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HomeMy WebLinkAbout2007-03-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 6, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 6, 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 7:00 p.m. INVOCATION Councilmember Waldron 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 Library Director Pam Loui REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 1 OF 34 Others Present:Assistant Planner Todd Kennedy Captain Tom Kelly Captain Michael Reddick Captain Robert Birdsall Planning Manager Fred Baker Senior Planner Rudy Esquivias Grants Specialist Roger Hacker Assistant Planner Michael Heuchert Human Resources Analyst Jackie Trevino Human Resource Director Liz Riley Public Works Manager Shane Kiesow Economic Dev. Dir. Steven Filipowicz ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THEY PULL OFF ITEM NUMBER 5 AND RELOCATE IT FOLLOWING ITEM NUMBER EIGHT; AND THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE APPOINTMENT OF BRAD STEINKE AS DEVELOPMENT SERVICES DIRECTOR BE RATIFIED; AND THAT COURTNEY RIDDLE BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE JUNE 30, 2008. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Safety Director Glenn Walp introduced the other two new captains, Robert Birdsall and Michael Reddick, and briefed the council on their qualifications and work history. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 2 OF 34 CALL TO THE PUBLIC Mr. Joseph Severs, 1184 N. Starr, Apache Junction, addressed the council about working as a team. Mrs. Maria Ewell, 1330 W. Roundup, Apache Junction, addressed the council about a telephone survey and questioned how someone obtained her unpublished number. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council on the activities of Councilmember Waldron. Mr. Dan Wald, 560 N. Rennick Drive, Apache Junction, addressed the council to unveil a political cartoon and comment on the negative campaign signs being erected. Mayor Coleman explained about the first amendment rights on political signs and commented on Mr. Benoit's accusations against a member of the council, the chronological order of the votes on the hotel issue and the vote that was changed, and accepting campaign contributions from people that know the candidates or are friends of the candidates. Vice Mayor Eck commented he had also been contacted by the survey workers and the city would not have had anything to do with that survey. ANNOUNCEMENT OF CURRENT EVENTS Mayor Coleman announced the National Congress of Cities conference starts this Friday in Washington, D.C.He will be attending the meeting. Mayor Coleman announced there is a primary election on Tuesday, March 13. Mayor Coleman commented he thought Lost Dutchman Days went really well. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 3 OF 34 CITY MANAGER'S REPORT City Manager George Hoffman stated the city is embarking on an aggressive outreach program to get data on.customer satisfaction.However, the surveys referred to during Call to the Public are not city -initiated.It is common and typical during elections to utilize this as a vehicle for -gathering information; he surmises that is what is happening here.The Arizona Department of Transportation has indicated they will be installing a traffic signal at 16th Avenue and Idaho; the completion of the project is estimated to be:September 1, 2007. He then introduced new Economic Development Director Steve Filipowicz and gave a brief summary of his.qualifications and work history.His responsibilities will be to encourage businesses to look favorably on the city, help bringthe economic development action planning team's strategic plan forward to the city -council for their consideration, and the development of partnerships and relationships with the business community. CONSENT AGENDA: AWARD OF GUARANTEED MAXIMUM PRICE (GMP) FOR THE LIBRARY EXPANSION. PROJECT'S CONSTRUCTION SERVICES )City Attorney Joel Stern briefed the council on the item.He stated late last week there was a change in the language.An errors andi omissions clause is being stricken -from page 5 that was to apply to the construction manager at risk; they did not like -the language_The city can live-witILthat'as it is typically handled in architecture and engineering contracts that are already signed.They have already signed -page .15 and are willing to enter into the agreement Mayor Coleman asked if,the only change was the deletion of the second half of paragraph G. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 4 OF:34. City Attorney Joel Stern stated that is correct.He thought since there was a last minute change that the council needed to be advised of that before the agreement was voted upon. There was general discussion on if the motion needed to be changed.It was determined they could use the same one as provided to them for the consent agenda. Mayor Coleman closed the- discussion with .nofurther comments and called for a motion. Councilmember Dietz MOVED THAT THE AWARD OF BID FOR THE GUARANTEED MAXIMUM PRICE FOR THE LIBRARY EXPANSION PROJECT'S CONSTRUCTION SERVICES BE AWARDED TO CORE CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $4,250,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PUBLIC HEARINGS APPLICATION FOR"A'SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION H.O.G. CHAPTER INC. FOR ARIZONA BIKE WEEK ON MARCH 24, 2007 )City Clerk Kathleen Connelly briefed the council on the item.She stated there are no objections from staff and the representatives are in the audience. Mayor Coleman requested the applicant address:the council. :REGULAR MEETING OF THE CITY COUNCIL: MARCH 6, 2007 PAGE 5 OF 34 Mr. Mark LeResche, 2910 W. Apache Trail, addressed the council.He stated Bike Week is upon them again and they will be bringing a lot of motorcycle enthusiasts to the community.They will be here 3 to 5 days. 