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HomeMy WebLinkAbout2011 04.19 City Council Regular Agenda PLEASE FILL OUT A"RE. EST TO SPEAK" FORM IF YOU WISH TO ADDS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN ,.EM O1 ApACH 41., a ' '., of A ache junction z Home D/the Superstition Mountains 4Riz0tA* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD ` APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA April 19, 2011 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. D. CONSENT AGENDA. The Council may, at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to, acceptance of agenda, acceptance of minutes,appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda 2. Approval of Minutes of Regular Meeting of April 5,2011. E• AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and "" visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 3. FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF GRADUATION TO 16 GRADUATES OF THE THIRTEENTH CITIZEN LEADERSHIP INSTITUTE. F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location. G• CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 4. MANAGER'S REPORT. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 5. CONSIDERATION OF PROPOSED ORDINANCE NO 1374,AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3,ADMINISTRATION,ARTICLE 3-14,PROPERTY DISPOSITION;REPEALING ANY CONFLICTING PROVISION"PROVIDING FOR SEVERABILITY;AN'""NOVIDING FOR PENALTIES. Ordinance No 1374 incorporates desired policy changes to the weapon disposal policy originally set forth in Ordinance No 1285, including 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 I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None J. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K• COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 6. COUNCIL DIRECTION TO STAFF ON CITY TOW POLICY/POTENTIAL REQUEST FOR PROPOSAL(RFP) FOR TOW SERVICES. 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 Staff respectfully requests council's direction regarding 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 7 COUNCIL DIRECTION TO STAFF ON THE SELECTION OF A "BRAND"FOR DOWNTOWN APACHE JUNCTION. The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommended specific goals and strategies geared toward fostering revitalization in the downtown The strategy calls for adopting a consistent brand for downtown to be used in promotion, recruitment and physical elements throughout the downtown core. Staff is seeking direction on moving forward with the draft concept logo and tagline L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 8. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M FOR MONDAY,MAY 2,2011. 9. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,MAY 3,2011. OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda. If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1) respond to criticism by a speaker,2)ask the City Manager to review a matter,3) ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone, provide their name and address There is a three(3) minute time limit per speaker. N. 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 If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time p CITY COUNCIL REGULAR MEETING APRIL 5, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 5, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Others Present : Program Coordinator Heather Patel Revenue Development Manager/Grants Specialist Roger Hacker Building Official Dennis Dixon Community Resource Unit Coordinator REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 1 OF 16 Constance Halonen Dispatcher Jerry Ward Captain Arnold Freeman Community Relations Manager Pat Brenner Police Volunteer Patrol Lieutenant Will Haynes ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEM NO. 3 BE MOVED TO NEW BUSINESS; AND THAT RESOLUTION NO. 11-11, 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, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly publically swore in Councilmember Smithson. She had administered the official oath of office on March 17, 2011, as required by state law to allow him to begin his duties. Laura Dean-Lytle, secretary to the board of the Friends of Apache Junction and Brenda Hacker, incoming president of the board for Salt River Brass Band, presented the mayor with a check for $3, 500 for the Parks and Recreation Department' s Special Events Program. Mayor Insalaco read a proclamation designating April 2011 as Fair Housing Month and presented the proclamation to Program Coordinator Heather Patel . REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 2 OF 16 Program Coordinator Heather Patel gave a brief presentation on the success of the Earned Income Tax Credit and Tax Counseling for the Elderly Initiatives for the 2010 tax year. She stated that through March 28 there have been 573 returns completed with 64 returns qualifying for the credit for a total of $69, 000 . Twenty-six families were able to take the child tax credit for $37, 000 . Through March 28, the total refunds are a little under $600, 000 . The volunteer service is calculated to be valued at $54, 000 thus far. Mayor Insalaco read a proclamation designating April 10-16, 2011 as National Crime Victims' Rights Week and presented the proclamation to Public Safety Director Jerald Monahan. Public Safety Director Jerald Monahan announced the events associated with National Crime Victims' Rights Week that will be held here in the city. Mayor Insalaco read a proclamation designating April 10-16, 2011 as National Public Safety Telecommunications Week and presented the proclamation to Public Safety Director Jerald Monahan who then introduced Dispatcher Jerry Ward, the incoming Communications Administrator. Mayor Insalaco read a proclamation designating April 10-16, 2011 as National Volunteer Week and presented the proclamation to Community Resource Unit Coordinator Constance Halonen who commented the volunteers provided over 11, 000 hours to the police department alone. They have 48 active volunteers, and some of them were in the audience that evening. CITY MANAGER' S REPORT City Manager George Hoffman commented on the first electronic recycling and recycling waste event; read a letter from the Arizona State Parks Department to the mayor for the efforts put forth by staff on the Lost Dutchman State Park Ride; thanked the mayor and Councilmember Barker for working the water festival event; and thanked and gave his appreciation and gratitude to Assistant City Manager Bryant Powell on his 10 years of service. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 3 OF 16 Councilmember Wilson commented he, Councilmember Serdy and Bryant Powell attended the Centennial Celebration at Roosevelt Dam, sponsored by Salt River Project, the U. S. Forest Service, the U. S . Department of Interior, and the Bureau of Reclamation. They walked across the dam and had a box lunch. Many elected officials from Salt River Project were there, along with Governor Jan Brewer. A Theodore Roosevelt actor gave a good presentation on what happened at that time. They opened the time capsule from 1961 and one thing pulled out was a telegram .