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HomeMy WebLinkAbout2009-04-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 7, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 7, 2009, 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 The Boy Scouts led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz 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 City Engineer Giao Pham Parks & Recreation Director Jeff Bell Public Works Director David Fern Human Resources Director Liz Riley Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 1 OF 44 Others Present:Parks Superintendent Nick Black Administrative Assistant Barbara Duft Grants Specialist Roger Hacker Housing Program Coord. Heather Patel Captain Tom Kelly ACCEPTANCE OF CONSENT AGENDA ) )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER MOVING CALL TO THE PUBLIC TO FOLLOW ITEMS NO. M20 AND M21 AND THAT THE MAYOR OR VICE MAYOR BE AUTHORIZED TO ADJOURN THE MEETING IF ANYONE BECOMES DISORDERLY, UNCIVIL OR MAKES PERSONAL ATTACKS DURING CALL TO THE PUBLIC; AND THAT APPROVAL BE GIVEN TO THE CABLE TV TECHNICAL CONSULTING SERVICES AGREEMENT BETWEEN KRAMER.FIRM,INC. AND THE CITY OF APACHE JUNCTION FOR ENSURING THAT MEDIACOM IS IN COMPLIANCE WITH CURRENT LAWS AND REGULATIONS IN AN AMOUNT NOT TO EXCEED $26,090.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 09-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR REIMBURSEMENT OF OVERTIME AND EMPLOYMENT RELATED EXPENSES INCURRED DUE TO PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT FOR THE HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT PROGRAM, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF ONE OCE TCS500 PLOTTER/SCANNER FROM KONICA MINOLTA THROUGH MOHAVE CONTRACT #05M -HUGH -0126 IN AN AMOUNT NOT TO EXCEED $44,160.26 AS A REPLACEMENT SCANNER/PLOTTER FOR THE PUBLIC WORKS DEPARTMENT. Councilmember Barker SECONDED THE MOTION. VOTE:.Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 2 OF 44 AWARDS, PRESENTATIONS AND COMMUNICATIONS Housing Program Coordinator Heather Patel gave a brief presentation on the Earned Income Tax Credit Program for tax year 2008.Internal Revenue Service Senior Stakeholder Relationship Tax Consultant Sharon Taylor -Ward presented the city with an award for Community Service Leadership of Appreciation. Mayor Insalaco read a proclamation designating April 2009 as Fair Housing Month and presented it to Housing Program Coordinator Heather Patel. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for their assistance in setting up for the Black Stallion Literacy Project.Senator Rebecca Rios and Representative Barbara McGuire also attended, along with Councilmember Barker. Numerous city staff and citizens volunteered and/or attended. CITY MANAGER'S REPORT Parks Superintendent Nick Blake gave a video presentation on the parks division of the parks and recreation department. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR LUCKY LIQUOR )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not in attendance.He 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. Vice Mayor Eck commented the recommendation is for denial. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 3 OF 44 City Clerk Kathleen Connelly stated the recommendation is for denial based on the fact that the city could not access the facility to do an inspection and that it appears that the applicant is interested in the license and not the location. Councilmember Serdy asked if he were planning to have a business here in Apache Junction. City Clerk Kathleen Connelly stated that is unknown. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR LUCKY LIQUOR SUBMITTED BY RONALD POMYKALA BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BECAUSE OF THE RECOMMENDATION FROM THE LIQUOR CONTROL BOARD AND THE INABILITY TO ACCESS THE PROPERTY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR FAMOUS SAM'S )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Steven Bailey commented they just recently took over this facility.It has been closed for a couple of years.It will be run by the corporate office. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 4 OF 44 He currently owns the Famous Sam's in Gilbert and the corporate office has asked him to partner with them to help get this one back up and running by summer. 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 discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR FAMOUS SAM'S SUBMITTED BY STEVEN RAY BAILEY BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-03, DECLARING APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ARTICLE 26 PLANNED COMMUNITY DISTRICTS A PUBLIC RECORD) ) Baker briefed the council on the item. Planning Manager Fred 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. Councilmember Barker asked how the recent Rhodes bankruptcy affects this or the next item because of the specific acreage size.There is 640 acres here. Planning Manager Fred Baker stated the Rhodes project is required to do a master plan for all 12 square miles.They have essentially the first 1,000 acres in their possession.Ordinance No. 1336 states a minimum REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 5 OF 44 of 640 acres and they can go over that amount.The bankruptcy is unrelated to this project in any way. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 09-03, 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 "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 26 PLANNED COMMUNITY DISTRICTS (PCD), BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1336, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1 BY ADDING ARTICLE 26 PLANNED COMMUNITY DISTRICTS )Planning Manager Fred Baker briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Ms. Tea commented there are that are now considered commercial with residences around them. She was concerned that they could now come in and put in an industrial park without having to change the zoning. Planning Manager Fred Baker stated he believes this really relates to another item on the agenda.This creates a district so that the application for a rezoning will address different land uses and the segregation of land uses so that there are not incompatible land uses.Staff feels that the plan they are working on will have a set of compatible land uses where they will not have industrial or a REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 6 OF 44 business park close to residential.They are trying to keep the more difficult to locate uses away from residential. Vice Mayor Eck commented if something like this industrial development wanted to be within the planned community district it would come before the council. Planning Manager Fred Baker stated that is correct.The zoning entitlement or map will identify specific areas with specific uses.Once it is complete, an applicant would still have to come back, particularly if they are coming back with a commercial or residential subdivision, they are required by state law to do a preliminary plat and a final plat.They are still working on the details for commercial or industrial on one parcel to have to come before the planning and zoning commission for a public hearing for the approval of that detailed site plan. Mayor Insalaco asked if this pertained to what she was talking about. Planning Manager Fred Baker stated it is to an extent.He believes that the one she is referring to is the ordinance later on the agenda where it talks about the notification of property owners for rezoning industrial property. Mr. Dave Janacek, 1480 S. Chaparral, Apache Junction, asked if the plan and plat they were speaking of is north or south of the Superstition Freeway. Planning Manager Fred Baker stated the planned community district can apply citywide.The reason for having it is because state land property is 90% south of the Superstition Freeway.There are pieces of state land north of the freeway, but the rezoning hearing will show most of this area mostly south of the freeway. Mayor Insalaco closed the public hearing with no further comments and reopened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 7 OF 44 Vice Mayor Eck MOVED THAT ORDINANCE NO. 1336 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1336, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-07, AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA LOCAL SOLICITATION PROGRAM )Grants Specialist Roger Hacker briefed the council on the item. Public Safety Director Jerald Monahan briefed the council on what the police department will be using the grant money for. Councilmember Barker commented they are anticipating having to upgrade the software. She asked if he knew how often this would have to be upgraded. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 8 OF 44 Public Safety Director Jerald Monahan stated he anticipated it would be annually. Councilmember Barker asked if he had a cost estimate. Public Safety Director Jerald Monahan stated he did not.He and IT staff will work on a plan to budget for that.They are currently paying several thousand dollars for maintenance costs on software vendors.He would anticipate this would be similar.The initial cost is $12,000; he would not be surprised to pay $1,000 to $2,000 per year in upgrades or maintenance issues. Councilmember Barker asked if this is something that must be used within the 24 month period. Grants Specialist Roger Hacker stated he believes they have up to 2 years to expend the funds. Councilmember Barker commented a piece of this could be tucked aside to pay for the upgrade next year. Public Safety Director Jerald Monahan stated they could write a reprogramming for those funds to pay for that upgrade. 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 Dietz MOVED THAT RESOLUTION NO. 09-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR PARTICIPATION IN ITS AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5) EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA LOCAL SOLICITATION PROGRAM, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 9 OF 44 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-08, AUTHORIZING SUBMISSION OF COMMUNITY ORIENTED POLICING SERVICES HIRING RECOVERY PROGRAM GRANT )Grants Specialist Roger Hacker briefed the council on the item. Public Safety Director Jerald Monahan briefed the council on where the positions would be used and the benefits provided by the grant. Councilmember Serdy commented it says the city is required to maintain this for four years. He asked what the penalty would be if they do not and who enforces it.He does not know what condition the city will be in in four years or what they could hold over the city's head. Grants Specialist Roger Hacker stated all the federal funds from the Department of Justice would be frozen if we do not live up to the contract. We would not necessarily get any more funds from them until we worked out a resolution of this problem with them.They have made it clear they would freeze any future funds to the city if we do not live up to this contract. Mayor Insalaco commented they only have to retain them for the fourth year. Grants Specialist Roger Hacker stated that is correct. Councilmember Barker asked if this is the same grant that Pinal County turned down last week. Grants Specialist Roger Hacker stated he believed so. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 10 OF 44 Councilmember Barker stated they felt very strongly that they could not anticipate future funds.She thinks she understood one of them saying last night that this does not have to be the same body every year. Grants Specialist Roger Hacker stated they would look at our application for the number of full time sworn officers we had when we submit.They would then audit it us at the end of the grant to see that we, in fact, had seven more sworn officers still full time on the payroll than we had when we submitted the application. Councilmember Barker commented the chief had mentioned there are people that may be thinking about retirement.She asked if we had a number of officers retire during the first year, she asked if their jobs could be filled as entry level and use this grant money.They would therefore not have to do the step process with these hires.They would have guy A who comes in the grant, someone retires, and they hire someone else using that entry level and he becomes guy A. Public Safety Director Jerald Monahan stated they could, and they could recoup the money between the higher paid salary of a twenty year officer versus a new hire. Councilmember Barker commented they have employee related expenses as two-thirds of the salary. Public Safety Director Jerald Monahan stated it is about 35 percent. Councilmember Barker commented it is actually 60 -some percent.She asked what employee related expenses are. Public Safety Director Jerald Monahan stated he did not know what figure she was looking at but it should be thirty-five percent. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 11 OF 44 Councilmember Barker stated it has $45,000 plus as salary and then there is $30,000 as employee related expenses. Councilmember Dietz commented that is for the first year. Councilmember Barker commented there is the same figure under the second year in employee related expenses. Councilmember Dietz commented this is according to the new one they were given last night. Assistant Manager Bryant Powell asked if that is the initial start up package. Councilmember Dietz commented the employee related expenses is the same amount on all 4 years. Councilmember Barker commented the employee related expenses remains the same for all 4 years and it is almost sixty -some percent.It is $30,000 as compared to $45,000 for the salary.It seems like an incredible amount of money. Councilmember Dietz asked what is entailed in the employee related expenses. Monahan stated they make than 35%, they have been until 6:30 this evening, It is about 35% and that that, which would not be Public Safety Director Jerald up 35%; if the number there is higher working through budget documents up and some of them are self -calculating. number clearly appears to be more than accurate. Councilmember Barker commented right now they have this grant paying $75,954 per officer, which includes $45,691 which is salary and $30,263 which is employee related expenses.She asked if the $75,000 will go down if the employee related expenses goes down or is that what the grant is paying. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 12 OF 44 Public Safety Director Jerald Monahan stated they do pay the employee related expenses, they just require it be at an entry level officer with the employee related expenses.The city is not responsible for those employee related expenses. Councilmember Barker stated she understood that.However, when the city has to pay those employee related expenses later, she wants to know what they are.If the $30,000 is wrong, it will be less than what was calculated. Public Safety Director Jerald Monahan stated that is correct.The city will be responsible for the employee related expenses in year 4. Councilmember Barker commented they would also be responsible for any new hires that they picked up at the same level later.She understands the need and empathizes with it.She has lived here almost her entire life.However, she fears putting this community into debt after three years; a mandated debt of over $1,000,000 after only 3 years.That is her problem.That is why she thinks Mr. Wilson asked how they could save this.She wanted to know what steps they could take where the council would be able to see it looks like we can get at least half of it.They could surely come up with the other half.She does not want to see other departments pay the price.She thinks there is importance in all areas of the city.That is her problem.She asked if he could help her to solve it. Public Safety Director Jerald Monahan stated they are asking the federal government to pour into Apache Junction $1.6 million if they go after the 7 positions.The funds come with a price tag.One of the options is to authorize them to pursue less than seven.Our portion would go down proportionately by every body that they