Loading...
HomeMy WebLinkAbout2007-06-19 City Council Regular MinutesCITY COUNCIL , REGULAR MEETING JUNE 19, 2007 The regular meeting.of:the City_Councilof the -City of Apache Junction, Arizona, was held on June 19, 2007, at the Apache Junction City Council.Chambers:pursuant.to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Eck gave the eInvocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Cduncilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember-Barker Councilmember:Dietz: Councilmember-Serdy- Councilmember..Severs. Staff Present: (Councilmember Wilson was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public SafetyADirector Glenn Walix Others Present:Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 1 OF 53 Planning Manager Fred Baker Economic Dev. Dir. Steve Filipowicz Senior Planner Rudy Esquivias Building Official Dennis Dixon ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND TO CONTINUE ITEM 3 TO A LATER DATE; AND THAT THE AWARD OF BID FOR PW 2007-07, PAVING MATERIALS, BE AWARDED TO VULCAN MATERIALS COMPANY AT $58 PER TON FOR 9.5 MM, 5.6% AC SUPERPAVE; $57 PER TON FOR 12.5 MM, 5.1% AC SUPERPAVE; $56 PER TON FOR 19 MM, 4.8% AC SUPERPAVE; $56 PER TON FOR 19 MM, 5.0% AC EVAC; AND $80 PER HOUR STANDBY TIME FOR DELIVERY TRUCKS AT JOBSITE AFTER 20 MINUTES; AND THAT THE AWARD OF BID FOR PW 2007-06, TRAFFIC SIGNAL MAINTENANCE SERVICES, BE AWARDED. TO JILLOTTI ELECTRIC SERVICE .CO., INC. IN THE AMOUNT OF $125 PER HOUR FOR EMERGENCY AFTER HOURS CALL OUT, $95 PER HOUR FOR EMERGENCY REGULAR_HOURS CALL OUT, $130 PER HOUR FOR ROUTINE MAINTENANCE, $325 PER HOUR FOR INSTALLATIONS, $85 PER HOUR FOR EACH ADDITIONAL EMPLOYEE EMERGENCY AFTER HOURS CALL OUT, AND $65 PER HOUR FOR EACH ADDITIONAL EMPLOYEE EMERGENCY REGULAR HOURS CALL OUT; AND THAT RESOLUTION NO. 07-21, A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED; AND THAT THE REQUEST FOR TIME EXTENSION OF ONE YEAR TO SUBMIT FINAL SUBDIVISION PLAT FOR SD -2-06 BY CLIFF AXT DUE TO HEALTH ISSUES BE APPROVED; AND REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 2 OF 53 THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE STATE OF ARIZONA DEPARTMENT OF REVENUE FOR TAX COLLECTION PURPOSES, A COOPERATIVE STANDARD AGREEMENT FOR NON- PROGRAM CITIES, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. Mayor Insalaco asked what number was supposed to have been continued. continued it.He did not read it. asked which one. Vice Mayor Eck commented he City Clerk Kathleen Connelly Vice Mayor Eck stated it is the street maintenance.It was three on the consent.He asked the public works manager if he got the right one. Public Works Manager Shane Kiesow stated he did. (Vice Mayor Eck had stated number 3 in the motion.The item he did not read and therefore continued was item 5, Street Maintenance Paving Projects, which was the third paragraph of the original motion after accepting the agenda.) VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Dean Bob Salmon, Academic Dean of Central Arizona College, gave a presentation on art in the community and CAC's contribution. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 3 OF 53 Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding a mulberry tree he would like to donate to the city. Mr. Bill Sandry, 6359 E. Indigo St., Mesa, addressed the council to compliment the city's choice on new staff, a reconsideration of the new impact fees submittal, and the support of the Business and Property Owners of Apache Junction for the native plant preservation ordinance. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council in support of cargo containers being allowed citywide, caretaker residences, and the troops overseas. Ms. Anne Coe, 5776 E. Forest, Apache Junction, addressed the council regarding her mural people being available where needed and spoke in support of an arts commission. Vice Mayor Eck commented he does not believe mulberry trees are allowed here, advised that the new impact fees were discussed last night and they are still below most communities but they are working on smoother processes, and that he would like to look at how to create an arts commission. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF DOG RUN SALOON )City Clerk Kathleen Connelly briefed the council on the item.She stated there have been several of these since the new statewide smoking law went into effect.The businesses are now faced with having to REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 4 OF 53 accommodate:their:smokers in an area that is not contained within the premises.They then: have to:get .an extension- of premises..This business is located.jUSt west of the city: complex on,Superstition;The packets: contain :diagrams from the: applicant and:letters:from the policedepartment, the fire: district and planning :staff.Staff recommendations. address technidal.issues;:noneof them have the authority to grant approval of the extension..The applicants are present this evening'. Mayor:Insalaco requested the applicant address:the -council. Mr. and Mrs. Bob and Donna Rosencranse, 4841.N. Cactus, Apache Junction, addressed the council.He stated it is a two -fold application.It is for a smoking patio and a second one for a suite extension; they would like to take over a third suite in August just west of them.It would give them another 600 sq.ft. inside. •Vice:Mayor Eck asked if they : could Make a, recommendation on the additional 600 sq.ft.The: application states fOr:a:permanent extension of premises. City Attorney Joel Stern. stated it is in the application B O he:believes:they can. Vice Mayor Eck asked if they have the one with the fence out in the parking lot. Mr. Bob Rosencranse stated they d ViceAqayor Eck asked how much it:has:affected,the parking for the customers. Mr. Bob Rosencranse stated they cut four parking spaces, but they went to the city planner before they did so.Todd Kennedy walked the parking lot; when Mr. Beaulieu built the facility, he overbuilt the parking lot by REGULAR 'MEETING OF: THE'CITY,COUNCIL JUNE,19,,2007 PAGE15:0F 53 17 parking spaces.It is the only ,direction to go with how the .building is'placed and the proximity ta.the :building and the garbage container out back. Vice Mayor Eck commented they should have been there when the building was built.It was nothing but desert befOre. Mr. Bob Rosencranse stated he did a great job.They are happy to be there; it is a good spot. Vice Mayor Eck commented he just wanted to know if there had been an impact. Mr. Bob Rosencranse stated there has been a positive impact in that they now have patrons parking in the back.They have doors that are accessible from the back.More people are parking.back -there. 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.. Vice Mayor Eck asked ifTOdd. Kennedy had gotten the.information-regarding the site plan and written consent. Senior PlannerRudy Esquivias stated he did. City Manager George Hoffman commented the application seems to indicate that it is for .a. smoking patio expansion with a business:space of 850 sq.ft He asked if they.are subsuming the expansion into the third suite and if it had.been included in the.reviews City Clerk Kathleen Connelly stated the correspondence from planning seems to indicate that it is just the parking space area. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 6 OF 53 Vice Mayor Eck commented there is 600 sq.ft. on the site plan. Mr. Bob Rosencranse stated they may have filled out the paperwork wrong.It will be okay for them to come back in August.It is not an issue.Their site plan shows both of them proposed.They might not have given their best explanation of the expansion. Vice Mayor Eck asked how long his building currently is. Mr. Bob Rosencranse stated his fascia of the building now is 53 feet across the front. Planning Manager Fred Baker stated the building was built and he is extending his lease space area.The building did not include the leased space inside the building.The parking requirement was based on an existing building.The extension of the business premises is the outdoor smoking area.That is all that was approved. Vice Mayor Eck commented that is the 600 feet.He asked the city attorney if the 600 feet is covered tonight. Planning Manager Fred Baker stated it is an extension of premises outside what was previously approved.The building was previously approved for whatever tenant moves into the building. City Clerk Kathleen Connelly stated there needs to be clarification.This is an application for an extension of premises for the liquor license.It has nothing to do with the pre-existing building.She sees nothing on the application beyond the smoking area. Councilmember Severs commented it will have to come back when they do the extension of premises to the other suite. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 7 OF 53 City Clerk Kathleen Connelly stated that is correct. Vice Mayor Eck commented he was trying to save him another trip. Mr. Bob Rosencranse stated that is what they were also trying to do.They should have put 2 lines on this.The 850 sq.ft. is the patio; he thought by having the drawing and moving over one suite it would be covered.They will have to come back again for the suite. City Attorney Joel Stern stated it is not subsumed in the 850 sq.ft. in that box. Mr. Bob Rosencranse stated that is the patio, and that is the important piece for right now.They cannot serve out there right now. Mayor Insalaco commented that is what they are asking for. Mr. Bob Rosencranse stated that is correct. City Clerk Kathleen Connelly stated it will cover the outside area, not the increase in the interior space. Councilmember Severs commented he went there the other night and was surprised to pull into the parking lot and see it right there.He asked what there is to prevent anyone from running into it. Mr. Bob Rosencranse stated there is nothing. Councilmember Severs stated he was a little concerned about that.It does protrude out into REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 8 OF 53 the parking lot.He asked if the fire department or building department said anything. Mr. Bob Rosencranse stated they did not.The same question would be what would prevent someone from running through his front window.They have a 6" sidewalk that is 3' away from glass doors.It is the way it is designed.There was never anything mentioned about barriers or anything else.They have now made it Sante Fe style and it mirrors the building. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF DOG RUN SALOON, SUBMITTED BY DONNA ROSENCRANSE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF JAKES-O-MINE )City Clerk Kathleen Connelly briefed the council on the item.This is another business needing to find a way to accommodate its smokers.The packet contains the application, diagrams and pictures of their proposal, and their have been no objections raised by internal staff or the fire district.The applicant has been invited to attend. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 9 OF 53 Mr. Kent Young, owner of Jakes-O-Mine, 725 W. Lost Dutchman, addressed the council.He stated since the voters passed .the no smoking law, he needs to provide a place for people to smoke. Mayor Insalaco stated he liked his proposal;:it:is extensive and colored pictures mean -a , lot. Vice Mayor Eck commented he runs a fine establishment. Mr. Kent YOung commented. it is not very big, only 10' by 20'; it is only a couple of hundred square teet. Vice Mayor Eck commented some of his customers seem to like it so they can park their bikes-. •Mr. Kent Young stated it is comfortable with a. couple tables and chairs.It is a nice place to sit and smoke. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the -public hearing and reopened the item to council discussion.There -being no further discussion, he called for a motion. Councilmember Dietz MOVED: THAT -.THE APPLICATION.FOR ,AN EXTENSIONrOF .PREMISES :ON THE LIQUOR: LICENSE OF JAKES-0,-MINE, SUBMITTED BY HAROLD:KENT .YOUNG, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENTOF LIQUOR LICENSES AND CONTROL._ Vice Mayor Eck SECONDED THE MOTION. VOTE Unanimous._ REGULAR MEETING OF THE CITY COUNCIL JUNE ,19, 2007 PAGE -10 OF 53 The motion carried. APPLICATION FOR AN INTERIM PERMIT,. NEW LICENSE, CORPORATION, 1 SERIES 12 LIQUOR LICENSE FOR COUSIN VINNIES )City Clerk Kathleen Connelly briefed the council on the item.This is not an extension,of'premises.This is a:change.in ,ownership and state law requires a new. application.Thereare no objections internally or by the fire district.The 'applicant has been asked to be present. Mayor Insalaco requested the applicant address the council. Mr. Paul McCartney, owner of Cousin Vinnies, addressed the. council.He stated they purchased the restaurant about 4 weeks ago and they opened up this week. Councilmember Dietz commented , it seems they had done this before not too long ago. Mayor -Insalaco commentedlhe liked what they had done to the front.It -dressed it up a:lot., He then opened the public hearing' on theitem.There being,no one wishing to speak, he closed the public hearing and reopenedi the item to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR IAN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE FOR COUSIN VINNIES RESTAURANT, SUBMITTED BY PAUL MCCARTNEY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY 'COUNCIL JUNE 19, 2007 PAGE 111 OF 53 VOTE:Unanimous. The motion carried. ORDINANCE NO. 1297, AM -1-07, ZONING ORDINANCE TEXT AMENDMENT FOR DISABLED CARE DWELLING UNIT/ CARETAKER RESIDENCE )Councilmember Barker declared a conflict of interest and left the council chambers. Mayor Insalaco explained Councilmember Barker was on the planning and zoning commission when this item came up. Senior Planner Rudy Esquivias briefed the council on the item.He stated this text amendment will allow a disabled care dwelling unit/caretaker residence on a single-family zoned property.Staff realized at the work session last night that the guest unit portion of this ordinance needs to be extracted because it was not properly advertised. The paperwork recently given them are the suggested deletions to the ordinance, including removing all references to guest units, specifying that Section 6.0108.2 is the caretaker section, that yearly renewals be accompanied by a physician's letter, possible fee amounts, and possible fee amounts for a yearly renewal. Staff is recommending inserting a phrase for means of clarification regarding special density permits for the caretakers; staff believes the phrase require that it be renewed upon proof it is still needed by means of a letter from a doctor.Staff tried to find comparable administrative fees for documents and letters issued in the development services fee schedule.He found some comparables in letters for unlawful use which has a fee or $270, verification of zoning for a $230 fee, and the annual special sign permit for offsite development signs is $300; these are all application over-the-counter documents. The range is $250 to $350, but it is up for council deliberation.There is staff time involved and a monitoring process for these permits.There was a question of a renewal fee; staff is recommending a $100 fee.Although it did not make REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 12 OF 53 it into the ordinance, there was some discussion by the commission of possibly requiring the fifth wheel travel trailer or motor home being used for a dwelling should be properly licensed and operational. Vice Mayor Eck asked if they could change the language requiring a letter from a doctor to a letter from a licensed physician.He has been to homeopathic doctors and asked where they have gotten their degrees and it could be from Beirut or they may be a veterinarian. stated they could. asked if that was Arizona licensed. thinks they should be. Senior Planner Rudy Esquivias City Attorney Joel Stern Vice Mayor Eck stated he City Attorney Joel Stern stated the reason he is asking is because if they want staff to verify they are a licensed physician, it is easier to do it if they are licensed in Arizona. Vice Mayor Eck commented they need to establish somebody local. City Attorney Joel Stern stated meaning Arizona. Vice Mayor Eck commented that is correct.He had suggested a fee of $100 and there were some people who did not agree, but the minimal fee in the structure is $250 so he would like to see the application fee be $250 with the renewal fee being no more than $25.He thinks the $100 renewal fee is too high. Mayor Insalaco stated he was thinking along the lines of $25 to $50 for the renewal fee. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 13 OF 53 City Attorney Joel Stern stated the reasons those fees were suggested is because he and Rudy went over this today for a good amount of time, determining what staff demand would be on verifying all this information. The minimal amount of $25 or $50 would not cover it. Mayor Insalaco asked if that is on the renewal. City Attorney Joel Stern stated the renewal is suggested at $100 at that probably does not cover all the labor time for an employee to go through everything that needs to be verified. Councilmember Dietz commented the renewal should not have near as much time involved as when they first applied. City Attorney Joel Stern stated that is correct. Councilmember Dietz commented they are basically verifying what the doctor stated and that everything is legit. Senior Planner Rudy Esquivias stated that is correct.It would also help to cover the cost of monitoring these things.They will need to set up an internal tickler system as these permits could be processed at any time. It is not like they all expire at the same time of the year. Vice Mayor Eck commented he is thinking of the sensitivity of the people involved.Some of the people will be on social security that is at $300 to $400 a month.He agreed to cut it in half to $50.He is agreeable to the $250 for the application fee as that is the minimal fee. Councilmember Severs commented he thought the purpose for them allowing a travel trailer/motor home/fifth wheel was because it is an inexpensive REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 14 OF 53 way to help take care of someone who needs medical care.He. believes that $250 to $300 for a permitito:do this along with all the other-expenses:that will be. incurredby :taking care of someone who is medicallyill is too much.They aretrying to help their citizens and:they need to do it.in every way they can..It is too much for a -piece of paper. to saythat the trailer is legal to stay in:their yard for.the person staying in it to take care ofisomeone in the residence. Councilmember Dietz commented he did not think they -would be assessing it on everyone. Vice Mayor Eck commented they have a health and human services commission. Councilmember Severs commented abbut all the time that hasbeen wasted .on all this research.It has been -7 months. Vice Mayor Eck commented they have a health.and human services commission that has $100,000 a: year.They have other social funding,that :they 'give out to the community.Realistically, $250 is only going to cover a very small portion of the time taken to do -the permit process.That is the minimal amount., He:thought they:needed some type of fee and that is the minimal_fee.