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HomeMy WebLinkAbout2010-10-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 19, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 19, 2010, 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 7:05 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Dietz 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:Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Development Svcs. Director Brad Steinke Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 1 OF 23 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE FORM OF AGREEMENT FOR THE FOCAL POINT ENHANCEMENT PROJECT BE APPROVED AND THAT THE CITY MANAGER OR HIS DESIGNEE BE AUTHORIZED TO SIGN THE DONOR AGREEMENTS AS THEY ARE PROCESSED; AND THAT THE AWARD OF BID FOR PROJECT PW 2010-17, PROCUREMENT OF (1) 2011 FORD F-450 REGULAR CAB 4X2,(1) 2011 FORD F-150 SUPER CREW 4X2 AND (3) 2011 FORD CROWN VICTORIA POLICE INTERCEPTORS, BE AWARDED TO FIVE STAR FORD IN AN AMOUNT NOT TO EXCEED $127,179.52; AND THAT RESOLUTION NO. 10-37, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION MAINTENANCE, BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT PW 2009-18, OLD WEST HIGHWAY AND WINCHESTER ROAD INTERSECTION IMPROVEMENTS, BE AWARDED TO AJP ELECTRIC, INC., IN AN AMOUNT NOT TO EXCEED $241,963.98; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating October 2010 as Domestic Violence Awareness Month and presented it to Courtney Langer, Executive Director of Community Alliance Against Family Abuse. Councilmember Wilson commented he and his wife are active with the community's children through the Black Stallion Literacy REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 2 OF 23 Project.They have also contributed towards the Little Buckaroos Rodeo for the last 10 years.He introduced Mr. Jim Foster, president of Superstition Horsemen's Association, to present a check to the city in the amount of $300 for the Little Buckaroos Rodeo. Parks and Recreation Director Jeff Bell stated the Superstition Horsemen's Association has been helping this event since 1996. It will be November 13 at Prospector Park starting at 10 a.m. with numerous events. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented on the light bulb project, the ribbon cutting ceremony and formal dedication of the botanical walk at Silly Mountain Park, free dump week at the landfill, three moonlight hikes at Lost Dutchman Park, the Friends of the Fiesta Sampler at Lost Dutchman Park, Los Gringos being chosen as one of the top 20 taco places in the valley, the Festival of the Superstitions, leadership changes in the county and Central Arizona Association of Governments, public works finishing the slurry seal on Old West Highway and the design of bike lanes on Old West Highway. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR HITCHING POST PIZZA PUB )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Coleman asked if they were notified of the violation on a health and safety issue. City Clerk Kathleen Connelly stated she believed they were notified by virtue of a citation. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 3 OF 23 Mayor Insalaco requested the applicant address the council regarding the violation. Mr. Mehmood Mohiuddin stated three months ago he walked into the city office and talked to one of the city officials.He notified the city official that he has a chicken that is a piece of decoration that he would like set up as a landmark on top of his roof.The official said they would look into it and let him know.He came back a week later and asked if they had found anything.They said they were looking into it.They asked if it is a sign.He told them it is not a sign.They asked if it had any writing on it.He told them it does not.They stated there is no city policy or ordinance on this situation.They are sending out an email and they will notify him.He came back in 3 weeks later and asked if he had found anything as he did not want to violate any city rules, regulations or policies.He would like to put the chicken on the roof and make it a landmark.They are selling chicken and pizza.He was again told they had found nothing yet and they would let him know.He visited their office 4 times. The last time he was there he told them he would be putting the chicken up in 2 weeks.He gave them his cell phone number and home phone number and his restaurant number and told them to notify him if he needs anything like a permit or anything else in order to comply with city rules and regulations.Nobody notified him.He put the chicken up on Saturday.Monday was Columbus Day.On Tuesday morning city officials showed up and asked why he put the chicken up.He told them what happened and they said he violated rules and regulations.He asked them how he could have violated them if he had complied.He visited the city officials 4 times and they did not notify him back.He had told them he was putting the chicken up and asked them if there were any issues or problems or permits that he wanted to comply. They never notified him and they came out and gave him a citation because he did not have a permit.They asked him for the drawing and he gave it to them.The drawing was from the engineer and it had the stamps on it.The zoning department stated they are considering it a sign and he cannot have it on the top of the building.He was told to take it off.Within 7 days he took the chicken off the roof.They told him the next time he wanted to do anything, he needs to tell them in advance. He told them that he had.A city official had visited his place and he notified them.They asked if he could put the chicken REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 4 OF 23 anywhere on the ground.He did not want it on the ground.He asked them to come, look and decide where it