Loading...
HomeMy WebLinkAbout2011-02-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 15, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 15, 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 Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy 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 Planning Manager Fred Baker Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 1 OF 19 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 11-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco welcomed Boy Scout Troop 354 from Apache Junction. Councilmember Wilson announced the weekend before last they had the 4th annual Carriage Driving Competition in Apache Junction. It was the largest number of entries they have had, having 47 entries.Many were from outside the valley, including Flagstaff and Benson.The exhibitors commented they enjoyed the facilities and the surrounding area, and complimented the parks and recreation department for attending to their needs. However, there were many people that came to view the competition but there were no seats.He suggested they have some bleachers set up next year for them. Councilmember Wilson thanked parks and recreation for the Salt River Brass concert.They did a very good job.Everyone in attendance enjoyed it. Councilmember Wilson announced Cole's Farrier, Feed and Vet Supply, 9100 East Old West Highway, is offering to take all paper and boxes to be recycled, plus the twine from bales of hay.They have found a market for the twine. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 2 OF 19 Councilmember Barker congratulated the police department on their Adopt -A -Pet event on Saturday morning.It was very crowded and had lots of pretty dogs and cats.They did a great job. Councilmember Eck commented there is a recycling canister just south of Walgreen's by Blockbuster that is for shoes and clothing.He also saw another one taking paper products on the east side of Meridian south of Broadway. Councilmember Coleman announced next Sunday is the Lost Dutchman Marathon.He was told today people are coming from as far away as Australia to participate.They are also sending them information on Lost Dutchman Days. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CITY MANAGER'S REPORT City Manager George Hoffman thanked Councilmembers Barker and Coleman for being active in the legislative process, commented on the library winning a $70,000 grant for investor education, the brochures sent out by and visitors attending the Visitor Information Center in 2010, the beginning of construction on Plaza Drive, Captain Troy Mullender being invited to participate in the FBI National Academy, and read a letter from Lucy Young, president of the board of directors of Friends of Apache Junction regarding the recent fundraising events for the parks and recreation department. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-0- MINE SALOON ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 3 OF 19 Ms. Liz Reynolds addressed the council.She stated they want to make a difference in the community.This event is for one of their long time friends. He lost his woman, house and dog.They are raffling off his motorcycle at $2 a ticket.All monies will go to Charlie.They will need some extra room for the event. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR FEBRUARY 27, 2011, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPEAL OF CERTAIN LANDSCAPING REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE )Planning Manager Fred Baker briefed the council on the item. Mayor Insalaco asked if there will be big trees in the landscaping that will be hitting wires. It seems every place they have had them, Salt River Project has been topping them and makes them look like umbrellas. Planning Manager Fred Baker stated the lines are on Apache Trail and are way above it.The lines on Delaware are on the other side of the street. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 4 OF 19 Mayor Insalaco requested the applicant address the council. Mr. Kevin Parker of Greenburg Farrell, 1600 N. 80th Street, Scottsdale, addressed the council. He introduced Glenn Wright of Tennessee who is with Murphy Oil. Mr. Glenn Wright, Murphy Oil, 141 Eagles Glen Drive, Franklin, Tennessee, addressed the council.Murphy Oil is a south Arkansas -based company in existence since the 1920's.In 1961 they started purchasing wells and funding wildcat drillers and became Murphy Oil, buying out other oil companies and refineries at the time.He briefed the council on some of their facilities worldwide.About 15 years ago they started projects with WalMart.Their prices will be competitive with the local market.They have come up with an atypical canopy design to match what they are trying to do in Arizona.This will be the first station in Arizona; they are also looking at Show Low. Vice Mayor Dietz commented he likes what they are doing with the station.It has the accent they are looking for. Mr. Glenn Wright stated it seems to fit in with that area, particularly with what Starbuck's did across the street.He thinks it makes a very unique and fitting site. Mayor Insalaco stated he will let this council be the first one to welcome him to the community. Mr. Glenn Wright thanked him and stated they are glad to be here. Councilmember Serdy commented they want to see all the businesses filled in the city.He asked what happened to the business before and if there was a problem how they could keep it from happening again. Mr. Glenn Wright stated initially, probably 1992 or 1993, several companies went to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 5 OF 19 WalMart with this same plan, whereby WalMart would lease a piece of their property to the company and the company would build, operate and maintain a station.They would be a lessor.Rather than give his company all of the stations that they should have, they gave the northeast stations