reduce. It still allows them to go after some of the federal dollars that exist.They could have authorization to apply for these positions and then, depending on the outcome of the application process, use the option of reconsidering the request.They could reevaluate their position dependent upon their being approved.The competition for these positions nationwide is REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 13 OF 44 going to be huge.They could possibly ask for seven and not receive any.The concern would be the standing with the federal government if they apply and then alter their position.They want to maintain their creditability with the federal government and Department of Justice.If they decide to go forward, they need to be ready to go forward with what may be approved.They need to be able to meet the obligation.That is the best case scenario. Councilmember Barker asked if one of the positions is for the court. Public Safety Director Jerald Monahan stated it is not.There is a separate grant that Mr. Hacker is working on for that.The police department is prepared to partner with the court in providing the court security and court processes that Officer David Barnes had provided.The judge and he are working on a plan with a seasoned veteran officer to meet those needs.It will not be one of these new grant positions. City Attorney Joel Stern asked Mr. Hacker to explain the process on the competition and what the qualifications are for filing an application and how it will be graded. Grants Specialist Roger Hacker stated the applications will be reviewed by committees selected by the Department of Justice from law enforcement entities.The applications will be ranked according to the new number of jobs created, the number of jobs retained, and the number of officers that have been laid off that have been brought back into the fold.The application would be ranked by the narrative that he has included in the application, specifically how does this project advance community policing strategies in our community.They would then also look at the demographics of our community; we had to give a lot of financial information on the trends and revenue streams in the community. They are all taken into the evaluation in the ranking of our application.He added he stands by the numbers that were included in their report on the employee related expenses.He did a quick recalculation.They supplied those numbers to a worksheet that is part of the grant by the Department of REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 14 OF 44 Justice.They got the numbers that they input into the worksheet from the finance department.The Department of Justice calculated employee related expenses and came up with that $30,000 figure. Councilmember Barker asked if they really spend $30,000 per employee per year. Grant Specialist Roger Hacker stated our actual expenditures are 18% less than that figure. Councilmember Barker asked if there were excess monies collected, would they be able to put it into a coffer to pay for those employees in year 4 when the city is obligated to pay for them. Public Safety Director Jerald Monahan stated it does appear the federal government is prepared to give us more for the employee related expenses than we actually need, if these numbers are correct. Councilmember Dietz asked if we could use that money for the fourth year. Public Safety Director Jerald Monahan stated they could certainly consider reprogramming it. .Councilmember Barker asked if they could make it designated if it comes through at this rate that those extra funds could be used for nothing else.They would be put in a pot for that fourth year. Public Safety Director Jerald Monahan stated he did not know if the reprogramming would allow them to go year to year.They can reprogram funds, but he is not sure they could reprogram it into a second year. Councilmember Barker commented they could take and put that money into something else and then take the money we would have spent on something else and put it in the pot for the fourth year.That is not reprogramming. REGULAR MEETING OF THE CITY COUNCIL ' APRIL 7, 2009 PAGE 15 OF 44 Public Safety Director Jerald Monahan stated they would have to be concerned with an appearance of supplanting what would normally be other budgeted dollars with the grant dollars.There are restrictions on that. Councilmember Barker asked what they would do with the excess. Public Safety Director Jerald Monahan stated it would have to be reserved for future salaries. Councilmember Barker stated that would be for future salaries.They would be for the fourth year when we have to pay the salaries. Councilmember Dietz agreed that they would be used for the fourth year. Grants Specialist Roger Hacker stated he was looking it up to see if this is a reimbursement program.It looks like it is reimbursed on our actual expenditures. Councilmember Barker commented that this is then an up to amount. Vice Mayor Eck asked if the employee related expenses might include overtime for the employee for that period of time.He asked if overtime could be included in the employee related expenses. Grants Specialist Roger Hacker stated overtime is not allowed under this grant. Vice Mayor Eck commented overtime would not be a part of this grant whatsoever. Grants Specialist Roger Hacker stated that is correct. Councilmember Serdy asked what the city manager's opinion is on this grant as he is the chief budget organizer.He would also like to ask for a recess REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 16 OF 44 before we vote on this so that they can consult with the city manager.He does not want to burden the city manager with this if at all possible. City Manager George Hoffman stated he had been talking with staff and missed the question. He is curious if the federal government takes into account proportionate air conditioning and paper clips and supplies. Our finance people stated here is what insurance costs, but there is simply a difference in definition of terms.He is thinking that may also be a part of employee related expenses. He asked Councilmember Serdy what his question was. Councilmember Serdy stated he is the primary budget person.He would like to hear his opinion on this before they saddle him with it for four years.He would assume he is still working here in four years.He asked for his opinion on if he thinks the city can handle this. City Manager George Hoffman stated that is the most optimistic thing he has ever heard him say.As he mentioned last night, they do not even have their own current budgetary context in front of them.They do not know how much the budgetary gap is.He is estimating that it will be between 5% and 10% for the gap in terms of general fund budget.He thinks they will be facing issues of reducing other departments, other expenditures, assessing whether or not they fund Greater Phoenix Economic Council, the Chamber of Commerce, Main Street Program and the outside funding to groups.He is exploring scenarios with other municipalities where they are looking at fundamentally reducing the employees' rate of pay, perhaps through furloughs.He cannot categorically sit here tonight and tell them that they will not be looking at layoffs. We have done successfully voluntary separations.We know that our portion of state shared revenues through income tax will decline.We have every reason to believe, since it is a lag number, that it will decline next year and for several years to come.As they look at their budgetary scenario, he thinks they are almost in a situation tonight of making an assessment of whether they want to augment the police force with optimism about the state of the national, regional and local economy, or whether they want to view it as a strict budgetary analysis based on what is known today, it is very hard to for him to REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 17 OF 44 confidently say that they will have those revenues.If they choose to proceed, he believes that what Councilmember Wilson advanced was a brainstorm.They would need to save each