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HomeMy WebLinkAbout2008-02-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 5, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 5, 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 7:03 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz 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 Development Svcs. Director Brad Steinke Economic Dev. Dir. Steve Filipowicz Grants Specialist Roger Hacker Program Coordinator Heather Patel Asst. to the City Manager Ruth Giese REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 1 OF 59 City Prosecutor Mary Anne Coyne ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $30,000 TO ARIZONA TACTICAL, LLC FOR THE PURCHASE OF BULLETPROOF VESTS AND PEPPER SPRAY FOR NEWLY HIRED POLICE OFFICERS AND REPLACEMENT OF EXPIRED EQUIPMENT FOR CURRENT OFFICERS AND SWAT UNIFORMS AND DUTY GEAR SWAT EQUIPMENT TO REPLACE WORN OUT AND/OR DAMAGED EQUIPMENT FOR CURRENT AND NEW EQUIPMENT FOR RECENTLY APPOINTED SWAT OFFICERS; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $50,000 TO UNIVERSAL POLICE SUPPLY COMPANY FOR THE PURCHASE OF UNIFORMS FOR NEW OFFICERS AND REPLACEMENT OF WORN OUT AND/OR DAMAGED UNIFORMS FOR CURRENT OFFICERS; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $36,000 TO EAST VALLEY UNIFORMS FOR THE PURCHASE OF UNIFORMS FOR NEW OFFICERS AND REPLACMENT OF WORN OUT AND/OR DAMAGED UNIFORMS OF CURRENT OFFICERS; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $30,000 TO CLH INTERNATIONAL, INC. FOR REPLACEMENT OF BROKEN OR INOPERABLE MOBILE DATA COMPUTERS AND ACCESSORIES FOR DEPARTMENT PATROL VEHICLES; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $36,000 TO DELL MARKETING L.P. FOR VARIOUS COMPUTER RELATED EQUIPMENT WHICH INCLUDES LAPTOP COMPUTERS FOR THE CRIMINAL INVESTIGATIONS DIVISION, REPLACEMENT OF OBSOLETE COMPUTERS, PRINTERS, MONITORS, AND PURCHASE OF ROUTERS, SERVERS AND SOFTWARE FOR THE DEPARTMENT OF PUBLIC SAFETY; AND THAT APPROVAL BE GIVEN FOR AN EXPENDITURE NOT TO EXCEED $50,000 TO PREMISE ONE FOR THE INSTALLATION AND UPKEEP OF BUILDING NETWORK WIRING, PURCHASE AND INSTALLATION OF EQUIPMENT FOR THE MOBILE COMMAND VAN AND EMERGENCY OPERATIONS CENTER, AND CABLING AND THE MAINTENANCE OF CISCO ROUTING SYSTEM; AND REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 2 OF 59 THAT THE AWARD OF BID FOR PROJECT NO. PW-2007-16, MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND WATER VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY, BE AWARDED TO SPECIALTY COMPANIES GROUP LLC ON A PER ITEM BASIS IN THE AMOUNT OF $100 FOR MOBILIZATION, $150 TO LOWER MANHOLE, $265 TO RAISE MANHOLE, $150 TO LOWER WATER VALVE, $240 TO RAISE WATER VALVE, $105 TO INSTALL A SURVEY MONUMENT, AND $250 FOR TRAFFIC CONTROL; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2007 BE ACKNOWLEDGED; AND THAT THE RECEIPT OF THE BRANCH LIBRARY SPACE NEEDS PLAN FOR THE APACHE JUNCTION PUBLIC LIBRARY BE ACKNOWLEDGED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read .a proclamation declaring February 1 through 29, 2008 "Career and Technical Education Month" on behalf of the Pinal County Tech Consortia. Mayor Insalaco read a proclamation declaring February 23 through March 1, 2008 "Entrepreneurship Week" on behalf of the Pinal County Tech Consortia. Community Relations Manager Pat Brenner gave a video presentation entitled "Council Special Report to Citizens" which featured the mayor and council discussing the Council Work Plan for Fiscal Year 2007-2008. CALL TO THE PUBLIC Mr. James Campbell, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the speeders in his mobile home park. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 3 OF 59 Mrs. Claire Lansing, Saguaro Fitness Center, 305 N. Plaza Drive, Apache Junction, addressed the council regarding a comprehensive rehabilitation service for the community that her business provides and voiced concern about a future medical facility that might be built with grant funds. Mr. Steven White, 105 N. Delaware, Apache Junction, addressed the council regarding artists' constitutional rights. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council to congratulate the city on their video and spoke on the Packages From Home program for the military in Iraq and Afghanistan. Mr. John Taylor, 852 W. 19th Avenue, Apache Junction, addressed the council regarding a letter he received in the mail on his semi -trailer that he uses for his business at the industrial park. Mr. Nelson Kaesberg, 3700 S. Ironwood Drive #161, Apache Junction, addressed the council regarding the mediocrity in the police department since Glenn Walp left. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council in support of the artists and the adoption of Option X. Mr. Charlie Bunten, 1680 N. Starr Road, Apache Junction, addressed the council to call for improved council communication with the voters. Mr. Larry Placencio, 1274 N. Delaware, Apache Junction, addressed the council regarding the water runoff on the easement at Delaware and Roundup. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding hiring only people that are needed. Mr. Bo Randall, 1361 E. 18th Avenue, Apache Junction, addressed the council regarding the police department bringing forward a new towing policy. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 4 OF 59 Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding Option X. Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding comments allegedly made by the mayor and to state he would be running in the recall election. Mr. Earl Binds, 2210 E. Scenic, Apache Junction, addressed the council regarding the two notices he received regarding his cargo containers. Ms. Christa Rizzi, 1755 S. Sombrero Road, Apache Junction, addressed the council regarding safety issues around school zones. Ms. Alice Hill, 2280 E. Scenic, Apache Junction, submitted a request to speak form and then declined to speak. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding a letter from a police officer's wife that appeared in the newspaper regarding their getting special treatment from animal control, requested the city manager investigate this and get back to her on it, and to announce she would also be running in the recall election. Ms. Pam Mosher, Monterey Drive, Apache Junction, addressed the council in support of cargo containers and urged the council to get on with more important business. Mr. Charles Duffy, 768 S. Warner Drive, Apache Junction, addressed the council regarding a semi -trailer on his property .and a letter he received. Mr. Greg Fesko, 2373 N. Grand Drive, Apache Junction, addressed the council regarding the shipping container on his property and the letters he received. •Mr. Mike Burton, 2125 W. Superstition Blvd., Apache Junction, addressed the council regarding cargo containers at his business ,and a letter he received. Councilmember Barker directed staff to talk to Mrs. Lansing regarding the grants; that public works or streets contact Mr. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 5 OF 59 Placencio and Ms. Rizzi, the latter to determine if U-turn signs can be installed or if anything can be done. Councilmember Severs commented he would like to see if they can do the Packages From Home program mentioned by Mr. Kantowski with some collections at the city booth for Lost Dutchman Days. He would like to send them something to show that the council cares. Vice Mayor Eck requested Program Coordinator Heather Patel to get with Mrs. Lansing and explain the grant process; he would really like to compliment her because she has done what the community needs are before she has thought of her own livelihood.He stated he would like to see no U-turn signs at the mentioned locations; and that Mr. Kantowski's donation boxes at events is a good idea.He believes the city promotes the legal arts all it can and he wished they could get it all resolved.He directed the city manager to report on the animal control incident to the council.He acknowledged there is a water problem for Mr. Placencio and asked if they could take a new direction on that and try to help these people out.He believes the 3 local tow companies are enough and wanted someone look into it.He stated Tom Kelly was handpicked by Glenn Walp, the people saying things should be ashamed and that he has his support.He does not believe the mayor used the words Mr. Stephens says he used and he feels it is derogatory for him to even make that comment.He asked Mr. Duffy leave his information so that he could be contacted. Mayor Insalaco stated he believes all the comments are being made by one owner that owns 3 tow companies and he is out to put the local companies out of business.He would like to have it looked into that what they are talking about is not in the works. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. ,CALL TO THE PUBLIC (continued) 'Mayor Insalaco announced that one speaker at Call to the Public had been missed. 'REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 'PAGE 6 OF 59 Mr. Joseph Schnier, 3700 S. Ironwood Drive #146, Apache Junction, addressed the council regarding a police officer getting special treatment from animal control and calling for an internal investigation as to why taxpayers are funding services outside the city limits. CITY MANAGER'S REPORT City Manager George Hoffman commented on the library lobby being reopened, free AARP tax help being available at the library, and a bond issue for street improvements being researched. ANNOUNCEMENT OF CURRENT EVENTS None. PUBLIC HEARINGS APPLICATION FOR INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY CO., ,SERIES 10 LIQUOR LICENSE FOR AJ'S MINI MART/TEE JAY FUELS City Clerk Kathleen Connelly briefed the council on the item.She stated there are no objections from either internal staff or the fire district. The applicant is present in the event council may have any questions. Mayor Insalaco requested the applicant address the council. Mr. Randy Nations, Arizona Liquor Industry Consultants, representing the owners, addressed ,the council.He commented on the changes made in the city since he last worked here in 1976 as a highway patrolman.He was there to answer any questions. 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. REGULAR MEETING OF THE CITY COUNCIL ,FEBRUARY 5, 2008 PAGE 7 OF 59 Councilmember Dietz MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR AJ'S MINI MART/TEE JAY FUELS, SUBMITTED BY JAGDEEP SINGH SARAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES )City Clerk Kathleen Connelly briefed the council on the item.She stated the Eagles want to host a chili cook -off within the next few weeks.They are requesting an extension of premises to extend their service area just for this event for a limited period of time.There are no objections and the applicant is present. Mayor Insalaco requested the applicant address the council.The applicant declined unless there were questions.There were no questions.