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. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER INC. FOR ARIZONA BIKE WEEK ON MARCH 24, 2007, SUBMITTED BY MARK LERESCHE, 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 PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SUPERSTITION SKIES RESTAURANT AND BAR )City Clerk Kathleen Connelly briefed the council on the item.She stated bars and restaurants across the valley are currently doing this because of the impending nonsmoking laws.It will allow patrons to frequent the bar and still have an outside smoking area.The packet contains letters from staff and the fire district.She called their attention to the planning division which raises the question of a letter of legal nonconformity that exists on that property.There are conflicting zoning requirements they may want to discuss with staff.Senior Planner Rudy Esquivias is recommending they consider giving the applicant additional time REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 6 OF 34 to file some plans and identify parking areas.Council may wish to speak to the city attorney on the item. Senior Planner Rudy Esquivias stated there is no site plan on file for the property.It is a grandfathered business in the middle of a residential neighborhood.The use predates the city and it is unknown if there is enough parking out there now.This typically represents a requirement for more parking spaces.A decision to expand the premises at this time may be premature if they cannot accommodate additional parking for the use.He is not recommending denial; he is recommending they get additional information to make a better decision on the request. Councilmember Dietz asked if he would like to postpone this until they have the additional information.He asked if a postponement would interfere with any deadline the liquor department has for action on the application. City Clerk Kathleen Connelly stated the Department of Liquor Licenses and Control has told us that this is not the same as for the issuance of a license. They already have a license.They will not act on an extension of premises until they here from the city. City Attorney Joel Stern stated it is normally 60 days that they have to act on it. City Clerk Kathleen Connelly stated that is for the issuance of a license. Councilmember Dietz commented in this case there is no time frame. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 7 OF 34 Councilmember Dietz asked Mr. Esquivias if he would like to have this continued in order to get more information. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs commented the plans show this is a fenced -in area with no roof that is under 6' high.He asked if it is really considered an extension. City Clerk Kathleen Connelly stated she believes he is talking about an extension using a dictionary term; in this case it is an extension of premises under the liquor license laws.She is not sure it can be looked at in the same way. Councilmember Sippel commented he believes the liquor license only covers the current square footage and they want to add square footage. Councilmember Severs commented it is a liquor license situation and not a building situation. Senior Planner Rudy Esquivias stated our parking regulations state there is a certain amount of parking required for outdoor seating area.Some restaurants have an interior area and an outdoor patio area where people sit, eat and enjoy their favorite beverage. Councilmember Waldron asked how much additional time would be needed. Senior Planner Rudy Esquivias stated he did not know.He would like to sit down with the applicant and let them know the information they need.They recently had the same issue with Jakes-O-Mine.He studied his REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 8 OF 34 site and. turned in a..8..5" x 11" drawing; he did not hire an architect and it was 'informative. Councilmember Dietz asked if they need to have a date continued to in the motion. City Attorney Joel Stern commented he would.recommend they make it date specific but they might want to check with the applicant to see how much time. they need to do a site plan.Give them' some time but try to keep it on a short. leash. Mayor Coleman requested the applicant address the council. Ms. Lee Nugent, 347 N. Cactus, Apache Junction, addressed the council.She is proposing an area for her extension of premises that is currently a horse corral.They also have hitching posts so they do not need the corral.She proposed the outdoor patio because of the May 1 statewide nonsmoking law.It will impact her business a lot if she does not have a.patio.Most of the freestanding bars in the city have patios already; she does not know if they meet the criteriafor the new law.She does not have to have an outdoor patio; she has 500 sq.ft. of grandfathered square.footage that she is not currently using. The alternative to the outdoor patio would be to put two stairways in, one being an exit and one being an entrance, to the space they already have above the bar.It has a view of the Superstitions and city limits. She would rather do that as it has a roof over it.. If there is a -problem going outside., she would just as soon go up than go out. Councilmember Severs asked why she was not using that room. Ms. Lee Nugent stated the fire marshal had the stairs removed because there was only one exit.She has had some contractors look at it and it would be a simple thing to have :a set of stairs going upstairs from the REGULAR MEETING OF: THE CITY COUNCIL MARCH 6, 2007 PAGE .