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HomeMy WebLinkAbout2014-05-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 6, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 6, 2014, 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 7:04 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Development Services Director Brad Steinke Assistant to the City Manager Matt REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 1 OF 26 Busby Others Present:City Magistrate Jim Hazel ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE DONS OF ARIZONA TO PROVIDE WAYFINDING SIGNAGE TO THE HISTORIC LOST DUTCHMAN MONUMENT IN THE AMOUNT OF $1,300 FROM THE DONS OF ARIZONA WITH THE CITY PROVIDING FOUR SIGNS AND MAINTENANCE; AND THAT AUTHORIZATION BE GIVEN FOR TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced two Saturdays ago she was invited to the renaming ceremony of VFW Post #7968.It has been renamed to the George P. Diehl Post.There was a great turnout and celebration of his accomplishments, including stories by members, friends and family. Councilmember Wilson announced B & B Feed Store has closed its doors.It opened in 1978 and supported the horse community of the East Valley, raising relief aid during fires and assisted the city in horse rescues.He will miss the facility and wishes their family the best as they move on to other opportunities. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 2 OF 26 Vice Mayor Barker thanked the parks and recreation department for the Easter Egg Hunt a couple of Saturdays ago.She was the Easter Bunny and had great fun.They did a wonderful job. Councilmember Waldron thanked VFW #9399 for agreeing to purchase a new set of flags for the Focal Point. Councilmember Evans commented the Cinco de Mayo Festival at the community garden was extremely well attended.There were over 50 vendors, live music and it was the biggest event held there. Ace Hardware will provide lighting for the garden at night. Bonnie Plants will replace everything that was stolen earlier and will provide new plants each growing season for the garden beds.Scott Soils will add another 25 beds and provide all the soils for those.Out of something tragic it has turned into something big. Councilmember Serdy commented he is happy they are doing the signs with the Dons and sprucing up the monument more.It is a treasure in the middle of town. Councilmember Serdy commented one of the trash companies changed their policy in the last couple of weeks.He was not happy with his service and they worked out something different.He encouraged others to call them and let their management work on it. Mayor Insalaco commented he was a speaker a couple of weeks ago at the 20th Anniversary of Phoenix -Mesa Gateway. Mayor Insalaco commented he was also an instructor at the high school senior interviews along with Assistant City Manager Bryant Powell and four or five other staff members.It was a pleasure to see how well the students acted and were dressed. Comments they made were above what you would normally hear from 17 -year -olds and 18 -year -olds. Mayor Insalaco commented on Saturday morning they had a Paws and Claws program at Harley-Davidson.He is glad he already had two dogs or he would have had two more. Mayor Insalaco announced they had a salsa contest at Mountain Health and Wellness Saturday.Supervisor Pete Rios, Mr. Smith REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 3 OF 26 from Bonnie's, two other people and he were the judges.His throat burned afterwards but it was a fun time for all.It was very well attended. CITY MANAGER'S REPORT City Manager George Hoffman commented on planning ahead for the position of city manager and a smooth transition, including Bryant Powell taking on city manager's duties.He commented on the interim department head positions for public works, the police department and the library that eventually led to taking the interim title off.In his time remaining, he will be focusing on State Land and Lost Dutchman Heights, strategic finance issues to include a possible permanent base adjustment, an investment and debt management policy and the Public Safety Personnel Retirement System.He will also address the long term issues of infrastructure and economic development. PUBLIC HEARINGS ORDINANCE NO. 1400, AMENDING CITY CODE CHAPTER 5, MUNICIPAL COURT )City Clerk Kathleen Connelly briefed the council on the item. City Magistrate Jim Hazel stated the city clerk did a good job summarizing it and he was there to answer any questions they may have. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for any further discussion.There being no further discussion, he closed the item and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1400 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 4 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1400, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 13-32, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY; RESOLUTION NO. 14-22, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-22, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY/ RESOLUTION NO. 14-24, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHEMENT CASE EX -14-24, REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 5 OF 26 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY )City Engineer Emile Schmid briefed the council on the three items. Mayor Insalaco opened the public hearing on Resolution No. 13-32.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 13-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 14-22.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-22, ARE NO LONGER NECESSARY FOR PUBLIC REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 6 OF 26 USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 14-24.