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HomeMy WebLinkAbout2009-05-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 19, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 19, 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 Serdy 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 Public Works Director David Fern Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 1 OF 30 Others Present:Community Relations Manager Pat Brenner Senior Planner Rudy Esguivias 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. M23 AND M24 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 RESOLUTION NO. 09-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING SUPPORT OF THE DRAFT PINAL COUNTY COMPREHENSIVE PLAN; AND SUGGESTING AMENDMENTS TO THE PLAN RELATING TO 1) LAND USE DESIGNATIONS IN THE INCORPORATED CITY, 2) NORTH -SOUTH FREEWAY CORRIDOR ALIGNMENT, AND 3) ACCESS MANAGEMENT POLICIES, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND UNITED HEALTHCARE FOR GROUP HEALTH INSURANCE FOR THE PLAN YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, WITH RENEWAL OPTIONS FOR FOUR ADDITIONAL YEARS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN TO PURCHASE ONE FORD E-350 SUPER CARGO DIESEL VAN THROUGH ARIZONA STATE CONTRACT #S34/SCC07008-2 FROM FIVE STAR FORD IN THE AMOUNT OF $29,686.69 WITH ADDITIONAL ACCESSORIES/EQUIPMENT, BRINGING THE TOTAL UP TO AN AMOUNT NOT TO EXCEED $51,182.53 INCLUDING TAX, FOR A REPLACEMENT PRISONER TRANSPORT VAN FOR THE POLICE DEPARTMENT; AND THAT RESOLUTION NO. 09-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF PROPOSALS FOR HIGHWAY SAFETY PROJECTS TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (FY 2010); AND APPOINTING THE DIRECTOR OF PUBLIC SAFETY/POLICE CHIEF TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, BE APPROVED; AND THAT RESOLUTION NO. 09-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 2 OF 30 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; AND THAT RESOLUTION NO. 09-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE AK -CHIN INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous for Items 1-2 and 4-8.The vote for Item 3 (Resolution No. 09-19) was 6-1 with Councilmember Serdy voting in opposition. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation declaring the month of May as "Foster Care Month". ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he attended the Boys and Girls Club dinner function a week ago Friday along with several representatives of the police department.It is believed they raised over $30,000 at the event.It was a nice opportunity to get to know some people in the community, and the police chief adopted 2 birds. Councilmember Serdy announced that Christa Rizzi got honored by the White House for all of her volunteerism.She works tirelessly for a lot of things and does not ask for anything in return.He thinks that is pretty special. Vice Mayor Eck announced the Apache Junction Drug Coalition had a walk a couple of weeks ago.Christa Rizzi is their director. Christa, the police chief and himself spoke at the function and it is made up completely of volunteers that are saying no to REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 3 OF 30 drugs.It was a two mile walk that was very community oriented and he thanked everyone involved. Mayor Insalaco announced he attended two graduations of the D.A.R.E. program at Four Peaks Elementary and Peralta Elementary.Next week he will have Desert Vista Elementary.A parent told him at Peralta that if it was not for the D.A.R.E. program and Bill Virtue, his son would be in dire straits right now.It is a worthwhile program if it even helps one child. Apache Junction is the only city in the East Valley that has not cut it from their budget.It is one of the most meaningful programs this city can give the parents and students. CITY MANAGER'S REPORT City Manager George Hoffman commented the second part of his report is a video on volunteerism in the community.He stated that despite months of work on the budget, they do not know if they are closing in on a draft balanced budget or if the city is $2.2 million short because of the State Senate proposing to grab vehicle license tax revenues that now go to the cities and towns. Community Relations Manager Pat Brenner presented a video on volunteerism in the city. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR CANYON FOOD MART )City Clerk Kathleen Connelly briefed the council on the items. Mayor Insalaco asked if the applicant was present.The applicant was present.He asked the council if they had any questions.The council did not.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for any further discussion.There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 4 OF 30 Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR CANYON FOOD MART, SUBMITTED BY THOMAS AGUILERA, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR MAY 25, 2009 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco asked if the applicant was in attendance.The applicant was.There were no questions from the applicant or city council.