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HomeMy WebLinkAbout2009-04-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 21, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 21, 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 Councilmember Coleman 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 Parks & Recreation Director Jeff Bell Public Works Director David Fern Development Svcs. Director Brad Steinke Econ. Development Dir. Steve Filipowicz Others Present:Captain Tom Kelly Administrative Assistant Barbara Duft REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 1 OF 39 Sergeant Troy Mullender Grants Specialist Roger Hacker Telecommunications Admnstr. Kathy Jeter Presiding Magistrate James Hazel Chief Clerk of the Court Shelly Fulcher Community Relations Manager Pat Brenner Victim Advocate Coordinator Judy Robles 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. M14 AND M15 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. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation declaring May as "Motorcycle Safety and Awareness Month" and presented the proclamation to Teri Kelley of the Modified Motorcycle Association. Mayor Insalaco read a proclamation declaring April 25 -May 2 as "National Crime Victims' Rights Week" and presented the proclamation to Victim Advocate Coordinator Judy Robles. Members of the Lost Dutchman Marathon Committee presented a check for $12,000 as their donation to the Parks and Recreation Department Scholarship Fund. Mayor Insalaco presented Certificates of Achievement to the graduates of the 11th Citizen Leadership Institute. ANNOUNCEMENT OF CURRENT EVENTS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 2 OF 39 CITY MANAGER'S REPORT City Manager George Hoffman expressed his gratitude and appreciation for the work done by the entire staff of the police department. PUBLIC HEARINGS RESOLUTION NO. 09-11, AUTHORIZING SUBMISSION OF APPLICATION FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE HIRING OF TWO POLICE TELECOMMUNICATIONS OFFICERS/ RESOLUTION NO. 09-12, AUTHORIZING SUBMISSION OF APPLICATION FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE HIRING AND TRAINING OF A CRIME ANALYST AND ACQUISITION OF COMPUTER SOFTWARE TO SUPPORT THE POLICE DEPARTMENT/ RESOLUTION NO. 09-13, AUTHORIZING SUBMISSION OF A BYRNE COMPETITIVE GRANT APPLICATION TO HIRE A COURT COMPLIANCE OFFICER ) )Grants Specialist Roger Hacker briefed the council on the items. Captain Tom Kelly briefed the council on what the impact would be with the increased number of police department employees. Councilmember Barker commented they are asking for three personnel for two years and we have to write a retention plan for beyond those two years. We would like to be there, but we are not tied to it. Captain Tom Kelly stated that is correct.We have to come up with a plan on how they propose to sustain the positions.They had originally proposed some other positions, but they looked at the situations where they had to prioritize because of the economic situation.They are coming up with ideas from staff on how they can sustain the positions. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 3 OF 39 Councilmember Barker commented the chief had mentioned last night the possibility of attrition.Instead of filling an opening, they could move one of these into that employee slot, not their particular field, in order to help absorb the third year.There were several very good ideas brought up last night. Captain Tom Kelly stated there are a variety of good, proposed ideas on what could make this happen and they will be able to articulate how they can sustain these positions.However, there are no guarantees as they do not know what is happening tomorrow let alone 3 years from now.It is an opportunity they have looked at seriously. Grants come up periodically.The Byrne grant has been around for a number of years through other funds.A councilmember asked whether the Byrne grant would come up after this.There could be a variance of it, but there are no guarantees.They have not gotten the information as to whether this specific grant under Byrne would be renewable after 3 years. Councilmember Barker commented they appreciate the effort the police department has made to reach a compromise on the number of personnel they have requested and how hard they have tried to find ways to do what needs to be done. Vice Mayor Eck commented the chief said a number of times on all these drafts that the department will be able to help out hopefully with some overtime and other things.He clearly stated that they will not be able to do it on just the police department revenues.His concern is that they do have a strategy.The police department is going to try to do the best they can, but the council will have to be prepared on this one by the third year and on the fourth year by the other one.He hopes they have that strategy.If they have something else that comes in place, another grant or something like that, or a retirement, that will be great.But they have to plan for if we do not get that. City Manager George Hoffman commented they are facing a budgetary shortfall.Expenses are anticipated to exceed revenues.We know that state -shared income tax will continue to fall in subsequent years.It will REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 4 OF 39 not only be a matter of wanting to do good planning, it will be a matter for the city council when we come back to make some tough budgetary choices.Currently, staff and he are working on providing them with a draft budget and they will be proposing some hard choices.He would like to implement the advice that Councilmember Wilson had offered on the COPS grant where we seek to set aside a proportionate amount to pay, in this instance, for that third year.In its idealized form, it would mean putting that money aside in the next budget and not utilizing it, and doing the same thing the following year and not utilizing it.They would be rolling that money forward so that in year three they have it paid for.It is a good, budgetary self-discipline.He wants to be clear that he is supportive of these positions, but know that it comes at the price of some substantial budgetary self-discipline.It will mean cutting some things that they probably do not want to cut. Vice Mayor Eck commented they will find out at budget time. Councilmember Coleman commented Captain Kelly mentioned how the population nearly doubles in the winter time.He asked if the calls received also double, triple or increase a third during that time. Captain Kelly commented he would have to go back and look over the last 3 years.He usually uses a three-year window.He is not sure if any of the staff has gone back and looked at that.They normally see elderly winter visitors coming down and they have a lot more non -crime calls; there are needs for medical assistance which are still life -threatening.They see an increase in fatalities because of just elderly people coming down and being involved in accidents.The accidents do increase as do the medical alerts. He could not say the percentage of increase. Councilmember Coleman commented he would be real interested in seeing that. Captain Kelly stated Telecommunications Supervisor Kathy Jeter just stated the calls at least double.He could get a more specific answer for him at a later time. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 5 OF 39 Captain Kelly thanked him for the kind words for the people in his division.They deeply appreciate it.They are the ones that do the hard work. Grants Specialist Roger Hacker commented if it is the intention of the council to pass Resolution No. 09-12, the language has to include not to exceed $156,000.There was a typographical error in the packet.He then called the judge up to brief the council on the grant for the court compliance officer. Presiding Judge James Hazel briefed the council on Resolution No. 09-13. Mayor Insalaco commented they went over these items well last night. He opened the public hearing on the items. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He commented he does not see how they can fund this unless they make drastic cuts down the road in other departments.He asked them to legislate with care and watch the purse strings. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented on his economic concerns regarding the city. Mr. Lenny Cota, 2200 N. Delaware Drive #110, Apache Junction, addressed the council.He stated he believes this will be taken care of and to go for it. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Barker commented she feels more comfortable with these particular grant applications because, though they would like to retain these people in the third year and it is the goal, they are not mandated to retain them.In the others, they are mandated to pay those salaries during an unfunded year. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 6 OF 39 Vice Mayor Eck commented he believes they are preparing for the future.It is all about coming to the Monday night meetings instead of missing them and only coming on Tuesday night and not hearing all the discussion. There were originally 12 positions being requested and overall they are only going to hire 7 with both grants.They took that foresight in while preparing for the future.They spent hours on being financially prepared for the money for these positions, the patrol sworn officer in 4 years and the other positions in 3 years.Regarding the comment about this building and the library, this building will be paid off next year.He believes they did a good job by building when they did and saving $6.5 million up front.The multi-gen, aquatic center and most every building they built will be paid off.He believes they have done a very good job. City Manager George Hoffman commented he wanted to affirm Councilmember Barker's point.He understands it is not an obligation to fund year three.He asked if they are making a commitment to fund year three or are they articulating a plan on how to fund year three. Grants Specialist Roger Hacker stated we are articulating a plan on how they would fund year three. Councilmember Barker commented they will want to do that if at all possible. Councilmember Dietz commented it is a requirement for the grant. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 09-11, 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 COMPETITIVE GRANT PROGRAM, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 7 OF 39 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RESOLUTION NO. 09-12, 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 COMPETITIVE GRANT PROGRAM, WITH THE FOLLOWING AMENDMENT CHANGING THE FIGURE OF $152,000 IN NUMBER TWO TO THE FIGURE OF $156,000, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT RESOLUTION NO. 09-13, 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 COMPETITIVE GRANT PROGRAM, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a short break. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 8 OF 39 Mayor Insalaco reconvened the meeting. POSSIBLE AMENDMENT TO THE FEBRUARY 2009 ECONOMIC DEVELOPMENT AGREEMENT WITH DASH IN OWNER MEHMOOD MOHIUDDIN TO POSTPONE TRAFFIC DIVERSION AND LANDSCAPING )Mayor Insalaco stated he requested this item be put on the agenda to see if they can get clarification and help out the business.He requested the applicant address the council. Mr. Mehmood Mohiuddin, 2341 N. Apache Trail, addressed the council.He stated he is opening up a pizza place and bar called the Hitching Post.He asked if the council would allow them to open up inside and generate some revenue due to the economic situation, and then do the improvements to the outside, including the dividers for the driveway, the landscaping and painting the parking spaces.He was here last night and the council members were interested in his getting some kind of barricade or something to help with safety.He went out this morning and put up some traffic barricades and taped it up to define the parking lot from Highway 88 and Lost Dutchman.The light pole and the gas pump are on this side of the barricades, preventing anyone from cutting across and making a hazardous or safety situation.It was brought to his attention last night and he secured the premises this morning.He hoped that would help them with the situation so that they can get by temporarily until they can get some funding to finish the outside. Councilmember Wilson commented one of his concerns is going to a facility and having a hard time determining where he needed to park or where the entrance and exit are.It might influence him on attending it again.He would highly recommend that before they even consider opening up that the parking spots be striped to start out with. It would help people understand where to park and where people should come and go.It is all open in that area now.It would create a major headache and might influence people not to come back. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 9 OF 39 Mr. Mehmood Mohiuddin stated he is correct.They have drawn chalk lines in the lot to define the parking spaces.In the daytime, the people are parking within the chalked lines.That was done over a month ago.The chalk lines then disappeared and they have chalked them in again.The people are again parking in the designated area where the chalk lines were made. Councilmember Barker asked if the chalk lines are visible at night. Mr. Mehmood Mohiuddin stated they are.They have bright lights outside at the Dash In and they are going to install big lights outside at the Hitching Post Pizza Pub which will brighten up the area more. Vice Mayor Eck asked if the contract covers all safety issues, which would cover traffic diversion.The traffic diversion would have to be done before it could open. City Attorney Joel Stern stated the original agreement in February did require everything be done before a certificate of occupancy could be granted. Vice Mayor Eck commented he is reading from something dated April 21, 2009. City Attorney Joel Stern stated he did a draft amendment and supplied it to the developer very recently.The opinion of the building official and himself from a litigation and liability issue would be that the traffic barriers should be put in before any kind of temporary certificate of occupancy is given.If the parking delineations and where the turn in would be are not in place, in his opinion that could be a liability issue if an accident occurs.There is an indemnification provision in the original agreement that says if any accident occurs and the city gets sued, even though it is not our right-of-way, and there is an agreement that allowed for the building to be opened for business, his opinion is that the city would probably get sued.The developer has agreed to indemnify us, which means if the city gets sued, the developer will defend the city and pay for the defense by an attorney of REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 10 OF 39 the city's choice, and they would pay any damages.He hopes nothing happens like that, but without those traffic delineations, which may include the planters, he feels it may be a very dangerous situation if the business opens up without those being put in.The picture the developer put up showed the temporary barriers with the tape affixed to the power pole.He does not think Salt River Project will allow that.He is also not sure it would be acceptable from a legal standpoint as a defense.It needs to be something more of a permanent nature or a better temporary nature.The barriers they put up could be moved very easily as they are not tacked down, and there is a maintenance issue daily to make sure they are in the right place.It would be hard to track.He asked Brad Steinke what is considered landscaping on this site plan, such as railroad ties plus soil plus plants being considered landscaping. Brad Steinke stated the 3' functions.They serve as a divert or direct traffic in purposes. Development Services Director high railroad ties serve two landscape planter and they serve to and out of the site for safety Councilmember Barker commented when they discussed this last night he stated he would try to think of some type of barricade that could be used if those that are already pictured are not acceptable.She asked what type of barricade would be acceptable. Development Services Director Brad Steinke stated he discussed it with the public works director who suggested rental barricades that might have a flasher on them could be placed at those locations to serve as a temporary diversion for traffic.It would not be