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HomeMy WebLinkAbout2007-01-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 16, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 16, 2007, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:25 p.m. INVOCATION Councilmember Sippel gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Glenn Walp City Engineer Giao Pham Public Works Director Doug Dobson REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 1 OF 53 Others Present:Assistant Planner Todd Kennedy Captain Tom Kelly Grants Specialist Roger Hacker CDBG Admin. Assistant Melinda Larson Senior Planner Rudy Esquivias Human Resources Director Liz Riley Development Svcs. Manager John Petroff CRU Administrative Asst. Suzanne Strong ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO. 07-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR THE "TERRA MORADO SUBDIVISION", IN CASE PZ-1-06, BY WAYNE BARKER, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding horse property owners.Some of them were legal when they started and have received harassment from code enforcement.He was informed many years ago that horse properties, mobile home owners and older dwellings are targets because they are not the caliber of people the city wants.The horse properties can produce land for apartment dwellings and things like that.He took his investigation to Attorney General Janet Napolitano and the Federal Bureau of REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 2 OF 53 Investigation.They investigated and we got a new city manager and some people were allowed to retire and not be prosecuted because it saved the costs of prosecution.The city is getting close to a recurrence of that.He believes racketeering may be occurring, and one of the prosecutable offenses is intimidation. Another is collusion.Fixing a vote or getting someone to reverse their vote for purposes of helping friends is collusion because the definition in Black's Law Dictionary is still conspiracy and case law still supports conspiracy.Two or three people can get together and talk about research that is being done and then work on it and that it not collusion.Zoning case laws basically say that zoning laws and police powers will not be used to prohibit any reasonable use of property.He had 7 laws in Phoenix declared unconstitutional and void.Apache Junction has a bunch of them that are unconstitutional and void where prosecution has been threatened.If they are overturned as such, the city will have a bunch of laws and lawlessness because they technically do not exist.They would be declared by the courts to be void from the beginning as though they did not exist.They need to get these on the agenda to work on them and get all the laws in order. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He is running for city council.He mentioned a few meetings ago a traffic control signal issue at Superstition Boulevard and Highway 88.He has since found out there is a relatively complex criteria for determining where a signal goes in and a relatively high cost for a traffic control signal.A few days ago he took the exit for Old West Highway from the freeway and came across a flashing red light stop sign.He believes that is what is needed for east/west traffic on Superstition Boulevard at Highway 88.It is less expensive than a traffic control signal and it should greatly enhance the safety of the intersection.When a traffic control signal is put in later, it can be recycled and put at another relatively dangerous intersection.It should make them slow down and be cautious at the intersection and prevent some fatality or near fatality accidents there. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 . PAGE 3 OF 53 Mr. Charles Bunten, 1028 N. Starr Road, Apache Junction, addressed the council.He stated he was a federal aviation inspector for over 19 years and developed an awareness to detect and identify potential causes for nonconformity within a process.If it is suspect it requires additional research and investigation.He reviewed the audio/video minutes of the December 5, 2006 council meeting that had to do with Ordinance No. 1283, the rezoning.During his review he was surprised to note that there were so few requests for in depth information prior to the vote.He then reviewed the video minutes of the special reconsideration meeting on December 29, 2006.He was astounded to see what valid quality questions council members raised during the reconsideration.He questioned what generated all the valid questions and challenges by the council during the special meeting and should those same questions and challenges have been raised prior to the acceptance of the ordinance during its original presentation.He thinks when an official is elected as a representative, he or she should vote on any subject with honesty, integrity, accuracy and objectivity and that the decisions made on the citizens' behalf be based on judicious consideration. Mr. Dan Wald, 560 N. Rennick, Apache Junction, addressed the council regarding school zone speed controls.He congratulated the council and the city for putting in a traffic control signal at San Marcos and Broadway two years after he requested it.He is still waiting for the traffic control signal at San Marcos and Southern.He commended the city for putting in the signs telling one how fast they are going up and down Ironwood in front of the high school and in other areas.He recommended the city consider putting in speed bumps around all of the grade schools.He has traveled to Chandler and other east valley schools that have done that.If someone tries to take those bumps at 20 miles per hour they may as well go and get their car realigned.It will not work very well after that is done.He has seen a lot of people go through the 15 miles per hour school zones at 30 to 35 miles per hour.There are not enough people on the police force to monitor it daily.He does not believe they will be needed if speed bumps are put in.He commended the REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 4 OF 53 police department for what they have done.He is also running for city council. Ms. Paula Cochrane, 2232 S. Sorrelle, Mesa, addressed the council to read her father's letter regarding the zoning reconsideration for Value Place.She stated he is the owner of the Tomahawk and US 60 property.The zoning for the new hotel was approved on December 5, 2006, in accordance with a pre- annexation and economic development agreement they had signed initiated by Mayor Coleman for the purpose of getting the property into the city.To their surprise and against everything the mayor had agreed to, the city council called another meeting in regards to misunderstandings about the sign. The meeting was actually called to reverse the zoning.Prior to the reconsideration meeting they met with the mayor in his office wherein he stated he had called Richard Dietz to ask him to change his vote and ask for a reconsideration.He then said it was a political move.The Apache Junction Chamber of Commerce provided lots of data that stated the city turns away several hundred people each year because of only having 100 hotel rooms in the city.It was also stated 3 to 5 visitors per week request extended stay hotels.She asked how the mayor's brand of politics serves the city and its citizens who entrusted the mayor to make decisions in their best interest.Rumors about developers investigating this property since its reversal are untrue.They have received one call from a real estate agent about a family entertainment park and one from a company selling franchises for another extended stay hotel.The council would do well to call another meeting, approve the zoning, avoid further scrutiny and suspicion and put the best interests of the city over personal agendas. Dave Burden, 4699 S. Strike Rich Drive, Gold Canyon, addressed the council regarding the Business and Property Owners Network. He stated he was there to introduce his group.Their mission statement states they are business owners, property owners and interested individuals that wish to create an open and free dialogue regarding issues of importance to the community of Apache Junction.The group represents about $180 million in investments in the city and approximately 250 jobs.They want REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 5 OF 53 to help the city do the right thing and support them when they make good decisions.Tonight they are here to support moving the downtown development agreement ahead.It is very important and is vital to the life of downtown Apache Junction to stop the development along the freeway from sucking the life out of downtown Apache Junction.A vital downtown is important to a healthy city.They commend the city's efforts in getting this agreement done. Chief Glenn Walp, 300 E. Superstition Boulevard, Apache Junction, addressed the council to introduce a new employee.He stated the new captain assigned to criminal investigations is Tom Kelly from Lakeville, Minnesota.He holds a bachelor's degree in social justice from Louis University in Illinois, is a 22 year veteran of the Drug Enforcement Agency and most recently the special agent in charge of the Minneapolis -St. Paul district office.Special assignments included providing security for President Gerald Ford and Henry Kissinger.He is a certified instructor at the University of Illinois, Northwestern Traffic Institute.Special skills include financial investigations, electronic surveillance, intelligence, analysis, diplomatic liaison, and fiscal responsibility.He has directed multi- agency task forces that involved law enforcement and community agencies interphasing with representatives across the globe that included Japan, Australia and Guam.He is married with two daughters, one in college and one working in the force in Chicago, and his parents have resided in Gold Canyon for 16 years. Mr. Tom Kelly stated he is here to be given the chance to see what he can do with the city.He has had 34 years of law enforcement experience and he will do the best job that he can. He has a vested interest in the area as his parents have been longtime residents. Debra McDonald, 646 W. 17th