-. from President Kennedy who made statements concerning the dam. It was filmed live and shown in Tempe. Councilmember Serdy commented it did not dawn on him how important it was while they were there. He realized later that if the project had not been done, the whole valley would probably have no more than 500, 000 people in it instead of what it has now. He believes they were the only delegation that came up the original trail; everyone else took the easy way. They gave Bryant the tour. Our local historian Tom Kollenborn was there. He was also there in 1961 for the original ceremony. Greg Davis, the president of the Dons, was there recording it. The security was incredible with the governor there. It was a privilege to attend. Councilmember Wilson thanked parks and recreation for the Black Stallion Literacy Project on March 31 . They had four schools attend with around 300 first grade students . They had one unauthorized visitor, a small rattlesnake, captured by a parks officer and removed to his new home. This was put on by the parks and recreation department, the Arizona Horse Council and the Superstition Mountains Horsemen' s Association. Councilmember Wilson announced he attended a meeting in Gold Canyon where Supervisor Martyn was talking about that community not wanting to have a medical marijuana facility in their community. They recently passed some zoning rules in the county wherein a dispensary cannot be any closer than 1, 200 feet to a school or church, and it is limited to the commercial zoning of CB-2 . He addressed what the law was about, that they are following what the law says, and now they are putting together what has been voted upon. He feels it is for patients only, and he will not force an area to have one . Gold Canyon does not want one, and they would be very limited in where they could REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 4 OF 16 have it. All the county supervisors will not force a community to have one, and Supervisor Martyn stated it is up to the City of Apache Junction and the citizens of Apache Junction if they want to allow one in that community. A dispensary in East Mesa would be able to cover this entire area. It was very interesting and there were about 100 to 150 people that showed up. „� Councilmember Barker commented they have had a busy three weeks . While Councilmembers Wilson and Serdy were at Roosevelt Dam, she was at the Chamber of Commerce Business Fair. There were 42 businesses there and about 300 people came through. They got to see martial arts entertainment, musical performances, and lots of goodies on the tables . The next day she, Councilmember Smithson, Mayor Insalaco, George Hoffman, Bryant Powell and Ruth Giese went to the junior high to look at their awesome technology. She later went to the senior center and rode with a volunteer to deliver meals on wheels. They deliver as many as 200 meals a day, plus they serve meals at the center itself. She helped serve meals for the volunteers later as they were having a celebration for the volunteers who work at the senior center. The following day was the water event for the water district. They had fourth graders that went from station to station. She taught water conservation all morning long The night before she, the mayor and Ruth went to Globe-Miami, had a wonderful dinner and listened to a lot of issues at a Central Arizona Association of Governments meeting. After the water event she, the mayor, Councilmember Wilson and George Hoffman went to Florence and met our legislators, Representatives Platt and Fillmore, who told them about the legislative session. On Saturday there was the ride at Lost Dutchman State Park with approximately 100 participants . They brought in approximately $4, 000 . The mayor spoke on the radio. That night there was a Community Alliance Against Family Abuse disco dance with about 60 people and they raised about $2, 500 for their cause . The city had a scrub and grub which she and the mayor attended; she was serving the fruit salad. The week finished with Central Arizona holding their first annual Educational Angel Dinner to raise scholarships funds for the kids here in the city. It was attended by Councilmembers Serdy, Coleman and she along the George Hoffman There were a lot of opportunities for citizen communication. More stuff is coming up next month, including the Relay for Life, the Parks and Recreation Easter Egg Hunt and REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 5 OF 16 the stuff for Community Alliance Against Family Abuse next week. It is a busy community with lots of things to do. Councilmember Smithson thanked George and Bryant for the time they spent with him, and the various department heads. They have been doing an outstanding job introducing him to the various city departments . He has been through most of them by now, but there are still a few more scheduled. He has been very impressed with the information he has been getting, the �•. professionalism of the department heads and he is looking forward to serving. OLD BUSINESS None. NEW BUSINESS APPOINTMENTS TO FILL VACANCIES ON THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 BOARD OF DIRECTORS Councilmember Barker commented it seems to her, as she looked at all the very well- qualified people who applied for this, that they have several people that are already on boards and commissions. One of their goals is to spread this around as much as they can to have as many people on commissions as possible rather than so few people serving on so many commissions . She would really like to see them look at the well-qualified applicants that are not presently serving on a board or commission. Vice Mayor Dietz commented they have quite a few well-qualified applicants . He is impressed with some of resumes that they do have. It will be a tough decision. Councilmember Smithson agreed that they have some very well-qualified people. He MOVED THAT THEY APPOINT ANTHONY BOWLER AS A MEMBER OF THE BOARD OF THE SUPERSTITION MOUNTAINS COMMUNITIES FACILITIES DISTRICT NO. 1 TO EXPIRE ON JULY 7, 2016. REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 6 OF 16 Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Wilson MOVED TO NOMINATE STEVEN MCDANIEL. HE LOOKED AT HIS QUALIFICATIONS AND HE THINKS HE WOULD FIT THIS POSITION VERY WELL. I MOVE THAT HE BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 BOARD OF DIRECTORS FOR A TERM TO EXPIRE ON JULY 7, 2016. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. COUNCIL DIRECTION TO STAFF POSSIBLE CHANGES TO ORDINANCE NO. 1361, ACCESSORY BUILDINGS AND STORAGE SHEDS City Attorney Joel Stern briefed the council on the item. Building Official Dennis Dixon stated he contacted Mesa as they had requested. They are / . set up differently than most building departments . Their enterprise funds, the funds they get from their building process, go back into Building instead of the General Fund. They have more complex accounting procedures and spend more time doing so. They have exempted a whole lot of things that others do not exempt . Their building official' s opinion is that they did not want to waste their resources trying to enforce something. They will lose money because so many people do it without a permit . Essentially, they exempted it out because they were losing money. He got information from 16 different cities On the commercial side, everyone is either at 120 or they allow no exemptions at all. On the residential side, they REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 7 OF 16 only apply to single family dwellings and duplexes . He asked them how much square feet they are using and why. The overwhelming response to why is they are using whatever code they have adopted. Mesa and Pinal County specifically left it at 200; Mesa has already been explained and Pinal County believes in the minimalist approach. Queen Creek is at 120 and has made it to where you cannot have an aggregate total of anything greater than 120 . Everybody else is in between. Of the 16 who responded, 11 are at 120, 7 at 200, and 3 at 144 . .� That is essentially what he found. There is no theory behind it . Their codes have gone back and forth and some stuck with what it was in 2000 . Councilmember Barker commented they were at 120 in 2000 and went up and back down again. They have had to change it as the international code has changed. Building Official Dennis Dixon stated that is what most of them have done. Councilmember Serdy commented he had said that some people were ignoring it because of the cost involved This would be his department that would be handling this . He asked how he would feel about taking this on. Building Official Dennis Dixon stated Mesa looked at it that way but they have a whole different way of accounting. We do not look at it the same way they do. They had to get rid of a bunch of tasks that they felt they were losing money on. They look at it from a risk/reward position. We do not have the same kind of accounting or same type of flow that they do. He is neutral . Councilmember Serdy commented he feels that since this city has more rural areas than Mesa that we may have citizens that have need of this more so than folks from Mesa. Councilmember Wilson commented he and Councilmember Barker had a sidebar discussion yesterday after the meeting was over. He had mentioned before that one of the things the city had looked at before was having REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 8 OF 16 a floor on a shed and how it is attached to the ground. He asked how he would interpret a greenhouse. It would not have a floor and would be 200 square feet . Building Official Dennis Dixon stated it would still have to be attached to the ground. When they were talking about floors, this particular structure has a floor. Councilmember Wilson asked if all of them have to have a floor. Building Official Dennis Dixon stated they do if they meet the definition of a structure and they are a building. They have to be attached to the earth. Vice Mayor Dietz commented when they purchase them, they do come with floors . It is a package, the shed comes with floors. He has sold them in the past . Councilmember Wilson commented he does not believe greenhouses have floors. Councilmember Barker agreed. Councilmember Wilson commented he was wondering how that would work. Councilmember Barker stated it would not under our code. Building Official Dennis Dixon stated some structures do not have floors but they are attached to the earth. That is the key to it. It is how the forces are transmitted through the roof through the walls and into the ground. The building they were talking about had a floor. It is transferred through the floor into the earth or foundation. That is the difference. Councilmember Coleman commented that is kind of what he was guessing as to why some of the other jurisdictions might have done that . He is not REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 9 OF 16 inclined to look at changing it . He thinks that is too large a structure to not have any kind of inspection, have the plans reviewed to see that they meet the setbacks to protect their neighbors, and that it is structurally sound. He thinks it is a step in the wrong direction. Building Official Dennis Dixon stated he did not cover this aspect . He asked a specific question of a few of the jurisdictions, but they did give him some of their zoning information. For instance, the 200 does not apply in RV parks or manufactured home parks . Some gave him separations from buildings . The information he is giving them is simplified as opposed to the zoning picture. Mayor Insalaco commented he asked the city attorney last night if the city would have any liability with that size of shed. The city attorney believed there was none. However, he wonders if the city would be liable if a building of that size was put up without a permit and somebody got hurt . City Attorney Joel Stern stated anybody can sue for anything at anytime, but it does not mean they will win. Say they change it to 200 and something happens. The person may park a car in the new structure and the structure falls down and hurts someone badly, so they sue the city for changing the rule without any kind of inspection. It would be a negligence theory. It would probably be a strict liability theory against the manufacturer. They would have to prove that the city council was negligent in changing the rule. To do so, they would have to put on expert witnesses . He does not think they would win because there is legislative immunity. Vice Mayor Dietz commented that would be the same for the 120 square foot building. Mayor Insalaco stated it would, but the 120 is already in the code. City Attorney Joel Stern commented he is not referring to what happened in the recent legislation issue when he is talking about legislative immunity. It is when they pass something, the city has immunity under the REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 10 OF 16 rules as it is a legislative act. Mr. Dixon has basically said the building division is neutral on the issue; it is really a legislative decision on the square footage. There could possibly be liability but they would have to prove that the council did not look into the merits of the structural integrity issues of the things that could be built . He does not think there would be any liability, depending on the circumstances . We are not going to go out and inspect to see if it was put up wanik right, which would be a permit issue. Other cities have allowed up to 200 square feet . The 12' by 12' , the 144 is an easy number. He believes Payson does that . He does not know how they come up with some of these numbers . The original from 1997 he handed out . This is what is currently adopted, although this has changed. We have not adopted the more recent one. This one talks about 120 square feet . It is difficult to say why that number is there. When this uniform code was adopted there were opinions from different building officials across the country who were associated with the ICBL that puts this document together. Councilmember Smithson asked if height restrictions come into play here. Building Official Dennis Dixon stated the way ours is currently written, and the way a lot of them are written, it says single story. Some places