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HomeMy WebLinkAbout2009-11-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 17, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 17, 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 Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker 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 Development Svcs. Director Brad Steinke Planning Manager Fred Baker Economic Dev. Director Steve Filipowicz Others Present:Captain Troy Mullender Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 1 OF 22 Program Coordinator Heather Patel Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN FOR THE CITY TO JOIN COPPER COMMUNITIES ALLIANCE; AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2009-2010 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $14,400; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY -APACHE JUNCTION BRANCH IN THE AMOUNT OF $11,000; COMMUNITY ACTION HUMAN RESOURCES AGENCY IN THE AMOUNT OF $8,000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $6,700; EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $24,900; AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER IN THE AMOUNT OF $15,000; FOR A TOTAL AMOUNT OF $80,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES, INC. FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2009-2010 IN THE AMOUNT OF $26,432; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA REPUBLIC FOR LEGAL ADVERTISING FOR 2010 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 2 OF 22 AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Safety Director Jerald Monahan gave a brief presentation on the police department's strategic plan. Program Coordinator Heather Patel gave a brief presentation on free tax preparation sites available in Apache Junction for tax year 2010.Mr. Ricardo Banuelos from United Way of Pinal County gave a presentation on their partnership with Empowerment Systems to provide additional sites for tax assistance. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced that this past weekend he worked with the Parks and Recreation Department with their Little Buckaroos, co -sponsored with the Superstition Horsemen's Association.The children did gold panning, shot a bow and arrow, rode stick ponies, participated in a petting zoo and interacted with horses. Councilmember Serdy commented Main Street is taking donations from individuals and businesses for the Christmas light display in the center median. Mayor Insalaco commented the art show at the college this last weekend was well attended. Mayor Insalaco commented he visited a second grade class at Superstition Mountain Elementary today and was impressed with the quality of the penmanship, spelling and wording of 25 letters he had received from them previously. CITY MANAGER'S REPORT City Manager George Hoffman had no report.Public Safety Director Jerald Monahan introduced Troy Mullender, recently promoted internally to captain. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, INDIVIDUAL, RESTAURANT LIQUOR LICENSE FOR LA RAZA STEAKS & RIBS ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 3 OF 22 )City Clerk Kathleen Connelly briefed the council on the Mayor Insalaco requested the applicant address the council. Mr. Gilbert Martinez, Tres Banderas Restaurant, addressed the council.He stated his daughter graduated from the Culinary Institute of Phoenix and wishes to have her own place.He hopes it will be good for the community.It will not be Mexican food this time, but steaks and ribs.She figures she cannot compete with him.He talked to the fire department yesterday and they will be coming back to finish their inspection. Ms. Blanca Martinez addressed the council.She thanked them for the opportunity and hoped she would be bringing new jobs to the community. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Serdy asked if there would be seafood. Councilmember Barker commented the menu is in the packet. Mayor Insalaco closed the item with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE APPLICATION FOR A NEW LICENSE, INDIVIDUAL, RESTAURANT LIQUOR LICENSE FOR LA RAZA STEAKS & RIBS, SUBMITTED BY BLANCA MARTINEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 4 OF 22 The motion carried. OLD BUSINESS None. NEW BUSINESS RECONSIDERATION OF AN APPOINTMENT TO PLANNING AND ZONING COMMISSION ) )Vice Mayor Eck commented when they did the reappointments and new appointments to the different boards and commissions, they had four boards and commissions combined.The last one to be voted on was the Planning and Zoning Commission.He missed a reappointment.He generally does reappointments as long as he knows the person is active and they are doing the job.He is taking responsibility for missing this reappointment for Planning and Zoning of Tess Nesser.She is like the volunteer of the year every year in Apache Junction.He apologized to her.He understands that the new people have been sworn in.He thinks it would be an insult to take someone they had appointed and take them off.He certainly hopes her application will be in for any future openings. Councilmember Barker asked what he wanted to do. Vice Mayor Eck stated he is doing nothing.He is dropping this. City Attorney Joel Stern asked if he was withdrawing his request. Vice Mayor Eck stated that is correct. City Attorney Joel Stern stated there should be a motion that they are taking no action. Mayor Insalaco closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 5 OF 22 Vice Mayor Eck MOVED THAT WE TAKE NO ACTION ON ITEM 12. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF TEMPORARY SIGNAGE OPTIONS )Business Advocate Janine Solley briefed the council on this item. City Manager George Hoffman suggested Brad Steinke come up as he was seeking to distill some of the discussion into direction language. Development Services Director Brad Steinke stated this direction on temporary and portable signage is basically a discussion amongst all the departments in the city.The department that will receive the business end of this is development services.They will have to implement the direction and interpret it for enforcement.Last night the downtown consultants came in and suggested moving sign code ,,enforcement from the proactive category to the based on complaint category.His department is proactive on trash debris in front yards, weed overgrowth, and building/life safety issues at this time.Signs were part of that category in the recent past.They are suggesting following through on signs only if there is a complaint filed with the department.They also suggested that if a complaint is filed, and before we go into their enforcement mode, we send our business advocate to talk to the business and advise them what their options are for signage and that what they are doing may be in violation.They can then determine what they are going to do about that.If they cannot or will not bring the sign into compliance, then we would go into code enforcement mode.The consultants showed them pictures of different portable signage last night.There are certain types of portable signage that are more visibly tasteful, better and more easily managed by the city, and will REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 6 OF 22 not create clutter along the right-of-way.They tended to want to move the council in the ditection of the fin flag signs and away from the a -frame signs.If a sign is in the right-of-way or in harm's way, it can be pulled immediately; they do not have to worry about going into enforcement mode.Other types of signage may be illegal now but desirable in the short term until it is figured out what they want to do permanently with signage. The city could send them a letter of violation but not follow through until the downtown signage issue is completed.The city attorney is suggesting that we regroup as staff, put into specific terms what the consultant was suggesting, come back to the council in two weeks and have the council approve an ordinance that would allow staff not to go into enforcement mode until they come back around June with final recommendations.It would be a temporary ordinance until they come up with a permanent one.Another idea came up today which may allow us to put all of this on hold.If the council is okay with the fin flag signs as portable signage that do a good job for the business and help out from an aesthetic standpoint, but not allow the a -frame signs, they can come to an interpretive conclusion that the fin flag signs are essentially banner signs. We allow two banner signs per business.If fin flag signs are classified as banner signs, they do not need to talk about any of the other things until the consultants come back in June with a possible permanent solution. Councilmember Coleman commented he does not think they can do enforcement based on a complaint.They would get into a situation where one business calls in and turns in a business and then they turn around and want to know who complained against them and why their sign is complained upon when there are 10 more on the street just like it.They would want to know why those could remain when theirs cannot.It just does not work.He thinks the fin flag signs are banner signs and they should just go with that.They should let the ones with the a -frames know they can have the fin flag signs and they need to replace the a -frames. Vice Mayor Eck he agreed with Councilmember Coleman that they should set the fin flags signs as banner signs.He was concerned about limiting it at two per business, especially when comparing a business on a 10 acre site to one on quarter acre site.The larger site could have two REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 7 OF 22 signs right off the freeway.He asked if they could do an allotment of signs per lot size. Development Services Director Brad Steinke stated they currently could not.It is something the consultants could look at for a permanent solution.They have not had a lot of people looking for multiple fin flag signs, at least not more than two.It has not come up. Councilmember Wilson asked if it is okay for some one to have a fin flag sign with no wording on it. Development Services Director Brad Steinke stated that is how they have interpreted it in the past. Councilmember Wilson commented they have 4 fin flags with no wording and two banner signs.He asked if he would now be in violation if they go to the fin flags being banner signs. Development Services Director Brad Steinke stated the banner sign becomes a banner when it has writing on it.Otherwise, it is just a colorful flag. Councilmember Serdy commented he thinks Janine is going to become very important in this