pretty but it might functionally create a safety barrier. Councilmember Wilson asked what about barrels that are filled with water like you see on the freeway. Development Services Director Brad Steinke stated they talked about those and very flexible reflectors that can be put in the ground.There are probably a number of ways that they can deal with it.They did not really REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 11 OF 39 spend much time talking about it.If council wants them to do that, they can sit down and work out something reasonable for that. Councilmember Serdy commented they have a lot of lake traffic there.He asked if they intend to have boats and trailers pulling in and are the spots big enough.He asked where boats and trailers would be parked. Mr. Mehmood Mohiuddin stated basically the people would pull in and get their gas and get their park permits.They are usually there no more than 5 minutes.They pull right on by. Councilmember Serdy commented he assumed they would want them to stop in and eat at the restaurant when they are on their way home.He thought that had been mentioned in earlier discussions.He asked if a boat would be hanging out into the parking lot if they pulled into one of those spots, or is there another area preferable for them to park, such as to the east. Mr. Mehmood Mohiuddin stated they have their propane tank to the east.They will have more parking in that area for the boats and RVs.It is the southeast corner of the Dash In. Vice Mayor Eck asked if the parking spaces would already be painted and identified.The round areas are the railroad ties.The actual parking places are not a part of this request.It sounds like they already have to be done according to this contract. Development Services Director Brad Steinke stated he believes they will have to work that out amongst themselves.For our purposes, the end result ultimately wanted is standard striping and standard striping width of the appropriate paint.They may have to talk to the applicant and Joel about it. Vice Mayor Eck asked if it is in the contract. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 12 OF 39 City Attorney Joel Stern stated it is not.He met with a building official today and because of the safety issue, the plantings did not have to occur but the planters that delineate the driving entrance need to be done.If the council wants to soften it up to something the public works director and city engineer would accept, then they can do that.He was not given much direction from the council so this was basically done on Friday with some help from Dennis Dixon today. Councilmember Serdy asked if the employees would be parking behind or if they would be taking some of these spots as well. Mr. Mehmood Mohiuddin stated they do have a parking area on the south. Vice Mayor Eck commented he has concerns as he does not believe the applicant completely understands the contract in front of them. City Attorney Joel Stern stated it is just a draft.It is up for negotiation. Mayor Insalaco opened the public hearing on the item. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council.She suggested getting sponsors for the plants and planters.She commented on some other places in the city that have parking safety issues. She also thinks this is because Mr. Severs is attached to the company. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented on the entrance at Fry's, insurance, this being a Severs thing, and being in support of the business opening. Mr. Joe Severs, 1940 E. Schooner Court, Gilbert, addressed the council.He stated they were told to put the barricades in to prevent people from cutting the corner but he believes no one cuts the corner. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 13 OF 39 Councilmember Coleman commented that they are changing the intensity of the usage. Mr. Joe Severs commented they were told the barricades were to keep people from cutting the corner.He does not understand why people would want to cut the corner if they are going to a restaurant or bar.They agreed to put them up.Everything that is requested will be done before they receive a certificate of occupancy.The handicap situations, the handicap ramp out front, the handicap ramp to get to the 6" stage will all be there before they request their temporary certificate of occupancy.Once they have the inside of the building completed and all the life, safety, fire, safety hazard and handicap issues are addressed, they would like to start selling pizzas. Councilmember Barker commented he said all of the life and safety issues.She asked if that includes the parking issues. Mr. Joe Severs commented he said everything inside the building and the main entrance inside as the handicap ramp is not quite up to code right now.As soon as the kitchen, flooring and bathrooms are done, he will address that.The 2 handicap parking spaces and handicap signs will be done.The fire exits, fire extinguishers and pool stations will be done.Once the inside and main entrance is done, let them open and make money.They can then come out and permanently stripe the parking lot and put in the planter boxes.He will have the outside striped within a couple days. Then he can put in the planter boxes and landscaping.The police department came by today and looked at this for our liquor license.The officer advised some of the planters looked wonderful but the others were going to cause accidents.They will be getting the police report tomorrow.The problem ones need to be minima lized. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He stated these gentlemen are working at complying; there has to be a way to get that done so that a temporary permit can be issued.The last thing he cares about when going for a pizza and beer is landscaping. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 - PAGE 14 OF 39 Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council.He commented on the "but for" test and indemnification. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Dietz commented they have been talking about encouraging businesses.He asked if they have ever fast -tracked a project like this, dropped the development fees by $50,000, and given a temporary occupancy permit to anyone before. City Attorney Joel Stern stated not in the eleven -and -a -half years that he has been here. Councilmember Dietz commented he thought they had been bending over backwards to help these guys out, not saying that this is a Joe Severs thing. Vice Mayor Eck commented what the city is requesting and what they are offering are basically two separate things when it comes to the parking lot being striped. City Attorney Joel Stern stated the request from the developer is to get everything done inside the building and then allow them to move outside and do the striping of the parking stalls and then put in the temporary traffic barriers. Vice Mayor Eck commented he is concerned with the safety issue.These are just striped parking lots.He asked if they will have the cement curbs at the end of each one or will there be railroad ties in the front of each parking space. Development Services Director Brad Steinke stated this plan does not require them to put the concrete stops along the edge of the parking stalls.The idea is for them to be able to drive through them so they do not have to back out. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 15 OF 39 Vice Mayor Eck commented the painting of the parking spaces could be hand done in a day. Development Services Director Brad Steinke stated they want them done correctly, and he is not sure the correct way to do it is by hand.It could be done in one day by appropriate people. Vice Mayor Eck commented he has seen a lot of private parking lots being done by hand with stencils in a very timely manner.This seems to be the biggest issue and it is not in the contract. Councilmember Barker commented when she was speaking about putting up temporary traffic barriers, she intended to cover both the corner and going into the parking lot.She is not going to battle with him about people going across the corner but in the 36 years she has lived here she has seen it a lot.She is concerned about delineating parking spots.She agrees that it creates confusion.There has to be a way to mark those in such a manner that they will be very visible until such time as they can be done permanently. Councilmember Serdy commented he does not understand the insinuation that this council has done anything to stop this project.We have bent over backwards to get it going.This is 3 meetings in a row we have had it here.He remembers going into a parts store and seeing a sign on a wall that said something like failure to adequately prepare on your part does not constitute an emergency on our part.He believes they are going to help you anyway.There are a lot of people who want to start businesses and they just save the money, get the loans and start them.He hopes everybody can have a business some day.He added he has cut through there before. Councilmember Coleman stated if a developer went to any other city and said all of these things will be done in the future, they would laugh at him. Most cities would not take a these are gonna be done.It is a do it first.These are safety items.Mr. Severs would not even try this in Gilbert where he lives. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 16 OF 39 Mayor Insalaco commented it has been said by two people that things were going against this business because of Joe Severs.He wanted them to remember who put this on the agenda.He did, and he got all kinds of stares for bringing it back because he wants to see the business.He asked them to leave peoples' names out of it.They want to help out a business, but they want safety first.They do not want to have their butts in a sling if something does happen.Like Councilmember Coleman said, they would not get this done in any other city.This city is bending over backwards.He brought this back even though he did not have to, he could have left it like it was, in order to try to see if this could be worked out. Councilmember Barker commented it appears the applicants have heard the major upsets which are the barricading and the delineation of parking.She asked if they could come back up and tell them how they are going to do that. City Attorney Joel Stern stated they would also have to reopen the public hearing. Councilmember Barker asked the applicant his ideas on how he can do this. Mayor Insalaco commented they would not be taking all this time trying to figure this out if they were not trying to help him. Mr. Mehmood Mohiuddin stated he deeply appreciated it.He understands they are trying to help out.The people have their opinions and they cannot stop them from making their comments; that is what they are going to do.He greatly appreciates their helping him out to open the business so he can make some money and give the taxes to the city and provide jobs to people.Mr. Coleman stated other cities would not allow that.This has happened because of the recession and the banks not loaning out money.This has been created by the country, the people, the recession and the government and nobody is loaning out money.The parking lot striping will take about 1 to 2 days.They will try to do that but right now they are inside doing that.He went out today to buy paint for the building. He applied for a loan to use cards REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 17 OF 39 at Home Depot and was told they could not extend his credit limit.He had to borrow money to buy a gallon of paint.If they are requesting him to do the stripes, he will start doing that tomorrow by himself and save some money on the labor. Whatever will make it easier for him and the council for public safety he will do. Councilmember Barker commented the problem is that to permanently stripe it it has to meet all these specifications.To sit down, temporarily paint it and spend his money on that will not answer the question. She asked if the development services director had any ideas to help this situation out. Development Services Director Brad Steinke spoke from the audience and was inaudible. Vice Mayor Eck commented that is one of his concerns as it is a safety issue.They need to address that.They need to get the barricades out front.The landscaping can come towards the end.They have to address the safety issue.He requested he get with the public works director and give him his plan so he can determine if he is doing it right or does something have to be done to do it appropriately.He believes they will have to put a time frame on this. Mr. Mehmood Mohiuddin agreed. He added he will put in a barricade or something to divide the parking from the entrance.He will take pictures every time one is knocked down.He will bring in the pictures to show what the situation is creating.The police department was shown where the striping and planter boxes would be and the officer stated it would be more hazardous for the traffic coming in off of Highway 88.The traffic will back up and create more problems. He told the officer that is what the city is requesting him to do and that is what he will be doing.He told the officer if he had concerns he needed to take them to the city. Public Works Director David Fern stated he suggested last night that the contractor and developer get a professional barricading company to set up barricades.That would address some of the legal concerns about REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 18 OF 39 the hold harmless clause for the city and for the contractor and developer.It would also take care of the problem when someone is not finished with one of the projects where if it is not checked everyday like a barricade company does to pick up those blown over by the wind and other things.The barricade company could also monitor to see if the steady burn lights were working properly and make sure it was set up correctly.They need to remember there is also some Arizona Department of Transportation involvement in this issue.The barricading needs to be set off of the Arizona Department of Transportation right-of-way because he does not believe the developer has a permit to operate within that right-of-way.That is his suggestion since it appears there are special circumstances to allow this developer to get a temporary certificate of occupancy instead of a permanent certificate of occupancy.This option might satisfy the legal concerns as well as the problems with safety, especially at night with impaired drivers, elderly people or any other reason for people that may not know how to get through there without having it properly barricaded. Vice Mayor Eck commented he is suggesting the barricades.He asked, as the public works director, if he agreed or disagreed with getting the lot marked. Public Works Director David Fern stated he thinks it needs to be striped properly.They should be using reflectorized beads in the paint or it will be hard for people to see. Vice Mayor Eck asked what kind of time frame would be needed for the safety issues regarding the barricades and the proper striping. Mr. Mehmood Mohiuddin stated his goal is to get it done in 30 days.However, he does not want the city to come and shut him down if he goes over 1 or 2 days.Everything, including the barricades, striping, planter boxes and safety issues should be done in 45 days. Vice Mayor Eck commented they are saying safety first as it will be in two phases, and the rest would be for the planters and all that.He asked if they REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 19 OF 39 can do the safety issues in a lesser time frame than the entire 45 days for the landscaping. Mr. Mehmood Mohiuddin stated they can do the safety issues in 30 days. Councilmember Serdy commented he would be interested to hear what the police department had to say about it not being a good idea as soon as possible. Councilmember Barker agreed. Councilmember Serdy commented if they see something that public works or building does not, he would definitely want to know about that. Captain Tom Kelly stated he was surprised to hear about it.He has no idea right now so he will have to get back to them.This is the first he is hearing about it. Councilmember Barker asked what officers were out there. City Attorney Joel Stern stated he believed it was Officer Durkin.It involved a response to the alcohol license. Captain Tom Kelly stated this something that would have to have someone who has experience to identify with this rather than a patrol officer.He will have to find out from Lieutenant