Loading...
HomeMy WebLinkAbout2008-04-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING APRIL 15, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 15, 2008, 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 Vice Mayor Eck gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present: Others Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly City Engineer Giao Pham Public Works Director David Fern Planning Manager Fred Baker Community Relations Manager Pat Brenner Sergeant Teresa Rodgers Animal Control Officer Debbie Sullivan Assistant City Attorney Mary Ann Coyne REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 1 OF 29 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE SILLY MOUNTAIN MASTER PLAN; AND THAT RESOLUTION NO. 08-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND A NON -PROGRAM CITY BE APPROVED; AND THAT THE AWARD OF BID FOR PROJECT NO. PW-2008-03, EQUIPMENT AND LABOR TO CRUSH RECYCLED ASPHALT CONCRETE, BE AWARDED TO J G PERRIGO, LLC IN THE TOTAL AMOUNTS OF $4,500 FOR MOBILIZATION, CRUSHING UP TO 6,000 TONS OF ASPHALT CONCRETE AT $4.14 PER TON, 6,001 TO 12,000 TONS AT $3.96 PER TON, 12,001 TO 18,000 TONS AT $3.78 PER TON AND 18,001+ TONS AT $3.60 PER TON; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PROJECT NO. PW-2008-05, SLURRY SEAL PROJECTS IN THE ARROYO VERDE, SUNRISE SHADOW AND IRONWOOD COVE SUBDIVISIONS, BE AWARDED TO ACE ASPHALT THROUGH MOHAVE EDUCATIONAL SERVICES IN THE AMOUNT OF $120,000 PLUS 10% CONTINGENCY IN THE AMOUNT OF $12,000, FOR A TOTAL AMOUNT NOT TO EXCEED $132,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Community Relations Manager Pat Brenner introduced Steven Amrhein from the Indian Summer Neighborhood Association. Glenn Frederickson from the Arizona Early Day Gas Engine and Tractor Association presented a check in the amount of $1,800 to Mayor Insalaco for the parks department scholarship fund. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 2 OF 29 Marta Saint James, president of Canine Companion and Dog Group, and Billie Bishop, Pinal County Adult Probation and a volunteer with the group, presented a check in the amount of $771 to Mayor Insalaco from a fundraiser to purchase a bulletproof vest for the police department canine. CALL TO THE PUBLIC: Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council to thank them for appointing him to the planning and zoning commission and parks and recreation commission but he must resign due to health reasons, and spoke in support of A- frame signs for city businesses. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding keeping Call to the Public at the front of the meeting. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council to thank them for the multi -generational center, spoke regarding a flawed police officer and asked the council to direct the city attorney to follow the judge's lead and dismiss all charges against his grandson or wait until the case is thoroughly investigated. Mr. Steve White, 105 N. Delaware, Apache Junction, addressed the council regarding remarks allegedly made by Councilmember Wilson at the April 14 work session about the San Francisco area. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Apache Junction Cancer Society Relay for Life Walkathon on Sunday, April 26, and demonstrated for the audience the new Playaway books available at the library. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding an article in the AJ News and her being requested to get a business license. Ms. Christa Rizzi, 1255 S. Sombrero, Apache Junction, addressed the council to advise she had told the school district of possible problems at the track with others using the track during school hours but they will apparently do nothing about it; she would like to see everyone be fingerprinted and carry identification that would use the track. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 3 OF 29 Mr. Jim Stephens, 3700 S. Tomahawk Drive #156, Apache Junction, addressed the council regarding business licenses and spoke in support of Shannon Flynn. Mr. Justin Agudio, 1635 S. Winchester #4, Apache Junction, addressed the council regarding complaints against Randy Eckert and alleging that Councilmember Serdy is selling cats out of his home without a business license. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a complaint against a business license employee. Mr. Don Schaefer, 10198 E. Rugged Mountain Drive, Peralta Trails, Gold Canyon, addressed the council to thank them for approving the Silly Mountain Park Plan. Ms. Glenda Serdy, 1425 S. Coconino, Apache Junction, addressed the council regarding a letter she received from the city attorney and the color of the law statute. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council regarding freedom of speech not being absolute. Mr. Mike Lewis, 4681 N. San Marcos Drive, Apache Junction, addressed the council regarding the AJ News article on Shannon Flynn being disturbing to him, deprivation of rights and then spoke in support of artists' rights. Mr. Emory Caudill, 39216 N. Kelley Circle, Queen Creek, addressed the council to sing in support of artists' rights. Mr. Gary Boland, 3700 S. Tomahawk, Apache Junction, addressed the council regarding the Apache Bravo Young Marines and their accomplishments and advised they would be available to assist at local events. Councilmember Serdy commented he was the one who spoke about San Francisco, not Councilmember Wilson, he apologized and stated that he was thinking of campus controversy when he spoke; that A -frame signs can be secured with an I -bolt in the pavement; that he would stay out of the treatment of his son; and that his cat business was in Maricopa County, not the city, he has a license there and he advised how he found homes for his kittens. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 4 OF 29 Councilmember Barker requested they get a card from the Young Marines in case they are needed for local events; it would be nice to integrate the young people in. Councilmember Severs commented he believes the A -frame sign issue is important and anything they can do to help businesses they need to do, that he hopes the school track issue will be taken seriously by the school board and they will resolve the problem, and that the words to the song were wonderful. Councilmember Dietz requested staff contact the school and let them know our concern that it is not appropriate during school hours. Vice Mayor Eck commented it was Councilmember Serdy who made the comments about San Francisco last night because there is no recruiting office there; that they are not going to move Call to the Public and the rumor may have started between one or two councilmembers who were discussing it but he has not heard that it is being changed; if they changed the time allowed to 5 minutes from 3 minutes they would have a two hour Call to the Public; that Jim Stephens appears to be accusing a councilmember of advising staff about Shannon Flynn and he does not believe that as any time you run for office you put yourself in the public eye and become a target; that his comments about staff should not be following up on businesses as it is a waste of time was amazing since Stephens and Flynn are wasting thousands of hours on public records requests that from what he sees do not mean anything; that they need monument signs on the freeway, not A -frames; that he does not believe the city has any authority to enforce anything on the school track although it is a matter for concern, and if the city has no authority he would like to see a letter of concern written to the school district about the citizens' concern about track usage, especially during school hours; that the council does not decide on charges on Kyle Serdy, that a third party, namely the Arizona Department of Public Safety, he believes, is doing an investigation; and that he was once a member of Junior Reserve Officer Training Corps and he got a third overall in the nation. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 5 OF 29 Councilmember Wilson announced he and his wife attended a large animal rescue class.They will have another class in the fall and he would like someone from the police department or animal control to attend.He would also like this information passed on to the fire district. Councilmember Serdy announced that Chamber of Commerce flyers will be going out in the local newspapers next week regarding donations to Centennial Park downtown.Once they get the cement they will move forward with the next phase. Vice Mayor Eck announced that the Bryant Powell Bureaucrats are going to take on Jeff Bell's Bombers in a softball benefit in two weeks at Prospector Park at 5:30 p.m. Mayor Insalaco announced on Saturday, April 5, he attended 2 more of the dedications for Habitat for Humanity.The board of directors were there and they praised the city as the only one that has come forward to do a whole subdivision and they have never worked as well with a city as they have with Apache Junction. Vice Mayor Eck commented the Habitat for Humanity community is in his neighborhood and it is great.However, there was a big rig loaded with copper that was parked there and they will have to address that issue soon. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, BEER AND WINE LICENSE FOR QUIKTRIP #436 )City Clerk Kathleen Connelly briefed the council on the item.In March QuikTrip filed an application with the Department of Liquor Licenses and Control for a site that they were interested in on South Ironwood.As required by law a notice was posted on the property giving interested parties a 20 -day time frame in which to file protests or letters of support.That time frame ended on April 10.They have been provided copies of various petitions and letters of protest.They have also been provided REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 6 OF 29 a letter from QuikTrip dated April 11, 2008, in which they are withdrawing their application for the liquor license.The city attorney has some advice on how to proceed with this.This is a public hearing and she feels we are obligated to give some kind of response to liquor control. City Attorney Joel Stern stated it is a public hearing and he suggested they open it to the public for any comment, then close the comment section, have a discussion if they want, but any motion should include a reference to the withdrawal letter and that the minutes of this meeting get sent to the Department of Liquor. Mayor Insalaco opened the public hearing on the item. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council.She did not know what the letter of withdrawal said and she does not think their request should be denied any more than they would deny any other business. City Attorney Joel Stern suggested the mayor read the letter into the record. Mayor Insalaco read "To whom it may concern, QuikTrip, please accept this letter as a formal request to withdraw our liquor application for the city council review on April 14, 2008.If you have any questions regarding this matter, please feel free to contact us." Mr. Matt Miller, 11335 E. Stern Avenue, Mesa, representing QuikTrip, addressed the council.He advised when they put the property under contract it was zoned C-3/PD, which they thought was zoned correctly for their use.They did not realize they would have that much opposition.When they applied for the liquor license, it was their understanding there should not be an issue with the zoning.Since then they have learned at a neighborhood meeting that a lot of people are opposed to this.They believe it is in their best interest to pull the application for now and go to the neighborhood.He spent all day today knocking on doors and talking to neighbors to let them know what they are going to do. He was trying to get support from them; he got 25 letters today from residents that live directly behind the site saying they REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 7 OF 29 would not mind the QuikTrip being there.They feel that until they have a chance to talk to the neighbors behind the site that they should pull that and get some support first before they proceed with that site. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, addressed the council.He stated from where he believes this site is, it would directly affect 3700 S. Ironwood.He asked if he was correct in that assumption. City Clerk Kathleen Connelly stated he was. Mr. Mike Weller commented a lot of the people in that mobile home park have threatened the city with legal action; it seems hypocritical that the council acquiesce to them. Mayor Insalaco closed the public hearing with no further comments.He reopened the item to council discussion. Councilmember Severs stated they have 254 signatures from people who live in that development behind them requesting the city not allow this convenience store and gas station to go into this neighborhood. He finds that discouraging.He is always fighting for businesses and whatever they can do to bring businesses and tax dollars into the community.He asked if those people would be happy when they do not have the money to fix the roads or the police protection when they call.They need to stop and think about what a business means to our community.There is also free enterprise.These people have a right to open a business there.People need to really stop and think before they try to stop something from coming here that we desperately need.He thinks it is good for QuikTrip to go out and get support for it. Even if they do not get the support, it is a great station and he hopes that they are there.. ViceMayor Eck commented he was concerned that the people do not know what that property was zoned for.There was supposed to be a motel with a shopping center.That never panned out.He asked if they have any idea how many vehicles come and go on Ironwood daily. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 8 OF 29 City Engineer Giao Pham stated a rough estimate would be 25,000 to 35,000. Vice Mayor Eck commented probably only 5 of those are residents of the city.If they are going to try to stop and get any type of retail out of these people it will be the service station because he does not believe it will put the Shell station out of business.As long as their prices are competitive, both stations will be packed. The nearest station going south is 10 miles at Ocotillo.There are no other services for gasoline or diesel.He asked how the city taxes fuel. City Clerk Kathleen Connelly stated the city is not allowed to tax fuel. Councilmember Severs commented the city would benefit from the convenience store portion of it. Vice Mayor Eck commented they would, but the main dollars are in fuel. Councilmember Severs commented that is true but QuikTrip usually generates twice the amount of regular convenience stores in tax dollars revenue. City Clerk Kathleen Connelly stated that remains to be seen for Apache Junction. Vice Mayor Eck agreed that they do not know that.He thought they might get the 2.2% on the fuel. Councilmember Serdy commented since QuikTrip is open 24 hours it would service all the people that the other station does not.A lot of those 25,000 cars could be going to night shift so there would be convenience for those people also and the city would not be getting that revenue otherwise. Vice Mayor Eck commented he likes that the developer is trying to get some buy in from the local community.It is a tremendous effort.The more effort he puts there will make it easier on the council. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 9 OF 29 Councilmember Severs asked them not give up on the community as they are needed. Councilmember Barker asked what the process is now that QuikTrip has withdrawn their application at this point in time in order to meet with the public and get some buy in.She asked what the city's options. are. City Attorney Joel Stern commented the options would be to do nothing or to make a motion acknowledging the receipt of the letter and the withdrawal and that a copy of the minutes of this meeting go to the Arizona Department of Liquor. Councilmember Severs asked why a copy of the minutes should go to the state liquor board saying that this applicant has withdrawn his application for now. City Attorney Joel Stern stated because they should acknowledge that it was withdrawn. If for some reason the department does not get that notification, they will wonder what Apache Junction did with it. Mayor Insalaco commented they have to get some kind of notification. City Attorney Joel Stern stated it has been filed with the state. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, BEER AND WINE LIQUOR LICENSE FOR QUIKTRIP #436 BE WITHDRAWN PER THEIR LETTER WITH A COPY OF THE MINUTES OF THIS MEETING GOING TO THE ARIZONA LIQUOR BOARD. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 10 OF 29 The motion carried. RESOLUTION NO. 08-08, GENERALLY APPROVING REGIONALLY SIGNIFICANT ROUTES FOR SAFETY AND MOBILITY; REJECTING THE ACCESS MANAGEMENT GUIDELINES; AND RETAINING GENERAL AND PLANNING AUTHORITY FOR ACCESS MANAGEMENT ON CITY STREETS )City Engineer Giao Pham briefed the council on the item. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 08-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, GENERALLY APPROVING DESIGNATION OF REGIONALLY SIGNIFICANT ROUTES IN PINAL COUNTY CONTAINED IN PINAL COUNTY'S REGIONALLY SIGNIFICANT ROUTES FOR SAFETY AND MOBILITY PLAN; REJECTING ACCESS MANAGEMENT GUIDELINES; AND RETAINING GENERAL AND PLANNING AUTHORITY TO REGULATE ACCESS MANAGEMENT ON STREETS AND ROADS LOCATED WITHIN THE CITY OF APACHE JUNCTION, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-46, DECLARING NEW CHAPTER 6 ANIMALS A PUBLIC RECORD/ORDINANCE NO. 1310, REPEALING CURRENT CHAPTER 6 ANIMALS IN ITS ENTIRETY AND ADOPTING BY REFERENCE NEW CHAPTER 6 ANIMALS/ ORDINANCE NO. 1311, AMENDING CHAPTER 4 FEES BY AMENDING ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 11 OF 29 )City Attorney Joel Stern briefed the council on the item. Vice Mayor Eck asked him to go over the major changes in the ordinance. City Attorney Joel Stern went through the major changes and the changes from last night at the work session. Councilmember Barker commented one thing brought up last night dealt with rescuing animals, not just service animals.People are asked to take in rescued animals for 2 to 3 months.She did not see that particular thing covered.It was brought up last night by Councilmember Dietz. Councilmember Dietz commented he thinks it is covered on page 9 under Roman numeral 5 (d). Councilmember Barker asked about the number of days. Vice Mayor Eck stated it says 30 days. Councilmember Dietz commented it says 30 days but it can be extended out no more than 6 months, allowing a person that is rescuing, helping or retraining up to 6 months in going over their limit of dogs. City Attorney Joel Stern stated staff did hear it was to be 6 months. Councilmember Dietz stated they could get a 30 day extension up to 6 months. Councilmember Barker commented he is saying that if the council decided that they did not want to continue inspections, that if there were no complaints within that period no inspection of premises would be required to renew a license.That would be a policy decision on the council's part. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 12 OF 29 City Attorney Joel Stern stated that is correct.It could be an automatic renewal, however they want to do it. Councilmember Barker commented unless there were complaints. City Attorney Joel Stern stated if there are complaints on the address there should probably be an inspection, but it would depend on what the complaint was. Vice Mayor Eck commented that is very difficult.He asked how long it took to get a complaint against the person with 185 animals. Councilmember Dietz asked how they were going to control hoarding.Someone could have 50 dogs that are real quiet.Animal control may not get a complaint on anyone who has 5 acres but has 20 to 40 dogs. Vice Mayor Eck commented if they enforce it on one, they have to enforce it on everyone. Councilmember Dietz commented it seems the inspection should be there. City Attorney Joel Stern stated animal control is here and they can give you their experience on complaints. Councilmember Severs commented he and Animal Control Officer Sullivan had a chance to talk for quite a while after last night's meeting.He had asked her about several circumstances or possible scenarios that would cause them to want to inspect someone's home.Last night he was trying not to make it a mandatory home inspection.He had been told that most people volunteered and that compliance did not seem to be a problem.He would like to suggest that they ask the people if they can come in and inspect their homes and check to see if there are any dangers that might hurt their animals and give them any advice that they might need.He asked if most people would have no problem with that. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 13 OF 29 Animal Control Officer Debbie Sullivan stated she does not think there is an issue.Their current ordinance requires an inspection.It is part of the kennel permit. Councilmember Severs asked why they are making it mandatory to go into peoples' homes if there is not an issue.He called about 17 people today on this issue and they were shocked.They could not believe that we would want people to go into their homes if they wanted a fourth dog.He had 3 people tell him they are in violation right now, they will not say anything and will not get their dogs spayed or neutered or get shots.They will not comply. Vice Mayor Eck commented that will always happen.They will always have people that will not want to comply. Councilmember Severs agreed. He would like to work this in a way where people would not mind complying, where they would get more voluntary compliance.He is afraid the adoption rate will go down.People will not be adopting animals if they have 3 and then have to go through all of this to get a fourth pet.They would have to abide by all of these different stipulations and their home would have to be inspected.A lot of people do not want strangers in their house.He is afraid the euthanasia rate that they have worked so hard to bring down will go back up because people are not taking them out of the shelters.He asked what they are going to do. Vice Mayor Eck stated they could put a panel in the yard. Councilmember Severs commented he is afraid that their licensing will go down. Licensing is also a way to generate a little bit of revenue.It will go down because people are not going to get their dogs licensed if it is the fourth dog or fifth dog and they do not want to go through all this. Animal Control Officer Debbie Sullivan stated they