in letting people know what they can and cannot do.A lot of the independent businesses will not know.A lot of businesses do not want a hand out; they just want to take care of themselves. He would like a better interpretation about private property. He asked if they can put the good-looking a -frame signs on their own private property.There seems to be some interpretation as to what is the right-of-way.They want to know if they can have a -frames if it is back on their property on their sidewalk as long as it is not interfering. Development Services Director Brad Steinke stated their interpretation, after discussing it with Rudy Esquivias, is if it is not intended to be viewed from the road and is not along the road, they would not interpret it to be a violation.If it is up by the storefront, for example REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 8 OF 22 the little one that talks about hamburgers out in front of Crow's Nest, then that would hot be a violation. Councilmember Serdy stated if he is driving and cannot see it, it is okay. Development Services Director Brad Steinke stated there is interpretation there, but if it is not intended to be viewed from the road, they do not enforce it. Councilmember Barker commented the a -frame at Khyn's Jewelry that is on their sidewalk right in front of the door to the shop is fine. Development Services Director Brad Steinke stated that is correct. Vice Mayor Eck stated it is a couple of hundred yards from Main Street. Councilmember Barker stated you have to go through the parking lot to see it. Councilmember Serdy stated this would be important.Janine can help with the ones that are touchy.Being the business advocate, she can also advocate to enforcement.She will be very important in this. City Manager George Hoffman stated they do not want to fail to give clear policy direction and task the business advocate to argue with code enforcement. He wants to ensure that they have clear policy direction, but desires that both members of staff implement the council's wishes. Councilmember Barker stated it appears to her that if the fin flag signs when lettered are considered banners, and when they are not lettered they are considered flags, then they have several options.If professionally done a -frame signs can be placed in front of a business on their sidewalk in front of their door, and they are not meant to be a directional sign or viewed from the street, the problem is in misconstruing the view from the street phrase. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 9 OF 22 She thinks if they are going to continue to allow them inside the little plazas, which she feels are very appropriate for those vendors that are in an area of multiple businesses with a parking lot of some kind in front of them, then this will give them the opportunity to say the day's special.We need to clearly differentiate that sign from the one that is sort of pointing the way that should not be seen but is. City Attorney Joel Stern commented that is perhaps part of the long term fix and it may be part of the consultant's job. Councilmember Barker agreed. City Attorney Joel Stern stated it is an interpretation issue, especially when it comes to prosecution.He may have a different opinion then Mr. Steinke if it came to him.If he ever got it, like if Mr. Serdy saw it from a different vantage point, he might think it is intended to be seen from the roadway.There are some interpretation issues that need to be cleared up in the ordinance. councilmember Barker asked would that direction differentiate between the long term and short term if -this council was to direct staff to consider fin flags as banners, continue with their current interpretation of a -frames but to include that in a long term look at precisely what those should be, and to continue with more proactive enforcement as she agrees with Mr. Coleman that it would otherwise set up a battle, which she would prefer not to see. would that direction differentiate between the long term and short term. City Attorney Joel Stern stated he thinks what she is looking for is to allow the option that the fin flag signs are okay as banners, however, he believes, they can do that right now so they do not have to give direction on that point.For a long term process, she would like the sign ordinance to be looked at by the planning and zoning commission as to a -frame signs and to expand the fin flag issue.This should be done over the next 6 months and then 'bring back a recommendation to the council. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 10 OF 22 Councilmember Barker stated she believes that is correct. City Attorney Joel Stern stated if they are going to use the business advocate as an ombudsman, then that would mean a change in the code because that is currently not permitted.However, nothing stops.her from educating business people. Councilmember Barker commented it appears to her that educating business people would be part of the job description.It is a business opportunity. City Manager George Hoffman stated it would not be a formal role; it would be a function, an advocacy role.He asked the council what is the relationship of the expectation that G & G Consulting do their research and provide recommendations to the council around June 2010 and planning and zoning acting on this.In