limit them to 7 feet, which we would probably do. Our accessory ordinance currently states if it is greater than 7 feet it needs to meet setbacks . However, it is complicated to get them in here for that if it does not require permits . There are all kinds of variables to this. Councilmember Smithson commented when you think of it as being a single car garage that requires no engineering, no inspection, that could be built out of virtually anything, it worries him. It could be a pretty good-sized playroom. It could be larger than any room someone has, such as a 10' by 20' , as we are growing up. It could be built in the backyard, ignoring homeowners' association, of course. It concerns him. He does not think he could be in favor of the change. REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 11 OF 16 Councilmember Barker asked if setbacks come into play if the structure does not require a permit . Building Official Dennis Dixon stated they do if it is greater than 7 feet in height. Councilmember Barker asked if it would require setbacks if it is 120 square feet and up 7' in .•. height, or if they upped it to 200 square feet but it was single story Building Official Dennis Dixon stated he believed they are currently requiring setbacks . Councilmember Barker asked how he determines that if it does not require a permit of any kind. Building Official Dennis Dixon stated not very well . Councilmember Barker commented in other words, people are putting up structures that are not necessarily meeting current codes . Building Official Dennis Dixon stated that is correct . Councilmember Barker commented there is nothing we can do about it unless we get a complaint, go out and investigate it and go through the process . Vice Mayor Dietz asked if he said there were currently 7 other cities besides Mesa and Pinal County that are at 200 square feet. Building Official Dennis Dixon stated there were 5 more for a total of 7 . Councilmember Barker stated out of the 16 he talked to, there were 7 that had 200 square feet, 11 that have 120 and three that have the gross . REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 12 OF 16 Assistant City Manager Bryant Powell asked if he had that list. Building Official Dennis Dixon stated he did. Buckeye is 120, Scottsdale is 200, Mesa is 200, Queen Creek is 120, Payson is 144, Chino Valley is 120, Yuma is 200, Tempe is 200, Maricopa County is 200, Gilbert is 120, El Mirage is 120, Avondale is 120, Pinal County is 200, Goodyear is 120, Tucson is 120 and Cave Creek is 120 . /\ Mayor Insalaco commented he has some real communities that are still at 120 . Councilmember Barker commented a lot of the more populated communities are at 200. That does not make any sense. Councilmember Coleman commented it does if you consider that they have had to cut costs so much, that is what it is about . It is not to make the communities safer. That is not why they went to 200 . It is strictly to cut costs . Councilmember Barker commented if it is for economics, then she understands . Councilmember Serdy commented if our citizens need 200 feet, they will get two 10' by 10' s . There would be no rules against three 10' by 10' s as long as they have a big enough property. Building Official Dennis Dixon stated they can do that under the current zoning ordinance. Councilmember Coleman asked if they have a limit as to what percentage of the property can be covered by auxiliary buildings . Building Official Dennis Dixon stated we do. REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 13 OF 16 Councilmember Coleman stated that would limit some of that . Councilmember Serdy asked if they would check that by aerial photographs . Councilmember Barker stated or by complaints. Building Official Dennis Dixon stated if it does not require a permit it makes it a lot more difficult to check. It is easier to check if someone is building a substantial accessory structure They get some that are thousands of square feet . Mayor Insalaco closed the discussion with no further comments and called for a motion. There was general discussion on whether a motion was needed. Councilmember Wilson MOVED THAT WE GIVE DIRECTION TO STAFF TO COME UP WITH AN ORDINANCE THAT WILL ALLOW UP TO 200 SQUARE FOOT. Councilmember Serdy SECONDED THE MOTION. VOTE: 3-4 (Councilmembers Barker, Coleman and Smithson and Mayor Insalaco voted in opposition. ) The motion failed. ^ Mayor Insalaco commented it will stay the way it is. City Attorney Joel Stern stated it is dead. There is nothing else on the table so we continue as we go. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 14 OF 16 Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M BE HELD ON MONDAY, APRIL 18, 2011, 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, APRIL 19, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. 4. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council to congratulate Mr. Smithson on his victory in the election, and commented on his reason for doing the recall, the misunderstanding in the city clerk' s office when he was filing the medical marijuana petitions, and the inability of the city to be flexible on storage. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 10 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. Aar 2 . Approval of Minutes of Regular Meeting of March 15, 2011 . 3 . Appointments to fill vacancies in the Superstition Mountains Community Facilities District No. 1 Board of Directors . 4 . Consideration of Resolution No. 11-11, 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. REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 15 OF 16 ACCEPTED THIS 19TH DAY OF APRIL, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF APRIL, 2011 . JOHN S . INSALACO .� Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of April, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this llth day of April, 2011 . ://' `Zr.7; //' KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 16 OF 16 ROLL CALL VOTE NOTES: A J1 ,,,e- , ,/, ITEM # / 1 MEETING OF 14(( CI k V MOTION BY: Y___it.OLI SECONDED BY e 1e- -) YES NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER I VICE MAYOR DIETZ V COUNCILMEMBER COLEMAN V/ COUNCILMEMBER SERDY V COUNCILMEMBER WILSON ki MAYOR INSALACO UNANIMC�JS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. * ACHE�G IOWy% City of Apache junction Home of the Superstition Mountains '°Rao$* 25 Print TO: City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: April 19,2011 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF GRADUATION TO 16 GRADUATES OF THE THIRTEENTH CITIZEN LEADERSHIP INSTITUTE. ACTION REQUESTED: Information Only(No discussion) DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D List of 2011 Graduates iriAcHE ✓G�'C� IN IA e 4RizONP' 2010/2011 Citizen Leadership Institute Graduates Liza Kovach Kevin Voight Johnetta Pell Robert West Beverley Nanney Bruce Klingaman Cynthia Schiller Drew Rappleye Mary Lou Hudnell John Draper _ Betty Draper Dixie Johnson Sue Vincent Anna Gilreath Michelle Johnson Rachel Duran ( \Z o A Ciache Junction Home of the Super_c/ition Mountains 4at20N* a Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: April 19, 2011 .r Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1374, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-14, PROPERTY DISPOSITION 2. Will PUBLIC SAFETY DIRECTOR JERALD MONAHAN speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Pp AC HE'ef"Yi ✓ ,rtr�l f4,*4. City of A ache Junction Home of the .S upet;+'tztion Al oiintains a Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: April 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: CONSIDERATION OF 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: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Ordinance No. 1374 incorporates desired policy changes to the weapon disposal policy originally set forth in Ordinance No. 1285, including. 