Loading...
HomeMy WebLinkAbout2008-02-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 19, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 19, 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 7:01 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present: (Councilmember Dietz was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Dir. Tom Kelly City Engineer Giao Pham Public Works Director David Fern Development Svcs. Director Brad Steinke Others Present:Grants Specialist Roger Hacker REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 1 OF 31 Program Coordinator Heather Patel Administrative Assistant Barbara Duft 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 THE CONTRACT BETWEEN SUNLAND ASPHALT AND THE CITY OF APACHE JUNCTION FOR THE RECONSTRUCTION AND REPAVING OF TOMAHAWK ROAD FROM BROADWAY AVENUE TO SUPERSITITION BOULEVARD IN THE AMOUNT OF $262,175.03 PLUS A 10% CONTINGENCY IN THE EVENT OF UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $25,217.50 FOR A TOTAL AMOUNT NOT TO EXCEED $288,392.53, INCLUDING TAX; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 08-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA REGARDING COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS AMONG PUBLIC AGENCIES WITHIN THE STATE OF ARIZONA, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Founder and CEO Kathleen Lewis of Packages from Home.org, a non- profit organization, gave a presentation on her organization dedicated to sending personal items to United States men and women serving overseas. CALL TO THE PUBLIC Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council in support of cargo containers. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 2 OF 31 Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding a free game and fish license for disabled veterans and moving the city forward where people want to go. Mr. Joe Severs, 1184 N. Starr Road, Apache Junction, addressed the council regarding shootings at council meetings around the country and being more compassionate to the needs of the community. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council regarding the need for a white line offset intersection at 16th Avenue and Idaho to allow the fire district to exit their fire station. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding Packages from Home and his initiative petition. Mr. Charlie Bunten, 1680 N. Starr Road, Apache Junction, addressed the council regarding the Walp contract and spoke out against cargo containers. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding people on psychotropic drugs at school and council meetings and that not following the constitution will cause problems in the future. Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the city reputation and recall efforts. Mr. Terry Secor, 1285 N. Main Drive, Apache Junction, addressed the council regarding the bylaws of the city for towing and asked if any background checks had been done on Metro Towing and Phoenix Towing. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council in support of cargo containers. Mr. Nelson Kaesberg, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the improper use of city funds REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 3 OF 31 at the police department and that funds should be used to audit city administration, specifically the city attorney's office. Mr. Bob Esposito, 3942 N. Rain Cloud, Apache Junction, addressed the council to urge the people behind the recalls to reconsider and urged the council to let the new council interview and appoint boards and commissions. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding the police canine unit not being used and urged the city manager to check into it, Sergeant Ron Paul showing favoritism in giving permission for animal control to go outside the city limits, cargo containers at the library, and then spoke in support of cargo containers. Ms. Rosemary Shearer, 3650 S. Blackhawk Road, Gold Canyon, addressed the council to invite everyone to a party for the opening of the trail system on Silly Mountain on March 1. Ms. Rita Ulsheimer, 2293 W. Windsong, Apache Junction, addressed the council regarding her variance application and selective enforcement. Councilmember Barker asked staff to direct the appropriate people to talk to Christa Rizzi about the fire station signal problem, staff to talk to Ms. Flynn about why the cargo containers are at the library, thanked everyone for their voiced concerns, and asked someone to straighten out the problem with the Ulsheimer awning. Vice Mayor Eck commented he would like to see a stopping area prior to the fire station but the road is Department of Transportation jurisdiction and it may take some time to get anything done, that the firefighter who did the shootings was turned down on a liquor license because he was a felon whereupon he lost it and starting shooting.He does not believe that the council is to blame for the shootings, and the mayor that was shot at the meeting has been on that council for over 35 years. It could happen anywhere; people can be upset at any time.They are making decisions that affect peoples' lives.He knows that, and it hurts him when he feels they have not made the best decision.He tries to make the best choice.He had talked to Interim Chief Tom Kelly who assured him the canine unit was REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 4 OF 31 working great.They went to serve a bad guy who would not come out, and when they went to send the dog in the guy came out.He does not believe the initiative is good for the city as it hurts our job pool.He does not think they would necessarily get the quality of staff.They would be the first city in the valley to do it.One person talking to two others is not a quorum, and it is not illegal.One person talking to three others is a quorum and that is illegal.The park with sinking properties is not the city's