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HomeMy WebLinkAbout2008-03-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 18, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 18, 2008, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember 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:Community Relations Manager Pat Brenner REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 1 OF 37 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2006-11-1, PURCHASE OF 400 LINEAL FEET OF RUBBER GASKETED REINFORCED CONCRETE PIPE, BE AWARDED TO HANSON PIPE AND PRECAST IN AN AMOUNT NOT TO EXCEED $60,800.00; AND THAT THE AWARD OF BID FOR PW 2006-11-2, DRAINAGE IMPROVEMENTS AT DIRTWATER SPRINGS INCLUDING HEADWALL, CONCRETE JUNCTION STRUCTURE, SAFETY RAIL, ACCESS BARRIERS AND RELATED IMPROVEMENTS, BE AWARDED TO H.W. JOHNSON IN AN AMOUNT NOT TO EXCEED $22,288.05. Councilmember Barker SECONDED THE MOTION. VOTE:4-0.(Councilmember Barker left the room during the vote because of a perceived conflict of interest on two of the items.) The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Community Relations Manager Pat Brenner introduced June Whitman from the Saguaro Canyon Village Neighborhood to speak on behalf of her group on their being presented to the council. Ms. June Whitman commented they are proud of their residents and neighborhood watch program.They try to have city officials visit them at their meetings twice a year. CALL TO THE PUBLIC Mr. James Campbell, 3700 S. Ironwood, Apache Junction, addressed the council regarding the speeders in his trailer park. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council to request an end to character assassination and to concentrate on the issues and move the city forward. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 2 OF 37 Ms. Glenda Serdy, 1425 S. Coconino, Apache Junction, addressed the council to advise she had heard of 17 other police complaints in the past few years and urged the city to move forward on the complaint regarding her son. Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council regarding having identification cards with fingerprints be required for the general public to access the school track in an effort to keep sexual offenders off the campus. Ms. Pam Mosher, Apache Junction, addressed the council to ask the council to listen to the citizens, commented that this is one of the most dysfunctional councils she has ever heard and urged them to work together. Mr. Thom Parker, P.O. Box 6646, Apache Junction, addressed the council to advise the Apache Junction Police Officers Association was in support of the council. Bryan Martyn, 8212 E. Twisted Leaf Drive, Gold Canyon, addressed the council to announce that he is a candidate for Pinal County Supervisor. Mr. Luke Burke, 1013 E. Linda, Apache Junction, addressed the council regarding towing issues and spoke in support of Councilmember Severs. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council to state the police officer from the complaint involving his grandson should be fired, that Councilmember Barker was unjustly attacked at the last council meeting, the recall effort is a sham, and that the city should watch out for voter fraud. Mr. Elliot Fisher, 547 E. Quail, Apache Junction, addressed the council regarding getting a tenant for the old Osco at Ironwood and Southern, his possible run for county supervisor, and improving the city's image. Mr. Joseph Severs, 1184 N. Starr Road, Apache Junction, addressed the council regarding increased security at other REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 3 OF 37 municipalities' council meetings and accused the mayor of not leading the community in a positive way. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council to call for an independent investigation to clear the shadows on Councilmember Severs' residency and that he could not believe Councilmember Severs due to lies told to him in the past. Ms. SuAnne Pinoniemi, 850 W. 15th Lane, Apache Junction, addressed the council to agree with the new fees for dog owners but requested the city to start doing inspections during the renewal of animal kennel permits in order to help curtail animal abuse and cruelty. Ms. Maria Ewell, 1330 W. Roundup, Apache Junction, addressed the council regarding all the negative statements being made by Call to the Public speakers and urged everyone to speak proudly of the city. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council regarding the trend of reading dirt in the newspapers and the residency issue of Councilmember Severs; he requested council not let it drag on. Mrs. Sharon Diehl, 653 S. Palo Verde, Apache Junction, addressed the council in support of the majority of the council, to state the newspaper articles are hurting the city, Councilmember Severs stating her husband was more of a rebel than he is, that Councilmember Severs does not say the Pledge of Allegiance, commented Councilmember Severs' wife stated she would sign her recall petition but she cannot since she lives in Gilbert, and Councilmember Severs' wife not returning her phone calls. Councilmember Severs apologized if he offended Mrs. Diehl. Vice Mayor Eck commented sex offenders have rights, the state is supposed to notify neighborhoods but does not always do so, he thinks there are more sex offenders in Apache Junction than Ms. Rizzi thinks, that the city has no control over it but he would like to see if they could control the high school track area; that he had heard council members attacked verbally for the last 11 years, and that the council does not make the attack, it is REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 4 OF 37 the people who have won their case, and that he has never gone to the dais to criticize the mayor.If there was a problem, he went to the city manager and asked for more protection. Mayor Insalaco stated he has asked for more security from the police department in the past and he does not believe Councilmember Severs should have called attention to it in the manner he did. Councilmember Serdy commented Mrs. Mosher is saying the council is not listening, but the council did not start the rumors about Councilmember Severs living out of the city.He believes they will take action to settle the rumors tonight. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson presented an update and pictures on the Black Stallion Literacy Program. •CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER FOR 2008 ARIZONA BIKE WEEK )Mayor Insalaco requested the applicant address the council. Mr. Mark LeResche, 2910 W. Apache Trail addressed the council.He stated they will have a lot of motorcyclists visiting the community from March 29 through April 6.They will have a kickoff party at the dealership, and a taser run and firefighters run. 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. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 5 OF 37 Councilmember Severs asked if they have had the event twice so far. Mr. Mark LeResche stated that is correct. Councilmember Severs commented there was a situation with the neighborhood regarding the noise.They have done everything possible to invite them to the event and even offered to put them up in hotel for the night.He hopes they understand that this is a once a year thing and it is good for the community.He suggested they might want to go play bingo for the night so that the noise does not bother them.He added it is a great event. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER FOR THE 2008 ARIZONA BIKE WEEK FOR MARCH 29, 2008, SUBMITTED BY MARK LERESCHE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-46, DECLARING AMENDMENT TO CHAPTER 6 ANIMALS A PUBLIC RECORD )City Attorney Joel Stern briefed the council on the item.He stated all three items could be done with one public hearing. Councilmember Severs asked if there is any way the 24 hour period could be extended to 36 hours.A lot of people that have more than the allowed number of dogs are fostering them and trying to find them new homes. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 6 OF 37 City Attorney Joel Stern stated he does not see a problem with that.This is the council's decision. Councilmember Severs stated he would like to give them a little more time to find a good home for the animal. City Attorney Joel Stern stated it would have to be in the amendment once this is passed. He continued with the briefing. Councilmember Severs asked if there will be an annual inspection for the commercial breeders' license.He would like to see some wording put in there that would help prevent what has just happened here. City Attorney Joel Stern stated he does not think it will prevent that.They might be able to find things that happened and stop it, but if people know animal control is coming they can hide certain things and once the inspection is done they could continue to do what they were doing. Councilmember Severs stated they would not do the inspection on a designated date. City Attorney Joel Stern stated he had said an annual inspection. Vice Mayor Eck commented if they have 182 dogs, it might be worth an inspection. Councilmember Wilson asked if that is in the new policies they were working on as to when they fill out the different class permits.They would have to go out and inspect them. City Attorney Joel Stern stated it could be a practice and policy that is within the department.He is not sure it is in the code; he does not believe it was before.They can add a provision or they can REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 7 OF 37 continue this as he does not know what kind of language they want. Councilmember Severs commented for the commercial breeders' license there would be an annual inspection. City Attorney Joel Stern stated they could add that to the motion.He asked if they wanted commercial and personal. Councilmember Severs commented he was thinking only commercial but he is seeing a lot of head nodding for both.He would not have a problem with that, so long as they know they can protect the people who are trying to help the animals and the ones that are hording them would be the ones this is for. City Attorney Joel Stern stated whoever makes the motion should make sure that language is added to both of these sections so that there will be an annual inspection. Vice Mayor Eck commented he had a resident call him because he had 2 dogs that had puppies and he now has 7 dogs at the residence.They are all 4 years old as they kept them all. He has had no complaints; they are not barking or noisy and he cleans up after them.He asked if he would have to get a commercial permit since he has over five dogs. City Attorney Joel Stern stated a class one permit for a personal dog owner shall be required for any person who owns, contains or harbors from 4 to 5 dogs over 3 months of age.A class two permit would be from 6 to 8 dogs over 3 months of age. Vice Mayor Eck asked what the fees are on that. City Attorney Joel Stern stated the class one is $40 annually and the class two is $60 annually. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 8 OF 37 Vice Mayor Eck asked if they would be checked annually under Councilmember Severs' suggestion. City Attorney Joel Stern stated he heard that he would like an amendment that would cause an annual inspection on both the commercial kennel and the personal kennel. Councilmember Serdy asked if it would be inside the house or just outside. City Attorney Joel Stern asked if he meant the inspection. Councilmember Serdy stated that is correct. City Attorney Joel Stern stated it depends where the individuals keep the animals.An inspector would be entitled to look inside the residence if that is where they are keeping the animals.They do not need a warrant because they are not inspecting for a crime.It would be a voluntary thing if the person did not want them in the house.It would depend on where they keep the animals. Councilmember Serdy commented the people in Tucson had 800 dogs in the house. City Attorney Joel Stern stated they did.It was outrageous.He is not sure how that was allowed or if the neighbors knew. Councilmember Severs asked what class license they had. City Attorney Joel Stern stated they probably had the 800 dog license.He does not know. It was a horrible situation. Councilmember Severs commented he wanted to let everyone know that that type of thing is what they are trying to prevent here.They are not trying to REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 9 OF 37 control peoples' private rights as to what they can and cannot have for pets.They are trying to stop the puppy mills.For someone to have 185 animals on their property is wrong and something should have been done about that before.If they had known or had some kind of license that had been taken out on this, the city would have had the right to go in and do an inspection.That is what he is trying to do here.He does not really like it if it has to be on residential; he does agree with commercial.If someone has that amount of dogs and has a commercial kennel license, he feels the annual inspection would work fine. City Attorney Joel Stern stated legally this is an administrative permit inspection process.If the person does not want to admit them into the house, he believes the license can be revoked.If there is no other indication of crime occurring, there is nothing they can get a search warrant on, there is nothing the city can do to follow up and see if there are 800 dogs in the house.A judge would have to sign off saying they had probable cause to go into the house. Councilmember Severs asked him what he recommends. City Attorney Joel Stern stated this is a policy decision of the council.If they want to have annual inspections inside homes, he thinks they can add it to the personal kennel permit.The commercial one is easier to