year so that they can make the fourth year.It is a prudent middle ground approach to addressing the issue.He wants to be on record of supporting the chief in saying that we need more allocation of resources for public safety; we need more officers in this community.He does not think anyone is debating the need for officers.The question is if the city can afford in year four.Perhaps one way is to budget for the next 3 years. That means they lost 5 seasoned senior library staff as they took the voluntary separation.That bodes very well for not doing layoffs in the library.Councilmember Barker talked about not wanting to reduce the services in other areas.He finds no way to look at a reduction of 5 people in the library and tell you that they will have an enhancement of service.He thinks they will struggle mightily to keep things together.He cannot tell them what the financial condition of the country, state or local economy in four years.If they choose to proceed, he encouraged them to embrace the self discipline that Councilmember Wilson brainstormed. City Attorney Joel Stern stated the application is due May 18, 2009.This matter could be continued to the April 21 council meeting so that they could come back with the research that is needed. Mayor Insalaco commented that would be very wise.They might be able to get these numbers closer to what the reality is. City Manager George Hoffman stated he thinks they push very hard to tell the council what the budgetary gap is. City Attorney Joel Stern commented he has just been told it needs to be filed by April 14.They will not make that. Vice Mayor Eck commented they have 35 sworn officers and this would put them to 42.He asked if they would still have to have 42 positions in year four. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 18 OF 44 Public Safety Director Jerald Monahan stated they would have to have 42 positions in year four, but not year 5.In year 5 they can cease through attrition and it would have no penalties.In year four they would have to show 42 budgeted positions. Councilmember Wilson asked if they would have to have 107 in year 2, if using the number of 100 officers, someone moved on due to retirement. Public Safety Director Jerald Monahan stated they have to show budgeted positions, including these 7, through the 4 years.After the fourth year they could see vacancies that are not budgeted without penalty from the federal government. Assistant Manager Bryant Powell stated he is asking what would happen. City Manager George Hoffman is asking what would happen if they lost 2 in the second year. He believes the spirit of intent of the draft is that you seek to add to that higher staffing level.They cannot go 35, then 42, and then in year two 37, 36 and then back to 42 just in time to meet the requirement. Public Safety Director Jerald Monahan stated Arizona is facing the fact that it has been named as one of 16 states that will be under the scrutiny of the federal government, in particular for this grant.They will be looking to see if the city is maintaining the budgetary funding for the existing complement plus the seven during the four years. Mayor Insalaco stated he could understand why Pinal County turned it down. Councilmember Barker agreed. She added that last night Vice Mayor Eck agreed to possibly start these people at higher than entry level pay.The chief had nodded that it would work the city would pay the difference. The council understands that.She asked why they would want to start anyone at higher than entry level pay.She asked if the REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 19 OF 44 intent is to start these people at entry level or is the intent to kick it up a couple of steps. Public Safety Director Jerald Monahan stated the grant pays for entry level only.One scenario is to find individuals that are certified that are willing to come to Apache Junction at an entry level salary.He believes that is possible based on the lack of movement within the law enforcement community at this time.Experienced officers are willing to move and take that lower salary to get that movement.If we do find experienced officers, the city's practice is to offer a higher step based on a certain number of years experience.If we choose to do that, we would be responsible for the difference in salary for a new hire position.Either option is available. Councilmember Barker asked if it is his intention to hire someone at entry level. Public Safety Director Jerald Monahan stated his intent is to advertise these positions for certified officers at entry level salary and see what shakes out of that mix. Mayor Insalaco commented he has heard that Phoenix is talking about laying off a lot of officers.Those people would have the choice of working at entry level or being without a job. Public Safety Director Jerald Monahan stated that is a good comment.He has talked with his peers around the valley.The Town of Tempe is looking at asking for 24 positions through this grant.Their chief is telling him that is because they are going to lay off 24 officers.His understanding of this grant is that would not be an acceptable use.We are supposed to show over budget positions.The City of Mesa is looking at 100 of these positions.He could only imagine the price tag of that in year four.Scottsdale is not asking for any.Final County declined a request from the sheriff for legitimate concerns of fiscal management responsibility.This council has always supported public safety.Not pursuing this grant does not mean they do not support public safety. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 20 OF 44 Mayor Insalaco commented what bothers him is that if they cannot do it, they would lose all federal funding after that.That is where it sticks with him. Public Safety Director Jerald Monahan stated if they were to pursue half of these officers, the savings suggested by Councilmember Wilson could be as low as $75,000 a year to make up the portion in year four.The department could contribute a portion of that.It is a more manageable number that he and his staff can look at and try to make the difference, if they were to pursue 3 or 4 of these positions. Mayor Insalaco stated he thought that would be more palatable. Councilmember Dietz asked if they would have to submit the application for all 7 and then, if approved, then select the number of 4 or 5 or whatever may be, or, if awarded 7, would they have to fulfill all of them. Public Safety Director Jerald Monahan stated if they ask for seven and they award us that, we are obligated to fill all seven.If the direction from the council is to ask for less, then our application would reflect the number the council wishes. Assistant City Manager Bryant Powell asked if adding 3 would help in managing the overtime. Public Safety Director Jerald Monahan stated if the direction is to go with less, then he and staff would assign the numbers given and awarded in the most efficient and effective manner to affect the ability to cover shifts at minimum staffing level, which is a significant use of overtime in the police department.We do have the luxury of minor overlapping windows but those are not full shifts. Councilmember Wilson commented he was talking about adding one to each shift.If they gave them four, it would allow them to put one on each shift and have an additional one for dispatch or somewhere else. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 21 OF 44 Mayor Insalaco stated the extra one could fill in if someone was sick.That is the number he was thinking of. Public Safety Director Jerald Monahan stated with four officers they would look at four of the six patrol shifts and assign them per shift on those shifts that have the heaviest use of overtime.This is how they prioritized six earlier with one per shift.They can identify the greater usages of overtime and assign those bodies there. Councilmember Barker commented they would be looking at $300,000 for four in the fourth year and that is not taking into account any step increases.It will be somewhere between $300,000 and $400,000. Mayor Insalaco stated that cuts down the savings every year. Mayor Insalaco opened the public hearing on the item. Mr. Bob Reese, 5510 E. Jacob Waltz, Apache Junction, addressed the council.He asked if there is a statistic that puts the value on what seven officers can do in three years' time as far as saving lives and doing good in the community.He asked if that was weighing on their decisions.He appreciates them trying to balance the budget and their safety, but three years of funding for seven officers might do a lot of good. Mayor Insalaco commented he is right but it is what happens in the fourth year if they cannot do it.Then they are up the creek without a paddle. Mr. Bob Reese stated that is speculation on what the economy is going to do in the coming years and none of us know that.The money is there in front of us know and it is up to them to figure out how to pay for it later. Mr. Dwayne Buell, 612 E. Desert Avenue, Apache Junction, addressed the council.He asked REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 22 OF 44 if anyone estimated what kind of a growth rate the city would need in year four if the tax base remained the same in order for the city to comply with the t_rings attached to this grant. Assistant City Manager Bryant Powell stated the general fund city sales tax used to be around $10 million a year.We have gone to another 5% or 10% below that, which would be about one million.We would need to have that million back.We would have to increase it by 10% to make it. Mr. Dwayne Buell stated he saw the figures last night and they are still going down. Assistant City Manager Bryant Powell stated the real question is who knows. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Serdy asked when the .2% sales tax drops off. There was general discussion and it was determined it is August 2010. Councilmember Coleman asked how much the .2% generates a month. Assistant City Manager Bryant Powell stated it would be $800,000 divided by twelve. Councilmember Coleman commented it generates $800,000 per year. Assistant City Manager Bryant Powell stated that is this year. City Manager George Hoffman stated their political decision -making environment may change if the state substantially increases the sales tax rate to deal REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 23 OF 44 with their budgetary problem.Not that they would not do it, but people may be more sensitized to the sales tax issue. Councilmember Barker stated they would if they go up a couple of percent. Mayor Insalaco stated it is very possible they could.He closed the discussion with no further comments and called for a motion. Vice Mayor Eck commented he had talked earlier about continuing this for a break before they vote as they had just discussed it for the'first time last night. City Attorney Joel Stern stated he would not recommend that.If they are going to discuss this, it should be here. Vice Mayor Eck commented they cannot continue it. City Attorney Joel Stern they could but they would not make the deadline. Mayor Insalaco commented he wants to take a break right now. City Attorney Joel Stern stated they can take a break but please do not discuss this. Vice Mayor Eck asked if they could talk to the city manager. City Attorney Joel Stern stated everything should be in public. Vice Mayor Eck commented then they might as well not take a break. Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 24 OF 44 Councilmember Barker commented we need a few more police officers, probably as many as 30, but we cannot possibly do that.She certainly cannot see them going for seven.She MOVED THAT RESOLUTION NO. 09-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR PARTICIPATION IN ITS AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111- 5) COPS HIRING RECOVERY ACT, TO INCLUDE 3 OFFICERS, BE APPROVED. There was general discussion on the number of officers they wanted to approve. Councilmember Barker withdrew her motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 09-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR PARTICIPATION IN ITS AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5) COPS HIRING RECOVERY PROGRAM, BE APPROVED FOR FOUR POSITIONS. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. (Councilmember Coleman commented it is the uncertainty that gets to him and the time pressure is very difficult.He thinks they will need to take a look at, no matter what the states does, not just the police department but all of our departments that are struggling.His thought is that they have the .2% that will sunset next year and perhaps they could look at using that strictly for salaries and that a certain portion be allocated for public safety and a certain portion to parks and recreation, city clerk and city attorney and the other departments.) (Councilmember Serdy stated he is usually overly conservative on budget, but he thinks they owe it to the officers to put as many out there as we can and be optimistic that George can sort this all out in a couple of years.) REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 25 OF 44 (Councilmember Wilson voted yes with the emphasis that they do as much as possible to put away the money each year in a special account to hold it for the fourth year.He may or may not be up here for the city council so he does not want to force it on the people who come up after him, but he would like to possibly see it funded through the next 3 years.) The motion carried. break. meeting. Mayor Insalaco called for a Mayor Insalaco reconvened the ORDINANCE NO. 1340, ANNEXATION OF APPROXIMATELY 123 ACRES OF PRIVATE PROPERTY AND ASSIGNING CITY ZONING TO THE PROPERTY OWNED BY FORTUNE TRAVEL, INC./ORDINANCE NO. 1341, AMENDING ZONING DISTRICT MAP FOR A 111 GROSS ACRES PROPERTY LOCATED AT SOUTHEAST CORNER AREA OF MERIDIAN AND SOUTHERN FROM GENERAL RURAL TO TRAILER HOMESITES BY PLANNED DEVELOPMENT ) )Senior Planner Rudy Esquivias briefed the council on the items.He commented these items are not ready to be heard tonight as the third item, the development agreement, has not been signed. Councilmember Coleman stated the packet has pictures of houses in it.He does not see any lots where those houses will fit. Senior Planner Rudy Esquivias stated he would have to go back and check the floor plans and then the site plan to see which models would match up with those lots.He does not have that information in front of him right now. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 26 OF 44 Councilmember Coleman commented they are not asking for the normal 5' and 10' setbacks; they want 5' and 5'. Senior Planner Rudy Esquivias stated that is normal for a manufactured home park. Councilmember Coleman commented that even with that, he does not see how any of the products they are trying to sell us on will fit. Senior Planner Rudy Esquivias stated he would ask Mr. Lake to give them some conceptual site plans for how those products will fit on the lots. City Attorney Joel Stern stated he asked Mr. Lake today that same question for Councilmember Coleman and he said he would be prepared to bring an answer on the next meeting, which he recommends be May 5. Vice Mayor Eck asked if they can say they want a guaranteed development agreement if they are even going to put it on the agenda.If they put it on the agenda and they have a public hearing without it, it would just be continued again. City Manager George Hoffman commented when you create your own deadline, time in negotiations can be extremely important.If they create a timeline for themselves, it means to the applicant that the deal points they have, if time is the most important variable, then the applicant gives up on those deal points. Vice Mayor Eck asked why it is even on the agenda if they do not have a development agreement. City Attorney Joel Stern stated the developer gave us a schedule that the requested and we met everything we were supposed to.The development agreement was back in their hands 4 to 5 weeks ago and they took their time over some language.He met with Sean Lake last week on some of the