to Sunoco and 12 to 15 stations in the west to Fasaro.His company's vision on how to run these stations was born in England and France when they saw that during the 80's the hypermarkets like WalMart on steroids, independent gasoline stations with 8 pumps would go in there and garner 50% of the total gasoline sales.They did not feel they could do that well here with the cost margin differences in Europe, but they felt they could make a winner out of it.They tried to build a nice unit at an economical price and go to the public with the savings.They are not tight but they are conservative.They have a nice design that would fit in 99.9% of the cases.He thinks Fasaro had 15-20 units at their peak; his company has over 1,100.There are 1,200 to 1,300 stations over the last 10 to 15 years with a program that brings something for his company and something for the city that they go into.It has been fortunate for them and beneficial wherever they have gone. Councilmember Serdy asked if this is the same company that does Murphy's Oil Soap. Mr. Glenn Wright stated it is not.Murphy Oil is strictly a finished product, a retailer, wholesaler and shipper of oil. Councilmember Eck commented he really likes the design.Usually when they lose a station a 6 foot fence goes up with barbed wire at the top.It is aesthetically unpleasing.The fence has been down for some time now, but it is a waste of a good location.He is glad to see them coming in.Their design is great. Mr. Glenn Wright stated they tried to tell WalMart to go 100% with them but they would not listen. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 6 OF 19 Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He agrees with Mr. Eck about the eyesore situation.A similar situation is at Idaho and the Trail.He is concerned with the oil business market with electric cars coming, and what the exit strategy would be if they have to go.He would like some kind of commitment that they would clean up the site and pull out the tanks.He thinks some of the other empty stations are sitting simply because it is so expensive to clean up the Environmental Protection Agency problem. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Eck MOVED THAT THE APPEAL OF CERTAIN LANDSCAPE REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION, LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 11-03, ADOPTING BY REFERENCE THE TEXT AMENDMENT PERTAINING TO HOSPITAL SIGNS AS APPROVED BY ORDINANCE NO. 1373, CASE AM-3-10/ORDINANCE NO. 1373, CASE AM -3-10, AMENDING THE ZONING ORDINANCE TO ALLOW HOSPITALS WHICH OFFER 24 -HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE CITY RIGHT-OF-WAY, SUBJECT TO CONDITIONS, AND OTHER AMENDMENTS RELATED THERETO )Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 7 OF 19 Councilmember Barker stated this is exactly what we talked about. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated this is what happens when you approve something politically; they now have to worry about getting customers into the hospital.They put it in a quasi -residential area and want to sign it up to make it fly.He believes they are doing it selectively and for their own purposes.They should think about things first before they put them in the wrong place. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-03, 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 ENTITLED "CASE AM -3-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,PERTAINING TO SIGNS FOR HOSPITALS" WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1373, BE APPROVED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT ORDINANCE NO. 1373 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 8 OF 19 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Dietz MOVED THAT ORDINANCE NO. 1373, AS READ BY THE CITY CLERK, BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION 11-04, DECLARING THE TEXT AMENDMENT LANGUAGE ATTACHED TO ORDINANCE NO. 1372, PERTAINING TO MEDICAL MARIJUANA USES IN THE CITY OF APACHE JUNCTION, AS A PUBLIC RECORD/ORDINANCE NO. 1372, AMENDING THE "DEFINITIONS" AND "GENERAL PROVISIONS" SECTIONS OF THE CITY'S ZONING ORDINANCE TO DEFINE, PERMIT AND REGULATE MEDICAL MARIJUANA USES IN THE CITY )Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Dietz asked if there is a 25 mile radius. Senior Planner Rudy Esquivias stated that has to do with a designated caregiver or qualified patient growing marijuana in their own house.There is also a provision here that says that if for whatever reason we do not get a dispensary right away, a person can apply to the state department of health services to get a card to allow him or her to grow marijuana in his own residence.However, their residence must be at least 25 miles from the nearest dispensary. That is the only condition under which a person may be able to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 9 OF 19 cultivate up to 12 marijuana plants at home.A caregiver can administer marijuana for up to 5 patients in his or her care and that caregiver can grow up to 12 plants for each patient. Conceivably, a caregiver in this area could grow up to 60 plants for patients in outlying areas.The city is proposing to close that loophole by saying that even if they are a caregiver living in the city and there is a dispensary within 25 miles of the caregiver's home, then they cannot grow it.The loophole was left in the state legislation and they are trying to close it. He continued with his briefing. There was general discussion on the location of the proposed changes in the council packet. Councilmember Barker asked if the proposed changes would have to be added in the motion. Senior Planner Rudy Esquivias stated that is correct. Councilmember Coleman asked if it can be done by reference. City Attorney Joel Stern stated they can make reference to the memo as written by Mr. Esquivias. Vice Mayor Dietz commented that is dated February 15.It would be the easiest way. Councilmember Eck asked if the total allocation for the state is around 100. Senior Planner Rudy Esquivias commented the statewide number is basically one for every 10 pharmacies in the state.That adds up to about 120 stores statewide.A more thorough analysis was recently done, looking at health analysis zones and where the greatest need is.They are recommending through a map disbursing the 120 facilities all over the state.The City of Mesa may get so many, the City of Phoenix will get so many, and Apache Junction one. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 10 OF 19 Councilmember Eck commented he thinks those are going to be by volume.Phoenix will probably have 12 or 15.It will probably not be an issue for us if we have one here.There will probably not be room for a second for years. Senior Planner Rudy Esquivias stated that is what staff believes as well. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He asked what good one station in the city will do for all these people that supposedly need the substance for their care.They are also cutting out the caregiver provision wherein the state said the caregiver could have 60 plants.He believed cutting out that competition would raise the price more.If the city is truly for this thing, more than one would be appropriate.It looks like when they have one that they are eliminating competition. It seems to be a trend in the state regarding caregivers.He asked why they are going to have a dispensary with so many stipulations. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He requested they adopt the CCD district as suggested by staff.He is also concerned about the infusion issue.He requested that they eliminate it if it is allowed to be eliminated by the state at some point.He does not see how anyone can easily regulate how much is going into each product in order to give the correct dosage approved by the state.He was also concerned with having other facilities in the city, such as bakeries, to be used after hours for that.He could see additional problems with that in the future. Mr. Aaron Olson, 535 E. Quail, Apache Junction, addressed the council.He is concerned about the trend seen in California wherein people who do not need the marijuana are sitting around in the parks and on the streets smoking marijuana.He is concerned about the infused products, especially the lollipops that could be mistaken by REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 11 OF 19 children as something that would be a treat for them.He does not want them lying around on the street where a child could pick them up and ingest them. Ms. Dina DiGuiseppe, 320 S. Muleshoe, Apache Junction, addressed the council.She left the meeting in Tempe about the Department of Health Services issues. She stated the issues discussed were making it more affordable, cutting down on the abuse, changing the lottery, growing marijuana in a house, and infusion.She would like to see safety.She asked where they would be locating the dispensary. She would like to bring the information to the board.The police and community should know what is going on.It will be dispensed to patients, not potheads.It will be monitored to make sure a doctor is not overprescribing.She stated the plants would have to be grown inside and suggested geothermal energy be looked at.They are trying to reduce cost and hope to hire veterans. Mr. Tim (last name not given), 105 S. 97th Street, Mesa, addressed the council.He was concerned about alcohol dispensaries around the city.He would like to deal with alcohol abuse first.He would like to see them side by side with the marijuana dispensaries. Mr. Rob Evans, 1434 N. Cortez, Apache Junction, addressed the council.He commented the state rules are not written.He cautioned everyone about assumptions that are made until the rules are finalized, which is not until around May. Councilmember Barker stated they will be finalized on April 1. Mr. Rob Evans stated it is difficult for them to create policy when the state defining policy has yet to be established. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 12 OF 19 Councilmember Eck commented people need to remember that this is here because of the public vote and now they have to deal with it.The city is new to this; it is not something they deal with everyday. Mayor Insalaco commented it is new to the state. Councilmember Eck commented the voters voted it in and now they have to do their best to make sure that it is not overused or abused. Councilmember Wilson commented they are dealing with the zoning issues, not with how the laws will be enforced or how it will be handled.Those are all state responsibilities.This is strictly the zoning. Councilmember Barker commented it is important for the people here to understand that we are state -mandated to have a dispensary if they allocate it to this area.If they say this is an area where there will be a dispensary, then there will be one.They are making the choice, not the city.This is totally state dictated.The city does not have a say so in that.The city has a say so in what part of the city they will have these dispensaries in.That is the decision they are making at this point.It is what specific part of the city and how do they want to handle it as a city. The state rules will overturn ours.Anything that the state has that is more than ours we have to follow.We do not have that choice. Vice Mayor Dietz commented the state rules will be done by April 1. Councilmember Barker commented the state is supposed to be finished by April 1.If we do not have something in place, then we have to follow everything they say. Senior Planner Rudy Esquivias stated the only land use provision in the state law is that a dispensary or cultivation facility has to be 500 feet from a public or private school.Everything else is the doctors, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 13 OF 19 patients, definitions