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HomeMy WebLinkAbout2006-01-03 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 3,2006 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 3,2006,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 Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: (Vice Mayor Eck was absent.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Assistant to the City Manager Amy Malloy Others Present:Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 1 OF 35 Management Assistant Janine Solley Associate Planner Charles Beck Sergeant Theresa Rogers Accreditation Specialist Candi Nilles Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED:AND THAT ITEM NUMBER 18 BE MOVED TO DIRECTLY FOLLOW THE CITY MANAGER'S REPORT. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mrs.Brenda Severs presented a check to Interim Department of Public Safety Director Terry McDonald for Animal Control in the amount of $2,425 from the Starlite Café Halloween Bash.She commented they had created ARPRO,the adoption rewards program where business owners donate goods or services to anyone who adopts a pet from Apache Junction Animal Control.They currently have a dinner for two from Starlite Café,a free first-time office call and physical exam by Banfield Pet Hospital located at PetsMart at Power and McKellips,a free half-hour massage at Spiritual Realm on Idaho Road,25% off any pet grooming at Apache Tails on Idaho,and a 10% discount on pet supplies at Animal Kingdom at Superstition Springs Mall.They also collected a number of items for Animal Control at their Halloween Bash,including two top -mounted air conditioning units for the dog kennel area,air conditioning units for the future break room,a kitchen table and chairs for the break room,several cleaning items,feeding bowls,kennels,blankets,a doggie wheelchair valued at $200,and chain link fencing.Shania Severs also presented an award to the biggest donor of the Halloween Bash,Denise Holley. Mrs.Mary LeDoux presented a check to Interim Department of Public Safety Director Terry McDonald for Animal Control in the amount of $1,408 from the golf tournament hosted by Captain's. CALL TO THE PUBLIC Ms.Myrna Burdick,3833 N.Nodak,Apache Junction,addressed the council regarding the high rate of animals euthanized at Animal Control.She is hoping to offer the alternative of foster care and eventual adoption as other groups are now doing.She previously worked with an animal rescue group in REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 2 OF 35 California where they took animals from the shelters that were about to be euthanized,put them into foster care and were later adopted.They rescued approximately 1,000 animals a year.Her group will be meeting with Animal Control personnel next week to determine their concerns and procedures.They hope to meet with the Humane Society as soon as possible in order to put this program together. Mr.Wayne Standage,1920 E.20th Avenue,Apache Junction,addressed the council regarding PZ-21-05.He distributed a letter that he had filed with Planning and Zoning on November 3rd or 4th.It was not mentioned at their meeting of November 8th;it was finally given to them at the November 22nd meeting when he brought i t up.He requested the concerns expressed by himself and his fellow neighbors be addressed before a decision is made,and to please call him at home if they have any questions.He requested someone get back with him. Mr.Dan Wampler,455 N.Hilton Road,Apache Junction,addressed the council regarding the 800 megaHertz radio communication system.He spoke in support of the council decision to apply the CDBG grant funding to assist the city in join other valley public safety agencies to utilize the system.He understands this will allow members of police and fire departments to jointly respond and communicate with each other when responding to emergency calls. This is an absolute necessity for our city to grow with the surrounding communities.It will benefit our city.The city should agree to make this transition quickly;it will help the city come into the modern age of communication. Ms.Jennie Bell,2876 E.Virginia,Apache Junction,addressed the council regarding a Mesa Tribune article.She stated they published an article on 1- 2-06 stating that city officials could seek a municipal court search warrant or order properties that do not meet code to be cleaned up or demolished.I t states the city can also take out a lien against a property.She stated this speaks of Nazism to her.She does not think it makes sense and thinks i t is outrageous. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell stated there is no report other than Mr. Hoffman continues to be sick and he wishes the best to him. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 3 OF 35 COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS ANIMAL CONTROL FEES AND STAFF UPDATE ON ACTION PLAN )Assistant City Manager Bryant Powell briefed the council on the item.He commented 3 weeks ago staff presented some items and issues related to the Animal Control facility.Over the past few weeks the department director and the city manager have been meeting to come up with an action plan.Staff is seeking direction on the proposed action plan.Staff is comfortable with the plan proposed insofar as the budget and resources proposed for the plan. Interim Department of Public Safety Director Terry McDonald gave a presentation on the action plan.They have attempted to come up with some solutions to the problems currently at Animal Control.A lot of the information used came from contacts and information provided by the council.They broke it up into several different categories. His staff recommends facility enhancements of 4 air conditioning and heating units for the dog kennels to replace existing swamp coolers,costing approximately $16,000 to $20,000 including installation;replace the leaking water fixtures in the kennel runs at an estimated $2,200;partially remodel existing kennel runs at an estimated $11,193:plexiglass panels for use in between the kennel runs and cat condos at an estimated $14.000:fence and gate construction to designate the general population from the quarantine area at an estimated $250;the current expansion needed for 5 outside kennel runs at an estimated cost of $1.975;and the acquisition of 2 Tommy lifts to be installed on existing Animal Control vehicles to allow officers to load and unload large,heavy animals at an estimated cost of $1,500.The total facility enhancements are estimated at $51.100.He asked if the assistant city manager had mentioned that they have some funding for this. Assistant City Manager Bryant Powell stated they have funding in non -departmental under growth opportunities that would be enough to fund this. Interim Department of Public Safety Director Terry McDonald stated they are recommending the city move forward and hire a kennel assistant position that was approved but not funded in the 2005- 2006 budget.It would cost $33,187.This would allow them to take the current Animal Control