Avenue, Apache Junction, addressed the council regarding Shoppers Paradise.She stated she was there on behalf of the Apache Junction citizens who are involved with Mel White and Shoppers Paradise.The vendors of Shoppers Paradise have not received their refunds.They have not been REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 6 OF 53 paid back for money given to Mel White for a place in Shoppers Paradise.She asked for some help from the city.Charges have been filed at the police station against Mel White.Some vendors have not been allowed to file charges because they are misdemeanors; they are under the amount allowed by law for a felony.They would like the council to ask the city attorney and district attorney to investigate the matter.There are 180 vendors ranging between $100 to $300 per space.They had all put out advertising for Shoppers Paradise for help.They have lost money people who did he own discovered contract. when there this money waiting for it to open.He has taken money from believed in him; he had no lease on the building nor it.She spoke to the California leasing company and he had no lease with them when she signed her She asked how he could accept money from retailers is no lease or ownership.He should be made to pay back.She asked the police department to give them a helping hand. Mr. Chip Wilson, 128 S. Starr Road, Apache Junction, addressed the council regarding the Black Stallion Project and notices of violation to stables by code enforcement.He stated they will be doing the first touch of the Black Stallion Literacy Project with Desert Vista School on February 24 between 8:30 and 11:00. Council members and city representatives are encouraged to come out.The second touch will be February 15 from 8:30 to about 1:30 and they will partner with parks and recreation to cover the eastern valley for schools from Queen Creek, charter schools in Gilbert and Desert Vista schools for a total of about 500 kids.The facilities will be the rodeo grounds.The children will get the chance to be given the book to keep, read their favorite part to a horse, and learn a little bit about horse activities.He invited them all out.It is an exciting event for the children.He commented notices have been sent out from the city to stable owners.Since the city has no definitions for what it calls stabling facilities, whether or not it is business -licensed for an operation, the city should stop the actions and put together a task force of stable owners, council and staff to sit down and come up with a good definition to resolve the issue. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 7 OF 53 Ms. Melinda Larson, 300 E. Superstition Boulevard, Apache Junction, addressed the council on behalf of Habitat for Humanity.She was asked by them to present shirts to the council members and mayor for all their support and help during the recent Builder's Blitz and their support for bringing Habitat for Humanity to the city. Mrs. Robin Barker, 860 N. Saguaro, Apache Junction, addressed the council on behalf of the Apache Junction News.For the past 10 years they have sponsored a Citizen of the Year award for service to the community.It is presented to an individual who has helped Apache Junction be a better place to live, work and play.This year's selection has spent most of his adult life living, working and playing in the city.He has mentored our children and has been a long time leader in our community. Under his leadership, the city has become known as a positive force to be reckoned with in the state.She presented the 2006 award to Mayor Doug Coleman. Mayor Coleman stated regarding the pre -annexation agreement that was initiated by Mayor Coleman, the mayor does not initiate pre- annexation agreements nor can he approve them by himself.The mayor does sign it as the representative of the council.He did call Councilmember Dietz to ask him not to change his vote, but to ask if he felt comfortable with his vote and if he would like to reconsider.Councilmember Dietz did not answer the phone so a message was left.The reason he asked him that was that after the initial meeting wherein there was a 4-3 vote in favor of the rezoning he had several citizens approach him to ask if there was anything they could do.There are two options:start a referral process and place the rezoning on the ballot or a member of the majority must ask for it to be reconsidered and then it can be reconsidered.Mr. Dietz had voted with the majority at the first meeting and that is why he called him and asked him if he felt like he could do that.He understood that Mr. Dietz had already made that call to have it reconsidered on his own by the time he made his call to Mr. Dietz. Councilmember Dietz commented he had talked to the city manager probably an hour before he received his call. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 8 OF 53 Mayor Coleman stated they are working very hard to try to get a downtown agreement together.The developers have certain risks that they are willing to accept and certain parameters that they would like to work from.The city also has certain parameters that we would like to work from.He does not believe the council would be wise to write a blank check and not protect the city's interest.There could have been a development agreement a year ago if they had agreed to everything the city wanted. They are working diligently; they have not called it off or put it on hold.They are trying hard to get this in place.They understand the concern of the property owners and the desire of the entire community to see the area redeveloped.It is why they pushed for and created the redevelopment district in the downtown area.He initially contacted Mr. Steve Nielson and Dave Fackler, who are now a part of this team, to see if they would be interested in serving as city consultants in redeveloping the downtown project.They were planners at Tempe when Mill Avenue was being redeveloped.After they came in and saw the tools Apache Junction had in place, they became very interested in working on the development side and told the city they would not act as consultants as they were interested in forming a partnership in creating and working on the development side.There have been frustrations on both side.The council hopes they will be patient as they try to protect the city interests and the responsibility that goes along with putting together this agreement.He asked the city attorney if there is something they could do to help those that were involved with Shoppers Paradise. City Attorney Joel Stern stated this is not the time to discuss the issue.It would have to be a discussion item.He has listened to the comments and he will consult with the police chief on any ongoing investigation.He will also consult with the county attorney's office. Mayor Coleman commented he saw the article in the paper and he would like to see whatever can be done in that direction. Councilmember Insalaco commented Highway 88 is a state highway. We have no control over putting up a signal light at the REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 9 OF 53 intersection of Highway 88 and Superstition.It is not up to the city to put a traffic signal there. Vice Mayor Eck asked if that intersection was not on our list for a future signal. City Attorney Joel Stern stated they are getting beyond the open meeting law.They should probably have an item session on this three weeks from now. Vice Mayor Eck commented he believes that intersection is on a list of priorities that we have for the future.There are many problems because of the 33 degree angle.It has to be straightened out before a light can even be put in.He added Mr. Bunten asked some questions about the development at Tomahawk and stated that it seemed like there was more discussion at the December 29 meeting.He thinks a lot of that has to do with more communication because county islands surround that property.Only citizens that live within 300' are actually physically notified of what is going on there.So either they see a sign, catch a newspaper or there was word of mouth circulated by then and they received more information by the time they had the later meeting.The school zone issues have been talked about; Councilmember Sippel brought up speed control issues within the past year.The city has placed control lights in several school zones now.They have a policy of a speed hump that has never been used and they thought they would try the light system first.They have also looked at photo radar.The Tomahawk issue has been reconsidered and he does not believe they can call a third meeting on an item.He asked the city attorney. City Attorney Joel Stern stated he is getting into a legal issue he would rather not discuss. Vice Mayor Eck commented he discussed the stable issue with the city manager today and determined there would be no action taking place with the stable owners until there was an adequate process looked into. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 10 OF 53 City Manager George Hoffman stated he anticipates saying something on the issue in his report. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he attended the Governor's State of the State Message to Pinal County on January 10.Two important points were brought out.Anyone interested in education who saw her budget released last Friday must be happy as it has a very strong emphasis.The other thing is she directed State Land not to move to market any land identified in Proposition 106 as conservation land.They cannot move it to market until they check with the nearest local jurisdiction.It is unfortunate that the proposition was defeated because there were state land reform issues involved with that; this is her way of protecting the 700,000 acres across the state.A large chunk of it is out by Gold Canyon. Vice Mayor Eck commented he looked at the Builders' Blitz.He saw Councilmembers Waldron and Insalaco there.He stayed at his house because there were too many people.It was incredible with all of the volunteers putting those houses together for those people.It is a wonderful thing for the community. Councilmember Waldron commented there was a kick-off Monday morning at 7:30 and it felt below zero that morning as it was freezing.They built 3 houses in one week; Blandford Homes built one house in 26 hours as they were that well organized. The dedication of those houses was Saturday.It was again a cold day.It was a very good ceremony with little symbolisms for the people getting these homes.The new homeowners are the happiest people in the world.They have now come to the city as homeowners and Habitat has not had one foreclosure on any of their properties.It is a very good subdivision and a very good group of new citizens. Councilmember Insalaco stated while he and Councilmember Waldron were sucking up coffee the walls and roof were up in about an hour and fifteen minutes. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 11 OF 53 City Manager George Hoffman congratulated the mayor on his award and stated it is a wonderful honor and distinction.In regards to the matter articulated by Mr. Benoist and Mr. Wilson, it has come to his attention and it will be addressed.He also wanted to affirm that even though State Route 88 is a state highway, the city did initiate a traffic study and they are working on it with the intent of forwarding the data to the state department with the understanding that it is their highway. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR CHEVRON FOOD MART )City Clerk Kathleen Connelly briefed the council on the item.She stated this is located on South Goldfield.It is coming about because of a change in management.Notices were sent to planning, the fire district and the police department and all responded positively for this liquor license.The applicant has been notified of tonight's public hearing in the event the council should have any questions.The overall recommendation is for approval. Mayor Coleman requested the applicant address the council. Mr. Paramjit Nagra, 3265 S. Goldfield Road, Apache Junction, addressed the council.He stated he is the owner. Mayor Coleman called for any questions.He thanked the applicant for being there in the event there had been any questions.He then opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 12 OF 53 CORPORATION, SERIES 10 LIQUOR LICENSE FOR CHEVRON FOOD MART SUBMITTED BY PARAMJIT NAGRA BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 23- 25, 2007 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is the portion of the event that will be held at the rodeo grounds. We have received no objections from people at staff level.The applicant has been notified of tonight's hearing in the event of questions by the council. Mayor Coleman requested the applicant address the council. Mr. Ronald Knies, 11561 E. Kiva, Mesa, addressed the council to answer any questions. Vice Mayor Eck commented if he is with the rodeo he is with everything.He knows he will work hard. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Sippel MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 13 OF 53 SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 23-25, 2007, SUBMITTED BY RONALD H. KNIES BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR QUIKTRIP #437 )City Clerk Kathleen Connelly briefed the council on the item.She stated this is for a site that has yet to be developed.The QuikTrip is proposed for the southeast corner of Idaho Road and Old West Highway.Because it is vacant land, it was difficult in some areas to get any approval or disapproval on it.The applicant has been asked to be present this evening.There were no objections from those people who looked at the site. Mayor Coleman requested the applicant address the council. Mr. Craig Boswell, 1116 E. Broadway Road, Tempe, addressed the council to answer questions. He stated he would be glad to tell them about QuikTrip if they are not familiar with it. Councilmember Insalaco asked if this is on the site of the old Chevron station. Mr. Craig Boswell stated it is not.There is presently a doctor's office on the site they are looking at. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 14 OF 53 Vice Mayor Eck commented he is happy to see them there.He has been in QuikTrips and they are very elite convenience stores. Mayor Coleman asked if this is to serve the college students next door. Vice Mayor Eck commented and the lake goers. Mr. Craig Boswell stated it will also be for people heading to the lake and local residents; they will welcome everybody. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing.He asked if this procedure is normal for an establishment going in. City Clerk Kathleen Connelly stated it is not unusual.It has happened several times over the years.Safeway was one location where we got the application for a liquor license before there was anything there.It is not uncommon for it to happen. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR QUIKTRIP #437 SUBMITTED BY KELLY PAUL VAUGHAN BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 15 OF 53 ORDINANCE NO. 1279, AM -1-06, CITY- INITIATED TEXT AMENDMENT REVISION TO SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE UNITS Kennedy briefed the council on the initiated by a private citizen and commission gave direction to staff ordinance.It has been before the September 26, 2006, the commission ) )Assistant Planner Todd item.He stated the case was the planning and zoning to clarify and strengthen the commission several times.On voted unanimously in recommendation to council approval.The case was originally presented to the council on October 17, 2006.The size and height of accessory buildings need to be regulated. Large sizes can have a negative impact on the property it sits on and the neighboring properties as well.Currently the ordinance reads that no accessory buildings shall be constructed on a lot unless the construction of the main building has been completed.Pre- existing accessory buildings are permitted.During discussions staff proposed that no accessory buildings shall be constructed on a lot unless the construction of the main building has been commenced/applied for.Another option is an accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing goods, building materials and things like that.This option is already permitted under Ordinance No. 630 which pertains to cargo containers. Councilmember Severs asked if he had Ordinance No. 630 with him. Councilmember Dietz commented he will be building on 1.25 acres soon and he wanted to build a 20'x 60' accessory building on it before he built the home on it to store all the household goods.He does not want a storage container.He wants his shop to be built at the back of the acreage.He asked if that would be under option two. Assistant Planner Todd Kennedy stated it really depends on the zoning in this case.He will be able to show by the zoning a few slides down that this REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 16 OF 53 ordinance pertains to just the residential and commercial districts only.If he is zoned GR, it is up to its own requirements. Councilmember Dietz stated it is GR. Assistant Planner Todd Kennedy stated it would be up to the GR's individual requirements. Vice Mayor Eck commented this would be for R1-43 and industrial. Assistant Planner Todd Kennedy stated that is correct, as well as a few other business districts. Councilmember Waldron stated there is a copy of Ordinance No. 630 in section 12 of the packet. Senior Planner Rudy Esquivias showed them Ordinance No. 630 which talks about the permitted uses of shipping containers.Duly licensed and bonded contractors may utilize shipping containers for the temporary housing of equipment and materials during the construction of a specific site providing such construction is authorized by a valid city builder permit.In response to Councilmember Dietz' question, currently the way the ordinance is written he could not do that.He believes the intent was to preclude residential properties from being used as storage properties for an indefinite amount of time.Residential properties are not storage properties.Normally you have to have a home at least permitted and under construction before accessory buildings are permitted.After all, they are accessory buildings. Councilmember Dietz commented it is a shop.A back building that is the same design and same thing as the house.He does not see why anyone, not just him, REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 17 OF 53 could not do that to store everything that they need, the building materials along with their household goods, instead of going out and getting a storage room on top of either renting a place to live or the months that they will be out while they are building.Or buying an RV or whatever to put on the property temporarily. Mayor Coleman stated they have had problems in the past.He remembered when he first came on the council they had a gentleman who came out here and on a piece of property he built a storage room and he brought his pit bulls out.He had no intention of building on the place, just putting up an auxiliary building.He would come out in the morning and evening to feed his pit bulls and they would terrorize the neighborhood the rest of the time.It looked funky and was a storage room on the lot with nothing else going on. Councilmember Dietz commented they could present a site plan with the new home and the storage building.Everything is brought in at the same time.The storage building, or work shop, is built first to contain all of his supplies, building materials and household items. Vice Mayor Eck commented it could also be built in the same type of manner as the home.If both of them are Santa Fe, you would not now which one was completed first.He thinks of the second building as a garage. He kept all of his power tools in his garage when he built his home.It looks good now and the garage looked good when he first built it.His concern was being able to have a place to store his tools on site. Councilmember Dietz asked if there could be a provision for a case where someone wanted to do that.They must show a site plan with a home and a workshop under option 2. Senior Planner Rudy Esquivias stated he could possibly go with the first sentence in option 2. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 18 OF 53 He might want to put a limit on how soon he needs to build a house or in conjunction with a home permit.It might be one way of addressing it. Councilmember Dietz commented any kind of wording or language that is in conjunction with someone building a home. Vice Mayor Eck asked what the average is for a home to be built. Senior Planner Rudy Esquivias stated every permit is for 6 months. Vice Mayor Eck commented they would want to put in some type of time frame for something like this. Mayor Coleman stated he would think it would be for as soon as the building permit was issued. Senior Planner Rudy Esquivias stated the applicant has 6 months to request their first inspection once the building permit is issued.Once an inspection has been made, the permit is automatically renewed for another 6 months.Most people would like to have their homes constructed as soon as possible.On the other hand, some people can see these as projects and can take years to build it. It depends on individual needs. Vice Mayor Eck commented he thinks they should do a 6 month maximum for this additional building.They should be on the way with their house 6 months after the additional building is completed.He believes that should be adequate and that 6 months should be enough time to build an accessory building. City Attorney Joel Stern stated they must think about enforcement if they are going to do it, about what will happen if they did not get it done. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 19 OF 53 Vice Mayor Eck commented he does not think about enforcement any more in the city. City Attorney Joel Stern asked if they would want the city attorney to get an injunction against the person to tear it down.Some cities do that, but it is a political decision.They do need to think about the enforcement if they do put a deadline on it. Councilmember Severs stated whatever they do it needs to be flexible for the person building the home.If they say 6 months and 4 months into the project the man has a heart attack and is not able to build the home, there need to be extensions that can be applied for and reasons that would call for that. Councilmember Dietz commented he believes they already have that.It is based on the determination of the development services director.He can extend it 90 days or 6 months now. Senior Planner Rudy Esquivias stated he believes the building official has some discretion on extension of permits, but he is not sure what it is. Vice Mayor Eck commented he was thinking of some compromise and creating a date and time frame with saying that is the deadline.As far as enforcement, he believes they normally have about 98% enforcement.If they start having a huge problem with this they 'could come back and revise it.He does not see it abused.This is the person who buys the $200,000 or $300,000 lot up by the mountain and they are building their dream home.They will build their garage first to put their stuff in it and have the home follow.He could be wrong, but that is how he is looking at it.He would like them to come up with a compromise on the time frame and go with it. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 20 OF 53 Councilmember Waldron suggested they just stay with the permit process at every 6 months. Assistant Planner Todd Kennedy stated they can go ahead and make the 6 month recommendation.The current language in Ordinance No. 1279 for Section 6.0116 reads that accessory buildings are permitted in the rear yard in the buildable area in a residential or commercial zone.They shall be no larger than 75% of the existing square footage or 600', whichever is greater.It is on a case by case basis.This was also brought up be Councilmember Severs.It was left open for discussion as it varies from case to case. Councilmember Waldron stated 75% to him is a lot because in a 5,000 sq.ft. building that is 3,750 sq.ft.He thinks that is very large for a garage.If they go with 35%, it would be 1,750 sq.ft.That is more than adequate.He thinks 75% is way too high. Councilmember Severs commented he is concerned about the person who lives in a single wide mobile home and they have a $200,000 motor home, backhoe, a trailer and a dump truck and they want a garage.They should be able to house their items in a garage even if it is bigger than their house.They just went through the property maintenance standards where they do not want people storing things outside. They want them stored, fenced or in the garage.They need to be able to give people enough size to do that. Assistant Planner Todd Kennedy stated any deviation from the requirements would require a conditional use permit.That is one of the options.There is also the lot size as a factor.It is one of those complicated issues.In order for them to have detail for the response, they can go ahead and look at it and get back to them with a response at a later time. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 21 OF 53 Councilmember Sippel asked what the normal size is for a 2 -car garage. Vice Mayor Eck commented it would be 24 squared, or about 600 square feet. Councilmember Sippel stated that is a lot of stuff. Councilmember Waldron commented it is three times the size of a normal garage, and that is pretty big. Mayor Coleman stated it is whichever is greater so 600 sq.ft. is greater. Councilmember Sippel stated it is whichever is greater. Councilmember Waldron commented if the structure is 5,000 sq.ft., they would be allowed up to 3,750 sq.ft.It is whichever is greater. Councilmember Severs asked what if the structure is really small. Councilmember Waldron stated they would be limited to 600 sq.ft. or they go for a conditional use permit. Councilmember Sippel stated that is correct.They could build a 4 car garage then. Mayor Coleman commented they could also build it attached. Assistant Planner Todd Kennedy stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 22 OF 53 Councilmember Sippel commented they are not saying someone cannot do it, they just need to get a conditional use permit or attach it to the building.Detached, it cannot be any larger than 600 feet. thinks it is a fair argument to say that 75% is too big. Mayor Coleman asked what the standard is now. Senior Planner Rudy Esquivias stated it is basically maximum lot coverage requirements and setback requirements.On the larger properties like GR, which is typically 1.25 acre lot size minimum, they are allowed up to 1/3 coverage.If they have 43,000 sq.ft., than roughly 15,000 sq.ft. can be covered by a main building and accessory buildings.It varies from property to property.The typical garage is between 400 sq.ft. to 600 sq.ft.In cases where extra accessory buildings are built, such as barns, workshops and RV garages, that could increase quite a bit depending on the size of the property.They are limited by the size of the property, not any set formula.This ordinance does contain an opportunity for those people who want to deviate from the provisions of the ordinance to apply for a conditional use permit and, if they do so, there are conditions staff can attach that basically have to do with making the building as nice as possible.If someone wants to do something extra large, it can be done and there is a process, but the city will probably be asking for extra design considerations. Councilmember Sippel asked if he knew what percentage other communities use. Assistant Planner Todd Kennedy stated they got the 75% from either Phoenix or Tempe. He believes Tempe has either 60% or a little larger.He does not have any specifics with him. Councilmember Sippel asked if he researched many communities or just a few. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 23 OF 53 Assistant Planner Todd Kennedy stated he researched several cities across the valley, Flagstaff, and a couple of cities out of state. Councilmember Sippel commented it would be good to know what the percentages are. Councilmember Waldron commented Tempe is landlocked so that is probably all that they can build on. Councilmember Dietz commented he would like to see at least 50%. Councilmember Sippel stated he would agree to that, but 75% is so much. Assistant Planner Todd Kennedy stated Councilmember Severs had brought up section 6.0116.5, setbacks required for accessory buildings that house poultry or small animals.He believes there should also be setbacks for a horse corral which is potentially more dangerous. However, this deviates from this study.Staff suggests if council wants to create a setback it would have to be done through another study or new case as it involves fences.Horse corrals can go all the way to the back fence of a property line. An accessory building for small animals has its own setback requirements involved.Councilmember Waldron suggested changes to section 6.0116.1(D) that would delete the phrase. Councilmember Waldron stated it already reads it cannot be done.It is redundant and repetitive. Councilmember Dietz commented he would like to live in his temporary building while his house is being built. Councilmember Sippel commented it already states you cannot. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 24 OF 53 Councilmember Severs commented that needs to be changed as well.A garage can be built in 2 to 3 weeks.They could live in the garage while building the home. Councilmember Sippel disagreed. Councilmember Severs commented it would look a lot better on a property than another travel trailer. Councilmember Sippel commented they know that the travel trailer is temporary. Councilmember Severs stated the garage is not temporary.It will stay as a garage after the home is finished. Councilmember Sippel stated that is the point; if the home is finished. Councilmember Severs commented people would not like to live in a garage forever with a half -built home.It would be more practical for someone to live in their garage while they are building their home than allowing them to live in a travel trailer during that time. Councilmember Sippel stated this is one issue they will not agree on. Mayor Coleman commented he believes it would be something they would find difficult to enforce. Councilmember Severs stated they should be able to. Assistant Planner Todd Kennedy stated Vice Mayor Eck had brought up a point about the REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 25 OF 53 different zoning districts.It is not applicable to the GR zone in this case.Other districts that have their own accessory building requirements include TR, CB -1, CB -2, CI -1 and CI -2. This section would pertain to all the other zones. Vice Mayor Eck asked if this would primarily pertain to R1-43. Assistant Planner Todd Kennedy stated that is correct. Vice Mayor Eck commented he originally thought GR when they started talking about this. Senior Planner Rudy Esquivias stated this pertains to R-143, CR-1, CR-2, CR-3, R1-8, and R1- MH. Vice Mayor Eck asked what CI- 1 and CI -2 are basically. Senior Planner Rudy Esquivias stated they are the industrial zones and they have their own accessory building regulations.The GR zone also has its own accessory building regulations.Zoning districts that do not have their own accessory building regulations would have this code change applicable to them. Councilmember Severs stated the GR zone already has its own regulations. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs asked how similar they are to the changes they are making right now. Senior Planner Rudy Esquivias stated some parts are similar and some are not. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 26 OF 53 Councilmember Severs commented they will have to go through the GR ordinance and modify it to make it more user friendly. Senior Planner Rudy Esquivias stated they left GR completely alone for specific reasons. Councilmember Severs asked if GR is large lots. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Eck commented they are 1.25 acre minimum.They have a lot of rules on them. Councilmember Dietz asked if he was looking up the regulations on a GR lot. Senior Planner Rudy Esquivias stated the accessory building regulations on a GR lot are the permanent coverage shall be no more than one-third of total area of rear and side yards, maximum height 20 feet, minimum distance from the main building is 7 feet and the minimum distance from the front property line is 60 feet.For a typical 1.25 acre lot, the minimum distance side and rear is 4 feet, and if the building is not usable for animals it is 15 feet.It is 4 feet if used for poultry and small animals and 50 feet if used for livestock.Barns and stables are required to be 50 feet from the property line. Councilmember Sippel commented that essentially, with their being allowed one-third, they could cover 11,000 sq.ft. Senior Planner Rudy Esquivias stated that is correct. Councilmember ,Sippel stated that is for the house and accessory buildings. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 27 OF 53 Senior Planner Rudy Esquivias stated it could also consist of several buildings, including a tack shed, barn, workshop and garage. Councilmember Sippel commented he is just saying there is a lot of coverage that could already be done in the current language. Senior Planner Rudy Esquivias stated that is correct for the GR zone.It is pretty liberal in regards to accessory buildings. Councilmember Severs commented in GR they can do the one-third total coverage but in R-143 they cannot. Senior Planner Rudy Esquivias stated that is correct.The R1-43 zone is our most restrictive. Councilmember Severs asked if they can build an accessory building in a GR zone without the main structure being built. Senior Planner Rudy Esquivias stated the GR zone allows a stand no more than 200 sq.ft. in area for the sale of products grown and produced on the premises, he would interpret it to mean that there could be other uses without the establishment of a main principal residence use.It allows the raising and grazing of livestock and horses without the presence of a residential building.It is an agricultural and horticultural type of zoning district where a main residence does not need to be established first. City Clerk Kathleen Connelly requested he look at number H. Senior Planner Rudy Esquivias stated it is for accessory building or use, home occupation, housing for seasonal farm labor and private stables, and they REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 28 OF 53 are outright permitted uses in addition to a single family dwelling, conventional or manufactured home. Vice Mayor Eck commented the only disagreement he is hearing is the percentage on R1-43 as to whether it should be 50% or 75%. Councilmember Sippel commented he does not believe they should be able to live in the structure so there is a disagreement there. Councilmember Dietz asked if they can live in an RV on site in R1-43 as long as the premises are being built. stated that is correct. one could do that in GR. stated they could. Senior Planner Rudy Esquivias Councilmember Severs asked if Senior Planner Rudy Esquivias Councilmember Severs asked if someone could live in the garage in either one of them. Senior Planner Rudy Esquivias stated they could not.The garage would have to be constructed as a residence.It would have to have sanitary facilities, sewage facilities and cooking facilities.They would in effect be building a house first to build another house. Vice Mayor Eck commented if they had to go over 50% they could go to a conditional use permit if necessary and work out some design review or something. Councilmember Insalaco commented they do have chances to get the 75%. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 29 OF 53 Councilmember Sippel asked if he wanted someone to be able to live in the structure as well or was he just worried about size. Councilmember Dietz stated it would be convenient for him to be able to live in the shop while he built his house but he can understand the regulations. Vice Mayor Eck commented he is going to buy a travel trailer so he is okay. Councilmember Severs commented if he is going to build a garage it will already have electricity and a lot of people have air conditioning and heating in their garages. Councilmember Sippel commented he does not know of a lot of people that have that. Councilmember Severs stated some people have a garage with a bathroom in it if they are using it as a workshop.There is no reason why they could not throw a couple of divider walls and a bedroom in there. Councilmember Sippel commented they could vote on that and see. Councilmember Severs stated they should be able to live in the garage while they are building their house instead of having to bring another trailer onto the property.It seems to make sense and it is more convenient for the person who may need to do that. Councilmember Sippel commented that they could vote on that and see what happens. Mayor Coleman stated his concern is enforcement.He does not know how they could tell when they move out.He does not see it happening. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 30 OF 53 Vice Mayor Eck commented they would have to wait for the neighbor to call. Councilmember Dietz commented it is the enforcement that he would worry about, even though he would like to do it.He would not be there very long, but it would be tough to enforce.He can see where someone could take advantage of it. Vice Mayor Eck commented he thinks they got some things accomplished here and they need to move forward on what they got accomplished. Mayor Coleman opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He stated in the South the antebellum homes are a situation where a home was built before they built the home.The old homes that were annexed, the small home in the back was actually built first for the supplies and the construction materials to build the larger antebellum home.It then became the slave or farm worker quarters.The supplies were also kept there so the main house could be neat.It is probably an archaic concept and most of the homes were no massive rural properties.He would fall on the side of not allowing people to build a garage into a home before building another home.He added that along the Colorado River in the Lake Havasu area people are building houses with the garages large enough to have the supersize motorhomes and those garages are at least 50% of the house.He has seen that but he does not know if they have gotten conditional use permits.They are close together on the Colorado River.They are not size -wise general rural properties.He does not know if this would apply to Apache Junction.He is on the planning and zoning commission and was thinking it would not be a great idea to have the accessory building substantially much, much larger than the house, especially if it is detached and inside the smaller residential areas of the city.The other neighbors may be concerned about it. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 31 OF 53 Mr. Chip Wilson, 128 S. Starr Road, Apache Junction, addressed the council.He stated he lives in GR and he knows several people in R1-43.He stated accessory buildings in GR can total to one third.He commented if they have a tack room, barn and enclosed mare motel they can exceed 50% very quickly to include the garage.That would include having a 600 sq.ft. garage.The mare motel would be even bigger depending on the amount of animals that are kept, the hay and the hay that is kept.He currently has a hay shed that is close to that size.He goes through a lot of hay.That has to be taken into account on these R1-43 lots.They will have people that will be coming in to apply for permits for exceptions.He asked why they are trying to generate more money this way. Vice Mayor Eck commented 75% would be more what these people would need. Mr. Chip Wilson stated that is correct.That is his opinion.There is a lot of R1-43 that have horses and they have some fantastic homes, good-looking 2- car garages and outbuildings that include tack rooms and barns. He asked that they be taken into consideration. Mr. Noel Benoist, 900 N. San Marcos, Apache Junction, addressed the council.He stated this is a prime example of what has been going on that gets everything in trouble.They are attempting to put something in when they also have 5 acre and maybe 10 acre parcels.There is grandfathered use out there and it is not being taken into account.Some of these people helped build Apache Junction. There could be construction equipment out there that they want to keep safe from vandals; if a battery gets stolen from one of them it is $400 to $500.They need a large shed or something to put it in.They have to realize when they put these laws together that every piece of property may not be a small piece of property.They are requiring people to put things away so that it will not be unsightly from the street, and then limit what they can put away.It is creating a problem instead of solving one.They have to instill exceptions like having a REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 32 OF 53 couple of horses with 1.25 acres and more horses or boarders if they have 5 acres.All people have to be considered when they do a law, allowing them to continue doing what they have been doing.They will have to give them nonconforming use in some cases without their having to pay a bunch of money because they did not create the problem.They can survey the properties out there and put in exceptions.Otherwise what they do is void as they would be denying reasonable use and the priority of law in the constitution would upset the vote.No law can disagree with the United States Constitution; make sure the laws conform to it or you are wasting time. .Vice Mayor Eck commented he thought the council could make the city's own policy. City Attorney Joel Stern stated they can do text amendments. Mr. Noel Benoist stated as long as they are constitutional. Councilmember Dietz asked if a person has 5 acres or 10 acres can they cover up 60% of it. Vice Mayor Eck commented they are currently at 75%. Councilmember Dietz asked if there was a federal rule on 10 acre properties that they can go 60% of their rear and side yards. Vice Mayor Eck commented they can still go 75% on general rural, which is 32,000 sq.ft. of building.He does not see where they are limiting property rights. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 33 OF 53 Councilmember Sippel asked what it cost to come back and get a conditional use permit. Senior Planner Rudy Esquivias stated he believes the fee is $400. Mayor Coleman asked if that covers the city's costs. Senior Planner Rudy Esquivias stated that is a city clerk question.There are advertising costs involved.The processing costs are not as much as a rezoning because they normally only have to be advertised once. They are decided by planning and zoning.In a rezoning, the ordinance gets published.In a conditional use permit, the resolution does not.They are safer in recovering costs with conditional use permits than they are with rezonings. City Clerk Kathleen Connelly commented state law is very specific.If the council enacts legislation on behalf of any individual they have to pay the publication costs. City Attorney Joel Stern stated there is also the labor cost, depending on the case.The $400 may not cover everything. Mayor Coleman commented the conditional use permit would only be for new construction.They must be building a new outbuilding.Those already with them would not have to come in and do a conditional use permit for existing buildings. Senior Planner Rudy Esquivias stated if people find hardship with the code as written they can apply for a conditional use permit to get special consideration, similar to the landscape code. Mayor Coleman commented he was asking if they were already built to current code and the REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 34 OF 53 council changes the regulations, they do not have to come in and apply for a conditional use permit on existing buildings. Senior Planner Rudy Esquivias stated they do not. Councilmember Sippel stated it is very simple for people to come up to address the public and make the comment that they have to remember that there are people who live on large acres.He is glad they get them to make those comments, but the council also has to remember the people on the 8,000 sq.ft. parcels.It is difficult as a councilmember to make a decision because they have to remember large acre property owners and small property owners; in this ordinance that is the case.He hopes they will realize they have a lot of paperwork up here, they ask diligent questions and it is not an easy decision every time.He hopes that when they leave they will realize that the decision they make is good for the entire community.They may not feel that way, but he feels good when he makes a decision because it is for the entire community. Vice Mayor Eck commented the biggest issue over this is the 50% or 75%.He would like to go with the 75%.Those on a smaller lot would end up with a smaller building. Mayor Coleman closed the discussion and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1279 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 35 OF 53' City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1279, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT UNDER SECTION 6.0116, ITEM 1, READ TO SAY AN ACCESSORY BUILDING MAY BE CONSTRUCTED UPON A LOT PRIOR TO THE CONSTRUCTION OF THE MAIN BUILDING FOR THE PURPOSE OF STORING TOOLS, BUILDING MATERIALS OR HOUSEHOLD GOODS, AND CONSTRUCTION OF THE MAIN BUILDING MUST BE COMMENCED WITHIN 6 MONTHS AFTER COMPLETION OF THE ACCESSORY BUILDING; AND THAT UNDER SECTION 6.0116, SECTION 1, SUBSECTION D, LINE 2 AND 3, THE TERM "NOT EVEN ON A TEMPORARY BASIS" BE STRICKEN; AND THAT IT BE APPROVED. There was general discussion about if the 75% was left in.It was determined that it was. .Councilmember Sippel SECONDED THE MOTION. VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. ten minute break. Mayor Coleman called for a Mayor Coleman reconvened the meeting. OLD BUSINESS CITY OF APACHE JUNCTION LABOR MARKET )Human Resources Director Liz Riley briefed the council on the item.She stated she is requesting direction for the labor market for the city. Resolution No. 04-28 states that the mayor and city council shall identify the labor market.She brought current labor REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 36 OF 53 market information to them on December 5 along with the proposed labor market, benchmarked 6 positions and compared them. Council requested two things at that meeting.They wanted Chandler and Gilbert added to the proposed labor market and they wanted the 6 benchmark positions to be compared with the current, proposed and alternate proposed markets.The city manager provided those items to council on December 8.Bryant Powell provided them with a list of the municipalities in the 3 labor markets earlier. Councilmember Sippel thanked her for adding Chandler and Gilbert.It appears to him after looking at the data that there really is no big difference.He is fine with what she brought to them originally, before the other 2 cities were added. Vice Mayor Eck commented since they are in there they might as well leave them in. Councilmember Dietz commented he thinks, after going through them, that they are actually closer to it after adding Chandler and Gilbert.They could stick with that, since they are a little bit closer anyway. There was general discussion on adding Chandler and Gilbert. Human Resources Director Liz Riley stated the alternative brings the total to 11 like the current labor market.What it does not include from the original is Oro Valley, Scottsdale and Tempe.The additional municipality is Buckeye. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY OF APACHE JUNCTION LABOR MARKET:THAT WE USE ALTERNATIVE C. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 37 OF 53 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CITY OF APACHE JUNCTION PERSONNEL RULES ) )Human Resources Director Liz Riley briefed the council on the item.She stated she is here to respond to revisions to the personnel rules.They were made available to the council on December 29 but she believes most of them did not get them until the following week.The proposed revisions are basically housekeeping, inserting language directly from the law.There are several policy proposals.They provide for consistency in terms and remove redundancy.The city attorney reviewed the document and made some suggestions on spelling and language to clarify the intent of the provision.He also suggested important language regarding discipline, grievance and appeal procedures of Rules 16-18.He will provide a brief overview as they are not contained in the proposed rules the council had received as they came after those were distributed.Title changes include human resources manager changed to human resource director.In the table of contents, they added career status and clarified employee lists versus eligible lists, and class specifications versus job specifications.They also clarified terms of immediate family under Section 5 Sick Leave.They clarified Immigration and Reform and Control Act policy, the 19 that employees have to complete.They have allowed for hiring of relatives for seasonal, intermittent, limited, lifeguards, and rec leaders for the summer in the parks and recreation department if an immediate relative works there.The rest of the city still prohibits the hiring of a relative by blood in the same department if there is a supervisory function.They have removed the language for vacation leave that expired on January 1, 2006, and added merit consideration which was the removal of establishing a percentage available for merit pay because with the establishment of the step plan in July 2005 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 38 OF 53 this is no longer the practice.Policy changes include performance reviews conducted annually at a time designated by the city; it is no longer on the employees classification date. The eligibility for annual increase is no longer tied to passing a performance review.This will hopefully create a development tool.They also inserted a provision where the city council continues to have the ability to amend the classification plan and allow the city manager to amend the classification plan outside the city budget process when positions in salary group 59 and below are involved, as long as the action does not negatively impact the city's budget.It allows