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HomeMy WebLinkAbout2005-08-16 City Council Regular MinutesCITY COUNCIL REGULAR MEETING AUGUST 16,2005 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on August 16,2005,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 Pastor Mark Friedrich gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Eck 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 (arrived 7:15 p.m.) Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Public Works Director Doug Dobson Others Present:Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 1 OF 38 Assistant Planner Noel Griemsmann Management Assistant Janine Solley Grants Specialist Roger Hacker CDBG Administrative Assistant Melinda Larson ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT DALE C.COLLIER AND PHIL J. ROGERS BE APPOINTED AS DEPUTY CITY MAGISTRATES FOR THE TERM OF AUGUST 16.2005 THROUGH AUGUST 15,2007:AND THAT CHARLES J.ADORNETTO,E.EVANS FARNSWORTH AND NORVAL C.JESPERSON BE APPOINTED AS MAGISTRATES PRO TEM FOR THE TERM OF AUGUST 16,2005 THROUGH AUGUST 15,2007;AND THAT THE STREET LIGHT IMPROVEMENT DISTRICT ASSESSMENTS SENT TO PINAL COUNTY FOR YEAR 2005-2006 BE RATIFIED;AND THAT A VEHICLE PURCHASE THROUGH STATE CONTRACT FOR THREE CROWN VICTORIA PATROL CARS FOR THE POLICE DEPARTMENT AND ONE FULL-SIZE PICKUP TRUCK AND ONE ISUZU ALL-PURPOSE MAINTENANCE TRUCK FOR THE PARKS AND RECREATION DEPARTMENT IN A TOTAL AMOUNT NOT TO EXCEED $112.437.48,BE APPROVED;AND THAT A VEHICLE PURCHASE THROUGH STATE CONTRACT FOR TWO FULL-SIZE PICKUPS,ONE "HYBRID"FORD ESCAPE AND ONE ISUZU ALL-PURPOSE MAINTENANCE TRUCK FOR THE PUBLIC WORKS DEPARTMENT IN A TOTAL AMOUNT NOT TO EXCEED $85,807,BE APPROVED; AND THAT RESOLUTION NO.04-15.A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PRELIMINARY PLAT FOR MONTEREY CASITAS,A RESIDENTIAL SUBDIVISION,IN CASE SD -1-04,BY RICHARD RANDALL,BE APPROVED;AND THAT THE DATA ACCESS AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF MOTOR VEHICLES AND THE CITY OF APACHE JUNCTION FOR ELECTRONIC DATA ACCESS BY PARK RANGERS AND CODE ENFORCEMENT OFFICERS BE APPROVED;AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO SIGN THE AGREEMENT SUBJECT TO FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 2 OF 38 VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mr,Kevin Adam,the legislative director of the League of Arizona Cities and Towns,gave a 2005 legislative update and presentation on the role and responsibilities of the League.He passed out a handout of an overview of the major legislative issues that were deliberated this past year that impacted municipalities.He also gave out a handout summarizing all the bills that were enacted that could have any sort of municipal impact.The general effective date for bills passed in 2005 was August 12,2005,unless specified otherwise.In addition,he handed out three one -page fact sheets regarding bills passed that will probably have the most implementation challenges.He commented on more people being elected to the legislature that have a more anti -municipal sentiment,state -shared revenues,limiting the ability to negotiate cable license agreements,local tax incentives,county island legislation,condemnation of property,development fees,and blue stake reform. Vice Mayor Eck asked who brought the blue stake reform up. Mr.Kevin Adam stated the stakeholder group was essentially the contractors. the excavators and the utilities. Vice Mayor Eck asked if they are willing to do the laterals from the homes, specifically Southwest Gas. Mr.Kevin Adam stated because of the safety implications,they already mark their own lines.The marking is limited to the right-of-way,not private property. Vice Mayor Eck commented if they are talking laterals,they have to go on private property. Mr.Kevin Adam stated they are only marking where the laterals are on the street.The marking requirement does not apply on private property. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 3 OF 38 Vice Mayor Eck commented this seems to be a legislative trend.So many of the legislators are former mayors or council members.I t appears there is a different philosophy once they get downtown.He does not understand why things are turned into towns and cities versus them.He asked if they have incredible plans proposed to take the place of things,such as the tax incentive issue,or if they are just against towns and cities. Mr.Kevin Adam stated that is a complex question.He thinks there are a lot of things in play.While i t is true there are a lot of former mayors and council members in the legislature that introduce anti -city legislation within 2 years of getting elected to that body,i t is also true there are many former locally elected officials who continue to be very supportive of cities and towns. Vice Mayor Eck commented one of them that represents our area asked that we stay in contact with them,to let them know the city's needs.He thinks they are doing that.He thinks they need to go to the next level this next term and really let them know our feelings,and they need to let those who are doing the job for them know that they are being appreciated. Mr.Kevin Adam stated they need to stay engaged with the legislators.The more they understand and recognize the impact of the bills they are introducing on a city's ability to provide the services to the public the better. Vice Mayor Eck commented he is not criticizing them,but something does change.One of the comments made to him about the cable issue was that the legislature was told that it would be better for the little guy. Mr.Kevin Adam stated it would take a lot of creativity to twist the cable legislation to be on behalf of the little guy business.The cable industry continues to generate profits.They are under a lot of criticism at the federal level.They are hoping that a reform at the federal level will not necessarily be bad.When they provided deregulation to the industry in 1996, it was supposedly for the benefit of the consumer;the rates were supposed to be lowered.That has not happened.The rates have not gone down and the profits have soared. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 4 OF 38 Vice Mayor Eck commented they are now in the telephone business.He commented the only telephone companies not regulated by the Arizona Corporation Commission are cable. Mr.Kevin Adam stated that is another interesting point.They decided i t would not be in their best interest to be regulated by the Arizona Corporation Commission.and that gives the cities the ability to negotiate at the local level. Vice Mayor Eck commented he would be staying on top of this more.He thanked him for his time and information. Mayor Coleman commented he believes this falls back to the Jack DeBolske theory of government levels.They are okay on the city council,but when they are elected to the state level the cities are the ones that have to be guided and taken care of.States are against federal mandates,but state mandates to the cities are okay. CALL TO THE PUBLIC Mrs.Tess Nesser,1511 S.Cactus,Apache Junction,addressed the council with a reminder that this Saturday is the Apache Junction Boys and Girls Club 13th Annual Corwin Brundrett Bowl-A-Thon.The lanes have all been sold and the teams are full.She commented she had raffle tickets for a computer and information on the event.She would give a free raffle ticket for a donation. Mrs.Sandie Smith.Pinal County Supervisor,575 N.Idaho,Apache Junction, addressed the council regarding a referendum they are attempting to get on the ballot for 2006.It will preserve a lot of the foothills in the Superstitions.It will also allow State Land to give land for right-of-way for roads if it is value-added.They are working to build teams to go out and get the signatures.She commented that while she is dealing daily with citizen concerns,she frequently talks to city staff.She commended the assistance she has gotten from the council,city manager,assistant city manager,city clerk,city attorney,public works director,code compliance, planning and development,especially Rudy Esquivias.the planning and zoning commission,city engineer,economic development specialist,parks and recreation director,library,chief of police,and the receptionists. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 5 OF 38 Mr.Russ Speck,1107 N.Gold,Apache Junction,filled out a request to speak form but declined to speak. Ms.Patricia Beasley,1428 W.Greasewood,Apache Junction.addressed the council regarding the blockage of the natural flow of water by the home at 1289 W.Roundup.She passed out some handouts.Two waterways have been blocked by the property at 1289 W.Roundup,and that is affecting the people on Roundup,Ironwood,Gold and on Greasewood.She does not know what can be done,but they have been going through this since 1996.Doug Dobson has come out and walked it out with her.Councilmember Severs came out and walked through 2 feet of water.Under state law,i t is illegal to fill in a wash and cause an adjacent property owner a problem that he would not have had had the wash not been covered.The subject property was raised 5 feet:a mobile home was brought in on July 4 when all the public offices were closed.Something has to be done.She cannot get out of her driveway.She is bordered by Gold and Greasewood.There is 2 feet of water that rages and the intersection at Gold and Greasewood is totally flooded.She commented Mr.Speck is affected by part of the wash that has been blocked off but the water is trying to seek its way back through there.It is undermining his shed.The Specks have spent $7,000 trying to get the yard in order.The property used to belong to the Hughes':it was a lovely piece of property but i t is being destroyed by the problems the homeowner at 1289 W.Roundup has caused. Ms.Patricia Bricker,767 N.Thunderbird Drive,Apache Junction,addressed the council regarding flooding and road improvement.She gave them some copies of letters.She moved to her current location in 1975 and never had a problem with flooding.A wash came across the desert through her backyard and down her driveway to the natural wash.They started having more problems when La Siesta Mobile Home Park was built.The churches and drainage were then built that were supposed to take care of the problem.It caused more problems instead.They met with the city about 13 years ago and were told a natural wash could not be blocked.When the city was doing the road,they ran out of money so they could not peak the road.Everyone on their corner,three houses on each side,got flooded out.They were told they could put rolled block along their fence line to help divert the water down the street to the natural wash.That helped,but then the city widened the road.Nothing was said about the road being raised.City Engineer Boucher told them they would have no more problems with flooding as drainage was being put in along the sidewalks.They did not put any in between Thunderbird and Rennick.When i t rains,the sidewalk cannot even be seen.She used to have a 5'fence:i t is REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 6 OF 38 now 4'.People walking along the sidewalk throw garbage in her yard.When i t rains,i t floods.She has a canyon developing in front of her driveway and she cannot go in or out from it,nor can the people across the street or the mail carrier.I t is a foot deep by the mailboxes.She went down to the city engineer 3 times;they finally came out Monday and packed it with dirt in front of her driveway.She hopes that is a temporary fix as it will not stay. When i t rains,it will be washed out.When the city redid the road and bought the corner of her property,they reinstalled her berm.She no longer has a berm as it has been washed away.She would like to have the city put her berm back and fix the canyon in front of her driveway and across the street.She would also like to have a 5'fence back so people cannot throw things in her yard as easily. Mrs.Syliva Speck,1107 N.Gold,Apache Junction,filled out a form but declined to speak. Ms.Mary DeHaan,1292 W.Greasewood,Apache Junction,addressed the council about dogs running loose.These dogs run loose in the morning hours and the evening hours.She stated there are leash laws here.On July 24 she walked out her front door with her Cairn Terrier on a leash and it was attacked by a loose Huskie.This was in her yard in front of her house.On August 3 her daughter's cat was attacked on the front porch by 2 dogs running loose.It was torn to pieces.They have called both times and been told that the police department takes care of it in the morning.Animal Control is not there until 9 a.m.She talked to a lot of people.She finally talked to Sergeant Elkins who told her what the problem was.She thinks something needs to be done about it.She goes walking in the morning and she should not have to carry a gun.She should be able to walk without worrying about being attacked by a dog.She understands that no money was allocated for someone to do this job in the early morning hours,but in any city one should be protected against these things 24 hours a day.I t should not be just from 9 a.m.to 4 p.m. Mr.Dewayne Willingham,782 S.Grand Drive,Apache Junction,addressed the council regarding hiring more people for Animal Control.On 3 different occasions his wife and child have been attacked by pit bulls on his street. He has been attacked one time.He talked to the owner and explained that i f his dog comes after him he will have to shoot the dog.He is a dog lover and does not want to have to do that.The dogs run loose in the morning and enter his yard,urinating on his fence,and getting his dogs riled up.The police have responded to his calls on 3 different occasions.Reports have been REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 7 OF 38 written on these people and nothing has been done about it.Today he was in court with the young woman who owns the dog that attacked his wife and child the previous week.He was told by Animal Control that they do not have enough people;an officer has been bit and is out injured,which leaves them with only 2 people to operate the pound.He suggested they hire more people.Once his wife and child are mauled by one of these dogs,it will be a totally different story.He is not threatening them,but he loves his family.He does not want to see something happen to them when it can be resolved by hiring someone to patrol the streets in the morning and late at night.His five -year -old is his only child and he will do anything to protect her. Councilmember Severs suggested they look into the possibility of volunteer work at the pound or some part-time workers.He has heard of a number of situations where before and after hours there is no one to call.He added that he did walk the area with the flooding situation.He has heard several comments where this is a civil suit between people.Others are saying i t is up to the city since the city allowed it to happen.He would like to know what the city is responsible for and what the citizens are responsible for. Vice Mayor Eck asked if both items needed to come back as agenda items. City Manager George Hoffman stated he believed they could work on the Animal Control issue at the administrative level. Vice Mayor Eck requested that the flooding issue be placed on the agenda. City Attorney Joel Stern stated he could provide legal advice on either subject,but he believed it would be more appropriate in executive session Vice Mayor Eck asked if they needed an agenda item on the Animal Control issue in order to get an update and see where they are. City Manager George Hoffman stated they would do whatever his preference is. Councilmember Severs requested i t be put on a future agenda.He asked i f there is any way in the budget they can find money to hire an additional person.I t seems to be needed. City Manager George Hoffman stated i t is in the budget.I t is unfunded in the event that they could find revenues to support the position.They are hoping REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 8 OF 38 to find additional revenues and they are working on how those revenues might be developed.He is not sure i t is in the current budget revenue stream,but if they can augment that revenue stream,the positions are there to be filled. He suggested the focus should be on developing those revenue streams to support those