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HomeMy WebLinkAbout2011-04-05 City Council Regular MinutesCITY 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: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan 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 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. 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. 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. ATTEST: KATHLEEN CONNELLY City Clerk JOHN S. INSALACO Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City 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 11th day of April, 2011. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 2011 PAGE 16 OF 16