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: Approval. ATTACHMENTS: Click to download D Ordinance No.1374 ORDINANCE NO. 1374 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 1374 PAGE 1 OF 4 Aft. Al Elk 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 . § 13-3101 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 1374 PAGE 2 OF 4 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 1968 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. 1374 PAGE 3 OF 4 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 , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S. INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney ORDINANCE NO. 1374 PAGE 4 OF 4 S ORDINANCE NO 1374 II AN RDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF "\ OD CHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY I E, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-14, (/ PROPERTY DISPOSITION; REPEALING ANY CONFLICTING `v� 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. 1374 PAGE 1 OF 5 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. GENERAL APPLICATIONS All seized or appropriated weapons in the possession of the Apache Junction Police Department shall be generally handled as follows a) Destroyed or disposed of in a manner the Chief of Police believes is commercially viable and appropriate under the following circumstances . 1) 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 1968 In such cases, the Chief of Police shall : 1) if they ORDINANCE NO. 1374 PAGE 2 OF 5 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. b) Shall be 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. B.0 WEAPONS ALTERNATIVE DISPOSITIONS All seized or appropriated weapons that arc in the possession of the Apache Junction Police Department shall bcWeapons that are not destroyed pursuant to Section B above may be disposed by one of the following methods: a) Returned to the lawful owner, if he or she is not a prohibited possessor as defined under A.R. S. § 13-3101 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 Administrative procedures for the auction of firearms shall be followed in accordance with Arizona law a) Destroyed or disposed of in a manner the Chief of Police believes is commercially viable and appropriate under the following circumstances - ORDINANCE NO. 1374 PAGE 3 OF 5 emS i) Firearms that have been illegally modified or arc specifically illegal to possess under Arizona or federal law ii) Firearms that were used in thc commission of a crime, or that were used in the commission of a suicide, following thc conclusion of thc 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 1968 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 FUND ALLOCATION 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 1374 PAGE 4 OF 5 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 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1374 PAGE 5 OF 5 Aft ROLL CALL VOTE NOTES k. .il , u\ .1) 1\1 ?) , \ \ - ,ki, U., . ilii(A\ It ITEM # 6 , ' ' ^N MEETING OF MOTION BY: SECONDED BY: YES I NO ABSTAINED COUNCILMEMBER COLEMAN V COUNCILMEMBER SMITHSON J COUNCILMEMBER SERDY V COUNCILMEMBER BARKER ,11./ COUNCILMEMBER WILSON VICE MAYOR DIETZ J MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ti'. /nk ROLL PALL VOTE NOTES:7„ ,,,,, , , ,,y ,, 14 Aft. V\ r \''' ITEM # ti k ( a II 1 MEETING OF 61 MOTION BY: SECONDED BY: k V YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ i COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN V COUNCILMEMBER BARKER s\../ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED 1 TOTAL /Mi Ink ITEM NO. 5 I MOVE THAT ORDINANCE NO 1346 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1346 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO 1346,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1346,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS _____ GO o f Apac e juncrzon Home of the Sipe;:ctittort Alozintamc 4 PilOtOk g Print TO: City Manager's Office FROM• Jerald Monahan, Police Chief DATE. April 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM COUNCIL DIRECTION TO STAFF ON CITY TOW POLICY/POTENTIAL REQUEST FOR PROPOSAL (RFP) FOR TOW SERVICES. ACTION REQUESTED: Direction to Staff 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 Staff respectfully requests council's direction regarding 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 CITY OF APACHE JUNCTION TOWING SERVICE POLICIES ADOPTED BY ORDINANCE NO. 885 FEBRUARY 15, 1994 TABLE OF CONTENTS Section 1 Definitions Section 2 Information Section 3 . . . . . Inspection Section 4 Compliance With Laws, Rules and Regulations Section 5 Identification Section 6 . . . . Equipment Section 7 Storage Facilities Section 8 Personnel Section 9 Vehicle Storage Section 10 Availability Section 11 Response Section 12 Reporting Section 13 . . . . . . . . . Licensing Section 14 Residency Section 15 Records Section 16 Site Cleanup Section 17 Cancellation of Tow Service Section 18 . . . . . . . . . . Order of Rotation Section 19 Police Department Tows Section 20 Choice of Tow Section 21 Response Without Tow Section 22 Officer Authority Section 23 Insurance Section 24 Indemnify and Hold Harmless Section 25 . . . . Criminal Record Section 26 Application Date Section 27 List Companies Section 28 Mandatory Meetings Section 29 . Amendments to these Policies 2 of 10 SECTION 1. DEFINITIONS 1 "Accident recovery work" means the towing or removal of a vehicle involved in an accident upon any highway or roadway and is damaged to the extent that an investigation by a law enforcement agency is required. 2. "Administrative Code" means the Administrative Code of the State of Arizona Department of Public Safety Tow Trucks and as may hereafter be amended. 3. "Chief of Police" means the Chief of Police/Director of Public Safety for the City of Apache Junction 4 "City" means the City of Apache Junction 5. "Police Department" means the Apache Junction Police Department 6. "Reputation" means the professional performance work history and background of the tow service company owner, manager, and/or driver. 