positions. Vice Mayor Eck requested the speakers leave their names and telephone numbers as some of the council will be calling them to discuss the issue. Mayor Coleman suggested both items be put on a work session so that they can be talked about.He also suggested they might be able to make more efficient use of the hours that they have for coverage. City Manager George Hoffman stated he thinks i t is because they are lean on staff.The gentleman summarized it very well;there are 2 officers,an in- house person and one of the officers got a dog bite in the field. City Attorney Joel Stern reminded them they could not have discussion on these items as they are not on the agenda. Councilmember Insalaco asked if there was anyway they could find out where the people who own these dogs live and get them into court.He asked if there was anything that could be done because of the leash law to make these people responsible for their dogs running loose. Mayor Coleman stated they could also discuss that during the work session agenda item. CITY MANAGER'S REPORT City Manager George Hoffman commented it was wonderful to hear Supervisor Smith echo his thanks to Kathy Connelly.He stated Kathy Connelly has been recognized by the City Clerk's Association for 25 years of service as a municipal clerk.He thinks i t is fantastic that she has been recognized by her peers as well.He added the city is losing Assistant Planner Noel Griemsmann to one of the premier planning organizations in the state. PUBLIC HEARINGS ORDINANCE NO.1239,CASE AM -1-05,ZONING REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 9 OF 38 ORDINANCE TEXT AMENDMENT TO MODIFY SECTION 6.0128 WHICH REGULATES SWIMMING POOLS )Assistant Planner Noel Griemsmann briefed the council on the item.He stated they looked at what other communities are doing.Currently the city setback is 7',others have 4'and 3'setbacks.The reasons for the differences are the smaller yards and more things around the pools.The old setbacks do not apply as well with a lot of today's development.Another factor is pool equipment noise with the lots getting smaller.Currently there are no standards in the city for pool pump placement.People try to keep it as far away from their home as possible, which then exposes the neighbors to some of that noise.There are a lot of different lot sizes,unique lot situations,and different types of homes.The most flexibility in placement of the equipment,ease of uniform application, and looking at the enforcement angle for pool regulations were taken into consideration.They have a hybrid solution to the noise impact.They have a sound deadening wall as i t is easier to enforce.There is one inspection to make sure that i t has been installed by the time the pool has been constructed.The likelihood of someone taking it down is a lot less.This avoids a resolution of the problem after the fact.Other communities have had to look at the actual decibel level coming off of the equipment at the property line.That would require additional staff,training resources,and specialized equipment.The design of the wall will maximize noise reduction. They also looked at fountains and water features,which currently have no regulations.The standards provide clarity for staff and the applicants.The water resources element of the general plan calls for a drought response plan development.As that is still on the way,they looked at a drought emergency clause.It basically states that when there is a drought situation,fountains and water features cannot be utilized.Staff recommends a 3'setback for single-family home development,with the multi -family and commercial uses remaining the current standard.Planning and zoning recommended approval on June 28,2005. Councilmember Sippel asked if there was anything in there about wrought iron fencing around pools. Assistant Planner Noel Griemsmann stated there are regulations in the city code that address the enclosure requirements.The ordinance will add a clarification clause into the zoning ordinance.Anyone reading the zoning ordinance will then be aware that there REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 10 OF 38 is additional information in the city code.This would allow it to be modified without going back into the zoning ordinance. Vice Mayor Eck asked if the sound barrier is permanent or can they build a shell that sits over their equipment. Assistant Planner Noel Griemsmann stated the language is written to require the equipment to be enclosed by a block wall.It would be a permanent structure.One would not want a lid or top to it according to the building official due to safety concerns.The block wall would minimize the attempt for future removal. Vice Mayor Eck asked if the shell would meet the requirements for sound and if the resident could keep that instead of building the sound wall.He also understood that we are a little ahead of other communities in addressing the noise issue.He does think that that there are cases where they could construct a shell and have access through the shell to the equipment. Assistant Planner Noel Griemsmann stated he did not encounter anything like that in his research,so far as an office shell design.If they come across i t in the future,they could always add an additional clause or add i t at this point.He is concerned,however, that they have not encountered that equipment previously. Vice Mayor Eck commented they could put in language that i t needs to be approved administratively. Assistant Planner Noel Griemsmann stated it would be in the zoning ordinance.The applicant and their site plan will illustrate their sound deadening wall on the site plan;at the time the building official is out to inspect the pool before i t is final they will make sure that i t is in place. Vice Mayor Eck commented some language could be added that something could be approved by the building inspector. Assistant Planner Noel Griemsmann stated they could do that.The language would be something under subsection D REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 11 OF 38 that would allow the building official to do that,if an applicant can document that i t is similar.Another option may be to add language to the swimming pool equipment requirements to provide for that at the discretion of the building official,stating other solutions or enclosures can be considered by the building official if in his determination i t provides the same level of sound reduction. Vice Mayor Eck commented he was just concerned about how hard it would be to make changes in the future should something come up.. Assistant Planner Noel Griemsmann stated they could do another text amendment if it became an issue in the future.It would be basically one line. Vice Mayor Eck commented he would rather do that then rush something through here. Assistant Planner Noel Griemsmann stated an applicant could also request that the Board of Adjustment interpret that section if there is some confusion. Mayor Coleman opened the public hearing on the item. Mr.Conrad Pisinski,1069 W.14th Avenue,Apache Junction.addressed the council.He commented a shell would be no good because it would retain all the heat which would damage the pumps and their seals. Vice Mayor Eck commented it would only be something with proper air ventilation.It would have a shell top and an opening on the side. Mr.Conrad Pisinski stated it would be put in the corner.He had them come out to see how he had placed his.It is in the corner with a wall around it and when he started i t up,you could hardly hear it.It does not bother his neighbors as i t is as far away from their homes as i t is from his. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 12 OF 38 Vice Mayor Eck commented i t is not something they will change at this time and it would probably take a builder to come up with something.I t is not his suggestion. Mr.Conrad Pisinski stated the best thing is to build walls around it;that soundproofs i t as much as possible and gives them access as needed. Councilmember Sippel asked if his was L-shaped. Mr.Conrad Pisinski stated that is correct.The entranceway is behind the wall and the wall is stuccoed,which also helps the soundproofing. Mr.Howard Benyas,410 S.Lawson, Apache Junction,addressed the council.He commented he read the ordinance in the paper and suggested the city seal be put above i t as i t is easy to miss with no seal above it.He commented the pool setbacks are okay and there is no problem with the location of the pool unless it can be seen from the road. If it is on a corner,i t could be seen from one or both roads.If the pool is fenced in a safe manner,i t is no more of an attractive nuisance when people are splashing around behind the wall and the kids are throwing wet stuff in the air.I t is as much of an attractive nuisance as if the wall was not there.He asked why they would have to put a wall up i f i t is safely fenced. He also does not understand why this applies to construction of a temporary above ground pool.They are not permanent;if they are an eyesore,the kids will puncture it and it will be taken down and put in the trash.He thinks they have gone too far with the ordinance. Vice Mayor Eck asked if he was comparing a blowup above ground pool to a permanent pool. Mr.Howard Benyas stated his first point was about the permanent pool. Councilmember Severs stated the wall they are talking about is only around the equipment that is creating the noise. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 13 OF 38 Mr.Howard Benyas stated the ordinance states that swimming pools should not be visible from any public right-of-way.I t seems crazy for a person who has a large lot,such as an acre -and -a -quarter,that places a pool off to the side of the house and they are told they have to put a 6'wall up.However,he might have misunderstood what was in the paper.His second point was about the above ground pool:i t is a pool that is over 18"deep.I t is for swimming but i f it can be seen from the street,they cannot blow it up and let the kids play in it. Councilmember Severs apologized as he thought it was only for the equipment;he did not realize they also had i t in there for the pool itself. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Assistant Planner Noel Grimesmann stated under the current regulations anything over 18"in depth has to meet the safety requirements.There is no differentiation in the code between permanent and above ground pools.As far as not being visible,it could also be landscaping instead of a 6'wall.The body of water cannot be visible from the roadway.They could also accomplish it with a berm if it was high enough. Pools tend to be at ground level so it should be fairly easy to block them from view. Vice Mayor Eck commented they could have the wrought iron safety fence,but aesthetically they need some type of vegetation. Assistant Planner Noel Griemsmann stated i t is not for aesthetics.If the first two rows are block with wrought iron above it,when standing on the property line the pool would not be noticed because the elevation change is enough as the pool is flat.I t is to prevent making the pool more attractive to minors visually. Councilmember Sippel commented some friends of his have a 4'to 5'block fence with about 2'of wrought iron above the block.They are next to a wash and as kids go by they see the pool and throw rocks into it.They have also climbed over the fence into the pool.He REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 14 OF 38 looks at it as a parent with a young child,but teenage kids walk by and see the pool and there could be some vandalism or they could be in the pool messing around.They could call the police department to have them take care of it.He could go either way on the issue. Councilmember Severs stated he agrees with child safety.A kid is attracted to water and will go play in it, but there are a lot of lots in the community that set lower than the streets, and they are on corner lots with easements and walkways.There are too many of them for the city to say they would have to put a wall up. Mayor Coleman commented there is a section that states the requirement shall not apply in situations where the adjacent public right-of-way is higher than the pool's edge and not greater than 20 feet:screening would be difficult or ineffective as determined by the zoning administrator. Councilmember Dietz commented he has an acre -and -a quarter with a chain link fence around i t and a 4'x 20'above ground pool.No matter where he puts the pool on his land,it will be visible.He is also on a corner lot. There was general discussion that he would be exempt. Assistant Planner Noel Griemsmann stated that would be an example of an above ground pool on a corner lot with an adjacent grade where there would be a legitimate exemption. Mayor Coleman commented it would be like the pool going up Idaho:they have no way to screen it. Assistant Planner Noel Griemsmann stated that is correct.There are going to be situations where it will not be possible.The intent is to be as flexible as possible.If the applicant comes in with a legitimate reason why it would not work,it can be waived. They are trying to encourage as much reduction in the nuisance issue as possible. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 15 OF 38 Councilmember Sippel stated they have the exemptions in there and there is flexibility to get things waived Councilmember Waldron commented i t does not make sense to him to require someone to construct a fence on an acre- and -a -quarter lot that has a pool 40'to 50'back from the street.A kid will not wander that distance to throw stuff into the pool.He believes if the pool is back a certain distance on larger lots that they should be exempted. Assistant Planner Noel Griemsmann stated he tended to agree with him on that but they were trying to keep uniformity throughout the different lots.They are trying to avoid the situation of someone calling up to ask about pool regulations and they need to determine the lot size and zoning district and possibly getting the wrong information.The larger lots have pools typically put at the back of the home;they can do simple berming,landscaping or shrubs to accomplish what is needed.The body of water needs to be fairly screened. Councilmember Waldron stated if they have that large lot with a pool 40'to 60'back,a person is not going to walk back there.He does not feel they should have to construct a fence 50'from the road. Councilmember Sippel commented some of the screening things mentioned were a 2'block wall with wrought iron on top.Wrought iron needs to be around the pool anyway. Assistant Planner Noel Griemsmann stated they could just add dirt from the excavation. Councilmember Sippel stated they could add the fence to that. Assistant Planner Noel Griemsmann stated it could even be oleanders.It is not specifically a structural solution;it can be vegetation. Councilmember Sippel commented he believes they are getting caught up in the block wall being put up.It does not have to be put up. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 16 OF 38 stated that is correct. could put up 5 oleanders. Assistant Planner Noel Griemsmann Councilmember Sippel stated one Assistant Planner Noel Griemsmann stated that is correct;as long as it creates a screen effect. Vice Mayor Eck asked if they need a pool fence if they have an exterior fence. Assistant Planner Noel Griemsmann stated the building code provides for different solutions.If there is a fenced parcel with the pool in the back,there must be specific types of locks on the windows to prevent access.They would not have to have an additional safety fence for the pool. Vice Mayor Eck stated he cannot imagine there not being a fence.He is not sure he understands Councilmember Waldron's concern. fence is required around a pool. stated i t is. fence could be 2 miles away. stated that is correct. Councilmember Waldron asked if a Assistant Planner Noel Griemsmann Councilmember Waldron commented the Assistant Planner Noel Griemsmann Councilmember Waldron asked if a person on an acre -and -a -quarter lot had a barbed wire fence would be okay,i f the fence were allowed. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 17 OF 38 Assistant Planner Noel Griemsmann stated as long as i t meets the particular requirements of the building code. There are some height requirements. Councilmember Waldron commented the fence could be surrounding the property with the pool built back 50'and i t would be okay;another fence would not have to be built around the pool. Assistant Planner Noel Griemsmann stated that is correct.It would depend on the lot distances,lot setbacks, vertical horizon and excavation of the pool,providing a 2'berm or something; they would not have to build something new but they would have to look at some solution for reducing the visual attractiveness of someone walking by.It would depend on where they put the pool.Natural vegetation on larger lots, if it has not been bladed,would provide most of the screening.They may not have to do anything else. Councilmember Waldron commented that is i t not addressed in this. Assistant Planner Noel Griemsmann stated i t is.The screening requirement can be met through vegetation, berming,and through a structural solution by putting it behind the home.I t is a broad brush and provides for the zoning administrator to look at a particular site and see that i t is not possible,and a waiver would be done at the counter. Councilmember Waldron commented i t states the swimming pool shall not be visible.He asked if a portion of it could be visible.This is asking for total screening.Vegetation does not do that.Total screening is called for in 6.0128.1.C. Assistant Planner Noel Griemsmann commented he could see his point with the verbiage. City Attorney Joel Stern stated there appear to be some issues tonight.He recommended continuing this item so that they would not do the wrong thing by constructing language this evening. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 18 OF 38 Assistant Planner Noel Griemsmann stated he agreed with Councilmember Waldron on the verbiage of shall.The modifier should be looked at. Councilmember Sippel asked that they look at the verbiage that Vice Mayor Eck talked about also. Vice Mayor Eck commented he thinks the ordinance is very close but it would be nice to have everything proper. Councilmember Severs commented he would like to look at the area where i t states the pool has to be in the rear yard behind the main building.There are a lot of lots in the community where the house is at the back of the property.As long as it meets the setbacks, has the safety fence constructed around it,and is not a hazard,i t should be allowed.He does not think that visibility from the street is more important than safety. Assistant Planner Noel Griemsmann asked if the council would like the distinction between the large lot and the small lot.Staff tried to focus on keeping it one regulation that was applicable to the entire community.It could be broken into separate zonings. There are drawbacks and advantages. Councilmember Severs commented they specified CR-1,CR-2 and CR-3 zones:he does not see R-143.He thinks having the large and small lots separate would be better. Councilmember Sippel asked Councimember Severs how he would determine a large lot. Mayor Coleman commented he does not see them solving this tonight.Most people put a fence around their pool for privacy.He would want a fence around i t if he had one.He believes they are only talking about a few instances where something might happen.He does not see the screening requirement a being major issue.He suggested they continue this.He asked if the language was common in other municipalities. Assistant Planner Noel Griemsmann stated some if it is.The screening is,but the pool equipment part was REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 19 OF 38 created by staff.It can be modified.He wants to be certain the council is okay with doing the two -tiered approach. Vice Mayor Eck commented that can be resolved during the discussion. Mayor Coleman commented the examples with larger lots all have fences around them. Councilmember Sippel commented the larger lots have brick around them to interpret what is their backyard. City Attorney Joel Stern suggested they have the building official at the next meeting to discuss what the code requires.If this is continued,they may want to do i t to a date certain so that it does not have to be advertised again.If they just want to do a work session,they can readvertise it. There was general discussion on when to bring the item back. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1239 BE CONTINUED TO THE WORK SESSION ON SEPTEMBER 19TH AND THE PUBLIC HEARING ON THE FOLLOWING NIGHT.SEPTEMBER 20TH. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16.2005 PAGE 20 OF 38 ORDINANCE NO.1239.CASE PZ-9-05.CITY- INITIATED REZONING OF 9 LOTS OF THE SMYTHE'S COUNTY LINE SUBDIVISION FROM GR TO CR-3 )Assistant Planner Noel Griemsmann briefed the council on the item.He stated this is on Smythe Drive along the western boundary.The subdivision was platted in 1957.It was zoned general rural.There are lots substandard to the general rural zoning.There are small lots that qualify for an exemption under our ordinance because they pre- existed the existing ordinance.The typical GR zoning allows accessory buildings up to 5,000 sq.ft.As the lots get smaller,that calculation decreases down to a low of 1,000 sq.ft.which can become problematic for large garages.There are two manufactured homes on the lots;the remainder are conventional.The general plan applies as the desired application applies to all properties.The CR-3 zoning is more consistent with other lots of similar size.There has been extensive citizen review on this item,including newspaper advertising,300'mailing and additional letters the planning and zoning commission desired.Five property owners responded;one requested MH zoning and the remainder where in support of the CR-3 zoning.Other similar subdivisions in the mid -1980's with MH have switched to conventional as the homes were replaced.The planning and zoning commission decided to go for approval with the CR-3 designation.They would like to phase out the last two that are on the properties.They would be pre-existing legal nonconformities that would stay as is where is until such time as they are replaced.The commission was unanimous for approval. Councilmember Sippel asked if the two manufactured homes must be replaced with site -built if they are pulled off. Assistant Planner Noel Griemsmann stated that is correct. Vice Mayor Eck asked what two lots those are.He then found them on the map provided. Councilmember Sippel asked if the properties on the other side of the street are conventional homes. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 21 OF 38 Assistant Planner Noel Griemsmann stated there is a mix.The overall neighborhood has some TH south of Broadway.and there is a conventional/manufactured mix all throughout this area. Mayor Coleman commented that there are businesses all along Meridian there. Assistant Planner Noel Griemsmann stated that is correct. Councilmember Severs asked if there was any way the manufactured homes could be replaced. Assistant Planner Noel Griemsmann stated the council could add an MH designation. Councilmember Severs asked if there was a fire they would have to replace it with a stick built home. are businesses all along Meridian there. stated that is correct. Assistant Planner Noel Griemsmann stated they would if the damage exceeds 50% of the replacement value.As the home value decreases over time,that number becomes smaller. could take it off to put on a better one. stated they cannot. Councilmember Severs asked if they Assistant Planner Noel Griemsmann Vice Mayor Eck commented one of the manufactured homeowners was for the new designation and one was not. Assistant Planner Noel Griemsmann stated that is correct.The owner of the manufactured home at the end of the row is in support of the CR-3 designation.They want to see the mobile homes phased out. Mayor Coleman opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 22 OF 38 Mr.Craig Okatani,620 S.Smythe Drive.Apache Junction,addressed the council.He owns 3 of the 9 lots being affected by the rezoning.He agrees with the rezoning.He has lived here over 12 years.One of the homes across the street was a mobile home and has since been removed with a stick built house erected and sold.I t is making the neighborhood better.The old zoning includes farming,slaughtering of small animals,keeping horses,museums,libraries,hospitals,sanitoriums. farm labor,carnivals and fairs.They have some farm animals.They cannot get rid of the ones currently there,but with the new zoning they could not get any more.He does not like goats and chickens running around the neighborhood.He also had a signed document from an adjoining neighbor at 692 S.Smythe that agrees to the new zoning.He talked to the vacant lot owner. Shirley Davies of New Mexico,who also has no objections.He recommended they go forward with this. Ms.Heather Martin,650 S.Smythe, Apache Junction,addressed the council.She agreed with the zoning change. They have had a goat go through their yard before they put a fence up.A rooster crows as strange hours.She would like to see i t rezoned to phase out the mobile homes.The neighborhood looks better with site built homes. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented he had driven up this street and i t is one reason why he pulled a mobile home off a property and is having a site built home constructed there.I t is a wonderful thing.As there is only one that is affected here,he can support this.He would much rather proactively go into an area and have the buy in of the property owners.If they were to do this in areas where there is a majority of mobile homes,it would be difficult to say they are now nonconforming i f you have a mobile home and you cannot put a new mobile home in there.In specific areas this will work,and this is one of them.They have to cautiously pick and choose those areas. Mayor Coleman closed the discussion with no more comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 23 OF 38 Councilmember Dietz MOVED THAT ORDINANCE NO.1238 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 Dietz MOVED THAT ORDINANCE NO.1238,AS READ BY THE CTIY CLERK,BE APPROVED AND ADOPTED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.05-23.EXTINGUISHMENT CASE EX -2004-04.EXTINGUISHMENT OF FEDERALLY PATENTED EASEMENTS ON STAGECOACH ROAD BETWEEN WINDSONG STREET AND SMOKETREE STREET )City Engineer Ron Grittman briefed the council on the item.He stated this encompasses two full blocks. They look at 3 criteria to recommend approval of an extinguishment.This one meets all the criteria.There will be no landlocked properties,it will not be used for a future roadway,and the utility companies have no objections to the extinguishment. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16.2005 PAGE 24 OF 38 Mr.Patrick LeClair,2521 E. Windsong,Apache Junction,addressed the council.He and his wife made the request. 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 Severs MOVED THAT RESOLUTION NO.05-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT LOCATED ON STAGECOACH ROAD BETWEEN WINDSONG STREET AND SMOKETREE ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2004-04 IS NO LONGER NECESSARY FOR PUBILC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1242,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,ARTICLE 2-4 COUNCIL PROCEDURE, SECTION 2-4-6 ORDER OF BUSINESS, REGARDING TIME ALLOCATIONS FOR CALL TO THE PUBLIC AND PUBLIC HEARINGS )City Clerk Kathleen Connelly briefed the council on the item.She stated council directed staff to do some research regarding time allocations that other jurisdictions gave to Call to the Public and public hearings,in addition to where Call to the Public was placed on the agenda.The information was presented to council on July 18 and July 19,and council directed staff to bring back a proposal to amend the city code,changing the time allotted for Call to the Public from 5 minutes to 3 minutes,setting a 5 minute time frame for public hearing speakers subject to the discretion of the council,and leaving Call to the Public at the beginning of the agenda.The proposed ordinance makes those changes. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 25 OF 38 Mayor Coleman opened the public hearing on the item. Ms.Carol Urich,201 E.Southern, Apache Junction,addressed the council.She encouraged them to leave it at 5 minutes.I t is usually not the same people who come before the council:i t is different people each time.The one individual must be on vacation this summer as we have not seen him around for awhile.She commented she was in support of having the public hearings at 5 minutes.She stated one of the council was overheard a couple of weeks ago saying that he thought that Call to the Public was a waste of time.It is not as they can see from the issues that came before them tonight.I t is very important. Mrs.Joyce Benyas,410 S.Lawson, Apache Junction,addressed the council.She agreed with Ms.Urich:she does not feel i t should be reduced to 3 minutes. Mr.Louis Babin,2191 S.Belair, Apache Junction,addressed the council.He was concerned as to whether or not there would be a legal problem in having the discretion to cut somebody's time off. Councilmember Dietz stated the discretion is to enable them to extend the time. Mr.Louis Babin stated that was okay.He believes 5 minutes is better than 3 minutes.More is better than less and they only have a few people who go on and on. Ms.Tess Nesser,1511 S.Cactus Road,Apache Junction,addressed the council.She stated she did not have an opinion on whether i t should be 5 minutes or 3 minutes.However,she believes the placement of Call to the Public should be left at the beginning instead of at the end.There have been too many times where people have things to say, including her when she is trying to sell raffle tickets,and they cannot do so if no one is here as they have already left.I t should be left at the front so that there are people here to hear what is being said. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 26 OF 38 Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron commented that at Maricopa Association of Governments they talked about this.The compelling argument was that if there was sufficient information to go 5 minutes,then that is more information than an individual can process.He believes 3 minutes is sufficient.Some people handed in some information tonight that gives the council the opportunity to review the material and allows them to make a direction to staff.He believes 3 minutes is sufficient and people should be encouraged to turn in a document so that they do not have to listen, try to absorb i t all,and then try to decide what to do.This would give them something to look at to help them with their decision. Councilmember Dietz agreed.He added the new ordinance lets the mayor extend this time if needed to a longer period of time.It is just making the standard time 3 minutes and the mayor can grant that additional time. City Clerk Kathleen Connelly commented the additional time is for the public hearing only. Vice Mayor Eck commented he thinks i t is a fine idea,and he can think of some meetings coming up in the future where he could support it.However,he has not seen the problem.Another person who is a regular attendant at the meetings talked to him after a meeting and asked him where the problem was.He defended i t saying he thought the problem was coming with the new hall and there being more people here. There have been more Call to the Publics and i t has taken away from the structured part of the meeting.However,he has not seen a problem with 5 minutes so far.He personally would like to have all the information for the item prepared.If that day comes where he sees the difference in the meetings,he would prefer to take a look at it then.He does not feel i t is a bad idea,but he does not see where i t needs to be changed at this time. Councilmember Severs agreed with Vice Mayor Eck.He stated this is the point where our citizens can express their opinions and feelings.Three minutes is enough for the majority of those people,but to limit them is not doing them justice.Our time is important,and the organized issues the council needs to look at are REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 27 OF 38 important,but so are the citizens concerns.He thought it would be fine to keep it where i t is.He has no problem with i t so far.I