terms of sequence, is the commission to have the recommendations from the consultants before the council is asked to think about them. Councilmember Barker stated they should see the consultant recommendation first or we will be going backwards onthis.Planning and zoning would be doing one thing, the council would see the consultant recommendation, and then it would have to go back to planning and zoning -for us to complete it. City Manager George Hoffman stated that would be his conclusion, but he thought he heard a discussion about planning and zoning working on.it prior to them getting their work .done. Councilmember Barker stated , that iwas.brought up at the work session last night as amid -term approach She -had asked the necessity of that step iif.direction was given -to do :"X" until their report .came back and they began working on the changes they recommended. Councilmember Dietz commented he thought their .temporary direction to staff tonight -would be to come- up with a -temporary solution until G & G presented the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER17;,2009 PAGE 11 OF22, report, went through planning and zoning, and then comes through at the regular time with the regular signage.This would help our businesses through the holiday season and try to get a little relief going until they have everything established. Councilmember Barker asked what he had in mind in addition to the fin flags. Councilmember Dietz stated it would be the same as she stated; having the a -frames as long as they were next to the business and not lined up on the curb on Apache Trail.If they are professional -looking on the sidewalk of the business by their door giving specials or daily specials, they are fine.He likes the fin flags, also. Vice Mayor Eck commented he thinks the fin signs will become more popular as we go and tell the businesses they are allowed.They are currently telling them they are disallowed. Councilmember Dietz agreed. He thinks some businesses in the city have been told they are not allowed at all.There was some miscommunication. Councilmember Serdy commented that Brad said it is going to be a low priority. Development Services Director Brad Steinke stated he is not sure what they are going to do tonight.If they do nothing as far as direction, they will continue to enforce signage as a proactive measure as that is the last direction given previously.They are anxiously awaiting the work that the downtown group is going to do.The planning and zoning commission is awaiting that, whether expedited in April or in June.They will then take it to the planning and zoning commission and bring it back as quickly as possible.Unless he hears differently, sign code enforcement is still proactive. Councilmember Serdy stated he would like for it not to be so proactive. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 12 OF 22 Councilmember Coleman commented he thinks it needs to be proactive.Based on complaint does not work.From experience, he can tell them it does not work.They turn each other in, it gets nasty, and they want to know why they are picked on and no one else is.If they are going to have an ordinance to keep the roadways clean, then this is it.If they do not care, then that is fine, too.He thinks it should not be based on complaint, it should be proactive.The fin flag signs should be considered banner signs.That will get us through this temporary phase and they will then wait to see what the recommendations are after it goes through planning and zoning. Councilmember Serdy commented that is not really what he was meaning.He meant if they have more important things to do, he would rather they did the life and death things more actively and put these more on the backburner. Councilmember Coleman commented he would assume they would do that. Councilmember Serdy commented that is what he was meaning. Councilmember Coleman commented it sounded like he did not want it enforced. Councilmember Serdy commented he did not mean that.It should be life and safety always first. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT WE DO NOT DO ANYTHING. Vice Mayor Eck SECONDED THE MOTION. City Clerk Kathleen Connelly commented she was not sure that would work. THAT WE DO NOT DO ANYTHING. MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 13 OF 22 Councilmember Coleman asked the city attorney if they need to say the fin flags are banner signs. City Attorney Joel Stern stated they do not.It is an interpretation issue that is left up to the code compliance department.That is how they are interpreting it right now, so they do not have to give direction on that. Councilmember Coleman stated that basically, if they give no direction to staff, then it will continue to be proactive, fin flag signs are banner signs, we wait until G & G comes back with their recommendations, it goes through planning and zoning and it comes back to us. City Attorney Joel Stern stated there is also the issue of a -frame signs, which is also an interpretive issue that is being handled right now. Councilmember Coleman commented the way they are interpreting it is the way it will be interpreted. City Attorney Joel Stern stated there should be a motion to take no action. Councilmember Coleman AMENDED HIS MOTION TO SAY WE TAKE NO ACTION. Vice Mayor Eck SECONDED THE MOTION. City Manager George Hoffman stated he understands from the conversation of Councilmember Serdy and Councilmember Coleman, that of the many, many i,ssues facing this community such as graffiti, litter and junk vehicles, that those kinds of things he is supposed to focus the resources on ahead of things like proactively seeking out sign violations.He asked if that was a fair interpretation. Councilmember Serdy stated it is. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 14 OF 22 City Attorney Joel Stern stated they are not directing the city manager to do that. City Manager George Hoffman stated it is an understanding of the council's policy interest. Councilmember Dietz commented it is under Brad's interpretation of the law. Councilmember Coleman commented it is an either or sort of thing. City Manager George Hoffman stated it is a priority sort of thing as there are limited resources and he would like to know where they want the resources allocated. Councilmember Barker stated she appears to be hearing that they have some signage that is in the right-of-way, does not come under the category of a fin flag, flag or banner or anything else.She believes she is hearing that owner of those signs should be told that those signs are not allowable signs. City Manager George Hoffman stated he understands that signage in the right-of-way to be a health safety matter and would attend to that in a most expeditious way. Councilmember Barker commented she is happy. There was general discussion on the motion and second. VOTE:Unanimous. The motion carried. MODIFICATION OF ORDINANCE NO. 1350, SECTION 1, IN GENERAL, AMENDING THE CITY CODE VOLUME II, ZONING ORDINANCE, SECTION 20.0106(1) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 15 OF 22 RELATING TO SCREENING OF RV'S AND SEMI -RIG CABS WITH OR WITHOUT TRAILERS PARKED IN A RESIDENTIAL SIDE YARD )Councilmember Wilson commented he would like to address the fence requirements on hiding the different kinds of vehicle in the side yard.He showed them some pictures of a vehicle sitting behind a wooden fence.It does not do a good job of hiding what is behind it. He asked if they are trying to encourage this type of look.On his personal horse trailer, he put a section of fence in front of it.They can see how high up the horse trailer sits.This is sitting approximately 6" higher than if it was on the back of his truck because it has to be jacked up with it being a gooseneck.It is better than 10' high.He talked to Rudy and Brad and was told if he just put the fence around the trailer he would have to run it down both sides of his trailer to prevent the neighbors from seeing it and prevent it from being seen from both sides of the right-of-way.The trailer is still taller than the fence.He also had pictures of a boat behind a fence. On large lots he would like to be able to say they do not need to do this when they are parked on the side of the home.He asked for a definition of the front of a house.He has a patio cover on the front of his house and the back of the house. According to Rudy, the front of the house is in front of the patio and runs all the way to the back of the patio.He would have to run his fence to the back of his patio from the front. He thinks they are trying to make a sore thumb out of this.He would like to readdress it on larger lots in the rural area of the community as they are different from the higher density areas. Councilmember Barker stated she does not have-,a problem with this atall, even with those in the city.On one specific street that she drives on there are examples of those parked out front, those parked in backwith fence and those parked in back without fence.The ones without fence look fine.The ones with fence look okay.The ones out front look horrible Vice Mayor Eck commented they would have to come up with a specific lot -size; they cannot just say a large lot. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009_ PAGE 16 OF 22 Mayor Insalaco asked if he is talking about an acre, 1.25 acres or a 20,000 sq.ft. lot. Councilmember Wilson asked if they could go down to the zoning and use the GR and the R-143. There are some older lots that are split and have horses.The older lots have some of these areas. Vice Mayor Eck reiterated they need to come up with a specific size.They have to give a number. Councilmember Wilson asked if this is a direction to staff for them to come back with their recommendation. City Attorney Joel Stern stated this is a direction to staff to return Ordinance No. 1350 with the change that he is seeking.Councilmember Barker made one two weeks ago.This ordinance would probably come back at the same time as we do that change. Vice Mayor Eck stated the lot size in that ordinance was given as 10,000 sq.ft.It covered through time when we had 11,000 sq.ft. lots and then 20,000 sq.ft. lots and up.He believes the motion that was already given on this ordinance was 10,000 sq.ft. or larger. City Attorney Joel Stern stated he thought it was 20,000.He asked if Rudy knew. Councilmember Coleman thought it was 10,000. Senior Planner Rudy Esquivias stated the provision of the ordinance talking about lot size had to do with allowing fences taller than 6 feet.It is in a different provision of the code.The provision of the code that we are discussing tonight and possibly making a surgical change to is 20.0106, the