7. "Storage facility" means the storage facilities as referenced in these policies 8 "Tow truck" means a motor vehicle which is altered or designed for, and used in the business of towing vehicles by means of a flat bed or other specially designed truck that is equipped with a tow sling, tow bar, tow plate or wheel lift apparatus, attached to the rear of the truck, or a crane or hoist that is attached to the bed or frame of the tow truck. Wrecker, garage tow truck, and slide back or roll back car carriers are synonymous and shall be termed "Tow Truck " 9. "Towing service" means the transportation upon the public streets and highways of the City of Apache Junction and the State of Arizona of damaged, disabled, unattended or abandoned vehicles together with personal effects and/or cargo by tow trucks. Wrecker service, tow car service, and garage tow truck service are synonymous and shall be termed "Towing Service." 10. "Wrecker Rotation List" means the City of Apache Junction Wrecker Rotation List SECTION 2. INFORMATION The following rules, regulations and requirements shall govern the removal of wrecked vehicles from accident scenes, vehicles which constitute traffic hazards and vehicles that might be evidence of a crime or any other vehicle in accordance with any ordinance of the City. 3 of 10 It is understood that the person(s) involved in the accident(s) have the options of (1) utilizing the wrecker rotation list, (2) using the services of any other towing operator, or (3) using any other form of tow service, unless the Police Department believes that a hazardous situation or condition exists or may develop. All towing companies wishing to remain on the present wrecker rotation list shall complete the City of Apache Junction Police Department form entitled "Wrecker Rotation List Application." Any violation of any of the following rules, regulations or requirements shall be grounds for removal from the wrecker rotation list Removal shall be at the discretion of the Chief of Police. SECTION 3. INSPECTION The Police Department shall have the right to inspect and investigate the performance, reputation, facilities and equipment of any company wishing to apply for or remain on the wrecker rotation list. If it is determined that the facilities, reputation or equipment does not meet acceptable standards, then the Police Department shall have the right to deny any application to be placed upon the rotation list or remove anyone which had previously been placed on said list. SECTION 4. COMPLIANCE WITH LAWS, RULES AND REGULATIONS All companies comprising the wrecker rotation list shall comply with all of the requirements of the laws of the State of Arizona; and all of the rules and regulations regarding tow truck operations promulgated by the Arizona Department of Public Safety under the Administrative Code of the State of Arizona, Department of Public Safety Tow Trucks and as may hereafter be amended; and all ordinances and regulations of the City of Apache Junction SECTION 5. IDENTIFICATION All list companies shall have the company name painted in three-inch (3") minimum letters on the sides of all of their wreckers and shall display the Arizona Department of Public Safety inspection seal Further, all wrecker drivers shall carry business cards in order that the Police Department may give said cards to the owner or driver of the towed vehicle SECTION 6. EQUIPMENT All wreckers to be used by list companies shall be equipped with their proper implement of dollies, chains, slings, bumpers and other equipment necessary to prevent damage to towed vehicles. They must be equipped with brooms, shovels, sand and other necessary equipment to clean up accident scenes. All list wreckers shall have a two-way radio system with 24 hours dispatching. All list companies shall 4 of 10 have available the minimum of a medium duty wrecker and a lift or some type of rollback wrecker. All list companies shall keep, within the city limits, the equipment and wrecker required under these policies unless such equipment is undergoing repairs or has been called to a location outside the city All wreckers used by list companies shall be in compliance with the specifications as found in the Administrative Code. In the event a rotation list wrecker cannot complete a request due to inadequate equipment or driver lack of experience, the Police Department may contact any other available service to complete such request. SECTION 7. STORAGE FACILITIES Storage facilities shall be located within the city limits and meet all City zoning requirements Proof of compliance with City zoning requirements shall be accomplished by the company providing the Police Department with a written statement from the City Planning and Zoning Department indicating that their storage facilities do so comply. Such written statement shall be provided prior to any company being placed on the rotation list. Storage locations shall be on record with the Police Department. Vehicles shall not be stored at any location other than the tow company's place of business or a lot owned or leased for use by the company. The tow company shall provide a fenced storage area with a secure fence at least six feet (6') in height Storage area shall be lit with at least one-half watt of electrical light for each square foot of storage area. The fenced storage area shall be locked when unattended. The list company shall be responsible for the safekeeping of vehicles towed and for items left in stored vehicles. SECTION 8. PERSONNEL All list companies shall have available sufficient qualified personnel for the operation of their wreckers and each driver shall have a current chauffeur's license issued by the State of Arizona. All drivers shall operate the wreckers in a safe and prudent manner and shall refrain from using profane and vulgar language in a public area while performing work as a list company Further, drivers, owners or operators of list companies shall not solicit or suggest a repair facility to the owner or driver of a damaged vehicle. Additionally, each driver shall wear a safety vest at anytime they are in a roadway, including when hooking up vehicles to be towed and when cleaning debris from the scene. All personnel shall meet the qualifications as set forth in the Administrative Code All owners shall have a minimum of three (3) years experience in the operation of a towing service and all drivers shall have a minimum of three (3) years towing experience. References shall be given to the Police Department and information must be confirmed. A complete background check of all owners, managers, and employees shall be conducted by the Police Department. 