defend, but he thinks he can win on a personal dog kennel annual inspection inside the home.If they will not let them inside, they will then revoke the kennel license.If the officer sees other things onsite, they can take that information to the judge and get a search warrant to go into the house.It could happen.He does not think there could be 800 dogs inside and have no one hear a bark. Councilmember Severs commented he does not hope that this will be like the property maintenance standards.They went through that process for those 2% that would not comply.It was for the worst of the worst. It is not to affect everybody and hurt people who are trying to do a good thing.There are a lot of people in the community REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 10 OF 37 that are boarding dogs to try to find them a better home and keep them from being euthanized.He hopes they can do this in a way not to hurt them. Councilmember Barker asked if he wanted to add that type of language as a prerequisite for renewal of permit or is that just any time during the year.In part B of those sections it talks about the validity links.She asked if he wants to add it in there or elsewhere. Councilmember Severs stated it would have to be as a prerequisite for renewal because if they go in and find out someone has 90 dogs, he does not think they are going to renew the license.He does not want a set date, such as an anniversary date from the time license was paid, because what Mr. Stern said earlier could happen.When you have a restaurant, you do not have your annual inspection on the same day. City Attorney Joel Stern stated someone would have to come in to get the permit, and that is when they could ask about the inspection.The officer could then say he would be there between May 1 and May 10.They need some time period, but not a specific day. Councilmember Wilson stated Vice Mayor Eck had asked earlier about how many animals and the cost of the license regarding a personal kennel permit. Currently if they have more than 3 animals and less than 6 animals they are supposed to have one anyway. Vice Mayor Eck commented that the city is basically not enforcing it now anyway. Councilmember Wilson commented they will be creating a permit capable of doing 2 types.They can actually go beyond the 6 animals to up to 8 animals.That will help out in that situation. Vice Mayor Eck commented they are going to add a residential permit, 1 or 2, and they will approve that the inspector has a right to go inside the residence. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 11 OF 37 City Attorney Joel Stern stated he is not comfortable with that verbiage.They could direct him to create appropriate verbiage that is legally defendable.If they want to do floor amendments, they can do so.But if they want him to bring it back and see it again, that is their option. Mayor Insalaco commented he would like to see this done with. City Attorney Joel Stern stated the motion would be that there be an appropriate annual inspection that will be in legally defensible language. Councilmember Severs asked if they do the inspection before they issue the personal dog kennel permit according to this new ordinance. City Attorney Joel Stern stated he did not know.He is not sure the chief knows, either. Interim Public Safety Director Tom Kelly stated the current policy allows the animal control officer to do an inspection, but there is no timeline. He suggested the language state it be an unannounced inspection prior to issuance of permits.The current policy is to do an annual inspection, but it is not mandated, it is a suggestion. They are trying to change that so that it is a requirement, especially after the incident here and the 800 dogs in Tucson. It seems to be becoming more prevalent all over the valley.A lot of agencies are trying to get together to address this.The unannounced inspection would help the person having the animals be a little more cognizant that they could get inspected sometime.Joel could create a leeway of 30 to 90 days, and they would get issued a permit and during that period of time an unannounced inspection would be made.They would then confirm the issuance of the license. City Attorney Joel Stern stated that is a good suggestion. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 12 OF 37 Councilmember Severs asked if the inspection would be done prior to the issuance of the permit. Interim Public Safety Director Tom Kelly stated that is correct. Councilmember Severs commented if someone agreed to an inspection being done prior to getting a permit, they know that they are on the books and they have the possibility of being watched.The problem is the people that do not have the permit, do not have a license or go through the proper channels.The ones that are going through the proper channels up front should not have to have a mandatory in-house inspection. City Attorney Joel Stern stated that would be illegal.It would be an arbitrary and capricious matter.They cannot discriminate like that.They have to treat everyone the same. Interim Public Safety Director Tom Kelly stated in regards to the inspection in the residences when someone is home, there are some legal constraints that they would have to adhere to.An example would be they would have to go to court to get a court order to look at the data in someone's computer.They could probably suspend at least temporarily the license or permit, but with the right legal verbiage it could be doable. Vice Mayor Eck asked if they have the staff for this. Assistant City Manager Bryant Powell asked if they have done any fiscal impact analyses on it. Vice Mayor Eck commented they do not know how many of these permits they will have..They must look at the next budget.He asked if they have the staff right now for this if the ordinance is approved. Assistant City Manager Bryant Powell stated he does not know without conversing with the REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 13 OF 37 staff, but he knows they are super swamped right now.His concern is that it has not been thought through yet. City Manager George Hoffman made a comment but it was inaudible as his microphone was turned off. Councilmember Barker asked about the addition of the permissive word "may".It does not mandate it but it could happen.They could say that they may inspect the commercial or personal kennel. Councilmember Severs commented it could be based on a reason. City Attorney Joel Stern stated that is the problem.When you put "may" in there, it gives animal control the ability to pick and choose.There could be a legal issue as to the constitutionality of the language. Councilmember Severs commented it would be based on probable cause.If someone files a complaint that there are 400 dogs barking, that is probable cause that they may go in and do an inspection.If there is no probable cause, then they would not need to do an inspection. City Attorney