f it becomes a problem when Elliott comes back,then they can deal with it then.For the general public,he feels i t is fine the way i t is. Councilmember Waldron commented i t is not intended to cut off anyone voicing their opinion or anything else. That is not the intent.His argument is that i t is nice to get a piece of paper and be able to visualize or read what the problem is as opposed to trying to process it when someone is talking about it.He believes i t is a good idea as i t encourages the documentation.It would be nice to get the information beforehand,but that does not always happen.I t is not designed to cut off anyone's right to speak.They have every right to do that.I t is just a reduction in time;i t is not a big deal. Councilmember Severs commented a lot of people who come to the meetings do not know how it works and do not have the knowledge to prepare the documents in advance and give them to the council.A lot of people come here for the first time.They want to say what they think and get their point across.They are not public speakers and i t sometimes takes longer than 3 minutes.It would be great if they could get across to them that they need to prepare documents,but he does not see that happening. Mayor Coleman commented if they were trying to get rid of public input,there is nothing in state law that requires them to have a Call to the Public.I t is strictly up to the council.He has found that most people that go over 3 minutes repeat themselves.He thinks i t would help them to organize their thoughts better.Some of the ones who get up to speak on all the items and shoot from the hip;they will still have 5 minutes for the public hearings.He agrees with Councilmember Waldron as far as being able to process for that long.He does like having Call to the Public at the beginning of the agenda because it does give people an opportunity to talk on the items further down on the agenda that are not public hearings.If it was at the end,it would be after those items.He thinks as they start to deal with larger issues,and it may not be that much of a problem right now,they will want people to have their thoughts organized and be a little more concise with them.He could see the problem if they were moving the time allowed from 5 minutes to 1 minute or 2 minutes,but not to 3 REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 28 OF 38 minutes.Most of the time,in his experience,they begin to repeat themselves,as he just did. Councilmember Severs suggested reducing it to 3 minutes in 3 months or 6 months.It would give them time to inform and teach the people that they need documentation,drawings,pictures. and to have their thoughts organized when they come up.Right now a lot of people do not know that and they do not know they need to bring in everything. They should and it would be more helpful,but he requested they do it in 6 months. Councilmember Sippel asked if there is something on the Call to the Public form that states they are limited to 3 minutes and they should organize their thoughts. City Clerk Kathleen Connelly stated they are close to running out of the old Call to the Public forms and have intentionally not ordered new ones as she was planning to put that information on there. Councilmember Sippel stated they have been talking about this issue for a couple months already.They would not know ahead of time if it is their first time coming,but they would be able to read that and know they need to organize their thoughts.The second thing is what Councilmember Waldron said,quality versus quantity.They are talking about losing two minutes,but someone can organize their thoughts more and say more in three minutes and not just get up there and start to repeat themselves.They are not talking about one individual or even a half dozen. This is in general.This is proactive because as we grow there will be huge issues that they will deal with regarding land and zoning and other things. I t is a big issue to them when they bring i t in at that time,but things will get busier in the future so they should deal with this issue now and move i t forward. Councilmember Insalaco commented there are a lot of the citizens that think they do things behind closed doors and that we try to cut them off.During Call to the Public,a lot of these people are upset.I t is hard to keep your thoughts in line when you have a problem and you are trying to get it across to people,so it gets repeated. He would hate to take away two minutes for the matter of timing when the REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 29 OF 38 council sits up here and babbles themselves.He thinks i t is a mistake and the public will take it the wrong way,even though the council knows what i t is doing to cut the time down.He believes it will be seen wrong by the public. Councilmember Dietz commented they might be able to educate the community if the press writes about this change in the papers.They could bring up the fact that they need to be organized, prepared and have their thoughts together.They can prepare things to hand out to the council as they speak. Councilmember Severs commented they might print a request to speak form in the paper some time as a sample of what they need to do at Call to the Public. Councilmember Dietz commented a lot of people do not understand that they can hand things out. Vice Mayor Eck commented again that he does not see a problem with what they currently have.The research is important and he is aware that the majority of the organizations do 3 minutes. If they were going after people they did not want to have speak,they would change the location of Call to the Public.He will support i t at this time, but,if after so many meetings there are people being robbed of time,he would probably suggest they revisit it.He agreed with Councilmember Insalaco in that people come in here upset and are here for the first time and they need that time. Mayor Coleman commented i t is unpleasant to cut people off when they go over the five minutes. City Attorney Joel Stern stated the ordinance is currently drafted with 3 minutes for Call to the Public and 5 minutes for public hearings.In both sections the mayor will have the option to grant additional time.He read both sections and determined that in the Call to the Public section the additional time could be granted by the council.He suggested they change that to the mayor. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16.2005 PAGE 30 OF 38 Councilmember Severs commented that if it was left as the council any of them could have the choice if they wanted to hear more. City Attorney Joel Stern stated that is one interpretation.Another would be that they would have to vote on it. As that is not on the agenda,i t should probably be the mayor. City Clerk Kathleen Connelly stated that language is exactly as i t appears in the current city code with the exception of going from 5 to 3 minutes.If someone got up right now and spoke for 5 minutes.they could be allowed to go longer.The question is what does the word council mean:does it mean everybody or a member.It does not say a member,which to her means the collective body. City Attorney Joel Stern agreed. There was general discussion on changing it to read the mayor instead of the council. Councilmember Severs asked if they would request i t from the mayor if they wanted to hear more of what someone was saying. Mayor Coleman stated he would if he wanted all of them to hear it,too.Otherwise,he could talk to him in the hall after the meeting. Councilmember Sippel stated they have done that before in the past when they had issues they wanted to hear more of. City Clerk Kathleen Connelly commented she believed the attorney was saying that under the open meeting law they cannot discuss how they would handle that. City Attorney Joel Stern stated that is correct.He added the Court of Appeals has very strict timelines.The reason for that is they want you to organize your thoughts.You get 20 minutes to present your case,including your rebuttal time and including time REGULAR MEETING OF THE CITY COUNCIL AUGUST 16.2005 PAGE 31 OF 38 where the justices interrupt you.One could say one sentence and then be answering their questions and have only one minute left to present your case. It makes you organize your thoughts when you have a strict time limit. Councilmember Severs commented that most people would know that when they go to court. City Attorney Joel Stern stated that is true,but i t is not the case will all litigants. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO.1242 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1242,AS READ BY THE CITY CLERK.BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT UNDER SECTION G.ON LINE 8,THAT THE MAYOR BE SUBSTITUTED FOR THE WORD COUNCIL. Councilmember Sippel SECONDED THE MOTION. VOTE:4-3 (Vice Mayor Eck,Councilmember Insalaco and Councilmember Severs voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 32 OF 38 OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS LOCAL CITIZEN PARTICIPATION PLAN )CDBG Administrative Assistant Melinda Larson briefed the council on the item.She stated the federal government has provided funding to the community over the last several years through this program.I t is a competitive grant program that the city is eligible to participate in annually.The program was established to help communities address the following objectives:meet the needs of low and moderate income citizens;prevent or eliminate slums and blight in the community:and address urgent threats to health and welfare in the community. The city can use the funds to address one of the national objectives or address the funds to a nonprofit organization or another governmental agency. Crucial to the program is the involvement of local citizens and elected officials.The community must be able to document that citizens and officials have been given the opportunity to discuss community needs and discuss possible projects in order to participate in the program and receive funds. The ultimate decision on the project rests with the elected officials.The city has used these funds to purchase the mobile command unit and purchase nine vehicles for five community nonprofit agencies and the police department victims'services program in the past.The federal government has established a mandatory public participation process.The plan meets the guidelines as prescribed by the Arizona Department of Housing.The first public meeting will be on September 8.Staff is requesting direction to begin implementation of the plan. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16.2005 PAGE 33 OF 38 Mayor Coleman opened the item to council discussion.There being no discussion,he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT STATE SPECIAL PROJECTS LOCAL CITIZEN PARTICIPATION PLAN:THAT STAFF BEGIN IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)STATE SPECIAL PROJECTS (SSP)LOCAL CITIZEN PARTICIPATION PLAN (LCPP). Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CONTINUATION OF RIDE CHOICE PROGRAM FORMERLY CALLED ENABLING TRANSPORTATION PROGRAM FOR FISCAL YEAR 2005-06 )City Clerk Kathleen Connelly briefed the council on the item.They talked last night with Dan Taylor of Mesa Senior Services.This is now called the Ride Choice program.She recommended the current level of funding be the same for fiscal year 2005-06, which is $30,000.She requested they monitor the success rate of the Coupon for Cabs program which is a complementary program to Ride Choice.If council recommends going forward with the contract,it will be on the September 6 agenda. Councilmember Dietz commented they are requesting $43,000 instead of the $30,000 recommended last time. City Clerk Kathleen Connelly stated that is correct. Councilmember Dietz asked for the reason for the increase:if it was because through May they had spent $33,000. City Clerk Kathleen Connelly stated they feel that the program could grow,but they did not take into account the REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 34 OF 38 Coupons for Cabs and the impact on it.When Dan Taylor was here last night he stated he was agreeable to the $30,000. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CONTINUATION OF RIDE CHOICE PROGRAM FORMERLY CALLED ENABLING TRANSPORTATION PROGRAM ("ET")FOR FY 2005-06: THAT WE CONTINUE WITH THE CONTRACT,THAT IT BE FUNDED AT THE LEVEL OF $30.000, AND THAT WE MONITOR THE SUCCESS OF THE COUPONS FOR CABS PROGRAM. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FY 2005-06 )City Clerk Kathleen Connelly briefed the council on the item.She stated this was also discussed last night.This would continue the visitor center funding with the Chamber of Commerce.They get in the area of 30,000 visitors per year,all of whom would be coming here and walking through the city hall complex if they did not have the Chamber as an alternative.Their location on the highway makes it a much more physical one and suitable location.They are requesting $40,000.Rayna Palmer feels they can maintain services at that level. Councilmember Dietz commented they have done a great job thus far. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Insalaco MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROFESSIONAL SERVICES REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 35 OF 38 AGREEMENT FOR ECONOMIC DEVELOPMENT WITH APACHE JUNCTION CHAMBER OF COMMERCE FOR FISCAL YEAR 2005-2006:FOR THE AMOUNT OF $40,000. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz stated there will be no work session held on Monday,September 5,2005,in observance of Labor Day holiday,and he MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 6:00 P.M.BE HELD ON TUESDAY,SEPTEMBER 6,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman announced the Apache Junction High School football team's preseason ranking is number seven in the state,just ahead of Coronado High School,which is Councilmember Sippel's alma mater.They are picked to win their division,which is 4A Division II.They have 20 of 22 starters returning.They keep telling Coach Ragsdale there is no pressure,but they are all excited about it down at the school. Councilmember Sippel commented that Apache Junction has not beaten Coronado in over 15 years. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:39 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 36 OF 38 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Special Meeting of June 28,2005. 3.Acceptance of Minutes of Regular Meeting of July 19.2005. 4.Approval of appointment of Deputy City Magistrates and City Magistrates Pro Tern for two-year terms of office from August 16.2005 through August 15, 2007. 5.Ratification of Street Light Improvement District assessments sent to Pinal County for FY 2005-06. 6.Approval of vehicle purchase through State Contract for three (3)Crown Victoria patrol cars for the Police Department and one (1)regular full- size pickup truck and one (1)Isuzu all-purpose maintenance truck for the Parks and Recreation Department in an amount not to exceed $112,437.48. 7.Approval of vehicle purchase through State Contract for two (2)regular full-size pickup trucks,one (1)"hybrid"Ford Escape and one (1)Isuzu all-purpose maintenance truck for use by the Public Works Department in an amount not to exceed $85.807. 8.Approval of Resolution No.04-15,Case SD -1-04,a final plat approval request by Richard Randall for the "Monterey Casitas",a subdivision of an approximate 2.5 acre CR-3 (Single Family Residence,minimum lot size 7,000 square feet net)parcel located at the southeast corner of Monterey Drive and 18th Avenue into 10 single-family home lots. '9.Consideration of Agreement with Arizona Department of Motor Vehicle Division for electronic data access by Park Rangers and Code Compliance Officers and authorization for City Manager to sign an appropriate - agreement subject to approval as to form by the City Attorney. ACCEPTED THIS 6TH DAY OF SEPTEMBER ,2005,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 37 OF 38 SIGNED AND ATTESTED TO THIS 6TH DAY OF SEPTEMBER ,2005. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS CO/EMAN 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 16th day of August,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of September,2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 16,2005 PAGE 38 OF 38