-9 OF 34 inside of the bar.There is a place for the stairs to godown on the outside; they took the stairs away and they just haveit boarded up -right now.There is a new roof on -it and they will take out thewindows that are currently there and put in screens.It would then be an open air patio upstairs with a beautiful view-.She would rather.do that than have it outside because everything is there. Vice Mayor Eck commented this sounds like it only needs to be continued for a short time.He asked how much time she would need. Ms. Lee Nugent stated he is saying that the parking is the problem.They are not using that space for parking.They are not increasing the business part of it; they are just allowing peopleto go out and smoke.The liquor board calls it an extended use area because it is currently illegal for anyone to walk outside With a drink in their hand.They therefore have to get their approval, as come May 1, people will want to be going outside to have a cigarette and they will want to take their,drink-with them.They must have some .place:for them to go so that they do not have to have a doorman Councilmember_ Waldron asked if the current liquor license covers the space upstairs. Ms. Lee Nugent stated it does. Councilmember-Waldron commented there would not be any requirements for the extension. Ms. Lee Nugent commented she is actually not sure if it covers the space upstairs or not as when she applied for the liquor license she only submitted the floor plan for the downstairs area. City Clerk Kathleen Connelly stated it does depend on what she submitted for the liquor REGULAR.MEETING -OF THE CITY COUNCIL MARCH 6,.2.007 PAGE 10 OF 34 license.If this is different from that, then it has to go back to the liquor license board.. Ms. Lee Nugent stated they would have to do one or both.They would have to amend it to add the upstairs.They have to approve any place liquor is being served.They were not using it at the time so she did not include it when she applied for the liquor license. Mayor Coleman commented the letter from the fire marshal outlined three concerns.He asked if she was working to resolve those issues that the fire district has. Ms. Lee Nugent stated she has made a few phone calls but has not been able to connect with anyone and has not received a call back.She had the upstairs inspected by an outside inspector.It is a matter of putting the upstairs stairwell in and they have the space within the building.There is already a space to put a stairwell outside and they can add an alarmed door.It would be an emergency exit; no one could go out the door with liquor in their hand without the alarm going off.It would be a simple thing to do but it will take time. Councilmember Dietz asked how much time she would need to address this and figure out which way she is going to go.He would like to make it date specific for this to come back to the council. There was general discussion on if this needed to be date specific.It was determined March 20 would work for the applicant. Mayor Coleman asked if she gets credit for parking spaces with the hitching posts. Senior Planner Rudy Esquivais nodded yes. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 11 OF 34 Ms. Lee Nugent stated there were half dozen horses out there when she went in this afternoon.They have horses there all the time and they are not using the corral.Most of the people use the hitching post anyway. Mayor Coleman commented it is a historic building.It is where all the people who stayed at the Grand Hotel went to party.It has a mural on the wall.If someone has not been there, they ought to go visit. Ms. Lee Nugent stated a lot of people come in just to see the mural on the dining room wall. The building has been there a long time.She asked what she would have to do if she just wanted to go upstairs. Councilmember Dietz stated she should get with the senior planner to see what is needed. Councilmember Insalaco asked if she needs to make up a site plan showing the square footage and where everything will be located. City Clerk Kathleen Connelly stated one of the first things she needs to do is contact the Department of Liquor Licenses and Control and change her application.Right now it says a patio on the east side.If she wants to go up to a second story, she needs to start with them and submit the same diagrams.She also needs to talk to Rudy Esquivias and the fire marshal. Councilmember Severs commented they are cracking down on American Disabilities Act accessibility.He would hate to see her go through the process and be one step away and then have them come in and ask where a person in a wheelchair would smoke. Ms. Lee Nugent stated because the building is grandfathered she does not think it would apply. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 12 OF 34 Councilmember Severs stated it applies to everything.It is a federal law. Ms. Lee Nugent stated that is not the case with buildings that were built prior to 1988. Councilmember Severs stated he did not know, but he wanted to give her something to think about just in case it determines whether she goes upstairs or down. Ms. Lee Nugent stated she is a real estate broker also.The ruling came in 1988 and she does not think it applies to buildings constructed prior to 1988. The space had already been used as a bar.She is not proposing a bar; she is proposing an outdoor patio. Councilmember Insalaco commented it will be upstairs instead of ground level. Ms. Lee Nugent commented she is not happy with someone telling her how to run her business on her private property.It should be a matter of choice.She asked who she should talk to determine what was needed. City Attorney Joel Stern commented she could talk to an architect. City Manager George Hoffman commented staff could sit down with her and give her the proper information at one time on some of the constraints that may exist under the law. City Clerk Kathleen Connelly stated it might also help in this case to have the fire district there. Ms. Lee Nugent commented she might use the upstairs and a small patio on the outside. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 13 OF 34 Councilmember Severs :stated he had not wanted her to spend a lot on modifications of the upstairs and then find thatout at the end.He:suggested it could be'just a very small section for the American Disabilities Act smoking area. Councilmember Dietz commented she could call Mr. Esquivias to set up a meeting with everyone . and get allof her questions answered at one -tithe.They can see what needs to be done. City Clerk Kathleen Connelly reminded her that it is real important to get the revised application from the state. Ms. Lee -Nugent -stated it is justia matter of going,down.there, filling it.out and bringing it back :over to the city.She will probably do:that and put both of them on there. Mayor Coleman opened the public hearing on. the item. Mr. Noel Benoist, 900 N. San Marcos, Apache Junction, .addressed the council.He believes they have a.treasure here that should be developed,Ronald. Reagan spent a lot of time there, along with John Wayne and Ford.A wealth of history could be developed.He 'suggested she ,get grant money from the American Disabilities: Act outfits in Phoenix as well as the National Registry for HistoricSites. She can get money to.redevelop the, building and bring it,bacit to. its old glory days_He believes they could get a $50,_000 grant to do a survey and put all of it together and there are restoration grants.They could be incorporated ,together. Mayor Coleman closed the public hearing with no one else wishing,to.speak and reopened ,the item to councildiscussion.There being no further discussion, he -called for a motion REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 20-07 PAGE 14 OF 34 Councilmember Waldron MOVED THAT ITEM NUMBER 10 ON THE AGENDA BE CONTINUED UNTIL MARCH 20, 2007. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REQUEST BY YAVAPAI _COUNTY FAIR ASSOCIATION FOR APPROVAL OF AN OFF TRACK WAGERING FACILITY AT ARIZONA JOE'S RESTAURANT City Clerk Kathleen Connelly briefed the council on the item.She stated there have been no objections from staff as this is a re -approval.The representatives are here in the event of questions from the council. 'Mayor Coleman requested the applicant address the council. Mr... Randy Fozzard, Yavapai County Fair ,Association, addressed the council.They operate the meet. 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 DietzMOVED THAT THE REQUEST BY YAVAPAI COUNTY FAIR ASSOCIATION FOR: APPROVAL OF AN OFF TRACK WAGERING FACILITY AT4IRIZONA JOE'S RESTAURANT FOR A TERM RUNNING FROM MAY 26, 2007 THROUGH SEPTEMBER 4, 2009, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. REGULAR MEETING OF THE CITY COUNCIL. MARCH 6, 2007 PAGE 15 OF34- Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute recess. Mayor Coleman reconvened the meeting. ORDINANCE NO. 1290, AM -2-06, EXCEPTIONS FOR WALLS AND FENCES )Assistant Planner Mike Heuchert briefed the council on the item.He stated this is a text amendment.It was recently challenged at a Board of Adjustment meeting, stating it is unclear in what it says.A partial sentence was inadvertently omitted from the ordinance and it is being added back in.It currently states the ordinance shall not apply to walls and fences less than 4'6" in height when located in side or rear yards.The change states the ordinance shall not apply to walls and fences less than 4'6" when located in front yards or less than 6' when located in side or rear yards. Councilmember Severs asked if there are definitions anywhere in the book of front or rear yards. Assistant Planner Mike Heuchert stated there is a definition of a front yard in the zoning ordinance. Councilmember Severs asked what it is. Assistant Planner Mike Heuchert read the definition from the zoning ordinance. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 16 OF 34 Vice Mayor Eck asked Councilmember Severs if he was most concerned about the general rural areas. Councilmember Severs stated he is not.There were a lot of people asking what their front yards are when they were working on the property maintenance standards. Vice Mayor Eck commented he thought that was more in the larger lots. Councilmember Severs commented he is wondering if they added a definition of rear yard and side yard when they did the property maintenance standards.The definition he was just given was not what he was expecting to hear; he thought it was more simple. Assistant Planner Mike Heuchert stated the newer definition may be more simple but this is the one in the zoning ordinance. 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 Waldron MOVED THAT ORDINANCE NO. 1290 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 17 OF 34 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1290, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-10, AUTHORIZING SUBMISSION OF FISCAL YEAR 2007 STATE SPECIAL PROJECTS APPLICATION FOR A STREET LIGHT PROJECT;. RESOLUTION NO. 07-11, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FISCAL YEAR 2007 STATE SPECIAL PROJECT APPLICATION )Grants Specialist Roger Hacker briefed the council on the item.He stated council directed staff to begin the application process for these funds at the February 20, 2007 meeting.Staff requests these resolutions be passed this evening as part of the application process. 