responsibility.They had to do some learning on that.It is a state agency that inspects those mobile homes. If anyone is at fault, it is that agency.The city does not check the compaction beneath the mobile home to make sure the water does not back up and flood out the mobile home.Mr. Dixon informed him along with the city attorney of the matter.He was told it is a state agency called the Manufactured Housing Authority or something similar that does those inspections.He is concerned about the towing company policy as they ask these businesses to come here, but if other communities that are so much larger only use 4 or 5 towing companies and we are the size we are with only 3, and they are already slow, that would put somebody out.It could be a 30 year business.He has inquired but has gotten no response.He requested the city attorney follow up on whether we do have a number per thousand in the ordinances.If not, he would like to see one created.He thanked Rita Ulsheimer for bringing the additional complaints to the city's attention as over a dozen of her allegations of problems in her neighborhood have been resolved. Councilmember Wilson commented the cargo containers are allowed at the library due to construction taking place.That is currently in the ordinances. Councilmember Severs commented he has been trying to help Rita Ulsheimer for a year now.She is not his mom, he does not know her, and she is not a friend.She is a citizen who came to them for help and we have failed her.For a year we have failed her, and now our system is failing her.If he had the money he would pay the $750 today.Something needs to be fixed.Our system is broken and it is not working.We have got to stop punishing the innocent in our community. Vice Mayor Eck commented they had discussed bringing in hearing officers at the last meeting.They had no idea it cost $750 to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 5 OF 31 go to the board of adjustment, with $500 of that being for advertising.A hearing officer would probably be around $100. They are looking into that to help resolve that large amount of money.It will be a neutral party looking at it. Councilmember Severs stated it will be too late for her but great for everybody in the future.It is a great idea and he hopes they do it.They need to find a way to help her now and anyone else who needs the help. CITY MANAGER'S REPORT City Manager George Hoffman commented the multi-gen and the library are wildly successful and they have a need for additional parking.They are also looking at another entrance on the north side of the library through state land that will need to be purchased.He added the Lost Dutchman Marathon was held this past weekend and it had been the most successful event thus far, and organizers thanked Jeff Bell, Liz Langenbach, the parks and recreation crew, the public works crew and the police officers who assisted. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. ANNOUNCEMENT OF CURRENT EVENTS None. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER INC. )City Clerk Kathleen Connelly briefed the council on the item.She stated it is for this coming weekend for a one day event in conjunction with Lost Dutchman Days.They have met with staff and there are no objections.They are here tonight to talk to the council. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 6 OF 31 Mr. Mark LeResch, 2910 W. Apache Trail, Superstition Harley-Davidson, addressed the council.He thanked them for hearing them.They are having an event and they want to go through whatever procedures are necessary to do that.He invited them to the event on Saturday. They will also be in the parade this weekend. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Barker commented she wanted to congratulate them as the only comment that was made from staff was to insure that the beverages remain in the designated areas.They anticipated that and hired a security firm to make sure that occurred.She thanked them for anticipating that need. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER, INC. FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 23, 2008, SUBMITTED BY MARK LERESCHE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Serdy SECONDED THE MOTION. VOTE:Unanimous.(Vice Mayor Eck was absent for the vote.) The motion carried. APPLICATION FOR A BINGO LICENSE FOR THE LADIES AUXILIARY AT HAPPY DAYS MOBILE HOME PARK ) )City Clerk Kathleen Connelly briefed the council on the item.She stated they are asking for the council's recommendation.They are here this evening in the event council has any questions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 7 OF 31 Ms. Eula Byers, the coordinator for the finances, addressed the council. Ms. Marion Carpenter, the manager for the ladies auxiliary, addressed the council. Mayor Insalaco 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. Councilmember Barker commented she noticed that the proceeds from this are going to go to charities as well as to refurnishing their hall. Ms. Eula Byers stated that is their purpose.The money will be going to the Apache Junction Food Bank. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A BINGO LICENSE FOR THE LADIES AUXILIARY AT HAPPY DAYS MOBILE HOME PARK BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1316, AMENDING THE CITY CODE BY ADDING SECTION 10-1 -31 LEAF BLOWER USE,ADDING SECTION 10-1-32 OFF -HIGHWAY VEHICLES ON UNPAVED SURFACES,AND AMENDING SECTION 9-1-3(B)VEHICLES BY ADDING NEW SUBSECTIONS (6),(7), AND (8)) )Public Works Manager Shane Kiesow briefed the council on the item.He stated this REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 8 OF 31 ordinance will keep the city in compliance with some state mandates regarding PM -10.He gave an abbreviated version of his original presentation at the work session.Some changes were made from the work session that night, but they were careful in not putting too much language in there that would be viewed by the regulatory authorities to be considered as watered down or have a lot of loopholes.He gave a brief history on the city and PM -10 plans.They are here tonight to implement the state mandated 5% plan.They need to have success on the 5% plan or the city risks losing a lot of federal monies that come through the state.The non -attainment area includes a lot of residential areas in Final County just outside our corporate limits as well as the county islands within the city.City staff collaborated very closely with Final County to make sure our ordinance looks very similar to their rule as when it comes to implementation and enforcement, there would be a real problem if it was not uniform.As of January 1, 2008, the state prohibits the use of all terrain vehicles on unpaved surfaces that are not a public or private road, that is closed by the owner or by regulation or by proper posting of land as private. Haul trucks must be covered with tarp if carrying bulk material as defined in the ordinance.The paving of unpaved roads will increase from 4 to 6 miles per year.The city will continue to purchase used PM -10 certified street sweepers. Vice Mayor Eck asked if the city has one street sweeper right now. Public Works Manager Shane Kiesow stated the city has 3 street sweepers now. Vice Mayor Eck asked how often they are being used. Public Works Manager Shane Kiesow stated it depends on the residential streets and arterials.They try to hit the residential streets once a month and the arterials every other week.Some of the major collectors, like Phelps, fall into the arterial category.They will continue to get the alleys done as they are on a deadline. Shoulders will be done on those roads with an average daily traffic count of at least 2,000.There are restrictions for leaf blowers now.The covering of haul trucks will impact the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 9 OF 31 city the most as they will have to get tarps for the public works trucks.They are mandated to report the progress and violations that are given out.They will probably see him again in August or September when it is determined if more needs to be done.There are some joint city and county mandates regarding all development.Dust proofing applications must be done with approved stabilization methods.The ordinance must be adopted by March 31 and enforcement implemented by October 1, 2008. Parking units 3,000 sq.ft. in size or larger must be paved in residential areas, with the ordinance regarding this having to be adopted by March 31.Enforcement does not take place until October 1, 2009.Changes to the ordinance made after the work session deal with intermittent use, the use of temporary parking stalls, and defining ingress and egress of properties.He will be looking at implementation and enforcement protocol being done by other cities.Most of them are complaint -based at this time. Vice Mayor Eck asked how much it will cost to stabilize the alleys. Public Works Manager Shane Kiesow stated the cost per ton is about $8 or $9.That is the cost of us crushing the recycled asphalt millings that we have to make them into a smaller aggregate.That is about $4 per ton, and with the labor it brings it up to $10 per ton. Vice Mayor Eck asked if there are some areas where they are required to spray, like around the building or the larger private properties. Public Works Manager Shane Kiesow asked if he meant the stabilization chemical. Vice Mayor Eck stated that is correct. Public Works Manager Shane Kiesow stated that is a treatment that is in the ordinance as a remedy, but there is a lot of judgment that will be at the hand of the city representative of that development, possibly the development services director or his designee. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 10 OF 31 Vice Mayor Eck asked if that would be extremely expensive. Public Works Manager Shane Kiesow stated the cost on chemical organic stabilizer is not that expensive.It depends on the traffic there will be.A lot of vehicles with power steering on it will rip it right up.The effective layer is only one-half inch.They would have to be spraying it every couple of days which would be very cost prohibitive. Vice Mayor Eck asked when they would actually start enforcing all -terrain vehicle and dirt bikes on right-of-ways. Public Works Manager Shane Kiesow stated that will be March 31, 2008.It begins almost immediately. Vice Mayor Eck commented he has had several complaints about the all -terrain vehicles.They are running out of areas to ride.They are using the sides of the roads.He does not think they are writing too many citations yet. Public Works Manager Shane Kiesow stated it is difficult for the police department to take a squad car if they are off in the desert. Vice Mayor Eck commented they are catching a lot of them on the right-of-way.He asked one of the riders what happened and was told he got a verbal warning. He was told something about a couple of months with the dust. Assistant City Manager Bryant Powell stated they can also work with the property owner on fencing the land.They have worked with the State Land Department on fencing many of the areas in the community from all -terrain vehicle riders. Vice Mayor Eck commented his neighbor thinks that because he has 1.25 acre that he can ride on his own property.They have 5 quads.They would have to use REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 11 OF 31 a lot of water to keep the dust down.He does not want them riding their bikes there; he does not think any neighbor does. Public Works Manager Shane Kiesow stated they do not have to go to far to be able to ride. State Land issues permits to ride on their land not too far beyond Gold Canyon. Vice Mayor Eck commented he has seen them out there when he has gone to the Renaissance Festival.There were quite a few out there.There is a lot of dust, like the 201 used to be by