5 of 10 A Tow Company Review Committee consisting of such persons or staff as may be designated by the Chief of Police pursuant to a general order and in a form that will create the least liability for the City, will review all information submitted and formulate a recommendation to the Chief of Police. SECTION 9. VEHICLES STORAGE Vehicles shall be taken directly to the tow company's storage facility unless the wrecker driver is advised differently by the Police Department or the owner or driver of the vehicles. Vehicles shall not be removed from the initial storage yard for a period of ten (10) calendar days unless it is requested by the owner or authorized agent to be moved to another designated location. If after a period of ten (10) calendar days, instructions have not been received from an owner or authorized agent, the company may remove the vehicles to an alternate storage lot that also meets the aforementioned security requirements. Such alternate storage lot, if any, shall be located within the city limits. If an alternate lot is utilized, this removal shall be at no charge SECTION 10. AVAILABILITY All list companies shall have a person on the premises of their vehicle storage facility during normal business hours for the purpose of vehicle release or appraisal. "Normal business hours" are defined as 8 a m. to 5 p.m. except Saturdays, Sundays and the following holidays. New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday afterward and Christmas Day. At all other times, the company shall have a telephone number prominently posted on the storage location for after hour release of vehicles. List companies are required to provide towing services 24 hours a day and every calendar day of the year. List companies shall not designate or send another tow company to substitute for them on their turn List companies shall be prepared to respond or shall ask to be passed and be able to give a legitimate reason in writing as to why they were unable to respond to the call SECTION 11. RESPONSE Upon receiving a request for towing service, the list company shall be responsible for dispatching their own truck. Response time from the time of receiving the request from the Police Department shall not be more than fifteen minutes (15') for arrival at the site designated by said request This response time does not give or imply any permission for any driver of a list company wrecker to violate any law or ordinance In the event that a list wrecker is notified by a Police Department dispatcher to respond for tow service, and for some reason cannot do so, it shall be the responsibility of the tow company to notify the Police Department dispatcher withih ten minutes (10') of their intention to "pass." 6 of 10 If a list company passes on more than one rotation call per year, the Police Department may request, in writing, the reason for the passes to determine if they were made with just cause. If it is found that the passes were made for unacceptable reasons, the Police Department may take action against the list company in violation in the form of removal from the Police Department's rotation list for up to ninety (90) consecutive days If a list company is going to be unavailable to respond to a rotation call, that list company shall notify the Police Department of the dates and times it will be unavailable, as soon as possible That list company shall also notify the Police Department upon its return to service SECTION 12. REPORTING A list wrecker member shall not release any vehicle impounded by the Police Department without authorization from the Police Department In all cases of vehicle releases, the list company is solely responsible for determining that the vehicle is released to the owner or authorized agent. SECTION 13. LICENSING List companies shall maintain current state and city licenses for the operation of its business within the City State licenses shall be those as required by the Administrative Code. City licenses shall be those as required by the City Code All list companies shall have been a licensed city business for a minimum of six months prior to being placed on the list. SECTION 14. RESIDENCY The owners and/or manager of any company on the wrecker rotation list shall be a city resident. SECTION 15. RECORDS Each list company shall maintain a record for each vehicle towed pursuant to the rotation list which shall show the following. a Location of where the vehicle was picked up b. Location of where the vehicle was taken c The date and time of the pick up d. The date and time of release e Make, model and year of the vehicle f License plate number and state of issue g. Vehicle identification number 7 of 10 h. Name of individual that vehicle was released to SECTION 16. SITE CLEANUP The list company shall be responsible for the cleanup of the debris at the scene of accidents investigated by the Police Department and to which they have responded. SECTION 17. CANCELLATION OF TOW SERVICE After a list company has received a request for towing service, such a request may be cancelled at any time by the Police Department or the owner or the authorized agent of the owner of the vehicle requested to be towed, unless the Police Department believes that a hazardous situation or condition exists or may develop by the cancellation. If such request for cancellation is made prior to any portion of the wrecker's equipment being physically attached to the vehicle to be towed, then the list company shall not charge anyone for service If this request is made subsequent to any portion of the wrecker being physically attached to the vehicle to be towed, then the list company shall be allowed to charge for service even if for any reason said vehicle is not actually towed. SECTION 18. ORDER OF ROTATION When the Police Department or an owner or driver of a vehicle needs a wrecker and no preference is expressed by the owner or driver of a vehicle, the wrecker to be called will be the one at the top of the rotation list If a driver or owner requests a specific tow company to tow their vehicle, that tow company will be contacted, unless the officer believes that by honoring the request, the vehicle to be towed may contribute to a hazardous situation, or if the vehicle is to be held or impounded by the Police Department. In any event, the requested tow company shall comply with the response time set forth for rotation companies. A specific request call will not be classed as a rotation list turn. The cost for the specific request tow shall be billed directly to the driver or owner of the towed vehicle and shall not be a charge against the City. SECTION 19. POLICE DEPARTMENT TOWS In cases where a vehicle has been impounded by the Police Department and towed to the Police Department or City storage lot, a list wrecker shall be used When a vehicle is subsequently released by the Police Department and needs to be towed to a storage facility, the original wrecker company will be utilized. This second tow will not be classed as a rotation list turn. 8 of 10 SECTION 20. CHOICE OF TOW If more than one vehicle is to be towed from the scene of the accident by list companies, the tow company on the top of the rotation list will be given the choice of tow. If a hazardous situation exists, the first tow company to arrive at the scene shall, at the Police Department's direction, remove any vehicle(s) constituting or contributing to the hazard When the hazard has been eliminated, the tow company on the top of the rotation list will still retain first choice. Refusal of the tow will result in automatic elimination from the tow list. SECTION 21. RESPONSE WITHOUT TOW All list companies may be returned to the top of the rotation list, at their request, if they respond for service and do not get to tow through no fault of their own. This request may be made to the Police Department communications supervisor via telephone. SECTION 22. OFFICER AUTHORITY Investigating officers in the field or their sergeants shall make all decisions in relation to towing of vehicles in