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HomeMy WebLinkAbout2008-07-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 1, 2008 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 1, 2008, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER .Mayor Insalaco called the meeting to order at 7:15 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerry Monahan Library Director Pam Loui Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Others Present:None. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 1 OF 40 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2007-2008 BE ACKNOWLEDGED; AND THAT APPROVAL BE GIVEN OF THE ASSIGNMENT AND TRANSFER OF DEVELOPMENT RIGHTS BY EARNHARDT PROPERTIES LIMITED TO HORNS 3400 L.L.C.; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 08-20, A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO: 1) PLAN, DESIGN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE A REGIONAL WIRELESS COOPERATIVE NETWORK; AND 2) PROVIDE FOR RELATED TWO-WAY RADIO EQUIPMENT MAINTENANCE AND EMERGENCY DISPATCH SERVICES, BE APPROVED; AND THAT RESOLUTION NO. 08-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE PINAL COUNTY NARCOTICS TASK FORCE, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Presentation and discussion with attorney Dan Barr regarding artists' rights and Option X. Vice Mayor Eck commented he wants to do right by the artists in the community.He has heard a lot about 1st Amendment rights and the 9th Circuit Court.He is aware of the city policies. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 2 OF 40 He asked if the city has broken any 1st Amendment rights or any decisions by the 9th Circuit Court. Mr. Dan Barr stated he has been involved with the city for almost 3 years.From what he has seen, they have not. Vice Mayor Eck asked if the city policies are perfectly legal. Mr. Dan Barr stated there is nothing in the policies where anyone is making any content decisions.They are treating the sale of works of art the same way they treat the sale of anything else in the community.It is a tax of general applicability.According to the 3 or'4 United States Supreme Court cases cited that is perfectly okay.They would get into problems if they treated things differently, such as certain pieces of art that convey serious messages or religious messages are not going to be taxed but other pieces of art that they do not determine to be so serious will be taxed.Once they do something like that, they will have problems with the 1st Amendment. Councilmember Serdy asked if he had received the 15 questions handed to him yesterday, not tonight. Mr. Dan Barr stated he got an email yesterday but he has not had time to read them. Councilmember Serdy commented he had not read them. Mr. Dan Barr stated he had not. Councilmember Severs commented he is saying that if they have a rule, ordinance or law that states everybody that sells anything has to pay taxes or has to have a business license, it is fair across the board.Once they start excepting something like in Option X, it would be basically selective taxation which would be illegal. Mr. Dan Barr stated that obviously there are people who have drawn up Option X who disagree.He will not tell them that if they adopt Option X it will be held unconstitutional.It does make a distinction between fine art and art creation, and it does put that decision in the government's hands.That is REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 3 OF 40 something the courts have held to be problematical.There is no way around that.He could not tell them if there would be a high probability of it being found unconstitutional, but it does put the power in the government's hands to make that determination, which is what makes it problematical. Vice Mayor Eck commented that for the record, he had stated there were several towns or cities that have chosen Option X. He believes it is only 7 out of the 80 -some cities and towns. Mr. Dan Barr stated that is correct.He believes Tucson is one, and so is Bisbee. Vice Mayor Eck commented in comparison it is really only 6%. Mr. Dan Barr commented as with all tax questions, it becomes a matter of public policy.He will not tell them whether Option X is a good idea or a bad idea.People make policy on what to tax and what not to tax based on all sorts of policy considerations that are not legal considerations.His only problem with Option X is the government has the distinction of deciding what falls into what.For example, if one buys a piece of Indian pottery, he questioned whether it would be a piece of art or is it a dual purpose because it has water and a flower in it, and would therefore not be subject to taxation. Councilmember Serdy commented many of the questions that the artists wanted addressed refer to licensing.He asked if the licensing has no matter in this, it is after the sale takes place. Mr. Dan Barr stated he would be glad to address these questions, but he would like to look at them carefully instead of giving off the cuff advice on them.It comes down to the general principle of treating everyone the same.If so, they do not have a 1st Amendment problem.If they make a content -based decision on whether to tax someone or whether to license someone or anything else, that runs into 1st Amendment problems. Councilmember Severs commented the basic question is if they are violating anybody's constitutional rights by doing things the way that they do them today. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 4 OF 40 Mr. Dan Barr stated from his understanding of talking with people, seeing the ordinances and the letters they do not. Mayor Insalaco closed the item with no further discussion and called for a short break. Mayor Insalaco reconvened the meeting. CALL TO THE PUBLIC: Mr. Todd Olear, 2898 S. Arizona, Apache Junction, addressed the council regarding economic sustainability. Ms. Christa Rizzi filled out a form and but had already left. Mr. Steve Fuller, 29842 N. Little Leaf Drive, addressed the council to introduce himself as a candidate for superior court judge. Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding artists' rights. Mr. Ted Mueller, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the grant to study downtown development and investment in the downtown area. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council regarding the conduct of Mike Weller. Mr. Emory Caudill, 39216 N. Kelley Circle, Queen Creek, addressed the council regarding artists' rights. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding alleged remarks by the vice mayor. Mr. John Kantowski, 835 W. Windsong, addressed the council regarding his initiative. Mr. Glenn Walp, 4798 S. Las Mananitas Trail, Gold Canyon, addressed the council regarding the Gwaltney tape and the ethics of administration. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 5 OF 40 Ms. Rita Ulsheimer, 2293 W. Windsong, Apache Junction, addressed the council regarding her carport outcome with the assistance of Councilmember Severs and volunteers. Mr. Nelson Kaesberg, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding defining leadership. Mr. Bob Matsch, 1755 S. Sombrero, Apache Junction, addressed the council regarding his volunteering at Rita Ulsheimer's house last Saturday. Mr. Mike Lewis, 4681 N. San Marcos Drive, Apache Junction, addressed the council regarding artists' rights. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding remarks from the council in the paper and the recall petitions. Mr. Jim Stephens, 3700 S. Ironwood Drive, Apache Junction, addressed the council regarding the recall petitions. Mrs. Kathleen Duffy, 768 S. Warner Drive, Apache Junction, addressed the council regarding alleged remarks made by the vice mayor on June 7 after the meeting. Mr. Charles Duffy, 768 S. Warner Drive, Apache Junction, addressed the council regarding the professionalism of Animal Control Officer Laura Voelk and alleged remarks made by Mike Weller after the June 7 meeting. Ms. Glenda Serdy addressed the council regarding staff action. Councilmember Dietz commented on sustainability in that the city complex is the first LEED certified municipal building in Arizona and shortly the multi-gen will be following.They passed an ordinance that all future municipal buildings and remodels will be built green.The city is taking the right step and is trying to be a good example for developers. Councilmember Barker commented there have been a lot of accusations tonight about the police department.She had a conversation with the new chief wherein he stated he is taking the issues seriously in animal control and is seriously going REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 6 OF 40 about affecting change and trying to get forward motion in that specific area.He is asking the staff to come up with best practices for that department.She feels the new chief has jumped in and started from the get go.She thanked everyone who came up to speak; it is a democracy and they have a right to speak.She wondered if the name calling from the council or the speakers is not a bad idea.She congratulated them on completing the recall petitions, a piece of the democratic process.However, she was surprised at the venues being used to gather these signatures because at least one member of the self- proclaimed Team stated they do not shop in the community as the sales tax is too high.The very buildings being used to collect some of those signatures were buildings built with a portion of the sales tax dollars.The people who do shop in this town are the ones who built those areas for them to do this.It is a good thing.She wondered if they were informed that it is public record that some of the members of the Team, what they have named themselves according to Mr. Stephens, she wondered if the patrons of the library and multi-gen center were told that some members of that Team in public meetings and in print in the Tribune have said that public money should not go to health and human services; it should not help those less fortunate than we, and that the library and the multi-gen are not a good place to put public money.She asked if they told these people that that facility might not even be there.They can always change their minds; she realized that might have been said in the heat of the moment last year.She commented they are asking the council for courtesy and respect; she has heard it at least 5 times from different people tonight.Yet, people have come up here and called councilmembers names, they have threatened, harassed them and bullied them.This is not common courtesy.What they have to say is important and she wants to hear what they have to say. She asked that they just say it.Not all of them are doing it, it is just a couple, but it is very disturbing.She stated someone pointed out that all of the councilmembers were looking down all the time.They have people who come up to Call to the Public that will not look at the council at all.Their eyes are fixed in a certain area.They do not give the council any eye contact.It goes both ways.We all need to be courteous and respectful.She thanked them all for coming up there. Councilmember Wilson commented that concerning Rita Ulsheimer's carport, the councilmembers have to watch out for the number of REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 7 OF 40 them that are at any location at any given time.It limits the number that they could have there, if everyone could have attended.He was involved because he believes in neighbors helping neighbors.He was grateful to be part of it.There were a lot of people there working on their Saturday to alleviate the problem with the city code. Councilmember Serdy commented he was not on the council when the downtown agreement failed, but he thinks the reason it failed is that it was going to use eminent domain to take the personal property of Los Vaqueros, the hardware store and that whole strip.He does not think anyone would have voted for that; he is very much for personal property rights.He asked if that was the best Mr. Flynn could come up with.As always, they give a long interview and then shrink it down into one thing.He definitely loves the city.The reason why it appears his group hates the city is that he has never heard anything positive, only negative.He has not heard even one idea on developing anything.Mr. Flynn states that the people up here do not listen, that they are just going through the motions.Mr. Dietz was very sick; he got sick when his wife got sick.He was still working from his hospital bed.He wanted all of his documents every week so that he could keep up with it.A lot of people would have just quit.He has things that he is strong with, such as the green issues.He is very effective.He has heard Mr. Eck be accused of being drunk up here when he is medicated. He cannot drink.He is too sick to drink.He is in constant pain from fibromyalgia; a lot of people would not go through that, they would just stay home.The mayor puts in countless hours; he believes he only has the best interest of the city at heart.Mrs. Barker agonizes over decisions; she does not just flippantly vote.A lot of times she is torn right up until the last second and she votes with her heart.The council has been criticized for not responding for 3 months while they have withstood the 3 minute barrages against them.He could go on forever.As he said earlier, he does not hear anything positive from them.He asked what their idea is.He asked if it is tyranny.It sounds more like bullying in that if they do not do what they want, they will crush the council.That is what they are doing.He asked if that is tyranny or bullying.The council is trying to listen to everyone and do something positive.He himself is not strong on every issue.He is a business owner and he has tried to develop our part of the REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 8 OF 40 center of the city.They cannot develop the part that the city does not own.It is owned by an LLC; there is not one person to talk to.He wants to do the city's part to get it ready for when something does happen there, so that it can be an art center.He'is also working on the eastern entrance to the city. You cannot tell where Apache Junction starts.There are 400,000 people a year visiting the Renaissance Festival and almost none of them come here.He is working on that.He does not blow his own horn on that; they are things he works on behind the scenes while he runs his business, which is very time-consuming.He is also working on acquiring Prospector Park and the rodeo grounds. Everyone assumes we own it but the Bureau of Land Management owns it.The city cannot do anything with it until we own it. He is working on that along with Mayor Insalaco and Mr. Wilson. The reasons that they stated the council was not listening were obviously about their not rehiring Mr. Walp.He was not terminated.His contract was not renewed.He may have been the right man at the right time when he was hired and he did some good things, but the department was becoming dysfunctional.We were about to have a mass exodus of officers.Talk to the officers, not just to him.He personally would like to see homegrown officers.He does not want to see officers shipped in from out of town.He thinks the homegrown officer is less likely to resort to violence to solve a problem because they care.They are here every day.They live here and their kids go to school here.In the least, Mr. Walp's handling of personnel was not that good.Even his own captains left.We cannot go into everything that is discussed in executive session, even though they try to pull it out of them for some reason, but there are many, many reasons George made the decision on.He thinks all of them did not respond for so long because they do not want to muddy the city.They hoped that they would not bring it to this, but now that they have the signatures, they will have an election and they will see what the true majority thinks.If they win they will have their crack at it.If not, he hopes they will abide by it and we do not have to go through this again and again and take the abuse. Vice Mayor Eck commented they had a young man viciously murdered in our community on June 20.His name was Randall Clayton Mercier.He was born in 1990 and was only 17 years old.The Independent did an article today, the Tribune will be doing an article and the AJ News will be doing a follow up article. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 9 OF 40 Basically, his 19 -year -old brother had to bury him today, and he had to put up with his parents living out of state.He needs financial help.There is an account open at Washington Mutual, account number 4941464028.It is under the name of Randall Clayton Mercier and they could use the community's help.It is a sad situation.As far as tonight's speakers, he will admit he lost his cool, and if he owes Shannon an apology, he apologized. However, he did not call her the word her husband said he called her.Ms. Duffy had commented that he attacked Mrs. Flynn. Actually, he walked out the side door and he was on the phone with his son.She hollered at him from 50' away.He had to hang up his call in order to speak with Mrs. Flynn.It was after 5 times that she told him he voted wrong and her husband, in the other ear, told him he broke the 9th Circuit Court and also said something about his being for gun control.He has not said anything up until that point, and maybe that is why he lost it.He should have said something earlier.Mr. Mueller commented about the city not backing up the downtown agreement earlier.The city would not back it up because there was no real agreement.The only agreement would have been their tax dollars defending that development.If that development failed, they wanted city money to back it.That is why nothing ever happened there.They did not even want to create and support their own businesses.It is a land baron that is downtown, not a developer.Mr. Kaesberg talked about cronyism, favoritism and dysfunction; he also mentioned getting rid of Chief Walp.Jim Stephens then talked about his comments in the paper.Vice Mayor Eck commented he stated in the paper that he was employed with this city when he said you either vote one way or else we are going to recall you.Ironically, five of them are getting recalled.And they all live at 3700 S. Ironwood.He can tell they are all together in a group.They have not spoken one positive word, as Mr. Serdy said.There has not been one positive word from the recall group, it has all been negative and there has never been one real idea.Christa Rizzi is the only one that has come up with ideas.Bob Matsch stated it is important for the community to work together and have neighbors helping neighbors, and that it is good the two councilmembers did it.He agreed, but he twice had a licensed welder from the city lined up to do Rita's job.He also had heavy equipment. Mr. Severs was called out.He did not get a call this time.He is glad it is done for her.He knows it was a problem, but when he does not know about it, he cannot help.Mr. Severs and, no REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 10 OF 40 offense, Mr. Wilson, were the ones that took care of Mrs. Flynn's code violation and they are not the ones getting recalled, so he does think the code violation had something to do with it.It is pretty obvious.Addressing Mr. Walp, he stated that especially after the Buracker report, former employees of the police department have said they were not happy with their outcome, either being released or finally resigning, and one year to 2 years later an article would come out on these employees.They would like to be left alone so that they can get on with their lives.He agrees with that.He understands what they mean by that as they are no longer employees and they should no longer be a target.He told the Tribune, simply, that he thought that it is ironic that they are still discussing this tape.He did not say anything about people following Mr. Walp or anything negative about him. Mayor Insalaco commented it appears that some people think that he was using the hospital when he was running for election last year.Mr. Kantowski only has to check with the building department and he would have found out that the plans are there. The sewer is being dug right now.The hospital is being built. There was a disruption with loud comments coming from the audience.Councilmember Dietz called for a point of order. City Attorney Joel Stern commented they need to have it so that no one is communicating from the audience.The audience should not fight back. They have had their chance and it is now the mayor's turn. Mayor Insalaco commented Mr. Stephens and Mr. Walp are saying that he has made jokes and slanderous remarks about Hispanics. When Habitat for Humanity came about, they started with a builders' blitz.Councilmember Severs, himself, and all the other councilmembers were there at the start.Since the beginning, he has been to every groundbreaking and every home dedication.He has spent 9 of his Saturdays helping these people build their homes; the Jose Cobain, Chicara and the Black families.When people think that he just sits up here 4 nights of the month, it is not all he does.He was nominated to be on the League of Cities Executive Committee by his peers, the other mayors.He is also vice chair of Central Arizona Association of Governments.The public does not know what this position means. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 11 OF 40 It is not just 4 nights a week that they are here.Also, he asked Mrs. Flynn how she dares to go around to restaurants asking if he causes trouble there.He has witnesses, the waitresses, saying she was asking if he was causing any trouble in these restaurants.At least he does his business in this city.He eats in these restaurants.He has been told by these waitresses that she had gone there to check on him to find out what he does when he goes in there and where he sits.He does not care what she has on tape.If there is any more of this harassment, he will file charges.He then called for a break. Mayor Insalaco reconvened the meeting. CITY MANAGER'S REPORT City Manager George Hoffman commented about a local television station requesting an on air interview to discuss personnel issues within the police department, the upcoming police department audit, and encouraged the council to work on their core goals during the recall process. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented he attended the art show put on by a business on Delaware, how good it would be to have it behind the focal point once a month, and encouraged everyone to go down there next time to see what the city could look like. Mayor Insalaco commented he attended a Wounded Warriors of America Association event last Saturday put on by the Legion Riders of Apache Junction, Tempe and Queen Creek, spoke of Chris Erickson, a nephew of Matt McNulty, who was wounded in Afghanistan, and of the problems veterans have finding employment. PUBLIC HEARINGS RESOLUTION NO. 08-15, DECLARING AS A PUBLIC RECORD SECTION 6-1-6(D) UNDERGROUNDING OF OVERHEAD LINES AND EQUIPMENT/ADOPTION BY REFERENCE OF ORDINANCE NO. 1318, ADDING REQUIREMENTS THAT OVERHEAD WIRES BE REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 12 OF 40 PLACED UNDERGROUND WHERE IT WILL MAKE THE MOST VISIBLE IMPACT/ ORDINANCE NO. 1323, ADDING NEW SUBSECTION "M" ALLOWING BOARD OF ADJUSTMENT AND APPEALS TO HEAR APPEALS OF UNDERGROUNDING UTILITY REQUIREMENTS )Development Services Director Brad Steinke briefed the council on the items. Councilmember Severs commented he does not remember ever directing staff to implement this on all major arterial streets.They were trying to get rid of some of this that was a problem.He thought they were going to look at