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 14-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-24, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 14-28, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE/ ORDINANCE NO. 1402, A CITY- INITIATED COMPREHENSIVE AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE, THAT REPEALS CHAPTER 1,ZONING REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 7 OF 26 ORDINANCE,AND ADOPTING BY REFERENCE A NEW CHAPTER 1 ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1, ZONING ORDINANCE )Development Services Director Brad Steinke briefed the council on the item. He asked the city clerk if the resolution should be done on its own. City Clerk Kathleen Connelly stated she would like the city attorney to respond to that.She asked if they should wait until the public hearing on the ordinance itself and then vote on the resolution followed by the ordinance. City Attorney Joel Stern stated that would be the correct order. Vice Mayor Barker asked if they are going to Item No. 10 first. City Clerk Kathleen Connelly stated they are going to Item No. 10 and open the public hearing. Vice Mayor Barker commented they would then go back for the resolution on Item No. 9. Development Services Director Brad Steinke continued with his briefing on the item. Mayor Insalaco opened the public hearing on the items. Mr. Charles Keith, 10220 E. Apache Trail, Apache Junction, addressed the council.He stated his family owns six mobile home communities in Apache Junction and they are for the park model alternatives.Other cities are allowing them and they are losing business to Mesa.They would like to keep their business in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 8 OF 26 Mayor Insalaco asked him if he approved of this item. Mr. Charles Keith stated they do.They are appreciative of Brad and the support staff has given them.They are urging the council to allow them to put these park model alternatives in the communities.It would help the businesses.They are constructed under Housing and Urban Development standards so they are better constructed than a lot of others in the area.He had pictures if they would like to see what they look like. Mayor Insalaco stated he did not believe that would be necessary. Mr. Charles Keith commented if anyone had any questions he would be happy to answer them. Vice Mayor Barker commented she was convinced. Mayor Insalaco commented they are convinced.He then closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Barker commented she likes the idea of deleting number ten on the conditions table. Councilmember Rizzi agreed. Vice Mayor Barker commented she would like to see the deletion of number ten as part of the motion.She asked how they are dealing with the chicken problem. Councilmember Wilson recommended they be contained so they can avoid conflicts between neighbors.Chickens are free roaming and they do roam. There is an old adage where the chicken crossed the road because it wanted to see what was on the other side.They want to see what is over there and what they can eat.Somebody's garden or REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 9 OF 26 flowers become open season for a chicken to try to peck at.He definitely recommended they put in the wording they be contained. Vice Mayor Barker asked what about numbers? Councilmember Wilson commented he has looked at several documents concerning the numbers on it.They are looking at it from the agriculture side.He asked the development services director what the average size is for a lot in the city.He was told it is 7,000 to 8,000 square feet.He was thinking they could have them in their backyards and maintain them in their backyards.Number one is they cannot have roosters; that will keep conflicts down. He looks at the numbers space -wise.He thinks two per 1,500 square feet to 2,000 square feet.If they have 6,000 square feet or 7,000 square feet they can have several.That would also include half acre locations as well.It goes down to the square footage of the property. Vice Mayor Barker asked if that synchronizes with what is on recommendation 8 where they are talking about the RS54 and 54M districts. Councilmember Rizzi commented it sounds like it is a little less. Vice Mayor Barker agreed. Mayor Insalaco commented it would be less. Councilmember Rizzi commented number 8 sounds less than what Councilmember Wilson is suggesting. Development Services Director Brad Steinke stated if they take the current requirement of 6 fowl per half acre or 20,000 square feet, it would be 3 fowl per 10,000 square feet and 1.5 fowl for 5,000 square feet.That is less dense than Councilmember Wilson's suggestion.He asked Councilmember Wilson what his suggestion was. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 10 OF 26 Councilmember Wilson commented he said 2 fowl per 2,000 square feet. Development Services Director Brad Steinke stated that is considerably less. Vice Mayor Barker agreed. She asked if they have to have them at all in the single family residential. Councilmember Evans asked if they could do it based on the size of the coop, or say they must be contained in a coop.The number would be up to them.If they are too crowded they are not going to have a lot of eggs anyway.A 10,000 square foot lot that has a 3,000 square foot coop on it could definitely take more chickens than if it had a 100 square foot coop.She asked if they really need to state the number of chickens versus that they must be maintained in a coop.She asked if that made sense. Vice Mayor Barker commented to Councilmember Wilson that he is the resident expert on chickens. Councilmember Rizzi commented when she suggests they have the