currently have that problem now with licensing.There are several people in this community who have REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 14 OF 29 had dogs for years and years and the famous answer she gets is they did not know their dogs had to be licensed. Vice Mayor Eck agreed. Animal Control Officer Debbie Sullivan stated they have problem, too. Vice Mayor Eck commented it is an education process. Animal Control Officer Debbie Sullivan stated they do not know about these people unless they are violating. Councilmember Severs agreed. He asked why they would create an ordinance that would put so many people in violation. Councilmember Dietz and Mayor Insalaco commented that the ordinance is already there. Councilmember Severs stated he has 3 major concerns about this ordinance.It will deter people from doing the right thing.People are afraid they will have to go through all this.He gave as an example where on page 10, it stated all dogs covered by a personal dog kennel permit shall be vaccinated and licensed and spayed or neutered. He asked what would happen if he had a dog that he wanted to mate some day with another dog. Sergeant Teresa Rodgers stated they tried to address that under C on page 10.They added at the discretion of animal control division, upon documented proof, the spaying and neutering requirement shall not apply to AKC or CKC dogs.They were trying to cover the person who has a German Shepherd, Mastiff, Great Dane or Pomeranian and would like to breed the dog in 5 to 6 years in the future.It is a registered dog so they have made a provision for that.If it is a mutt, they are all over and they are asking them not to breed those dogs, but to adopt or rescue one that is already there.They want to stop that; they do not want them to be breeding those dogs.They want them spayed or neutered.To try to put the public's mind at ease, she stated they are not going to go in and search their house.They will REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 15 OF 29 not look in the cupboards, check the vanity or peer under the beds.They are not searching for contraband or illegal drugs or whatever.They are not checking any wiring to see if it is wired properly.They are walking in to make sure it will be a safe and healthy environment for the dogs and the people who live there.It is not a search, it is an inspection.They will walk up and announce they are there to do an inspection because they asked for a kennel permit.If the owner states they do not like strangers in their house she can empathize with that as she does not either.But if she asks for a building permit and the building inspector shows up and wants to inspect whatever she has asked for a permit for, and she tells him he cannot come into her house, she would bet she does not get her building permit.She was a contractor who worked for her dad for years who was a contractor; she is perfectly capable of doing any kind of construction work.But she still has to get a permit, and that is all they are asking the citizens to do.The kennel permit is for the protection of the animals and the citizens. They do not have any unreasonable expectations or requirements for the permits.If they are going to have a large number of animals in the home, and it is not a boarding facility, they just want to go in and do an inspection and make sure it is a healthy, safe environment, give them the permit and see them next year.They will not search any home.That is not the intent.If they walk in there and see a marijuana plant growing or something obviously illegal, they will back out and call the police; now we are talking an entirely different situation.If they walk up and are told to get off the porch and get out of the yard, that they will not be coming in the house, they will leave. Vice Mayor Eck commented he had to do that as a water utility employee.People would call him over for water quality issues, he would go to the residence and see contraband.He would have to make a decision of whether to call it or not.He had to go into their residence to check the water as that is where the water was used.He never had a complaint of going into their homes. Councilmember Wilson asked if they would be going into the backyard if he had a kennel back there that he kept his animals in.They would not be going into the house. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 16 OF 29 Sergeant Teresa Rodgers stated that is correct. Councilmember Wilson asked how they would treat a situation if they went into the house and found it unsafe for the animal.He asked what they would do. Sergeant Teresa Rodgers stated they currently go into a yard or residence and if they see something that is a problem they talk to the owner to see if they realized it was not a safe way to keep their dog or that they have a plant there that is unsafe for the animal. Vice Mayor Eck commented they use a proactive approach. Sergeant Teresa Rodgers stated that is correct.They go in initially for safety and education.If they see a problem, they do not whip out the ticket book and start writing.They try to help the people correct whatever the problem is.As long as they are working with them, that is the goal.They want to make everything safe and everyone happy.They will never do that, but they try. Councilmember Serdy asked if they get a warning that they are going to be inspected. Sergeant Teresa Rodgers stated they do that now.They call them and tell them they need to do a kennel inspection and they make an appointment for a certain time. Councilmember Serdy commented they would have time to put their drugs away. Sergeant Teresa Rodgers stated that is correct.They would have time to make things right