certain, specific areas such as the "y" and the land to the south of the freeway.He missed the last work session on this and when he read that all major arterials would be on this, the first one that came to mind was Broadway.Twice now the issue has come up on Broadway and they have decided both times that it does not work.He watched the meeting the other day and his exact words on this were to please simplify.He does not see any simplification at all.This calls for all major arterials but it does not work on Broadway. Development Services Director Brad Steinke stated back in March there was a copy of the ordinance and it included the major arterials but excluded the redevelopment areas, Old West Highway and Apache Trail.Those are not all major arterials.They are taking their lead from the council and at the time the consensus was that this is a refined area that is not as large or expansive than the current ordinance is; it goes down to those very visible corridors.The city manager had challenged them to find the areas where it truly geographically would have a great impact.Defining over 30 square mile was more difficult than to include exemptions that would allow those areas that do not qualify to be exempt. It is their ordinance.They can keep the existing one, get rid of the ordinance altogether, or do something in between.He will take his lead from them.If they do not want the major arterials in there, it can easily be deleted.However, there are some areas on the north side of the city and outside the "y" that are vacant and could be developed in the future that have REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 13 OF 40 overhead wires that we probably would want to have down as part of the development. Councilmember Severs commented the question is at what cost.He heard the "y" and that is the area he thought they were going to be concentrating on; the "y" and south of the freeway.South of the freeway does not need to be discussed as it is all undeveloped.Any new power lines must be underground. Development Services Director Brad Steinke stated that is correct. Councilmember Severs commented to him that is simple. Development Services Director Brad Steinke stated he takes his lead from them.If they do not want major arterials, they can take them out.But, there are parts of the city that would not be affected. Vice Mayor Eck asked if most of the north side is low density. Development Services Director Brad Steinke stated he is talking about the undeveloped area to the north. Vice Mayor Eck asked if most of that is 1.25 acre low density lots. Development Services Director Brad Steinke stated whatever it is, it is vacant.If it were to be developed someday, he asked if they would want the developer to take those lines along Lost Dutchman down. Councilmember Severs commented if they are going to be 1.25 acre lots with homes, they could probably not afford to take down a power line to build a home. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 14 OF 40 Vice Mayor Eck agreed.They would only be building a lot at a time. Development Services Director Brad Steinke urged them to be careful.He suspects there may be 1.25 acre lots south of US 60 and they do expect they will never be able to put those lines up. Councilmember Severs commented there is a huge difference between never putting them up and taking them down. Development Services Director Brad Steinke stated if that huge difference is disproportionate to the public benefit, then the exemption would apply. Assistant City Manager Bryant Powell asked him to explain the exemptions a little bit more. He believes that is where the confusion is regarding the area he is referring to as San Marcos and Broadway. Development Services Director Brad Steinke showed the exemptions on the screen.It has to do with the character of the neighborhood, the character of adjacent properties, if there is a dominant pattern of wires in the neighborhood, or if adjacent properties have wires, they qualify for an exemption.A minor subdivision would qualify for an exemption if the developer can demonstrate a disproportionate economic hardship.He believes that gets to the core of the problem Councilmember Severs was always talking about.If the cost to the developer to bury the wires is disproportionate to the benefit, they get the exemption.That is the safety net for those issues.However, if that does not convince him there is enough of a safety net, than he can take any part of the criteria off. Councilmember Severs commented the exemptions listed probably exempt 90% of the city. All of Broadway and Southern are exempt.He asked why they even have them there.Instead of making the exceptions to make it more complicated and ruling by exemption, he would like to see it simplified and say all new construction and new power lines must be underground. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 15 OF 40 Development Services Director Brad Steinke stated this does that.They are talking more about existing wires.He asked if the council wants a regulation that requires, under certain conditions, that overhead wires be buried as a condition of development.If they do, that is what they are trying to do here.If they do not, they can remove the ordinance altogether and have no regulation. Mayor Insalaco commented he does not like removing it altogether. Councilmember Severs commented their major concern months ago was new downtown development in the "y" area.They wanted to build a big, beautiful, new live/work/play 21st century downtown.They do not want to have power lines in the middle of that, and that makes sense.He thought that was when they directed staff to look at certain areas, specifically the "y".He would have no problem with saying that if someone wants to develop in the "y" in this new downtown they are talking about, that the power lines be undergrounded. Councilmember Dietz commented he thought they had discussed Apache Trail also.There are some areas there. Councilmember Severs commented they have not had much luck with that. Councilmember Dietz commented they have had one assign funds to underground some time ago. Vice Mayor Eck commented the arterial streets concern him.He asked when somebody does have to pay for undergrounding the wires, where are we in development fees and how much money do we feel we need for the impact on the community.He asked if the electric coming in would make it that much more. Development Services Director Brad Steinke stated that is hard to say.QuikTrip, for example, the cost to bury the wires was roughly $120,000.He asked if that would be a problem to a corporation like QuikTrip.To a REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 16 OF 40 mom and pop business, maybe, the Quiktrip, maybe not, but are they not glad that they buried them at that corner. Vice Mayor Eck and Councilmember Severs agreed. Development Services Director Brad Steinke stated he will take direction from them if they want to fine tune the area specifically geographically.If they say the "y", he needs direction as to where that is.Is it both sides or just .one side or the other because the power lines are on the south side. Councilmember Severs commented every contractor he knows is out of work, every plumber, every electrician, every flooring guy, everybody out of work.People are not building bars, restaurants, or apartment complexes; they are not building.He believes if they throw in any additional fee right now, they will lose businesses.They will lose tax dollars.He does not see the benefit.He does not see where it is worth it to the city to lose another business over a power line that has been here for years. Chances are the "y" will get torn up anyway when they go to develop it.Power lines will get torn up because roads will get moved.Sidewalks will get moved.Chances are they will all go away in that particular area.Anybody that is going to build on any of our arterial streets, even if it is Apache Trail, will not be tearing up the power lines.It will be a huge burden for them.And every day that burden will get higher.What cost them $125,000 this time, because Salt River Project paid for half of it, was $250,000 to QuikTrip, and that was over a year ago.He doubts they could afford to do that today.We would probably lose their business.They do not know how long before it gets worse or better.They are not saying please come and build in Apache Junction if they are putting another burden on the developers.It worries him. Councilmember Dietz commented he still sees the need in certain areas where they want to keep that view of the mountains in the downtown area and down Broadway and other areas. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 17 OF 40 Councilmember Barker commented it appears that most of the areas that are buildable or will be remodeled have overhead power lines on both sides of them so they will not be impacted.It seems to her they have that on most of the major arterials.She sees Mr. Severs' point, but she would like to see something that forces new development in wide open areas to not even start with overhead wires; they should begin with underground.She asked how this could be worded to do that. Councilmember Severs commented it would be with all new construction. Councilmember Barker stated that will not do it because the new construction could be on a lot that has a house. Councilmember Severs repeated that all new power lines must be underground. Development Services Director Brad Steinke stated the only place in all the city ordinances that we speak about power lines for new development is in this landscaping section.It is not in the engineering guidelines, only here.This ordinance is basically like the last in that we say any new extensions to new development has to go underground. He thinks they are covered there.They should not have to worry about that.The council always has a tool in their hip pocket for.most major developments.Most major developments require either a rezoning or a planned amendment.They always have the opportunity to use the planned development amendment to require something above and beyond that is not covered in the code. They intend for all the state land just approved of to have no overhead wires.It is easy enough to do.But he believes they need something in this section of the code which speaks of this specific matter.Right now Apache Trail is virtuously wireless. There are a few spots that have wires but they are developed and are not likely to be redeveloped.He believes they are safe on Apache Trail.State Route 88, as it goes northeast and Old West Highway as it goes southeast, have a lot of wires along them on vacant land.It has the potential to develop in the future. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 18 OF 40 Councilmember Dietz stated there is a portion of State Route 88,n South Idaho, that is down.He believes it is down to about Broadway. Development Services Director Brad Steinke stated most of Idaho is wireless. Councilmember Severs commented he keeps going back to what Sandie Smith says that if they rule by exception, there is something wrong with your rules.If they have to keep writing them so that everyone gets an exception, then they should just take it out and implement it where it needs to be implemented, which is all the new development to the south.All new power lines must be undergrounded.With a development agreement, and the planned development they will be doing for the downtown redevelopment, they will go underground.Someone will come in and build 5- story buildings or multi -use buildings, and streets and sidewalks may not even go where they are at.If they get a whole new downtown, they will all go away. Councilmember Dietz commented they may; they do not know. Councilmember Severs stated they will with the planned development, if they choose to push that far and hopefully not lose the business. Councilmember Dietz asked him if he wanted to delete the whole ordinance completely. Councilmember Severs stated he would like it to be all new power lines must be underground. That leaves the door open to encourage more people to come here. They are talking about a $250,000 expense.They take down one pole, it is $250,000.He asked where there is a business that can do that. Councilmember Dietz commented it was a total of 5 poles with QuikTrip for $250,000. Vice Mayor Eck commented it was $120,000. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 19 OF 40 Councilmember Severs asked how much it was for the one on Broadway.He added it was $150,000. Councilmember Dietz commented they had to relocate four poles on both sides.He still thinks they should cover the downtown area.They have already started that and he would like to keep that enforced. Vice Mayor Eck asked if he meant the "y". Councilmember Dietz stated that is correct and on Phelps, continuing it all the way up. They have already done it on Idaho. Vice Mayor Eck commented that the city did it on Phelps. Councilmember Dietz stated the point is that it is done.They want to continue to have it done in this area.He wants to make sure that area of the downtown is done. Mayor Insalaco commented he believes the problem that Councilmember Severs is talking about is the subdivision on Broadway next to San Marcos.There was one pole in the middle of the property.They wanted him to go underground and then go back up again.That is basically what they do not want to do.It shows in the other slide that that would be okay.He agrees that something should be in there at their discretion. Vice Mayor Eck commented they need to do it now. Mayor Insalaco stated it is there.If someone wants to come in and put in a large development along Old West Highway, they will have to take the power lines down.Most of the arterial streets are filled up anyway; Broadway is mostly, the Trail and Superstition. Whatever goes on between Gold and the other, they will not be taking those poles down because they are right there anyway. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 20 OF 40 Councilmember Severs stated those are his thoughts exactly.They should not rule by exception.They should fix the rules so they work.This has already been proven that it does not work. Mayor Insalaco stated he still thinks they need something. Councilmember Dietz commented he is trying to come up with a solution. Councilmember Severs stated it would be a planned development.They are there for that reason. Councilmember Barker asked which parts of the major arterial roads would he want to see taken out of there. Councilmember Severs stated he would like to see all of them taken out. Councilmember Dietz commented Mr. Severs just wants it all gone. Councilmember Severs stated just the part that really has a possibility of hurting the city. Anything that is going to come in that will be extravagant or a major project will probably have a planned development agreement or a development agreement.They can ask for it to happen in those agreements. Councilmember Barker asked what would happen if there is no planned development. Councilmember Severs asked what happens if they cannot afford it and they push for it and we lose them.Or if they come before the council and the council has to give them another exception. Councilmember Barker stated he has to look at exceptions like the ones he has listed.In reality, it appears that what is here is pretty much what he REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 21 OF 40 wanted.It does have the exceptions for the very things he was saying they would have to come in and ask for.They are written down.She asked if he did not want any exceptions. Councilmember Severs stated that was not what he was saying.If there are exceptions for those people, then why are they even putting it in here.He would like to just get rid of it.If everyone who has to qualify for an exception gets an exception, or