officer who has performed these duties 40 hours a week REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 4 OF 35 and be utilized out on the street to respond to animal control calls.This would add 2,080 hours of additional coverage for animal control efforts.They have some student interns funded again this year who work about 19 hours per week.They help the office staff and kennel assistants.That is in the budget and is just shy of $10,000.They are also pursuing the use of volunteers from the Pinal County Volunteer Center and are looking at how they can improve their technology,such as multi -year licensing online.They hope to develop a job description outline and the duties and requirements for an onsite Animal Control supervisor position to be considered by the council in the 2006-2007 budget.They had the position this year but it was unfunded. If the revenues are there,they would like to fill the position this next budget year. Councilmember Sippel asked if they were paying the interns $9,800 each.He asked how many they have. Interim Department of Public Safety Director Terry McDonald stated they have 2 interns for a total of $9,800. Staff is recommending that they change some days of operation.They, are recommending the facility be open from Tuesday through Saturday.Saturday would be a day that would better enhance adoption of animals by the public. It could be implemented as a pilot program and assessed quarterly to determine if there are positive or negative effects on the service to the community. They looked at their current fees and they are in line with the industry standards in all areas except euthanasia.The current fee is $20 for an owner -requested euthanasia of a dog without disposal and $30 with disposal, and for a cat i t is $15 without disposal and $20 with disposal.They are recommending dogs over 40 pounds without a disposal at $40 and with a disposal at $50,dogs under 40 pounds without a disposal at $30 and with disposal at $40,and cats should be increased to $20 without disposal and $25 with disposal.No other fee changes are recommended.An ordinance must be adopted to make these changes.Records indicate that 243 animals were euthanized at the owners'request during the first 10 months of 2005:the proposed cost recovery would be $2,310,an increase of about 45%in the funds obtained.The new fees would help offset some of the service provided to the community. These changes along with the donations received tonight will make a significant difference to the facility. Councilmember Severs asked the recovery cost increased revenues would be generated over how long a period. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 5 OF 35 Interim Department of Public Safety Director Terry McDonald stated they looked at the 10 months of this year, looked at the dogs that fit in the category for the increase,and if those fees had been in effect it would have generated those recovery costs.He would like to get out of the euthanasia business,but the public comes to them for the service.He would like to get it more in line,making i t readily available to the public but recovering some of the costs at the same time. Councilmember Sippel asked what they have done with Animal Control's budget over the last few years,if it was increased and by how much. Assistant City Manager Bryant Powell stated the budget has been increased over the years.In FY 2000-2001 the operating budget for was $186,000.In FY 2005-2006 budget is $304,715. Councilmember Sippel commented they have been doing incremental increases over the years. Assistant City Manager Bryant Powell stated that is correct.They have been incremental similar to the operating budgets of other departments in the city. Councilmember Dietz asked if the incremental have to do with the cost of insurance,retirement plans and increases in salary. Assistant City Manager Bryant Powell stated that is correct.The increases have been similar to what has been seen in other departments.The increase here is only significant because the basis of $186,000 was so small,essentially doubling over a 5 -year period.That would not be seen in each of the divisions.However,there have been significant salary increases across the board. Councilmember Sippel asked if they had increased any positions in the last 5 years. There was general discussion on staffing increase.It was determined one position was added. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 6 OF 35 Mayor Coleman stated they are looking for direction to staff regarding implementing the action plan. Assistant City Manager Bryant Powell stated the majority of the items are within the purview of the city manager. They would need direction on the proposed fees and how they wish to proceed on the action plan. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Dietz MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING ANIMAL CONTROL FEES:THAT WE PROCEED WITH THE RECOMMENDED FEE ADJUSTMENTS THAT WERE JUST RECEIVED:THAT THE CITY ATTORNEY DRAFT AN ORDINANCE FOR THIS,AND HAVE STAFF BRING IT BACK. City Attorney Joel Stern stated i t would require a public hearing and an ordinance change. Councilmember Sippel commented this is just the fees. City Attorney Joel Stern stated that it depends on what the motion is.He asked Councilmember Dietz if he were through with his motion. Councilmember Dietz stated he was not. Assistant City Manager Bryant Powell stated it depends on what the motion is:if council wants them to move forward on the mid -budget year item they will. Councilmember Dietz commented they do have the funds for this. Assistant City Manager Bryant Powell stated they are available in non -departmental. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 7 OF 35 Councilmember Dietz added AND ALSO THAT WE PROCEED WITH THE FACILITY ENHANCEMENTS RECOMMENDED BY THE CITY MANAGER AND THE POLICE CHIEF. Councilmember Insalaco SECONDED THE MOTION. VOTE:5-1 (Councilmember Sippel voted in opposition.) The motion carried. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS )City Clerk Kathleen Connelly briefed the council on the item.She stated this is an annual request.The application has been reviewed by staff and there is no opposition.The applicant has been asked to be here this evening in the event council has any questions. Mayor Coleman requested the applicant address the council. Mr.Ronald Knies,chairman of the rotary club,addressed the council. Mayor Coleman commented they appreciated his being here in case there had been any questions.There being no questions,he opened the public hearing on the item.There being no on wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Insalaco MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS,FEBRUARY 24-26,2006,SUBMITTED BY RONALD KNIES,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 8 OF 35 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR INTERIM PERMIT.PERSON TRANSFER,LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB ) )City Clerk Kathleen Connelly briefed the council on the item.She stated there has been a change