- Councilmember Serdy commented all the other examples given were for: developers and businesses. People that can easily absorb these fees.. Mayor Ihsalaco commented -not necessarily. Councilmember Serdy asked what actual man hours. it would take for themto -do the license. He does not think the:city should make,money off these people. Vice Mayor Eck stated the city is not making any money. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 15 OF 53 Mayor Insalaco and Councilmember Dietz agreed. Senior Planner Rudy Esquivias stated the example of .a non -conforming use letter comes from citizens who have non -conforming properties such as 3 trailers on .a property and they,want to sell itiand the buyer wants to.be able to verify: that they will be able to continue the use of the 3 trailers. Councilmember Serdy stated that person is getting rent from 3 trailers; that is a pretty good business.He is making money; these people are not making money from this.All the other examples were people making money from these:permits. Vice MayorEck commented that is right, but there is the staff time involved to do a permit. Councilmember Severs commented: that. is what he is wondering., • Senior Planner Rudy Esquivias stated a nonconforming .letter, depending on. the amount of research needed to be done, is several man hours. Vice Mayor Eck commented they also have to do the 300' notification. Senior Planner Rudy Esquivias stated there is also .the notification of .the surrounding property owners, mailing fees and putting the letters together. Vice Mayor Eck commented they are probably talking about 16-24 man hours per permit. Senior Planner Rudy Esquivias stated it is in some cases. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 16 OF 53 Vice Mayor Eck commented at $20 per hour it is at $320 minimum, plus mailing fees. Mayor Insalaco commented the problem he is seeing is that they are adding more jobs for staff to do and taking their time away from other things they should be doing and adding this in.Somewhere there has to be some compensation. Councilmember Severs commented they have been hearing all along since this was brought up 7 months ago that there is one or two cases every two or three years that needs it. Vice Mayor Eck commented once it is created it can be used.This has not been created.Once it has been, they will have to see how many permits come in. They will have to judge it 6 months to a year from now and see how many people are aware of it and start using it.It is a very minimal fee. City Manager George Hoffman commented they seem to be in consensus on the Arizona physician issue but if this is a family taking care of someone, they might be coming from another state.He asked if they could not use the physician from that state so they do not have to go through the whole doctor circuit again here. Vice Mayor Eck asked how they could live here and be treated if they did not have a local physician. Councilmember Serdy commented the people who will take care of her live here and they are having grandma sent here so that she could be taken care of. Councilmember Severs commented they might be mentally challenged and they do not need to see a physician. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 17 OF 53 Vice Mayor Eck commented they will need a physician's letter to get in.He assumed if they are ill and here that they would have to be established with somebody.He does not really care on that one, he just thought it made sense to have an Arizona physician.Staff will have to look to make sure it is a physician, even if the physician is out of state.He commented if the city attorney states it is okay, then that is okay with him.He wanted to make sure they could get that research from here. Mayor Insalaco stated there are always ways to verify that. City Attorney Joel Stern stated the only concern is that it is verifiable.If it is not, the permit would probably be rejected. Councilmember Dietz commented they could probably check legitimacy on line.They might have to make a call to the office. Vice Mayor Eck commented they could just take Arizona out. City Attorney Joel Stern commented that if it is in a state that is not on line, they might have to call.There would be a slight delay but that is the only logistical issue. Mayor Insalaco stated it would also be more staff time. City Attorney Joel Stern commented they are going to take out Arizona. Vice Mayor Eck commented that is correct.He is more concerned with it just being a licensed physician.They can also lower the fee if everyone agrees. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 18 OF 53 Councilmember Severs suggested they try it at a lower fee and see how many they get and how much of a burden it becomes on staff.If it becomes a large burden, we raise the fee, instead of the other way around. Vice Mayor Eck commented they already know the minimum amount of time it will take for a permit. Mayor Insalaco commented he does not have a problem with the initial fee, he has a problem with the renewal fee. Vice Mayor Eck commented once it is set up, and they are there 10 years at $100 a year, it can be kind of high. Senior Planner Rudy Esquivias stated in the cover page to the addendum there was also some discussion last night about continuing the guest portion of the ordinance and bringing it back in a month once it has been duly advertised.He has also given them a recommended motion should the council wish to bring back the guest unit provision. Mayor Insalaco opened the public hearing on the item. Mr. Noel Benoist, 900 S. San Marcos #35, Apache Junction, addressed the council.He commented he had a couple of solutions.There is an organization called CAHRA and another called TAP, the telephone assistance program.CAHRA can pay up to about $400 or $500 of their utilities, and TAP pays $20 a month on their telephone. They could actually get a $240 break annually from TAP.They can get a $200 to $300 break on utilities.If they wait until summer and give them a $78 bill or whatever, they get a $300 break.If the bill is at $125, they get about a $400 or $500 break.If planning and zoning, along with the permit, said they are disabled and can qualify for these programs, they are more or less getting their permit fee to help the city and they are REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 19 OF 53 being given back morethan they are:paying,,the city in benefits It would be an annual basis.This would help the city in qualifying them!because CAHRA and: TAP validate and check.on their status to see if they are actually disabled.They could actually get them qualified with CAHRA andATAP, take those qualifications and physician's note, and they have what: they need to validate the fact that they are a disabled person needing care.He agreed with the lower rate on the renewal fee and would like to see them lower theA.nitial fee also.They are then giving to:the disabled who need -it, and ,that is the kind of city we,want to:be known as, a city with a heart.He thinks the changes are good:and,he recommends approval. Mr. Louis Babin, 2191 S. Belair, Apache:Junction,: addressed the council.He suggested :the wording be changed to board certified.He would also start with the lowest amount for a fee and raise .it if there is:a flood of applications.He agreed with the mayor that the renewal fee should be lower as theyAaave already been processed_ before.It is:easy to .call the boards to get the information. Mr. John Kantowski -commented .there are chiropractors :and psychiatrists who deal with mentally challenged people and they are not. licensed _physicians.They have to remember they are talking about the disabled, including social security disabled and veterans -administration with veterans that.are.100% :disabled.There will be American Disabilities Act laws tofollow. Mayor Insalaco commented he thinks he is missing the point.The people living in the mobile homes will be the caregivers, not the disabled people living in the house. Mr. John Kantowski commented' they are asking for a letter from a licensed physician for:the people living -in the