the other people who do not qualify for the exception come before the council to get an exception, then they should just get rid of it. Councilmember Dietz commented they would be in areas where we wanted that to take place. Councilmember Severs stated they could do those through a planned development or development agreement. Vice Mayor Eck commented they are not all going to be planned developments.They are talking about the appeals going to the board of adjustment so the council would not even see it in a planned development. Development Services Director Brad Steinke stated the original ordinance they saw in March had appeals going to a hearing officer.If they did not like the hearing officer's opinion, it would go to the board of adjustment.They got rid of the hearing officer, so the appeals go to the board of adjustment.The issue was raised at the last meeting.That is still up in the air and they can talk about it and debate the question. Vice Mayor Eck commented Councilmember Severs is saying they can do a planned development and take care of it under the planned development, but we are changing that part of the planned development and council will no longer be discussing that part of the planned development. Development Services Director Brad Steinke stated if there is a property that asks for a planned development, it has to be approved by the council. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 22 OF 40 Planned developments oftentimes have conditions of approval on which the council must pass judgment. City Attorney Joel Stern stated it is correct that the planned development can include the undergrounding. Vice Mayor Eck commented he was saying that at the work session but he was getting the impression that the council would not be seeing them anymore, even on planned developments.He thought it would be politically correct to go with board of adjustment. City Attorney Joel Stern stated he is talking about the appeal process. Vice Mayor Eck stated that is correct. City Attorney Joel Stern stated that in the past 11 years he has seen the city council go through 5 or 6 of these. Vice Mayor Eck commented they have not had this for 11 years. City Attorney Joel Stern stated they have not, but the council would be the ones that say yes, and that is the current law.The change would be to go to the board of adjustment.In the past 11 years the council has decided the issue, and it has been very political and difficult for most of the council.If they do not want to change it, they can retain control.It was a suggestion, and he recommends that it go to the board of adjustment as it takes the political activity out of it. Development Services Director Brad Steinke commented that if there were a situation where the Downtown LLC comes in and wants to have a planned development zoning, they actually may not need one. Councilmember Dietz commented that is because everything is zoned properly. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 23 OF 40 Development Services Director Brad Steinke stated chances are they may still ask for one.If the planned development comes to the council and the applicant is asking for planned development approval and one of the conditions is they want the council to exempt them from the overheads, he still thinks they can get that.He believes it can still end up as part of the discussion with the planned development.He does not think the process takes that away from them.It is still fair game as part of that discussion.But not every property may need a planned development.Most seem to seek it because they are looking for other things in addition. City Manager George Hoffman commented that exceptions, as proposed here, can be granted by staff. Development Services Director Brad Steinke stated that is correct. Councilmember Dietz commented that is what Councilmember Severs wants. Councilmember Serdy asked how it worked that Salt River Project threw in some money at the QuikTrip, and how often it happens. Vice Mayor Eck commented they give the city money annually. Councilmember Barker commented that is part of an annual payment that the city gets from Salt River Project.We put it in a fund that is set aside for use for things like that.We had enough at that point to use it for QuikTrip. Assistant City Manager Bryant Powell stated it is called the Salt River Project Mitigation Fund.It depends on the development.They actually capitalize it on their books.We never see it.The amount varies, some years it is $100,000, some $300,000.In this case, they reimbursed us.City Engineer Giao Pham and Development Services Director Brad Steinke assisted him on this as there are certain requirements.If they go back to that fund, they need to REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 24 OF 40 understand what they can and cannot do.As he understands it, Salt River Project may not have been able to do it for a commercial development.They would prefer to do Phelps Drive and the downtown mitigation.They have done the school district ones.They did it for this one.It was half of it; they worked with the city on it. Councilmember Severs commented it would not be happening again. Vice Mayor Eck commented it was hard for him to talk to the Salt River Project representative about the original underground ordinance; he got laughed at.They thought it superceded what we need to do. They did not think it was that big of an issue.So they had to have people come in front of them and waive the ordinance. Citizens were thinking the council is just giving away things. He thinks that if this is done that much earlier in this process by staff, then do it there. Councilmember Dietz commented he thinks it is the answer. Vice Mayor Eck commented they will get the undergrounding where they want it. Councilmember Barker asked him to clarify what he just said. Vice Mayor Eck commented he is happy with the ordinance.Originally the part about the major arterial streets really bothered him, but it is a pretty soft ordinance. Councilmember Dietz commented what is nice about it is that staff can give the exceptions.It is not going to hang up a developer or cost them any more funds or another month to get to the council by the time it goes through a work session.If they fall within those exceptions, staff does it and it is done. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 25 OF 40 Development Services Director Brad Steinke stated if they do not like it, he suspects that they will be back again here some day. Councilmember Severs commented the ones that do not automatically qualify for the exemptions will be coming before the council again, or they are passed off to the board of adjustment and here we are making an exception again. Vice Mayor Eck commented that is what Councilmember Severs wants. Councilmember Dietz commented he wants the ordinance completely gone. Councilmember Severs stated he does not want everybody that has a problem with this have to come before somebody to get an exception. Vice Mayor Eck commented there are only going before staff on a permit. Councilmember Severs commented that if that does not work, such as their property being 140' wide, now they have to apply.Hopefully it comes to the council so that we can see the effect this is having.That person would have to come before them to ask for an exception. They would have to give that person an exception because they cannot afford it or for some other reason, just like they have done for almost every other one in the past. Vice Mayor Eck commented this should eliminate a lot of these. Councilmember Severs commented he would like to get rid of all of it. Vice Mayor Eck asked if he was saying they should not underground wires anywhere in the city. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 26 OF 40 Councilmember Dietz commented he likes what development services has done on this; they have done a good job.It gets the undergrounding where they want it. Councilmember Wilson commented this would not add to the developer's costs. Development Services Director Brad Steinke stated he would expect that when they first stop in to see them, they would go over all the criteria required for plan review and development.That would be one of the number one things on the list as it is near and dear to the development. They want to know up front what their costs are so they would want to have that settled right away. There was general discussion on the item numbers. Development Services Director Brad Steinke stated number 10 is the technical requirement to allow the council to bypass the publication costs.Number 11 is the ordinance they just talked about.Number 12 is the change to the zoning code that allows it to go to the board of adjustment. Councilmember Severs commented he does not remember them saying they wanted it to go to the board of adjustment.He thought that it was staying with the council. Development Services Director Brad Steinke commented he said that he wanted it to go to the hearing officer.They have dumped that now and injected board of adjustment in its place.It is a policy matter.It can go to someone else. Mayor Insalaco opened the public hearing on the items. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council.He commented he liked what had been done by the development services director.The main arterial roads are all designated REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 27 OF 40 commercial and it would be nice having the lines underground at that point.He commented the developers are waiting for the next boom, the costs associated with undergrounding, and trying to keep the vistas. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the items for council discussion. Councilmember Severs asked why the power lines were not undergrounded in front of city hall.The city spent millions on this project and yet did not do it because it could not afford to.Now we will tell businesses that they have to do it. Vice Mayor Eck commented they have an exception here. Assistant City Manager Bryant Powell stated they are 69KV lines. Councilmember Severs commented not all of them are.They are discouraging businesses and they need to start putting out the welcome mat and inviting businesses, doing anything we can to get them here.We are being accused in the paper every week of not caring about growth, improvement, and progress.That we have no vision.We do care, but it does not look like it when they tell people they will have to spend $100,000 extra to underground power lines that have been there for 18 years because we want a better view of the mountain.It is not inviting.The growth of the city will be hurting with this ordinance, just like we have seen many times in the past when they have had to give exceptions.They are not fixing the ordinance; they are making it a little bit better and hopefully they can get something out of it. Councilmember Dietz stated they are making it quite a bit better. Mayor Insalaco stated he thinks it is a lot better. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 28 OF 40 Councilmember Severs commented when this comes back to us again because people are standing in front of us looking for an exception, he will be the first one to say he told them they should have fixed it. Councilmember Dietz commented he would do that anyway. Vice Mayor Eck commented he shares some of Councilmember Severs' concerns, but he thinks if they keep talking about how bad our business community is, then we are trying to label ourselves as a bad business community. He does not think that is healthy. Mayor Insalaco commented no one is building anything anywhere. Vice Mayor Eck asked if they wanted anything of any quality.He thinks they do.He stated if Councilmember Severs would read through this, he would see that it covers the areas appropriately.He did not think it did at the work session. Mayor Insalaco closed the discussion and called for a motion. Councilmember Severs asked if it is still going to the council or is it going to the board of adjustment. Councilmember Dietz commented that is two items later.He then MOVED THAT RESOLUTION NO. 08- 15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENT TO THE APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE,CHAPTER 6 LANDSCAPING AND SCREENING REQUIREMENTS,ARTICLE 6-1, SECTION 6-1-6(D)UNDERGROUNDING OF OVERHEAD LINES AND EQUIPMENT,BE APPROVED. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 29 OF 40 VOTE:5-2 (Councilmembers Serdy and Severs voted in opposition.) The motion carried. Mayor Insalaco called for a motion on item number 11. Councilmember Dietz MOVED THAT ORDINANCE NO. 1318 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1318, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Eck SECONDED THE MOTION. VOTE:5-2 (Councilmembers Serdy and Severs voted in opposition.) (Councilmember Serdy explained he is voting no because they are competing for business and this may stop some growth.) The motion carried. motion on item number 12. requested more discussion. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 30 OF 40 Mayor Insalaco called for a Councilmember Severs The, consensus of the council was they needed more discussion on this item. Councilmember Severs asked why these are going to the board of adjustment instead of the council. Councilmember Barker stated the reason behind it was politics.To have the council making these kinds of decisions opened them to the possibility of being politicked to death, rather than having a legal body who follows legal laws do it without emotion. Councilmember Dietz commented when this was originally brought up, it was to go to the hearing officer which was nixed. Development Services Director Brad Steinke stated the original one had it going to the hearing officer, and if they were not satisfied with the hearing officer's opinion, it would then go to the board of adjustment. The hearing officer is gone now so they just put in that it goes to the board of adjustment. Councilmember Severs asked if the city attorney had in front of him the rules and regulations the board of adjustment follows in making an exception. City Attorney Joel Stern stated he did not have those with him but he could go get them if he would like. Councilmember Severs commented he wondered how many of those that had come to them in the past would have been denied if they had gone to the board of adjustment.Their rules and regulations are very strict, very black and white.He feels most of those cases would have been denied if they had gone to the board of adjustment.Or it would have taken 2 to 3 months to get on the board of adjustment agenda plus have to pay additional fees.It would have delayed the projects even longer.Coming before the council would not delay them as long or cost them more funds.The council makes the decisions about the growth of the community.He would like REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 31 OF 40 to be able to continue making those decisions and not pass them off to someone else. Councilmember Barker stated she sees his point.Her question is they have passed the other ordinance and it contains those exceptions.It seems to her that those would dwindle the number of cases going before the board of adjustment by a large number.If they do not meet any of those criteria, they should probably be undergrounded. Councilmember Severs stated they cannot say that because they do not know every single case that could come up.If it is one person that we lose because of this, it is one too many.He would like for the council to make the decision.There is nothing political about it.It is about the council doing what is best for this community.Right now, tax dollars and businesses are what are best for this community. It is not about whether a power line is visible or not.You can go to every city in the country and you will see power lines. It is not a