if they had not cleaned up after the dogs that day.If they run into a situation like they have recently and there is a horrific problem, they will not straighten it up in a few days. Addressing the issue of having a one time inspection, they would be defeating the purpose of having a kennel permit.She believes the continued yearly inspections are important to prevent the things like they discovered in Tucson and we discovered here in our own community.The conditions those poor REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 17 OF 29 animals were in were unbelievable.That is what this is for. If they go in and do the inspection and there are major problems like we have run into, there are no warnings.They would call the police, the prosecutor, and follow the protocol they use. They will be prosecuting right off the bat.That is the extreme case.That is not the property that is not quite up to what it should be but it is obvious the people are trying.It is something that can be corrected fairly easily.That is what they are going to do.This is the problem and they need to fix this.If it is a kennel fence that the dogs are digging under, they will tell them how to fix it and keep them from digging out and becoming a problem.They will only go straight to prosecution in extreme cases. Councilmember Severs commented last night they brought up that when you ask for a building permit, you have to have an inspection for it.We are not asking for something here.The city is asking the citizens to get permission to have a fourth dog.I have to get permission from the city to have a fourth dog.He asked if anyone has to get permission to have a fourth child. Vice Mayor Eck called for a point of order to get back on the issue at hand. Councilmember Severs asked where the line is drawn here.He asked about cats.Someone could have 400 cats; there is no limit.We have bird breeders and there is no limit.There is no home inspection. Sergeant Teresa Rodgers stated he is right.They could what if this to death.They could begin with horses, pot-bellied pigs, birds and whatever. The state and the cities do their best to set regulations to maintain the health, safety and welfare of the citizens and animals.Dogs are a regulated animal by the state, not just us. If they want to start what iffing things, she asked where does the state get to tell her that her dog needs a rabies shot.She has never had a dog that has had rabies, but it is the regulation.This council is here to make regulations to look after the safety and welfare of the citizens; that is what the city code is there for.She is aware they will not make everyone happy with the ordinances, possibly not even the entire council.They may not completely agree on everything in the ordinance.She has been an officer for 21 years and she has REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 18 OF 29 enforced laws she does not agree with, but they are the laws of the country, state and city.They are there for a reason. Councilmember Severs asked what would happen if someone refuses to get a permit and refuses to get a home inspection. City Attorney Joel Stern stated under the new law it would be a civil violation with a $250 fine.They would be summoned to court.If they did not show up for court, there would be a default, raising the fine to $500.If they still do nothing, it would then go to $750. Ultimately, they would be cited in on a class 1 misdemeanor. Councilmember Severs commented it would be a class 1 misdemeanor and they would then have a criminal record, permanently. Vice Mayor Eck commented that would be if they refused. City Attorney Joel Stern stated that would happen if they continued not to get one after 3 incidents within 24 months. Councilmember Severs commented he called around this morning to Phoenix Animal Control and Mesa Animal Control.He believes none of the other cities do the home inspections.The other city officials were shocked that we would want to do home inspections for animal control. Animal Control Officer Debbie Sullivan stated she could not speak for the City of Mesa but she can say that Maricopa County does not have the manpower to be doing inspections.We are a small enough community that we can still be doing this. Councilmember Serdy commented this is coming about because of the hoarders.The other cities have had problems, with 800 animals in Tucson. Vice Mayor Eck commented you will have 99.9% comply; it is the one -tenth of a percent that does not. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 19 OF 29 Councilmember Serdy stated that is what this is for.There is a reason they are asking for this.It is to expose people that are hoarding too many animals. Councilmember Severs stated it is scary that criminal trespass, theft of property, driving while intoxicated, assault, criminal damage, disorderly conduct, child neglect are class 1 misdemeanors and so are having 4 dogs without a permit. Vice Mayor Eck commented it is not, as there are so many opportunities to get out of that. He added he was asked by a reporter what the major changes were and after talking to Joel he does not think he gave him very much information.However, one question in particular was asked.He asked what would happen if a loose dog had been out and viewed running by animal control but they see it jump back into its yard. Animal Control Officer Debbie Sullivan stated she has had that happen.There are several heeler type dogs that can leap walls and not touch them.If they continue to get out, she has taken the dog with her and left a note on the door telling the owner to call her as she has the dog. Vice Mayor Eck commented it has to be a continuation.Last night she said she gives a