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. Vice Mayor Eck commented it is a very good project.It is pretty dark down there and this is a good idea. Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 18 OF 34 Vice Mayor Eck MOVED THAT RESOLUTION NO. 07-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION FOR FY 2007 STATE COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS ("SSP") FUNDS AND CERTIFYING THAT THE APPLICATION:(1) MEETS THE COMMUNITY'S IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED. CouncilmeMber Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron .MOVED THAT RESOLUTION NO. 07-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,- COMMITTING LOCAL FUNDS AS LEVERAGE FOR 'A FISCAL YEAR STATE COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS ("SSP") APPLICATION, BE .APPROVED Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 19 -OF 34 AMENDMENTS TO ORDINANCENO. 1279' REGARDING ACCESSORY BUILDINGS. IN ADDITION TO OTHER NECESSARY ADMINISTRATIVE CORRECTIONS )Senior Planner Rudy Esquivias stated the vdce mayor had mentioned a variety- of possibilities-at the mork session last evening for further action.Staff has presented someof the things mentioned including some possible options for the R1-43 zone.Option 3 redrafts the ordinance with an exemption for R1-43 and R1743MH zoned: properties This would amend thecontradicting:language in paragraph number one..Option 4 amends the contradicting language and does ]a different text amendment to give= R1-43 its own accessory building regulations. Vice Mayor Eck asked -if option.3.would just remove it and make it equal to general rural. Senior Planner RudyEsquivias stated it would:not.R1-43 does not currently have its own accessory building -regulations,Staff would have to define something for R1743.They can presentseveral other options with option 3.They do not know- how to fix the ordinance to exempt R1-43 yet provide some kind of accessory building -regulations for R1-43. Vice -MAyor Eck asked. if they would,need to find something that would work for R1-43 even if they pick option 3. Senior Planner Rudy Esquivias stated that is correct.It would be a text amendment.They would -draft text revisions, take them back through planning and zoning, and then bring them back tocouncil to amend the ordinance. Councilmember Severs asked if they do any kind:of survey or interview -when the city rezones -something.If they go with option 4 and begin a new text REGULAR MEETING OF THE CITY COUNCIL MARCH' 6, 2007 PAGE 20 OF 34 amendment specifically for R1-43, they could find out what the people who live in that zoning want or use it for. Senior Planner Rudy Esquivias stated they can do that.They could hold a series of workshops. Councilmember Severs commented he thinks they would serve the citizens better that way.They might otherwise overlook something that a majority of them use the property for. Councilmember Dietz asked if it is possible to give direction to look at 3 and 4 and bring them back to see which would be the best way to go. Senior Planner Rudy Esquivias stated they can do that. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE AMENDMENTS TO ORDINANCE NO. 1279 REGARDING ACCESSORY BUILDINGS IN ADDITION TO OTHER NECESSARY ADMINISTRATIVE CORRECTIONS:THAT WE GO FORWARD WITH ITEMS 3 AND 4, WHICH ITEM 3 IS THE REDRAFT OF ORDINANCE NO. 1279 BUT WITH AN EXEMPTION FOR R1-43 AND R1-43MH ZONED PROPERTIES AND AMEND SECTION 6.0116.1 TO CORRECT UNINTENDED CONTRADICTORY LANGUAGE, AND ALSO ITEM 4, AS NEEDED, AMEND SECTION 6.0116.1 TO CORRECT UNINTENDED CONTRADICTORY LANGUAGE, IF NO OTHER CHANGES THAN SEPARATELY BEGIN A NEW TEXT AMENDMENT CASE TO CRAFT AN ACCESSORY BUILDING SECTION FOR THE R1-43 AND R1-43MH ZONE SPECIFICALLY. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 21 OF 34 ATTRACTION AND RETENTION OF POLICE OFFICERS )City Manager George Hoffman briefed the council on the item.He stated staff will do whatever the council directs them to do tonight.An option would be to get some hard data.The Apache Junction Police Officers Association made some estimates with Liz Riley.The information was pulled together in a week.He believes they deserve some accurate data on the cost for implementation.They could estimate what possible increase other organizations are going to provide for their officers and place our officers at the middle of that range.They could then implement the compression solution and see what that costs out, coming back with accurate numbers.Staff could review their proposal on incentive pays and place those in the market context.They brought up health insurance but were not prepared at this time to say specifically what solutions they might like; they can work on those solutions.Also brought up was longevity pay; that could be looked at.Two council meetings ago a gentleman brought up the officers having free use of the multi-gen center; it would have fiscal implications.Staff could bring back a comprehensive overview of all the data.They have said they are also interested in dispatchers and detention officers.Those solutions could also be cost out.He does not believe animal control is represented by the association but they are part of the department.His recommendation would be that they do all of this in the context of the classification plan which would come back for the entire organization.That should be ready in May. Mayor Coleman commented he likes what he has just proposed.He asked if the rest of the study for the remainder of the organization be in conjunction with the budget process. City Manager George Hoffman stated it will be going through at the same time as the budget. They will be developing numbers associated with this and working on the budget so that they can see the full array of policy choices. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 22 OF 34 Vice Mayor Eck commented he was concerned about supply and demand.The demand is now and if they wait too long they might lose many potential officers. City Manager George Hoffman stated 5 officers are in the academy now.The chief is looking at lateralling some people in.He has the administrative ability to do that. Vice Mayor Eck commented those being lateralled are not a given; they are qualified officers. City Manager George Hoffman stated that is correct.The chief is selective in his appointments. Vice Mayor Eck commented they are still bringing officers in at $40,000. City Manager George Hoffman stated that would likely apply to the recruits that are in the academy.They can effectuate a solution before they graduate from the academy. Vice Mayor Eck commented he is concerned about if they have the potential of a similar situation where they do compete with other communities and we get the officers that we need but they leave because there is $3,000 difference in pay. City Manager George Hoffman stated he thinks he has a fair concern.The chief is daily trying to get us back to staffing levels.Over the next decade they will have a multi -million dollar decision.How fast they act is their choice. Councilmember Sippel commented he is concerned that it might have come out last night that he was not in support of increasing officer pay.That is REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 23 OF 34 not the case; he.is an avid supporter of the department.He wants to make sure they do it appropriately so that they are not below again.in.another 2 „years.They need to do it right and make it something that can be sustained:for a long period of time.The compression is something they need to look at andthe other items will allow them to take a look at the whole picture to -move slowlyiand do it right. City 'Manager. George Hoffman commented they have not had a lack,ofa theoretical construct to provide for smooth increases.The -challenges they have faced. are revenues. Councilmember Dietz commented he liked the city manager's direction. Councilmember Sippel commented the classification and compensation team is going to get started:here:shortly; their recommendations will be coming to the council -so that they can hopefully get pay raises and .adjustments made by July.It is:now March; they should be looking atonly.4 months. City Clerk Kathleen Connelly stated they are scheduled to start meeting in April. Assistant City Manager Bryant Powell stated it will be along the lines of their seeing the requests for all the city departments' budgets.They would then formulate a balanced .budget to present to the city manager and budget committee:This year will be interesting with the Wal-- Mart at SignaliButte coming on line and the full fledged year of being conservative in making choices. Councilmember Dietz commented they are looking to give direction tonight on going out and getting hard numbers and getting hard information. REGULAR MEETING OF THE CITY COUNCIL MARCH: 6, 2007 PAGE 24 OF 34 Vice Mayor Eck commented they have had to pull from the D.A.R.E. program and they are down in numbers.He asked if they are back up on overtime. Department of Public Safety Director Glenn Walp stated they are increasing their overtime. He will have to create more overtime to fill these voids.There is more overtime that would be coming in for sure. Vice Mayor Eck commented he knows they want to do this as an organization but he feels like they definitely need to speed up getting the positions filled if at all possible. CounciImember Dietz commented he thinks the -lateral moves will help and once they get the hard information from staff on the lateral programs and those things. He does not see a -problem with instituting that.As far as the compression and pay for everything, he thinks that should come along. City Manager George Hoffman stated several incentive pays were implemented administratively with the previous president and board of the association.They can bring some of:those back.They can do that research now. His general orientation has been.to_becompetitive with the market.At that time they went out.to.the -market with three positions with the philosophy to_be-in the middle of the market, they used the same cities that had been established and the based the decisions on the data.They did officer -in -charge pay which has been eliminated because they now have corporals, and they also did:field:training officers and shiftdifferential. They can review those and make themcurrent, plus look at the new ones. Vice Mayor Eck commented -every department is important in our organization but these neighborhood meetings have public safety coming up at every one of them.They are brought up;for.speeding or noise complaints. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 25 OF 34 Their goal was to keep those positions full, so he would like to do whatever it takes. Councilmember Severs asked if they could research alternative methods of new revenues to see if there would any possible alternatives and how effective they would be. City Manager George Hoffman stated staff is good at researching alternatives and they can seek to give them revenue projections.In terms of the political viability of those and the community support for those, that is probably where the council is best suited to address the community values and priorities. Councilmember Severs asked how long it would take to implement something like that. City Manager George Hoffman stated it would depend on the revenue source.They would probably want to do some community outreach on those.He asked the city clerk if they would be done by ordinance. City Clerk Kathleen Connelly stated it would be a tax code change, assuming they are talking about sales and/or use tax. Councilmember Severs stated it would be a possible use tax or a public safety tax. City Clerk Kathleen Connelly stated those would be possible and they would be fairly simple tax code changes mechanically. Councilmember Severs asked how long it would take to go into effect. City Clerk Kathleen Connelly stated they are in the middle of transitioning into the city doing its own collections.Ordinarily they would have to give REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 26 OF 34 the Arizona Department of Revenue 90 days notice.That is right around the time the city would be transitioning to its own collection.The city would not have to give itself notice. They would have to see how they would work that out. Councilmember Severs commented it is something they could research. Vice Mayor Eck commented it would be something they could research after the budget.A lot of the neighborhood meetings and public relations start in the fall.If they were going to go with something like that, he thinks it would be around September or October to start discussing it. City Manager George Hoffman stated the community discussion will probably start this evening. Councilmember Severs commented he would not be afraid of going to the neighborhood meetings and asking people if they would support some of the alternatives to help fill the positions on the police force. Councilmember Dietz commented they would need the information to present to them. Councilmember Severs commented he thinks it is something they might want to start thinking about. City Manager George Hoffman stated staffresearch can happen fairly quickly; they could have it back in another meeting or so.It would outline the issues and constraints that are being faced and the possible time frames They could then decide how they want to proceed within the context of those statutory and mandatory time frames.. REGULAR MEETING:OF THE CITY COUNCIL MARCH 6, 2007 PAGE.27 CT 34 City Clerk Kathleen Connelly asked if this is something that could be put in place after the adoption of the 2007-08 budget. Vice Mayor Eck commented possibly as he does not know how it works.They did the .2 of a percent for the capital facilities plan and they have discussed briefly the .1 for law enforcement. Councilmember Severs asked how it would help the 2007-08 budget if it was put into effect after the 2007-08 budget. Vice Mayor Eck commented he thinks they need a strategic plan if they are going to do any kind of tax.They need to do a thorough study of it to see approximately how many dollars it is going to bring and what it means they can do as far as serving the community.It will give them more of a plan showing what it can do in regards to serving and protecting the community. Councilmember Sippel commented the research they are going to do would be to place. the officers in the middle of the range as that is what we have traditionally done. • City Manager George Hoffman stated it will be in the middle of the labor market.Of the eleven cities and towns for maximum pay, half would pay more than we do and half would pay less.They would build the starting pay at 40% less than the maximum pay. Councilmember Sippel commented they have heard about attraction and retention and talked a little bit about. a signing bonus.The concern he has with the signing bonus is there is no commitment to stay with the city for 3 years.He asked if it would_be feasible to put the officersin at 80% of.the labor market.He would like them to look at both percentages:50% and 80%.It would increase REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 28 OF 34 their salaries so that onlya .couple of cities would pay more than wedo. City Manager George Hoffman commented he would let them know administratively that for the stopgap period he would look at some aggressive administrative moves;A hiring bonus:may not be a good long term plan and they can revisit that when they look at all the -data.He would like to'be able to be aggressive with the chief:for the short term in using some things like hiring bonuses.If there are 10 tools in the .tool kit with all to be reviewed in May, he would like to be able :to use 3 or 4 right now. Vice Mayor Eck commented if they have 5 in the academy and all 5 pass, he would like to get those 5 to stay. Councilmember-Severs commented he believesA.fithey put them at: the. top andforget the bonuses, they will lOok at-this and want to get. inthe-academy, andA_f Apache Junction is... paying .the best there isithey will want_to-come. here.They,donot care abbutIthe bonuses; it will encourage people to come here and stay here.We,need:ipeople to stayihere They could -takeHthem up to midrange4.buthow—long Wouldit last.They'couldibelooking-at'.thissikmonths from now.andHbe at the bottOm:of the range again.They .coUIdHbe at thesame.situation of!not:beinTable toget officers or