house.There:are a lot of different:board certified doctors that are not licensed physicians. REGULAR MEETING OF,THE CITY COUNCIL' JUNE 19, 2007 PAGE 20 OF 53 Vice Mayor Eck commented he does not think the letter should come froura chiropractor. Mr. John .Kantowski commented they may still have to deal with American Disabilities Act laws because this -person is disabled.The city attorney would have to .research it.He commented the renewal fee was suggested. because it is some way.for development services to make sure -the trailer is not a dump:They want current licenses and registrations:because:they will have to be -movedin there.It is one way for them to :make -sure the trailer is still up to livable standards.Hefeels the $250 fee:is high, and yesterday he :thought the $100 was high, but it is the council's recommendation He is sure the applicant will jump at this- even if it is $250. Councilmember 'Severs commented she -is not :here tonight; he might be dead already. Vice Mayor Eck commented it is .because- he. continued i Mayor Insalaco closed the public hearing and reopened the item to council discussion. Councilmember Severs asked what the special density permit fees are for the county. Senior Planner Rudy Esquivias stated they are not listed on the application.He does not have that information. Councilmember Severs commented he -has a text message into Sandie Smith for that information and he is waiting for her to call him back. Vice -Mayor Eck commented' they have to be-realistic:with .the fee.He is:saying to take the lowest fee that is recommended and. on the -renewal fee he would. like to go half of the recommendation. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 21 OF 53 Mayor Insalaco agreed.He added they want to take care of the citizens but we also have a city to run and staff needs to be on other things. Vice Mayor Eck commented they are doing a tremendous thing and this is very minor compared to the actual ability to do the things that these people need to do.These are very minor details. Councilmember Serdy asked how many they think they might have in a year.If they have only 3 or 4, they are talking about $300 to $400 to the city.The water company operates at a loss; he thinks they can afford to help people for $300 or $400. Councilmember Severs stated he is looking at the big picture if they take the $250 fee and then they have another $100 to go see the doctor to get a note. Vice Mayor Eck commented they have to have the letter in the first place so there would be no additional cost. Councilmember Severs commented if they do not have a trailer and are doing this out of necessity, and possibly an emergency, they have to go buy a fifth wheel or trailer. other cities have this. stated the only other one are the city with the big $250 fee with this entire does in the whole valley. amazing here and they are Vice Mayor Eck asked how many Senior Planner Rudy Esquivias they found was Gila County. Vice Mayor Eck commented they heart and are arguing over a one-time ordinance that no other city or town He thinks they are doing something arguing over minute details. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 22 OF 53 Senior Planner Rudy Esquivias stated he found the application form.The county's current application form shows a $100 non-refundable filing fee for a special density permit. Vice Mayor Eck asked if they have an annual fee, then stated they probably do not as they do not enforce it. Councilmember Severs commented it is $100 in the county and no annual renewal fee. He asked why they could not do the same thing and see how it works. Vice Mayor Eck agreed to do the same thing as it is better than arguing over peanuts now. They are very fortunate this ordinance is even here. City Clerk Kathleen Connelly asked if the county fee was non-refundable. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs asked if the fee would kill people doing this. Mayor Insalaco commented it is possible. Vice Mayor Eck asked what he meant. Councilmember Severs commented that because the fee is too low, the council may decide it does not want to do this. Vice Mayor Eck commented he will find out with the vote and he was not helping himself. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 23 OF 53 Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE ORDINANCE BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. There was general discussion as to what would be needed in the next motion. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1297, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:PAGE 1, DELETE PHRASE "ALLOWING GUEST HOUSES AND"; ALSO IN THE LOWER PARAGRAPH "ALLOWING GUEST HOUSES AND"; ON PAGE 2, DELETE THE ENTIRE SECTION 6.0108.2; ON PAGE 3, INSERT SECTION 6.0108.2 SPECIAL DENSITY PERMIT FOR DISABLED CARE DWELLING UNIT; PAGE 4, CHANGE ITEM 2 "BY MEANS OF LETTER FROM A DOCTOR" TO "BY MEANS OF A LETTER FROM A BOARD CERTIFIED PHYSICIAN"; AND ON PAGE 6, ITEM 7, FOR A FEE IT BE A $100 NONREFUNDABLE APPLICATION FEE; AND FOR A RENEWAL LETTER MENTIONED IN NUMBER 2 ABOVE IT SHALL BE ACCOMPANIED BY A $50 ANNUAL RENEWAL FEE; RENUMBER ORIGINAL SECTION 8 TO SECTION 9, AND'DELETE "H" THROUGH "N" ENTIRELY. Councilmember Serdy SECONDED THE MOTION. There was general discussion on the guest unit issue.It was determined to bring it back in another motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 24 OF 53 VOTE:Unanimous. The motion carried. Councilmember Severs MOVED THAT THE REMAINDER OF THE ORDINANCE RELATING TO GUEST HOUSES BE REFORMATTED INTO A SEPARATE ORDINANCE FOR DISCUSSION ON JULY 16 AT A WORK SESSION, AND IFURTHER BE CONSIDERED FOR A VOTE ON AUGUST 7 AT A PUBLIC HEARING. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a 5 minute break Mayor Insalaco reconvened the meeting. RESOLUTION NO. 07-22, IMPLEMENTING MEASURES OF THE MARICOPA ASSOCIATION OF GOVERNMENTS 2007 FIVE PERCENT PLAN TO REDUCE PM -10 IN THEMARICOPA COUNTY.' NONATTAINMENT AREA )Public Works Manager Shane Kiesow briefed the council on the item.He 'gave a powerpoint presentation that included a description of PM -10, major sources of PM -10, the boundaries of the area, the five percent plan, the ten suggested control measures with the city being committed to eight of them, and federal sanctions.The resolution contains' the control measures suggested by the.Maricopa Association of Governments.Staff looked at measures that would not impact our current or approaching ,fiscal year budget of 2007-2008. Commitments included time for city staff to .further evaluate what we are currently doing that may already be meeting some of REGULAR MEETING OF THE CITY COUNCIL' JUNE 19, 2007 PAGE 25 OF 53 these control measures :before any, more:ordinances or measures' are adopted.•He listedthe_control measures :to be enforced and which would not beenfOrced at this time Staff will comeipack at .a later date with anychanges if needecLto.fill the commitment,, Mayor Insalaco commented he had said they have 3 monitoring stations and:Apache Junction has • one of them. Publid -Works Manager Shane• Kiesow stated: there,isone here and several throughout Mesa and Phoenix. Mayor Insalaco commented the, one there is: in one of the ,dUstiest -areas ,around.'., Public Works Manager Shane Kiesow stated it is not.The monitor here had no violations within the first plan.Most of the violating monitors were in Phoenix and the Higley monitor, which is along Higley Road. Vice Mayor Eck commented that 'brings up that they realistically want us in the area for our: clean: air to,helP,bring their level down by ,voIume.:They have even auggested going:as ,,far as Superior -and Kearny to try.to bring that level down with the current issue 'that they have, Public Works Manager Shane: Kiesow stated we do get some ,dust drift:and:he believes that is one of their main -arguments:for adding Apache Junction to this,: even though you do notsee any obvioussmog,in the city or dust. in the evening It actually drifts:,down -to:a:low—point that is: contributing to:theproblem;• Councilmember Dietz asked how muchof the federal funds :dOes Apache,Junction.see that would be threatened since they brought us into the. containmentarea. REGULAR MEETING OF THECITY.-COUNCIL JUNE 19, 2007' PAGE:26'0F 53 Public Works Manager Shane Kiesow stated a lot of the transportation funds that Maricopa Association of Governments get are for transit as well as some to be used for any type of capital facilities transportation. For example the main corridors of US 60. Vice Mayor Eck commented if the station keeps coming up high they would be affected by that. He asked if they would lose the funds from the areas that are out of compliance or if it is for the entire containment area. Public Works Manager Shane Kiesow stated it is for the whole containment area. Vice Mayor Eck commented it will happen because they will never be able to meet the standard as it is not built for the desert.It is built for areas where there are green trees and not dirt lots. Public Works Manager Shane Kiesow stated Maricopa Association of Governments' intent is to hop through all the loops that they need to hop through that the Environmental Protection Agency is requiring.If we develop the plan and show some good modeling, that shows we are attempting to do it. Vice Mayor Eck commented he understands that they have to show the effort, but the Environmental Protection Agency is not asking for realistic goals for this region.They have to think about regions instead of looking at all 50 states the same.They need to look at individual regions, like this one that is high in particulates because of the desert.Staff will not recommend going out and installing all the speed limit signs at $200 to $250 apiece as we will be paving those streets within a couple of years.We would be throwing away the money. Councilmember Serdy commented they would not have police officers going out there to monitor- it either. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 27 OF 53 Public Works Manager Shane Kiesow stated they would not because if someone is speeding on a dirt road and a police chase ensues, we have just multiplied our dust by multiple times. Vice Mayor Eck commented the state law is 25 miles per hour on any unmarked road. Public Works Manager Shane Kiesow stated enforcement is the second issue.The Manual Uniform for Traffic Control Devices states if we have regulation signs out there we must have reasonable enforcement.We did not think we could meet a reasonable enforcement on 15 miles per hour. Vice.Mayor Eck commented this is very disheartening to him as he has been to many meetings and has heard the discussions and the professionals talk about the equality coming from the Environmental Protection Agency in comparison to other states that do not have a majority of thousands of square miles of dirt.They have plains and grasslands, but not dirt, which creates particulates.However, we still have to comply with the same compliance issue as them. It is very difficult to do. Councilmember Serdy stated they also have rain. Vice Mayor Eck commented we get 6 to 10 inches a year. Public Works Manager Shane Kiesow stated he is not arguing against him, but he has seen a chart from Maricopa Association of Governments of all the violations that have occurred up until the previous plans.They had multiple violations prior to this plan that has been implemented.Those violations did drop off significantly.He is not sure if that will make him feel better, but the plans are having an impact. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 28 OF 53 Vice Mayor Eck commented he questions the data, but they do have to follow the plan.It is mandatory. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He has been hearing in the news about the particulates and what they are thinking about doing.He thought he had heard they would require the contractors or the counties in the areas where the contractors are to have someone on site to make sure the area is watered down appropriately when it is supposed to be.He asked if they knew if that is being required and whether the contractor or the county monitors it. Vice Mayor Eck commented it is the county and they originally hired 20 officers to do it and then had to double it. Mr. Louis Babin stated he read where they would be required to be on site for most of the time.They are getting serious about it.He agreed that the federal government has the same standards for us as a place with a lot of green grass.It is not fair. Mr. Noel Benoist, 900 S. San Marcos #35, Apache Junction, addressed the council.The mountains and rocks east of us cool down at night and creates the cool air that comes down and pushes everything towards Phoenix and keeps the smog that way.When the wind blows west to east, their smog comes over here.It needs to be pointed out to them that they are getting quality air from us, not the reverse.Most contractors are required to keep the dust to a minimum by throwing out some water.It is covered in the federal regulations.Our stats show they are giving them good air. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 29 OF 53 Mayor 'Inbalaco closed the public hearing!with:no one else wishing to speak and reopened the item, to council discussion_ Vice Mayor Eck commented this is so controversial.They want xeriscape and yet they are doing construction and you have to use lots of water to try to keep the dust down.Now the Department of Environmental Quality is taking about having to dechlorinate any water used out of a hydrant, even though it is drinking water.He wonders what the cost of thàtwilLbe..These are frustrating mandates.It is an unrealistic goal. Mayor!Insalaco closed the discussion with no''turther commentsand.called for a motion Councilmember. Barker MOVED THAT RESOLUTION NO. 07-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THEI CITY OF APACHE JUNCTION, ARIZONA, IMPLEMENTING MEASURES OF THE MARICOPA ASSOCIATION OF GOVERNMENTS 2007 FIVE PERCENT PLAN TO REDUCE PM -10 IN THE MARICOPA COUNTY NONATTAINMENT AREA, BE APPROVED. Vice Mayor Eck ,SECONDED THE MOTION. VOTE:Unanimous The motion carried. OLD BUSINESS None NEW 1BUSINESS None COUNCIL DIRECTION:TO -STAFF! REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 30 OF53 DISCUSSION:ON-2007 'LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS ,)• )Assistant to the:City Manager Ruth Giese briefed the councilon .the item,She stated two weeks ago council discussed submitting a proposed: resolution for 2007 for .review.She has given them a draft of what was discussed;.a-possible native plant. resolution.Attached to the draft are two:proposals from othericities to co-sponsor their resolutions:_the.Town of Payson and the Town of Queen: Creek. Vice Mayor Eck asked•if•they had signed on with Apache Junction:. • Assistant to the City Manager Ruth Giese stated they have not.These are their proposals they have sent out for council consideration to co-sponsor if they wish. Vice Mayor Eck stated they would need to ask them to sign ours. Assistant to the City Manager Ruth Giese stated that is correct, and they would begin that process immediately if receiving council direction to do so. Vice Mayor Eck commented it is a Councilmember:Dietz idea and he thinks it is a good thing. It is difficult,for.developers and they are making it user friendly, bringing awareness and attention to it.He suggested they ask either Payson or Queen Creek; to back our resolution. Councilmember Barker stated Queen Creek could be a good idea as.they.are close and have similar plants:. Councilmember Dietz agreed. Councilmember Serdy asked if this is the one:about the fines for the caliper inches. REGULAR MEETING OF THE CITY COUNCIL JUNE.19, '2007 PAGE 31 OF 53 Vice Mayor Eck commented it is about cactus. Councilmember Serdy stated it is already illegal to .destroy cactus. Mayor Insalaco stated there is no enforcement. Vice Mayor Eck commented it is not illegal.They can blade off the lot; they can get a permit but no one comes to look.They have some larger developments coming and they can seesome beautiful, lush, native landscape They would like to see the plants relocated on site or have it planted somewhere in the community.There are volunteer groups that will come and do it for nothing. Councilmember Dietz commented even a nursery will come and take them for nothing. Councilmember Serdy asked if prickly pear are on the list.They are quite abundant and if you water them they will grow like crazy. Vice Mayor Eck commented what brought this about was downtown they bladed it all off, saguaros and everything. Councilmember Barker commented it also adds a nice enforcement section.It provides the Department of Agriculture some enforcement mechanisms and is asking that all communities adopt this.If it is statewide, and everyone has a similar ordinance controlling these, she thinks there will be more adherence to that. Assistant to the City Manager Ruth Giese asked if they wanted her to go ahead and get a co- sponsor and proceed with submitting it by the July 2 deadline. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 32 OF 53 City Clerk Kathleen Connelly stated they do not have to limit it to just one co-sponsor. They can contact Scottsdale and Tucson. Councilmember Dietz commented Scottsdale would be a good one to contact as they already have an ordinance.Oro Valley would be another one.They have a pretty strict ordinance. Vice Mayor Eck commented there are a lot down south; they are way ahead of us. Councilmember Barker commented they also had two other possibilities in this package. They can look at either one.Queen Creek has one. Councilmember Dietz commented he liked Queen Creek's resolution. Councilmember Barker agreed and she wondered if they could do a little trading where we sign onto theirs and they sign onto ours. Vice Mayor Eck commented that could happen.They are suggesting this to the legislature.He does not know how it works, but when this is discussed through the resolutions committee, he assumes they will revise it if they accept it. Councilmember Barker asked what he was talking about. Vice Mayor Eck commented on whether it is ours or whether it is Queen Creek's. Councilmember Barker stated her point is that they need someone to sign on and Queen Creek also needs someone to sign onto theirs. Councilmember Dietz agreed. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 33 OF 53 Vice Mayor Eck stated he understood that.It is just that the resolutions committee may say that they do not like one part but they like another and they may combine the two. Assistant to the City Manager Ruth Giese stated she understands that they can review the initial proposal and ask that it be amended or just be rejected. Councilmember Dietz commented it is quite a process. Vice Mayor Eck commented there are also lobbyists for everything. Councilmember Barker commented her question was if they were also interested in signing on with Queen Creek on theirs. The consensus was they were. Councilmember Dietz commented theirs is really good. City Manager George Hoffman commented the city clerk had raised a good question about the Queen Creek one internally and that is whether or not it applied to community facilities districts.It is a good question; he sent an email to Queen Creek today but has not had a response yet.His assumption is that community facilities districts are creatures of municipal governments and are therefore probably excluded, but we need to affirm that. Councilmember Barker commented it states with little or no input from cities or towns. City Manager George Hoffman stated he thinks they are excluding community facilities districts from their consideration of private utilities.If REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 34 OF 53 they support their resolution tonight, they need to make it clear that your belief is that it does not include community. facilities districts. Vice Mayor Eck commented they must not have community facilities districts in the Town of Queen Creek. Mayor .Insalaco closed the discussion • with no further comments and called for a motion; There was general discussion' on if the .Payson and Queen Creed resolutions would be co- sponsored. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE 2007 LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS:THAT WE SUBMIT THE NATIVE PLANT ORDINANCE TO SCOTTSDALE, ORO VALLEY, AND WHOEVER ELSE STAFF THINKS COULD BE A CO-SPONSOR ON THIS; THAT WE CO-SPONSOR THE TOWN OF PAYSON'S RESOLUTION, AND THAT WE CO- SPONSOR THE TOWN OF QUEEN CREEK'S RESOLUTION AS LONG AS IT DOES• EXCLUDE THE COMMUNITY FACILITIES DISTRICTS. Councilmember Barker SECONDED: THE MOTION. VOTE:5-1 (Councilmember:Serdy voted in opposition.) The motion carried. CARGO CONTAINERS )Councilmember Seversl commented he believed he explained everything last night.He: had some photographs he wanted to show tonight.He also had, some excerpts from the City of Tempe on the way they worded some things and what they allow,He also wanted'to propose some stipulations with what he said last night, regarding things not necessarily being yes or no, but being allowed with stipulations.He showed:part of a citation that was given to,an REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 35 OF 53 Apache .Junction- resident where it said these regulations were designed to insure property is maintained and kept safe within the city.He thinks theex-cargo containers would c:To that; maintain and keep the city safe.They are one of the safest structures and theipurpose is to maintain peoples' lots. Regarding the owner/builder, we do currently allow them for a licensed contractor'while 'building a house or structure in the city.As an owner/builder :one is allowed to build the home, get the permits and do your -own plans.He thinks they should be allowed to use aestorage,facility for the:products -while you are building. Mayor Insalaco commented they could also use their garage. CouncilmeMber Severs. agreed. He statedthe current code was adopted JUne.7, 1988.The city' has grown and changed.He thinks it could -be updated. ViceMayor Eck asked if it had been revised since then. City :Clerk Kathleen Connelly stated it had not. Vice Mayor Eck .commented he thought it had just before he got on the council.Anne Surra was on -the council when it was changed. Councilmember Severs stated it was brought up, but•it -was never changed. Councilmember Barker stated they never voted -on it. Councilmember Severs showed examples of several cargo containers that.have been decommissioned and.were,no longer cargo containers but now termed storage containers or structures.He described the various containers.There were 5 containers on one lot and he REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 36 OF 53 stated that needs to be regulated.They should not be able to have a fence made of storage containers. Councilmember Barker asked what the purpose of that was. Councilmember Severs stated they have a business and they are using them for storage. business is not in the city. he thinks it is on the city line. stated it is west of Meridian. Mayor Insalaco commented that Councilmember Severs stated City Manager George Hoffman Councilmember Severs stated it is just past there.He is using it as an example.The pictures were sent to him and people get confused over where the county line is.He showed one where he would have preferred the items outside be stored in the container. Councilmember Barker stated they evidently did not have any room in that or they are living in it. Councilmember Severs stated it is actually the neighbor's container. Vice Mayor Eck commented it is right on the lot line. Councilmember Severs stated that is correct.It should be within the setbacks and it would be nice to see another one on the neighbor's property with everything in it to maintain the property values and safety.He could not tell on an 8' X 20' if it was an aluminum storage shed or a storage container.He continued to show different REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 37 OF 53 containers.He commented all of these containers are on large lots where people may have horses and feed to keep. Councilmember Wilson had told him they are excellent for feed because rodents cannot get into them.These could be made more aesthetically pleasing.There are different stipulations that could be applied to make this usable.He thinks there is a need for it or there would not be so many in their community.He got the stipulations from the secondary structure ordinance that was passed in March.He listed the eight stipulations.He asked why a container could be used for construction storage during construction but not for personal storage.He asked if it could be allowed if it met all or some of these stipulations.He did not have a picture of one that was already built with a façade. He had a gentleman who was going to come and give a presentation on why people need them and their different uses.Someone who recently had their house flooded in the community has all of their undamaged belongings in a storage container. Councilmember Barker commented there are not so many; there are only 3 per 1,000 parcels.That is not a whole lot.She sees his point and understands what he is saying, but they have a small group of . people who have unknowingly, or knowingly, put illegal containers on their property.Those folks either knew or did not know, though they should definitely know now after all this. She is looking at a trend that scares her.They can have this small percentage, less than 5%, that does this and then says change the ordinance because these three out of one thousand need this.That trend worries her. Councilmember Serdy stated he has a storage container with him today.They are not buildings, they are containers, and he lives in the Royal Palm area with no homeowners association.He has three of them on his driveway right now.(Councilmember Serdy showed an approximate 2' x 3' plastic storage container.)They are used to put shovels and rakes in and are perfectly legal.If it was 8' X 2.0', he asked if it would be illegal.He asked where they would draw the line at what is legal and illegal. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 38 OF 53 Vice Mayor Eck stated he believed it is at over 120 feet. Councilmember Barker commented they are talking specifically about cargo containers, the container specifically a cargo container, not Rubbermaids. Councilmember Severs stated they have been decommissioned and are not cargo containers any more.They have been modified to be used as storage containers. The City of Tempe defines an accessory structure as a structure that exceeds the maximum area or height; it shall be considered an accessory building for the purpose of this code.The maximum height and area that you do not need a permit for is 10' x 12', or 120 sq.ft.Anything over that they call an accessory building for the purpose of their code. Councilmember Barker commented he wants to actually reclassify this particular tontainer and say it is no longer a container but is now a building. Councilmember Severs stated they have already been reclassified. Councilmember Barker commented she is talking about in this city. Councilmember Severs stated it is a storage container. Councilmember Barker commented he wants to reclassify it to a building. Councilmember Severs stated he does not. Vice Mayor Eck commented a storage container cannot be reclassified to a building. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 39 OF 53 Councilmember Severs stated it is not a. building.They are calling -it an .accessory building for the purpose of this code or an accessory :structure. Councilmember Serdy commented that is why he explaineclaast night that there could not be any electricity run:to it and :they cannot live in it. Councilmember Barker stated that is correct; they cannot live in.any storage building. Mayor Insalaco stated they cannot live in any storage building or accessory building. Councilmember Serdy stated they can run electricity to them if they need to work in them. is for a garage. Mayor Insalaco commented that Councilmember Barker agreed. Councilmember Severs stated they do not allow electricity in these.He added they have canvas, structures all over this community.Steel poles with 'canvas over.the:top -.of them which can be taken away by the wind very easily.He considers them a health and safety hazard. They are a fire:hazard. Vice Mayor Eck commented they are not supposed to be in the front yard per the neighborhood preservation ordinance.They were added in to that ordinance. Mayor Insalaco.commented.they use those for covering motor homes and boats.You cannot put a motor homeor a:boat in this container. Councilmember Severs commented they are only 8' wide and 8' tall. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 40:0F'53 Councilmember Barker stated he said last night that they can get them wider than that. Councilmember Severs stated you cannot get them wider; they can only get them 8' wide.Some of them come 9' tall, and they can get them 10', 20', 30' or 40' long. Councilmember Barker commented she misunderstood him.She thought he had said width. She was seeing a mobile home out there with no windows. Mayor Insalaco commented.he has a problem with these popping up all over the city.It will look like -a railroad yard.Although Councilmember Severs: had been talking -about facades and everything else, it still has a - flat roof and it still looks like a boxcar.There are a lot of small retail,and commercial lots, in the downtown area because of what the city was or still is and they need storage area.He could see them if they were contained and screened in the back where they were not -seen from the road or the side neighbors. He could see them in commercialbut residential really bothers - him. Vice Mayor Eck commented he went and talked to the other groups they work with.One was the., Chamber of Commerce.They about rolled over in anger to even think that we would consider them.He asked what they thought if the council considered them in special areas only with proper screening.They were okay with that because they understood the need.He personally thinks in an emergency situation, such as a flood, fire, or even moving, the owner/builder should have the same rights as a licensed contractor as far as the building -of a home.The business group commented they are trying to bring the southwestern look into the beautiful community and the city is going against exactly what the city is telling them they would like them to do.The trend that he has seen in the last 5 years is the twenty- to thirty -year -old mobile home is no longer there.Now they have a $500,000 to $700,000 beautiful custom home on the acre -and -a -quarter, especially on these larger lots. REGULAR MEETING OF THE CITY COUNCIL. JUNE 19,,2007 PAGE 41 OF 53 They do not want to look over on a cargo container.He thinks the cargo containers in those areas is a backward step.The council has done other things to try to assist them like allowing the garage to be built first.Previously you had to have your home built before you could build the garage.Now the garage can be built first and used as a storage facility while they build their home.There is no time frame on that.There are some areas where he thinks they belong, but they are mostly commercial, schools and churches.They still need to be properly screened. Councilmember Severs stated they are still missing the point that the neighbor does not have to look over at a shipping container. Vice Mayor Eck commented that is his opinion. Councilmember Severs stated they can write the ordinance so that they do not look like a shipping container any more.There is a way to have both. People could have the safest and most secure storage there is and it would not have to look like a shipping container.They put stipulations on everything there is.They put 8 stipulations on a metal building.The only difference between this and a metal building is that this is stronger. Vice Mayor Eck commented it is also not considered a building. Councilmember Severs stated that is correct.They could make this look like a storage shed. He has a storage shed on his property that is the ugliest thing anyone has ever seen.He asked if a neighbor would rather look at that or a storage container that has been made to look nice with a façade on it and that is stuccoed to match the house. There are ways to have both. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 42 OF 53 Councilmember Serdy commented these would obviously not work in every area of town, such as his neighborhood.They would only be on horse properties. Vice Mayor Eck commented that is his concern.Not all horse properties are just the old doublewides any more.There are several hundred thousand dollar custom homes.And that is the trend. Councilmember Severs commented he knows of an almost million dollar home in the community that has a storage container next to it. Vice Mayor Eck commented then they are out of compliance, and if he were the neighbor he would be mad as hell. Councilmember Severs commented they have a need for it. Mayor Insalaco commented if they have the money to build that kind of home, they should build a nice storage unit.They could be here all night on this. Councilmember Severs commented he was hoping to have staff draft up a sample ordinance.A sample ordinance change could be written allowing the use of storage containers if certain stipulations were met, for example, facades matching the main dwelling, being aesthetically enhanced, and in the side and rear yards only.If they could write up something like that, it would not be a shipping container. There was general discussion on it being time to.make a motion. Councilmember Severs asked if there was public input on this tonight. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 43 OF 53 City Clerk Kathleen Connelly stated there is not. Councilmember Severs asked when it would come back for public input. City Clerk Kathleen Connelly stated it would have to be in ordinance form to come back for a public hearing. City Attorney Joel Stern stated he could direct staff to create a new ordinance, or define different things he would like in the ordinance and come back on a new date which could be made date specific. Councilmember Severs stated he does not want to do a new ordinance yet.He wanted staff to write up a sample of how this could be made to work so it does not look like a storage container or a shipping container, such as coming up with 8 different stipulations that are met.He does not understand the problem here.If he had the one he wanted in his yard, no one would ever know that it was a shipping container at one time.It would be one of the best- looking storage sheds in the city and it would last forever. Unlike the canvas that blows away and his 10 -year -old wooden shed that is rotting away.He does not understand the difference.They are talking about maintaining property and keeping the city safe; this fits into that description. City Clerk Kathleen Connelly stated the one thing Councilmember Severs put on the overhead referencing keeping the city safe is not part of the original ordinance.She does not know where that came from.She knows what was shown, but apparently somewhere someone added that.If one reads the old minutes, the council's intention was to discontinue the use of them because they considered them to be blight. Councilmember Dietz commented he would hate to see the city go backwards. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 44 OF 53 Mayor Insalaco closed the discussion with no further comments and called for ra motion. Councilmember Severs MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CARGO CONTAINERS:THAT A SAMPLE ORDINANCE CHANGE BE WRITTEN UP ALLOWING THE USE OF STORAGE CONTAINERS IF STIPULATIONS BE MET. EXAMPLE:FACADES MATCHING THE MAIN BUILDING, AESTHETICALLY ENHANCING THEM, AND ONLY PUTTING THEM IN THE SIDE OR REAR YARDS. Councilmember Serdy SECONDED THE MOTION. VOTE:(Mayor Insalaco, Vice Mayor Eck and Councilmember Barker voted in opposition.) The motion failed. Councilmember Barker commented she would not like to see staff spend their time writing. a "sample" at this point; they have so much on their plates right now.If they are -seriously considering a change in the ordinance or writing a new -ordinance, that is different.To write a sample isa waste of theirrtime.That is why she voted rno. Vice Mayor Eck commented he thought Councilmember Severs did a -ton of research and effort and he commended'him -for that.There is just a difference in opinion He added he had a motion. Mayor Insalaco called:for his motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CARGO CONTAINERS:THAT THEY RECOMMEND CHANGES TO ORDINANCE,NO..630 TO ALLOW -THE USE OF SHIPPING/CARGO CONTAINERS ON COMMERCIAL, INDUSTRIAL, PUBLIC AND QUASI -PUBLIC PROPERTIES, SUBJECT TO PROPER SCREENING AND LOCATION REQUIREMENTS; AND, IF NOT IN REGULAR MEETING OF THE CITY COUNCIL JUNE 19; 2007 PAGE 45 OF53: THERE, THAT THE OWNER/BUILDER SHOULD BE IN THERE; AND THAT IT WOULD BE ANY LOCATION FOR A TEMPORARY BASIS. City Attorney Joel Stern asked what he meant by proper screening. Vice Mayor Eck made a new motion, MOVING THAT THE CITY COUNCIL.DIRECT .STAFF TO RECOMMEND_ CHANGES TO ORDINANCE NO..630 TO ALLOW FOR A MAXIMUM OF TWO SHIPPING/CARGO CONTAINERS ON COMMERCIAL, INDUSTRIAL, PUBLIC AND QUASI -PUBLIC PROPERTIES SUBJECT TO SCREENING AND LOCATION REQUIREMENTS, OWNER AND BUILDER SHOULD BE INCLUDED. City Clerk Kathleen Connelly asked what he considered screening, and if it would be chain link. Vice Mayor Eck AMENDED HIS MOTION TO ADD SIMILAR TO A GARBAGE CONTAINER WHERE THERE IS A CEMENT BLOCK WALL AROUND 3 SIDES WITH A GATED FRONT. Councilmember Severs commented the property.maintenance standards do not require.a block wall, just screening so that it is not visible. Vice Mayor Eck commented he would consider this screening to be a block wall around the container unless there is something else that is compatible, but he is not aware of It is the agreement he got from Main Street, the Chamber and the business community.It is not as much as what Councilmember Severs wanted to- get done, but it is some of what he wanted to get accomplished, and he -should commend himself -on that. City Clerk Kathleen Connelly asked if he wanted .them to allow for emergency situations, -such as floods and things like that. Vice Mayor Eck AMENDED HIS MOTION TO ADD .EMERGENCY SITUATIONS -ON -TEMPORARY BASIS WOULD BE REGULAR -MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 46_0F'53 ALLOWED ON ANY LOCATION.He asked if there were setback issues and if there is any other screening allowed other than a masonry block wall. City Clerk Kathleen Connelly asked if he was looking at oleanders. Vice Mayor Eck commented he did not want oleanders. Senior Planner Rudy Esquivias commented they could put language in there to have them comply with accessory building type of setbacks.If they are going with the provision that is very similar to how they treat trash enclosures, then Ordinance No. 940 calls for trash enclosures and possibly storage containers to be screened on 3 sides with a masonry wall at a minimum of 6' in height and that it have a gated front. Vice Mayor Eck commented that is what he is looking for.Councilmember Severs is saying the containers are 8' and an 8' wall would start an engineering issue. Senior Planner Rudy Esquivias stated it could be an engineered wall. Vice Mayor Eck asked if that would bring it to a .higher cost level. Senior Planner Rudy Esquivias stated that would be more than likely. Vice Mayor Eck commented that was not his intent. Councilmember Severs asked if that is for the temporary ones REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 47 OF 53 Vice Mayor Eck stated it could be for the temporary or the permanent. Councilmember Severs stated if they are only allowed for temporary, the people would probably not go through the expense of building an 8' engineered wall. Vice Mayor Eck commented temporary is a side issue; those are only due to an emergency. That is his intent. Building Official Dennis Dixon commented it can easily be a standard, engineered detail for a block wall; they are real common.It is not a big deal. Vice Mayor Eck asked if it is not an additional, huge expense to build a 6' wall. Building Official Dennis Dixon stated it is not. City Clerk Kathleen Connelly asked if he wanted them to be allowed outright or will there be a permit process. Vice Mayor Eck commented he believed there was a -permit process-. Senior Planner Rudy Esquivias stated from the audience that he believed there was. There was general discussion on whether there was a permit process. Building Official -Dennis Dixon stated there would be one for building the wall. Councilmember Dietz asked if there was one for the containers. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 48 OF 53 City Clerk Kathleen Connelly stated there is not one currently and they are not proposing one. Vice Mayor Eck commented because of the screening issue it needs to be required through a permit process.They will need a permit for the wall to screen it properly, but because the container might show up, he AMENDED HIS MOTION TO ADD THROUGH A PERMIT PROCESS. Councilmember Severs stated it would have to go through a permit process to make sure it is within the setbacks in a buildable area. Vice Mayor Eck asked what language was really needed. City Clerk Kathleen Connelly commented in order to confirm that they are within the setbacks, there might need to be a permit process. Vice Mayor Eck agreed. City Clerk Kathleen Connelly asked if these could be placed on vacant lots. Vice Mayor Eck stated they could not. Councilmember Severs asked what would be considered a vacant lot. City Clerk Kathleen Connelly stated it would be .one .on which there is not a business. Councilmember Severs asked what if there is a building permit issued. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 49 OF 53 City_Clerk.aathleen Connelly stated that it would already be covered:under that other section. Vice Mayor Eck stated that would be okay. City Manager George Hoffman asked if there were any other data or policy direction that staff needed from the council in drafting what is being considered. Senior Planner Rudy Esquivias stated he understands that staff is to draft an _ordinance to allow storage containers on commercial, industrial, public and quasi -public properties _subject to location and screening requirements;. to alsO allow them in cases of :emergency for itemporary purposes, along with the provisions the ordinance :already allows. - Vice Mayor EckI commented owner/builder: will be included. :Senior 'Planner. Rudy Esquivias :commented ownerlbuilderNtiill.be includeci:and.:it would be subject ito a simpIe.siteHpIanHreView .process.. 'Vice Mayor Eck, agreed-. •Mayor Insalaco,commentedHthey - mould not need'an:8 _wall fon.temporary -purposes, for a:flOod:or something like that.• :Senior Planner_RUdy Esquivias 'stated they would :not.The ones located1oehind churches or businesseswouldreqUire the waIL Building Official Dennis Dixon asked what time period they would consider reasonable for an emergency. REGULARMEETING'10E -THE CITY COUNCIL_ JUNE I9 2007 . PAGE50:0F53 There wasgeneral discussion on the number ofdays.to be allowed. Vide Mayor Eck AMENDED HIS MOTION: TO READ TEMPORARY STORAGE CONTAINERS MAY BE.ON A PROPERTY DUE TO AN EMERGENCY FOR A MAXIMUM OF 60 DAYS. commented there someone's house rebuild a hbuse Councilmember Severs should be extensions allowed for reasons_If: burns down it may take more than 60 days to Vice Mayor Eck commented if he started up with stipulations he would not know which way to turn. Cbuncilmember Barker :commented when they start building the house, they would be able ,toYhaVe,it .there:anyway -because' that.ielloart of the construction ,process.It is Already -taken care of. City Manager George Hoffman asked when they would'aike to have this back. :next meeting ,did not want them as. soon: motion_ N'ice,14ayor. Eck suggested-the- AvlayorInsalaco commented:he it at the next meeting.: They could get back to. as.they -,can.. He then called.':for -a second tb -the: -Councilmember Severs SECONDED THE MOTION. VOTE:Unanirhous The motion carried. REGULAR: MEETINGOF THE 'CITY COUNCIL JUNE 19 2-007 , PAGE 51:0F 51. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 2, 2007, 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, JULY 3, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:50 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of June 5, 2007. 3. Approval of Award of Bid PW 2007-07:Paving Materials. 4. Approval of Award of Bid to Jillotti Electric Service Co., Inc. for Traffic Signal Maintenance., -5. Approval :of Award of Bid of Contract to Sunland Asphalt. 6. Approval of Resolution No. 07-21:Authority to submit a Transportation Equity Act for 21st Century (TEA -21) Grant Application. 7. Approval of SD -2-06 (Villagio Subdivison):Request for Time Extension to Submit Final Subdivision Plat by Cliff Axt. REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 52 OF 53 8. Consideration of intergovernmental agreement with the State of Arizona (Arizona Department of Revenue) for tax collection purposes. ACCEPTED THIS 17TH DAY OF JULY, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JULY, 2007. ATTEST: KATHLEEN CONNELLY City Clerk HN S. INSALACO Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of June, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of June, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 19, 2007 PAGE 53_OF 53