuting individuals and criminal organizations that profit from the theft of motor vehicles and related crimes. By entering into this agreement, the city agrees to recommend and commit police department staff for participation in task force activities. This IGA will benefit the city by focusing proactive vehicle theft enforcement and deterrence efforts in Apache Junction. 8. PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY.

2 The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No recommends specific goals and strategies geared toward fostering revitalization in the downtown. The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. This item is identified in the Fiscal Year City Council Work Plan. 9. PRESENTATION AND DISCUSSION ON THE CITY'S CURRENT METHOD OF SOLID WASTE TRASH COLLECTION AND RECYCLING. 10. PRESENTATION AND DISCUSSION ON SIGNAGE TO HISTORICAL SITES AND MONUMENTS WITHIN THE CITY IN RECOGNITION OF THE STATE OF ARIZONA'S CENTENNIAL CELEBRATION. Representatives from Dons of Arizona will present on their desire to see signage or markers to historical sites and monuments throughout the city in recognition of the State of Arizona's centennial celebration. 11. PRESENTATION AND DISCUSSION WITH STAFF REGARDING ORDINANCE NO. 1361, ACCESSORY BUILDINGS AND STORAGE SHEDS. 12. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk s office: 300 East Superstition Boulevard, Apache Junction, AZ Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480) or (480) (TDD) at least 72 hours prior to the scheduled time.

3 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROCEDURES FOR APRIL 5, 2011, COUNCIL MEETING. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Discussion on procedures and logistics for regular council meeting in order to effectuate council transition. Council member Smithson was sworn in on March 17, This is an additional Oath of Office for benefit of the public. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo

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6 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Communication/Outreach TITLE OF AGENDA ITEM: INTERVIEW OF APPLICANTS FOR VACANCIES ON SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Due to the resignations of Ray Soden and Clark Smithson, two vacancies exist on the Superstition Mountains Community Facilities District No. 1 Board of Directors. Council is being given this opportunity to interview the applicants for the vacancies, which have term expirations of July 7, These appointments are scheduled for the April 5 regular meeting. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo ray soden resignation smithson resignation buzzin application mullen application bowler application mcdaniel application

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21 Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON CITY TOW POLICY SET FORTH IN ORDINANCE NO. 885 AND TOW ROTATION LIST PROTOCOL/POSSIBLE REQUEST FOR PROPOSAL (RFP) PROCESS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: During the May 3, 2010 Work Session, Chief Monahan presented to council the practical challenges with Ordinance No. 885, which was passed and adopted in 1994, establishing a rotation list process whereby tow businesses would be qualified to perform vehicle tows from public property on a rotational call-out basis. This item will allow the council to review and discuss the city's current tow policy under Ordinance No. 885, the current tow rotation list and requirements, and the possibility of securing future towing services through an RFP/bid/contract process. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Towing Service Policies

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32 Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED ORDINANCE NO. 1374, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-14, PROPERTY DISPOSITION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: At the December 15, 2010 Work Session, council sought to clarify the weapon disposal policy as adopted under Ordinance No On January 18, 2011, council directed staff to incorporate desired policy changes to Ordinance No. 1285, to include: 1) expanded authorization for the police chief to return weapons used in suicides to their lawful owners; 2) removal of blue book value confirmation; and 3) test-firing and ATF notification requirements. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Discussion only. ATTACHMENTS: Click to download Draft Ordinance No. 1374

33 DRAFT ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-14, PROPERTY DISPOSITION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the City of Apache Junction Department of Public Safety/Police Department maintains a central repository for the purpose of receiving and retaining seized evidence, including but not limited to firearms and other weapons; and WHEREAS, on February 20, 2007, the City Council passed and adopted Ordinance No. 1285, which regulates firearm disposal within the City of Apache Junction; and WHEREAS, on January 3, 2011, in response to interpretation and practical application challenges involving the weapons policy under Ordinance No. 1285, the Mayor and City Council held a work session to discuss possible amendments to the policy; and WHEREAS, on January 18, 2011, the Mayor and City Council instructed City staff to amend the disposition policy for firearms seized by the Department of Public Safety; and WHEREAS, such direction included new language which expanded the Chief s discretion on return of weapons used in suicides and the test firing of weapons that are scheduled for destruction; and WHEREAS, with these revisions, the City of Apache Junction acknowledges affirmation of the Second Amendment to the U.S. Constitution establishing an individual s right to bear arms, as decided by the U.S. Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Volume I, Chapter 3 Administration, Article 3-14, Property Disposition, is hereby amended as follows: ORDINANCE NO PAGE 1 OF 4