keep officers'a year: from -now..He:suggestedthey,do something crazy andImmp-them up to .the-topand make them' proud to .beliere. Councilmember.:Dietz stated. he thinks!Ithey need to see the :numbers before:theyAnakeany decision. Councilmember Insalaco stated it appears this will be a never-ending battle with this continuing to go on and on.Out of the five that are in the academy now, how many will stay when they get out.They are here and they are gone.They need to do something now.He does not know if there will be a problem with the other departments REGULAR MEETING OF THE CITY COUNCIL , MARCH-6I, 2.007 PAGE. 29 OF '34 by allowing them to have more money but they need to do something.They are losing officers and that is something the city cannot afford to do.He asked the city attorney for his opinion. City Attorney Joel Stern stated he would have to look at the legal issues associated with giving preference over one department than others.There could be some legal issues there.He has not had a chance to digest all this information; some of it he has not seen before last night. Vice Mayor Eck commented they need to start with getting the data. Councilmember Dietz stated it is where they have to start instead of spending a lot of time going back and forth. Vice Mayor Eck commented he they:need:to get the -data and he disagrees -that they can take::one department:anciMaxIthem out and notdothat mdth other: departments.ItA.-s almostan'dnsult on the -rest -of .the organization If:themarket calls for it by 10b comparison, Showing It is ICAIower.than it was 2: years.ago than.:the. job is going with the market and'it -should show that If that happens,. therzhould, be able to:hire:At mid -range and comeiAipmith the, funds:,to take care ofsome of the compression issues Councilmember-Severs commented when they.are'gptting the data he ,would:like-to. see it broken idown : to the minimum..They need to:take:them up -to the maximuuLand give: them.whatithey are-asking:right=rnow. starting police officer ia.making•$23 an hournow.v.they are -putting their lives .on the line for us at)that -hourly irate.He would like them to look at it that way. Vice Mayor Eck commented he- is saying they need to start at the top. REGULAR MEETING OF THE,CITYCOUNCIL,,- MARCH,6,, :2007 - PAGE:30.:0E-34 Councilmember Severs stated they are asking for $48,000 a year, which is $23 an hour. Vice Mayor Eck commented that is the mid -range figure. City Manager George Hoffman stated they are recommending that the pay range start at $48,000 a year. There was general discussion on the pay range.It was determined it is not at the top but is mid -range.The top is in the 60's. Mayor Colemanclosed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION SE GIVEN TO STAFF ,REGARDING ATTRACTION AND RETENTION OF POLICE OFFICERS:THAT WE JUST FOLLOW GEORGE'S OPENING REMARKS AND GET ALL THE HARD NUMBERS AND HARD FACTS AND GO FROM THERE. City Manager George Hoffman stated he did not talk on the record about taxes.Councilmember Severs brought up taxes.He asked if they wanted to INCLUDE TAXES FOR RESEARCH AS WELL. Councilmember Dietz AMENDED HIS MOTION TO SAY SO MOVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.. 1286, ESTABLISHING LOCATIONS FOR "NO PARKING" SIGNS REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 31 OF 34 ON PUBLIC RIGHTS -OF -WAY ON CORTEZ ROAD )Public Works Manager Shane Kiesow briefed the council on the item.He stated was there to get any direction the council may have and give it to staff. Mayor Coleman opened the item to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ORDINANCE NO. 1286, ESTABLISHING LOCATIONS FOR "NO PARKING" SIGNS ON PUBLIC RIGHTS -OF -WAY ON CORTEZ ROAD:THAT WE LOOK INTO THIS AND PROCEED AND BRING IT BACK AND DO EVERYTHING THAT WAS DISCUSSED IN THE WORK SESSION. City Clerk Kathleen Connelly stated normally an ordinance is effective after 30 days. Vice Mayor Eck commented they had said they would like 45 days.They also wanted to have some prior notice to that and have Pat do some public relations.He then SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETINGADATES, 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, MARCH 19, 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, MARCH 20, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MARCH 6, 2007 PAGE 32 OF 34 Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Mayor Coleman adjourned the meeting at 9:01 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Special Meeting of February 8, 2007. 3. Acceptance of Minutes of Regular Meeting of February 20, 2007. 4. Ratification of Department Director Appointment. 5. Award of Guaranteed Maximum Price (GMP) for the Library -Expansion Project's construction services to Core Construction in anamount not to exceed $4,250,000.00. 6. Consideration of Appointment of Qualified Applicant to Health and Human Services Commission for a term to expire on June 30, 2008. ACCEPTED THIS 20TH DAY OF MARCH, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH, 2007. DOUGLAS! COLEMAN Mayor REGULAR MEETING OF THECITY COUNCIL MARCH 6, 2007 PAGE 33 OF 34 ATTEST: KATHLEEN CONNELLY City Clerk • CITY:COUNCIL:MINUTES_ CERTIFICATION' Iliereby certify,that'the:foregoing minutes,are!atrue and,• correct copy -of:therrtinutesof the regular'meeting -bf the City'. Council-of•the ,City,of.Apache ,Junction,.AriZona.-held on the 6th day Of March, 2007.L further certify that'themeeting was duly, called and held and:that.:aquorum waspresent- Dated this 14th day of March, 2007. KATHLEEN CONNELLY City Clerk REGULARMEETING OF THE CITY COUNCIL MARCH ,6,-, .2007 PAGE:34 :OF 34