in ownership requiring a change in the liquor license as well.The golf club is located on South Ironwood south of the freeway.There are no staff objections based on the information received for the packet.The applicant has been asked to be present this evening in the event council has any questions. Mayor Coleman requested the applicant address the council. Ms.M'Lisa Mitchell addressed the council. Mayor Coleman thanked her for attending and explained they never know if anyone will have any questions about the report in the packet.There being no questions,he opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN INTERM PERMIT,PERSON TRANSFER,LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB SUBMITTED BY M'LISA JO MITCHELL BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 9 OF 35 VOTE:Unanimous. The motion carried. APPLICATION FOR INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR FILLY'S RESTAURANT & LOUNGE ) )City Clerk Kathleen Connelly briefed the council on the item.She stated this is also an ownership change warranting an application change and public hearing for Filly's Restaurant located on North Apache Trail.There are no objections based upon staff input as well as from the fire district.The applicant has been asked to be present in the event council has any questions. applicant address the council. the council. would be going through a remodel at all. would be staying the same right now. Mayor Coleman requested the Ms.Lisa Cassaday-Fleming addressed Councilmember Severs asked if they Ms.Lisa Cassaday-Fleming stated i t 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 Dietz MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,CORPORATION,SERIES 6 LIQUOR LICENSE FOR FILLY'S RESTAURANT & LOUNGE SUBMITTED BY LISA CASSADAY- FLEMING BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 10 OF 35 VOTE:Unanimous. The motion carried. ORDINANCE NO.1253,NONPRESCRIPTION PSEUDOEPHEDRINE PRODUCT SALES )City Attorney Joel Stern briefed the council on the item.He stated this was discussed at length.There will be a new article,8-13,with seven separate sections that include purpose, definitions,access and seizure,keeping of sales logs,prohibited sales, right to refuse to sell and penalty.He stated many other cities have done this since the December 6 meeting when the attorney general and county attorney appeared and gave testimony on the evils of methamphetamine.It will not solve the problem,however,it will assist in cutting down the availability of these products to the drug users and sellers. Councilmember Sippel requested the page showing methamphetamine users,from what they used to look like to what they turned into,that was in the magazine that had been passed around,be shown on the overhead projector so people can be shown why they are discussing this. City Clerk Kathleen Connelly stated there was a lady in the audience who gave her the magazine just before the meeting. Councilmember Sippel thanked her for bringing it.He commented that the gentleman in the middle showed that change after 3 months of using methamphetamine.The pictures send a message home. Mayor Coleman opened the public hearing on the item. Mr.Patrick Tighe,1150 N.Dobson Road,Chandler,addressed the council.He is the student body'president of Seton Catholic High School.He strongly supports the ordinance to restrict the purchase of pseudoephedrine products.He recently turned 18 and for 17 years of his life his older sister Kathleen has been addicted to crystal meth and many other illegal substances.At one low point in her life she made crystal meth from products contained in Sudafed and used her concoction every REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 11 OF 35 15 minutes of each day for 5 years.He has observed what drugs did to his beautiful,smart,and vigorous sister,and he has experienced the ripple effects of her addiction on his family.He is more aware of what a crystal meth addiction can do to a person and he is alarmed by the increasing number of his peers that are abusing crystal meth and other drugs.He suffers from many allergies and sinus problems and he is a regular user of Sudafed.In no way will this ordinance turn him away from purchasing the product.He feels that the citizens of Apache Junction and the city council must do everything in their power to make sure that products are being used for their intended purposes and not being abused and manipulated.In order to make a difference on the war on drugs,we have to make sure we are doing everything possible to limit any substance that contributes to the problem.He urged them to pass the ordinance for his generation,their children,their loved ones,and the well being and security of the citizens of Apache Junction. Ms.Gretchen Hankins,110 S.Amulet, Mesa,addressed the council.She is a leader with East Valley Interfaith, which is made up of 24 diverse institutions,including churches,schools and unions,that has been operating in the East Valley for about 10 years.They look for and train leaders within their institutions to participate in the public political process around issues that concern families in the East Valley.The pseudoephedrine and methamphetamine use and labs have been of great concern to them.They have many people in their institutions that have come to them with stories of labs in their neighborhoods and concerns for the safety of their children in school because of the drug use.They have been looking into this issue and have been encouraging cities throughout the East Valley to adopt resolutions and ordinances controlling the substance.The U.S.surgeon general has said that Arizona is number one in the usage of meth by children ages 12 to 17.Child Protective Services has stated that 30% to 35% of the labs have children present at the time the methamphetamine is being made,and that 60% of the children in their custody from Pima County come from meth homes.Meth abuse causes lethal medical,environmental and social problems.Citizens wind up paying for investigating and closing meth labs, making arrests,detention,providing addiction education for drug abusers,and the cleaning up of the labs.The latter are hazardous wastes.Injuries during meth lab busts occur and 51% of them are to first responders.They are concerned about what is happening to the people.About 3 weeks ago they met with members of the Mesa City Council and were told that i t is crossing all age and economic boundaries.They have found meth labs in $300,000 and $400,000 neighborhoods as well as lower income neighborhoods.They have also REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 12 OF 35 found an enclosed meth lab in Leisure World.The meth labs have become a leading drug -related local law enforcement problem.They commend Apache Junction for having the foresight to step forward with other cities in protecting the children and families.They know it is a large problem and this is only a step,but i t is something that can be done and is accessible to do.They also support the state response to this problem.They will have a citizens lobby present at the capitol when the legislature opens on January 9. They will be lobbying to have the state look at this problem. Mr.Robert Rivelas,Gold Canyon, addressed the council.He urged them to support the ordinance.He has seen the effects of abuse that this drug has had on a wonderful family in his neighborhood.No neighborhood is immune to this and he commended them for taking the steps to control this epidemic. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Waldron commented he would like to propose a change under Section 8-13-4,Subsection B.This concerns the log.He has had discussions with Walgreens who has taken the lead in this.Their company policy is even more restrictive than what we are proposing.Their concern,also expressed to Phoenix,is that the log books would be turned over quarterly to the police department and there would be no time to go through them unless there was a particular problem they would be looking at.They would therefore pile up.Phoenix is looking at 600 to 700 sheets a day of the log books.He would like.to change the text to read that "The log shall be available to law enforcement upon request for review and shall be submitted to the City of Apache Junction Police Department when requested by the Apache Junction Police Department.The submission can be made by manual or electronic means or by any other means the chief approves. The log is confidential and not subject to disclosure to any non -pharmacy employee,except law enforcement,by court order."Also,they are under requirement by the state pharmacy board to maintain these records for a period of time so they would still be available.Rather than the police department becoming a repository for all these logs,they will be available to them immediately upon request.Walgreens and Fry's are more than willing to comply with that.He thinks the change would actually benefit the police department. Target has a nationwide database where if you purchase pseudoephedrine at one REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 13 OF 35 store,you cannot even go to the east coast and purchase another.Walgreens is working on the same thing.It will not be an issue for much longer once the database is up and running. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1253 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1253,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT SECTION 8-13-4,SUBSECTION B,BE REVISED TO READ "THE LOG SHALL BE AVAILABLE TO LAW ENFORCEMENT UPON REQUEST FOR REVIEW AND SHALL BE SUBMITTED TO THE CITY OF APACHE JUNCTION POLICE CHIEF WHEN REQUESTED BY THE APACHE JUNCTION POLICE DEPARTMENT.THIS SUBMISSION CAN BE MADE BY MANUAL OR ELECTRONIC MEANS OR BY ANY OTHER MEANS THE POLICE CHIEF APPROVES.THE LOG IS CONFIDENTIAL AND IS NOT SUBJECT TO DISCLOSURE TO ANY NON -EMPLOYEE EXCEPT LAW ENFORCEMENT OR BY COURT ORDER." Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.06-01,DECLARING AS A PUBLIC RECORD PURSUANT TO ARIZONA REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 14 OF 35 REVISED STATUTES ANNOTATED SECTION 9-802, A CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE,VOLUME I ,CHAPTER 9, HEALTH AND SANITATION,AND DECLARING AN EMERGENCY/ORDINANCE NO.1255,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I,CHAPTER 9,HEALTH AND SANITATION":PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED 9-802 )Mayor Coleman stated they would be considering these two items together,but they would have separate motions. City Attorney Joel Stern briefed the council on the items.He stated in order to avoid publication costs,state law allows a city to identify a certain document in the city clerk's office in the actual resolution and ordinance and state it can be seen at the city clerk's office rather than publishing the whole thing which would cost thousands of dollars.I t is typical of long documents.Resolution No.06-01 declares as public record the actual amendments.I t shows the changes in Chapter 9,including the new property maintenance standards,which the council has already ruled on,taking the advisory committee's recommendations.I t also shows the strikeouts of the current chapter which are inconsistent with property maintenance standards.The ordinance adopts the document by reference,which essentially says the document can be seen at the city clerk's office.Both documents have an emergency clause.If they are passed tonight, it will be effective tonight.The education process can start immediately. There was direction to staff to start the education process,but without the ordinance being in effect,that directive was not in effect.I t is good to have the emergency clause so that things can start immediately.The effective date of the actual language is still July 1,2006.There will be an education process before that.They can also have additional public hearings,internet information,or publicity pamphlets if council desires.He could go through each section if they would like him to do that,but they have been through this multiple times in public. Mayor Coleman asked if the effective date is July 1,2006. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 15 OF 35 City Attorney Joel Stern stated that is correct. Mayor Coleman commented they would be educating the community between now and July 1 on the ordinance,the expectations and what is real or not real. City Attorney Joel Stern stated that is correct. Mayor Coleman asked if he would address the question given at call to the public.He recalls an instance where there was a bar at the corner of Meridian and Broadway.It had been abandoned for many years and was a public hazard:kids were going in and playing.The wood was rotten inside.Rather than have the taxpayers pay to have the building removed,which had been abandoned and declared a nuisance, the city did that and attached a lien to the property so that the citizens did not have to pay the costs.When the property was sold or auctioned off,i t would come out of the sale.He believes that is what this provision provides for. City Attorney Joel Stern stated that is correct.Mrs.Bell brought that up.He does not know what is printed in the paper.The law already provides for the same procedure,this just outlines it a little better.The law does allow that if there is a code violation on the property,for example a dangerous building,meaning the building is a hazard to the public,is falling and is not fenced,the city has a right to go into the building with a warrant.That warrant means they have gone to a judge who has looked at the code compliance officer's notes, records,recommendations and notices given to the property owner,who would have been put on notice already of the problem and would have a certain number of days to fix it;if not fixed the city will abate the problem,or fix it. Mrs.Jennie Bell asked if this exists at the present time. City Attorney Joel Stern stated i t does.I t is already in the law.This draft defines i t a little better. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 16 OF 35 Mrs.Jennie Bell stated i t is a little too broad in her opinion.She asked why the city is reassessing it or expanding i t if it is already in the books. City Attorney Joel Stern commented they are not really in the public hearing portion yet but he will go ahead and respond to that with their approval. Mayor Coleman requested he respond. City Attorney Joel Stern stated there was 'a lot of compromise with the proposed law,deduced from the public meetings.If she had been to the public meetings,she would have seen there was a lot of compromise.I t is one area that they did talk about.To really define the issues of lien,it would need to be brought out more than the current code.The lien is in several sections of the code,like the abatement for dangerous buildings and the building code.Putting this in one place makes it actually more focused.I t is not as broad as it seems;one has to read the actual law.He added he could make her a copy of the law if she did not have one. Mrs.Jennie Bell stated she would appreciate that. City Attorney Joel Stern stated there might be some out there now,but once she reads i t she will see i t is not that broad.I t is specific as to what can happen if a property owner says he does not want to do anything or he ignores the city and does not care about the hazards. Mrs.Jennie Bell stated she understands what he is saying but she is saying that someone could have a 2' by 4'shack that looks neat and clean from the outside,and no one is going to say anything.Someone else could have a fairly decent -looking property that has weeds and i t sounds too broad.She does not understand from what he said why there has to be a change from what we already had.No one wants a hazardous piece of property next door or something they can tell is falling down or that street people are staying in.But i t sounds to her that they are broadening it out to make i t unfair to certain individuals. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 17 OF 35 City Attorney Joel Stern stated he understands the issue of due process,however,under this current version,the due process is actually higher than under the old process.This is more spelled out,the notice that one receives on a violation is spelled out exactly.It takes away some of the discretion on how many days they can actually give a person.If the city is going to go to a lot of expense before they actually go and get a warrant,it will take a lot of effort on the code officer to do any of that. Mrs.Jennie Bell asked if that is spelled out in the ordinance. City Attorney Joel Stern stated i t is.I t is in there and he could show her during the break.The lien process is currently in the law;the lien is allowed and something the city should be using because all taxpayers are paying for it.I t is good to have so that when the property is sold,the lien would get paid to the city before the property gets transferred. Mrs.Jennie Bell stated i t is a matter of her being a young child and she remembers the people who were discriminated against in World War II.They had their homes and businesses taken away.She does not think the city needs to follow that route.This may or may not be too broad as she has not had the opportunity to read what he is talking about.I t sounded like it could be discrimination if certain people desired it. City Attorney Joel Stern added there was one section that was heavily debated.The language put i t in was "The code shall be fairly,sensibly,consistently,and reasonably applied by enforcement officers."I t insures due process required in the implementation of this code. City Clerk Kathleen Connelly stated about 20 years ago,she was assigned by city code the code complaint process for violations like litter and debris.She literally did hundreds of those, but she can only think of two instances where they got to the point of filing a lien. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 18 OF 35 Mayor Coleman asked if that was one of them. City Clerk Kathleen Connelly stated it was not.That was done after it was no longer her responsibility. Councilmember Dietz commented that was 2 instances in 20 years. City Clerk Kathleen Connelly stated it was 2 instances out of the hundreds that she did. Mayor Coleman opened the public hearing on the items.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.He thanked the 3 councilmembers who served on the advisory committee,taking all the public input,trying to look out for the entire community and determining what would be best for moving the city forward.He appreciated the hard work and hours put in on this. City Attorney Joel Stern reminded him that there would be separate motions on both items. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO.06-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED ("A.R.S.")SECTION 9-802.A CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I,CHAPTER 9,HEALTH AND SANITATION":AND DECLARING AN EMERGENCY,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 19 OF 35 Councilmember Severs MOVED THAT ORDINANCE NO.1255 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Severs MOVED THAT ORDINANCE NO.1255,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. minute break. meeting. OLD BUSINESS None. NEW BUSINESS PZ-24-05,REZONING REQUEST BY AZIZ HELAL OF CRESCENT MOON ENTERPRISES FROM GR TO CR-5/PD FOR THE PURPOSE OF DEVELOPING A 30 -UNIT TOWNHOME SUBDIVISION REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 20 OF 35 Councilmember Dietz SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is for 2 lots at Ironwood Drive north of Apache Trail.The lots are about 2.2 gross acres.He wants to do a 29 -unit townhome development.A couple of months ago he proposed a mixed use development but the council denied the request because they felt it was too intense for the lots.There were also neighborhood concerns about drainage,guest parking,intensity and two-story buildings next to one-story homes.Mr.Helal now proposes to go all residential,with the original proposal calling for 30 units but after the planning and zoning commission work session it was whittled down to 29 units to provide some usable open space.He described the area and proposed development.The unit deleted was replaced with a play area and pool and there is no connectivity with neighbors to the north and east.The main tradeoff for this is a lush landscaping package along Ironwood Drive.The general plan calls this area transitional; staff believes a couple of goals are supported by this proposal.The intensity was a concern earlier and has been decreased,but they are still getting protests from neighbors opposing the development of the townhomes for the same reasons given earlier.Staff and the planning and zoning commission are in favor of the proposal.He listed the planned development deviations. Each unit will have its own personal open space.He would like to build two- story buildings within 34'of the nearby church property.The normal open space requirement for this number of units is 15%;Mr.Helal is proposing about 6% concentrated in 2 areas with the tradeoff being personal open space. Copies of the neighborhood