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 council discussion.There being no discussion, he called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES FOR LOST DUTCHMAN DAYS, FEBRUARY 16, 2008, SUBMITTED BY CHARLES IVAN KINSEY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 8 OF 59 The motion carried. SELECTION OF PROJECTS FOR FISCAL YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND STATE SPECIAL PROJECTS FUNDS )Program Coordinator Heather Patel briefed the council on the item.She stated this is the second public hearing to collect additional input and then ask the council to direct staff on which projects to move forward with for the applications.The applications are due to the started in May.There are two accounts, the Regional Account estimated at $260,000 and the State Special Projects fund for up to $300,000.On December 18 council directed staff to look at a short list of projects and on January 15 staff advised council which projects were eligible for each funding source.She gave a brief description of each project.The next step is to come back with resolutions on February 19 and March 4 to officially adopt the applications being submitted. Councilmember Dietz commented they would be doing both projects for the State Special Projects that were listed.He asked if there were long waiting lists for both housing rehabilitation and emergency rehabilitation. Program Coordinator Heather Patel stated they are seeing a larger increase in the emergency rehabilitation. Councilmember Dietz asked if it is much larger. Program Coordinator Heather Patel stated it is much larger. Councilmember Dietz commented it seems it would be better to go with the larger waiting list. Program Coordinator Heather Patel agreed.There are several factors that make the emergency rehabilitation program more attractive not only to the citizens but to the city at this point in time.The list is a lot larger and people are more interested in signing up for that one. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 9 OF 59 Councilmember Dietz commented their chances of receiving that one is much greater for the Special Projects. Program Coordinator Heather Patel stated they could do either one.Any housing component or project is very attractive to the state. Vice Mayor Eck asked what the cost would be for the first street improvement listed, the one for Cedar between Broadway and 16th Avenue. Program Coordinator Heather Patel stated the cost estimate is $1.6 million.This would just be a component of that. Vice Mayor Eck commented he would be interested if it was going to go down halfway to two- thirds. Program Coordinator Heather Patel stated they would have to identify a specific section that they would pay for with the Community Development Block Grant funds. Councilmember Barker asked if the drainage was very specific for the property between Idaho and Buena Vista and that it was considered not eligible. Program Coordinator Heather Patel stated the area, as a whole, is not 51% or more low to moderate income.However, she was told that if she did a survey it would probably come up as reaching that point.That does take additional staff resources. Councilmember Barker commented that staff is on a deadline. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He asked if the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 10 OF 59 street improvements involved widening the streets, it might help the city with the PM -10 standards by keeping the dust from being blown around on the streets.He asked if any street improvement that is reasonable and within the budget would help with the PM- 10 standards.He would like to see some of the money used for that. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented that with all the budget issues and where housing is today, he wondered if the council might consider rolling back the impact fees that were imposed recently. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented he agreed with Louis about trying to get as many streets paved as possible.They have been trying to get Cedar done for 8 years now.This amount of money would do about a third of one small street.It will take something a whole lot more to get the streets done. Councilmember Serdy commented he would like to see them in the order they have them for the Regional Account.If they get the downtown redeveloped, it will help these other things take care of themselves.They cannot ignore that area, especially with Baseline and Idaho being taken care of.They need to take care of the downtown and these other things will fall in and benefit from the downtown being done. Councilmember Dietz asked what the downtown development would entail insofar as the $260,000. Program Coordinator Heather Patel stated they are basically looking at the Grand Hotel property and doing a plan on it. Development Services Director Brad Steinke stated this is an opportunity to bring in a group of consultants to help create the vision of what they want for REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 11 OF 59 the downtown, translate that into a plan and then into an implementation strategy.It will start the ball rolling. Vice Mayor Eck and Councilmember Severs agreed with the order cited by Councilmember Serdy. Councilmember Dietz stated they should go towards the emergency rehabilitation for the State Special Projects. Vice Mayor Eck agreed, stating they would have to move the emergency up. Councilmember Dietz commented it seems to be the more important as there is a much longer waiting list. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING PROJECTS BE SELECTED FOR FISCAL YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND SPECIAL STATE FUNDS: THAT THE DOWNTOWN REDEVELOPMENT COME UNDER THE REGIONAL ACCOUNT SECTION AND THAT EMERGENCY REHABILITATION COME UNDER THE STATE SPECIAL PROJECTS. Vice Mayor Eck SECONDED THE MOTION. VOTE:•Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 12 OF 59 COUNCIL DIRECTION TO STAFF ADMINISTRATIVE ZONING DISCRETION )Development Services Director Brad Steinke briefed the council on the item.He stated their work program has talked about making more user- friendly regulations or administrative procedures for zoning issues rather than having to go through a formal process. Discretion would have to be given to staff to make common sense decisions.At the December 17 work session they talked about the 10% reduction which would waive 10% on dimensional zoning requirements such as setbacks, height and offsets.They could also do surgical changes to the zoning code regulations, such as the code now requires a trailer to be placed at the back of the property but it could not be physically done so the code would have to be amended to give staff discretion to place the trailer in a more suitable location.A third possibility is a hearing officer that would hear the appeals on requests for variances and apply the same standards as those used by the board of adjustment and try to shortcut the process.If they are not satisfied with that person's decision, they would then go to the board of adjustment.Another, mentioned by some council members, is somehow giving staff the ability to apply common sense to situations in particular characteristics of a property to allow variation to zoning standards when no one is harmed. He is asking for formal direction on this matter.He advised that the city attorney would like to speak to the council on the last issue. City Attorney Joel Stern stated he does not recommend the fourth option.The language is vague.There would be arbitrary and capricious lawsuits if it was passed.There have to be black and white rules if anything is being done with variances.Under Title 9, it is the board of adjustment that decides variances.They could appoint a hearing officer that could do what the board of adjustment does.If the aggrieved party does not like the decision, they can then go to the board of adjustment.Once they have 100,000 people, the city council becomes the board of adjustment. Vice Mayor Eck commented it confuses him to not have a policy that staff follows.If the policy is wrong, they need to change it in somehow.He does not REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 13 OF 59 see how someone could say that they do not like what was said to them because it is against policy so they would want to get the supervisor out there and see if they can get him to change his mind.He does not see how that would work. Councilmember Barker commented the question is whose common sense.The mayor's common sense and her own common sense may not be so common.It is very shaky. Councilmember Severs commented he thinks anyone's common sense would be nice at this point in time.They have a property with a travel trailer where the trailer is in the front yard and there is no backyard. There is no way to put a travel trailer back there.They need to have somebody who can practice common sense go out and look at the property, say there is no physical way to put it in the backyard, and suggest another place to put it.That is what has happened in this last case. Vice Mayor Eck asked him if he had moved it. Councilmember Severs stated he did.He went out and moved it, putting it into a different location in the yard.It was not in the back yard, but based on staff's discretion and common sense they found another location that would work and make it simpler on the citizen.That is what needs to happen here.If they have to change the wording so that it says in the rear or side yard when possible, then that is what they need to do.They need to keep it as simple as possible.He knows Joel does not like this because it is arbitrary and capricious and could get us lawsuits.There needs to be a way to simplify.If it means giving them a little bit of discretion based on a field inspection, that they could not go by the law the way it is written, then they need to look at the intent of the law, not the letter of the law in some cases. Not all circumstances apply to every single person in every single circumstance.It does not work. Councilmember Barker commented she thinks that is what Brad stated earlier, before the common sense thing.The problem is, he disagrees with some REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 14 OF 59 of the common sense decisions that have been made by staff. That is not a good way to do it.He already disagrees with those regulations as have many other councilmembers in the past and there will be more in the future.There has to be some kind of guideline to help them.The common sense aspect needs to be thrown out and we need to make these ordinances have a little give.It is not common sense.It is still the ordinance and it still follows them. Councilmember Severs stated it is flexibility. Councilmember Barker stated it is still the ordinance.The point that Joel was trying to make is to make an ordinance that people can actually follow, not one they can use as a bargaining chip. Councilmember Severs commented they cannot always follow it under every circumstance. He asked how they would deal with that. Councilmember Barker stated his solution and someone else's may not be the same thing. There has to be some kind of a line. Councilmember Dietz asked if the hearing officer would seem to be the logical way to go so that they do not have to go through the board of adjustment and pay all the fees.This person could review and look at it and make a judgment on it.They would still have the option of going to the board of adjustment after that. Councilmember Severs commented that would be a very logical way of doing it but he thinks there is one that is simpler; to give staff the authority based on certain criteria.This one was simple; could it go in the backyard and the answer was it could not.He asked where else it could be placed based on the criteria. Councilmember Dietz commented he thinks they would get into trouble by giving staff the responsibility to make the judgment call. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 15 OF 59 Councilmember Severs asked what if staff goes out and does the field inspection and brings their findings back to the director.He could then say, based on the certain criteria and his qualified staff member's investigation, it will not work and they would need to find a reasonable way for it to work.It is still staff discretion with the director overlooking it.They would not have to go through the whole process of appointing an appeals officer.He thinks that they need to simplify. Councilmember Barker stated he is saying he would like to have the supervisor be the last word when things are not quite where the zoning might have them on the books.The supervisor would have the responsibility for having the last word.She asked if that is what he meant. Councilmember Severs stated he liked that idea.Brad is a very logical and reasonable person. Councilmember Barker asked what would happen when they get another person in that position. Councilmember Severs stated they need to make sure that whoever they get in that position in the future is the same, very logical, reasonable, citizen- friendly, business -friendly, and positive -minded. Vice Mayor Eck asked if they already had that.He thinks they do. Councilmember Severs stated they do not. Vice Mayor Eck asked if Brad could make a logical decision from the way the rules are now. Development Services Director Brad Steinke stated they are under the black and white letter of the law.They cannot vary that unless the law gives you some flexibility.How they craft the ordinance is the question.The city attorney is very uncomfortable with a blanket statement. It could apply to certain types of issues where there are REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 16 OF 59 measureable standards and criteria; that would be an exercise in creativity.They would have to sit down and hammer it out. They would have to think long and hard on how to do it and how to apply it.He asked if there is an interest in the 10% reduction rule.Other communities have done it and it has been declared legal.It gives some wiggle room in some instances, but it will not satisfy everyone. Councilmember Severs asked for examples of where the 10% reduction rule would work. Development Services Director Brad Steinke stated he would like to look at it for both pre -and post -development.An example would be someone wanting to build a shed with a side setback being ten feet.The applicant wants to be within 9' due to certain criteria.Staff can say they meet the criteria and give them that setback.Or there is the case where it is discovered after it has already been built that a mistake by the surveyor was made.They could allow it to exist as 10% does not cause disruption to the visible eye or the intent and spirit of the law.It has been used by other communities.The city recently used it with parking.It is not a panacea; it will not help a few people we know. Vice Mayor Eck stated he sees no problem with that. Councilmember Severs commented it worked very well with the parking regulations.It would work when they have specific numbers. Development Services Director Brad Steinke stated the next one, using the trailer in the backyard situation, if they had an ordinance on the residential parking requirement, could say that the requirement is to park the trailer in the side or the rear when possible.If it is impractical or impossible it would not be. Councilmember Barker asked who would determine if it was impractical or impossible. Development Services Director Brad Steinke stated it would be determined by physical REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 17 OF 59 constraints, by width, or by whatever.These alternate locations could apply.He asked if there was room for that. City Attorney Joel Stern stated there is as a general concept.He would have to see the actual language.If it infringes upon the actual variance restrictions under state law then it is a board of adjustment issue and a hearing officer would have to decide based on board of adjustment criteria.He read state law on variances.If they want to change some language for a situation where the trailer cannot be placed on the property because of special circumstances, they have to be more specific as to what the specific circumstances could be as a criteria to waive that particular issue. Councilmember Severs commented he thinks that is where they are getting too difficult.He does not think they need to get that specific. There is a stump in the way, a hole over here and a rock over here.That is why it is becoming so difficult.He stated it should be where and if possible if the landscape does not prohibit it, it does not apply. City Attorney Joel Stern stated that is an arbitrary statement when using the where and if.It could be where and if for some, but if you get a different hearing officer, which could happen, it could be they are denied.It could be the same issue that someone had 3 years earlier.There have to be black and white definitions.He thinks he told him that about 8 months ago when this was first brought up. Councilmember Severs commented they need black and white guidelines. City Attorney Joel Stern stated they are guidelines if he is saying they are not enforceable.A guideline is not necessarily the law.It is something that is a good idea but they can look this way this time. Councilmember Barker commented he is saying they need specific criteria.If they are REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 18 OF 59 looking at a travel trailer that is supposed to be in the backyard and it cannot because of the concave of the land or what have you, they need some kind of very specific statement that planning staff could look at and say they have a major problem and it is one of those that is brought up here.They could therefore grant them a variance.She asked if that is what he is saying. City Attorney Joel Stern stated that is correct, if it fits that particular category. Councilmember Barker stated we have a lot of that. Councilmember Wilson commented one of the things that we need to look at is that a lot of large lots do not fit the conventional rules of property. They are not all flat and level where they could do this.Some homes were built several years ago that are too close to the road under current setback requirements.They would like to put a garage onto theirs but they cannot because they are 5' too close to the road.When the house was built it was nothing but a dirt road.They need to look at what they can do for the community as a whole.It will not happen on every property, but there are some properties that will not meet what they think of as a conventional property.There are some problems on it.He asked if they punish everyone because of it or start working out a resolution to the situation so that they correct the problem. He does not know whether it should be with a hearing officer, but he believes they should have the ability to look at the property and make a decision on the intent of the rule or law. If the intent is to have the trailer in the backyard but it is not possible because the land is not flat and cannot be bulldozed out, they need to be able to work where they can do this. Councilmember Severs stated one of his concerns with the way the city attorney is suggesting it, regarding certain, specific criteria, is that if it is done that way, then they will have to change every code they have, including travel trailer, swimming pools, front yard fencing and rear yard fencing.They would have to change and add that specific wording to every single code.That could take years. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 19 OF 59 He suggested doing a blanket, flexible, common sense where practical type of thing, and there has to be a way to do it if they have the mentality of how they can work together to make this happen.It should be how they can work together to solve this situation instead of having to change the wording and ordinance.He has been sitting up here for 2.5 years.He watched the caretaker issue take 9 months for that one to go through.The cargo containers have taken 11 months so far because they have to change the ordinance and change the details and make specifics.There has got to be a simpler way. Councilmember Barker commented she agreed with him that we have some problems, but they also have to do this as legally as possible.Otherwise, what they end up with is some people getting this part of what they want and other people not getting what they want.There has to be an approach that covers the entire community, not just those specific problems.It has to be done is such a manner that it is legal.That means we have to also work with the city attorney to find a legal way to do this. Councilmember Severs agreed. Councilmember Serdy commented there are certain properties that people own that they have to realize they cannot do everything.If they live on a hillside, they may not be able to have a swimming pool.They cannot build a skyscraper in a swamp because it will sink.If their property is mostly wash, they will not be able to do certain things. Councilmember Barker commented that they buy the property knowing that, or they should. Councilmember Serdy commented that if they can help people they can, but there are certain people we will not be able to help. Councilmember Severs stated those circumstances would be looked at.If there is absolutely no place for the pool, then they do not have the space for a pool.If the only space they have is their front yard, they deserve to have a pool in their front yard if they want it.It REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 20 OF 59 should not be denied just because they do not have a backyard. There is a resident that has 1.25 acres of land and their house sits 30' from the back property line.Next to their house is a travel trailer, a horse trailer, a boat trailer and all their other vehicles.They have no room behind their house but they have an acre of beautiful land in front of them that they can do nothing with because they can put nothing in the front yard due to the ordinances and they way they were written. Councilmember Dietz commented it is because of where someone built that house.That was the choice that someone made when they built the house and also the choice someone made to purchase the house. Vice Mayor Eck and Councilmember Barker agreed. Councilmember Severs asked if they are back to buyer beware. Councilmember Dietz stated not necessarily, but there are some instances where common sense is common sense. Vice Mayor Eck commented he ran for council to try to help people out, but he does not know how to just grant someone a magic wand to where they can make a discretionary change when it comes to city code.He asked if Joel could come up with something for this that might be easier or user friendly.He does not see them allowing a staff member to go up there and make a decision without changing the code, especially being more lenient.An officer was more lenient 10' away from the property to put a dog out of its misery and now the city is in trouble.That was good judgment, too. City Attorney Joel Stern stated he can try.He will bring something back if they give direction. City Manager George Hoffman stated he would like to follow up on the vice mayor's comment. He thinks it is a timely illustration.There are many who might suggest to you that it would be good common sense for an officer REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 21 OF 59 who was injured pursuing a criminal, who has an animal in pain and in suffering, not to have to have to drag that dog out to the middle of a centerline of a road so that it can be put out of its pain.There would be many who would say that it would be the epitome of good common sense.And yet, there would be others who would say that it would be a technical violation of the law.That it is corruption.So the notion that what is good common sense puts staff in the middle, not just in the middle of a judgment call, but indeed of a political process. It has the potential to put staff in the middle of politics. The goal that the council is trying to achieve is a good one. Any of us as citizens and customers want what they are striving for.As a resident of this community, he would want that.They need to know that people are treated equitably and that equals receive equal treatment, that there is a sense of fairness and fair play.The people that spoke up tonight are asking for fairness.You treat citizens inside the city one way and outside it is a different set of rules.That is a fair request and it is appropriate, but one might argue that it competes with common sense.He thinks they are finding that there is a lot of complexity here and he wants to affirm that their goal is good, and that when we rattle off common sense, they are all for that. But he thinks, to use the illustration that the vice mayor raised, it can also be challenging. Councilmember Severs commented our staff, specifically the code enforcement officers, practice flexibility every day.They practice discretion every day, right now illegally.If they can do it everyday, we need to find a way to make it legal.He knows that they do it everyday.They do time frame extensions.If they can figure out a way to write that a code enforcement officer has flexibility in time of prosecution, then they need to find a way to have flexibility based on circumstances.In doing so, he asked them to keep it simple. Councilmember Barker commented she does not want to prolong this discussion any more. Mayor Insalaco agreed.There is no compromise. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 22 OF 59 Development Services Director Brad Steinke stated he has heard that at least a couple of the suggestions seem to have some consensus.He will take a shot at some others and report back at a future date. City Attorney Joel Stern stated he has not been directed to do anything. Councilmember Barker asked the city attorney to be specific on the role a hearing officer would play, and if they would be an interim between a problem with planning and the board of adjustment. City Attorney Joel Stern stated under the statute the hearing officer becomes the board of adjustment for that particular moment.They take the place of the board of adjustment if the council sets it up that way. If someone does not like the decision, it can be appealed to the board of adjustment.If they do not like that decision, they would have to go to court.Once the city has 100,000 residents, the council can become its own board of adjustment or that board of adjustment's decision would get appealed to the council. City Manager George Hoffman asked what flexibility or ability to exercise common sense does the hearing officer have as contrasted with the board of adjustment or is there any difference. City Attorney Joel Stern stated it would be the same analysis of the case, like in a variance.They would look for special circumstances, if they are self-imposed, and things like that.The board of adjustment hears that every time they see a case.It is the same analysis that the board would have. Councilmember Barker asked if this proposal was brought up for monetary reasons because the - fees to take a case to the board of adjustment are such that a hearing officer would be an interim step. Development Services Director Brad Steinke stated it was put on the list because they were brainstorming possible ideas as to how they would work with REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 23 OF 59 waivers, variances and exemptions.It was not on the list because they thought it necessarily needed to be or was warranted.Some communities have used it because of workload issues.The position could possibly be a reduced cost option, but that is another discussion depending on who the person is, the administrative cost for this and how often they would meet. Those would have to be part of an ordinance and it has not been thought through yet. Councilmember Barker asked if they have an extremely heavy workload for the board of adjustment. Development Services Director Brad Steinke stated they are talking about something that is arguably broke.He does not see that they have chronic zoning issues or problems.They have a handful that go to the board of adjustment each year.That is a healthy system.There are people that are a square peg in a round hole.For whatever reason, whether they did not understand when they bought the property or situations have changed, but that is what the board of adjustment is there for. Councilmember Barker commented they do not have a heavy workload. Development Services Director Brad Steinke stated they do not. City Attorney Joel Stern stated they have had more in some years.About 3 to 4 years ago they had a board of adjustment meeting every month.In the past 8 months, they have had two.They only meet once a month. Councilmember Severs asked how costly a board of adjustment appeal is. Development Services Director Brad Steinke stated they just raised the fee.There is a $500 advertising fee. Councilmember Severs commented for someone to appeal to the board of adjustment right REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 24 OF 59 now there is a $750 fee.Some people cannot afford that.For someone with circumstances beyond their control, they cannot handle a $750 fee for something they had nothing to do with.To have someone in the middle say based on certain circumstances, they are right.Based on the facts at hand, they are right and it needs to be taken care of right now at this level instead of being forced to cost a lot of money, time and stress to go to the next level. City Attorney Joel Stern stated the ordinance could have a waiver provision as to the fee to apply.The $500 fee is for publishing he does not believe is waivable. City Clerk Kathleen Connelly stated it is statutory. Vice Mayor Eck asked if the $500 is statutory. City Clerk Kathleen Connelly stated the cost for applicant to pay the publishing fee is statutory.That fee varies depending on the size of the legal ad. Councilmember Severs asked if that is for a rezoning. City Clerk Kathleen Connelly stated that is for any publication that is done on behalf of a private citizen.We have no discretion on that whatsoever. Vice Mayor Eck commented that is considerably higher than he thought it was. Councilmember Severs asked what if they have someone that could issue a variance based on certain circumstances. Councilmember Barker stated they would still have to advertise. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 25 OF 59 City Attorney Joel Stern asked if the $500 fee is actually a deposit.Any additional deposit over the cost of the ad is returned. City Clerk Kathleen Connelly stated it is.She has seen those ads and they are literally short and they do not cost $500. Councilmember Severs commented they would then go before the board of adjustment who in the past have been by the book and get denied.The book says this and thanks for your money. Vice Mayor Eck commented that is where they look at the members, see how they vote and determine if you want that member back on when it comes time for reappointment.It is important to appoint people with your philosophies on this board. Councilmember Barker commented they are a quasi -legal body.They have to follow the statutes.They do not have that choice.Whatever the statute says, they must follow by law. Councilmember Severs stated there is no flexibility in that. Vice Mayor Eck commented there are 3-2 votes all the time. Councilmember Severs stated there is flexibility as well.He witnessed it where certain circumstances that applied would allow a person a variance and they said no, this is what the book says. City Attorney Joel Stern stated there is some flexibility under some of their powers. For example, a board of adjustment shall hear and decide appeals in which there is an alleged error in an order, requirement or decision made by the zoning administrator and the enforcement of the zoning ordinance adopted to that article.Secondly, they may hear and decide appeals for variances from terms of the zoning ordinance only if because of special circumstances REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 26 OF 59 applicable to the property including its size, shape, topography, location or surroundings; the strict application of the zoning ordinance will deprive such person of privileges enjoyed by other property owners of the same classification and the same zoning district. Councilmember Severs commented right there applied to what they are talking about. City Attorney Joel Stern stated it is there, it is in the law.That is what a hearing officer could do if they so decide that a hearing officer would be the one who would now decide this. Councilmember Severs commented they would not have to pay the $750 and go through all the waiting period and quasi-judicial process. City Attorney Joel Stern commented there is some staff cost to this.If they make it zero, it would possibly be gifting and it could be attacked as a gift. Vice Mayor Eck asked if they get a hearing officer would they still have to do the $500 mailing and all that. City Attorney Joel Stern stated they would not.It would be an administrative hearing, but there is still some cost at looking at the application and processing it. Vice Mayor Eck commented it would probably be considerably less. City Attorney Joel Stern stated it would probably not even be $250 in actual time spent, depending on who does it. Councilmember Severs stated a year ago it was $90. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 27 OF 59 City Attorney Joel Stern stated there was a review of the fees. Councilmember Severs stated it went from $90 to $750.Something is wrong with that. City Attorney Joel Stern stated what happened was it went from $90 to $250 and then it was determined the publication fees were not being collected. That is why they added on that fee; they should have been collected all these years. City Clerk Kathleen Connelly stated it has been in the code for years. City Attorney Joel Stern stated other cities do it. City Clerk Kathleen Connelly stated under the tax code they are required to have a provision for a hearing officer.In that instance, if a taxpayer wants to appeal a decision of an audit, they can go to an independent hearing officer.Each year she puts money in the budget to pay for an outside hearing officer to hear the case.If the taxpayer is still not satisfied, they can go to tax court. There might be a parallel process there to be looked at.There are no publication costs and it is an independent person that comes in and charges an hourly rate. City Manager George Hoffman stated it is outside of staff. City Clerk Kathleen Connelly stated that is correct.They would be using a tax expert from another community.There may be an ability to have staff from another community serve in that function.It is something to take a look at. City Manager George Hoffman stated if they go down that route, he would strongly recommend that they use someone from outside the organization.It depoliticizes it and there would be no scenarios where councilmembers are coming in and saying to the development REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 28 OF 59 services director what common sense is and it needs to be exercised.It is third party and it keeps the administration of council law not political.He thinks that is important in the long run. City Clerk Kathleen Connelly stated it is something we already have in another section of the code.They might be able to borrow from that. Councilmember Severs commented he would worry about what community they would pick somebody from. Councilmember Dietz commented they can worry about that later.They need to give direction to staff. Vice Mayor Eck asked him why he would worry.They could get someone from Phoenix or Chandler. Councilmember Severs stated they could get someone from Scottsdale that has no idea what our community is like.He asked if they would want them controlling what our citizens are doing.He would worry about that. they need to find a program first. Councilmember Dietz commented Councilmember Severs agreed. Councilmember Dietz stated they are trying to give direction to staff to work up a program. They can worry about that stuff later. 