first and maybe second time warning before the civil violations even come into play. Animal Control Officer Debbie Sullivan stated that is correct.It is a security thing.She has done this before, taking the animal with her, leaving a note and giving the dog back that night.The owner was very appreciative as they did not want their dog running around in the neighborhood and possibly getting hit by a car.There was no fine or penalty; it was a warning notice and they got the dog back. City Attorney Joel Stern stated before they open the public hearing he wanted to clarify that Items 13 and 14 are pretty much what they discussed.The resolution declares the document a public record and the REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 20 OF 29 ordinance is adopted by reference to avoid a large publication cost.Item 15 is Ordinance No. 1311, which is the fee changes. He briefed the council on the fee changes. Mayor Insalaco opened the public hearing on the items. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, asked if this is a catch all ordinance or is it separated under certain titles. City Attorney Joel Stern stated it is for certain things. Mr. Charles Bunten commented this is the type of ordinance where they need to take the time to go through each section and address each section instead of trying to have a catch all ordinance. Mr. John Kantowski, 835 W. Windsong, Apache Junction, commented on his concerns that he still believes in voluntary rather than mandatory for the city, the city will be too big to be doing to mandatory inspections in 5 years, the burden of proof for the disability discount, and asked if the animal containment system he put in is acceptable. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, commented he has done animal rescue for 25 years, realized they were starting to warehouse animals and they started getting rid of them, Animal Control Officer Sullivan has been to his house, and that while he would normally not allow someone in his house he would for the dog's benefit. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, commented he agreed with decriminalizing the law but it still appears to be a catch all law and should be developed properly. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, commented she is a private person and would not let anyone in to inspect her house; she would get rid of her extra dog instead; that she would probably no longer rescue dogs as she has in the past; urged them to rework the ordinance; to consider how they vote on this; and asked who would pay for a microchip if it gets infected. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 21 OF 29 Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, commented he opposed the home inspection as a person owning only one dog could still abuse the dog. Ms. Christa Rizzi commented she does not think that adding ordinances to the books will solve the hoarding issue, but those people that are not doing anything wrong should not have an issue with a home inspection. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, stated this is another government licensing scheme to grab more money and gain more control; he also disagrees with microchipping animals. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Barker asked what, if anything, they have in the ordinance that does not come under state law.The city attorney had cited state law for everything he talked about. City Attorney Joel Stern stated they are passing an ordinance regarding the control of animals.If they want to go stricter than Title 11, they may through an ordinance. Councilmember Barker asked if there is a whole lot in this ordinance that is not in state law. City Attorney Joel Stern stated there is. Councilmember Barker asked if the kennels were a part of what is not state law. City Attorney Joel Stern stated that correct.Kennels are not specifically identified in Title 11.They can write that directly. Councilmember Barker stated they did break this down into types of animals with the REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 22 OF 29 exception of cats as kennels.They were broken down for spaying fees, pound fees, and others. City Attorney Joel Stern stated there is an overlap such as noises wherein it just talks about animals. Councilmember Barker stated that would be any animal, such as a squawking peacock and a barking dog. City Attorney Joel Stern stated there may be overlap in other areas but when they specifically say dog, that means it is dogs.It is the same with pigs.In certain areas they are covered specifically and in others they just say animals.Livestock is excepted from animals.They are a separate category. Councilmember Barker stated pigs and livestock are excepted and written in as an exception, and then we have animals and dogs, with cats under the fees, but everything comes under animals. City Attorney Joel Stern stated that is correct, unless they are otherwise excepted. Vice Mayor Eck commented it is in a way a catch all ordinance, but it does break it down into separate sections.The Superstition Horsemen's Association had a large input when it came to the livestock portions of the ordinance.We did make some changes because of that.Regarding the loose dog, if it is on the property he had asked to have that changed.Previously it was illegal to have a dog not confined to a leash or contained.It has now been changed to private property without being attended by the owner.The dog can be loose on your property without the owner in attendance if there is some way to control it. Councilmember Barker commented that an electronic fence is a form of confinement.He should have no problem, it would be in compliance. Vice