input were included in the packet,including 2 protest petitions;there are currently not enough protests submitted to require a three-quarter vote of the council.He listed the staff recommendations of approval. Mayor Coleman asked if building 5 and 6 on the east side would be one story and not two. Senior Planner Rudy Esquivias stated that is correct.He gave a description of the elevations and the parking spaces. Councilmember Dietz asked if each unit has a 2 -car garage and 2 guest parking spaces. Senior Planner Rudy Esquivias stated the central units have 2 -car garages and 2 guest parking spaces.The units REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 21 OF 35 along the east have 2 -car garages and additional guest parking spaces in the center.There is also driveway guest parking.There is a total of 44 guest parking spaces. Councilmember Severs commented he respected his persistence and willingness to work with everyone in the community on this.He hoped they could move forward on his project soon. Mayor Coleman commented there are 3 letters of protest thus far. Senior Planner Rudy Esquivias stated there are 3 submitted petitions and 2 of them fall within the 150'area and are valid petitions,counting towards the 20% mark.If they get some more petitions from owners within 150',they will be looking at a three-quarter vote. Mayor Coleman encouraged him to follow the guidelines that are in place. Senior Planner Rudy Esquivais stated Mr.Helal is committed to doing that. This was a discussion item only. Mayor Coleman closed the discussion with no further comments and moved on to the next item. PZ-25-05,REZONING REQUEST BY GLEN & KRISTEN REILEY FROM GR TO R1-43/PD FOR THE PURPOSE OF SPLITTING INTO 2 LOTS SLIGHTLY SMALLER THAN 1.25 ACRES AND BUILDING CONVENTIONAL HOMES )Senior Planner Rudy Esquivias briefed the council on the item.He stated the property is located in the southeast area of Smoketree and Meridian.The applicant owns a 2.42 acre lot, just shy of 2.5 acres because of the survey adjustment done at the township line,which is Meridian,making the lots adjacent to it a little bit smaller than other quarter section lots.They would like to divide their property and a planned development was suggested since they cannot divide down to 1.25 acre lots.The applicants are agreeable to that and to limiting it to conventional REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 22 OF 35 homes.Their application states they plan on building homes no smaller than 3,000 sq.ft.in size.One lot has access on Meridian,the other on Cedar. The general plan calls for low density;the tradeoff is front yard landscaping packages.The commission recommended a special condition to allow these properties to have horse privileges.Staff and planning and zoning recommend approval. Mayor Coleman stated Cedar does not go all the way down through to Tepee. Senior Planner Rudy Esquivias stated the federal patented easements are there but all of the roadway segments may not necessarily be there.In this case,they will get to Smoketree from Cedar. This was a discussion item only. Mayor Coleman closed the discussion with no further comments and moved on to the next item. PZ-26-05,REZONING REQUEST BY KIRK & JULIE HOWARD AND SHAWN & KIMBERLY LAMBERT FROM GR TO R1-43/PD FOR THE PURPOSE OF SPLITTING INTO 2 LOTS SLIGHTLY SMALLER THAN 1.25 ACRES AND BUILDING CONVENTIONAL HOMES )Senior Planner Rudy Esquivias briefed the council on the item.He stated this is the same thing as next door.It is the same thing except the roads dedicated will be Meridian. Smoketree and Cedar.They will have a choice for what they want to call their front yard. Mayor Coleman opened the item to council discussion.This is a discussion item only,and there being no discussion,he closed the discussion with no comments and moved on to the next item. CASE PZ-21-05,PLANNED DEVELOPMENT REZONING REQUEST BY DENNIS MCCORMICK ON BEHALF OF CHRIS BAKER TO REZONE A 5 GROSS ACRE PARCEL FROM GR TO CR-3/PD FOR REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 23 OF 35 THE PURPOSE OF DEVELOPING AN 18 -LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 19TH AVENUE ALIGNMENT AND WICKIUP )Senior Planner Rudy Esquivias briefed the council on the item.He stated the staff report that went to planning and zoning on November 22,2005,was primarily based on the applicant's original request.This is for a single family subdivision.They were proposing a cul-de-sac off of Wickiup Road.He described the surrounding area.The applicant wants to take advantage of the general plan which designates this as medium density.The main issue is the request to abandon the rights -of -way for Vista,18th Avenue and 19th Avenue.Staff had advised them they would only be amenable to abandoning Vista;it does not already exist in certain segments.Staff and the commission felt the rezoning was . okay but they are not in favor of the plan due to the road abandonment issue. The commission recommended approval subject to the conditions in the staff report which he listed.The commission did not recommend in favor of this plan but they did recommend in favor of the rezoning subject to the conditions.The applicants have now come in with a revised concept which works out better.I t keeps 18th Avenue and 19th Avenue and abandons Vista. They will be doing the street improvements on the two avenues but they are requesting a slightly narrower right-of-way than typical.They are asking for 25'instead of 33'for the right-of-way.They will also construct Wickiup and have two internal cul-de-sacs.He described the proposed development.There are also issues on drainage,views,and two-story homes by one-story homes. Planning and zoning recommended in favor and staff is in favor of the project. council discussion. commission had seen the new revision. he did not know,but he will find out. Mayor Coleman opened the item to Councilmember Insalaco asked if the Senior Planner Rudy Esquivias stated Councilmember Insalaco asked if they are putting two-story homes in a certain area. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 24 OF 35 Senior Planner Rudy Esquivias stated the commission restricted the development to one-story homes.That is one of the conditions. any elevations yet. he did not. put a good-sized home on that lot. that is correct. Councilmember Severs asked if he had Senior Planner Rudy Esquivias stated Councilmember Sippel stated they can Senior Planner Rudy Esquivias stated Councilmember Insalaco stated two- story homes in that area would not be good. This was a discussion item only. Mayor Coleman closed the discussion with no further comments and moved on to the next item. INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION ENHANCEMENT PROJECT (TEA- 21)AT IRONWOOD DRIVE AND U.S.60 ) )Interim Business Advocate/Assistant to the City Manager Amy Malloy briefed the council on the item.She stated the city's main obligation is to maintain the area,keeping i t free of weeds and debris throughout the duration of the improvement of the Ironwood exit for U.S.60 and through their lifespan.Parks and recreation are aware of it and have included it as a budgetary item.She received an email this morning from the Arizona Department of Transportation giving us the cost:it will fall in close to the $455.000 amount.That was a previous concern.They will also be providing new graphics as well as samples of the colors of the decomposed granite that will be used for the interchange.She will have that available for the January 17 meeting. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 25 OF 35 Councilmember Sippel asked if she has a start date. Interim Business Advocate/Assistant to the City Manager Amy Malloy stated they are at 95%completion with the design.They are on schedule to begin construction in early spring and complete construction in late summer or early fall. Councilmember Dietz asked if they are entering into an agreement without seeing the design or the color aspects. Interim Business Advocate/Assistant to the City Manager Amy Malloy stated the basic concept they have seen,which is the gila monster,but the specifics have not been made available yet.This agreement is basically for the city to agree to do the maintenance of whatever concept is placed on the interchange.City staff has been made aware of this since the beginning.I t is not necessarily crucial for them to have the exact design in order to move forward. Assistant City Manager Bryant Powell stated the city has them on record as saying they will bring forth the colors and will not go away from what the council wishes.They will be able to continue to work with them in partnership. Councilmember Dietz commented he is afraid of bright orange. Assistant City Manager Bryant Powell stated they are very aware of that.It was an initial picture that was done a long time ago.That will not be brought forth. Councilmember Severs commented everything is still upon council approval,even though the agreement is signed. Assistant City Manager Bryant Powell stated that is correct.If they were to bring forward a color design that the council did not like,he hoped they could work with them on the color and come to an agreement on what i t should be. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 26 OF 35 Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION ENHANCEMENT PROJECT (TEA -21)AT IRONWOOD DRIVE AND U.S.60 FOR ANY AMOUNT THAT EXCEEDS $455,000.00:AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. BID FOR PROJECT PW 2005-11,TRAFFIC SIGNAL MAINTENANCE SERVICES )City Engineer Ron Grittman briefed the council on the item.He stated they do this bid every few years to do significant traffic signal maintenance:anything over and beyond the capabilities of staff.They have gone out several times with the pre-emption project.One of the things they will be doing with this,once approved,is to begin negotiations of doing a signal by signal,under the limitations of this contract,3M opticom installation traffic signal pre-emption system.They will be doing i t intersection by intersection until they run out of money, whereupon they will then budget the rest of it in the following year. Councilmember Waldron commented Salt River Project had been talking about replacing the incandescent lights to the LED.He asked if this includes that or is i t separate. City Engineer Ron Grittman stated that is separate.That is being done through Siemen's contract. Councilmember Waldron asked if the city is in the process of doing that. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2.006 PAGE 27 OF 35 City Engineer Ron Grittman stated he believed they are working on it. Public Works Manager Shane Kiesow stated that work is completed. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE AWARD OF BID FOR PROJECT NO.PW 2005-11,TRAFFIC SIGNAL MAINTENANCE SERVICES, BE AWARDED TO JILLOTTI ELECTRIC SERVICE COMPANY,INC.IN THE RATE AMOUNTS AS SUBMITTED IN THE DECEMBER 20,2005,BID PROPOSAL BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SCOPE OF WORK FOR ENGINEERING STANDARDS AND GUIDELINES )City Engineer Ron Grittman briefed the council on the item.He stated there will be a series of up to 10 chapters in our guidelines,including general requirements,stormwater management,transportation,potable water,waste water,landscaping and recreational facilities,site development,subdivision,and as -built in.They will lay the groundwork for the proposed development to the south as well as incorporating some of the characteristics that the council has expressed for the existing areas of the city.For example,under street geometrics,there will be both existing designs to accommodate the existing streets as well as coming up with rural street standards to be applied to areas within the "Y" and any other areas they designate rural areas.It will also determine master planned communities and the issue of public versus private streets.They have a subcommittee that will be going through this chapter by chapter,proposing and constructing the guidelines on an individual basis.The guidelines will be based on other cities that have gone through explosive growth.If they cannot negotiate a price within the city budget with Kimley-Horn and Associates,they will move on to firm number two. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 28 OF 35 Councilmember Insalaco asked if they had an estimate on what this could run the city. City Engineer Ron Grittman stated Kimley-Horn's first number was a little over $300,000.He told them that was not acceptable and they would have to go back and find some places to lower their price.Their suggestion was to reduce the scope and he told them he would then move on to firm number two.Kimley-Horn is going back over their proposal. Councilmember Insalaco asked i f there were a way to get another city's plan that they could use. City Engineer Ron Grittman stated he already has gotten them all.The guidelines will be based on them as much as possible.They will plagiarize what others have done,but i t has to be customized to what the city is and what it wants to become. Councilmember Insalaco asked if the price would come down if our staff does all the work. City Engineer Ron Grittman stated there is a phenomenal amount of work going into this.I t still has to be created for Apache Junction.There is a tremendous amount of work that has to go into it.His estimate is $180,000 to $200,000;Kimley-Horn is significantly over that.Pinal County is doing something now on just the materials side of the guidelines;their quoted price was a little over $302,000.They are not reinventing anything;they are melding what Tucson is doing and what is being done in the Maricopa Association of Governments area. It sounds simple,but i t is an extremely difficult and cumbersome process to go through to customize it. Councilmember Sippel asked what the lifespan is of the document. City Engineer Ron Grittman state the last guidelines were adopted in 1995.It will last for a long time. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 29 OF 35 Assistant City Manager Bryant Powell asked what the down side would be of cutting and pasting the other cities' guidelines. City Engineer Ron Grittman stated they would end up with a fair amount of conflicts because they do not build the exact same way that we are going to do.If they even went to Mesa and adopted theirs,you would see Mesa development coming this direction.Mesa does not have a rural component and it has a totally different feel to what they are doing as far as what Apache Junction wants to do with its master planned communities down to the south.At the same time,Avondale does not have a significant downtown,and Apache Junction will be developing guidelines that reflect a roadway that is consistent with a downtown area such as 15'to 20'sidewalks,landscaped things in the public right-of-way that do not possess increased liability for the city,and things similar to the Phelps Drive project.However,Phelps Drive does not fit in any of the guidelines the city has today. This was a discussion item only. Mayor Coleman closed the discussion with no further comments and moved on to the next item. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS LOCATION OF INFORMATION AND REPORTS ITEM ON REGULAR AGENDA AND THE NECESSITY OF THE COUNCIL DIRECTION TO STAFF ITEM (ITEM K ON REGULAR AGENDA) )Mayor Coleman asked Councilmember Severs if he was proposing to move Information and Reports to earlier in the agenda. Councilmember Severs stated he would like to see it with Awards and Presentations,either before or after,so that there is more attendance at that time.The community would be more informed of what they are doing. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 30 OF 35 Mayor Coleman asked if the city clerk had a concern with Item K. City Clerk Kathleen Connelly stated she and the city attorney have had concerns about that since its inception. Her personal opinion is that i t is dangerously close to an open meeting law violation.She would feel more comfortable if it was not there. City Attorney Joel Stern stated the agenda could be updated to the current law.When Item K was put into place, the law was a little different as to Call to the Public.He does not feel that Item K is necessary after the changes to Call to the Public.There are a few other ambiguities within the actual code sections;it was last amended in April 1986.To fit these changes into this code provision,he was asking for permission to redraft Section 2-4-6 for the Order of Business and bring i t back for council to determine what order they want things in. Councilmember Insalaco commented he would like to see Information and Reports after Call to the Public. Councilmember Waldron agreed. Councilmember Sippel agreed. Mayor Coleman asked Councilmember Severs if moving Information and Reports to after Call to the Public and before the City Manager's Report would be acceptable. CouncIlmember Severs stated it was. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE LOCATION OF INFORMATION AND REPORTS ITEM ON REGULAR AGENDA:TO BE MOVED TO JUST BELOW CALL TO THE PUBLIC. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 31 OF 35 Mayor Coleman stated he could perhaps include in his motion THAT THE CITY ATTORNEY BE GIVEN THE AUTHORITY TO MAKE THE CHANGES AS WE DISCUSSSED AS FAR AS ITEM K. City Attorney Joel Stern commented TO ALSO POSSIBLY REDRAFT SECTION 2-4-6 TO BRING IT MORE UP TO DATE WITH THE CURRENT STATE LAW ON AGENDAS. Councilmember Severs stated TO AMEND THE MOTION AS THEY SAID. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COMPRESSION "JAKE"BRAKES )City Attorney Joel Stern briefed the council on the item.He stated they last talked about the ability of the city to regulate these types of brakes.They could change the city code and they could outlaw them within the city on certain streets or in the city completely.From an enforcement standpoint,there is concern that the only way they could enforce the code was to have a police officer witness it.The police officer is the only one who has the authority to pull over a truck and state the driver is using the brakes and that he has heard them.Although other cities have regulations on this,enforcement may be difficult unless they have special details that go out and enforce the law.It would be spot checking.He has talked to the interim chief on the enforcement issue and he has stated they would respond to other calls that come in before responding to brake noise.They have to prioritize what they would like to do. Mayor Coleman stated he does not personally believe this is an item they should pursue. Councilmember Insalaco agreed. Councilmember Severs commented he wondered if it would be possible to post a simple sign in certain areas where REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 32 OF 35 they have been getting complaints.The sign would request that they not use the brakes.He does not know what the expense would be.If it becomes more of a problem,they could post a sign stating please do not use jake brakes in this area.They could keep i t simple but make an effort if the problem becomes worse. Assistant City Manager Bryant Powell suggested they could look at different types of designs and their cost. City Attorney Joel Stern stated i t is not a legal issue at this time but an administrative issue.The city manager can direct the public works department to make signs that have the appropriate language that he could work with them on.It would not be enforceable.They also should not be using the term "jake"brakes,as i t is copyrighted.I t should be compression brakes. is something they would entertain. Councilmember Severs asked if that The consensus was they would. City Clerk Kathleen Connelly commented on Lindsay Road just south of Baseline on the west side there is a sign that says "No engine braking".There is no reference to a city code section.I t is a polite request with no enforcement. that is what they should use. look at the cost to see what is involved. would like to look into it. Councilmember Insalaco commented Councilmember Dietz suggested they Councilmember Severs commented he Mayor Coleman closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 33 OF 35 Councilmember Severs MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING COMPRESSION "JAKE"BRAKES: TO LOOK INTO THE COST OF POLITE SIGNAGE JUST AS A COURTESY. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz stated since the city offices will be closed on Monday,January 16,2006,in observance of Civil Rights Day,no work session will be held.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,JANUARY 17,2006,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:18 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 6,2005. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 34 OF 35 ACCEPTED THIS 17TH DAY OF JANUARY ,2006,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JANUARY ,2006. ATTEST: KATHI FEN CONNFI I Y City Clerk DOUGLAS COVEMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 3rd day of January,2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of January,2006. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 3,2006 PAGE 35 OF 35