parking requirements.That is the provision that says one recreational vehicle or a semi may be parked or stored in a residential zoning district in the rear yard if room permits.An exception may be granted for a recreational vehicle REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 17 OF 22 or semi to be parked or stored in the side yard if there is adequate space and if such vehicles do not encroach beyond the nearest front façade of the dwelling.There is no mention of lot size in this provision.That was in a separate section. City Attorney Joel Stern stated if they are going to talk about that section they need to agendize that section.It is not agendized; it is specific to 20.0106(1) relating to the screening of RVs. Councilmember Coleman asked if they could extend out past the front of the house at all to be considered in the side yard. Senior Planner Rudy Esquivias stated that is correct. Mayor Insalaco stated he wants the 6' opaque fence removed. Vice Mayor Eck asked if he is saying it currently needs to be three -sided or four-sided. stated that is correct. wants the 6' opaque fence removed. Councilmember Wilson stated it depends on where you park it.It could end up being three- sided.It would be the front and both sides.If you park it up by the house where it cannot be seen, they can use the house as a block.But you would then have a two-sided fence in an L shape. City Clerk Kathleen Connelly suggested they just strike out the last four lines. City Attorney Joel Stern agreed. Senior Planner Rudy Esquivias stated that is what he is basically proposing. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 18 OF 22 Councilmember Wilson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING COUNCIL DIRECTION TO STAFF ON MODIFICATION OF ORDINANCE NO. 1350, SECTION I, IN GENERAL, AMENDING APACHE JUNCTION CITY CODE VOLUME II ZONING ORDINANCE, SECTION 20.0106(1) RELATING TO SCREENING OF RV'S AND SEMI -RIG CABS WITH OR WITHOUT TRAILERS PARKED IN A RESIDENTIAL SIDE YARD:THAT THE LAST FOUR LINES BE REMOVED FROM THIS ORDINANCE.I FURTHER MOVE THAT THESE CHANGES BE COMBINED INTO ONE ORDINANCE WITH DIRECTION ON ORDINANCE NO. 1350 PREVIOUSLY GIVEN TO STAFF ON NOVEMBER 3, 2009, AND THAT THIS ORDINANCE BE BROUGHT BACK AT THE COUNCIL MEETING OF DECEMBER 15, 2009. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AMENDMENTS TO THE CARGO CONTAINER REGULATIONS )Development Services Director Brad Steinke briefed the council on the item. Vice Mayor Eck commented the only problem he sees is that they told the people with them a specific way to screen the containers several months ago and now we are already telling them that they cannot screen them the way we told them to screen them. Development Services Director Brad Steinke stated staff is not recommending this; they are just reacting to things heard previously from the council. Mayor Insalaco commented they can still do the first of the two issues. City Attorney Joel Stern stated they can. There was general discussion on what he meant by number one. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 19 OF 22 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 AMENDMENTS TO THE CARGO CONTAINER REGULATIONS:THAT WE ELIMINATE SEMI -TRAILERS AS CARGO CONTAINERS. Councilmember Dietz SECONDED THE MOTION. VOTE:6-1 (Councilmember Wilson voted in opposition.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, NOVEMBER 30, 2009, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, DECEMBER 1, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. James Salisbury, 949 W. 15th Avenue, Apache Junction, addressed the council regarding Ordinance No. 1350 and suggested the city work with the owners to get the RVs into the side yards or backyards. Mr. Anthony Falzon, 725 W. Apache Trail, Apache Junction, addressed the council regarding the signage issue. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 20 OF 22 Ms. Roxie Watts, 1302 W. Apache Trail, Apache Junction, addressed the council regarding the signage issue. Councilmember Serdy commented he hopes that what they have done helps.There is still some room for the interpretation and he hopes that it goes favorably. Vice Mayor Eck commented the things they had discussed this evening on the signage issue will alleviate some of the problems.He added the enforcement will be proactive. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:29 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 3, 2009. 3. Consideration of approval authorizing the City of Apache Junction to join the Copper Communities Alliance. 4. Consideration of Fiscal Year 2009-2010 professional services agreements with six human service agencies to provide in -city services in the total amount of $80,000. 5. Consideration of Professional Services Agreement with East Valley Adult Resources, Inc. for the Ride Choice Program for Fiscal Year 2009-2010. 6. Consideration of agreement with Arizona Republic for legal advertising for 2010. ACCEPTED THIS 1ST DAY OF DECEMBER, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF DECEMBER, 2009. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 21 OF 22 N S. INSALACO yor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 17th day of November, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd of November, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 2009 PAGE 22 OF 22