chickens contained, anytime she has had chickens in a residential area they roamed free during the day and they put themselves away when the sun went down. They never got out of her yard and into a neighbor's yard.She asked if when she is suggesting they keep them contained they must keep them contained at all times on her property or they must be contained on her property in a coop. Councilmember Wilson commented they must be maintained on your property. Councilmember Rizzi commented they can roam as long as they are not off the property. Councilmember Wilson commented they can use a fence or clip their wings to keep them from flying, there are several things one can do.They can even have the top part of the fence leaning in towards their REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 RAGE 11 OF 26 property.That way the bird cannot get out and go over.He believes they need to be contained on your property.To allow the chickens to roam totally free on the small lots will cause some problems with neighbors, especially if someone has a garden.Chickens like green.They will go after green as well as all the bugs and they can do some damage if you have a garden.He does not mean they necessarily have to be contained in a coop because some people want to have the free roaming range eggs.He will not discuss those.The important portion of this is they are maintained on your property.Numbers wise, he did not necessarily want to go into a coop size where we come out with definitions of what is allowed or not.They do not need a coop inspector. Councilmember Evans commented she thought if they had a coop to whatever size they built it, they could contain what number they wanted.If they wanted two or if they wanted ten, as long as they were contained. Councilmember Wilson commented he was trying to figure out a way of doing something on the size of the property.It would be a way of saying they have an "x" number of square footage and this would be the number of birds they could have. Councilmember Rizzi commented she thinks that is pretty simple. Councilmember Evans asked if they could do that for dogs. Councilmember Wilson commented we do not do that for dogs. Vice Mayor Barker commented we do not have a number yet and we need one that actually matches up with B. Development Services Director Brad Steinke stated pick your number on C and he will match B up. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 12 OF 26 There was general discussion on the number of chickens that would be allowed based on the square footage.The consensus was two chickens for every 1,500 square feet. Mayor Insalaco commented there is one thing he has a problem with and it is the word fowl.A peacock is a fowl.Anyone that has ever been near one knows you cannot put on in a coop.They are the noisiest creatures on this earth.He asked how they would stop that.He asked if they would put fowl and chickens because someone will come up and say they want a peacock and it is a fowl. Vice Mayor Barker commented she has a problem with peacocks, too. Development Services Director Brad Steinke stated they would let them have the peacock. Councilmember Wilson agreed that they ask peacocks not be allowed in the residential area. Mayor Insalaco commented he hoped not. Councilmember Wilson commented they are beautiful but he lives in a 1.25 acre area and there are three peacocks that are quite some distance away from them and they can hear them. Councilmember Serdy asked if the square feet they are talking about covers the entire property or just the area of the yard. Councilmember Wilson commented it is the entire property. Councilmember Rizzi commented two for 1,500 square feet sounds reasonable. Development Services Director Brad Steinke stated if they do not want peacocks, they can say no roosters or peacocks, if that is a particular issue. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 13 OF 26 Mayor Insalaco commented if they do not put it in someone down the road will say they have a peacock when it says fowl. Vice Mayor Barker commented that ostriches are, too. Councilmember Evans asked if they could just say chickens and all other fowl would not be allowed. Councilmember Wilson commented they could say chickens only. Vice Mayor Barker commented peafowl would cover both. Mayor Insalaco commented with all the things they have to worry about in the city they are talking about chickens. There was general discussion about saying chickens only.The consensus was to say chickens only. Vice Mayor Barker commented it takes away the cute, little ducks and geese.In revision number 8, that would exclude all reference to fowl and replace that with the word chicken.She asked if that was correct. Development Services Director Brad Steinke stated that was correct. Councilmember Rizzi commented someone could argue that a rooster is a chicken. Development Services Director Brad Steinke stated they still have no roosters. Councilmember Rizzi asked if he would be leaving that in. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 14 OF 26 Development Services Director Brad Steinke stated he would. City Clerk Kathleen Connelly asked if they wanted to address where the small livestock can be kept, specifically in the front yard. Mayor Insalaco commented he hoped they were saying in the backyard for the chickens. City Clerk Kathleen Connelly stated she is not sure the chickens will be in the backyard. Development Services Director Brad Steinke stated this does not limit the location of these animals. Mayor Insalaco commented it will be fun keeping a chicken in a front yard that is not fenced in. Councilmember Wilson asked if they could do anything so they would have to maintain it on their property. Councilmember Rizzi commented they can require them to do so. Development Services Director Brad Steinke stated they would be adding chickens only, with no roosters, and the chickens need to be contained on the property. He thinks they should work with the city attorney with the language on this or they could lose their chicken rights.He will match up B with whatever number they come up with. City Clerk Kathleen Connelly stated it would be the same for the livestock. Development Services Director Brad Steinke stated that is correct.The livestock need to be contained. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 15 OF 26 Councilmember Serdy asked for an explanation on how they are voting on this as it sounds like they are all for limiting the amount of chickens.He does not see a problem with it.There is a lot of movement out there for people.You may have a single person who wants to turn his entire yard into a garden and raising chickens.As long as it is not a problem he does not see a problem with it.He will vote no on limiting the amount of chickens.One could look at a section as big as this and you could put a lot of chickens in here comfortably. Vice Mayor Barker commented comfortable chickens. Councilmember Serdy commented on how big the council chambers is.It is less than 3,000 square feet and one could only have 4 chickens in here. Vice Mayor Barker commented that is true.According to this he could only have four. However, that is only in a residential area.They are only talking about residential areas. Mayor Insalaco commented they are not talking about the 1.25 acre or larger properties. Councilmember Serdy commented his philosophy has always been what harm is there.If people think they need these eggs, he will just say no. City Attorney Joel Stern stated if there is a no vote on any individual piece, then that becomes a no vote on the whole thing for that particular councilmember.He wanted to point that out. Development Services Director Brad Steinke stated this is not forever and ever.If they create language and later find out they have people with 100 chickens and they are doing egg production out of their residential property and it is bothering the neighborhood, they can come back and change the law if there is a problem.They do it all the time. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 RAGE 16 OF 26 City Attorney Joel Stern stated there is cost in that. Councilmember Serdy commented there is also a smell.After a rain, if you have any kind of animals in your backyard the smell is elevated.Neighbors will complain that is a problem, then enforce it.Make it complaint driven. Development Services Director Brad Steinke stated they do need some measurements, some criteria.Otherwise it is very difficult to deal with an issue on nuisance.Nuisance is fuzzy.Something that is measurable is easy for them in the enforcement business. Vice Mayor Barker asked what happens if someone wanted to have a home business of selling eggs.She asked if it is already covered. Development Services Director Brad Steinke stated a home occupation allows ten vehicles to come to the site per day.He would think they could run a very profitable chicken egg business out of a residence. Mayor Insalaco commented they will not get that out of 4 chickens. Development Services Director Brad Steinke stated they could if they had 100. Councilmember Serdy commented they could get $15 to $20 a week. Vice Mayor Barker commented he did not try to buy eggs at the Wellness Festival.Free range chickens go for more. Mayor Insalaco asked if the city attorney had anything else to say. City Attorney Joel Stern stated the zoning map revisions should be a separate motion. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 17 OF 26 Vice Mayor Barker asked if they could tack it on as an amendment to this. City Attorney Joel Stern stated the problem with that is if someone wants to refer on just that one issue the whole thing could get referred.The problem is it is all one ordinance. Vice Mayor Barker commented it appears to her that to solve that problem they would need a separate item. Councilmember Wilson commented they would need a separate motion. City Attorney Joel Stern agreed that they would need a separate motion. Vice Mayor Barker commented they only need another motion, not another item in the packet. They do not need to put this off.It could be done following or prior to the zoning. City Attorney Joel Stern stated either one.The motion should be to direct staff to city -initiate the rezonings on those properties.He asked the development services director how many there are. Development Services Director Brad Steinke stated there are two. Vice Mayor Barker stated there are two properties:Meridian and Valley. Development Services Director Brad Steinke stated he talked to both property owners this morning and indicated the council might go in that direction. If so, staff would sit down with them and make a planned development ordinance that would come to the council separately. City Attorney Joel Stern commented that is approximately a four -month process where it has to go back to the planning and zoning commission with public REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 18 OF 26 hearings before coming back to the council.That way people are notified who are surrounding that property and they would have a right to speak on it. Councilmember Wilson commented they make a separate motion in the beginning to remove number 11 from this amendment list. City Attorney Joel Stern stated they remove it from here and it would be a separate motion after they do the rezoning ordinance. There was general discussion on what items they wanted left on the list.It was the consensus to leave one through nine. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE",ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 19 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT WE ACCEPT REVISIONS 1 THROUGH 9, THAT WE CHANGE REVISION 8 SO THAT ALL MENTION OF FOWL IS REMOVED AND REPLACED WITH THE WORD CHICKEN; THAT THE 2C INCLUDE THE INSTRUCTIONS THAT ALL CHICKENS ARE TO BE CONTAINED ON THE PROPERTY WITH A NUMBER OF NO MORE THAN TWO FOR EVERY 1,500 FOOT OF PROPERTY. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly asked if she also wanted to make sure the livestock are contained. Vice Mayor Barker AMENDED HER MOTION TO STATE THAT ALL LIVESTOCK AND CHICKENS ARE CONTAINED. Councilmember Wilson SECONDED THE AMENDED MOTION. City Clerk Kathleen Connelly asked the city attorney if the effective date for the ordinance is going to be different than the normal 30 days. City Attorney Joel Stern stated it is at least 30 days.It is up to the council if they want to push this out 90 days or whatever.If they do not state any dates it has to be 30 days. The consensus of the council was they would not have a problem with 30 days. City Attorney Joel Stern stated they can remove that section so it is not stated in the ordinance. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 20 OF 26 City Clerk Kathleen Connelly asked if he wanted that in the record. Vice Mayor Barker asked what section it is i City Attorney Joel Stern stated it is in Section V Establishing an Effective Date on Ordinance 1402.That can be removed in the final. City Clerk Kathleen Connelly stated your amendment should state that Section V be removed from the ordinance. Vice Mayor Barker AMENDED HER MOTION TO STATE THAT SECTION V BE REMOVED FROM THE ORDINANCE. Councilmember Wilson SECONDED THE AMENDMENT. VOTE:6-1 (Councilmember Serdy voted in opposition.) During the vote Councilmember Serdy asked for clarification that the number of chickens is limited.He was advised it was. The motion carried. Councilmember Waldron MOVED THAT DIRECTION BE GIVEN TO STAFF TO START A CITY -INITIATED REZONING ON THE PROPERTY LOCATED AT 1407 SOUTH MERIDIAN AND THE ONE ON VALLEY DRIVE, 512 AND 516 NORTH VALLEY, THAT WE PROCEED WITH THE REZONING WITH THE PLANNED DEVELOPMENT OVERLAY. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 21 OF 26 NEW BUSINESS None. DIRECTION TO STAFF PROPOSED AMENDMENT OF APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4(E) TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS )Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the item to council discussion.There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVE TO STAFF REGARDING THE PROPOSED AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4(E):TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS. THE MOTION. VOTE:Unanimous. The motion carried. PROCESS FOR CITY TO SUBMIT AND/OR COPSPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 22 OF 26 Councilmember Wilson SECONDED )Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco commented he wished the city manager would check with the mayor and city council of Yuma as he is always voting for them.They always seem to have the same problems we have.It might be one they want to look into. that was. Vice Mayor Barker asked where Mayor Insalaco stated Yuma. Vice Mayor Barker commented she is really interested in requesting a review of the actuarial studies for the public safety retirement system.She would like to see the legislature step into that.She thinks it is terribly important. Assistant to the City Manager Matt Busby stated he believed that was a resolution. Vice Mayor Barker commented it was.Sierra Vista put it in and it is number 17 on last year's list.She would very much like to co-sponsor that or sponsor it period and have someone else join us, whichever comes down the pike. Councilmember Evans asked if the one resolution that has been from Yuma is about the Highway Users Revenue Fund and restoring those. Mayor Insalaco asked if she wanted to tackle it. Councilmember Evans commented why not. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 23 OF 26 Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR THE CITY TO SUBMIT AND/OR CO-SPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS:THAT WE USE THE SAME PROCESS AS WE DID IN PREVIOUS YEARS WHERE THE CITY MANAGER SUGGESTS RESOLUTIONS OR SPONSORSHIPS WITH THE APPROVAL OF THE MAYOR. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 19, 2014, 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, MAY 20, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Sue Ward, 2900 W. Superstition, Apache Junction, addressed the council regarding getting a conditional use permit for a craft fair at her mobile home park. Vice Mayor Barker requested Development Services Director Brad Steinke and City Clerk Kathleen Connelly speak to this woman. City Clerk Kathleen Connelly stated there is a licensing requirement. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 24 OF 26 Vice Mayor Barker commented she needs that information and needs to be helped out here. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:05 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of April 15, 2014. 3. Proposed agreement with the Dons of Arizona to provide wayfinding signage to the historic Lost Dutchman Monument located in the downtown. ACCEPTED THIS 20TH DAY OF MAY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2014. ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO ayor 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 6th REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 25 OF 26 day of May, 2014.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of May, 2014. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 26 OF 26