Mayor Eck commented it is still beyond that.They can take a dog to a public park, REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 23 OF 29 throw the ball and let the dog chase it without getting a leash law fine. City Attorney Joel Stern stated they could not do that on public property, only private. Vice Mayor Eck commented they discussed this regarding all the little parks in the subdivisions with the people playing ball with their dogs.That was supposed to be perfectly fine. City Attorney Joel Stern stated at large means in any street, alley or other public place or on private property without being attended by the owner or secured by a restraint such as a leash. Vice Mayor Eck asked if they could go to the park and throw a ball to their dog. City Attorney Joel Stern stated they cannot. Vice Mayor Eck commented they could not go to Canyon Lake and throw the ball in the lake like everyone does every weekend. Councilmember Severs stated they can because it says attended by the owner. Vice Mayor Eck stated they have to be on private property. City Attorney Joel Stern stated there is an or which states or other public place or on private property. Vice Mayor Eck asked if it was covered for them to be able to do that. City Attorney Joel Stern stated it is. Councilmember Wilson commented the current law states they have to have a permit if they have 3 to 5 dogs.They have increased it so that they REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 24 OF 29 could have up to 4 animals without having to have a permit.The two types of permits cover 4 to 8 dogs.They have increased the number.If you have 3 dogs you are currently subject to an inspection.They are not mandating inspections now, they are just continuing them. There was general discussion about the current law requiring an inspection if there are 4 or more dogs. Councilmember Severs commented when they dealt with the native plant ordinance they brought it up and they got a lot of resistance from the citizens and fear of what it would do to the businesses.We sent it back, worked it out several times, and came out with a balance. He is trying for a balance on this between animal rights and private property rights.He is afraid they do not have a balance right now.He would like to see the animals protected, in good homes, be treated great and be loved, and that private property rights are protected as well.He feels if they pass this ordinance as written right now, they have not reached that balance. There was general discussion on the motions. Vice Mayor Eck commented that on the neighborhood preservation ordinance there were other costs such as aerial photography and there were large parcels involved.They sent it back.They have also sent this one back 3 or 4 times.He is ready to make a motion. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 07-46, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 6 ANIMALS,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 25 OF 29 VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1310 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1310, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: FROM LAST NIGHT'S DISCUSSION THAT OUR CITY ATTORNEY ADDED IN FOR TONIGHT'S REVISED COPY. City Clerk Kathleen Connelly asked if he was referring to the handout that he was given this evening. Vice Mayor Eck ADDED THE HANDOUT THAT WE WERE GIVEN THIS EVENING WITH THE PINK UNDERLINES. Councilmember Dietz SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition and stated for the record that he agreed with most of it just not the part about the home inspections and he wished the gentleman was still here to sing his song about taking away our rights.) The motion carried. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1311 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 26 OF 29 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only.She commented she believed the title should also say Pinal and Maricopa County, Arizona. City Attorney Joel Stern stated it can but it does not have to.He does not think it has to. City Clerk Kathleen Connelly stated we are in two counties. City Attorney Joel Stern stated he knows but they do not do that with every ordinance. City Clerk Kathleen Connelly stated she recommends that they either strike the words Final County or include Maricopa County as well. City Attorney Joel Stern stated they should include Maricopa County as well. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1311, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 27 OF 29 None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 5, 2008, 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, MAY 6, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Councilmember Severs SECONDED ) )Mayor Insalaco adjourned the meeting at 9:57 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of April 1, 2008. 3. Approval of the Silly Mountain Master Plan. 4. Approval of Resolution No. 08-10, authorizing the City to enter into an Intergovernmental Agreement with the State of Arizona Department of Revenue to facilitate transition as a non -program City. 5. Award of Bid for Project No. PW-2008-03, Equipment and Labor to Crush Recycled Asphalt Concrete. 6. Award of Bid for Project No. PW-2008-05, Slurry Seal Projects, in an Amount not to Exceed $132,000.00. REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 28 OF 29 ACCEPTED THIS 6TH DAY OF MAY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF MAY, 2008. 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 15th day of April, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of April, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 15, 2008 PAGE 29 OF 29