and operating issues.We deal with the land use issues, the state deals with the operating issues.Mr. Evans is correct.The rules are changing on a daily basis.The state hopes to have their operating rules finalized by April 1. We have tried very hard to gain an understanding of the law and craft our provisions so that we are obeying the letter of the law.If we need to make a couple of adjustments once the state finalizes their rules, we can always come back for amendments. Vice Mayor Dietz commented he wanted to make sure that what they are doing this evening will not interfere with the changes that are still going on with the state. Senior Planner Rudy Esquivias stated not has he understands them. Councilmember Coleman asked what would happen if a charter school goes in after the fact and within the limits. Senior Planner Rudy Esquivias stated he believes the dispensary would be grandfathered.They cannot initially locate within 500 feet of a school, but if they are up, operating and in business and a charter school moves in, they would be grandfathered. Vice Mayor Dietz asked if a charter school would actually move in within the limit. City Attorney Joel Stern stated a charter school could move in wherever they have the zoning.They are treated like public schools.They cannot out a charter school just because a dispensary is located in a certain commercial block.A charter school may show up next to one. Councilmember Coleman commented at least then it would be their choice. City Attorney Joel Stern agreed.They choose where they want to locate, what rent they want to pay or if they want to buy a piece of property next to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 14 OF 19 it.If they do not pass anything, what will apply is the text that was approved by the voters and the Department of Health Services rules.That is all that will apply, which is a lot. If they have no restrictions on distances and zoning 'areas, then they will have problems.Come April 1 when the Department of Health Services regulations are ready to go and someone applies with the city and we do not have an ordinance that is already in effect, then they basically beat the deadline and these rules will not be applicable to them if they are not yet in effect. The ordinance is effective 30 days thereafter. Councilmember Coleman asked if there are federal laws prohibiting the use of marijuana. City Attorney Joel Stern stated there are federal laws that say having possession of marijuana is a felony.The United States Attorney has said they are aware of this but they will only go after the big illegal users, producers and cartels.They are not too concerned about an individual who is smoking a joint walking down a sidewalk. Councilmember Barker stated but you can do that according to the state in public. City Attorney Joel Stern that is correct. Councilmember Barker commented that they then cannot be walking down the street smoking a joint. Mayor Insalaco stated the feds are not going to come after them for that. City Attorney Joel Stern stated they are not going to have a United States marshal arrest someone on the sidewalk.It is not going to happen.He has heard a theory that anyone associated with or allowing these things to happen is in a conspiracy.They are breaking the law and should be prosecuted.That would mean any police officer that allows it.He has heard these arguments, but the federal government is not going to do that with the current administration.It is not going to happen. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 15 OF 19 Planning Manager Fred Baker commented there is a memorandum from the United States Attorney's Office that this really applies to medical marijuana. All the other marijuana laws are in place and they will be enforced.They are relaxing the enforcement of medical marijuana laws. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-04, 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 ENTITLED "CASE AM -4-10:AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,PERTAINING TO MEDICAL MARIJUANA USES"; WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1372, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1372 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1372, AS READ BY THE CITY CLERK, BE APPROVED REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 16 OF 19 AND ADOPTED WITH THE AMENDMENTS INCLUDED IN THE FEBRUARY 15, 2011 COVER MEMO WRITTEN BY MR. ESQUIVIAS. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, FEBRUARY 28, 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, MARCH 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 17 OF 19 Mr. Aaron Michael Olsen, 535 E. Quail, Apache Junction, addressed the council regarding his concern for illegally operating taxi cabs in the city. Mr. Ron Beemer, 1841 E. Tepee, Apache Junction, addressed the council regarding the horsemen's association sponsoring a candidate forum at the boys and girls club on March 2. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding his belief of an improper sample balloting, the zoning for medical marijuana, and his intention to refer the medical marijuana ordinance. Councilmember Barker requested the city attorney and city manager address Mr. Olson's issue with him. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:25 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 1, 2011. 3. Consideration of Resolution No. 11-05, Designating polling places and voting districts, appointing election boards and fixing their rate of compensation. ACCEPTED THIS 1ST DAY OF MARCH, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF MARCH, 2011. HN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 18 OF 19 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 15th day of February, 2011.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of February, 2011. 7/AZ4-dee, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 19 OF 19