Silly Mountain.It has just gone further east.They also use Mountain View Road.It is not a road. Public Works Manager Shane Kiesow stated it is not.It is not on their list of dirt roads to pave. Vice Mayor Eck commented it probably creates more dirt than anything, all the alleys included. Public Works Manager Shane Kiesow stated he has had lengthy discussions with public works staff and Pinal County to keep it in our conscious as they move forward, trying to recognize some avenues to pursue to get that done.It is difficult because it is state land, the road serves a lot of county residents, and it is within the city's corporate limits.There are 3 big players involved that need to unite on that.State Land's hands are bound; they have to charge us a premium price for any land.He does not see them backing down per state law to give the city a break on giving us the right- of-way for those roads up there. Councilmember Serdy asked if the enforcement would all be on the shoulders of the police or will some of the departments be doing it also. Public Works Manager Shane Kiesow stated there will be a lot on development services and the police department.There will also be some from public works.Their inspectors will be out there and encouraged to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 12 OF 31 report people that are blowing debris into the gutters.They will shoot for compliance and not give violations.The inspectors do not know the procedure for writing up a violation but they will shoot for compliance. Councilmember Serdy asked if we will try to take care of it in house or will we be turning it into the federal government. Public Works Manager Shane Kiesow stated there will be some internal with our own staff, watching and working with our supervisors. Councilmember Serdy asked how many people from the Environmental Protection Agency will be watching us. Public Works Manager Shane Kiesow stated according to other federal mandates, it will not be too often.For example, the stormwater program, they have a goal to inspect all phase two cities within 7 years.No one has shown up yet and they are in year 3 or 4. Councilmember Serdy commented he had shown them a page on amount of warnings and citations issued.He asked if there will be quotas or penalties for not writing someone up. Public Works Manager Shane Kiesow stated they would not know because it has not been done yet anywhere.There has been some conversation that Maricopa Association of Governments Air Quality Committee recognizes there will be some real small communities and large communities, and there will be a certain expectation of the larger communities to have a lot more notice of violations and citations than the smaller cities.He thinks the biggest impact and control will be what they can do in house.If they show within the first reporting period a considerable movement in that area, he will feel really comfortable.As a small community, we might not have many violations to report on. Councilmember Wilson asked how many miles of dirt road are left in the city. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 13 OF 31 Public Works Manager Shane Kiesow stated they are under 18 of legally dedicated roads. There are larger dirt roads without dedication, such as Mountain View, and they also have a lot of pigtail roads as well as federally patented easements that have been turned into driveways.By 2009 they hope to have all the dedicated roads paved.They will probably have Mountain View, Lost Dutchman and a few other pigtails and federally patented easements that will not be stabilized at that time. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He asked if a developer would not be allowed to develop a property unless the entire property is covered with paving, sidewalk and landscaping.He has seen a few projects come before the planning and zoning commission where they were planned developments but wanted to develop the back of the property first.Near the road, they did not want to spend a lot of money on landscaping.Next to the road is where the dust would be, and that is the PM -10 problem.That is what he is concerned about.He asked how often they would have the street sweepers running and if they are going to get more of them.He asked what would happen if they do not make the 5% reduction in the PM -10 using those sweepers.He understands that the PM -10 meters will be turned off during dust storms, but they are not off an hour after the dust storms that have blown the dust on the roads.The cars grind up the dust and make it airborne.He thinks it is a good idea to pave the alleyways.He does not think any city will be able to make the 5% reduction unless they spend half of their city budget.They are not going to do that. He thinks Councilmember Severs had a good suggestion in that this needs to go back to the state to get something figured out. He suggested there be some kind of a state program to take all the used tires and grind them up and make them into aggregate material.They could then sell it back at a reduced price to the cities.It should cost less than asphalt or a more expensive aggregate material.This would allow a reasonable chance to comply. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 14 OF 31 Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Barker asked Shane Kiesow to reiterate about the number of times the sweepers will be used. Kiesow stated they are trying other week on arterial roads, such as Phelps that have high Public Works Manager Shane to maintain a frequency of every including some collector roads traffic.The residential areas that have a gutter on them are done monthly.Those are the frequencies that are encouraged through Maricopa Association of Governments and the Arizona Department of Environmental Quality for effective frequencies.If you go more, you actually disturb more dust and add to the PM -10 issue.Part of the sweeping plans will be to keep track of the frequency.As more subdivisions and streets are added, the frequency will start getting less.That will be the trigger to purchase another street sweeper. Vice Mayor Eck commented that the fight is over.They do not go back to the state; it is a federal mandate.It is comply or lose highway funds. Public Works Manager Shane Kiesow stated that is correct.It is a federal clean air act under-the Environmental Protection Agency. Vice Mayor Eck commented everyone is dealing with the same problem.It is not just us. Maricopa County hired 14 inspectors last year. Public Works Manager Shane Kiesow stated he thinks they will have to hire a lot more. Vice Mayor Eck commented a lot of dust comes from construction, but as long as the site is thoroughly watered where they are working, it is not an issue of having to put the pavement down right away.They can have 50' or so of gravel before they get to the road plus a screen gate REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 15 OF 31 that will knock the mud and dirt off the tires before entering the road. Public Works Manager Shane Kiesow stated he did not touch on that as Pinal County has to regulate the dust control on construction sites.There will be additional expectation in the form of best management practices. Vice Mayor Eck commented they even had the screening for the Habitat for Humanity subdivision. They had the screen, gravel and hired a private sweeper.They did excellent dust control on that subdivision and that is the way he assumes it will be handled from this point on. Public Works Manager Shane Kiesow stated that is correct.There will be more inspectors from Pinal County keeping an eye on it. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1316 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1316, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Eck SECONDED THE MOTION. VOTE:.Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 16 OF 31 The motion carried. ORDINANCE NO. 1302, AMENDING THE CITY CODE, CHAPTER 9, ARTICLE 9-1, BY ADDING NEW SECTION 9-1-5 CARGO CONTAINERS )Vice Mayor Eck commented he realized this is open for public discussion tonight but due to the fact that we are missing one of our colleagues due to being hospitalized, he would like to move that we continue the consideration. City Clerk Kathleen Connelly stated because this has been placed on the agenda as a public hearing they must have the public hearing. Vice Mayor Eck stated he understood that, he wants to continue the consideration of the ordinance until Tuesday, March 4, 2008 and that we suspend any enforcement of Ordinance No. 630 until there has been a vote on Ordinance No. 1302.He commented they do not work on something for 10 months and then make a decision when you have a member missing. City Clerk Kathleen Connelly reiterated that they should have the public hearing. Vice Mayor Eck agreed. Development Services Director Brad Steinke briefed the council on the item.He stated the ordinance includes the direction given at the last meeting regarding conditional use of containers in residential areas and in non-residential areas, the sizes, height, locations and aesthetics. Councilmember Wilson commented this has been a long and drawn out issue.He thinks they have gotten to a compromise that a lot of them can live with. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 17 OF 31 Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated this is a danger area if they violate constitutional rights. Any council member or staff can be personally and professionally sued.The cargo container law was not enforced for 16 years. He commented on court decisions he had given to the council.In the instance where staff members told people they could put in cargo containers, this would add violation of rights, malicious prosecution and bad faith.People would have to go through the extra steps and expense of fighting it that far.The council should have placed them in reasonable use in the very beginning. As long as the cargo container maintains or improves property use and its reasonable use, all people have the right to use it and do it.If they want to make it something that tears down property values, then it is not an exemption but an override. The other property owners have a right to maintain their property value and the one person is overridden by the many. That has to be on a case by case basis.This has been worked out and a compromise reached for reasonable use.He urged them to pass the ordinance. Mr. Timothy Kirby, 3515 S. Winchester, Apache Junction, addressed the council.He stated he operates a commercial business on 5 acres of heavy industrial.He moved from Gilbert 1.5 years ago to expand his business.He does not believe he is exempt from this ordinance. He needs cargo containers to secure his portable welding machines.On December 25, 2006 they had a break-in and someone stole $50,000 worth of equipment.There are far more unsightly things than cargo containers in the industrial area.He urged them to pass the ordinance with industrial properties at least being exempt. Mr. Greg Fesco, 3273 N. Grand Drive, Apache Junction, addressed the council.He stated he has one on his 1.25 acre property now.His property is completely walled in and fenced.Even though things are out of sight, he used to have a metal shed and someone kicked in the walls and doors and stole his tack and expensive saddles.He uses the cargo container to store his expensive things and his horse equipment.His is covered with wood siding and has a nice door with a dead bolt lock.He requested they repeal Ordinance No. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 18 OF 31 630 and urged the council to vote in favor of homeowners having the cargo containers with certain restrictions. Mr. Chris Francis, 538 E. Quail, Apache Junction, addressed the council.He owns a home and operates a small electrical contracting business in the city.He rents a construction yard that is chain link fenced on 2 sides.Prior to his getting a cargo container, he had 12 incidences of theft and robbery from other storage containers on the property.To prevent losing more expensive materials and claiming the items on his insurance and having his premiums raised, he purchased a cargo container to put these items in. Since getting the cargo container he has only had one break-in, with the lock being cut off of another enclosed construction trailer.They did not attempt to get into the cargo container. He thinks it would be noisy for them to try to get into it and the noise would alert the residential neighbors and the traffic that goes by.He feels that if the ordinance requires him to screen the cargo container, traffic passing by would not notice someone trying to break in.He urged them to pass the ordinance for commercial properties. Mr. Willard Bourquein, 1492 S. Ocotillo, Apache Junction, addressed the council.He stated allowing people with one acre or more in residential is discriminatory.He and others have less than an acre and do not understand why they cannot have the same protection.It is the safest container available today.He understands hiding it to change the looks of it, but he should be able to have one on a smaller lot if the size of the building conforms to the code size.If they do away with cargo containers on the smaller lots, they are asking for more burglaries.He requested they include all residential lots if the building complies to the present code. Councilmember Severs asked what size lot he lives on. Mr. Willard Bourquein stated it is about 60 or 75 by 110 or 120.He has an 8' by 20' container.It is the best that he can buy. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 19 OF 31 Mr. Gary Daniels, 2791 W. Superstition Boulevard, Apache Junction, addressed the council. He stated he owns a business there and Chris Francis rents his lot from him.Over the past summer his fence was cut numerous times.He lost some stuff and Chris lost a tremendous amount. Since he put the cargo container in they have only had the one incident with nothing missing from the cargo container.It is not an eyesore.Traffic sees into his lot; the police have called his house when he left a ladder on his roof.If they have to cover it up, they cannot see it.There do have to be some limitations for residential properties, but his is commercial.So far it has worked out great.He urged the council to reconsider the amount of money that has been lost to theft and saved with the cargo containers. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He agreed they have been working on this a long time.His records showed it started October 2006.He took his cargo container off and is putting up a storage building.He agreed that they should wait until they have a full council to vote.He would like to see this issue put to rest.He does not want another councilmember asking to bring it back up because they did not have a full council.He thinks they could wait another 2 weeks. Mr. Charlie Bunten, 1680 N. Starr, Apache Junction, addressed the council.He stated they are changing an ordinance not creating one.Commercial properties should be exempt.He will challenge residential properties having them.He had someone call his house and tell him he knows nothing about horses.He is the only one here that is a professional horseman.He and his wife raised thoroughbred horses and his silks are still in Kentucky.No one should be telling him what to keep his feed in; his was kept in a series of 55 gallon drums.He did not need a $3,000 box.If hay is kept in one of these steel bins and the temperature goes over 160 °, the nutritional value of the hay would be dead.At 160° to 190°,you have spontaneous combustion.They are not thinking the whole thing through.Commercial and large lots should be able to have them.His issue is Proposition 207 which opens this city up to being sued when someone's property rights are infringed.They are not looking at that; they are looking short term.He added the word reasonable is ambiguous.It REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 20 OF 31 cannot be used as reasonable use.This has gone way too far. They have reduced the lot size and added two units instead of one.They have increased the size.They are adding burdens to people that do not need it.They need to constructively talk to each other. Mrs. Pam Mosher, Apache Junction, addressed the council.She stated she was impressed with the video at the last meeting.However, things that came out of that video were the need to bring in new businesses, public safety, public rights and communication with the citizens.The words are eloquent but they do not do that.They put their trust in the council when they elected them but there is constant bickering that takes too much time.The video sells the community to businesses, but they are taking away the rights.They see the words, the community sees their actions. They need to listen to the people and get their trust back.She asked if they wanted to run out the people and businesses because of ordinances.There are a lot of things that can be adopted for compromise.It is not a compromise to make it unsightly or not appealing.They need to work together for a common ground.Most people did not know the ordinance existed as the ordinance is from 1988.They need to grow with the city. The council has flipflopped on direction so many different ways. Another councilmember voted no because the lot size was smaller; it was not much smaller at all.She asked them to consider the people that voted them in. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council.She stated she hoped Vice Mayor Eck would vote well tonight.She has heard the mayor and Councilmember Barker do not want it outright.She understands that but they need to remember the rights of the people who live here and the businesses that are here.She has gone out of Apache Junction because of sales tax issues.They are just reaffirming these issues by allowing these individuals to say they will leave.She has a good amount of faith in them but she did not think this would go 18 months.She asked them to think with their heads, not their eyes, and know it affects everyone.She thinks the survey in the paper that showed only 5% of the people wanted it is incorrect.By the people that are here tonight, she believes that percentage is higher.They need to remember they are public servants. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 21 OF 31 Mr. William Rawlins, 574 W. Greasewood, Apache Junction, addressed the council.He stated he voted for all of them and they are doing a good job.The people here who are sitting here quabbling are the same people he sees here every time he comes; they only have different issues.The council represents the other 35,000 people and they must feel that they do a good job or they would be here, too. Whatever their decision, he urged them to stand their guns and they will be here for the next election.Those who are not might move and they would not have all the frustration and commotion. 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 still wanted to urge the council to continue the item to March 4 when they have a full council.It has been a long time and they should have 7 people up there when they do this. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED TO CONTINUE THE CONSIDERATION OF ORDINANCE NO. 1302 UNTIL TUESDAY, MARCH 4, 2008, AND MOVE TO SUSPEND ENFORCEMENT OF ORDINANCE NO. 630 UNTIL THERE HAS BEEN A VOTE ON ORDINANCE NO. 1302 ON MARCH 4, 2008. The motion died for lack of a second. Vice Mayor Eck stated he would urge them to continue it as it is going to fail if it is not continued. Councilmember Barker MOVED THAT ORDINANCE NO. 1302 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 22 OF 31 VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1302, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT ALL REFERENCE TO THE SIZE OF THE RESIDENTIAL LOT BE CHANGED FROM ONE GROSS ACRE TO ONE -AND -A -QUARTER ACRES. Councilmember Severs SECONDED THE MOTION. There was general discussion as to where the cargo containers would be allowed with that motion. VOTE:4-2 (Mayor Insalaco and Vice Mayor Eck voted in opposition.) The motion carried. OLD BUSINESS RESOLUTION NO. 08-03, AUTHORIZING SUBMISSION OF APPLICATIONS FOR FISCAL YEAR 2008 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND STATE SPECIAL PROJECT FUNDS )Program Coordinator Heather Patel briefed the council on the item.She stated this is for review and discussion only this evening.She will be back on March 4 for approval.The projects that were agreed upon at the last meeting were the downtown redevelopment plan for the regional account and emergency housing rehabilitation for the state special projects.The resolution allows the mayor to sign the application documents and move forward with submitting the application for funding on May 30, 2008. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 23 OF 31 Mayor Insalaco opened the item to council discussion.There being no discussion, he closed the item advising there would be no action on this item this evening and moved on to the next item on the agenda. NEW BUSINESS AUTHORIZATION OF EXPENDITURES TO KUSTOM SIGNALS, INC. AND AUTHORIZATION OF EXPENDITURES TO MOTOROLA, INC. )Interim Public Safety Director Tom Kelly briefed the council on the items.He stated these are pre -approved budget items.They are asking permission from the council to spend over the $25,000 expenditure amount which requires council approval.Kustom Signals is the digital equipment put in the police cars for video and audio evidence. Motorola is the mobile data terminals allowing communication between the communication center and the computerized data base. Mayor Insalaco opened the item to council discussion. Councilmember Barker asked what the maintenance is on these and are they looking at having to repurchase the same items year after year. Interim Public Safety Director Tom Kelly stated the maintenance is usually in a regular annual contract which is part of the cost.The additional equipment is for new cars and equipment as they break down. Councilmember Barker asked if he had any idea of the cycle on that. Interim Public Safety Director Tom Kelly stated he did not know. Councilmember Barker asked how often they are cycling cars. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 24 OF 31 Interim Public Safety Director Tom Kelly stated he believes it is 4 to 5 years. Assistant City Manager Bryant Powell stated it is 4 to 5 years.They have a criteria based on the number of years and mileage. Councilmember Barker asked if this equipment would more than likely run the same course. Interim Public Safety Director Tom Kelly stated it should. Mayor Insalaco asked if Kustom Signals is in Kansas. Interim Public Safety Director Tom Kelly stated he did not know. It is somewhere in the Midwest. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. MOBILE WORKSHOP TOUR OF MASTER PLANNED COMMUNITIES )Development Services Director Bran Steinke briefed the council on the item.Some of them went on a tour a little over a year ago.He did not. Staff would like to present them and members of the planning and zoning commission the opportunity to visit some of these master planned communities in preparation for their upcoming work with State Land.He wanted direction on who wants to do it. Councilmember Wilson asked when they would plan to do this tour. Development Services Director Brad Steinke stated it will be on Saturday, March 29.It will be an all day tour. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 25 OF 31 There was general discussion on who would attend. Councilmember Serdy stated there was a comment earlier this evening about councilmembers meeting with developers.These will not be developers, they are people that are already there.He asked if these builders might be trying to come into the community. Development Services Director Brad Steinke stated they could.They intend to bring along representatives from State Land, Rhodes Homes and developers of some of these communities to understand why they did what they did.Some of the developers may end up being active in the city. Councilmember Serdy stated they need to do this in order for them to make a better decision. City Attorney Joel Stern stated there is nothing illegal in meeting with developers.It is when 4 of them meet with a developer and discuss how you are going to vote that is illegal. Vice Mayor Eck stated that for the record he has never seen one of his colleagues or himself do something illegal with a developer, as far as 4 or more people talking with a developer or with each other. Mayor Insalaco stated he would be willing to do it again. Development Services Director Brad Steinke stated he will individually call upon them to see if their calendars are okay, do the same with the commissioners and then size the transportation accordingly and the program. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE MOBILE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 26 OF 31 WORKSHOP TOUR OF MASTER PLANNED COMMUNITIES:THAT STAFF SET UP THE APPROPRIATE ACCOMMODATIONS FOR THOSE COUNCILMEMBERS AND PLANNING AND ZONING COMMISSIONERS WHO WOULD PARTICIPATE ON A TOUR ON SATURDAY, MARCH 29, 2008. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF BOARD AND COMMISSION APPOINTMENTS ) )Councilmember Serdy briefed the council on the item.He stated a few work sessions ago they talked about rolling back the terms so that when the new council gets seated they would have a little more impact on who would be on the boards and commissions so that they could get people that would work closer with their ideology.He proposed rolling it back a few months. Vice Mayor Eck asked if the terms would end in September. Councilmember Serdy stated he was looking at October.That way any new council would have a chance to see how the boards and commissions work and have an idea of who they would be working with. Councilmember Severs commented he thinks it is a great idea. Councilmember Barker asked if those people who are already on a board or commission will have their term expire in October instead of June.Those who are appointed in October would have a regular cycle. Councilmember Serdy stated that is correct. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 27 OF 31 Councilmember Serdy stated they would have 4 more months with their appointment this time and after that it would be staggered after the election. Mayor Insalaco closed the discussion with no more comments and called for a motion. Councilmember Serdy MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING BOARD AND COMMISSION APPOINTMENTS:AS ALLOWABLE BY LAW, BEGINNING WITH THE 2008 CALENDAR YEAR AND CONTINUING ON TO FUTURE YEARS, ANY BOARD OR COMMISSION APPOINTMENTS THAT HAVE A JUNE 30 EXPIRATION DATE BE AMENDED SO THAT THE EXPIRATION DATE BE OCTOBER 30, FOR EXAMPLE, THOSE WHICH WE JUST EXPLAINED, THOSE WITH THE EXPIRATION DATE OF JUNE 30, 2008 WOULD BE OCTOBER 30, 2008; THAT THIS CHANGE, AT A MINIMUM, APPLY TO THE PLANNING AND ZONING COMMISSION, PARKS AND RECREATION COMMISSION, LIBRARY BOARD, HEALTH AND HUMAN SERVICES COMMISSION AND THE BOARD OF ADJUSTMENT; THAT STAFF RESEARCH THE POSSIBILITY OF MAKING THE SAME CHANGE TO THE REMAINING CITY BOARDS AND COMMISSIONS AND INCORPORATE ANY ALLOWABLE CHANGES TO REFLECT THE OCTOBER 30 TERM EXPIRATION DATE; AND THAT STAFF PREPARE THE NECESSARY ORDINANCE AMENDING THE CITY CODE TO REFLECT THESE CHANGES AND RETURN IT FOR DISCUSSION AT THE MARCH 3 WORK SESSION AND THE MARCH 18 REGULAR MEETING FOR POSSIBLE ADOPTION. City Attorney Joel Stern stated that is a bit quick.Based on all the current case log, they would need to go at least 2 months. There was general discussion on when it should be returned.The consensus was to make it prior to May 1.- Councilmember Serdy AMENDED HIS MOTION TO HAVE IT RETURNED FOR DISCUSSION PRIOR TO MAY 1. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 28 OF 31 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City Clerk Kathleen Connelly stated Ruth left her a memo advising of 2 different dates for the joint dinner with the Chamber of Commerce Board.The dates were March 25 and April 2. There was general discussion on the dates and the councilmembers' availability.The consensus was to have the dinner on March 25. Vice Mayor Eck MOVED THAT THE FOLLOWING DATE/TIME/LOCATION BE SELECTED FOR THE JOINT DINNER WITH THE CHAMBER OF COMMERCE BOARD:THAT WE MEET ON MARCH 25, 2008, AT GOLDFIELD GHOST TOWN AT 6:00 P.M. AT THE MAMMOTH STEAK HOUSE. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 6:00 P.M. BE HELD ON MONDAY, MARCH 3, 2008, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MARCH 4, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco stated the scheduled executive session would be postponed until March 4, 2008. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 29 OF 31 City Attorney Joel Stern stated those items will be brought back next time. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:59 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of February 5, 2008. 3. Approval of Contract for Repaving of Tomahawk Road in an amount not to exceed $288,392.53. 4. Approval of Resolution No. 08-03, Authorizing an Intergovernmental Agreement with the City of Mesa for Law Enforcement Recruit Training. ACCEPTED THIS 4TH DAY OF MARCH, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MARCH, 2008. ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 30 OF 31 Council of the City of Apache Junction, Arizona, held on the 19th day of February, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of February, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2008 PAGE 31 OF 31