for a little bit more flexibility.There are currently 24 titles in group 60 or above that include division manager, department heads, 2 deputies and the assistant city manager.These titles must be brought to the city council first before any changes can be done.There were some spelling errors that were corrected. Mayor Coleman asked when this would be brought back. Human Resources Director Liz Riley stated she will go through Joel's comments and suggestions and bring it back to the council.She will give them another strikeout and a clean copy when it is available. City Attorney Joel Stern stated it will be brought back on February 6.They will see it in a different form as it will be an ordinance that adopts it by reference and a resolution that declares it a public record. This is an amendment. Councilmember Dietz commented a new one with the strikeouts would be fine.They do not need a clean copy. Mayor Coleman stated it is helpful to see the changes. City Attorney Joel Stern commented Ms. Riley covered the information in depth.He had REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 39 OF 53 some grammatical things and some consistency things, but there is a significant provision under the appellate procedures.If someone wanted to appeal the city manager's decision they go to a hearing officer, and that remained the same, but the question is if the hearing officer can look at the case as a whole and substitute his or her own judgment.That has come up in some case law, whether they can go off and substitute their own legal opinion under the standard of review.It will be changed so that they cannot do that; they will have to say that the decision was arbitrary or was taken without reasonable cause, and the appeal will be sustained.This means the employee would win.Otherwise the appeal would be dismissed in its entirety. It pertains to what kind of standard of review they want the hearing officer to have. Mayor Coleman asked if he wanted them to tell him. City Attorney Joel Stern stated they do not have to as this is his recommendation.He has had some legal counsel look at the standard.They agree that it should be a similar standard of review to what Maricopa County has. Human Resources Director Liz Riley commented a hearing officer cannot look at a case and say discipline was too extreme and it should be lessened.The hearing officer can only sustain the appeal or dismiss it. City Attorney Joel Stern stated the language would take away the discretion for the hearing officer to reduce a 10 -day suspension down to a 5 -day suspension.They would have to have a finding that the decision was not arbitrary and was not taken without reasonable cause and then they could dismiss the appeal. There was general discussion on why Section 11 was changed.It was determined it was changed in order to add foster children to the definition of immediate family. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 40 OF 53 Human Resources Director Liz Riley stated that was the only change to Bereavement other than putting a parenthesis around 3 and spelling it out.She requested they call her if they have any other questions later and she will provide them with a new strikeout and highlight that incorporates the city attorney's comments. Mayor Coleman closed the item with no further discussion and moved on to the next item. FISCAL YEAR 2007 STATE HOUSING FUND (SHF) GRANT APPLICATION )Grants Specialist Roger Hacker briefed the council on the item.He stated on December 5 staff asked for permission to submit a letter of intent that they would submit an application to the Department of Housing for funding to continue the housing rehab program.This is the next step in that process.There are 3 resolutions that must be included in the application.They are for the authority to submit, the commitment of local funds, and the amendments proposed for the housing guidelines.If approved, the application would be submitted for $440,000 and the city would match it with $20,000 in city funds.This would rehabilitate 5 homes and the emergency repair of 10 homes, plus administrative fees to manage the programs. Councilmember Sippel commented whoever completed this did a great job. Grants Specialist Roger Hacker commented the city attorney reviewed this and his suggestions were added.Also, the housing rehab specialist for Central Arizona Association of Governments had reviewed it and gave her suggestions.The suggested changes were either housekeeping, correcting addresses, or putting the city in line with Department of Housing regulations. Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 41 OF 53 Councilmember Waldron MOVED THAT RESOLUTION NO. 07-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS (WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS), CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION BE APPROVED. I MOVE THAT RESOLUTION NO. 07-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2007 STATE HOUSING FUND (SHF) APPLICATION BE APPROVED. I MOVE THAT RESOLUTION NO. 07-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO AN APPLICATION FOR FY 2007 STATE HOUSING FUND FOR A HOUSING REHABILITATION ACTIVITY, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 630, ESTABLISHING AND ENACTING REGULATIONS REGARDING THE USE OF SHIPPING CONTAINERS WITHIN THE CITY LIMITS )Mayor Coleman requested Councilmember Severs brief the council on this item he had put on the agenda. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 42 OF 53 Councilmember Severs stated he did not wish to discuss this item with this council.He would like to continue it indefinitely. City Attorney Joel Stern asked if that was a motion. City Clerk Kathleen Connelly stated if he wishes to continue it, it has to be to a date certain.If he does not want to bring it back at any date, it should be tabled.It was not on the agenda tonight for action, however. City Attorney Joel Stern stated the issue is whether or not they want to discuss it tonight. Mayor Coleman stated they apparently do not. Vice Mayor Eck asked what if he wants to bring this up 6 months from now.He asked if he would have to do a motion to table it. City Attorney Joel Stern stated a motion can be made on whether to discuss this tonight or not; if they do not want to discuss it, it can be a simple motion of let us not discuss this tonight. Mayor Coleman called for a motion. Councilmember Severs MOVED THAT WE DO NOT DISCUSS THIS ITEM TONIGHT. Vice Mayor Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 43 OF 53 There was general discussion on whether a motion was appropriate.It was determined a motion could be made. VOTE:Unanimous. The motion carried. NEW BUSINESS RESOLUTION NO. 07-01, AUTHORITY TO SUBMIT A FISCAL YEAR 2007 AK -CHIN INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM (ACICSSRP) GRANT APPLICATION )Grants Specialist Roger Hacker briefed the council on the item.He stated staff requests they adopt the resolution authorizing an application to be submitted to the Ak-Chin Indian Community for $102,000 to fund equipment, uniforms and testing for the auxiliary patrol within the police department.It also commits about $49,000 of local funds which is contained in the police department budget either this year or next year. Community Resource Coordinator Suzanne Strong commented she has been working on the auxiliary patrol program for some time now.The police department has 39 volunteers now, but there are only 5 on the auxiliary patrol.In October, November and December they logged in 958 hours of service to the police department, averaging about 80 hours a week.According to recent reports based on the statistics from the Bureau of Labor, valuing volunteer labor at $18.04 an hour, that totals $17,282 that were saved in the last 3 months of 2006 by people helping the police department. Officers are still operating shorthanded so the auxiliary patrol program assists them in accidents, truck enforcement details, DUI details, surveillance and community programs like the shopping cart program, knock and listen event and VIN etching. They could not have done what they have done without them.She REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 44 OF 53 commented they should think of what 25 people could do on this program.She added Roger did an excellent job on this program. Vice Mayor Eck commented he thought it was humorous in the paper about someone complaining about they should be doing something other than picking up shopping carts.They did not realize they were auxiliary patrol members.He added about how many shopping carts are seen while one is out in the community; they seem to be everywhere.He has noticed the difference.He thought it was a useful tool, and he thinks they are very good eyes and ears.He has a neighbor who is one and he is always listening in on the radio.He thinks it is a very good program. Councilmember Waldron asked if there is a contingency to pay these costs for the auxiliary if the city does not get the grant. Grants Specialist Roger Hacker stated he does not know how the chief would answer that. There is another grants source that they can submit if this grant is not successful.He does not know if money has been budgeted in the police department budget for this or not. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO. 07-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE AK -CHIN INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS BE APPROVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 45 OF 53 CASE PZ-14-06, REZONING REQUEST BY PRESTON STAPLEY AND KIM EATON ) )Assistant Planner Todd Kennedy briefed the council on the item.He stated this is to rezone a parcel located at 1549 S. Meridian Drive on the corner of Meridian and 16th Avenue from TH to CR-5/PD, trailer homesite to multi -family residential by planned development.The applicants would like to construct a 14 -unit townhome subdivision.It is a little over an acre in size.They will be 3 stories in height.He gave a powerpoint presentation on the site and the elevations.The planning and zoning commission voted unanimously for approval with the conditions of abundant landscaping for the perimeter of the subject parcel, especially for the north, south and east sides; landscaping shall include natural desert landscaping; 24" box trees to be planted on the north, east and south sides to buffer the property; the retention basin on the northeast corner shall include a playground/picnic area; playground shall include 6 play station points; proposed units shall be a minimum of 1,400 sq.ft. and shall include southwestern architectural features illustrated in the city's design guidelines; ground -mounted air conditioning units; and architectural treatments for all 4 sides of the building.There shall be additional parking included for guests; a minimum of one guest parking space for each unit. Street improvements will not be required along 16th Avenue but the rights -of -way shall be observed and be partially landscaped and maintained by the homeowners association until such time as the city constructs the road.Street improvements are required along Meridian Drive.Mitigation measures for stormwater drainage will be described and implemented by engineering review during the plat submittal process.The subdivision shall be open to all families.The height of the structures shall not exceed 30', the setbacks from property line to the building shall not be less than 20' and the applicant shall disclose to prospective buyers that there is horse property nearby. Councilmember Severs asked if they had to do any special planning to get it down to 30' as this is a 3 story structure. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 46 OF 53 Assistant Planner Todd Kennedy stated the proposed buildings were already down to 30' on the plans they submitted.He was not aware of any special planning. Vice Mayor Eck commented there is something happening in the community.This is one of the neighborhoods; he recently purchased a home down there as an investment and it was one of the first ones.This lot had 4 or 5 mobile homes on it and they got rid of them and he is now talking about building $300,000 to $350,000 condominiums.It is a fantastic project to him.It is a risk to ask a builder to put a project like this in that area so he really appreciates what he is doing. Mayor Coleman asked when they would see this again. Assistant Planner Todd Kennedy stated they would see it on February 6. Mayor Coleman closed the discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF FISCAL YEAR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS (SSP) )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated on December 5 council directed staff to research streetlights in low to moderate income high crime areas, abatement of community flooding in a residential area, and a new restroom at Prospector Park for possible projects.The research was included in these packets.This grant is a competitive grant based on the rated criteria.The application that demonstrates an urgent will receive a higher score and have a better chance of being funded.Another criteria that raises the score is the amount of money the city will provide as a match. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 47 OF 53 That funding is also called leveraged funds.Staff is requesting direction on which project to submit an application for. Councilmember Dietz commented the grant amount is $300,000 and the city is requesting $277,000.He asked if they could put in a little more so that they could request the $300,000 and match it with another $25,000 of city funds. CDBG Administrative Assistant Melinda Larson stated she met with the public works director and he has looked at where we can put the lights on existing Salt River Project poles.There may be another area he can add. Councilmember Dietz commented he was hoping it could possibly get them another point or two towards getting this funded.It is lot cheaper and easier to put them on existing poles than have Salt River Project erect them. Public Works Director Doug Dobson commented that is what he looked at, seeing what they have on the table now and that he can be assured they can get done in the time period.He looked down in that area and came up with 65% of the grant for Cedar, Warner, and 16th Avenue through 12th Avenue.He looked for another area where more could be done and found an area on Broadway between Meridian and Delaware.They can use the grant to put them up on the north side and then come back in with the city's funding to put them on the south side.They could up the amount to $300,000 and say they were going to do both sides of Broadway.If they did not want to use an existing power pole for streetlights, by the time he has the lights in on the residential area he could have a design for a single light like those found on Meridian that light the center of the street and then light both sides.It would be more money but it would be an update to what they are asking to spend the money for, and the city would kick in the extra. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 48 OF 53 Councilmember Dietz commented he was just trying to get to the point where it would be a little over $300,000 and have the city kick in a little bit to get any extra points that may be awarded. Public Works Director Doug Dobson stated he did not want to make a recommendation and have it come back to where he does not have it on the shelf and jeopardize the whole thing by not being able to complete what he said he could. Councilmember Dietz commented the work is done over a 2 year period. CDBG Administrative Assistant Melinda Larson stated that is correct.They have 24 months once the contract is awarded to complete the project. Mayor Coleman asked if this is doable. Public Works Director Doug Dobson stated if the direction is to go ahead and do Broadway and do one light, he would not have a problem with going ahead and doing the design work on Broadway now and design the streetlights on Broadway between Meridian and Delaware.It would be ready on the shelf.The grant is not awarded until August so it would give him 7 months to get the design work done. Councilmember Dietz commented they are directing tonight on which one to go with.If they go with the streetlight option, he would like to submit the grant for $330,000 or whatever it might be.He does not want it for something they would shelve for the next time around.He wants one for now. Public Works Director Doug Dobson stated if that is their direction, he would have the REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 49 OF 53 design done on Broadway with the intention of actually putting those lights in whether they get CDBG funding or not. Vice Mayor Eck commented that any of them are great.He would like to see item two, the Blevins and Twiggs, be prepared and tabled.It is $600,000, twice as much as they can get, and he does not know where they would come up with the CDBG next year or the SSP.He would like to be prepared for that one next year because they have not been able to do anything so far.They could then be ready for that and go in that direction. CDBG Administrative Assistant Melinda Larson commented after they reviewed that particular project with the Arizona Department Housing, and based on the fact it does not show a severe need as it would only affect 2 homes, it does not show a community need.That is the determination of the department of housing. Vice Mayor Eck commented he understands how severe the need is for those two people, but he understands that the numbers are low.They will have to find some other means within the next year or two.He would like to have item three prepared and on the shelf so that if something comes up next year that is more of a necessity, then we go with that. If not, they can go with the restroom at Prospector Park. Councilmember Dietz commented it would be nice to have a few items on the shelf so they know what they are looking at.They had done that with Cedar but the construction materials shot up. Vice Mayor Eck commented he does not know if the construction materials on the restroom will have shot up next year.He would like to put something realistic on the shelf.It is currently $246,000.He would like to go with the lighting one for now.He does not know what they are going to do with the streets but he sees a need to help a couple of citizens over there.They may need to look at street funding for it.He has seen a lot of water in the home. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 50 OF 53 Mayor Coleman asked if they had any feel for whether the streetlight item or the restroom item would be more acceptable. CDBG Administrative Assistant Melinda Larson stated it would be the streetlight item.She had extensive conversations with the department of housing and based on new performance measures that project looks like it could be a nicely written application.They must also collect data.She has spoken with Jenny Lewis and the data will be easy to collect based on the number of calls for service being reduced. Mayor Coleman closed the discussion with no further comments and called for a motion. THAT THE FOLLOWING DIRECTION BE YEAR 2007 COMMUNITY DEVELOPMENT PROJECTS (SSP):THAT WE PURSUE INCOME HIGH CRIME AREAS. Councilmember Waldron MOVED GIVEN TO STAFF REGARDING FISCAL BLOCK GRANT STATE SPECIAL THE STREETLIGHTS IN THE LOW -MOD Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. 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, FEBRUARY 5, 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, FEBRUARY 6, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 51 OF 53 Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:12 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of November 14, 2006. 3. Acceptance of Minutes of Regular Meeting of December 5, 2006. 4. Resolution No. 07-05, Case SD -1-06, Final Plat Approval Request for Terra Morada Subdivision by Wayne Barker. ACCEPTED THIS 6TH DAY OF FEBRUARY, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF FEBRUARY, 2007. DOUGLAS /COLEMAN Mayor ATTEST: ELLYKATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 52 OF 53 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 16th day of January, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of January, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 2007 PAGE 53 OF 53