major catastrophe.Losing business now is. Mayor Insalaco asked the city attorney if he would call this political. City Attorney Joel Stern stated for his almost eleven years here, every situation has been very political.Councilmembers have been called beforehand, especially those that have been here a long time. Vice Mayor Eck commented he has never been called. Councilmember Severs stated he has never been called on a power line. City Attorney Joel Stern stated he recalled where some councilmembers were called before the meeting and there was some lobbying. Councilmember Barker commented she sees Councilmember Severs' point and agreed with him.These decisions do rest on their shoulders and she agrees with that.Her problem with it is before she came on the REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 32 OF 40 council, when she was watching the meetings, she saw some developers do some heavy duty lobbying.She saw some people on the council get to the point where enough was enough and they went with the developers.That is the kind of thing she is talking about.He may be a stronger person, but she is concerned that the next council people up here may not be that strong and may need this.She is looking for some answers and to the future, rather than right now.Next year at this time there may be none of them up here.She wondered if they would be giving them a break or would they be pushing them right back into it. Councilmember Severs asked if they were giving them the control to make the decisions on the finances of the city. Councilmember Barker asked him if this was control. Councilmember Severs commented the council needs to be able to make those decisions. They are very important. Vice Mayor Eck commented it is part of the planned development process now so that is why he agrees.He questioned why they would be sending it to the board of adjustment if they are going to be seeing it anyway. Development Services Director Brad Steinke stated they may not be seeing every one.He did not believe QuikTrip was a planned development. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1312 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 33 OF 40 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1323, AS READ BY THE CITY CLERK, BE DENIED. Councilmember Wilson SECONDED THE MOTION. There was general discussion on how to vote. City Attorney Joel Stern stated if that is the motion, then the other ordinance just voted on has to be changed. Councilmember Barker stated because it has the board of adjustment in it. City Attorney Joel Stern stated that is correct.It would have to be either a motion for reconsideration or a new motion to change it.That would be in effect saying no to this ordinance. Councilmember Barker apologized but stated she would still like to get rid of the board of adjustment on this particular item. There was general discussion on what needed to be done to get the council to hear these decisions.It was determined they would have to complete this motion and then the councilmembers who made the motion and second on the previous one can opt to withdraw them and they can then revisit the item tonight. There was general discussion on what would have to be taken out in Ordinance No. 1318. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 34 OF 40 City Clerk Kathleen Connelly stated now they can go back to Ordinance No. 1318.If she understood the city attorney correctly, they would be removing the words "Board of Adjustment and Appeals" from that section. City Attorney Joel Stern stated the last sentence from that section would also have to go. City Clerk Kathleen Connelly stated the first step would be for the motion maker and seconder to withdraw what was previously done. There was general discussion on how to withdraw the motion on Ordinance No. 1318. Councilmember Dietz MOVED TO WITHDRAW HIS MOTION ON ORDINANCE NO. 1318. Vice Mayor Eck WITHDREW HIS SECOND. VOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO. 1318, AS PREVIOUSLY READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT ITEM NUMBER 4 ON PAGE TWO, REMOVE BOARD OF ADJUSTMENT AND APPEALS AND THE LAST SENTENCE, AND INSERT CITY COUNCIL FOR THE BOARD OF ADJUSTMENT AND APPEALS. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 08-16, DECLARING AS A PUBLIC RECORD THE "APACHE JUNCTION CITY CODE, VOLUME II LAND REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 35 OF 40 DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 12 PROCEDURE FOR VARIANCE,SECTION 12.0107 ADMINISTRATIVE RELIEF EXCEPTION/ ORDINANCE NO. 1320, ADOPTING BY REFERENCE THE "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE, ARTICLE 12 PROCEDURE FOR VARIANCE, SECTION 12.0107 ADMINISTRATIVE RELIEF EXCEPTION ) )Development Services Director Brad Steinke briefed the council on the item. Councilmember Dietz commented this is to amend the zoning code to allow staff to give a minor 10% deviation on zoning standards. Councilmember Severs asked the development services director to give some examples of where it would apply other than parking regulations. Development Services Director Brad Steinke stated there could be a property owner that wants to put an accessory building to the side of their property and there is a nice, big saguaro cactus that prevents them from getting the full 10' setback.If they go 10', they destroy the saguaro.Staff can give them a 10% reduction and take it to 9' and save the cactus. Councilmember Severs asked what about situations where it was already done in the past and it has been discovered. Development Services Director Brad Steinke stated that has been discussed for the last 4 or 5 months.This cannot be applied retroactively. Councilmember Severs asked why it could not. City Attorney Joel Stern stated because of A.R.S. § 9-462.It is state law. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 36 OF 40 Councilmember Severs asked if he had it there so he could hear it. City Attorney Joel Stern stated he did not have it with him. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Severs MOVED THAT RESOLUTION NO. 08-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE,CHAPTER 1 ZONING ORDINANCE,ARTICLE 12 PROCEDURE FOR VARIANCE,SECTION 12.0107 ADMINISTRATIVE RELIEF EXCEPTION,BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Severs MOVED THAT ORDINANCE NO. 1320 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 37 OF 40 Councilmember Severs MOVED THAT ORDINANCE NO. 1320, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JULY 14, 2008, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JULY 15, 2008, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT the meeting at 10:22 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 38 OF 40 Councilmember Severs SECONDED Mayor Insalaco adjourned Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of June 17, 2008. 3. Acceptance of the Minutes of Special Meeting of June 17, 2008. 4. Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2007-2008. 5. Approval of assignment and transfer of development rights by Earnhardt Properties Limited to Horne 3400, L.L.C. 6. Approval of Resolution No. 08-20, authorizing the City to enter into an intergovernmental agreement to: 1) plan, design, construct, operate, maintain and finance a regional wireless cooperative network; and 2) provide for related two- way radio equipment maintenance and emergency dispatch services. 7. Approval of Resolution No. 08-21, authorizing the City to enter into an intergovernmental agreement for participation in the Pinal County Narcotics Task Force. ACCEPTED THIS 15TH DAY OF JULY, 2008, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JULY, 2008. N S. INSALACO yor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 39 OF 40 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 1st day of July, 2008.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of July, 2008. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2008 PAGE 40 OF 40