Joel Stern stated probable cause is not needed in an administrative inspection.These would be administrative inspections. Councilmember Wilson asked how they are doing it now in their policy of interviewing applicants. City Attorney Joel Stern stated he is not sure how they do that. He would guess they knock on the door and ask to inspect.He is not sure if they are doing that.The animal control officers are not here tonight to answer that. Interim Public Safety Director Tom Kelly stated at the present time it is catch as REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 14 OF 37 catch can.It is done when they have the time to do it.It is not set in stone by ordinance.They are trying to get a procedure, document it and have a tickler system to remind them when to look at them.This is more of a compliance thing than an enforcement operation. City Attorney Joel Stern stated they are working on policies and procedures but that has not come to fruition yet. Councilmember Severs asked if there is anything in this for someone who is boarding animals for the shelter, who is helping to keep animals from being euthanized and is finding them homes. City Clerk Kathleen Connelly stated she does not believe it is addressed in here at all. City Attorney Joel Stern agreed. City Clerk Kathleen Connelly stated there is no mention in here for emergencies. Councilmember Severs commented there are a lot of situations where somebody is helping board an animal until a home is found.They may have 10 or 12 animals for a short period of time. City Clerk Kathleen Connelly stated she has not read anything that touches on the issue of an emergency foster program. Councilmember Severs stated he would like to see something like that put in.He feels they have missed a very important category. Vice Mayor Eck asked if that is too big of an amendment. City Attorney Joel Stern stated he would like to bring this back as they are getting into different areas. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 15 OF 37 Vice Mayor Eck commented he thinks the item should be in there, also.He is concerned about creating an ordinance and not having the staff to enforce it. It is a guideline he has followed.He is concerned they are creating something to just do it when they do not have the staff to actually enforce the ordinance. Councilmember Severs stated he does not like to create something that is not fixed.He does not want to create something that becomes a problem.They need to work it out in the work sessions and perfect it before we implement it. Mayor Insalaco agreed, stating there are too many amendments for approval tonight.He asked what they wanted to do with the other two items. Vice Mayor Eck commented they need animal control here to answer some of these questions. City Attorney Joel Stern stated they should call for the public hearing on these 3 items, close it, and direct him to bring it back with the noted changes from this meeting. Mayor Insalaco opened the public hearing on the item. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He commented about someone he helped that had a kennel.If they are doing the job right, there should not be a problem with an inspection.With a lot of dogs there would be barking and a stench.The stench would be probable cause to go see what was in that house.This is another reason why staff would need discretionary power, as there can be malicious criminal intent, criminal negligence or just something happened that someone did not have control over.They have to be able to handle each accordingly.They could get an arbitrary and capricious appeal, but they will never stop those.Judges look at frivolous things as places they will not go.There are a lot of laws on the book that disagree with each other, and they need to get all of them REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 16 OF 37 ironed out.There are also overlapping grant areas for dogs and animals.He encouraged staff to look into the grant areas. Mr. Ed Dison, 5420 E. Painted Rock Road, Apache Junction, addressed the council.He stated he is the chairman of the Superstition Horsemen's Association and he was originally here to ask that a reasonable effort be added to the manure section.It appears it has already been taken care of.He commended animal control, the city attorney and Chip Wilson for revising the ordinance in regards to equines, and he offered their help and assistance for temporary housing for livestock, veterinarian services, farrier services, and a means of transport for livestock. Mr. Charles Bunten asked if animals cover pot-bellied pigs and goats.They seemed to be hung up on puppy mills.They use a generic term for animals. City Attorney Joel Stern stated animal means any mammal of species that is susceptible to rabies other than humans and livestock. Mr. Charles Bunten stated that ducks, geese, and chickens are okay.There are no restrictions on chickens. City Attorney Joel Stern stated that is correct.There might be some zoning restrictions on them.There is a zoning code that talks about the keeping of certain other animals. Mr. Charles Bunten asked if they are required to have the shot certificates when they issue the permits. City Attorney Joel Stern asked if he was talking about rabies and other inoculations. Mr. Charles Bunten stated he was. City Attorney Joel Stern stated he believed they are supposed to have all. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 17 OF 37 Mr. Charles Bunten asked if that is in the city ordinance or state laws. City Attorney Joel Stern stated he thinks they would have to show all the shots are current before they would issue them a permit. Mr. Charles Bunten asked if he could tell him where to look it up. City Attorney Joel Stern stated he would call him with the information. Councilmember Barker stated the shot question answer is in Section F of 6-1-7.They shall have on file proof of all rabies vaccinations for each dog. Ms. SuAnne Penoniemi addressed the council to thank them for considering that.It is vital to putting an end to this.It will not stop them completely, but her research has shown when these amendments for inspections are acted upon, all of the horders and puppy mills will flee.It is very effective.People will think twice about coming here if they know these laws are enforced.She understands that this will have a fiscal impact.She stated there are a lot of highly trained behaviorists and trainers in the valley who would volunteer to do the inspections in order to eradicate the abuse that is going on. Councilmember Severs requested she turn in some names and phone numbers with their approval and they will have them on file. Mr. Todd Olear, 2898 S. Arizona, Apache Junction, addressed the council.He knows they have well-meaning with this ordinance and the case with the 180 pets was tragic, but he does not like creating ordinances that place undue burdens on law-abiding citizens.He would be an owner with 5 dogs and he could care for them properly and protect the neighborhood from the pets.He does not understand what benefit there would be by going to his neighbors and asking them to apply for an extra permit and pay a $60 fee.He does own one dog only which was adopted from the animal shelter and REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 18 OF 37 he feels she was an abused pet, but he could be a single dog owner and still abuse that pet.They can institute the ordinance, but if someone wants to horde 100 dogs, they will do it.It was not an ordinance that failed the 180 pets, it was our failure as neighbors and citizens for not paying attention and raising a red flag when there should have been some reason for concern.He wishes there was some other way to deal with residential owners who own more than a certain number of pets. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council.She stated they have not mentioned people having dogs that have a litter and they will not find them homes until they are weaned in 8 weeks.She asked if they will have to get rid of them in 36 hours. Councilmember Severs stated there is no limit under three months.He is hoping this is for the very few people that do not comply.From what he understands, hording is almost a disease.It is like a disability.It is not intentional.They will be in the books if they get a permit.When they start to think it is happening, they will inspect.The ones that are hording intentionally it will not work upon. Mayor Insalaco closed public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Wilson commented they are currently required to have a license if they have more than 3 animals.The new ordinance says an owner with more than 4 animals older than 3 months of age will require a permit. Vice Mayor Eck commented it should actually read more than 5.It is more lenient.They probably have upset citizens with the current ordinance.The volunteers are a great idea, but he does not think they should go to a person's residence or a commercial kennel.There has to be a city employee going to the residence. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 19 OF 37 City Manager George Hoffman stated that volunteer concept is most intriguing.A Mesa news release showed volunteers working with code enforcement.He would like to determine what standards and requirements would need to be met.The potential use of government power is a very serious and significant responsibility.If they do the initial review and only animal control if they saw something which would trigger a subsequent inspection, he thinks he would like to discuss it with the city attorney to see if it would work. Vice Mayor Eck commented he thinks the animal control volunteers are great, but he would not like them going into peoples' residences as a volunteer. City Manager George Hoffman commented it would need to be thought out.He was intrigued with Mesa's use of it for code enforcement. Vice Mayor Eck commented he had someone ask if they have truly qualified livestock inspectors.They thought the citing was an injustice and they challenged the officer.He asked if our officers are livestock qualified. City Attorney Joel Stern stated they are not.The livestock inspectors are from the state. Vice Mayor Eck commented that our inspectors will write citations. City Attorney Joel Stern stated he did not know what area he was talking about.If he is talking about manure, that is a different issue.It was a big issue with certain cases they have had in the last 8 or 9 months.If there is cruel treatment to a horse, for example, he does not think they want this code to prohibit our officers from looking into it. Vice Mayor Eck stated he does not.He is just concerned that they have someone on staff that is familiar with equestrian activities. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 20 OF 37 City Attorney Joel Stern asked the assistant city manager if there is room in the budget for a new person who is fully qualified for that.It is a very special area and it could be expensive. Assistant City Manager Bryant Powell stated they do not have the money in the budget right now but it could be in budget discussions in the future. Vice Mayor Eck commented he does not know how they can write citations when the person writing the citation does not know livestock or equestrian activities. City Clerk Kathleen Connelly stated at one point the statutes required the city to have a board of health.Rather than have a certified city health inspector, we were allowed to appoint a medical expert, who, when there was a medical situation or health inspection such as an overflowing sewer at a mobile home park, that person came in and rendered a report and was paid on an hourly basis.They might want to consider the same thing here rather than bring in a staff person. Councilmember Severs commented he knows of 3 livestock/equine experts in this room tonight.Two he knows would be willing to help from the horsemen's association and he believes Mr. Bunten is a horse expert.If some of these people are willing to help, are qualified and would be willing to help, they could make it possible that if there is a livestock or equestrian situation they would be called in on a voluntary basis to assess the situation.It would save the city money.It would not be legal advice but they could advise animal control on which direction to go. City Attorney Joel Stern stated when they get a case where it is a livestock issue, the prosecutor gets the case from animal control.If it is a long form complaint, the prosecutor will look at it.If the prosecutor feels there is sufficient evidence, the prosecutor will pursue it.If there is a livestock issue, they call in a REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 21 OF 37 livestock expert.They have to in order to prove the case. They are not blind to what they are talking about. Councilmember Wilson commented they are writing policies on how they would proceed. In talking to animal control, they have agreed to call some of the local organizations in the community, if it involves equines, to come out and assist animal control.The ultimate is it goes to state livestock and they will make the final decision.At least they have several people and organizations that are veterinarians with different backgrounds.He believes that part, as long as it is put into their policies and procedures, will be covered.He does not think they have a problem there. Vice Mayor Eck commented he must have heard something similar to what he has heard in the past, as far as equestrian people challenging city staff. Councilmember Wilson stated he has, and that is why they stepped forward and worked on it. The city manager has mentioned it has been done in the past. They worked with the city on some issues as well when he was the president of the association. Councilmember Severs commented he would like the volunteer assistance to come in before it goes to prosecution.They should not have to go through prosecution first.If anything has to do with equine and the animal control officer does not have that area of expertise, call in one of the groups that would be willing to help right up front. Councilmember Wilson commented he had a question about the microchip fees. City Attorney Joel Stern suggested they do the motion on the resolution first, and then do the ordinances with public hearings. City Clerk Kathleen Connelly stated they have already done those. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 22 OF 37 City Attorney Joel Stern stated the other two items were not announced; he did not hear their titles given. There was general discussion on their saying they were doing them altogether. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT RESOLUTION NO. 07-46, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 6 ANIMALS,BE CONTINUED AND BROUGHT BACK IN APPROXIMATELY ONE MONTH. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1310, REPEALING CURRENT CHAPTER 6 ANIMALS AND ADOPTING AN AMENDMENT TO CHAPTER 6 ANIMALS OF THE CITY CODE BY REFERENCE )City Attorney Joel Stern briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Bob Hassett, 10396 E. La Palma, Gold Canyon, addressed the council.He stated that $250 for the first offense is too high.A warning should be given first.He knows people with animals.Someone could open the door and have the wind take it and a dog gets out.They are then searching for it and a police officer grabs it because they are going through the area.He thinks it should be left to the REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 23 OF 37 discretion of the police officer for a first fine.It should be a warning, and if it happens after that, it is just negligence. He also thinks the adoption fees should not go up because he does not think people will be able to pay the extra money. Mr. John Kantowski stated he has not seen the fee schedule or penalties, but he asked them to look at the elderly and handicapped.Some of the elderly are on fixed incomes and a pet to them is everything in the world.The fees could go too high to where they cannot afford it, resulting in them not bringing their pet in.Some of the handicapped people are also on fixed incomes and they have dogs for pets or even to help them around the house.He urged them to put it in the ordinance if it is not already there for someone over 65 on a fixed income or a disabled person.He was talking about the penalty fees at $250 and the fees for adoption and others. City Attorney Joel Stern stated the violations are currently a class one misdemeanor with a maximum fine of $2,500.There could be an 84% penalty added to it to make it over $4,000 plus 6 months jail.The city is decriminalizing these significantly.When he and his prosecutor are in court, they typically do not fine them $4,000 or they would be getting calls every day. Mayor Insalaco commented they are basically cleaning up the ordinance. City Attorney Joel Stern stated that is correct.He is sure they do not give out a ticket on the first violation; they have been warned several times and the officers do exercise discretion.These are relatively cheap.They do not want to give someone a class one misdemeanor on a first time leash law violation.He has had to do it because that is what the law says, but he has not liked it.So has his assistant Mary Ann Coyne.This makes it a civil violation, like a traffic violation.The first 3 times within 24 months it will be the civil fine, the fourth time it will be a class one misdemeanor. Vice Mayor Eck commented he was concerned about them not giving warnings when dogs get out accidently, such as in monsoon storms where the wind has blown REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 24 OF 37 the gate open.He hopes discretion is being used and they do not get a $250 fine the first time the dog is loose. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated as long as the officers have and exercise discretionary power, there is no real problem there.Phoenix and Maricopa County have volunteer enforcement officers that go through the training.Bureau of Land Management also has volunteers. Mayor Insalaco closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Severs MOVED THAT ORDINANCE NO. 1310 BE CONTINUED FOR AT LEAST 30 DAYS FOR JOEL TO PERFECT IT. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1311, AMENDING CHAPTER 4 FEES BY AMENDING ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE briefed the council on the item. public hearing on the item. City Attorney Joel Stern Mayor Insalaco opened the Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He asked them to keep the fees as low as possible. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 25 OF 37 Councilmember Wilson commented there are fees for microchipping a dog at large and one for microchipping an adopted cat.There is nothing mentioned for the dogs.Their adoption fee is $80.He asked if the includes the dog being microchipped or is there an additional fee for that. City Attorney Joel Stern stated they are going to microchip all the animals that are adopted out.The adoption fee includes the microchip fee. Councilmember Wilson stated the at large is if his dog gets out and runs free, and he comes to pick it up, they would microchip it. stated that is correct. City Attorney Joel Stern Vice Mayor Eck commented under page one, item one, the license fees for dogs are $10 per dog and the license fees for dogs for senior citizens are $5 per dog for citizens at least 62 years old or older.It does address that, but it does not say anything about disabled.They might consider that. City Clerk Kathleen Connelly stated they would have to add a definition of disabled. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT ORDINANCE NO. 1311 BE CONTINUED FOR 30 DAYS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a 10 minute break. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 26 OF 37 Mayor Insalaco reconvened the meeting. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF CITY COUNCIL RESIDENCY )City Manager George Hoffman briefed the council on the item. Vice Mayor Eck commented he was asked to open this up as a public hearing.He thinks there are people who would like to talk. Mayor Insalaco stated he did not think he could do that. City Attorney Joel Stern stated he does not think the code provides for that.They could reschedule it for a public hearing. Councilmember Severs stated he does not want this to drag out any longer than it needs to. He believes in his heart and soul that he is doing nothing wrong.He is representing this community and fighting for the rights of the citizens like he promised to do almost 3 years ago.If it takes this council hiring a private investigator to prove what Joel has already told him and what he has tried to prevent from doing anything wrong, then so be it.But if someone is hired, tell them to come to him first and he will give them any information they need. Councilmember Barker commented that from what she understood from Joel last night, intent is the operative word.She does not thing anyone can prove anyone else's intent.It is impossible.She believes REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 27 OF 37 this would drive more of a wedge into this council and it would be a terrible mistake. Vice Mayor Eck commented he asked for this to be put on because he had heard so much in the community.He does not know if it is up to the council go out and hire a private investigator to check one of their colleagues.He does not know if that is their responsibility. It would be simple if it was just calling the attorney general's office for an opinion.He was trying to put some fires out, and if he was Councilmember Severs he would want to be cleared and bring this thing to a closure. Councilmember Severs commented whatever it takes, but he would like to do it without costing the city any money. Mayor Insalaco MOVED THAT THE CITY ATTORNEY BE DIRECTED TO COMMUNICATE WITH THE ARIZONA ATTORNEY GENERAL ON THE ISSUE OF COUNCILMEMBER JOE SEVERS' CITY RESIDENCY, WHICH HE IS REQUIRED TO MAINTAIN WHILE SERVING AS COUNCILMEMBER; SHOULD THE ARIZONA ATTORNEY GENERAL DETERMINE THIS IS NOT A MATTER IT CAN HANDLE AND INVESTIGATE IN A STANDPOINT IN A TIMELY MANNER DUE TO STAFFING ISSUES, THE CITY ATTORNEY IS DIRECTED TO RETAIN AN INDEPENDENT INVESTIGATOR TO LOOK INTO THE RESIDENCY ALLEGATIONS RECENTLY BROUGHT TO LIGHT BY THE MEDIA.THE GOAL IS TO HAVE THE MATTER INVESTIGATED AND RESOLVED SO THE CITY CAN MOVE ON TO CITY BUSINESS WITHOUT ANY MORE OF THESE DISRUPTIVE DISTRACTIONS.THE CITY MANAGER AND CITY ATTORNEY HAVE CONFLICTS OF INTEREST TO INVESTIGATE THIS MATTER THEMSELVES, WHICH IS WHY THE ATTORNEY GENERAL OR A THIRD PARTY SHOULD LOOK INTO THIS MATTER.A STATUS REPORT AND ANY DISCUSSION SHOULD ALSO BE SCHEDULED FOR EACH WORK SESSION HEREAFTER UNTIL THE MATTER IS FULLY RESOLVED.I FURTHER MOVE THAT THE CITY ATTORNEY BE AUTHORIZED TO RETAIN OUTSIDE LEGAL COUNSEL TO FILE AN APPROPRIATE LEGAL ACTION SO THAT THE ATTORNEY GENERAL'S OFFICE DOES WHAT THE THIRD PARTY INVESTIGATOR RECOMMENDS. Councilmember Serdy asked what he said about the work sessions. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 28 OF 37 Mayor Insalaco stated a status report and discussion shall be scheduled for each work session hereafter until the matter is fully resolved. Councilmember Serdy stated he still had some questions.He asked how long he thinks this will last as he does not want it to drag on.He stated they should have transparency just like when they started airing the work sessions.It should all be out in the open and be done with. Mayor Insalaco stated that is why he said if the attorney general cannot do it in a timely manner that a third party be brought in. Councilmember Serdy stated he would almost want to see, because they want to be positive and not have this drag them down, that they might want to have a gag order instead of constant discussion.They should just investigate it and move on.They should not bring it up all the time. Mayor Insalaco asked if they could do that. Councilmember Severs commented according to the letter that was distributed, he is under the understanding that the attorney general has already been contacted and stated it is a city matter. Mayor Insalaco commented he was not contacted by our city attorney. City Attorney Joel Stern stated he does not understand the gag order.There are first amendment issues there.He does not know anything about a letter.He has not contacted the attorney general's office nor has he been asked to.He knows that the attorney general was contacted by a different community on an open meeting violation and they are acting on it.He cannot say that they will not, he does not know.They have limited staff also, but they may or may not take this as a serious matter. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 29 OF 37 Vice Mayor Eck commented they do not. City Attorney Joel Stern stated they have made a motion and they are waiting for a second. Councilmember Serdy SECONDED THE MOTION. VOTE:2-4 (Vice Mayor Eck and Councilmembers Barker, Severs and Wilson voted in opposition.) The motion failed. CREATING AN ADMINISTRATIVE RELIEF EXCEPTION FROM CERTAIN ZONING CODE STANDARDS ) )Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked if this is for new proposals and development. Development Services Director Brad Steinke stated that is correct. Councilmember Barker stated they are coming to him with plans stating they cannot meet the 10' setback so they asking for a 9' setback. Development Services Director Brad Steinke stated they are talking about pre -construction. Councilmember Wilson asked if building a garage onto a property that already has a house on it would be considered pre -construction. Development Services Director Brad Steinke stated that would apply. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 30 OF 37 I Councilmember Severs asked if the 10% rule applies to past or post -construction in the case where someone has made a mistake. Development Services Director Brad Steinke stated he considered that originally, but the city attorney was uncomfortable with that. City Attorney Joel Stern stated it would require a variance.It would be for pre- construction only.If it is already built, someone would have to go to the board of adjustment for a variance. 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 CREATING AN ADMINISTRATIVE RELIEF EXCEPTION FROM CERTAIN ZONING STANDARDS:THAT THIS BE TAKEN TO THE FIRST PLANNING AND ZONING MEETING FOR THEIR APPROVAL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CREATING A HEARING OFFICER IN LIEU OF BOARD OF ADJUSTMENT )Development Services Director Brad Steinke briefed the council on the item. Vice Mayor Eck commented he thought it was made clear last night that they needed either a hearing officer or a board of adjustment, not both.He thinks they have a board of adjustment that is not serving the purpose that the intention was, which was saving money and advertising. He concluded they should have one or the other, and as they already have the board of adjustment they should stay with that. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 31 OF 37 Councilmember Serdy commented he feels if they had a hearing officer and not a board of adjustment they would be asking for a board.It will be more impartial. Vice Mayor Eck commented the hearing officer would be a professional. Councilmember Serdy commented it gives the hearing officer more pressure if they are not ruling the way the council wants.The board will counter and balance each other. Councilmember Wilson agreed. Councilmember Severs stated he thought that if a variance was issued there would not have to be advertising fees and the notification, so he thought a hearing officer could save the citizens some money.With the input of the city clerk last night, he has learned that is not the case.It would be the same as a rezoning. City Clerk Kathleen Connelly stated it would have the same requirements. Councilmember Severs asked if the same requirements would be applied if they were issuing an exception.This is the route he was looking for in trying to help someone who has bought into a situation that they were not aware of or when a mistake has been made.Someone would have the authority, based on certain criteria, to give an exception. City Attorney Joel Stern stated an exception is a variance.If someone builds it wrong, or they buy it, and they realize that the setback line was there and they messed up, then they have to go to the board of adjustment and it is a variance. Councilmember Severs asked if that is defined. City Attorney Joel Stern stated it is under Title 9. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 32 OF 37 Councilmember Severs asked if the definition of a variance would be the word exception. City Attorney Joel Stern stated he is not sure of that. Councilmember Severs stated he has seen where exceptions were given numerous times and it was not considered a variance.It was just an exception based on circumstances. City Attorney Joel Stern stated he did not have his zoning code with him but he could go get it and read the definition of a variance to him if he wants. It is a long definition.It is also in the zoning ordinance. Development Services Director Brad Steinke stated he had a discussion this afternoon with Councilmember Severs with respect to his directing them to go back to the planning and zoning commission to work on an administrative relief exception.That will allow them to waive or modify up to 10%.If he is reading him correctly, that is up to 10% but there is a cap on it.He wanted to know if there was an ability to do a 20%, 50% or an 80% waiver, and have it apply to not just dimensional issues but area issues, like parking a trailer in the front yard versus the back yard.Based on state statutes that 10% is a magic number; if you go beyond the 10%, it is a variance issue.It creates and requires greater scrutiny.He asked if they could wrap in a greater percentage for the relief exception. City Attorney Joel Stern stated he would have to do more research but his guess would be no.It would violate A.R.S. § 9-462.06. Councilmember Severs stated he would like to see a copy of that if he could. City Attorney Joel Stern stated if he will give him a moment he will go get it. Councilmember Severs stated he does not need it right now. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 33 OF 37 Vice Mayor Eck commented this is about a hearing officer in lieu of a board of adjustment.He thinks they have resolved that. City Attorney Joel Stern asked if they wanted to see the powers of the board of adjustment.They are three pages long. Vice Mayor Eck stated he does not. City Attorney Joel Stern stated he could read them to the council. Councilmember Severs stated he would like a copy of them so he could read them at some point in time, but not right now. Councilmember Barker commented it seems to her that what Councilmember Severs is looking for is the same relief after the fact as we are looking at before the fact.She asked if there is such a methodology by which they could create that. City Attorney Joel Stern stated there is not.It is covered under the law. Councilmember Barker stated it is very plain to her. City Attorney Joel Stern stated it is very plain in the law and that is what many people have to go through to get a change in a setback or other things. Councilmember Severs stated he understands and accepts that, but he would like to request they put together some kind of fund for people on a fixed income that simply cannot afford the system.They cannot afford $750 to file an appeal.They have a couple of funds out there right now, with $3,000 in one, that would help people make the correction but it could not be used for the appeals process.He thinks it is a shame that someone cannot afford the system. There should be some relief funds set up for that. REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 34 OF 37 Councilmember Barker stated that would have to be put on another direction to staff. There was general discussion as to when to hear that issue. Vice Mayor Eck commented he understands that and the intent of using the hearing officer to get away from the advertising fees.As of last night, we found that was not enough and it would not work.They might try to find another angle. Councilmember Barker commented they are saying that the hearing officer and the board of adjustment are basically the same thing so why should they get rid of what they already have.They can give direction to staff to forget this. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CREATING A HEARING OFFICER IN LIEU OF BOARD OF ADJUSTMENT:BE DISSOLVED AND THAT WE STAY WITH OUR CURRENT BOARD OF ADJUSTMENT. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AMENDING UTILITY UNDERGROUNDING ORDINANCE )Development Services Director Brad Steinke briefed the council on the item. Councilmember Severs commented he has taken their concerns of an ordinance that did not work.Pinal County Supervisor Sandie Smith told him they cannot rule by exception.To make an exception now and then is a good thing, but if you rule by exception, there is something REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 35 OF 37 wrong with your rules.They have been doing that in this particular case.He has taken this burden to the businesses that were affected by it and made it reasonable and practical. He has implemented a lot of common sense and he thanked him for it. 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 AMENDING THE UTILITY UNDERGROUNDING ORDINANCE:THAT THIS TOO BE TAKEN TO PLANNING AND ZONING FOR THEIR PERUSAL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 31, 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, APRIL 1, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT the meeting at 9:30 p.m. Councilmember Barker SECONDED ) )Mayor Insalaco adjourned Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 36 OF 37 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of March 4, 2008. 3. Award of Bid PW 2006-11-1, purchase of 400 Lineal Feet (LF) of Rubber Gasketed Reinforced Concrete Pipe (RGRCP) in an amount not to exceed $60,800.00. 4. Award of Bid PW 2006-11-2, Construction of Drainage Improvements, in an amount not to exceed $22,288.05. ACCEPTED THIS 1ST DAY OF APRIL, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF APRIL, 2008. ATTEST: KATHLEEN CONNELLY City Clerk N S. INSALACO ayor 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 18th day of March, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of March, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 2008 PAGE 37 OF 37