bullet points and they want some revision on some REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 27 OF 44 language.He thought it was in perfect order.They do have some concerns over some of the language.This is the second or third draft so far.Mr. Hoffman and he met with Sean Lake and the developer and they thought they had all the bullet points worked out. Councilmember Dietz commented he thought that he had been told that all the points had been basically agreed upon and everything was ready to go. City Attorney Joel Stern stated the concepts were agreed upon and the language was not necessarily agreed upon.This is also a settlement agreement on some of the drainage issues.Some of that language they did not like and they wanted to strike it.We had to work some of those issues out and we are still working on them.He has a meeting with the city engineer in the next few days to talk about some of the issues that were brought up last week.If they do not put a date specific, the city will have to ask for another fee for the publication date.They would have to get this settled in the next week -and -a -half to get it on the agenda.They may want to go later and have a pretty good chance of getting it done.That would be May 19. There was general discussion on the council regarding the date to continue it to.The general consensus was May 19. Mayor Insalaco opened the public hearing on the items. Councilmember Barker MOVED THAT ORDINANCE NO. 1340 AND ORDINANCE NO. 1341 BE CONTINUED TO MAY 19, 2009. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1337, AMENDING APACHE REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 28 OF 44 JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ARTICLE 13, SECTION 13.0104 REQUIRED LIST OF PROPERTY OWNERS Baker briefed the council on the item. Planning Manager Fred City Attorney Joel Stern stated it is highly recommended that if they do pick a number that they do not say up to.They should pick a black and white number so there is no discretion.The reason is to avoid any. kind of due process or unfettered discretion arguments that an aggrieved party could make. Mayor Insalaco agreed. Councilmember Coleman asked if this is only for industrial zoning. Planning Manager Fred Baker stated that is correct.It is only for requests to rezone any property to an industrial zone. Councilmember Coleman stated if they are rezoning from residential to commercial it would still be 300 feet. Planning Manager Fred Baker stated that is correct. Councilmember Coleman commented that is basically what everybody does. Planning Manager Fred Baker stated that is correct.Their research for the planning commission identified that most cities have 300 feet; the City of Eloy gives some staff discretion.All other cities were 300 feet for all rezonings. Vice Mayor Eck commented one of the things not discussed at the planning commission in changing it to 1,500 feet was the actual cost. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 29 OF 44 Planning Manager Fred Baker stated there were a couple of issues.The 1,500 feet was an outgrowth because the neighbors in the area, as these were large lots, were beyond the 300 feet but felt that this project impacted their neighborhood.The number was looked at where this large property is and how other large lot residential properties might be affected.The cost factor at the planning commission was talked about and considered in terms of the advertising costs, the minimal additional costs to staff and some discussion on being business -friendly or not in asking a little more on an industrial project that wants to rezone to industrial than other property owners.The planning commission recommended 1,500 feet at the conclusion. Vice Mayor Eck commented everybody wants recycling but they do not want it next to their residence.If this had been down in an industrial area, they would probably not have heard anything but positive things about it.If a business wants to succeed, they will go past the 300 feet and get the neighborhood support.He has never seen a development come in and go with the minimum and not try to gain the area's support to get it passed before the council. Planning Manager Fred Baker stated this project was withdrawn but they did have intentions to have a neighborhood meeting and to notify people beyond the 300 feet.We had people who had attended the planning meeting and a list of people that were going to be notified of a special neighborhood meeting that never did occur. Vice Mayor Eck commented that if they had wanted to succeed, they would have originally done that up front.That is what he has seen other developers do. Councilmember Serdy asked if the planning and zoning commission was unanimous at 1,500 feet. Planning Manager Fred Baker stated that is correct. Councilmember Serdy asked for their reasons on that. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 30 OF 44 Planning Manager Fred Baker stated it related to this particular case in order to allow for an industrial use.If you look at the variety of industrial uses that are allowed in our zoning ordinance, some of them are relatively objectionable next to residential property.They wanted to be notified of the public hearing so that they could state their position, and in this case it would have been in opposition. Councilmember Serdy commented in this case it was to protect peoples' property and privacy. Planning Manager Fred Baker stated some of the issues that came up were certainly protecting their privacy and safety.This particular project was proposing large vehicles to enter and exit the site.There was some concern that some of the vehicles might be in conflict with the residential traffic in the area and the kids going to school. Mayor Insalaco opened the public hearing on the item. Mr. Dave Janacek, 1480 S. Chaparral, Apache Junction, addressed the council.He asked if they are trying to get an okay out to 1,500 feet for what. Planning Manager Fred Baker stated the application for this use has been withdrawn.It is no longer on the table.The outgrowth was there were some concerns from the citizens who felt that the neighborhood was not adequately notified.As a result, the proposal and discussion at the planning commission was for any future requests to rezone industrial property. Mr. Dave Janacek asked if the planning commission agreed to keep the 1,500 feet alert when they have an industry in a residential zone. Planning Manager Fred Baker stated the planning commission makes a recommendation to the city council and the city council makes the final determination. This particular property was commercial property asking for industrial rezoning adjacent a large auto wrecking yard that has REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 31 OF 44 residential zoning.Beyond the 300 feet there is large lot, rural type developments.If they are beyond the 300 foot radius, they were not notified of the public hearing. Therefore, 1,500 feet was discussed in terms of how far out on a project like this would the city be able to notify the neighborhood.The discussion at the city council work session was about in an industrial area where these types of uses really belong, there are larger lots.A smaller notification would be appropriate. Mr. Dave Janacek commented there is no reason to discuss this any more as it was withdrawn. City Attorney Joel Stern commented the speaker is probably not aware of this.The process is the speaker speaks their mind and hopefully staff is taking notes and answers the questions.It would not be broken up like it is now.He believes the speaker has one more question. Mr. Dave Janacek asked if the 1,500 foot warning is not appropriate because it will only be used in industrial zones. Mayor Insalaco commented the 1,500 foot notification currently does not exist. City Attorney Joel Stern commented currently state law says 300 feet for all types of zonings.The case the speaker is talking about is dead; it is done and we are not talking about that case at all. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He recommended the council take the planning and zoning commission's 1,500 foot recommendation for industrial sites because there are a lot more hazards and concerns than there is in commercial.At 500 feet with these large lots only 2 properties might be notified. Mr. Dwayne Buell, 612 W. Desert Avenue, Apache Junction, addressed the council.He asked REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 32 OF 44 where the piece of property is located that brought this topic into the spotlight. City Attorney Joel Stern stated it is close to Tomahawk and next to the landscaping place at 12th Avenue. Ms. Tea Coleman, 1091 S. Bowman, Apache Junction, addressed the council.She lives about 1,000 feet from the area and her concerns were children walking to school, safety, noise pollution, air pollution and the lighting being changed in the community.Possibly 4 residences would have been notified at 1,500 feet, which is more than none. She urged them to choose 1,500 feet.She also advised that the business is still operating in the area even though the rezoning is a dead issue.They are still running big trucks up and down 12th Avenue, impacting the community from Old West to Broadway and from Tomahawk to Cortez. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He stated planning and zoning 'sometimes infringes on property rights, but there are certain cases where they are issues of health and need to be looked at carefully.He would be careful where they place industrial businesses. Ms. Sherry Webb, 1584 S. Bowman, Apache Junction, addressed the council.She requested they consider the 1,500 feet on industrial rezoning because of historical values, archeological values, the safety environment, new businesses, air quality, groundwater, traffic and outdoor entertainment. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Wilson commented they had recently discussed that the large lot area would have minimal impact.In some of the other commercial areas that would want to do some industrial zoning on smaller lots, the impact would be tremendous.He asked if they can pass REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 33 OF 44 the notification costs on to the developer if they increase the numbers of notification. City Attorney Joel Stern stated the mailings are the developer's cost. Councilmember Wilson commented we pass this on to them. City Attorney Joel Stern stated we do for the 300 foot notification.If they do the 1,500 feet, it would be an additional cost for the developer. Councilmember Coleman commented the trade-off is then people say the city is not business -friendly.Every other city requires 300 feet.We would be requiring 1,500 feet.He thinks this guy went wrong in where he was trying to put it as they have always tried to keep the area between the Y and north of Broadway low density.To try to put an industrial -type business there does not fit the community.He could have told him that on day one.With the notification, they are talking about giving the opportunity to people to come here and see that the city council will protect those areas from that kind of development.Even if no one had come, he does not think that development would have gone through this council.He asked if they could restrict the 1,500 feet to those areas that are low density.In some areas it may not be appropriate to raise the cost that much. City Attorney Joel Stern stated there could be language that could be put in that talks about low density and referring to the general plan.They could come up with something if they had direction to do that. Vice Mayor Eck asked about it involving low density and the location being adjacent to residential or not. City Attorney Joel Stern stated if he had direction he could do that.They would have to continue this matter. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 34 OF 44 Vice Mayor Eck commented he is concerned if they just say industrial outright when they have an industrial area down south.There is not a need for 1,500 feet there.He agreed with what Councilmember Coleman stated in the area of the Y.He would not even think of a business applying for that area.He asked how they could stop that from happening. Mayor Insalaco commented without the public outcry. Vice Mayor Eck asked how they could stop the 1,500 foot notification and have the business go through the process and have the neighborhood upset because their neighborhood is being jeopardized.He asked if the 1,500 foot notification would realistically do it in areas where there are large lots. City Attorney Joel Stern stated there is a public participation provision of the law which requires the developer to have public meetings in addition to the public hearings. Vice Mayor Eck commented that is what he wondered about.It seems that everyone that succeeds does that. City Attorney Joel Stern commented he recalled at the planning and zoning industrial issue had many of the people showing up and saying they had never gotten notification and they got a phone call that day. That is why they were there.Some of them did not even hear about the public participation meetings.It does come down to business owner, if they really want the business, to do public outreach beyond the 300 foot level.They should go door to door and say they are having a public meeting on this and invite the residents to come.There is that incentive for the business owner to do these activities. Councilmember Coleman asked if in this instance the proposed rezoning was adjacent to residential or to commercial and then residential. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 35 OF 44 City Attorney Joel Stern stated he thought it might have been both.The residential was across the street and it was adjacent to CB -2 and also a junkyard that had non -conforming status. Planning Manager Fred Baker stated that was correct.On two sides they had the auto junkyard that has been there for over 20 years.That property was joined GR.The property that they were requesting to rezone to industrial was commercial use.They did have a commercial use adjacent to them on one side.The large lot residential was on the other side of the junkyard. Councilmember Coleman asked how many of those properties the 300 foot notification hit. Planning Manager Fred Baker stated three property owners.The neighborhood notification procedure, by state law, is required for the neighborhood meeting for those within 300 feet. City Attorney Joel Stern commented for the rezoning it is.He believes it is also 300 feet for the neighborhood participation. Planning Manager Fred Baker commented he does not believe that is in the ordinance. City Attorney Joel Stern stated it is.We mirror the state law.He added they can come back with some language after hearing some of their comments tonight and bring it back with proposed language. Mayor Insalaco commented if it is not necessary to get this done tonight he feels he would rather have it brought back with language that would protect the residents. Councilmember Serdy commented that just a simple change to 1,500 feet protects the residents. Mayor Insalaco commented they might not be business -friendly because it could be in an REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 36 OF 44 industrial park and one business could say it does not want that business next to it. Councilmember Serdy commented they could overrule it. Mayor Insalaco restated it is not being business -friendly.Putting that type of industry in that part is not kosher. Councilmember Coleman commented they hardly ever have requests for industrial rezoning. City Attorney Joel Stern stated he has been here for 12 years and they have had maybe a handful. Rudy could probably attest to that. Councilmember Coleman stated he could remember two. Senior Planner Rudy Esquivias stated the only two that he could recall was the Belucci property on Southern and Idaho and the Baseline Industrial Park which was already developed.There is not that much industrial zoning in the city and most of it, except for Mr. Belucci's property, is from the county days.They have Baseline Industrial, 17th and Tomahawk, a 20 -acre piece off of Meridian and south of the Safeway, Southern and Idaho, and little bits and pieces here and there. Mayor Insalaco called for a motion. City Attorney Joel Stern stated the motion should be for a date certain so that it does not have to be advertised again. Councilmember Wilson MOVED THAT WE MAKE SOME MODIFICATIONS TO THIS PROPOSAL TO MAKE IT TO WHERE THERE IS MORE AREA COVERED FOR THE RESIDENTIAL LARGE LOT AREA AND BE LESS IMPACTNG ON THE SMALLER INDUSTRIAL ZONE AREAS; AND WE BRING IT BACK ON JUNE 16, 2009. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 37 OF 44 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker commented she thought they got tied up on a zoning issue rather than a notification issue.When this comes back, it needs to reflect notification and forget the mess that occurred over there.The council realizes the problem based on it but it no longer exists. ORDINANCE NO. 1329, AMENDING APACHE JUNCTION CITY CODE VOLUME 1, CHAPTER 9, ARTICLE 9-5, SECTION 9-5-4(A)PERMITTED DAYS AND HOURS OF COLLECTION AND ARTICLE 9-6, SECTION 9-6-2 PERMITTED DAYS AND HOURS OF COLLECTION ) )City Attorney Joel Stern briefed the council on the item. Councilmember Barker commented that this has nothing to do with the prior matter. City Attorney Joel Stern stated it does not. Mayor Insalaco opened the public hearing on the item. Mr. Dave Janacek, 1480 S. Chaparral, Apache Junction, addressed the council.He asked if there already is an ordinance covering the ability to collect recyclable trash. City Attorney Joel Stern stated currently if a service provider of trash wants to allow for recycling, they would still have to pick up trash twice a week.This would make it easier for the collection agency as REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 38 OF 44 they would only have to pick up trash once a week and then recycling once a week.They could do it in the same pick up. Mr. Dave Janacek asked if the recyclable trash is covered by the regular trash ordinance, or are the two of them being differentiated right now. City Attorney Joel Stern stated they would be differentiated right now if it is passed. Mr. Dave Janacek asked if they would be taking comments at a future meeting on this. City Attorney Joel Stern stated it was up for adoption tonight. Mr. Dave Janacek asked if this one day/two day collection is going to be approved by ordinance, could they also insert in the lingo that the trash pick up outfit be located in the regular industrial zone south of Highway 60. City Attorney Joel Stern stated that would be illegal. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.As long as it is optional he does not see a problem with recycling. There was general discussion that this is just an option for people, it is not a requirement. Mr. Dwayne Buell, 612 E. Desert Avenue, Apache Junction, addressed the council.He asked if this is being brought up now because there is a company now interested in providing recycling. Councilmember Barker commented this is being brought up because we need to have it available in case there is a company that expresses interest in recycling.The city would not have had the ability to allow them to do that.We have not talked to any company thus far that is interested. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 39 OF 44 Ms. Tea Coleman, 1091 S. Bowman, Apache Junction, addressed the council.She stated there is a company named Rightaway Disposal that is doing this. They are the ones that set up the shop on 12th Avenue, Tomahawk and Old West Highway and they wanted to do a first stage recycling and sorting center.They are asking for this even though they have not approached the council to bluntly ask for it.She is in support for one or two day pick up for curbside recycling. Councilmember Barker commented in actuality she brought this up two -and -a -half years ago.It has taken two years.She does not know anyone from Rightaway nor has she ever talked to them or met with them.It has to do with nothing but the fact that many members of the community have asked for the ability to recycle. Ms. Tea Coleman stated they will be the first one in asking for it.They have made it very clear to their customers that that is what they are headed for. Mr. Mark Helm, Rightaway Disposal, addressed the council.He stated they are looking for a recycling facility, they have relocated, and they are still parking trucks out there on commercial property.They have not recycled or dumped any trash onto the property.He is interested in recycling and has delivered 6,000 containers in the Johnson Ranch area where they do recycle, pulling 12 tons a week in recycling from there.They have 2 cans, one for trash and one for recyclables.He would love to offer that option here. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He is sure the council has made it known that they would not put a recycling center within a low density.Somewhere there will need to be a recycling center. 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 APRIL 7, 2009 PAGE 40 OF 44 Councilmember Serdy commented they had a presentation on a new landfill in Florence Junction. There was general discussion regarding the new landfill that will be between Florence Junction and Florence. Vice Mayor Eck commented it is ironic that for as long as Councilmember Barker has been trying to get the recycling on the agenda that it come back to back on the same night.They are not supposed to be related. If recycling came here, it could be a current company in business here now.They will not pick up twice a week; they will pick up once a week.They do not have that capability. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1329 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember 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. 1329, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 41 OF 44 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, APRIL 20, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, APRIL 21, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council to oppose the grant adding police officers. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the ordinance on the height of fences on large lots. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council regarding the Awareness Walk. Mr. Mehmood Mohiuddin, 2341 N. Apache Trail, Apache Junction, addressed the council to thank the council for the development REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 42 OF 44 fee agreement and to request an extension on putting in the landscaping due to a loss of funds. Mr. Joe Severs, 1904 E. Schooner, Gilbert, addressed the council regarding the Hitching Post Pizza Pub and requested the development services director be allowed to issue a temporary certificate of occupancy or temporary use permit so that the business could open and make money, allowing them to pay sales tax and put in the landscaping required. ADJOURNMENT Mayor Insalaco adjourned the meeting at 9:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 17, 2009. 3. Consideration of a Cable TV Technical Consulting Services Agreement between the City of Apache Junction and Kramer.Firm, Inc. 4. Consideration of Resolution No. 09-05, approving an intergovernmental agreement with Pinal County for reimbursement of overtime and employment related expenses incurred due to Pinal County Local Law Enforcement Agency participation in the Governor's Office of Highway Safety Contract for the High Visibility Impaired Driving Enforcement Program. 5. Consideration of the purchase of a replacement plotter/scanner in an amount not to exceed $44,160.26 for the Public Works department. ACCEPTED THIS 21ST DAY OF APRIL, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL, 2009. REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 43 OF 44 ATTEST: , "7-7 /7,2 _ 77. KATHLF.PN CONNFLLY 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 7th day of April, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th of April, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 2009 PAGE 44 OF 44