34 ARTICLE 3-14 PROPERTY DISPOSITION A. DEFINITIONS Administrative Procedures shall be those regulations which the City creates relating to weapons disposition. Historic Significance shall mean some special or important past. Licensed Dealers shall mean those persons, firms, or other entities which hold current and valid governmental authorization to trade, sell or barter weapons. Preservation Entity shall mean any governmental or private agency, association, or organization that displays to the public for a fee or for free, weapons in their original condition or those that have been restored. B. WEAPONS DISPOSITION All seized or appropriated weapons that are in the possession of the Apache Junction Police Department shall be: a) Returned to the lawful owner, if he or she is not a prohibited possessor as defined under A.R.S or otherwise has not been prohibited from possessing such weapon(s) pursuant to a plea agreement or court order. b) Converted to use by members of the City of Apache Junction Police Department in performance of their duties, as determined by the Chief of Police. c) Transferred to other law enforcement agencies for official law enforcement purposes, as determined by the Chief of Police. d) Transferred or sold to appropriate museums or other preservation entities if such weapons have historical significance, as determined by an expert in antiquities and rare items employed by the State of Arizona or a private museum. e) Offered at auction to licensed weapon dealers. ORDINANCE NO PAGE 2 OF 4

35 f) Destroyed or disposed of in a manner the Chief of Police believes is commercially viable and appropriate under the following circumstances: i) Firearms that have been illegally modified or are specifically illegal to possess under Arizona or federal law. ii) Firearms that were used in the commission of a crime, or that were used in the commission of a suicide, following the conclusion of the investigation/prosecution and with appropriate release from the prosecutorial agency involved. Such discretion noted above includes return of such weapons to their lawful owners as determined by the Chief of Police in consultation with the City Attorney. iii) Firearms whose serial numbers have been altered or defaced, except for handguns which were manufactured before 1938 and long rifles manufactured before In such cases, the Chief of Police shall: 1) if they can be obtained, notify ATF; and 2) dispose of such weapons through an auction after having such firearms examined and valued by an expert as identified in subsection (d) above. Such value shall be the opening bid price at any auction. g) Subject to test firing if in the opinion of the Criminal Investigation Division Commander, such test firing is viable, with such results then being entered into the National Integrated Ballistic Information Network. C. Administrative procedures for the auction of firearms shall be followed in accordance with Arizona law. D. Any funds collected as a result of City-initiated weapon auctions shall be placed in the City of Apache Junction General Fund and be specifically allocated to the Police Department budget. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO PAGE 3 OF 4

36 SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any of the provisions adopted herein shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO PAGE 4 OF 4

37 Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Public Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO , AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Arizona Vehicle Theft Task Force is a multi-agency task force that conducts complex investigations aimed at identifying, apprehending, and prosecuting individuals and criminal organizations that profit from the theft of motor vehicles and related crimes. By entering into this agreement, the city agrees to recommend and commit police department staff for participation in task force activities. This IGA will benefit the city by focusing proactive vehicle theft enforcement and deterrence efforts in Apache Junction. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Resolution No Intergovernmental Agreement

38 RESOLUTION NO 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 WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE. WHEREAS, the Arizona Department of Public Safety, a political subdivision of the State of Arizona ( DPS ) and the City of Apache Junction, an Arizona municipal corporation ( City ), desire to enter into an Intergovernmental Agreement ( IGA ) allowing City to participate in the Arizona Vehicle Theft Task Force ( task force ); and WHEREAS, the task force is comprised of city, county, state and federal law enforcement agencies working together to identify, apprehend, and prosecute individuals and criminal organizations who commit theft of motor vehicles and related crimes; and WHEREAS, City s participation in this multi-agency task force will benefit the City by focusing proactive vehicle theft enforcement and deterrence efforts in the City; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A.R.S (A), public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council approve the Intergovernmental Agreement Regarding Arizona Vehicle Task Force; and the Police Chief is hereby authorized to sign the agreement on behalf of the City. 2. Staff shall record such document in the Pinal County Recorder s office within sixty (60) days after full execution by all Parties. RESOLUTION NO PAGE 1 OF 2

39 3. The Chief of Police is authorized to designate an officer to carry out the duties under and purpose of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 2 OF 2

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45 Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No recommends specific goals and strategies geared toward fostering revitalization in the downtown. The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. This item is identified in the Fiscal Year City Council Work Plan. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

46 Print TO: City Manager's Office FROM: Councilmember Robin Barker DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE CITY'S CURRENT METHOD OF SOLID WASTE TRASH COLLECTION AND RECYCLING. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

47 Print TO: City Manager's Office FROM: Councilmember Jeff Serdy DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON SIGNAGE TO HISTORICAL SITES AND MONUMENTS WITHIN THE CITY IN RECOGNITION OF THE STATE OF ARIZONA'S CENTENNIAL CELEBRATION. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Representatives from Dons of Arizona will present on their desire to see signage or markers to historical sites and monuments throughout the city in recognition of the State of Arizona's centennial celebration. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

48 Print TO: City Manager's Office FROM: R. Joel Stern, City Attorney DATE: April 4, 2011 Agenda Type : Council Priority Focus Area: Work Session Agenda TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION WITH STAFF REGARDING ORDINANCE NO. 1361, ACCESSORY BUILDINGS AND STORAGE SHEDS. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available