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and opened the item to further discussion.There being no further discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR MAY 25, 2009, SUBMITTED BY TERRANCE BROWNELL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1340, CASE AN -1-06, PROPOSED ANNEXATION OF REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 5 OF 30 APPROXIMATELY 123 ACRES OF VACANT PRIVATE LAND AT THE SOUTHEAST CORNER OF SOUTHERN AVENUE AND MERIDIAN DRIVE, OWNED BY FORTUNE TRAVEL INC./ORDINANCE NO. 1341, CASE PZ-6-05, A REQUEST BY FORTUNE TRAVEL INC. TO REZONE 111 ACRES OF THEIR 123 ACRE PROPERTY FROM GENERAL RURAL TO TRAILER HOMESITES BY PLANNED DEVELOPMENT Esquivias briefed the council on why continued again. Senior Planner Rudy these items had to be There was general discussion about continuing the items to June 16 in one motion. Mayor Insalaco opened the public hearing on the items. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated this is a large parcel right at the gateway to the city.He feels there are many people in town who would like to see something more than another trailer park development.He requested it be tactful and to not cut corners such as the sewer. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the items to council discussion. Councilmembers Coleman and Barker stated they agreed with Mr. Fisher. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1340 BE CONTINUED TO THE COUNCIL MEETING OF JUNE 16, 2009 FOR THE PURPOSE OF FINALIZING THE DEVELOPMENT AGREEMENT; ALSO, HE MOVED THAT ORDINANCE NO. 1341 BE CONTINUED TO THE COUNCIL MEETING OF JUNE 16, 2009 FOR THE PURPOSE OF FINALIZING THE DEVELOPMENT AGREEMENT. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 6 OF 30 Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-06, EXTINGUISHMENT OF PUBLIC ROADWAY EASEMENTS ON TAMARISK STREET AND ON RAINDANCE RAOD )City Engineer Giao Pham briefed the council on the item. Mayor Insalaco asked the applicant if she would like to speak on the item.She declined. There were no questions from the council for the applicant.He opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and called for any further discussion.There being no discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 09-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON RAINDANCE ROAD FROM JUNCTION STREET TO TAMARISK STREET AND TAMARISK STREET FROM VISTA ROAD TO RAINDANCE ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX -2009-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 7 OF 30 NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CIVIL VS. CRIMINAL PENALTIES FOR ZONING CODE VIOLATIONS )City Attorney Joel Stern briefed the council on the item. Councilmember Barker commented she would like to see them resemble the property maintenance code rather than go off on a new tangent. Councilmember Coleman agreed. He would like to see something along the lines of the outline of the civil penalties that they have in their packet where with the fourth offense it becomes criminal. City Attorney Joel Stern stated the fourth offense under the property maintenance code is different than a class one misdemeanor as to the bottom amount fine.The fine there would be $1,000.Before that would be the $250, $500 and $750 offenses.If this was a straight class one misdemeanor, it would be a $2,500 fine, not including penalties and assessments which could be over $4,800.It could be worked out later but he wanted to point out that a typical class one misdemeanor is a minimum of $2,500.When we drafted this, he believes this is what the council wanted to go with rather than the $2,500 fine. Vice Mayor Eck agreed it does not need to go that way. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CIVIL VS. CRIMINAL PENALTIES FOR ZONING CODE VIOLATIONS:THAT STAFF PREPARE THE CODE CHANGES NECESSARY TO ADD CIVIL PENALTY REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 8 OF 30 PROVISIONS FOR VIOLATIONS OF THE ZONING REGULATIONS AND INCLUDE FINES THAT RESEMBLE THE PROPERTY MAINTENANCE CODE. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ZONING BOUNDARY CHANGE AUTHORITY OF THE BOARD OF ADJUSTMENT )City Attorney Joel Stern briefed the council on the item. Councilmember Barker asked if this has happened very rarely. City Attorney Joel Stern commented in the twelve years that he has been here, it has happened only once at the board of adjustment.He has been told by either Rudy or Brad that there are 20 or 30 properties where there is such a division between one parcel.There is a likelihood it could come up more often for these properties along Old West Highway that have a CB -2 zoning. Councilmember Coleman commented he thinks that when they are actually changing the zoning, which is what that does, they should go through the zoning process.The neighbors should be aware of it.It is a protection they should give the neighborhood. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE ZONING BOUNDARY CHANGE AUTHORITY OF THE BOARD OF ADJUSTMENT: THAT STAFF PREPARE CODE CHANGES TO ARTICLE 11, SECTION 11.0103(b) OF THE CITY LAND DEVELOPMENT CODE NECESSARY TO REMOVE BOARD OF ADJUSTMENT AUTHORITY TO ALLOW THE EXTENSION OF ZONING BOUNDARIES. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 9 OF 30 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CARGO CONTAINER REGULATIONS )Development Services Director Brad Steinke briefed the council on the item. City Attorney Joel Stern stated his opinion is that this is not a zoning matter.There are not any zoning rights attached.The first time this was passed in 1988 they had three cargo containers that they wanted to allow in, so they exempted them.They did not call it lawful non -conforming because it is not zoning.If they hear anyone say they have lawful non -conforming rights, it is totally wrong. This is not zoning ordinance, it would not come back to planning and zoning unless the council wanted to get an advisory opinion. He would not recommend it.It is not because they would tell you the wrong things, but the proper procedure is for this to come back here because this is not zoning.There is another option which is to repeal this ordinance. Development Services Director Brad Steinke stated that was his other question.He asked the council if there were any other questions they wished to make. Vice Mayor Eck commented his biggest concern was when this was passed, he thought there was a list of rules to follow.It is his understanding that those rules have not been followed with the cargo containers in general, whether semi -trailers or not.There are cargo containers that are not on GR or R-143 lots necessarily, they are not screened properly, and there are code violations with some cargo containers within the community.He was curious as to where they are at in following up with that.One was brought to their attention where it sounded like one or two cargo containers were on a half acre lot.He did not vote for cargo containers and he does not know that he would vote to remove them now.Since they are in, he wanted to know if they have REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 10 OF 30 been controlling them with all the factors they put in regarding screening and everything else. Development Services Director Brad Steinke stated that following their approval of the cargo container ordinance, staff spent several months going through the 50 to 60 cargo containers that were on the list.All of those properties are currently in compliance, either having been granted a permit to have the cargo container in accordance with the rules and regulations or they were removed because they were not on a qualifying lot.After 7 months of staff work, they were able to say that they were good.Other ones have popped up illegally and they are in the process with a few of those. Vice Mayor Eck commented after allowing them they are going to see more and more of that. One can drive into the community and see them parked in the empty Walgreen's parking lot for sale.It is about the ugliest container he has ever seen in his life.He knows they are going to pop up.He was just curious how they were maintaining the ordinance. Development Services Director Brad Steinke stated they are almost through with the commercial containers.They are having a few issues with the requirement for the 9' high screening wall with some of them.They have had very little bloodshed with compliance with all of these properties. Councilmember Barker commented the vice mayor had brought up the issue of using semi- trailers as cargo containers.She asked what he wanted done with this. Vice Mayor Eck commented his concern was the ordinance overall.As far as using semi- trailers, he does not specifically recall pointing out semi- trailers separately from cargo containers.He does not think they should be able to put one on a smaller lot than an acre or acre -and -a -quarter.The one we saw was illegal and it should be removed. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 11 OF 30 Brad Steinke stated it was. removed. stated it was modified. commented it was cut in half. Development Services Director City Attorney Joel Stern Councilmember Barker Vice Mayor Eck stated he does not agree with doing that.The one on Broadway was cut in half and buried because it still had axles on it. Development Services Director Brad Steinke stated that is the one. Vice Mayor Eck commented he does not agree with that use at all.He did not think that was the way the ordinance was passed. Councilmember Coleman asked if the one that they saw the picture of is on a qualifying lot. Development Services Director Brad Steinke stated it is not. Councilmember Coleman asked if it were a qualifying lot if they cut it in half. Development Services Director Brad Steinke stated the reason it becomes okay is if they can take a structure and cut it into a structure that is less than 120 square feet.That does not require a permit in this city and it is allowed. Vice Mayor Eck commented that must have been what he was bringing up.He disagrees with that and he does not think that should be in that area whatsoever, cut in half or full size. Development Services Director Brad Steinke stated it is an abuse of that particular code requirement.They do not see a lot of it. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 12 OF 30 Vice Mayor Eck commented if they start seeing it, and somebody else sees it, before you know it starts to be often.The ones that were approved were approved for a specific area and he does not think they should be able to cut them in half and have two smaller versions.It looks the same.It just has a little gap in the middle of it. Development Services Director Brad Steinke agreed. Vice Mayor Eck commented he is for changing that in the ordinance if possible. Councilmember Coleman asked if they are allowed in any residential area if they are half the size of this. Development Services Director Brad Steinke stated cargo containers are allowed that are up to 40' in length and 9' in height on low density residential properties, which is generally the R-143 and GR properties. They must be placed in the side yard or rear yard unless it is physically impossible.It could then be put in the front yard with the approval of development services, but it would have to be screened in such a way that in 5 years 75% of the cargo container will be screened from view from the public. Councilmember Coleman asked if the property was 1.25 acres. Development Services Director Brad Steinke stated that property is an undersized lot, but it is the only example they could give them of what a semi -trailer without the axles looks like.If this was put on a larger lot, it would be allowed. Vice Mayor Eck commented they still would have to screen it on the larger lot. Development Services Director Brad Steinke stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 13 OF 30 Vice Mayor Eck asked what would need to be changed to stop them on anything less than an acre lot. Development Services Director Brad Steinke stated if his interest is to prevent someone from taking this type of trailer and carving it up into multiple pieces on a small lot, they will have to look at something different than the cargo container ordinance.They will need to look at the accessory building ordinance and the 120 square foot minimum requirement.They are certainly willing to do it if that is the direction. City Attorney Joel Stern stated it is probably a building code issue, also. Councilmember Coleman commented the 5 year screening is to allow oleanders or something to grow around it.He asked if they do not enforce it for 5 years. Development Services Director Brad Steinke stated it was an attempt to try to screen but he would not guarantee that staff will go back in 5 years and find that the plantings that took place accomplish that. Councilmember Coleman commented that there is basically no screening requirement. Development Services Director Brad Steinke stated there is but they will not know if it is an effective requirement for 5 years. Councilmember Coleman commented he thinks they could tell right now.That is why they do not want words like "unless" in a city ordinance.They then get accused of preferential treatment, as they ask why theirs is being enforced since it says unless in the code. Mayor Insalaco asked if there was something in the building code that could stop them from chopping it up and making two out of it. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 14 OF 30 Development Services Director Brad Steinke stated not if it is less than 120 square feet. They could have 50 of those 120 square feet little structures if they can put them in. Vice Mayor Eck commented he would like to go in a direction to stop those.If it means going through a new process, he is sorry.He thinks they have created enough damage; they do not need to continue with any more. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck asked what was needed in order to accomplish this. Development Services Director Brad Steinke stated they may be off the topic but they could tell them to go back and bring back ordinance language that would prevent something like this from being chopped up into bite size pieces in order for it to be allowed to exist on any size property in the city. City Attorney Joel Stern commented the topic is council direction to staff on cargo container regulations.They are not restricted.They can direct staff to change anything in here or draft a repeal ordinance and except out the ones that are currently on the books with the development services director. Vice Mayor Eck commented the problem he sees is that what is currently in the ordinance is legal; what they are talking about is not in the ordinance.It is something totally different.It is something smaller that is actually illegal now.They would need some new language. City Attorney Joel Stern stated it could be another item they could add to the cargo container ordinance. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 15 OF 30 Vice Mayor Eck asked if they could add that cargo containers and semi -trailers could not be chopped up to be used on any properties. Councilmember Coleman asked if Option A allows them to work on this. City Attorney Joel Stern stated it is pretty broad and they could work with that one. Vice Mayor Eck asked if they needed a lot size added to it. City Attorney Joel Stern stated if he has a lot size in mind, he can do so. Vice Mayor Eck commented he is okay on the lot size. City Attorney Joel Stern stated they can work with what is listed here. Vice Mayor Eck MOVED THAT WE GO BACK AND LOOK AT THE ORDINANCE, THAT STAFF PREPARE CHANGES TO THE DEFINITION OF CARGO CONTAINERS TO DISALLOW THE USE OF SEMI- TRAILER OR OTHER SIMILAR VEHICLES TO BE USED AS CARGO CONTAINERS THAT ARE REDUCED IN SIZE, CUT UP IN ANY NUMBER OF MORE THAN THE ONE CONTAINER THAT IS MEANT FOR THE LEGAL FASHION AS IS STATED. Councilmember Dietz asked if he was talking about just the ones being cut up or all. Vice Mayor Eck stated they are already illegal on smaller lots.He is saying they should not be able to go and cut them up to use them.They should be used in their full capacity. Councilmember Dietz commented they are talking about getting rid of semi -trailers being used as cargo containers. Vice Mayor Eck stated they are illegal now. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 16 OF 30' Councilmember Barker stated they are not on big properties. Councilmember Dietz commented they are legal on 1.25 acre properties. Vice Mayor Eck stated that is why he was asking for specific language, so he could get the motion straight.He wants to make sure that a cargo container is used at its full size.If it is a 20' full size container, it is fine.If it is 40' full size, that is fine.If it is not, he does not think they should be cutting them up into smaller containers and being used at anything less than what they were constructed. Councilmember Barker asked if a semi -truck trailer is okay in his motion. Mayor Insalaco commented a semi -truck is not. There was general discussion on what should be in the motion. Development Services Director Brad Steinke commented the question is if they want to change the ordinance to prohibit semi -trailers in any form from being used as cargo containers on 1.25 acre plus lots. Vice Mayor Eck commented he does not have a problem with them being on larger lots as long as they conform.The axles must be off, they must be at ground level and they must be screened.A semi -trailer looks the same to him as a cargo container.He does not want them cut into pieces so that they can be used on smaller lots. City Attorney Joel Stern stated when he says they must be screened, that gets it back to the 5 year issue and then they have a practical issue of whether development services goes back to look.They have a 5 year rule, but the question is if they are enforcing it. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 17 OF 30 Vice Mayor Eck commented he thought the question was that they were already being used on an acre or 1.25 acre lot and right now they can cut them up and use them on smaller lots.That is what he is trying to get at.He wants to stop that. Development Services Director Brad Steinke stated he understands that.They are willing and able to come back with some suggested language to prevent that. Vice Mayor Eck commented he needs a proper motion. Councilmember Barker commented she feels like the semi -trailers themselves should be prohibited.That is what the original discussion was about. She agreed with him on the chopping up of these or anything. She asked if he was going to include the prohibition of semi- truck trailers. Vice Mayor Eck stated he would not if they remove the axles and put them at ground level. To him, if they are going to approve the cargo containers, then they might as well approve the semi -trailer. Councilmember Coleman commented he is in agreement with Councilmember Barker.The cargo containers that he has seen he appreciates coming in to compliance.There was one down the road from him that had Bud Light on the side.It has been painted, molding has been added and it is being used as a tack room.It looks good.He does have a problem with the use of a semi -trailer as a cargo container. Vice Mayor Eck commented that someone else should make the motion as he was not in favor of cargo containers in the first place, which would not have included the semi -trailer.It was created and they have 50 or 60 that have complied.He just does not like cutting them up into smaller pieces and using them on smaller properties. City Clerk Kathleen Connelly asked if there was no second on the vice mayor's motion. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 18 OF 30 It was determined there was no second to the motion. Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CARGO CONTAINER REGULATIONS:THAT STAFF PREPARE CHANGES TO THE DEFINITION OF "CARGO CONTAINER" TO DISALLOW THE USE OF SEMI- TRAILER OR OTHER SIMILAR VEHICLES TO BE USED AS CARGO CONTAINERS; AND THAT WE TAKE A LOOK AT THE SCREENING REQUIREMENTS; AND THE CHOPPING. Councilmember Barker SECONDED THE MOTION. VOTE:6-1 (Vice Mayor Eck voted in opposition.) The motion carried. SEMI-TRUCK/TRAILER PARKING REGULATIONS WITHIN CITY LIMITS )Development Services Director Brad Steinke briefed the council on the item. Councilmember Coleman asked if Tomahawk is a collector street. Development Services Director Brad Steinke stated it is arterial. Councilmember Dietz asked if the half mile road is the collector. if Tomahawk is a collector street. Brad Steinke stated it is arterial. Development Services Director Brad Steinke stated half of the half mile is collector.There is debate and confusion.He can tell them what is a major arterial, a minor arterial, a collector and a local road.As there is confusion, he would like to take a look at it and clarify it for this ordinance. City Attorney Joel Stern asked the city engineer to explain the difference in the streets. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 19 OF 30 City Engineer Giao Pham stated it is based on the functiOnality of the street.A one mile, section line roadway is an arterial.Principle arterials carry more volume of traffic.The collectors serve to collect neighborhood traffic onto the principle arterials.The neighborhood streets are the residential streets where people drive onto them from their driveways.The definition change could be to make it no parking in any right-of-way.That would resolve a lot of the issues. •Development Services Director Brad Steinke stated that is the answer to the first question. He asked if they wanted to allow the police department the authority to ticket the truck if the driver is not there. The consensus was yes. City Attorney Joel Stern stated he would be working on that part of the ordinance.The code needs to be changed to allow a police officer or volunteer to put a ticket on the vehicle rather than having to wait for the owner to show up.The ordinance would also be for the disabled parking. Vice Mayor Eck asked if this pertains to private property that is not owned by the person who owns the semi, such as the person who goes behind Diamond Shamrock and parks in the empty field.They have 4 or 5 trucks parked there and the drivers do not own the property. City Attorney Joel Stern asked if he was talking about giving tickets on private property. Vice Mayor Eck commented would like_torget them off the streets and right-of-way, but he is curious about the use of private property that does not belong to them. City Attorney Joel Stern stated the private property issue is _a -zoning issue.If they are not allowing truck parking, Article 20 of the zoning REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009. PAGE 20 OF 30 ordinance would have to be changed that would specifically address semi -truck parking on private property. Vice Mayor Eck commented they would be able to ticket the person parking across the street from the football field but they could drive up onto the private property and park there.It is an out-of-state property owner. City Attorney Joel Stern stated they would have to have a zoning code in place saying they could not park on private property.A notice would have to go to the owner. Vice Mayor Eck commented he does not have a problem with the ones that own their property. Councilmember Dietz commented there are property owners of 1.25 acres or more that actually park their rigs on their own property, which is fine. Vice Mayor Eck stated if it means getting them started by doing this, he is all for it in order to get them off the street and the right-of-way.They could try not being the parking lot of the big rigs of the East Valley.That is what he thinks they have become. Development Services Director Brad Steinke asked if they should address the street parking only before they get into the private property parking. Vice Mayor Eck stated they should. Councilmember Dietz commented he thinks the last time theydiscussed this that was what they had decided to do.: Councilmember Barker commented she would like to include direction to amend the zoning code to include the similar wording to what they have here plus address the private property. REGULAR MEETINGr_OF THE CITY COUNCIL MAY 19, 2009 PAGE 211OF 30 Development Services Director Brad Steinke asked if they wanted to regulate semi -truck parking on residential property.Right now there is not a valid ordinance or regulation in place to prevent semi -truck parking on any type of property.The city attorney has said that if they are interested in regulating semi -truck parking on private property or residential property, it should be put in the zoning code. Mayor Insalaco commented this is about parking on private property that is not theirs. Vice Mayor Eck commented they have to break it down. Mayor Insalaco commented he does not want to stop someone from parking on their own property. Vice Mayor Eck commented that would be taking away their property rights. Mayor Insalaco commented he does not want to see them parked in the church parking lot like they have been. Development Services Director Brad Steinke stated there is interest from a few of them to regulate on vacant property or to park on someone else's property.He asked if they wanted to prohibit permanent or long term semi -trailer parking on a residential property.A trailer would be parked on a property and is not being hauled back and forth by the user.It is being parked there, basically permanently, for whatever reason.It is not part of an operation where someone drives a rig and occasionally parks it on their property. Vice Mayor Eck commented he thought they had just taken care of that. Development Services Director Brad Steinke stated if it was being used as a cargo container, it was taken care of.If it is sitting there not being used as REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 22 OF 30 a cargo container, but is empty or anything else, it could be a separate issue.Chances are i it is being stored on the site, there is probably something in it.He asked if they wanted to prohibit a semi -trailer from being parked on private property permanently. Councilmember