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 ADMINISTRATIVE ZONING DISCRETION:THAT THEY LOOK INTO THE 10% REDUCTION; AND THAT THEY LOOK INTO A VARIETY OF POSSIBILITIES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 29 OF 59 FOR A POSSIBLE HEARING OFFICER; AND THAT THEY LOOK INTO ANY POSSIBILITY OF MAKING THE CODE MORE FLEXIBLE. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COMMUNITY OUTREACH PLAN FOR 2008- 2009 ) )Assistant to the City Manager Ruth Giese briefed the council on the item.She stated last evening they discussed a council outreach program for the next 2 years.She had provided them a series of potential avenues for groups they may want to meet with.Tonight ideas were brought up about council going to an event and sitting at a booth, such as Lost Dutchman Days.There will be a booth there and if additional space is needed it can be made available.The best days would probably be Friday and Saturday from noon to 4 p.m.Pat Brenner or someone from the manager's office could schedule each of them for an hour or so.There are a lot of potential meetings each quarter; they might envision how many times they want to get out.Mayor Insalaco will be attending the Central Arizona Association of Governments Legislative Day on February 28.At their next meeting planning and zoning will be asking them to pick a day in March for an all day tour of master planned communities.There will be the first joint council meeting with Florence and Queen Creek in Florence; they might want to consider that for May or June because of the other events.The first group they are looking at are the boards and commissions and how they would like to meet with them. Councilmember Barker commented she would like to see something issue -based and that has time specifics on it. Vice Mayor Eck agreed.He thinks they should have a time frame and start at the top with planning and zoning.He believes that is the only board and commission he has met with.He does not know every board REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 30 OF 59 members name.He does not think they need an 8 hour meeting, just meet for 2 or 3 hours. Councilmember Severs commented he would like to see them meet here in the council chambers with all of the boards and commissions.He would like to go over ahead of time what the topics of discussion would be. Councilmember Serdy asked if this room would be big enough or would the public not be there. Councilmember Severs commented the public would have to be there. Mayor Insalaco stated it would have to be a public meeting. Councilmember Serdy asked again if the facility is big enough for that. Mayor Insalaco suggested the multi-gen center. Vice Mayor Eck commented he wondered how they would get into issues that they might want to with planning and zoning if they have all of the boards and commission in one room at one time. Councilmember Severs stated it is a good way for all the boards and commissions to see the attitude, goals and visions all at once so that they all get on the same page. Councilmember Barker asked how many people that would entail. City Clerk Kathleen Connelly stated it would be about 80 people. Councilmember Barker stated that would be 80 boards and commissions members, the council plus the public.She is not sure they would accomplish much. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 31 OF 59 Councilmember Dietz commented they would have to have it at the multi-gen. Mayor Insalaco commented they have some members that are on more than one board.He asked if they would still have 80. City Clerk Kathleen Connelly stated they would not.That is the total number of board and commission positions. Councilmember Barker stated they could 20 off of that and come up with 60. Councilmember Severs stated they could do it here, have reserved seating for them and whatever is left over for the public. Councilmember Barker commented it seems they would not accomplish much unless he just wants to have a lecture session on what the council believes and therefore. Vice Mayor Eck commented there would not be any back and forth communication. Councilmember Barker and Mayor Insalaco agreed. Councilmember Serdy asked why would the joint meeting with Florence and Queen Creek be so late.He sees that as being more important.He believes the sooner they get on the same page with them the more benefits would come from that. Mayor Insalaco and Councilmembers Dietz and Barker agreed that it should be moved up.Councilmember Barker added Mayor Rankin should be able to name the date. Mayor Insalaco stated their Tuesday night meeting is the same as ours. They do not have a work session and they could work it in with one of this REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 32 OF 59 council's off nights.Queen Creek's nights coincide with ours. He added he thinks it is too much with all the boards and commissions together. Councilmember Barker agreed. Councilmember Severs commented they could have a person like Pat Brenner run the meeting and each board or commission would have a certain time to discuss issues.That way it would be organized and each board and commission would be able to have communication with the council. Vice Mayor Eck commented they would only have about 3 minutes each.That would be over 3 hours. Mayor Insalaco commented about the only board that they have a lot of contact with is the planning and zoning commission.Everybody else is, although not basically, on their own. Councilmember Barker stated they also have some interest in the board of adjustment, parks and recreation with all of the projects, and many other boards they have serious interest in. Mayor Insalaco commented about having them all at the same time. Councilmember Barker stated she would prefer to do them individually; that way they could actually have a conversation.They could speak back and forth instead of having almost a Call to the Public forum; they would end up with very little real communication. Mayor Insalaco commented in a case like this the public would be able to attend but they would not be allowed to speak. City Attorney Joel Stern stated they can structure it how they want.They could have public input, a work session type where the public can come and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 33 OF 59 listen, or they could have it where they can speak on any issue or have a Call to the Public.It can be structured however they want it. Councilmember Severs stated he would like this as a meeting between the council and the boards and commissions.He apologized but this one is not about the public.It is about the boards and commissions and the council getting together as one. Vice Mayor Eck commented they should be over in the old council chambers. Mayor Insalaco commented that is awful small. City Attorney Joel Stern stated that poses problems.He went to a parks and recreation meeting about a month ago and they did not expect 65 to 80 people and it was rather difficult, plus the sound system was not working.He would not recommend it.He suggested they have it here. Vice Mayor Eck commented that is because they want to build ballparks out by Silly Mountain. Councilmember Severs commented it would be more formal here, more of a meeting than a casual conversation. Mayor Insalaco commented they would have more room over at the multi-gen center.They had the regional Central Arizona Association of Governments meeting over there.He asked the assistant city manager how many people were there. Assistant City Manager Bryant Powell stated about this many. Councilmember Severs stated he did not care. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 34 OF 59 Mayor Insalaco stated it was very comfortable at the multi-gen.The tables can be fixed to make it formal or informal. Councilmember Dietz asked Ruth what she was looking for tonight, if they were supposed to be planning each and every event for the next 2 years tonight. Assistant to the City Manager Ruth Giese stated they do not have to plan the next 2 years tonight but she would like a little bit of direction on how they would like to meet with these different groups.That is what they are working on right now. Councilmember Dietz commented they want to start with the boards and commissions and meeting with Florence and Queen Creek; those should be the priorities. Councilmember Severs agreed. City Manager George Hoffman commented he thinks they can both meet with the commissions one -on-one and have a little more in depth dialogue, and meet with all of your boards and commissions.Number three is having an annual event with all the boards and commissions.They could use that as an opportunity to say thank you, express visions, goals for the year ahead and three to five years ahead, and have an overview.It might be a little more one-way conversation from the council to all the groups, be an opportunity to express their appreciation for their service to the community and to the organization. Mayor Insalaco commented it makes a lot of sense. Councilmember Barker stated she would prefer to see us do that as a recognition of their hard work, to have an event that would allow us to recognize all their work.They do work hard, long hours and read huge volumes just like the council does.In fact, they read them before the council does most of the time.She would also like to schedule individual meetings in a roundtable type thing where they could converse with them.She added she had a thought on the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 35 OF 59 neighborhood groups and civic groups.She would like to extend an invitation to one of those groups for every council meeting. They could honor that group, recognize that they are at the meeting and ask them to give a very short presentation of what their goals are or something that would let the council now what they are all about.If they do that at every council meeting, and there are a lot of organizations out here, they could get a lot of -them in.She thinks it would be a nice thing to do.She knows that the mayor and several other people here go to the neighborhood meetings during the day. Assistant to the City Manager Ruth Giese stated they have suggested having that at council meetings.She asked if they wanted a named group under presentation and discussions. Councilmember Barker stated that is correct. Mayor Insalaco commented if they give an estimate on how many people are going to come, they could have a certain section reserved for them so they would be all together. Assistant to the City Manager Ruth Giese commented the external meetings with other city councils and neighboring communities and the Pinal County Board of Supervisors could be done similar to what they are doing with Queen Creek and Florence.They could take one and see how it goes, changing it if it did not work. A consensus of the council agreed. Assistant to the City Manager Ruth Giese commented that Mayor Insalaco will be meeting with the legislators from our district for Central Arizona Association of Governments Legislative Day.That is on an annual basis.There is also the potential of inviting certain legislators to our meetings. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 36 OF 59 Councilmember Dietz commented not right away but to get to know them better in a casual, sit down, roundtable -type discussion. Councilmember Barker stated she would also like to know what is going on. Mayor Insalaco commented it would be nice to let them do the talking for a change. Vice Mayor Eck commented Senator Rios came by once and he said he comes by invitation only.He has so many cities and towns in his district; we can go ahead and invite him. Councilmember Barker stated that is a wonderful idea. She would like to see our legislators, one at a time, come and address the council and tell us what is going on down there and what is affecting us.The public needs to know what is going on at the state level that could affect us.It is information that everybody needs, and sometimes the council gets blamed for it. City Manager George Hoffman asked if they had covered the school board and fire board; if they wanted to meet with anyone in the first couple months. Assistant to the City Manager Ruth Giese stated she was going to ask council about that.They had a timeline and every single group they could think of was thrown on it for the next couple of years. Councilmember Dietz commented they can meet with them in the future.Right now they have something to start with and to work with. City Manager George Hoffman commented they do not want to schedule any meetings in the near future with those groups. There was general discussion on when they would like to meet with the individual groups. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 37 OF 59 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 COMMUNITY OUTREACH PLAN FOR 2008-2009:THAT WE MEET WITH THE BOARDS AND COMMISSIONS ON AN INDIVIDUAL BASIS; THAT WE SCHEDULE ONE PER MONTH AND THAT IT BE A PUBLIC MEETING; THAT THERE BE NO CALL TO THE PUBLIC, THAT THEY ARE WELCOME TO BE HERE AND WELCOME TO LISTEN BUT AT THE TIME WHEN THE COUNCIL AND THOSE BOARDS MEET THEY BE ABLE TO CONVERSE; AND THAT WE DO AN ANNUAL, OR AT LEAST ONE YEAR AND WE WILL TRY IT AND SEE IF IT BECOMES ANNUAL, THANK YOU FOR OUR BOARDS AND COMMISSIONS IN JUNE, AND THE REASON I SAID JUNE IS BECAUSE MOST OF THEIR COMMISSIONS AT THIS POINT ARE OVER IN JULY, CORRECT, SO THAT STILL KEEPS THEM, THE PEOPLE WHO HAVE BEEN SERVING, THERE; AND I WOULD THINK THAT THE PLANS FOR THAT WOULD HAVE TO COME LATER, IT WOULD BE VERY HARD TO GET INTO SPECIFICS BUT THE WHEN IS THERE; THAT WE DO THIS FIRST DINNER WITH FLORENCE AND QUEEN CREEK AS SOON AS MAYOR RANKIN FEELS THAT HE WANTS TO DO THAT; AND FROM THAT POINT WE GIVE DIRECTION AFTER THAT OCCURS, DECIDING WHAT WE ARE GOING TO DO; THAT WE INVITE DIFFERENT NEIGHBORHOODS AND CIVIC ORGANIZATIONS ONE AT A TIME TO OUR MEETINGS AND ASK THEM TO GIVE US AN OVERVIEW AND RECOGNIZE THEM; THAT WE INVITE OUR LEGISLATORS TO SPEAK ONE AT A TIME, I KNOW THEY ARE VERY BUSY, AND SO IT WOULD BE THEIR SCHEDULE, NOT OURS, AND A MONDAY MEETING WOULD PROBABLY BE BEST, BUT IT IS AGAIN, UP TO THEM, DEPENDENT ON THE LEGISLATURE; AND THE REST HAS BEEN LEFT OUT THERE FOR AWHILE. City Manager George Hoffman asked if when they meet with the individual boards and commissions they would like that done at a work session here. Councilmember Barker stated that is correct. Councilmember Severs asked how many boards and commissions there are. Assistant to the City Manager Ruth Giese stated she has ten and on her list.She had included the smaller ones that only have like 3 members and they might be able to meet with more than one of those at a time. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 38 OF 59 Councilmember Barker stated they might be able to combine some of those, too.The larger ones need to be individuals because they do not want more than 15 of us altogether.There are big ones with 7 members and the council is 7, so that would be 14.The ones that are smaller they could combine. Councilmember Severs asked if they could combine two meetings, such as voting for their appointments.They are looking at 10 to 12 different groups and they will be meeting with one a month.It will take them a year to meet with these people.During that time some of them will be gone and some will be new.If they meet with these people right away, everybody could start getting on the same page a lot faster. Councilmember Barker commented some will still be new and some will still be old no matter what time of year we meet with them. Councilmember Severs stated they would all be getting on the same page a lot faster. Vice Mayor Eck commented there are 10 and they will be combining at least 4.They will really only have 5 or 6 meetings. Mayor Insalaco commented they can get the ones that they really need first, such as planning and zoning, parks and recreation and the library. Councilmember Barker stated they should be finished by June or July. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CARGO CONTAINERS ) REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 39 OF 59 )Councilmember Barker stated she wanted to explain why she asked that the cargo container ordinance be reconsidered.She asked for it because she felt that when they voted to retain the original ordinance, they forgot several people that they talked about in meeting after meeting that every person up here said yes to, and they needed that.We forgot people that had emergency situations where they needed to store their household goods on a very temporary basis.We left them out when we went back to the original ordinance.We forgot the home contractor who does not have the same privilege as the big time developer does and that person cannot store their materials or their equipment like a regular contractor can.They forgot that person, too.That was the reason why she brought this back.She wanted that on the record. Vice Mayor Eck commented he thought he had put that in the motion, but he is not sure. Development Services Director Brad Steinke stated his job is to help them facilitate a decision on this.Staff has not editorialized but provided a menu of choices for them to help staff draft an ordinance for February 19.The exemption on enforcement is tied to that date as well.The idea is to give them the opportunity to introduce cargo containers to residential and non-residential areas on February 19; he needs to get the information from them what they want in the ordinance.From the last meeting, the information gleaned for aesthetics was that the cargo containers should be located at the side or rear yards of the properties if physically and practically possible, they should be earthtone in color, if visible to adjacent property or a public street they must be landscaped so that within 5 years of growth 75% of the container is opaque or invisible to the public, staff would help provide schemes so that they do not have to go to a landscape architect, they will have to get irrigation systems so that the plants will grow to provide the natural buffer, and if they do not have a landscape buffer they can put up a structural fence or attach siding.If they choose no landscape buffer, they may have to get a building permit.If it cannot be located in the side or rear of the property, staff should work with them to create an alternate location.The city attorney is uncomfortable with that and thinks there needs to be a remedy as REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 40 OF 59 it is tied to setbacks in this language that goes to the board of adjustment.He asked if that represents what they wanted to put into the ordinance. Councilmember Severs stated he liked the way that he wrote it and the work he put in it. Development Services Director Brad Steinke stated he would have to defer to the city attorney who is uncomfortable with some of the wording. Councilmember Serdy asked if there is a where in the city this happens. Development Services Director Brad Steinke stated not yet, that is coming up. City Attorney Joel Stern stated the sole question for him is whether there is an overlap. This is a city code ordinance, probably Chapter 9 for property maintenance.It would overlap into zoning if there is a setback issue and the setback has to be waived.That is a variance issue, which is currently a board of adjustment issue.The question is how they would resolve that.If the zoning administrator states it cannot be put there, it is a board of adjustment issue on a setback variance.That issue is still there.He does not believe a code officer could say they can keep it there, that they are in the setback but it does not bother him because no one is complaining.It might be common sense to some people. Councilmember Severs commented he does not believe anyone ever mentioned the containers being allowed to be put in the setbacks. Development Services Director Brad Steinke stated they could eliminate the word setback from the definition and just say it must be to the rear or side of the property if physically practical. Councilmember Severs added it should be in the buildable area. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 41 OF 59 Development Services Director Brad Steinke stated that ties it again to setbacks. City Attorney Joel Stern agreed.They cannot be so vague.If it goes into the setback, they have to get a variance.That is the current law. Councilmember Severs commented if it is within the buildable area, then it is not in the setback. City Attorney Joel Stern stated that is correct. Councilmember Severs stated he is not saying they should be allowed within the setbacks. They have to be within the buildable area. City Attorney Joel Sterna asked what if they do not have enough room.. Councilmember Severs stated it could not then go in there. City Attorney Joel Stern stated that then his argument is that they should be allowed to put it there because it is a common sense approach.That is the councilmember's argument. Councilmember Severs stated he never said that. City Attorney Joel Stern stated he thinks he did. Development Services Director Brad Steinke stated that seems to be one sticking point for one council member.Generally, he thinks they reflected what they talked about.He will run down the remainder of the choices. He asked what parts of the city these should be allowed.It has been suggested that they be limited to the larger lots, which are GR and R1-43, which is usually 1.25 acres and greater.He reminded them they are talking about residential at this time. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 42 OF 59 Councilmember Wilson commented he believes they should be allowed in the larger lots in GR and R1-43 because they have already zoned some property that is slightly under 1.25 acres and they have been zoned R1- 43.They are still in the large lot area. Councilmember Severs asked what the smallest lot size is in the GR zoning. Development Services Director Brad Steinke stated the minimum lot size is 1.25 acres. Councilmember Severs asked what were the ones they were talking about a few months back that were 20,000 sq.ft.They were just over a half acre.He thought those were GR. Development Services Director Brad Steinke stated the way they look at the zoning, GR is 1.25 acre minimum, R1-43 is 1.25 acre minimum, R1-43MH is 1.25 acre minimum and then they go to the CR-1, CR-1MH, and CR-2 at 20,000 sq.ft.They take a good leap from 1.25 acre down to a half acre. Councilmember Severs commented he was thinking there were a few properties at GR that are at 20,000 sq.ft. Development Services Director Brad Steinke stated there may be some properties that are zoned GR but are undersized.If they say it would apply to a GR property or a R1-43 property without having a minimum lot size, then that person with one acre in GR could have a cargo container. Councilmember Barker stated it should be 1.25 acres. Vice Mayor Eck commented they could go 20,000 sq.ft. and have them right downtown on a residential lot. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 43 OF 59 Development Services Director Brad Steinke stated the other option is R1-43 and at least 1.25 acres in size.He does not think that is where they want to go. Councilmember Severs commented he believes he wanted to go at least one acre. Vice Mayor Eck commented if they are going to go at least 1.25 acres, they may as well go 1 acre. Councilmember Barker asked why not go 30 sq.ft. Vice Mayor Eck stated it is only a quarter of an acre off 1.25 acres. Councilmember Severs asked if it is gross or net. Development Services Director Brad Steinke commented he wished he could tell them how many undersized lots there are in GR and R1-43.If it is just a handful it is not a big issue, but he does not know that.They could get that before February 19. Vice Mayor Eck stated the whole subdivision between Delaware and Rennick off of Superstition have about 7,000 sq.ft. lots and it is zoned GR. Councilmember Severs asked if they could go with the GR and R1-43 with a minimum of one acre to catch a lot of the horse properties that use these items.He asked if that would be practical. Councilmember Wilson stated he believed so.Inside of six months ago they did 3 lots that are just slightly over one acre in size. Mayor Insalaco stated they should put that stipulation in there then. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 44 OF 59 Development Services Director Brad Steinke asked what should be the maximum number of containers in residential areas. Councilmember Severs commented they could have one up to 40' long or two 20' long. Councilmember Wilson agreed. He has seen a couple of short ones in different areas of the property.They are staying well underneath, so they could have 2 if they give them a maximum length that they could have. Development Services Director Brad Steinke stated he has one forty -footer or two twenty- footers.He asked what would be the maximum length and said those were tied together at forty feet.He asked what the maximum width would be.The mini -mobile type is 8'; if a width is declared, they will restrict the other types of containers that may not fit the profile that they want.They would be limiting them to a standard size. Councilmember Severs stated that would depend on which company they go with.There are a number of them that are 10' by 25'. Development Services Director Brad Steinke asked him if he meant 10' wide. Councilmember Severs stated that is correct.There is a few. Development Services Director Brad Steinke commented they have an 8' and a 10' option. Councilmember Severs commented he does not care which one they use. Development Services Director Brad Steinke asked what the maximum height should be.The typical mobile -mini is 8'6", a railroad car would be taller. Councilmember Severs stated 8'6" would be fine. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 45 OF 59 Development Services Director Brad Steinke asked what the duration of use should be. Temporary use would be for emergency situations and construction situations where someone is working on a house under a building permit, or there is permanent use. he would like both. Councilmember Severs stated Councilmember Serdy agreed. Vice Mayor Eck commented they are talking about use in residential areas.He asked if they are going back to the size of the residential area. Development Services Director Brad Steinke stated that is correct. Vice Mayor Eck agreed. Development Services Director Brad Steinke stated in the case of a building permit being issued for a property under emergency use, that would apply to other properties.That is a separate category that would be treated differently than a one acre plus property.He asked what types of potential containers they could see out here, such as the mobile -mini, a retrofitted wooden shipping container, a railroad car, and a semi -trailer. Councilmember Severs commented he does not think any of them want a retrofitted mobile home or a travel trailer as a storage container.He does not believe they have ever talked about wooden shipping crates. He agrees with a mobile -mini type container and semis that have been removed from their axles because they are removable and they are shipping containers.Semi -trailers and mobile -mini types are all the same.The railroad cars he has never seen or talked about.The detached truck boxes, such as the one that John Kantowski had, the Ryder trucks, are smoother, cleaner and better -looking products than the mobile -minis. • He would not mind seeing the detached truck boxes as long as they are treated the same as the others. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 46 OF 59 Development Services Director Brad Steinke stated he will move on to the businesses, they will have a slightly different aesthetic standard.They will again be earthtone, but if it is visible to the public or a neighbor they are to install a minimum 8' high structural screening. They have to get approval from development services to do that and it will require a building permit.They shall be located in a manner that minimizes public view.The development services director can help them properly locate that.If they disagree on the location of it, they have the right to go to the board of adjustment.It is consistent with what they talked about with the other one.He suggested they leave that one alone and move on. Councilmember Severs asked where it is saying it has to go. Development Services Director Brad Steinke stated they are saying it has to go to the rear of the property in a manner that minimizes public view from neighboring properties and/or the street. Councilmember Serdy commented only in the rear. Development Services Director Brad Steinke stated that is correct. Councilmember Serdy commented the person who spoke today from Perk's stated theirs are on the side.They have been on the side for a long time. Councilmember Severs commented they are behind a 6' fence. Vice Mayor Eck commented Apache Trail High School also has a 20' container on the side. Development Services Director Brad Steinke asked if they wanted to say rear or side and that if it is visible then they have to screen it. Vice Mayor Eck agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 47 OF 59 Councilmember Severs agreed and asked him define structural. Development Services Director Brad Steinke stated it is not a landscaping screening.It could be a fence or the vice mayor's idea. Councilmember Severs asked if they would have go through engineering and hire a licensed engineer to do that. Development Services Director Brad Steinke stated Dennis Dixon advised him that he could create one to three in-house standards that they can give to someone that is pre-engineered for them.If they want to do something other than that, then they are on their own. Councilmember Severs stated that would be very nice. Development Services Director Brad Steinke asked if they wanted a minimum lot size as some of the commercial lots are very small. Vice Mayor Eck stated no. Councilmember Serdy stated some of them may not be lots if you have multiple businesses in the same building.They may need them out back and there may not even be a lot. Development Services Director Brad Steinke stated that is true.They could have an owner that may have 8 businesses and the lot may be big enough.If it is a condominium, it makes it a little more interesting. Councilmember Severs commented he would like to see no minimum lot size on the commercial. Development Services Director Brad Steinke asked if they would like to have a maximum number per business. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 48 OF 59 Councilmember Severs suggested two. Councilmember Wilson commented it would depend on the area that they have to put them.They would not want to cram in 2 on a small one, but if they have a larger area, two could easily fit. Councilmember Serdy commented WalMart at Christmas time would need more than two. City Clerk Kathleen Connelly stated WalMart has an existing development agreement that prohibits them. Councilmember Severs commented it prohibits them. City Clerk Kathleen Connelly stated that is correct. Development Services Director Brad Steinke stated there are quite a few in the back of Signal Butte. Vice Mayor Eck asked if they could be screened if they are at the WalMart. City Clerk Kathleen Connelly stated they cannot have them. Councilmember Severs commented those are not storage containers, they are semi- trailers. stated they are the removable ones. commented they are on wheels. stated that is correct. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 49 OF 59 City Clerk Kathleen Connelly Councilmember Severs City Clerk Kathleen Connelly Councilmember Severs stated they do not even apply here. City Clerk Kathleen Connelly stated that is correct. Development Services Director Brad Steinke stated there is always something behind this.If they do not limit number per business and the business is also in the business of storing other peoples' equipment and it becomes a storage facility, then they have gone beyond the intent of what it is.It is also assumed that wherever they put this it cannot disrupt traffic, parking or access for fire vehicles.He asked if it would be case by case. Councilmember Severs stated that is correct. Development Services Director Brad Steinke asked if they wanted a maximum length. Councilmember Severs stated a lot of those come in as temporary, as Councilmember Serdy said. Some of them may be 55' long.It is a hard one for the businesses. Development Services Director Brad Steinke stated they do not want a maximum length. Councilmember Severs stated that is correct. Development Services Director Brad Steinke asked if they wanted the width at 10' as per residential. Councilmember Severs stated that is correct. Development Services Director Brad Steinke asked if they wanted the height at 8'6" as they did with residential.He added he would check with other companies. If they are at 9' they would not want to exclude them. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 50 OF 59 Councilmember Severs commented businesses get different ones that come and go from time to time.It would be a bummer if they had an 8'6" one for a long time and then bring one at 9'. Development Services Director Brad Steinke stated they are not going to quibble over 4" or 6". He will confirm what the typical cargo container is.He asked if they want a duration of temporary or permanent. Councilmember Wilson commented they would want both.There are some businesses that use them and some that are ongoing with turnovers. Development Services Director Brad Steinke asked if they wanted the same type of standard as they are doing with residential. Councilmember Wilson stated that is correct. Councilmember Severs agreed and added they do not have any businesses in town that use railroad cars.In Mesa they have the railroad tracks coming through there and you will see a lot of railroad cars that are stored.He does not think that happens here. Development Services Director Brad Steinke stated he recalled someone actually bought a railroad car, stuck it in their back residential yard as an amenity.It could pop up.They are not thinking about every possibility and next year they will be back because someone has a brainstorm that they have not thought of. City Attorney Joel Stern stated there is one more issue, and that is enforcement.He asked who this should apply to.In 1989 Ordinance No. 630 was passed and it stated there are 3 allowed in the city without any regulations whatsoever. Councilmember Severs commented if they were there before the ordinance was passed then they do not have any say in that. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 51 OF 59 City Attorney Joel Stern stated that is not true.The council does because this is not a zoning case; they are not grandfathered rights.This is a city code chapter one matter, not a zoning ordinance.The zoning ordinance comes under a different chapter and volume. Councilmember Severs commented he would like to try to work with those three to see if they would voluntarily bring them up to these standards. City Attorney Joel Stern stated they can ask them but they would not have to under the law.His recommendation is to leave them alone and this be enforced against anyone who has them, even though in August they did not want other people bringing them in.There were some motions made throughout the last few months, some that were very confusing.Staff was even confused.He thinks, if this is passed, it should apply to everybody and anyone who wants to bring them in in the future. Councilmember Severs stated he thinks there was confusion in what they requested.In August when he requested that they wait on these people that are almost ready to be prosecuted, he did not think that they would be actively looking for other people that were in violation until this issue was resolved.He does not understand why several people were issued citations in the last several weeks.We are in the middle of working on a process. City Attorney Joel Stern stated he does not believe anyone was issued a citation. Councilmember Severs stated it is all these people that are here. City Attorney Joel Stern repeated that no one has been issued a citation. Councilmember Severs stated they have been issued a letter that they must remove them within 14 days or they will be fined.He did not think they were going to do that while we were in the middle of these discussions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 52 OF 59 Development Services Director Brad Steinke stated the council directed us to do that at the last meeting. City Attorney Joel Stern stated there is where the confusion is.He has a prosecutor here tonight if he would like to ask her about discriminatory prosecution. Councilmember Severs stated absolutely.He asked if it was right that they ask someone two weeks ago to remove this today when possibly in two weeks it will be allowed.It does not make sense. City Prosecutor Mary Anne Coyne stated it is her understanding that they had exempted some people before a certain period of time from prosecution until this issue is resolved.They then gave direction to go ahead and pursue potential prosecution of others discovered after a certain date.She thinks they would run into some real issues on selective prosecution.She also thinks they have to understand that the city would have the burden of proof on any prosecution.She understands that if someone had this before a certain date, they would be exempt and if someone was not in that category of the people who had it before that certain date they would not be exempt.The city has the burden of proof. Those people would not have to bring in anything to show us when they had them.She thinks they would run into the burden of proof issues and some real potential selective enforcement issues.She feels is should be straight across the board, whichever way the council determines. City Attorney Joel Stern commented it is anticipated that if an ordinance comes back, it would actually go in chapter 9.In chapter 9, the first 3 violations are civil within 24 months.The fourth violation in 24 months would be a crime.It is just like abandoned vehicles. That is what he recommended the first time around.If the people do not want to comply, then they will be prosecuted for a crime.He recommends doing it this way as the property maintenance code violations are handled. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 53 OF 59 Councilmember Severs commented he believes the confusion came in when they decided they did not want any more containers coming into the city until this was resolved.He does not think they directed staff to go out for more and cite them or send them a notice.They did not want any more coming in during the next few weeks while they resolved this issue. City Attorney Joel Stern stated he is not certain that was clear in the motion.Brad can tell you why he proceeded that way. Development Services Director Brad Steinke stated development services had been exempting everyone up until the last meeting, including those that were on the list prior to August and those that popped up after August. They had a staff discussion and there was some debate on whether that was the council's original direction.They came back here for direction at the same time the semi -trailer popped up and believed they were told to go after the semi -trailer and all the properties that had popped up with cargo containers.They were not to go on the exempt list and they were to be enforced.That is what they have been doing over the last two weeks.They sent out a letter to those that they have 14 days to comply.If they do not, they are handed over to legal and legal decides the timetable on any prosecution.If staff misread their direction, they need to know that. Vice Mayor Eck commented he thinks they said something about that whole thing. Councilmember Wilson stated he thought they were actually saying we did not want any additional ones brought in.There was confusion on the council's part as well. Councilmember Severs commented the original request came from George when he said until this is resolved we are going to look for other things to enforce.He does not consider this resolved so he was not looking to enforce these issues until it was resolved.When this was brought up at the last meeting, it was about a new 45' REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 54 OF 59 trailer that had just been dropped on Broadway and we did not want any more brought in until the issue was resolved. City Attorney Joel Stern stated he thought the original motion was to focus our efforts on other things. Councilmember Severs stated that is correct. City Attorney Joel Stern stated that was Councilmember Severs' motion. Councilmember Severs stated that was correct.He thought they were still focusing their efforts on other things, not cargo containers until they had resolved this issue.He requested that anyone that has been listed here not have any enforcement until this issue has been resolved.He cannot see someone having to pay $2,000 to remove this, like the gentleman from Perk's, and then another $2,000 to move it back in possibly 2 weeks. City Attorney Joel Stern stated someone might say that they have a claim against the city because we made them move it when they really did not have to because now the law has been changed. Councilmember Severs asked if anyone had moved them yet. City Attorney Joel Stern stated he believes one has. Councilmember Severs commented the only person who has removed one is John Kantowski. Vice Mayor Eck commented while it is under discussion he thinks it is only right to put a halt on prosecution.We are still discussing this item.Until this is resolved, he does not see how they can go out and pursue prosecution. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 55 OF 59 City Clerk Kathleen Connelly stated the motion from the last meeting that was approved was Councilmember Severs moved that the following direction be given to staff regarding the use of cargo containers citywide:that the suggestions from Brad and the council tonight keeping it simple, going with earthtones, landscape screening where possible, and flexible screening be used, and that it be brought back to us at the next meeting and that we give an extension to the original people that we have given exception until February 19.The discussion before that had to do with the people that were originally exempted at the August 7 meeting. Councilmember Severs commented that everyone that had already received an exemption he had wanted to have it stay until this was resolved.He did not think they would go out and find more.He needs to word it that they leave everyone alone until they resolve this issue; that is everybody with a cargo container. Development Services Director Brad Steinke stated here and into the future.He asked if they should be dealing with that tonight since they have these pending.People are concerned about all this. City Attorney Joel Stern stated letters have been sent out from development services and he does not know the deadline as he does not know when they were sent out. Development Services Director Brad Steinke stated 14 days may have passed and they would be technically in violation. City Attorney Joel Stern stated they would then send the case to his office, his office would look at it from a legal standpoint as to whether they could be prosecuted, and that would take some time also.The amount of time would be determined by how many they get and the complexity of the particular case.They would be reviewing a stack of long form complaints and it would take Mary Anne some time to do that, especially if one mixes in all the criminal matters that come from the police department. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 56 OF 59 Councilmember Severs stated several times in the past code enforcement has given someone a 14 day notice, then gone back to find the people have not had time to do it.The people have asked for an extension and code enforcement has given them another 14 days.They use their discretion on time every day.He asked if they could ask code enforcement to do that tomorrow.That way it does not have to go to the city attorney's office. City Attorney Joel Stern stated he thinks they do have that discretion.It could depend on the excuse.Someone is sick and they cannot move it.He has seen code enforcement officers give additional time. City Manager George Hoffman asked if they could extend it because the council wants us to extend it. City Attorney Joel Stern stated it could be part of the motion. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CARGO CONTAINERS:THAT ALL OF THE OPTIONS THAT BRAD HAS PRESENTED TO US TONIGHT AND THE FEEDBACK THAT HE RECEIVED FROM US BE DRAFTED IN THE ORDINANCE, AND EVERYBODY HAVING TO DO WITH THESE CARGO CONTAINERS RIGHT NOW NOT BE ENFORCED UNTIL WE RESOLVE THIS MATTER. City Attorney Joel Stern commented WITH THE ACKNOWLEDGEMENT THAT IF THIS DOES NOT PASS, AT ONE POINT THEY WOULD HAVE TO COMPLY WITH ORDINANCE NO. 630. Councilmember Severs AGREED TO THE ACKNOWLEDGEMENT. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 57 OF 59 VOTE:4-3 (Mayor Insalaco and Councilmembers Barker and Dietz voted in opposition.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz stated that there will be no executive session or work session on Monday, February 18, 2008, due to the Presidents' Day holiday. He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON TUESDAY, FEBRUARY 19, 2008, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT ) )Mayor Insalaco adjourned the meeting at 10:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of January 15, 2008. 3. Authorization of Expenditures to Arizona Tactical, Universal Police Supply Company and East Valley Uniforms. 4. Authorization of Expenditures to CLH International, Inc. 5. Authorization of Expenditures to Dell Marketing L.P. 6. Authorization of Expenditures to Premise One. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 58 OF 59 7. Approval of Award of Bid for Material and Labor to Lower and Raise Manholes and Valves at Various Locations Throughout the City of Apache Junction, as Needed. 8. Acknowledge Receipt of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007. 9. Acknowledge Receipt of Branch Library Space Needs Plan for the Apache Junction Public Library. ACCEPTED THIS 19TH DAY OF FEBRUARY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS _22ND ATTEST: KATHLEEN CONNELLY City Clerk DAY OF FEBRUARY, 2008. -tf ryTOHN S. INSALACO Mayor 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 5th day of February, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of February, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2008 PAGE 59 OF 59