accordance with the rotation list system Arguments or heated discussions in the field will not be tolerated. If a list company wishes to protest any field decision, they may contact the Police Department Patrol Commander at police headquarters between the hours of 8 a.m. and 5 p.m , Mondays through Fridays at 982-8260. SECTION 23. INSURANCE List companies shall procure and maintain while on the rotation list such public liability and property damage insurance, both general and automotive liability, as shall protect it and the City from all claims for bodily injury, including accidental death, as well as for property damage arising from operations pursuant to the rotation list whether such operations be by the list company or by anyone directly or indirectly employed by the list company The minimum coverage for bodily injury shall be not less than 51,000,000 and not less than $25,000 for property damage The list companies shall also procure and maintain in full force and effect during the term that he is on the rotation list, fire, theft and vandalism coverage All of such policies shall name the City as an additional insured and all of such policies shall require the insurance company involved to notify the Police Department at least thirty (30) days prior to the expiration or any cancellation of the required policies, and the list company must furnish the City with the certificate of insurance with respect to all such policies naming the City as an additional insured 9 of 10 SECTION 24. INDEMNIFY AND HOLD HARMLESS List companies shall indemnify the City and hold it harmless against (1) any and all losses and liability for personal injury, death or property damage arising out of, or as a consequence of, any work performed under the rotation list; (2) any and all expenses related to claims or lawsuits resulting from the above, including court costs and attorney fees, and (3) any and all penalties and damages incurred by reason of the list company's failure to obtain any permit or license under, or comply with any applicable law, ordinance or regulation. SECTION 25. CRIMINAL RECORD Owners or operators of list companies or employees of list companies shall not have been convicted of any felony offense within the five-year period immediately prior to the date of being accepted as a list company by the Police Department. SECTION 26. APPLICATION DATE All list companies shall immediately give written notice to the Police Department at such time as any information contained in their Wrecker Rotation List Application changes. SECTION 27. LIST COMPANIES The Police Department shall maintain a wrecker rotation list which shall include the names of all tow service companies which meet all criteria established by these policies SECTION 28. MANDATORY MEETINGS List companies shall be required to attend alternate quarterly meetings, comprised of list tow company operators, and authorized representatives of the Police Department The schedule for such meetings shall be determined on an annual basis by the Police Department If any tow company operator misses two (2) consecutive meetings, that tow company will be removed from the list, if the absences are without just cause. The purpose of this meeting is to provide an opportunity for both the Police Department and the tow operators to discuss any problems, and to make suggestions for corrections or improvements to specific problems which pertain to the total operation of the rotation system SECTION 29. AMENDMENTS TO THESE POLICIES Any amendments to these policies shall be made by the Apache Junction City Council through a public hearing process as required by State law and City ordinance 10 of 10 ..... /'\ , , di ,c lj , ), , i . ' ( _ , ,./j, ,,,..Av, F4.1. rE t) . , ,,, 1,),: , :,\. y ,-% NOT 't J �T \V( 0 i jv / 0 , _) \\ , vr, vi. ii),‘ 0A ' 1/4)\k.) t./ ‘).)(\ , !k ,,,, ,,,,,,e q ,e, c„, � ' ,� alo !1I1 ITEM # MEETING OF 9 MOTION BY: V� SECONDED BY: ..,k . .) YES NO ABSTAINED COUNCILMEMBER BARKER V COUNCILMEMBER COLEMAN J COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON V VICE MAYOR DIETZ COUNCILMEMBER SERDY J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY TOW POLICY/POTENTIAL REQUEST FOR PROPOSAL (RFP) FOR TOW SERVICES• p,P AC He .. r z City of pache Junction Home of /he .S upei:c/ition Mountains 25 Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: April 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF ON THE SELECTION OF A "BRAND" FOR DOWNTOWN APACHE JUNCTION ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No. 10-34 recommended specific goals and strategies geared toward fostering revitalization in the downtown The strategy calls for adopting a consistent brand for downtown to be used in promotion, recruitment and physical elements throughout the downtown core Staff is seeking direction on moving forward with the draft concept logo and tagline. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NO1 ►A 1(\, ITEM # MEETING OF n ; MOTION BY SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ V COUNCILMEMBER WILSON '✓ COUNCILMEMBER BARKER f COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \�/i ITEM NO. 7 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SELECTION OF A "BRAND" FOR DOWNTOWN APACHE JUNCTION. ROLL CALL VOTE 1 NOTES: L9 6V1 V1Hti ITEM # t n MFTTING OF ()k, MOTION BY: SECONDED B V V YES NO ABSTAINED COUNCILMEMBER WILSON v` COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN V VICE MAYOR DIETZ COUNCILMEMBER BARKER V COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ,� }I.,4. F - • :1111P 1.. 1. 4 i • a I , ITEM NO. 8 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 ® P.M. BE HELD ON MONDAY, MAY 2, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, MAY 3, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M .r. ROLL CALL WS: Iu 1 REG 0 I ( SPEC: CITY COUNCIL. P / A P / A P / A MAYOR INSALACO ✓ ! VICE MAYOR DIETZ 1/ / COUNCILMEMBER BARKER / COUNCILMEMBER COLEMAN V COUNCILMEMBER SERDY I / COUNCILMEMBER SMITHSON ki COUNCILMEMBER WILSON G ✓ TOTAL 11 I e, f, CITY STAFF ' '' ; l City Manager George Hoffman w v Assistant City Manager Bryant / Powell V 1/ City Clerk Kathleen Connelly u' City Attorney Joel Stern ,e' ✓ Public Safety Director Jerald 1 Monahan I/ V City Engineer Giao Pham v' Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs. Director Brad Steinke V Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowiczljj Assistant to the City Manager fr, c.,,,I., , ke. Matt Busby OTHERS: k ./, 0--' 1 t , 0 1 Date: ���� -2��1/ City of Apache Junction (tern No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk ) prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ of the proposed Item. ❑ I am opposed to the proposed Item. in favor pp lamp p p p M7M I.cOR_ / MOV Name (Print) /6.- 7 EEA I?EE a i f,l13E 852-aI Address City Zip Code (* 2o3 - Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/1 8/09 Date: J-// City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? YesE NoE Only If Necessary c ❑ I am in favor of the proposed Item. vn I am opposed to the proposed Item. Name (Print) / / 55111 Address City Zip Code /46 3 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09