Barker stated they do.She was on the council when the original ordinance was passed.The intent was to keep them from parking on shoulders, in front of other peoples' homes, and zooming away at four o'clock in the morning.It was to stop them from just deciding they were tired and pulling over.They had a lot of that then, and they are getting a lot of that now.If one goes to the far ends of the community, you will see numerous rigs pulled over wherever they can find a spot on the side.Some of them park in the neighborhoods.She had one pull up in her neighborhood a few weeks ago and he left his engine running all night while he slept. Councilmember Coleman asked if that was when Councilmember Hendricks was on the council.It seemed he was getting complaints about them starting up early in the morning in residential areas.People were calling him early because of the noise. Councilmember Barker stated it was.There is a lot of noise pollution and air pollution coming from them. Councilmember Coleman commented he had thought there had been an ordinance in place because of that. Councilmember Barker commented we found out it had to be in the zoning code. Development Services Director Brad Steinke stated there is an ordinance in the book but it is essentially unenforceable as it says they cannot park a semi- trailer on residential property. Councilmember Barker added or in a residential area. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 23 OF 30 Development Services Director Brad Steinke stated they cannot enforce it so it is back to what do they want to do.They can take the same language and make it right by putting it in the zoning code.They can also make a distinction that if someone is a truck driver, they will be allowed to park their truck or their owner's truck on their property between runs, and if it should be limited to larger lots or allowed on smaller lots and all zoning districts. Councilmember Wilson commented his son used to drive the open road, and there is an allowable time that he can be on the open road.He would park on their property for his rest time.He asked how that would be affected. Mayor Insalaco commented he had given him permission to do so. Councilmember Wilson commented someone parked down the street from her.If they went to the extreme of outlawing them across the entire city, and someone is involved in a rest period, he asked how they would get around that as it is federally mandated. Department of Public Safety Director Jerald Monahan stated he believed they could include language that would allow short break periods.The challenge would be where they could park the rig at the time of taking the rest.It could still generate complaints from neighbors in the area that are hindered or the unsightliness of the rig and how long it would be there.It could be explored to include that type of language for the rest periods required. Councilmember Wilson asked how they would balance the two requirements.Personally, he thought it would be great if they could turn around and designate some magic property that we do not own to be acquired and made into a controlled parking area.They would even set it up to pay to park there as they would have security. Department of Public Safety Director Jerald Monahan stated the shorter breaks could be allowed in those areas like a day driver that comes home for a REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 24 OF 30 meal.The rig could be there for an hour or less.The down time for the rest period is much longer. Councilmember Wilson commented it is 8 hours. City Attorney Joel Stern stated he had been asked to check into the area south of Silly Mountain.He checked with Mr. Bell and was told that the Bureau of Land Management would probably not allow that. Vice Mayor Eck commented they have a huge lot at the golf course in Gold Canyon.They have not had the women's golf tournament there in 3 years, and that is the only time it is used.It is a huge graded lot that is sitting there. City Attorney Joel Stern stated that is a state land issue and he is not sure they would allow temporary parking year round.They would probably charge the city for a lease if it was allowed.There would be a cost to it. Vice Mayor Eck commented he would like to get something started to get them off the streets and the right-of-way.If the property thing is an issue, he does not want to -take away the right for someone to park their big rig on their own property, especially if it is an acre or 1.25 acre_property,However, he bets that if they started checking the ownership of the rigs that are being parked out here, a lot of them will not be Apache Junction residents.They just get away with it here. Mayor Insalaco commented he knows of two for _a fact that live in East Mesa and they park them out here. City Attorney Joel Stern commented from the complaints that he has received and looked into from:the criminal side of:the _office, usually it is :someone who parks:on•Baseline or Goldfield and they live in the vicinity but they do not have a large lot.It is just their livelihood and it is the only place they can park where they can keep an REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 25 OF 30 eye on it.If they live in a two-story, they want to be able to look over the wall and see that their truck is still there. That is the typical situation. Vice Mayor Eck commented they need to get back to step A and just do the streets and the rights -of -way. City Attorney Joel Stern stated step A is quicker and it does not have to go to the planning and zoning commission.He would draft up an ordinance that essentially will create a parking ticket program where there will be no parking in the public right-of-way and it will allow for ticketing on the windshields like almost every other city does. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING SEMI- TRUCK/TRAILER PARKING REGULATIONS WITHIN CITY LIMITS:THAT STAFF BE DIRECTED TO AMEND THE CURRENT ORDINANCE TO ALLOW FOR BETTER ENFORCEMENT OF THE PARKING OF SEMI-TRUCK/TRAILERS ON PUBLIC STREETS AND RIGHTS -OF -WAY INCLUDING, BUT NOT LIMITED TO, A REVISED PROCESS FOR TICKETING VIOLATORS. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT A JOINT MEETING WITH THE APACHE JUNCTION MAIN STREET PROGRAM/COMMUNITYaEVELOPMENT CORPORATION BOARD BE HELD AT 5:30 P.M. ON JUNE 1, 2009 IN THE CITY COUNCIL CHAMBERS. Vice Mayor Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 26 OF 30 VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT THE JOINT DINNER WITH THE APACHE JUNCTION CHAMBER OF COMMERCE BE HELD AT 6:00 P.M. ON JUNE 3, 2009 AT A LOCATION TO BE DETERMINED WITHIN THE CITY LIMITS OF APACHE JUNCTION. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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, JUNE 1, 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, JUNE 2, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council regarding the disruptions occurring at the city council meetings. Mrs. Debra Weller, 471 W. 21st Avenue, Apache Junction, addressed the council regarding small businesses and code enforcement. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding disorderly conduct at the city council REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 27 OF 30 meetings, rights being taken away at the city council meetings, and that the city should shop AJ. Mr. Noel Benoist, 900 N. San Marcos #39, Apache Junction, addressed the council regarding cargo containers and creating a truck parking lot. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding the parking of commercial vehicles, semi- trucks and cargo containers. Vice Mayor Eck commented they talked about Call to the Public last night in executive session so they cannot comment on it now, but they do not want to have a council meeting that seems to be out of control.At the last meeting 2 people he witnessed could have been arrested for disorderly conduct.He will not tolerate it anymore, and their goal is a proactive approach and it should not be for personal agenda items.Mr. Fisher talked about buying the trucks.When they buy by state contract, they have tried desperately to buy within the community, but if they cannot meet the price, they have to go outside the community for the lowest price.On the semi -truck issue, in his mind he considers a 25'or 30' dump truck the same as a semi -truck that pulls a 40' trailer.He believes those were included. Councilmember Serdy addressed Mr. Fisher in saying that a newcomer has as much right to speak at Call to the Public as someone who has been here 16 years; being here longer does not give him a right to be more disruptive.Regarding buying the Ford, they went into that at the work session before this last one and he has been following up on that.He directed Bryant Powell to contact Mr. Fisher and explain why the Ford truck was not purchased in the city. Councilmember Barker congratulated Christa Rizzi for everyone on the council. ADJOURNMENT the meeting at 8:42 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 28 OF 30 Mayor Insalaco adjourned 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of May 5, 2009. 3. Consideration of proposed Resolution No. 09-19, declaring support of the Pinal County Comprehensive Plan and suggesting certain amendments. 4. Consideration of approval of award of contract to United Healthcare for employee health benefits. 5. Consideration of authorization for the City of Apache Junction to purchase a replacement prisoner transport van for the Police Department at a total cost not to exceed $51,182.53. 6. Consideration of proposed Resolution No. 09-18, authorizing the submittal of an application for the Governor's Office of Highway Safety grant application for Fiscal Year 2009-2010. 7. Consideration of Resolution No. 09-16, authorizing the submittal of an application for the American Recovery and Reinvestment Act of 2009. 8. Consideration of Resolution No. 09-17, authorizing the submittal of a grant application to the Ak-Chin Indian community for Proposition 202 funds. ACCEPTED THIS 2ND DAY OF JUNE, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF JUNE, 2009. J2 v 4 S. INSALACO M. REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 29 OF 30 ATTEST: vee.t.„ KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of May, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th of May, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 19, 2009 PAGE 30 OF 30