Jackson what the circumstances are and report back to them. Councilmember Barker commented that puts them in a precarious position if the police department does not feel that the barrier should be there and we are asking for it to be there.They are caught between a rock and a hard place without that information. City Attorney Joel Stern stated at the time the first exhibit was made up he believes the development services department and public works department were REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 20 OF 39 involved.These are the experts in traffic and safety.He is not sure the officer has a certificate in engineering or even has a law degree.He does not believe he does.When he goes and checks out for alcohol licenses, he does look at certain things.They will have to get a copy of that.He suggested they continue this matter until the next meeting.They can ask the developer how long it would take to get the inside done.He thinks the developer said it would be done by the end of this week or maybe the end of next week. Mr. Mehmood Mohiuddin stated they are close to being able to open by Monday.They will try cooking pizza and will have a soft opening for the family and friends and the councilmembers if they want to come.The following Friday they will likely be open to the public. Vice Mayor Eck stated if they continue it they will be way past that. Mayor Insalaco commented they need to go with it tonight. Mr. Elliott Fisher stated it is unfair because of the banking situation, of comparing this to other cities, and of helping other businesses in the past.When this city has what other cities have to offer, then he would agree.They can negotiate anything; that is what insurance companies are for. Mayor Insalaco commented he might be right but you cannot compare any city with safety problems.He does not care what city it is, they are protecting the city and its residents from costing them city money.This has nothing to do with anything else.We are trying to get these safety problems solved.He closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Wilson MOVED THAT THE AMENDMENT TO THE FEBRUARY 2009 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND DASH IN OWNER MEHMOOD MOHIUDDIN PURSUANT TO HIS REQUEST TO POSTPONE TRAFFIC DIVERSION AND LANDSCAPING ENHANCEMENT REQUIREMENTS SET FORTH REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 21 OF 39 THEREIN BE APPROVED WITH THE FOLLOWING RECOMMENDATION:THAT THE PARKING LOT BE STRIPED AS SOON AS POSSIBLE WITHIN 10 DAYS OF ISSUING THE TEMPORARY PERMIT. Councilmember Serdy SECONDED THE MOTION. VOTE:6-1 (Councilmember Dietz voted in opposition.) Councilmember Dietz explained his vote as with the fast -tracking they did on this, dropping the development fees by $50,000 or more, everything we have done, the prices of building materials having dropped the last couple of months and he knows this because that is what he does for a living, selling that to contractors, he voted no. There was general discussion on what was meant in the motion and if it could be amended. The motion carried. Councilmember Barker commented they have the word of the contractor and his partner in crime that those barricades will be erected.It is now on the public record if it was not prior. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF PLACEMENT AND BROADCASTING OF CALL TO THE PUBLIC ) )Mayor Insalaco commented he would like to see Call to the Public put permanently at the end of the meeting and not be televised. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 22 OF 39 Vice Mayor Eck commented they have talked about this already last night. Councilmember Coleman commented as the mayor reads at the beginning of Call to the Public, it is a time for the public to address the council, not the community.There is more than ample opportunity for misinformation to go out.The bigger problem to him is that during the election time they have candidates that get up to the pulpit and give a 3 minute campaign speech.This last election they had a candidate who was unhappy because he was not being filmed from the front.He does not know what that has to do with addressing the council.One candidate told another one after the candidates' forum that they had one more forum left. The person asked what that was and the response was Call to the Public at the next council meeting.We had candidates holding up papers for those in TV land to see.He does not know what that has to do with addressing the council.We had candidates directing people to their campaign websites from the podium.If any of the councilmembers who were candidates used computers here at the city or other city assets in their campaign, it would be contrary to law.The cameras are public assets.He is curious if those candidates who got up at Call to the Public listed an in -kind contribution from the taxpayers for 3 minutes of television time and what value they placed on that.They directed people to their campaign websites.He sent out 625 cards as that was all he could do and still stay under the $500 threshold, and put 2 advertisements in the paper to send people to his website.He paid for it, but it was not public assets being used for that purpose.He is not saying to not record it or make it unavailable to the public.They can go in and request a DVD with it on it from the city clerk's office.He is saying it should not be televised.It did not just happen in the election of 2009; it also happened in the election of 2007. Those are the only 2 elections where they have had this capability because of this facility.To protect ourselves and those candidates who may not know that it is really not the purpose of Call to the Public, he does not think it should be televised.His major concern is around election time, but at other times it is a way for people to get up here and they have seen the abuses that have occurred over the last couple of years.It is too easy for misinformation to get out.People REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 23 OF 39 study the law and have no degree yet inform the council of the law.It is too easy for misinformation to get out. Councilmember Wilson commented he agrees basically with what Councilmember Coleman just said about misinformation.There were statements that were made and a lot of information stated in Call to the Public and unfortunately we cannot respond immediately to that misinformation.Some of them take some research to find out what the actual truth is.He was against it in the beginning, but to limit the misinformation he is definitely all for it after sitting through an election.He saw what was going on and being said.When he did the research to find out if what was being said was truthful or not, he would have to wait 2 or 3 weeks until the next meeting to try to rebut what was said. Councilmember Serdy commented he believed they are pretty much unanimous on it being at the end of the meeting.At first he was for televising it, but he has reconsidered and now agrees it should not be televised.He would like it recorded for posterity in case there is some type of event where they needed evidence for something.Sometimes there are useful announcements made.He would like for there to be some way that if people need to make an announcement they should channel it through the council and they can do it at the public events or manager's report, such as a charity event that needs to get out to the public.They need to be more accessible to communicate for the people. Vice Mayor Eck commented the Awards, Presentations and Proclamations item is what he really wanted to dwell on.They have to do as much public education as possible for those groups that do come to the meetings, like the Boys and Girls Club and the Boy Scouts.Pat Brenner may be able to help by putting it on the air somehow, getting the information out somehow so that a group like that does not end up sitting through to the end of the meeting when they could have been under the other item where we do our proclamations and presentations. Councilmember Coleman commented in the last election he was invited by one of the papers to write a response to a Letter to the Editor or Guest REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 24 OF 39 Commentary.Those are perfectly fine for candidates to write a letter to the editor; that is when you address the community. But it is not proper to use resources paid for with taxpayer money in your campaign.He is not saying he is totally without guilt; in fact, the response letter asked people to go and look at certain meeting dates and at Call to the Public on those dates.It should be recorded and available to the public.If he wanted to get it and upload it to his campaign website, that should be fine. City Manager George Hoffman asked when he said televised, does he mean the cable channel and web streaming. Councilmember Coleman stated he does. Councilmember Dietz commented that they do want it recorded on the DVD. Mayor Insalaco closed the discussion and called for a motion. Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PLACEMENT AND BROADCASTING OF CALL TO THE PUBLIC:THAT WE BRING BACK THE ORDINANCE ON OUR COUNCIL AGENDA ITEMS AND THAT THAT BE MOVED TO THE END OF THE MEETING; AND THAT WE DIRECT STAFF TO RECORD THE PROCEEDINGS AT CALL TO THE PUBLIC BUT THAT THEY NOT BE TELEVISED OR PUT ON THE WEB STREAMING; THAT THEY DO BE MADE AVAILABLE THROUGH THE CITY CLERK'S OFFICE IN DVD FORM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED AMENDMENTS TO FRONT YARD REGULATIONS ) )Development Services Director Brad Steinke briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 25 OF 39 Councilmember Coleman commented he does not understand the difference in the current code definition and the proposed code definition. Vice Mayor Eck commented they are adding two items to it.All of them are legal to the left and the ones on the right will be added to it. Councilmember Barker stated he is talking about number one. Councilmember Coleman commented he is talking about a space between the front yard setback line and the front lot line or further street line and extending the full width of the lot.The proposed change is the area between the front lot line and front yard setback line.He does not understand the difference. Development Services Director Brad Steinke stated they are trying to clarify the current definition.If he understands the current definition, and he likes that, they can retain it.He thought it was confusing. He thought the second definition was fairly clear. Councilmember Barker commented the second definition appears to delineate two different areas in her mind.We have the area between the front lot line and this other area from the setback line.She asked if they were both the same. Development Services Director Brad Steinke stated they are not. Councilmember Barker stated that is where her confusion is coming from. Development Services Director Brad Steinke stated they can discuss that tonight or if they are sent away they can better focus on it and fine tune it for them. He is happy to answer their questions, but if they are going to send them back he can do more work on it and fine tune it. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 26 OF 39 Mayor Insalaco stated he would like to see a little more work done on it. Councilmember Barker commented on his proposals on 3 and 4, there are some things that are currently allowed in front yards that she truly believed were not.She has since been apprised that the intention of an ordinance that was passed in the early 90's was evidently not written satisfactorily and could not be enforced. This is in regards to RVs.She would really like to see some work put into removing these from the front yards.She received an email from a gentleman who wrote about a property that had 15 vehicles and a few other things around and code enforcement went by, did their thing, and discovered that because of this ordinance, most of those could stay. Development Services Director Brad Steinke stated if they were licensed and operable they could stay. Councilmember Barker commented they were and could stay put, which means that this neighbor has got a neighbor who has a carnival on the front yard.She thinks he has a reasonable point.Also, where it says Note it says something about temporarily parking RVs for visitors for two weeks.We cannot enforce that; who is to know when they started and when they ended.It is completely and totally unenforceable.Ponds, pools and hot tubs in the front yard should not be there.Those were a few things in there that she highly objected to or found strange, as is the height of the fence.A height of 4.5' is reasonable for a front yard; for a backyard 6' is perfect.She has done a lot of driving around the city and she has seen the 6' fences.They are out there. But there are far more that have the 6' fence from the house through the backyard up to the front and then they drop to 4'. The problem she sees is that it appears to her that instead of people coming to the council and saying there is a problem in their area that they think needs to be changed, and they have a couple of neighbors with them and they would really like to look into changing this, they are going ahead and doing whatever and then if they get cited they want it changed.She asked how many citations it takes for the council to change an ordinance; that appears to be what is going on here.That bothers her.If REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 27 OF 39 there is truly a need to change it, then she would consider looking at it.If there is not truly a need to change it, then she does not think they need to look at it. Vice Mayor Eck commented Brad stated last time that he had some paperwork from the committee. He does not recall discussing any of that.He felt it was more like if they wanted to do something, let him know.He did not get any facts from the committee so he does not know what work they did. Development Services Director Brad Steinke stated there was a study group of 3 that did not always agree with each other.They did agree that there were a few things that were creating some unequal playing fields, for example, RVs are allowed in the front yard but not travel trailers.They are similar so they should all be included in the same regulation.At the same time, the study group thought having an unlimited number of trailers, boats, trucks, cars and utility trailers maybe is not a good idea.They considered limiting the number of RVs in the front yard, and that it might apply differently depending on the size of the lot and the zoning district.Right now it applies to everyone across the board.Maybe one size does not fit all.The question of fences came up as well.What you see before you in this memo tends to memorialize the direction they wanted to go.The two week visitor was included because in some instances if you only allowed, as part of this recommendation, one RV which could be your RV in the front yard but no others, if a visitor came they could park it in the driveway and stay there for a period of time.It is very difficult to enforce, but they wanted to bring it into the discussion.They did give them some fuel to take a look at this, but if council sends them away, what they are likely to do as a staff is pull together some of the things they have heard from the council, take it through the planning and zoning commission as we have done with horse boarding, try to sort out the details and bring back a reasonable recommendation to the council for them to look at. Councilmember Wilson commented one of the reasons they had brought up the fence issue is some of these larger lot properties that have their equine facilities in the front of the home with the house sitting in REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 28 OF 39 the back, for the safety of the animals and community it had been suggested that they be allowed to put a 5' corral up front or even a 6' fence.He has a 4.5' fence in his front yard and it has not prevented a horse from getting into his front yard. The horse got caught up in it.A horse will not jump a fence that is at eye level; below eye level it may attempt it.Also, fences come in 4', 5' and 6'.There is not one at 4.5'; something has to be added to it or it has to be brought up above the ground.When we did this they were trying to bring together the whole community into the different needs of the different areas.They did not agree on the 6' fence, but they all agreed there was a need in the larger areas.Jeff did not want to see them in his neighborhood.They did not feel it was right to do an urban area in the larger lots.There is a need and questions have been brought up.It was being brought up in a way where they could do this through change, not as being a controversial adversary of one against the other.They wanted to work together as a group to come up with what they thought was the best way to handle it.If they wanted to make it separate for larger lots or if they wanted to make it across the board, they thought they would go with whatever the council wanted. Mayor Insalaco commented he called the Globe building department and some ranches he knows up there.Their front yards are 4.5'.There are horse properties that have 6' fences, but they are the bar fences like you see around corrals.They allow those around horse properties, but not a 6' fence.He is not trying to compare cities, but that is what they are doing up there. Councilmember Barker asked what the difference is. Mayor Insalaco stated it is not a solid wall or fence. Councilmember Barker commented most of the 6' fences she saw out to the east were not .walls.They were chain link.Visibility, being able to see in and out, did not appear to be much of a problem. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 29 OF 39 Mayor Insalaco commented he was just making a point that it was basically for horse properties.The horses were out in front with the bar fences. Councilmember Serdy commented he sees a big difference between a wall and a fence, like the monstrosity on Southern and Royal Palm.In some of those meetings they had some artwork of the small pony wall with see through areas which can be quite attractive if people could be regulated to do that.He does not know if they could regulate people to do that.As long as you can see through it, he does not have as much of a problem with it. Councilmember Barker commented one of the problems brought up over the last couple of meetings has been crime as a reason to have a taller fence.She asked if a see through fence prevents crime at 6'.She does not know.It is another thing to look at.She asked if there is anything to support that.She asked how many horse properties they have that have the horse facilities in the front yard. Vice Mayor Eck asked if they need a permit to put up a 6' chain link fence. Development Services Director Brad Steinke stated 6' fences are not allowed in the front yard. Vice Mayor Eck asked if they would need a permit to put it up. Development Services Director Brad Steinke stated not if it is in the proper place or under 6'. Vice Mayor Eck commented he thinks that is one of the problems they are facing.There is no permit process to put up a fence.A lot of people do not intentionally try to get away with the extra height but a lot of company names are on these fences that are 6'.Without the permit process, it gets done. Councilmember Barker asked if they are licensed in the city. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 30 OF 39 Vice Mayor Eck stated several of them are licensed in the city but they are just out to make money. Councilmember Coleman commented the property that Councilmember Serdy referred to is a larger lot.As you drive down the road, it looks like a compound.It does not make it look safe to him.He believes, when talking about horse properties, that the county is 4.5' in front. City Attorney Joel Stern stated that is correct. Councilmember Coleman stated people want a 6' fence along the side area even with the front of the house and then they drop it to 4.5'.If they drive around the area, you will see 99% of the fences like that because that is the ordinance. Councilmember Barker commented the council has a variety of things they want done. They need to be concerned with safety, with how the city presents itself to those who drive on our streets, and the fact that some neighbors are not terribly neighborly to the people next to them.All of those concerns are a part of this issue. She would like to see work done on it.She would like to see some of these front yard uses removed or limited.She would like differentiation between RVs and travel trailers nixed.If they have one, the other needs to be there, too, or remove both of them.The original ordinance was that they needed to be parked on the side of the house and screened.That was the original intent although it did not go through.She would like to know the amount of property they are talking about for those people who built their houses so far away from the road that they have to use their front yard for their animals. Development Services Director Brad Steinke stated what he has heard he understands. Councilmember Serdy asked if an ostrich or an emu can get over a 6' fence. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 31 OF 39 Mayor Insalaco stated they cannot.He then closed the discussion and called for a motion. Councilmember Barker asked if he got all that. Development Services Director Brad Steinke stated he has a good idea of what they would like to see but he wanted to know if they wanted it to come back to the council or go to planning and zoning first. Councilmember Coleman commented it would not be a bad idea to get public input at the planning and zoning commission. Development Services Director Brad Steinke stated since it is a zoning code issue they will have to weigh in at some point. Councilmember Barker stated put it through them first.She wished it would cease to be such a personalized issue and become more of a generalized and regional issue.She realizes there are some that have a vested interest, but she wishes they could expand their reach a little bit and look at this from a citywide and regional point of view rather than their personal venue. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker stated that was her motion.Brad said he knew what she wanted. (MOTION IS I WOULD REALLY LIKE TO SEE SOME WORK PUT INTO REMOVING RVS AND TRAVEL TRAILERS FROM THE FRONT YARDS.PONDS, POOLS AND HOT TUBS IN THE FRONT YARD SHOULD NOT BE THERE.THOSE WERE A FEW THINGS IN THERE THAT I HIGHLY OBJECTED TO OR FOUND STRANGE, AS IS THE HEIGHT OF THE FENCE.A HEIGHT OF 4.5' IS REASONABLE FOR A FRONT YARD; FOR A BACKYARD 6' IS PERFECT.I WANT TO KNOW IF A SEE THROUGH FENCE PREVENTS CRIME AT 6'.IT IS ANOTHER THING TO LOOK AT.I WANT TO KNOW IF THERE IS ANYTHING TO SUPPORT THAT.THEY NEED TO BE CONCERNED WITH SAFETY, WITH HOW THE CITY PRESENTS ITSELF TO THOSE WHO DRIVE ON OUR STREETS, AND THE FACT THAT SOME NEIGHBORS ARE NOT TERRIBLY NEIGHBORLY TO REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 32 OF 39 THE PEOPLE NEXT TO THEM.ALL OF THOSE CONCERNS ARE A PART OF THIS ISSUE.I WOULD LIKE TO SEE WORK DONE ON IT.I WOULD LIKE TO SEE SOME OF THESE FRONT YARD USES REMOVED OR LIMITED.I WOULD LIKE DIFERRENTIATION BETWEEN RVS AND TRAVEL TRAILERS NIXED.IF THEY HAVE ONE, THE OTHER NEEDS TO BE THERE, TOO, OR REMOVE BOTH OF THEM.THE ORIGINAL ORDINANCE WAS THAT THEY NEEDED TO BE PARKED ON THE SIDE OF THE HOUSE AND SCREENED.THAT WAS THE ORIGINAL INTENT ALTHOUGH IT DID NOT GO THROUGH.I WOULD LIKE TO KNOW THE AMOUNT OF PROPERTY THEY ARE TALKING ABOUT FOR THOSE PEOPLE WHO BUILT THEIR HOUSES SO FAR AWAY FROM THE ROAD THAT THEY HAVE TO USE THEIR FRONT YARD FOR THEIR ANIMALS.PUT IT THROUGH PLANNING AND ZONING FIRST.I WISH IT WOULD CEASE TO BE SUCH A PERSONALIZED ISSUE AND BECOME MORE OF A GENERALIZED AND REGIONAL ISSUE.I REALIZE THERE ARE SOME THAT HAVE A VESTED INTEREST, BUT I WISH THEY COULD EXPAND THEIR REACH A LITTLE BIT AND LOOK AT THIS FROM A CITYWIDE AND REGIONAL POINT OF VIEW RATHER THAN THEIR PERSONAL VENUE.) Mayor Insalaco asked if the city clerk had gotten it. City Clerk Kathleen Connelly stated she knows they want to send it to the planning and zoning commission. Councilmember Barker stated she wants it reworked. City Clerk Kathleen Connelly suggested from a pure tax and licensing standpoint that the concept of allowing somebody to camp, or allow an RV hooked up to a utility, becomes a licensing issue.They could rotate people every two weeks and actually be operating an RV park. Councilmember Barker commented it becomes a renter.That was one of the reasons why at the original hearings in 1990 we said side yard screened.It was one way of trying to remove them from that area. Vice Mayor Eck asked if this conflicts with something else that is currently going through planning and zoning that will eventually come to the council, as far as the horse boarding fencing. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 33 OF 39 City Attorney Joel Stern stated the horse boarding proposal has a lot of issues, one of which includes the height limitation.There are other issues involving camping.He thinks there may be some overlap.If they are telling staff to take it back for the front yard zoning regulations, then that is pretty specific.The planning and zoning commission has not been directed to look at that issue alone.They are looking at other issues, but part of it does include a 6' issue for front yards for properties with horse boarding. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Economic Development Director Steve Filipowicz briefed the council on the joint city council/Apache Junction Main Street/Community Development Corporation meeting. There was general discussion on when they could have the meeting.The concensus was to make it sometime in May in the late afternoon or evening.No motion was required at this time for this meeting. 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, MAY 4, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:30 P.M. BE HELD ON TUESDAY, MAY 5, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 34 OF 39 The motion carried. CALL TO THE PUBLIC: Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council in support of Call to the Public being at the beginning of the meeting so that they could add items to the agenda if necessary. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, addressed the council regarding MediaCom dropping the TV Guide Channel to customers and giving no notification. Ms. Janice Stenglein, 733 W. Windsong, Apache Junction, addressed the council in support of placing Call to the Public at the end of the meeting but wanting it to remain televised, and commented the council should make its own decisions for sovereignty and continue to consider the strings attached on the economic stimulus packages. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding his concern of the council playing politics with their faces on the cable channel, to comment that the taxpayers paid for the cameras, people would be able to put faces to the names if the cameras showed them and someone would know who he is and could shoot him, and they should do a public opinion survey to decide the Call to the Public issue. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a class 2 misdemeanor citation for having a 6' fence, advised of a possible lawsuit and that it is not a safety issue. Mr. Duane Buell, 612 E. Desert Avenue, Apache Junction, addressed the council in support of the council decision on Call to the Public and suggested they have a community bulletin board for events on the website. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council regarding why a person who has a violation has not been cited into court yet. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 35 OF 39 Councilmember Serdy commented the TV Guide Channel has been off for a couple of weeks now; a couple of his customers work for MediaCom.They have to buy each channel that they put out.The TV Guide Channel raised their price to MediaCom so they dropped the channel for basic cable service only.You can still scroll down on the premium service.He agrees that it is a service we need here.Also, Mr. Fisher called us gutless and then he ran out the door.He was going to tell him that people already do want to shoot him and they are doing him a favor by not televising it. Vice Mayor Eck commented he disagreed with putting Call to the Public at the beginning of a meeting so that the agenda could be amended.In the twelve years that he has been here, he has always been told that is illegal.You cannot amend an agenda as you go.Whether it is at the beginning or the end of the meeting, if there is some type of item that can be addressed, then they can give direction to staff to address it.He does not know what an hour or two hours, or in this case three hours, difference, will have anything getting done any quicker than tomorrow anyway.He does not see any validity to that all.The contract is coming up with MediaCom and they will have to change that.The stimulus money has been talked about.The problem he has seen with stimulus money is that it is hurry up and wait. They are supposed to have their projects ready and when that money becomes available all the projects are supposed to be shovel ready and you start now.In Maricopa County they have a job pool.They received $8 million for that pool and they have 90 days to get those people hired.He does not understand why the stimulus money has to be so disorganized, but it is.They have even laid off teachers.He has heard the school superintendent say many of those teachers might get their jobs back with stimulus money.That is not fair, it is ridiculous. He asked who he could write to to complain about the stimulus money. Mayor Insalaco commented it is the state representative. Vice Mayor Eck asked if it is the state or federal.He does not think the state has as much to do with it as the federal government. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 36 OF 39 City Attorney Joel Stern commented they need to have just comments and not discussion going back and forth among council members. Vice Mayor Eck asked if the people who created the $825 billion stimulus are state representatives. City Attorney Joel Stern stated that is a question.You cannot ask questions of staff. Vice Mayor Eck directed the city manager to answer it tomorrow by email as to who he should write to. Councilmember Coleman commented Mr. Benoist kind of proved his point about getting up and telling us that they can amend an agenda.Then you could talk about anything and the community would not even know it would be discussed.It has to be posted for 24 hours.It has to be posted so that people can see what they are going to be discussing here.So that is misinformation that unfortunately would get out tonight but he thinks if people continue to watch they will understand.Mr. Fisher also talked about us being fair and that people might want to see his face. If that is his purpose, that is fine and he should purchase some TV time.It is not addressing the council.If his purpose is to address the council, which is what Call to the Public is for, then it does not matter if they film it from the back, from the front, or if they do not televise it at all.They have already made the decision, but it is easy for anybody to get up and say things that are interpreted as being personal in nature.Those are the kinds of things that he does not think should be televised.That is one of the reasons why he felt so strongly about it. Councilmember Barker thanked those who spoke at Call to the Public for staying through the meeting and hearing what the council had to say tonight. Mayor Insalaco commented it was nice when they had 12-15 people speaking at Call to the Public.By the time they got through, our staff, developers, people who were here to do city business got tired and upset and could not present their things right. The council could not answer them right because they were tired of listening to all the rhetoric.They are doing the same thing REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 37 OF 39 that Mesa, the school board, and Florence are doing.They are putting it at the end.Let us get our city business done while it is still fresh in our mind.That is why it is at the end and as far as he is concerned and as long as he is on this council it will be at the end.As far as being televised, Councilmember Coleman said it best.It is Call to the Public to address the mayor and council, you are not addressing the rest of the public. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:58 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of April 7, 2009. ACCEPTED THIS 5TH DAY OF MAY, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF MAY, 2009. ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 38 OF 39 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 21st day of April, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th of April, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2009 PAGE 39 OF 39