could go.He would then put it at that location.They have agreed on the place, and he has gotten the permit.They issued it today.On the violation of the development agreement, there was a planter box issue.The planter box was in the middle and it was hit by the traffic coming and going about 24 times.He took pictures of every time it got hit.They would fix it and it would get hit again.He finally had a meeting with Rudy on it, explained the problem, and he was told to move it to another location.When Rudy came out this last time he asked him where he wanted it moved to.They agreed on where it should be moved to, and he asked for a week or two to have the planter box up again.And now the council must decide on what they think is fair, whether he violated the law and what he did wrong.He can show them the pictures.He feels that if there had been an issue, the city officials should come down, issue him a warning or tell him to take it off or do something about it.He does not feel he should have been issued a criminal citation by the police. Three police cars came over like they are criminals.He is trying to survive in this small city.He lives in this city, works in this city, and obeys the laws of this city, but it is sure getting really tough. City Attorney Joel Stern commented there is another side to this.He asked that they have Brad or Rudy explain.It is a crime to not have something permitted on your property.There is an active criminal citation that has been filed in court.It is a class one misdemeanor for not getting a building permit for a statue that weighs 800 pounds that could fall on someone as they walk in. He asked staff to come up as Mr. Esquivias has more knowledge of this.He has talked to the applicant and has information from Building Official Dennis Dixon. Senior Planner Rudy Esquivias stated Mr. Mohiuddin asked about the chicken statue in March. He was working with our business advocate at that time.He asked if there are any codes or permits involved with the statue.As they can see with the exhibit he had just handed the mayor, staff conveyed such information to Mr. Mohiuddin through the city's business advocate.They met with Mr. Mohiuddin and his brother on site yesterday and discussed where the chicken REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 5 OF 23 could legally be placed.A location was picked in front of the outdoor patio area.Mr. Mohiuddin was in the office today and applied for his permit.That will take care of the unpermitted sign issue.Planning Manager Fred Baker and he met with the gentlemen about a month ago on the planter box.They had been discussing the new monument sign.They have a very nice- looking, new monument sign.One of the issues that came up was the planter and the problems they had been having with it.As part of the development agreement, there was a site plan that was submitted which specifically showed where the planters that they proposed to put up would be located.The planter in the middle is the one that has been hit several times.In the interest of working with the gentlemen and complying with the spirit of the development agreement, they suggested they put it on the Lost Dutchman side in the northeast corner of the property; that way nobody might hit it any more.They are agreeable to doing that.He spoke to the gentleman yesterday, he has agreed on where the planter will go but needs some time to find some railroad ties as the ones that were in the old location have been broken several times and hit several times. They are agreeable to working with him to give him time to locate the new planter and the chicken statue is in the process of being resolved.With all due respect to the gentleman, staff did inform him in writing that he needed a permit. Councilmember Eck commented it seems like a whole lot got resolved yesterday.He wondered why they were not there a week sooner so that it was not necessarily an agenda item. Senior Planner Rudy Esquivias stated Mr. Mohiuddin came into the office last Thursday or Friday after he had received the citation notice.He asked for a meeting on Monday at his location.He wanted them to come out there and tell him where he can put the statue.They met with him yesterday on site at his request.This information is brand new as far as the resolving of the issues. Councilmember Serdy commented he heard several times that it seems to be resolved and that they are confident it will be.He heard that the business advocate was working on this earlier.He would like to see the business advocate be proactive.He would not like to see a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 6 OF 23 thriving business be saddled in any way and have us be the cause of their going out of business.He would like to continue to help our businesses. Vice Mayor Dietz commented it looks like everything is pretty much taken care of. Senior Planner Rudy Esquivias stated as long as things are in process.They will follow up with Mr. Mohiuddin within a few weeks on the new planter. Mayor Insalaco commented the new planter is the only thing that needs to be taken care of now. Senior Planner Rudy Esquivias stated that is correct. City Attorney Joel Stern stated with due respect to Mr. Serdy, this is a criminal case. There is a criminal citation.It took a criminal citation to get the type of compliance we have gotten in the last week. That has been the past experience with this particular applicant.Staff has been demonized in a way by certain people associated with the Hitching Post from what he has seen in the last year -and -a -half.Regarding the statue, he was or his representatives were told that he could not have that without a permit.That was told directly to him in person and in writing. That is why a citation was issued.That is not the only reason. The main issue was the building official was called out on what appeared to be a safety hazard.He believes it is a rooster from the way it was colored.The city did not know how it was placed on the building, did not know the structural integrity of the statue, and it could have fallen down on people walking in. Under the building code, that is a crime.The building official followed the law and had the police department issue a citation. That citation is in court as we speak.It will be prosecuted by his office pursuant to the law. Councilmember Serdy asked if it takes 4 police cars to issue a citation. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 7 OF 23 City Attorney Joel Stern stated he could not answer to that.He can ask the chief if he knows how the citation was issued.However, he was asked if they should do a long form or a direct citation.A long form would have taken 2 to 3 weeks, leaving a danger period of 2 to 3 weeks.He believes the building official told someone at the Hitching Post that they would be getting a citation that day and they have 7 days to take it down or they would be getting another citation.That was being generous.Every day there is a violation, it is another misdemeanor violation for building health and safety code issues.He does not know why there were 3 or 4 police cars.He does not know if that is even true. They can pull the computer aided dispatch report to find that out. Councilmember Coleman stated one might have been going for the citation and the other two might have been going for pizza. Councilmember Barker commented or chicken. City Attorney Joel Stern stated police officers typically do not issue building code violations.In this particular case they were asked to assist. It gets them into court a lot quicker; that is what criminal violations do.This was a health and safety issue. Vice Mayor Dietz asked if code enforcement had asked for the assistance of the police department. City Attorney Joel Stern stated he believed it was the building official.He did not know how he got the call.Development Services staff may know the answer to that.He got a call from the building official on Tuesday morning.It was serious on what should be done.He provided the legal advice. Councilmember Barker commented that information was given on March 19 via email that a permit was required.The chicken or rooster went up anyway. It finally came down when a citation was issued. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 8 OF 23 City Attorney Joel Stern stated he does not know when the statue came down. Councilmember Barker stated according to the owner it came down after the citation. City Attorney Joel Stern stated it did not come down the day of.He believes it came down within the last two days. Councilmember Barker commented it is down. City Attorney Joel Stern stated he believes it is. Councilmember Barker commented he knew since March 19 that a permit was necessary, it was put up anyway and was kept up there for 6 months or whatever that might be until somebody carried through with a citation. That citation is a criminal citation in the court process. City Attorney Joel Stern stated the statue has not been up since March.He thinks it was put up recently. Senior Planner Rudy Esquivias stated the chicken statue went up the weekend before last. Councilmember Barker commented he was complying until the weekend before last. stated that is correct. has been up for a week -and -a -half. stated that is correct. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 9 OF 23 Senior Planner Rudy Esquivias Vice Mayor Dietz commented it Senior Planner Rudy Esquivias Councilmember Barker commented somewhere he got a false impression or gave himself one or whatever and put it up. Senior Planner Rudy Esquivias stated the weekend before last there was a crane out there that put the statue on the roof.A complaint came in on Monday. This was not from staff. Councilmember Barker commented this was a complaint driven thing. Senior Planner Rudy Esquivias stated an actual complaint was phoned in to development services and that is when the development services staff followed up on it. Councilmember Barker commented development services and code compliance were not riding around and around this building waiting for some terrible thing to happen.That is what was implied. Senior Planner Rudy Esquivias stated this past weekend the statue came down and they met with the gentleman yesterday to find an appropriate place for it. Councilmember Barker commented that the statue is now down, he is working with staff to find an appropriate place, and he is working with staff to relocate the planter.He is still in court with the citation because that is a criminal thing. City Attorney Joel Stern stated that is correct. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented there was a death that occurred on a construction site years ago and no criminal charges were filed against the company.He feels this is bullying by the city on this man.It seems the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 10 OF 23 city makes it own rules as it goes along.He asked if the chicken was considered a sign.He cautioned the man that he was on probation for not having a business license from a previous case. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Dietz commented the gentleman was notified on March 19 that he needed a permit to put it up.He was notified but went ahead and put it up a week ago.It is not like the city is playing games and making it up as we go along. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE.FOR HITCHING POST PIZZA PUB, SUBMITTED BY MEHMOOD MOHIUDDIN, BE. RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES #3850/APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES, LOST DUTCHMAN #3850 )City Clerk Kathleen Connelly briefed the council on the items. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 11 OF 23 Mr. William Wittman addressed the council.They have a partial parking lot on the west side. They will be having hillbilly golf as a fundraiser for a member who has cancer on October 30.On November 14 they will be having a tailgate party for the Cardinal's home game. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for motions on the items. Councilmember Coleman MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES, LOST DUTCHMAN #3850, FOR OCTOBER 30 AND NOVEMBER 14, 2010, SUBMITTED BY WILLIAM WITTMAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES, LOST DUTCHMAN #3850, FOR OCTOBER 30 AND NOVEMBER 14, 2010, SUBMITTED BY WILLIAM WITTMAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 7 LIQUOR LICENSE FOR DESERT LIQUORS/ REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 12 OF 23 APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS ) )City Clerk Kathleen Connelly briefed the council on the items. Mayor Insalaco requested the applicant address the council. Mr. Jeff Golzio, Desert Liquors, addressed the council.He advised there would be no chickens on his roof.He hopes to make it a nice spot in the city. Councilmember Serdy commented his old sign is kind of iconic.He asked if he would be moving it down there. Mr. Jeff Golzio stated that is another issue for another day.He just wants to get this license transferred. Councilmember Eck commented he can always drive the golf cart. Mr. Jeff Golzio stated that will be his new landmark. Mayor Insalaco commented state law and the PM -10 are requiring that something be done with dirt parking lots.He asked if they would be able to do anything with the dirt parking lot. Mr. Jeff Golzio stated they absolutely would.His first order of business is to get opened. The second order of business is to pave his drive-thru and put a patio on back.He plans to work with Jeff regarding some funds that may be available to assist him. Councilmember Serdy stated he will be in a different district now.He is now in the downtown whereas his old place was right outside of it.He could not get the funds then. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 13 OF 23 Mr. Jeff Golzio asked if he was in the right district. Vice Mayor Dietz commented he is right in the middle between them. Councilmember Barker stated he is right on the edge but he is not in it. Mr. Jeff Golzio stated he will get hold of the business advocate and there may be some concessions made. Mayor Insalaco commented he is planning on doing something with the area. Mr. Jeff Golzio stated they are definitely going to put down some granite for dust suppression initially. Mayor Insalaco stated that is all he needed to hear. Mr. Jeff Golzio stated they do plan to pave it. Mayor Insalaco commented they are just trying to comply with state laws. Mr. Jeff Golzio stated he understood, and that the city was most generous in granting him a remodeling permit without that stipulation. Mayor Insalaco commented it is looking better. Mr. Jeff Golzio stated Alex wants to see each and every one of you eating there once a week. They will have a restaurant; it will just be a liquor store and bar at first.They have a kitchen built out in it and that will be the third phase. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 14 OF 23 Councilmember Eck asked if that is what all the appliances are about that are going in. Mr. Jeff Golzio stated exactly. Mayor Insalaco opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion. Vice Mayor Dietz commented the city clerk stated there is a new state law regarding stacking of liquor licenses.He asked when that law went into effect and what it is. City Clerk Kathleen Connelly stated this year and it allows for different types of licenses. Previously there were prohibitions where you could only have one.Similar to what the Eagles did, they would have to go for the extension of premises.Now licensees are allowed to stack certain licenses.You will see some coming in and apply for sampling licenses.We almost had an application from Safeway where Safeway would have both a license for sale and they were interested in sampling. Vice Mayor Dietz asked if one of Mr. Golzio's was a sampling or just a beer and wine. Mrs. Alex Golzio stated the liquor board is completely revising not just the stacking of licenses but what licenses mean.They are going back and saying a 6 can just be a bar and a 9 can just be a liquor store.What is happening is that places like Bevmos, A.J.'s and Total Wines all have 6's which are bars, but they are functioning under a liquor store.They are not functioning as a bar.Right now, all of the licenses kind of encompass each other.They are very vague.They are putting out these licenses and saying they are stacked.Technically, with their series 7 right now, they can sell beer and wine out the door off premise as well as drink it on premise.Now they are going to require that series 7 be only on premise but you can stack a series 10 which is just off premise.They are just breaking them up and requiring you to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 15 OF 23 have both of them now.That goes into effect January 1, 2011. There is a lot more involvement coming down the pike.Sampling and pouring are currently the same thing. Vice Mayor Dietz commented they will probably have to come back to the council when they get ready to do that. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 7 LIQUOR LICENSE FOR DESERT LIQUORS, SUBMITTED BY JEFFREY GOLZIO, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A LOCATION TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS, SUBMITTED BY JEFFREY GOLZIO, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 10-38, DECLARING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, A PUBLIC RECORD/ ORDINANCE NO. 1368, ADOPTING THE CODE OF THE CITY OF APACHE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 16 OF 23 JUNCTION, ARIZONA LAND DEVELOPMENT CODE, BY REFERENCE )Development Services Director Brad Steinke briefed the council on the items. Mayor Insalaco opened the public hearing on the items. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented he has not heard of any meetings, surveys and advertising done on this code.He suggested they put the proposed changes on the website so that everyone could see them.Otherwise, it appears suspicious. Mayor Insalaco asked if he is talking about this item. Mr. Elliott Fisher stated he is talking about the 2 items on the code that is being revised. He stated they do not have it on the agenda, and he has made his point. Councilmember Barker stated the website is www.amlegal.com,click on library at the top of the page, ,thenclick on the map of Arizona, then click on, Arizona, and you will see this, every word. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item -to .council discussion.There being no discussion, he 'called fOr a motion. Councilmember Eck MOVED THAT RESOLUTION NO. 10-38, 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 "CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II,LAND DEVELOPMENT CODE,CHAPTERS 1 THROUGH 10", BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 17-OF 23 VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1368 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read Ordinance No. 1368 by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1368, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS/REAPPOINTMENTS TO CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, MUNICIPAL PROPERTY CORPORATION, AND PUBLIC SAFETY PERSONNEL RETIREMENT BOARD REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 18 OF 23 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Vice Mayor Dietz MOVED THAT DALLAS DEWEY BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CATEGORY OF CONTRACTOR OTHER THAN A GENERAL CONTRACTOR FOR A TERM TO EXPIRE OCTOBER 31, 2012. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RALPH STINSON BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CATEGORY OF LAY PERSON FOR A TERM TO EXPIRE OCTOBER 31, 2012. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Eck MOVED THAT ROBERT MAYO BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2013. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 19 OF 23 Vice Mayor Dietz MOVED THAT STEPHEN AMRHEIN BE REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz commented they need four more people for this board and there are no more applicants.He asked if they could re -advertise and possibly get a response. City Clerk Kathleen Connelly stated they would re -advertise for this board. Councilmember Eck commented he had Luciano Buzzin down for this. Mayor Insalaco commented he does not want to do it.He called for the next motion. Councilmember Barker MOVED THAT CHRISTA RIZZI BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Dietz MOVED THAT JODENE WEETER BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2013. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 20 OF 23 VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT JODENE WEETER BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RANDALL BETTS BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD AS A POLICE DEPARTMENT REPRESENTATIVE WITH A TERM TO EXPIRE OCTOBER 31, 2014. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF - None, SELECTION OF MEETING DATES,,TIMES, LOCATIONS, AND PURPOSES Councilmember Coleman MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, NOVEMBER 1, 2010, 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, NOVEMBER 2, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 21 OF -23 Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. During the vote there was general discussion on changing the start time. The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding a term limits initiative and a bus transportation advisory election. Councilmember Eck commented he does not believe in term limits. People should be allowed to elect whom they want to elect.They have a right to do so.In Apache Junction, the majority of this council is up for re-election every other year. Councilmember Barker wanted to note the fact that Mr. Fisher, who asked for our response, has left the building.It does not do any good to respond as he asks the council to do. ADJOURNMENT )Mayor Insalaco adjourned the meeting at EiM p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 5, 2010. 3. Consideration of an agreement between the City of Apache Junction and the Apache Junction Community Development Corporation (CDC) for the management of enhancements at the FOcal Point. 4. Consideration of award of bid, Project PW 2010-17, for the procurement of (1)-201L F-450 Regular Cab 4X2,(1) Ford F-150 Super Crew -4X2,(3) 2011 Ford Crown Victoria Police REGULAR MEETING OF THE CITY COUNCIL OCTOBER 12, 2010 PAGE 22 OF 23 Interceptors, to Five Star Ford in the amount not to exceed $127,179.52. 5. Consideration of Resolution No. 10-37 authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Transportation. 6. Consideration of award of Contract to AJP Electric, Inc. for PW 2009-18 Old West Highway and Winchester Road Intersection Improvements in an amount not to exceed $241,968.98. ACCEPTED THIS 2ND DAY OF NOVEMBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF NOVEMBER, 2010. ATTEST: KATHLEEN CONNELLY City Clerk /7HN S. INSALACO Aayor 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 19th day of October, 2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of October, 2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 2010 PAGE 23 OF 23